HomeMy WebLinkAboutContract 27864.:� -
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C1�Y �EG���`�e�� .
CC)N�RAC`� �O.
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C�TY OF FORT WORTH
PLU1�[BIl�G I�tSPECTiON AGR�ENiE1�T
This Agreement made th.is �_ day of .�(,,t�� , 2���, between �he
Czty af Fort Worth (hereinafter referred to as the "City"}, and
� L.ct�.X.� �Jaiv E� ,(hereinafter refer�red to as the "Plumbing
�sp�ctor"}.
In considexation of the mutual promises contained in this Agreement, the parties
agree as fallaws:
� �ECITALS
The City of �'ort Worth is a hame rule municipal corpora#ion of the Siate of
Texas, locat�d within Tarrant and Den�on Counties, Texas. �
The Cxty desires ta retain a Plumbing Tnspector to provide the 5ervices as set out �
in Exhibit, "A" which is attached hereto and made a part h�reof �ar all purpose�, being
hereinafter re�erred to as the "�ervices".
The l?lumbing Inspector agrees to perfarm the services as set out in Exhibit "A". �
AGREEMENT
The City and Plumbin� 7nspectar, for and in consideration of the mutual
covenants hereux, set forth agree as foliows:
�t is agreed tha# the City zetains the Plumbing Tnspector to provide the Sernices as
set out in Exhibit "A", subject to the tezms, conditi�ons, and stipulations under this
Agreem�nt.
COMP�NSATION •
For and in considera�ion of the �ervices rendez�ed by the Plumbing Znspect�r, the
City shall pay and the Piumbing Inspector shall receive.t�e fees set forth in Eachibit "A"
attached hereto and incorporated herein by xeference. Plumbing Inspector shall not accept
any compensation ox anything of vafue from any cantractor or nwner whose work is
being inspected by the Plumbing Inspector. .
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AMEl�IDMENTS 'I'O A�REEMENT
Any amenclrFient to this Agreement � must be in writin� and signed by ihe
Plumbing Inspector and the City Manager af the City.
1�da1�T�EXCLUS�VE AGREEMENT
It is understood and agreed that retention of the Pluumbing Tnspector bp the City �ta
perf'orm ihe Services, and for the purpos�s stated in this Agreement, is not exclusive.
ASSISTANTS
Tf�e Phunbing Inspectar does not have the right to employ assistants or sub
plucr�bing Tnspectors to pexform the Services without the advanced w�ritten cons�n# af the
City Development Director. All assistants or sub-plumbing inspectozs er�ploy�d by the
Plumbin.g Znspector sha.11 be licensed plwnbin� inspec�ors. ,
INDEliTN�F�CATION
Plumbing Lxspector assumes the �ntire respansibility and liabi�ity for any c�aim or
action based on or azising out of ir�juries, including deafh, to persans or damages to or
destructian of property, sustained or alleg�d ta ha�e been sustained in connectian with or
to have arisen nut of or incidental ta the p��ormance of this contract by Plumbing
Tnspector, regardless of whether such cIaims or actions are founded in whole or in
part upan ajleged negXigence of the City of Fort Warth, its affcers, agents ox
employees, or the employees, agents, znvx#ees, or licensees thereof. In respect to any
such matters as s�t out above, Plumbing Inspector fiuther agrees to indemnify anc� hold
harmless the City af Fort V�ar�h, its officers, ag�nts and empioyees and agrees to de�end
any claim or suit or action at Plumbing Inspector's own experise when suit is brough�
against the City of Fort Worth,.i#s officers, agents or employees, and employees, agents,
invitees, and licensees thereof.
�1SURA�TCE
Zt is agreed between Plumbin� Inspector and Ci#y of Fort Worth that Plurnbing
Inspec�or will seeure and furnish Ci#y with a certificate of general liabiliry and
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d. The Plumbing Inspec#ar agrees to and zepresents thai it will not in any fashion �'�
discrimina�e in the pxaviszon af Services again�t any person because of race,
color, religion, national origzn, sex, age, disability, poli#�cal belief, sexual
- oxientatian or affiliation.
�DEPEI�iDENT CON'�`RACTO�t
It i.s the express agreement and unders#ancling of the parties that Plumbing
Inspectar is in ail re�pects an independent cantractor of the Ci�Ey. The relations�up
between fihe Plumbing Ins�ec#or and the City is that of an independent contractor,
Neiiher party is an empioyee, servant, or partner af the other, and neitb�er has the right,
authori�y, or power to direct, bind, ox obligat� tl�e .other in any way, except_ within #be
cont�xt of tkus Agreement.
The City is interested only in the results ta be achieved, and th� control of the
work will lie so�ely with Plumbing Inspector. Pl�bing Ins�ector shall set his or hez ow�a
hours of wark and the number of hours that he ar she shall work to accomplish the
purpases of this Agreement. •
PRIOR AGREEII�EN'�S SiiPERSEDED
This Agreernent constitutes the sQle and orily agre�rn�nt of th� parties #o it, ar�d
�upers�des any priar ur�derstandings vr written ox oral agxeemenis be#wc�n the parties
respecting this subject matter.
TEXAS LAW TO APPLY
This A�reement shall be constru�d under and in accordance with �tha laws �f the
Stats of Texas, and all obligations of the partie� created under this Agreement ar�
perfarmable in Tarrant County, Texas. "Venue shall be in the siate courts located in
Tarrant County, Texas ar the United States District Court for the Northern District oi
Texas, Fort Worth Division.
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C�
� .Any notices and communicatians required to be given in writing by az�e paxty ta
the other sha11 be considered as ha�ing been given to the addressee on the date tha natice
or comm�nication is placed in the Uni�ed States Mai�.
Executed, in multiple counterparts, at Fort Woz�th, Texas, on the day and year first
above written, and each signed c�un�erpart shall be treated as an ariginal for all purposes.
ATTES�': �
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G�or'ia Pears4n; Ci�y Secretary
CITY OF FORT W�RTH
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Assistant City Manager
Appxaved #o forna an.d legality
David Yett, City Attorney
$ ���. � ,� ��c�.
Y�
Assistant Citj�ttomay
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�ontract Ruthorixa�ian
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PLUMBING �NSPECTUR
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ame: .Jd�►h'��� G. ,�i�/�'S
Ti�e: T �r.e y►n�l �h y �� ��.
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� � . �'ity o�'Fo�t �a�t�i9 �`exas � �
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DAT� - REFERENCE N[lMBER ' LOG NAM� . .' � PAGE � � .
. 'll'�61Q1 : . **����1�7 I � 06PR�GRAM � � '� of 3
suB�ECT. • AGREEMENTS �AND ORDINANCES. ESTABLISHING THiRD .PARTY P�UMBING
. ��� : � -� lNSPECTION PROG�RAM � ., + � � � � -. � � � �
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RECflMM�NDATIDN; ' � ` �
lt is recomme�ded that the City Counci�:- � . � . '. . � � . � , � �
1. Authorize the C�fy Manager to ente� i�td agreements witt� independent contractors for third party _�
� plumbing i�speckors�to �erform plumbft�g inspEctions v,iithin the City of Fort Worth; and •��
2. Adopt the attached ordinances wn�ch eskabiish 1�°Io as �he amount retained �for new constructior� �
building permits to�cflvet' #�e maximum amouni payable for third party plurnbing inspection services; ;
and � � �
3. _ Adopt the atkach�d ordina�ces which establish 9Q°!o as the amvunt retained fior aiI plumbing work
pe�mits, o��er than n�w construction, to cover the maximum amoun�., payable for tYtird party
piumbiRg inspection services; and � , � �
4. Ado�t fhe attached apprapriat�on ordinance increasing estimated receip�s and appropriations in the
General F�nd by $'i15,Q00. , � , �. � � �� � � - . . . ,- . � .
❑1SCUSSI�N: �. . - . . . . . . . • . � - . ..
Or� Marc� 2, '{999 (M&C G-�I2492), the City Councii.adopfed ordinance.amendme�ts and.directed staff__
ta implement a..program allowirtg third, party, plan review .at�d inspe�iion serv�ces for t�e Building,-=
Electrical,. Plumbing and_ Mecha�ical Codes. This program was necessary tv address heavy demands
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in b�ildEng canstruction inspections;��prohlems �with �ecruiting and re�a�ining � q�alifE�d �City �sta�F, and to
better meet the special exper�ise or ex��dited schedules fnr various projec#s. At fhe time of
[mplementation} the C9ty was experi�r�c�rig 3D% of all ins�ection requests not being per��rmed within �24
hours ofi the request, resulting in a decrease o'f produc#ivity, construction delays and increase� costs.�=, -.= =
The thitd �party program allawed contractars =andlar awners of projects io cantract �directly with pfari
review or inspeckion firms to �rovide services narmaily deiivered by the D�v��opment Depa�tment.- On
May 25; 'i999 (M&C.G-12568), the Citjr Council authorized a wai�er of 9D°Io of'th� calculated buiiding,�
electrical, pl�inbing or mechanical fees for �rojects �m�naged by a ti�ird party firm. T�� callectian oi .
'i0% by the City was determined as t�e amount �ecessary:to cover staff costs _in_ quality contro� and.
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reco�d genera��o� or mana�emer�t, � .
On A�gust '16, 20DD,'t�e Texas 5tate 6oard of Plumbing Examiners (Board) inquired into Fart Worth's
third_ parfy prograim �a dete�mine if �tt�e prog�am was t�pholdirig the 5tate� P�um�ing �L.icense Law and:
Board's rules. I� particular, the Board had questions .regarding� #he employme�tt relatiorisY�ip between
the� City and the third . party plumbirig �irispector and the =method � of payment for tliose services:=
Subsequent replies�ar�d commur�ications with the Board resulted in t�e Baard'Administrator ruling that
the Fort Worth ti�ird party p2�mbing inspectian Qrocess was tiot meeting the requirements of �the
P�umbi�g License �aw or-the Board's rules. The�matter was 'Forwarded to the Board's Enforcement
Committee tor eons9deratian on September 28, 2000. . ��
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DATE . R��ERENG� NUMBER LUG NAME , �AGE
'111610'i- - . **�-13i �7 � � � 06PROGRAM . � 3 af 3
. sua�EeT . AGREEMENTS AND ORDINA�ICES ESTABLISHING THIRD PARTY Pi.UI�BING
INSPECTi�N PROGRAM - � . � � � � . -
Favarable consideration by the C9ty Council for t�e t�ird party plumbing ir�spec#'ion program. and
structure will authorize staff to implem�nt the program on February 5, 2001.
It should �e noted that staff has been war�t+ng wi�h #i�a Safety �nd Community Development Cornmittee
to ct�ange the struct�re and amo�n#s of�buildi�ig permits.. .Cha�ges of fees and the percent waiver tar
third party inspection seniices will be recommended in the nEar future. At that t9me, the at�ached
ordinat�ces wil! need to be arnended app�opriately. � � �
F15CA� INFORMATIONICEFjT1FICAT�ON.:
T�e Finance Director cer�ifies that upon appro�al � of ti�e above �ecommendations, funds� wip �e
a�ailable, as appropr€ated, in the General F�nd: �. . �
MG:k �
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Submitted for City Maaager's
Oftice by:
Mike Groomer ��� � � � 6144
Uriginating Deparkment Head: .
Bob Riley
FUNb � ACCOUNT � CEIVT'ER � AMOUNT
(ta) -
89D! (from)
CITY 5�CRETARY
_-.. - - -- .APPROV�D � . =-- �
_ ��TY �OU�lC1L �� �
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� �. JAN -��6. 2D�!
Addltional Informatinn Contae�: . - a . ��,, �j���
- ��ty' Sacretazp ot the
$ob Riley 890� �uYof Fort Worth,'�ezas _
Adopted �rd��ance l�o, �`-��8'S �,dopte� Ord��a.r�c� �o� /��/ �