HomeMy WebLinkAboutContract 27175�
CITY S�CR���RY .
CONi�ACi N� . ,� 1/_/_ ` s _
��r� o� a�oR� woRT�
PLUl�[BIl�G II�I�PEC'I'�O� AGREEl'V�ENT
� da af _ �'�. . ��01, between #he
Tnis Ag�reement made tb:is ;' y ._ _._ ,
City of Fo�rt Worth (hereinafter
. ,
. . �.: �:, a .., � - -�-� ��r= . .
Inspector").
referred �a as t1�e "City"), and
, (hereinafter referred to as the "Plumbing
Tn conside�ration o� the mutual promises contained in t�is Agreement, �he parties
agree as fallows:
RECITALS
�'he C�ty of Fort Worth is a hame xule municipal corporatian of the State of
Te�cas, Iocated within Tazrant and Denton Counties, Texas.
Th.e City desires ta retain a Plurnbing Inspecfior to pzovide the Services as set out�
in Exhibit, "A" which is attached hereta and made a part hereof �or ail purpases, beir�g
her�inafter referred ta as the "Services".
The Plumbing Inspector ag�re�s to perform the s�rvices as sct out in Exhibit "A'°.
AGREEMENT
The City and Piumbing 7nspectar, for and in consideration of th� mutual
covenan#s hexein, set forth agree as �ollaws:
�t is agreed fihat the City re#ains the Plumbing Inspectox to provide the Services as
s�t out in Exhibit "A°', subject to the t�zms, conditions, and stipulations under this
Agreem�nt.
COM�'�PTSAT`XUNf •
For and in consideration o� th� 5ervices renderad l�y the Phunbing Inspeoto�, th�
City sha1l pay and the Plumbing Inspector shall receive the fees set forth in Exhibit "A"
attached hereto and incazpo�ated herein by reference. Plumbing Insp�ctor shall not accept
any compensation or anything of value from any contraetor or owner whose work is
being inspected by th� Plumbing Lnspector. --��
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PROFES�ION.Ai., RESPONSIBILIT�ES
Pltunbing Tnspector agr�es to perform said �ervices expaditiously, on xequest, in
accordance wzth sound and &eneraily accept�d inspection principals and siandards, ta
check, £ar campliance with ihe applicable City of Fort Worth Code or Codes.
When requested, the Plurnbing inspector shall canduc� on-�zte plurz�bing
inspeations fa:r campliance with xegulatioz� �stablished by the Czty or State for plumbing
installatian.
All documents whzch come into tY�e possession o£ Plurnbzng Inspector are and
shall remain the pxop�rty of the City and shall be :maintained As public records subject io
detercnin,atian by the City ot�ierwise.
0
C�TY R�V.�EW
PIumbing Inspector" agrees and understands #hat City o�f aials may, at their
discretion, make periodic site visits to xeview, inspect and duplicate any inspectiox�s
performed by the Plumbing I�spector in order to instrz�e a quality control of performance.
The city official shall r�aintain fiz�l interpretation authvrity of aIl af.�ected codes as well as
the authority to require corr�ctions, including, but not Iimited to, notaces andlor stop wark
orders. Plumbixa,g dnspector understands that, c�pon completian of aIl buildang projects, the
City official will perfornx a final inspection priar to the issuance of a certificat� of
occupancy.
7�'EI�t1YITNATION
This Agreement may be terminated by either party far aa,y zeason by giving two
(2) days written natice. The Cfty reser�wes the right to suspend or stop services
immediately.
2 .
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A1VIE1�DNIENTS TU AGREEIVIEIriT
Any amendment to �this Agreement must be in writing and signed by the
Plumbing Inspector and �th� City Manager of the City.
1�O1�T�E�CLUSXVE AGREEIVIE1�iT
It is undersfood and a�eed that retention of #he Plumbing Tnspector by th� City to
perforrn the �ervices, and for the purposes stated in fihis Agreement, is nat exclusive,
ASSISTAI�ITS
Th� Plumbing Inspector does not hav�e the right to employ assistants ar sub
plumbing Inspectnrs to perforin the Services wzthout the advanced written consent Qf the
City Development Director. All assistants or sub-plumbing inspectors employed by �he
Plumbing Inspector shall be lzcensed plumbing inspectors. ,
iND�MNIFxCATXON
�� Plumbing Inspec�or assumes the entir�: responsibility and liab�lity far any claim ar
actian based on ox arising out ai injuries, including death, to persans or damages #n vr
deshuctio� of prapezty, sustained ar alleged to have b�en sustained in connectian with ar
to have azisen out of or zncidental to the perfonnance of this can�ract by Piumbing
Inspector, regardless of r7vhether such claims or actions ar� founded in whole or in
part upan aYleged ne�ligence of the City of Fort Worth, x�s aff cera, ag�nts or
cmployses, or th�e employees, agents, invitees, or licensees �hexeof. In resgec# to any
such matters as sEt out a'bove, Piumbing Tnspector �urther agrees ta indemnify and hold
harmless the City of Fort Wflrth, its officers, agents and emptoyees and agrees to defend
any claun or suit or actian at Plumbing Inspector's own e�ense when suit is hrought
against the City of Fort Worth, its officers, agents or erx�ployees, and empIayees, agents,
invitees, and Iicensees thereof.�
�1�TSURAI�TCE_
It is agreed between ptumbing Inspector and City af Fart Woz th that Plumbing
Insp�ctor will secure and furnish City with a cez�titficate of general liability and
3 �?
automabile insurance �overage in a�a amaunt specified by standard policies an�.
pracedures of the Aisk Management D�partment of the City during the term of this
contract. The C�#y of Fart Worth shall be sho�vn as an addi#ional inswred on said policies
o�insurance.
FORCE MAJEUR�
Thc Plumbing Inspector shall not be respflnsibla or liable �ar any loss, damage, or
delay caused by force majeure which is beyond #he control of the parties, which shall
inc�ude rio�, insurrectaan, ernlaargo, fxe ar explosion, t�,e e�ements, act af.God, epidemic,
war, earthquake, fload, or the o�Ficial act o�' any governrnent.
ASSIGNMENT
Tlus Agreement shalt not be assigned in whole or in part �y the Plumbing
Insp�ctor. .
0
LEGAY. CONS�j.3.UCTION
In case of any one ar more of the pxovisions contained in #his Agreement sk��Il far
a.uy reasan be held to be invalid, illegal, ar unen%rceable in any respect, such invalidity,
illegality, or unen�'orceabiIity shall no� affect any other provision a.nd this Agresment
shall be construed as if' such invalid, illegal, or unenforceable provision had ne�ver been
cantained in it.
WARRANT�ES
Plumbing Inspec#or hereby warrants t1�at:
a. Plumbing Xnspcctor has, currently in �ffect, all necessary licenses to perform
the work, and P�umbing Inspectvr.is qc�alif ed ta perForm the wark as required
by the City's Codes and the S#at� of T�xas;
b. AlI assistants or sub plumbing inspectors emp�oyed by Plt�mbing Inspectar
shall bc currently li.cens�d plumbing inspeciors;
c. AIl work is to be perfarmed in a professional and workmanlike manner;
, 4 . �.
d. Tka,c Plwmbing inspectar agrees ta and represents that it wi11 not in any fashian
discrirninate in the provision t�f Servic�s against any person because af race,
color, religion, national oxigin, sex, age, disability, poliiical belief, sexual
orientation or a�filiati�n.
X�IAEPEI�DENT COl�TRACTOR
It is the express agreement and unders#anding of the parties that Plurnbing
Tnspeetar is in all respects an inde�endent contractor of the City. The relationship
between th� Plumbing Inspector and the City is that o� an independent cantractar.
N�ith�r party is an em�al�yee, ser�vant, ox parEner of the other, and neithex has the rzght,
authon�ty, or power to direct, bind, or obIigate the other in any way, except. vwithin �e
context af th�i.s Agreement.
T�.e City is interested only in the results ta be achieved, and th� control of the
wark willlie solely with plumbing Inspector. Plumbing Inspector sha11 set his or her own
hours of work anc! �he numb�r o�' hours that he ar ',she shall work ia accomplish the
purposes of this Agreement.
PRIOR AGREElYI��T'TS SUPER,�EDED
This Agreement cor�stitutes the sole and only .agreement qf the parties to it, and
supersedes any prior understandings or written or oral agreemen#s between �the pazties
respecting this subject matter.
TEXAS LAW TO APPLY
This Agreement shall be construed under and in accvxdanc� vvith th� laws of the
State of Texas, and all abligations a� the parties cxeated under this Agreement are
performable i:n Tarxant County, Texas. Venue shall be in the state courts Iocat�d in
Tarrant County, Texas or th� United States District Court �ox the Northern District of
Texas, Fort Worth Division.
5 �
. PARTIES BOiJ1iTD
This Agreement shall be binding on and znuxe to the benefit of tha parties to it and
their xespea#av� heirs, executars, administxators, legal representati�res, successors, and
assigns:
li�1AII,.I1�dG ADDRESSES
All notices and cornmunica�.ons under this Agreernent to be mai�ed ar deli�rered
to th� City shaIl be sent as foilows:
City o�Fart Worth
1000 Throckmoxko� Street
Fort Worth, Texas i6102
Attention: Develapmen# Director
Telephane (S 17} $71 �$901
All nofices and cammunica�ians under this Agre�ment to be mail�d or dalivered
to the Plurnbin,g Znspector axzd if applicable, the corporation, assoczation, parknership ox
any other non-gvvernmental entity that employs said Plumbing Inspector shall be sent as
follows, unless and until the City is otherwise notif ed:
Plumbit�g Ir�spector:
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r.�r�Fr�'�' ,.t�".���•GJt�irJ` .� 7�I0i
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COmpany:
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Any notices and communicatians zequired to b� given in writing by ane party to
the othar shall be considered as having been�given to the ad�resse� an the date the notice
or cammunication is placed in the L7nited States Mai1.
Executed, in multiple countezparts, at Fort Warth, T�xas, on the day and year first
above v�rritten, and each signed counterpart shail be treated as aza original for a�I putposes.
ATTEST;
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Gloria Pearsq�,�ty Secreta�y
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City Manager
Approved to £orm and legality
David Yett, Cxty Attarney
; B ' r . - � f ,f'�-'�.r �'t.v4GC�(.�.
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Assista�t Ci ttorney
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contr�et Aut�orfzatian
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PLUIVIBING xIRTSPECTOR
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Name:��� I r.� �r � „�� ��
Titie: l�•l � �, � r �c / �.i'�/� �-�� �
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E�HIBIT ��A"
ATTACHE� T4 AAID MADE A PART �F AN .
INSPEC'�ION AND C4DE COMPLIANCE SERVICES AGREEIVIENT
A.1. �lumbing Tnspectar:
Name
Address
Phone
A.2 Scope o� Services: Plumbing Inspectian
A.3 Frequer�cy: As CalledlOn Requ�st .
�
A.4 Compensation: �1. percentag� or flat rata associated witk� plumbing
impravements cov�red by,. either a building permit for eaeh proj�ct ar a stand alone
plumbing permit established and approved by #he City Council.
S . ...
C`ity of �'o�i T�Tjo�th, 7'exas
`� � ' �'' �' 1 � � �, �_�I �: ,I i �I I
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DATE REFERENCE NUMB�R LOG NAME PAGE
111810� **�.�131 �� 06PROGRAM 1 of 3
SUBJECT AGREEMENTS AND ORDINANCES ESTABLISHING THIRD PARTY PL,UMBING
INSPECTION PROGRAM
RECOMMENDATION:
It is recommended that the City Council:
1. Au�horize ihe City Manager to enter ir�to agreements with independent contractors for third party
plUmbing inspectors to perform plumbing inspeefions within the City af Fart Worth; and
2. Adopf the attached ordinances which establish 90°/fl as the amount retained for new construction
buildfng permits to cover the maximum amount payable for third party plumbing inspection services;
and
3. Adopt the attached ordinances which establish 90°/a as the amount retained for all plurr�b[ng wor�
permi#s, ather than new construction, to cover the maximum amount payable for �hird party
plumbing inspection services; and
4. Adapt the attached appropriation ordinance increasing estimated receipts and appropriatiar�s in the
General Fund by $'(15,000.
D15C[J55�ON:
On March 2, 1999 (M&G G-12492), the City Council adopted ardinanc� amendmertts and directed staff
to implement a pragram allowing third party plan review and irtspection services for the Building,
Electrical, Plumbing and Mechanical Codes. This program was necessary to ad�r�ss heavy demands
in building canstruc#ion inspections, problems with rec�uiting and retaining qualified City staff, and to
befter meet #he special exper�ise or expedited schedules for �ariaus projecis. At the time of
implementation, the City vuas experiencing 30% of all inspection requests no� being performed within 24
hour� of the request, resulting in a decrease of praductivity, construction delays and increased costs.
The third party program allowed contractors andlor owners of projec�s ta cflntract directly with plan
re�iew or inspection firms to provide servic�s n�rmally deli�►ered by the Development Department. On
May 25, 1999 (M&C G-12�68}, the City Cauncii authorized a wai�er of 90% af the calculated building,
elecfrical, plumbing or mechanicai fees for projects managed by a fhird party firm. The callection of
1 D°/a by the City was determined as the amount necessary to cover staff costs in qualiiy cantrol and
r�cord genera#ion or management.
On August 16, 2000, the Texas S�ate Board of Plum�ing Examiners (Baard) inquired into For� Worth's
third party pragram to determine i� the program was upholding the State PEumbing License Law and
Board's rules. En particular, the Bpard had questians r�garding the �mployment relatio�ship between
the City and the third party plumbing inspector and the methad of payment for thase services.
S�bsequent replies and communications with tf�e Board resulted in the Board Administrator rulir�g that
the Fort Wor�h t�ird party plumbing inspection pracess was naf ineeting the requirements ofi the
Plumbing License Law flr the Board's rules. The matter was forwarded to the Board's Enforcement
G`ity o��`o�t T�ortl�9 T'exas
Mayor �n� ���n���
�o����c�t�or�
DA7�
11� 6101
SUBJECT
R�FERENCE NUMBER LOG NAM�
**�d13'9 27
AGREEMENTS AND ORDINANCES ESTABLISHING THrRD PARTY PLUMBING
INSPECTION PROGRAM
[�T:� �:iile77,1� I
PAGE
2of3
Committee for consideration an September 28, 20D0.
City sfaff attended the Enforcement Cammittee meeting in September 2flOQ, and it was determined thaf
a contractual a�reement similar to fhase with other j�risdictians might address the Board's conc�rns of
employment and compensation. A draft agreement between the Ci�y and individual plumbing
inspectors was submitted to the Board on November 8, 2000, and discussed at their November 13,
2000 meefing. Following the hearing, the Board's attarney relayed to the City tf�at minor changes to the
agreement would make the confract acceptable to the 6oard. A revised agreement was s�bmitted to
the Board on December $, 2000.
The proposed agreement makes each third party plumbing inspector an independent contractor of the
City and restructures the me#hod of payment for those inspection services. The City will collect, at t�e
time of permitting issuance, a percentage of the total building permit for the plumbing portion of a
project. Upon campfe#ian of �lumbing inspections by th� third party inspect�r and invoicing of those
services, the City wil! issue payment for the services rendered.
On December 22, 2�00, the Board Administrator cammunicated that the Board's Enforcement
Committee, Baard s#aff and the Board's aitorney had reviewed the Plumbing Inspection Agreem�nt
submitted on Decem�er 8, 2000. The Board's attorney advised th� Board that under the re�ised
agr��ment, the relafionship �etwe�n th� Licensed Pfumbing Inspectars and the Ci�y of Fort Wprth,
along vti►it� the method for compensating the Licensed Pfumbing Inspectors, does not �riolate the
Plumbing License Law or Board rules.
In order to begin implementation of ihe restructured third party plumbing inspection program, it is
necessary to autharize the City Manager io ent�r into agreements with each third party plumbing
inspector as independent contractors. A copy of the proposed Plumbing Inspectian Agreement is
attached.
Additionally, it is proposed to withhold 10°/q of all building permit fees far related plumbing inspection
services for each new construction �rojec�. In the case of remodeling �rojects or jobs with only
plumbing work, the City will colieci the entire plumbing permit fee of which 90% wiil be returned as
payment for inspection services. These collections will equal the maximum amounf payable to the #hird
party plumbing inspecto� for services rendered. !fi is estimaied fhat for the remainder of the fiscal year,
collection for t�e new construction projects would be $1 �S,OQa, and collections fior the plumbing permit
only projects would be $10,OOa. Attached are the necessary ordinance amendm�nts to facilitate this
collection.
f n or�er fo manage ihe co[lections, invaicing and issuanee of �aymenis for the third par�y plumbing
inspectiar� program, it is estimated that one additional authorized position and associated office
suppiies and equipmenfi will be needed. The annual impact an the General Fund budget is �stimated to
be $43,OOfl. Th� present implemen�ation �f this program will be handled as an average and more
C'ity of'�'or� Wo�t`h, �'exas
.� - � � � � �� � �_� �: �
�����i�at�o�
DATE R��EREEVCE NUMBER LOG NAME PAGE
111 BID1 **�_� 3�j �� 06PROGRAM 3 of 3
su���cT AGREEMENTS AND ORD NANCES ESTABLISHING THIRD PARTY PI�UMBING
[NSPECT[�N PROGRP�M
clearly identified in the proposed FY2001-2002 General Fund budget once actual impact can bs
determined.
Favorable consideration by the City Council for the third party plumbing inspection pro�ram and
struct�re will autharize staff to implement the program on February 5, 2001.
I� should be noted that sfiaff has been working with the 5afety and Cammunity Develapment Committee
to change the strucfure and amounts af building permits. Changes of fees and the percent waiver for
third party inspection services wi[I be recommen�ed in the near future. At that time, the attached
ordinances wiil need to be amended apprapriafe[y.
FISCAL INFORMATIONICERTIFICATION:
The Finance Director certifies that upon approval of the abov� recommendations, funds will be
a�ai�a�le, as appropriated, in the G�neral Fund.
MG:k
Submitted for City Man�ger's
�ffice by:
� kvrrn
� (to)
�
ACCOUNT I CENT�R I AMOUNT I CITY SECRETARY
Mike Groomer 614q
Qrig�nating Department Head:
DA7E
111 fi101
SU6JECT
Bob Riley
City of �o�t Wo�tl�, T'exas
i���'or �a�� C������
Co�ur���a����
REFERENCE NUMBER LOG NAME PAGE
**��� 3� �7 06PROGRAM 4 of 3
AGREEMENTS AND ORDINANCES ESTABLISHIIVG THIRD PARTY PLUMBING
INSPECTION PROGRAM
� � I I '�'pROVED 1-16-41
Additianal Io%rmatfan CQntact:
89U1 (from)
Bob Riley 89D I
ORDINANCE NO. I4485
ORDI[�TANCE NO. i4486
ORDINAkVCE N0.14487
�RDINAIVCE N0.14488
ORDINANC� NO. I4489