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HomeMy WebLinkAboutContract 2855504 f?3po-,: '18 I�CVp CITY SC0r4rTA"-f C CONTRACT W) .. c) �J615 CITY OF FORT WORTH PLUMBING INSPECTION AGREEMENT d This Agreement made thisOda of 2003 between the gr y ity of Fort Wk-°rth Jherei fter referred to as the "City"), and • A , {hereinafter refereed to as the "Plumbing Insp ctor"). In consideration of the mutual promises contained in this Agreement, the parties agree as follows: RECITALS The City of Fort Worth is a home rule municipal corporation of the State of Texas, located within Tarrant and Denton Counties, Texas. The City desires to retain a Plumbing Inspector to provide the Services as set out in Exhibit, "A" which is attached hereto and made a part hereof for all purposes, being hereinafter referred to as the "Services". The Plumbing Inspector agrees to perform the services as set out in Exhibit "A". AGREEMENT The City and Plumbing Inspector, for and in consideration of the mutual covenants herein, set forth agree as follows: It is agreed that the City retains the Plumbing Inspector to provide the Services as set out in Exhibit "A", subject to the terms, conditions, and stipulations under this Agreement. COMPENSATION For and in consideration of the Services rendered by the Plumbing Inspector, the City shall pay and the Plumbing Inspector shall receive the fees set forth in Exhibit "A" attached hereto and incorporated herein by reference. Plumbing Inspector shall not accept any compensation or anything of value from any contractor or owner whose work is being inspected by the Plumbing Inspector. PROFESSIONAL RESPQNSIBILITIES Plumbing Inspector agrees to perform said Services expeditiously, on request of the City, in accordance with sound and generally accepted inspection principals and standards, to check for compliance with the applicable City of Fort Worth Code or Codes. When requested by the City, the Plumbing Inspector shall (1) c udut Qn-site inspections for Code compliance, and (2) provide review of plans, plal 5,weAID designs, developments, reports, studies, surveys, data, ctc. prepared by per n;C A I� �? �: FT. '`, NIA. other than the Plumbing Inspector and submitted to the Plumbing Inspector by the City, and (3) provide input, comments, and/or recommendations and such response deemed appropriate by the Plumbing Inspector to assist the City in Code compliance. All documents which come into the possession of Plumbing Inspector are and shall remain the property of the City, shall be maintained at the City Hall, 1000 Throckmorton Street, and are public records, subject to determination by the City otherwise. CITY REVIEW Plumbing Inspector agrees and understands that City officials may, at their discretion, make periodic site visits to review, inspect and duplicate any inspections performed by the Plumbing Inspector in order to insure a quality control of performance. The city official shall maintain full interpretation authority of all affected codes as well as the -authority to require corrections, including, but not limited to, notices and/or stop work orders. Plumbing Inspector understands that, upon completion of all building projects, the City official will perform a final inspection prior to the issuance of a certificate of occupancy. TERMINATION This Agreement may be terminated by either party for any reason by giving two (2) days written notice. The City reserves the right to suspend or stop services immediately. - Any amendment to this Agreement must be in writing and signed by the Plumbing Inspector and the City Manager of the City. NON-EXCLUSIVE AGREEMENT It is understood and agreed that retention of the Plumbing Inspector by the City to perform the Services, 'and for the purposes stated in this Agreement, is not exclusive. ASSISTANTS The Plumbing Inspector does not have the right to employ assistants or sub plumbing Inspectors to perform the Services without the advanced written consent of the City Development Director. All assistants or sub plumbing inspectors shall be currently licensed plumbing inspectors. INDEMNIFICATION PLUMBING INSPECTOR ASSUMES THE ENTIRE RESPONSIBILITY 1 [ATt1T,1TY__ FOR ANY CLAIM OR ACTION BASED ON OR ARISING OUT OF INTURIES, INCL IDFf"1 111E ORD TO PERSONS OR DAMAGES TO OR DESTRUCTION OF PROPERTY, SUSTAINED R#Itf2S7Gi �lll7 0) TO HAVE BEEN SUSTAINED IN CONNECTION WITH OR TO HAVE ARISEN OUT OF OR INCIDENTAL TO THE PERFORMANCE OF THIS CONTRACT BY PLUMBING INSPECTOR, REGARDLESS OF WHETHER SUCH CLAIMS OR ACTIONS ARE FOUNDED IN WHOLE OR IN PART UPON ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, AGENTS OR EMPLOYEES, OR THE EMPLOYEES, AGENTS, INVITEES, OR LICENSEES THEREOF. PLUMBING INSPECTOR FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY OF FORT WORTH, ITS OFFICERS, AGENTS AND EMPLOYEES IN RESPECT TO ANY SUCH MATTERS AS SET OUT ABOVE AND AGREES TO DEFEND ANY CLAIM OR SUIT OR ACTION AT PLUMBING INSPECTOR'S OWN EXPENSE WHEN SUIT IS BROUGHT AGAINST THE CITY OF FORT WORTH, ITS OFFICERS, AGENTS OR EMPLOYEES, AND EMPLOYEES, AGENTS, INVITEES, AND LICENSEES THEREOF. INSURANCE It is agreed between Plumbing Inspector and City of Fort Worth that Plumbing Inspector will secure and furnish City with a certificate of general liability and automobile insurance - coverage in an amount specified by standard policies and procedures of the Risk Management Department of the City during the term of this contract. Said policy is to include coverage for negligent acts, errors, and omissions and be maintained in force for five years from date of certification or certification renewal. The City of Fort Worth shall be shown as an additional insured on said policies of insurance. 1�1CI� &M1lJ 01111 The Plumbing Inspector shall not be responsible or liable for any loss, damage, or delay caused by force majeure which is beyond the control of the parties, which shall include riot, insurrection, embargo, fire or explosion, the elements, act of God, epidemic, war, earthquake, flood, or the official act of any government. LEGAL CONSTRUCTION In case of any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. ►%7_A' ',T1W9 YiOk Plumbing Inspector hereby warrants that: Plumbing Inspector has, currently in effect, all necessary licenses to perform the work, and Plumbing Inspector is qualified to perform the work as required by the City's Codes and the State of Texas; a. All assistants or sub -plumbing inspectors employed by PIUMI ' ; fOVML s shall be currently licensed plumbing inspectors. c. All work is to be performed in a professional and workmanlike n tan' Cal. Ri'l ?" 3 d. The Plumbing Inspector agrees to and represents that it will not in any fashion discriminate in the provision of Services against any person because of race, color, religion, national origin, sex, age, disability, political belief, sexual orientation or affiliation. INDEPENDENT CONTRACTOR It is the express agreement and understanding of the parties that Plumbing Inspector is in all respects an independent contractor of the City. The relationship between the Plumbing Inspector and the City is that of an independent contractor. Neither party is an employee, servant, or partner of the other, and neither has the right, authority, or power to direct, bind, or obligate the other in any way, except within the context of this Agreement. The City is interested only in the results to be achieved, and the control of the work will lic solely with Plumbing Inspector. Plumbing Inspector shall set its own hours of work and the number of hours that it shall work to accomplish the purposes of this Agreement. PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole and only agreement of the parties to it, and supersedes any prior understandings or written or oral agreements between the parties respecting this subject matter. TEXAS LAW TO APPLY This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created under this Agreement are performable in Tarrant County, Texas. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. PARTIES BOUND This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. MAILING ADDRESSES All notices and communications under this Agreement to be mailed or delivered to the City shall be sent as follows: City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 4 Attention: Development Director Telephone (817) 871-8901 All notices and communications under this Agreement to be -mailed or delivered to the Plumbing Inspector and if applicable, the corporation, association, partnership or any other non -governmental entity that employs said Plumbing Inspector shall be sent as follows, unless and until the City is otherwise notified: Plumbing Inspector: 3i I Q � o/f�wfc i 2l �T �+✓c)t77-1/ 7-O<A5 Company: NO2TN �f.,}rAs �N�/P�cT�B.J sffir?(il tf 7-79 v c1iFF��� s r wr�l �� SFTTtFr+��.�r °7 0.0k Any notices and communications required to be given in writing by one party to the other shall be considered as having been given to the addressee on the date the notice or communication is placed in the United States Mail. Executed, in multiple counterparts, at Fort Worth, Texas, on the day and year first above written, and each signed counterpart shall be treated as an original for all purposes. ATTEST: glo&riaPearson, City Secretary Approved as to form and legality: David Yett, City Attorney By: ,✓Gti 9v'GG�/t, Fulwider Assistant ity Attorney CITY OF FORT WORTH 01�fi Assistant City Manager PLUMBING INSPECTOR t�r'$/4Gf D- r f Name: Pr r`t} C Title: -4/ u4crvlt WORM, YEX. 5 EXHIBIT "A" ATTACHED TO AND MADE A PART OF AN INSPECTION AND CODE COMPLIANCE SERVICES AGREEMENT A.1. Plumbing Inspector: X4/' O f D Name 102 Address 5`17 Phone A.2 Scope of Services: Plumbing Inspection A.3 Frequency: As CalledlOn Request A.4 Compensation: Ten percent (10%) of the City Council established building permit fee, Payment is based on .the completion of the structure and monthly invoices submitted to the City for each individual building permit, 6 RISK MANAGEMENT RECOMMENDATIONS FOR INSURANCE REQUIREMENTS Basic requirements or limits of insurance coverage are listed below. Limits of coverage depend on several factors including but not limited to risk exposure in regards to respective services, products procured, or contractual terms, to name a few. Statutory Limits of Workers' Compensation is applicable for all public projects. Coverage limits are the recommendation of Risk Management. There are exceptions and departments are ultimately responsible for setting contract limits. 1. Commercial General Liability (CGL) Insurance Policy $1,000,000 each occurrence $2,000,000 aggregate limit Coverage shall include but not be limited to the following: premises operations, independent contractors, products/completed operations, (include explosion/collapse/un.dergrouud property if applicable), personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, be as comprehensive as the current insurance Services Office (ISO) policy. (Sudden pollution coverage may not be excluded by endorsement. Include as a requirement of the line of endorsement that you do not want excluded. Determined by a review of the risk exposures) All endorsed exclusions are subject. to review of the City in order to determine if the exclusions are acceptable. In the event the exclusions are unacceptable and the City desires the contractor/engineer (fill in with appropriate title) to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 2. Automobile Liability Insurance Policy $1,000,000 each accident on a combined single limit basis or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non - owned. 3_ Workers' Compensation Insurance Policy Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease - per each employee $500,000 Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee Other Lines of Insurance Other lines of insurance coverage, which may be applicable to a contract, could include one or more of the insurance types listed below. The insurance type is not an all-inclusive list. EIL and Professional Liability limits are mentioned because they are frequently required. 1. Environmental Impairment Liability (EIL) Wor Pollution Liability $2,000,000 to $5,000,000 per occurrence $5,000,000 to $10,000,000aggregate Ins. Requirements Revised August 2002 2. Professional Liability The minimum insurance requirement for this line of coverage should be sufficient enough to coverage the completed operations of the construction project. The Texas Statute of Repose, §§ 1608.9, of the Texas Civil Practice and Remedies Code, requires a claimant to bring suit fora defective or unsafe condition of an improvement to real property or equipment attached to real property, or deficiency in the construction or repair of an improvement to the property within 10 years of substantial completion. The statute applies to property damage, bodily injury, wrongful death, contribution, or indemnity. Errors & Omissions coverage is an integral part of the Professional Liability policy. The coverage protects the insured against liability (financial loss) should an error or an omission occur in the performance of his professional duties Professional Liability limits should be consistent with other requirements. The recommended minimum should be no less than: $1,000,000 per occurrence $2,000,000 aggregate Policies. are to be written on an occurrence basis or will provide a minimum of a five (5) year tail coverage .for policies written -on a claims made basis. Subcontractors policies should follow the same minimum requirements as described above. 3. Excess Liability 4. Liquor Liability 5. Garage Liability 6. Garage -keepers Liability 7. Builders' Risk 8. Lessee/Tenant User of City Owned Facilities 9. Miscellaneous Coverage and Floaters/Riders BONDS Fidelity Bond - for honesty and faithful performance of duties and for acts of dishonesty Surety Bond — Guarantees the performance of another Performance Bond -- Guarantees the work to completion GENERAL REQUMMETNS &/or POLICY REQUEREMENTS • The City of Fort Worth, its Officers, Employees and Volunteers shall be named as an Additional Insured. Exception.., the additional insured status does not apply to Workers' Compensation policies • Forty-five (45) days notice of cancellation or non -renewal, It would be advantages to the City to require the following clause: "This insurance shall not be canceled, limited in scope or coverage, cancelled or nun -renewed, until after forty-five (45) days prior written notice has been given to the City of Fort Worth. • Wavier of rights of recovery (subrogation) in favor of the City of Fort Worth. Ins. Requirements. Revised August 2002 • The insurers for all policies must be licensedlapproved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. • If insurance policies are not written for specked coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage its claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. • The deductible or self -insured retention (SIR) affecting required insurance coverage shall be acceptable to the Risk Manager of the City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must also be approved. • The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. The City shall be required to provide prior notice of ninety (days). • The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. Ins. Requirements Revised August 2002 Cit of Fort Worth,.Texas exas ' L mu,''111 cation !VW0. GATE REFERENCE NUMBER LOG NAME PAGE, 1/16/01 **Gs43127 06PROGRAM I -- _ 1 of 3 SUBJECT. AGREEMENTS AND ORDINANCES . ESTABLISHING THIRD -PARTY PLUMBING' INSPECTION PROGRAM RECOMMENDATION: It is recommended that the City Council:' 1. Authorize the City Manager to enter into agreements with independent contractors for third party . plumbing Inspectors -to perform plumbing inspections within the City of Fort Worth; and - 2. Adopt -the attached ordinances which establish 10% as the amount retained for new construction building permits to cover the maximum amount payable for third party plumbing inspection services; and 3.__. Adopt the attached ordinances which establish 90% as the amount retained for all plumbing work permits, other than new construction, to cover the maximum amount; payable for third party plumbing inspection services; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Fund by $115,000. DISCUSSION: On March 2, 1999 (M&C G-12492), the City Council -adopted ordinance .amendments and.directed staff to implement a program allowing third_ party plan review .and inspection services for the Building,-__ Electrical, Plumbing and Mechanical Codes. This program was necessary to address heavy demands_ in building construction Inspections; problems with recruiting and retaining qualified City staff, and to better meet the special expertise or expedited schedules for various projects. At the time ' of implementation} the City was experiencing 30% of all inspection requests not being performed within'24 hours of the request, resulting in'a decrease of 'productivity, -construction delays and increased costs. ==: The third 'party program allowed contractors 'and/or owners of projects to contract directly with plan review or inspection firms to provide services normally delivered by the Development Department.- On May 25, 1999 (M&C.13-12568), the City Council authorized a waiver of 90% ofthe calculated building, electrical, plumbing or mechanical fees for projects menaged by a third party firm. The collection of_ . 10% by the City was determined as the amount necessary to cover staff costs in quality control _and record generation or management. On August 16, 2000,-the Texas State Board of Plumbing Examiners (Board) inquired into Fort Worth's third_ party program ,to determine if the program was upholding the State Plumbing License Law and -- Board's rules. In particular, the Board had questions .regarding' the employment relationship between the - City and the third party plumbing 'irispector and the = method - of payment for those services. Subsequent replies -and communications with the Board resulted in the Board Administrator ruling that. the Fork Worth third party plumbing inspection process was not meeting the requirements of "the Plumbing License Law or -the Board's rules. The matter -was forwarded to the Board's Enforcement. Committee for consideration on September 28, 2000. .._......... - City of Fort. Worth, Texas o� andcouncil, . aun;on . DATE REFERENCE NUMBER LUG NAME PAGE 1/16/01 **G-13127 06PROGRAM 3 of 3 SUBJECT AGREEMENTS AND ORDINANCES ESTABLISH NG "THIRD PARTY PLUMBING INSPECTION PROGRAM Favorable consideration by the City Council for the third party plumbing inspection program and structure will authorize staff to implement the program on February 5, 2001. E It should be noted that staff. has been working with the Safety and Community Development Committee to change the structure and amounts of -building permits._ .Changes of fees and the percent waiver for third party inspection services will be recommended in the near future. At that time, the attached ordinances will need to be amended appropriately. FISCAL INFORMATIONXEPjTIFICATION: The Finance Director certifies that upon approval of the above recommendations, funds will be available, as appropriated, in the General Fund. MG:k .- - - - - -- - -----._.... . Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT Office by: (to) Mike Groomer 6140 Originating Department Head: Bob Riley 8901 (from) Additional Information Contact: Bob Riley 8901 _ Adopted Ordinance No. !` Adopted Ordiila.o1 ce No. W/ J/ CITY SECRETARY - - APPROVED . _- C iY COUNCIL JAN. 201 fi 1� �, ,, City Secretary of the C4 of Fort Worth, Tex"