HomeMy WebLinkAboutContract 29003 i
CITY SECRETARY
CONTRACT NO. a9003
CITY OF FORT WORTH
PLUMBING .INSPECTION AGREEMENT
This Agreement inade this day of a , 2003, between the
Ci y of Fort W h (hereinafter referred to as the "City"), and
(hereinafter referred to as the "Plumbing
Inspector").
In consideration pf 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 Tar1rant and Denton Counties, Texas.
The City desires tp 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 �he "Services".
The Plumbing Ins ector 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 fort 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 an)thing of value from any contractor or owner whose work is
being inspected by the P1 mbing Inspector.
PROFESSIONAL RESPONSIBILITIES
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 co�pliance with the applicable City of Fort Worth Code or Codes.
y
When requested the City, the Plumbing Inspector shall (1) conduct on-site
inspections for Code compliance, and (2) provide review of plans, plats, documents,
designs, developments, reports, studies, surveys, data, etc. prepared by persons or entities
other than. the Plumbing Inspector and submitted to the Plumbing Inspector by the City,
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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 propeily of the City, shall be maintained at the City Hall, 1000
Throckmorton Street, ad 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 periodi site visits to review, inspect and duplicate any inspections
performed by the Plumbi g 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 r4ay 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.
AMENDMENTS TO AGREEMENT
Any amendmentI'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 an4 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 In pector does not have the right to employ assistants or sub
plumbing Inspectors to perforin the Services without the advanced written consent of the
City Development Director. All assistants or sub plumbing inspectors shall be currently
licensed plumbing inspectprs.
INDEMNIFICATION
PLUMBING INSPE�TOR ASSUMES THE ENTIRE RESPONSIBILITY AND LIABILITY
FOR ANY CLAIM OR ACTT N BASED ON OR ARISING OUT OF INJURIES, INCLUDING DEATH,
TO PERSONS OR DAMAGETO OR DESTRUCTION OF PROPERTY, SUSTAINED OR ALLEGED
TO HAVE BEEN SUSTAIN D IN CONNECTION WITH OR TO HAVE ARISEN OUT OF OR
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INCIDENTAL TO THE P RFORMANCE OF THIS CONTRACT BY PLUMBING INSPECTOR,
REGARDLESS OF WHETI ER SUCH CLAIMS OR ACTIONS ARE FOUNDED IN WHOLE OR IN
PART UPON ALLEGED EGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS,
AGENTS OR EMPLOYEE , OR THE EMPLOYEES, AGENTS, INVITEES, OR LICENSEES
THEREOF. PLUMBING INSPECTOR FURTHER AGREES TO INDEMNIFY AND HOLD
HARMLESS THE CITY O 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 �ITY 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 f6T 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.
FORCE MAJEURE
The Plumbing Ins ector shall not be responsible or liable for any loss, damage, or
delay caused by force m jeure 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.
LEGAI. CONSTRUCTION
In case of any one or more of the provisions contained in this Agreement shall for
any reason be held to bei valid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceab lity 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.
WARRANTIES
Plumbing lnspecto hereby warrants that:
Plumbing Inspector has, urrently in effect, all necessary licenses to perform the work,
and Plumbing Inspector il 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 Plumbing Inspector
shall be currently licensed plumbing inspectors.
b. All work is to be performed in a professional and workmanlike manner;
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c. The Plumbing Inspector agrees to and represents that it will not in any fashion
discriminate din the provision of Services against any person because of race,
color, religion, national origin, sex, age, disability, political belief, sexual
orientation of affiliation.
INDEPENDENT CONTRACTOR
It is the expres agreement and understanding of the parties that Plumbing
Inspector is in all resp, cts 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 inter sted only in the results to be achieved, and the control of the
work will lie solely with Plumbing Inspector. Plumbing Inspector shall set its own hours
of work and the numbed of hours that it shall work to accomplish the purposes of this
Agreement.
PWOR AGREEMENTS SUPERSEDED
This Agreement stitutes the sole and only agreement of the parties to it, and
supersedes any prior union
erstandings or written or oral agreements between the parties
respecting this subject mtter.
TEXAS LAW TO APPLY
This Agreement s all be construed under and in accordance with the laws of the
State of Texas, and all Jobligations 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 o the United States District Court for the Northern District of
Texas, Fort Worth Divisi n.
PARTIES BOUND
This Agreement stcutors,
all be binding on and inure to the benefit of the parties to it and
eirs
their respective h , e administrators, legal representatives, successors, and
assigns.
MAILING ADDRESSES
All notices and c unications under this Agreement to be mailed or delivered
to the City shall be sent a follows:
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
4
Attention: Development Director
Telephone (817) 871-8901
All notices and ommunications under this Agreement to be mailed or delivered
to the Plumbing Inspecor and if applicable, the corporation, association, partnership or
any other non-governm ntal entity that employs said Plumbing Inspector shall be sent as
follows, unless and unti the City is otherwise notified:
PJ.umbing Inspector:
TX
O
Company:
G►
pD
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 igned counterpart shall be treated as an original for all purposes.
ATTEST: CITY OF FORT WORTH
RYC'rf �r-
i``i?{ ,/b ria Pearson, Cit ctetary Assistant City Manager
Approved as to form and legality: C r I -� I�- I
David Yett, City Attorney contrac j' Authorization►
NO
� I y
By: nato
ara, F llen ider
Assistant rty Attorney PLUMBING INSPECTOR
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Title: taf'r_• s._ ` '81.
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EXHIBIT "A"
ATTACHED TO AND MADE A PART OF AN
INSPECTION r CODE COMPLIANCE SERVICES AGREEMENT
A.1. Plumbing Inspector:
Name
Lcc-L ( )u 45U&8��n
Address
Ra�o e
Ag ,2*i .
i
Phone
A.2 Scope of Serviceg: Plumbing Inspection
A.3 Frequency: As Called/On Request
AA 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 fc-�- Statutory Limits of Worke s' 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, (incl de explosion/collapse/undergrotuid 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 or endorsement that you dc not want excluded. Determined by a review of the risk exposures) All endorsed
exclusions are subject to review of e 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 hi with appropriate title) to obtain such
coverage, the contract price shall be ad�lusted by the cost of the premium for such additional coverage plus 10%.
2. Automobile Liability Insuran e Policy
$1,000,000 each a on a combined single limit basis
or
$250,000 Property D ge
$500,000 Bodily Inju�y per person per occurrence
A commercial business polic} 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 Ea4h accident/occurrence
$100,000 Dilease -per each employee
$500,000 Di ease -policy limit
This coverage may be written�s 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 L14bility (EIL) &/or Pollution Liability
$2,000,000 to $5,000,000 per occurrence
$5,000,000 to$I 0,000,000aggTegate
1 Ins. Requirements
Revised August 2002
2. Professional Liability
The minimum insurance requirer ient for this line of coverage should be sufficient enough to coverage the completed
operations of the construction p oject. The Texas Statute of Repose, §§ 1608-9, of the Texas Civil Practice and
Remedies Code, requires a claim nt to bring suit for a defective or unsafe condition of an improvement to real property
or equipment attached to real pr perty, or deficiency in the construction or repair of an improvement to the property
within 10 years of substantial c mpletion. The statute applies to property damage, bodily injury, wrongful death,
contribution, or indemnity.
Errors & Omissions coverage is a integral part of the Professional Liability policy. The coverage protects the insured
against liability(financial loss) sh uld an error or an omission occur in the performance of his professional duties
Professional Liability limits shou be consistent with other requirements. The recommended minimum should be no
less than:
$1,000,000 peroccurrence
$2,000,000 aggregate
Policies,are to be written on an oc urrence basis or will provide a m.in.imutn of a five (5) year tail coverage for policies
written on a claims made basis. ubcontracto.rs 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 O ed Facilities
9. Miscellaneous Coverage and F�oaters/Riders
BONDS
Fidelity Bond-for honesty and faiVul performance of duties and for acts of dishonesty
Surety Bond—Guarantees the performance of another
Performance Bond—Guarantees th work to completion
GENERAL REQUIREMETNS &/or POLICY REQUIREMENTS
• The City of Fort Worth, its Officers, Employees and Volunteers shall be named as an Additional Insured.
Exception... the additional inst red 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 i
I of be canceled, limited in scope or coverage, cancelled or non-renewed, until after
forty-five (45) days p or 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.
2 Ins.Requirements.
Revised August 2002
• The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for workers'
compensation, all insurers st 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 nonwritten for specified 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 A 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 is claims-made and the
retroactive date. Thea&e coverage shall be maintained for the duration of the contractual agreement and for
five (5) years following coletion of the service provided under the contractual agreement or for the warranty
period, whichever is longer. annual certificate of insurance submitted to the City shall evidence such insurance
coverage.
• The deductible or self-insure retention(SIR) affecting required insurance coverage shall be acceptable to the Risk
Manager of the City of For: 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, coin 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, uon request and without expense, to receive copies of policies and endorsements
thereto and may make any re sonable 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 un erwriter on any such policies.
3 Ins.Requirements
Revised August 2002
City of Fort Worth, Texas
air t# Council
Co ERENCEN DATE MBER
LOG NAME
�PAG`E
1/16/01 *G-13127 �06ROGRAM 1 of
SUBJECT. AGREEMENT AND ORDINANCES ESTABLISHING THIRD PARTY PLUMBII
INSPECTION ROGRAM
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Maria r to enter into agreements with independent contractors for third par
plumbing inspectors to pe orm plumbing inspections within the City of Fort Worth; and
2. Adopt-the attached ordinaces which establish 10% as the amount retained for new constructic
building permits to cover thmaximum amount payable for third party plumbing inspection service:
and
3. Adopt the attached ordinances which establish 90% as the amount retained for all plumbing wor
permits, other than new construction, to cover the maximum amount payable for third part
plumbing inspection services; and
4. Adopt the attached appropil,iation ordinance increasing estimated receipts and appropriations in th;
General Fund by $115,00.0.
DISCUSSION:
On March 2, 1999 (M&C G-12 92), the City Council adopted ordinance amendments and directed stat
to implement a program allo#ng third party plan review and inspection services for the Building
Electrical, Plumbing and Mech nical Codes. This program was necessary to address heavy demand!
in building construction inspec ions, problems with recruiting and retaining qualified City staff, and t
better meet the special expertise or expedited schedules for various projects. At the time c
implementation}:the City wasexperiencing 30% of all inspection requests not being performed within 21
hours of the request, resulting 11 a decrease of productivity, construction delays and increased costs.:
The third party program allowed contractors and/or owners of projects to contract directly with plar
review or inspection firms to provide services normally delivered by the Development Department. Or
May 25, 1999 (M&C G-12568) the City Council authorized a waiver of 90% of the calculated building
electrical, plumbing or mechanical fees for projects managed by a third party firm. The collection a
10% by the City was .determined as the amount necessary to cover staff costs in quality control anc
record generation or managem nt.
On August 16, 2000,-the Texa State Board of Plumbing Examiners (Board) inquired into Fort Worth':
third party program to determine if the program was upholding the State Plumbing License Law anc
Board's rules. In particular, the Board had questions .regarding the employment relationship betweer
the City and the third party plumbing inspector and the method of payment for those services
Subsequent replies and comm nications with the Board resulted in the Board Administrator ruling tha
the Fort Worth third party plumbing inspection process was not meeting the requirements of thf
Plumbing License Law or the Board's rules. The matter was forwarded to the Board's Enforcemen
Committee for consideration orj September 28, 2000.
City of Fort. Worth, Texas
IvDaIjor ln�nd cogs."Cit communication
DATE REFERENCE JUMBER LOG NAME PAGE
1/16/01 **G_13127 06PROGRAM 3 of
SUBJECT AGREEIVIEN S AND ORDINANCES ESTABLISHING THIRD PARTY PUMBI,
INSPECTION PROGRAM
Favorable consideration by �he City Council for the third party plumbing inspection program- ar
structure will authorize staff to implement the program on February 6, 2001.
It should be noted that staff hs been working with the Safety and Community Development Committ-_
to change the structure and amounts of building permits.. Changes of fees and the percent waiver fc
third party inspection service will be recommended in the near future. At that time, the attache
ordinances will need to be amlended appropriately.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, funds will b
available, as appropriated, in the General Fund.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (t
:6:140 o)Mike GroomerCITY CO( INCI
Originating Department Bead:
Bob Riley 8901 (from) JAN 16 2001
Additional lnformation Contact:
city Secretary of the
CLty or Fort Worth,Texas
Bob Riley 8901
Aduted Ordinance
Adopted Ordinance No. �����8'S U0,