HomeMy WebLinkAboutContract 29711 DTY SECRETARY
r ^ACT NO.
CITY OF FORT WORTH
PLUMBING INSPECTION AGREEMENT
This Agreement made this day of RVIrC A , 2004, between the City of
Fort Worth (hereinafter referred to as the"City"), and Phil Blakely
(hereinafter referred to as the "Plumbing Inspector").
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 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 compliance with the applicable City of Fort Worth Code or Codes.
When requested by the City, the Plumbing Inspector shall (1) conduct on-site
inspections for Code compliance, and (2) provide review of pl ,, ,
designs, developments, reports, studies, surveys, data, etc. prepare by r__6b' o �`e
other than the Plumbing Inspector and submitted to the Plumbing s toi;_�b i '''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 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.
AMENDMENTS TO AGREEMENT
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 AND LIABILITY
FOR ANY CLAIM OR ACTION BASED ON OR ARISING OUT OF INJURIES, INCLUDING DEATH,
TO PERSONS OR DAMAGES TO OR DESTRUCTION OF PROPERTY, SUSTAINED OR ALLEGED
TO HAVE BEEN SUSTAINED IN CONNECTION WITH OR TO HAVE ARISEN OUT OF OR
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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. The City of Fort Worth shall be shown as an additional insured on said policies
of insurance.
FORCE MAJEURE
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.
WARRANTIES
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 Plumbing Inspector
shall be currently licensed plumbing inspectors.
c. All work is to be performed in a professional and workmanlike manner;
d. The Plumbing Inspector agrees to and represents that it will not in any fashion
discriminate in the provision of Services against any p prr.bccau&e o Fa e,
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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 lie 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
Attention: Development Director
Telephone (817) 392-8901
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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:
Phil Blakely, Graham Marcus, Inc.
1000 Jupiter Rd, Suite 800
Plano, TX 75074
Company:
Graham Marcus, Inc.
1000 Jupiter Rd, Suite 800
Plano, TX 75074
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: CITY OF FORT WORTH
4(
% }City ecretary Assistant City Manager
Approved as to form and legality: 1 �� !
David Yett, City Attorney Contract Authorization
Date
Sarah Fullenwider
Assistant City Attorney PLUMBING INSPECTOR
Name: Phil Blakel
Title: InspectQL
V ,'.
EXHIBIT "A"
ATTACHED TO AND MADE A PART OF AN
INSPECTION AND CODE COMPLIANCE SERVICES AGREEMENT
A.1. Plumbing Inspector: Phil Blakely
Name
1000 Jupiter Rd, Suite 800
Address
Plano, TX 75074
469-241-1834
Phone
A.2 Scope of Services: Plumbing Inspection
A.3 Frequency: As Called/On 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.
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City of Fort Worth, Texas
"Ayor And Council Communication
DATEI REFERENCE NUMBER LOG NAME PAGE
1/16/01 **G-13127 06PROGRAM 3 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 G-12568), the City Council authorized
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a waiver of 90% of the calculated building, electrical, plumbing or mechanical fees for
projects managed 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 deterrriine 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 inspector and
the method of payment for those services. Subsequent replies and communications with
the Board resulted in the Board Administrator ruling that the Fort 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 staff attended the Enforcement Committee meeting in September 2000, and it was
determined that a contractual agreement similar to those with other jurisdictions might
address the Board's concerns of employment and compensation. A draft agreement
between the City and individual plumbing inspectors was submitted to the Board on
November 8, 2000, and discussed at their November 13, 2000 meeting. Following the
hearing, the Board's attorney relayed to -the City that minor changes to the agreement
would make the contract acceptable to the Board. A revised agreement was submitted to
the Board on December 8, 2000.
The proposed agreement makes each third party plumbing inspector an independent
contractor of the City and restructures the method of payment for those inspection
services. The City will collect, at the time of permitting issuance, a percentage of the total
building permit for the plumbing portion of a project. Upon completion of plumbing
inspections by the third party inspector and invoicing of those services, the City will issue
payment for the services rendered.
On December 22, 2000, the Board Administrator communicated that the Board's
Enforcement Committee, Board staff and the Board's attorney had reviewed the Plumbing
Inspection Agreement submitted on December 8, 2000. The Board's attorney advised the
Board that under the revised agreement, the relationship between the Licensed Plumbing
Inspectors and the City of Fort Worth, along with the method for compensating the
Licensed Plumbing Inspectors, does not violate the Plumbing License Law or Board rules.
In order to begin implementation of the restructured third party plumbing inspection
program, it is necessary to authorize the City Manager to enter into agreements with each
third party plumbing inspector as independent contractors. A copy of the proposed
Plumbing Inspection Agreement is attached.
Additionally, it is proposed to withhold 10% of all building permit fees for related plurnbing
inspection services for each new construction project. In the case of remodeling projects
or jobs with only plumbing work, the City will collect the entire plumbing permit fee of
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which 90% will be returned as payment for inspection services. These collections will
equal the maximum amount payable to the third party plumbing inspector for services
rendered. It is estimated that for the remainder of the fiscal year, collection for the new
construction projects would be $105,000, and collections for the plumbing permit only
projects would be $10,000. Attached are the necessary ordinance amendments to
facilitate this collection.
In order to manage the collections, invoicing and issuance of payments for the third party
plumbing inspection program, it is estimated that one additional authorized position and
associated office supplies and equipment will be needed. The annual impact on the
General Fund budget is estimated to be $43,000. The present implementation of this
program will be handled as an overage and more clearly identified in the proposed
FY2001-2002 General Fund budget once actual impact can be determined.
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.
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 INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, funds
will be available, as appropriated, in the General Fund.
MG:k
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140
Originating Department
Head:
Bob Riley 8901 (from)
Additional Information
Contact:
Bob Riley 8901
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