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HomeMy WebLinkAboutContract 29434 CITY SECRETARY CONTRACT NO. . 2Q CITY OF FORT WORTH PLUMBING INSPECTION AGREEMENT This Agreement made this IV day of 0e__C _ , 2003, between the City, of Fort Worth , (hereinafter referred to as the "City"), and 01 4 i ji �,�f� _ , (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 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, 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 r ' °r'� J� iOHIO YE111L 6�!� 5�Jk�.D 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. FORCE MA 0"'i 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. b. All work is to be performed in a professional and workmanlike manner; �N MAIL qqq'f 3 i'ti,+!iilt i I UMAe c. 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 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 c. �� i, RIC p��1 ��J'IrUU11 lICu;�'o Q �� 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: Pl ur 6mg InfectorX : �r Siff Company: O C3azuz 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 lona Pearso, City Secretary Assistant City Manager Approved as to form and legality: David Yett, City Attorney By-, Sarah Fullenwider Assistant City Attorney PLUMBING INSPECTOR Contract Authorization Name: Date Title:' /� is e �A e 14 a(,, til I "61 k, 5CITY (; [ k� r,�:;nn U .•n EXHIBIT "A" ATTACHED TO AND MADE A PART OF AN INSPECTION AND CODE COMPLIANCE SERVICES AGREEMENTr A.1. Plumbing Inspector: Name Address 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. F-01 .T WO R I 4:4 DEPARTMENT OF DEVELOPMENT THIRD PARTY INSPECTORS INSURANCE REQUIREMENTS 1. Commercial General Liability $1,000,000 per occurrence $2,000,000 aggregate 2. Business Auto $1,000,000 each accident on a combined single limit or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence 3. Worker's Compensation Statutory Limits Employer's Liability $100,000 each accident/per occurrence $100,000 Disease - per employee $500,000 Disease - policy limit 4. Errors & Omissions (a.ka.- Professional Liability) - may be included on the Commercial General Liability policy or purchased as a stand-alone policy. If purchased as an Excess policy, the certificate must state the inclusion of this coverage. $500,000 per occurrence and annual aggregate in force for five years from date of certification 5. Policy Endorsements ■ The City of Fort Worth, its officers, employees and volunteers named as Additional Insured. Exception: does not apply to Workers' Compensation policies ■ Thirty (30) days notice of cancellation or non-renewal ■ Wavier of Rights of Recovery (subrogation) in favor of the City ■ Insurers must be licensed or approved to do business in the State of Texas and have a minimum rating of A: VII in the current edition of the A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of the Risk Management Division of Finance City of Fort Worth, .Texas 4 PF J� y"Fitfor, And . =C.ouincil COMM U01,Ir.10-tion DATE REFERENCE NUMBER LOG NAME PAGE 1/16/01 **&.13127 06PROGRAM 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$115,00.0. 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: Thise 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 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 determine if the program was upholding the State Plumbing License Law and-­ Board's nd:-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 t he Plumbing License Law or the Board's rules. The matter was forwarded to th �` phi nt Committee for consideration on September 28, 2000. City ofFort.Worth, Texas 41jagor Find councit Comm, acA�am DATE REFERENCE NUMBER LOG NAME PAGE . 1/16/01 **G_13127 06PROGRAM 3 of 3 SUBJECT AGREEMENTS AND ORDINANCES ESTABLISHING 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. 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 ti Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 -- :..APPROVED , =- Originating Department Head: CITY COUNCIL Bob Riley 8901 (from) Additional Information Contact: ZE Bob Riley 8901 C9 Adopted Ordinance No, I`- H(lopted Ordinance No, /"-6/