HomeMy WebLinkAboutContract 29651 CITY SETARY
CONTRACT NO.
CITY OF FORT WORTH
PLUMBING INSPECTION AGREEMENT
This Agreement made this day of , 200J, between the
city of Eort Worth (hereinafter referred to as the "City'), and
(k , (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,
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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 ARIS T 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. 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 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.
b. All work is to be performed in a professional and workmanlike manner;
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�Y
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C. The PIumbing 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
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Attention: Development Director
Teldphone(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:
Plumbin pector:
C mpany:
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
City Secretary Assistant City Manager
Approved as to form and legality: Cor r_r ;. y
David Yett, City Attorney a 1`�pr i z at i on
Daze
$y C.
Sarah Fulgit�yvAttorney
der
-Assistant PLUMBING INSPECTOR
Name:^ ! f _
Title: Vl eG
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EXIMIT "A"
ATTACHED TO AND MADE A PART OF AN
INSPECTION AND CODE COMPLIANCE SERVICES AGREEMENT
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.
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` 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 Game
a few. Statutory Limits of Workers' Compensation is applicable for sll 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 butnot be limited to the following: 'premises operations, independent contractors,
products/completed operations, (include explosion/collapse/underground property if applicable), personal injury, and
contractual liability, Insurance shall be provided on an ocewrence basis, be as comprehensive as the c=ent Insurance
Services Office (ISO) policy. (Sudden pollution coverage may not be.excluded by endorsernent. Include as a requirement
of the line or 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. Autrnnobile 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 "Airy Auto", defined as autos owned, hired and non-
owned.
1 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 Emits consistent with statutory benefits outlined
in the Texas workers' Compensation Act (Art. 8308 — 1.01 at 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 EM and Professional Liability limits are mentioned
because they are frequently required.
1. Environmental Impairment Liability(SIL) Wor Pollution Liability
$2,000,000 to$5,000,000 per occurrence
$5,000,000 to$I 0,000,000aggregate
1 Ins:Requirements
Revised August 2002
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i
2. Professional Liability
The rniaimum 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, §§ 1608-4, of the Texas Civil Practice and
Remedies Code,requires a claimant to bring suit for'a defective or unsafe condition of as improvement to real property
or equipment attached to real property, ordeficiency in the construction or repair of an improvement to the property
within 10 years of substantial completion. The statute applies to property darnage, 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
leas than:
$1,000,000 per occurrence
52,000,000 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
S. Lessee)Tenartt User of City Owned Facilities
9. Miscellaneous Coverage and Floater&Mders
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 REQUIREMETNS&/or POLICY REQ=MENTS
• 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 non-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. .
2 Ins.Requirements.
Revised August 2002
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Z
• The insurers for all policies must be licensed/approved 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 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 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 is 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 deductfl)le 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.
3 Ins.Requirements
Revised August 2002
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City of.,Foil Worth, Texas
W )MU"Itation
DATEREFERENCE NUMBER BOG NAME PAGE•
1/16/01
**G-13'�27 06PROGRAM 1 of 3
suauEcT. 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 ail plumbing work
r 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 Clty Council.adopted ordina'nce'.amendments and,directed staff_
to Implement a..program allowing third, party plan review.and inspection, services for the Bullding,_-
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-12588), the City Council authorized a waiver of 90% of'the calculated building,
electrical, pluinbing or mechanical fees for projects tnenaged by a third party firm. The collection of.
10%-by the City was.determined as the amount necessary to cover staff costs In control and
record generation or -
On August 16, 2000,-the Texas State Board of Plumbing Examiners .(Board) Inquired into Fort Worth's'
third party progritn.to determine If the program was upholdirig 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•fhQ
Plumbing License Law or the Board's rules. The matter was forwarded to the Board's Enforcement
Committee for consideration on September 28, 2000.
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City of Fort-Worth, Texas
� AOY A1�d
DATE REFERENCE NUMBERLOG NAME
1/16/01 **G-1312706PROGRAM 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 a, 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 INFORMATIONICERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, funds will be
available, as appropriated, in the General Fund.
MG*
Submitted for City Maaager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
OMce by: ((o)
:. APPROVED .
Mike Groomer 6 t 40 CITY .�p
Ortglnating Department Readi UNCIL-
Bob Riley ' 9901 (from) JAN
Additlonal Information Contact- ' 'u., ,
13obRltey � 8901
City of Fon of of
Wofthh,T�eazn
Adopted Ordinance No. Adopted Ordinanci; No./ �