R-86-840 - 3/27/1986AGREEMENT FOR STRUCTURAL INSPECTION SERVICES
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AGREEMENT made this ✓ ` day of dap at, 1986, between
the City of Round Rock, a Texas municipal corporation,
hereinafter referred to as "City" and Heart of Texas Inspection
Services, hereinafter referred to -as "H.O.T. ".
■ .: Recitals •
The City has adopted the Southern Standard Building Code
(Code) and,pursuant to 'sai;d Code has the responsibility and
authority to inspect all construction' in the City to insure
compliance with the Code.
The City desires to engage the services of H.O.T. to assist
in the required building inspection and to render its services
on the terms and conditions provided in this agreement.
H.O.T. is engaged in the business of providing professional
inspection services, and desires to render its professional
services for the City as provided herein.
THEREFORE, the City hereby engages the services of H.O.T.,
and in consideration of the mutual promises herein contained,
the parties agree as follows:
Term
1. The agreement shall be for a period of one (I) year,
commencing on &GI.( /t / , 1986, and may be
terminated by either party by giving sixty (60) days written
notice to the other party.
Services
2. H.O.T. agrees to perform all structural steel
inspections required by the Code for new construction of steel
frame buildings two (2) stories or more and all steel frame
school buildings.
The items inspected may be amended from time to time by the
Southern Building Code Congress, by ordinance adopted by the
City Council or by rules, regulations or laws enacted by The
State of Texas.
H.O.T. agrees to make ail inspections in a prompt manner.
H.O.T. will maintain communication with City Officials on a
regular basis. The service will be rendered by (AWS) Certified
Welding Inspectors employed by H.O.T. This service will consist
of visual inspection of structure for compliance with applicable
codes.
d
Fees
3. For services.,to be ,rendered under this contract,
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H.O.T. shall be entitled to a fee of three and one -half (3.5)
cents per square foot of floor space for each inspection
performed which shall include one (1) reinspection. If upon
reinspection a portion of the construction inspected is not
approved, H.O.T. shall be paid a fee of FORTY DOLLARS ($40.00)
for the subsequent inspection of the construction not approved.
Insurance
4. H.O.T. shall be an independent contractor and not an
employee of the City under this agreement and shall maintain a
policy of liability insurance in the minimum amount of ONE
HUNDRED THOUSAND AND NO /100 ($100,000.00) for property damage
and FIVE HUNDRED THOUSAND AND NO /100 ($500,000.00) for bodily
injury, to cover any claims arising out of the performance of
its services under this agreement.
Indemnity
5. H.O.T. agrees and undertakes to indemnify the City
from any and all liability, loss, or damage the City may suffer
as a result of claims, demands, costs, attorney's fees, or
judgments against it arising out of the performance of its
services under this agreement.' H.O:T.' will - assume no
responhsibility for ,loses of any kind. due to H.O.T.'s
-
interpretation of the quality: of the material= submitted or
service performed.
Entire Agreement
6. This agreement supersedes any and all other
agreements, either oral or in writing, between the parties
hereto with respect to the subject matter hereof, and no other
agreement, statement or promise relating to the subject matter
of this agreement which is not contained herein shall be valid
or binding.
Assignment
7. Neither this agreement nor any duties or obligations
hereunder shall be assignable by H.O.T. without the prior
written consent of the City. In the event of an assignment by
H.O.T. to which the City has consented, the assignee or his
legal representative shall agree in writing with the City to
personally assume perform, and be bound by the covenants,
obligations, and agreements contained herein.
Successors and Assigns
8. Subject to the provision regarding assignment, this
agreement shall be binding on the heirs, executors,
administrators, legal representatives, successors, and assigns
of the respective parties.
Attorney's Fees
9. If any action at law or in equity is brought to
enforce or interpret the provisions of this agreement, the
prevailing party shall be entitled to reasonable attorney's fees
in addition to any other relief to which he may be entitled.
Governing Law
10. * The validity of this agreement and of any of its
terms or provisions as weir- as the. and duties of the
parties hereunder, shall be governed by the laws of the State of
v , 3 _ x 8 • ; ,
Texas, and al), obligations created hereunder''are,performable in
Williamson County, Texas.
Amendment
11. This agreement may be amended by the mutual
agreement of the parties hereto in a writing to be attached to
and incorporated into this agreement.
Legal Construction
12. In case any one or more of the provisions contained
in this agreement shall be any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other
provision thereof and this agreement shall be construed as if
such invalid, illegal, or unenforceable provision thereof and
this agreement shall be construed as if such invalid, illegal,
or unenforceable provision had never been contained herein.
above written.
ATTEST:
ATTEST:
EXECUTED at Round Rock, Texas, on the day and year first
JO NE LAND, City Secretary
Rev.Date 9/5/86
BY:
CITY OF ROUND ROCK, TEXAS
MIKE ROBINSON, Mayor
HEART OF TEXAS INSPECTION SERVICES
MS ag g artner
ATTEST:
J NNE LAND, City Secretary
RESOLUTION NO. f iloK
WHEREAS, the City Council has deemed it necessary to provide
structural inspections; and
WHEREAS, the City has requested proposals from various firms
interested in providing said inspection services; and
WHEREAS, the most favorable proposal was submitted by Akaitt
j , and
D WHEREAS, the City Council wishes to accept said proposal and
retain 1W €,a.A_ t JE ' Afra � , Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the proposal of 'MAUL d /,
is hereby accepted and the Mayor is here
by authorized and directed to execute a contract with �g/-�4.(� ��
J e-d for the provision of the needed structural
inspection services.
RESOLVED this 27th day of March, 1986.
MIKE ROBINSON, Mayor
City of Round Rock