R-88-1148 - 8/11/1988AGREEMENT FOR STRUCTURAL INSPECTION SERVICES
AGREEMENT made this I1 day of _, 1988,
between the City of Round Rock, a Texas municipal corporation,
hereinafter referred to as "City" and HOT Inspections Services,
Inc., a Texas corporation, hereinafter referred to as "HOT ".
Recitals
The City has adopted the Southern Standard Building Code
(Code) and pursuant to said 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 HOT to assist
in the required building inspection and to render its services on
the terms and conditions provided in this agreement.
HOT 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 HOT 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 (1) year,
0/ , 1988, and may be
commencing on
terminated by either party by giving sixty (60) days written
notice to the other party.
Services
2. HOT agrees to perform all structural steel
inspections required by the Code for new construction of steel
frame buildings as per City Ordinance adopted by City Council.
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.
HOT agrees to make all inspections in a prompt manner.
HOT will maintain communication with City Officials on a regular
basis. The service will be rendered by (AWS) Certified Welding
Inspectors employed by HOT. This service will consist of visual
inspection of structure for compliance with applicable codes.
Fees
3. For services to be rendered under this contract, HOT
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.
r F .
Insurance
4. HOT 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 DOLLARS ($100,000.00) for property
damage and FIVE HUNDRED THOUSAND AND NO /100 DOLLARS
($500,000.00) for bodily injury, to cover any claims arising out
of the performance of its services under this agreement.
Indemnity
5. HOT 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 or the performance of its services under
this agreement. HOT will assume no responsibility for loses of
any kind due to HOT'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 Hot without the prior written
consent of the City. In the event of an assignment by HOT to
which the City has consented, the assigneeor 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 entit 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 well as the rights and duties of the
parties hereunder, shall be governed by the laws of the State of
Texas, and all 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 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
provisions thereof and this agreement shall be construed as if
such invalid, illegal, or unenforceable provision thereof has
never been contained herein.
above written.
ATTEST:
Jo'
ATTEST:
EXECUTED at Round Rock, Texas on the, day and year first
LAND, City Secretary
Rev. Date 9/5/86
Rev. Date 8/8/88
CITY OF ROUND ROCK -
MIKE ROBINSO
Mayor
, ayor
HOT INSPECTION SERVICES, INC.
WHEREAS, the City of Round Rock is responsible for the
inspection of all construction in the City to insure compliance with
the Southern Standard Building Code, and
WHEREAS, the City Council of Round Rock desires to engage the
services of Heart of Texas Inspection Services to assist in the
required building inspections, and
WHEREAS, Heart of Texas Inspection Services has submitted an
agreement regarding said inspection servicing, Now Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of said City an agreement to provide said services, said
agreement being attached as Exhibit "A" hereto and incorporated
herein for all purposes.
RESOLVED THIS / / day of August, 1988.
ATTEST:
NE LAND, City Secretary
C28RESHOTS
RESOLUTION NO. //
MIKE ROBINSON, Mayor
City of Round Rock, Texas
AGREEMENT FOR STRUCTURAL INSPECTION SERVICES
ST
AGREEMENT made this _ _ day of ,416 r O - 1966. 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 said Code has the resoonsioility 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
'- ,.l.nsoectien services, and desires to render it9 orofessional
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:
1. The agreement shall be for a pj
Term
commencing on GLGGCI
terminated by either party by giving
notice to the other party.
one (1) year,
and may be
(60) days written
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 ana all steel fr,•srne
school buildings.
The items inspected may oe 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 all inspections in a prompt mariner.
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.r. This service will consist
of visual inspection of structure for compliance with apolicaole
codes.
Fees
3. For services to be rendered under this contract,
H.O.T. shall be entitled to a fee of three and one -half (3.5)
cents per square foot of Floor space For cacn inspection
performed which snail include one (1) re IF upon
reinspection a portion of the construction inspected is not
approved, H.O.T. snail 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 (5.100,000.00) 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 aamaor_ the itv 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.U.T. will assume no
responhsibility for loses of any kind due to H.O.T.'s
interpretation of the gualii.y of the material suomitted or
service performed.
Entire Agreement
6 . T h i s agreemern_ supersedes any and e 1 1 other
agreements, either oral or in writing, oetween the parities
hereto with respect to the subject matter nereof. and no other
agreement, statement or promise relating to the subject matter
of this agreement which is not contained nerein shall be valid
or binding.
Assignment
7. Neither this agreement nor any duties or obligations
hereunder shall be assignable by H.O.T. witnout 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 reg,araina 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 aareemenc, the
prevailing party shall be entitled to reasonaole 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 well as the rights and duties of the
parties hereunder, shall be governed by the laws of the State of
Texas, and all obligations creates hereunder are performaoie 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 more oF the provisions contained
in this agreement shall be any reason be held to he invalid,
illegal, or unenforceable in any respect. such invalidity.
illegality, or unenforceability shall not affect any otner
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.
4'
ATTEST:
ATTEST:
EXECUTED at Round Rock. Texas. on tree day and year firt
'above written.
JO NE LAND, City Secretary
Rev.Date 9/5/86
, BY:
CITY OF ROUND ROCK. TEXAS
. 2; 1 N ( J-• U/L4„'
MIKE ROBINSON. Mayor
HEART OF TEXAS INSPECTION SERVICES
DATE: August 8, 1988
SUBJECT: Council Agenda,'August 11,'1988°
ITEM: 11F. Consider a resolution authorizing the Mayor to enter
into a renewal contract with Heart of Texas for structural
steel inspection.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION: Beginning in August of 1986, the City has required
structural steel inspection for steel frame schools,
steel churches and buildings with clear spans
of 24 feet on the narrow side, and having a total
floor area in excess of five thousand feet. In
1986, several inspection firms were interviewed
for this service and HOT Inspection Service was
chosen. Since that time they have performed
good service and have not requested any price
increases. Therefore, Public Works recommends
that the inspection contract for structural steel
be renewed for the period of one year of Heart
of Texas Inspeection Services.
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