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R-89-1320 - 8/24/1989AGREEMENT FOR STRUCTURAL INSPECTION SERVICES AGREEMENT made this 624 441 day of , 1982 between the City of Round Rock, a Texas municipal corporation, here- inafter 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: 1. The agreement shall be for a period of one (1) year, commencing on akko OC notice to the other party. Term , 1931, and may be terminated by either party by giving sixty (60) days written 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. 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 N0 /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 judgements against it arising out or the performance of its services under this agreement. HOT will assume no responsibility for losses 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 assignee or his legal represent- ative 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 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 for 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: 1 1L41 /I JOO NE LAND, Cit Secretary ATTEST: Rev. Date 9/5/86 Rev. Date 8/8/88 EXECUTED at Round Rock, Texas on the day and year first CITY OF ROUND ROCK MIKE ROBINSON, Mayor HOT INSPECTION SERVICES, INC. JOHN Q KONZE - President 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 renew the agreement engaging 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 on behalf of said City to renew an agreement to provide said services, said agreement being attached as Exhibit "A" hereto and incorporated herein for all purposes. RESOLVED this 24th day of August, 1989. ATTEST: E C- RS082489E LAND, City Secretary RESOLUTION NO. /3a O Q- MIKE ROBINSON, Mayor City of Round Rock, Texas DATE: August 21, 1989 SUBJECT: Council Agenda, August 24, 1989 ITEM: 12E. Consider a resolution authorizing the Mayor to renew the structural steel reinspection agreement with HOT, Inc. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Staff recommends that the structural steel Inspection Contract with HOT., Inc. be extended for one year. ECONOMIC IMPACT: This structural inspection is vital to health and safety of our citizens and the costs is provided by the owner of the building.