R-92-1692 - 1/9/1992WHEREAS, the City of Round Rock has previously entered into an
agreement with Heart of Texas, Inc. for structural steel and
inspection services, and
WHEREAS, the City desires to renew said agreement, Now Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an extension and renewal of the structural steel
inspection services agreement with Heart of Texas, Inc., said
agreement being attached hereto and incorporated herein for all
purposes.
RESOLVED this 9th day of January, 1992.
ATTEST:
RS01092F
• RESOLUTION NO. /6 9 ,€/
LAND, City Secretary
MIKE ROBINSON, Mayor
City of Round Rock, Texas
AGREEMENT FOR STRUCTURAL INSPECTION SERVICES
AGREEMENT made this 1; day of
, 19
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:
Term
1. The agreement shall be for a period of one (1) year,
commencing on nj 6V n
YLUL _.. 1 , 19! 9\ and may be
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.
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
a
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
a
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:
ATTEST:
NE LAND,
Rev. Date 9/5/86
Rev. Date 8/8/88
EXECUTED at Round Rock, Texas on the day and year first
ity Secretary
CITY OF ROUND ROCK
MIKE ROBINSON, Mayor
HOT INSPECTION SERVICES, INC.
a
DATE: January 7, 1992
SUBJECT: City Council Meeting, January 9, 1992
ITEM: 10F. Consider a resolution authorizing the Mayor to enter into an
agreement with Heart of Texas, Inc. for Structural Steel
Inspection.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
Annually the City has entered into Structural Steel Inspection Services as called for in
the City Code. Heart of Texas Inspection has been providing these services and staff
recommends continuation.
ECONOMIC IMPACT:
The fee for this service has not increased and costs are covered by the applicant at building
permit time.
p uoiu d -oi°
/O r o,
1411 :Sa/n/► /Zr/24
00
Dear U Ll I`orvy.•'
Resolution No.I(ggajei was approved by the Round Rock City
Council on c q 1 r-
J
The enclosed copy of the resolution and t are
for your files. If you have any questions, please give
us a call.
Sincerely,
Christine Martinez
Assistant City Secretary
CM /km
Enclosure