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R-93-06-10-9F - 6/10/1993Therefore, ATTEST: E LAND, City Secretary KS5FSOLUNRS06I03F RESOLUTION NO - DL - /0 9 r WHEREAS, 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 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 10th day of June, 1993. CHARLES CULPE :•E• -, Mayor City of Round Ro , Texas AGREEMENT FOR STRUCTURAL INSPECTION SERVICES AGREEMENT made this day of 1 9_, 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 , 19, 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 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 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: JOANNE LAND, City 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. 1HN Jr KON E''', 'President AGREEMENT FOR STRUCTURAL INSPECTION SERVICES AGREEMENT made this / 1 day of ,{,(Atx J . 19 93 , between the City of Round Rock, a Texas municipal corpor n, hereinafter referred to as "City" and HOT Inspection 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: TERMS 1. The agreement shall be for a period of one (1) year, commencing on , 199 3 , and may be terminated by either part 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 cents ($0.035) 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 $100,000.00 (One Hundred Thousand and No /100 dollars) for property damage and $500,000.00 (Five Hundred Thousand and No /100 dollars) 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 of or the performance of its services under this agreement. HOT will assume no responsibility for losses of any kind because of 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 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 the 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. written. ATTEST: ATTEST: EXECUTED at Round Rock, Texas on the day and year first above Rev. Date 9/5/86 Rev. Date 8/8/88 Rev. Date 6/9/93 CITY OF ROUND ROCK CHARLIE CULP Mayor HOT INSPECTION SERVICES, INC. HOT INSPECTION SERVICES, INC. Welding Consultants & Inspection Specialists Welding & Fabrication Inspection & Testing January 4. 1993 James R. Nuse, P.E City Of Round Rock Department of Public Works 221 E. Main Street Round Rock, Texas 78664 Dear Jim: The Structural Steel Inspection Contract that we have with the City Of Round Rock will expire on January 9. 1992. As previously agreed in Resolution No. 1148R, HOT Inspection Services would Ike to continue to offer it's service to the City at the same rate of three and one half cents per square foot. We are presently engaged in the inspection of the McNeil Labs expansion project under the current contract agreement. We are scheduled to start the Westinghouse expansion project on January 11, 1993. The structural steel inspection on both of these projects will not be completed before the contract expiration date of 1 -9 -93. Please consider our services as you have done in the past for another term, as we continue to assure that quality welding and structural steel erection is being built into projects here in Round Rock. A safe building environment is valuable to our com- munity as well as our children. I as well as my company take great pride in being a part of that contribution. Please give me a call if Herman or yourself has any questions. Attached is a contract agreement for execution if council renews the inspection contract. /ngc Attachment Copy: Herman Williams - Inspection Dept. MAILING: P.O. Box 1208 Round Rock, TX 78680 SHIPPING: 1411 Sam Bass Rd. Round Rock, TX 78681 (512) 244-2523 FAX: 244 -0607 STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: DATE: June 8, 1993 SUBJECT: City Council Meeting, June 10, 1993 ITEM: 9F. Consider a resolution authorizing the Mayor to enter into a renewal agreement with Heart of Texas, Inc. for structural steel inspections. H.O.T. Inspection has provided this service for several years and done an excellent job. Therefore, no proposed changes to this contract. Staff recommends continuing this agreement.