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R-98-05-14-10E6 - 5/14/1998RESOLUTION NO. R -98-05-14-10E6 WHEREAS, the City of Round Rock has previously entered into an agreement with Heart of Texas (HOT) Inspection Services, Inc. for structural steel 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 Agreement for Structural Inspection Services with Heart of Texas (HOT) Inspection Services, Inc., said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 14th day of May, 1998. ATTEST: E LAND, City Secretary K:\WPDOCS\RESOLUTI\R80514E6.WPD/scg CHARLES CU/495E R, Mayor City of Round Rock, Texas AGREEMENT FOR STRUCTURAL INSPECTION SERVICES Litin AGREEMENT made this i1 `1 - day of d-(--/— Q . 19 1 between the City of Round Rock, a Texas municipal corporation, hereib after 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 or years, commencing on mAy /Li , 199 8' , 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 inspections and bolting inspections of each structure for compliance with the 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 pertormance 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: EXECUTED at Round Rock, Texas on the day and year first above •iiiiii' `I ANNE LAND, City Secretary ATTEST: CITY OF ROUND ROCK CHARLIE CUeRI ER, Mayor HOT INSPECTIO-SERVICES, INC. Rev. Date 9/5/86 Rev. Date 8/8/88 Rev. Date 6/9/93 Rev. Date 2/8/96 Rev. Date 1/2/98 DATE: May 8, 1998 SUBJECT: City Council Meeting - May 14, 1998 ITEM 10.E.6. Consider a resolution renewing the Structural Steel Inspection Agreement with Heart of Texas Inspection Services. Heart of Texas Inspection Services has provided this service for the past 11 years. Staff recommends extending this agreement for an additional year. Staff Resource Person: Jim Nuse, Public Works Director.