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HomeMy WebLinkAboutRES 880257RESOLUTION NO, A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF GEOR�ETOWNv TEXAS, AND STEGEF AND BIZZB-L, INC. AUTHORIZING AN AGREEMENT FOR BASIC SERVICES AS NEEDED, AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME" WHEREAS; the City of Georgetown, Texas, is the major distributor of water within its corporate limits; and WHEREAS; the City Council finds that safe and efficient distribution of water is essential to the operation of the City's Public Works Departmentg and WHEREAS, Steger and BizzeIl, Inc. and the City of Georgetown desire to enter into an agreement for basic services as needed and authorizing the Mayor to execute the same; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: Section I. That the City Council find the recitals set forth above are true and correct and are incorporated herein~ Section II. That the City Council approves the agreement between the City of Georgetown and Steger and Bizzell, Inc., for basic services as needed; and authorizing the Mayor to execute the same' which is attached hereto and incorporated herein as if fully set forth at length. Section III. That the Mayor is hereby authorized to execute the Contract Documents and City Secretary to attest. PASSED AND APPROVED this _~ _~ day of ; 1988. APPROVED ..... ... _��_~____�________ STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT FOR ENGINEERING SERVICES Agreement betweenCity • .• • and Steger & Bizzell, Inc. This a _ entered executed this t a� r. �, 1 .. i 1 ±!,� r.� . .. between hereinafterCity of Georgetown, h a.7ter called the "CITY" and Steger & Bizze i the "ENGINEER". In consideration of the covenants and agreement's herein contained, the parties a a mutually agree as follows: k statedENGINEER agrees to perform professional engineering services in connection with authorized assignments from CITY. The CITY Agrees to pay ENGINEER compensation as in the Article V. of agreement fa performance of those authorized services. ENGINEER understands and agrees that this is not an exclusive services contract, ! that the City may retain other engineers i. perform other services and tasks that the City may request. ARTICLE II. The term of r from date of • of by CITY i ENGINEER until19 Upon receipt of written authorization from CITY, the ENGINEER shall perform engineering services in accordance with the terms of the written authorization. Those services include, but are not limited to: investigations, studies, reports, reviews, designs and consultations. Authorization for work under this Agreement shall be effective when issued and signed by the Director of Public Works. ENGINEER agrees to perform services requested by CITY within the time prescribed in CITY'S authorization. In the event ENGINEER is unable to perform services within the time requested, ENGINEER shall promptly notify CITY of the mature of delay. In no event shall any delay of ENGINEER exceed 15 days. The CITY agrees to assist the ENGINEER by providing the following for each assignment: A. Designate, in writiug,-a person to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive information, and interpret and define' CITY'S policies and decisions with respect to the ENGINEER'S services for each assignment. M. Assist the ENGINEER by placing at the ENGINEER's disposal pertinent information, including previous reports and any other data relative to design or construction that the CITY has available at the time of assignment. C. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents -presented by the ENGINEER; obtain Advice of an attorney, insurance counselor and other consultants, as the CITY deems appropriate, and render, in writing, decisions pertaining thereto within a reasonable time so as not to delay the services of the ENGINEER. ARTICLE V. The CITY agrees to pay the ENGINEER for all professional services rendered under this Agreement as follows: Page 2 of 8 Engineering Agreement/Steger & Bizzell The ENGINEER shall be paid a fee based on one of the rates of compensation as evidenced f ExhibitSchedule of Charges, which is attached hereto an incorporated herein as if fully set forth at length4 The parties agree that upon Authorizationfor - * shall notifyof election to be compensated under one of the provisions of Exhibit A* The ENGINEER shall submit requestsfor payment based on work performed. Inv ices w ill not be submitted more frequently• ! i acceptance of work submitted i an invoice,to make paymentr:.ys of date x of - x t of t In no event shall CITY pay fornot performed. invoiceIn the event CITY fails to make payment within 45 days from receipt of any r fails to notify ENGINEER the reasonfor a R. w after giving seven days written notice to CITY, suspend services until ENGINEER has been e. a: in full all amountsdue for• - e incurred. charges ARTICLE VI. XMIZIMKI When requested by CITY, ENGINEER will furnish . written opinion of probable construction • of a but does not guarantee - accuracy of such studies,Opinions of probable construction cost, financial evaluations, feasibility economic .a.lyses of a • and utilitarian considerations of operations and maintenance cost prepared r _ ENGINEER will x .r. on basis of [ r qualifications, a will represent ''s reasonable judgement as a design professional. It 18 rec• o however, . does not . control over others a..: over market conditions or • •rs' methods of determining their prices, and utilitarian that any evaluation of any facility to be constructed or e to be performed on the basis of the report must, of necessity, be speculative until completion of its detailed design. Accordingly, the ENGINEER does not guarantee that proposals, bids, or actual costs will notfrom opinions,or or studiesr • by - ENGINEER to the CITY. All documents prepared • -r R the ENGINEER and a^a-aaassociates and consultants pursuant to this Agreement are instruments 'm Ou- service, and the ENGINEER shall retain an ownership and property interest therein. Any such verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the CITY and ENGINEER. The CITY may make and retain copies for information and reference; however, such documents are not intended or represented to be suitable for re -use by the CITY or others. Any re -Use by the CITY or by those who obtained said documents from the CITY without written verification or adaptation by the ENGINEER will be at that party's sole risk and without liability or legal exposure to the ENGINEER, or to the ENGINEER's independent associates or consultants. ARTICLE VIII. The parties agree that ENGINEER shall be deemed to be an independent engineer/contractor and not an agent or employee of the City with respect to its acts or omissions hereunder. The parties agree that the services and activities performed under this Agreement are not and shall not be construed as a joint venture between the parties. The ENGINEER agrees to indemnify and hold harmless the CITY, its offic agents, representatives, and employees from liability, suits, claims, and causes of action on account of any damages, including court costs and all reasonable attorney fees, incurred by any person(s) or property proximately caused by the intentional or negligent acts or omissions of the ENGINEER or its officers, agents, or employees that results from the execution, operation, or performance of the activities and duties under the Agreement or damage incurred to the City, its officers, agents, representatives, and employees from the reliance upon documentation supplied by ENGINEER for services requested under this Agreement. The CITY shall indemnify and hold harmless the ENGINEER. its officers) agents, and employees from the liability on account of any injuries or damages received or sustained by any person or persons or property, including court costs and reasonable attorney fees, incurred by the ENGINEER proximately caused by the negligent acts or omissions of the CITY or its officers, agents, or employees in the performance of this agreement'. In the event of liability from suits, actions or claims arising out of or tecasioned by the negligence of both, the ENGINEER and the CITY, their Page 4 of 8 Engineering Agreement/Steger & Bizzell agents or employees, in the performance of this Agreement, each party shall contribute toward the satisfaction of the liability its proportionate share, which share shall be equal to the percentage of negligence found to be attributable to the party. ENGINEER, at its own expense, shall obtain and keep in force during the term of this agreement, public liability insurance, as will protect ENGINEER and CITY from and against all liability for claims arising out of ENGINEER's performance of services under this agreement. Such insurance shall be issued by a company authorized to do business in Texas, and shall be of sound and adequate financial responsibility. The type and minimum limit of insurance is as follows: Comprehensive General 110 Minimum Limit loam Combined Single Limit Coverage for Bodily Injury and Property Damage, on a Per -Occurrence or Claims Made Basis Statutory Limits The insurance policy(s) shall be subject to the examination and approval r" the City Attorney for their adequacy and content as to protection and nam insurance company. ENGINEER shall furnish to CITY certificates insurance within thirty (30) days of execution of this Agreement. Su certificates shall state that insurance shall not be cancelled materially changed without a minimum of thirty (30) days advance in writi to the CITY. A,copy of the insurance certificate will be kept on file wi the City Secretary. Insurance required under this Agreement shall be primary insurance and not contributing with any other insurance available to City under any "third" party liability policy. CITY shall be named an additional insured or insured, as its interest may appear. Page 5 of 8 Engineering Agreement/Steger & Bizzell ARTICLE X. e � � eventThe obligation to provide services under this Agreement may be terminated by either party upon thirty (30) days written notice to the other party. In the of termination,be paid only • services rendered and reimbursable expenses incurred up to the date of notice of termination, notwithstanding any election to be compensated in a different manner, `:. 4T111VOK4 consentENGINEER shall not assign, sublet or transfer any rights under or interest in this Agreement without the written of the CITY, except that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary) in any written consent to an assignment, no agreement will release or discharge the assignor fr! duty or ! • Iility Under this Agreement. Nothing contained in this paragraph shall prevent the ENGINEER from employing such independent associates and consultants as the ENGINEER may deem appropriate to assist in the performance of i' Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the CITY and ENGINEER, and all duties responsibilities undertaken pursuant to this Agreement will be for the sole ani exclusive benefit of the CITY and ENGINEER and not forbenefit of party. A. Notice as required by this Agreement shall be in writing delivered to the parties as follows. City Manager P. 0. Bax 409 Georgetown, Texas 78627 1978 Austin Ave. Georgetown, Texas Y...ge . .: t Engineering 1 Bizzell The paragraph headings contained herein are for convenience only and are not intended to define or ••- of provision C. Interpret Contract Fairly: Although this Agreement is drafted by CITY, should any part be in dispute, the parties agree that the Agreement shall not be construed more favorably to either patty. In the event of breach of this Agreement, venue for of action shall be instituted •' . •. maintained in WilliamsonCounty, The CITY and ENGINEER and their partners, successors, executors, administrators are hereby bound to the terms and conditions of this Agreement. F. Entire Agreement constitutesThis Agreement and Any exhibits thereto between the CITY and ENGINEER and supersedes All prior written or oral understandings. This Agreement maonly be amended, supplemented, modified or -r by duly executed written instrument. Page 7 of Engineering Agreement/Steger a Bizzell IN TESTIMONY HEREOF, the parties have executed this Agreement, this day of , 1988. The City of Georgetowl CITY By: Robert Gaylor, City Manager I Azz'��ZI/v411/11W ��Iw--L- Diane-'Cal-Diuder, City Attorney STATE OF TEXAS Steger & Bizzell, Inc. ENGINEEIZ BE Title: This instrument was acknowledged before me on this the day of $ 19 , by Robert Gaylor, City Manager of the City of Georgetown. 13 M-. aqw-Im Printed name: Commission expires: STATE OF TEXAS This instrument was acknowledged before me on this the 1988, by liffie;M7016 11INS Me W Printed name: Commission expires: Page 8 of 8 Engineering Agreement/St8ger & Bizzell almaR�� Principal/P.E. P. E. Engineer -in -Training Registered Public Surveyor Technician Draftsman Field Surveying Reproduction and other required expenses $60400 per hour 50.00 per hour 45.00 per hour 45.00 per hour 40.00 per hour 35.00 per hour 70.00 pet hour At Cost Compensation for basic services as a percentage of construction cost such cases, the actual Percentage agreed to will be selected in accordance with the guidelines and recommendations contained in "A Manual of Practice for Engaging the Services of a Consulting Engineer**, by Consulting Engineers Council of Texas and Texas Society of Professional Engineers, 19824 (Payment based on Percentage of Construction Cost must be speed in the Agreement to be applicable.) Compensation for basic services by A fixed lump sum payment may be agreed to by both parties to this agreement, for certain assignments. In such cases, the' actual fixed payment agreed to will be selected in accordance with the guidelines and recommendations contained in "A Manual of Practice for Engaging the Services Of a Consulting Engineer", by Consulting Engineers Council of Texas and Texas Society of Professional Eugineers, 1982. (Payment for Fixed Lump Sum Payment must be specified in the Agreement to be applicable*)