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*)