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HomeMy WebLinkAboutResolution - 6463 - Contract - Black And Veatch Inc.- Water Distribution System Master Plan - 08/12/1999Resolution No. 6463 Aug. 12, 1999 Item No. 82 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract between the City of Lubbock and Black and Veatch, Inc. of Dallas, Texas to complete a Water Distribution System Master Plan, and any other related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 12th day 'August 1 9. WINDY SI , MAYOR APPROVED AS TO CONTENT: 2 rerrylller6rook. Managing Director Water Utilities APPROVED AS TO FORM: M. Knight` Assistant City Attefeey cp CcdocsBlack&Veatch.Res August 3, 1999 Resolution No. 6463 ENGINEERING SERVICES AGREEMENT August 12, 1999 Item No. 82 This Agreement, effective August 12, 1999 , is between CITY OF LUBBOCK (CLIENT) and BLACK & VEATCH CORPORATION (ENGINEER). ENGINEER shall perform the services described in attached Exhibit A --Scope of Services (Services) and shall be paid in accordance with attached Exhibit B --Compensation. CLIENT shall be responsible for the items described in attached Exhibit C --Information & Work to Be Provided by City. 1. ENGINEER warrants that it shall perform the Services in accordance with the standards of care and diligence normally practiced by recognized engineering firms in performing services of a similar nature. If, during the six month period following the earlier of completion or termination of the Services it is shown there is an error in the Services caused by ENGINEER's failure to meet such standards, and CLIENT has promptly notified ENGINEER in writing of any such error within that period, ENGINEER shall perform, at ENGINEER's cost, such corrective engineering services within the original Scope of Services as may be necessary to remedy such error. 2. If the Services involve the purchase of machinery, equipment, materials or services from others, then ENGINEER shall purchase such items on behalf of CLIENT and as CLIENT's agent. ENGINEER shall, for the benefit of CLIENT, request from all vendors, subcontractors and contractors from whom ENGINEER procures such machinery, equipment, materials or services for the Services, guarantees with respect to such machinery, equipment, materials and services. Such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ENGINEER's liability with respect to such machinery, equipment, materials, and services shall be limited to procuring guarantees on CLIENT's behalf from such vendors, subcontractors or contractors and rendering all reasonable assistance (excluding litigation and dispute resolution) to CLIENT on a reimbursable cost basis for the purpose of enforcing the same. 3. ENGINEER shall maintain in force, during the period that Services are performed, workers' compensation insurance over ENGINEER's employees who are engaged in the Services and employer's liability insurance with a limit of $500,000 each occurrence. ENGINEER also shall maintain commercial general liability and automobile liability insurance policies each with combined single limits of $1,000,000 per occurrence, and professional liability insurance with an aggregate limit of $1,000,000. A waiver of subrogation will be applied to all insurance policies except the professional liability policy. The City of Lubbock shall be an additional insured on the automobile and general liability policies. 4. ENGINEER shall indemnify CLIENT against any and all claims, demands and causes of action for bodily injury to or death of persons or for damage to or destruction of property (other than property of CLIENT or construction work in progress, for which CLIENT shall have responsibility) resulting from any and all negligent physical acts of ENGINEER while at CLIENT's facility. 5. In performance of the Services, it is understood that ENGINEER may be supplied with certain information and/or data by CLIENT and that ENGINEER will rely on such information. It is agreed that the accuracy of such information is not within ENGINEER's control and ENGINEER shall not be liable for its accuracy, nor for its verification. 6. CLIENT may, with or without cause, terminate the Services at any time upon ten working days written notice to ENGINEER. In such case, ENGINEER shall be paid costs incurred and fees earned to the date of termination and through demobilization and neither party shall be entitled to any other compensation from the other. 7. CLIENT may audit and inspect ENGINEER's records and accounts covering reimbursable costs for a period of six months following the completion of ENGINEER's Services. The purpose of any such audit shall be only for verification of such costs. ENGINEER shall not be required to keep records of or provide access to those of its costs expressed as fixed rates, a lump sum, or as a percentage of other costs. 8. ENGINEER does not guarantee that proposals, bids or actual project costs will not vary from ENGINEER's cost estimates or that actual schedules will not vary from ENGINEER's projected schedules. 9. Neither party shall be responsible or held liable to the other party for special, indirect, incidental, punitive, exemplary, or consequential damages, whether arising in contract, tort, negligence, strict liability, or other theory of legal liability, including, but not limited to, loss of profit, loss of investment, loss of product, or business interruption. Except for CLIENT'S obligation to make payments, neither party shall be in default hereunder to the extent such default is caused by a cause or circumstance beyond such party's reasonable control. The warranties, obligations, liabilities and remedies of the parties, as provided herein, are exclusive and in lieu of any others available at law, equity or otherwise. The parties agree to look solely to each other with respect to performance of this Agreement. This Agreement and the attached Exhibits constitute the entire Agreement. No other representations of any kind, oral or otherwise, shall have any effect. This Agreement shall be governed by the laws of the state of Texas, without giving effect to principles thereof relating to conflicts of law. Date: August 12, 1999 ATTEST: Kathie rncli City etary APPROVED AS TO CONTENT: ferry Ell rook Managing Director Water Utilities APPROVED AS TO FORM: �4,; q�. Vr William de Haas Competition and Contracts Manager Black & Veatch Co oration (ENGINEER) By: d, Date: Alk 164 Q l.Zj