RE 12-14-64.1 RESOLUTION OF TOWN OF COPPELL, TEXAS
WHEREAS, at a special meeting of the Town Council of the Town
of Coppell, Texas, the Council met and considered the acceptance of a
certain agreement between the Town of Coppell and Fowler & Grafe# Inc.
for certain engineering services in connection with the contemplated
construction of a sewage treatment plant and collection system and a
certain water supply and distribution improvements; and,
WHEREAS, a copy of said agreement is attached hereto as
Exhibit "A": NOW, THEEFOE,
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
COPPELL, TEXAS:
SECTION 1. That said Agreement attached hereto as Exhibit
"A" , be!: ~and the same is hereby, accepted by the Town of Coppell.
SECTION 2. That Mayor W. T. Cozby be authorized to execute
said contract on behalf of the Town of Coppell.
Town of Coppell~ Texas, on the/'.,~L day of
1964.
ATTE ST:
CITY SECR~RY
AGREEMENT FOR ENGINEERING SERVICES
STATE OF TEXAS
COUNTY OF DALLAS
THIS AGREEMENT made, entered into and executed this the/~L
day of E~'~- ~Lt.~-~ , 1964, by and between the Town of Coppell
acting herein, by and through its Mayor who is dully authorized by Resolution,
dated/z%/¥C~.J.t , of the Town of CopDell, hereinafter called the "Owner~
and Fowler & Grafe, Inc., Consulting Engineer, 3900 Lemmon Avenue, Dallas,
Texas, 75219. A Corporation consisting of Adam K. Grafe, President, Richard
C. Pierce, Vice President hereinafter called the "Engineer".
WITNESSETH, that whereas the Owner intends to construct a
sewage treatment plant and collection system and certain water supply and
distribution improvements.
Such improvements are hereinafter called the "PROIECT".
NOW, THEREFORE, the Owner and the Engineer in Consideration
of the mutual covenants and agreements herein contained do mutually agree as
follows:
SECTION I - EMPLOYMENT OF ENGINEER
The Owner agrees to employ the Engineer and the Engineer agrees
to perform professional engineering services in connection with the Project as
stated in the sections to follow, and for having rendered such services, the
Owner agrees to pay to the Engineer compensation as stated in the sections
to follow.
SECTION II - SERVICES
The Engineer shall render the following professional services
necessary for the development of the Project.
A. Preliminary Phase:
(1) Attend preliminary conferences with the Owner regard-
ing the project.
(2) Prepare a preliminary engineering study and report on
the Project, in sufficient detail to indicate clearly
the problems involved and the alternate solutions
available to the Owner; to include preliminary layouts,
sketches and cost estimates for the Project, and to set
forth clearly the Engineer's recommendations.
(3) Furnish the O~vner 10 copies of the preliminary report,
including preliminary layouts, sketches and cost
estimate s.
(4) It is understood that heretofore the Federal Housing
& Home Finance Agency has extended to "Owner" an
offer which has been accepted by Owner whereby said
Agency will advance funds to "Owner" with which to
pay Engineer for its services in connection with the
work done by Engineer under the above mentioned
"Preliminary Phase" of this Agreement. It is under-
stood and agreed that if Engineer does commence and
complete the work set forth in said Preliminary Phase,
any payment to Engineer for such services will be
contingent upon funds becoming available through said
Housing & Home Finance Agency and that in the event
said funds are not made available through said agency~
then Owner shall owe Engineer nothing. Owner will,
however, be obligated to use its best efforts to comply
with the requirements necessary to obtain said advance
from said Agency, and if Engineer completes the work
under said Preliminary Phase and such funds are made
available from said Agency, then Owner will pay Engineer
the amount made available by said Agency. It is under-
stood that the advance applied for through said agency
is not to exceed $ for work in regard to
the proposed sewage system and not to exceed $
in regard to the proposed water supply and distribution
improvements.
(5) It is understood and agreed that by the execution of
this agreement Engineer shall be authorized to commence
the work called for under the above mentioned Preliminary
Phase.
(6) It is contemplated that if said Preliminary planning phase
reveals that such public improvements can be undertaken
by Owner, that Owner will submit to the qualified voters
a proposition authorizing the issuance of bonds to provide
funds for the design and construction of said improvements
and the payment to Engineer for any services which it may
render under the "Design Phase" and "Construction Phase"
of this agreement.
(7) It is understood and agreed that Engineer will not be
authorized to commence any work under the Design Phase
or Construction Phase of this agreement until authorized
to do so by Resolution duly passed by the Town Council
of Owner.
B. Design Phase:
(1) Perform field surveys necessary to collect information
required in the design of the Project.
(2) Plan and supervise other surveys, soil borings, founda-
tion investigations and tests as may be required for
design. The Engineer shall be reimbursed for the actual
cost of making test brings and test pits, which shall
not exceed the cost for labor and materials or the amount
of the sub-contract therefor.
(3) Furnish to the Owner, the engineering data necessary
for applications for permits required by local, state
and federal authorities.
(4) Prepare detailed contract drawings and specifications
for construction authorized by the Owner. These
designs shall in all respects combine the application
of sound engineering principles with a high degree of
economy and shall be submitted to the applicable state
and federal agencies for approval.
(5) Prepare detailed cost estimates and proposals of author-
ized construction, which shall include summaries of bid
items and quantities based, insofar as practicable, on
the unit price system of bidding. The Engineer shall
not be required to guarantee the accuracy of those
estimates.
(6) Furnish to the Owner all necessary copies of approved
plans, specifications, notices to bidders, and proposals.
(All sets of plans in excess of five (5) are to be paid for
separately .)
(7) Assist the Owner in the advertisement of the Project for
bids.
(8) Assist the. Owner in the opening and tabulation of bids
for construction on the project~ and recommend to the
Owner as to the proper action on all proposals received.
(9) Assist in the preparation of formal contract documents
for the award of contracts.
C. Construction Phase:
(1) Perform general supervision and administration of
authorized construction (as distinguished from contin-
uous resident field inspection), including periodic visits
of the Engineer or a competent representative of the
Engineer to the site of construction. In the administra-
tion of the Project, the Engineer will endeavor to protect
the Owner against defects and deficiencies in the work
of contractors but he does not guarantee the performance
of their contracts.
(2) Consult and advise with the Owner during construction.
(3) The general supervision of the Engineer is to be dis-
tinguished from the continuous on-site inspection of
resident inspector. A resident inspector acceptable to
both Owner and Engineer shall be engaged by the Engineer
and paid by the Owner. The services of the inspector
shall be paid for at rate of $ per month. This
payment shall be made upon presentation of the Engineers'
monthly statement.
(4) Check shop or working drawings furnished by contractors.
(5) Review all laboratory, shop and mill tests of materials
and equipment for compliance with specifications.
(6) Prepare monthly and final estimates for payments to
contractors, and furnish to the Owner any necessary
certifications as to payments to contractors and
suppliers.
(7) Supervise initial operation of the Project, and super-
vise the necessary performance tests required by
specifications.
(8) Perform, in company with the Owner' s representatives,
a final inspection of the Project.
(9) Revise contract drawings to show the work as actually
constructed, and furnish the Owner with two sets of Prints.
SECTION III- PERIOD OF SERVICE
Unless a specific date is agreed upon, the services called for in
Section II A (Preliminary Phase) of this agreement will be completed, and the
report submitted as expeditiously as possible.
After receipt from the Owner of acceptance of the preliminary study
and report, indicating any specific modifications or changes in scope desired
by the Owner, and upon receipt b~ Engineer of a copy of a Resolution authorizing
further work under the Design Phase, the Engineer will proceed with the perfor-
mance of the services called for in Section IIB (Design Phase) of this agree-
ment so as to deliver completed plans, specifications, and estimates of cost
for all authorized construction on the Project within a reasonable time. Follow-
ing the award by the Owner of a construction contract or contracts, the Engineer
will proceed with the performance of the services called for in Section II C
(Construction Phase) of this agreement.
This agreement shall remain in force; (1) for a period which may
reasonably be required for the design, award of contracts and construction of
the Project.
SECTION IV - COORDINATION WITH THE OWNER
The Engineer shall hold periodic conferences with the Owner, or
his representatives, to the end that the Project, as perfected, shall have full
benefit of the Owner' s experience and knowledge of existing needs and facili-
ties, and be consistent with his current policies and construction standards.
To implement this coordination, the Owner shall make available to the Engineer
for use in planning the Project, all existing plans, maps, field notes, statistics,
computations and other data in his possession relative to existing facilities
and to the Project.
SECTION V - PAYMENT
The Owner agrees to pay the Engineer for such services a fee of
eight and one-half (81/2%) percent of the cost of constructing this project,
which shall constitute complete compensation for the services. Their fee shall
be payable in installments as follows:
A sum as set forth in Section II A (4) of this Agreement shall
be paid as therein specified for work done by Engineer under the Preliminary
Phase of the Project. This fee covers work done under Section II A (1)
through (3) above.
A sum equal to eighty (80%) percent of the above fee less the
preliminary fee based on Engineer' s estimate of "Construction Cost" of the
project as planned, upon the approval by Owner of the drawings, specifications
and contract documents and the furnishing to the Owner of the specified number
of such documents and services required under Section IIB (1) through (6).
20% of the above fee for the services included in Section II C
(1) through (9) shall be due and payable monthly during the progress of con-
struction of the project. Upon the final completion of the construction work
and the acceptance thereof by the Owner, and of all services to be furnished
under this agreement, the remainder which shall be the total fee as stated in
the first paragraph of this Section V less previous payments. No deductions
shall be made from the Engineer on account of penalties, liquidated damages,
or other sums withheld from payments to Contractors. Reimbursements cover-
ing cost of making test borings and test pits as provided under Section IIB
(2), and for field supervision services provided under Section II C (3), are to
be in addition to the fee.
SECTION VI - REVISION TO DRAIAFiNGS AND SPECIFICATIONS
The Engineer will make without expense to the Owner, such re-
visions of the preliminary drawings as may be required to meet the needs of
the Owner, but after a definite plan has been approved by the Owner, if a
decision is subsequently made which, for its proper execution, involves extra
services and expenses for changes in, or addition to the drawings, specifi-
cations or other documents, or if the Engineer is put to labor or expense by
delays imposed on him from causes not within his control, such as by the de-
linquency or insolvency of contractors, the Engineer shall be compensated for
such extra services and expense, which services and expense shall not be
considered as covered by the percentage fee stipulated in this agreement.
SECTION VII - OWNERSHIP OF DOCUMENTS
All documents, including original drawings, estimates, specifi-
cations, field notes and data are and remain the property of the Engineer as
instruments of service. The Owner may retain reproducible copies of drawings
and copies of other documents, in consideration of which it is mutually agreed
that the Owner will use them solely in connection with the Project, and not for
purpose of making subsequent extension or enlargements thereto, save with
the express consent of the Engineer.
SECTION VIII - ARBITRATION OF DISPUTES
Should any dispute arise hereunder between the Owner and the
Engineer as to any of the terms of provisions of this agreement or the obliga-
tions of the parties thereunder, the Owner and the Engineer shall submit such
dispute to arbitration as follows: The O~vner and the Engineer shall each
appoint an arbitrator, who together shall select a third arbitrator.
SECTION IX - SUCCESSORS AND ASSIGNMENTS
The Owner and the Engineer each binds himself and his partners,
successors, executors, administrators and assigns to the other party of this
agreement and to the partners, successors, executors, administrators and
assigns of such other party, in respect to all covenants of this agreement;
except as above, neither the Owner nor the Engineer shall assign, sublet or
transfer his interest in this agreement without the written consent of the other.
Nothing herein shall be construed as creating any personal liability on the
part of any officer or agent of any public body which may be a party hereto.
IN TE~IMONY OF V~HICH this instrument has been executed on
behalf of the above named Engineers by one of them signing for them all, and
has been executed onl.~behalf of the Owner, in five (5) counterparts each of
equal force, on the day and year first above written.
TOI~rN OF COPPELL, Owner
MaYQ~~ J
ATTE ST:
FOWLER &GRAPE, INC.
Vice President