CM 1964-05-25 STATE OF TEXAS
COUNTY OF DALLAS
The Town Council of the Town of Coppell, Texas convened on this the
25th day of May, 1964 with the following members present:
W.T. Cozby Mayor
J.R. McDonald Councilman
C.T. Waters Councilman
Wheelice H. Wilson Councilman
C.J. Dobecka Councilman
E.C. Gentry Secretary
Constituting a quorum, where among other proceedings had was the
following:
Upon motion made by Wheelice H. Wilson, seconded by C.T. Waters to
enter into contract with Fowler & Grafe Inc. to make application for
funds and furnish the Town of Coppell engineering service. Mation carried
unanimously.
Motion made by J.R. McDonald, seconded by Wheelice H. Wilson that
Fowler & Grafe Inc. by appointed consulting and designing engineers for
the purpose of submitting and drawing up plans and specification for a
sewerage treatment plant. Motion carried unanimously.
Upon motion made by C.J. Dobecka, seconded by C.T. Water that
State Heath Officer, James E. Peavy, M.D. be authorized to review and
comment on such plans and date, subject, sewerage treatment plant, that
mously.
There being no further business the Council adjourned.
PASSED AND APPROVED THIS 25TH DAY OF MAY, 1964
W. T. Cozby
Mayor
E. G. Gentry
City Secretary
AGREEMENT FOR ENGINEERING SERVICES
STATE OF Texas
COUNTY OF Dallas )
THIS AGREEMENT made, entered into and executed this the 25TH day
of MAY, 1964, by and between The City of Coppell
acting herein, by and through its Mayor who is duly authorized by
Resolution , dated 25TH day of May, 1964, of the City of Coppell, hereinafter
called the "Owner, and Fowler & Grafe, Inc., Consulting Engineer, 3900
Lemmon Avenue, Dallas 19, Texas. 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
improvement s.
Such improvements are hereinafter called the "PROJECT".
NOW, THEREFORE, the Owner,and the Engineer in Consideration
of the mutual covenants and agreements herein contained do mutually agree
a s 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 nec-
cessary for the development of the Project.
A.. Preliminary Phase:
(1) Attend preliminary conferences with the Owner regarding
the project.
(2) Prepare a preliminary engineering study and report on
the Project, in sufficient detail to indicate clearly the
problems involved ar, d 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 Owner 10 copies of the preliminary report,
including preliminary layouts, sketches and cost
estimates.
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 borings 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 authorized
const-ruction, 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 re-
quired 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 5 are to be paid for sepa-
rately.)
(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 continuous resident
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field inspection), including periodic visits of the Engineer
or a competent representative of the Engineer to the site
of construction. In the administration 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 distinguished
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 pre-
sentation of the Engineers' monthly statement.
(4) Check shop or working drawings furnished by contractors.
($) Review all laboratory, shop and mill tests of materials
and equipment for compliance with specifications.
(6) Prepare monthly and final estimates for payments to con-
tractors, and furnish to the Owner any necessary certifi-
cations as to payments to contractors and suppliers.
(7) Supervise initial operation of the Project, and supervise
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, the Engineer will proceed with the performance of the services
called for in Section lib (Design Phase) of this agreement so as to deliver
completed plans, specifications, and estimates of cost for all authorized
construction on the Project within a reasonable time; Following the award
by the Owner of a construction contract or contracts, the Engineer will pro-
ceed with the performance of the services called for in Section II C (Construc-
tion 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 including extra work and any required extensions thereto.
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
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facilities, and be consistent with his current policies and construction stan-
dards. 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
( 8 1/2%) percent of the cost of constructing this project, which shall consti-
tute complete compensation for the services.
This fee shall be payable in installments, each of which shall be
deemed to have been earned and shall be due and payable to Fowler & Grafe,
Inc. at their office in Dallas, Dallas County, Texas, upon the satisfactory
performance of the items of service as follows:
A sum equal to 20 percent (20%) of the above fee based on the
Engineer's estimate of "construction cost" of the work authorized by the Owner
for the Preliminary Phase of the Project. This fee covers work done under
Section II A, (1), (2) & (3) above.
A sum equal to 80% of the above fee less the preliminary fee based upon the
estimated cost of the project as planned, upon the approval by the 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 II B (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 construction 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. Rehnbursements
covering cost of making test borings and test pits as provided under Section
H B (2), and for field supervision services provided under Section II C (3),
are to be in addition to the fee.
SECTION VI - REVISION TO DRAWINGS AND SPECIFICATIONS
The Engineer will make without expense to the Owner, such revi-
sions 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,
specifications or other documents, of if the Engineer is put to labor or
expense by delays imposed on him from causes not within his control, such
as by the delinquency or insolvency of con~ractors, 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 VI/ - OWNERSHIP OF DOCUMENTS
All documents, including original drawings, estimates, specifica-
tions, field notes and data are and remain the property of the Engineer as
instruments of service. The Owner may retain reproducible copies of draw-
ings, 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.
--4--
SECTION VIII - ARBITRATION OF DISPUTES
Should any dispute arise hereunder between the Owner and the En-
gineer 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 Owner 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 TESTIMONY OF WHICH this instrument has been executed on
behalf of the above named Engineers by one of them signing for them all,
and has been executed on behalf of the Owner, in counterparts
each of equal force, on the day and year first above written.
Owner
ATTEST
-5-
CFA-401
(12-60)
Form approved
Budget Bureau No. 63-R874.2
HOUSING AND HOME FINANCE AGENCY FOR GOVERNMENT USE ONLY
COMMUNITY FACILITIES ADMINISTRATION APPLiCATiON NO.
DATE RECEIVED
PROGRAM OF ADVANCES FOR PUBLIC WORKS PLANNING
CITY OR COUNTY
APPLICATION FOR ADYANCE FOR PUBLIC WORKS PLANNING
(Detailedinstructlons for preparation of this application appear in HHFA Form CFA-402.) 'tYPE OF PROJECT
The applicant requests the United States of America to advance $ 10,200.00 under Public Law 560, 83rd
(See Item 5-c below)
Congress, as amended by P.L. 345, 84th Congress, to aid in financing the cost of plan preparation for the public work proi-
ect described in Item 4.
The applicant represents that it will make every possible effort to have available, when needed, sufficient funds to de-
fray the cost of constructing such public works; that the data in support of this application for an advance are true, correct,
and complete; that the filing of this application has been duly authorized by its governing body; that the undersigned officer
has been duly authorized by formal action of said governing body to file this application for and in behalf of the applicant,
to provide to the United States such additional information and documents as may be required and otherwise to act as the
authorized representative of the applicant in connection with this application; and that a certified copy of the instrument evi-
dencing such authorization is hereby made a part of this application.
IN WITNESS WHEREOF the applicant has caused this application to be duly executed in its name by its undersigned
officer and its official seal (if applicant has seal) to be hereunto affixed and attested by its proper officer on
/,~ , 19 64 , at Coppell , County of Dallas ,
State of Texas
(SEAL)
Town of Coppell
ATTEST: (Legal Corporate Name of Applicfint )
Secretary Mayor
(Title of Attesting Officer) (Officer's Title)
APPLICATION DATA
1. Applicant',s Authorized Representative (Name, Title, Address, Office Phone)
William T. Cozby, Mayor, Town of Coppell, Coppell, Texas
2. Applicant's Architect or Engineer, if Selected (Name, Address, and State License No.)
Fowler & Grafe, Inc., 3900 Lemmon, Dallas 75219
3. Legal Information
(a) Full and exact legal name of applicant agency:
Town of Coppell Dallas Texas
City, Town or Township County State
(b) Cite the applicant's basic legal authority for the following actions with respect to proposed planning and public work,
Give specific statutory citation on each line. ,.
Annotated Civil
(1) Toplan .......... Article 962, Ch. 1 & Art. 1140, Chap. 11, Vernon's Statutes of Texa:
(2) To finance ....... Article 962, " " " ............. ' "
(3) To construct Article 9 62, " ....... ' ......... ' "
(c) Attach a copy of any special charter. ( Attached X Not applicable)
(d) Name and addressof applicant's attorney Saner, !ack, Sallinqer, Nichols Attorneys, 1200 RepublJ
Bank Bldq, ,Dallas 1 ;Texas: Bond C. oumq~l - Durnag; 14~,g,,~nin & Rc~c~thrn~n. qg_5 Kirby _n!dg.
4. Proposed Public Work Dallas, Texas
(a) Description of public work.
Water Supply & Distribution System Improvements.
To include drilling and developing an additional water well. Extend and loop
existing distribution line s.
APPLICATION DATA (Continued)
4. Proposed Public Work (Continued)
(b) Location (cig)t, gown, gownship, count)t, Stage)
Goppell, Dallas~ Texas
If applicant is a district not coextensive with a political unit, attach map showing boundaries and project location.
Has site been selected? ~ Yes [] No
Under option? [--] Yes IX/ No Title obtained? [~] Yes
(c) Applicant's population. 1950 Census225 -1960 666 Present estimate 750
Population to be served by public work 600
(d) Description of public need for proposed public work.
(Attach a copy o/any available planning or survey report on the need/or the pro/ecg.)
See Attachment
(e) Estimated cost of public work
(1) Land and rights-of-way ................................................. $ 5v 000
(2) Construction .......................................................... 150.. 000
(3) Equipment .... . ....... , .................................................. -
(4) Plan preparation - preliminary ............................................ 2,550
-(5) Plan preparation - final ................................................. 7,650
(6) Supervision of construction...~ ...................... ' ..................... 2
(7) All other costs (legal, administrative, contingencies, etc.) ................... 2 5,2 50
(8) Total ................................................................. 200,000
(f) Maximum cost which applicant will set for the public work: ......................
5. Proposed Planning Work
(a) Description of planning to be done.
A tgach statement describing in some detail the services to be performed by the architect/engineer and/or other con-
sultant.
List all planning data and documents to be prepared.
(See Attached Contract)
(b) Also describe briefly any such work already performed, noting whether done by consultant or applicant's forces, when
done, and whether costs have been paid.
(c) Cost of proposed planning work to bedone:
Preliminary Final
Planning Planning Total
(1) Federal advance requested ....................... $ 2,550 $ 7,650 $ 10,200
(2) Applicant contribution ....
Total estimated cost ........................ $ 2:550 $ 7,650 $ 10,200
(d) Conformance to area plans
(1) All proposed public works must conform to any applicable overall Start.. local or regional plan. Is there such a
plan for the applicant's area?
[~] Yes, a statement of clearance from the applicable planning agency is attached.
~ No, a letter from applicant's chief executive officer is attached as prescribed in Form CFA-400.
(2) If the proposed public work is included in an existing public works capital budget or comparable device approved
by the applicant's governing body, a copy should be attached. If a public works plan and program has been filed
with HHFA as part of the applicant's workable program, show date of filing Norle ;
another copy need not be supplied.
(3) If proposed public work is a school, health, water, or sanitary sewer facility, attach a letter from the State De-
partment of Education or Health commenting on the proposed planning and public work.
(4) Attach letter of comment or clearance from any other non-Federal agency having authority over planning or con-
struction of public works of the type proposed.
APPLICATION DATA (Continued)
5. Proposed Planning Work (Continued/
(e) Use of Federal planning funds (See Section VIH of Form CFA-400.)
(1) Does the requested advance include funds to reimburse the applicant for disbursements made, or to defray any
costs incurred prior to the date borne by the Federal offer?
[--] Yes [] No
(2) Does the requested advance include funds to defray the cost of any contract entered into or to be entered into by
the applicant prior to approval of the application, if in such contract the applicant is obligated to finance the
plan preparation from other funds?
[~] Yes [] No
(5) Attach a copy of any architectural or engineering contract that has been executed for all or part of the planning
described above.
(4) Does the requested advance contain any funds to cover costs of planning work which will be performed by appli-
cant's own forces?
~ No [] YesA such costs are estimated at
(f) Plan completion
Plan preparation will begin within 10 . calendar days after applicant's execution of the Federal agreement
for public works plan preparation, and the completed plans will be submitted within 60(prelim.) calendar days.
This estimate includes enough time to obtain all required State or local approvals. 180 (final)
(g) Target date for start of construction ~an.
6. Anticipated Method for Financing Construction
(a) Indicate sources of funds and amount from each source to finance the proposed public work.
(1) General obligation bonds - authorized .......................................... $ _ -
- to be authorized ..................................... 5'0~000,00
(2) Revenue bonds - authorized .................................................. -
- to be authorized .............................................
(3) Assessment or improvement bonds - authorized .................................. -
- to be authorized ............................. -
(4) Other sources (specify)
(5) Total ..................................................................... $ 2O0_.O00.00
(b) Attach a copy of applicant's latest annual financial statement and complete the following items:
(1) Total assessed valuation ....................................................
(2) Valuation is % of actual valuation
(~) Tax rate per $100 ...........................................................
(4) Current legal tax limit per $100 ...............................................
(c)If general obligation bonds will be issued, show unused general obligation debt capacity:
If an increase in present unused debt capacity is necessary, how will this be effected?
(d) If bonds payable from project revenues will be issued, attach a statement showing the estimated number of connec-
tions or users, estimated gross yearly revenue and yearly maintenance and operation expense. If the public work
consists of extensions or additions to a presently owned revenue-producing facility, include number of present con-
nections and rates for service, and attach a copy of the latest operating statement of the revenue-producing facilities.,.
(e) If assessment or improvement bonds will be issued, attach description of method of assessment, i.e., front foot or
other basis, and of determination of benefits, the anticipated number of parties to be assessed, gross annual income
from assessments, and the anticipated annual maintenance and operation expenses.
CERTIFICATE OF RECORDING OFFICER
(To be used unless contrary to local law)
I, the undersigned, the duly qualified and acting Secretary of the
(Title of Officer)
Town of Coppell
(Applicant)
(hereing called the "Applicant") and the keeper of the records of the applicant, including the journal of proceedings of the
~ ~ Town Council (herein called the "governing body"), do hereby certify:
(Governing Body of the Applicant)
~o
CERTIFICATE OF RECORDING OFFICER (Continued)
1. That the attached resolution is a true and correct copy of the resolution as finally adopted at a meeting of the gov-
erning body held on the 2 5 day of ik/Ia¥ , 19 64 , and duly recorded in my office;
2. That such meeting was duly convened and held in all respects in accordance with law and to the extent required by
law, due and proper notice of such meeting was given; and a legal quorum was present throughout the meeting, and a legally
sufficient number of members of the governing body voted in the proper manner and for the adoption of said resolution; and
that all other requirements and proceedings under the law incident to the proper adoption or passage of said resolution, in-
cluding publication, if required, have been duly fulfilled, carried out, and otherwise observed; and that I am authorized to
execute this certificate;
3. That if an impression of a seal has been affixed below, it constitutes the official seal of the applicant and this
certificate is hereby executed under such official seal; but if no seal has been affixed, the applicant does not have an offi---
cial seal;
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of///~-~.q.--W~_ 19 L'/~.
(Signature o.(O~r)
if applicant has an official seal, impress here. (Type or print name of officer)
(SEAL)
RESOLUTION
(To be used unless contrary to local law)
Authorizing filing of application with the United States of America for an advance to
provide for the planning of public works under the terms of Public Law 560, 83rd Congress
of the United States, as amended.
WHEREAS, Town of Coppell (herein called the 'YApplicant") after
(Legal name o£ applicant)
thorough consideration of the various aspects of the problem and study of available data has hereby determined that the con-
struction of certain public works, generally described as
Water Supply & Distribution Improvements -
is desirable and in the public interest and to that end it is necessary that action preliminary to the construction of said works
be taken immediately; and
WHEREAS, under the terms of Public Law 560, 83rd Congress, as amended, the United States of America has authorized
the making of advances to public bodies to aid in financing the cost of engineering and architectural surveys, designs, plans,
working drawings, specifications or other action preliminary to and in preparation for the construction of public works; and
WHEREAS, the applicant has examined and duly considered such act and the applicant considers it to be in the public
interest and to its benefit to file an application under said act and to authorize other action in connection therewith;
NOW, THEREFORE, BE IT RESOLVED BY The Town Council of the Town of Coppell ,
the governing body of said applicant, as follows:
1. That the construction of said public works is essential to and is to the best interests of the applicant, and to the
end that such public works may be provided as promptly as practicable it is desirable that action preliminary to the
construction thereof be undertaken immediately;
2. That Mayori William T. Cozby
be hereby authorized to file in behalf of the applicant an application (in form required by the United States and in
conformity with said act) for an advance to be made by the United States to the applicant to aid in defraying the
cost of plan preparation for the above described public works, which shall consist generally of water
supply and distribution system improvements,
3. That if such advance be made, the applicant shall provide or make necessary arrangements to provide such funds,
in addition to the advance, as may be required to defray the cost of the plan preparation of such public works; --
4. The said Mayor~ William T. Cozby
is hereby authorized to furnish such information and take such action as may be necessary to enable the applicant
to qualify for the advance;
5. That the officer designated in the preceding paragraph is hereby designated as the authorized representative of the
applicant for the purpose of furnishing to the United States such information, data, and documents pertaining to the
application [or an advance as maybe required; and otherwise to act as the authorized representative of the applicant
in connection with this application.
6. That certified copies of this resolution be included as part of the application for an advance to be submitted to the
United States.
~' U.S, GOVERNMENT PRINTING; OFFICE: 1962--0'-6S6741