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CM 1964-12-14THE STATE OF TEXAS THE COUNTY OF DALLAS The Town Council of the Town of Coppell, Texas, met in called meeting on the 14th day of December, 1964, with the following members present, to-wit: W. T. Cozby, Mayor W. H. Wilson, Councilman J. R. McDonald, Councilman B. J. Hatwell, Councilman Cecil Dobecka, Councilman C. T. Waters, Councilman E. C. Gentry, City Secretary Constituting a quorum where among other proceedings had was the following: The Council considered the acceptance of a certain agreement between the Town of Coppell and Fowler & Grafe, Inc., for certain engineering services. Said agreement is herewith attached. After a lengthly discussion the agreement was unanimously accepted. On a motion made by B. J. Harwell and seconded by C. T. Waters that Mayor W. T. Cozby be authorized to execute said contract on behalf of the Town of Coppell; the motion was carried unanimously. There being no further business to come before the Town Council of the Town of CopDell, Texas, and on motion duly made, seconded, and carried the meeting was adjourned. PASSED AND APPROVED, this 14th day of DEC. , 1964 W. T. Cozby, Mayor ATTEST: E. C. Gentry City Secretary 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, THEREFORE, 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 14th day of December, 1964. W.T. Cozby Mayor ATTEST: E.C. Gentry City Secretary CITY SECR~,~AY AGREEMENT FOR ENGINEERING SERVICES STATE OF TEXAS COUNTY OF DALLAS THIS AGREEMENT made, entered into and executed this the/~/- day of December, 1964, by and between the Town of Coppell acting herein, by and through its Mayor who is dully authorized by Resolution, dated 14th, of the Town of Coppell, 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". ~ArITNESSETH, 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 Owner 10 copies of the preliminary report, including preliminary layouts, sketches and cost estimates. (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. i-- (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 Gonstruction 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. -2- (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 projectl 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. -3- (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 representative s, 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 by 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: -4- 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 (80To) percent of the above fee less fie 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 DRAWINGS 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 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 -5- 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 five (5) counterparts each of equal force, on the day and year first above written. TOWN OF COPPELL, Owner By: W.T. Cozby Mayor ATTEST: E.C. Gentry FOWLER & GRAFE, INC. By: Richard C. Pierce Vice President -6-