HomeMy WebLinkAboutCC 1967-03-23 Minutes
MINUTES OF THE SPECIAL CITY COUNCIL MEETING HELD AT
THE CITY HALL, CITY OF NORTH RICHLAND HILLS, 4101
MORGAN CIRCLE, THURSDAY, MARCH 2~. 1967 AT 7:00 P.M.
CALL TO ORDER:
THE SPECIAL CITY COUNCIL MEETING WAS CALLED
TO ORDER BY MAYOR CALVIN F. LUPER.
ROLL CALL:
THOSE PRESENT:
MAYOR CALVIN F. LUPER
COUNCILMEN: DODSON, DALEY, FARAM, SANDLIN
AND CHESTER
CITY MANAGER JOHN P. HALL
CITY CONSULTING ENGINEER W. R. RATLIFF
PLANNING CONSULTANT BOB HOLLIN
PRESENTA T ION OF
THE CITY MANAGER
CC G-93
MASTER PLAN
THIS COUNCIL COMMUNICATION CALLS FOR THE ADOPTION
OF A PROPOSAL FOR THE MASTER PLAN TO BE FINANCED SOLEY BY THE C,TY OF
NORTH RICHLAND HILLS. THIS COUNCIL COMMUNICATION WAS TABLED AT THE
REGULAR CITY COUNCIL MEETING HELD ON MARCH 13, 1967 UNTIL THIS SPECIAL
MEETING COULD BE ARRANGED WITH THE CITY COUNCIL AND THE CITY'S MASTER
PLANNER, BOB HOLLIN. THE MASTER PLAN WAS SUMMARIZED IN DETAIL BY MR.
HOLLIN WHO PRESENTED THE FOLLOWING SCHEDULE COVERING ALL PHASES OF THE
C'TY'S MASTER PLAN:
WRITTEN PORTION OF THE ZONING ORDINANCE TO BE SUBMITTED
BY APRIL 10, 1967.
ZONING LAND USE MAP TO BE SUBMITTED BY THE LAST OF APRIL, 1967.
PUBLIC HEARINGS ON ZONING ORDINANCE AND MAPS TO BE HELD IN
MAY OR JUNE, 1967.
ALL PRELIMINARY MAPS AND INFORMATION ON THE MASTER PLAN TO
BE SUBMITTED BY AUGUST 1, 1967 AND PRODUCTION FOR THE FINAL
MASTER PLAN TO BE COMPLETE WITHIN TWENTY-TWO MONTHS.
COUNCILMAN DALEY MOVED, SECONDED BY COUNCILMAN CHESTER, THAT
THE CITY COUNCIL ADOPT THE MASTER PLAN COST FACTOR OF $19,350 ALONG
WITH THE DIFFERENT STAGES REPRESENTED AND THE VARIOUS TARGET DATES
AND AUTHORIZE THE MAYOR TO PROCEED WITH THE EXECUTION OF THE MASTER
PLAN CONTRACT. THE MOTION CARRIED UNANIMOUSLY.
CAPITAL IMPROVEMENTS PROGRAM CONTRACT
GREGORY, KNOWLTON AND RATLIFF
MR. W,LLIAM R. RATLIFF, OF THE FIRM OF GREGORY, KNOWLTON
AND RATLIFF DISCUSSED IN DETAIL THE PROPOSED CONTRACT SUBMITTED
TO THEC,TY FOR THE CAPITAL IMPROVEMRNTS PROGRAM, A COpy OF WHICH
IS ATTACHED AS A PERMANENT PART OF THESE MINUTES. COUNCILMAN
CHESTER MOVED, SECONDED BY COUNCILMAN DODSON, THAT THE CITY COUNCIL
ACCEPT THE CONTRACT SUBMITTED BY GREGORY, KNOWLTON AND RATLIFF AS
OUTLINED IN THE DOCUMENT AND AUTHORIZE THE MAYOR TO EXECUTE THE
AGREEMENT AND RESOLUTION. THE MOTION CARRIED UNANIMOUSLY.
ADJOURNMENT
COUNCILMAN DODSON MOVED, SECONDED BY COUNCILMAN
CHESTER, THAT THE SPECIAL CITY COUNCIL MEETING
BE ADJOURNED.
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ATTEST:
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ACTING CITY SECRETARY
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PAUL D.GREGORY
R. L. KNOWLTON
W.R.RATLIFF
MR. JOHN HALL, CITY MANAGER
CITY OF NORTH RICHLAND HILLS
4101 MORGAN CIRCLE
FORT WORTH, TEXAS
SUBJECT: 6005-X, CITY OF NORTH RICHLAND
HILLS, CAP IT AL IMP ROVEMENTS
PROGRAM ENGINEERING AGREEMENT
DEAR JOHN:
':F' ..
ENCLOSED PLEASE FIND OUR STANDARD FORMS FOR ENGINEERING AGREEMENT
ADOPTED TO THE PROPOSAL WE DISCUSSED WITH THE COUNCIL ON NOVEMBER
10,1966. As WE MENTIONED, THIS REPORT COULD BE BEGUN AT ANY TIME,
BUT COULD NOT PROCEED TO ANY EXTENT UNTIL THE MASTER THOROUGHFARE
P LAN I SAD 0 P TED BY THE CO U N C I L.
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IF WE CAN PROVIDE ELABORATION, INTERPRETATION OR INSPIRATION, PLEASE
ADVISE.
YOURS VERY TRULY,
GREGORY, KNOWLTON & RATLIFF
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NINUTES OF MEETING EMPLOYIHG EHGINEERS
ON THE
DA Y Of
, 19
,
THE
CITY CO UN C I L
OF THE
CITY OF NORTH RICHLAND HILLS,
TARRANT COUNTY, TEXAS
MET IN
SESSION
WITH THE fOLLOWING MEMBERS PRESENT:
,
,
,
,
ABSENT:
AND
AND THE fOLLOWING RESOLUTION WAS INTRODUCED AND (UNANIMOUSLY) PASSED AND ADOPTED:
RESOLUTION
~ HEREAS, THE
CITY OF NORTH RICHLAND HILLS
DESIRES TO
MAKE STREET AND DRAINAGE CAPITAL IMPROVEMENTS
AND REQUIRES THE SERVICES Of A fiRM Of REGISTERED PROFESSIONAL ENGINEERS.
WHEREAS, IT IS THE OPINION Of THE ABOVE OfFICIALS THAT THE ENGINEERING FIRM
Of GREGORY, KNO\'!L TON & RATL I FF (fORMERLY REAVES, GREGORY & KNOWLTON)
CONSULTING ENGINEERS, OF FORT ¡·IORTH, TEXAS, IS A fiRM THAT IS COMPETENT
AND CAPABLE IN THE SPECifiC TYPE Of ENGINEERING SERVICE REQUIRED AND HAVING,
AS PRINCIPAL MEMBERS Of THE fiRM, ENGINEERS REGISTERED AS PROfESSIONAL ENGINEERS
IN THE STATE Of TEXAS.
1 Of 2
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NOH THEREFORE BE IT RESOLVED BY THE
CITY COUNCIL
Of THE
CITY OF NORTH RICHLAND HILLS
THAT THE
MAYO R
BE AND IS HEREBY AUTHORIZED
AND INSTRUCTED TO ENTER INTO AN AGREEMENT WITH THE fiRM OF GREGORY, KNOHLTOH &
RATLIFF, SUBJECT TO THE FOLLOWING CONDITIONS:
(1) ALL ENGINEERING SERVICES fURNISHtD AND FEES CHARGED SHALL BE CONSISTENT
WITH THE LATEST EDITION OF THE MANUAL OF PROFESSIONAL PRACTICE, GENERAL
ENGINEERING SERVICE AS PUBLISHED BY THE TEXAS SOCIETY Of PROFESSIONAL
ENGINEERS, SUCH FEES TO BE AS STIPULATED IN THE ATTACHED AGREEMENT FOR
ENGINEERING SERVICES.
(2) THE FEE FOR THE CAPITAL IMPROVEMENTS PRELIMINARY REPORT SHALL BE
$11,000.00 OF WHICH $6,200.00 WILL BE DUE UPON COUNCIL ACCEPTANCE
OF THE REPORT, THE BALANCE SHALL BE DUE UPON RECEIPT OF FUNDS FOR
FINANCING THE IMPROVEMENTS. A CREDIT OF $3,000.00 IS TO BE ALLOWED
FOR THE 1961 REPORT BY THE ENGINEER AND A CREDIT OF $3,200.00 IS TO
BE ALLOWED FOR THE MATERIAL BEING FURNISHED BY THE ENGINEER UNDER
THE COMPREHENSIVE PLAN FOR THE CITY.
THE ABOVE RESOLUTION WAS INTRODUCED BY
SECONDED BY
AND PUT TO A VOTE. THE ROLL
WAS CALLED WITH THE FOLLOWING RESULTS:
AYES
NAYS
NOT VOTING
THE
THEREUPON DECLARED
THE MOTION CARRIED AND SAID RESOLUTION FINALLY ADOPTED.
PRISIDING OFFICER
SEAL
ATTEST:
SECRETARY
2 OF 2
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GREGORY KNOWLTON &. RATLIFF
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ONSULTING
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PAUL D. GREGORY
R. L. KNOWLTON
W.R.RATLIFF
STATE OF:
TEXAS
COUNTY OF:
TAR RA N T
ARTICLES OF AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, MADE AND ENTERED INTO THIS
DAY OF
, 19
, BY AND BETWEEN THE FIRM OF
GREGORY, KNOWLTON & RATLIFF (FORMERLY REAVES, GREGORY & KNOWLTON),
CONSULTING ENGINEERS OF FORT WORTH, TEXAS, A PARTNERSHIP, HEREINAFTER
CALLED THE ENGINEER, AND
THE CITY OF NORTH RICHLAND HILLS
ACTING HEREIN BY AND THROUGH ITS
CITY COUNCIL
DULY AUTHORIZED TO ACT, HEREINAFTER CALLED OWNER.
W I TN ESSETH:
THAT FOR AND IN CONSIDERATION OF THE PAYMENTS HEREINAFTER PROVIDED FOR, THE
OWNER DOES HEREBY EMPLOY THE ENGINEER TO ACT AS CONSULTING ENGINEER FOR THE
PURPOSE OR PURPOSES REQUIRED ON THE PROJECT OR PROJECTS DESCRIBED AS:
STREET AND DRAINAGE CAPITAL IMPROVEMENTS PROGRAM.
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ARTICLE I CHARACTER & EXTENT OF SCHEDULED ENGINEERING SERVICES
UNLESS SPECIFICALLY DELETED AS INITIALED AND DATED BY THE ENGINEER ON OR BEFORE
EXECUTION OF THIS AGREEMENT, THE ENGINEER SHALL FURNISH ALL SCHEDULED ENGINEER-
ING SERVICES NECESSARY FOR THE DEVELOPMENT OF THE PROJECT, WHICH SHALL INCLUDE
THE FOLLOWING:
(A) PRELIMINARY ·PHASE:
(1 )
ATTEND PRELIMINARY CONFERENCES WITH THE OWNER REGARDING ThE PROJECT
AT WHICH TIME THE OWNER WILL FURNISH THE ENGINEER WITH ALL SUCH DATA
AND RECORDS AS ARE IN THE OWNER'S FILES WHICH MAY BE OF ASSISTANCE TO
THE ENGINEER. ApPLICABLE, DETAILED TOPOGRAPHIC MAPS OF LARGE AREAS,
AERIAL PHOTOGRAPHIC MAPS AND OWNERSHIP OR BOUNDARY MAPS ARE TO BE
FURNISHED BY THE OWNER OR MAY BE SUPPLIED BY THE ENGINEER AS HEREINAFTER
PRESCRIBED UNDER NON-SCHEDULED SERVICES.
(2 )
PREPARE A PRELIMINARY ENGINEERING STUDY AND WRITTEN REPORT IN
SUFFICIENT DETAIL TO INDICATE CLEARLY THE SCOPE OF THE PROJECT AND
AMOUNT OF FINANCING WHICH WILL BE REQUIRED. THE WRITTEN REPORT SHALL
INCLUDE ALL PRELIMINARY LAYOUTS, SURVEYS, SKETCHES AND COST ESTIMATES
AS NECESSARY TO SET FORTH CLEARLY THE ENGINEER'S RECOMMENDATIONS.
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(3) FURNISH THE OWNER TEN (10) COPIES OF THE WRITTEN PRELIMINARY REPORT
AS DESCRIBED ABOVE. ADDITIONAL COPIES, AS ORDERED BY THE OWNER, ARE
TO BE SUPPLIES AS PRESCRIBED HEREIN UNDER NON-SCHEDULED SERVICES.
(4) FURNISH EARNINGS AND EXPENSE STATEMENTS TO ACCOMPANY BOND SCHEDULES
FOR SUBMISSION TO THE ATTORNEY GENERAL FOR APPROVAL OF REVENUE BONDS,
THE SALE OF WHICH IS NECESSARY TO PROVIDE FUNDS FOR THE PROJECT.
(NOTE: REPORTS INVOLVING DETAILED AND EXTENSIVE RATE ADJUSTMENTS OR
INVENTORIES AND APPRAISALS MAY BE ORDERED BY THE OWNER TO BE FURNISHED
BY THE ENGINEER AS HEREINAFTER PRESCRIBED UNDER NON-SCHEDULED SERVICES.)
(6) DESIGN PHASE (DETAILED PLANS & SPECIFICATIONS):
(1) PERFORM FIELD SURVEYS WHICH ARE NECESSARY TO SUPPLEMENT THE PRELIMINARY
REPORT AND PROVIDE DETAILED INFORMATION REQUIRED FOR DESIGN OF THE
PROJECT.
(2) ARRANGE FOR AND DIRECT NECESSARY LABORATORY TESTS, SUB-SURFACE
EXPLORATIONS AND TOPOGRAPHIC SURVEYS OF LARGE AREAS TO BE PERFORMED
BY OTHERS FOR THE OWNER'S ACCOUNT.
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(3) FURNISH THE OWNER, THE ENGINEERING DATA NECESSARY FOR APPLICATIONS
FOR PERMITS REQUIRED BY LOCAL, STATE AND FEDERAL AGENCIES.
(4) PREPARE AND FURNISH, AS DIRECTED BY THE OWNER TO OBTAIN BID PRICES
FOR THE PROJECT, TEN (10) COPIES OF DETAILED CONTRACT DRAWINGS AND
SPECIFICATIONS (I.E.: CONTRACT DOCUMENTS) FOR THE PROJECT. THESE
DESIGNS SHALL COMBINE THE APPLICATION OF SOUND ENGINEERING PRINCIPLES
WITH AN APPROPRIATE DEGREE OF ECONOMY AND SHALL BE SUBMITTED TO THE
APPLICABLE STATE AND FEDERAL AGENCIES FOR APPROVAL.
(5) PREPARE DETAILED COST ESTIMATES OF THE AUTHORIZED PROJECT AS REPRESENT-
ED BY THE CONTRACT DOCUMENTS, WHICH SHALL INCLUDE SUMMARIES OF BID
ITEMS AND QUANTITIES. 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, NOTICE TO BIDDERS AND PROPOSALS. ADDITIONAL SETS,
AS REQUIRED, IN EXCESS OF TEN (10) SETS, SHALL BE SUPPLIED AS
PROVIDED HEREINAFTER UNDER NON-SCHEDULED SERVICES.
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(7) ASSIST THE OWNER IN THE ADVERTISEMENT OF THE PROJECT FOR BIDS.
,-
(8) ASSIST THE OWNER IN OPENING AND TABULATION OF BIDS FOR MATERIAL,
EQUIPMENT AND CONSTRUCTION ON THE PROJECT, AND FURNISH RECOMMENDATIONS
TO THE OWNER TO AID HIM IN AWARD OF CONTRACTS.
(9) ASSIST IN THE PREPARATION OF FORMAL CONTRACT DOCUMENTS, TO BE APPROVED
BY THE OWNER'S LEGAL COUNSEL, -FOR THE AWARD OF CONTRACTS.
(C) PROJECT ADM I N I STRA T ION (CONSTRUCT I ON PHASE)
(1) PERFORM GENERAL SUPERVISION AND ADMINISTRATION OF AUTHORIZED
CONSTRUCTION (AS DISTINGUISHED FROM CONTINUOUS RESIDENT FIELD IN~PECTION),
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 USE HIS BEST EFFORTS 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) REVIEW ALL LABORATORY, SHOP AND MILL TESTS OF MATERIALS AND EQUIPMENT
FOR' COMPLIANCE WITH SPECIFICATIONS AND CHECK SHOP OR WORKING DRAWINGS
FURNISHED BY CONTRACTORS.
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(4) PREPARE MONTHLY AND FINAL ESTIMATES fOR PAYMENTS TO CONTRACTORS, AND
FURNISH TO THE OWNER ANY NECESSARY CERTifiCATIONS AS TO PAYMENTS TO
CONTRACTORS AND SUPPLIERS.
(5) SUPERVISE INITIAL OPERATION Of THE PROJECT, AND SUPERVISE THE NECESSARY
PERFORMANCE TESTS REQUIRED BY THE SPECifiCATIONS.
(6) PERfORM" I N COMPANY WITH THE OWNER'S REPRESENTAT I VES, A fiNAL
INSPECTION OF THE PROJECT.
(7) REVISE CONTRACT DRAWINGS TO SHOW THE WORK AS ACTUALLY CONSTRUCTED,
AND FURNISH THE OWNER WITH ONE SET Of REPRODUCEABLE DRAWINGS (PRINTS).
ARTICLE I I FEES FOR SCHEDULED ENGINEERING SERVICES
FOR AND IN CONSIDERATION OF THE SCHEDULED SERVICES RENDERED BY THE ENGINEER,
AS PRESCRIBED UNDER ARTICLE I, THE OWNER SHALL PAY THE ENGINEER AT THE OffiCE
OF THE ENGINEER" FORT WORTH, TEXAS, THE FEES, IN ACCORDANCE WITH THE APPLICABLE
"COST Of CONSTRUCTION" AS LISTED IN THE fOLLOWING SCHEDULE:
SCHEDULED FEES CLASSIFICATION "A"
\ .
PRELIM- COMBINED PROJECT
INARY PRELIMINARY & ADMINIS-
COST OF CONSTRUCTION PHAS E DESIGN PHASE TRATION TOTAL
NOTE: FEES LISTED UNDER LETTERS IN PARENTHESES APPLY TO SERVICES LISTED IN
ARTICLE I UNDER THE SAME ALPHABET LETTER.
(A) (A) & (B) (C) (A), (B)&(C)
LESS THAN $ 50,,000 (f) PER DIEM PE R D I EM PER DIEM
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$ 50,001 TO 100,000 0 8.00% 2.75% 1 o. 75%
-
100,001 TO 250,000 (f) 7.30% 2.45% 9.75%
-
250,001 500,000 > 6.20% 2.05% 8.25%
TO 0
w a::
500,001 TO 750,000 wa.. 5.63% 1.87% 7.50%
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750,001 TO 1,000,000 ..J 5.06% 1. 69% 6.75%
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1,000,001 TO 10,,000,000 u 4.87% 1.63% 6.50%
(OVER) 10,,000,000 w 3.94% 1.31% 5.25%
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"CONSTRUCTION COST" IS DEFINED AS THE TOTAL COST TO THE OWNER fOR THE EXECUTION
OF THE WORK AUTHORIZED AT ONE TIME AND HANDLED SEPARATELY IN EACH PHASE Of THE
ENGINEERING SERVICES, EXCLUDING fEES OR OTHER COSTS FOR ENGINEERING, LEGAL SERVICES,
THE COST OF LAND, RIGHTS-Of-WAY, AND ADMINISTRATION EXPENSES, BUT INCLUDING THE
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DIRECT COST TO THE OWNER OF ALL CONSTRUCTION CONTRACTS, ITEMS OF CONSTRUCTION,
INCLUDING LABOR, MATERIALS AND EQUIPMENT INCORPORATED IN T~E COMPLETED WORK.
FEES SHALL NOT BE LESS THAN THE MAXIMUM AS CALCULATED UNDER THE NEXT LOWER
COST BRACKET AND SHALL BE APPLIED SEPARATELY FOR EACH PROJECT FOR WHICH THE
OWNER ORDERS THE ENGINEER TO PREPARE INDIVIDUAL REPORTS, PLANS AND SPECIFICA-
TIONS OR CONTRACT DOCUMENTS FOR THE BENEFIT OF THE OWNER.
FEES SHALL BE BASED UPON THE ENGINEER¡S ESTIMATE OF THE "COST OF CONSTRUCTION"
IN THE EVENT THE PROJECT IS NOT CONSTRUCTED. IN THE EVENT THAT PROPOSALS FOR
CONSTRUCTION OF ANY PART OF THE WORK AS AUTHORIZED IN THE "DESIGN PHASE" ARE
RECEIVED WITHIN NINETY (90) DAYS AFTER SUBMISSION OF COMPLETED CONTRACT DRAWINGS
AND SPECIFICATIONS TO THE OWNER BY THE ENGINEER, THE FEE FOR THE CORRESPONDING
SERVICES IN THE "DESIGN PHASE" AND THE FEE FOR THE CORRESPONDING SERVICES IN
THE "PRELIMINARY PHASE" SHALL BE ADJUSTED TO THE "CONSTRUCTION COST" AS
REFLECTED BY THE LOWEST ACCEPTABLE PROPOSAL, OR LOWEST BONA FIDE BID. THE
TOTAL FEE FOR ALL ENGINEERING SERVICES FURNISHED UNDER THE SCHEDULED FEES SHALL
BE ADJUSTED TO THE FINAL "COST OF CONSTRUCTION" INCLUDING EXTENSIONS OF THE
PROJECT AND EXTRA ITEMS WHICH HAVE BEEN INCORPORATED IN THE COMPLETED WORK;
HOWEVER, NO ADJUSTMENT OF THE FEE SHALL BE APPLIED WHEN WORK COVERED BY THE
"DESIGN PHASE" IS DELETED BY THE OWNER.
\'-'~ FEES PAID FOR THE"PRELIMINARY PHASE" SHALL BE CREDITED AGAINST FEES FOR THE
COMBINED "PRELIMINARY AND DESIGN PHASE" IN THE SAME PROPORTION THAT THE
"COST OF CONSTRUCTION" OF THE WORK COVERED BY THE "DESIGN PHASE" BEARS TO THE
"COST OF CONSTRUCTION" OF THE WORK COVERED BY THE "PRELIMINARY PHASE".
ARTICLE I I I FEES FOR CONSTRUCTION AND NON-SCHEDULED SERVICES
THE SERVICES AS LISTED BELOW ARE CONSIDERED TO BE A PART OF CONSTRUCTION AS
DISTINGUISHED FROM THE TECHNICAL CONSULTATION, DESIGN AND ADMINISTRATION OF
CONSTRUCTION AS INCLUDED UNDER THE "PRELIMINARY PHASE", "DESIGN PHASE" AND
"PROJECT ADMINISTRATION" WHICH ARE ESSENTIAL PARTS OF THE ENGINEER.ING SERVICE,
THEY CANNOT BE CONTROLLED OR ESTIMATED ACCURATELY BY THE ENGINEER AT THE TIME
HE ENTERS INTO THIS AGREEMENT WITH THE OWNER, AND CONSEQUENTLY THEY ARE NOT
PROPERLY A PART OF THE "SCHEDULED ENGINEERING SERVICES" FOR WHICH THE
ENGINEER IS COMPENSATED ON A FEE BASIS. IF THE OWNER HAS A QUALIFIED TECHNICAL
STAFF, NOT OTHERWISE OCCUPIED, HE MAY PERFORM THESE SERVICES AND SHALL NOTIFY
THE ENGINEER IN WRITING WITHIN TEN (10) DAYS AFTER AUTHORIZATION OF CONSTRUCTION.
THE NON-SCHEDULED SERVICES AND THE BASIS OF COMPENSATION TO BE PAID TO THE
ENGINEER FOR,FURNISHING THEM ARE AS FOLLOWS:
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(1) ACTUAL PERFORMANCE OF SHOP, MILL OR LABORATORY TESTING AND INSPECTION OF
MATERIAL AND EQUIPMENT INCLUDING TEST BORINGS AND OTHER SUB-SURFACE
INVESTIGATIONS AND RELATED ANALYSES SHALL BE FURNISHED DIRECTLY BY THE
OWNER OR BY THE ENGINEER AT INVOICE COST PLUS TEN (10%) PERCENT.
(2) AFTER CONSTRUCTION HAS BEEN AUTHORIZED BY THE OWNER, THE SERVICES
OF A RESIDENT INSPECTOR AND NECESSARY FIELD ASSISTANTS FOR THE PURPOSE
OF CONTINUOUS ON-THE-SITE INSPECTION OF CONSTRUCTION AND/OR THE
PERFORMANCE OF CONSTRUCTION LAYOUT SURVEYS SHALL BE PAID FOR AT SALARY
COST OF SERVICES, PLUS ONE HUNDRED (100%) PERCENT OF SUCH COSTS.
NON-LABOR ITEMS AND SUB-CONTRACT ITEMS TO BE PAID FOR AT INVOICE
COST PLUS 10%) PERCENT. ON PROJECTS WHERE MORE THAN ONE (1)
FULL TIME INSPECTOR IS USED, THE PERCENTAGE TO BE ADDED TO SALARY COSTS
SHALL BE REDUCED TO FIFTY (50%) PERCENT OF SUCH COSTS.
(3) TOPOGRAPHIC OR AERIAL SURVEYS OF LARGE AREAS NOT OCCUPIED BY STRUCTURES,
AND LAND SURVEYS TO ESTABLISH BOUNDARIES AND RIGHT-OF-WAY SURVEYS ARE
TO BE PAID FOR AT SALARY COST OF SERVICES PLUS ONE HUNDRED FIFTY
(150%) PERCENT OF SUCH COSTS. SUB-CONTRACT AND NON-LABOR ITEMS TO
BE PAID FOR AT INVOICE COST PLUS TEN (10%) PERCENT.
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(4) ADDITIONAL COPIES OF REPORTS, PLANS AND SPECIFICATIONS ABOVE THE FIRST
TEN (10) SETS ARE TO BE PAID FOR AT INVOICE COST OF REPRODUCTION
PLUS TEN (10%) PERCENT.
(5) INVESTIGATIONS INVOLVING DETAILED CONSIDERATION OF OPERATION, MAINTENANCE
AND OVERHEAD EXPENSES; AND THE PREPARATION OF RATE SCHEDULES, EARNING
AND EXPENSE STATEMENTS, FEASIBILITY STUDIES, APPRAISALS, VALUATIONS AND
MATERIAL AUDITS OR INVENTORIES REQUIRED TO PERMIT THE OWNER'S
CONSIDERATION OF ACQUISITION OR FOR CERTIFICATION OF FORCE ACCOUNT
CONSTRUCTION TO BE PERFORMED BY THE OWNER SHALL BE PAID FOR AT SALARY
COST PLUS ONE HUNDRED FIFTY (150%) PERCENT WITH NON-LABOR AND SUB-CONTRACT
ITEMS PAID FOR AT INVOICE COST PLUS TEN (10%) PERCENT.
(6) EXTRA TRAVEL EXPENSE REQUIRED OF THE ENGINEER BETWEEN THE OFFICE OF
THE ENGINEER AND POINTS OTHER THAN THE SITE OF THE PROJECT, WHEN
SPECIFICALLY AUTHORIZED BY THE OWNER, TO BE PAID FOR AT SALARY COST OF
SERVICES PLUS ONE HUNDRED (100%) PERCENT WITH TRAVEL AND LIVING EXPENSES
PAID FOR AT INVOICE COST PLUS TEN (10%) PERCENT.
"
(7) ASSISTANCE TO THE OWNER AS EXPERT WITNESS IN ANY LITIGATION WITH
THIRD PARTIES TO BE PAID FOR AT SALARY COST OF SERVICES PLUS ONE HUNDRED
(100%) PERCENT WITH NON-LABOR ITEMS ADDED AT INVOICE COST PLUS
(10%) PERCENT.
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IISALARY COST" IS DEFINED AS THE COST OF SALARIES OF ENGINEERS, DRAFTSMEN,
STENOGRAPHERS, SURVEYMEN, CLERKS, LABORERS, ETC., FOR TIME DIRECTLY CHARGEABLE
TO THE PROJECT PLUS SOCIAL SECURITY CONTRIBUTION, UNEMPLOYMENT, EXCISE AND
PAYROLL TAXES, EMPLOYMENT COMPENSATION INSURANCE, RETUREMENT BENEFITS, MEDICAL
AND INSURANCE BENEFITS, SICK LEAVE, VACATION AND HOLIDAY PAY APPLIED THERETO.
FOR THE PURPOSE OF THIS AGREEMENT, SALARY COST SHALL BE ESTABLISHED AS PAYROLL
COST PLUS FIFTEEN (15%) PERCENT.
ARTICLE IV TIME & CONDITIONS OF PAYMENTS TO THE ENGINEER
SCHEDULED FEES:
tHE FEES PRESCRIBED UNDER ARTICLE I I FOR THE SCHEDULED FEES FURNISHED AS
DESCRIBED UNDER ARTICLE I SHALL BE PAID FOR AS FOLLOWS:
(A) PRELIMINARY PHASE: THE FEE FOR THE PRELIMINARY PHASE OF THE PROJECT
SHALL BECOME DUE AND PAYABLE TO THE ENGINEER UPON SUBMISSION TO THE
OWNER OF THE WRITTEN REPORT, AND UPON HIS ACCEPTANCE, WHICH SHALL
TAKE PLACE WITHIN THIRTY (30) DAYS AFTER SUBMISSIDN OF SATISFACTORY
AND ADEQUATE INFORMATION.
(B) DESIGN PHASE: THE FEE FOR THE DESIGN PHASE OF THE PROJECT AS ORDERED
BY THE OWNER SHALL BECOME DUE AND PAYABLE UPON PRESENTATION OF THE
COMPLETED CONTRACT DOCUMENTS TO THE OWNER. THIS PAYMENT SHALL BE
ADJUSTED AS NECESSARY WITH THE ACTUAL COST OF CONSTRUCTION.
(C)
PROJECT ADMINISTRATION:
DUE AND PAYABLE MONTHLY
COMPLETED.
THE FEE FOR PROJECT ADMINISTRATION SHALL BECOM~
IN PROPORTION TO THE AMOUNT OF CONSTRUCTION
NON-SCHEDULED FEES:
THE FEES PRESCRIBED UNDER ARTICLE I I I FOR THE NON-SCHEDULED SERVICES FOR
CONSTRUCTION OR ADDITIONAL SERVICES REQUIRED BY THE OWNER SHALL BE PAID FOR
MONTHLY AS SUCH SERVICES ARE FURNISHED.
CONDITIONS:
SHOULD THE OWNER FAIL TO MAKE PAYMENT TO THE ENGINEER OF THE SUM NAMED IN ANY
PARTIAL OR FINAL STATEMENT WHEN PAYMENT IS PAST DUE AND STATEMENTS HAVE BEEN
RENDERED FOR MORE THAN THIRTY (30) DAYS, THEN THE OWNER SHALL PAY TO THE ENGINEER
IN ADDITION TO THE SUM SHOWN AS DUE BY SUCH STATEMENT, INTEREST THEREON AT THE
RATE OF TEN (10%) PERCENT PER ANNUM FROM THE DATE DUE, AS PROVIDED HEREIN, UNTIL
FULLY PAID, WHICH SHALL FULLY LIQUIDATE ANY INJURY TO THE ENGINEER ARISING FROM
SUCH DELAY IN PAYMENT, BUT THE RIGHT IS EXPRESSLY RESERVED TO THE ENGINEER IN
EVENT PAYMENTS ARE NOT PROMPTLY MADE AS PROVIDED HEREIN AT ANY TIME THEREAFTER
TO TREAT THE AGREEMENT AS TERMINATED BY THE OWNER AND RECOVER COMPENSATION AS
PROVIDED BY THIS AGREEMENT.
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ARTICLE V GENERAL PROVISIONS
THE ENGINEER SHALL UTILIZE THE SERVICES OF LICENSED, COMPETENT AND QUALIFIED
ENGINEERS IN THE PREPARATION OF PRELIMINARY REPORTS, ESTIMATES, PLANS AND
SPECIFICATIONS. THE PRINCIPAL ENGINEERS SHALL GIVE THEIR PERSONAL ATTENTION
TO THE ACCOMPLISHMENT OF EACH PHASE OF THE SERVICE TO BE FURNISHED. FURTHER,
RESIDENT ENGINEERS AND INSPECTORS SHALL BE COMPETENT, QUALIFIED AND
EXPERIENCED MEN MEETING THE APPROVAL OF THE OWNER.
IN THE ADMINISTRATION OR INSPECTION OF THE PROJECT~ THE ENGINEER SHALL ENDEAVOR
TO PROTECT THE OWNER AGAINST DEFECTS AND DEFICIENCIES IN THE WORK OF CONTRACTORS,
BUT DOES NOT GUARANTEE THE PERFORMANCE OF THEIR CONTRACTS. THE ENGINEER WILL
OBTAIN ANY NECESSARY APPROVALS FROM STATE, CITY OR FEDERAL AGENCIES REQUIRING
APPROVAL OF THE PLANS AND SPECIFICATIONS.
ALL SERVICES PERFORMED AND FEES CHARGED UNDER THIS CONTRACT SHALL BE IN FULL
COMPLIANCE WITH THE NATIONAL SOCIETY OF PROFESSIONAL ENGINEER'S MANUAL OF
PROFESSIONAL PRACTICE, 1963 EDITION, AS PUBLISHED BY THE TEXAS SOCIETY
OF PROFESSIONAL ENGINEERS.
SHOULD SERVICES BE REQUIRED WHICH ARE NOT SPECIFICALLY COVERED IN THIS CONTRACT,
THEY SHALL BE PERFORMED AND C~ARGED FOR AS PROVIDED IN THE ABOVE LISTED MANUAL.
THE ENGINEER WILL MAKE, WITHOUT EXPENSE TO THE OWNER, SUCH REVISIONS 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 BY THE OWNER, WHICH INVOLVES EXTRA SERVICES AND EXPENSES
FOR CHANGES IN, OR ADDITIONS TO THE DRAWINGS, SPECIFICATIONS 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 RE-ADVERTISEMENT FOR BIDS OR BY
THE DELINQUENCY 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.
COMPENSATION FOR SUCH EXTRA SERVICES SHALL BE AT SALARY COST PLUS ONE HUNDRED
(100%) PERCENT, PLUS REIMBURSEMENT FOR DIRECT NON-LABOR EXPENSE AND SUBCONTRACT
EXPENSE AT INVOICE COST PLUS A TEN (1~1o) PERCENT SERVICE CHARGE.
ALL DOCUMENTS, INCLUDING REPORTS, ORIGINAL DRAWINGS, ESTIMATES, SPECIFICATIONS,
FIELD NOTES AND DATA ARE TO REMAIN THE PROPERTY OF THE ENGINEER AS INSTRUMENTS
OF SERVICE. THE OWNER WILL BE FURNISHED REPRODUCEABLE COPIES OF DRAWINGS,
AND COPIES OF OTHER DOCUMENTS, IN CONSIDERATION OF WHICH IT JS MUTUALLY AGREED
THAT THE OWNER WILL USE THEM SOLELY IN CONNECTION WITH THE PROJECT, AND NOT FOR
THE PURPOSE OF MAKING SUBSEQUENT EXTENSIONS OR ENLARGEMENTS THERETO, SAVE WITH
THE EXPRESS CONSENT OF THE ENGINEER. RE-USE FOR EXTENSIONS OF THE ORIGINAL
PROJECT, OR FOR NEW PROJECTS, SHALL REQUIRE PERMISSION OF THE ENGINEER AND SHALL
ENTITLE HIM TO fURTHER COMPENSATIONAT A RATE TO BE AGREED UPON BY THE OWNER AND
ENGINEER.
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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; OR (2) FOR A PERIOD
OF 12 MONTHS AFTER THE COMPLETION OF THE SERVICES CALLED FOR EITHER IN
ARTICLE I (A), PRELIMINARY PHASE OR (6) DESIGN PHASE, WHICHEVER MAY BE PERTINENT,
IN CASE CONSTRUCTION IS NOT ~OMMENCED. THE FINAL ACCEPTANCE BY THE OWNER
OF EACH CONSTRUCTION CONTRACT IN THE PROJECT SHALL SERVE AS EVIDENCE OF COMPLETION
ON THE PART OF THE ENGINEER, OF ALL SERVICES UNDER THIS AGREEMENT, INSOFAR
AS THEY PERTAIN TO THAT SECTION OF THE PROJECT.
ARTICLE VI SPECIAL PROVISIONS
SPECIAL PROVISIONS SHALL APPLY TO THIS AGREEMENT AS FOLLOWS:
THE FEE FOR THE CAPITAL IMPROVEMENTS PRELIMINARY REPORT SHALL BE $11,000.00 OF
WHICH $~200.00 WILL BE DUE UPON COUNCIL ACCEPTANCE OF THE REPORT, THE BALANCE
SHALL BE DUE UPON RECEIPT OF FUNDS FOR FINANCING THE IMPROVEMENTS. A CREDIT OF
$3,000.00 IS TO BE ALLOWED FOR THE 1961 REPORT BY THE ENGINEER AND A CREDIT OF
200.00 IS TO BE ALLOWED FOR THE MATERIAL BEING FURNISHED BY THE ENGINEER
UNDER THE COMPREHENSIVE PLANT FOR THE CITY.
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ARTICLE VI I 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 OBLIGATIONS OF THE
PARTIES THEREUNDER, THE OWNER AND THE ENGINEER SHALL SUBMIT SUCH DISPUTE TO
ARBITRATION AS FOLLOWS:
(A) THE OWNER AND THE ENGINEER SHALL EACH APPOINT AN ARBITRATOR, WHO
TOGETHER SHALL SELECT A THIRD ARBITRATOR.
(B) ARBITRATORS SHALL HAVE FULL POWER TO INVESTIGATE SUCH DISPUTE, HEAR
WITNESSES, EXAMINE PAPERS, DRAWINGS AND DOCUMENTS, AND TAKE PROFESSIONAL,
EXPERT OPINION THEREON AND SHALL ARBITRATE AND DECIDE SUCH DISPUTE TO
CARRY OUT THE INTENTIONS OF THE PARTIES AND DO JUSTICE BETWEEN THEM.
SUCH ARBITRATION PROCEDURE SHALL BE A CONDITION PRECEDENT TO ANY
COURT ACTION.
(C) IN THE EVENT ARBITRATORS ARE UNABLE TO AGREE UPON THE SELECTION OF THE
THIRD ARBITRATOR, OR HAVING SELECTED SUCH ARBITRATOR, THE THREE ARBITRATORS
ARE UNABLE TO REACH AN AGREEMENT, THEN THE ARBITRATION SHALL BE CONSIDER-
ED TO HAVE BEEN EXHAUSTED.
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ARTICLE VI I I TERMINATION
THE OWNER MAY TERMINATE THIS AGREEMENT AT ANY TIME BY A NOTICE IN WRITING TO
THE ENGINEER. UPON RECEIPT OF SUCH NOTICE, THE ENGINEER SHALL, UNLESS THE
NOTICE DIRECTS OTHERWISE, IMMEDIATELY DISCONTINUE ALL SERVICES IN CONNECTIONS
WITH THE PERFORMANCE OF THIS AGREEMENT AND SHALL PROCEED TO CANCEL PROMPTLY
ALL EXISTING ORDERS AND CO~TRACTS I~SOFAR AS SUCH ORDERS OR CONTRACTS ARE
CHARGEABLE TO THIS AGREEMENT. As SOON AS PRACTICABLE AFTER RECEIPT OF NOTICE
OF TERMINATION, THE ENGINEER SHALL SUBMIT A STATEMENT, SHOWING IN DETAIL THE
SERVICES PERFORMED UNDER THIS AGREEMENT TO THE DATE OF TERMINATION. THE OWNER
SHALL THEN PAY THE ENGINEER PROMPTLY THAT PROPORTION OF THE PRESCRIBED FEE
WHICH THE SERVICES ACTUALLY PERFORMED UNDER THIS AGREEMENT BEAR TO THE TOTAL
SERVICES CALLED FOR UNDER THIS AGREEMENT, LESS SUCH PAYMENTS ON ACCOUNT OF THE
FEE AS HAVE BEEN PREVIOUSLY MADE. COPIES OF ALL COMPLETED OR PARTIALLY COMPLETED
DESIGNS, PLANS AND SPECIFICATIONS PREPARED UNDER THIS AGREEMENT SHALL BE DELIVER-
ED TO THE OWNER WHEN AND IF THIS AGREEMENT IS TERMINATED, BUT SUBJECT TO
THE RESTRICTIONS, AS TO THEIR USE AS SET FORTH IN ARTICLE V ABOVE.
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WHEN IT IS CONTEMPLATED AND DEFINITELY UNDERSTOOD THAT THE EMPLOYMENT OF THE
ENGINEERS BY THE OWNER FOR THE PREPARATION OF DETAILED PLANS AND CONTRACT
DOCUMENTS IS CONDITIONED UPON THE APPROVAL OF A BOND ELECTION AND THE SUBSEQUENT
SALE OF BONDS FOR THE PURPOSE OF FINANCING THE PROPOSED IMPROVEMENTS BY THE
OWNER AND THE ELECTORATE FAILS TO APPROVE AN ISSUE OF BONDS AT AN ELECTION
HELD WITHIN 12 MONTHS AFTER THE DATE OF THIS AGREEMENT, OR SHOULD A SALE OF
SUCH BONDS IF AUTHORIZED BE NOT EFFECTED WITHIN THE TWELVE (12) MONTHS AFTER
SUCH ELECTION, THEN, AND IN EITHER OF SUCH EVENTS~ THE OWNER MAY AT HIS OPTION
TERMINATE THIS AGREEMENT, UPON PAYMENT OF THE FEE HEREIN PROVIDED FOR SERVICES
IN THE PRELIMINARY PHASE.
ARTICLE 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 PARTY HERETO.
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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 2 COUNTERPARTS EACH OF EQUAL FORCE, ON THE
DAY AND YEAR FIRST ABOVE WRITTEN.
ATTEST:
CITY OF NORTH RICHLAND HILLS
OW N E R
By:
(T I nE)
(T I nE)
By:
GREGORY, KNOWLTON & RATLIFF
(FORMERLY REAVES, GREGORY & KNOWLTON)
CONSULTING ENGINEERS
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