HomeMy WebLinkAbout1956 Reaves & Gregory AgreementREAVES & GREGORY
C O N S U L T I N G
E N G I N E E R S
8932 WEST SEVENTH STREET
P H O N E E D I S O N 11598
FORT WORTH 7. TEXAS
ARTICLES OF AGREEMENT
THIS AGREEMENT, MADE AND ENTERED INTO THIS DAY OF
195 , BY AND BETWEEN THE FIRM OF REAVES & GREGORY, CONSULTING ENGINEERS
OF FORT WORTH, TEXAS, HEREINAFTER CALLED THE ENGINEER, AND
THE CITY OF STEPHENVILLE, TEXAS, ACTING HEREIN BY AND THROUGH ITS
MAYOR
AND CITY
COUNCIL
DULY AUTHORIZED TO ACT, HEREINAFTER
CALLED THE
OWNER.
WITNESSETH:
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:
IMPROVEMENTS AND EXTENSIONS TO THE CITY'S SANITARY SEWERAGE SYSTEM
PAUL C. REAVES PAUL D. GREGORY
P ON2 AR 8.2222 P ON2 NORTHCUFF 2220
ARTICLE I
THE ENGINEER SHALL FURNISH ALL ENGINEERING SERVICES REQUIRED IN THE
DEVELOPMENT AND CONSTRUCTION OF THE PROJECT, WHICH SHALL INCLUDE, BUT
WITHOUT LIMITATIONS, THE FOLLOWING:
SERVICES INCLUDED IN SCHEDULED FEES:
PLANS AND SPECIFICATIONS FIELD SURVEYS FOR DESIGN AND PLANNING
OF STRUCTURES, ARRANGING FOR NECESSARY LABORATORY TESTS
AND SUB -SURFACE EXPLORATIONS TO BE DONE BY OTHERS FOR
THE OWNERS ACCOUNT, PREPARATION OF COMPLETE DETAILED
PLANS AND SPECIFICATIONS WHICH SHALL INCLUDE COMPLETE
STUDIES, ESTIMATES OF COST AND FURNISHING FIVE (5) COPIES OF
CONSTRUCTION PLANS AND SPECIFICATIONS AND CONTRACTUAL
DOCUMENTS FOR BIDDING PURPOSES, ATTENDING BID LETTINGS ON
THE PROJECT, TABULATION OF BIDS AND ENGINEER'S RECOMMENDATIONS.
CONSTRUCTION PHASE CONSULTATION ADVICE AND ADMINISTRATION
OF CONSTRUCTION WHICH IS DEFINED AS PERIODICAL VISITS TO
THE PROJECT BY THE ENGINEER OR A LICENSED ENGINEER
REPRESENTATIVE FROM THE OFFICE OF THE ENGINEER TO CHECK
THE WORK AND INTERPRET THE PLANS, CHECK SHOP AND WORKING
DRAWINGS FURNISHED BY THE CONTRACTOR, SUPERVISE AND
REVIEW LABORATORY, MILL AND SHOP TESTS, ASSIST IN CHECKING
AND TESTING EQUIPMENT, COORDINATION OF THE PROJECT AND
PREPARATION OR CHECKING OF CONTRACTOR'S ESTIMATES TO BE
USED FOR INTERMEDIATE AND FINAL PAYMENT FOR MATERIAL
FURNISHED AND WORK PERFORMED AS SPECIFIED. REVISION
OF CONSTRUCTION DRAWINGS TO SHOW THE PROJECT AS BUILT.
CONSTRUCTION SERVICES OTHER THAN TECHNICAL ENGINEERING:
THE FOLLOWING SERVICES ARE CONSIDERED CONSTRUCTION, RATHER
THAN ENGINEERING COSTS AS DISTINGUISHED FROM THE GENERAL
TECHNICAL SUPERVISION OF CONSTRUCTION WHICH IS AN
ESSENTIAL PART OF THE ENGINEERING SERVICE. IF THE OWNER
HAS A QUALIFIED TECHNICAL STAFF, NOT OTHERWISE OCCUPIED,
HE MAY PERFORM THESE SERVICES. IF THE ENGINEER IS TO
FURNISH SUCH SERVICES, THEY SHALL BE CHARGED FOR AS
DESCRIBED UNDER ARTICLE III.
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(A) SHOP, MILL OR LABORATORY INSPECTION OF MATERIAL AND
EQUIPMENT; SAMPLING AND LABORATORY ANALYSIS OF WATER.
(B) TEST BORINGS AND OTHER SUB -SURFACE EXPLORATION AND
RELATED LABORATORY ANALYSIS.
(C) TOPOGRAPHIC SURVEYS OF LARGE AREAS NOT OCCUPIED
BY STRUCTURES.
(E) WITNESS IN LITIGATION WITH THIRD PARTIES.
(F) TRAVEL EXPENSE BETWEEN THE HOME OFFICE OF THE
ENGINEER AND POINTS OTHER THAN THE SITE OF THE PROJECT
WHEN SPECIFICALLY AUTHORIZED BY THE OWNER.
ARTICLE II
THE ENGINEER SHALL FURNISH ALL OF THE SERVICES LISTED IN ARTICLE I,
UNLESS SPECIFIC SERVICES ARE DELETED AND SUCH DELETIONS ARE INITIALED BY
AN AUTHORIZED REPRESENTATIVE OF BOTH OWNER AND ENGINEER.
THE ENGINEER WILL UTILIZE THE SERVICES OF LICENSED AND 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.
THE ENGINEER WILL OBTAIN ANY NECESSARY APPROVALS FROM STATE, CITY OF
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
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GUIDEBOOK ON ENGINEERING FEES AND SALARIES, 1952 EDITION.
SHOULD SERVICES BE REQUIRED WHICH ARE NOT SPECIFICALLY COVERED IN THIS
CONTRACT, THEY SHALL BE PERFORMED AND CHARGED FOR AS PROVIDED IN THE ABOVE
LISTED GUIDEBOOK.
ARTICLE III T
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THE OWNER AGREES TO PAY THE ENGINEER AT THE 0.
A FEE FOR THE SERVICES REQUIRED IN ACCORDANCE WITH THE
FOLLOWING SCHEDULE.
DETAILED PLANS AND SPECIFICATIONS @ 4% OF CONSTRUCTION COSTS IF
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C ONSTRU TED BY CONTRACT, OR
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CONSTRUCTION PHASE (GENERAL SUPERVISION AND AS BUILT PLANS)
@ 2� OF THE COST OF CONSTRUCTION IF DONE BY CONTRACT, OR THE
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s
(DETAILED INSPECTION) DETAILED INSPECTION MAY BE FURNISHED BY
THE CITY'S FORCES WITH THE UNDERSTANDING THAT DAILY REPORTS
LISTING THE QUANTITIES AND LOCATION OF WORK CONSTRUCTED WILL BE
FURNISHED TO THE ENGINEER DAILY ON FORMS PROVIDED BY THE ENGINEER
TO PERMIT THE REVISION OF THE PLANS TO SHOW THE PROJECT AS BUILT.
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(DETAILED INSPECTION) DETAILED INSPECTION SERVICES MAY BE
FURNISHED BY THE ENGINEER AT THE ACTUAL PAYROLL COST OF SUCH
SERVICES.
ARTICLE IV
CONSTRUCTION SERVICES OTHER THAN TECHNICAL ENGINEERING SERVICES COVERED
BY THE FEE BASIS SHALL BE PAID FOR AS FOLLOWS;
(A) SHOP, MILL OR LABORATORY INSPECTION OF MATERIAL AND
EQUIPMENT; SAMPLING AND LABORATORY ANALYSIS OF WATER TO
BE PAID FOR AT INVOICE COST.
(B) TEST BORINGS AND OTHER SUB -SURFACE EXPLORATION AND RELATED
LABORATORY ANALYSIS TO BE PAID FOR AT INVOICE COST.
(C) TOPOGRAPHIC SURVEYS OF LARGE AREAS NOT OCCUPIED BY
STRUCTURES TO BE PAID FOR AT INVOICE COST.
(6) WITNESS IN LITIGATION WITH THIRD PARTIES TO BE PAID FOR
AS PROVIDED BY SEPARATE AGREEMENT WHEN REQUIRED, BUT NOT LESS
THAN THE MINIMUM FEES AS ESTABLISHED BY THE NATIONAL SOCIETY OF
PROFESSIONAL ENGINEERS.
(H) TRAVEL EXPENSE BETWEEN THE HOME OFFICE OF THE ENGINEER
AND POINTS OTHER THAN THE SITE OF THE PROJECT WHEN SPECIFICALLY
AUTHORIZED BY THE OWNER TO BE PAID FOR AT THE DIRECT SALARY
COST OF SERVICES, PLUS 25% OF SUCH COSTS. NON LABOR ITEMS
TO BE PAID FOR AT INVOICE COST.
I ARTICLE V
1
FEES FOR PLANS AND SPECIFICATIONS SHALL BECOME DUE AND PAYABLE UPON
PRESENTATION OF SAID PLANS AND SPECIFICATIONS BY THE ENGINEER. THE FEE
CHARGED WILL BE BASED ON THE ENGINEERS REVISED ESTIMATE OF COST OF CONSTRU-
CTION AND WILL BE ADJUSTED AS NECESSARY WITH THE ACTUAL COST OF CONSTRUCTION
OF THE PROJECT AS BUILT, OR SHALL REMAIN BASED ON THE ENGINEERS ESTIMATE,
5 of 8
IF THE PROJECT IS BUILT BY CITY'S FORCES. A CREDIT OF $1 ,000.00 SHALL BE
APPLIED TO THIS FEE AS A PARTIAL CREDIT FOR THE FURNISHING OF THE COMPLETE
PRELIMINARY ENGINEERING REPORT BY THE CITY.
THE FEE FOR CONSTRUCTION PHASE OR GENERAL SUPERVISION AND AS BUILT PLANS
SHALL BE COME DUE AND PAYABLE MONTHLY IN PROPORTION TO THE AMOUNT OF CONSTRUCTION
COMPLETED. THE BALANCE OF THE CREDIT TO BE ALLOWED FOR THE PRELIMINARY
ENGINEERING REPORT, OR AN AMOUNT OF $1 ,000.00, SHALL BE CREDITED MONTHLY AS
THE PROJECT IS CONSTRUCTED IN PROPORTION TO THE AMOUNT OF CONSTRUCTION COMPLETED.
IN THE ALLOWING OF THE CREDIT AS STATED ABOVE, IT IS MUTUALLY UNDERSTOOD.
THAT THE GENERAL LOCATION AND DESIGN OF THE SEWERS HAS BEEN DETERMINED BY THE
PRELIMINARY REPORT AND THAT THERE REMAINS ONLY THE DETAIL DESIGN, PLANNING AND
EXACT LOCATION OF THE VARIOUS PARTS OF THE PROJECT. SHOULD SPECIFIC VARIATIONS
FROM THE REPORT BE REQUESTED BY THE OWNER, THE ENGINEERING STUDIES REQUIRED SHALL
BE PAID FOR IN ADDITION TO THE FEES LISTED IN ARTICLE III ABOVE AT ACTUAL COST.
IF DETAILED INSPECTION IS REQUIRED TO BE FURNISHED BY THE ENGINEER, THE
ENGINEER SHALL BE REIMBURSED FOR SUCH COSTS MONTHLY AS THE COSTS ARE INCURRED.
ARTICLE VI
THE FOREGOING FEES SHALL BE BASED UPON THE FINAL COST OF CONSTRUCTION, BUT
SAID COST SHALL NOT INCLUDE ANY ATTORNEYS OR ENGINEERS FEES OR COST OF LAND.
FEES SHALL BE BASED UPON THE ENGINEERS ESTIMATE OF COST OF CONSTRUCTION
IN THE EVENT THE PROJECT IS NOT CONSTRUCTED.
ARTICLE VII
THE OWNER MAY TERMINATE THIS CONTRACT AT ANY TIME AND FOR ANY CAUSE
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 AND WORK AND THE PLACING OF ALL ORDERS OR THE
ENTERING INTO CONTRACTS FOR SUPPLIES, ASSISTANCE, FACILITIES, AND MATERIALS
IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT AND SHALL PROCEED TO
CANCEL PROMPTLY ALL EXISTING ORDERS AND CONTRACTS INSOFAR AS SUCH ORDERS
OR CONTRACTS ARE CHARGEABLE TO THIS CONTRACT.
IF THE CONTRACT BE TERMINATED DUE TO THE FAULT OF THE ENGINEER, NO
FURTHER PAYMENTS ON ACCOUNT OF THE FEE WILL THEREAFTER BE MADE, EXCEPT
FOR SERVICES THERETOFORE PERFORMED WHICH ARE OF VALUE TO THE OWNER.
IF THE CONTRACT IS TERMINATED DUE TO NO FAULT OF THE ENGINEER, THE ENGINEER
WILL BE PAID PROMPTLY THAT PROPORTION OF THE PRESCRIBED FEE WHICH THE WORK
ACTUALLY PERFORMED UNDER THIS CONTRACT BEARS TO THE TOTAL WORK CALLED FOR
UNDER THIS CONTRACT, LESS SUCH PAYMENTS AS HAVE PREVIOUSLY BEEN MADE, AND
LESS ANY AMOUNT DUE TO THE OWNER BY REASON EITHER OF ANY PRIOR DEFAULT
OF THE ENGINEER, OR OTHERWISE.
ALL COMPLETED OR PARTIALLY COMPLETED DESIGNS, PLANS, AND SPECIFICATIONS
PREPARED UNDER THIS CONTRACT SHALL BECOME THE PROPERTY OF THE OWNER, WHEN
AND IF THE CONTRACT IS TERMINATED.
ARTICLE VIII
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 ASSIGNY SUBLET, OR TRANSFERI!HIS INTERESTS IN THIS
7oF8
AGREEMENT WITHOUT THE WRITTEN CONSENT OF THE OTHER.
FULL PERFORMANCE: THE OWNER AND THE ENGINEER HEREBY AGREE TO THE
FULL PERFORMANCE OF THE COVENANTS CONTAINED HEREIN.
ARTICLE IX
IN WITNESS WHEREOF, THE PARTIES HEREBY HAVE SET THEIR HANDS AND SEALS
THIS DAY AND YEAR FIRST ABOVE WRITTEN.
THE ENGINEER
RE
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ATT EST :
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G-FYY SECRETARY
THE OWNER