38-06 R - Authorizing Engineering ContractRESOLUTION AUTHORIZING ENGIhE6ER;S CONTRACT.
THrEREAS, the Hoard of of the City
Of o nerr , Texas, (Owner) has approved a form of
engine7JXng contract with Joe J. Rady, Engineer, of Fort Worth,
Texas, for design and supervision of the construction of im-
provements of the project for which an allocation of funds has
been made by the Public Works Administration under P. W. A.
Docket No. TLK-1370-F
NOW, THEREFORE, BE IT RESOLV-aD, That
U. N. Clary, Mayor, be authorized and instructed to sign
said contract with said Engineer for and in the name of said
Owner, and the City Secretary be authorized and instructed to
attest said contract under the seal of se:_c Pnard and forward
to the hegional Director of the P. ". L., thrr-e (E) certified
copies of said contract for his approJal.
CERTIFICATE OF CITY SECRE A[,Y
I hereby certify that the above and foregoing
Resolution is a true and correct copy of a Resolution intro-
duced at a (regular) (called) meeting of the Board of Commissioners
of the City of Pr/osper _._ ,(Owner)
held on I 1 3 b, 1"8, at which the following members
of said o``erd re present•• and voted as follows:
AYE
AYE AXE
ti AYE .�.�c.e-L��dlr� AYi.
AYE r. _.... -.._ ._ _.._.._ NAY -1 \
(c E A L)
CT-Y OF
Gir'0� .JRE
L
ETIGINEER'S CONTRACT
PWA Docket No. TEX-1370-F
City of
THE STATE OF TEXAS
COUNTY OF Calllp._ �y
THIS AG.IEEMENT made the 114 day of in
the year Nineteen Hundred and Tbirty-eight, by a etween
the City of Proan L Collin County,
Texas, acting ere..n bq and through U N. Clan. ,Mayor
of said City, duly authorized so to act, herel after called
the Owner, and Joe J. Rady of Fcrt Worth, Texas, hereinafter
called the En.-ineer.
WITTIESZETH, that whereas the Owner intends to con-
struct certain Waterworks improvements.
N01% THEREFORE, the Owner and the Engineer, for
the considerations hereinafter named, agree as follows:
The Engineer agrees to perform, for the above
named work, professional services as hereinafter set forth.
The Owner agrees to pay the Zngineer for such
services a fee of _y_ percent of the cost of the work,
with other payments as hereinafter provided.
The parties hereto further agree to the following
conditions:
(1). The Engineer's Services: -The Engineer's pro-
fessional services consist of the necessary conferences,
the preparation of preliminary studies, working drawings,
specifications, large scale and full size drawings, the
drafting of forms of proposals and contracts; the issuance
of certificates of payment; the keeping of accounts, the
general administration of the business and supervision of
the work.
(2). Payments: -Payments to the Engineer on ac-
count of his fee shall be made as follows:
Should the Owner require revision of plans and/or
specifications after same have onoc been approved, then
the Owner will pay to the Engineer thr, entire cost of such
revision of plans and/or specifications (such cost to in-
clude overhead) pin v, of such coct, to reimburse the
Engineer for the nraparation of such revised plans and/or
specifications.
Upon letting of the contract for construction of
the system, a sum ee_ual to 50% cf the basic rate of com-
mission computed upon the contract costs.
From time to time during the execution and pro-
gress of the work, payments shall be made on the remainder
of the fee, in proportion to the completed work, on the
basis of contractor's estimates, until the aggregate of all
payments made on account of the fee under this agreement,
shall be a sum eo_ual to the rate of commission arising from
this agreement, computed upon the final cost of the work.
Payeac is to the Engineer for inssae_ctor service,
shall fall due from time to time as such cost is incurred.
No daduc.tions shall be laado from the Engineer's
fee on account of penalty, liquidated damages, or other sums
withheld from payments to contractors.
(3). Supervision of the Work: -The Engineer will
endeavor to guard the Owner against defects and deficiencies
in the work of contractors, but he does not guarantee the
performance of their contracts. The supervision of an
Engineer is to be distinguished from the continuous personal
superintendence to be obtained by the employment of an
inspector.
The Engineer agrees that he will employ a com-
petent inspector, who shall give full, complete, and ade-
quate supervision of construction, and the Owner agrees to
contribute $ 35.00 _ per week to the salary of such in-
spector during the time he is employed on this project.
(4). Preliminary Estimates: -Then requested to do
so, the Engineer will furnish preliminary estimates on the
coat of the work, but he does not guarantee the accuracy
of such estimates.
ihw
(5). Definition of the Cost of the Work: -The
cost of the workas herein referred to, means the cost
to the Owner, but such cost shall not include any attorney's
or engineer's fees or salary of inspector or cost of the
land.
(6). Ownership of Documents: -Drawings and speci-
fications as instruments of service are the property of
the Engineer whether the work for which they are made be
executed or not.
The Engineer will, however, doliver to the Owner,
three (3) sets of plans and specifications at his own
expense. Additional sets will be furnished the Owner at
his request a-.d without cost to the Owner other than the
direct expense of producing the copies, specifications,
blue prints of drawings and copies of other documents re-
lating to the work which the Owner may require for his
use or record.
(7). Successors and P...ssi6nments:-The Owner and
the Engineer each binds himself', his partners, successors,
executors, administrators, and assigns to the other party
to this agreement, and to the partners, successors, exe-
cutors, administrators, and assigns of such other party
in respect of all covenants of this agreement. Except as
above, neither the Owner, nor the Engineer, shall assign,
sublet or transfer his interests in this agreement without
the written consent of the other.
(8). Compliance with PTA Regulations: -The
Engineer agrees that he will fully comply with the rules
and regulations of tho Public Torks Ad,ainistration, as
directed by too Regional Director.
Full performance: -The Owner and the Engineer hereby
agree to the full performance of the covenants contained
herein.
(9). This contract is made and executed in lieu
of that certain contract entered into bet•soen the parties
hereto under date of , 193_, which is
in all things suporcoded by this contract.
IN TESTIMONY THEREOF, they have executed this
agreement, the day and year first above written.
(SEAL)
ATTEST:
`sec e ary �
Ci y
City of Propper, Texas
By >2��g /
;ayor (owner