50-76 Ordinance
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RECORD OF ORDINANCES
National Graphics Corp., Cols., O. ~ Form No. 2806-A
Ordinance No. n@..l~nnn Passednm __m~_....t_~____~_t _m_________19_JIo _
AN ORDINANCE APPROVING AND ACCEPTING
AN AGREEMENT BETWEEN THE VILLAGE OF
DUBLIN AND BURGESS AND NIPLE, LTD.,
FOR ENGINEERING SERVICES.
BE IT ORDAINED by the Council of the Village of Dublin, Ohio S
of the elected members concurring, that:
SECTION 1. The "Agreement between the Village of Dublin, Ohio and
Burgess and Nip1e, Limited, Consulting Engineers Columbus, Ohio for Engineer-
ing Services," a copy of which is attached hereto, marked exhibit A and made
a part hereof, is, here by approved and accepted, and, the Mayor, Village
Administrator, and Clerk-Treasurer be, and they are hereby, directed to exe-
cute said agreement on behalf of the Village of Dublin.
SECTION 2. That this Ordinance will take effect and be enforced fro
and after the earliest period a1 lowed by law.
.;(\ - , 1976.
Passed th i s day of c.J..J.J1::
t4
Jl~7V, ~
Mayo r-_Pres i ding
ATTEST:
..:.{~~ ~
Clerk Treasurer
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AGREE:ffiNT BETI~EEN
THE VILLAGE OF DUBLIN, OHIO
AND
BURGESS & NIPLE, LUlITED, CONSULTING ENGINEERS
COLlJHBUS, OHIO
FOR
ENGINEERING SERVICES
This Agreement made and entered into this ~, day of J oJ ,.., 6- ,
1976, by and between the Village of Dublin, Ohio, Party of the First Part,
hereinafter designated as the "Village" and Burgess & Niple, Limited,
Consulting Engineers, Columbus, Ohio, Party of the Second Part, hereinafter
designated as the "Engineers."
WITNESSETH: That the Village has a need for professional engineering
services and
HHEREAS, the Engineers desire to furnish engineering services;
NOH, THEREFORE, in consideration of these premises and the mutual ~.
covenants hereinafter set forth, and until this Agreement is terminated
upon sixty (60) days notice in writing by either party hereto, provided
that the engineer will be obligated to complete any authorized engineering,
it is agreed as follows:
SECTION I - GENERAL SERVICES
The Engineers shall assist the Village when so authorized, such as
attendance at regular and special meetings of the Council, and advising
the Village from time to time on any repairs, work, or improvements.
SECTION II - STUDIES, I~vESTIGATIONS, A~~ REPORTS
A. The Engineers agree to furnish and perform the various professional
engineering services necessary to make investigations, studies, prepare
reports, review, and supplement any previous studies and reports ror projects
so authorized by the Village. Such professional engineering services shall
be perforTIed only to the extent, scope, and detail as authorized bv the
Village.
B. The Engineers shall submit a total of four (4) copies or completed
studies and/or reports to the Village. Additional copies to be furnished
at actual cost of reporduction.
C. The Engineers shall assist the Village in securing approval of n~ports
by such governmental a'.lthorities as have jurisdiction over the project.
SECTION III - DETAILED PLk~S, SPECIFICATIONS, A1~ ESTIMATES OF COST
When authorized to do so by the Village, the Engineers agree to provide
the necessary professional services required for the preparation of detailed
plans, specifications, and estimates of cost of all public improvements
undertaken by the Village as follows:
1. Supervise all field survey work required to determine elevations
and location of proposed improvements.
2. Prepare detailed plans, specifications, bidding documents, and
estimates of cost for the improvement. Furnish four (4) complete
copies of all detailed plans, specifications, and estimates of
cost. Mylar copies of all plans prepared will be furnished to
to the Village.
3. Prepare necessary plans and data for submission to regulatory
agencies and assist the Village in obtaining approval of the
detailed plans and construction work undertaken.
SECTION IV - ENGINEERING SERVICES DURING CONSTRUCTION "
When authorized by the Village, the Engineers shall provide the following
services:
A. Imen authorized, the Engineers agree to provide the necessary pro-
fessional services required for engineering services during construction
of the public project or projects by the Village.
B. Assist the Village at contract lettings, tabulate proposals and report
same to the Village with recommendations for award. Assist the Village in
making awards for construction, and the preparation of contract documents.
C. The Engineers shall make periodic visits to the site to observe the pro-
gress and quality of the executed work and to determine in general if the
work is proceeding in accordance \vith the contract drawings and specifica-
tions for public improvements by the Village. They will not be required to
make exhaustive or continuous on-site inspections to check the quality or
quantity of the work. They will not be responsible for the construction
means, methods, techniques, sequences or procedures or the safety precautions
incident thereto. They will keep the Village informed of the progress of
the work, will endeavor to guard the Village against defects and deficiencies
in the Hork of the contractor, and may recommend disapproval or rejection
of Hork as failing to conform to the contract docu~ents.
D. Coordinate the wo~k of laboratories in the testing and inspection of
materials entering into the construction and receive all reports by such
laboratories or bureaus on the material tested for approval or rejection.
The cost of all such tests and inspection of materials by laboratories, if
any, shall be paid by the Village in all cases where specifications do not
specifically require payment to be made by the contractor.
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E. The Engineers shall prepare routine change orders as required; assist
the Village in the interpretation of the plans and specifications; review
the contractor's applications for payment and supporting data to determine
the amount owed to the contractor and recommend, in writing, payment to the
contractor in such amounts. They will conduct a final inspection of the
project and recommend, in writing, final payment to the contractor.
F. The Engineers shall not be responsible for the acts or omissions of the
contractor, subcontractor or any of the contractor's or subcontractor's
agents or employees or any other person performing any of the work under the
contruction contract.
SECTION V - ADDITIONAL SERVICES
When authorized to do so by the Village, the Engineers shall perform
the following additional services:
1. Line, grade, topographic field surveys, and photogrammetry,
including the plotting of notes in the office.
2. Field surveys of existing structures and utilities.
3. Calculations of special assessments.
4. Preparation of rate studies, rate schedules, and industrial
cost recovery rate schedules for utility service.
S. Procuring permits, easements, or rights-of-way.
6. Furnishing models, perspectives, and exhibition drawings,
7. Preparation of applications and supporting documents for
government grants or advances for public works projects.
8. Engineering analysis, layout, and evaluation of alternate
designs authorized by the Village.
9. Processing significant changes in the general scope or design
of an approved project.
10. Revisions in the plans and/or documents resulting from delays
beyond the control of the Engineers.
11. Subsurface borings or underground investigations or explorations.
12. Revision or plans to reflect "as built" construction.
13. Preparation of Operation and Maintenenace manuals.
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14. Specialized traffic studies.
15. Environmental studies.
16. Furnish any other services to the Village as may be required
and duly authorized by the Village.
It is understood that the Engineers shall perform such services with
their own regularly employed personnel as applicable, or shall employ others
to perform such services when needed and when authorized.
SECTION VI - RESIDENT PROJECT SERVICES
When authorized, one or more full time Resident Inspectors will be
furnished by the Engineers in order to provide more extensive representation
at the project site during the construction phase. The furnishing of such
Resident Inspector shall not make the Engineers responsible for the contrac-
tor's failure to perform the construction work in accordance with the contract
drawings and specifications. Resident inspection service will be furnished
for projects other than those prepared by the Engineers for minimum intervals
of thirty (30) calendar days.
SECTION VII - PAY}lliNT
The Village agrees to pay the Engineers as compensation for professional
engineering services on the following basis:
l. For services rendered under SECTIONS I, II, III, IV, V, and VI on
the basis of 2.0 times payroll costs, plus reimbursable expenses.
For design projects where the scope can be accurately defined, an
agreement can be made to establish an amount not to be exceeded
unless authorized by the Village.
2. It is understood that if the Engineers employ others to perform
services, in accordance with the terms of SECTION V, the fee paid
the Engineers by the Village for such services by others shall be
the actual cost invoiced by others to the Engineers, plus six percent.
3. It is understood and agreed to by the parties hereto that for the
purpose of this Agreement, payroll costs are defined as including
wages and/or salaries or imputed salaries, plus a percentage of
such items as Federal Insurance Contribution Act Taxes, Federal
Unemployment Taxes, State Excise Taxes, State Workmen's Compensa-
tion, vacation time, sick leave, holidays, group insurance, bonuses,
retirement benefits, etc. The percentage to be used in calculating
direct payroll costs is agreed to be 26% for services performed
during 1976. Thereafter, such payroll percentage shall be as
indicated by an annual audit of the books of the firm for this purpose.
It is understood and agreed to by the parties hereto that the imputed
salaries for firm members shall be $20.00 per hour.
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4. Reimbursable expenses shall mean the ~ctual expenses of transporta-
tion and subsistence of principals and employees of the Engineers
for normal services incidental thereto when traveling in connection
with the project; reproduction of reports, drawings and specifi-
cations and other similar project related items; expense of computer
time including an appropriate charge for previously established
programs; and, if authorized in advance by the client, expense
of overtime work requiring higher than regular rates; and similar
related items.
SECTION VIII
The Village will provide all legal services, land title research, land
surveying and other services as indicated to assure title and access as re-
quired for all property, land and water rights, easements and rights-of-way,
and assume all responsibility for clearance of such titles.
It is expressly understood and agreed that in the performance of their
services under this Agreement, the Engineers shall act as agents of the Village.
In the event the Engineers, upon approval of the Village, prepare detailed
plans for other persons or corporations seeking project approval in the Village,
then and in that event, the Village shall employ a different Engineer to examine
or review and take action on behalf of the Village with respect to such plans.
SECTION IX - SIGNATURES
The Village and the Engineers have bound themselves, their members, suc-
cessors, executors, administrators, and assigns to the other party of this
Agreement and to the members, successors, executors, administrators, and assigns
of the other party in respect to all covenants in this Agreement. Neither the
Village nor the Engineers shall assign, sublet, or transfer their interest in
this Agreement without the written consent of the other party thereto.
IN WITNESS WHEREOF, the parties have hereunto affixed their hands and
seals this fl.l~1' day of -:J'..J ...Ih , 1976.
DUBLIN, OHIO BURGESS & NIPLE, LIMITED
By By-AJ~LLIJ ~ " t~
Hayor Manager ~
By_____ By ~lA_ ~~ ~~
Village Administrator Hanager
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Ey_'~t~ ~ By -!J;;I/;~yU~ !lI/vu,,-,/
Clerk-Treasurer Project Dir;ttor
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