73-76 Ordinance
RECORD OF ORDINANCES
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National Graphics Corp,. Cols,. O. ~ Farm No, 2806-A
Ordinance No.___2:_.._7_~m__ZS p assedm-m_mNO-'l-t---m~97-6-nn---hn-19 ----- --
AN ORDINANCE APPROVING A SUBAGREEMENT
BETWEEN THE VILLAGE OF DUBLIN, OHIO
AND BURGESS & NIPLE LIMITED, CONSUL-
t, TING ENGINEERS FOR ENGINEERING SERVICES:
l AND DECLARING AN EMERGENCY.
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WHEREAS, THE VILLAGE desires the Engineers to prepare detai led
p I an s, specifications and estimates of cost for an interceptor
sewer along the west side of the Scioto River from North Street
north to the existing lift station serving Muirfield Vi Ilage,
including a subtrunk sewer to serve the River Forest Subdivision
and col lector sewers to serve the River Forest Subdivision, and
WHEREAS, in order to be eligible to receive a federal grant
under the Federal Water Pollution Control Act. , Amendment of 1972,
it is necessary to comply with the U.S. Environmental Pr otect i on
Agencys' construction grant regulations, concerning subagreements
with, the Engineers.
NOW THEREFORE, BE IT ORDAINED, by the Counci I of the Vii lage of
Dubl in, State of Ohio, ~ of the elected members concurring:
SECTION I . The attached agreement marked Exhibit A and made a
part thereof, is hereby approved and accepted, and the Mayor IS
hereby directed to execute said agreement on behalf of the Vi I lage
D of Dublin.
SECTION 2. That this Ordinance be, and the same hereby IS, de-
clared to be an emergency measure necessary for the immediate
I preservation of the publ ic peace and safety and for the further
I reason that the engineering for this project should be completed
I as soon as possible so that the Vi I lage can be i n pos it i on to
apply for a construction grant as soon as possible and that this
I Ordinance shal I take effect and be in force immediately upon its
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passage.
Passes this~day of No..} , 1976
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I President Pro-Tempore tI
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I ATTEST:
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I Clerk-Treasurer
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AGREB-U:~"T BETi\EEX
VI~AGE OF DDBLI~, OliIO
~~D
BURGESS .& ~IPLE, LIMITED, CO~SL~TIXG ENGI~~ERS
FOR
ENGINEERING SERVICES
r~ This Agreement made at Dublin, Ohio this h'"\ day of ~o\SOot\Pu"" ;.
'1976, by and between the Village of Dublin, Ohio, Party of the First Part,
.., hereinafter designated as the tl();roertl and Burgess & Niple, Limited, Consulting
Engineers, Columbus, Ohio, Party of the Second Part, hereinafter designated
as the "Engineers".
llliEREAS, the Village desires the Engineers to prepare detailed plans,
specifications, and esti~ates of cost for an interceptor sewer along the
west side of the Scioto River froo North Street north to the existing lift
station serving Muirfield Village, including a sub trunk sewer to se~.e the
River Forest Subdivision and collector sewers to serve the River .Forest
Subd~vision, and
't.'HEREAS , in order to be eligible to receive a federal grant under the
Federal ~ater Pollution Control Act Amendcent of 1972, it is necessary to
comply with the U. S. Environmental Protection Agency's construction grant
regulations, concerning subagreecents with the Engineers.
Nmol, THEREFORE, in consideration of these premises and the mutual
covenants hereinafter set forth, it is agreed as follows;
SECTIO~ I - DETAIL,P~\S .
't.~en authorized by the ~~er, the Engineer shall prepare detail plans,
specifications and estimates of cost for an.interceptor sewer along the
n west side of the Scioto River from North Street to the existing lift station
at Muirfield Village, including a sub trunk sewer to serve the River Forest
U Subdivision and collector sewers to serve the River Forest Subdivision in
accordance with promulgated ~nited States Enviro~ental Protection Agency
regulations pursuant to 40 C~ 35.930-1 (a) (2) to serve the planning area
as determined by the Ohio EPA pursuant to 40 CFR 35.917-2 (a) (1) .
The work will be performed by our Columbus office located at 5085
Reed Road, Columbus, Ohio, with a staff of over 160 engineers, techni.cians,
and draftsman.
SECTlm~ II - TillE OF COHPLETIO~i
The Engineers agree, upon receipt of written authorization from the
Owner, to furnish the necessary professional services to complete the detail
plans within the time fraoe delineated in the Step 2 Application for Federal
Assistance Grant ~o. C-391244-01.
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The time of completion for the Detail Plans is twelve (12) months
after receipt of the authorization to proceed.
It is mutually agreed and understood that any additional ser\,ices and
extension of time needed for the completion of the Detail Plans, which are
caused by delays and changes in the EPA requirements, and beyond the control
0 of the Engineers, shall entitle the Engineers to such extension of time and
additional compensation for the completion of the work as may be mutually
agreed upon.
SECTION III - ESTD!ATED PROJECT COSTS .
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The Attachment No. 2 - PRICE Sm~L\RY FORHAT - indicates the estiI:1ated
manhours of various catagories and the estimated average hourly rate for each
category projected for the completion period of the work on the Detail Plans.
The estimated manhours for the project are 4,860. The total estioated
project cost, including expenses is $99,959.00 ..
SECTION IV -PAY}~~ FOR PROFESSIONAL SERVICES
A. The Owner agrees to pay the Engineers as compensation for th~ I
professional services outlined in SECTION I ~ DETAIL PL~S - I
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.. . on the basis of cost reimbursement plus a fixed fee. I
It is mutually agreed that the costs eligib~e for reimburseoent,
as incurred by the Engineers in the performance of the work
outlined in SECTION I of this agreement, shall not exceed ~84,959.00. I
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It is further agreed that the fixed fee or profit due the Engineers - I
for the performance of the work outlined in SECTION I of this I
agreement shall be $15,000.00. .
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U 1- The costs for reimbursement shall include the actual salary, I
or the imputed salary, of the personnel directly employed on j
the project, plus the payroll costs and indirect general and
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administrative costs. The imputed salary of members of the l
firm is determined to be $20.00 per hour. I
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a. The direct payroll cost estimated for the tice period f
of the project is twenty-seven percent (27%) of the I
actual salary or imputed salary of the personnel directly !
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employed on ,the project for such items as Federal I
Insurance Contribution Act Taxes, Federal Unemployment ,
'Taxes, State Excise Taxes, ~orkmens Compensation, Vacation I
Time, Illness and Personal Time, Holidays, Group Insurance
and Retirement Plan Benefits. I
b. The indirect general and adoinistrative costs estimated for I
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the time, period of the project is seve~ty-four percent: (74%) 1
of the actual salary or the imputed salary of the personnel I
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directly employed on the project for the general and
administrative overhead costs. exclusive of the cost
priniciples not allowable for Federal participation~ I
2. The costs for reiobursement shall include travel costs. including . I
transportation. lodging, subsistence, and incidental expenses
a incurred by personnel v~ile in travel status in connection _~th
the performance of th.' services under this agreement. the actual
costs of reproduction, and miscellaneous services required in
the performance of the project. I
3. The fixed fee for the performance of the professional services
outlines inSECTIO~I of this agreement shall be exclusive of j
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the cost reimbursement for the salary, direct payroll, indirect ,
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general and administrative, and expense costs. I
4. The billing for engineering services'sha1l be based on the actual
time spent on the project and shall be due and payable at sixty
(60) day intervals as the work progresses.
a. The billing shall indicate the total manhours and salary I
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costs for the billing period, the direct payroll costs,
t he' indirect general and adcinistrative costs, the other
costs. and expenses, and a portion of the fixed fee equal
to the ratio of the current reiumbursab1e costs to .the
total estimated reimbursable cost~, as shown. on Attachment
No. 2.
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b. The current invoice shall include the total of the previous
invoices. .
c. In the event the total costs for reimbursement, as determined
() at the completion of the project, are less than the estimated
costs shown on the Cost or Price Summary Format, Attachment
U No. 2 hereto, the portion of the fixed fee not previously
included in the billing, shall be included in the final
invoice for payment.
SECTION V - GENERAL CLAUSES
A. It is mutually agreed that Attachment No. 1 - Federal Regulation
40CFR 35 Subpart E, Appendix C-l. as promulgated by the U. s. EPA,
are made a part of this agreement except as modified hereinafter.
l. The arbitration limits of any claie, counterclaio, or dispute,
as delineated in Seetin 6 of the Appendix C-1, shall not be in
~cess of $5,000. .
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SECTION VI - SIGNATURES
It is e^~ressly understood and agreed that in the performance of the~r
services under this Agreement, the Engineers shall act as agents of the
Owners.
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The Owner and the Engineers have bound themselves, their members"
a successors, executors, admnistrators, 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 Own~r nor the Engineers shall assign,sublet, or transfer their
interest in this Agreement without the written consent of the o~her party
thereto.
IN WITNESS l~REOF, the parties hereto have affixed their hands and
seals in DUBLIN, OHIO, this 1'71 day of I\J 0 uC'rt\. tlJ 0\- , 1976. .
V~~GE OF DUBLIN, D1~LIN" OHIO
By' ~ ), 0.' ~ \.0 flJi.AA/~------- .
Charles C man, }1ayor
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BURGESS & NIPLE, LIHITED
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By
n Ma~ager
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By'
Manager
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By 1v~ J/ ~I!fJM-
Project ~rector
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ATTACH}ffiNT NO. I
FEDERAL REGULATION 40 CFR 35 SUBPART E
APPENDIX C-I
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1- General.
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a. The Owner and the Engineer agree that the following I
provisions shall apply to the work to be performed under this
agreement and that such provisions shall supersede any con-
1"'""\ flictingprovisions of this agreement.
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l.J ' b. This agreement is funded in part by a grant from the I
U.S. Environmental Protection Agency. Neither the United
r States nor the U.S. Environmental Protection Agency (hereinafter~
I "EPAII) is a party to this agreement. This agreement is subject
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I to regulations contained in 40 CFR 35.936~ 35.937~ and 35.939.
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2. Responsibility of the Engineer.
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a. The Engineer shall be responsible for the profes-
sional quality, technical accuracy, timely completion, and the
coordination of all designs, drawings, specifications, reports,
and other services furnished by the Engineer under this agree-
ment. The Engineer shall, without additional compensation, I
correct or revise any errors or deficiencies in his designs,
drawings, specifications, reports and other seryices. :
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b. The Engineer shall perform such prof~ssional services .
as maybe necessary to accomplish the work required to be
performed under this agreement, in accordance with this agree-
ment and applicable EPA requirements.
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Approval by the Owner 'or EPA of drawings, designs,' l
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specifications, reports, and incidental engineering work or
I materials furnished hereunder shall not in any way relieve the
V Engineer of responsibility for the technical adequacy of the
work. Neither the Owner's nor EPA's review, approval or ac- I
ceptance of, nor payment for, any of the services shall be I
construed to operate as a waiver of any rights under this
.agreement or of any cause of action arising out of the per-
formance of this agreement, and the Engineer shall be and
remain liable in accordance with applicable l~~ for all damages l
to the ~vner or EPA caused by the Engineer's negligent perfor-
mance of any of the services furnished under this agreement.
d. The rights and remedies of the Owner provided for
under this agreement are in addition to any other rights and
remedies provided by law.
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3. Scope of Work.
Except as may be otherwise specifically limited in this
agreement, the services to be rendered by the Engineer shall
include all services required to complete the task or step in
accordance with applicable EPA regulations (40 CFR Part 35,
Subpart E).
4. Changes.
f) a. The Owner may, at any time, by written order, make
~ I changes within the general scope of this agreement in the
U services or work to be performed. If such changes cause an
increase or decrease in the Engineer's cost of, or time re- ;
quired for, performance or any services under this agreement,
whether or not changed by any order, an equitable adjustment
shall be made and this agreement shall be modified in writing. I
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accordingly. Any claim of the Engineer for adjustment under
this clause must be asserted in writing within 30 days from the
date'of receipt by the Engineer of the notification of change
unless the Owner grants a further period of time before the I
date of final payment under this agreement. I
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b~ No services for which an additional compensation will 'I
be charged by the Engineer shall be furnished without the 1
written authorization of the Owner.
5. Termination . . ...
a. This agreement may be terminated in whole or in part
in writing by either party in the event of substantial failure
by the other party to fulfill its obligations under this agree-
ment through no fault of the terminating party: Provided, That
() no such termination may be effected unless the other party is
, I given (1) not less than ten (10) days written notice (delivered
. by certified mail, return receipt requested) of intent to
.., terminate and (2) an opportunity for consultation with the
terminating party prior to termination. .1
b. This agreement may be terminated in whole or in' part . . :
in writing by the Owner for its convenience: Provided, That no
such termination may be effected unless the Engineer is given
(1) not less than ten (10) days written notice (delivered by i
certified mail, return receipt requested) of intent to terminate
and (2) an opportunity for consultation with the terminating I
party prior to termination. I
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If termination for default is effected by the Owner, .
c.
an equitable adjustment in the price provided for in this I
agreement shall be made, but (1) no amount shall be allowed for I
anticipated profit on unperformed services or other work, and I
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(2) any payment due to the Engineer at the time of termination
may be adjusted to the extent of any additional costs occasioned
to the ~Yiner by reason of the Engineer's default. If termina-
tion for default is effected by the Engineer, or if termination
for convenience is effected by the ~vner, the equitable adjust-
ment shall include a reasonable profit for services or other I
work performed. The equitable adjustment for any termination I
shall provide for payment to the Engineer for services rendered I
and expenses incurred prior to the termination, in addition to
t~ termination settlement costs reasonably incurred by the Engineer
relating to commitments which had becoce firm prior to the
termination.
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d. Upon receipt of a termination action pursuant to I
paragraphs (a) or (b) above, the Engineer shall (1) promptly
discontinue all services affected (unless the notice directs I
otherwise), and (2) deliver or otherwise make available to the I
Owner all data, drawings, specifications, reports, estimates) I
summaries, and such other information and materials as may hav~
been accumulated by the Engineer in performing this agreement,.
whether completed or in process. I
e. . Upon termination pursuant to paragraphs (a) or (b)
above, the. Owner may take over the york and prosecute the same I
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to completion by agreement with another party or othe~vise. I
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f. If, after termination for failure of the EngineeF to . -. I
, fulfill contractual obligations, it is determin~d that the I
Engineer had not so failed, the termination shall be deemed to
have been effected for the convenience of the ~wner. In such I
event, adjustment of the price provided for in this agreement ..
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,shall be made as providedin'paragraph (c) of this clause. I
n g. The rights and remedies of the Owner and the Erigineer
provided in this clause are in addition to any other ~ights and I
remedies provided by law or under this agreement.
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6. Remedies. I
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a. Except as maybe otherwise provided in this agreement~
or as the parties hereto may otherwise agree, all claims, I
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counter-claims, disputes and other matters in question between.
the Owner and the Engineer arising out of or relating to this 'j
agreement or the breach thereof will be decided by arbitration
in accordance with the Contruction Industry Arbitration Rules I
of the American Arbitration Association then obtaining, subject I
to the limitations stated in paragraphs (c) and (d) below.
This agreement and any other agreement or consent to arbitrate I
entered into in accordance therewith as provided below, will be
specifically enforceable under the prevailing law of any court 1
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having jurisdiction. t
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b. Notice of demand for arbitration must be filed in
writing with the other party to this Agreement, with the EPA
Regional Administrator and with the American Arbitration
Association. The demand must be made within a reasonable time
after the claim, dispute or other matter in question has arisen.
In no event may the demand for arbitration be made after the
time when institution of legal or equitable proceedings based
on such claim, dispute or other matter in question would be I
barred by the applicable statue of limitations.
r. c. All demands for arbitration and all answering statements I
U thereto which include any monetary claim must contain a statement I
that the total sum or value in controversy as alleged by the I
party making such demand or answering statement is not more I
than $200,000 (exclusive of interest and costs). The arbitrators I
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will not have jurisdiction, power or authority to consider, or .. I
make findings (except in denial of their own jurisdiction) I
concerning any claim, counterclaims, dispute or other matter I
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in question where the amount in controversy thereof is more
than $200,000 (exlusive of interest and costs) or to render a
monetary award in response thereto against any party which
totals more than $200,000 (exclusive of interest and costs).
d. No arbitration arising out of, or relating to, this . . I
agreement may include, by consolidation, joinder or in any I
other manner, any additi~nal party not a party to this agreement. ~
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e. By written consent signed by. all the parties to this I
agreement and containing a specific reference ~ereto,.the .
limitations and restrictions contained in paragraphs (c) and I
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(d) above may be waived in whole or in part as to any claim,
counterclaim, dispute or other matter specifically described in
such consent. No consent to arbitration in respect of a spe- I
-r) cifically described claim, counterclaim, dispute or other I
matter in question will constitute consent to arbitrate any I
f ) other claim, counterclaim, dispute or other matter in question I
U which is not specifically described in such consent or in which I
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the sum or value in controversy exceeds $200,000 (exclusive of I
interest and costs) or which is with any party not specifically
described therein. I
f. The award rendered by the-arbitrators will be final~
not subject to appeal, and judgment may be entered upon it in -i
any court having jurisdiction thereof. I
7. Payment.
a. The Engineer may submit monthly or periodic statements
requesting payment. Such requests shall be based upon the I
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amount and value of the work and services performed by the , I
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I Engineer under this agreement, and shall be prepared by the
Engineer and supplemented or acconpanied by such s~pporting
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data as may be required by the ow~er.
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, b. Upon approval of such pa~ent request by the Owner,
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payment upon properly certified vouchers shall be =ade to the
Engineer as soon as practicable of ninety percent or the amount
as determined above, less all previous pa~ents: Provided,
however, that if the Owner determines that the wor~ under this
agreement or any specified task hereunder is substantially I
n complete and that the amount of retained percentages is in I
excess of the amount considered by him to be adequate for the
protection of the Owner, he may at his discretion release to I
U the Engineer such excess amount. I
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c. Upon satisfactory completion by the Engi:eer of the 1
work called for under the terms of this agreement, and upon
acceptance of such work by the Owner, the Engineer will be paid
the unpaid balance of any money due for such work, including
the retained percentages relating to this portion of the.work.
d. Upon satisfactory completion of the work 'performed .1
hereunder, and prior to final payoent under this agreement for
such work, or prior settlement upon ter!::!;Y"ation of the agree-'.
ment, and as a condition precedent thereto, the Engineer shall
execute and deliver to the Owner a release or all claims against I
the Owner arising under or by virtue of this agree=ent, ot~er I
r than such claims, if any, as may be specifically esempted by
the Engineer from the operation of the release~in stated' amounts "
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to be set forth,therein.
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8. Project Design. . I
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a. In the performance of this agree~ent, the Engineer I
n shall, to the extent practicable, provide for ~xi=um use of I
I structures, machines, products, materials, construction methods,
and equipment which are readily available through competitive I
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procurement, or through standard or proven production techniques~ . I
methods, and processes, consistent with 40 CFR 35.936-3 and, .
35.936-13, except to the extent that advanced tech~ologymay'be
utilized pursuant to 40 CFR 35.908.
b. . The Engineer shall not, in the performance of the
work called for by this agreement, produce a desi~ or speci- I
fication such as to require the use of structures, machines,
products, materials, construction Eethods, equipme~t, or processes I
which are known by the Engineer to be available o41y from a
sole source, unless such use has been adequately justified in
writing by the Engineer as necessary for the cini~~ needs of I
the proj ect. I
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c. The Engineer shall not, in the performance of the
work called for by this agreement produce a design or speci-
fication which would be restrictive in violation of Sec. 204(a)
(6) of the Federal Water Pollution Control Act (Pub. L92500).
This statue requires that no specification for bids or statement I
of work may be written in such a manner as to contain pro- t
prietary, exclusionary, or discrioinatory requirements other I
than those based upon performance, unless such requirements are I
necessary to test or demonstrate a specific thing, or to pro- I
n vide for necessary interchangeability of parts and equipment, I
or at least two brand names or trade names of comparable quality I
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~ or utility are listed and are followed by the words "or equa!." I
d. The Engineer shall report to the Owner any sole- I
source or restrictive design or specification giving the reason
or reasons why it is considered necessary to restrict the
design or specification. I
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e. The Engineer shall not knowingly specify or approve I
the performance of work at a facility which is in violation of I
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Clean Air or Water Standards and which is listed by the ~irector
of the EPA Office of Federal Activities pursuant to 40 CFR Part
15. .,
9., Audit; access to records. -I
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r a. The Engineer shall maintain books, records, documents I
and other evidence.directlypertinent to performance on EYA I
grant work under this agreement in accordance with accepted .
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professional practice, appropriate accounting:procedures and .
practices, and 40 CFR 30.605, 30.805, and 35.935-7. The Engineer I
shall also maintain the financial information and data used by I
the Engineer in the preparation or support of,the cost submission I
f") required pursuant to 40 CFR 35.937-6(b) and a copy of the cost I
: I summary submitted to the Owner. The United States Environmental 1
V' Protection Agency, the Comptroller General of the United States, I
the United States Department of Labor, Owner, and (the State - I
water pollution control agency) or any of their duly'authorized I
. representatives shall have access to such books, records, I
documents, and other evidence for the purpose of inspection, I
audit and copying. The Engineer will provide proper facilities .
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for such access and inspection.
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b. The Engineer agrees to include paragraphs (a) through
(e) of. this clause in all his contracts and all tier subcontracts
directly related to project performance which are in excess of .
$10,000. I
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c. Audits conducted pursuant to this provision shall be 1
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in accordance with generally accepted auditing' standards and I
established procedures and guidelines of the reviewing or audit
agency(ies).
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d. The Engineer agrees to the disclosure of all ,in-
formation and reports resulting fr03 access to records pursuant
to paragraphs (a) and (b) above, to any of the agencies referred
to in paragraph (a) above. Where the audit concerns the
Engineer, the auditing agency will afford the Engineer an
opportunity for and audit exit conference and an opportunity to
comment on the pertinent portions of the draft audit report.
The final audit report will include the written comments, if
any, of the audited parties. ,
I} e. Records under paragraphs (a) and (b) above shall be
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.., maintained and made available durillg perforr.::ance on EPA grant I
work under this agreement and until three years from date of
final EPA grant payment for the project. In addition, those
records which relate to any "dispute" appeal under an EPA grant
agreement, or litigation, or the settlement of claims arising
out of such performance, or costs or iteDs to which an audit
exception has been taken, shall be maintained and made avail-,
able until three years after the date of resolution of such
appeal, litigation,c1aim or exception.
10. Price reduction for defective cost or pricing data.
a. If the EPA Project Officer determines that any price,
including profit negotiated in connection with this agreement I
or any cost reimbursable under this agreement, was. increased by
. any significant sums because the Engineer, or any subcontr~ctor
furnished incomplete or inaccurate cost or pricing data or data I
not current as certified in his certification of current cost
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or pricing data (EPA Form 5700-41), then such price or cost or
profit shall be reduced accordingly and the agreement shall be
modified in writing to reflect such reduction.
Il b. Failure to agree on a reduction shall be subject to . I
, I the "Remedies" clause of this agreement.
V 11- Subcontracts. 1
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a. Any subcontractors and outside associates or con-
su1tantsrequired by the Engineer in connection with the services'
covered by this agreement will be limited to such individuals '1
or firms as were specifically identified and agreed to during I
'negotiations, or as are specifically approved by the Owner 1
during the performance of, this agreement. Any substitution in I
such subcontractors, associates, or consulta..'"1.ts will be subject
to the prior approval of the Owner. I
b. Except as otherwise provided in this agreement, the
Engineer may not subcontract services in excess of thirty I
percent (30%) of the contract price to subcontractors or con- I
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su1tants without prior written approval of the Owner. I
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12. Labor standards.
To the extent that this agreement involves "construction"
(as defined by the Secretary of Labor), the Engineer agrees
that such construction work shall be subject to the following I
labor standards provisions, to the extent applicable:
a. Davis-Bacon Act (40 U.S.C. 276a-276a-7); I
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b~ Contract Work Hours and Safety Standards Act (40 U.S.C. I
G '327-333); I
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c. Copeland Anti-Kickback Act (18 U.S.C. 874); and
d. Executive Order 11246 (Equal Employment Opportunity) .1
and implementing rules, regulations, and relevant orders of the . I
Secretary of Labor or EPA; and the Engineer further agrees t~at
this agreement shall include and be subject to the "Labor .1
Standards Provisions for Federally Assisted Construction Contracts"
(EPA Form 5720-4) in effect at the time of execution of this I
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agreement. . .1
13. Equal employment opportunity. I
In accordance with EPA policy as expressed in 40 CFR I
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30.420-5, the Engineer agrees that he will not discriminate
against any employee or applicant for employment because o~, I
r . race, religion, color, sex, age or national origin. ]
14. Utilization of Small and Minority Business. I
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In accordance with EPA policy as express~d in 40 CFR I
35.936-7, the Engineer agrees that qualified small business and
() minority business enterprises shall have the maximum pra~ticable ' I
opportunity to participate in the performance of EPA grant- I
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I I assisted contracts and subcontracts. . I
U 15. Covenant against contingent fees.
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The Engineer warrants that no person or selling agency 11as I
been employed or retained to solicit or secure this contract
upon an agreement or understanding for a commission, percent-
age, brokerage, or contingent fee, excepting bonafide employees. -I
For breach or violation of this warranty the Owner shall have 1
the right to annul this agreement without liability or in its . ,1
discretion to deduct from the contract price or considerationp
or otherwise recover, the full amount of such commission, .
percentage, brokerage, or contingent fee. I
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16. Gratuities. '1
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a. The Owner ~y, by written notice to the Engineer, I
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terminate the right of the Engineer to proceed under this I
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agreement if it is found, after notice and hearing, by the
Owner that gratuities (in the form of entertainment, gifts, or
otherwise) were offered or given by the Engineer, or any agent
or representative of the Engineer, to any official or employee
of the Owner or of EPA with a view toward securing a contract
or securing favorable treatment with respect to the awarding or
amending, or the making of any determinations with respect to
the performance of this agreement: Provided, That the exist-
ence of the facts upon which the Owner makes such findings
shall be in issue and may be reviewed in proceedings pursuant
n to Clause 6 (Remedies) of this agreement.
b. In the event this agreecent is terminated as provided
\J in paragraph (a) hereof, the (hqner shall be entitled (1) to I
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pursue the same remedies against the Engineer as it could I
pursue in the event of a breach of the contract by the Engineer, I
and (2) as a penalty in addition to any other damages to which
it may be entitled by law, to exemplary damages in an amount
(as determined by the Owner) which shall be not less than three
nor more than ten times the costs incurred by the Engineer in
. providing any such gratuities to any such officer or employee. I
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The rights and remedies of the Owner provided in this .
c.
clause shall not be exclusive and are in addition to any rights
and remedies provided by law or under this agreement. I
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17. Patents;
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, If this agreement involves research, devel~pmental, Exper-
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imental, or demonstration work and any discove~y or invention I
arises or is developed in the course of or under this agreement,
such invention or discovery shall be subject to the reporting
and rights provisions of Subpart D of 40 CFR Part 30, including
Appendix B of said Part 30. In such case, the Engineer shall
fl report the discovery or invention to EPA directly or through
the Owner, and shall otherwise comply with the Owner's respon-
J sibilites in accordance with Subpart D of 40 CFR Part 30. The I
Engineer.hereby agrees that the disposition of rights to in-
ventions made under this agreement shall be in accordance with
_the terms and conditions of aforementioned Appendix B. The
Engineer shall include provisions appropriate to effectuate the
purposes of this condition in all subcontracts involving
research, developmental, experimental, or demonstration work.
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18. Copyrights and rights in data. I
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a. The Engineer agrees that any plans, dralYings, specifications, I
computer programs, technical reports, operating manuals, or I
other "Subject Data" (as defined in Appendix C to 40 CFR Part I
30) are subject to the rights in the United States, as set
forth in said Appendix C, including the right to use duplicate I
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and disclose, such manuals, etc., in whole or in part, in any
manner for any purpose whatsoever, and have others do so. For
-purposes of this article, IIgranteell as used in said Appendix C
_ shall refer to the Engineer._ If the material is copyrightable,
the Engineer may copyright such, as permitted by said Appendix
C, and .subject to the rights in the Government as set forth in
Appendix C, but the Owner and the Federal Government reserve a
royalty-free, nonexclusive, and irrevocable license to repro- -
. - duce, publish and use such materials, in whole or in part, and
to authorize others to do so. The Engineer shall include
1'1 provisions appropriate to effectuate the purpose of this condition.
in all subcontracts expected to produce copyrightable f.Subj ect
U Data." - .
b. All such "Subject Data" furnished by the Engineer
~ -pursuant to this agreement are instruments of his services in
_ respect of the project. It is understood that they are not
intended or represented to be suitable for reuse on any other
project. Any reuse by the ~qner without specific written .
verifi~ation or adaptation by the Engineer will be-at the risk
of the Owner and without liability or legal exposure to Engineer.
Any such verification or adaptation will entitle the Engineer 1
to further compensation at rates to be agreed upon by the Owner
and the Engineer. I
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COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS Form Approved
(See accompanying instructions before completing this form) OMB No. 158-R0144
PARTI.GENERAL ATTACHMENT NO. 2
1. GRANTEE 2. GRANT NUMBER
VILLAGE OF DUBLIN, OHIO C 391 244-01
3. NAME OF CONTRACTOR OR SUBCONTRACTOR 4. DATE OF PROPOSAL
Burgess & Niple, Limited I
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5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP code) 6. TYPE OF SERVICE TO BE FURNISHED
5085 Reed Road Detail plans and specifications for
Columbus, Ohio 43220 interceptor and collector sewers on
telephone (614) 459-2050 the west side of the Scioto River.
/-. I
I PART II-COST SUMMARY I
l) DIRECT LABOR (Specify labor cate~ories) ESTI- HOURLY ESTIMATED I
MATED
HOURS RATE COST
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Member OS 20.00" $ -
Project Engineer 300 14.66 4 398.00
Engineer '800 10.38 8 304.00 I
Draftsman & 3,600 7.05 25 380.00
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160 4.40 704. OO~ I
DIRECT LABOR TOTAL:
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8. INDIRECT COSTS (Specify indirect cost pools)
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Direct Payroll Costs I
Indirect -General & Administration
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INDIRECT COSTS TOTAL:
9. OTHER DIRECT COSTS
ESTIMATED
a. TRAVEL COST
(1) TRANSPORTATION
(2) PER DIEM
TRAVEL SUBTOTAL:
b. EQUIPMENT, MATERIALS. SUPPLIES (Specify cate~ories) QTY COST ESTIMA TED
COST
r, S $ 1
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EQUIPMENT SUBTOTAL: .
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c. SUBCONTRACTS ESTIMA TED
COST
Rock investigation by B & N or possibly a subcontract $
to be negiotiated at a future date. Price indefinite ~
SUBCONTRACTS SUBTOTAL:
I ESTIMA TED
d. OTHER (Specify cate~orles) COST
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OTHER SUBTOTAL: .
e.1 OTHER DIRECT COSTS TOTAL: .
10. TOTAL ESTIMATE!? COST I
11. PROFIT
12. TOTAL PRICE
'\.. E PA Form 5700.41 (2-76) I
PAGE 1 OF 5 I
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Form Approved
OMB No. 158-R0144
PART III . PRICE SUMMARY
13. COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES MARKET
(IndicBte basis lor price comparison) PRICE(SI
PART IV. CERTIFICATIONS
14. CONTRACTOR
148. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR
ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS?
d9 YES o NO (ll "Yes" give name address and telephone number of reviewing office) i
DEFENSE CONSTRUCTION AUDIT AGENCY
Federal Building, 85 Marconi Boulevard
Columbus, Ohio 43215 Mr. Don Ruben (614) 469-6764
.14b .THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
14c.
This proposal i~ submitted for use in connection with and in response to (1) Village of Dublin I
Engineering Agreement . This is to certify to the best" of my knowledge
I and belief that the cost and pricing data summarized herein are complete, current, and accurate a's of .
(2), ~~-f. / '7. 1?7 t. and that a fin;ancial management capability exists to fully and accu-
ratelyac unt for the financial! transactions under this project. I further certify that I understand that the
subagreemp.nt price may be subject to downward renegotiation an ! recoupment where the above cost and
pricing data have been determined, as a result of audit, not to av een complete, current and accurate as
of the date above.
r ~ (3) ~>r:t tF~x~?l{: I
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\..) J11CLM<k'..tA.
TITLE OF PROPOSER /
14. GR....NTEE REVIEWER
I certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear
acceptable for 311b<Jgreement award. ;)~~ ~ . .
.S./!pf J? J~ 7t 1
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V OAT;,! OF EXECUTION
SjNATURE OF REV R
\'Ii Ibur Ulrey, Counc j ,- President
TITLE OF REVIEWER
16. EPA REVIEWER (llapplica/Jle)
DATE OF EXECUTION SIGNATURE OF REVIEWER
TITLE OF REVIEWER I
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I E PA Form 5700-41 (2-76) PAGE Z OF 5
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ESTIMATED ENGINEERING COST BREAKDOHN BY ITEM
Field Work and Plotting of Field Work $33,345.00
n Detail Plans, Specifications and Estimate of Cost 58,379.00
V I
Rock Investigation by Burgess & Niple, Limited or
by Sub-Contract to be Negoiated 8,235.00
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Total $99,959.00 I
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ATTACHMENT NO. 2A I
To EPA Form 5700- I
41 (2-76) I
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Burgess & Niple, Limited operates on a cash flow basis
to calculate costs, overhead and profit.
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At the end of each calendar year, actual expenses and I
income of the year are calculated and these figures are then I
used to forecast both direct and indirect overhead for the
n coming year. These figures are used for costing for the ~ur- I
~ rent year. ~
The enclosed sheet, entitled ''Direct Payroll Overhead",
lists the specific payroll taxes and charges used to calculate
that overhead identified in our bookkeeping system. The" other
sheet, entitled IIIndirect General & Administrative Overhead" .
identifies those items which are used to calculate the indirect
overhead. The cost of all these items, which includes all e~
penses not charged directly to a client account, are totaled ~d
then calculated as a percentage of total productive salary ccsts.
This total overhead percentage is then applied to-all accoun~
by adding it to salary costs of all productive jobs to establiSh
a total job cost.
Depreciation of furniture and equipment is made on the
basis of a straight line depreciation over a ten year per~od.
~ . Automobiles are depreciated over a three year period. ..
.
Me~bers of the firm charge time to a specific project w~
they are productively engaged in the performance of work on ~t
project, and are costed at $20.00 per hour. General administta-
tive time is charged to general overhead. Much manager.time ~
~ appropriately charged to new business.
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ATTACHMENT NO. 2B
To EPA Form 5700-
41 (2-76)
BURGESS & NIPLE, LIMITED
DIRECT PAYROLL OVERHEAD
Social Security - Company
'l Federal unemployment
State Unemployment
( I workmen1s compensation
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Vaca tion
Illness & Personal
Holiday
Group Insurance
Retirement Plan
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, ATTACHMENT NO. 2C
To EPA Form 5700-
41 (2-76)
BURGESS & NIPLE ~ L n-lITED
INDIRECT GENERAL & ADHINIS'BATlVE OVERHEAD
Office Supplies
Xerox Rental & Supplies
Field Supplies
Laboratory Supplies .
Rent
(1 Advertising
Utilities
Insurance
W Maintenance
Accounting Service
Medical & Legal Fees
Unemployment Compensation
workmen's Compensation
Licenses
Memberships, Dues & Subscriptions
Use and Miscellaneous Taxes
Bank charges
Recreation - Employees
Entertainment
Social Security- C~mpany .
Retirement Plan
Depreciation Physical Property
Furniture & Fixtures ~
.
, Automobiles & Trucks
Company Cars '"'
Misce llaneous .
New Business Expense -.
Salary. Employees
Salary Members
I) Expense
General Office
I Salary Employees
J salary Members
Expense
Vacation, Personal, Illness & Holiday
Approximately one percent (1%) of this overhead is non~allowable
for Federal cost-reimbursement contracts.
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DUBLIN, OHIO
PHASE II SANITARY SEWERS
ESTI}~TE OF COST
) West Branch Scioto Trunk Sewer (Phase I Sewers to River Forest)
3611 13,000' @ $
U 70 = $910,000
Manholes 40 @ $2,000 = 80,000
Wyes 160 @ $ 20 = 3,200
Rock 16,000 @ $ 25 = 400,000
$1,393,200
West Branch Scioto Trunk Sewer (River Forest to Muirfie1d)
3611 3,500' @ $ 70 = $245,000
Manholes 10 @ $2,000 = 20,000
Wyes 40 @ $ 20 = 800
Rock 4,000 @ $ 25 = 100,000
$ 365,800
t River Forest Sewers
18" 1,500 @ $ 40 = $ 60,000
12" l,OOO @ $ 25 = 25,000
811 16,000 @ $ 15 = 240,000
Manholes 55 @ $1,000 = 55,000
Wyes 100 @ $ 20 = 2,000
~ Rock 720 @ $ 25 = 18,000
, $ 400,000
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Total Construction $2,159,000
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INCORPORATED
September 16, 1976 Dublin, Ohio 43017
Ii'"")
r I Mr. Thomas F. Geishecker-
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Construction Grants Br-anch
U.S. EPA, Region V
230 South Dear-bor-n Str-eet
Chicago, Illinois 60604
Re: Dubl in, Ohio C391 244-01
Step II Grant, Engineering Ser-vices
Dear- Mr-. Geishecker-:
Thi s letter- is to .inform you that Bur-gess & Niple, limited has
a continuimg consulting engineering contr-act with the ,Vii lage.
of Dublin and their work in the past has been acceptable and
has ser-ved the Village for- more than 10 years. The V i I I age
~ desir-es to continue with the services of Burgess & Niple,
limited for the wor-k in Step " app I i cat i on .
Since the Village is satisfied with the qualifications and
performance of Burgess & Niple, limited, we understand that
the pr-ovisions of public notice is not r-equired as set forth
'} in 40 CFR 35.937.3 (e).
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I S i ncer-e I y, .
J u)~/~ ~
'~i I bur Ulrey
Counc i I President
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