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HomeMy WebLinkAbout008-79 Ordinance - J. .' . 135 . . RECORD OF ORDINANCES ... I National Graphics Corp.. Cols,. 0" ~ Form No, 2806-A 1 Ordinance NO.na8~_1~__n____ p assedn__mJANn2__g_J~Z~__mm_nnm__19 n___ n I I I AN ORDINANCE ENTERING INTO AN ENGINEERING SERVICE AGREEMENT. "' I I ~J RE IT ORDAINED by the Counci I of the Vi I lage of Dubl in, State of Ohio, r:;' of the elected members concurring: SECTION I . That Charles R. Wolfe, professional Engineer, be, and hereby is, employed to act as the Vi I lage Engineer under the con- ditions of an HEngineering Service AgreementH attached hereto, marked as Exhibit HAH and said attachment is hereby made an offic ial part of this Ordinance. SECTION 2. That this Ordinance shal I take effect and be in force from and after the earliest period al lowed by law. Passed t his J..').MJ day of 1ANvlW1 , 1979. I ~~aAU? ,~ &:--I7&r~ ';6}~d~ . I Mayor - Presiding Officer Presi~den.:t Pro Tempore I ...- ATTEST: ".. .. . n J?lJ~ I J ~ I Clerk - ~re~s~~er I / I '" \ ~ ..) cJ ~ ~, I I I I I I I I I I I I I I I I I I I I I I I J-t. I I V I I I I I I I I I , - . , ... ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is for engineering services between the Village of Dublin, Ohio, and Charles R. Wolfe, 4846 Freshwater Road, Delaware, Ohio 43015. 0 *** 02~l1d day of Fe..b J , l J THIS AGREEMENT, made and entered into this /1J~ by and between the Village of Dublin, Ohio, hereinafter called the Village, and Charles R. Wolfe, hereinafter called the Engineer. WITNESSETH: WHEREAS, the Village is planning to retain the services of a registered professional engineer to act as the Village Engineer and to represent the Village in all matters involving engineering responsibilities and expertise; and, Engineer is registered in the State of Ohio as a professional engineer No. 35196 and a licensed surveyor No. 6186. NOW, THEREFORE, in consideration of certain amounts hereinafter specified to be paid to the Engineer by the Village, the parties agree as follows: l. The Village hereby hires the Engineer for, and the Engineer agrees to perform, the professional services specified herein. 2. Engineer agrees to perform such services in a professional manner and to a high degree of skill. C 3. The Village and the Engineer each bind themselves, their Partners, Successors, Executors, Administrators, and Assigns to the other party of this Agreemen t , and neither the Village nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. 4. It is agreed that the Engineer has no duties relating to the safety of persons and property on and about construction sites. In order that the Village and Engineer may be fully protected against claims in this regard, the Village agrees to require that all Contractors and Subcontractors working directly or indirectly on a construction project provide, prior to commencement of work of any kind, a separate policy of insurance covering public liability, death and property damage, naming the Village and the Engineer, and their officers, employees and agents as insured, and that said Contractors and Subcontractors shall maintain such insurance in effect and bear all costs for the same until the completion of the work. 5. Engineer is and shall at all times be an independent contractor. ~ Engineer shall at no time be deemed an employee of the Village, nor shall the ~ Village be deemed to be a partner or associate of the Engineer in the conduct of its B~yiness, nor shall the Village be liable for any debts incurred by Engineer. 6. In order to provide the highest service possible, and to perform fully 100% in the interest of the Village; to eliminate any possibility of conflict of interest; Engineer will not contract with the Village for any engineering design work while retained as the Village Engineer, nor will Engineer contract with any party, private or public, for engineering design of any development or improvements within the Village Corporate Limits while retained as Village I - - - --- . \ . ; . . . . Engineer. Excepting, therefrom, any work commissioned or started before acceptance of this Agreement. ,'l ~I 7. This Agreement shall remain in effect until December 31, ~979. Thereafter, it shall automatically be renewed for a period of one year unless either party notifies the other in writing by November 30 of the current year of its intent to terminate this Agreement. 0 8. This Agreement may be terminated by either party by thirty days written notice without cause. If this Agreement is terminated, the Engineer shall be paid for services performed to the termination notice date. 9. The Engineering services to be performed by the Engineer are: a. Act as consultant to the Village on all engineering and engine~ring related projects. b. Perform normal daily engineering duties such as the investigation of drainage, street, sewer or water problems. c. Review and approve plans submitted by others. d. Obtain contractural engineering services for projects beyond the capability 0 f the Department J wiTh ()4 o.fplD.sJ o-/. Co"'~, l. e. Assist in preparation of Capital Improvement Budget. .A-'l a rJ ~ 'f- E,R... f. Advise Council and the Village Administrator, when requested, on various projects, the planning and estimates of cost involved. g. Establish and maintain a filing system of Village Maps and Records pertaining to the Engineering and Building Departments. h. Inspect and approve capital improvement projects. (I i. Supervise department personnel or outside contractors in the inspection of subdivision construction, buildings, electrical, plumbing, and heating inspections. j. Other duties as agreed to by the Engineer and the Village Council. 10. The fee for all engineering services shall be based upon the actual time expended by the Engineer in rendering such services, and the Village shall compensate the Engineer as follows: a. At the rate of $15.00 per hour. b. No payment shall be made for any time in excess of 40 hours in any week. c. Reimbursable expenses, which include but are not limited to expense of transportation, subsistance and lodging when traveling on official business for the Village. d. Blueprints at the rate of $0.60 each. e. Engineer shall invoice the Village on the first day of each month for all services rendered and said amount shall be due and payable within 0. thirty days. W I - 2 - I I I I I - --- # <\ ,. ,. ,.. . This Agreement executed the day and year written at the beginning of this Agreement. a VILLAGE ~LIN A !J By ~ .e,.-' fj~ Title Ytllqr~ 4{MJ'4 '0 )- V'.}.,/ ATTEST: ~~ Title ~ i Ce-u.d;J ~~ ~ER~~ 0 0