22-69 Ordinance
i ORDINANCE NO. -Z L., (re} , VILLAGE OF DUBLIN, OHIO
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I AN ORDINANCE AUTHORIZING THE MAYOR AND THE
I CLERK-TREASURER TO ENTER INTO A NEW CONTRACT
! FOR ENGINEERING SE RVICES WITH BURGESS & NIPLE,
I LIMITED, CONSULTING ENGINEERS, OF COLUMBUS,
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I WHEREAS, Burgess & Niple, has by letter dated July 25, 1969,
, terminated their contract with the Village of Dublin in the manner prescribed
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in said contract; and I
I, WHEREAS, Burgess & Nip1e has submitted to the Village a pro- I
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Ii posed new contract, a copy of which is attached hereto;
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I: NOW, THEREFORE, BE IT ORDAINED by the Council of the
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I Village of Dublin, State of Ohio, S- of the elected members concurring
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,I SECTION 1:
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II That the Mayor and the Clerk-Treasurer be and they hereby are
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I authorized to enter into the contract for engineering services attached hereto I
II with Burgess & Nip1e, Limited, Consulting Engineers of Columbus, Ohio. I
'I SECTION 2: I
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That this Ordinance shall take effect and be in force from and I
I after the earliest period allowed by law. I
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I Passed this , day of ]) Lc. C . ,1969. I
(r...RLJ.~(4 I
" Mayor - Presiding I
Attest:
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Clerk-Treasurer
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CONTRACT BETWEEN
VILLAGE OF DUBLIN, OHIO
AND
BURGESS & NIPLE, LIMITED
FOR
ENGINEERING SERVICES
SECTION I - GENERAL "
This agreement made and entered into this day of ,
by and between the Village of Dublin, Ohio, hereinafter referred to as the
"Village", and the firm of Burgess & Niple, Limited, Consulting Engineers of.
Columbus, Ohio, hereinafter referred to as the "Engineer"" witnesseth:
That the said Village hereby employs the said Engineers as Engineer
for the Village until such time as this agreement may be terminated upon 60
days notice in writing by either party heret~, and the said Engineer hereby
accepts said employment upon the following terms and conditions, to wit:
SECTION II - SERVICES
l. The said Engineer or his authorized representative shall attend
all regular and special meetings of the Council of said Village
whenever requested to do so and advise the Village from time to
time, on any repairs, work, or improvements. If authorized by
the Village, the Engineer shall attend meetings and conferences -
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held during the engineers regular working hours.
2. For construction projects the Engineer shall provide for (1) the
preparation of preliminary studies and estimates of cost; (2)
the design and preparation of detailed plans and specifications
and estimates of cost; and (3) the engineering services during
construction; all as authorized by the Village and as follows:
A. Preliminary Report
The Engineer shall prepare a preliminary engineering study
and report on the Project, in sufficient detail to indicate
clearly the problems involved and the alternate solutions
available to the Village, to include schematic layo~ts and
sketches and a general cost estimate for the Project, to-
gether with the Engineer's recommendations.
Furnish five copies of the above study and report.
B. Construction Contract Plans
The Engineer shall prepare for incorporation in the Contract
Documents detailed construction drawings and plans to show
the character and scope of the work to be performed by
contractors on the. Project~ instructions to bidders, proposal
forms, general conditions, special 'conditions and specifications.
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The Engineer shall prepare detailed estimates of cost for
the Project based upon the completed drawings and speci-
fications. The Engineer shall furnish to the Village
engineering data for and assist in the preparation of the
required documents so that the Village may secure approval
of such governmental authorities as have jurisdiction over
design criteria applicable to the Project.
The Engineer shall furnish ten copies of the Drawings and
Specifications in final form. Additional copies will be
furnished to the Village or to the contractor at net cost
for reproduction.
After authorization to proceed with the bidding or nego-
tiating phase, the Engineer shall:
1. Assist the Village in obtaining and evaluating bids
or negotiating proposals and preparing construction
contracts.
2. Consult with the Village concerning and participate
in all decisions as to the acceptability of subcon-
tractors and others persons and organizations proposed
by the general contractor for those portions of the
work as to which such acceptability is required by
the bidding documents.
C. Engineering Services During Construction
The construction phase will commence with the award of the
construction contract and will terminate upon written approval
of final payment by the Engineer. During the construction
phase, the Engineer will advise and consult with the Village
and act as its representative.
The Engineer or his authorized representative shall make
periodic visits to the site to observe the progress and
quality of the executed work and to determine in general
if the work is proceeding in accordance with the Contract
Drawings and Specifications. He will not be required to
make exhaustive or continuous onsite inspections to check
the quality or quantity of the work. He will not be respon-
sible for the construction means, methods, techniques,
sequences or procedures or the safety precautions incident
thereto. He will keep the Village informed of the progress
of the ~ork, will endeavor to guard the Village against
defects and deficiencies in the work of the Contractor, and
may disapprove or reject work as failing to conform to the
Contract Documents.
The Engineer or his authorized representative s~all check
shop drawings, diagrams, illustrations, brochures, catalog
data, schedules and samples, the results of tests and
inspections and other data which the Contractor is required
to submit, but only for conformance with the design concept
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of the Project and compliance with the information given
in the Contract Documents. He will assemble maintenance
and operating instructions, schedules, guarantees, bonds
and certificates of inspection as required by the Contract
Documents.
The Engineer or his authorized representative shall prepare
routine change orders as required; he will act as interpreter
of the terms and conditions of the Contract Documents; he
will review the Contractor's applications for payment and
supporting data to determine the amount owing to the Contractor
and approve in writing payment to the Contractor in such
amounts. He shall conduct a final inspection of the Project
and approve, in writing, final payment to the Contractor.
The Engineer shall act as an agent for the Village and 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 construction contract.
3. The Engineer shall provide for the performance of Additional
Services (which services are not included in Section II, subsections
land 2 of this agreement) as authorized by the Village as follows:
A. General
(1) Line, grade and topographic field surveys and photo-
grammetry, including the plotting of notes in the office.
(2) Field surveys of existing structures, utilities and
services.
(3) Preparation of special assessments.
(4) Preparing descriptions of easements or rights-of-way.
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(5) Preparation of applications and supporting documents for
government grants or advances for public works projects.
(6) Making changes in Construction Contract Plans caused by
revisions of the general scope or design of an approved
project.
, (7) Other engineering services required by the Village.
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(8) Preparation of "as-built" drawings.
(9) Shop, mill, field or laboratory testing of materials.
(10) Test borings or other subsurface explorations, including
laboratory analyses and preparation of soils report.
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. B. Resident Project Services
If authorized by the Village one or more full time Resident
Inspectors and/or Engineer will be furnished and directed
by the Engineer in order to provide more extensive repre-
sentation at the Project site during the construction phase.
Through the more continuous on-site observations of the work
in progress and field checks of materials and equipment by
the Resident Personnel, the Engineer will endeavor to provide
further protection for the Village against defects and defi-
ciencies in the work, but the furnishing of such service shall
not make the Engineer or Inspector responsible for the Con-
tractor's failure to perform the construction work in accordance
with the Contract Drawings and Specifications.
The Engineer, representative, Inspectors or the Village shall
be held free and harmless from any acts or claims resulting
from the failure of the Contractor to maintain adequate safety
provisions from construction procedures, safety procedures,
equipment failure, unknown conditions and existing utilities
or from any failure of the contractor to provide a safety
superintendent or adequate foreman or supervisors.
SECTION III - PAYMENT
The Village agrees to pay the Engineer as compensation for professional
engineering services described in SECTION lIon the following basis:
1- For services rendered under SECTION II, subsection 1, payment shall
be made monthly on the basis of payroll cost plus 80%. For meetings
and conferences held during the engineers regular working hours,
on the basis of payroll cost plus 100%. I
2. For services rendered under SECTION II, subsection 2, on projects
.where the estimated construction cost is less than $100,000.00, on
the basis of payroll cost plus 100%.
For projects with an estimated construction cost of more than
$100,000.00, the fee shall be based on a percentage of the actual
cost of the construction of the work, in accordance with the fol-
lowing schedule of percentage fees adopted from the minimum fee
schedule of the Ohio Society of Professional Engineers as revised
in 1967. All projects for which detail plans and specifications
have been authorized within two years of the effective date of this .
agreement, shall be cumulative, and the total amount be used to
determine the percentage fee for the particular project under con-
sideration. Each succeeding two years shall constitute a separate
period during which all projects authorized shall be so considered.
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Cumulative Total Percentage Fee
Work Authorized for pro;ect
. $100,000 to $500,000 9% of $100,000 plus 6% of amount
over $100,000.
$500,000 to $1,000,000 6.6% of $500,000 plus 5% of amount
over $500,000.
$1,000,000 to $5,000,000 5.8% of $1,000,000 plus 4.5% of
amount over $1,000,000.
$5,000,000 to $100,000,000 4.76% of $5,000,000 plus 4.25% of
amount over $5,000,000.
A. Fee for the preliminary report (SECTION II - 2-A) shall be due
and payable to the Engineer after approval of the report by
the Village. For projects in excess of $100,000, it is under-
stood and agreed that the fee for the preliminary report shall
amount to 10% of the total percentage fee. Estimated costs
shall be used as a basis for payment until the actual costs
have been established by the actual cost of construction.
B. The fee for detail plans, specifications and estimates of costs
(SECTION II - 2-B) shall be due and payable to the Engineer on
completion of said plans, specifications and estimates of costs
after approval by the Village. It is understood and agreed that
for projects costing in excess of $100,000 this portion of
the fee shall amount to 70% of the total percentage fee and
shall be based on estimated costs until the actual costs have
been established by the actual cost of construction.
C. The fee for engineering services during construction (SECTION II -
2-C) shall be due and payable monthly as the work progresses. It
, is understood and agreed that the fee for engineering services
during construction for projects estimated to cost in excess of
$100,000 shall amount to 20% of the total percentage fee and
shall be due and payable monthly based on the monthly estimates
approved for the Contractors.
The final payment to the Engineer shall be based on actual
construction cost of all parts of the project, which cost shall
include the entire labor, equipment and material costs to the
Village in realizing the completed construction project.
3. For services rendered under SECTION II, subsections 3 A(l) to subsec.
tion 3 A(8) inclusive, payment shall be made monthly on the basis of
payroll cost plus 100% plus actual expenses.
4. ~or services rendered under SECI10N II, subsection 3 A(8) and 3 B
payment shall be made monthly on the ~asis of payroll cost plus 807-
plus actual expenses. .
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5. For services rendered under SECTION II subsection 3 A(9) and
3 A(lO), payment shall be made monthly on the basis of actual
cost to the engineers plus 10% plus actual expenses.
6. For the purpose of this contract, payroll costs shall be I
defined as including wages and/or salaries or imputed salaries,
plus Federal Insurance Contributions Act Taxes, plus Federal
Unemployment Taxes, plus State Unemployment Taxes, plus State
Excise Taxes, plus State Workmen's Compensation, plus vacation
time costs, plus sick time costs, plus legal holiday costs, plus
group insurance costs. These direct payroll costs are stipu-
lated and agreed to be 16% of the salaries or imputed salaries
of the personnel employed on the work. Imputed salaries of
managers of the firm are stipulated and agreed to be $10.00 per
hour and of associates of the firm to be $9.00 per hour.
SECTION IV - SIGNATURES
The Village and the Engineers have bound themselves, their members,
successors, 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 hereto have affixed their hands and
seals this day of , 1969.
VILLAGE OF DUBLIN, OHIO
By
Its Mayor
By
Its Clerk
LIMITED
By
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Approved as to form:
, Village Solicitor
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