05-80 Resolution
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RECORD OF RESOLUTIONS
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I National Graphics Corp., Cols., O. ~ ~I Form No, 6233-A
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Resolution N 0 ,--__~~~__~_~__m__m__m
I Passed _u____ _ _ __m _m m__ __m _m___ m_m___m__19 muh_
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A RESOLUTION TO ADOPT A POLICY STATEMENT RE:
D CONSTRUCTION STANDARDS FOR PUBLIC IMPROVEMENT
PROJECTS PERFORMED UNDER VillAGE CONTRACT.
WHEREAS, it is the desire of the Council of the Village of
Dubl in, Ohio, to develop and implement a policy dealing with
repairs, restoration, clean-up, adhererence to completion dates,
public relations, etc. for those Public Improvement Projects
performed under Vi I lage contract.
NOW, THEREFORE, BE IT RESOLVED by the Counci I of the Vi Ilage of
Dublin, State of Ohio, ~ of the elected members concurring:
SECTION I . That the Policy Statement attached hereto, and there
by made a part of this Resolution, is hereby adopted.
SECTION 2. That the Policy Statement shall be implemented and
enforced by the Vi Ilage Engineer under the direction of the
V i II age Manager. The Vi Ilage Engineer shall make this Policy
Statement a part of the "General Conditions " of all Pu b lie Im-
provement contracts between the Vi Ilage of Dublin and private
Contractors, and shal I take those actions necessary to insure
i [ that all potential bidders on said Public Improvement Projects
i are fully aware of this Policy Statement and its intent and
I implication. This Policy Statement shall be used in conjunction
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with the Vi Ilage of Dubl in Standard Construction Regulations
(Ordinance 29-76).
SECTION 3. That this Resolution shall take effect and be In
force from and after the earliest period allowed by law.
Passed this ~ day of ~ , 1980.
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Mayor - Presiding Officer
ATTEST:
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\>J1 Clerk of Counc i I
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INCORPORATED
February 25, 1980 Dublin, Ohio 43017
POLICY STATEMENT
() PU B 1I C IMPROVEMENT PROJECTS UNDER VILLAGE CONTRACT
I. CONSTRUCTION REQUIREMENTS
A. Reseeding berms, easements and rights-of-way; re-
planting trees, shrubs and other vegetation shall
be done on a properly prepared surface using a
good grade of topsoi I rather than subsurface soils.
B. A II road repairs shall be based upon the condition
of the road prior to construction. If the subject
project results in a series of patches which will
result in an uneven surface or will cause eventual
surface damage or road deterioration, the final re-
pair shall be a complete re-surfacing rather than a
series of patches. This decision shall be made by
the Vii lage Engineer, upon approval of the Manager.
The additional cost of said repairs shall be re-im
bursed to the Contractor from the Village, using
the unit cost established in the contract or a pre-
negotiated cost.
tJ C. Each Contractor shall maintain proper and sufficient
equipment on-site to effect comprehensive daily clean-
up of the affected roads and proper, timely road re-
pairs, and submit phone numbers where an agent of the
Contractor can be reached at all times.
I I . TIMING
A. A II contracts sha II have firm dates for initiation of
project; intermediate and final repairs on roads, berms,
easements; and completion of project. The V i II age Eng-
ineer, under the direction and with the concurrence of
the Village Manager, may extend these dates because of
factors outside the Contractor's control (eege weather
conditions, unknown/unexpected subsoil conditions, etc. )
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III. PAYMENTS WITHHELD
1. The Village may wi. thhold or, on aooount of subsequently di soovered.
evidenoe, nullify the whole or a part of any request for payment
to suoh extent as may be neoessar.y to protect itself from loss on
acoount of :
A. Defective work not remedied
B. Claims filed or reasonable evidenoe indioating probable
filing of olaims
r C. Failure of the Contraotor to make payments properly to
Sub-Contraotors or for material or labor
~ D. A reasonable doubt that the oontraot oan be oompleted
for the balanoe then unpaid
E. Damage to another Contraotor or property owner
F. A:r1y oleanup, or repairs made by the Village due to the
Contractor's failure to do so in a timely manner
G. A:r1y other violation of or failure to oomply with the
provisions of this oontract.
When any suoh problems as the above have been resolved to the sat-
isfaotion of the Village, payment shall be made for amounts wi th-
held beoause of them.
2. VILLAGE'S RIGHT TO 00 WORK
If the Contraotor should negleot to prosecute the work properly
or fail to perform any provision of the oontract, the Village
after ten (10) days written notioe to the Contraotor, may, with-
out prejudioe to any other remedy it may have, make good suoh
defioienoies, and may deduot the oost thereof from the payment
then or thereafter due the Contraotor.
3. ACCEPl'ANCE AND FINAL ESTIMATE
0 When, in the opinion of the Engineer, all the work oontemplated
by this oontract is oompleted, he shall measure said work and
prepare a final estimate of the same. The Village shall, within
fifteen (15) days after reoeiving the final estimate, make pay-
ment of one hundred percent (100%) of the amount of said estimate
less previous payments to the Contractor excepting suoh sums as
may lawfully be retained under the terms of this oontraot and pro-
vided that all the terms of this oontraot have been oomplied with.
4. MONTHLY ESTIMATES:
On or about the first of eaoh month, the Contractor shall prepare
and submit to the Engineer for approval, an estimate of the amount
of labor performed and of the amount of materials inoorporated in
the work and/or acoeptable materials delivered to the site.
An Aot of the l03rd General Assembly of the State of Ohio (Am. Sub.
House Bill No. 330) is interpreted as follows:
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4. MONTHLY ESTIMATES oont' d.
Aooeptable materials delivered to the site but not inoorporated
in the work will be paid for at ninety-two percent of the in-
voioe value of same. Until the job is fifty percent oompleted
the Contractor will be paid ninety-two percent of the estimated
value of labor and material oompleted in acoeptable form. This
eight percent retention of the first fifty percent of the job
will be held Qy the Owner until 30 days after oompletion. Aft er
the project is fifty percent oompleted, material and labor in-
D oorporated in the work will be paid for at one hundred percent
of the estimated value of same as bid.
5. FINAL PAYlmlT:
When the projeot is oompleted to the satisfaction of the Engineer,
the Contractor shall be paid an amount whioh will bring the total
payments to him up to ninety-six percent of the value of the oon-
traot.
The Aot makes referenoe to payments of estimates "Unless the Con-
traotor does not proseoute the work with diligenoe and with the
force speoified or intended in the oontraot."
From the date of satisfaotory oompletion and acoeptanoe of thll work,
four percent shall be retained as additional seourity for thirty days
for the faithful performanoe of the oontraot, after whioh time, if
the oontraot has been faithfully performed, nothing shall be retained.
6. REPAIRS FOR ONE YEAR:
The Contractor shall make all repairs due to defective workmanship or
material for the term of one year after the final acoeptanoe date and
shall oorreot and repair promptly during that time all defeoti ve work
and material of whatever description. However, ordinary wear and tear
D or damage due to negligent or improper operation or maintenanoe on the
part of the Owner shall not be deemed any obligation of the Contraotor.
In oase the Contraotor shall neglect or fail to promptly make said re-
pairs, after written notifioation, the Owner shall oause suoh repairs
to be made at the expense of the Contractor and/or his surety.
As a guarantee for the faithful performanoe of the repairs for one
year as outlined above, the Contractor shall furnish to the Owner
a surety bond exeouted by an aooeptable surety oompany in the amount
of five percent of the final oontraot amount.
1. USE OF COMPLETED PORTIONS:
The Village shall have the right to take pesession of and use any
oompleted or partially oompleted portions of the work, notwithstanding
the time for oompleting the entire work or suoh portions as may not
have expired; but suoh taking possession and use shall not be deemed
an aooeptanoe of a:ny work not oompleted in acoordanoe with the Contract
Doouments. If suoh prior use increases the cost of, or delays the work,
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the Oontractor shall be entitled to such extra compensation as the
Engineer may determine.
8. The Village Engineer shall maintain records of which Oontractor's
meet their schedules for clean-up and repair. SUch information
shall be used. in awarding future contracts under the "lowest and
best" bid criteria, thereo" providing Oontractors who meet these
Village standards.
IV. PUBLIO RELATIONS:
D A. All major project contracts shall require the Oontractor to perform
a pUblic relations fUnction, inoluding timely press releases re-
garding road closings; notice of information to individual residences,
businesses, etc.; and periodic progress reports to Oouncil and Manager.
13. The Village Engineer shall work with the Oontractor to resolve griev-
ances, and if necessary shall recommend appropriate action to the
Manager to resolve "problem areas."
o. If the Manager should be informed by the Village Engineer that a
situation in paragraph 13 occurs, he shall inform Oouncil and recom-
mend appropriate action. A oi tizens action line may be one solution
recommended to act upon questions and complaints from private citizens.
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