04-81 Ordinance
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Nat1o~ G~JlhtClll C;arp" Cola., O. ~ Fol'm No. 1806-.
Ordinance N 0 .______~_'i:_~!__ p assed_________________________________________-'._____:._19 .;.--...
AN ORDINANCE ENTERING INTO AN ENGINEERING
I SERVICE AGREEMENT.
BE IT ORDAINED by the Council of the Village of Dublin, State of
Ohio, 7 of the elected members concurring:
Section 1.
That Charles R. Wolfe, professicnal Engineer, be, and hereby is,
employed to act as the Village Engineer under the cDnditions of an
"Engineering Service Agreement" attached hereto, marked as Exhibit
"A" and said attachment is hereby made an official part of this
Ordinance.
Section 2.
That this Ordinance shall take effect and be in fDrce from and after
the earliest period allowed by law.
Passed this r" day of Jt:r1/UII' 'I 1981.
ed!:..:., ~/~ r--
Mayor-Presiding Officer
ATTEST:
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. Clerk of ouncil
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ENGINEERING SERVICES AGREEMENT .
THIS AGlEEHENT is for engineering services between the Village of Dublin,
Ohio, and Charles R. Wolfe, 4846 Freshwater Road, Delaware, Ohio 43015.
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THIS AG.-. .de and entered into this .s'*' - day o~
, by and between the Village of Dublin, Ohio, hereinafter calle the'
Village, and Charles R. Wolfe, hereinafter called the Engineer.
WITNESSETH:
WHEREAS, the Village is planning to retain the services of a registered
pro~e8sional 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 amo~ts hereinafter specified I
.to be paid to the Engineer by the Village, the parties agree as follows:
1. 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
I and to a high degree of skill.
3. The Village and the Engineer each bind themselves, their Partners,
Successors, EXecutors, Administrators, and Assigns to the other party of this
Agreement, 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 ia 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
i directly or indirectly on a construction project provide~ prior to commencement
of work of any kind, a aeparatepolicy of insurance covering public liability,
death and property damage, naming the Village and the Enlineer, 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.
I ' Engineer shall at no t~e be deemed an employee of the Village, nor shall the
Village be deemed to be a partner or associate of the En~ineer in the conduct
~ of itsp~siness, nor shall the Village be liable for any. debts incurred by
Engineer.
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6. In orde.r: '1;0 provide the highest service possible, .and to perform fully
100% in the interest of the Village; to eliminate any possibility of conflict f#:
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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
improveaents Within the Village Corporate Limits while retained as Village
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Engineer. Excepting, therefor, any work commissioned or started before
acceptance of this Agreement.
7.:,This Agreement shall remain in effect until December 31, 1981.
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.
I 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
engineering 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 prDjects beyond the
capability of the Department, with the approval of Council.
e. Assist in preparation of Capital Improvement Budget.
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f. Advise Council and the Village,~anager, when requested~' on various
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I !,' I projects, the p~anning .and estimates of cost involved.
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g. Establish and maintain a filing system of Village Maps and Records
pertaining to the Engineering and Building Departments.
I h. Inspect and approve capital improvement projects.
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.
~ 'm~. .'Jhe,'reeforcall'eAgineeriDg:services ,shal1be'.based llpDn tbe;actuai time:: .
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expended by the Engineer in rendering such services, and the Village shall compensate
the Engineer as follows:
a. At the rate of $20.00 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 offi-
cial 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
I within thirty days.
This Agreement executed the day and year written at the beginning of this
Agreement.
VILLAGE OF DUBLIN
By
Ti tIe
ATTEST:
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Title ..
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CHARLES R. WOLFE
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