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019-87 Ordinance RECORD OF ORDINANCES National Graphics Corp., Cols., O. Form No. 2808-A O~~dinanee No._. __1.9_-87_ Passed _ 19_ _ AN ORDINANCE TO ACCEPT A QUOTATION FROM AN ENGINEERING FIRM TO DESIGN PUMPING CAPACITY CHANGES, PREPARE CONSTRUCTION DRAWINGS AND SPECIFI- CATIONS AND BID DOCUMENTS FOR THE MAIN DUBLIN SANITARY SEWER PUMP STATION AT 6200 DUBLIN ROAD. WHEREAS, said sewer lift station is subject to periodic inflows which surpass the capacity of the pumps; and WHEREAS, it is the desire of Council to expand the capacity of the pumps at this Sanitary Sewer Pump Station; NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin, State of Ohio, 7 of the elected members concurring: Section 1. That the quotation of Floyd Browne Associates, Limited, in an amount not to exceed $26,000.00 for said services be, and hereby is, accepted. Section 2. That the Village Manager and Finance Director be, and they hereby are, authorized and directed to execute a contract with the said Floyd Browne Associates, Limited. s Section 3. That there is hereby appropriated from the Sewer Fund, to the account of E02-05-5J-2300 the sum of $26,000.00 to meet the obligations of this contract. Section 4. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this 2nd day of February , 1987. G J~~/L Mayor - Presiding Officer Attest: r~ ~~-~~o ~~dJ , ~~`C~.-~ Clerk of Council i Sponsor: Village Manager f hereby certify that copies of this OrdinancP~p^~^'~~~~an ~ were posted in the Pillage of Dublin in with Section 131.25 of the ~ is ReviSe~ : ~~Q~~ ~ .ic,~~~ Clerk of Council t , • ~ f A G R E E M E N T THIS AGREEMENT made as of the ~,~1;3~e~ day of Ex3~ 1987, by and between the Village of Dublin, Ohio, in that behalf duly authorized by Stat to and by Ordinance No. /G'- ~ 7 passed the day of ~ 1987, hereinafter referred to as the CLIENT and Floyd Browne A ociates, Incorporated, an Ohio corporation with its principal offices in Marion, Ohio, by its Chairman, and Treasurer, hereinafter referred to as the "ENGINEER." WHEREAS, the CLIENT owns and is responsible for the operation and maintenance of two sanitary wastewater lift stations located at 6200 Dublin Road in the Karrer Place Subdivision; WHEREAS, said lift stations are subject to periodic influent flows which surpass the capacity of the pumps in the lift stations causing raw wastewater to overflow from the wet well at the site; WHEREAS, said overflowing wastewater flows directly into the Scioto River untreated; WHEREAS, said untreated wastewater causes pollution of the Scioto River; causes potential health hazards in the river downstream from the lift stations; and also causes odor problems in the residential areas south of the lift stations; WHEREAS, the CLIENT has determined that it will proceed with the development of plans to increase the pumping capacity at the lift station such that raw wastewater will no longer overflow from these facilities into the Scioto River will be reduced; WHEREAS, it is necessary to employ registered professional engineers to prepare construction drawings, specifications, and opinions of probable cost; furnish basic services during construction, resident project representation services; and furnish other engineering services required for the construction of the improvements and additions. NOW, THEREFORE, the CLIENT and the ENGINEER in consideration of the mutual covenants hereinafter set forth agree as follows to wit: SECTION 1 - BASIC SERVICES OF THE ENGINEER 1.1 General 1.1.1 The ENGINEER agrees to perform professional services in connection with the Project as herein stated. 1.1.2 The ENGINEER agrees to provide the services on a schedule compatible with the CLIENT's facility improvement schedule. 1.1.3 The ENGINEER will serve as the CLIENT'S professional engineering representative in those phases of the Project to which this Agreement applies, and will give consultation and advice to the CLIENT during the performance of his services. 1.1.4 The ENGINEER certifies he has the manpower on staff required to meet the projected manpower and facility requirements and provide the services necessary to implement the project. 1.1.5 The project shall consist of preparing detailed and approvable construction drawings, specifications and opinions of probable cost, for improvements to be made to the wastewater pumping facilities owned and operated by the CLIENT. 1.2 Preliminary Design Phase During the Preliminary Design Phase the ENGINEER will: 1.2..1 Provide all necessary field investigations and topographic surveys. 1.2.2 Review previous available studies, general and detail plans and records. 1.2.3 Consult with representatives of the Ohio Environmental Protection Agency to determine requirements applicable to the Protect. 1.2.4 Prepare preliminary design data on the Project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the CLIENT to include schematic layouts, sketches, and design criteria to develop and establish the scope of the Project. 1.2.5 Consult with the CLIENT to present preliminary plans, conclusions and recommendations. -2- 1.2.6 Prepare preliminary opinions of probable cost of the Project based on the information developed during the Preliminary Design Phase and review such costs with the CLIENT prior to proceeding with the Final Design. 1.3 Design Phase After reviewing the Preliminary Design with the CLIENT the ENGINEER will: 1.3.1 Prepare preliminary design documents consisting of final design criteria, preliminary drawings and outline speci- fications. 1.3.2 Advise the CLIENT as to the necessity of his providing or obtaining from others services of the types described in paragraph 3.2, and act as the CLIENT's representative in connection with any such services. 1.3.3 Prepare final drawings to show the character and scope of the work to be performed by Contractors on the Project (hereinafter called the "Drawings") for incorporation into the Contract Documents. 1.3.4 Prepare technical data in the form of work and material specifications to be performed and/or furnished by Con- tractors on the Project (hereinafter called the "Specifications") for incorporation into the Contract Documents. 1.3.5 Prepare quantity estimates and opinions of probable cost based on the completed Drawings and Specifications and furnish the CLIENT an opinion of the probable construction cost. 1.3.6 Furnish to the CLIENT engineering data for and assist in the preparation of the required documents so that the CLIENT may secure approval of such governmental authorities as have jurisdiction over design criteria applicable to the Project. 1.3.7 Assist the CLIENT in the preparation of the advertise- ment, instruction to bidders, proposal forms and special conditions for incorporation into the Contract Documents defined as the drawings, specifications, advertisement, instructions to bidders, proposal forms, contract forms, proposal and contract bonds, general and special con- ditions. 1.3.8 Furnish ten (10) copies of the Drawings and Specifica- tions in final form. This completes the Design Phase. -3- 1.4 Bidding Phase 1.4.1 Assist the CLIENT in obtaining bids for construction by mailing notices to Contractors and Suppliers when the Project has been properly authorized for construction. 1.4.2 Issue addenda as appropriate to interpret, clarify, or expand the bidding documents. 1.4.3 Assist the CLIENT in evaluating the bids and in pre- paring construction contracts. 1.4.4 Consult with the CLIENT concerning, and participate in all decisions as to the acceptability of sub-contractors and other persons and organizations proposed by the Contractor for those portions of the work for which such acceptability is required by the bidding documents. 1.5 Construction Phase The construction phase will commence with the award of the con- struction contract and will terminate upon written approval of final payment by the ENGINEER. After written authorization given by the CLIENT, the ENGINEER will: 1.5.1 Advise and consult with the OWNER and act as his repre- sentative during the construction. All of the CLIENT'S instructions to Contractor will be issued through the ENGINEER who will have authority to act on behalf of the CLIENT to the extent provided in the General Conditions of_ the construction contract except as otherwise provided in writing. 1.5.2 Make periodic visits to the site at intervals appropri- ate to the various stages of construction as ENGINEER deems appropriate in order to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Con- tract Documents; he will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work; he shall not supervise, direct, or have control over Contractor's work nor shall ENGINEER have authority over or responsi- bility for the construction means, methods, techniques, sequences or procedures or the safety precautions incident thereto; his efforts will be directed toward providing assurance for the CLIENT that the completed Project will conform to the requirements of the Contract Documents, but he will not be responsible for the Con- -4- tractor's failure to perform the construction work in accordance with the Contract Documents; and during such visits and on the basis of his on-site observations as an experienced and qualified design professional, he will keep the CLIENT informed of the progress of the work, will endeavor to guard the CLIENT against defects and deficiencies in the work of the Contractor and may recommend disapproval or rejection of work as failing to conform to the Contract Documents. 1.5.3 Review and take appropriate action on shop drawings, product data, samples, and other submittals required by the Contract Documents. Such review shall be only for general conformance with the design concept and general compliance with the information given in the Contract Documents. It shall not include review of quantities, dimensions, weights or gauges, fabrication processes, construction methods, coordination with the work of other trades, or construction safety precautions, all of which are the sole responsibility of the Contractor. ENGINEER's review shall be conducted with reasonable promptness consistent with sound professional practice. Review of a specific item shall not indicate acceptance of an assembly of which the item is a component. ENGINEER shall not be required to review and shall not be responsible for any deviations from the Contract Documents not clearly noted by the Contractor, nor shall the ENGINEER be required to review partial submissions or those for which submissions for correlated items have not been received. 1.5.4 Prepare routine change orders as required. 1.5.5 Based on his on-site observations as an experienced and qualified design professional, on information provided by the Resident Project Representative and on his review of the Contractor's applications for payment and supporting data, determine the amount due the Contractor and recommend in writing payment to the Contractor in such amounts; such recommendations of payment will constitute a representation to the CLIENT, based on such observations and review, that the work has progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work as a functioning Project upon substantial completion, the results of any subsequent tests called for in the Contract Documents and to any qualifications stated in his approval) but by recommending any payment ENGINEER shall not be deemed to have represented that he has made any examination to determine how or for what purposes the Contractor has used the monies paid on account of the contract price. -5- 1.5.6 Conduct an inspection to determine if the Protect is substantially complete and a final inspection to determine if the Project has been completed in accordance with the Contract Documents and the Contractor has fulfilled all of his obligations thereunder so that the ENGINEER may recommend, in writing, final payment to the Contractor. 1.5.7 Not be responsible for the acts or omissions of any Con- tractor, any sub-contractor or any of the Contractor(s)' or sub-contractors' agents or employees or any other persons (except his own employees and agents) at the Project site or otherwise performing any of the work of the Project. SECTION 2 - ADDITIONAL SERVICES OF THE ENGINEER 2.1 Resident Services During Construction After written authorization given by the CLIENT, the ENGINEER will furnish Resident Project Representatives as herein stated: 2.1.1 If requested by CLIENT or recommended by ENGINEER and agreed to in writing by the CLIENT, one or more Resident Project Representatives will be furnished and will act as directed by ENGINEER in order to assist ENGINEER in observing performance of the work of Contractor(s). 2.1.2 The duties and responsibilities and the limitations on the authority of the Resident Project Representative and assistants will be set forth in an Exhibit which is to be identified, attached to and made a part of this Agreement before such services begin. 2.1.3 Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the Resident Project Representative (if furnished) and assistants, ENGINEER shall endeavor to provide further protection for CLIENT against defects and deficiencies in the work of Contractor(s); but the furnishing of such resident Project representation will not make ENGINEER responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or for Contractor(s)' failure to perform their work in accordance with the Contract Documents. 2.2 Additional Services of the ENGINEER After written authorization given by the CLIENT, the ENGINEER will furnish or obtain from others, additional services, as herein stated. -6- 2.2.1 Provide additional services due to significant change in general scope of the Project or its design including, but not limited to, changes in size, complexity, or character of construction. 2.2.2 Revise previously completed and/or approved studies, reports, design documents, Drawings or Specifications when such revisions are due to causes beyond the control of the ENGINEER. 2.2.3 Prepare documents for alternate bids, when requested by the CLIENT, for construction work which is not executed. 2.2.4 Provide other additional services in connection with the Project, including services normally furnished by the CLIENT, and services not otherwise provided for in the Agreement. 2.2.5 Furnish additional copies of reports and additional copies of Drawings and Specifications. 2.2.6 Prepare for CLIENT a set of reproducible record prints of Drawings showing those changes made during the construction process, based on the marked-up prints, drawings and other data furnished by Contractor(s) to ENGINEER and which ENGINEER considers significant. 2.2.7 Prepare to serve and serve as an expert witness for the CLIENT in any litigation or other proceeding involving the Project. 2.2.8 Provide additional or extended services during the construction phase made necessary by (1) work damaged by fire or other causes during construction, (2) prolongation of the construction contract time of any prime construction contract after the construction contract time has been exceeded or extended by more than 30 days through no fault of the ENGINEER, and (3) delinquency or insolvency of any construction contractor. 2.2.9 Prepare an Operation and Maintenance (0&M) manual for the improvements. Provide ten (10) copies of the 0&M manual to the CLIENT prior to start-up of the system. 2.2.10 Provide start-up services by a qualified certified wastewater operator to check the system and provide initial hands-on training and classroom work for CLIENT personnel. SECTION 3 - SERVICES TO BE PERFORMED BY THE CLIENT 3.1 Provide full information as to the CLIENT'S requirements for the Project, including all available engineering data, -7- reports, zoning maps, regional plans, design objectives and restraints, any budgetary limitations, and other information that may be useful in the performance of the engineering services. 3.2 Furnish the ENGINEER property, boundary, right-of-way, inspections of samples and materials; and other specific information about the site unless the ENGINEER is to provide this information in his performance of the additional engineering services authorized from time to time. 3.3 Make all provisions for the ENGINEER to enter upon public and private lands as required for the ENGINEER to perform his services under this Agreement. 3.4 Advertise for bids from bidders, open the bids at the appointed time and place and pay for all costs incident thereto. 3.5 Examine all studies, reports, sketches, Drawings, Specifica- tions, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as CLIENT deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. 3.6 Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as CLIENT may require or ENGINEER may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as CLIENT may require to ascertain how or for what purpose any Contractor has used the monies paid to him under the construction contract, and such inspection services as CLIENT may require to ascertain that Contractor(s) are complying with any law, rule or regulation applicable to their performance of the work. 3.7 Designate in writing a person to act as the CLIENT'S repre- sentative with respect to the work to be performed under this Agreement; and such person shall have complete authority to transmit instructions, receive information, interpret and define the CLIENT'S policies and decisions with respect to materials, equipment elements and systems pertinent to the work covered by this Agreement. 3.8 Give prompt written notice to the ENGINEER whenever the CLIENT observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEERS services, or any defect in the work of Contractor(s). 3.9 Obtain approval of all governmental authorities having jurisdiction over the Project. -8- 3.10 If the ENGINEER is not authorized to provide a Project Resident Representative, the CLIENT shall designate another person to represent CLIENT at the Project site who is not ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such other person and the effect thereof on the duties and responsibilities of ENGINEER under this Agreement will be set forth in an exhibit that is to be identified, attached to and made a part of this Agreement before such services begin. 3.11 Bear all costs incidental to compliance with the requirements of this Section 3. SECTION 4 - PAYMENTS TO THE ENGINEER 4.1 Payment for Services and Expenses of the ENGINEER 4.1.1 The CLIENT will pay the ENGINEER for the Basic Services during the design and bidding phases a fixed lump sum fee to cover all of the costs for performing the services as defined in Sections 1.1, 1.2, 1.3, 1.4. Said fixed lump sum fee shall be Twenty Six Thousand Dollars ($26,000.00). The fixed lump sum fee will establish a guaranteed cost which will not be increased except in the case of a formal amendment to the agreement increasing the scope of work. The CLIENT will make monthly progress payments based upon monthly estimates of the proportion of the total services actually completed at the time of billing provided by the ENGINEER. 4.1.2 The CLIENT will pay the ENGINEER for other engineering services as described in paragraphs 2.2.1 to 2.2.10 a separate fee to be negotiated. At that time this agreement will be amended to incorporate the appropriate clauses and cost data. 4.2 General 4.2.1 The CLIENT will make prompt monthly payments in response to the ENGINEER'S monthly invoices for all categories of services rendered under this Agreement and for reimbursable expenses incurred. 4.2.2 If the CLIENT fails to make any payment due the ENGINEER on account of his services and expenses within thirty days after receipt of the ENGINEER'S bill therefor, the amounts due the ENGINEER shall include a charge at the rate of 1}x per month from said thirtieth day, and in addition the ENGINEER may, after giving ten (10) days written notice to the CLIENT, suspend services under this Agreement until he has been paid in full all amounts due him on account of his services and expenses plus accrued interest. -9- 4.2.3 If this Agreement is terminated upon completion of any phase of the ENGINEER'S services, progress payments to be made to the ENGINEER on account of services rendered shall constitute total payment. If this Agreement is terminated during any phase when the ENGINEER is being compensated on the basis of a lump sum or a percentage of construction cost, the ENGINEER shall be paid for services rendered on the basis of his reasonable estimate of the portion of such phase completed prior to termination. If this Agreement is terminated during any phase when the ENGINEER is being compensated on the basis of payroll times a factor, the ENGINEER shall be paid for services rendered to the date of termination. In the event of any termination, the ENGINEER will be paid for all his reasonable expenses resulting from such termination, and for any unpaid reimbursable expenses. 4.2.4 If, prior to termination of this Agreement, any work designed or specified by the ENGINEER during any phase is suspended in whole or in part for more than three months or is abandoned, after written notice from the CLIENT, the ENGINEER shall be paid for services performed prior to receipt of such notice from the CLIENT as provided in paragraph 4.2.3 for termination during any phase of his services. SECTION 5 - GENERAL CONSIDERATIONS 5.1 Termination This Agreement may be terminated by either party by ten (10) days written notice in the event of substantial failure to perform in accordance with the terms thereof by the other party through no fault of the terminating party. If this Agreement is so terminated, the ENGINEER shall be paid as provided in paragraph 4.2.3. 5.2 Reuse of Documents All documents, including Drawings and Specifications prepared by ENGINEER pursuant to this Agreement are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at CLIENT'S sole risk and without liability or legal exposure to ENGINEER; and CLIENT shall indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by CLIENT and ENGINEER. -10- 5.3 Opinions of Probable Cost Since the ENGINEER has no control over the cost of labor, materials, or equipment or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, the opinions of probable cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry, but the ENGINEER cannot and does not guarantee that bids or the Project construction cost will not vary from opinions of probable cost prepared by him. 5.4 Insurance The ENGINEER shall secure and maintain such insurance as will protect him from claims under the Workmen's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of his services under this Agreement. 5.5 Successors and Assigns The CLIENT and the ENGINEER each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, execu- tors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto, nor shall it be construed as giving any rights or benefits here- under to anyone other than the CLIENT and the ENGINEER. 5.6 Liability of the ENGINEER The ENGINEER shall be liable only for damages caused by negligence of it or its employees. It assumes no responsibility for services performed by sub-contractors or consultants engaged by it except responsibility for selecting such sub-contractors or consultants with reasonable care. It assumes no responsibility for infringement of any patent, copyright, trademark or other legally protected right resulting from the use or adoption of designs or specifications supplied by it, except for responsibility for advising the CLIENT that a claim of infringement may be asserted when it has or should have knowledge that such is the case. 5.6.1 Extent of Liability The liability of the ENGINEER for negligent performance of the services called for by this agreement is hereby limited to the sum of $1,000,000.00. The ENGINEER hereby agrees to maintain professional liability insurance in force throughout the period during which -11- • / 1 " such services are being rendered which provides coverage of not less than $1,000,000.00 per claim and to furnish the CLIENT upon demand with appropriate evidence that such insurance is in force. 5.7 Equal Employment Opportunity The ENGINEER shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. The ENGINEER shall take affirmative action to insure that applicants are employed and that employees are - treated during employment, without regard to their race, religion, color, sex, or national origin. As used herein, the word "treated" shall mean and include, without limitation, the following: recruited, whether by advertising or other means; compensated, whether in the form of rates of pay, or other forms of compensation; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The ENGINEER shall in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, or national origin. 5.8 Except as may be otherwise provided in this agreement, all claims, counter-claims, disputes, and other matters in questions between the CLIENT and the ENGINEER arising out of or relating to this Agreement or the breach thereof will be decided by arbitration if the parties mutually agree or in a court of competent jurisdiction within the State in which the CLIENT is located. -12- IN WITNESS WHEREOF, the parties hereto have offered their hands to triplicate copies of the Agreement. WITNESS: VILLAGE OF DUBLIN, OHIO By Q ~ Date WITNESS: FLOYD BROWNE ASSOCIATES, INC. Charles W. Wright, P.E., Chairma By Garry D. Cole, .E., Treasurer Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY r Legal Counsel -13- i CERTIFICATE OF FISCAL OFFICER As Fiscal Officer of the ~ ~ ~ I hereby certify that funds have been lawfully appropriated for the purpose of meeting the obligations of such amount a ~ ~ ~ Dollars ( ,(,1Zj) of a contract with Floyd Browne Associates, Incorporated, Consulting Engineers, Marion, Ohio, duly authorized by Ordinance No. passed on the day of 1987, and that said sum is in the ~ ,aX'n~ Account, free from any previous encumbrances, or in the process of collection. Signed this~~ day of ~ 1987. Fisc 1 Officer -14-