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048-87 Ordinance r RECORD OF ORDINANCES 3 9 National Graphics Corp., Cols., O. Form No. 2806-A Ordinance No.______ 48-87 Passed____ _________19_____ AN ORDINANCE TO ENTER INTO AN AGREE- MENT BETWEEN AN ARCHITECTURAL FIRM AND THE VILLAGE OF DUBLIN TO PROVIDE BUILDING PLANS EXAMINATIONS SERVICE. WHEREAS, the Village of Dublin on this date does not have a Commercial Plans Examiner in-house; and WHEREAS, the Village of Dublin is currently advertising for the new position of Building Inspection Administrator/Commercial Plans Examiner position as part of the Village Classification Plan; and WHEREAS, it is necessary that operational continuity needs to be restored in the Building and Engineering Department in order to provide more efficient and effective service to the public; NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin, State of Ohio, 6 of the elected members concurring: Section 1. That the quotation of Faber-Irelan Design Associates, Inc. for building plans examinations service be and hereby is, accepted, and Section 2. That the Acting Village Manager and Finance Director be, and hereby is, authorized and directed to execute a contract with Faber-Irelan Design Associates, Inc. Section 3. That this Ordinance be, and the same hereby is, declared to be an emergency measure necessary for the public health, safety and welfare, and therefore, shall take effect and be in force immediately upon its passage. Passed this 18th day of May 1987. Mayor - Presiding Officer Attest: Jerk of Coun it Sponsor: Acting Village Manager 1 hereby certify that copies of th~c ~•"-~^ce/Resolution were posted in the Viil~gQ r` ;accordance with Section 731.25 of the C: ; ~h~~ _ ~--T Clerk of Council I ¦ IFAB E R- I RE LAN DESIGN ASSOCIATES, INC. ' f ~ Fvchitects, Engineers i Cosign-Build Specialists ~ ! Planners, Consultants May 1, 1987 Class II Flans Examiners HOURLY RATE S Overhead Multiplier 2.2 Associate D P E Multiplier Billing Rate 2. 20 550. 00 Fredrick S. Faber, Architect 522• ?3 50. 00 Gary N. ~:ay, Project Arch. I 22.73 2.20 Note: Direct personnel expense tD.P.E) includes vacation and sick time, holidays, insurance, FICA, and other normal employee expenses. All secretaries time is included in O.H. multiplier and is not normally billed. Special computer time quoted per job. Travel time away from the office in the interest of a project i;s always billed. Consultants staff rates quoted per job. 6233 Avery Road Fredrick S Faber P.O. Box 366 Architect Dublin, Ohio 43017 Victor D Irelan 614.889.5988 Professional Engineer THE AMERICAN INSTITUTE OF ARCHITECTS ~ill;~ AfA Document 816 Standard Form of Agreement ~etweer~ Ov~~er aid Ar~~rtect For De~~g~iated ~er~c'e~ 1977 EDE~1~JN This r1nCi:r+t?nt iS !"~tPtiur'u `•G E1Seu ~sl COny`UriCtVOn with ,ql:~ L)C',CUrnPr~t E1P•~' JCODE' Of ~2S+El1rtP~ ~E2fviCE'S. ih+~ C'JC~ 1aEN" 1-'.AS 1~1.?PbRTANT LfGAi CO^:StQ i~P;LES: Cr.1rti'.r 'L'ATIN:'`' 64 iTN A;v iin,~'EY i5 c:•cr`~U~At'_E= 1'r;TH RESPECT TO ~ C;;~-iPtfTt~J',' OR ~~1C?lilf(CATh:;-:'V A•`,REE'~?ENT da ~ of Ma r-• the vear c~~ ?~inetE'e++ rr}ade as of tLle First (1st) j y R-fUncired anc Lighty seven May 1, 1.987) ~CT~1~'EE!~{ the L~~^%~:Pr: <'il age ;f Dublin f;5b3 Coffman Road r~~'~1in, Ohio 4307 ~nC~ `he ArC:hitCCt: Faber-~Irelan Design Asso;_i.=*~c~s, Inc. 6385 Shi.er~-Rings Road 13ox 3 r' 0 3ubiin, Ohic 43017 Fir the fr!Ic>``>~ Fng ~'r~~;ect: r;. , ..oe .ie: J de+z r _ ~ _ -cope The Architect shall pro,Jide 3uilding Plans Es:amirations and report a1.1 f:~n~` _rigs to the Gi7.lage of ~+u~lin on a consulting basis and as weeded and. as prov:i~uE=d sor by t'rte Ohio Basic Building :ode t;OBBC) Chapters 4101:2-1 0 4i01":2--~1 of tre Administrative Code of the State of. Ohio. The n~tiner and the Architect agree as set forth bei~~ti'. Capvright C 19;i by The Arner:can Institute of Architects, 1'3~ Ne.+ Y'orti Avenue, N.W., ~4ashinton: D.C. 2i0C+6. Reproduction cf the material herein or substantial quotation of its previsions v~'ithuut permission o! the AfA vr:;fates the copyright laws of the United States and ~+ill be subject to legal prosecution. AU DOCIiMENT 8161 DESIGNA'EO SERVICES AGREEMENT NO\'EMBER '!9" EDITION AfA C? • C' T9?, B~61-1977 1 THE .4h1ERICAI tNSTt'UTE OF ARCHiTEC?5, V35 NEVY PORK AVENUE, N.W'., bVAShINGTON, D.C. :(Y.1p6 (This page blank) AIA DOCUMENT Bi6i • DESIGNATED SERVICES AGREEMENT • NOVE,418ER 197% EDITION • .41A 19'7 2 6161-1977 THE AMERICAN INSTITUTE Of .ARCHITECTS, 1735 NEW YORK AVENUE, N.W., ~k,45HIN~TON D.C. 20IX16 TERMS AND COND{TIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 safety precautions and programs in connection with the Work, for the acts or omissions of the Contractor, Subcon- 1,1 DESIGNATED SERVICES tractors or any other persons performing any of the Work, The Architect's Designated Services consist of those or for the failure of any of them to carry out the Work in services agreed to be performed directly by the accordance with the Contract Documents. Architect, through the Architect by utilization of 1 26 The Architect shall at all times have access to the Outside Services, and by Coordination Services per- Work wherever it is in preparation or progress. formed by the Architect on services provided by the O~~ner, for and necessary to the Project, as 1.2.7 The Architect shall determine the amounts owing identified and described in the Scope of Designated to the Contractor based on observations at the site and on Services attached to and made a part of this evaluations of the Contractor's Applications for Payment, Agreement. and shall issue Certificates for Payment in such amounts, 1,2 CONSTRUCTION CONTRACT ADMINISTRATION as provided in the Contract Documents. PHASE 1.2.8 The issuance of a Certificate for Payment shall con- The follev, ing terms and conditions shall apply to stitute a representation by the Architect to the Owner, the relevant Construction Contract Administration based on the Architect's observations at the site as pro- phase services, if any, as may be included in the vided in Subparagraph 1.2.4 and the data comprising the Scope of Designated Sen-ices attached to and Contractor's Application for Payment, that the Work has made a part of this .Agreement. progressed to the point indicated; that, to the best of the Architect's knowledge, information and belief, the quality 1.2.1 The Construction Phase will commence with the o{ the Work is in accordance with the Contract Docu- award of the Contract for Construction and, together with ments (subject to an evaluation of the Work for conform- the Architect's obligation to provide services under this ante With-tiEa_e'Contract Documents upon Substantial Com- phase or the Agreement, will terminate when final pay- pletion, to the results of any subsequent tests required by ment to the Contractor is due, or in the absence of a final or performed under the Contract Documents, to minor Certificate for Payment or ~f such due date, sixty days deviations-from the Contract Documents correctable prior after the Date of Substamial Completion of the '~'4'ork, to completion, and to any specific qualifications stated in whichever occurs first. the Certificate for Payment); and that the Contractor is 1.2.2 Unless otherwise provided in this :agreement and entitled to payment in the amount certified. However, the incorporated in the Contract Documents, the .Architect issuance of a Certificate for Payment shall not be a repre- shall provide adrninistration of the Contract for Construe- sentation that the Architect has made any examinat;an to lion as set forth below and in the edition of AfA Docu- ascertain how and for what purpose the Contractor has ment A20~, General Conditions of the Contract for Con- used the moneys paid on account of the Contract Sum. struction :urrent as of the date of this Agreement. 1.2.9 The Architect shall be the interpreter of the 1.2.3 The Architect shall be a representative of the requirements of the Contract Documents and the judge of Owner durir:g the Construction Phase, and si,all advise the performance thereunder by both the Gwner and Con- and consult ~ti ith the Owner. Instructions to the Contractor tractor. The Architect shall render interpretations neces- shall be forwarded through the Architect. The Architect sary for the proper execution or progress of the Work with shall have au±hority to act on behalf of the Owner only to reasonable promptness on written request of either the the extent provided in the Contract Documents unless Owner or the Contractor, and shall render written deci- othenvise modified by written instrument in accordance sions, within a reasonable time, on all claims, disputes and with Subparagraph 1.2.16. other matters in question between the Owner and the Contractor relating to the execution or progress of the 1.2.4 The Architect shalt visit the site at intervals appro- lNork or the interpretation of the Contract documents. priate to the stage of construction or as otherwise agreed by the Architect: in Writing to become generally familiar 1.2.1Q Interpretations and decisions of the Architect shall with the progress and quality of the ~Nork and to deter- be consistent with the intent of and reasonably inferable mine in general if the ~1~'ork is proceeding in accordance from the Contract Documents and shall be in written or with the Contract Documents. However, the Architect graphic form. In the capacity of interpreter and judge, the shall not be required to make exhaustive or continuous Architect shall endeavor to secure faithful performance by on-site inspections to check the quality or quantity of the both the Owner and the Contractor, shall not show par- Work. On the basis of such on-site observations as an tiality to either, and shall not be liable for the result of any architect, the Architect shall keep the Owner informed of interpretation or decision rendered in good faith in such the progress and quality of the Work, and shat! endeavor capacity. to guard the 0~4~ner against defects and deficiencies in the 1.2.11 The Architect's decisions in matters relating to Work of the Contractor. artistic effect shall be final if consistent with the intent of 1.2.5 The Architect shall not have control or charge of the Contract Documents. The Architect's decisions on any and shall not be responsible for construction means, other claims, disputes or other matters, including those in methods, techniques, sequences or procedures, or for question between the Owner and the Contractor, shall be AIA DOCUMENT 6161 • DESIGNATED SERVICES AGREEMENT • NOVEh1BER 19" EDITION •AIA ©1977 8161-1977 3 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW PORK AVENUE, N. W' , WASHINGTON, D.C. 20006 subject to arbitration as provided in this Agreement and 1.4 ADDITIONAL SERVICES in the Contract Documents. The following Services are not included as Desig- 1.2.12 The Architect shall have authority to reject Work Hated Services unless so identified in Article 15. which does not conform to the Contract Documents. These Services and any other services identified as Whenever, in the Architect's reasonable opinion, it is Additional Services in the Scope of Designated necessary or advisable for the implementation of the in- Services attached to and made a part of this Agree- tent of the Contract Documents, the Architect will have meat shall be provided if authorized or confirmed authority to require special inspection or testing of the in writing by the Owner, and they shall be paid for ti1~'ork in accordance with the provisions of the Contract by the Owner as provided in this Agreement, in Documents, whether or not wch Work be then fabricated, addition to the compensation for Designated installed or completed. Services. 1.2.13 T}le Architect shall review and approve ar take 1.4.1 Providing services in connection with the work of other appropriate action upon the Contractor's submittals a construction manager or separate consultants retained such as Shop Drawings, Product Data, and Samples, but by the Owner. only for conformance with the design concept of the 1.4.2 !vlaking revisions in Drawings, Specifications or Work and with the information given in the Contract other documents when such revisions are inconsistent Documents. Such action shall be taken with reasonable with written approvals or instructions previously given, promptness so as to cause no delay. The Architect's are required by the enactment or revision of codes, laws approval of a specific item shall not indicate approval of or regulations subsequent to the preparation of such docu- an assembly of which the item is a component. meats or are due to other causes not solely within the 1.2.14 The Architect shall prepare Change Orders for the control of the Architect. Owner's approval and execution in accordance with the 1.4.3 Preparing Drawings, Specifications, supporting data Contract Documents, and shall have authority to order and providing other services in connection with Change minor changes in the Work not involving an adjustment in Orders to the extent that the adjustment in the Basic Com- the Contract Sum or an extension of the Contract Time pensation resul±ing from the adjusted Construction Cost is which are not inconsistent with the intent of the Contract Documents. not commensurate with the services required of the Archi- tect, provided such Change Orders are required by causes 1.2.15 •The Architect shall conduct inspections to deter- not solely within the control of the Architect. mine the Dates of Substantial Completion and final com- pletion, shall receive and forward to the Owner for the 1.4.4 Providing consultation concerning replacement of Owner's review wri±ten warranties and related documents any Work damaged by fire or other cause during construc- required by the Contract Documents and assembled by tion, and furnishing services as may be required in con- the Contractor, and shall issue a final Certificate for nection evith the replacement of such Work. Payment. 1.4.5 Providing services made necessary by the default of 1.2.16 The e~ttent of the duties, responsibilities, and the Contractor, or by major defects or deficiencies in the limitations of authority of the Architect as the Owner's Work of the Contractor, or by failure of performance of representative during construction shall not be modified either the Owner or Contractor under the Contract for or extended without written consent of the Owner, the Construction. Contractor and the Architect. 1.4.6 Providing services, other than those identified in 1.3 PROJECT REPRESENTATION BEYOND the Scope of Designated Services, after issuance to the DESIGNATED SERVICES Owner of the final Certificate for Payment, or in the ab- sence of a final Certificate for Payment, more than sixty 1.3.1 if the Owner and Architect ag><ee that more exten- days after the Date of Substantial Completion of the Work. slue representation at the site than is described in Para- ~ , graph 1.2 shall be provided, the Architect shall provide 1,4.7 Providing any other services not otherwise included one or more Project Representatives to assist the Architect in this Agreement or not customarily furnished in accord- in carrying out such responsibilities at the site. ante with generally accepted architectural practice. 1.3.2 Such Project Representatives shall be selected, 15 TIME employed and directed by the Architect, and the Architect shall be compensated therefor as mutually agreed between 1.5.1 The Architect shall perform Designated and Addi- the Owner and the Architect as set forth in an exhibit tional Services as expeditiously as is consistent with pro- appended to this Agreement, which shall describe the fessional skill and care and the orderly progress of the duties, responsibilities and limitations of authority of such Work. Upon request of the Owner, the Architect shall Project Representatives. submit for the Owner's approval a schedule for the per- - formance of the Architect's services which shall be adjusted 1.3.3 Through the observations by such Project Repro- as required as the Project proceeds, and shall include sentatives, the Architect shall endeavor to provide further allowances for periods of time required for the Owner's protection for the Owner against defects and deficiencies review and approval of submissions and for approvals of in the Work, but the furnishing of such project representa- authorities having jurisdiction over the Project. This sched- tion shall not modify the rights, responsibilities or obliga- ule, when approved by the Owner, shall not, except for lions of the Architect as described in Paragraph 1.2. reasonable cause, be exceeded by the Architect. AIA DOCUMENT 8161 • DESIGNATED SERVICES AGREEMENT • NOVEMBER 1977 EDITION • AIA ~ • ©1977 4 6161-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. ?0006 ARTICLE 2 with the Contract Documents, prompt written notice THE OWNER'S RESPONSIBILITIES thereof shall be given by the Owner to the Architect. The following responsibilities will be undertaken by 2.10 The Owner shall furnish required information and the Owner, in addition to those Services designated services and shall render approvals and decisions as ex- to be performed by the Owner and described in peditiously as necessary for the orderly progress of the the Scope of Designated Services attached to and Architect's services and of the Work. made a part of this Agreement. ARTICLE 3 2.1 The Owner shall provide full information regarding CONSTRUCTION COST requirements for the Project. 2.2 If the Owner provides a budget for the Project it shall 3.1 DEFINITION include contingencies for bidding, changes in the 4Nork 3.1.1 The Construction Cost shall be the total cost or during construction, and other costs which are the respon- estimated cost to the Owner of all elements of the Project sibility of the Owner, including those described in this designed or specified by the Architect. .Article 2 and ir, Subparagraph 3.1.2. The Owner shall, at the request of the Architect, provide a statement of funds 3.1.2 The Construction Cost shall include at current available for the Project, and their source. market rates, including a reasonable allowance for over- head and profit, the cost of labor and materials furnished 2.3 The Owner shall designate, when necessary, a repre- by the Owner and any equipment which has been sentative authorized to act in the Owner's behalf with designed, specified, selected or specially provided for by respect to the Project. The Owner or such authorized rep- the Architect. resentative shall examine the documents submitted by the 3.1.3 Construction Cost does not include the compensa- Architect and shall render decisions pertaining thereto lion of the Architect and the Architect's consultants, the promptly, to avoid unreasonable delay in the progress of the Architect's services. cost of the land, rights-of-way, or other costs which are the responsibility of the Owner as provided in Article 2. 2.4 The Owner shall furnish a legal description and a RESPONSIBILITY FOR CONSTRUCTION COST certified land survey of the site, giving, as applicable, 3.2 grades and lines of streets, alleys, pavements and adjoining 3,2,1 Evaluations of the Owner's Project budget, State- property; rights-of-way, restrictions, easements, encroach- menu of Probable Construction Cost and Detailed Esti- ments, zoning, deed restrictions, boundaries and contours mates of Construction Cost, if any, prepared by the Archi- of the site; locations, dimensions and complete data per- tect, represent the Architect's best judgment as a design taining to existing buildings, other improvements and professional familiar with the construction industry. It•is trees; and full information concerning available service recognized, however, that neither the Architect nor the and utility lines both public and private, above and below Owner has control over the cost of labor, materials or grade, including inverts and depths. equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or nego- 2.5 The Owner shall furnish the services of soil engineers tiatmg conditions. Accordingly, the Architect cannot and or other consultants When such services are deemed does not warrant or represent that bids or negotiated necessary by the Architect. Such services shall include test prices will not vary from the Project budget proposed, borings, test pits, soil bearing values, percolation tests, air established or approved by the Owner, if any, or from any and w'a±er poliut:on tests, ground corrosion and resistivity Statement of Probable Construction Cost or other cost tests, including necessary operations for determining sub- estimate or evaluation prepared by the Architect. soil, air and water conditions, with reports and appropri- ate professional recommendations. 3.2.2 No fixed limit of Construction Cost shall be estab- 2.6 The Owner shall furnish structural, mechanical, lished as a condition of this Agreement by the furnishing, chemical and other laborator' tests, ins ections and Proposal or establishment of a Project budget under reports as required by law or the Contract Documents. Paragraph 2.2 or otherwise; unless such fixed limit has been agreed upon in writing and signed by the parties 2J The Owner shall furnish all legal, accounting and hereto. If such a fixed limit has been established, the insurance counseling services as may be necessary at any Architect shall be permitted to include contingencies for time for the Project, including such auditing services as design, bidding and price escalation, to determine what the Owner may require to verify the Contractor's Applica- materials, equipment, component systems and types of lions for Payment or to ascertain how or for what purposes construction are to be inc{uded in the Contract Docu- the Contractor uses the moneys paid by or on behalf of menu, to make reasonable adjustments in the scope of the Owner. the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed 2.8 The services, information, surveys and reports limit. Anv such fixed limit shall be increased in the amount required by Paragraphs 2.4 through 2.7 inclusive shall be of any increase in the Contract Sum occurring after execu- furnished at the Owner's expense, and the Architect shall lion of the Contract for Construction. be entitled to rely upon the accuracy and completeness 3.2.3 If the Bidding or Negotiations Phase has not com- thereof. menced within three months after the Architect submits 2.9 If the Owner observes or otherwise becomes aware the Construction Documents to the Owner, any Project of any fault or defect in the Project or nonconformance budget or fixed limit of Construction Cost shall be AIA DOCUMENT 8161 DESIGNATED SERVICES AGREEMENT NOVEMBER l9?7 EDITION •AIA ©1971 8161-1977 5 THE AMERICAN INSTITUTE OF ARCHITECTS, ','35 NEN' YORK AVENUE, KV\'., WASHINGTON, D. C. 20006 adjusted to reflect any change in the general level of 5.1.3 Expense of data processing and photographic pro- prices in the construction industry between the date of duction techniques when used in connection with Addi- submission of the Construction Documents to the Owner tional Services. and the date on which proposals are sought. 5,1.4 If authorized in advance by the Owner, expense of 3.2.4 If a Project budget or fixed limit of Construction overtime work requiring higher than regular rates. Cost (adjusted as provided in Subparagraph 3.2.3) is ex- 5.1.5 Expense of any additional insurance coverage or ceeded by the lowest bona fide bid or negotiated pro- limits, including professional liability insurance, requested posal, the Owner shall (1) give written approval of an by the Owner in excess of that normally carried by the increase in such fixed limit, (2) authorize rebidding or Architect and the Architect's consultants. renegotiating of the Project within a reasonable time, {3) if the Project is abandoned, terminate in accordance with ARTICLE 6 Paragraph 10.2, or (4) cooperate in revising the Project scope and quality as required to reduce the Construction PAYMENTS TO THE ARCHITECT Cost. In the case of (4), provided a fixed limit of Construc- 61 PAYMENTS ON ACCOUNT OF DESIGNATED SERVICES tion Cost has been established as a condition of this Agree- ment, the Architect, without additional charge, shall mod- 6.1.1 An initial payment as set forth in Paragraph 14.1 is ify the Drawings and Specifications as necessary to comply the minimum payment under this Agreement. with the fixed limit. The providing of such service shall be 6.1,2 Subsequent payments for Designated Services shall the limit of the Architect's responsibility arising from the be made monthly and shall be in proportion to services establishment of such fixed limit, and having done so, the performed Lvithin each Phase of Services, on the basis set Architect shall be entitled to compensation for all services forth in Article 14. performed, in accordance with this Agreement, whether or not the Construction Phase is commenced. 6.1.3 If and to the extent that the Contract Time initially established in the Contract for Construction is exceeded or extended through no fault of the .Architect, compensa- ARTICLE 4 tion for any Designated Services required for such extended DIRECT SALARY AND DIRECT period of Administration of the Construction Contract PERSONNEL EXPENSE shall be computed as set forth in Paragraph 14.4 for Addi- tional Services. 4.1 Direct Salary Expense is defined as the direct salaries 6.1.4 When compensation is based on a percentage of of all the Architect's personnel engaged on the Project, Construc±ion Cost, and any portions of the Project are but does not include ±he cost of contributions and benefits deleted or otherwise not constructed, compensation for related thereto, whether mandatory or customary, as such portions of the Project shall be payable to the extent described in Paragraph 4.2 and included in Direct Person- services are performed on such portions, in accordance nel Expense. with the schedule set forth in Subparagraph 14.2.2, based 4.2 Direct Personnel Expense is defined as the direct on {1) the lowest bona fide bid or negotiated proposal or, salaries of all the Architect's personnel engaged on the (2) if no such bid or proposal is received, the most recent Project, and the portion of the cost of their mandatory and Statement of Probable Construction Cost or Detailed Esti- customary contributions and benefits related thereto, such mate of Construction Cost nor such portions of the Project. as employment taxes and other statutory employee bene- 6,2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES fits, insurance, sick leave, holidays, vacations, pensions and 6.2.1 Payments on account of the Architect's Additional similar contributions and benefits. Services as defined in Paragraph 1.4 and for Reimburs- able Expenses as defined in Article 5 shall be made ARTICLE 5 monthly upon presentation of the Architect's statement of REIMBURSABLE EXPENSES services rendered or expenses incurred. 6.3 PAYMENTS WITHHELD pensa lion fors Designatedeand Addaiolnlaln Serv ces and 6.3.1 No deductions shall be made from the Architect's include actual expenditures made by the Architect and the compensation on account of penalty, liquidated damages Architect's employees and consl.:'tants in the interest of or other sums withheld from payments to contractors, or the Project for the expenses : ~ted in the following on account of the cost of changes in the Work other than Subparagraphs: those for which the Architect is held legally liable. 6.4 PROJECT SUSPENSION OR TERMINATION 5.1.1 Expense of transportation in connection with the Project; living expenses in connection with out-of-town 6.4.1 If the Project is suspended or abandoned in whole travel; long distance communications, and fees paid for or in part for more than three months the Architect shall securing approval of authorities having jurisdiction over be compensated for all services performed prior to receipt the Project. of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then 5.1.2 Expense of reproductions, postage and handling of due and all Termination Expenses as defined in Paragraph Drawings, Specifications and other documents, excluding 10.4. If the Project is resumed after being suspended for reproductions for the office use of the Architect and the more than three months, the Architect's compensation Architect's consultants. shall be equitably adjusted. AIA DOCUMENT 6161 • DESIGN,4TED SERVICES AGREEMENT • NOVEMBER 1977 EDITION • .AIA ©1977 6 8161-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1,'35 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ARTICLE 7 9.3 The award rendered by the arbitrators shall be final, ARCHITECT'S ACCOUNTING RECORDS and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 7.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on ARTICLE 10 the basis of a Multiple of Direct Personnel Expense shall TERMINATIO REEMENT be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the 10.1 This Agreement may be terminated by either party Owner's authorized representative at mutually convenient upon seven days' written notice should the other party fail times. substantially to perform in accordance with its terms through no fault of the party initiating the termination. ARTICLE 8 10.2 This Agreement may be terminated by the Owner OWNERSHIP AND USE OF DOCUMENTS npthe event that the Project s permantently abandonedtect 8.1 Drawings and Specifications as instruments of service are and shall remain the property of the Architect whether 10.3 In the event of termination not the fault of the the Project for which they are made is executed or not. Architect, the Architect shall be compensated for all serv- The Owner shall be permitted to retain copies, including ices performed to termination date, together with Reim- reproducible copies, of Drawings and Specifications for bursable Expenses, then due and all Termination Expenses information and reference in connection with the Owner's as defined in Paragraph 10.4. use and occupancy of the Project. The Drawings and Spe- 10.4 Termination Expenses include expenses directly at- cifications shall not be used by the Owner on other prof- tributable to termination for which the Architect is not ects, for additions to this Project or for completion of this otherwise compensated, plus an amount computed as a Project by others provided the Architect is not in default percentage of the total Compensation for Designated and under this Agreement, except by agreement in writing and Additional Services earned to the time of termination, as with appropriate compensation to the' Architect. follows: 8.2 Submission or distribution to meet official regulatory ,1 20 percent if termination occurs during the Pre- requirements or for other purposes in connection wi±h the design, Site Analysis or Schematic Design Phase; Project is not to be construed as publication in derogation or of the Architect's rights. .2 10 percent if termination occurs during the De- sign Development Phase; or ARTICLE 9 .3 5 percent if termination occurs during any sub- ARBITRATION Sequent phase. 9.1 All claims, disputes and other matters in question ARTICLE 11 between the parties to this Agreement, arising out of or relating to this ,Agreement or the breach thereof, shall be MISCELLANEOUS PROVISIONS decided by arbitration in accordance with the Construe- 11.1 Unless otherwise s ecified, this Agreement shall be tion Industry ,Arbitration Rules of the American Arbitration overned b the law of the nnci al lace of business, of Association then obtaining unless the parties mutually he Architect. p p p agree otherwise. No arbitration, arising out of or relatin to this Agreement, shall include, by consolidation, joinder 11.2 Terms in this Agreement shall have the same mean- or in any other manner, any additional person not a party ing as those in AIA Document A201, General Conditions to this ,Agreement except by written consent containing a of the Contract for Construction, current as of the date of specific reference to this Agreement and signed by the this Agreement. Architect, the Owner, and any other person sought to be joined. Any consent to arbitration involving an additional 11.3 As between the parties to this Agreement: as to all person or persons shall not constitute consent to arbitra- acts or failures to act by either party to this Agreement, tion of any dispute not described therein or with any any applicable statute of limitations shat{ commence to person not named or described therein. This Agreement to run and any alleged cause of action shall be deemed to arbitrate and any agreement to arbitrate with an additional have accrued in any and all events not later than the rele- person or persons duly consented to by the parties to this vant Date of Substantial Completion of the Work, and as Agreement shall be specit`ically enforceable under the pre- to any acts or failures to act occurring after the relevant vailing arbitration law. Date of Substantial Completion, not later than the date of issuance of the final Certificate for Payment. 9.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with 11.4 The Owner and the Architect waive all rights against the American ,Arbitration Association. The demand shall be each other and against the contractors, consultants, agents made within a reasonable time after the claim, dispute or and employees of the other for damages covered by any other matter in question has arisen. In no event shall the property insurance during construction as set forth in the demand for arbitration be made after the date when insti- edition of AIA Document A201, General Conditions, cur- tution of legal or equitable proceedings based on such rent as of the date of this Agreement. The Owner and the claim, dispute or other matter in question would be Architect each shall require appropriate similar waivers barred by the applicable statute of limitations. from their contractors, consultants and agents. AIA DOCUMENT 6167 • DESIGNATED SERVICES AGREEMENT • NOVEMBER 1977 EDITION •AIA ©1977 B161-1977 7 THE AMERICAN INSTITUTE OF .ARCHITECTS, 1735 NEw YORK AVENUE, N.VJ., WASHINGTON, D.C. 20606 ARTICLE 12 ARTICLE 13 SUCCESSORS AND ASSIGNS EXTENT OF AGREEMENT 12.1 The Owner and the Architect, respectively, bind 13.1 This Agreement represents the entire and integrated themselves, their partners, successors, assigns and legal agreement between the Owner and the Architect and representatives to the other party to this Agreement and to supersedes all prior negotiations, representations or agree- the partners, successors, assigns and legal representatives ments, either written or oral. This Agreement may be of such other party with respect to all covenants of this amended only by written instrument signed by both Agreement. Neither the Owner nor the Architect shall Owner and Architect. assign, sublet or transfer any interest in this Agreement without the written consent of the other. AIA DOCUMENT B167 • DESIGNATED SERVICES AGREEMENT NOVEMBER 1977 ECII ION •AIA ©1977 8 6161-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D. C. 20006 ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 AN INITIAL PAYMENT of Zero dollars 0.00 ) shall be made upon execution of this .Agreement and credited to the Owner's account as follows: N.A. 14.2 COMPENSATION FOR DESIGNATED SERVICES 14.2.1 FOR DESIGNATED SERVICES, as identified and described in the Scope of Designated Services attached to and mad-~ a part of this Agreement, and any other services included in Article 15 as part of Designated Services, com- pensation shall be computed by the following methods for the particular Services so indicated in the Scope of Designated Services: . He;e rdPnh!> basis o~ compensation, including fixed amounts, rates, multrples or percentages, as applicable, and identil~ ?haws [o which particular nethe6i or rompen~acion apply, as app•cpr:ate METHOD A: MULTIPLE OF DIRECT SALARY EXPENSE Compensation for services rendered by Principals and employees shall be based on a multiple of N.A. ( i times their Direct Salary Expense as defined in Paragraph 4.1, and for consultants as described in Subparagraph 1'4.4.2. METHOD B: MULTIPLE OF DIRECT PERSONNEL EXPENSE Compensa±ion for services rendered by Principals and employees shall be based on a multiple of~ two and one fourth (2.25 rimes their Direct Personnel Expense as defined in Paragraph 4.2, and for consultants as desuibed in Subparagraph 14.4.2. METHOD C: PROFESSIONAL FEE PLUS EXPENSES Compensation shall be based on a Prcfessienal Fee of N.A. dollars )plus compensation for services rendered by Principals and employees based on a multi- ple of ( )times their Direct(Salaryj (Personnel; Expense as defined in Arti- cle 4 and fer consultants as described in Subparagraph i4.4.2. METHOD D: PERCFNi-AGE OF CONSTKUCTION COST N.A. Compensation shall be based on percent ( of the Construction Cos*, as defined in Article 3. ,ti1ETHOD E: STIPULATED SU.M Compensation shall be a Stipulated Sum of N.A. dollars i. ,ti1E'HOD F: HOURLI' BILL;'~G RATES Compensation for services rendered by Principals and employees shall be based on the following hour!?~ rates, and for consultants as described in Subparagraph 14.4.2: 1. Principals' time at the fixed rate of fifty dollars 50.00 }per hour. For the purposes of this Article, the Principals are: Fredrick S. Faber 2. Supervisory time at the fixed rate of N.A. dollars )per hour. For the purposes or this Article, Supervisory personnel include those in the fo!!ew•ing positions: 3. Technical Level I time at the fixed rate of N.A. dollars }per hour. For the purposes of this Article, Technical Level I personnel include those in the following positions: 4. TecFnica! Level II time at the fixed rate of N,[j, dollars )per hour. For the purposes of this Article, Technical Level II personnel include those in the following positions: 5. Technical Level tll time at the fixed rate of N.A. dollars )per hour. For the purposes of this Article, Technical Level I11 personnel include those in the following positions: AIA DOCUMENT E761 • DESIGNATED SERVICES AGREEMEN'7 • NOVEMBER 1977 EDITION • A!•, ~i ~ ~9~ THE AMERICAN INSTITUTE Of ARCHITECTS. 135 NEW YORE AVENUE, N.W., 41'ASHINGTON, D C 20006 6161-19T! 9 METHOD G: MULTIPLE OF AMOUNTS BILLED TO ARCHITECT Services of consultants at a multiple of one and two tenths (1.2) times the amounts billed to the Architect for such services. METHOD H: Compensation shall be computed as follows: N.A. 14.2.2 \ti'here compensation. is based on a Stipulated Sum or Percentage of Construction Cost, payments for Designated Services shall be made as prop ided in Subparagraph 6.1.2, so that Compensation for each Phase to which such ,tilethod applies shall equal the foi{owing percentages of the total Compensation determined by such Method: N,A, Predesign Phase: percent( 2 Site Anaf 'pis Phase: percent ( 3. Schematic Design Phase: percent ( °~~~1 percent ( %o l 4. Design Cevelopment Phase: 5. Car.structlon Documents Phase: percent ( °iol 6. Bidding or Negotiation Phase: percent ( %i 7. Cor,structien Contract Admir+istration Phase: percent ( 8. Postcons`ruction Phase: percent ( 9. Supplemental Services: percent ( °r~) 14.3 FOR PF'O;ECT REPRESE~:TATlO'~' BE10'~D DESIGtiATED SERVICES, as descrbed in Paragraph 1.3. Compensation shall be computed separately in accordance w ith Subparagraph 1.3.2. 14.4 C0,ti1PENSATION FOR ADDITIO~'~5L SERVICES 14.4.1 iOR AuDi?10'~AL ~ER~'iCES OF THE ARCF{11ECT, as described in Paragraph 1.4 and ider.t;`ied in the Scope of De~ign~~ed Sen ~ce, a~ -~ddiLOnal SU , i , bui exe(uding Addit,r~~a Scrtiices of con~.:ltant•, co^'~r n=~at o^ ^;aii be comru!ed hase~.i'~~~ ~~tet`:ud N.A. a•• ues~rhed in S~::hpa-'graph ";-i.:'.l. 14.4.2 FOR .ADDITIONAL StR\~iCES OF COti'SL'Tati';S, incl,;ding additional structural, mechanical arid e!ectri.al en~~- neering s_r.~ices and those iden.iiied in :Arti,lc 1_ or in the Scope of Designater.' Services attached to and m.ee•a h~, ~.d1;, S r ( ;Mmes part Gt t ~ Ak"'er'ltrlt. aS ~~ari Oi '~O%ci t' b1Ces, a nlU.i!pie of N.A. tF,e ~mounis billed to tF,~e .Architect ror _~ch ,e~. ices. 14.5 FOR REIN"Bl'R~SBLE EXPENSES, as de=cribed in Article 5, and any other items. included in .Article i5 as F.eimbursab~e Exiemes, ~ r~::'tipie of one and zero tenths ' 1.0~ times the amounts expended b5 tFre -~-:~itect, the A!ChiteCt's emj:lu'ac'c5 and ,onsultant~ In the interest Of the Prciject. 14.6 Pa~.ments due the Architect anal unpaid under this Agreement shall bear Interest from the date pa~~~ment is due at the rate enrered be!uw, cr in the absence thereof: at the lega+ rate pre~aiiing at the principal place of busine_s of the Architect. 1.1 times the amount 30 days past due. 'riere i-~,e., an} rate o. ....c•est ae;eec~ uro^ (L ~ .,H.: a ~ ~ .nr -le f e ac( 'a s a - a ! o ~ cc^'.. ^ter d !a~r< and -.;he 2 ~ ~ 'fie y r O F e c~ ~ N : j a c f ~~~a c' of ~ ri . y~s. ;rre rrai a-tec! th .a ;d, r, ,h: ~ ~~rc.it ~ F~ai ac',;.e .h,~ e .,e o.:'a ..;th re . _,t tc C. ~ .d i ca..~ o' otF,.' requ.•,ments wci~ as Hrieten disc.csures or wavers ~ 14.7 The O~rner and the Architect agree in accordance with the Terms and Cond!tions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation sha"I be equitably ad;usted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within N,A, ( )months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. AIA DOCUMENT 8167 • DESIGNATEC SERLICES AGREEMEN? NO\'EMBFR 15%" EG.?ION A!A ~ C '4'% 1U 8161-1977 THE AMERICA': INSTi?UTE OF ARCHITEC75, 1'35 NEW PORK AVENUE, N.Y1' WUHINGTON. D C 20rtQ6 ARTICLE 15 OTHER CONDITIONS OR SERVICES 15.1 This Agreement may be terminated by either party for any reason upon 30 days written notice. 15.2 The Architect reserves the right to increase the compensation of any and all employees from time to time for reasons of merit, cost of living, improved education or other acquired credential of the employee as the Architect sees fit and delivery to the Owner of 30 days written intent to increase such rates of pay. 15.3.1 The Owner will receive all documents (Building plans and specifications) from the submitter, collect all fees, issue or deny all permits and perform all field inspections of actual construction activities. 15.3.2 The Architect will pick up all submitted documents from the Village offices, review the project as necessary with the Owner's staff & coordinate as required, conduct a document review in the Architect's office, prepare an approval or Code Compliance Correction Document (Addendum) and return all documents plus the Addendum to the Village for action per item 15.3.1 above. 15.3.3 In providing these and all related services to the Owner, the Architect will receive telephone inquiries regarding the OBBC from any interested party, receive visitors at our office to discuss or review submitted documents and be generally available during business hours as required by the Owner or any legitimate interest for consultation regarding these matters. 15.3.4 The Architect will be pr?sent as required or requested by the Owner at any adjudication or court proceeding in regards to the prior action or participation in regards to these services. 15.3.5 The Architect will provide all services as provided above in items 15.3.1 thru 15.3.4 to the best of his abilities on an hourly rate basis and the Owner will compensate the Architect for all such services. 15.4 The Architect will assign a job number to each document submission, maintain a log of all activity regarding the submission and provide such log to the Owner for review upon request. 15.5 The Architect will invoice the Owner monthl_yfor all services. Each invoice will itemize the services by number, name, address, hours of service per employee, rate of pay of employee, cost per item and total amount due. Miscellaneous telephone inquiries and conferences will be similarly documented but only as a group without name or address. AIA DOCUMENT at41 DESIGNATED SERVICES AGREEMENT • NOVEMBER 1977 EDITION AIA B • © 1977 8161-1977 11 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 15.6.1 All services will be provided by employees of the Architect who are Ohio Registered Architects or Engineers certified by the Ohio Board of Building Standards as a Class I or Class II Plans Examiners. 15.6.2. The Architect will pay all registration and certification fees and attend all certification and training classes as required at its own expense. 15.7.1 The Architect cannot and will not provide Services other than as pro- vided by the Ohio Certification of the Municipal Building Department of the Village of Dublin, Ohio. 15.8 The Architect, by virtue of providing these services, will not be pro- hibited from conducting its general practive of Architecture within the Village of Dublin. All plans and documents prepared by the Architect and submitted to the Owner for examination and permit will be reviewed by the regular Village staff or separately reviewed by another Certified entity under contract to the Village of Dublin. 15.9 The Architect will provide each item of service in a timely fashion giving fair allowance for the given volume of submissions experienced at any given time, but makes no presentation of guaranteed time duration between the time of delivery of documents to us and return of opinions to the Village. 15.10 Secretarial and computer time are overhead items of the Architect and are not separtely invoiced. 15.11 Hourly rates and direct personnel expense (DPE) for those employees currently certified to provide these services is attached for reference only. See item 15.2 above regarding changes of employee compensation. B161-1977 11 (B) This agreement entered into as of the day and year first written above. O\1'NER ARCHITECT Village of Dublin Faber-Irelan Design Associates. Inc. 6665 Coffman Road 6385 Shi r-Rings Road Dublin, Ohio 43017 Dubli Ohio 4 17 Signature ~ Date Fredrick S. aber AIA ate _President Title \ Signature Date Title AIA DOCUMENT 6761 DESIG'~ATED SERVICES AGREEMENT ti'OVEMBER ?9?? EDITION .41A iL•` • 19?' 12 6161-1977 THE AMERICAn INSTITUTE GF ARCHITECTS, 1735 NEVI' YORK AVENUE, N t4' , LYASFiINGTON, D C :0006