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HomeMy WebLinkAbout008-86 Ordinance RECORD OF ORDINANCES National Graphics Corp., Cols., O. ~ Form No. 2806-A Ordinance NO'm.~8~~ n mm Passednn u u uu.un______m uum u__mm19un . AN ORDINANCE AUTHORIZING THE VILLAGE MANAGER AND FINANCE DIRECTOR TO ENTER INTO AN AGREEMENT FOR ENGINEERING SERVICES, AND DECLARING AN EMERGENCY. WHEREAS, the Village of Dublin is in need of plans for coordination and interconnection of traffic signals on Bridge Street; and, WHEREAS, a proposal has been submitted by John David Jones and Associates, Inc. , to assist the Village of Dublin in preparation of such plans; NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin, State of Ohio, 5 of the elected members concurring; Section 1. That the proposal for engineering services as submitted by John David Jones and Associates, Inc. in the attached agreement be, and it hereby is accepted by the Village of Dublin, and Section 2. That the Village Manager and Finance Director be, and they hereby are authorized and directed to execute a contract with John David Jones and Associates, Inc. for the services provided therein; and, Section 3. That there be appropriated from the unappropriated balance in the General Fund, the sum of $4,600.00 to the account of A01-06-6A- 2550 to meet the obligations of this contract; and Section 4. That this Ordinance be, and it hereby is, declared to be an emergency measure necessary for the preservation of the public peace, health and safety and for the further reason that these engineering services are required for future construction planning, and therefore this Ordinance shall take effect and be in force immediately upon its passage. -g~ 4.t, Passed this ~ day of , 1986. VilA (j5~~ Q. vJ{t~ Mayor - Presiding Of icer Attest: /J JMLr.A'M? ~ Z~ Clerk of Coun il &ponsor: Acting Village Manager I hereby certify that copies of this Orcli"~""" I~~solut;"n were posted in the Village of Dublin . ", ';;Joce \. h Section 731.25 of the Ohio Revised Cr. . J~:1' ~ Clerk of Council PROFESSIONAL SERVICES AGREEr1ENT by and between THE VILLAGE OF DUBLIN and JOHN DAVID JONES AND ASSOCIATES, INC. This agreement is made and entered into by and between the Village of Dublin, in Franklin County, hereinafter referred to as the OWNER and John David Jones and Associates, Inc., a professional association organized, duly licensed, and existing under the laws of the State of Ohio for the practice of engineering and architecture, with offices located at 2162 Front Street, Cuyahoga Falls, Ohio 44221 and 5900 Roche Drive, Suite 310, Columbus, Ohio 43229, hereinafter referred to as the ENGINEER. lHTNESSETH WHEREAS, the OWNER is desirous of engaging the services of the ENGINEER in order to assist the OWNER with developing plans for coordination and inter- connection of traffic signals on Bridge Street; and WHEREAS, the ENGINEER is desirous of oerforming the various professional services required to so assist the OWNER accordingly; and ~JHEREAS, the OWNER, by virtue of Ordinance Pis-~ , adoPted~.Jt, 3eo \\q&.o , has authorized the Village Manager to enter into this agreement with. the Engineer; NOW THEREFORE, for the mutual considerations contained and specified herein, the OWNER and ENGINEER have agreed and do hereby agree as follows: PART I - BASIC SERVICES The ENGINEER shall provide the following services. Phase I Prepare specifications for Time Base coordinators, determine pattern information for the Ar1 peak, off peak, and PM peak periods, estimate of quantities, cost estimate, all to ODOT soecifications for the signals at Bridge Street & Frantz Road and Bridge Street & Corbin's ~1ill Drive. page one of six . Phase II Prepare additional pattern information for the traffic signal at Bridge Street & High School Road, cost estimate, tying signals at Bridge Street & High Street and Bridge Street ~ US 33 into system patterns, all to ODOT specification. PART II - ADDITIONAL SERVICES All services not otherwise provided for in this Agreement, including those normally furnished by the OWNER, shall be Additional Services and shall be performed by the ENGINEER if expressly authorized in writing by the OHNER. PART III - SCHEDULE ~l - Commencement The ENGINEER shall commence the services to be performed under this Agreement immediately upon receipt of express written authorization to proceed herewith from the OWNER. Each phase identified underPart I shall require distinct authorization. ~2 - Completion The ENGINEER shall complete the design services to be performed under this Agreement within three (3) months of written authorization to proceed, contingent upon the timely provision of information and reviews by the OWNER, ODOT and others. PART IV - COMPENSATION ~l - General The OWNER shall compensate the ENGINEER for performance of services under this Agreement on a lump sum basis for each authorized service defined under Part I - Basic Services. ~2 - Maximum Compensation The maximum compensation for each phase, as defined under Part I - Basic Services, shall be as follows: Phase I - $3,000.00 Phase II - $1,600.00 The maximum compensation payable to the ENGINEER by the OWNER for performance of services under Part I of this Agreement shall not exceed Four Thousand Six Hundred Dollars ($4,600.00) without a duly executed written amendment to this agreement. paqe two of six . 93 - Payment Reouests .. . The ENGINEER shall submit monthly payment requests to the OWNER containing an estimated percentage of completion for each phase authorized by the OWNER. The estimated percentage of completion shall be applied to the maximum compen- sation for the corresponding phase to determine the amount due in each phase of the work. The sum of the amounts due for each authorized phase, less previously invoiced sums, shall be the amount of the pa.vment request. PART V - GENERAL PROVISIONS ~l - Entire Agreement The provisions of this Agreement represent the entire Agreement between the OWNER and ENGINEER, and may only be altered, or repealed by a duly executed written instrument. 92 - Responsibility of the OWNER (a) The OWNER shall provide the ENGINEER with full information as to its requirements for the project. (b) The OWNER shall furnish the ENGINEER, as re~uired for performance of - the ENGINEER's services under this Agreement, data prepared by or services of others and other pertinent data and information, all of which the ENGINEER may rely upon in the performance of its services. (c) The OWNER shall guar~ntee access to and make all provisions for the ENGINEER to enter upon public and private prooerty as required in order for the ENGINEER to perform its services under this Agreement. (d) The OWNER shall examine all documents presented by the ENGINEER, and shall render decisions pertaining thereto within a reasonable time so as not to unduly delay the services of the ENGINEER. (e) The OWNER shall furnish, or direct the ENGINEER to provide necessary Additional Services as outlined in Part II of this Agreement and other services as required. (f) The OWNER shall give prompt notice to the ENGINEER whenever it observes or otherwise becomes aware of any defect in the project. ~3 - Insurance The ENGINEER shall obtain and maintain, at its own expense, such insurance as will protect it from claims under the Worker's Compensation Act, and from all claims for bodily injury, death, or property damage which may arise from the negligent performance by the Er~GINEER, or its employees, of its functions and services required under this Agreement. page three of six . (b) The ENGINEER shall perform such professional services as may be necessary to accomplish the work required to be performed under this Agreement, in accordance with this Agreement. (c) The OWNER's approval of drawings, designs, specifications, reports, and incidental engineering work, or materials furnished hereunder, shall not in any way relieve the ENGINEER of resoonsibility for the technical adequacy of the work. Neither the OWNER's review, approval, or acceptance of, nor payment for, any of the services shall be con- strued to operate as a waiver of any rights under this Aqreement or of any cause of action arising out of the performance of this Agreement. (d) The ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to the OWNER caused by the ENGINEER's negligent performance of any of the services furnished under this Agreement, exceot for errors, omissions. or othpr dp.ficiencies to the extent attributable to the OWNER, OWNER-furnished data, or any third party. The ENGINEER shall not be resoonsible for any time delays in the project caused by circumstances beyond the ENGINEER's cpntrol. ~2 - Changes (a) The OWNER may, at any time, by written order, make changes within the general scope of this Agreement in the services or work to be performed. If such changes cause an increase or decrease in the ENGINEER's cost of, or time required for, performance of any services under this Agreement, whether or not changed by an~' order, an equitable adjustment shall be made and this Agreement shall be modified in writing accordingly. The ENGINEER must assert any claim for adjustment under this section in writing within thirty (30) days from the date of receipt by the ENGINEER of the notification of change, unless the OWNER grants a further period of time before the date of final payment under this Agreement. (b) No services for which an additional compensation will be charged by the ENGINEER shall be furnished without the written authorization of the OWNER. 93 - Audit; Access to Records The ENGINEER shall maintain books, records, documents, and other evidence directly pertinent to performance under this Agreement in accordance with generally accepted accounting principals and practices consistently applied. The OWNER, or any of its duly authorized representatives shall have access to such books, records, documents, and other evidence for inspection, audit, and copying. The ENGINEER will provide proper facilities for such access and inspection. 94 - Equal Employment Opportunity The ENGINEER agrees that it will not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, or national origin. raqe five of six ~5 - Termination . Either party may terminate this Agreement, in whole or in part, in writing, however, no such termination may be affected unless the other party is given (l) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate and (2) an opportunity for consultation with the terminating party before termination. 96 - Remedies Except as this Agreement otherwise provides, all claims, counter-claims, disputes, and other matters in question between the OWNER and the ENGINEER arising out of or relating to this Agreement or the breach of it will be decided by arbitration if the parties hereto mutually agree, or in a court of competent jurisdiction within the State of Ohio. IN WITNESS WHEREOF, the parti~s hereto have executed this Agreeme~t on this J~ day ofJ~~r ,1986. f/ WITNESS THE VILLAGE OF DUBLIN /' S) ~ :::?t/ldlCf.4 '/)). tl4L~ . '\ , 7 ( Sherman Sheldo Village t1an ger i\e...\V~ ?an,," '7.YJ 'Z~ \J\~ltfr~"(~~ - Nan rus lng, llage lnance\Dlrector WITNESS JOHN DAVID JONES AND ASSOCIATES, INC. 5.-t~~ E~ &)j~~ APP. R.O..V..E.D A~~:T~O~ FORt1 _ ~. c7 -s-L ~_...- ~/ , < ~ age Law Di rector page six of six