008-86 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.
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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.
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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.
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(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.
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~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
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WITNESS JOHN DAVID JONES AND ASSOCIATES, INC.
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APP. R.O..V..E.D A~~:T~O~ FORt1 _
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