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RES 87-06 WATERFRONT PARK GAZEBORESOLUTION NO. 87-06 A RESOLUTION APPROVING A CONTRACT WITH RON KONZAK FOR DESIGN OF THE EAGLE HARBOR WATERFRONT PARK GAZEBO/BANDSTAND WHEREAS, the City Council of the City of Winslow, Washington, feels it is in the best interest of providing for the health, safety, and welfare of the citizens of Winslow to enter into an agreement with Ron Konzak for design of a gazebo/bandstand for the Eagle Harbor Waterfront Park; and WHEREAS, the laws of the State of Washington allow such agreements; NOW, THEREFORE, be it resolved by the Council of the City of Winslow, Washington, as follows: The proposed agreement (Exhibit A attached hereto) for design of a gazebo/bandstand for the Eagle Harbor Waterfront Park by Ron Konzak is hereby approved. PASSED BY THE COUNCIL of the City of Winslow, Washington, this /~-"~-' day of February, 1987. ALICE B. TAWRESEY ~ MAYOR ATTEST: DONNA J~BUXTON CLERK/TREASURER February 19, 1987 RESOLUTION NO. 87-06 EXHIBIT A Agreement for Design of Bandshell In consideration of the mutual covenants herein and the fees provided below: 1. Scope of Services. Scope of Services to be Performed by the Designer shall be: Develop further the preliminary design presented to the committee, using in-put from the committee, as to design of the bandshell. Provide a complete set of construction drawings and specifications. This includes consultation with engineers and other specialists. Assist committee in evaluation and selection of bidding contractors. Make recommendations, if closed bid, as to which contractors should be invited to bid. Make site visits and perform inspections to ascertain that plans and specifications are followed, and that workmanship is performed according to standards. Be available during the construction process to provide clarification, interpretation, and revision, as needed. 2. Schedule and Payments: Designer Tasks a. Develop design, complete construction drawings and specifications Completion Dates April 7th (six weeks) $1800.00 First Installment Due POST OFFICE BOX 10100 · WINSLOW, WASHINGTON 98110 · PHONE (206)842-7633 Agreement for Design of Bandshell - page 2 Designer Tasks cont'd b. Assist with the evaluation and selection of bidding contractors Completion Dates cont'd April 20 (two weeks) During construction period, make site visits, perform inspections~ meet with committee, etc. June 13 (5 weeks) $750.00 Last Installment Due Design Costs and Hours by Designer For Winslow Bandshell Project 50 hours -- Working Drawings 10 hours -- Specifications 15 hours -- Conferences, meetings with committee, engineer, Building Inspector, telephone calls, etc. 10 hours -- Site visits and inspections 85 hours total X $30.00 per hour = $2,550.00 Total Ownership. All reports, plans, specifications and data and documents produced in the performance of this work shall be the property of the City and delivered to the City upon completion of this contract. Changes. The City may, from time to time, require changes in the Scope of Services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the City and the Contractors, shall be incorporated in written amendments to this Agreement. 6. Subconsultants The Designer represents that he has, or will secure at his own expense, all personnel and subconsultants required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the City. All of the services required hereunder will be performed by the Designer or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. City Review/Approval. Upon submittal of any report or other information required by the scope of work, the City may, following review by the City, accept such work or reject it, or request such modification or additions as it deems appropriate. Payment for such work will not be made until the work is accepted by the City. Access to Books/Records. The City may, at reasonable times, inspect tile books and records of the Contractor relating to performance of this agreement. Agreement for Design of Bandshell - page 3 10. 11. 12. Indemnification. The Designer hereby agrees to save harmless and defend the City from all claims and liability due to the negligent acts, errors, or omissions of the Designer, its agents, and subconsultants. The City shall not be obligated or liable to the Designer or to any other party for any claim whatsoever arising in connection with this Agreement except for negligence that is the fault of the City. Compliance with Laws. The Designer shall comply with all applicable federal, state and local laws in performing this contract. Interest of Designer. The Designer covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The Designer further covenants that in the performance of this agreement, no person having any such interest shall be employed. Termination. If the Designer breaches any of its obligations hereunder, and fails to cure the same within five days of written notice to do so, the City may terminate this contract, in which case the City shall pay the Contractor only for the costs of services accepted by the City. DATED: FEBRUARY 19, 1987 APPROVED AS TO FORM: CITY ATTORNEY CITY OF WINSLOW ICE B. TAWRESEY, MAY0~ DESIGNER