Res 1191 - Agmt Don Carey Contr
COUNCil Bill NO. 1484
RESOLUTION NO 1191
A RESOLUTION AUTHORIZING A CONTRACTUAL SERVICES AGREEMENT WITH
DON CAREY AND ASSOCIATES.
WHEREAS, Don Carey and Associates have submitted a proposal for
consultant services to perform the architectural and engineering phase of the
Woodburn swimming pool renovation project; and
WHEREAS, Don Carey appears to have excellent professional qualifications and
is familiar with the Woodburn swimming pool, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOllOWS:
Section 1. That the Mayor and City Administrator are authorized to execute a
professional services agreement with Don Carey, dba Don Carey and Associates, a
copy of which is attached hereto and, by this reference, incorporatedferei
APProvedastofor::n,'}~~~ ? ~ 13
City Attorney .~ Date
APPROVED: (~ ~~
len elley, Mayor
Passed by the Council
July 12, 1993
Submitted to the Mayor
July 13, 1993
July 13, 1993
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: fY1~--r~~ +-
Mary nnant, CIty Recorder
City of Woodburn, Oregon
July 13, 1993
Page 1 - COUNCIL BILL NO. 1484
RESOLUTION NO. 1191
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CONSULTING AGREEMENT
THIS AGREEMENT, made and entered into this 2nd day of AUQust , 1993,
by and between the CITY OF WOODBURN, OREGON (hereinafter referred to as ''the
City") and DON CAREY dba "DON CAREY AND ASSOCIATES" (hereinafter referred to as
''the Consultant").
WHEREAS, pursuant to the terms and conditions of this Agreement, the City
desires to engage the Consultant, and the Consultant desires to be engaged by the City,
to render certain technical and professional services described hereinafter.
NOW, THEREFORE, in consideration of the mutual promises and agreements set
forth herein, it is agreed by and between the City and the Consultant as follows:
1. Services to be Rendered. The Consultant hereby agrees to render and perform
for the City the technical and professional services as described in the following Scope
of Work:
SCOPE OF WORK
A. Review with the City of Woodburn the architectural/engineering design
concept for the swimming pool renovation, and make recommendations to the city
for construction and accessibility configurations appropriate to design intent,
construction system, and applicable regulations. Configuration and
architectural/engineering designs mayor may not exceed the basic repair
concepts specified in FEMA DSR#39688, which is attached hereto and
incorporated herein. In either case, the fees paid to the Consultant by the City
pursuant to this agreement shall not exceed $23,000.
B. Provide structural design for the swimming pool shell, overflow gutter, and
deck.
C. Provide appropriate mechanical and electrical design for the pool
renovation.
D. Provide drawings and specifications and related details to secure a building
permit for the pool contractor to bid and construct a complete working swimming
pool system, including but not limited to the pool itself, all piping, decks, surge
tank, deck drains, overflow gutter piping, mechanical room piping and chemical
system.
E. Assist the City of Woodburn in securing a building permit and selecting a
qualified pool contractor capable of constructing the proposed systems
Page 1 -
CONSULTING AGREEMENT
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F. Review shop drawings and submittals created by the pool contractor in a
timely manner during construction. Make six periodic trips to the job site to
observe the construction as required. Monitor the work as it proceeds with design
intent, and provide field report for each site visit.
2. Consultant is an Independent Contractor. The parties hereby agree that the
Consultant is an independent contractor, and not an employee of the City, and that
nothing contained in the Agreement shall constitute or designate the Consultant or any
of its employees, agents or contractors as employees of the City.
3. Consideration. In consideration of the Consultant's performance of the
services described in the above Scope of Work, the City shall pay Consultant at the rate
of $55.00 per hour. The Consultant's total compensation, including travel expenses and
six copies of the drawings and specifications, shall not exceed the sum of $23,000. The
City shall pay the Consultant on a monthly basis upon receipt of an itemized invoice.
Soil engineering, extra copies of the drawings and specifications, and the cost of
necessary permits are not included in the Consultant's total compensation and shall be
billed to the City at cost.
Any modification of the Scope of Work which involves extra costs shall be evidenced in
writing, approved by both parties, and shall become an extra charge over and above the
fees listed in this agreement. Any additional work which is agreed to in writing and not
included in the Scope of Work, shall be billed to the City by the Consultant at the rate of
$55.00 per hour, plus necessary expenses.
4. Compliance with Laws. The Consultant agrees to comply with all applicable
laws, ordinances and codes of state and local governments.
5. Termination. Either party may terminate this agreement upon 30 days written
notice to the other party. If at the time of termination, the City owes any fees to the
Consultant, such fees are due and payable within 30 days of termination.
6. Assianment. The rights and duties of the parties hereunder are personal and
shall not be assignable by either party without the express written consent of the other
party.
7. Governinq Law. It is agreed that this agreement shall be governed by them
laws of the State of Oregon.
8. Severability. If any provision or part of this agreement is for any reason
determined by a court of competent jurisdiction to be invalid or unenforceable, then such
part shall be severed from the agreement ant the remainder thereof shall remain fully
enforceable.
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CONSULTING AGREEMENT
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9. Attornevs Fees. In the event a suit or action is instituted to enforce any right
guaranteed pursuant to this agreement, the prevailing party shall be entitled to, in addition
to the statutory costs and disbursements, a reasonable attorneys fee to be fixed by the
trial and appellate courts respectively.
10. Entire Aareement. This agreement constitutes the entire understanding of the
parties with respect to the subject matter herein and supersedes all negotiations, prior
discussions and preliminary agreements made prior to this date. All modifications to this
agreement shall be in writing and shall be signed by the parties.
CITY~F W ODBURN
By:' ~
L n Kelley, Mayor
Date: 7 -I'f - C; 3
DON CAREY
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Date: B. z- . "13
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Chris Childs
City Administrator
Date: 7-11- f/3
By:
ATTEST: ;r;~ ~
Mary Tenn t, City Recorder
City of Woodburn
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CONSULTING AGREEMENT
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