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Home My WebLink AboutCC Resolution 7806 (Falkirk Cultural Center)RESOLUTION --7-U6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE EXPENDITURE OF FALKIRK MEMBERSHIP FUNDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT (IN THE AMOUNT OF $3,900) WITH BRIAN WITTENKELLER FOR PROFESSIONAL SERVICES TO DEVELOP A LANDSCAPE PLAN FOR A NEW CENTENNIAL GARDEN ON FALKIRK GROUNDS. WHEREAS, Falkirk Cultural Center provides the citizens of San Rafael with a rich and varied program of cultural activities; and WHEREAS, The Falkirk Garden Committee has been working with Landscape Architect Brian Wittenkeller and wishes to retain him to draw a plan to create a new public garden; and WHEREAS, Master Development Plans are necessary to proceed into the fundraising phase of the project; and WHEREAS; staff recommends the execution of a Master Development Plan for phased work and specific construction details. NOW THEREFORE, BE IT RESOLVED the City Council of the City of San Rafael hereby authorizes an expenditure of $3,900 for a Master Development plan and construction details for the Falkirk Centennial Garden. BE IT FURTHER RESOLVED that the City Manager and City Clerk are authorized to execute an Agreement for Professional Servicesbetween the City of San Rafael and Brian Wittenkeller I, JEANNE M. LEONCINI, Clerk of the City of San Rafael hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a Regular meeting of the City Council of said City held on Tuesday the sixth day of September, 1988, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE NE M. LEONCINI, City Clerk UfIRIUl"INA1 7806 AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into the S;xth day of September, 1988, by and between the CITY OF SAN RAFAEL (hereinafter referred to as City) and Brian Wittenkeller and Associates (hereinafter called Consultant). A. Scope of Work: In accordance with this Agreement, the Consultant agrees to prepare design drawings for the Centennial Garden at Falkirk. These services will be performed according to the work tasks outlined in Exhibit A. B. Direction: The Consultant, in performance of the Scope of Work referred to above, will work under the direction of the Cultural Affairs Director and Supervisor. It is understood and agreed that the Consultant is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Consultant, or any individual whose compensation for services is paid by the Consultant, an agent or employee of the City, or authorizing the Consultant to create or assume any obligation for or on behalf of the City. C. Payment of Fees and Expenses: The cost of fees and expenses for the work outlined in Exhibit "A" will not exceed $3,900. The City will make payments to the Consultant upon receipt of progress invoices, representing the actual cost of fees and expenses to the date of the invoice. D. Terms: The term of this Agreement shall be through September 15, 1989. Either party may terminate, with or without cause, by giving the other party thirty (30) days written notice. In the event of Agreement termination, the City shall pay Consultant all sums due and unpaid under this Agreement. Payment by City of such compensation shall be considered full and final settlement for all work performed by the consultant and this Agreement. All completed reports and other documents and materials described in Attachment A shall become the property of the City. E. Arbitration: Consultant and City agree to submit any claims arising under this agreement to binding arbitration pursuant to the current provisions of the California Code of Civil Procedure and any successor statutes. F. Hold Harmless: Consultant agrees to defend, indemnify, protect, and hold City and its agents, officers, and employees, harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to consultant's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of consultant and his agents, officers or employees, in performing the work or services herein described and all expenses of investigating and defending against same; provided, however, that consultant's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employes. G. Alterations: This Agreement may be modified, as necessary, for the successful and timely completion of the services to be provided. Any alteration shall be expressed in writing, as an amendment to this Agreement, and shall be approved by both parties. IN WITNESS WHEREOF, City and Consultant have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: CITY )OF SAN RAFAEL — AANNE M. LEONCINI PAMELA J. NItfJLAI City Clerk City Manager/ f, 1 � ;f r VAUgH'N STRATFORD Director, Cultural Affairs APRROVED AS TO FORM: el jr, c_,/; -,'GARY T., RAGGHIANTI City Attorney CONSULTANT, BRIAN WITTENK LLER Brian Wittenkeller & Assoc. July BRIAN WI' 'ENKELLER & ASSOCIATES LANDSCAPE f,..�HITECTS AND PLANNERS CA UC. NO. 1316 (415)457-1332 1329 VIA SESSI SAN RAFAEL, CA 94901 25, 1988 TO: Vaughn Stratford Director of Library City of San Rafael P.O. Box 60 and Cultural Affairs San Rafael, CA 94915 SUBJECT: Proposal for preparation of Design Drawings for the Centennial Garden at Falkirk. Dear Mr. Stratford, This letter constitutes my firm's proposal for the above mentioned project. This proposal is based on numerous meetings with Carol Abney and the Centennial Committee of the Falkirk Cultural Affairs Commission as well as several site visits. I have worked closely with the committee in the development of a concept plan which I completed at no cost to the city. This proposal outlines a scope of work that will result in a Master Development Plan for the Falkirk Centennial Garden. The Plan will be suitable for presentations at public meetings and fundraising events and will depict the proposed improvements in a high quality graphic display panel. The work is divided into tasks as follows: TASK NO. 1: The consultant will meet with the centennial committee to review the Concept Plan and receive any additional input from the committee or staff members. The consultant will also meet with staff representatives form the public works, planning, parks department or other city representatives as discussed and receive their input regarding project use, site development, phasing and construction assistance. TASK NO. 2: Based on the information gathered in Task #1 and previous meetings and investigations, the consultant will prepare a Master Development Plan for the Falkirk Centennial Garden. The plan will depict all use areas, circulation patterns, site amenities and landscape treatment of the Garden. A plan view along with elevations and descriptive notations and or text will show the major design elements of the garden. Page 2 Proposal for Professional Landscape Architectural Services TASK NO. 3: The consultant will work closely with the city staff in the development of site specific construction details as they are required. FEES: The maximum fee which will not be exceeded without your approval is as follows: TASK NO. 1 and 2 .....................................$2,700.00 TASKNO. 3 ..........................................$1,200.00 The fee is based on hourly rates as follows: Principal $75.00 per hour Associate $50.00 per hour Drafter/Technician $35.00 per hour ADDITIONAL SERVICES: It is recommended that we be retained for on-site construction review and detailed arrangement of planting when appropriate. CONTRACT CONDITIONS: The above quoted costs are based on the following: A. Costs include all professional, secretarial and graphic services required to complete the work as outlined above. Incidental costs, such as travel and out-of-pocket expenses are included in the above-quated costs. They also include checkprints of drawings, one color rendered Master Landscape Development Plan and two sets blueline prints of final construction drawings. Additional copies of drawings will be billed at actual cost. B. Addtional Services requested by you beyond the outlined scope of work will be billed at the normal hourly rate as per above. C. Our firm will submit invoices to you on a monthly basis in accordance with the completed work. Late payments (30 days from invoice date) are subject to 1-1/2% per month late charges. D. Should the work be completed in less time than estimated, you shall realize the savings and be billed accordingly. Page 3 Proposal for Professional Landscape Architectural Services We look forward to working with you and are excited about the possibilites to create a delightful project. PROPOSAL SUBMITTED BY: =;Jaaw�a� V) 40=1 Wawa ------------------------------------ -----7 +� Brian Wittenkeller, ASLA Date