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1981-1117_GRAVES, MICHAEL_AgreementCITY COPY • AGREEMENT THIS AGREEMENT, made and entered into this 17th day of November, 1981, by and between the City of San Juan Capistrano, a body politic of the State of California (hereinafter referred to as "the owner"), and Michael Graves, Architect, P.A., a New Jersey Professional Corporation (hereinafter referred to as "the architect"). This agreement supercedes the agreement between the architect and the owner of April 7, 1981. WITNESSETH: The owner hereby engages the architect and the architect hereby accepts the engagement from the owner to perform architectural services according to the terms and conditions of this agreement for the construction by the owner of the San Juan Capistrano Public Library and improvements for Acjachema Street (hereinafter referred to as "the project") on certain real property located in the City of San Juan Capistrano, California, known and described as follows: Parcel 2 of Tentative Parcel Map 80-853 of Book 154, page 33 of parcel maps filed with the County of Orange, including the right-of-way for Acjachema Street. 1. DEFINITIONS. (A) "Program." The term "program" as used in this agreement means the purpose for which and the manner in which the project is intended to be used by the owner after its final completion as is described in the related design competition out of which this agreement arises, including the design of interior spaces and specification of furniture and furnishings, which last the parties agree to be an integral part of the architect's services herein. (B) "Estimated Project Construction Cost." The term "estimated project construction cost" as used in this agreement shall mean the architect's written estimate at the time a designated phase of the planning/design has been completed of the cost of con- structing the project according to the plans and specifications prepared by or under the direction of the architect. 2. SERVICES OF ARCHITECT. The parties agree that the underlying competition has largely fixed and determined the schematic design study for the project. The architect shall consult with the owner to ascertain the program and other requirements for the project to the extent not heretofore fixed by the underlying design competition, and pre- pare and submit for the owner's approval a schematic design study for the project consisting of: (1) (A) Drawings and materials in the form of plans, elevations, sections, and study model sufficient to convey the architectural design of the project to the owner; outline spec- ifications in sufficient detail to indicate the general description of the project, the type of structure, the kinds and quality of materials, mechanical and electrical systems to be installed in the project and preliminary landscape plans; and an estimated project construction cost to be entitled "Estimated Project Con- struction Cost --Schematic Design Phase." (B) On approval by the owner of the schematic design study prepared by the architect, the architect shall prepare and submit for the owner's approval design development documents con- sisting of drawings showing the site and floor plans, elevations, cross-sections, and other appropriate features of the project; outline specifications fixing and illustrating the size, character, and quality of the entire project, the essentials of the materials to be used in the project, the essential features of its mechanical and electrical systems, and other appropriate features; and an estimated project construction cost, entitled "Estimated Project Construction Cost --Design Development Phase" in sufficient detail to indicate the cost of major categories of the work involved in constructing said project. 3. CONSTRUCTION DOCUMENT PHASE. On receipt of written instructions from the owner to proceed with the preparation of construction documents, the architect shall prepare from the approved design development documents and submit to the owner for approval: (A) Working drawings and specifications prescribing and setting forth in detail the work to be done in constructing the project, the materials, workmanship, finishes, and equipment required to complete the architectural, structural, mechanical, electrical systems and site work for the project. (B) Written notice to the owner of any indicated adjustments in the estimated project construction cost --design development phase arising from more detailed development of the design of the project or from approved changes in the scope or requirements for the project. (C) An estimated project construction cost based on the construction documents and entitled "Estimated Project Construction Cost --Construction Document Phase" in sufficient detail to indicate the quantities and unit costs of major categories of work and material required for the construction of the project. (2) 4. APPROVAL OF GOVERNMENTAL AGENCIES. The architect shall at all times assist the owner in gaining approval of any governmental or other agencies required to approve the project, and shall prepare all documents, studies, plans, drawings, specifications, and other instruments required by this agreement to be prepared by him in such form and with such information or data contained therein as may be required by such agencies or by any lending institutions from which the owner may seek either permanent or construction financing for the project. The cost of any permits or approvals shall be borne by the owner. 5. ASSISTANCE IN BIDDING. After approval of the working drawings and specifica- tions for the project prepared by the architect, the architect will assist the owner in obtaining bids or negotiated proposals and awarding a general contract for the construction of the project by: (A) Aiding the owner or the owner's attorney in drafting a standard bid form, instructions to bidders, and proposed contract documents to be executed by the owner and the selected general contractor. (B) Aiding the owner in selecting a group of quali- fied, responsible general building contractors to bid on the project, including attending a pre-bid meeting of proposed contractors. (C) Issuing plans and specifications for the project to prospective bidders on the project. (D) Issuing addenda bulletins explaining or detailing the provisions of the plans and specifications for the project to the bidders. (E) Consulting with and advising the owner on bids submitted by contractors for the construction of the project. 6. NO REPRESENTATIONS OR WARRANTIES. Notwithstanding the submission by the architect of various estimated project completion cost documents, as herein described, including the estmated project completion cost --construc- tion document phase, the architect makes no representations or warranties regarding actual cost of completion nor that the project may be constructed within any given budget. The architect makes no representations or warranties, nor does he guarantee time of completion or the time of any phase of the project. The parties shall agree upon a schedule for the phases of the architect's work hereunder, which shall be endorsed hereon by separate schedule within 30 days from the date of execution hereof. (3) Should the lowest acceptable bid by a general building contractor for the construction of the project exceed by more than 5% the total estimated construction cost of the project stated on the estimated project construction cost --construction document phase, the architect shall, as an additional service and on written request of the owner, revise the plans and specifications for the project in such manner as to bring the total actual cost of con- structing the project within the amount specified as the total estimated construction cost of the project on such estimated project construction cost --construction document phase. Provided, however, that the architect shall be under no duty to so revise the plans and specifications for the project unless the owner shall have solicited bids for the construction of the project within 45 days after approval by the owner of the working drawings and specifica- tions for the project prepared by the architect. 7. CONSULTANTS. The architect shall employ such technicians and con- sultants, including mechanical, electrical and structural engineers and landscape architects, as may be required to enable the architect to properly design and supervise the construction of the various elements required to be included in the project. 8. CONSTRUCTION PHASE. After the award by the owner of a general contract for the construction of the project, the architect shall exercise general supervision over the actual construction of the project by: (A) Providing technical direction to a full-time project manager who shall be employed by and be responsible to the owner. (B) Visiting and inspecting the project as in the determination of the architect the nature and progress of the work on the project requires. (C) Promptly advising the owner in writing of any variances between the work of a contractor and contract drawings and documents. (D) The architect shall have no responsibility or authority for condemning or rejecting any work on the project which does not conform to the contract documents, but, after being advised of the same by the architect, such responsibility shall be that of the owner. (E) Furnishing on request of the owner, any con- tractor, or any subcontractor on the project definitions and interpretations of the working drawings and specifications for the project. (4) (F) Reviewing and approving shop drawings, samples, and other submissions of the contractor for conformance with the design concept of the project and compliance with the contract documents. The architect shall have no responsibility for the manner, method or means of construction employed by any contractor or subcontractor on the project. (G) Determining, on receipt of an application for payment from the contractor, the amount due to the contractor under the contract documents and issuing a certificate for payment to the owner for such amount. Each such certificate of payment issued by the architect shall constitute a representation by the architect to the owner that he has inspected the project and that to the best of his knowledge the work required to be completed by the contractor before the payment specified in such certificate became due to the contractor has been completed in accordance with the contract docu- ments. (H) Making such reports as may be required by the owner for the use of any public agency on the progress of the con- struction of the project. (I) Approving, subject to written concurrence by the owner, of the substitution of any materials or equipment for those required by the working drawings and specifications for the project and approving the laboratory reports on such substituted material or equipment. (J) Preparing change orders for written approval of the owner. (K) Providing color and finish schedules for all materials and surfaces to be used in the project for the owner's review and approval. (L) On application for final payment by the con- tractor, making a final inspection of the project, assembling and delivering to the owner any written guarantees, instruction books, diagrams and charts required by the contract documents, and issuing a certificate of final completion of the project. 9. ORDERS INCREASING CONTRACT PRICE. Notwithstanding any other provision of the agreement, the architect shall not issue, nor shall the architect have the authority or responsibility to issue, without first obtaining the written approval of the owner any change order or other order to any contractor or subcontractor employed on the project that will (5 ) commit the owner to pay any amount in excess of the contract price specified in the contract between the owner and the general con- tractor employed by the owner to construct the project or in any other way modifying such contract between the owner and the general contractor employed by the owner to construct the project. 10. GUARANTY OF CONSTRUCTION. At all times during the continuance of this agreement, the architect shall use his best efforts to secure compliance by contractors employed on the project with the contractual require- ments for the project but shall not be a guarantor of the performance of any contractor nor shall it be liable for the errors or omissions of any contractor, subcontractor, or materialmen employed on or furnishing materials to the project. 11. SURVEY OF BUILDING SITE AND OWNER'S RESPONSIBILITIES. (A) The owner, at its own cost and expense, shall furnish the architect with a complete and accurate survey of the building site on which the project is to be erected showing the grades and lines of streets, alleys, pavements, and adjoining properties; rights-of-way, restrictions, easements, encroachments, zoning, boundaries, and contours of the building site; and full information as to public utility service and lines available to such building site. (B) The owner shall, at its own cost and expense, furnish the services of a soil engineer when such services are deemed necessary by the architect for determining subsoil conditions of the building site for the project. (C) The owner shall, at its own cost and expense, furnish all structural, mechanical, chemical, and other laboratory tests as may be required by law or the contract documents. (D) The owner shall, at its own cost and expense, furnish all legal and insurance counseling services required for the successful completion of the project. (E) The owner shall assign the City Manager of the City of San Juan Capistrano as project manager acceptable to both the owner and architect to carry on a continuous on-site inspection of the project during the entire course of its construction and to undertake the on-site duties assumed by owner hereunder. (F) The owner shall pay all fees required by any governmental agency, agencies, or bodies for filing and checking any instruments prepared by the architect, for issuing building permits for the project, or for performing any other acts required for the completion of the project according to any applicable laws, ordinances, or regulations. (6) (G) The owner shall approve or reject any drawings, documents, or instruments required by this agreement to be prepared by the architect and approved by the owner within ten days after they have been submitted to it for approval. 12. PAYMENTS TO ARCHITECT. The owner shallcompensate the architect in accordance with the terms of this agreement , for all services of the architect herein described, except those services set forth as "additional services" or as "reimbursable expenses," and shall pay to the architect a single stipulated sum amounting to$160,392. Said fee shall be billed as follows: (A) The sum of $16,039.20 upon execution of this contract. (B) The sum of $32,078.40 upon acceptance and approval by the owner of the design development documents or 15 days after the receipt of said documents. (C) A sum totaling $64,156.80 to be paid in two increments of $32,079.40. The first installment shall be paid on December 31, 1981; the second and final payment of this phase shall be paid upon acceptance and approval of the construction documents or 15 days after the receipt of said documents. (D) The sum of $16,039.20 upon execution of a contract with a general contractor for the construction of the project. (E) A sum totaling $32,078.40 to be dispersed in five amounts during the course of construction the project. The final payment of this phase shall occur within 15 days after the receipt by the owner of the architects certificate of completion. 13. DEFINITION OF "ACTUAL COST TO THE OWNER OF THE CONSTRUCTION OF THE PROJECT." The term "actual cost to the owner of the construction of the project" as used in this agreement shall mean in the aggregate: (A) The actual cost to the onwer of all portions of the project constructed and accepted by the owner. (B) The lowest bona fide bid received from a qualified contractor for the project prepared by the architect pursuant to this agreement for any portion of the project for which no construc- tion contract is awarded by the owner. (C) The estimated project construction cost --con- struction document phase for any portions of the project for which no bids are received by the owner for the project prepared by the architect pursuant to this agreement. (7) (D) Such construction cost shall not include the fees of the architect and consultants, the cost of the land on which the project is to be erected, the cost of any rights-of-way, or other costs required by this agreement to be paid by the owner. (E) In computing the said construction cost of the project, labor furnished by the owner shall by valued at its fair market value in the area where the project is to be constructed and any materials or equipment furnished by the owner shall be at its actual cost to the owner. 14. REIMBURSABLE EXPENSES. In addition to the basic fee herein agreed to be paid to the architect, the architect shall be reimbursed by the owner within 30 days of submission of vouchers delivered to the owner by the architect, at the rate of 1.5 times reimbursables under $100.00 and 1.0 times reimbursables over $100.00, as follows: (A) Expense of reproductions, postage and handling of drawings and specifications excluding duplicate sets at the completion of each phase for the owner's review and approval. (B) If authorized in advance by the owner, expense of overtime work requiring higher than regular rates and expense of additional rendering or models for the owner's use. (C) Expense of computer time when used in connection with additional services. (D) Said reimbursables shall not exceed $3 000.00 with out prior written consent of the owner. 15. ADDITIONAL SERVICES. In addition to the basic fee herein agreed to be paid to the architect and the actual expenses agreed to be reimbursed to the architect, the owner shall pay the architect on request the direct personnel expenses as herein defined incurred by the architect in performing any additional services requested by the owner and not required to be performed by the architect under this agreement. (A) The term "additional services requested by the owner" as used in this paragraph shall include, but shall not be limited to: (1) The providing of financial feasibility for other special studies of the project by the architect. (2) The providing of consultation services, drawings, designs, plans, specifications, or other documents for the replacement of any work damaged by fire or other cause or casualty not the fault of the architect during the construction of the project. (8) LI (3) The providing of additional architectural services required because of the default of the general contractor or any subcontractor in the performance of the contract documents. (4) The providing of interior design or other services in connection with the selection of furniture and furnishings for the project. (5) The providing of services as an expert witness in connection with any public hearing, arbitration proceeding, or proceedings of a court of record not required to secure the approval of any governmental agency or board for the construction of the project. (B) The term "direct personnel expenses" as used in this section means: (1) A principal architect's time spent in per- forming additional services at the rate of $60.00 per hour. (2) 2.75 times the actual cost to the architect of the time spent by employees of the architect, including without limitation architects, engineers, draftsmen, specification writers, and clerical workers, in performing such additional services based on the rate of wages paid by the architect to such employees during such times. 16. NUMBER OF DOCUMENTS. The architect shall provide the owner, at no expense to the owner, with at least one set of reproducible drawings, spec- ifications, and other documents required by this agreement to be prepared by the architect and submitted for the owner's approval. 17. REPRODUCTIONS OF WORKING DOCUMENTS. For bidding and construction purposes, the architect shall, at the sole cost and expense of the owner, cause such number of the construction documents described in this agreement as may be requested by the owner to be reproduced in such manner and by such establishment as the owner may designate. (9) 0 18. OWNERSHIP OF DOCUMENTS. Drawings and specifications as instruments of service are and shall remain the property of the architect whether the project for which they are made is executed or not. They are not to be used by the owner or architect on other projects or extensions to this project except by agreement in writing. All designs, drawings, specifications, technical data, and other instruments produced by the architect in the performance of this agreement shall be the sole property of the architect and the architect is vested with all rights therein of whatever kind and however created, whether created by common law, statutory law, or by equity, including the rights of copyright in the United States and abroad, the right to publish and exhibit the same at any time and in any medium. 19. SKETCHES. DRAWINGS. AND MODELS The architect shall provide upon request by the owner negatives of sketches, drawings, and models associated with the design of the project. Said negative may be used by the owner to promote or publicize the project without prior consent of the architect. 20. INTERIOR DESIGN, FURNITURE, FURNISHINGS AND FINISHES. The parties agree that the undertaking by the architect herein is made on the express understanding that it will design the interior spaces and finishes and will specify the furniture and furnishings. Parties agree that such interior spaces, finishes, furniture and furnishings are inseparable for the remainder of the architect's work hereunder and further agree that the architect shall have no obligation to perform under this agreement should its right to design said interior and finishes and to specity said furniture and furnishings be withdrawn or limited in any fashion. The purchase and installation of furniture, furnishings and movable fixtures is not included in the project construction cost. The architect shall have the right to negotiate separate commission or compensation agreements in connection with the design and/or spec- ification of any such furniture, furnishings and movable fixtures. 21. NOTICES. Any and all notices or other communications required or permitted by this agreement to be served on or given to either party hereto shall be in writing and sahll be deemed duly served and given when personally delivered to the party to whom it is directed or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid, addressed to the owner at 32400 Paseo Adelanto, San Juan Capistrano, California 92675, and to the architect at 34 Witherspoon Street, Princeton, New Jersey 08540. Either party may change his address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. (10) 22. TERMINATION OF AGREEMENT. This agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination due to the fault of others than the arcitect, the architect shall be paid his compensation for services performed to termination date, including reimbursable expenses then due and all terminal expenses. 23. SUCCESSORS AND ASSIGNS. The owner and the architect each bind themselves, their partners, successors, assigns and legal representatives to the other party to this agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this agreement. Neither the owner nor the architect shall assign, sublet or transfer its interest in this agreement without the written consent of the other. 24. ARBITRATION. All claims, disputes and other matters in question arising out of, or relating to this agreement or the breach thereof shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed in writing with the other party to this agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable pro- ceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 0 The owner agrees that in no event shall the architect be made or named a party in any arbitration proceeding between the owner and any contractor or subcontractor on the project; and further agrees to include in its contract with said contractor and to require said contractor to include in its contracts with the subcontractors clauses prohibiting the naming of the architect as a party in any dispute involving any person, firm or corporation engaged or under contract on the project. The owner agrees to save and hold harmless the architect from and against any claim or demand by any contractor of subcontractor arising out of the work to be performed by the architect hereunder, the work performed on the project by the con- tractor or any subcontractor or from any claim or demand arising from the activities or undertakings of the owner pursuant to this agreement or pursuant to its agreement with any contractor on the project. 25. EXTENT OF AGREEMENT. This agreement represents the entire and integrated agreement between the owner and the architect and supersedes all prior negotiations, representations or agreements, whether written or oral. This agreement may be amended only by written instrument signed by both owner and architect. 26. GOVERNING LAW. This agreement shall be governed by the law of the State of California. (12) In witness WHEREOF the parties have executed this agreement the day and date first above written. CITY OF SAN JUAN CAPISTRANO By �111� lf`Gl awrence F. Buchheim, Mayor Pro Tem ATTEST: 96J W WAL61 IM.,r - AWO- APPROVED AS TO FORM: T7f' _ I Y ATTORNEY, Jame S. Okazaki (13) MICHAEL GRAVES ARCHITECT, P.A. By Michael Graves ATTEST: SECRETARY, MICHAEL GRAVES ARCHITECT P Karen V. Wheeler AGENDA ITEM December 15, 1981 TO: Honorable Mayor and City Council FROM: Stephen B. Julian, City Manager SUBJECT: Approval of Progress Payment - Library Architectural Services (Michael Graves) SITUATION: Per our agreement with Michael Graves, Architect, for the proposed library, a progress payment in the amount of $32,078.40 is to be made upon City acceptance of design development. Design develop- ment constitutes the refined preliminary drawings to be used for the preparation of construction documents. The design development drawings have been reviewed by staff and found acceptable, subject to some minor revisions. Upon their acceptance, the architect will proceed with preparation of con- struction documents. It is anticipated these final drawings will be completed during early February. FINANCIAL CONSIDERATIONS: The Capital Projects budget for 1981-82 includes an amount of $180,000 for architectural services related to the design of the library. The submitted invoice of $32,078.40 will be paid from this account. ALTERNATE ACTIONS: 1. Approve the release of payment. 2. Defer the release of payment. RECOMMENDATION• By motion, authorize payment to Michael Graves, Architect, in the amount of $32,078.40 in partial fulfillment of the architectural services contract. Respectfully submitted, Stephen 4BJulaian sBJ:cn fCR C. fl' C %U�!„ii AGENDA . ... El 0 AGENDA ITEM TO: City Council FROM: Stephen B. Julian, City Manager November 17, 1981 SUBJECT: Architectural Services Contract - San Juan Capistrano Library SITUATION Commensurate with recent changes in the library program, as well as a newly -proposed payment schedule, a modified contract has been drafted. This contract reflects a fixed fee of $160,392 spread over ten payments which are keyed to performance. The total fee is based upon $183,455 (ten percent of the project cost at schematic design) less previous payments. FINANCIAL CONSIDERATI The Capital Projects budget for 1981-82 placed $180,000 in a fund for architectural services for the design of the library. The remaining monies in the account total $160,946.76. ALTERNATE ACTIONS 1. Approve the contract. 2. Modify the contract. 3. Direct staff to renegotiate the contract. RECOMMENDATION By motion, approve the revised contract of architectural services for the San Juan Capistrano Library with Michael Graves, Architect, P.A. Respectfully �ulsubmitted, Stephen B. Juli n City Manager SBJ:MPP:lcl FOR CITY COUNCIL AGENDA .. .... 9 0 ,v AGENDA ITEM September 15, 1981 / 1 .. r'. TO: Stephen B. Julian, City Manager FROM: Thomas G. Merrell, Director Community Planning and Development SUBJECT: Release Progress Payment - Library Architectural Plans SITUATION The Library Architectural Review Committee has accepted the schematic plans for the library. The contract with the architect calls for a progress payment at the conclusion of this phase of work. The payment is calculated on 15 percent of the total architectural fee, plus reimbursibles (reproduction of plans) and additional services --(in this instance furniture specification and fund-raising assistance). The invoice is included as Attachment A. FINANCIAL CONSIDERATIONS The payment will be subtracted from the library design account of the recently -adopted Capital Improvement Budget. ALTERNATE ACTIONS 1. Pay the request. 2. Withhold payment. RECOMMENDATION By motion, authorize the expenditure of $19,150.24 for professional services of the schematic design phase for the San Juan Capistrano Library to Michael Graves, Architect, P.A. -------------------------------------------------------------- Respectfully su�bmmii ed, J p Thomas G. Merrell, Director s,. r Community Planning and Development TGM:MPP:lcl Attachment Qt r;lTy COU N,lCtL AGENDA E'7 0 August 14, 1981 MICHAEL GRAVES • ARCHITECT Mr. Michael Porter City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 INVOICE 1. PROFESSIONAL SERVICES FOR SAN JUAN CAPISTRANO PUBLIC LIBRARY Projected project cost: $ 1,173,200.00 Basic compensation @ 10% of construction cost 117,320.00 Initial payment 5,866.00 5,866.00 Schematic Design @ 15% of basic compensation 17,598.00 17,598.00 Total compensation earned to date 23,464.00 Less previous billing 5,866.00 Compensation this invoice 17,598.00 Reimbursables Postage/Federal Express 142.00 Reproduction 36.70 178.70 178.70 TOTAL PROFESSIONAL SERVICES THIS INVOICE 17,776.70 continued 34 Witherspoon Street Princeton New Jersey 08540 telephone 609-924-6409 Michael Porter Invoice August 14, 1961 Page 2 2. ADDITIONAL SERVICES FOR GRAPHIC DESIGN AND MARKETING FOR PROMOTIONAL FLYER AND BOOKMARKS FOR SAN JUAN CAPISTRANO PUBLIC LIBRARY, MAY -JULY, 1981 Eric Kuhne: Michael Graves: 2.5 hours @ $60.00 $ 6.15 x 2.75 150.00 Eric Kuhne: 19.5 hours @ $6.15 x 2.75 329.78 Karen Wheeler: 2.0 hours @ $10.15 x 2.75 55.82 TOTAL ADDITIONAL SERVICES, PROMOTION 535.60 3. ADDITIONAL SERVICES FOR FURNITURE, FURNISHINGS, AND EQUIPMENT FOR SAN JUAN CAPISTRANO PUBLIC LIBRARY, MAY -JULY, 1981 Michael Graves: 1.5 hours @ $60.00 90.00 Nicholas Gonser: 16.0 hours @ $ 6.15 x 2.75 270.60 Eric Kuhne: 25.75 hrs. @ $ 6.15 x 2.75 435.49 Karen Wheeler 1.5 hours @ $10.15 x 2.75 41.85 TOTAL ADDITIONAL SERVICES, FURNITURE 837.94 SUMMARY: 1. PROFESSIONAL SERVICES AND REIMBURSABLES: 17,776.70 2. ADDITIONAL SERVICES, PROMOTION: 535.60 3. ADDITIONAL SERVICES, FURNITURE: 837.94 TOTAL THIS INVOICE $ 19,150.24 9 0 LIBRARY ARCHITECTURAL PLANS - RELEASE OF PROGRESS PAYMENT (GRAVES) -(38) A progress payment in the amount of $19,150,29 was authorized to Michael Graves, Architect, in accordance with contract conditions for design of the San Juan Capistrano Branch Library buildings. • 1. CONTRACT FOR ARCHITECTURAL SERVICES (BRANCH LIBRARY) `x(38) Written Communications: (52) Report dated April 7, 1981, from Councilman Friess, Chairman, Library Architectural Review Committee, recommending acceptance of the contract with Michael Graves, Architect, winner of the design competition for the local library building. Approval of Contract: It was moved by Councilman Friess, seconded by Councilman Buchheim, and unanimously carried to approve the Contract with Michael Graves, Architect, and authorize an initial payment of $5,865.00; the total fee is $177,320, based on 10 percent of the total construction cost of the library and improvements to Acjachema Street. 4/-7 /O' I 0 0 AGENDA ITEM TO: Honorable Mayor and City Council January 20, 1981 FROM: Kenneth E. Friess, Chairman Library Architectural Review Committee SUBJECT: Library Design Competition - Selection of Architect SITUATION: At the last meeting, the Library Architectural Review Committee presented Council with a recommendation for the design of the new San Juan Capistrano library. Architect Michael Graves of Princeton, New Jersey, was present to describe the process he used in preparing the recommended,design. Council decided to defer action on the Committee's recommendation to allow adequate time for public review. During the past two weeks approximately 75 people have examined the models submitted by the three finalists in the architectural competi- tion. In addition to Michael Graves, the finalists included Moore, Ruble, Yudell of Santa Monica, and Robert A. M. Stern, of New York. The Committee hopes the Council now has enough information to make a decision and will select Michael Graves' design for the new library. FINANCIAL CONSIDERATIONS: The costs were outlined in the January 6th agenda item. ALTERNATE ACTIONS: 1. Accept the Committee's recommendation and authorize staff to prepare a contract hiring Michael Graves of Princeton, New Jersey, to design the San Juan Capistrano library. 2. Select another architect. 3. Request further information. RECOMMENDATION: By motion, accept the Committee's recommendation and authorize staff to prepare a contract hiring Michael Graves of Princeton, New Jersey, to design the San Juan Capistrano library. Respectfully submitted, I,/ /' g 4,� Kenneth E. Friess KEF:ch FOR CITY COUNCIL AGENDA Kz,z AGENDA ITEM • TO: Mayor and City Council FROM: Ken Friess, Chairman Library Architectural Review Committee SUBJECT: Contract for Architectural Services Library C TTUA TTn\l ApO- 7, 1981 San Juan Capistrano Branch On January 20, 1981, the City Council authorized the Library Architectural Review Committee to negotiate with Michael Graves, the winner of the design competition. Those negotiations are complete and the contract is presented for review and approval by the City Council. The contract, as recommended by the Committee, contains a fee for the architect based upon the total construction cost of the library and the improvements to Acjachema. The architect is to receive 10 percent of that figure or $117,320. included in this figure is the development of construction documents, interior design, supervision, and travel expenses. FINANCIAL CONSIDERATIONS The City's fund for the Library Architectural Services now contains $149,128.68. Thus, following payment of the fees, $31,808.68 will remain in the account for contingencies. Upon execution of the contract, an initial payment of $5,865.00 is required. ALTERNATE ACTIONS 1. Approve the contract as submitted. 2. Approve the contract with modifications. 3. Direct the committee to renegotiate the contract. RECOMMENDATION By motion, concur with the Library Architectural Review Committee's recommendation to accept the contract and authorize the payment of $5,865.00 to Michael Graves, Architect. Respectfully submitted, a Ken Friess, Chairman Library Architectural Review Committee KF: MPP: 1p FOR CITY COUNCIL AGENDA 9 AGREEMENT THIS AGREEMENT, made and entered into this 7th day April, 1981, by and between the City of San Juan Capistrano, body politic of the State of California (hereinafter referred Co�Y JV of a to as "the owner"), and Michael Graves Architect, P.A., a New Jersey Professional Corporation (hereinafter referred to as "the architect") WITNESSETH: The owner hereby engages the architect and the architect hereby accepts the engagement from the owner to perform architectural services according to the terms and conditions of this agreement for the construction by the owner of the San Juan Capistrano Public Library and improvements for the pedestrianway known as Acjachema Street (hereinafter referred to as "the project") on certain real property located in the City of San Juan Capistrano, California, known and described as follows: Parcel 2 of Tentative Parcel Map 80-853 of Book 154, page 33 of parcel maps filed with the County of Orange, including the right-of-way for Acjachema Street. 1. DEFINITIONS. (A) "Program." The term "program" as used in this agreement means the purpose for which and the manner in which the project is intended to be used by the owner after its final completion, as is described in the related design competition out of which this agreement arises, including the design of interior spaces and specification of furniture and furnishings, which last the parties agree to be an integral part of the architect's services herein. (B) "Estimated Project Construction Cost." The term "estimated project construction cost" as used in this agreement shall mean the architect's written estimate at the time a designated phase of the planning/design has been completed of the cost of con- structing the project according to the plans and specifications prepared by or under the direction of the architect. 2. SERVICES OF ARCHITECT. The parties agree that the underlying competition has largely fixed and determined the schedmatic design study for the project. The architect shall consult with the owner to ascertain the program and other requirements for the project to the extent not heretofore fixed by the underlying design competition, and pre- pare and submit for the owner's approval a schematic design study for the project consisting of: (A) Drawings and materials in the form of plans, elevations, sections, and study model sufficient to convey the architectural design of the project to the owner; outline spec- ifications in sufficient detail to indicate the general description of the project, the type of structure, the kinds and quality of materials, mechanical and electrical systems to be installed in the project and preliminary landscape plans; and an estimated project construction cost to be entitled "Estimated Project Con- struction Cost --Schematic Design Phase." (B) On approval by the owner of the schematic design study prepared by the architect, the architect shall prepare and submit for the owner's approval design development documents con- sisting of drawings showing the site and floor plans, elevations, cross-sections, and other appropriate features of the project; outline specifications fixing and illustrating the size, character, and quality of the entire project, the essentials of the materials to be used in the project, the essential. features of its mechanical and electrical systems, and other appropriate features; and an estimated project construction cost, entitled "Estimated Project Construction Cost --Design Development Phase" in sufficient detail to indicate the cost of major categories of the work iAvolved in constructing said project. 3. CONSTRUCTION DOCUMENT PHASE. On receipt of written instructions from the owner to proceed with the preparation of construction documents, the architect shall prepare from the approved design development documents and submit to the owner for approval: (A) Working drawings and specifications prescribing and setting forth in detail the work to be done in constructing the project, the materials, workmanship, finishes, and equipment required to complete the architectural, structural, mechanical, electrical systems and site work for the project. (B) Written notice to the owner of any indicated adjustments in the estimated project construction cost --design development phase arising from more detailed development of the design of the project or from approved changes in the scope or requirements for the project. (C) An estimated project construction cost based on the construction documents and entitled "Estimated Project Construction Cost --Construction Document Phase" in sufficient detail to indicate the quantities and unit costs of major categories of work and material required for the construction of the project. (2) 4. APPROVAL OF GOVERNMENTAL AGENCIES. The architect shall at all times assist the owner in gaining approval of any governmental or other agencies required to approve the project, and shall prepare all documents, studies, plans, drawings, specifications, and other instruments required by this agreement to be prepared by him in such form and with such information or data contained therein as may be required by such agencies or by any lending institutions from which the owner may seek either permanent or construction financing for the project. The cost of any permits or approvals shall be borne by the owner. 5. ASSISTANCE IN BIDDING. After approval of the working drawings and specifica- tions for the project prepared by the architect, the architect will assist the owner in obtaining bids or negotiated proposals and awarding a general contract for the construction,of the project by: (A) Aiding the owner or the owner's attorney in drafting a standard bid form, instructions to bidders, and proposed contract documents to be executed by the owner and the selected general contractor. (B) Aiding the owner in selecting a group of quali- fied, responsible general building contractors to bid on the project, including attending a pre-bid meeting of proposed contractors. (C) Issuing plans and specifications for the project to prospective bidders on the project. (D) Issuing addenda bulletins explaining or detailing the provisions of the plans and specifications for the project to the bidders. (E) Consulting with and advising the owner on bids submitted by contractors for the construction of the project. 6. NO REPRESENTATIONS OR WARRANTIES. Notwithstanding the submission by the architect of various estimated project completion cost documents, as herein described, including the estmated project completion cost --construc- tion document phase, the architect makes no representations or warranties regarding actual cost of completion nor that the project may be constructed within any given budget. The architect make's no representations or warranties, nor does he guarantee time of completion or the time of any phase of the project. The parties shall agree upon a schedule for the phases of the architect's work hereunder, which shall be endorsed hereon by separate schedule within 30 days from the date of execution hereof. (3) 0 0 Should the lowest acceptable bid by a general building contractor for the construction of the project exceed by more than 108 the total estimated construction cost of the project stated on the estimated project construction cost --construction document phase, the architect shall, as an additional service and on written request of the owner, revise the plans and specifications for the project in such manner as to bring the total actual cost of con- structing the project within the amount specified as the total estimated construction cost of the project on such estimated project construction cost --construction document phase. Provided, however, that the architect shall be under no duty to so revise the plans and specifications for the project unless the owner shall have solicited bids for the construction of the project within 15 days after approval by the owner of the working drawings and specifica- tions for the project prepared by the architect. 7. CONSULTANTS. The architect shall employ such technicians and con- sultants, including mechanical, electrical and structural engineers and landscape architects, as may be required to enable the architect to properly design and supervise the construction of the various elements required to be included in the project. 8. CONSTRUCTION PHASE. After the award by the owner of a general contract for the construction of the project, the architect shall exercise general supervision over the actual construction of the project by: (A) Providing technical direction to a full-time project manager who shall be employed by and be responsible to the owner. (B) Visiting and inspecting the project as in the determination of the architect the nature and progress of the work on the project requires. (C) Promptly advising the owner in writing of any variances between the work of a contractor and contract drawings and documents. (D) The architect shall have no responsibility or authority for condemning or rejecting any work on the project which does not conform to the contract documents, but, after being advised of the same by the architect, such responsibility shall be that of the owner. (E) Furnishing on request of the owner, any con- tractor, or any subcontractor on the project definitions and interpretations of the working drawings and specifications for the project. (4) I (F) Reviewing and approving shop drawings, samples, and other submissions of the contractor for conformance with the design concept of the project and compliance with the contract documents. The architect shall have no responsibility for the manner, method or means of construction employed by any contractor or subcontractor on the project. (G) Determining, on receipt of an application for payment from the contractor, the amount due to the contractor under the contract documents and issuing a certificate for payment to the owner for such amount. Each such certificate of payment issued by the architect shall constitute a representation by the architect to the owner that he has inspected the project and that to the best of his knowledge the work required to be completed by the contractor before the payment specified in such certificate became due to the contractor has been completed in accordance with the contract docu- ments. (H) Making such reports as may be required by the owner for the use of any public agency on the progress of the con- struction of the project. (I) Approving, subject to written concurrence by the owner, of the substitution of any materials or equipment for those required by the working drawings and specifications for the project and approving the laboratory reports on such substituted material or equipment. (J) Preparing change orders for written approval of the owner. (K) Providing color and finish schedules for all materials and surfaces to be used in the project for the owner's review and approval. (L) On application for final payment by the con- tractor, making a final inspection of the project, assembling and delivering to the owner any written guarantees, instruction books, diagrams and charts required by the contract documents, and issuing a certificate of final completion of the project. 9. ORDERS INCREASING CONTRACT PRICE. Notwithstanding any other provision of the agreement, the architect shall not issue, nor shall the architect have the authority or responsibility to issue, without first obtaining the written approval of the owner any change order or other order to any contractor or subcontractor employed on the project that will (5 ) 0 0 commit the owner to pay any amount in excess of the contract price specified in the contract between the owner and the general con- tractor employed by the owner to construct the project or in any other way modifying such contract between the owner and the general contractor employed by the owner to construct the project. 10. GUARANTY OF CONSTRUCTION. At all times during the continuance of this agreement, the architect shall use his best efforts to secure compliance by contractors employed on the project with the contractual require- ments for the project but shall not be a guarantor of the performance of any contractor nor shall it be liable for the errors or omissions of any contractor, subcontractor, or materialmen employed on or furnishing materials to the project. 11. SURVEY OF BUILDING SITE AND OWNER'S RESPONSIBILITIES. (A) The owner, at its own cost and expense, shall furnish the architect with a complete and accurate survey of the building site on which the project is to be erected showing the grades and lines of streets, alleys, pavements, and adjoining properties; rights-of-way, restrictions, easements, encroachments, zoning, boundaries, and contours of the building site; and full information as to public utility service and lines available to such building site. (B) The owner shall, at its own cost and expense, furnish the services of a soil engineer when such services are deemed necessary by the architect for determining subsoil conditions of the building site for the project. (C) The owner shall, at its own cost and expense, furnish all structural, mechanical, chemical, and other laboratory tests as may be required by law or the contract documents. (D) The owner shall, at its own cost and expense, furnish all legal and insurance counseling services required for the successful completion of the project. (E) The owner shall assign a member of the Planning Department as project manager acceptable to both the owner and the architect to carry on a continuous on-site inspection of the project during the entire course of its construction and to undertake the on-site duties assumed by owner hereunder. (F) The owner shall pay all fees required by any governmental agency, agencies, or bodies for filing and checking any instruments prepared by the architect, for issuing building permits for the project, or for performing any other acts required for the completion of the project according to any applicable laws, ordinances, or regulations. (6) 0 0 (G) The owner shall approve or reject any drawings, documents, or instruments required by this agreement to be prepared by the architect and approved by the owner within ten days after they have been submitted to it for approval. 12. PAYMENTS TO ARCHITECT. The owner shall compensate the architect in accordance with the terms of this agreement, for all services of the architect herein described, except those services set forth as "additional services" or as "reimbursable expenses," and shall pay to the architect a single stipulated sum amounting to 10% of the actual cost to the owner of the construction of the project. Said sum shall be paid as follows: (A) The sum of $5,866.00 on the execution of this agreement, receipt of which is hereby acknowledged by the architect. (B) A sum equal to 15% of the said stipulated sum on approval by the owner of the schematic design studies document prepared by the architect pursuant to this agreement. (C) A sum equal to 20% of the said stipulated sum on approval by the owner of the design development documents pre- pared by the architect pursuant to this agreement. (D) A sum equal to 40% of the said stipulated sum on approval by the owner of the working drawings and specifications prepared by the architect pursuant to this agreement. (E) A sum equal to 10% of the said stipulated sum on the execution by the owner with a general contractor of a con- tract for the construction of the project. (F) The remaining unpaid balance of the said stipulated sum upon submission to the owner of the architect's certificate of completion. For the purpose of calculating the said stipulated sum as it relates to the payments to the architect only, and not as any representation or warranty of budget or cost, the said pay- ments shall be calculated on the basis of a proposed project budget of $1,173,200.00. The architect's final fee statement shall adjust and account for the said stipulated sum calculated upon the actual cost to the owner of the construction of the project. (7) 13. DEFINITION OF "ACTUAL COST TO THE OWNER OF THE CONSTRUCTION OF THE PROJECT." The term "actual cost to the owner of the construc- tion of the project" as used in this agreement shall mean in the aggregate: (A) The actual cost to the owner of all portions of the project constructed and accepted by the owner. (B) The lowest bona fide bid received from a qualified contractor for the project prepared by the architect pursuant to this agreement for any portion of the project for which no construc- tion contract is awarded by the owner. (C) The estimated project construction cost --con- struction document phase for any portions of the project for which no bids are received by the owner for the project prepared by the architect pursuant to this agreement. (D) Such construction cost shall not include the fees of the architect and consultants, the cost of the land on which the project is to be erected, the cost of any rights-of-way, or other costs required by this agreement to be paid by the owner. (E) In computing the said construction cost of the project, labor furnished by the owner shall be valued at its fair market value in the area where the project is to be constructed and any materials or equipment furnished by the owner shall be at its actual cost to the owner. 14. REIMBURSABLE EXPENSES. In addition to the basic fee herein agreed to be paid to the architect, the architect shall be reimbursed by the owner within 30 days of submission of vouchers delivered to the owner by the architect, at the rate of 1.5 times reimbursables under $100.00 and 1.0 times reimbursables over $100.00, as follows: (A) Expense of reproductions, postage and handling of drawings and specifications excluding duplicate sets at the completion of each phase for the owner's review and approval. (B) If authorized in advance by the owner, expense of overtime work requiring higher than regular rates and expense of additional rendering or models for the owner's use. (C) Expense of computer time when used in connection with additional services. (8) 15. ADDITIONAL SERVICES. In addition to the basic fee herein agreed to be paid to the architect and the actual expenses agreed to be reimbursed to the architect, the owner shall pay the architect on request the direct personnel expenses as herein defined incurred by the architect in performing any additional services requested by the owner and not required to be performed by the architect under this agreement. (A) The term "additional services requested by the owner" as used in this paragraph shall include, but shall not be limited to: (1) The providing of financial feasibility for other special studies of the project by the architect. (2) The providing of consultation services, drawings, designs, plans, specifications, or other documents for the replacement of any work damaged by fire or other cause or casualty not the fault of the architect during the construction of the project. (3) The providing of additional architectural services required because of the default of the general. contractor or any subcontractor in the performance of the contract documents. (4) The providing of interior design or other services in connection with the selection of furniture and furnishings for the project. (5) The providing of services as an expert witness in connection with any public hearing, arbitration proceeding, or proceedings of a court of record not required to secure the approval of any governmental agency or board for the construction of the project. (B) The term "direct personnel expenses" as used in this section means: (1) A principal architect's time spent in per- forming additional services at the rate of $60.00 per hour. (2) 2.75 times the actual cost to the architect of the time spent by employees of the architect, including without limitation architects, engineers, draftsmen, specification writers, and clerical workers, in performing such additional services based on the rate of wages paid by the architect to such employees during such times. (9) 0 0 16. NUMBER OF DOCUMENTS. The architect shall provide the owner, at no expense to the owner, with at least one set of reproducible drawings, spec- ifications, and other documents required by this agreement to be prepared by the architect and submitted for the owner's approval. 17. REPRODUCTIONS OF WORKING DOCUMENTS. For bidding and construction purposes, the architect shall, at the sole cost and expense of the owner, cause such number of the construction documents described in this agreement as may be requested by the owner to be reproduced in such manner and by such establishment as the owner may designate. 18. OWNERSHIP OF DOCUMENTS. Drawings and specifications as instruments of service are and shall remain the property of the architect whether the project for which they are made is executed or not. They are not to be used by the owner on other projects or extensions to this project except by agreement in writing and with appropriate compen- sation to the architect. All designs, drawings, specifications, technical data, and other instruments produced by the architect in the performance of this agreement shall be the sole property of the architect and the architect is vested with all rights therein of whatever kind and however created, whether created by common law, statutory law, or by equity, including the rights of copyright in the United States and abroad, the right to publish and exhibit the same at any time and in any medium. 19. INTERIOR DESIGN, FURNITURE, FURNISHINGS AND FINISHES. The parties agree that the undertaking by the architect herein is made on the express understanding that it will design the interior spaces and finishes and will specify the furniture and furnishings. Parties agree that such interior spaces, finishes, furniture and furnishings are inseparable for the remainder of the architect's work hereunder and further agree that the architect shall have no obligation to perform under this agreement should its right to design said interior and finishes and to specify said furniture and furnishings be withdrawn or limited in any fashion. The purchase and installation of furniture, furnishings and movable fixtures is not included in the foregoing project budget amount of $1,173,200.00. The architect shall have the right to negotiate separate commission or compensation agreements in connection with the design and/or specification of any such furniture, furnishings and movable fixtures. (10) 0 0 20. NOTICES. Any and all notices or other communications required or permitted by this agreement to be served on or given to either party hereto shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid, addressed to the owner at 32400 Paseo Adelanto, San Juan Capistrano, California 92675, and to the architect at 34 Witherspoon Street, Princeton, New Jersey 08540. Either party may change his address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. 21. TERMINATION OF AGREEMENT. This agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination due to the fault of others than the architect, the architect shall be paid his compensation for services performed to termination date, including reimbursable expenses then due and all terminal expenses. 22. SUCCESSORS AND ASSIGNS. The owner and the architect each bind themselves, their partners, successors, assigns and legal representatives to the other party to this agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this agreement. Neither the owner nor the architect shall assign, sublet or transfer its interest in this agreement without the written consent of the other. 23. ARBITRATION. All claims, disputes and other matters in question arising out of, or relating to this agreement or the breach thereof shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed in writing with the other party to this agreement and with the American Arbitration Association. The demand shall be made within L a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable pro- ceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. The owner agrees that in no event shall the architect be made or named a party in any arbitration proceeding between the owner and any contractor or subcontractor on the project; and further agrees to include in its contract with said contractor and to require said contractor to include in its contracts with the subcontractors clauses prohibiting the naming of the architect as a party in any dispute involving any person, firm or corporation engaged or under contract on the project. The owner agrees to save and hold harmless the architect from and against any claim or demand by any contractor of subcontractor arising out of the work to be performed by the architect hereunder, the work performed on the project by the con- tractor or any subcontractor or from any claim or demand arising from the activities or undertakings of the owner pursuant to this agreement or pursuant to its agreement with any contractor on the project. 24. EXTENT OF AGREEMENT. This agreement represents the entire and integrated agreement between the owner and the architect and supersedes all prior negotiations, representations or agreements, whether written or oral. This agreement may be amended only by written instrument signed by both owner and architect. 25. GOVERNING LAW. This agreement shall be governed by the law of the principal place of business of the architect. (12) 4 0 0 IN WITNESS WHEREOF the parties have executed this agree- ment the day and date first above written. CITY OF SAN JUAN CAPISTRANO ATTEST: Ml- /�.LLemal ,i • APPROVED AS TO FORM: 11 Y ATTORNEY (13) MICHAEL GRAVES ARCHITECT, P.A. By 44 / " (��" S • «- �i ATTEST: -e_'mA0'6 mjcgAv- CeAvE5 A0C44aE -T RA KAE'Er( V. WN'e 2ez MEMORANDUM January 6, 1981 TO: Kenneth E. Friess, Chairman, Library Committee FROM: Pamela Hallan, Administrative Assistant to City Manager SUBJECT: New Library Construction Costs and Funding Sources SITUATION: The following is a preliminary breakdown of costs and funding sources for the new library based on the committees' recommendation. Costs: * Site preparation and construction $1,021,000 * Landscaping $100,000 * Architectural fees (usually 8 to 10%) $100,000 Total $1,221,000 Funding Sources: * County contribution $800,000 * City's library fund $150,000 * Bookmarks Club $5,000 Total $955,000 Possible Funding Sources: * Community aesthetic fund * Civic center fund * Miscellaneous private foundations * Friends of the Library * Patrons * Parks and Recreation fund Page 2. It might.be possible to have the landscaping or particular elements of the library donated by private groups. Mr. Graves has indicated that there are patrons on the West Coast who may be willing to fund the interior art work and that he would use his contacts to assist in fundraising.. A partial list of foundations who might contribute is attached. I have not yet investigated the availability of government grants, but there might be funds available through energy -conservation programs as this is almost a passive solar structure and might lend itself to a solar design. Respectfully submitted, Pamela Hallan PH:pkw Attachment C j PARTIAL LIST OF FOUNDATION GRANT SOURCES National Endowment for the Arts Atlantic Richfield Foundation James Irvine Foundation Times Mirror Foundation Upjohn California Fund The Wattis' Foundation The Zellerback Family National Foundation for the Arts and Humanities Andrew l9. Mellon Foundation Corning Glass Works Foundation Alcoa Foundation United States Steel Foundation, Inc. 0 0 LIBRARY DESIGN COMPETITION - PRESENTATION (23) Written Communications: .1(52) Report dated January 6, 1981, from Kenneth E. Friess, Chairman, :,ibrary Architectural Review Committee, advising that the Committee recommended the design submitted by architect Michael Graves, as the winning entry in the public library design competition. Mr. Friess read a memo from Pam Hallan, member of the Review Committee, in support of the Committee recommendation. Michael Graves made an extensive slide and oral presentation of the architectural plans. Continuance to January 20, 1961: Council concurred that the item be rescheduled for the meeting of January 20th in order to allow members of the community to review the design prior to final action. Staff was requested to prepare definitive construction cost figures for Council review. Mayor Hausdorfer extended his appreciation to the members of the Committee for their service to the community and to Mr. Graves for the presentation. 0 AGENDA ITEM TO: James S. Mocalis, City Manager FROM: Ken Friess, Chairman Library Architectural Committee E January 6, 1981 SUBJECT: Library Design Competition - Selection of Architect The Library Architectural Review Committee is in the process of reviewing the three entries submitted as part of the library design competition. The Committee intends to meet on December 29th to formulate a recommendation. Subsequent to that meeting, an oral report will be submitted to the City Council at their meeting of January 6th. Res ectfully submitted, Kenneth E. Friess KEF:RB:lcl FOR CITY COUNCIL AGENDA ezet 0 AGENDA ITEM January 6, 1981 TO: City Council FROM: Kenneth E. Friess, Chairman Library Architectural Review Committee SUBJECT: Library Design Competition - Selection of Architect SITUATION The Library Architectural Review Committee, following an extensive, competitive, selection and review process which has attracted national interest and talent, is prepared to present its recommendation to the City Council. The Committee has selected the scheme by Michael Graves as the winning entry in the competition for the public library in San Juan Capistrano. This scheme has significant positive aspects. The design embodies the architectural essence of our community while maintaining its own identity. The fragile historical context of our community is maintained and it is a sympathetic neighbor to the Mission San Juan Capistrano. The proposed design is the most cost effective and the scheme also meets both current and future community needs. Additionally, the design by Mr. Graves enhances the community's architectural heritage and gives the library a sense of public importance. It is then with great pleasure and satisfaction that the Library Architectural Review Committee recommends that the City Council concur with their action and initiate negotiations with Mr. Graves for the final design and implementation of this important public building. Respectfully submitted, Kenneth E. Friess, Chair�fian� Library Architectural Review Committee KEF:lp FOR CITY COUNCIL AGENDA .. MICH >LL CRAVES ARCHITECT SAN JUAN CAPISTRANO - PUBLIC LIBRARY The building is sited, as is appropriate, we feel, not only for its use but also as a part of the urban fabric. We have located the building so that people using the library can enter from the most significant corner of the site, that of EI Camino Real. and Acjachema. We have established the entry to be level with grade so that people using wheel- chairs will have easy access to the building from EI Camino Reale. We have also established an automobile forecourt or turnaround on Acjachema, which not only will provide a place for automobiles to drop people at the front door but also will give access to the parking shared with the proposed Mission San Juan Capistrano. We have further proposed that Acjachema Street be closed to vehicular traffic beyond our proposed forecourt, as a new walk has been established on the former axis of the street to the entrance of the proposed San Juan Mission. We have also proposed landscape elements that help to provide con- nection between the mission parking lot and the mission entry. It is thought that this parking will be shared by the mission and the library, as the uses do not conflict in terms of the times that these two facilities will be open. Our building is organized around a courtyard which ties all the various activities of our building together into a unity provided by the form of the cortile and the light gained at its periphery. This court also allows us to make thematic subdivisions of the various primary internal uses required in the program. Quite generally, the adult section is established on the one face of the courtyard, the children's wing on the second, the auditorium on the third, and garden gazebos on the fourth. One enters the building on the south face, moving along a line which is established by light gained through an upper clerestory. The entrance lobby has a charge desk located on one side and the catalogue table located on the other. Con- tinuing along the axis established by the clerestory light, one finds the reference room, young adult area, and browsing/ lounge facing the courtyard on one side and the common stacks on the other., 34 Witherspoon Street Princeton Nev,, Jersey 08540 telephone 609-924-6409 The other major the children's the courtyard. of the library ing both south courtyard. • wing stemming from the entrance lobby is room, again located with visual access to The primary enclosed room of this section is a rotunda space for story telling, look - toward the new mission and north to the On the north side of the courtyard, one finds the auditor- ium with its lobby connecting to both the library proper and the outside, in order that people can gain access from EI Camino Reale, independent of the library. On the fourth, or west, side, we have established a series of small lattice gazebos as special places where one might take a book in some privacy. However, because of the gazebo orientation to the courtyard, one is still psychologically connected to the larger organization. The courtyard is marked by four cypress centering on a rather romantic stream of water which issues from the upper level of the site, organized around the auditorium forecourt pool. There is some symbolism intended in the "fall of the water" from the higher level to the courtyard "ground", as we as a society tend to make referential connections between arche- typal elements in nature and our invented literature. The sustenance of the water in a physical sense is, of course, akin to the sustenance provided by material held within the library itself. The building's configuration is such that we have established a series of light monitors to identify the various rooms held beneath them. Again, one is attempting to establish a relationship between nature and its light, and the place, its thematic text, and its identity. The building is colored and marked in such a way as to refer further to natural elements. 'The red clay the roofs, the light ochre walls, and the dark base are surfaces and color ranges not only found in nature but identified more locally with Southern California. It would be our intention to embellish the building further in a decorative way by both the early American and Latin tradi- tion of wall stenciling. Stenciling is a genuine decorative art which, it is felt, is entirely appropriate to the place, its use, and the economic considerations of this building. It would be hoped that the themes of literature could help establish the designs of such art work and that the discovery by the young of these elements and their thematic content would help engender connections between their place, this building, and society. We feel quite positively about the building's organization, unified by light and court, and, on the largest scale, we also feel that both the room and small collective of indi- viduals would feel "at home" in these spaces. And finally, special -attention has been paid, we feel, to the individual and the way that he might find solace or his own niche within the walls. MEMORANDUM TO: Mayor and City Council January 6, 1981 FROM: Pamela Hallan, Vice Chairman, Orange County Historic Commission SUBJECT: Library Selection SITUATION: Councilman Friess suggested that members of the Library Selection Committee might want to summarize the reasons why they voted for the Michael Graves design, rather than one of the other submittals. I am grateful for the opportunity to explain why I voted for the winning design. Sitting where I do in the City Manager's outer office, I have had an opportunity to hear comments of passers-by who view the library models. It would have been easy, therefore, to make a selection based on the "popular choice." I feel, however, that one must have the courage to stand up for what one believes, even if it might be unpopular, that one has the moral responsibility to make a decision based on one's professioal judgment. For that reason I voted for the building which I feel is best for San Juan Capistrano. Because I was selected for the Committee as a member of the Orange County Historical Commission, I felt that I should examine the buildings in terms of historical perspective and context. I believe the Graves design, unlike the others, will stand the test of time, will endure and will still be a landmark a hundred years from now. It is a strong enough building to hold its own on the same block as the Great Stone Church, yet it blends with its surroundings, reminding the viewer of the Mission. It is a strong architectural statement, having purpose and stature in its own right, yet complementing its environment. I felt the other two buildings were too weak in that context. A sense of place is very important for a building, and I believe the Graves design has a distinctive sense of place. The Moore building would blend nicely in the downtown where there are other 1930's Santa Barbara style buildings, but not here where the designs are taken from antiquity. Stern's was stronger, but still too weak for this corner. Cost, too, was a factor in my decision. While this is a more costly building, one is getting 4,000 more square feet. This is by far the most cost-effective building in that the cost per square foot is comparable to buildings of a smaller size. Some of the costs included (such as landscaping) might be offset through donations, some of the artwork intended for the interiors will be donated or offset by grants, plus there are foundations which donate funds for truly outstanding designs. Mr. Graves has the stature in his own time of a Frank Lloyd Wright. His work is very grant -fundable. 0 Page 2. 0 Finally, I voted for this design because I feel it will raise the level of consciousness of the public about architecture. The comment has been made that San Juan isn't ready for Michael Graves. His designs, while rooted in the past, are ahead of his time. Yet San Juan has a reputation for being innovative, creative, and never walking away from a controversy. Selecting this design will generate discussion. Like it or not, people will talk about it. I feel this is very important. This will be the first public building constructed by the City and it is fitting that it should be a landmark equal to the Mission. Thank you for letting me be a part of the selection process. Respectfully, Pamela Hallan PH:pkw r r !�t� a�c�rfii �irirrr, ��prGf �rc� t3- 00PASEO AOELANTO SAN JAP CAPISTRANO, CALIFORNIA 92673 \ }/r '• ^HONE 493.117, 7 97. 17,T November 30, 1981 Mr. Michael Graves Architect, P.A. 34 Witherspoon Street Princeton, New Jersey 08540 Re: Agreement for Architectural Services Dear Mr. Graves: Enclosed are the original and one copy of the revised Agreement for architectural services in conjunction with the library project. This Agreement supercedes the Agreement entered into between you and the City dated April 7, 1981. Please execute both copies of the Agreement and return the original to this office. The copy is for your files. In addition, please note that the City Council reaffirmed their prior action in determining that the project is to include the.concept that Acjachema Street would remain open to traffic until such time as traffic needs indicate otherwise. Thank you for your cooperation. Very truly yours, 12 z MARX ANN AfANOVER, CMC City Clerk MAH/na Enclosures cc: City Manager REOV'4Ec Jat+13 12 0-�?A,V cvvf e; SAN;lij,INO CAp;� Mayor Gary Hausdorfer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, Ca. •92675 Dear Mr. Mayor: a January 12, 1981 After having the opportunity to view the three models for your proposed city library, I am very pleased that the committee has chosen the design submitted by architect Michael Graves. The organization of space and a variety of architectural elements create a design that is functional and visually exciting. Perhaps most important is the design's sense of history. It has a feeling of timelessness in the expression of different aspects of Spanish architectural heritage. With its sensitive reference to the past and its attention to the present and its environment, a building like this is less apt to be fixed to a specific archi- tectural style and become outmoded. It will continue to have its meaning and value grow. This design is not a replica or a modernized rendition of Spanish architecture. Because of this it may prove difficult for some people to accept. Hopefully most citizens will allow their defi- nition of "Spanish architecture" to be expanded and will recoanize the educational and cultural value this this design offers. If I can be of any help in achieving this goal, please contact me. Sincerely, / - iXLt-ilk--fes-- Barbara Helton -Berg Q cc: The Daily Sun -Post M� x IA - -� Ka w • r a. ltCl od C��S.. • - *r+•str� ��C����� r• uG 1140L.11 136 kiW1?�D'A'f OF 1981 � San Juan Capistrano City Council C A P i 5 T R A N G 32400 Paseo Adelanto San Juan Capistrano, California 92675 Dear Council Members, On Tuesday evening January 13,1981, at the regular meeting of San Juan Beautiful Inc., Mr. Michael Porter of our city staff provided us with a very comprehensive program regarding the proposed new library. We feel this presentation was most beneficial because of the many inquiries we are exper- iencing from non -club members, regarding the committees choice for the proposed library. The slide presentation pointed out to all, the interior of the Graves plan is extremely adaptable for specific purposes. Especially pleasing are the multipurpose room, the large children's area and the many quiet reading areas. The Grave's interior plan we believe, satisfies the needs of our community in a very pleasing and artistic manner and also lends itself as being a functioning library. The proposed exterior design of the Grave's submittal does present an area of concern. The three gazebos and treillage elements seem to vie for atten- tion on both major elevations of the structure. We recommend these elements should be treated as a more integral part of the architecture and be blended with the basic structure through use of similar materials, textures and color. Due to the severity of this exterior design, landscaping should be definitely submitted before final approval. We sincerely hope you feel the comments contained in this letter are valid and that they will help you as we all realize the lasting effect this library will have on our city. We also would like to compliment Mr. Porter on his generous and gracious offer to give our group accurate and complete information as to why the Grave's concept was selected for the San Juan Capistrano Public Library. Sincerely, Margie Chard President cc: Tom Merrill t/ X .S/ufS I1 a_ 6 0 REOFIVE1 JAN 13 12 01? ?% V clv� OF OApHSTN0 January 12, 1981 Mayor Gary Hausdorfer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 Dear Mr. Mayor: After having the opportunity to view the three models for your proposed city library, I am very pleased that the committee has chosen the design submitted by architect Michael Graves. The organization of space and a variety of architectural elements create a design that is functional and visually exciting. Perhaps most important is the design's sense of history. It has a feeling of timelessness in the expression of different aspects of Spanish architectural heritage. With its sensitive reference to the past and its attention to the present and its environment, a building like this is less apt to be fixed to a specific archi- tectural style and become outmoded. It will continue to have its meaning and value grow. This design is not a replica or a modernized rendition of spanish architecture. Because of this it may prove difficult for some people to accept. Hopefully most citizens will allow their defi- nition of "Spanish architecture" to be expanded and will recognize the educational and cultural value this this design offers. If I can be of any help in achieving this goal, please contact me. Sincerely, Barba Helton -Berg �. cc: The Daily Sun -Post 1 i RECEIVE! JAN N 11 5801! ;ITY Or" SAN JW Mr. Ken Friess, i;APISTF City Councilman, City of San Juan Capistrano, Ca. 32100 Paseo Adelanto San Juan Capistrano, Ca. 92675 Dear Mr. Friess: 0 San Juan Capistrano, Ca. 1-9-81 I saw the picture of the new library in the News -Post, January 8, 1981 and disagree with the statement, "similar to Mission architachure".To me it appears like a penitentiary. Please vote no on the Library committee recommendation at your first opportunity. Respectfully yours, . , ig44L L4&� Riciard & Frad-er 31125 Via Cristal San Juan Capistrano, Ca. 92675 493-8240 Vi 6 PFC%AVa JAN (L () 58 AW , CITY �. SAN J CAPlS' Councilman Ken Friess, 32400 Paseo Adelanto, San Juan Capistrano, Ca. 92675 Dear Mr. Friess: • San Juan Capistrano, Ca. 1-9-81 Judging the new proposed library from the News -Post article, January 8, 19810 I foil that it is not in keeping with the San Juan Capistrano architecture. Please vote against the Graves scheme at your next meeting. I am in favor of a library but I'm opposed to the proposed plan. I'm sure many other citizens feel the same way. Respectfully yours, Betty 4tlley 31125 Via Cristal San Juan Capistrano, Ca. 92675 493-8240