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.
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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.
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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
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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.
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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
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t3- 00PASEO AOELANTO
SAN JAP CAPISTRANO, CALIFORNIA 92673
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'• ^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
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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
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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
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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