1988-0620_GRAVES, MICHAEL_AgreementAGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is made and entered into this 20th day of
June , 1988, by and between THE CITY OF SAN JUAN CAPISTRANO,
hereinafter referred to as "City", and MICHAEL GRAVES, ARCHITECT, P.A., a New
Jersey professional corporation, hereinafter referred to as "Consultant"
W I T N E S S E T H
WHEREAS, City requires consulting services for the project described
as follows: SAN JUAN CAPISTRANO LIBRARY EXPANSION, and
WHEREAS, Consultant represents that it is duly qualified to provide
said service,
NOW, THEREFORE, City and Consultant, for the consideration hereinafter
named, agree as follows:
Subject to the terms and conditions of this Agreement, Consultant
shall perform the tasks as set forth In Exhibit A. attached and incorporated
herein by reference.
During the performance of the above tasks, Consultant shall have
access to existing data in City files and City shall provide copies of any
such data Consultant requests at no cost to Consultant.
The services provided under this Agreement shall begin upon execution
of this Agreement by all parties. The services provided under this Agreement
other than Construction Phase services shall be completed on or before June
30, 1988.
Payments under this Agreement shall be as follows: For architectural
design services, structural engineering services and mechanlcal/electrical
services (performance specifications only), a lump sum of $15,500 plus
reimbursable expenses. Compensation for construction phase services wlII be
hourly billings to an upset limit of $3,000 plus reimbursable expenses.
Reimbursable expenses will be billed at a multiple of 1.1 times cost of
expense.
9 •
Three (3) copies of itemized bills, clearly indicating the period for
which the billing is made, and including dates on which expenses (except costs
for reproduction) were incurred, shall be submitted to: City of San Juan
Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California 92675.
The Consultant, upon the City's approval, shall retain the services of
subconsultants who may be required for the Project, including but not limited
to, Lighting Consultant, Hardware Consultant, and Security Consultant. The
scope of such work and accompanying compensation shall be agreed by City and
Consultant as the project proceeds. Such compensation shall be in addition to
the Basic Services fees of the Consultant as otherwise provided in this
Agreement. In retaining the services of subconsultants, the Consultant
understands that the City would like to limit the combined Consultant's and
subconsultant's fees to $20,000, exclusive of reimbursable expenses.
Consultant warrants that he has not employed or retained any company
or person, other than a bona fide employee working for Consultant, to solicit
or secure this Agreement, that he has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift or any other consideration, contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this
warranty, City shall have the right to annul this Agreement without liability,
or, as its sole discretion, to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
Drawings and specifications as instruments of service are and shall
remain the property of the Consultant whether the project for which they are
made is executed or not. They are not to be used by the City or Consultant 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 Consultant in the performance of this Agreement shall be the
sole property of the Consultant and the Consultant 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.
The Architect shall provide the Owner, at no expense to the Owner,
with one (1) set of reproducible drawings, specifications and other Contract
Documents required by this Agreement, to be prepared by the Architect and
submitted for the Owner's approval.
No additional fee shall be paid by City for additional consulting
services not included in this Agreement without the written approval of the
City prior to undertaking such work. In the event of suspension of project by
City, Consultant shall have the right to renegotiate fees if delay is greater
than six (6) months.
City may, without cause, terminate this Agreement at any time prior to
completion by Consultant of any of the services required hereunder. Notice of
Termination of this Agreement shall be given in writing to Consultant, and
shall be sufficient to complete when same is deposited In the U.S. Mall, first
class postage prepaid.
In the event this Agreement is terminated by City, Consultant shall be
paid the value of services performed by him pursuant to this Agreement prior
to the date of termination thereof, such value to be the total to which he
shall have become entitled, as determined by the Public Works Director, less
the amount of any payments previously made, but in no event exceeding the
maximum contract amount stated in SECTION 3.
Neither any part nor all of this Agreement may be assigned or
subcontracted, except as otherwise specifically provided herein, or to which
City, in its sole discretion, consents to in advance thereof in writing. Any
assignment or subcontracting in violation of this provision shall be void.
Consultant shall maintain all books, documents, papers, employee time
sheets, accounting records and other evidence pertaining to costs Incurred and
shall make such materials available at their respective offices at all
reasonable times during the contract period and for three (3) years from the
date of final payment under this Agreement, for inspection by City and copies
thereof shall be furnished, if requested.
At all times during the term of this Agreement, Consultant shall be an
independent contractor and shall not be an employee of City. City shall have
the right to control Consultant only insofar as the results of Consultant's
services rendered pursuant to this Agreement; however, City shall not have the
right to control the means by which Consultant accomplishes services rendered
pursuant to this Agreement.
Consultant represents and warrants to City that he has all licenses,
permits, qualifications and approvals of whatever nature that are legally
required to practice his profession. Consultant represents and warrants to
City that Consultant shall, at his sole cost and expense, keep in effect at
all times during the term of this Agreement, any license, permit or approval
which is legally required for Consultant to practice his profession.
Except as City may specify in writing, Consultant shall have no
authority, expressed or implied, to act on behalf of City in any capacity
whatsoever as an agent. Consultant shall have no authority, expressed or
implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Consultant agrees to assign the following person/persons to perform
the tasks set forth in this Agreement:
(To be designated at a later time.)
Consultant shall not unilaterally alter the assignment of the above
personnel without the authorization of the Assistant City Manager.
City shall have the unrestricted right to order the removal of any
person/persons assigned by Consultant by giving oral or written notice to
Consultant to such effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
the day and year first hereinabove written.
CONSULTANT: MICHAEL GRAVES, ARCHITECT, P.A.
By:
Michael Graves, President
CITY: CITY OF SAN JUAN CAPISTRA
By:
Stephen . Jullan, ty Manager
APPROVED ASORM: �'t�
By: (� Z1{nL
John 4 Shaw, City Attorney
EXHIBIT A
(Scope of Tasks)
The scope of work involved in this contract involves architectural and
interior design services for a 1000 to 1300 square foot addition to the San
Juan Capistrano Library facility. The addition would provide a small exhibit
and study hall which would possibly include a small amount of office space
(150 to 250 square feet) and would be located in the gazebo area on the west
side of the courtyard. The initial use of the addition will be to house the
Mel Martin Collection of museum quality antique furniture.
Basic Architectural Services will include a Schematic Design phase and
combined Design Development/Construction Documents phase. The Schematic
Design phase will consist of drawings Illustrating the size, architectural
character and relationship of the program documents.
The Design Development/Construction Documents phase will consist of drawings
and specifications describing in detail the requirements for the construction
of the architectural and structural systems of the Addition. The building
will conform to the Uniform Building Code. The design will be wood frame,
stucco construction similar to the existing facility.
The mechanical and electrical systems will be described by performance
specifications. An air conditioning and humidity control system will be
necessary to provide a satisfactory environment for collections of rare art.
A flexible exhibit type lighting system (which can accommodate light sensitive
pieces of art) will also be necessary so that the facility can be utilized for
a variety of exhibits. The mechanical, electrical and fire protection system
will be built on a design/build basis. Design services for security systems
will be provided to insure a secure environment for the pieces of art, with
the minimum requirement being the installation of an alarm system. In
accordance to Uniform Building Codes, the location of diffusers, air return
grilles, sprinkler head locations and such other mechanical, electrical and
fire protection system devices will be controlled which are visible in floors,
walls, and ceilings.
Basic Services for interior design will consist of selection of floor, wall,
and ceiling finishes, the design of ambient lighting, which includes fixture
selection and location, and the design of built in reception counters.
Basic Services sitework shall include preparing a single landscape and site
improvement plan drawing of the area immediately adjacent to the Addition
perimeter and detail design drawings of any site improvement structures. The
site engineering work, landscaping work and site improvements will be done on
a design/build basis. As an Additional Service, the Architect will design
furniture for the building, exhibit display cases and/or select furniture
systems.
C�
4. SET
Written Communications:
Report dated September 29, 1987, from the .Assistant City .Manager, advising that
the City had not received a response to its final offer regarding acquisition of the
San Diego Gas and Electric Company-owned street lights and it was now appropriate
to set a Public Hearing date to consider authorizing eminent domain proceedings.
The report forwarded a Notice of Intent, which set a Public Hearing date for the
meeting of October 20th, defined the conditions for the resolution of intent, set a
15 -day filing period for SDG&E to submit a written request to appear and object to
the resolution, and included a description of the properties to be acquired. The
report advised that to obtain possession through eminent domain proceedings, the
City would be required to deposit with the court an amount equal to the appraised
value of the street lights, or $32,000.
Approval of Notice of Intent:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried to approve the Notice of Intent for forwarding to San Diego Gas
and Electric Company.
DISCUSSION REGARDING REPLICA GUN ORDINANCE (585.10)
Written Communications:
Report dated September 29, 1987, from the City Manager, forwarding an ordinance
adopted by the County which makes it a misdemeanor to draw, exhibit or brandish a
replica firearm in a rude, angry, or threatening manner. The report advised that the
County Sheriff's office had requested that the City adopt a similar ordinance.
Direction to Prepare Ordinance:
R was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and
unanimously carried to direct staff to prepare an ordinance regarding the
brandishing or threatening display of replica firearms.
CITY CLERK
FEE SCHEDULE - MUNICIPAL CODE AND GENERAL PLAN DOCUMENTS (180.20)
Written Communications:
Report dated September 29, 1987, from the City Clerk, advising that since the
Municipal Code had been reformatted and the General Plan had been reprinted, it
was necessary to amend the Fee Schedule Resolution. The changes in purchase
prices represented the cost to the City of providing the documents.
Approval of Amended Fee Schedule:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that
the following Resolution be adopted:
-10-
9/29/87
2.
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
The Resolution requested that the Westside annexation be detached from the Laguna
Niguel Community Services District.
ICES FOR SAN
Written Communications:
Report dated September 29, 1987, from the City Manager, advising that $100,000
had been allocated in the 1987-88 Capital Improvement Budget to construct an
addition to the existing library to provide a small exhibit and study hall. The report
recommended that Michael Graves be selected to design the addition based on
concern for architectural continuity.
Selection of Michael Graves:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to select Michael Graves of Princeton, New Jersey, to design
the San Juan Capistrano library expansion and to authorize staff to prepare a
contract for architectural services.
3. P
Written Communications:
Report dated September 29, 1987, from the City 'Manager, advising that the League
of California Cities Transportation Super Committee had completed its
responsibility to analyze and prioritize transportation projects in each of the Orange
County cities. The Committee had prepared a video program providing discussion of
the issues, process, and recommendations studied. The video was designed for
viewing through cable television systems and provided an opportunity for each city
to individualize the presentation. The League of California Cities had requested
that each city contribute to the costs for production of the video. Funds are
available in Account 01-6282-4110.
Approval of Contribution:
It was moved by Councilman Schwartze, seconded by Councilman Friess and
unanimously carried to approve the contribution to the Transportation Super
Committee video tape program in the amount of $500. Staff was authorized to
forward a letter and funds to the Committee.
-9-
9/29/87
AGENDA ITEM
TO: Honorable Mayor and City Council
FROM: Stephen B. Julian, City Manager
U
September 29, 1987
SUBJECT: Architectural Services for San Juan Capistrano Library
Expansion
SITUATION:
In the 1987-.88 Capital Improvement Budget the City has allocated $100,000
for the design and construction of an addition to the existing library. The
purpose of the addition would be to provide a small exhibit and study hall.
The initial use would be to house the Mel Martin Collection of museum
quality antique furniture which is being donated to Libros Y Artes.
In order to accomplish this addition to the library and continue the
architectural continuity staff has contacted Michael Graves, the library
architect, regarding a proposal for designing the project. Mr. Graves
submitted a proposal that, after review, is within the proposed budget for
the project. Based on the concern for architectural continuity, it is
recommended that the City Council make the selection of Michael Graves
to design the addition to the library.
COMMISSION/BOARD REVIEW & RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
Financing was approved in the 1987-88 Capital Improvement Budget for the
library expansion. $20,000 for design and $80,000 for construction.
NOTIFICATION:
Letter to Michael Graves notifying him of selection and the need to
prepare a contract agreement.
ALTERNATE ACTIONS:
1. City Council select Michael Graves of Princeton, New Jersey, to
design the San Juan Capistrano library expansion and authorize staff
to prepare a contract for architectural services.
2. Seek Request For Proposals (RFP) from other architects.
3. Request further information.
PCB�M ITEM
San Juan Capistrano
Page 2
RECOMMENDATION -
Library Expansion
0
Septerrher 29, 1987
City Council select Michael Graves of Princeton, New Jersey, to design the
San Juan Capistrano library expansion and authorize staff to prepare a
contract for architectural services.
Respectfully submitted;
iStephen B. Juli
SBJ:lbh
01CHAEL GRAVES
ARCHITECT
July 17, 1987
Mr. Stephen B. Julian
City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Dear Mr. Julian:
8726/3.2
We are pleased to submit the following proposal for professional services for
the San Juan Capistrano Library Addition. The Library project has been one of
Michael's favorite commissions and he Is extremely pleased that we will resume
our past professional relationship In the design of the building to house the
Mel Martin collection.
In your letter of June 5. 1987 you requested an estimate of project cost. We
have not been involved in a building of this nature or construction type in
California recently, however, we would expect that the building shell, equal
in quality of construction, materials and finishes of the existing Library,
could be constructed for approximately $85 to $95 per square foot. We suggest
that a cost estimate be performed at the completion of Schematic Design In
order to establish a construction estimate based on current market figures.
The enclosed proposal serves to outline our understanding of the project scope
and terms of agreement which would be confirmed with the AIA B141 Standard
Form of Agreement upon your review and approval.
Please call me if you have any questions about the proposal. We look forward
to starting work with you.
truly yours
Pricco
JP: Imb
Enclosure
cc: M. Graves
K. Nichols
341 NASSAU 5TREET
PRINCETON, NEW JERSEY o&.w
TELEPHONE 609 924 04LV
J U L 2 0 $82
ICHAELL GRAVES
ARCHITECT
PROPOSAL FOR DESIGN SERVICES
DATE: July 15. 1987
PROJECT: San Juan Capistrano Library Addition
PROJECT NO.: 8726
SUBMITTED BY: James Pricco, Project Manager
SUBMITTED TO: Stephen B. Julian
City Manager
City of San Juan Capistrano, California
SCOPE OF WORK: Architectural and Interior design services and engineering
design services for an addition to the existing Library based
on the program outlined in City of San Juan Capistrano's
letter dated June 5, 1987, attached herein.
Basic Architectural Services will Include a Schematic Design
phase and combined Design Development/Construction Documents
phase. The Schematic Design phase will consist of drawings
Illustrating the size, architectural character and relation—
ship of the program components.
The Design Development/Construction Documents phase will con—
sist of drawings and specifications describing in detail the
requirements for the construction of the architectural and
structural systems of the Addition. The mechanical and
electrical systems will be described by performance
specifications. It is our recommendation that the
mechanical, electrical and fire protection system be
contracted on a design/build basis. We shall, however,
control, in accordance with local codes, the location of
diffusers, air return grilles, sprinkler head locations and
such other mechanical, electrical and fire protection system
devices which are visable in floors, walls or ceilings.
Basic Services for interior design will consist of selection
of floor wall and ceiling finishes, the design of ambient
lighting, which includes fixture selection and location, and
the design of built in reception counters.
Basic Services sitework shall Include preparing a single
landscape and site improvement plan drawing of the area
immediately adjacent to the Addition perimeter and detail
design drawings of any site improvement structures. Again,
we recommend that site engineering work, landscape work and
site improvements be done on a design/build basis.
341 NASSAU STREET
PRINCETON, NEW IERSEY M40
TELEPHONE6 9240404
0 0
As an Additional Service hereby authorized, we will design
furniture for the building, exhibit display cases and/or
select furniture systems. Also as an Additional Service,
If requested, we will provide design services for security
systems, exhibit lighting, and cost estimating services which
are not included In either the Schematic Design phase or
Design Development/Construction Document phase.
FEE: Basis of compensation for architectural design services,
structural engineering services and mechanical/electrical
services (performance specifications only) will be a lump
sum of $15,500 plus reimbursable expenses. Compensation for
construction phase services will be hourly billings to an
upset limit of $3,000 plus reimbursable expenses.
Reimbursable expenses will be billed at a multiple of 1.1
times cost of expense and include such items as reproduction
services, photocopying, postage, messenger and delivery
services, long distance telephone charges, mileage, parking,
travel expenses, transportation charges and tolls.
TIME: Project will commence to meet general schedule mentioned in
City of San Juan Capistrano letter of June 5, 1987. If design
services are not commenced within 120 days of the date of this
proposal, the fee is entitled to be reviewed and adjusted.
PAYMENT: Payment will be made upon submission of monthly invoices.
Pricco
t Manager
I Graves, Architect
%w �A�
Karen Nichols Stephen B. Julian
Senior Associate City Manager
Michael Graves. Architect City of San Juan Capistrano
Date
'Al
1961
1776
October 6, 1987
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. SUCH HEIM
KENNETH E. FR ESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN R JULIAN
Michael Graves, Architect
341 Nassau Street
Princeton, New Jersey 08540
Re: Architectural Services for San Juan Capistrano Library Expansion
Dear Mr. Graves:
The City Council of the City of San Juan Capistrano at its regular meeting held
September 29, 1987, selected you to design the San Juan Capistrano Library expansion
and authorized staff to prepare a contract for architectural services.
Jeff Parker, of the City Manager's staff, will be in contact with you regarding the
contract.
Thank you for your cooperation. If we can be of further assistance, please call.
Very truly yours,
Mary Ann Hanover, CMC
City Clerk
MAH/mac
cc: City Manager
Emily Jackson, Orange County Library
Libros y Artes
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
MEMORANDUM
TO: Mary Ann Hanover, City Clerk
0
May 18, 1988
FROM: Jennifer M. Williams, Senior Management Assistant
SUBJECT: Addition to Mailing List - Library Expansion Project
7 I#Q`7
Ms. Emily Jackson, San Juan Capistrano Branch Librarian, has requested
that the Orange County Librarian receive notice of any public meetings or
hearings regarding the proposed expansion of the San Juan Capistrano
Branch Library. Presently the Branch Library is receiving this notification,
but direct notification of the County Librarian will assist County staff in
keeping abreast of developments pertaining to this project. Therefore,
please add the following to your notification list for the library expansion:
Ms. Elizabeth Martinez -Smith
Orange County Librarian
431 City Drive South
Orange, CA 92668-9990
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