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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 �4M�:dh