April 27, 2023
Phillip Burnum
Deputy City Manager
City of Fontana
8353 Sierra Ave
Fontana, CA 92335
RE: Stage Red – A Sammy Hagar Venue – Fontana, California Dear Phil,
Ideation Design Group is thrilled to submit this agreement to provide services for Stage Red – A Sammy Hagar Venue located in Downtown Fontana, California.
Once we get started, our team will analyze and review the existing conditions of the space and from that, create the design for a new customer experience. We will work with you and your team from design and concepting all the way through construction.
Ideation Design Group specializes in restaurant, hospitality, and retail design. Our projects include tenant improvements in locations throughout the country and in South America. Our in- house design and architectural team allow us to provide services virtually anywhere while still providing personal touch and local sensibility.
Once you have had a chance to review the enclosed agreement , please let us know if we can answer any questions you may have.
Thank you for the opportunity.
Sincerely,
Jennifer Reynolds, NCIDQ
Principal
FEE AGREEMENT
Stage Red
April 27, 2023
Per our RFP submittal and subsequent award, the following is our understanding of the project.
Phase I – Design Development:
Concept Development $12,000
Design Development Package $12,000
Statement of Probably Cost $2,500
Renderings $10,000
Phase II – Construction Documents:
Interior Design Drawings $24,800
Phase III:
Miscellaneous documents and confirmation of material orders $8,400
Phase IV:
Installation & Construction Observation $8,400
Construction Administration:
Construction Project Management $8,400
Site Visits (4) $7,200
RFP award fee approved $93,700
The above award was per the RFP issued where the scope of work was conceptual and some basic pricing in Phase I. Phase II was for Interior Design Documentation – Plans and elevations to convey the design intent. Phase III, Phase IV and Construction Administration were geared to when construction began.
After the initial design direction was award, the following changes were directed:
• Adding 3 full service bars (One in Venue, One in lobby and One in Green Room) • Expanding the Upper Level VIP area to accommodate seating on that level. • Adding Foodservice Design to scope of work
• Adding Architectural Construction Documents to scope of work • Adding Mechanical, Electrical and Plumbing Engineering Documents to scope of work • Adding Structural Engineering Documents to scope of work • Adding Additional site visits / verifications to scope of work • Adding Additional Construction administration to scope of work
Our approach to this project is simple and true to our core beliefs. Any project large or small deserves the same kind of attention and detail. Therefore, we continue to work with what works. For this project , we recommend Programming/Pre-Design, Schematic Design, Construction Documents, Bid, and Construction Phases. Our team will work through these phases with you. All designs will be coordinated with The City of Fontana team as well as the Sammy Hagar team.
FEE AGREEMENT
Stage Red
April 27, 2023
PROGRAMMING/PRE-DESIGN
Architectural, plumbing, mechanical, structural and electrical site survey of observable areas of the location will be completed by the IDG team. The programming portion of this phase will include due diligence of jurisdictional requirements and an assessment of brand requirements . IDG Design team will also visit the site to review with the Sammy Hagar team and The City of Fontana team members for a kick off meeting.
CONSTRUCTION DOCUMENTS – FOODSERVICE
IDG’s Foodservice Construction Documents is limited to any additions of equipment or changes in equipment. Per our initial design calls, this work is minimal as the existing kitchen is functional.
Foodservice Construction Documents we would do shall consist of the following:
• Equipment Plan
• Equipment Schedule
• Electrical Rough In Plan
• Plumbing Rough In Plan
• Special Conditions Plan
• Equipment Elevations as required
• Performance Specifications in Book Form
• Equipment Cut Sheets in Book Form
CONSTRUCTION DOCUMENTS – INTERIOR DESIGN
• IDG’s Interior Design Construction Documents shall consist of the following:
• Design Presentation for Client and Landlord as needed • Floor Fixture Plan - Showing in detail all décor/theme elements • Floor Finish Plan and Specifications
• Reflected Ceiling and Lighting Plan and Specifications • Design, Theme and Millwork Details
• Material Finish Schedule and Specifications
• Furnishing Details and Specifications
• Graphic and Signage Drawings and Specifications
CONSTRUCTION DOCUMENTS - ARCHITECTURE and ENGINEERING
• IDG shall prepare a stamped set of Architecture and Engineering plans suitable for construction.
The following documents will be provided;
• Cover Sheet including Code Requirements, Key Plan and Vicinity Plan • Standard Performance Specifications and Finishes – In Drawing Sheets • Responsibility Schedule
• Dimensioned Floor Plan
• Floor Finish Plan
• Keyed Elevations and Sections Architectural Details
• Reflected Ceiling and Lighting Plan
FEE AGREEMENT
Stage Red
April 27, 2023
• Electrical Engineering – Drawings, Details and Calculations • Plumbing Engineering – Drawings, Details and Calculations • Structural Engineering – Drawings, Details and Calculations • Mechanical Engineering - Drawings, Details and Calculations
• Prior to plan distribution and permit submittal, drawings will be forwarded to Client for review and all comments shall be incorporated into submittal set of construction documents. • Drawings will then be sealed by a registered architect in the State of California • IDG will assist in submit ting sealed documents to local Authorities having Jurisdiction, utilizing a permit expeditor. Costs for permit expeditor will be assessed as a reimbursable expense. • IDG will revise the plans, as required, to comply with p lan check comments from all Authorities having Jurisdiction, including landlord, building and health department reviews. • IDG will assist client in preparation of bid documents. Division one documents and any instruction to bidders to be provided by Client.
• Upon request, IDG will assist Client with review of and leveling bids from General Contractors.
CONSTRUCTION SUPPORT SERVICES - IDG will provide limited Construction Support Services which shall include:
• Answer GC’s RFIs
• Issue construction bulleting, sketches, and ASI’s
• Review shop drawings
• Review contractor as-builts
• Site visits upon request at $1500 per diem plus reimbursable expenses. We have assumed 6 total visits
PROCUREMENT SERVICES
Per our design brief, IDG can and will provide procurement for any FF&E under separate proposal.
EXCLUDED SERVICES
The following services are specifically excluded from this proposal:
• Audio Visual Design
• Stage / Theater Lighting Design
• Acoustical Engineering
• Stage Design
• Fire Sprinkler Design and Life Safety Engineering
• Municipality Fees for Plan Checks
• Non-standard reimbursables (see list below of standard reimbursables) • LEED Documentation, Submittal
• Commissioning
• Permit Expediting
• Any further design presentation materials beyond those in original RFP
STANDARD REIMBURSABLE EXPENSES
FEE AGREEMENT
Stage Red
April 27, 2023
In addition to the Fixed Fee above, certain out of pocket expenses shall be reimbursed to IDG at a rate of
1.1 times actual expenses and is due upon receipt of invoice by IDG. The following is a list of standard reimbursable expenses
• Plotting and Printing
• Airfare and Lodging
• Rental Car and Fuel
• Shipping and Delivery
• Permit expeditor
COMPENSATION
IDG proposes to provide all work as specified for a fixed fee of:
RFP AWARD SCOPE OF WORK FEE COMPLETE CONCEPT DEVELOPMENT $12,000 100% DESIGN DEVELOPMENT $12,000 100% STATEMENT OF PROBABLY COST $2,500 100% RENDERINGS $10,000 100% INTERIOR DESIGN DRAWINGS $24,800 10% MISCELLANEOUS DOCUMENTS/ORDERS $8,400 0% INSTALLATION / OBSERVATION $8,400 0% CONSTRUCTION OBSERVATION $8,400 0% SITE VISITS (4) $7,200 100%
TOTAL FEE $93,700
ADDITIONAL SCOPE
CREATION OF CAD DRAWINGS FROM PDF $4,900
CITY COUNCIL PRESENTATION $3,000
ADDITIONAL RENDERINGS (2 @ $1250 EA) $2,500
CONSTRUCTION DOCUMENTS $100,600
INTERIOR DESIGN $13,800
FOODSERVICE $12,000
ARCHITECTURE $48,800
MEP ENGINEERING $35,500
STRUCTURAL ENGINEERING $22,400
CONSTRUCTION SUPPORT $13,800
ADDITIONAL SITE VISITS $10,200
CREDIT FOR LINE ITEMS 6,7,8 ABOVE -$25,200
TOTAL FEE $109,8000
FEE AGREEMENT
Stage Red
April 27, 2023
BUILDING EXTERIOR DESIGN STUDIES
SCHEMATIC DESIGN (COLORS & ELEVATIONS) $3,400.00
RENDERING $2,400.00
TOTAL FEE $5,800.00
TERMS
An monthly invoice will be submitted for work completed per agreement with City of Fontana.
CODE COMPLIANCE
IDG shall put forth reasonable professional efforts to comply with applicable laws, codes and regulations in effect as of October 1, 2021. Design changes made necessary by newly enacted laws, codes and regulations after this date may entitle IDG to reasonable adjustment in schedule and compensation
In the event of a conflict between laws, codes and regulations of the various governmental entities having jurisdiction over this Project, IDG shall notify the Client of the nature of the impact of such conflict. Client agrees to cooperate and work with IDG in an effort to resolve this conflict.
ADA COMPLIANCE
The American with Disabilities Act (ADA) provides that it is a violation of the ADA to design and construct a facility that does not meet the accessibility and usability requirements of the ADA unless it can be demonstrated that it is structurally impractical to meet such requirements. The Client understands that the requirements of the ADA will be subject to various and possibly contradictory interpretations. IDG therefore, will use its reasonable professional efforts and judgment to interpret applicable ADA requirements and other federal, state and local laws, rules codes, ordinances and regulations as they apply to the Project. IDG however, cannot and does not warrant or guarantee that the Client’s Project will comply with all interpretations of ADA requirements and/or requirements of other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the Project.
PERMITS AND APPROVALS
If required, IDG shall assist the Client in applying for those permits and approvals normally required by law for projects similar to the one for which IDG’s services are being engaged. This assistance shall consist of completing and submitting forms to the appropriate regulatory agencies having jurisdiction over the construction documents, and other services normally provided by IDG and included in the scope of Basic Services of the Agreement.
PUBLIC RESPONSIBILITY
Both the Client and IDG owe a duty of care to the public that requires them to conform to applicable codes, standards, regulations and ordinances, principally to protect the public health and safety. The Client shall make no request of IDG that, in IDG’s reasonable opinion, would be contrary to IDG’s professional responsibilities to protect the public. The Client shall take all action and render all reports required of the Client in a timely manner. Should the Client fail to take any required actions or render any required notices to appropriate public authorities in a timely manner, the Client agrees IDG has the right to exercise its professional judgment in reporting to appropriate public officials or taking other necessary action. The
FEE AGREEMENT
Stage Red
April 27, 2023
Client agrees to take no action against or attempt to hold IDG liable in any way for carrying out what IDG reasonably believes to be its public responsibility.
CHANGED CONDITIONS
If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to IDG are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks or other material terms of this Agreement, IDG may call for renegotiation of appropriate portions of this Agreement.
IDG shall notify the Client of the changed conditions necessitating renegotiation, and IDG and the Client shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the Termination provision hereof.
EXECUTION OF DOCUMENTS
IDG shall not be required to execute any documents subsequent to the signing of this Agreement that in any way might, in the sole judgment of IDG, increase IDG’s risk or the availability or cost of its professional or general liability insurance.
DEFECTS IN SERVICE
The Client shall promptly report to IDG any defects or suspected defects in IDG’s s ervices of which the Client becomes aware, so that IDG may take measures to minimize the consequences of such a defect.
The Client further agrees to impose a similar notification requirement on all contractors in its Client/Contractor contract and shall require all subcontracts at any level to contain a like requirement.
Failure by the Client and the Client’s contractors or subcontractors to notify IDG shall relieve IDG of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given when such defects were first discovered.
DELAYS
The Client agrees that IDG is not responsible for damages arising directly or indirectly from any delays for causes beyond IDG’s control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters; fires, riots, war or other emergencies or acts of God; failure of any government agency to act in timely manner; failure of performance by the Client or the Client’s contractors or consultants; or discovery of any hazardous substances or differing site conditions. In addition, if the delays resulting from any such causes increase the cost or time required by IDG to perform its serv ices in an orderly and efficient manner, IDG shall be entitled to an equitable adjustment in schedule and/or compensation.
UNAUTHORIZED CHANGES
In the event the Client, the Client’s contractors or subcontractors, or anyone for whom the Client is legally liable makes or permits to be made any changes to any reports, plans, specifications or other construction documents prepared by IDG without obtaining IDG’s prior written consent, the client shall assume full responsibility for the results of such changes. Therefore, the Client agrees to waive any claim against IDG and to release IDG from any liability arising directly or indirectly from such changes.
In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless IDG from any damages, liabilities or costs, including reasonable attorneys’ fees and cost of defense, arising from such changes.
FEE AGREEMENT
Stage Red
April 27, 2023
In addition, the Client agrees to include in any contracts for construction appropriate language that prohibits the Contractor or any subcontractors of any tier from making any changes or modifications to IDG’s construction documents without the prior written approval of IDG and that further requires IDG to indemnify both IDG and the Client from any liability or cost arising from such changes made without such proper authorization.
TERMINATION
In the event of termination of this Agreement by either party, the Client shall within fifteen (15) calendar days of termination; pay IDG for all services rendered and all reimbursable costs incurred by IDG up to the date of termination, in accordance with the payment provisions of this Agreement.
The Client may terminate this Agreement for the Client’s convenience and without cause upon giving IDG not less than seven (7) calendar days’ written notice.
Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for any of the following reasons:
• Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party;
• Assignment of this Agreement or transfer of the Project by either party to any other entity without the prior written consent of the other party;
• Suspension of the Project or IDG’s services by the Client for more than ninety (90) calendar days, consecutive or in the aggregate;
• Material changes in the conditions under which this Agreement was entered into, the Scope of Services or the nature of the Project, and in the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes.
In the event of any termination that is not the fault of IDG, the Client shall pay ID G, in addition to payment for services rendered and reimbursable costs incurred for all expenses by IDG in connection with the orderly termination of this Agreement, including but not limited to demobilization, reassignment of personnel, associated overhead costs and all other expenses directly resulting from the termination.
LIMITATION OF LIABILITY
In recognition of the relative risks and benefits of the project to both the Client and IDG, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of IDG to the Client for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and costs and expert – witness fees and costs, so that the total aggregate liability of IDG to the Client shall not exceed $ 50,000.00, or IDG’s total fee for services rendered on this Project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.
MEDIATION
To resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the Client and IDG agree that all disputes between them arising out of or relating got this Agreement or the Project shall be s ubmitted to nonbinding mediation unless the parties mutually agree otherwise.
FEE AGREEMENT
Stage Red
April 27, 2023
The Client and IDG further agree to include a similar mediation provision in all agreements with independent contractors and consultants also to include a similar mediation prov ision in all agreements with their subcontractors, sub consultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between the parties to all those agreements.
ATTORNEY FEES
In the event of any liti gation arising from or related to this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non- prevailing party all reasonable costs incurred, including staff time, court costs, attorneys’ fees and all other related expenses in such litigation.
ASSIGNMENT
Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent of the other party. Subcontracting to sub consultants normally contemplated by IDG shall not be considered an assignment for the purposes of this Agreement.
FEE AGREEMENT
Stage Red
April 27, 2023
This Agreement for Architectural Services shall be bound by the Laws and Statutes of the State of Arizona.
By:
Jennifer Reynolds, NCIDQ
Principal
Agreed to By:
Date: