16498.00150\32127016.1
AMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF FONTANA
AND
IDEATION DESIGN GOURP, LLC
1. Parties and Date.
This Amendment No. 1 to the Professional Services Agreement is made and entered into as of this 10th day of May, 2023, by and between the City of Fontana (“City”) and Ideation Design Group, LLC, a Limited Liability Company with its principal place of business at 4885 E Washington Street, Phoenix, Arizona 85034 (Cons ultant). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Consultant. The City and Consultant have entered into an agreement entitled “Professional Services Agreem ent SQ-47-DE-23” dated December 12, 2022 (“Agreement”) for the purpose of retaining the services of Consultant to provide Interior Design of Center Stage Theater Renovation Project.
2.2 Amendment Purpose . T he City and Consultant desire to amend the Agreement to revise the scope of services and increase the not-to exceed compensation amount.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3 of the Agreement.
3. Terms.
3.1 Amendment. Section 1 of the Agreement is hereby amended in its entirety to read as follows:
1. Services. Consultant shall provide the City with the services desc ribed in the Scope of Services attached hereto as Exhibit “A.”
3.2 Amendment. Section 2 of the Agreement is hereby amended in its entire ly to read as follows:
DocuSign Envelope ID: 82AD3873-9A18-4463-AD98-3840ACA96781 GROUP________
16498.00150\32127016.1
2. Compensation. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $209,300.00.
This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.
3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
[Signatures on Next Page]
DocuSign Envelope ID: 82AD3873-9A18-4463-AD98-3840ACA96781
16498.00150\32127016.1
SIGNATURE PAGE FOR AMENDMENT NO. 1
PROFESSIONAL SERVICES AGREEMENT SQ-47-DE-23
BETWEEN THE CITY OF FONTANA
AND IDEATION DESIGN GROUP, LLC.
CITY OF FONTANA
By:
Matthew C. Ballantyne
City Manager
IDEATION DESIGN GROUP, LLC.
By:
Attest:
By:
Germaine McClellan Key
City Clerk
By:
Phillip Burum
Deputy City Manager
Approved as to form:
Best Best & Krieger LLP
City Attorney
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES
___________________________________
Chief Financial Officer
Purchasing Office
DocuSign Envelope ID: 82AD3873-9A18-4463-AD98-3840ACA96781 Jennifer Reynolds
Principal
EXHIBIT "A"
Per our RFP submittal and subsequent award, the following is our understanding of the project.
P
hase I – Design Development:
Concept Development $12,000
Design Development Package $12,000
Statement of Probably Cost $2,500
Renderings $10,000
P
hase II – Construction Documents:
Interior Design Drawings $24,800
P
hase III:
Miscellaneous documents and confirmation of material orders $8,400 Ph
ase IV:
Installation & Construction Observation $8,400
C
onstruction Administration:
Construction Project Management $8,400
Site Visits (4) $7,200
R
FP award fee approved $93,700
T
he 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.
A
fter 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 O
ur 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.
DocuSign Envelope ID: 82AD3873-9A18-4463-AD98-3840ACA96781
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:
• E
quipment 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
CO
NSTRUCTION DOCUMENTS – INTERIOR DESIGN
• IDG’s Interior Design Construction Documents shall consist of the following:
• D
esign 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.
T
he following documents will be provided;
• C
over 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
DocuSign Envelope ID: 82AD3873-9A18-4463-AD98-3840ACA96781 • Electrical Engineering – Drawings, Details and Calculations • Plumbing Engineering – Drawings, Details and Calculations • Structural Engineering – Drawings, Details and Calculations • Mechanical Engineering - Drawings, Details and Calculations • Pr
ior 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 plan 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.
CO
NSTRUCTION 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
PRO
CUREMENT SERVICES
Per
our design brief, IDG can and will provide procurement for any FF&E under separate proposal.
EXCL
UDED SERVICES
The f
ollowing services are specifically excluded from this proposal:
• Aud
io 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 ST
ANDARD REIMBURSABLE EXPENSES
DocuSign Envelope ID: 82AD3873-9A18-4463-AD98-3840ACA96781
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
DocuSign Envelope ID: 82AD3873-9A18-4463-AD98-3840ACA96781 --------------
$109,800
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
T
ERMS
An
monthly invoice will be submitted for work completed per agreement with City of Fontana.
CO
DE COMPLIANCE
DocuSign Envelope ID: 82AD3873-9A18-4463-AD98-3840ACA96781 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2183 Agenda Date: 5/9/2023
Agenda #: O. Category: Consent Calendar
FROM:
Development Services
SUBJECT:
Approve amendment No. 1 to the Professional Services Agreement (SQ-47-DE-23) for Architecture and Interior Design Services (Stage Red)
RECOMMENDATION:
Approve and authorize the City Manager to execute Amendment No. 1 to a Professional Services Agreement (SQ-47-DE-23) with Ideation Design Group for architectural and Interior Design services for the renovation of stage RED in the amount of $115,600 for a total contract amount of $209,300.
COUNCIL GOALS:
· Invest in the City’sinfrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the city's infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.
DISCUSSION:
The City of Fontana has undertaken an expansive and comprehensive revitalization of Downtown Fontana. The specific geographic area to be targeted includes Upland Avenue to the North, Orange Avenue to the South, Mango Ave to the East and Juniper Ave to the West. A primary component of this revitalization effort will be creating an entertainment district as a draw for consumers to enjoy as they discover the new downtown area. Stage Red is the keystone to the creation of this new entertainment district for the city.
Ideation, working with city staff and Mr. Hagar, have designed a space that is not only unique to the region, but it will also be one its kind in the Western United States.
The City solicited proposals (SQ-47-DE-23) from qualified interior design and architectural firms to provide improvements for the renovation of Center Stage Theater (Stage Red). Ideation Design Group was originally awarded a contract in December 2022 for conceptual renderings, presentations, schematic design, and cost estimating of the project. This amendment will authorize the completion of construction drawings, including the structural and MEP engineering drawings and product specifications to facilitate the construction and procurement of the materials for the final phase of the project.
FISCAL IMPACT:
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DocuSign Envelope ID: 82AD3873-9A18-4463-AD98-3840ACA96781 File #: 21-2183 Agenda Date: 5/9/2023
Agenda #: O. Category: Consent Calendar
The Fiscal Impact associated with the approval of this item is $115,600, which is included in the FY 2022/23 budget. Costs will be funded by Fund 601 - Capital Reinvestment, project # 38300002 - Center Stage Theater Renovation.
MOTION:
Approve staff recommendation
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