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CC – Item 4E – Staff Report – Approval of Entertainment Permit for Café Givral • M E • R• R fr / , stat f.eport TO: HONORABLE MAYOR AND MEMBERS ROSEMEADROCITY COUNCIL FROM: 1 t,/ 1•RANK G. TRIPEPI,CITY MANAGER DATE: NOVEMBER 18, 1997 RE: APPROVAL OF ENTERTAINMENT PERMIT FOR CAFE GIVRAL, 9008 GARVEY AVENUE,4E Pursuant to the Rosemead Municipal Code,an Administrative Hearing was held on November 4, 1997 regarding the approval of an Entertainment Permit for Cafe Givral,9008 Garvey Avenue,4E. This establishment is a cafe serving non-alcoholic beverages. The owner wishes to allow customers to sing with a "karaokc"machine. The requested hours for the Cafe will be Monday through Sunday, 8:00 am. to 12:00 a.m.,with entertainment from 9:00 p.m. to 12:00 a.m. Staff is recommending approval of the Entertainment Permit contingent upon the attached conditions. Attached for your information arc the following items: 1. List of Conditions. 2. Copy of the Sheriffs Department License Detail Investigator's report. 3. Copy of the minutes of the Administrative Hearing on November 4, 1997. RECOMMENDATION It is recommended that the Rosemead City Council grant an Entertainment Permit to Cafe Givral, 9008 Garvey Avenue,4E. FGT:js Attachments COUNCIL AGENDA NOV 2 51997 E ITEM No. �C LCS ANGELES COUNTY SHERIFF'S DEPARTMENT RECOMMENDED BUSINESS LICENSE CONDITIONS FOR CAFE GIVRAL 9008 EAST GARVEY AVENUE #E ROSEMEAD, CALIFORNIA 91770 1. The entire premises is subject to inspection by the Sheriff's Department at anytime. Any locked or otherwise secured doors will be opened upon request: Any keys or combinations necessary to comply with this condition will be maintained on the premises at all times. 2. The floor plan and/or the room use will not change without prior approval of the Sheriff's License Detail and the City. 3. In addition to "Entertainment Manager" requirements per city law, a "Responsible Person" will be present on the premises at all times while the business is open. This management designated "responsible person" will be a minimum twenty one (21) years of age, possess a valid California (DMV) identification and must be able to effectively communicate with any city regulatory official (i.e. Sheriff, Fire, Health, building, Lode enforcement, etc.). Upon arrival of such city regulatory official the. responsible person will immediately introduce himself and comply with any official requests. 4. The licensee will strictly comply at all times with the most recent security plan approved by the Sheriff's License Detail. This security plan may be changed as deemed necessary by the Sheriff's License Detail. 5. The front door will remain unlocked at all times during business hours or customers are inside the business. 6. The licensee will maintain a video camera and a video cassette (VHS) recorder for the purposes of recording all persons entering the premises. The recording will include the correct date/time. The recorded product quality will be subject to approval by the Sheriff's License Detail. The equipment will be maintained in good working order at all times. The recording hours will be from 8:00 p.m. to closing time seven days a week. The videotapes will not be re-used for thirty (30) days. The recorded videotapes will be given to the Sheriff's Department immediately upon request. 7. No person nay loiter or linger in front of the business. 8. No other regulated business activity will occur on the premises without prior approval of the Sheriff's License Detail and the City. 9. The operating hours of the cafe will be 8:00 a.m. to 12:00 a.m. seven days. The entertainment hours will be 9:00 p.m. to 12:00 a.m. seven days. 10. If the licensee is aware-that any incidents involving assault, drugs, sex crimes and/or weapdns have occured on the premises (including the entire commercial center property). The licensee or their representative will report thses incidents to the Sheriff's Department. The licensee and his staff will cooperate with any investigations. 11. No widow tint or any view obscuring material will be used on the front windows and doors. 12. No alcoholic beverages of any kind (including "near beer") will exist on the premises at anytime. Any customer discovered to possess any alcoholic beverages will be asked to leave the premises immediately. Any such incidents will be documented by date and time. Such documentation will be given to the Sheriff's Department immediately upon demand. 13. No smoking inside premises, Comply with State of California Code. 14. Only employees are allowed behind counter and in kitchen work area. 15. Any violations of these operating business license conditions and/or any applicable laws will be grounds for suspension or revocation of the business licenses. 16. Submit a revised detailed floor plan subject to approval by the City Planning office. I AGREE WITH AND ACCEPT THESE BUSINESS LICENSE (r*DITICNS Hong N. Dui, Business Owner Date Witness Date &unto of icon AIt4rtrz A__. hrriffts Department itirabquarters 401. r3© 4700 lamana liuulrbari \. ®• I:Banterrut Park. (California 91754-2100 SHERMAN BLOCK. srcc,r November 19, 1997 LICENSE UNIT INVESTIGATION REPORT 197-01125-3410-446 City of Rosemead Application for Business License and/or Permit Entertainment (Karaoke) Business Name: Cafe Givral 9008 East Garvey Avenue IfE, Rosemead, CA. Address: Hong Ngoc D. Applicants: X Result of investigation fails to indicate a basis for protest. Result of investigation indicates a basis for protest. See narrative report attached in clarification of recommendation. Investigating Officer W. Armendariz Report Approved R. Kenealy, Sergeant #006528 License Detail #048866 Departmental Recommendation Approval SHERMAN BLOCK,SHERIFF CM CC By tome W. Schmiedeke, Lieutenant onnnander, Special Investigations Bureau Utah/ion of(Service ADMINISTRATIVE HEARING CAFE GIVRAL 9008 GARVEY AVENUE, #E NOVEMBER 4, 1997 The Hearing was opened by the Hearing Officer, Donald J. Wagner, at 10:07 a.m. The Hearing Officer then requested that everyone in attendance state their name for the record. Hong Ngoc Du, owner, Joseph Phan, translator&business bookkeeper, Manny Valenzuela, Los Angeles Sheriffs Department, Will Armendariz, Sheriffs Business License Investigator, Brad Johnson, Planning Department, and Jan Saavedra, Business License Clerk. The Hearing Officer then asked Mr. Armendariz to report on the Sheriffs investigation. Mr. Armendariz stated that this was a cafe wishing to provide a karaoke machine for their customers. The hours of operation will be Monday through Sunday, 8:00 a.m. to 12:00 a.m., with entertainment provided from 9:00 p.m. to 12:00 a.m. Mr. Armendariz then proceeded to read the list of conditions. The Hearing Officer expressed his concern that someone in the establishment be able to speak and understand english. The Hearing Officer than asked if the Planning Department had any concerns regarding the business. Mr. Johnson reiterated that no alcohol beverages would be served in the establishment and that the entertainment would be limited to karaoke only and that there would not be any dancing. Mr. Johnson also stated that when the owner applies for their occupancy permit a better floor plan would be required showing where the tables and chairs are situated and how many there are. Mr. Johnson also stated that in the window the sign for the hours of operation list the establishment closing at 1:00 a.m. The Hearing Officer then asked if the Sheriffs Department had any concerns with this establishment. Deputy Valenzuela stated that he had visited this location several times and he had observed customers smoking in the establishment, which is a Labor Code violation and that the owner was not present and no one had proper 1.D. with them. In regards to the security camera, Deputy Valenzuela would like to have one of the cameras facing the front door at face level and to also notify the Sheriffs Department if there was any problems. The Hearing Officer then closed the hearing at 10:38 a.m. Respectively Submitted: QhL) 7 SAAVEDRA BUSINESS LICENSE CLERK S E M F \;4�:, y ' staffsp ort TO: FRANK G. TRIPEPI, CITY MANAGER FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREATION DATE: NOVEMBER 4 , 1997 RE: AUTHORIZATION TO APPLY FOR 1996 SAFE NEIGHBORHOOD PARK GRANT The 1996 Los Angeles County Safe Neighborhood Park Proposition provides Rosemead with $ 162 , 875. In addition, we have another $ 55, 322 available from the 1992 Proposition. These combined funds, $ 218, 197, can be used to improve recreation facilities either new or existing. Funds are totally reimbursable. After reviewing the City's facilities, I would propose that we use the funds to renovate and expand the Clubhouse at Garvey Park. The project would consist of: 1. Increasing the size of Rooms 2 & 3 2 . Remodeling the restrooms and bringing them up to ADA requirements. 3 . Provide for a Pre-School Room, either Room 2 or 3 . 4 . Remodel the main Meeting Room (Room 1) 5. Provide for adequate storage for tables, chairs and supplies. 6. Upgrade and increase the size of the play area. The configuration of the Clubhouse lends itself to this project because the existing roof cantilevers over the patio on the north and west side and will be incorporated in the proposed expansion. To develop this Project, I am proposing that we utilize B.O.A. Architects. They were the firm who developed the Restrooms/Snack Bar at Garvey and Rosemead Parks, and has worked with the City on other Projects. COUNCIL AGENDA NOV 2 51997 ITEM No. T• M-7 J RECOMMENDATION: It is recommended that the City Council approve, Resolution 97-50, the filing of the Grant Application, appropriate $ 218, 197 from the City's Unappropriated Reserve and authorize the Mayor to execute the Agreement with the Architect. attachments: Site Plan Architects Agreement Resolution 97-50 Grant Application Exhibit I Cost Estimates and Revenues 07-N-B5S GARVEY PARK CLUBHOUSE RENOVATION EMERSON PL. N ROOM 1 W M EST. RMS MECH. RM \ ROOM 2 NV .o. / NN ROOM 3 9�/ XV% zN ZA PLAY AREA \\N1 EXPANDED AREAS TENNIS COURTS T H E AMERICAN INSTITUTE O F ARCHITECTS • • ys� ` AIA Document 8141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the TWENTY—FIFTH day of NOVEMBER in the year of Nineteen Hundred and NINETY SEVEN BETWEEN the Owner: CITY OF ROSEMEAD (A"r"e and rdare.eci 8838 E. VALLEY BLVD. ROSEMEAD, CA 91770 and the Architect: BOA ARCHITECTURE (Name and address) 279 WEST SEVENTH STREET SAN PEDRO, CA 90731 For the following Project: (Include detailed descriptor:of Project, location, address and scope.) GARVEY PARK COMMUNITY CENTER ADDITION/REMODEL. PROJECT CONSISTS OF ADDING SQUARE FOOTAGE TO EXISTING BUILDING, MODIFY RESTROOMS, AND GENERAL REMODELING. ADDITION IS TO BE LOCATED UNDER EXISTING PATIO ROOF. The Owner and Architect agree as set forth below. Copyright 1917,1926, 1948, 1951, 1953,1958, 1961, 1963, 1966, 1967, 1970,1974, 1977,01987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D C. 20006.Reproduction of the material herein or substantial quotation of its provisions without written permission of ate AIA violates the copyright laws of the United States and will he subject to legal prosecution. AIADOCUMENT 8141 • OWNER.ARCHITECT AGREEMENT• FOURTEENTH EDITION•...int • GI987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N W.,WASHINGTON.D.C.206(16 B141-1987 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subiect to legal Prosecution. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE I schedule or construction budget, the Architect shall prepare, ARCHITECT'S RESPONSIBILITIES for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe 1.1 ARCHITECT'S SERVICES the size and character of the Project as to architectural, struc- rural, mechanical and electrical systems, materials and such 1.1.1 The Architect's services consist of those services per- other elements as may he appropriate. formed by the Architect, Architects employees and Architect's 2.3.2 The Architect shall advise the Owner of any adjustments consultants as enumerated in Articles 2 and 3 of this Agreement to the preliminary estimate of Construction Cost. and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi 2 4 CONSTRUCTION DOCUMENTS PHASE tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the 2.4.1 Based on the approved Design Development Docu- Architect shall submit for the Owners approval a schedule for ments and any further adjustments in the scope or quality of the performance of the Architect's services which may he the Project or in the construction budget authorized by the adjusted as the Project proceeds, and shall include allowances Owner,the Architect shall prepare, for approval by the Owner, for periods of time required for the Owner's review and for Construction Documents consisting of Drawings and Specifica- approval of submissions by authorities having jurisdiction over tions setting forth in detail the requirements for the construe the Project. Time limits established by this schedule approved lion of the Project. by the Owner shall not,except for reasonable cause,be exceeded by the Architect or Owner. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- 1.1.3 The services covered by this Agreement are subject to tions of the Contract,and the form of Agreement between the the time limitations contained in Subparagraph 115.1. Owner and Contractor. 2.4.3 The Architect shall ad etae the Owner of an; adjustments ARTICLE 2 to precious preliminary estimates of Construction Cost indi- SCOPE OF ARCHITECT'S BASIC SERVICES cared by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with 2.1 DEFINITION the Owner's responsibility for filing documents required for 2.1.1 The Architect's Basic Services consist of those described the approval of governmental authorities having jurisdiction in Paragraphs 2.2 through 2-6 and any other services identified over the Project. in Article 12 as part of Basic Services,and include normal struc- tural, mechanical and electrical engineering services. 2.5 BIDDING OR NEGOTIATION PHASE 2.2 SCHEMATIC DESIGN PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate 2.2.1 The Architect shall review the program furnished by the of Construction Cost, shall assist the Owner in obtaining bids Owner to ascertain the requirements of the Project and shall or negotiated proposals and assist in awarding and preparing arrive at a mutual understanding of such requirements with the contracts for construction. Owner. 2.2.2 The Architect shall provide a preliminary evaluation of 2.6 CONSTRUCTION PHASE—ADMINISTRATION the Owners program, schedule and construction budget OF THE CONSTRUCTION CONTRACT requirements, each in terms of the other,subject to the limita- tions set forth in Subparagraph 5.2.1. 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences 2.2.3 The Architect shall review with the Owner alternative with the award of the Contract for Construction and tenni- approaches to design and construction of the Project. nates at the earlier of the issuance to the Owner of The final Certificate for Payment or 60 days after the date of Substn- 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall tial Completion of the Work. prepare, for approval by the Owner, Schematic Design Docu- 2.6.2 The Architect shall provide administration of the Con- ments consisting of drawings and other documents illustrating tract for Construction as set forth below and in the edition of the scale and relationship of Project components. AIA Document A201, General Conditions of the Contract for 2.2.5 The Architect shall submit to the Owner a preliminary Construction, current as of the date of this Agreement, unless estimate of Construction Cost based on current area,volume or otherwise provided in this Agreement other unit costs. 2.6.3 Duties,responsibilities and limitations of authority of the 2.3 DESIGN DEVELOPMENT PHASE Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of 2.3.1 Based on the approved Schematic Design Documents the Contractor, which consent shall riot be unreasonably and any adjustments authorized by the Owner in the program, withheld. AIA DOCUMENT B141 •OWNER.ARCHITECT AGREEMENT • FOURTEENTII EDITION•AIA° • (11927 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE NINE,WASHINGTON.D .20006 8141-1987 2 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 2.6.4 'Ile Architect shall be a representative of and.shall adobe quantity of the Work,(2)reviewed construction md.als, meth- and consult with the Owner(1)during construction until final ocis, techniques,sequences or procedures,(3)reviewed copies payment to the Contractor is due, and(2)as an Additional Seo- of requisitions received from Subcontractors and material sup- vice at the Owner's direction from time to time during the cc w- pliers and other data requested by the Owner to substantiate rection period described in the Contract for Construction. The the Contractor's right to payment or(d)ascertained how or for Architect shall have authority to act on behalf of the Owner what purpose the Contractor has used money previously paid only to the extent provided in this Agreement unless otherwise on account of the Contract Sum. modified by written instrument. 2.6.11 The AArchitect shall have authority to reject Work which 2.6.5 The Architect shall visit the site at intervals appropriate does not conform to the Contract Documents. Whenever the to the stage of construction or as otherwise agreed by the Architect eonsiders it necessary or advisable for implementa- Owner and Architect in writing to become generally familiar tion of the intent of the Contract Documents,the Architect will with the progress and quality of the Work completed and to have authority to require additional inspection or testing of the determine in general if the Work is being performed in a man- \c'ork in accordance with the provisions of the Contract Docu, Crtiindicating that the Work when completed will be in accor merits, whether or not such Work is fabricated, installed or dance with the Contract Documents. however, the .Architect cont pleted.However,neither this authority of the Architect nor shall not he required to make exhaustive or continuous on-site a decision made in good faith either to exercise or not to exer- in.spections to check the quality Or quantity of the Work. On vise such authority shall give rise to a duty or responsibility of the basis of on-site observations as an architect, the Architect the Architect to the Contractor, Subcontractors, material and shall keep the Owner in Conned of the progress and quality of equipment suppliers, their agents or employees or other per- the Work, and shall endeavor to guard the Owner against sons performing portions of the Work. defects and deficiencies in the Work. (More extensity site representation may be agreed to as an Additional Service. as 2.6.12 The Architect shall review and approve or take other described in Paragraph 3...) appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited 2.6.6 The Architect shall not have control over or charge of purpose of checking for conformance with information given and shall not be responsible for construction means, methods, and die design concept expressed in the Contract Documents. techniques, sequences or procedures, or for safety precautions The Architect's action shall be taken with such reasonable and programs in connection with the Work, since these are promptness as to cause no delay in the Work or in the con- solely the Contractor's responsibility under the Contract for struction of the Owner or of separate contractors, while allow- Construction. The Architect shall not be responsible for the ing sufficient time in the Architect's professional judgment to Contractor's schedules or failure to carry out the Work in actor- permit adequate review. Review of such submittals is not eon- dance with the Contract Documents. The Architect shall not ducted for the purpose of determining the accuracy and com- have control over or charge of acts or omissions of the Contrac- pleteness of other details such as dimensions and quantities or or, Subcontractors, or their agents or employees, or of any for substantiating instructions for installation or performance of other persons performing portions of the Work. equipment or systems designed by the Contractor,all of which rentun the responsibility of the Contractor to the extent 2.6.7 The Architect shall at all times have access to the Work required by the Contract Documents. The Architect's review wherever it is in preparation or progress. sit:if not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction 2.6.8 Except as may otherwise be provided in the Contract means, methods, techniques, sequences or procedures. The Documents or when direct communications have been spe- Architect's approval of a specific item shall not indicate cially authorized,the Owner and Contractor shall communicate approval of an assembly of which the item is a component. through the Architect, Communications by and with the Archi- When professional certification of performance characteristics tect's consultants shall he through the Architect, of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such 2.6.9 Based on the Architect's observations and evaluations of certification 10 establish that the materials. systems orequip- the Contractor's Applications for Payment, the Architect shall menu will meet the performance criteria required by the Con- review and certify the amounts due the Contractor- tract Documents. 2.6.10 The Architect's certification for payment shall consti' 2.6.13 The Architect shall prepare Change Orders and Con- lute a representation to the Owner, based on the Architects struction Change Directives, with supporting documentation observations at the site as provided in Subparagraph 2.6.5 and and data if deemed necessary by the Architect as provided in on the data comprising the Contractor's Application for Pay Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and meet, that, to the best of the Architect's knowledge, informa- execution in accordance with the Contract Documents, and don and belief, the Work has progressed to the point indicated may authorize minor changes in the Work nor involving an and the quality of IXh rk is in accordance with the Contract adjustment in the Contract Sum or.an extension of the Contract Documents. The foregoing representations are subject to an Time which are not inconsistent with the intent of the Contract evaluation of the Work for conformance with the Contract Documents. Documents upon Substantia; Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- 2.6.14 The Architect shall conduct inspections to determine tract Documents correctable prior to completion and to spe- the date or dates of Substantial Completion and the date of final cific qualifications expressed by the Architect The issuance ofa completion, shall receive and forward to the Owner for the Certificate for Payment shall hvther constitute a representation Owner's review and records written warranties and related that the Contractor is entitled to payment in the amount certi- documents required by the Contract Documents and assem- fied. However, the issuance of a Certificate for Payment shall bled by the Contractor,and shall issue a final Certificate for Pay- not be a representation that the Architect has(1)made exhaus- went upon compliance with the requirements of the Contract rive or continuous on-site inspections to check the quality or Documents. AIA DOCUMENT 0141 • OWNER ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA, • ©1987 3 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS,I735 NEW YORK AVENUE,N.W.,WASHINGTON,DD.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 2.6.15 The Architect shall interpret and decide natters con- 32.3 Through the observations by such Project Represen- caning performance of the Owner and Contractor under the wtives, the Architect shall endeavor to provide further protec- requirements of the Contract Documents on written request of [ion for the Owner against defects and deficiencies in the Work, either the Owner or Contractor. The Architect's response to but the furnishing of such project representation shall not such requests shall be made with reasonable promptness and modify the rights.responsibili tics or bligations of the Architect within any time limits agreed upon. as described elsewhere in this Agreement. 2.6.16 Interpretations and decisions of the Architect shall he consistent with the intent of and reasonably inferable from the 3.3 CONTINGENT ADDITIONAL SERVICES Contract Documents and shall be in writing or in the form of 3.3.1 Making revisions in Drawings. Specifications or other drawings When making such interpretations and initial deci- documents when such revisions are: sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor,shall not show partiality ,1 inconsistent with approvals or instructions previously to either. and shall not be liable for results of interpretations or given by the Owner,including revisions made neces- decisions so rendered in good faith- sary by adjustments in the Owner's program or Proj- 2.6.17 The Architect's decisions on matters relating to aesthe- ect budget; tic effect shall he final if consistent with the intent expressed in .2 required by the enactment or revision of codes, laws the Contract Documents. or regulations subsequent to the preparation of such 2.6.18 The Architect shall render written decisions within a documents; or reasonable time on all claims,disputes or other matters in quos- .3 due to changes required as a result of the Owner's fail- non between the Owner and Contractor relating to the ecu- ure to render decisions in a timely manner. lion or progress of the Work as provided in the Contract Documents. 3.3.2 Providing services required because of significant 2.6.19 The Architect's decisions on claims, disputes or other changes in the Project including, but not limited to,size, qual. heg those in question betweenlains, the Owner and 1g, complexity, the Owner's schedule, or the method of bid- matters,Contactor except for those relating to aesthetic effect tipro- ding or negotiating and contracting for construction,except for vided in Subparagraph 2.6.17,shall be subject to arbitration as pro- services required tinder Subparagraph 5.2.5. provided in this Agreement and in the Contract Documents. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change ARTICLE 3 Orders and Construction Change Directives. ADDITIONAL SERVICES 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent 3.1 GENERAL revisions to Drawings,Specifications and other documentation resulting therefrom. 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12,and they shall 3.3.5 Providing consultation concerning replacement of Work be paid for by the Owner as provided in this Agreement, in damaged by fire or other cause during construction, and Cur- addition to the compensation for Basic Services. The services nishing sen-ices required in connection with the replacement described under Paragraphs 3.2 and 3.4 shall only he provided of such Work. if authorized or confirmed in writing by the Owner.If services 3.3.6 Providing services made necessary by the default of the described under Contingent Additional Services in Paragraph Contractor,by major defects or deficiencies in the Work of die 33 are required due to circumstances beyond the Architect's Contactor,or by failure of performance of either the Owner or control, the Architect shall notify the Owner prior to corn- Contractor under the Contract for Construction. mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner 3.3.7 Providing services in evaluating an extensive number of shall give prompt written notice to the Architect.If the Owner claims submitted by the Contractor or others in connection indicates in writing that all or part of such Contingent Addi- with the Work. tional Services are not required,the Architect shall have no obli• 3.3.8 Providing services in connection with a public hearing, nation to provide those services. arbitrationoceedin• or legal b proceeding except where the 3.2 PROJECT REPRESENTATION BEYOND BASIC Architect is party thereto. SERVICES 3.3.9 Preparing documents for alternate,separate or sequential bids or providing services in connection with bidding,negotia- 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the.Architect shall tion or construction prior to the completion of the Construc- provide one or more Project Representatives to assist in carry- tion Documents Phase. ing out such additional on-site responsibilities. 3.4 OPTIONAL ADDITIONAL SERVICES 3.2.2 Project Representatives shall he selected, employed and directed by the Architect, and the Architect shall he romper- 3.4.1 Providing analyses of the Owners needs and proglam- sated therefor as agreed by the Owner and Architect. The ming the requirements of the Project. duties, responsibilities and limitations of authority of Project Representatives shall he as described in the edition of AIA 3.4.2 Providing financial feasibility or other special studies. Document B352 current as of the date of this Agreement.unless 3.4.3 Providing planning surveys, site evaluations or corn- otherwise agreed. parativc studies of prospective sites. AIA DOCUMENT B141 • OVNE&ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA° • G 1987 Ti le An1ERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE.N,W.,WASHINGTON,O C. 21100S B141-1987 4 WARNING:Unlicensed ohotocoovino vini trn IIS enn.nnta tee sad �..w.e..�•.a__..,_____....__ 3.4.4 Providing special surveys. environmental studies and 4.2 The Owner shall establish and update an overall budget for submissions required for approvals of governmental a uthnri tics the Project,including the Construction Cost,the Owner's other or others having jurisdiction over the Project, costs and reasonable contingencies related to all of these costs. 3.4.5 Providing services relative to future facilities, systems 4.3 If requested by the Architect, the Owner shall furnish cvi- and equipment. (fence that financial arrangements have been made to fulfill the 3.4.6 Providing services to investigate existing conch tions or Owner's obligations under this Agreement. facilities or to make measured drawings thereof. 4.4 The Owner shall designate a representative authorized to 3.4.7 Providing services to verify the accuracy of drawings or act on the Owners behalf with respect to the Project The other information furnished by the Owner. Owner or such authorized representative shall render decisions in a 1 lure]y manner pertaining to documents submitted by the 3.4.8 Providing coordination of construction performed by Architect in order to avoid unreasonable delay in the orderly separate comactor.s or by the Owners own forces and coordi- and sequential progress of the Architect's services. nation of services required in connection with Const act ion performed and equipment supplied by the Owner. 4.5 The Owner shall famish surveys describing physical 3.4.9 Providingcharacteristics, legal limitations and utility locations for the site services in connection with thework of a con- of the Project, and a written legal description of the site. The strunjon manager or separate consultants retained by the surveys and legal information shall include, as applicable, Owner. PP- " grades and pines of streets, alleys, pavements and adjoining 3.4.10 Providing detailed estimates of Construction Cost. property and stnlc,ores; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restric- 3.4.11 Providing detailed quantity surveys or inventones of tions, boundaries and contours of the site; locations, dimen- material, equipment and laborsions and necessary data pertaining to existing buildings, other 3.4.12 Providing analyses of owning and operating costs. improvements and trees;and information concerning available services and lines, both public and private, above and 3.4.13 Providing interior design and other similar services below grade, including inverts and depths.All the information required for or in connection with the selection, procurement on the survey shall he referenced to a Project benchmark. or installation of furniture, furnishings and related equipment. 4.6 The Owner shall furnish the r-ce. of gent echnical engi- 3.4.14 Providing services for planning tenant or rental,spacesneers when such services are requested by the Architect. Such 3.4.15 Making inetsuguliuus, inventories of materials or equyr services may include but arc not limited to test borings test mens, or valuations and detailed appraisals of existing facilities. Pits determinations of soil bearing values, percolation Ica s, evaluations of hazardous materials,ground corrosion and resis- 3,4,16 Preparing a set of reproducible record drawings show- 1ivity tests, including necessary operations for anticipating cub- ing significant changes in the Work made during construction soil conditions, with reports and appropriate professional based on marked-up prints,drawings and other data furnished recommendations. by the Contractor to the Architect. 4.6.1 The Owner shall furnish the services of other consul- 3.4.17 Providing assistance in the utilization of equipment or tants when such services are reasonably required by the scope systems such as testing,adjusting and balancing,preparation of of the Project and arc requested by the .Architect. operation and maintenance manuals, training personnel for operation and maintenance,and consultation during operation. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials,and 3.4.18 Providing services after issuance to the Owner of the other laboratory and environmental tests, inspections and final Certificate for Payment, or in the absence of a final Cer- reports required by law or the Contract DONml Cots. tificate for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 4.8 The Owner shall furnish all legal,accounting and insurance 3.4.19 Providing services of consultants for other Than archi- counseling services as may he necessary at any time for the teaural, structural, mechanical and electrical engineering poi-- verify including auditing services the Owner may require to tions of the Project provided as a part of Basic Services. verify the for whataarpurposesApthealiens for Payment usedor to ascertain how or Contractor has the money 3.4.20 Providing any other services not otherwise included in paid by or on behalf of the Owner. this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 4.9 The services,information,surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall he entitled to rely upon the accuracy and completeness thereof. ARTICLE 4 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in OWNER'S RESPONSIBILITIES the Project or nonconformance with the Contract Documents. 4.1 The Owner shall provide full information regarding 4.11 The proposed language of certificates or certifications requirements for the Project, including a program which shall requested of the Architect or Architect's consultants shall be set forth the Owner's objectives, schedule,constraints and cri- submitted to the Architect for review and approval at least 14 teria, including space requirements and relationships, flexi- days prior to execution,The Owner shall not request certifica- bility, expandability, special equipment, systems and site tions that would require knowledge or services beyond the requirements. scope of this Agreement. AIA DOCUMENT B141 • O'NEE-ARCI IITECT AGREEMENT• FOURTEENTH EDITION• MAI • ©1987 5 8141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS,17-35;NEW YORK AVENUE,N W-,WASHINGTON,DC.2.1¢11( WARNING Unlicensed nhntnrnnvinn viniam IIc .nrwrinherm...n.....n. m..ei.....�e...r...., ARTICLE 5 .3 if the Project is abwldoned, terminale in accordance CONSTRUCTION COST with Paragraph R3:or .4 cooperate in revising the Project scope and quality as 5.1 DEFINITION required to reduce the Construction Cost. 5.1.1 The Const motion Cost shall he the total cost or esti. If the Owner chooses to proceed under Clause 5 2.4.-1, mated cost to the Owner of all elements of the Project designed the Architect, without additional charge, shall modify the Gm- or specified by the Architect. tract Documents as necessary to comply with the fixed limit,if established as a condition of this Agreement. The modification 5.1.2 The Construction Cost shall include the cost at current of Contract Documents shall be the limit of the Architect's market rates of labor and materials furnished by the Owner and responsibility arising out of the establishment of a fixed limit. equipment designed, specified, selected or specially provided The Architect shall he entitled to compensation in accordance for by the Architect, plus a reasonable allowance for the Com with this Agreement for all services performed whether or nut tractor's overhead and profit. In addition, a reasonable allow- the Construction Phase is commenced. an ce for contingencies shall he included for market conditions at the rime of bidding and for changes in the Work during const ructIons ARTICLE 6 5.1.3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS, the Architect and Architect's consultants, the costs of the land, SPECIFICATIONS AND OTHER DOCUMENTS rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 6.1 The Drawings, Specificatiotss and other documents pre- 5.2 RESPONSIBILITY FOR CONSTRUCTION COST Pared by the Architect for this Projectarc instruments of the Architects service for use solely with respect to this Project 5.2.1 Evaluations of the Owner's Project budget, preluninary and, unless otherwise provided, the Architect shall be deemed estimates of Construction Cost and detailed estimates of Con- the author of these documents and shall retain all common law, struction Cost.if any, prepared by the Architect, represent the statutory and other reserved rights, including the copyright. Architect's best judgment as a design professional familiar with The O vmer shall he permitted to retain copies,including repro- the construction industry. It is recognized, however, that nei- ductile copies, of the Architect Drawings, Specifications and Cher the Architect nor the Owner has control over the cost of other documents for information and reference in connection labor, materials or equipment, over the Contractor's methods with the Owner's use and occupancy of the Project.The Archi• of determining bid prices, or over competitive bidding,market tests Drawings.Specifications or other documents shall not he or negotiating conditions. Accordingly, the Architect cannot used by the Owner or others on other projects, for additions to and does not warrant or represent that bids nr negotiated prices this Project or for completion of this Project by others, unless will not vary from the Owner's Project budget or from any the Architect is adjudged to he in default under this Agreement, estimate of Construction Cost or evaluation prepared or agreed except by agreement in writing and with appropriate compen- to by the Architect. sa tion to the Architect. 5.2.2 No fixed limit of Construction Cost shall be established 6.2 Submission or distribution of documents to meet official as a condition of this Agreement by the furnishing, proposal or regulatory requirements or for similar purposes in connection establishment of a Project budget, unless such fixed limit has with the Project is not to be construed as publication in deroga- been agreed upon in writing and signed by the parties hereto.If lion of the Architect's reserved rights. such a fixed limit has been established. the Architect shall he permitted to include contingencies for design, bidding and price escalation, to determine what materials,equipment,com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments i ARTICLE 7 the scope of the Project and to include in the Contract Docm ARBITRATION ments alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits,if any,shall be increased in the amount of an increase in the Contract Sum occurring after execution of the 7.1 Claims, disputes or other matters in question between the Contract for Construction. parties to this Agreement arising out of or relating to this Agree- ment or breach thereof shall be subject to and decided by arbi- 5.2.3 If the Bidding or Negotiation Phase has not commenced tration in accordance with the Construction Industry Arbitra- within 90 days after the Architect submits the Construction tion Rules of the American Arbitration Association currently in Documents to the Owner, any Project budget or fixed limit of effect unless the parties mutually agree otherwise. Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the 7.2 Demand for arbitration shall be filed in writing with the date of submission of the Construction Documents to the other party to this Agreement and with the American Arbitra- tion Associalion..4 demand for arbitration shall be made within Owner and the date on which proposals are sought. a reasonable time after the claim, dispute or other matter in 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- question has arisen. In no event shall the demand for arbitration 'ided in Subparagraph 5.2.3) is exceeded by the lowest bona be made after the date when institution of legal or equitable fide bid or negotiated proposal, the Owner shall: proceedings based on such claim, dispute or other matter in .1 give written approval of an increase in such fixed question would be barred by the applicable statutes of limitations. limit; 7.3 No arbitration arising out of or relating to this Agreement .2 authorize rebidding or renegotiating of the Project shall include.by consolidation,joinder or in any other manner, within a reasonable time; an additional person or entity not a party to this Agreement, MA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA. • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE.N.W. WASHINGTON,D.C.2IX06 8141-1997 6 WARNING:Unlicensed photocowina violates U.S.cowriaht laws and is cubism is wsai siwasa.n..... except by written consent containing a specific reference to .2 Ten percent of the total compensation for Basic and this Agreement signed by the Owner,Architect. and any other Additional Services earned to date if termination person or entity sought to be joined. Consent to arbitration occurs during the Design Development Phase; or involving an additional person Or entity shall not condi Rite .3 Five percent of die total compensation for Basic and consent to arbitration of any claim, dispute or other matter in Additional Services earned to data if termination question not described in the written consent or with a person occurs during any subsequent phase. or entity not named or described therein.The foregoing agree- ment to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to ARTICLE 9 this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. MISCELLANEOUS PROVISIONS 7.4 The award rendered by the arbitrator r arbitrators shall be final,and judgment may be entered upon it in accordance with 9.1 Unless otherwise provided, this Agreement shall be goy- applicable law in any court having jurisdiction thereof. erred by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as ARTICLE 8 those in AIA Document A201, General Conditions of the Con- tract for Construction,current as of the date of this Agreement. TERMINATION, SUSPENSION OR ABANDONMENT 9.3 Causes of action between the parties to this Agreement 8.1 This Agreement may be terminated by either party upon penuning to acts or failures to act shall he deemed to have accrued and The applicable Statures of limitations shall corn- not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this recess to run not later than either The dare of Substantia Com- Agreement through no fault of the party initiating the termination. pletion for acts or failures Io act occurring prior to Substantial Completion, or The date of issuance of the final Certificate for 8.2 If the Project is suspended by the Owner for more than 30 Paan opt for acts or failures to act occurring after Substantial consecutive days, the Architect shall be compensated for ser- Completion. vices performed prior to notice of such suspension.When the Project is resumed, the Architect's compensation shall be Equi- 9,G The Owner and Architect waive all rights against each tably adjusted to provide for expect es incurred in the intermp- other and against the contractors, consultants, agents and lion and resumption of Architects services. employees of the other for drniiages,but only to the extent cov- ered by property insurance during construction, except such 8.3 This Agreement may be terminated by the Owner upon rights as they may have To the proceeds of such insurance as set not less than seven days' written notice to the Architect in the forth in the edition of MA Document A201,General Conditions event that the Project is permanently abandoned. If the Project of the Contract for Construction, current as of the date of this is abandoned by the Owner for more than 90 consecutive days, Agreement. The Owner and Architect each shall require similar the Architect may terminate this Agreement by giving written waivers from their contractors, consultants and agents. notice. 9.5 The Owner and Architect, respectively, bind themselves, 8.4 Failure of the Owner to make payments to the Architect in their partners, successors, assigns and legal representatives to accordance with this Agreement shall be considered substantial the other party to this Agreement and to the partners, succes- nonperformance and cause for termination. sors, assigns and legal representatives of.such other party with respect to all covenants of this Agreement. Neither Owner nor B.5 If the Owner fails to make payment when due the Archi' Architect shall assign this Agreement without The written con- Wel for sen-iees and expenses, the Architect may, upon seven sem of the other. days'written notice to the Owner,suspend performance of ser- bcunder this Agreement. Unless payment in hull is received 9.6 This Agreement represents the entire and integrated agree- the Architect within seven daps of the date of the notice,the ment between the Owner and Architect and supersedes all suspension shall take effect without further notice.In the event prior negotiations, representations or agreements, either writ- of a suspension of services, he Archited shall ITave no liability ten or oral. This Agreement may be amended only by-written to the Owner for delay or damage caused the Owner because instrument signed by both Owner and Architect. of such suspension of services, 9.7 Nothing contained in this Agreement shall create a contrao 8.6 In the event of termination not the fault of the Architect, mal relationship with or a cause of action in favor of a third the Architect shall be compensated for services performed prior party against either the Owner or Architect. to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8 7. 9.8 Unless otherwise provided in this Agreement,the Architect and Architect's consultants shall have no responsibility for the 8.7 Termination Expenses are in addition to compensation for discovery,presence, handling, removal or disposal of or expo. Basic and Additional Services, and include expenses which are sure of persons to hazardous materials in any form at the Project directly attributable to termination.Termination Expenses shall site, including but not limited to asbestos, asbestos products, be computed as a percentage of the total compensation for polychlorinated biphenyl(PCB)or other toxic substances. Basic Services and Additional Services earned to The time of ter- ruination, erruination, as follows 9.9 The Architect shall have the right to include representa- tions of the design of the Project,including photographs of the .1 Twenty percent of the total compensation for Basic exterior and interior, among the Architects promotional and and Additional Sen-ices earned to date if termination professional materials. The Architect's materials shall not occurs before or during the predesign,site analysis,or include the Owners confidential or proprietary information if Schematic Design Phases; or the Owner has previously advised the Architect in writing of AIA DOCUMENT 0141 • OW VEP ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA' • '51987 7 B141-1987 THE AMERICAN INSTITUTE DF ARCHITECTS.1735 NEW YORK AVENUE,N.W.,WASHINGTON,n.C.2W0$ • the specific information considered by the Owner to be confi- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES dent ial or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- 10.3.1 An initial payment as set forth in Paragraph 11-1 is the motional materials for the Project. minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- ARTICLE 10 vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. PAYMENTS TO THE ARCHITECT 10.3.3 If and to the extent that the time initially established in 10.1 DIRECT PERSONNEL EXPENSE Subparagraph 11.5.1 of this Subparagraph exceeded or extended through no fault of the Architect, compensation for any .ser- 10.1.1 Direct Personnel Expense is defined as the direct vices rendered during the additional period of time shall be salaries of the Architects personnel engaged on the Project and computed in the manner set forth in Subparagraph 11.3.2. the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment 10.3.4 When compensation is based on a percentage of Con- tributions and other statutory employee benefits, insurance, sick struction Cost and any portions of the Project are deleted or leave, holidays, vacations, pensions and similar contributions otherwise not conswned,compensation for those portions of and benefits. the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set 10.2 REIMBURSABLE EXPENSES forth in Subparagraph 11.2.2,hued on(I)the lowest bona fide bid or negotiated proposal, or(2)if no such bid or proposal is 10.2.1 Reimbursable Expenses arc in addition to compensa received, the most recent preliminary estimate of Construction tion for Basic and Additional Services and include expense Cost or detailed estimate of Construction Cost for such por- incurred by the Architect and Architect's employees and con tions of the Project. sultants in the interest of the Project,as identified in the follow- 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL ing Clauses. SERVICES 10.2.1.1 Expense of transportation in connection with the 10.4.1 Payments on amount of the Architect's Additional Project; expenses in connection with authorized out-of-town Services and for Reimbursable Expenses shall be made monthly travel, long-distance communications; and fees paid for recur- upon presentation of the Architect's statement of services ren- ing approval of authorities having jurisdiction over the Project. tiered or expenses incurred. 10.2.1.2 Expense of reproductions, postage and handling of 10.5 PAYMENTS WITHHELD Drawings.Specifications and other documents. 10.2.1.3 If authorized in advance by the Owner, expense of 10.5.1 No deductions shall be made from the Architects com- pensation on account of penalty, liquidated damages or other overtime work requiring higher than regular raHs. sums withheld from payments to contractors,or on account of 10.2.1.4 Expense of renderings,models and mock-ups requested the cost of changes in the Work other than those for which the by the Owner. Architect has been found to be liable. 10.2.1.5 Expense of additional insurance coverage or limits, 10.6 ARCHITECT'S ACCOUNTING RECORDS including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and 10.6.1 Records of Reimbursable Expenses and expenses per- Architect's consultants. taming to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- 10.2.1.6 Expense of computer-aided design and drafting able to the Owner or the Owner's authorized representative at equipment time when used in connection with the Project. mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of NOT APPLICABLE Dollars(S N/A shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES,as described in Article 2, and any other services included in Article 12 as part of Basic Services,Basic Compensation shall be computed as follows: OrtHu/basis of compensatime including stipulated re ns. andhrple‘er lmcentakes. and Wenn!).phases m much particular memnhs qi compensation•nation applJ, I MAXIMUM FIXED FEE OF $22,628.00 AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA • C11937 THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVENUE,6 W.,WASHINGTON,D.C.200O6 B141-1987 8 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. • 11.2.2 Where compensation is based on a.stipulated sum or percentage of Construction Cost,progress payments Gtr Basic Services in each phase shall total the following percentages of the total Basic Compensation payable, (Inns a.rmn.'nar ph,aes appnynile) Schematic Design Phase: TWENTY percent(20 W.) Design Development Phase FIFTEEN percent(15 %) Construction Documents Phase; FORTY—FIVE percent(45 %) Bidding or Negotiation Phase FIVE percent( 5 %) Consm¢tion Phase: FIFTEEN percent(1 5 %) 'foul Basic Compensa nom. one hundred percent(100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES,as described in Paragraph 3.2, compensation shall be com- puted as follows PRINCIPAL $127.00/HR. ARCHITECT/PROJECT MANAGER $ 85.00/HR. ENGINEERS $ 85.00/HR. PROJECT DESIGNER $ 75.00/HR. SENIOR DESIGNER/TECHNICAL $ 70.00/HR. CADD DRAFTSPERSON $ 60.00/HR. CLERICAL $ 47.00/HR. 11.3.2 FOR ADDITIONAL SERVICES OF TI IF ARCHITECT as described in Articles 3 and 12.other than Ill Additional Project Rept . nt:Mon. .as described in Paragraph 3P, ane (2) semices included ded in Article 12 as part of Basic Scrvices. hut esclt ding services of cunsalEmts. compensation shall be computed as follolvs: rn�., ,u ,s, I ol • I . .' 1• ' •' hr d ' hn,re rr.a� I ne.r „ .nI i r. , � ill..t Inn u „A ♦ rr., •h, . l o..vi.-o PRINCIPAL $127.00/HR. ARCHITECT/PROJECT MANAGER $ 85.00/HR. ENGINEERS $ 85.00/HR. PROJECT DESIGNER $ 75.00/HR. PROJECT DESIGNER/TECHNICAL $ 70.00/HR. CADD DRAFTSPERSON $ 60.00/HR. CLERICAL $ 47.00/HR. 11.3.3 FOR ADDITIONAL SERVICES OF CONSUL LINTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4 19 or identified in Article 12 as part of Additional Services, a multiple of ONE POINT TWO ( 1.2 ) times the amounts billed to the Architect for such services. Prune y)•specific it pes f consultants in A tilde q l ma/mai) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES,as described in Paragraph 102,and any other items included in Article 12 as Reimbursable Expenses,a multiple of ONE POINT TWO ( 1.2 )times the expenses incurred by the Architect,the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within TWELVE ( 12 )months of the date hereof,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 103.3 and 11.3.2. 11.5.2 Payments are due and payable THIRTY ( 30 )(Way* from the date of the Architect's invoice. Amounts unpaid THIRTY—ONE ( 31 )days after the invoice date shall hear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon *5% ABOVE THE FEDERAL RESERVE DISCOUNT RATE PER ANNUM COMPOUNDED MONTHLY. ry (Usu / 6 requirements underthe Federal Truth in Lending A ]ar stale and local consumer Credit laws and other regulations m the(i L andA t` I h principal places Of OLESUICSS, ro location of the Project and elsewhere may affect the lidity of this pSpecific legal advice should bhamed ,rn respect deletions r modificalionh and also regard:rig nquvernents such as urirten disclosures or,tat:ers) 9 9141-i BB7 AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION •MA° • G198' THE AMERICAN INSTITUTE OF ARCHITECTS, 1755 NEW YORK AVENUE,N V'_WASHINGTON.D C 20005 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other sen ices,identify Additional Services included within Banc Compensation and mrMptrattom to the payment and compensation terns included in this Agreement.) THE FOLLOWING ENGINEERING SERVICES ARE INCLUDED WITH THIS CONTRACT. CONSTRUCTION OBSERVATIONS ARE NOT PART OF THEIR SERVICES. 1) STRUCTURAL ENGINEERING 2) MECHANICAL/PLUMBING ENGINEERING 3) ELECTRICAL ENGINEERING ANY OTHER CONSULTANTS WOULD BE CONSIDERED ADDITIONAL SERVICES. COMPENSATION FOR THESE CONSULTANTS WOULD BE BASED ON THEIR APPROVED FEE PROPOSAL(S) . INDEMNITY AGREEMENT — EXHIBIT "A" This Agreement entered into as of the day and year first written above. OWNER ARCHIT__ y A_____ E yl (Signature) (Si r lure) ANTHONY S. WU, DIRECTOR OF ARCHITECTURE (Printed name and title) (Printed name and title) AIACAUTION: hn . An original assuresYousthatould changessignan will notoriginal be obAIAscured as mdocumentaywhich occur has whenthis docucautioments areprinted reproduceinredd. ANI DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•MAID • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENGE.NW.,WASHINGTON.D.C.20006 6141-0887 10 WARNING:Unlicensed photocopying violates LLS.copyright laws and Is subject to legal prosecution. EXHIBIT A INDEMNITY AGREEMENT Contractor and City agree that City, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under - the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth here. To the full extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, or threatened, actual attorney fees incurred by City, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way, in whole or in part to the negligent performance of this agreement. Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the Sole fault of City. Contractor has no obligation under his agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City. The obligations of Contractor under this or any other provision of this agreement will not be limited by the provisions of any workers compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, subtier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. 07-N-B5S RESOLUTION NO. 97-50 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR GARVEY PARK - CLUBHOUSE RESTORATION AND EXPANSION WHEREAS, the people of the County of Los Angeles on November 5, 1996, enacted Los Angeles County Proposition A, Safe Neighborhood Parks, Gang Prevention, Tree-Planting, Senior and Youth Recreation, Beaches and Wildlife Protection Act (the Proposition) , which provided funds to the County of Los Angeles and other public agencies in the County for the purposes of acquiring and/or developing facilities for public recreational facilities and open space; and WHEREAS, the Proposition also created the County of Los Angeles Regional Park and Open Space District (the District) to administer said funds; and WHEREAS, the District has set forth the necessary procedures governing local agency applications for grant funds under the Proposition; and WHEREAS, the District' s procedures required the Applicant to certify, by resolution, the approval of the application(s) before submission of said application(s) to the District; and WHEREAS, the Project is an important park and recreation project for the City of Rosemead; and WHEREAS, said application(s) contains assurances that the Applicant must comply with; and WHEREAS, the Applicant will enter into an Agreement with the District for development of the Project, Garvey Park Clubhouse Restoration and Expansion, and; WHEREAS, the City of Rosemead has Per Parcel Project Grant funds from Proposition A remaining after the development of the Play Area and Picnic Facility at Rosemead Park and; WHEREAS, the City of Rosemead desires to transfer these remaining Per Parcel Grant funds for Restoration of the Garvey Park Clubhouse. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF ROSEMEAD HEREBY: 1. Approves the filing of an application with the County of Los Angeles Regional Park and Open Space District for funds under Section 8 .b. 1 of the Proposition for the above Project(s) ; and 2 . Certifies that said Applicant understands the assurances and certification in the application form; and 3 . Authorizes the transfer of remaining grant funds from the Per Parcel portion of the Safe Neighborhood Parks and Beaches Act (1992 Proposition "A") for the Restoration of the Garvey Park Clubhouse, and; 4 . Certifies that said Applicant has, or will have, sufficient funds to operate and maintain the Project in perpetuity; and 5. Appoints the City Manager as agent of the City of Rosemead to conduct all negotiations, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so forth, which may be necessary for the completion of the aforementioned Project(s) . PASSED, APPROVED and ADOPTED this 25th day of November, 1997. Mayor ATTEST: CITY CLERK I hereby certify that the foregoing Resolution No. 97-50 was duly and regularly adopted by the Rosemead City Council at a regular meeting held on November 25, 1997, by the following vote: CITY CLERK 07-N-B5S GRANT APPLICATION FORM PER PARCEL DISCRETIONARY GRANT PROGRAM This Form And Required Attachments Must Be Submitted For Each Project (Please Type. Attach additional sheets, if necessary) Project Name: For District Use Only Garvey Park Clubhouse Project Number Restoration & Expansion program Manager. Grant Amount Requested: $ ] 62, $75,00 Project Applicant(Name of agency and railing address): Proposition Section(s): 8 .b.1 Total Project Cost: $ 218 , 197 .00 City of Rosemead Source(s)of other funds: 8838 E. Valley Boulevard Rosemead, California 91770 Residual Funds-1992 $ 55,322.00' Project Address: 7933 Emerson Place Nearest Cross Street: Del Mar Avenue Grant Applicant's Representative Authorized in Resolution: Frank G. Trinepi City Manager (626) 288-6671 Name Title Phone(inc.area code) Person with day-to-day responsibility for project(if different from authorized representative): Mirhnnl n piractnr of P & R (626) 288-6671 Name Title Phone(inc.area code) Brief Description of Project Remodel existing Clubhouse at Garvey Park and expand two small rooms, one of which will be used for a City operated Pre- School Program. In addition, the adjoining play area will be upgraded. Estimated Project Completion Date(include enough time to submit final paperwork): August, 1998 - For Development Projects Land Tenure: For Acquisition Projects Project is 1/9 acres: Project land will be acres X Acres owned by Applicant(fee simple) Acquired in fee simple by Applicant Acres available under a_year lease Acquired in other than fee simple(explain): Acres other interest(explain): I certify that the information contained in this project application form,including required attachments,is accurate and that I have read and understand the important information and assurances on the reverse side of this form: Signature of Applicant's Authorized Representative as shown in resolution Date EXHIBIT 1 GARVEY PARK CLUBHOUSE RESTORATION AND EXPANSION I. CONSTRUCTION COST 1996 1992 TOTAL Construction Cost $ 134,875 $ 55, 322 $ 190, 197 II. ARCHITECT & ENGINEERING SERVICES A & E Cost (Plans & Specs) $ 23, 000 Permits & Fees $ 5, 000 Total Administration Cost $ 28, 000 $ 28,000 FUNDING SOURCES Grant Amount - 1996 $ 162 ,875 Residual Funds 1992 Grant $ 55, 322 Total Funding Sources $ 218, 197 07-N-B5S