Loading...
RRA - Item 3 - Consideration of Architectural Agreement With David A. Price and Assoicates to Prepare Concept Plans for the Expansion of Di Pillas RestaurantMemorandum To: Frank Tripepi, Executive Director From: Stephen Copenhaver, GRC Date: June 5, 2001 Subject: Consideration of Architectural Agreement with David A. Price and Associates to Prepare Concept Plans for the Expansion of Di Pillas Restaurant Since the early discussions on Redevelopment Project Area No. 2, the Agency staff has spoken with property owners interested in expanding their businesses on Valley Boulevard. One of these businesses is Di Pillas Restaurant which has the potential to expand into the space immediately to the west of their customer sitting area. This space is currently utilized for the storage of goods utilized by the restaurant in their operations. The expansion of the restaurant is a complex undertaking because major modifications are required to the lobby, restrooms, kitchen and storage areas. These areas will be needed to be considered along with the expansion of the customer sitting areas in order to have a restaurant that functions efficiently and is capable of serving a larger customer base. One of the most productive methods for the Agency to assist business owners contemplating expansion of their businesses, is to make expert professional services available in areas where the business owner is not capable of performing the work. In the case of the expansion of Di Pillas Restaurant which involves complex codes and detailed space planning, an architect with a background in restaurant planning would be a valuable resource to offer the restaurant to encourage them to expand. To this end, an architect, David A. Price and Associates, was identified with the appropriate qualifications and interviewed and approved by the restaurant owners. A proposal to prepare concept plans (not working drawings) for the restaurant expansion was secured which is attached to this report. The budget for the design work is $3,500 plus reimbursables. The architect has agreed to execute a standard form Agency contract which will have the insurance policies and terms typically required by the Agency and provide that upon completion of the plans, the Agency will own all rights to use or assign the plans to Di Pillas Restaurant. Recommendation Approve the contract with David A. Price and Associates to prepare concept plans for Di Pillas Restaurant at a cost not to exceed $3,500 plus reimbursable subject to the execution of a standard form Agency contract. AGENCY AGENDA" JUN 12 2001 ITEM No. -3- June 5, 2001 Frank Tripepi Executive Director City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 RE: PROPOSAL TO PROVIDE PROFESSIONAL DESIGN SERVICES Project Name: Restaurant Expansion, Rosemead, California Project 20101 Dear Mr Tripepi: It was a pleasure meeting with City staff and the restaurant owners to discuss the potential expansion project. As a follow-up to our discussions, David A. Price (DAPA) is pleased to present this outline of professional design services for the above referenced project. The project consists of an existing restaurant building located on the north/east corner of Rosemead Boulevard and Valley Boulevard in Rosemead, California. The owner of the restaurant is seeking design assistance from the City of Rosemead in order to expand the existing facility. GRC Associates (GRC) has requested DAPA to prepare a proposal for preliminary design drawings describing the proposed improvements. The following describes the Scope of Work, timeframes and budget requirements within which DAPA proposes to conduct this assignment. A. SCOPE OF WORK (Design) 1. Prepare preliminary site plan, floor plan and elevation design drawings illustrating the restaurant building expansion. 2. Meet with Owner to review and discuss program requirements and preliminary design drawings (maximum of 4 hours). B. SCHEDULE OF COMPENSATION 1. The professional compensation for basic services as outlined in A-1 and A-2 shall be a fixed fee of ($3,500.00) Three Thousand Five Hundred Dollars. Frank Tripepi June 5, 2001 Page 2 C. REIMBURSABLES Reimbursable expenses are in addition to the basic fee and include blueprinting, postage and delivery and photography. Reimbursable expenses will be invoiced as a direct expense. D. PAYMENT SCHEDULE Payments will be due and payable upon receipt of invoice as described in the following schedule: Payment #1: Retainer of $1,750.00 shall be due upon execution of the contract. Payment #2: $1,750.00 shall be due upon completion of the concept drawings. E. ACCEPTANCE The above work will be completed within thirty days of acceptance and approval of this proposal. We look forward to working with you on this most challenging project. Let me know what adjustments to this proposed scope may be appropriate. We are flexible in adapting to the need as you see fit. Enclosed, please find two copies of this agreement. If the foregoing meets with your approval, please sign and return one copy, retaining one for your records. Upon receipt of the signed copy and retainer we will proceed with the work. If your have any questions, please call. SUBMITTED BY: APPROVED BY: DAVID A. PRICE ASSOCIATES ROSEMEAD REDEVELOPMENT AGENCY David A. Price, AIA Frank Tripepi TE DATE GENERAL TERMS AND CONDITIONS 1. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to Agency, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of Agency or otherwise act on behalf of Agency as an agent. Neither Agency nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of Agency. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold Agency harmless from any and all taxes, assessments, penalties, and interest asserted against Agency by reason of the independent contractor relationship created by this Agreement. In the event that Agency is audited by an Federal or State agency regarding the independent contractor status of consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between Agency and Consultant, then Consultant agrees to reimburse Agency for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold Agency harmless from any failure of Consultant to comply with applicable worker's compensation laws. Agency shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to Agency from Consultant as a result of Consultant's failure to promptly pay to Agency any reimbursement or indemnification arising under this Section 1. 2. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the Agency. 3. Indemnification. Consultant represents that it is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and Agency is relying upon the skill and knowledge of Consultant to perform those serviced and duties. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the Agency and its officers, attorneys, agents, employees, volunteers, successors, and assigns from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. 4. Ownership of Concept Drawings. Except as otherwise provided in the Agreement, all concept drawing and plans provided by Consultant in the performance of this Agreement shall be and remain the property of Agency without restriction or limitation upon its use or dissemination by Agency. 5. Conflict of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. 6. Termination. Agency may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, Agency agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 7. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. The services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but Agency reserves the right, for good cause, to exclude any employee from performing services. 8. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, material status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of Agency relation thereto. Such non-discrimination shall include but not limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applications will receive consideration for employment without regard to race, color, creed, religion, sex, martial status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 9. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of Agency, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 10. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 11. Non-waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by Agency of any payment to Consultant constitute or be construed as a waiver by Agency of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by Agency shall in no way impair or prejudice any right or remedy available to Agency with regard to such breach of default. 12. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day delivery if delivered by hand during Agency's regular business hours or by facsimile before or during Agency's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 13. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 14. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 15. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and Agency. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the Agency will only be valid if approved by the Agency Board and signed by the Executive Director.