HomeMy WebLinkAboutItem No. 30 - Amend. No. 1 PSA Diamond Stadium STK Architecture, Inc.City Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 21-450
Agenda Date: 12/14/2021 Status: Approval FinalVersion: 1
File Type: Successor Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 30)
Amendment No. 1 to the Professional Services Agreement for the Diamond Stadium Design
and Architectural Services with STK Architecture, Inc.
Approve and authorize the Executive Director to execute Amendment No. 1 to the Professional
Services Agreement for the ADA accessibility and Health Department Code Compliance of
Diamond Stadium, Diamond Club Kitchen with STK Architecture Inc. in the amount not to exceed
$53,092.00 in the form attached and in such final form as approved by the Agency Attorney.
Page 1 City of Lake Elsinore Printed on 12/14/2021
REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE
CITY OF LAKE ELSINORE
To: Honorable Chair and Members of the Successor Agency
From: Jason Simpson, City Manager
Prepared by: Brendan Rafferty, Fiscal Officer
Date: December 14, 2021
Subject: Amendment No. 1 to the Professional Services Agreement for the
Diamond Stadium Design and Architectural Services with STK
Architecture Inc.
Recommendation
Approve and authorize the Executive Director to execute Amendment No. 1 to the Professional
Services Agreement for the ADA accessibility and Health Department Code Compliance of
Diamond Stadium, Diamond Club Kitchen with STK Architecture Inc. in the amount not to exceed
$53,092.00 in the form attached and in such final form as approved by the Agency Attorney.
Background
Staff has been working closely with Lake Elsinore Storm Management to improve ADA
accessibility and update the current building and food service areas of the Diamond Club. In
November 2019, the Agency approved a preliminary professional services agreement to assess
and provide design concepts and documentation for the improved ADA accessibility of the
Diamond Club Kitchen. At this time an amendment is needed for the structural, mechanical,
plumbing, and electrical design engineering and documentation of the Diamond Club Kitchen and
associated food service areas. This amendment will ensure additional compliance with ADA
accessibility and code elements required by the County Health Department are sufficiently
addressed and engineered into the final construction documents. The remodel will improve overall
food and beverage service circulation, update appliance and kitchen equipment that is better
aligned with current health department standards, and simultaneously improve Diamond Club
menu options.
Discussion
In this project re-design of the Diamond Club Kitchen will include new operational food preparation
and kitchen layout with ADA assessable work areas, raised ceiling, new wall surfaces, flooring,
lighting, commercial exhaust hood system (with fire prevention, air make-up & exhausting units),
and a reconfiguration of dry storage food areas. All of the existing kitchen appliances will be
replaced with new current technology appliances approved by the health department.
STK Diamond Club Kitchen – Health Department Compliance
December 14, 2021
Page2
Food and drink service is a major component to the success of the Lake Elsinore Strom and with
these needed updates and improvements for both ADA accessibility and health department
requirements shall be met in the Diamond Club kitchen area.
The additional professional services with STK Architecture Inc. will include the major elements
associated with the following:
Additional Architecture Design Documentation
Structural Engineering and Design Documentation
Mechanical, Plumbing, Electrical Engineering
Construction Documents
Administrative Processing (Department As Needed)
Fiscal Impact
Diamond Stadium Project (CIP Project RDA Z20003) is included in the Fiscal Year 21/22 – 25/26
Capital Improvement Plan (CIP) budget. The contract amount herein is fully funded with ROPS
funding.
Attachments
Attachment A – 1st Amendment
Attachment B – STK Architecture Inc. Proposal Dated 10/05/2021
AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF LAKE ELSINORE AND STK ARCHITECTURE INC.
DIAMOND STADIUM DESIGN AND ARCHITECTURAL SERVICES
THIS AMENDMENT No. 1 is made and entered into as of December 14, 2021, by and between
the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, a public body,
corporate and politic established pursuant to Section 34173 of the Health and Safety Code
(“Agency”) and STK Architecture Inc. ("Consultant").
RECITALS
A. The Agency and Consultant entered into a Professional Services Agreement
dated November 12, 2019 the for architectural design services of Diamond Stadium Diamond
Club Kitchen 4/1/2016 (the “Original Agreement”). Except as otherwise defined herein, all
capitalized terms used herein shall have the meanings set forth for such terms in the Original
Agreement.
B. The Original Agreement provided for compensation to Consultant in an amount
not to exceed eighty seven thousand seven hundred fifty dollars and no cents ($87,750.00).
C. The parties now desire to amend the Scope of Services as described in
Consultant’s Proposal for Additional Services attached hereto as Exhibit A-1 and to increase
the compensation as set forth in this Amendment No. 1 to include structural, mechanical,
plumbing, and electrical design engineering and documentation of the Diamond Club Kitchen
and associated food service areas to ensure compliance with ADA accessibility and code
elements required by the County Health Department are sufficiently addressed and engineered
into the final construction documents.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, Agency and Consultant agree as follows:
1. Section 1, Scope of Services, of the Original Agreement is hereby amended to
add the following:
Consultant shall also perform the services described in Consultant’s
10/5/2021 Proposal for Additional Services (attached to this Amendment
No. 1 as Exhibit A-1) subject to the direction of the Agency through its
staff that it may provide from time to time.
2. Section 3, Compensation, of the Agreement is hereby amended and restated
in its entirety to read as follows:
Compensation to be paid to Consultant shall be in accordance with the fees set forth in
Consultants’ Proposal (Exhibit A attached to the Original Agreement) and Consultant’s
Proposal for Additional Services (Exhibit A-1 to Amendment No. 1) which are
incorporated herein by reference. In no event shall Consultant’s compensation for the
Additional services exceed fifty three thousand ninety two dollars and no cents
($53,092.00) for a total not-to-exceed amount of one hundred forty thousand eight
hundred forty two dollars and no ($140,842.00) without additional written authorization
from the Agency. Notwithstanding any provision of Consultant’s Proposal to the
contrary, out of pocket expenses set forth in Exhibits A and A-1 shall be reimbursed at
cost without an inflator or administrative charge. Payment by Agency under this
Agreement shall not be deemed a waiver of defects, even if such defects were known
to the Agency at the time of payment.
3. Except for the changes specifically set forth herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed
by and through their respective authorized officers, as of the date first above written.
“AGENCY”
SUCCESSOR AGENCY OF
REDEVELOPMENT AGENCY FOR THE CITY
OF LAKE ELSINORE, a public body, corporate
and politic
Jason Simpson, Executive Director
ATTEST:
_______
Agency Clerk
APPROVED AS TO FORM:
Agency Attorney
“CONSULTANT”
STK Architecture Inc.
GV Salts, COO
4dilp
October 5, 2021
Jason P. Simpson
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
RE: A/E PROPOSAL FOR ADDITIONAL SERVICES AGREEMENT
DIAMOND STADIUM CLUBHOUSE KITCHEN/BAR REMODEL & DISTILLERY
LAKE ELSINORE, CA
Dear Mr. Simpson:
STK Architecture, Inc. is pleased to submit our Proposal for Additional Services Agreement on
the above-referenced project.
Scope of Work
1.0 Clubhouse Kitchen/Bar/Distillery
1.1 Develop additional as-built information on building (floor plan and interior elevations).
Take field dimensions, photograph interior/exterior, and obtain field dimensions of
existing bar.
1.2 Study existing customer flow pattens and propose new bar layout.
1.3 Layout T.V. location to improve better use.
1.4 Obtain cut sheets of all kitchen, bar and distillery equipment.
1.5 Obtain cut sheets and proposals from two distillery vendors.
1.6 Field verify major steel beams/columns.
1.7 Update ACAD base plans with new information.
1.8 Additional coordination with Structural, MPE and Distillery vendor.
2.0 Fee
2.1 Structural Engineering (ISE)
Fee: $19,045
ARCHITECTURE INTERIOR DESIGN PLANNING
42095 Zevo Drive,Suite A15,Temecula,California 92590-3780 Phone:951/296-9110 Fax:951/296-6079 E-Mail:stk@stkinc.com
Jason Simpson
October 5, 2021
Page 2 of 3
2.2 M/P/E Engineering (Design West)
Remaining Fee: $11,513
Less New Fee: $28,360
Additional Fee: $16,847
2.3 STK
Additional Fee: $17,200
Total Additional Fee: $53,092
3.0 Professional Service Fee
3.1 Work will be performed and invoices issued on a monthly basis. Invoices will be
phased on the percentage of work complete on each of the following phases:
3.2 All invoices are payable upon presentation and fully due within 30 days of invoice
date. Unpaid invoices, over 30 days past invoice date, bear interest at the rate of
1.5% per month, or 18% per year.
For approved hourly services, or if additional services or major changes
are requested after design approval, STK's hourly rate structure is as
follows:
Principal $237/Hr
Associate 171/Hr
Project Manager 149/Hr
Senior Draftsperson 105/Hr
Junior Draftsperson 88/Hr
Administration 66/Hr
Consultants Cost x 1.15
Reimbursables Cost x 1.0
Reimb. Agency Fees Cost x 1.05
3.3 Reimbursable expenses shall include, but not be limited to, all mailing, printing, and
photocopying. These costs will be fully itemized and shall be reimbursed in
accordance with this Proposal. We estimate the reimbursables will be $1,000
3.4 Insurance:
STK maintains general Errors and Omissions Professional Liability Insurance in the
amount of$2,000,000 per occurrence, with an annual aggregate limit of$2,000,000.
Jason Simpson
October 5, 2021
Page 3 of 3
We look forward to assisting you with this project. If you have any questions, or wish to discuss
any of the above information, please do not hesitate to call.
Sincerely,
C7'� � c----
G.V. Salts, Architect, NCARB
COO
Enc.: ISE Proposal
Design West Proposal
k' NNOVATIVE
Proposal for Structural Engineering Services: The Diamond Stadium-Clubhouse&Bar Remodel
Date: September 30,2021 Proposal expires in 30 days on
October 30,2021
Re: The Diamond Stadium-Clubhouse&Bar Remodel
500 Diamond Dr
Lake Elsinore,CA 92530
Client: G.V.Salts
STKArchitects,Inc.
42095 Zevo Drive,Suite A15
Temecula,CA 92590
951-296-9110
gvsalts(@stkinc.com o� ssI
From: Shawn Lathrop,P.E.,S.E.,CEO �2 S� D.L Op
Innovative Structural Engineering,Inc.(ISE) �� y9',
27369 Via Industria No.55627 b m
Temecula,CA 92590 Exp,6/30122
951.600.0032 s
Shawn@ ISEengineers.com �TF — 0 "
OF CPLIF,
1. Proiect Description:
The structural project scope consists of the following:
1.1 Clubhouse&Bar remodel between grids A&C and 2&6
1.2 Create new openings at existing CMU shear walls at Grids 3,5&C
1.3 New remodeled stairs to mezzanine along Grid C
1.4 Scope to include modification of CMU shear walls w/Shotcrete or added steel brace frames at grids 3,5&C
1.5 Existing building structural drawings not available.Non-destructive testing recommended
2. Scope of Services:
Document Preparation&Design:
2.1 Perform site visits to determine structure 2 site visits
2.2 Prepare non-destructive testing program(Xray,etc.)
2.3 Prepare design documents for best approach to shear wall modification
2.4 Prepare construction documents and structural calculations package
2.5 Attend project conference calls/Zoom &local meetings 4.0 hours included
Permit Submittal&Response:
2.6 Respond to plan check corrections/comments 4.0 hours included
2.7 Attend plan check meeting 0 meeting at building&safety
Construction Administration:
2.8 Respond to request for information(RFI's) 12.0 hours included
2.9 Review shop drawings&material submittals 4.0 hours included
2.10 Attend Owner-Architect-Contractor(OAC)site meetings 1 meetings included
2.11 Structural construction observations Per Section 3
2.12 Respond to bidder request for information(RFI's) 1.0 hours included
2.13 Prepare record drawings 0.0 hours included
Total Fee: $ 19,045
ISEengineers.com
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• ... The Diamond Stadium-Clubhouse&Bar Remodel
3. Structural Construction Observations:
Observations of the structure during construction by ISE are not included in the fees shown in Section 2.Observations may be
required by our office,jurisdiction or the client/owner as noted on the construction documents.When observation are
required they will be performed per the rates below:
3.1 Structural construction observation Time&material cost per Section 4
4. Rates for Additional Billable Items:
The following are rates for work performed outside the scope of this contract agreement.After client approval,all additional
services will be invoiced based on the amount of time and material required.The rates expire at the end of each calendar
year.
SCHEDULE OF RATES
Item# Staff Rate
4.1 Owner/Principal Engineer $ 250.0 per hour
4.2 Project Manager $ 175.0 per hour
4.3 Design/Field Engineer $ 125.0 per hour
4.4 Drafter $ 100.0 per hour
4.5 Clerical $ 80.0 per hour
4.6 Meetings not included in Section 2 Billed Hourly
4.7 Expenses:
Printing/Airfare/Rental Car/Lodging Cost+hourly coordination rate
5. Assumptions and Exclusions:
The scope described above is the total scope of work,and any additional work/scope will be considered additional
services to be performed on a time-and-materials basis.Assumptions and exclusions include,as listed below:
5.1 The fee/scope contained herein is based on site meeting on 09/30/2021
5.2 Schematic design includes estimating preliminary structural system,determining major member locations,
estimating sizes&coordinating with team
5.3 Design development includes providing most structural member locations,estimating sizes and coordinating with
team
5.4 Construction documents includes final structural design documents with all relevant structural information shown
and ready for jurisdiction review&bid.
5.5 Miscellaneous site equipment anchorage and ancillary structures are excluded
5.6 MEP rooftop equipment anchorage is included
5.7 Seismic bracing of MEP distribution system is excluded
5.8 Architectural component,fagade&signage attachment is excluded
5.9 Client will provide architectural and mechanical backgrounds drawings for our use
5.10 Opinion of probable cost is excluded
5.11 Architect/Owner revisions are excluded,including excessive revisions during design
5.12 Construction changes or repairs are excluded
5.13 Revisions due to code change is excluded
5.14 Drawings will be prepared with the latest AutoCad software.Revit is excluded unless noted.
5.15 General project notes&material specifications will be provided as part of the structural drawings.Preparation of
project book specifications are excluded unless specifically noted.
5.16 Waterproofing specifications,methods,water collection details,slope,steps,size,locations and
materials/treatment specifications are excluded
5.17 Fireproofing specifications,methods,details,locations and materials/treatment specifications are excluded
ISEengineers.com
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... The Diamond Stadium-Clubhouse&Bar Remodel
7. Construction Documents:
Our office will create structural plans,details and general notes with supporting calculations that meet the requirements of
the latest building code at the time of this proposal.The documents will be provided in electronic file.pdf format.Plan files
are also available in.dwg format for the plan view sheets only as requested.The documents must be approved by the
governing jurisdiction before start of construction.
8. Electronic Files:
8.1 All electronic files used to create the structural documents are the sole property of ISE.If requested by a
subcontractor,the electronic files may be provided for their use. The structural information is not to be revised
or modified from the approved design. The results of the subcontractor's use of our electronic files is not implied
or warranted to match or meet the original design performed by our office.ISE reserves the right to refuse to
provide the electronic files.
8.2 ISE uses architectural electronic drawing files provided to our office by the client.These files are the property of
the architect/engineer of record. Approval to use the files in our drawings must be obtained from the
architect/engineer,by the client or the subcontractor,prior to our office providing our electronic files.
9. Invoicing&Pavmgnt Schedule:
ISE will progress bill for all work performed bi-monthly or at project phase completion.All invoices are due within 30 days
after receipt.
9.1 Disputed Items:Any disputed items on an invoice must be brought to ISE's attention,in writing,within 30 days of
the invoice date. All undisputed items on an invoice are to be paid within 30 days. All items not disputed within
30 days are to be paid in full.
9.2 Failure to Pay:If payment is not received in a timely manner,we reserve the right to interrupt services until
resolved.Any legal fees that result from client's failure to pay for services will be charged to the client's account.
If ISE is unable to collect payment for services,ISE reserves the right to send any and all unpaid accounts to a
collection service.
9.3 Interest on Outstanding Balances:All invoices not paid within 30 days of invoice date are considered past due.All
past due amounts over 60 days of invoice date will be subject to monthly finance charges of 1.5%monthly late
fee(18%APR).
10. Re-Mobilization:
If services under this agreement are commenced and a project delay or hold occurs outside the control of ISE for longer than
3 months,an additional 10%remobilization fee will be required at each occurrence.
11. Termination:
This agreement may be terminated by either party at any time with or without reason or cause.Termination shall be
provided in a written format and effective immediately as dated in the notice.Client shall compensate ISE for all progress
work performed up to date of termination.ISE will provide all documents to said progress within 30 days of termination
notice.
12. Governing Law/Venue/Personal Jurisdiction:
This Agreement shall be governed by and construed in accordance with the domestic laws of the State of California without
giving effect to any choice or conflict of law provision or rule(whether of the State of California or any other jurisdiction)that
would cause the application of the laws of any jurisdiction other than the State of California. The venue of any action
brought under the provisions of this Agreement shall be Riverside County,California,unless the parties to that action agree
to another venue.Each of the parties to this Agreement submits to the personal jurisdiction in the State of California for the
enforcement of this Agreement.
ISEengineers.com
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�Proposal for Structural Engineering Services: The Diamond Stadium-Clubhouse&Bar Remodel
13. Insurance:
ISE carries the following insurance coverage&claim limits each occurrence/aggregate per year.
Insurance Type Claim Limits"
Professional Error& 2 Mil/2 Mil
Omission
Workers Comp 1 Mil/1 Mil
Automobile 1 Mil
14. Attorneys'Fees and Costs:
If a dispute arises over any aspect of this Agreement and an action is filed for the purpose of enforcing this Agreement or
preventing the breach of any provision of this Agreement,for the recovery of damages for an alleged breach,for a
declaration of rights or obligations hereunder,or for any other judicial remedy,the prevailing party(whether at trial or on
appeal)shall be entitled,in addition to such other relief as may be granted,to be reimbursed by the losing party for all costs
and expenses incurred thereby,including,but not limited to,reasonable attorneys'fees and costs for the services rendered
to such prevailing party.
15. Miscellaneous:
15.1 Notices:All notices given pursuant to this Agreement must be made in writing and by certified mail,return receipt
requested,at the addresses identified on page one(1)of this Agreement.
15.2 Binding Agreement:This Agreement shall be binding upon the parties hereto,their respective heirs,successors,
executors,administrators,and assignees.
15.3 Amendment:This Agreement may only be amended in writing and with the express consent of all parties to this
Agreement.Any proposed amendments shall be accompanied by a copy of this Agreement for review and
consideration by all parties to this Agreement.
15.4 Severability:This Agreement constitutes the entire agreement between the parties.Should any provision of this
Agreement be deemed invalid,unenforceable,or in violation of public policy,the remainder of this Agreement shall be
not be affected,and each remaining term and condition shall be valid and enforceable to the extent permitted by law.
15.5 Entire Agreement:This Agreement contains the entire understanding between the parties and supersedes any prior
written or oral agreement between the parties.
15.6 Counterparts:This Agreement may be executed in several counterparts and all counterparts so executed shall
constitute one agreement that shall be binding on all of the parties,notwithstanding that all of the parties are not
signatory to the original or the same counterpart.
15.7 Fax/Mechanical/Stamped Signatures:All fax,mechanical,and/or stamped signatures to this Agreement shall be treated
as original signatures.
16. Indemnity Agreement:
Client shall defend,indemnify and hold ISE harmless,using legal counsel acceptable to ISE,for,from and against all
claims,demands,actions,cost,damages,causes of action,liabilities and expenses,including court costs and attorneys'
fees,arising from or connected in any way with ISE's Scope of Services.Further,ISE and its members,managers,
affiliates,agents,employees and contractors shall not be liable to Client for any claims or damages arising at any time
and from any cause,except to the extent caused by the sole negligence or willful misconduct of ISE and which shall be
limited to no more than the total amount contemplated under this agreement.This indemnity provision and agreement
shall survive termination of this proposal and agreement for structural engineering services.
ISEengineers.com
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ProposalThe Diamond Stadium-Clubhouse&Bar Remodel
17. Force Maieure:
In the event either party shall be delayed or hindered in or prevented from the performance of any act required under
this agreement by reason of strikes,lockouts,labor troubles,acts of God,inclement weather,including unusual periods
of rain,inability to procure materials,failure of power,restrictive governmental law or regulations,riots,insurrections,
war,or pandemics declared by the World Health Organization("Force Majeure"),then performance of such act shall be
excused for the number of calendar days of such delay,and the period for the performance of any such act shall be
extended for a period equivalent to the period of such delay. No delay under this section shall be effective unless
either party shall have notified the other in writing of the delay within 20 days after cessation of the event giving rise to
such delay setting forth the nature of such Force Majeure and the duration of such delay.The provisions of this Section
shall not:(a)operate to excuse prompt payment of monies due;nor(b)be applicable to delays resulting from the
inability of a party to obtain financing or to proceed with its obligations under this Agreement because of a lack of
funrk
18. Dispute Resolution:
In the event of any dispute or disagreement between the parties arising out of this agreement,which cannot be resolved by
mutual agreement of the parties,and mindful of the high cost of litigation,not only in dollars but time and energy as well,
the parties intend to and do hereby establish a quick,final and binding out-of-court dispute resolution procedure to be
followed in the unlikely event any controversy should arise out of or concerning the performance of this agreement.
Accordingly,the parties do hereby covenant and agree as follows:
18.1 Mediation:Any controversy,dispute or claim of whatever nature arising out of,in connection with,or in relation
to the interpretation,performance or breach of this agreement,including any claim based on contract,tort,or
statute,which cannot be settled through negotiation,shall be referred to mediation with a neutral mediator of
the parties'choosing.If within thirty(30)days after service of a written demand for mediation,the mediation
does not result in settlement of the dispute,then any unresolved controversy or claim arising from or relating to
this agreement,or its performance shall be settled using the following arbitration procedure.
18.2 Binding Arbitration:Any controversy,dispute,or claim of whatever nature arising out of,in connection with,or in
relation to the interpretation,performance or breach of this agreement,including any claim based on contract,
tort,or statute,shall be settled by arbitration.Arbitration shall be administered by JAMS Mediation,Arbitration
and ADR Services(JAMS),with an arbitrator of the parties'choosing.Should the parties reach an impasse on the
selection of an arbitrator,each party's chosen arbitrator should then choose a third arbitrator who will hear and
decide the dispute.Regardless of place of residence,the parties agree that the place of arbitration shall be in the
County of Riverside,State of California.The arbitrator shall decide the scope of the arbitration.Should any party
refuse or neglect to appear or participate in arbitration proceedings,the arbitrator shall award to the prevailing
party,as determined by the arbitrator,all the prevailing party's costs and fees."Costs and fees"mean all
reasonable pre-award expenses of arbitration,including arbitrator's fees,administrative fees,travel expenses,out-
of-pocket expenses such as copying costs,telephone costs,witness fees,and attorney's fees.
(a) The arbitrator shall determine which is the prevailing party and shall include in the award that party's
reasonable attorney fees and costs.
(b) As soon as practicable after selection of the arbitrator,the arbitrator or such arbitrator's designated
represented shall determine a reasonable estimate of anticipated fees and costs of the arbitrator and
render a statement to each party setting forth that party's pro rata share of such fees and costs.
Thereafter each party shall,within ten(10)days of receipt of such statement,deposit such sums with
the arbitrator.Failure of any party to make such a deposit shall result in a forfeiture by the non-
depositing party of the right to prosecute or defend the claim which is the subject of the arbitration,
but shall not otherwise serve to abate,stay or suspend the arbitration proceedings.
ISEengineers.com
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R A L a . N* - F R I N C,
'ProposalThe Diamond Stadium-Clubhouse&Bar Remodel
19. Execution:
This Proposal is to be signed by the Client and returned as a notice to proceed. Once signed and accepted by the Client,this
Proposal shall become the Agreement of the parties.A separate letter may be provided as a notice to proceed,in lieu of
signing this Proposal. A copy of this contract and proposal are to be included as an addendum or exhibit in any contract
provided to Innovative Structural Engineering,Inc.for signature
i��tz
September 30,2021
Shawn Lothrop,SE,#S5627-California Date
CEO
Innovative Structural Engineering,Inc.(ISE)
ACCEPTED:
Signature Print Name/Title Date
STK Architects,Inc.
ISEengineers.com
Diamond Stadium Clubhouse and Brewery
Initial
Page 1
it
,,J,) DESIGN NEST ENGINEERING
Date: September 21, 2021
Company: STK Architects
42095 Zevo Drive
Temecula, Ca 92590
Attention: G.V. Salts
Subject: Diamond Stadium Clubhouse and Brewery
Our Proposal #P-2114721
Provide Services of Mechanical, Plumbing and Electrical Construction document design and
specifications for Diamond Stadium Clubhouse and Brewery. Scope is to provide new MEP services to
remodeled kitchen, bar area, upstairs mezzanine and RR's and new services for brewery improvements.
Existing mechanical equipment and electrical service are to be reused and new added as required.
SERVICES INCLUDED
1) Pre-design site visit as required for verification of existing conditions
2) (1) Design meeting(s) at your office as directed
3) (3) Regularly scheduled coordination conference calls
4) Mechanical, Plumbing and Electrical specifications provided on plan sheet
5) Licensed Professional Engineers stamp and signature
6) Completion of applicable governing agency comments (plan check comments)
7) Engineering calculations required to generate HVAC, plumbing and electrical design
8) Mechanical plan(s) including the following:
a) Coordination with existing HVAC equipment serving kitchen and brewhaus. Existing ductwork
and Air distribution to be revised as required for remodel
b) Energy calculations for the mechanical requirements
c) Location of new exhaust fans as required for restroom on mezzanine
d) Location of new exhaust fan as required for Dishwashing equipment and Kitchen Hood.
Hoods to be specified by kitchen consultant
9) Plumbing plan(s) including the following:
a) Schedule of plumbing fixtures
b) Complete plumbing system layout and sizing as required including domestic waste and vent,
domestic water(hot and cold)for remodel area
c) Domestic cold-water connection to brewery equipment as required
d) Point of connection for domestic plumbing as required for new or relocated kitchen
equipment as specified by kitchen consultant
e) Gas piping layout and sizing
412 E.Vanderbilt Way I San Bernardino,CA 92408
Pacific Northwest 425.458.9700 1 Southern California •0. .. D,
Diamond Stadium Clubhouse and Brewery
Initial
Page 2
f) Building utilities points of connection up to 5 feet outside of remodel area
10) Lighting plan(s) including the following:
a) Schedule of lighting fixtures
b) Lighting layout and circuiting
c) Point by Point of lighting foot candle levels
d) Energy code lighting compliance forms
e) Lighting control wiring diagrams
f) Egress lighting layout and circuiting per NEC and local jurisdictions
11) Electrical power plan(s) including the following:
a) Coordination with existing electrical service and panelboards
b) Distribution and branch panel locations
c) Single line diagram
d) Load schedules
e) Panel schedules
f) Convenience receptacle layout and circuiting
g) Kitchen equipment circuiting
h) Voltage drop calculations
i) Electrical connections to low voltage devices as specified by other system designs
j) HVAC and plumbing equipment power connections specified by Mechanical Engineer
12) Signal plan(s) including the following:
a) Coordination with low voltage designer or vendor for pathways, power requirements and
device locations only for telephone, data, security and A/V systems as required
13) Deliverables as follows:
a) Progress sets at the request of client- .pdf electronic files
b) For submission/re-submission to Plan Check- .pdf electronic files
14) Bidding support services:
a) Provide response to RFIs to Architect
b) Provide clarifications and revisions to drawings and/or specifications when required
15) Construction administration support services:
a) Provide response to RFIs to Architect
b) Review and return to the Architect, shop drawings and submittals
i) Submittals will be returned no later than 5 business days unless otherwise
coordinated with the project team. If longer review is needed, DWE will inform the
project team.
c) Final site visit with "punch list"
S a_V E NOT ;N L H)
1) Ansul System design
2) Brewery equipment piping layout and design
3) Design and layout for low temperature refrigeration equipment for walk in cooler and freezer
4) LEED Documentation, Credit Analysis or Credit Templates
5) Commissioning and/or Title 24 acceptance testing services
6) Documenting existing MEP systems beyond major components. Major components consist of HVAC
and Electrical equipment and plumbing fixtures and equipment. If accurate As-Built or record
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drawings are not provided, and additional time is required to verify size and location of ductwork,
plumbing piping, electrical wiring, additional fees will be required.
7) Plumbing utility design and layout beyond 5 feet outside of the building
8) Upgrade to the following existing systems due to inadequate capacity or condition
a) HVAC systems
b) Plumbing utilities
c) Electrical service or panelboards
9) Site improvements
10) Project meetings, construction site visits, or recurring coordination meeting conference calls beyond
those listed in scope
11) Detailed estimate of probable construction cost
12) Revisions to our plans after plan check approval due to changes in design, such as floor plan and site
plan modifications, or additional scope changes
13) Calculation of plan check and/or building permit fees or payment thereof
14) Delivery of plans to City or County agencies
15) Printing of additional sets of drawings other than listed in scope
16) Construction contract bid negotiation process
17) Mechanical, Plumbing or Electrical services for building other than those listed in scope of work
18) Preparation of record/As-Built drawings
19) Preparation of multiple drawings or drawing set for separate construction phasing unless specifically
indicated in Project Scope or Services Included
20)Sub-contracts with any other consultants such as Structural Engineers, or Architects for out-of-scope
work such as equipment platforms and support or site lighting pole base calculations
21)Verifying locations of existing underground utilities which transit the site
22)Temporary power design
23) Load monitoring of existing electrical systems or circuit tracing of existing circuits and feeders
24) Public street lighting, traffic control, street improvements and offsite utilities
25)Arc flash hazard analysis and protective device coordination study
26)Application or documentation for rebate program(s) other than listed in scope
27) Low voltage systems design and equipment specifications including the following:
a) Voice/Data, Network and Intercom systems
b) CCTV and Cable television systems
c) Building and site Fire alarm system
d) Security and Access Control systems
e) Audio/Video and Music/paging systems
Software used to for construction drawings will be based on the following:
AutoCad® version 2019 or later
P ®O"�DIE Y CLIENT
1) Record drawings of existing MEP systems
2) Computer drawings files and associated support files as well as drawing format requirements
3) Catalog cuts and/or number of specific fixtures and/or equipment requested by your office and/or
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owner
4) Requirements of all equipment specified by your office and/or other consultants to be connected to
mechanical, plumbing or electrical system
5) Format for book form specifications including font type, header and/or footer layout
6) Name, address and telephone number of any available project contacts (i.e. additional consultants,
plan check, owner's representative)
7) Restrictions or requirements to the property put in effect through conditional use permits or other
likewise attachments to this property
8) 30-Day load recordings for requested electrical panels intended to be reused and 12 months of
electric utility bills for verification of existing peak demand on main service
9) Civil CAD file with overhead and underground utilities shown
10) PDF and CAD files of required drawings such as electrical, communications and civil
11) Billing schedule for invoicing if specific requirements apply
We propose to provide Mechanical, Plumbing and Electrical Engineering for subject project for the sum
of$28,360.00.
The breakdown of fees is as follows:
Mechanical $7,695.00
Plumbing $8,395.00
Electrical $12,270.00
Total Fee $28,360.00
NOTES
1) Attendance at design meetings, other than listed above, will be performed for the additional fee of
$750.00 per meeting up to two hours. Meeting time in excess of two hours will be billed at $150.00
per hour.
2) Attendance at site meeting(s), other than listed above, will be performed for the additional fee of
$750.00 per trip for up to two hours. Site meeting time in excess of two hours will be billed at
$150.00 per hour.
3) Design West Engineering shall be provided by the client such information as is available to the client
and the clients' consultants and contractors and shall be entitled to rely upon the accuracy and
completeness thereof.
4) Design West Engineering's fees are based on the understanding that the existing utilities and
equipment have adequate capacity unless noted otherwise above. Any additional engineering
required for upgrade will be provided at our regular hourly rates. Any services required during
construction,outside of those listed previously, will be performed at our regular hourly rates.
5) If either party to this contract brings action to enforce this contract, the prevailing party shall
recover its attorney's fees and cost from the losing party.
REIMBURSABLE EXPENSES
The following expenses, if incurred and paid by consultant while rendering services under this
agreement shall be reimbursed by the client:
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1) Reproduction expenses over and above standard design development coordination shall be billed at
$3.00 a sheet
2) Travel expenses for mileage, which shall be billed at $0.58/mile
3) Postage, shipping and handling of any requested expedited delivery
4) Outside services or consultants as required and approved in advance
5) Other such expenses as may be approved in advance
All reimbursable expenses shall be approved in advance. Payment for reimbursable expenses, as
described herein, shall be computed at one and ten hundredths (1.10) times the amounts expended by
the consultant for such services, in the interest of the project.
M� AND CONDITIONS
The following Terms and Conditions will govern all services performed on behalf of Client and are
hereby incorporated into the Engineering Services Fee Proposal.
1) Design Services. Design documents including plans, specifications and reports represent Design
West Engineering's ("DWE")judgment as a design professional with respect to the proper
installation of equipment and components of the work. It is recognized, however, that DWE does not
have control over contractor's proper performance of the work, including but not limited to the
contractors means, methods, techniques, sequences and procedures of construction. Accordingly,
DWE cannot and does not warrant or represent that equipment and components of the work will
not vary from the requirements of the contract documents or comply with applicable codes. DWE
does not perform any work of a contractor and its Design Services are limited to design, plans, and
oversight only. No withholding, deductions or offsets shall be made from DWE's compensation for
any reason unless DWE has been found to be legally liable for such amounts. Payment of DWE's fees
shall be a condition precedent to bringing any action or suit against DWE.
2) Payment. All fees and other charges will be billed to Client monthly and will be due and payable no
later than 30 days after the date of invoice. Payment to DWE will not be withheld, postponed or
made contingent on the construction, completion or success of the project or upon receipt by the
Client of project funds, offsetting reimbursements, or credits from other parties. Client shall pay
DWE upon completion of project. If invoice from DWE has not been provided, Client shall notify
DWE to complete invoicing.
3) Additional Services. Any services not explicitly described as being performed by DWE or its
subconsultants are excluded. If agreed to in writing by Client and DWE, DWE will provide additional
services. Client will pay DWE for such additional services in accordance with DWE's current fee
schedule or as otherwise agreed by Client and DWE in writing.These Terms and Conditions will apply
to all additional services provided by DWE. In the case of additional services added to the
Engineering Fee Proposal, DWE's liability shall be limited to the extent of the additional fee for the
specific additional services added.
4) Professional Standards. Subject to all conditions set forth herein, DWE will only be liable for
breaching its obligation to perform its services to the level of competency maintained by other
practicing engineering professionals in the same or similar community performing the same services
at the same time as they were performed by DWE. DWE makes no warranties, either express or
implied. DWE does not guarantee the completion or quality of performance of contracts by the
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construction contractor or subcontractors, or other third parties, nor accepts responsibility for their
acts, omissions or any safety precautions.
5) Independent Contractor.The relationship of DWE to Client shall at all times be that of an
independent contractor. DWE shall not be liable for the acts of Client or its agents in performing
Work.
6) Document Ownership. DWE holds copyright for all tracings, calculations, and other original
documents produced by DWE and such documents shall be the property of DWE, except when
otherwise provided by law, governmental requirement, or by prior agreement, these documents
become public property or the property of the Client. A limited license is granted to use the
documents for the specific purposes and project covered by the Agreement. Reproduction of these
documents either in hard copy or soft copy (including posting on the web) is prohibited without
copyright permission. No right to create modifications or derivatives of DWE documents is granted
pursuant to this limited license. You may not remove any copyright or other proprietary notices
contained in the documents and information. Any product, process or technology described in the
documents may be the subject of other Intellectual Property rights reserved by DWE.The drawings,
specifications, and reproductions thereof are instruments of service to be used only for the specific
project covered by the Agreement between the Client and DWE. DWE assumes no liability for
misinterpretation, modification, or misuse by others of any instruments of service prepared by DWE
in accordance with its services.
7) Electronic Documents. If DWE provides Client any design documents, including but not limited to
plans and specifications, in electronic form ("Electronic Documents'), acceptance and use of the
Electronic Documents by Client shall be at Client's sole risk and Client will: (a) Waive and covenant
not to sue DWE alleging any inaccuracy or defect in the Electronic Documents; (b) Agree that DWE
makes no representation with regard to the compatibility of the Electronic Documents with Client's
software or hardware; and (c)to the fullest extent permitted by law, indemnify, hold harmless,
reimburse and defend DWE from, for and against any alleged claim, damage, liability, or cost,
including but not limited to attorneys' fees, that may arise from Client's use of the Electronic
Documents or any subsequent modification of the Electronic Documents by any person or entity.
8) Schedule. DWE will perform its services with reasonable diligence consistent with sound professional
practice as ordinarily provided by engineers practicing in the same or similar locality under the same
or similar circumstances. Client will require its other consultants and contractors to incorporate into
their schedule's reasonable periods of time for DWE to perform its services and will require that
they coordinate their services with DWE's services. Client is aware that many factors outside DWE's
control may affect DWE's ability to timely perform and complete its services and Client agrees that
DWE is not responsible for damages arising directly or indirectly from any delays, including but not
limited to liquidated damages.
9) Cost Estimates.Any cost estimates provided by DWE will be based on DWE's professional experience
and judgment. However, Client agrees that DWE has no control over market conditions or bidding
procedures and, as a result, DWE does not warrant that bids or construction costs will not vary from
DWE's cost estimates.
10)Construction Support. If specifically included in the scope of DWE's services, construction support
services will be performed solely for the purpose of reviewing portions of the work for general
conformance with the design concept set forth in the contract plans and specifications. These
services are different from inspection or other quality-control services.The Client shall coordinate
the contractor's involvement in any DWE construction support services and shall provide DWE all
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necessary contracts and documents to perform the same. DWE will not provide any administration
of the contract between the contractor and the Client. DWE is not a contractor and does not provide
the services of a contractor under any circumstances. DWE will not supervise, direct or have control
over any contractor's work, nor will DWE have any responsibility for the means, methods,
techniques, sequences or procedures of construction selected by the contractor, nor will DWE be
responsible for the contractor's safety precautions and programs in connection with the work, nor
will DWE be responsible for the contractor's failure to perform the work in accordance with the
requirements of the contract documents or applicable building or structural codes, nor will DWE be
responsible for the acts or omissions of the Contractor or of any other persons or entities
performing portions of the work, all of which are the sole responsibility of the contractor or its
agents.
11)Submittal Review. DWE will review and render appropriate services on shop drawings, product data,
samples, and other submittals required by the contract documents. Such review shall be solely for
general conformance with the design concept and the information shown on the contract
documents. DWE's review will not include review of the accuracy or completeness of details, such as
quantities, dimensions, weights or gauges, fabrication processes, construction means or methods,
compliance with applicable building or structural codes, coordination of the work of other trades or
construction safety precautions, all of which are the sole responsibility of the contractor. DWE's
review will be conducted with reasonable promptness (no more than 5 business days from when
DWE receives the submittal) while allowing sufficient time in DWE's judgment to permit adequate
review. Review of a specific item shall not indicate acceptance of an assembly of which the item is a
part. DWE will not review and will not be responsible for any deviations from the contract
documents not clearly identified in writing on the submittal by the contractor, nor will DWE be
required to review partial submissions or those for which submissions for correlated items have not
been received.
12)Copyright License. Client hereby irrevocably grants to DWE, its employees, agents, licensees,
independent contractors and assigns the perpetual, assignable, royalty-free, worldwide right and
license to use any photograph depicting property for which DWE performs services ("Content"), in
whole or in part, including the rights to reproduce, sublicense, transfer, publish, distribute, publicly
display, broadcast, download, transmit, modify and prepare derivative works, in any manner or
media now known or later developed,for the marketing and sale of DWE products or services and
for any other business purpose or activity relating to DWE. Client waives any right to inspect or
approve DWE's use of the Content, including written copy that may be created in connection
therewith.
13)Termination for Convenience. Either DWE or Client may terminate this Agreement at any time with
or without cause upon giving the other party seven (T) calendar days' prior written notice. Client
will pay DWE for all services rendered and all costs incurred up to the date of termination, along
with all other reasonable termination costs, including but not limited to expenses directly
attributable to termination for which the Architect is not otherwise compensated, plus an amount
for the DWE's anticipated profit on the value of the services not performed by DWE. If no notice of
termination is given, DWE's obligations created by this Agreement will be terminated upon
completion of the services.
14) Notice of Deficiencies. Client shall provide prompt written notice within thirty (30) days of when
Client becomes aware or should have reasonably been aware of any fault or defect in the project,
including errors, omissions or inconsistencies in the services and work product provided by DWE.
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15) Indemnity. Subject to all provisions of this Agreement and to the fullest extent permitted by law,
Client shall indemnify, hold harmless, reimburse and defend (with counsel of DWE's choice) DWE, its
employees, officers, directors and agents from, for and against all actual or alleged claims, losses,
damages, costs and expenses arising from or related to the work, the Project, or this Agreement
(with the sole exception that Client will have no duty to indemnify DWE from claims or losses to the
extent those claims or losses are caused by the fault or negligence of DWE or its employees as
adjudicated by a court of competent jurisdiction). Under no circumstances shall DWE be liable for
any actual or alleged claims, losses, damages, costs and expenses arising from or related to the
work, fault, or negligence of its subconsultants.
16) Modifications. No change, modification, or amendment to this Agreement will be valid unless agreed
to by both of the parties hereto in writing.
17)Successors and Assigns.This Agreement shall inure to the benefit of and shall be binding upon each
of the parties hereto and such parties' partners, successors, executors, administrators, and assigns.
18)Severability. In the event any clause or portion thereof in this Agreement is deemed invalid or
unenforceable by a court or arbitrator of competent jurisdiction, then that clause or portion thereof
will be treated as if it were omitted at the time of execution, and the remaining terms of this
Agreement shall survive and be enforceable.
19) Dispute Resolution. Client agrees that any claim, damage, or dispute arising out of these Terms and
Conditions, or any services performed by DWE will be resolved by litigation, or, at DWE's
determination, binding, and confidential arbitration before a single arbitrator,in the place where the
project is located. If arbitration is selected, the parties shall mutually select the arbitrator and the
rules applicable to the arbitration process. Unless the parties mutually agree otherwise, the
arbitration shall be administered by the American Arbitration Association in accordance with its
Construction Industry Arbitration Rules in effect on the date of this Agreement. As a condition
precedent to serving a demand for litigation or arbitration, Client agrees that it will obtain a written
certificate executed by an independent design professional with similar experience on similar
projects and licensed in the jurisdiction in which the project is located certifying that DWE failed to
meet the applicable standard of care. Client will provide DWE with a copy of the certificate and all
written analysis supporting the certificate's findings at least 30 days before serving a demand for
litigation or arbitration. Mediation shall be a prerequisite to litigation or arbitration. Client and DWE
agree that any party hereto shall commence all claims and causes of action within the period
specified by applicable law but in any case, not more than Seven (7) years after the date of
substantial completion of the project. Client and DWE waive all claims and cause of action not
commenced or noticed in accordance with the time periods in this section.
20)Governing Law: The laws of the State that the project is constructed will govern the validity of this
Agreement, its interpretation and performance. Any dispute arising in any way from this Agreement
shall be subject to the jurisdiction of the courts of that State.
21)Client's Terms. Any terms and conditions set forth or referenced in Client's purchase order,
requisition, or other notice of authorization to proceed are inapplicable to the services provided
under this proposal or any related agreement, except when specifically accepted or confirmed in
writing and signed by DWE.
22) No Third Party Beneficiaries. DWE's responsibilities under this Agreement run only to Client. DWE's
responsibilities do not extend to any third party including, without limitation, the successors and
assigns of Client, any Client's Association or any individual unit owner associated with Client. To the
fullest extent permitted by law, no party has any third-party beneficiary or other rights arising from
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or related to the services provided by DWE.
23) Limitation of Liability. Client agrees that, in recognition of the relative risks and benefits of the
project, DWE's aggregate joint, several and individual liability, whether for breach of contract,
breach of warranty, negligence, professional malpractice, strict liability or otherwise will be limited
to an amount no greater than $1 million or DWE's fee, whichever amount is lesser.This provision
will survive the termination or expiration of this Agreement.
24) Limitation of Remedy. Client covenants that it will not, under any circumstances, bring a lawsuit,
arbitration demand, or claim of any kind against DWE's individual employees, officers, directors, or
agents and that Client's sole remedy will be against DWE, Inc.
25)Waiver of Consequential Damages. Neither DWE nor any of its officers, directors, employees or
agents will be liable for any indirect, punitive, consequential, liquidated, or exemplary damages of
any nature, including but not limited to fines, penalties or lost profits, whether said claim is based
upon contract, warranty, tort (including negligence and strict liability) indemnity or any other theory
of law, and the Client expressly waives all rights and remedies with respect to the same.
26) Entire Agreement. This Agreement contains all terms and conditions agreed on by the parties
hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement,
shall be deemed to exist, or bind any of the parties hereto.
If above stated terms are agreeable, please sign and return one copy of this proposal to our office. If
this agreement is not signed and returned and we are asked to proceed with the project, all conditions
contained herein shall constitute a contract for services. Design West Engineering reserves the right to
revise the fee stated herein if not accepted within a period on 60 days from the date of the proposal.
We appreciate the opportunity to work with you on this project. We look forward to your response.
Respectfully,
Adrian J cquez
DESIGN WEST ENGINEERING Bill To:(If different from client listed on proposal)
Accepted by(Sign): Company:
Accepted by(Print): Name:
Date: Address:
Client Job Number: Email:
DWE Proposal Number: P-2114721 Phone:
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