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HomeMy WebLinkAboutItem No. 08 - PSA STK Architecural Services City Corporate FacilityCity Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 22-095 Agenda Date: 3/8/2022 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 8) Professional Services Agreement with STK Architecture, Inc. for Architectural Services for the City Corporate Facility 1.Approve a Professional Services Agreement by and between STK Architecture, Inc. and the City of Lake Elsinore in an amount not to exceed $964,712 for architecture services related to the schematic design phase, design development phase, and construction document phase for the City Hall Facility and authorize the City Manager to execute the agreement in substantially the form attached and in such final form as approved by the City Attorney; and 2.Authorize the City Manager to approve change orders up to 10% of the agreement in the amount of $96,471.00. Page 1 City of Lake Elsinore Printed on 3/4/2022 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared by: Jason Simpson, City Manager Date: March 8, 2022 Subject: Approve and authorize the City Manager to Execute a Professional Services Agreement for Architectural Services for City Hall Facility Recommendation 1. Approve a Professional Services Agreement by and between STK Architecture, Inc. and the City of Lake Elsinore in an amount not to exceed $964,712 for architecture services related to the schematic design phase, design development phase, and construction document phase for the City Hall Facility and authorize the City Manager to execute the agreement in substantially the form attached and in such final form as approved by the City Attorney. 2. Authorize the City Manager to approve change orders up to 10% of the agreement for $96,471. Background and Executive Summary The existing City Hall Facility requires major repairs and upgrades for Americans with Disabilities Act (ADA) compliance, mechanical, electrical, and security systems. There are four separate buildings with adjoining modifications comprising City administrative offices. Previous efforts have exhausted expansion possibilities as current office spaces are insufficient. Over the past several months staff has been working with STK Architecture, Inc. to develop and provide a conceptual design of a new City Hall facility. Several major considerations paramount to optimal space utilization, the catalyst for redevelopment, and the business incubator for Main Street have driven the design concept to unparalleled limits. At every opportunity, the architectural conceptual design capitalizes on existing City-owned properties fronting Main Street and building elevations with Agreement STK Architectural Services March 8, 2022 Page 2 emerging views of the lake. With a focused attainment of economic improvement on Main Street, opportunities rarely evolve for cities to capitalize on such an endeavor. Below is a list of only a few features that will quickly gain and sustain public tributes. 3 Story Facility Approximately 35,000 Square Feet Sufficient Administrative Space Brick Exterior Finishes Connection with Undergrounding Utilities Floor to Ceiling Glazing Council Chambers Security Elements With Metal Detection Expansive Lobby/Counter ADA Accessibility Throughout Interiors that Open to Large Outdoor Areas Large Multipurpose Spaces Connection to Existing City Hall Future Retail Spaces All of these amenities and more will provide the needed space to centralize and effectively administer City operations. The opportunities are great, as every effort is centered on maximizing the positive impacts on the Historic Downtown and Main Street businesses and creating a civic and entertainment destination to expand and promote local economic development. Discussion This agreement contains both the architectural and structural engineering design documentation for all construction requirements. Below are the elements within the proposed scope of services:  Schematic Plan With Structural System Design  Structural Calculations  Construction Structural Details  Footing and Concrete Plan Development  Construction Elevations  Detailed Floor and Roof Plans  Interior and Exterior Finishes  Proposed Title 24 Requirements  Proposed Lighting Package  Outside and Governmental Processing (Water District, So Cal Edison, The Gas Company) In conclusion, the development of construction documentation will begin immediately upon approval of this action. Agreement STK Architectural Services March 8, 2022 Page 3 Fiscal Impact The combined architectural and structural engineering professional service fees are set at $964,712 and listed below: Architectural Fee $789,712 Structural Engineering Fee $175,000 Total $964,712 Additional professional engineering services (Civil, Electrical, Mechanical, and Geotechnical) will be negotiated and contracted by staff in separate actions. The services will be funded with available development impact fees. Attachments Attachment A – Agreement Attachment B – STK Architecture Inc. Dated 2/25/2022 @BCL@BC136AF8 Page 1 AGREEMENT FOR PROFESSIONAL DESIGN SERVICES STK Architecture, Inc. City Hall Facility This Agreement for Professional Services (the “Agreement”) is made and entered into as of March 8, 2022, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and STK Architecture, Inc., a corporation ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: Corporate Facility Architectural Services B. Consultant has submitted to City a proposal, dated February 28, 2022, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. Page 2 c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A). 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed Nine Hundred Sixty-Four Thousand Seven Hundred and Twelve dollars ($964,712.00) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the saf ety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker. 6. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein. Page 3 7. Plans, Studies, Documents. a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third- party requests of Consultant shall be immediately referred to City, without any other actions by Consultant. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant ’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Consultant’s Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. Page 4 b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest. 9. Independent Contractor. a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agr ee to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered Page 5 by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise. 13. Compliance with Laws. a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members. b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license. 14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 15. Indemnity. a. Indemnification for Professional Liability. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred Page 6 by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-consultants of Consultant. Consultant shall not be liable to third parties for any liability exempted by statute. c. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant 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 here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section. 16. Insurance Requirements. a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies. i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certif icate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. Page 7 ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence f orm CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be per formed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language: i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. Page 8 ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials , employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: STK Architecture, Inc. Attn: GV Salts 42095 Zevo Drive Suite A15 Temecula, CA 92590-3780 Page 9 18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees. 21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediat ion, either party may commence litigation. 22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during th e term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Page 10 24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal. 30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page] Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. “CITY” CITY OF LAKE ELSINORE, a municipal corporation City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Director of Administrative Services “CONSULTANT” STK Architecture, Inc., a Corporation By: GV Salts Its: Architect, NCARB Attachments: Exhibit A – Consultant’s Proposal Exhibit B – List of Subcontractors EXHIBIT A EXHIBIT A CONSULTANT’S PROPOSAL [ATTACHED] EXHIBIT B EXHIBIT B LIST OF SUBCONTRACTORS [ATTACHED] February 25, 2022 Jason Simpson, City Manager City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 RE: A/E PROPOSAL FOR SERVICES COMMERCIAL BUILDING (CORNER OF MAIN AND GRAHAM) LAKE ELSINORE, CA Dear Mr. Simpson: STK Architecture, Inc. is pleased to submit our Proposal for Services on the above-referenced project. 1.0 Scope of Project 1.1 Provide a design for an approximate 35,000 S.F. 3-story building with the following amenities: A. Open two story glass entrance steel moment frame with wood stud walls/roof. B. Fire engine in lobby. C. Sliding glass entrance doors with metal detectors. D. Interior elevator. E. Public counters. F. Council Chambers on 3rd floor with view of Lake. Provide bi-folding doors. G. Use red thin brick on exterior walls. H. Restrooms. I. Conference Room. J. Assist with coordination of MPE Engineering. (MPE and Civil Engineering by Owner.) K. Coordinate Structural Engineering. L. Coordinate connection to existing City Hall. Jason Simpson February 24, 2022 Page 2 of 4 M. Owner to select all interior finishes. N. STK to design connection/doorway to existing city hall on the first floor and the second floor. (The Owner will provide the elevations of the first floor, second floor and all four corners of the roof elevations.) 1.2 The Fee includes complete plans and specifications as approved by the City of Lake Elsinore. Service during the Construction Administration phase shall be in conformance to AIA Form B101 (Standard Form of Agreement between Owner & Architect). 1.3 Consultants provided with this scope to include Structural Engineering. (The MPE Engineering and Civil Engineering is by Owner.) 1.4 Our scope of work for the site plan is to develop a design incorporating the existing parking lot to the east. 1.5 For construction observation, it is anticipated that the Architect will conduct 10 site visits (based on a twelve month construction schedule) plus a punch list and final review meeting. 1.6 Anticipated design meetings (12 meetings) between the Architect and the City are included. 1.7 STK’s Construction Administration services will include the following: A. One meeting per month to document the construction. B. Shop drawing review/approval. C. Coordinate STK’s consultants. D. Coordinate with City Departments and City Project Manager. E. As-builts will be provided on disc in ACAD. F. The construction drawings will take 5-6 months to complete. 1.8 Exclusions – The following items are not included in the fee: A. Topographic map B. Wet and dry utilities C. CEQA/CUP application D. SWPPP E. Geotechnical report, soil compaction testing, and material testing F. FFE/appliances Jason Simpson February 24, 2022 Page 3 of 4 G. Mechanical, Plumbing, Electrical Engineering, Interior Finishes and Interior Elevations/Details – by Owner H. LEED I. Commissioning J. Low voltage design K. Fees and permits L. Finish & Schedule door schedule. (STK will show only finishes and doors required by code.) 1.9 STK will provide multiple Bid sets for a multi-prime type project. 1.10 Additional services will be billed on an hourly basis per the attached hourly rate schedules. 1.11 The Preliminary Project Schedule is based on the following: A. Design Phase – March 2022-August 2022 B. Bid and Award Phase – September/October 2022 C. Notice of Construction Award – October 2022 D. Begin Construction – October 2022 E. Complete Construction – November 2023 F. Occupancy – January 2024 2.0 Professional Service Fee 2.1 STK proposes the following: Architect $769,712 Plus Reimbursables +$20,000 Subtotal $789,712 Structural Engineering 175,000 Total $964,712 Jason Simpson February 24, 2022 Page 4 of 4 2.2 The proposed Fee Schedule breakdown would be as follows: Schematic Design Phase 25% $236,178 Design Development Phase 25% $236,178 Construction Document Phase 45% $425,120 Bidding/Negotiation and Construction Admin Phase 5% $47,236 Plus Reimbursables $20,000 Total (or 3.65% of $26.42 Million) $964,712 2.3 The Fee will be invoiced monthly, based on the percentage of work completed, plus any reimbursable expenses. For budget purposes, miscellaneous reimbursable expenses will be approximately $20,000. 2.4 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. 2.5 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. Travel expenses outside of the Southern California Region (if any) will also be reimbursable at the above rates. 2.6 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. If you have any questions regarding this Proposal, or wish to discuss specifics in detail, please do not hesitate to call me. Sincerely, ` G.V. Salts Architect, NCARB C-22977 Attachments: R.M. Byrd and Assoc. – Proposal STK Hourly Billing Rates Concept Floor Plan and Perspectives W:\Officedocuments\PROPOSAL\30\30-Lake Elsinore Commercial Bldg.docx February 4, 2022 STK Architects 42095 Zevo Drive, Suite A15 Temecula, CA 92590 Attention: GV Salts Subject: Proposal for Structural Services Lake Elsinore Commercial Building Dear Mr. Salts, Thank you for considering R.M. BYRD and ASSOCIATES, INC. for the subject job. We will perform our structural services as outlined: 1.0 SCOPE OF SERVICES: 1.1 Project Description: New three story building in Downtown Lake Elsinore, with approximate square footage of 35,000 sf, including open/deck areas. Project as depicted on the enclosed schematic plans. Probable structural system to be of special moment resisting steel frame with conventional foundation. 1.2 Structural Engineering Services: Our basic services are as outlined: 1.2.1 Schematic Design a) Establish Structural Design Criteria b) Prepare Studies of Alternative Structural Systems c) Assist in Selection of Structural Systems d) Provide Structural Criteria for Geotechnical Consultant e) Consult with Public Agencies f) Suggest Possible Changes to Effect Savings g) Prepare Schematic Design Documents 1. Prepare Preliminary Structural Design Calculations for Typical Elements 2. Prepare Preliminary Foundation Drawings 3. Prepare Preliminary Framing Layout Drawings 4. Prepare Typical Detail Sheet(s) h) Attend One Meeting as Required 1.2.2 Design Development a) Attend 1 Meeting b) Prepare Preliminary Design Drawings 1. Prepare Preliminary Structural Design Calculations for Typical Elements 2. Prepare Preliminary Foundation Drawings W:\Officedocuments\PROPOSAL\30\30-Lake Elsinore Commercial Bldg.docx 3. Prepare Preliminary Framing Layout Drawings 4. Prepare Typical Detail Sheet(s) c) Prepare or Edit Outline Specifications for Structural Items d) Submit Design Development Documentation for Approval 1.2.3 Construction Documents a) Prepare Structural Design of Primary Structural System b) Review Effects of Secondary or Non-Structural Elements Attached to Primary Structural System c) Attend Local Meetings (1) Total d) Assist in coordination with Building Code Official (and/or Peer Reviewer) e) Complete Structural Calculations f) Complete Structural Drawings g) Prepare or Edit Specifications for the Primary Structural System (Architect to Supply Specification Sections) h) Assist in Establishing Testing and Inspection Requirements i) Perform Checking and Coordination of the Structural Documents j) Make Revisions to Construction Documents as Required by Building Official (and/or Peer Reviewer) 1.2.4 Bidding or Negotiation Phase a) Provide Structural Addenda and Clarifications 1.2.5 Construction Phase – Administration of the Construction Contract a) Review Submittals Applicable to SER b) Advise Client and Contractor Which Structural Elements Require Construction Observation by SER c) Make Site Visits in Intervals Appropriate to the Stages of Construction. Perform 4 Visitations d) Prepare Site Visit Reports e) Provide Interpretations of Structural Construction Documents 2.0 TERMS AND CONDITIONS 2.1 Work will be performed and payment received in the following phases: Schematic Design 10% Design Development 25% Construction Document 45% Bidding 5% Construction Administration 15% This proposal is valid for sixty days from the date of the proposal. Construction Document Phase is billed monthly in levels of completion. 2.2 Exclusions: Services not set forth above as basic services in section 1.2 of this agreement are specifically excluded from the scope of the Consultant’s services. The Consultant assumes no responsibility to perform any services not specifically listed in the basic services as outlined in section 2.1. W:\Officedocuments\PROPOSAL\30\30-Lake Elsinore Commercial Bldg.docx Unless specifically identified in the scope of services, special foundation requirements such as piles, caissons, mat foundations, expansive soil mitigation, etc., are excluded from the scope of services. 2.3 Additional Services: If revisions are generated by the owner, they will be paid for as additional services in accordance with our current schedule of charges, or as a lump sum fee, with Architect approval prior to proceeding. 2.4 Coordination Set Requirements: Client shall provide to the Structural Engineer a complete printed set with the work of all disciplines (half size acceptable) at the following phases: – Agency Approved Set for Construction (All Disciplines) 2.5 Print Charges and Reimbursables: Prints for progress and coordination are included expenses. Multiple sets and bid sets shall be prepared by others, or shall be considered a reimbursable expense. Standard postal delivery is included. Express mail is a reimbursable expense. See schedule of charges for additional expenses as applicable. 3.0 COMPENSATION/CONSIDERATION 3.1 Outlined services for the base 35,000 sf project will be provided for a proposed lump sum fee of One Hundred Seventy Five Thousand Dollars ($175,000), structured per 2.1 of terms and conditions. Should you have any questions, or require additional information, please do not hesitate to contact our office. Sincerely, Rick Byrd, S.E. President SCHEDULE OF CHARGES FOR STRUCTURAL ENGINEERING SERVICES The fees for our services will be based on the schedule of charges as outlined below. All fee quotations are applicable for a period of ninety days from the date of the proposal to which the schedule is attached. PERSONNEL Professional: Structural Designer $125.00/Hr Project Engineer $175.00/Hr Project Manager $205.00/Hr Principal $275.00/Hr Sub-Professional: Clerical $85.00/Hr Draftsperson $105.00/Hr Structural Draftsperson $135.00/Hr Chief Draftsperson $175.00/Hr These rates apply to regular time and travel time in the United States. A maximum travel time of eight hours will be charged in any one day. Overtime, if required in the interest of the project, will be charged at the above rates for professional personnel and at 1.25 times the above rates for sub-professional personnel. Overtime will also apply to time in excess of eight hours per day, and all time on Saturdays, Sundays, and Holidays. REIMBURSABLE EXPENSES Outside services performed by others, and direct expenses incurred on the client ’s behalf, are charged at 1.0 times our cost. Such items include but are not limited to outside consultants, specification writers, cost estimators, non-reusable equipment, blueprinting, long distance communications, subsistence, lodging, transportation charges, auto rental and freight. INSURANCE Byrd and Associates maintains general Errors and Omissions Professional Liabili ty Insurance in the amount of $2,000,000 per occurrence with an annual aggregate limit of $2,000,000, and is subject to limitations, if applicable, as stipulated in the contract or letter of agreement. In the event the client desires additional coverage, we will upon written request of the client, obtain additional coverage if possible, at the client’s expense. STK ARCHITECTURE, INC. HOURLY AND REIMBURSABLE RATES February 2022 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 1.00 Reimb. Agency Fees .................... Cost x 1.05 DN UPDNUP AREA LEGEND ADD ALT "A" ENCLOSED AREA BASE BLD'G ENCLOSED AREA BASE BLD'G OPEN / DECK AREAS 11154 SF BASE BLD'G ENCLOSED AREA 3143 SF ADD ALT "A" ENCLOSED AREA 1914 SF BASE BLD'G OPEN / DECK AREAS 3141 SF ADD ALT "A" ENCLOSED AREA 10055 SF BASE BLD'G ENCLOSED AREA AREA LEGEND ADD ALT "A" ENCLOSED AREA BASE BLD'G ENCLOSED AREA 10091 SF BASE BLD'G ENCLOSED AREA 3223 SF ADD ALT "A" OPEN / DECK AREA 2116 SF BASE BLD'G OPEN / DECK AREAS AREA LEGEND ADD ALT "A" OPEN / DECK AREA BASE BLD'G ENCLOSED AREA BASE BLD'G OPEN / DECK AREAS SHEET NO.: SHEET TITLE: DATE: SCALE: PROJECT NO.: SHEET INFORMATION: ISSUE INFORMATION: DATE: INFORMATION: PROJECT NAME: PROJECT FOR: CONSULTANTS: SEAL: 42095 Zevo drive, Suite A15 Temecula, California 92590-3780 Phone 951.296.9110 Email: stk@stkinc.com CITY OF LAKE ELSINORE130 SOUTH MAIN ST. LAKE ELSINORE, CA 92530 DATE: SCALE: PROJECT NO.: SHEET INFORMATION: COMMERCIAL BUILDING 100 SOUTH MAIN ST. LAKE ELSINORE, CA 92530 2/20/2020 PRELIMINARY DESIGN PRELIMINARY DESIGN1/16" = 1'-0" AREA PLANS A106 Issue Date 1/16" = 1'-0"1 Level 1 1/16" = 1'-0"2 Level 2 ADD ALT "A" AREAS Name Area Level 1 ADD ALT "A" ENCLOSED AREA 3143 SF Level 2 ADD ALT "A" ENCLOSED AREA 3141 SF Level 3 ADD ALT "A" OPEN / DECK AREA 3223 SF 9507 SF 1/16" = 1'-0"3 Level 3 BASE BUILDING AREAS Name Area Level 1 BASE BLD'G ENCLOSED AREA 11154 SF BASE BLD'G OPEN / DECK AREAS 1914 SF Level 2 BASE BLD'G ENCLOSED AREA 10055 SF Level 3 BASE BLD'G ENCLOSED AREA 10091 SF BASE BLD'G OPEN / DECK AREAS 2116 SF 35331 SF