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HomeMy WebLinkAboutItem No. 15 Agreement STK Architect, Inc. Diamond StadiumCity Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 19-196 Agenda Date: 6/11/2019 Status: Council Consent Calendar Version: 1 File Type: Council Consent Calendar In Control: Successor Agency Agenda Number: 15) Agreement with STK Architecture Inc., for Diamond Stadium Design and Architectural Services Authorize the Executive Director to execute a Professional Services Agreement for the ADA accessibility and Health Department Code Compliance of Diamond Stadium Concession Stand No. 3 with STK Architecture Inc. in the amount not to exceed $96,075.00 and in the form attached in such final form as approved by Agency Counsel. Page 1 City of Lake Elsinore Printed on 6/1/2023 REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE To:Honorable Mayor and Members of the City Council From:Grant Yates, Executive Director Prepared by: Jason Simpson, Assistant Executive Director Date:June 11, 2019 Subject:PROFESSIONAL SERVICES AGREEMENTFORTHE DIAMOND STADIUM DESIGN AND ARCHITECTURAL SERVICES WITH STK ARCHITECTURE INC.–ADA AND HEALTH CODE COMPLIANCE FOR CONCESSION STAND 3 Recommendation Approve and authorize the Executive Director to execute a Professional Services Agreementfor the ADA accessibilityand Health Department Code Compliance of Diamond Stadium Concession Stand #3 with STK Architecture Inc. in the amount not to exceed $96,075.00and in the form attached in such final form as approved by Agency Counsel. Background Staff has been working closely with Lake Elsinore Storm Management to improve ADA accessibility, and update current building and food serviceareas of Diamond Stadium. This agreement will focus on Concession Stand#3and associated food service areas. It is important in this agreement to bring Concession Stand #3 intocompliance with ADA accessibilitycode requirementsand County Health Department code standards for operational permitting.The remodel will improve ADA accessibility in Concession Stand #3and food service circulation, update appliance and concession equipment that is better aligned with current health department standards and simultaneously improvesballpark menuoptions. Discussion In this agreement re-design of the concession stand #3will include grill andtype I commercial exhaust hood assemblies, concession room pass-through opening, stainless steel cabinets/counter tops, and sales window replacements. All of these will improve the operational and food services for the spectators and create an overall better experience at Diamond Stadium. Food and drink service area major component to the success of the Lake Elsinore Strom and with these needed updates and improvements both ADAand health department requirementsshall be met in these Stadiumareas.A major concertation of this remodel will be STK –CONCESSION STAND 3 –HEALTH DEPT COMPLIANCE June 11, 2019 Page2 the additional food storage and service area for Concession Stand #3. This will include compete accessibility and a service opening to the parking lot side of the concession stand. The architectural services with STK Architecture Inc. will include the major elements associated with the following: SCHEMATIC DESIGN DESIGN DEVELOPMENT CONSTRUCTION DOCUMENTS GOVERNMENTAL PROCESSING(Health Department asNeeded) Fiscal Impact Diamond Stadium Project (CIP Project RDA Z20003) is included in the Fiscal Year 18/19– 23/24Capital Improvement Plan (CIP) budget. The contract amount herein is fully funded with ROPSfunding. Attachments A –Agreement B –STK Architecture Inc.Dated 5/23/2019 STK@BCL@780E3AB2 Page 1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITYOF LAKE ELSINOREAND STK ARCHITECTURE INC. DIAMOND STADIUM DESIGN AND ARCHITECTURAL SERVICES This Agreement for Professional Services (the “Agreement”)is made and entered intoas of June 11, 2019,by and between the Successor Agency of the Redevelopment Agency of the Cityof Lake Elsinore, a municipal cooperation (‘‘Agency") and STK Architecture Inc. ("Consultant"). RECITALS A.The Agencyhas determined that it requires the following professional services: architecturaldesign services for Diamond Stadium. B.Consultant has submitted to Agencya proposal, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to Agency 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.Agencydesires 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 (Exhibit A), subject to the direction of the Agencythrough 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. Consultantshall 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. Consultantshall 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 AgencyManager. Page 2 c.Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and relatedwork 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 ninety sixthousand seventy five dollarsand no cents($96,075.00)without additional written authorization from the Agency. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit Ashall be reimbursed at cost without an inflator or administrative charge. Payment by Agencyunder this Agreement shall not be deemed a waiver of defects, even if such defects were known to the Agencyat the time of payment. 4.Method of Payment. Contractor shall promptly submit billings to the Agency describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor’s bills shall be segregated by project task, if applicable, such that the Agencyreceives a separate accounting for work done on each individual task for which Contractor provides services. Contractor’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. Agencyshall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by Agency staff.. 5.Suspension or Termination. a.The Agencymay 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 Agencysuspends 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 thisAgreement is terminated pursuant to this Section, the Agencyshall 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 Agency. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency, pursuant to Section entitled “Method of Payment” herein. 6.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 Agencyupon payment to Consultant for such work, and the Agency 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 Agencyupon written request. Agency acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the Agency. Agencyfurther agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any Page 3 claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the Agency’s use of such materials in a manner beyond theintended purpose as set forth herein. a.Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for Agencyto 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 computerdiskettes, 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 Agencyis 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 Agency. Agencyshall 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 bythis Agreement shall be at Agency’s sole risk. b.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 Agency, 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 Agency’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any public Agencypertaining 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 Agency. 7.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 Agencyfor 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. 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 AgencyManager, AgencyAttorney, AgencyAuditor or a designated representative of these officers. Copies of such documents shall be provided to the Agencyfor inspection at AgencyHall when it is practical to do so. Otherwise, unless an Page 4 alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. d.Where Agencyhas reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, Agencymay, by written request by any of the above-named officers, require that custody of the records be given to the Agencyand that the records and documents be maintained in AgencyHall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in- interest. 8.Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the Agency. 9.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 Agency, Consultant shall indemnify, defend, and hold harmless Agencyfor 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 Agency. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by Agency, including but not limited to eligibility to enroll in PERS as an employee of Agencyand entitlement to any contribution to be paid by Agencyfor employer contribution and/or employee contributions for PERS benefits. 10.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 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 Agencyor of any Agencyofficial, other than normal agreement monitoring; and b.possesses no authority with respect to any Agencydecision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) Page 5 11.Professional Ability of Consultant. Agencyhas 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. 12.Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13.Licenses. Consultant represents and warrants to Agencythat 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 Agencythat 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 Agencyof Lake Elsinore business license. 14.Indemnity. Consultant shall indemnify, defend, and hold harmless the Agency and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the Agency or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by Agencyof insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 15.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 Agency’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 Page 6 for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’Compensation policies must be received by the Agencyat least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against Agency, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for Agency. 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 Agencya Certificate of Exemption from Workers Compensation Insurance in a form approved by the AgencyAttorney. 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 form 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 performed 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 asbroad 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 annualaggregate 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.The Agency, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. Page 7 ii.This policy shall be considered primary insurance as respects the Agency, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the Agency, including any self-insured retention the Agencymay 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 Agency, its elected or appointed officers, officials, employees or agents. v.Any failure to comply with reporting provisions of the policies shall not affect coverageprovided to the Agency, 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 Agency. c.Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Agency. At the Agency’s option, Consultant shall demonstrate financial capabilityfor payment of such deductibles or self-insured retentions. d.Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to Agencyas evidence of the insurance coverage required herein. Certificates of suchinsurance shall be filed with the Agencyon or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the Agencyat all times during the term of this Agreement. 16.Notices. Any notice required tobe 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 Agency:City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to:City of Lake Elsinore Attn: CityClerk 130 South Main Street Lake Elsinore, CA 92530 Page 8 If to Consultant:STK Architecture Inc. Attn: GV Salts 42095 Zevo Drive Suite A15 Temecula Ca 92590 Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the Agencyand Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 17.Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and Agencyand approved as to form by the Agency Attorney. 18.Assignment and Subcontracting. The parties recognize that a substantial inducement to Agencyfor entering into this Agreement is the professional reputation, experience andcompetence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to Agencyfor 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 Agency. 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 Agency. If Agencyconsents to such subcontract, Consultant shall be fully responsible to Agencyfor all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between Agencyand any subcontractor nor shall it createany obligation on the part of the Agencyto 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.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. 21.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. 22.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 entitledto recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’fees. 23.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 Page 9 thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 24.Execution. 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. 25.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 AgencyManager is authorized to enter into an amendment or otherwise take action on behalf of the Agencyto 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. 26.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, Agencyshall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of Agency, during the term of his or her service with Agency, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 27.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, allactivities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 28.Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, etseq., 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 Agency, 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. 29.Execution. 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. Page 10 IN WITNESS WHEREOF,the parties have caused this Agreement to be executed on the date first written above. “Agency” Successor Agency of The Redevelopment Agency of the City of Lake Elsinore, a municipal cooperation Grant Yates, Executive Director ATTEST: AgencyClerk APPROVED AS TO FORM: AgencyCounsel “CONSULTANT” STK Architecture Inc. GV Salts, COO Attachments: Exhibit A –Consultant’s Initial Proposal EXHIBIT A CONSULTANT’S PROPOSAL [ATTACHED]