DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584
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
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.
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
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.
Time of Performance.
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).
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.
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DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 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.
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.
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 safety 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.
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 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.
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. 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.
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 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.
Independent Contractor.
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 agree 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.
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
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 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
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 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.
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 Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 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 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.
ill. 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 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.
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:
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.
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 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. ili. 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.
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.
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.
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
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 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.
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.
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 mediation, 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 the 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.
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.
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584
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.
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]
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
"CITY" "CONSULTANT"
CITY OF LAKE ELSINORE, a municipal STK Architecture, Inc., a Corporation corporation
-DocuSigned by:
- DocuSigned by:
Shannon Buckley • 2E2C882AB34145F.
-678FB35A1E42495...
Acting City Manager By: GV Salts
Its: Architect, NCARB
ATTEST:
- DocuSigned by:
2941B149748C400.
City Clerk
APPROVED AS TO FORM:
- DocuSigned by:
Barbara Leibold
A5086D9096AF48C
City Attorney
- DocuSigned by:
Shannon Buckley
- 678F835A1F42495.
Director of Administrative Services
Attachments: Exhibit A - Consultant's Proposal
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584
EXHIBIT A
CONSULTANT'S PROPOSAL
[ATTACHED]
EXHIBIT A
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 STK
ARCHITECTURE, INC.
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.
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 Jason Simpson
February 24, 2022
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 AlA 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.
•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
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 Jason Simpson
February 24, 2022
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
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
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 Jason Simpson
February 24, 2022
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 5% $47,236
Admin Phase
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,
GV. SIt
•
G. V. Salts
Architect, NCARB
C-22977
Attachments:
R.M. Byrd and Assoc. - Proposal
STK Hourly Billing Rates
Concept Floor Plan and Perspectives
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 LL R.M. BYRD and Associates, Inc.
L Consulting Structural Engineers
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 d) Provide Structural Criteria for Geotechnical Consultant e) Consult with Public Agencies
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 Sheets)
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 1047 West Sixth Street, Suite A, Ontario, California 91762-2222 Phone: 909-983-5599 Fax: 909-983-4456 DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584
3. Prepare Preliminary Framing Layout Drawings
4. Prepare Typical Detail Sheets)
c) Prepare or Edit Outline Specifications for Structural Items 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
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 c) Make Site Visits in Intervals Appropriate to the Stages of Construction. Perform 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 DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 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.
Sincer
naha
Rick Byrd, SE.
President
W: Officedocuments PROPOSAL\30 30-Lake Elsinore Commercial Bldg.doex DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584
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
oject Engines $175.00/Hr
roject Manag $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
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 Liability 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.
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 STK
ARCHITECTURE, INC.
EST. 1969
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 × 1.05
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 ACORD® DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE
10/18/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements).
Cornerstone Specialty Insurance Services, Inc. PHONE NO, Ext): (714) 731-7700 AC. No): (714) 731-7750
(A/C.
14252 Culver Drive, A299 E-MAIL
[email protected]
ADDRESS:
INSURERS) AFFORDING COVERAGE NAIC #
Irvine CA 92604 Continental Casualty Company 20443
INSURER A :
INSURED Property & Casualty Insurance Co of Hartford 34690 INSURER B:
STK ARCHITECTURE, INC. INSURER C: Aspen American Insurance Company 42095 Zevo Dr., Ste. A15 INSURER D:
INSURER E:
Temecula CA 92590 INSURER F:
COVERAGES CERTIFICATE NUMBER: 21/22 COVERAGES REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR [ADDL SUBR
LTR TYPE OF INSURANCE POLICY NUMBER LIMITS
INSD WUD
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X OCCUR DAMAGE TO RENTED $ 1,000,000
CLAIMS-MADE PREMISES (Ea occurrence)
X ADDTL INSURED / P&NC MED EXP (Any one person) $ 10,000 X BLNKT WVR OF SUBRO Y 2025343649 05/25/2021 05/25/2022 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2.000,000 "PRO. LOC
POLICY PRODUCTS - COMP/OP AGG $ 2.000.000
OTHER:
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
(Ea accident)
ANY AUTO BODILY INJURY (Per person)
A OWNED SCHEDULED 2025343649 05/25/2021 05/25/2022 BODILY INJURY (Per accident)
AUTOS ONLY AUTOS
X HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident)
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000
A EXCESS LIAB Y 2095603542 05/25/2021 05/25/2022 $ 3,000,000
CLAIMS-MADE AGGREGATE
DED X RETENTION $ 10,000
WORKERS COMPENSATION X STATUTE T TOTH
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE 05/25/2021 05/25/2022 EL. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/ A Y 72WECAC4AFK
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMITS 1.000.000 Each Claim: $2,000,000
Calms Mal Liabily AAAE100766-02 05/25/2021 05/25/2022 Annual Aggregate: $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lake Elsinore ACCORDANCE WITH THE POLICY PROVISIONS 130 S. Main Street
AUTHORIZED REPRESENTATIVE
Lake Elsinore CA 92530 Tina Covie
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 CNA
INSURED: STK Architecture, Inc. POLICY PERIOD: 5/25/2021 - 5/25/2022 POLICY NUMBER: 2025343649
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED WITH PRODUCTS-COMPLETED
OPERATIONS COVERAGE AND BLANKET WAIVER OF
SUBROGATION / AGGREGATE LIMIT (PER PROJECT)
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
1. Blanket Additional Insured with Products-Completed Operations Coverage and Blanket Waiver of Subrogation
A. Who Is An Insured is amended to include as an insured, any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement, but the written contract or written agreement must be:
1. Currently in effect or becoming effective during the term of this policy; and
2. Executed prior to the:
a. "Bodily injury" or "property damage"; or
b. Offense that caused the "personal and advertising injury;" for which the additional insured seeks coverage.
B. The insurance provided to the additional insured is limited as follows:
1. That person or organization is an additional insured only with respect to such person or organization's liability for:
a. "Bodily injury", "property damage" or "personal and advertising injury to the extent caused by:
(1) Your acts or omissions; or
(2) Acts or omissions of those acting on your behalf;
in the performance of your ongoing operations specified in the written contract; or b. "Bodily injury" or "property damage" to the extent caused by "your work" specified in the written contract or written agreement and included in the "products-completed operations hazard", but only (1) The written contract or written agreement requires you to provide the additional insured such coverage; and
(2) This Coverage Part provides such coverage.
2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations.
3. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services, including:
SB300176D17 (6-16)
Copyright, CNA All Rights Reserved.
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 CNA
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as a construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager.
4. This insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of construction or demolition work while you are acting as a construction or demolition contractor.
C. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3., and replace them with the following:
2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis. But if required by the written contract or written agreement, this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured.
When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" if no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
(b) The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.
D. Additional Insured - Extended Coverage
When an additional insured is added by this or any other endorsement attached to this Coverage Part, Who Is An Insured is amended to make the following natural persons insureds.
If the additional insured is:
a. An individual, then his or her spouse is an insured; b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limited liability company, then its members and managers are insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are additional insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations.
Please see the Estates, Legal Representatives and Spouses provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person insureds.
E. Blanket Waiver of Subrogation
The condition entitled Transfer of Rights of Recovery Against Others To Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraph 2. and replace it with the following:
2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make SB300176D17 (6-16)
Copyright, CNA All Rights Reserved.
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 CNA
for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products-completed operations hazard."
2. Amendment- Aggregate Limits of Insurance (Per Project) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A.1., and for all medical expenses caused by accidents under Coverage A.2., which can be attributed only to ongoing operations at a single construction project:
1. A separate Construction Project General Aggregate limit applies to each construction project. The Construction Project General Aggregate limit is equal to the amount of the General Aggregate limit shown in the Declarations.
2. The Construction Project General Aggregate limit is the most we will pay for the sum of all damages payable under Coverage A.1., except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard," and for medical expenses payable under Coverage A.2. regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits."
3. Any payments made under Coverage A.1. for damages or under Coverage A.2. for medical expenses shall reduce the Construction Project General Aggregate limit for the applicable construction project.
Such payments shall not reduce the General Aggregate limit shown in the Declarations nor shall they reduce any Construction Project General Aggregate limit applicable to other construction projects.
The limits shown in the Declarations for Liability and Medical Expenses, Damage to Premises Rented to You, and Medical Expenses continue to apply. However, instead of being subject to the General Aggregate limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate limit.
B. All:
1. Damages because of "personal and advertising injury", regardless of the number of construction projects involved;
2. Damages under Coverage A.1. which cannot be attributed solely to ongoing operations at a single construction project, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and
3. Medical expenses under Coverage A.2. caused by accidents which cannot be attributed solely to ongoing operations at a single construction project;
will reduce the General Aggregate Limit shown in the Declarations, and shall not reduce any Construction Project General Aggregate Limit.
. When coverage for liability arising out of the "products-completed operations hazard" is provided, an ayments for damages because of "bodily injury" or "property damage" included in the "products-complete operations hazard" will reduce the Products/Completed Operations Aggregate limit, and not reduce the D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project.
E. The provisions of the Limits Of Insurance section not otherwise modified by this endorsement shall continue to apply as stipulated.
All other terms and conditions of the Policy remain unchanged.
SB300176D17 (6-16)
Copyright, CNA All Rights Reserved.
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 CNA
JAMED INSURED; STK Architecture, Inc
POLICY NUMBER: 2025343649
EFFECTIVE DATE: 05/25/2021 to 05/25/2022
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
HIRED AUTO AND NON-OWNED AUTO LIABILITY
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
SCHEDULE
Insurance is provided only with respect to those coverages for which a specific premium charge is shown:
COVERAGE ADDITIONAL PREMIUM
Hired Auto Liability $ 1,000,000
Non-owned Auto Liability $ 1,000,000
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
PROVISIONS
A. COVERAGE damages under SECTION A. Coverages
because of all "bodily injury" or "propert
If a premium charge is shown in the SCHEDULE lamage" arising out of the maintenance o above, the insurance provided under Coverage A -
Bodily Injury and Property Damage Liability
applies to "bodily injury" and "property damage" 1. "Hired auto" by you or your "employees" arising out of the maintenance or use of a "hired in the course of your business; or auto" or "non-owned auto." Maintenance or use of a 2. "Non-owned auto" owned by any person "non-owned auto" includes test driving in connection other than you, and used in the course with an "auto business." of your business, and arising out of any B. LIMITS OF INSURANCE one "occurrence."
SECTION D. Liability And Medical Expenses The limit of this endorsement applies separately to Limits of Insurance is deleted in its entirety and each consecutive annual period and to any replaced with the following: remaining period of less than 12 months, starting with the beginning of the policy period shown in the
D. Limits Of Insurance Declarations, unless the policy period is extended
1. Regardless of the number of: after issuance for an additional period of less than 12 months. In that case, the additional period will be
a. Insureds; deemed part of the last preceding period for b. Claims made or "suits" brought; purposes of determining the Limit of Insurance. c. Persons or organizations making claims C. EXCLUSIONS or bringing "suits"; or With respect to the insurance provided by this endorsement:
d. "Autos,"
the Hired Auto and Non-Owned Auto 1. The exclusions, under Coverage A - Bodily Liability Each Occurrence Limit shown in the Injury and Property Damage Liability, other than exclusions a., b., d., e., f. and i. and the Nuclear
Declarations is the most we will pay for
SB-146902-D Page 1 of 3
(Ed. 04/10)
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 CNA
Energy Liability Exclusion (Broad Form) are f. Any person while employed in or otherwise deleted and replaced by the following: engaged in duties in connection with an "auto business," other than an "auto
a. "Bodily injury" to: business" you operate;
(1) Any fellow "employee" of the insured g. Anyone other than your "employees," arising out of and in the course of: partners, a lessee or borrower or any of (a) Employment by the insured; or their "employees," while moving property to or from a "hired auto" or a "non-owned
(b) Performing duties related to the auto"; or
conduct of the insured's business.
4. Any other person or organization, but only with
b. "Property Damage" to: respect to their liability because of acts or (1) Property owned or being transported by, omissions of an insured under 1. or 2. above. or rented or loaned to the insured; E. AMENDED DEFINITIONS Or The Definition of "insured contract" in Section F-
(2) Property in the care, custody or control Definitions is amended by the addition of the of the insured. following exceptions to paragraph f.:
D. WHO IS AN INSURED Paragraph f. does not include that part of any contract or agreement:
Who Is An Insured is replaced by the following:
(4) That pertains to the loan, lease or rental of an
Each of the following is an insured under this "auto" to you or any of your "employees," if the insurance to the extent set forth below: "auto" is loaned, leased or rented with a driver;
1. You; or
2. Your "employee" while operating an "auto" hired (5) That holds a person or organization engaged in or rented under a contract or agreement, with the business of transporting property by "auto" your permission, in that "employee's" name, for hire harmless for your use of a covered while performing duties related to the conduct of "auto" over a route or territory that person or your business. organization is authorized to serve by public authority.
3. Anyone else including any partner or "executive
officer" of yours while using with your F. ADDITIONAL DEFINITIONS permission a "hired auto" or a "non-owned auto" Section F. Definitions is amended by the addition of except: the following definitions:
a. The owner or lessee (of whom you are a a. "Auto Business" means the business or
sublessee) of a "hired auto" or the owner or occupation of selling, repairing, servicing,
lessee of a "non-owned auto" or any agent storing or parking "autos." or "employee" of any such owner or lessee;
"Hired auto" means any "auto" you or your
b. Your "employee" if the covered "auto" is "employee" lease, hire, rent or borrow in the owned by that "employee" or a member of course of your business. This does not include:
his or her household;
i. Any "auto" you lease, hire or rent under a
c. Your "employee" if the covered "auto" is lease or rental agreement for a period of leased, hired or rented by him or her or a 180 days or more, or member of his or her household under a
lease or rental agreement for a period of ii. Any "auto" you lease, hire, rent or borrow 180 days or more; from any of your "employees," partners, stockholders, or members of their
d. Any partner or "executive officer" with households.
respect to any "auto" owned by such partner
or officer or a member of his or her c. "Non-owned auto" means any "autos" you do household; not own, lease, hire, rent or borrow that are being used in the course and scope of your
e. Any partner or "executive officer" with business at the time of an "occurrence." This respect to any "auto" leased or rented to includes "autos" owned by your "employees" or such partner or officer or a member of his partners or members of their households but or her household under a lease or rental only while being used in the course and scope agreement for a period of 180 days or more; of your business at the time of an "occurrence." SB-146902-D Page 2 of 3
(Ed. 04/10)
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 CNA
it you are a sole proprietor, "non-owned auto" However, if your business is the selling, means any "autos" you do not own, lease, hire, servicing, repairing, parking or storage of rent or borrow that are being used in the course "autos," the insurance provided by this and scope of your business or personal affairs endorsement is at the time of an "occurrence."
6. Wih-respect to the operatiog rafa hid auto" and by you or your "employee." "non-owned
Businessowners Common Policy Conditions is 2. When this Coverade Form and anv othel deleted and replaced with the following: Coverage Form or policy covers on the same basis, either excess or primary, we
H. Other Insurance will pay only our share. Our share is the
1. Except for any liability assumed under an proportion that the Limit of Insurance of our "insured contract" the insurance provided by Coverage Form bears to the total of the this Coverage Form is excess over any limits of all the Coverage Forms and other collectible insurance. policies covering on the same basis.
SB-146902-D Page 3 of 3
(Ed. 04/10)
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 72 WEC AC4AFK Endorsement Number:
Name inSured and Address: 5k ARCHITECTURE IN s stated on the Information Page of the policy. 42095 ZEVO DR STE A15
TEMECULA CA 92590
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.
Process Date: 5/5/21 Policy Expiration Date: 05/25/22
DocuSign Envelope ID: 50135EBD-BC99-4D5C-9B0E-C99917468584
BUSINESS LICENSE CITY OF LAKE ELSINORE
his business license is issued for revenue purposes only and does not grant authorizatio Administrative Services - Licensing ) operate a business. This business license is issued without verification that the holder i 130 South Main Street, Lake Elsinore, CA 92530 subject to or exempted from licensing by the state, county, federal government, or any PH (951) 674-3124
other governmental agency.
Business Name: STK ARCHITECTURE, INC. BUSINESS LICENSE NO. 022165 Business Location: 42095 ZEVO DR STE A15 Business Type: PROFESSIONAL/ARCHITECTS TEMECULA, CA 92590-3741
Owner Name(s): GV SALTS Description: ARCHITECTURE
Issue Date: 5/1/2021 Expiration Date: 4/30/2022
STK ARCHITECTURE, INC.
42095 ZEVO DR STE A15
TEMECULA, CA 92590-3741
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE