HomeMy WebLinkAbout25-113 EV Studio Firestone Regional Sports Complex Replacement Restrooms Project 10-22-2025RESOLUTION NO. 25-113
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO APPROVING AN AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN THE TOWN OF FIRESTONE AND
EV STUDIO
WHEREAS, the Town of Firestone ("Town") is in need of professional design services
for the Firestone Regional Sports Complex Replacement Restrooms Project (the "Project"); and
Wh EREAS, the Town issued an invitation for bid ("IFB") proposals for such services for
the Project; and
WHEREAS, the Town has evaluated the bids submitted in response to the IFB, and finds
that EV Studio. ("EV") is the responsible and responsive bidder whose bid is most advantageous
to the Town; and
WHEREAS, the Town finds that EV has the expertise, qualifications, and experience to
perform the work and duties required for the Project, and desires to select EV as the successful
bidder for the IFB and to enter into a professional services agreement with EV to provide the design
services and perform the work as described in Professional Services Agreement, attached hereto
as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, COLORADO:
Section 1. The Professional Services Agreement between the Town of Firestone andEV
Studio. is approved in substantially the same form as the copy attached hereto and made a part of
this resolution, and the Mayor is authorized to execute the Professional Services Agreement on
behalf of the Town.
Section 2. The Town Manager or such person's designee is authorized to approve, sign,
execute and deliver any and all change orders on behalf of the Town as may be necessary to
complete the Project or for the Town to perform under the Agreement up to and until such time as
the total dollar amount of all such change orders equals or exceeds $46,500.00, at which time any
such change order shall be subject to approval by the Board.
PASSED AND ADOPTED this 22nd day of October,
ATT T;
Mir ados Luna, CMC, Town Clerk
APPROVE S TO FORM:
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A. Contractor shell furnish all labor and materials required for the complete and prompt execution
and performance of all duties, obligations, and responsibilities which are described or reasonably
implied from' the Scope of Services set forth in Exhibit A. attached hereto and incorporated
herein by this reference and known as Firestone Regional Sports Cernplex(P 0 5-9325) A
change in the Scope of Services shall not be effective unless authorized as a modific tion to this
Agreements If theContractor proceeds without such written authorization, Contractor shall be
deemed to have waived any claim for additional compensation, including a claim based o the
theory of unjust enrichment, quantum merit or Implied contract. Except as expressly provided
herein, no agent, employee, or representative of the Town is authorized to modify any terra o
this Agreement„ either directly or implied by a course of action.
II. TERM AND TERMINATION
A. This Agreement shall commence on the Effective Date and shall continue until Contractor
completes the Scope of Services to the satisfaction of the Town or within 90 days of the Effective
Date of the agreement or until terminated as provided herein.
B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall
pay the Contractor for all work previously authorized and completed prior to the date of
termination. If, however, Contractor has substantially or materially breached this Agreement, the
Town shall have any remedy or right of set-off available at law and equity.
Ill. COMPENSATION
In consideration for the completion of the Scope of Services by Contractor, the Town shall pay
Contractor an amount not to exceed $ 46,500. This amount shall include all fees, costs and
expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such
fees, costs, and expenses. Contractor may submit periodic invoices, which shall be paid by the
Town within 30 days of receipt.
IV. PROFESSIONAL RESPONSIBILITY
A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the
services described herein and has all requisite corporate authority and professional licenses in
good standing required by law. The work performed by Contractor shall be in accordance with
generally accepted professional practices and the level of competency presently maintained by
other practicing professional firms in the same or similar type of work in the applicable
community. The work and services to be performed by Contractor hereunder shall be done in
compliance with applicable laws, ordinances, rules, and regulations, including the preference for
Colorado Labor set forth in C.R.S. Article 17 Title 8.
B. The Town's review, approval or acceptance of, or payment for any services shall not be
construed to operate as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
C. Because the Town has hired Contractor for its professional expertise, Contractor agrees not to
employ Sub -Contractor s to perform any work except as expressly set forth in the Scope of
Services.
V. OWNERSHIP
A. Any materials, items, and work specified in the Scope o₹ Services, and any and all related
documentation and materials provided or developed by the Contractor shall be exclusively
owned by the Town. The contractor expressly acknowledges and agrees that all work performed
under the Scope of Services constitutes "work made for hire." To the extent, if at all, that it does
not constitute a "work made for hire," the Contractor hereby transfers, sells, and assigns to the
Town all of its right, title, and interest in such work. The Town may, with respect to all or any
portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify,
adapt, translate, or change such work without providing notice to or receiving consent from the
Contractor.
B. I₹ the Town reuses or makes any modification to Contractor's designs, documents or work
product without the prior written authorization of the Contractor, the Town agrees, to the fullest
extent permitted by law, to release the Contractor, its officers, directors, employees and sub -
Contractor s from all claims and causes of action arising from such uses, and shall to the extent
permitted by law indemnify and hold them harmless from all costs and expenses, including the
cost o₹ defense, related to claims and causes of action to the extent such costs and expenses
arise from the Town's modification or reuse of the documents.
C. The Town expressly acknowledges and agrees that the documents and data to be provided by
Contractor under the Agreement may contain certain design details, features and concepts from
the Contractor's own practice detail library, which collectively may form portions of the design for
the Project, but which separately are, and shall remain, the sole and exclusive property of
Contractor. Nothing herein shall be construed as a limitation on the Contractor's right to re -use
such component design details, features and concepts on other projects, in other contexts or for
other clients.
VI.
Contractor is an independent Contractor. Notwithstanding any other provision of this Agreement,
all personnel assigned by Contractor to perform work under the terms of this Agreement shall
be, and remain at all times, employees or agents of Contractor for all purposes. The contractor
shall make no representation that it is a Town employee for any purposes.
VII. INSURANCE
A. Contractor agrees to procure and maintain, at Its own cost, a policy or policies of insurance
sufficient to insure against all liability, claims, demands, and other obligations assumed by
Contractor pursuant to this Agreement. At a minimum, the Contractor shall procure and maintain
and shall cause any Sub -Contractor to procure and maintain, the insurance coverages listed
below, with forms and insurers acceptable to the Town.
1, Worker's Compensation insurance as required by law.
2. Commercial General Liability insurance with minimum combined single limits of
$1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be
applicable to all premises and operations and shall include coverage for bodily injury,
broad form property damage, personal injury (including coverage for contractual and
employee acts), blanket contractual, products, and completed operations. The policy
shall contain a severability of interest's provision, and shall include the Town and the
Town's officers, and employees, Contractor as additional insureds. No additional insured
endorsement shall contain any exclusion for bodily injury or property damage arising
from completed operations.
3. Professional liability insurance with minimum limits of $1,000,000 each claim and
$2,000,000 general aggregate.
B. Such insurance shall be in addition to any other insurance requirements imposed by law. The
coverages afforded under the policies shall not be canceled, terminated or materially changed
without at least 30 days prior written notice to the Town. In the case of any claims -made policy,
the necessary retroactive dates and extended reporting periods shall be procured to maintain
such continuous coverage. Any insurance carried by the Town, its officers, and its employees
Contractor shall be excess and not contributory insurance to that provided by Contractor. The
contractor shall be solely responsible for any deductible losses under any policy.
C. Contractor shall provide to the Town a certificate of insurance as evidence that the required
policies are in full force and effect, The certificate shall identify this Agreement.
Vill. INDEMNIFICATION
A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers,
representative, agents, employees, heirs and assigns from and against all claims, liability, damages,
losses, expenses and demands, including attorney fees, on account of injury, loss, or damage,
including without limitation claims arising from bodily injury, personal injury, sickness, disease,
death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or
are in any manner connected with this Agreement if such injury, loss, or damage is caused in
whole or in part by, the act, omission, error, professional error, mistake, negligence, recklessness
or other fault of Contractor, any Sub -Contractor of Contractor, or any officer, employee,
representative, or agent of Contractor, or which arise out of a worker's compensation claim of
any employee of Contractor or of any employee of any Sub -Contractor of Contractor. Contractor's
liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that
amount represented by the degree or percentage of negligence or fault attributable to Contractor,
any Sub -Contractor of Contractor, or any officer, employee, representative, or agent of Contractor
or of any Sub -Contractor of Contractor.
B. If the Contractor is providing architectural, engineering, surveying or other design services under
this Agreement, the extent of the Contractor's obligation to indemnify and hold harmless the Town
may be determined only after the Contractor's liability or fault has been determined by adjudication,
alternative dispute resolution or otherwise resolved by mutual Agreement between the Parties, as
provided by C.R.S. § 13-50.5-102(8)(c).
IX. CHANGE ORDERS
A. Change Order is a written instrument issued after execution of the Agreement signed by Town
and Contractor, stating their Agreement, as applicable, upon all of the following:
1. The scope of the change in the Work;
2. The amount of the adjustment to the Contract Price and
3. The extent of the adjustment to the Contract Times(s).
B. All changes in the Work authorized by the applicable Change Order shall be performed under
the applicable conditions of the Contract Documents. Town and Contractor shall negotiate in
good faith and as expeditiously as possible the appropriate adjustment of such changes.
X. MISCELLANEOUS
A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of
Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County,
Colorado.
B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this
Agreement by the Town shall not constitute a waiver of any of the other terms or obligations of
this Agreement.
C. Integration. This Agreement constitutes the entire Agreement between the Parties, superseding
all prior oral or written communications.
D. Third Parties. There are no intended third -party beneficiaries to this Agreement.
E. Notice. Any notice under this Agreement shall be in writing and shall be deemed sufficient when
personally presented or sent pre -paid, first-class United States Mail to the Party at the address
set forth on the first page of this Agreement.
F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to
be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full
force and effect.
G. Modification. This Agreement may only be modified upon written Agreement of the Parties.
H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be
assigned by either Party without the written consent of the other.
1. Governmental Immunity. The Town and its officers, and employees, are relying on, and do not
waive or intend to waive by any provision of this Agreement, the monetary limitations or any
other rights, immunities or protections provided by the Colorado Governmental Immunity Act,
C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers,
attorneys or employees.
J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition
to any other rights and remedies provided by law. The expiration of this Agreement shall in no
way limit the Town's legal or equitable remedies, or the period in which such remedies may be
asserted, for work negligently or defectively performed.
K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution,
any financial obligation of the Town not performed during the current fiscal year is subject to
annual appropriation, shall extend only to monies currently appropriated, and shall not constitute
a mandatory charge, requirement, debt or liability beyond the current fiscal year.
L. Representative Authority. Each person signing this Agreement represents and warrants that he
or she is duly authorized and has the legal capacity to execute the Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
OF
Don Conyac JF.;
ATTEST:
Mi am Luna Gonzalez, Town Clerk
AP OVE S FO
K ' actin, TowiMttefliey
C7t
CONTRACTOR
Brian Welch, PE
Principal
EVstudio
EXHIBIT A
SCOPE OF SERVICES
Contractor `s Duties
During the term of this Agreement, Contractor shall perform the following duties, as directed by the
Town:
Design of Restroom!Concession Facility
1. Purpose and Objectives
• Purpose: To create a modern, accessible, and efficient facility that meets the needs of patrons.
• Primary Objectives: • Provide clean and well -ventilated restrooms.
• Incorporate an equipped concession stand.
• Ensure ADA compliance.
• Use sustainable and durable materials.
2. Site Analysis
• Location: Analyze traffic flow, proximity to existing structures, utilities access, and space
constraints.
• Accessibility: Ensure the site is accessible via pathways or roads, with clear signage.
• Utilities: All utilities are at site, water, sewer, electricity, and drainage systems.
3. Facility Layout
• Restrooms:
• Separate male, female restrooms
• Include a minimum of 3 stalls per gender
• Provide at least one ADA-compliant stall in each restroom.
• Install baby -changing stations in all restrooms.
• Concession Stand:
• Design an efficient counter area with I serving window.
• Include space for food prep, refrigeration, storage, and equipment.
• Ensure a separate area for staff entry and waste management.
• Separated office area with single door access
4. Design Considerations
• Aesthetic: Match the design to the surrounding architecture (e.g., modern, rustic, industrial).
• Materials: Use durable, low -maintenance materials such as concrete, metal, and tile.
• Lighting: Incorporate LED lighting for cost -efficiency and safety.
• Signage: Include clear, multilingual signage for restrooms and concessions.
• Security: Install motion -sensor lights, and combo keypad locks for safety.
5. Sustainability Features
• Low -flow toilets and faucets.
• Proper ventilation to minimize energy use.
• Graffiti resistant coatings for walls and partitions
• Stainless fixtures
• Warm air hand driers
• Motion activated lights
• Motion activated exhaust fans
6. Compliance
• Building Codes: Ensure compliance with local and national building codes.
• ADA: Include ramps, wide doors, and accessible fixtures.
• Health Standards: For concessions, follow health department requirements.
Contractor's Deliverables
In the performance of the duties described above, the Contractor shall deliver the following items to
the Town during the timeframes established by the Town:
1. Floor Plan Layouts
• Scaled drawings showing restroom layout (toilets, urinals, sinks, partitions, ADA clearances, door
swings, circulation space).
• Multiple layout options.
2. Elevations & Sections
• Interior wall elevations showing tiles, mirrors, partitions, accessories, and fixture locations.
• Section drawings if needed for detailing.
3. Fixture & Finish Schedule
• List of toilets, sinks, urinals, faucets, partitions, accessories (soap dispensers, hand dryers, grab
bars, etc.).
• Finish schedule (flooring, wall finishes, ceiling materials, paint colors).
4. Plumbing & Electrical Rough -In Plan
• Locations for floor drains, water supply, waste lines, and venting.
• Electrical outlet locations, lighting layout, switches, and any specialty circuits (e.g., for hand
dryers),
5. Reflected Ceiling Plan (if needed)
• Lighting layout, HVAC registers, ceiling tile/grid or drywall layout.
6. ADA! Code Compliance Notes
• Verification that the design meets accessibility standards (e.g., ADA, local codes).
• Clearances for stalls, turning radii, grab bar placement.
7. Specifications ! Design Narrative
• Written summary of the design intent, finishes, and key product selections.
• It can be a short booklet or specification sheet.
8. Renderings
• 2D or 3D renderings for visualization.
9. Permit -Ready Drawings
• Stamped engineered Drawings formatted and detailed enough for submission to the building
department
• Construction drawings along with construction oversight and support
10. Digital Files
• PDFs for distribution.
• Native CAD/Revit files