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HomeMy WebLinkAbout15068 RESOLUTION NO. 15068 A RESOLUTION AWARDING AN AGREEMENT FOR ARCHITECTURAL CONSULTING SERVICES IN THE AMOUNT OF $90,800 TO EV STUDIO, LLC., A LIMITED LIABILITY COMPANY, FOR 22-057 EL CENTRO DEL QUINTO SOL RECREATION CENTER RENOVATION, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME WHEREAS, proposals for Project No. 22-057, Architectural Consulting Services for El Centro Del Quinto Sol Recreation Center have been received and examined; and WHEREAS, the proposal of Doug Vaughn, LLC., a Limited Liability Company, was the lowest of those bids determined to be responsive, and the Committee of Awards recommends to the City Council that it authorize Project No. 22-091, Concrete Improvements - Joplin to be performed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. City Council authorizes Project No. 22-057 Architectural Consulting Services for El Centro Del Quinto Sol Recreation Center to be performed, and a contract for said project is hereby awarded to EV Studio, LLC, a Limited Liability Company, in the amount of $90,800.00. SECTION 2. Funds for said Agreement shall be CI2113 - ARPA Funds. SECTION 3. The Purchasing Agent is hereby authorized to execute said contract on behalf of the City of Pueblo, a Colorado Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest same. SECTION 4. The officers of the City are authorized to perform any and all acts consistent with this Resolution to implement the policies and procedures described herein. SECTION 5. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: November 28, 2022 BY: Larry Atencio MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk's Office Item # M5 Background Paper for Proposed Resolution COUNCIL MEETING DATE: November 28, 2022 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: A RESOLUTION AWARDING AN AGREEMENT FOR ARCHITECTURAL CONSULTING SERVICES IN THE AMOUNT OF $90,800 TO EV STUDIO, LLC., A LIMITED LIABILITY COMPANY, FOR 22-057 EL CENTRO DEL QUINTO SOL RECREATION CENTER RENOVATION, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME SUMMARY: This Resolution awards an agreement for architectural consulting services to EV Studio, LLC., a Limited Liability Company, for 22-057 - El Centro Del Quinto Sol Recreation Center Renovation. PREVIOUS COUNCIL ACTION: By Ordinance No. 9931, approved on May 17, 2021, the City Council established Project No. CI2113 and budgeted and appropriated up to $36.7 million in funds which were expected to be distributed to the City of Pueblo from the American Recovery Plan Act ("ARPA") for covered costs and eligible expenses to be incurred during the period which began on March 03, 2021, until December 31, 2024 (to be expended by December 31, 2026). BACKGROUND: The City of Pueblo solicited proposals for architectural and consulting services for the remodel/renovation at the City’s El Centro Del Quinto Sol Recreation Center. The project includes HVAC upgrades, partial basement remodel, and emergency exit stairs renovation. The remodeling of the basement includes the kitchen and restroom facilities. The kitchen will be remodeled in order to be better utilized for cooking classes and will include new floors, renovating of the walls and ceiling, and new appliances. The entire building's HVAC system needs to be designed for these renovations. The emergency exit stairway renovation includes upgrading the emergency exit stairs to meet current code requirements, including tread and rise regulations. FINANCIAL IMPLICATIONS: Funding in the amount of $90,800 will be paid from account CI2113, ARPA Funds. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denial of this resolution will cancel this project. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: 1. Draft Contract EV Studios - Architectural Consulting for El Centro DocuSign Envelope ID:ECE39F94-76A5-4E8B-9E68-C4EC60940D9C city o` PUEBLO Colorado BID 22-057 ARCHITECTURAL CONSULTING SERVICES FOR EL CENTRO DEL QUINTO SOL RECREATION CENTER AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES BY AND BETWEEN CITY OF PUEBLO AND EV STUDIO, LLC DocuSign Envelope ID:ECE39F94-76A5-4E8B-9E68-C4EC60940D9C AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES BY AND BETWEEN CITY OF PUEBLO AND EV STUDIO, LLC THIS AGREEMENT("Agreement") made and entered this 20th day of December, 2022 by and between the City of Pueblo,a Municipal Corporation (hereinafter referred to as "Owner"or"City")and EV Studio, LLC, a Colorado registered Limited Liability Company, (hereinafter referred to as"Architect") a professional architectural firm, for Architect to render certain professional planning, design, architectural,and related services for Owner in connection with Bid 22-057 Architectural Consulting Services for El Centro Del Quinto Sol Recreation Center, hereinafter referred to as the"Project." In consideration of the mutual covenants hereinafter set forth,the parties agree as follows: SECTION 1. GENERAL 1.1 Architect shall satisfactorily perform professional architectural services for the following items: [ ] -Study and Report Phase [X] -Preliminary Design (Schematic) Phase [X] - Final Design Phase [X] -Construction Documents for Bidding Phase [X] -Bidding Phase [X] -Architect of Record for Construction Upon completion of any phase, Architect shall not proceed with work on the next phase, if any, until authorized in writing by Owner to proceed therewith. Such services shall include all usual and customary professional architectural services and the furnishing (directly or through its professional consultants)of customary and usual civil, structural, mechanical, electrical,engineering, design,environmental, and planning services.Architect shall also provide any landscape, surveying, and geotechnical services incidental to its work on the Project. 1.2 In performing the professional services,Architect shall complete the work items described generally in Schedule 1—"Scope of Services" and the items identified in Section 2 of this Agreement which are applicable to each phase for which Architect is to render professional services. 1.3 Professional architectural services(whether furnished directly or through a professional subcontractor) shall be performed under the direction and supervision of a registered architect in good standing and duly licensed to practice in the State of Colorado. Reproductions of final drawings for construction produced under this Agreement shall be the same as at least one record set which shall be furnished to Owner and which shall be signed by and bear the seal of such registered architect. DocuSign Envelope ID:ECE39F94-76A5-4E8B-9E68-C4EC60940D9C Agreement for Professional Services#22-057 Title:Architectural Consulting Services for El Centro Del Quinto Sol Recreation Center 1.4 Surveying work included within or reasonably contemplated by this Agreement shall be performed under the direction and supervision of a registered Professional Land Surveyor in good standing and duly licensed to practice in the State of Colorado.All plats and surveys produced under this Agreement shall be signed by and bear the seal of said Professional Land Surveyor. 1.5 Any engineering services provided under this Agreement shall be performed under the direction and supervision of a registered professional engineer. SECTION 2. ARCHITECTURAL SERVICES 2.1 Study and Report Phase. If Architect is to provide professional services with respect to the Project during the Study and Report Phase,Architect shall perform the following unless otherwise stated in Schedule 1: A. Consult with Owner to determine the requirements for the Project and review available data. B. Advise Owner as to the necessity of providing or obtaining from others data or services of the types described in paragraph 2.2(c) and assist Owner in obtaining any such services. C. Provide special analyses of Owner's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. D. Identify and analyze requirements of governmental authorities and regulatory agencies involved in approval or permitting any aspect of Project. E. Provide general economic analysis of Owner's requirements applicable to various alternatives. F. Prepare a Report with appropriate exhibits indicating clearly the considerations involved and the alternative solutions available to Owner and setting forth Architect's findings and recommendations with opinions of probable costs. G. Furnish one(1) hard copy and one(1) electronic copy of the Report and present and review it in person with Owner.Owner may request additional copies as needed for no additional charge. 2.2 Preliminary Design (Schematic) Phase. If Architect is to provide professional services with respect to the Project during the Preliminary Design Phase, Architect shall perform the following unless otherwise stated in Schedule 1: A. Consult with Owner and determine the general design concept and Project requirements based upon information furnished by Owner as well as any study or report on the Project. B. Prepare and submit to Owner preliminary design documents consisting of final design criteria, preliminary drawings, an outline of specifications,and written descriptions of all significant features of Project. Page 3 of 41 DocuSign Envelope ID:ECE39F94-76A5-4E8B-9E68-C4EC60940D9C Agreement for Professional Services#22-057 Title:Architectural Consulting Services for El Centro Del Quinto Sol Recreation Center C. Prepare and submit to Owner a requirements checklist of any subsurface investigation, additional data, permits,or other information and requirements which is anticipated will be necessary for the design or construction of Project. D. Provide written disclosure to Owner of significant design assumptions and design risks and advantages/disadvantages inherent in or presented by design alternatives and make recommendations to Owner based thereon. E. Prepare and submit to Owner a preliminary cost estimate for the Project including construction cost,contingencies, professional compensation, consultant fees, costs of land and rights of way, compensation for damages and finance costs, if any. F. Architect shall furnish one (1) hard copy and one (1) electronic copy of each above referenced submittal document to Owner for Owner's use and shall review same in person with Owner. Owner may request additional copies as needed for no additional charge. 2.3 Final Design Phase. If Architect is to provide professional services with respect to the Project during the Final Design Phase, Architect shall perform the following unless otherwise stated in Schedule 1: A. After consultation with the Owner, receipt of Owner's selection of any design options and review of the Preliminary Design Documents, if any, prepare and submit to Owner final Drawings showing the scope, extent, and character of the work to be performed by contractors, and specifications describing such work and the requirement therefor. Such plans and specifications shall comply with all applicable building codes and requirements of regulatory agencies having any approval authority. Final design, including drawings and specifications, shall also comply with ADA Accessibility Guidelines(ADAAG) Manual developed by the U. S. Architectural and Transportation Barriers Board (1998) or ADA Standards for Accessible Design published at 28 C.F.R. Part 36,Appendix A,whichever is applicable.Architect shall include an attest statement on each record drawing sheet of final plan drawings that certifies compliance with either the ADAAG Manual or 28 CFR Part 36 Standards. B. Make reasonable revisions to the drawings and specifications requested by Owner, informing the Owner of any change in probable construction costs as a result of such revisions. C. Provide technical criteria,written descriptions, and design data for Owner's use, and disclose any significant risks and advantages/disadvantages inherent in or presented by design choices. D. Based upon Architect's best professional judgment, prepare and submit to Owner a current detailed cost estimate for the Project including construction cost, contingencies, professional compensation, consultant fees, land and right of way costs, damages, and finance costs, if any. E. Architect shall furnish one (1) hard copy and one (1)electronic copy of each above referenced submittal document to Owner for Owner's use and shall review same in person with Owner. Owner may request additional copies as needed for no additional charge. Page 4 of 41 DocuSign Envelope ID:ECE39F94-76A5-4E8B-9E68-C4EC60940D9C Agreement for Professional Services#22-057 Title:Architectural Consulting Services for El Centro Del Quinto Sol Recreation Center 2.4 Construction Documents for Bidding Phase. If Architect is to provide professional services with respect to the Project during the Construction Documents for Bidding Phase,Architect shall perform the following unless otherwise stated in Schedule 1: A. Prepare and submit to Owner draft forms of contract agreement,general and special conditions, bid forms, invitations to bid, information for bidders,forms of warranty and including any special requirements imposed upon such contracts by any federal or other funding source and by any regulatory agency. In preparing such draft forms, Architect shall consider and incorporate,to the extent both advisable and feasible, Owner's standard forms of agreement, warranty, payment and performance bonds,general conditions, and selected specifications. B. After review and comment by Owner, prepare and submit all deliverables identified in Schedule 1 to this Agreement,final forms of contract agreement, general and special conditions, drawings,specifications, bid forms, invitations to bid, information for bidders, and forms of warranty,together with any addenda which may be required or appropriate to correct errors, clarify drawings or specifications or advise of changes.One (1) hard copy and one (1) electronic copy of these final bid documents shall be furnished to Owner. Unless otherwise specified in Schedule 1, a copy of all contract documents and drawings shall also be submitted to Owner in Microsoft Word and AutoCAD(2006 or later version)format on electronic media. C. Make recommendations to Owner concerning the need for prequalification of equipment, vendors or bidders, and, if requested by Owner, incorporate prequalification requirements in final bid and construction contract documents. 2.5 Bidding Phase. If Architect is to provide professional services with respect to the Project during the Bidding Phase, Architect shall perform the following unless otherwise stated in Schedule 1: A. Attend a pre-bid conference with bidders to discuss Project requirements and receive requests for clarification, if any,to be answered by Architect in writing to all plan holders. B. Consult with and make recommendations to Owner concerning acceptability of bidders, subcontractors, suppliers, materials,equipment,suitability of proposed "or equals", amount of bids, and any other matter involved in consideration and review of bids and bidders upon which Owner may reasonably request Architect's advice. 2.6 Architect of Record for Construction. If Architect is to provide professional services with respect to the Project during the Architect of Record for Construction, after award by the Owner of a general contractor contracts for construction of the Project,Architect shall perform the following unless otherwise stated in Schedule 1: A. Perform all duties and functions to be performed by Architect under the terms of the construction contract. Page 5 of 41 DocuSign Envelope ID:ECE39F94-76A5-4E8B-9E68-C4EC60940D9C Agreement for Professional Services#22-057 Title:Architectural Consulting Services for El Centro Del Quinto Sol Recreation Center B. Visit the Project site, perform observations as to the progress and quality of the work and advise the Owner as to same.The frequency and level of observation shall be commensurate with the nature of the work and size of the Project, except that any specific provisions set forth in Schedule 1-Scope of Services concerning the level of observation shall determine Architect's obligation concerning level of observation. C. Make determinations as to whether the work is proceeding in accordance and compliance with the construction contract documents. D. Promptly advise the Owner in writing of any omissions, substitutions, defects,or deficiencies noted in the work of any contractor, subcontractor, supplier, or vendor on the Project. E. Reject any work on the Project that does not conform to the contract documents. F. On request of the Owner,the construction contractor or any subcontractor on the Project, issue written interpretations as to the Drawings and Specifications and requirements of the construction work. G. Review shop drawings, samples, product data, and other submittals of the Contractor for conformance with the design concept of Project and compliance with the Drawings, Specifications, and all other contract documents, and indicate to Contractor and Owner with respect thereto,any exceptions noted,or modification or resubmittals required. H. Review all applications of Contractor for payment and in connection with same, issue certificates for payment to the Owner for such amounts as are properly payable under the terms of the construction contract. Each such certificate shall constitute Architect's representation to Owner that it has inspected the Project and that to the best of its knowledge,the work for which payment has been sought has been completed by Contractor in accordance with the Drawings,Specifications, and other contract documents. I. Subject to written concurrence by Owner, promptly render a written recommendation to Owner concerning all proposed substitutions of material and equipment. J. Draft,for Owner's consideration,and offer recommendations upon,all proposed change orders and contract modifications. K. On application for final payment by the Contractor, make a final inspection of the Project, assembling and delivering to the Owner any written guaranties, instructions manuals, as-built drawings, diagrams, and charts required by the contract documents, and issuing a certificate of final completion of the Project. L. The Architect shall, if provided in the construction contract, be the interpreter of the construction documents and arbiter of claims and disputes thereunder. Upon written request of the Owner or Contractor,the Architect shall promptly make written interpretations of the contract documents and render written decisions on all claims,disputes and other matters relating to the execution or progress of the work on the Project.The interpretations and Page 6 of 41 DocuSign Envelope ID:ECE39F94-76A5-4E8B-9E68-C4EC60940D9C Agreement for Professional Services#22-057 Title:Architectural Consulting Services for El Centro Del Quinto Sol Recreation Center decisions of the Architect shall be final and binding on the Contractor and Owner, unless the Director of Public Works of the Owner shall, within seven calendar days after receipt of the Architect's interpretation or decision,file its written objections thereto with the Architect and Contractor. 2.7 Additional Responsibilities. This paragraph applies to all phases of Architect's work. A. Architect shall be responsible for the professional quality,technical accuracy,timely completion, and coordination of all of Architect's work, including that performed by Architect's consultants and subcontractors, and including designs, drawings,specifications, reports, and other services, irrespective of Owner's approval or acquiescence to same.Architect shall,without additional compensation, correct or revise any errors, omissions, or other deficiencies in its work. B. Architect shall be responsible, in accordance with applicable law,to Owner for all loss or damage to Owner caused by Architect's negligent act or omission; except that Architect hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 13-20-602, C.R.S. or similar statute. C. Architect's professional responsibility shall comply with the standard of care applicable to the type of engineering and architectural services provided, commensurate with the size, scope, and nature of the Project. D. Architect shall be completely responsible for the safety of Architect's employees in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees, and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss,or injury to Architect's employees. E. Architect acknowledges that, due to the nature of architectural, design, and related professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Architect assigns principal responsibility for services performed under this Agreement. Consequently, Architect represents that Architect has selected and intends to employ or assign the key personnel and consultants identified in Schedule 4-"Identification of Personnel, Subcontractors, and Task Responsibility", attached hereto for the Project assignments and areas of responsibility stated therein.Within 10 days of execution of this Agreement,Owner shall have the right to object in writing to employment on the Project of any such key person, consultant,or assignment of principal responsibility, in which case Architect will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection.Thereafter,Architect shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Page 7 of 41 DocuSign Envelope ID:ECE39F94-76A5-4E8B-9E68-C4EC60940D9C Agreement for Professional Services#22-057 Title:Architectural Consulting Services for El Centro Del Quinto Sol Recreation Center 1. Within five (5) days of execution of this Agreement,Architect shall designate in writing a Project representative who shall have complete authority to bind Architect,and to whom Owner should address communications. F. Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed,Architect shall submit to Owner for approval a schedule showing the order in which Architect proposes to accomplish its work, with dates on which it will commence and complete each major work item.The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's timetable for achievement of interim tasks and final completion of Project work, provided however,the Architect will not be responsible for delays beyond its control.The Schedule shall not be materially different than the Project Schedule attached hereto and labelled Schedule 3. G. Before undertaking any work which Architect considers beyond or in addition to the scope of work and services which Architect has contractually agreed to perform under the terms of this Agreement,Architect shall advise Owner in writing(i)that Architect considers the work beyond the scope of this Agreement, (ii)the reasons the Architect believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Architect shall not proceed with such out of scope or additional work until authorized in writing by Owner.The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation,then Architect shall be compensated for its direct costs and professional time at the rates set forth in Schedule 2-"Fee Schedule". SECTION 3. OWNER'S RESPONSIBILITIES 3.1 Owner shall: A. Designate a representative to whom all communications from Architect shall be directed and who shall have limited administrative authority on behalf of Owner to receive and transmit information and make decisions with respect to Project.Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy. B. Advise Architect of Owner's Project requirements including objective, project criteria, use and performance requirements, special considerations, physical limitations,financial constraints, and required construction contract provisions and standards. C. Provide Architect with available information pertinent to the Project including any previous reports, studies or data possessed by Owner which relates to design or construction of the Project. D. Assist in arranging for Architect to have access to enter private and public property as required for Architect to perform its services. Page 8 of 41 DocuSign Envelope ID:ECE39F94-76A5-4E8B-9E68-C4EC60940D9C Agreement for Professional Services#22-057 Title:Architectural Consulting Services for El Centro Del Quinto Sol Recreation Center E. Examine all studies, reports,sketches, Drawings,Specifications, proposals, and other documents presented by Architect, and render written decisions pertaining thereto within a reasonable time.The Owner's approval of Drawings, design,Specifications, reports and incidental work or materials furnished hereunder shall not in any way relieve the Architect of responsibility for the professional adequacy of its work.The Owner's review, approval,or acceptance of, or payment for, any of the 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. F. Upon advice of the necessity to do so from Architect, obtain required approvals and permits for the Project.The Architect shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. G. Notify Architect whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of Architect's services. H. Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However,given the nature of Owner's internal organization and requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact.A period of 45 days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact. SECTION 4. TIME FOR PERFORMANCE Architect's obligation to render services shall continue for such period of time as may reasonably be required for completion of the work contemplated in Schedule 1—"Scope of Services" and Section 2 of this Agreement. SECTION 5. PAYMENT 5.1 Owner will pay to Architect as full compensation for all services required to be performed by Architect under this Agreement, except for services for additional work or work beyond the scope of this Agreement,an amount not to exceed $90,800.00 in the aggregate as forth in Schedule 2- "Fee Schedule" and computed in accordance with this Section. In addition,the maximum amount of compensation for any phase shall not exceed the amount specified in Schedule 2 for such phase. 5.2 Architect shall submit periodic, but not more frequently than monthly, applications for payment, aggregating to not more than the maximum amount,for actual professional services rendered and reimbursable expenses incurred.Such applications shall be submitted with appropriate documentation that such services have been performed and expenses incurred.Thereafter, Owner shall pay Architect for the amount of the application within 40 days of the date of billing, provided that sufficient documentation has been furnished, and further provided that Owner will not be required to pay more than 90%of the maximum amount unless the Architect's services on the Project phases for which this Page 9 of 41 DocuSign Envelope ID:ECE39F94-76A5-4E8B-9E68-C4EC60940D9C Agreement for Professional Services#22-057 Title:Architectural Consulting Services for El Centro Del Quinto Sol Recreation Center Agreement is applicable have been completed to Owner's reasonable satisfaction and all required Architect submittals have been provided. 5.3 The rates of compensation for service and for reimbursable expenses to be used with periodic and final payment applications shall be those set forth in Schedule 2-"Fee Schedule." 5.4 No separate or additional payment shall be made for profit,overhead, local telephone expenses, lodging, routine photocopying,computer time, secretarial or clerical time or similar expenses unless otherwise provided and listed in Schedule 2 -"Fee Schedule." 5.5 No compensation shall be paid to Architect for services required and expenditures incurred in correcting Architect's mistakes or negligence. 5.6 Compensation for authorized work beyond the scope of this Agreement shall be governed by Section 2.6(g). SECTION 6. TERMINATION 6.1 Owner reserves the right to terminate this Agreement and Architect's performance hereunder,at any time upon written notice,either for cause or for convenience. Upon such termination,Architect and its subcontractors shall cease all work and stop incurring expenses and shall promptly deliver to Owner all data, drawings, specifications, reports, plans,calculations, summaries and all other information, documents,work product and materials as Architect may have accumulated in performing this Agreement,together with all finished work and work in progress. 6.2 Upon termination of this Agreement for events or reasons not the fault of Architect,Architect shall be paid at the rates specified in Schedule 2 for all services rendered and reasonable costs incurred to date of termination;together with any reasonable costs incurred within 10 days of termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to Architect or Owner. In no event shall payment to Architect upon termination exceed the maximum compensation provided for complete performance in Section 3(a). 6.3 In the event termination of this Agreement or Architect's services is for breach of this Agreement by Architect,or for other fault of Architect including but not limited to any failure to timely proceed with work,or to pay its employees and Architects,or to perform work according to the highest professional standards, or to perform work in a manner deemed satisfactory by Owner's Project Representative,then Page 10 of 41 DocuSign Envelope ID:ECE39F94-76A5-4E8B-9E68-C4EC60940D9C Agreement for Professional Services#22-057 Title:Architectural Consulting Services for El Centro Del Quinto Sol Recreation Center in that event,Architect's entire right to compensation shall be limited to the lesser of(a)the reasonable value of completed work to Owner,or(b) payment at the rates specified in Schedule 2 for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. 6.4 Architect's professional responsibility for its completed work and services shall survive any termination. SECTION 7. REQUIRED FEDERAL OR STATE PROVISIONS 7.1 Architect understands that Owner may be funding this project in whole or part with funds provided by the American Rescue Plan Act of 2021,Coronavirus State and Local Fiscal Recovery Funds(SLFRF Program).Architect agrees it is subject to and shall comply with all applicable provisions of Title 2 CFR Part 200 under which this Agreement has been made and other applicable regulations. 7.2 Architect shall comply with the attached Special Funding Contract Requirements,attached hereto and incorporated herein as Schedule 5, and any/all other Federal, State,and local laws applicable to its activities. 7.3 All records with respect to any matters covered by this Agreement shall be available for inspection by Owner,the U.S.Treasury Department, or any other Federal or State fund auditing agencies regarding use of ARPA funds at any time during normal business hours and as often as agencies deem necessary, to audit,examine and make excerpts or transcripts of relevant information, and otherwise to perform its official functions or duties. SECTION 8. GENERAL PROVISIONS 8.1 A. Ownership of Documents.All designs,drawings, specifications,technical data,and other documents or instruments procured or produced by the Architect in the performance of this Agreement shall be the sole property of the Owner and the Owner is vested with all rights therein of whatever kind and however created, whether created by common law, statutory law, or by equity.The Architect agrees that the Owner shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications, and all other technical data pertaining to the work to be performed under this Agreement. In the event Owner uses the designs, Drawings or Specifications provided hereunder for another project independent from Project,without adaptation by Architect, Owner shall hold harmless Architect from all loss, claims, injury,and judgments arising from the use of such designs, Drawings or Specifications for such other project. B. Advertising. Unless specifically approved in advance in writing by Owner,Architect shall not include representations of the Project in any advertising or promotional materials, except for accurate statements contained in resumes or curriculum vitae of Architect's employees. If Architect wishes to include representations in advertising or promotional materials, it shall submit a draft of same and printer's proof of the proposed advertising or promotional materials Page 11 of 41 DocuSign Envelope ID:ECE39F94-76A5-4E8B-9E68-C4EC60940D9C Agreement for Professional Services#22-057 Title:Architectural Consulting Services for El Centro Del Quinto Sol Recreation Center to the Owner for prior review and shall not publish or distribute same unless written approval of the materials is first obtained. 8.2 Insurance and Indemnity. A. Architect agrees that it has procured and will maintain during the term of this Agreement,such insurance as will protect it from claims under workers'compensation acts,claims for damages because of bodily injury including personal injury, sickness or disease or death of any of its employees or of any person other than its employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph 7.2(b) below. B. The minimum insurance coverage which Architect shall obtain and keep in force is as follows: 1. Workers'Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. 2. Commercial General Liability Insurance.The Architect shall secure and maintain during the period of this agreement and for such additional time as work on the project is being performed, Commercial General Liability Insurance issued to and covering the liability of the Architect with respect to all work performed by it and all its subcontractors under the agreement,to be written on a comprehensive policy form.This insurance shall be written in amounts not less than$1,000,000 for each occurrence and aggregate for personal injury including death and bodily injury and $1,000,000 for each occurrence and aggregate for property damage.This policy of insurance shall name the City of Pueblo, its agents, officers and employees as additional insureds.This policy shall have all necessary endorsements to provide coverage without exclusion for explosion and collapse hazards, underground property damage hazard, blanket contractual coverage, as well as Owner's and Contractor's Protective Liability(OCP) coverage. The policy shall also provide coverage for contractual liability assumed by Architect under the provisions of the agreement, and "Completed Operations and Projects Liability" coverage. 3. Professional Liability Insurance with coverage of not less than $1,000,000 and in a form and with a deductible acceptable to owner. 4. Comprehensive Automobile Liability Insurance.The Architect shall procure and maintain during the period of the agreement and for such additional time as work on the project is being performed,Comprehensive Automobile Liability Insurance.This insurance shall be written with limits of liability for and injury to one person in any single occurrence of not less than $350,000 and for any injury to two or more persons in any single occurrence of not less than$1,000,000.This insurance shall include uninsured/underinsured motorist coverage and shall protect the Architect from any and all claims arising from the use both on and off the site of the project of automobiles,trucks,tractors, backhoes and similar equipment whether owned, leased, hired or used by Architect. Page 12 of 41 DocuSign Envelope ID:ECE39F94-76A5-4E8B-9E68-C4EC60940D9C Agreement for Professional Services#22-057 Title:Architectural Consulting Services for El Centro Del Quinto Sol Recreation Center C. Architect agrees to hold harmless, defend and indemnify Owner from and against any liability to third parties, arising out of negligent acts, errors or omissions of Architect, his employees, subcontractors,and consultants. 8.3 Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either the Owner or the Architect by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed,or in lieu of such personal service when deposited in the United States mail,first-class postage prepaid, addressed to the Owner at City of Pueblo, Department of Public Works,Attn: Andrew Hayes, 211 E. D Street, Pueblo,CO, 81003 or to the Architect at EV Studio, LLC, Attn: Brian Welch, Principal, 5335 West 48th Ave., Denver,CO, 80212. Either party may change their business address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. 8.4 Entire Agreement. This instrument contains the entire agreement between the Owner and the Architect respecting the Project,and any other written or oral agreement or representation respecting the Project or the duties of either the Owner or the Architect in relation thereto not expressly set forth in this instrument are null and void. Notwithstanding the foregoing,the terms of Bid 22-057 Architectural Consulting Services for El Centro Del Quinto Sol Recreation Center are incorporated herein, and Architect agrees to abide by and comply with the same. In the event of any conflict between any provision of this Agreement and a provision of any Schedule or attachment to this Agreement,the provision in this Agreement shall control and supersede the conflicting provision in the Schedule or attachment. Any inconsistent resolution provision in any attachment to this Agreement shall be void. 8.5 Successors and Assigns. This Agreement shall be binding on the parties hereto and on their partners, heirs, executors, administrators, successors,and assigns; provided, however,that neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to the Architect may be assigned by it without the written consent of the Owner. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement,shall be strictly reserved to the parties hereto, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person or entity on such Agreement. It is the express intention of the parties hereto that any person or entity,other than the parties to this Agreement, receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 8.6 Amendments. No amendment to this Agreement shall be made nor be enforceable unless made by written Amendment signed by an authorized representative of both Architect and by Owner. Page 13 of 41 DocuSign Envelope ID:ECE39F94-76A5-4E8B-9E68-C4EC60940D9C Agreement for Professional Services#22-057 Title:Architectural Consulting Services for El Centro Del Quint()Sol Recreation Center 8.7 Choice of Law and Venue. This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo County, Colorado. 8.8 Equal Employment Opportunity. In connection with the performance of this Agreement, Architect shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, national origin,disability, or age.Architect shall endeavor to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, national origin, disability,or age. 8.9 Severability. If any provision of this Agreement, except for Section 2.6, is determined to be directly contrary to and prohibited by law or the requirements of any federal grant or other Project funding source,then such provision shall be deemed void and the remainder of the Agreement enforced. However, it is the intent of the parties that Section 2.6 of this Agreement not be severable, and that if any provision of said section be determined to be contrary to law or the terms of any federal grant,then this entire Agreement shall be void. 8.10 Appropriations. Subject to execution of this Agreement by the Director of Finance certifying that a balance of appropriation exists and funds are available,the amount of money appropriated for this Agreement is equal to or in excess of the maximum compensation payable hereunder; provided, however,that if work is phased and subject to annual appropriation,funds only in the amount of initial appropriation are available and Architect shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. 8.11 Access to Property Not Under Owner's Control. Architect acknowledges that the Project may require access to property not under the control of Owner at the time of execution of this Agreement.Architect and Architect's employees and consultants shall, at Architect's expense,obtain all additional necessary approvals and clearances required for access to such property. Owner shall assist Architect in obtaining access to such property at reasonable times but make no warranty or representation whatsoever regarding access to such property.Architect understands and agrees that entry to properties not under Owner's control may require Architect to comply with the terms of separate access agreements to be negotiated hereafter with owners of such property. SECTION 9. DISPUTES 9.1 Any dispute or disagreement between Architect and Owner arising from or relating to this Agreement or Architect's services or right to payment hereunder shall be determined and decided by the Owner's Director Public Works whose written decision shall be final and binding unless judicial review is sought in Page 14 of 41 DocuSign Envelope ID:ECE39F94-76A5-4E8B-9E68-C4EC60940D9C Agreement for Professional Services#22-057 Title:Architectural Consulting Services for El Centro Del Quinto Sol Recreation Center a Colorado Court of competent jurisdiction located in Pueblo County, Colorado, pursuant to Rule 106, C.R.C.P. 9.2 Pending resolution of any dispute or disagreement, or judicial review,Architect shall proceed diligently with performance of its work under this Agreement. SECTION 10. SCHEDULES The following Schedules are attached to and made a part of this Agreement: Schedule 1-"Scope of Services" consisting of 2 pages. Schedule 2 -"Fee Schedule" consisting of 1 page. Schedule 3 -"Project Schedule" consisting of 1 page. Schedule 4- "Identification of Personnel,Subcontractors,and Task Responsibility" consisting of 6 pages. Schedule 5—"Special Funding Contract Requirements for City of Pueblo" consisting of 7 pages. SECTION 11. ACCESSIBILITY. The Americans with Disabilities Act(ADA) provides that it is a violation of the ADA to design and construct a facility for first occupancy later than January 26, 1993,that does not meet the accessibility and usability requirements of the ADA except where an entity can demonstrate that it is structurally impractical to meet such requirements.The Architect therefore,will use its best reasonable professional efforts to implement applicable ADA requirements and other federal, state, and local laws, rules codes, ordinances and regulations as they apply to the Project. SECTION 12. COMPLIANCE WITH IMMIGRATION REFORM AND CONTROL ACT OF 1986. Architect certifies that it has complied with the United States Immigration Reform and Control Act of 1986.Architect represents and warrants that to the extent required by said Act,all persons employed by Architect for performance of this Agreement have completed and signed Form 1-9 verifying their identities and authorization for employment. SECTION 13. ELECTRONIC SIGNATURE This Agreement and all other documents contemplated hereunder may be executed using electronic signatures with delivery via facsimile transmission, by scanning and transmission of electronic files in Portable Document Format(PDF)or other readily available file format, or by copy transmitted via email, or by other electronic means and in one or more counterparts, each of which shall be: (i) an original,and all of which taken together shall constitute one and the same agreement, (ii)a valid and binding agreement and fully admissible under state and federal law,and (iii) enforceable in accordance with its terms. Page 15 of 41 DocuSign Envelope ID:ECE39F94-76A5-4E8B-9E68-C4EC60940D9C Agreement for Professional Services#22-057 Title:Architectural Consulting Services for El Centro Del Quinto Sol Recreation Center This Agreement,together with all Project Documents incorporated by reference, constitutes the entire Agreement between City and Contractor with respect to their subject matter, and may not be amended a modified except by written document signed by both parties. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF PUEBLO,A MUNICIPAL CORPORATION EV STUDIO, LLC ,.—DocuSlgned by: ,---DocuSigned by: B`7� Niaow�i A1,414t.1A, Bv, titian. 6133b1 C./132114490. ^.—o'M 17,,ZADe6PL, I. Naomi Hedden, Director of Purchasing Brian Welch, Principal .y.�.Do`-., ' cuSlgned�by: CI l t ` i 0.1 Ul 0,f ry l Attes 7co2EBOrrC3o43c.. = Marisa Stoller,City Clerk [SEAL] JF t BALANCE OF APPROPRIATION EXISTS FOR THIS p}011,A1"t° AGREEMENT AND FUNDS ARE AVAILABLE. pDocuSigned by: L—Gnt>i 02065A9.".. Alexandria Romero, Finance Director APPROVED AS TO FORM e—DocuSigned by: Vau, or.sa. `—209.EoEoa299039.. Dan Kogovsek, City Attorney Attachments: Schedule 1-Scope of Services Schedule 2-Fee Schedule Schedule 3-Project Schedule Schedule 4- Identification of Personnel,Subcontractors, and Task Responsibility Schedule 5—Special Funding Contract Requirements for City of Pueblo Additional Information For Agreement Page 16 of 41