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HomeMy WebLinkAbout25-105 St. Vrain River Pedestrian Bridge Design Agreement Short Elliott Hendrickson, Inc. 10-08-2025RE, OLUTION NO, 25405 A RESOLUTION HF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN F FIRESTONE AND SEll, INC. PERTAINING TO TIEE TOWN OF FIRESTONE ST. VRAIN RIVER PEDESTRIAN BRIDGE PROJECT WHEREAS, the Town of Firestone ('Ton") is in need of professional engineering design services related to the T v of Firestone St. Wain River Pedestrian Bridge ..e Project ('Project"): and WHEREAS, the Town issued an request for proposals (RFP,,) proposals for such services for the Project; and WHEREAS, the Town has evaluated the proposals submitted in response to the .FP and finds that Short Elliott -Hendrickson Inc. (" LH* ) is the lowest responsible. responsive bidder whose bid is most advantageous to the Torn; and WHEREAS, the Town finds that STMT has the expertise, qualifications, and experience to perform the work and duties required for the Project, and desires to select SFiH as the top ranked consultant for the RFP and to enter into a Professional Services Agreement with SETI 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 TILE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Professional Services Agreement between the Town of Firestone and SLH. Inc. 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 Ton; PASSED AND ADOPTED this 8th day of October, 2025. A. i llh • i M �i y ife y • iM illMl � � �" y• • ^ '� • NOW, THEREFORE, RE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I_ ]14YiII1 A. Consultant shall 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 St. Vrain River Pedestrian Bridge Design (S2025- 9258), BA change in the Scope of Services shall not be effective unless authorized as a modification to this Agreement. If the Consultant proceeds without such written authorization, Consultant shall be deemed to have waived any claim for additional compensation, including a claim based on 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 term of this Agreement, either directly or implied by a course of action, : __________ ,1 - - •« • ! • • w • « •• • « • • r • • I • ^ • f f I oiituiiisniii•- .^ • • Page 1 of expenses incurred by Consultant, and no additional amounts shall be paid by the Town for such fees, costs, and expenses. Consultant may submit periodic invoices, which shall be paid by the Town within 30 days of receipt. IV. PROFESSIONAL RESPONSIBILITY A. Consultant 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 Consultant 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 Consultant 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 Consultant for its professional expertise, Consultant agrees not to employ Sub -Consultants to perform any work except as expressly set forth in the Scope of Services or approved in writing by the Town. V. OWNERSHIP A. Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by the Consultant and delivered to the Town shall be exclusively owned by the Town. The Consultant expressly acknowledges and agrees that all work performed and delivered to the Town 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 Consultant 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 Consultant. B. If the Town reuses or makes any modification to Consultant's designs, documents or work product without the prior written authorization of the Consultant, the Town agrees, to the fullest extent permitted by law, to release the Consultant, its officers, directors, employees and sub - Consultant 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 of 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 Consultant under the Agreement may contain certain design details, features and concepts from the Consultant'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 o₹ Consultant. Nothing herein shall be construed as a limitation on the Consultant's right to re -use such component design details, features and concepts on other projects, in other contexts or for other clients. Page 2 of 5 FIRESTONE VI. INDEPENDENTCONSULTANT Consultant is an independent Consultant. Notwithstanding any other provision of this Agreement, all personnel assigned by Consultant to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Consultant for all purposes. The Consultant shall make no representation that it is a Town employee for any purposes. VII. INSURANCE A. Consultant 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 Consultant pursuant to this Agreement. At a minimum, the Consultant shall procure and maintain and shall cause any Sub -Consultant 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 interests provision, and shall include the Town and the Town's officers, and employees, Consultant 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 Consultant shall be excess and not contributory insurance to that provided by Consultant. The Consultant shall be solely responsible for any deductible losses under any policy. C. Consultant 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. VIII, INDEMNIFICATION A. Consultant agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, 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 Page 3 of 5 FIRESTONE fault of Consultant, any Sub -Consultant of Consultant, or any officer, employee, representative, or agent of Consultant, or which arise out of a worker's compensation claim of any employee of Consultant or of any employee of any Sub -Consultant of Consultant. Consultant'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 Consultant, any Sub - Consultant of Consultant, or any officer, employee, representative, or agent of Consultant or of any Sub -Consultant of Consultant. B. If the Consultant is providing architectural, engineering, surveying or other design services under this Agreement, the extent of the Consultant's obligation to indemnify and hold harmless the Town may be determined only after the Consultant'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 Consultant, 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 Consultant 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. Page 4 of 5 FIRESTONE I. 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, CR5. § 24-10-10, 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 Towns 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. M. Mediation: Any dispute between Town and Contractor arising out of or relating to this Agreement or the Services (except for unpaid invoices) shall be submitted to mediation as a precondition to litigation unless the parties mutually agree otherwise. i 4 }} I4� , rri�' w CONSULTANT By �-. Stephen Kaye Principal Page 5of fit. FIRESTONE 10/1/2025 St. Vran River Pedestrian Bridge Town of Firestone, CO H Scope of Services This document outlines the SEH's proposed scope of professional services for the St. Vrain River Pedestrian Bridge Design project. These services include hydrology and hydraulics engineering (H&H), topographic survey, geotechnical engineering, environmental permitting, subsurface utility engineering, utility coordination, structural engineering, trait design, ROW evaluation, and engineering services during bidding and construction phases. For further details regarding the project scope items listed below, please refer to the attached Assumptions and Exclusions document. Scope of ProfessionaL Services Task `i : Project Monagemer t 1. Develop and maintain a project work plan, schedule, budget, a Project Management Plan (PMP), a QualityManagement Plan ( MP), and; design criteria 2. Conduct monthly design progress meetings and attend stakeholder meetings as B. Prepare a presentation and present at the Town's Board meeting 4. Prepare meeting agendas and minutes 5. Prepare monthly invoices and progress reports including the upcoming work Task 2: Site Investigation and Data Collection 1 Perform topographic and boundary survey of the project area .. Provide Subsurface Utility Engineering (SUE) services 2.1. Phase 1: Horizontal utility locates 2.2. Phase Vertical utility locates 3. Identify utility conflicts and reach out to the utility owners to coordinate relocation and protection needs 4. Provide ge technicat engineering and soil testing services Task 3 ErEnvironmental Assessment 1 Perform environmental surveys as outlined in the Assumptions and Exclusions document 10/1/2025 2. Document environmental conditions and constraints (wetlands, ftoodplains habitat, cultural resources) 3. Prepare environmental reports and USAGE 404 Permit documentation Task Evaluation and Support 1 Order Ownership & Encumbrance ( &E) reports for the two properties within the project area 2. Obtain Title Commitments and prepare ROW maps 3. Identify ROW impacts and proposed ROW taking and easements 4. Prepare updated Legal Descriptions for the proposed design 5. Provide reports and exhibits to support the Town in ROW and easement acquisition processes 6. Provide temporary staking for appraisal viewing Task 5: Preliminary Design 1; Perform H&H modeling and analysis to determine an optimized hydraulic opening at the proposed bridge location 2. Obtain the existing CLOMRs and LOMRs and conduct a no -rise analysis 3. Perform a structure selection process and prepare a memo 4. Coordinate with a bridge fabricator to obtain preliminary bridge reactions 5. Perform preliminary abutment, wingwall and retaining wall designs 6. Prepare a preliminary trail alignment Task. Final Design and Construction Document 1. Perform scour analysis and protection design 2. Coordinate with the bridge fabricator to obtain final bridge reactions, standard details, and specifications 3. Finalize the design of the structural elements 4. Finalize the proposed trail alignment and design 5. Prepare final plans, specifications, and estimates (P &E) Task : Bid Phase Engineering Services 1. Prepare bid documents 2. Attend a pre -bid meeting 3. Respond to bidder questions 4,. Prepare bid tabulations and evaluate bids 10/1/2025 5. Provide recommendation for awar Task a Construction Phase Engineering Services 1. Review submittals and shop drawings 2 Respond to the Contractor's RFI's Task 9. Additional Engineering Services 1. To further support the Town of Firestone, SEH will provide additional engineering services as directed by the Town. Detiverabes • Preliminary design submittal package • Final design submittal package Bid documents • Environmental reports and permit documents • Hydraulics memo • Ceotechnical report 0 Letter of "no -rise" certificate (if applicable) • Structure selection memo 0 Utility conflict resolution memo • Town Board meeting presentation contents and graphics su8c-sialtant Total Task Task EN Hours Fee Fee Project Management 131 $ 28,928 2 Site Investigation and 4 ata Collection- 191 S $ 55,354 3 Envirc nmental Assessment 1t 9 ,GCi( C. 23,086 4 ROW Evaluation and Support $ ,7 $ 14,958 5 Preliminary Design 267 $ 4E1�ut 104,956 6 Final 3esign and Construction C ocuments 137 $ 30, O $ 61,2 0 7 Rid Phase Engineering Services 27 $ 6,515 8 Construction Phase Engineering Services 41 $ 1t ,190 9 Additional Services (12°ro}* - $ 36,622 Estimated Project Totals 964 $ 92,83 341,810 * Such services will e identified as needed during the design phase and will only be performed upon receiving written authorization from the Town. Town of Firestone, CO SEH Assumptions & Exclusions General 10/1/2025 1. Any scope item not explicitly included is explicitly excluded. 2. The fees in this proposal assume Notice to Proceed (NTP) will occur within the calendar year 2025 and a contract end date of December 31, 2026, or sooner. If NTP or the project extends beyond these, fees may be reviewed and adjusted. 3. Scope includes one (1) site meeting,up to two (2) in -person milestone meetings, virtual monthly progress meetings, and attendance at the pre -bid and pre -construction meetings. 4. Property owner meetings are not included in this scope. 5, Scope includes all efforts for preparing and presenting a presentation for the Town's Board Meeting. Additional public involvement or stakeholder engagement services beyond the presentation are recommended but not currently included in this scope. 6. Scope includes addressing one round of review comments per submittal (total of two) from the Town and other agencies. 7_ Final design deliverables include construction plans, specifications, estimated quantities, and Engineer's Opinion of Probable Construction Cost (OPCC). Survey, SUE, and ROW 1. Survey scope includes topographic and utility survey of the project site.. 2. Scope assumes up to two (2) title commitments and up to five (5) Legal Descriptions. 3. Scope includes temporary parcel staking. 4. Scope excludes survey monumentation. 5. Scope of Subsurface Utility Engineering (SUE) includes horizontal and vertical locating (up to Quality Level A) of the existing buried and overhead utilities. The scope assumes up to five (5) 8 -inch core utility potholes. 6. Scope includes utility conflict identification and utility coordination with up to three (3) utility owners. 7. ROW acquisition for temporary easements, permanent easements, or property is not included in this scope. 10/1/2025 Structural, 1. Structural scope includes full coordination with one bridge fabricator. 2. Structural design scope includes design of cast -in -place (CIP) concrete abutments, CIP wingwalls, and one (1) type of retaining wall in accordance with AASHTO LRFD Specifications, CD0T Bridge Design Manual, and the Town of Firestone Standards. Additional efforts and a fee adjustment may be required to incorporate stakeholder standards and specifications. 3. Scope includes preparing a high-level structure selection memo that outlines the structural related decisions made and the reasoning behind them.. 1. Scope includes up to two trail alignment alternatives during the preliminary design phase. Only one alignment wilt be brought through final design. Geotechnical 1. Geotechnical scope assumes a total of four (4) exploratory borings; two (2) borings will be drilled for the proposed bridge structures one (1) boring at each end of the bridge) and two (2) shallow borings will be drilled alongthe proposed trail approaches. The bridge borings will be drilled to depths of about 20 to 30 feet below the ground surface and the trail borings will be drilled to a depth of about 5 feet. 2. The borings will be drilled to obtain information on the subsurface profile, to obtain samples for laboratory testing, and to estimate the ground -water level and depth to bedrock, if encountered within the drilled depth. 3. Scope assumes the boring locations will be accessible to a conventional truck mounted drilling rig. Access requiring tracked or all -terrain drilling equipment will require an increased cost to the proposed fee. 4. Scope assumes traffic control and permits are not required to perform the field investigation. Environmentat 1. Environmental scope includes site surveys and necessary desktop reviews to prepare an Aquatic Resource Delineation report, wetland delineation, a pre -construction notification (P N) and endangered species reports. 2. Scope includes a Nationwide Permit#14 for Linear Transportation Projects. 3. The environmental scope also includes a survey for cultural and/or historical resources under Section 106 of the National Historic Preservation Act (NHPA). The scope 10/1/2025 assumes no such resources are present within the project area, and this survey serves as due diligence to verify that assumption. Any additional efforts beyond this verification are excluded from the scope but can be provided for an additional fee, if needed. 4. Wetland credit fees or procurement efforts are not included in this scope and are assumed to be fulfilled by the Town.: Hydrology and y+rulic (H&H) 1. Scope includes 1-D HEC-RAS 2-D 1 H- .D (or other) hydraulic analyses. 2. Scope wilt conduct a no -rise analysis based on all current and proposed CLOMR/LOMRs and current models to determine the areas of impact within the current floodway and floodplain. 3. Scope includes scour analysis and scour protection design based on current models obtained from Weld County and FEMA. 4. H&H design scope assumes that a "no -rise" condition in the hydraulic model is achievable. If this outcome is deemed not feasible during the preliminary design phase, a scope and fee adjustment would be required. These additional services would most likely include FEMA's map revision process, typically involving a Conditional Letter of Map Revision (L3 R) followed by a Letter of Map Revision (LOMR). 1. Scope assumes responding to up to 10 bid questions and creating up to 1 bid addendum. Construction Phase Engineering Services 1. This proposal assumes a bridge fabrcatorwill be selected duringdesign used for construction. This effort does not include redesigning bridge abutments or foundations for a different bridge fabricator than the one used during the design phase. 2. Scope of construction phase services assumes review of up to four (4) shop drawings and responding to up to three (3) RFI's. 3. Construction management/administration, material testing, site visits and APR services are not included in this scope.