HomeMy WebLinkAbout24-36 Approving an Agreement for Professional Services between the Town and Short Elliott Hendrickson for a Feasibility Study on a Pedestrian Bridge 03-13-2024RESOLUTION NO.24-36
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 SHORT ELLIOTT HENDRICKSON,
INC., FOR A FEASIBILITY STUDY FOR A PEDESTRIAN BRIDGE CROSSING OF
ST. VRAIN RIVER
WHEREAS, the Town of Firestone ("Town") is in need of professional services for a
feasibility study for a pedestrian bridge crossing of St. Vrain River to the east of Interstate 25; and
WHEREAS, Short Elliott Hendrickson, Inc. ("SEH") is already contracted to perform
professional services for the Town for similar studies and services; and
WHEREAS, staff recommends that SEH be selected as a sole source provider for the
required services as the parties have established a long term successful working relationship and
thus SEH is uniquely qualified to address the Town's needs in a timely and efficient manner, and
it is therefore in the Town's best interest to have SEH perform the required services.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Agreement between the Town of Firestone and Short Elliott Hendrickson, Inc., for
professional services for a feasibility study for a pedestrian bridge crossing of St. Vrain River to
the east of Interstate 25, is approved in substantially the same form as the copy attached hereto
and made a part of this resolution. The Mayor is authorized to execute the Agreement on behalf
of the Town.
A
INTRODUCED, READ AND ADOPTED this 13a' day of March, 2024.
TO� FIRES, NE, COLORADO
Drew Alan Peterson, Mayor
-St SEAL
Gonzalez, Interim Town Clerk o
APPROV;q AS oTO
William P. Hayashi, TW Attorney
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement') is made and entered into
this_L6 VS
of Ad / ktk) , 2024 (the "Effective Date"), by and between the TOWN OF FIRESTONE,
a Colorado municipal corporation with an address of 9950 Park Avenue, Firestone, Colorado 80504 (the
"Town"), and Short Elliott Hendrickson Inc. (SEH) an independent Consultant with a principal place of
business at 2000 Colorado Center Dr. #6000, Denver, CO, 80222 ("Consultant ") (each a "Party" and
collectively the "Parties").
WHEREAS, the Town requires professional services and
WHEREAS, Consultant has held itself out to the Town as having the requisite expertise and
experience to perform the required professional services.
NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
I. SCOPE OF SERVICES
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 Feasibility Study (S2024-9242).
B. A change in the Scope of Services shall not be effective unless authorized as an amendment 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.
II. TERM AND TERMINATION
A. This Agreement shall commence on the Effective Date and shall continue until Consultant
completes the Scope of Services or until terminated as provided herein.
B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town
shall pay the Consultant for all work previously authorized and completed prior to the date of termination. If,
however, Consultant has substantially or materially breached this Agreement, the Town shall have any
remedy or right of set-off available at law and equity.
III. COMPENSATION
In consideration for the completion of the Scope of Services by Consultant, the Town shall pay
Consultant an amount not to exceed $49,785.00. This amount shall include all fees, costs and 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.
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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 -Consultant s 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 related documentation
and materials provided or developed by Consultant and delivered to the Town shall be exclusively owned by the Town.
Consultant expressly acknowledges and agrees that all work performed and delivered to the Town under the Scope of
Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire,"
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 Consultant.
B. If the Town reuses or makes any modification to Consultant's designs, documents or work product
without the prior written authorization of 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 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 of 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.
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. Consultant shall make no
representation that it is a Town employee for any purposes.
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FIRESTONE
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.
Worker's Compensation insurance as required by law.
2. Commercial General Liability insurance with minimum combined single limits of $1,000,000
for 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.
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.
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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 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.
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B. If Consultant is providing architectural, engineering, surveying or other design services under
this Agreement, the extent of Consultant 's obligation to indemnify and hold harmless the Town may be
determined only after Consultant 's liability or fault has been determined by adjudication, altemative 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:
a The scope of the change in the Work;
b The amount of the adjustment to the Contract Price and
c 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 directly 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. Assicnment. 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.
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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, 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.
M. Mediation, Any dispute between the Town and Consultant 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 parties mutually agree otherwise.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
TOWN OF FIRESTONE, COLORADO
Drew Peterson, Mayor
ATT T;mL
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TOWN
Xnzalez, Town Clerk $EAL o
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APPROVED AS TO FORA moo\ o�
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William P.41275f'TowrFYflrFrney
CONSULTANT
By:
Erica Olsen, Principal
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FIRESTONE
f A�,
SEH
Building a Better World
for All of Us'
February 26, 2024
Nate Haasis, PE
Town of Firestone
Senior Civil Engineer
EXHIBIT A
RE: Feasibility study for pedestrian bridge crossing of St Vrain River
Nate:
Short Elliott Hendrickson Inc. (SEH) appreciates the opportunity to provide professional services for a
feasibility study for a pedestrian bridge crossing of the St Vrain River to the east of 1-25 crossing of the St
Vrain River. The services provided are based on our experience performing similar studies and designs
for pedestrian bridges and a phone discussion with Mr. Haasis regarding the basis for the project.
SEH Professional services scope includes:
1. Project Management
a. General project communication, coordination and correspondence
b. In -person Meeting-2 assumed (kickoff and report review meetings)
c. Virtual progress meetings (bi-weekly)
d. Financial management, invoice generation, progress reports, subconsultant
management
2. Data Collection
a. Site walk —(Including Town and discipline leads)
b. Document review — Review available existing reports, studies, regional/agency plans,
etc.
c. Design criteria memorandum — Summary of appropriate design criteria for project
design/construction.
d. Stakeholder meetings — Up to 2 stakeholder meetings to discuss project and identify
constraints and opportunities for future design and delivery.
3. Conceptual Design and Alternative Assessment
a. Trail Alignment Alternatives — Up to 3 trail crossing locations with conceptual horizontal
and vertical alignments. This assumes 1 pedestrian crossing added to existing frontage
road bridge and 2 crossing locations not connected to existing frontage road bridge.
b. Bridge Span Alternatives — Up to 3 span configurations.
c. Aesthetic Considerations — Provide alternatives for incorporating aesthetic features into
bridge design/construction.
Engineers I Architects I Planners I Scientists
Short Elliott Hendrickson Inc., 2000 South Colorado Boulevard, Suite 6000. Colorado Center Tower One. Denver. CO 80222-7938 SEH
is 100%employee-owned I sehlnc.com 1720.540.6800 1 800,490.49661 888.908.8166 fax
Town of Firestone
St. Wain Pedestrian Bridge Feasibility Study Proposal
February 26, 2024
d. Hydraulic and hydrologic (H+H) Assessment— Review available existing drainage studies
and assess the bridge/trail alternatives impact on current floodplain.
e. Utility Evaluation — High level/desktop review of potential utilities within the vicinity of
the bridge/trail alternatives.
f. Environmental Evaluation — High-level review of the required environmental impacts for
the project and summary of potential future permitting needs. (See attached for Tiglas
Ecological Services proposal scope)
g. Project cost estimating (Design and Construction) —Provide costs for future design
services and construction of all alternatives considered for this scope.
h. Grant Opportunity Evaluation —Review potential grant opportunities and assess
applicability of available grants for this project.
4. Feasibility Study Report
a. Summary of bridge/trail conceptual design and alternatives.
b. Summary of grant applicability.
c. Cost estimates and comparisons.
d. Plan/Elevation sketch/exhibits for alternatives.
e. Deliverable report assuming 2 submittals (1 Draft Review, 1 Final Report)
Deliverables:
1. Meeting agendas/minutes.
2. Feasibility study summary report.
Scope Assumptions and Exclusions:
1. Anything not explicitly included in the scope is explicitly excluded.
2. Topographic site survey is not included. The conceptual design will be performed using available
LiDAR survey.
3. Geotechnical engineering is not included in the scope for this feasibility study.
4. Utility assessment services include desktop review only. Utility design and horizontal or vertical
locating are included.
5. The area assumed for trail crossing alternatives is assumed to be within 400' feet of the river
grade control structure immediately to the east of the frontage road bridge.
Costs:
Our anticipated costs including labor, subconsultants and expenses for the scope of services included in
this proposal are provided below:
Task Name
Hours
Cost
01—Project Management
38
$8,250
02 — Data Collection
29
$7,585
03 — Conceptual Design and
Alternative Assessment
48
$10,400
Page 2
Town of Firestone
St. Vrain Pedestrian Bridge Feasibility Study Proposal
February 26, 2024
04 — Feasibility Study Report
130
$23,550
Total
245
$49,785
Schedule:
SEH proposed to complete the scope included in this proposal within 3 calendar months of notice to
proceed. The final schedule is dependent on the schedule of other stakeholders and is subject to change
based on schedule delays that are beyond our concern.
Additional Services:
We will also furnish such Additional Services as you may request. Payment for additional services shall
be based on the time required to perform the services and the billable rates for the principals and
employees engaged directly on the project, plus charges for expenses and equipment. Additional
services will only be performed after receiving written authorization for such services from Firestone.
SEH appreciates the opportunity to present this proposal to Firestone. If you have any questions, please
contact Steve Kaye; email: skave@sehinc.com or phone: 720-540-6847.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
Steve Kaye, PE (CO)
Principal/Project manager
Page 3
DARCY A. TIGLAS
5015 Swainsona Drive
Loveland, Colorado 80537
970-635-9183(H)
970-222-2151(C)
February 7, 2024
Mr. Steve Kaye
SEH
Colorado Tower One, Suite 6000
2000 South Colorado Blvd.
Denver, Colorado 80222
RE: Proposal for Environmental Tasks for a Feasibility Study for a Pedestrian
Bridge Construction Project on St. Wain Creek Near 1-25 near Dacono,
Colorado
Dear Mr. Kaye:
This letter serves as a proposal for environmental tasks for a feasibility study for a
proposed pedestrian bridge construction project on St. Wain Creek near 1-25 near
Dacono, Colorado. The Town of Firestone is proposing to construct the structure
east of 1-25. 1 understand the scope of work for this task would include:
• Site reconnaissance to assess the proposed area where the bridge could be
constructed and determine which areas are most suitable for the bridge
construction, and
• Provide a written summary describing the need for a Wetland Delineation,
what the impact thresholds are for different permit types, and the
approximate mitigation credit purchase unit prices.
COST: $900.00
The cost estimates above include the tasks outlined above and drafting, review, and
other direct costs associated with the field reconnaissance and report preparation. If
you have any questions, or require additional information, please feel free to call me
at 970-222-2151.
Sincerely,
6ut�n'l� J L T6t4l
Darcy A. Tiglas, Biologist
Tiglas Ecological Services