HomeMy WebLinkAbout20-94 Agmt Bohannan Huston, Inc. Transportation Master Plan 10-14-2020RI•JSOLUTION NO. 20-94
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF
FIRESTONE AND BOHANNAN HUSTON INC FOR A TRANSPORTATION MASTER
PLAN
WHEREAS, the Town of Firestone ("Town") is in need of professional services to develop
a Transportation Master Plan for the Town which will guide and address the Town's current and
future transportation needs; and
WHEREAS, Town staff solicited bids for such services and selected Bohamian Huston Inc
as the lowest responsive qualified bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO,
The Agreement between the Town of Firestone and Bohatman Huston Inc for a
Transportation Master Plan 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 Agreement
on behalf of the Town.
INTRODUCED, READ AND ADOPTED this(l��y of _ ��%}�2020.
ATTEST:
Koenig,
(;�
b
u4043 •�0
o bi Sindi
Its
Clerk
. Hayashi, '1"own Attorney
Mayor
COLORADO
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into
this�day of , 2020 (the "Effective Date"), by and between the TOWN OF FIRESTONE,
a Colorado municipal corporation with an address of 151 Grant Avenue, P.O. Box 100, Firestone, Colorado
80520 (the "Town"), and BOHANNAN HUSTON, INC., an independent contractor with a principal place of
business at 9785 Maroon Circle, Englewood, Colorado 80112 ("Contractor") (each a "Party" and collectively
the "Parties").
WHEREAS, the Town requires professional services; and
WHEREAS, Contractor 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:
SCOPE OF SERVICES
A. Contractor 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: Transportation Master Plan (A2020.9903),
B. A change in the Scope of Services shall not be effective unless authorized as an amendment
to this Agreement. If Contractor proceeds without such written authorization, Contractor 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 Contractor
completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein.
B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town
shall pay Contractor for all work previously authorized and completed prior to the date of termination. If,
however, Contractor has substantially or materially breached this Agreement, the Town shall have any
remedy or right of set-off available at law and equity.
III. COMPENSATION
In consideration for the completion of the Scope of Services by Contractor, the Town shall pay
Contractor $121,370. This amount shall include all fees, costs and expenses incurred by Contractor, and no
additional amounts shall be paid by the Town for such fees, costs and expenses. Contractor may submit
periodic invoices, which shall be paid by the Town within 30 days of receipt.
Page 1 of 10
FIRESTONE
C O L D It A U 0
IV. PROFESSIONAL RESPONSIBILITY
A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the
services described herein and has all requisite corporate authority and professional licenses in good
standing, required by law. The work performed by Contractor shall be in accordance with generally accepted
professional practices and the level of competency presently maintained by other practicing professional
firms in the same or similar type of work in the applicable community. The work and services to be performed
by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations.
B. The Town's review, approval or acceptance of, or payment for any services shall not be
construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of
the performance of this Agreement.
C. Because the Town has hired Contractor for its professional expertise, Contractor agrees not
to employ subcontractors to perform any work except as expressly set forth in the Scope of Services.
V. OWNERSHIP
Any materials, items, and work specified in the Scope of Services, and any and all related
documentation and materials provided or developed by Contractor shall be exclusively owned by the Town.
Contractor expressly acknowledges and agrees that all work performed 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,"
Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The
Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy,
alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent
from Contractor.
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 -consultants 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.
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.
/is
INDEPENDENT CONTRACTOR
Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all
personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain
at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation
that it is a Town employee for any purposes.
Page 2 of 10
FIRESTONE
VII. INSURANCE
Al Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance
sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor
pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any
subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers
acceptable to the Town.
1. Worker's Compensation insurance as required bylaw.
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, employees, and contractors 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, its employees or its contractors shall be excess and not
contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any
deductible losses under any policy.
C. Contractor shall provide to the Town a certificate of insurance as evidence that the required
policies are in full force and effect. The cercate shall identify this Agreement.
VIII. INDEMNIFICATION
A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers,
volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages,
losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including
without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or
damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with
this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error,
professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any
officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim
of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability
under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented
by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or
any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor.
Page 3 of 10
FIRESTONE
B. If Contractor is providing architectural, engineering, surveying or other design services under
this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be
determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute
resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5-
102(8)(c).
IX. ILLEGAL ALIENS
A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time
of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under
this Agreement and that Contractor will participate in either the &Verify Program administered by the United
States Department of Homeland Security and Social Security Administration or the Department Program
administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of
all employees who are newly hired to perform work under this Agreement.
B. Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement.
C. Verification.
1. If Contractor has employees, Contractor has confirmed the employment eligibility of all
employees who are newly hired to perform work under this Agreement through participation in either
the E-Verify Program or the Department Program.
2. Contractor shall not use the E-Verify Program or Department Program procedures to
undertake pre -employment screening of job applicants while this Agreement is being performed.
3. If Contractor obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with an illegal alien who is performing work under this
Agreement, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor
has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is
performing work under this Agreement; and terminate the subcontract with the subcontractor if within
3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not
stop employing or contracting with the illegal alien who is performing work under this Agreement;
except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor
provides information to establish that the subcontractor has not knowingly employed or contracted
with an illegal alien who is performing work under this Agreement.
D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by
the Colorado Department of Labor and Employment made in the course of an investigation conducted
pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement.
E. Affidavits, If Contractor does not have employees, Contractor shall sign the "No Employee
Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who
Page 4 of 10
FIRESTONE
perform work under the Agreement via the Department Program, Contractor shall sign the "Department
Program Affidavit" attached hereto.
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 obligation of this
Agreement.
C. Inte rq ation. 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. 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.
I. Governmental Immunity. The Town and its officers, attorneys 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 noway
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.
Page 5 of 10
FIRESTONE
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date,
0
Koenig, Town CI
i, Town Attorney
UN�
T� N OF FIRESTONE, COLORADO
djic
c
Bobbi SindelarI Mayor
CONTRACTOR: BOHANNAN HUSTON, INC.
gy; 1�.I,L�
Denise Aten, Senior Vice President
Page 6 of 10
FIRESTONE
C 0 L 0 It A U 0
EXHIBIT A
SCOPE OF SERVICES
Contractor's Duties
During the term of this Agreement, Contractor shall perform the following duties, as directed by the
Town:
Task 1: Project Management, Public Outreach, and Coordination:
Conduct a project kickoff meeting with appropriate Town staff to review and discuss all work tasks,
technical approaches, and work products and to determine details of a public outreach plan.
Conduct regular progress meetings approximately monthly to provide updates on the progress of
the plan.
• Conduct a public meeting during the planning process to inform the community about the goals of
the TMP and better understand community values and vision with respect to transportation.
• Participate in a workshop with the Town Board to understand their desires for the community
and to keep them informed of the progress that is being made and the issues that are being
addressed.
• Coordinate with other entities such as the Denver Regional Council of Governments (DRCOG),
Colorado Department of Transportation (CDOT), Weld County, and St. Vrain Valley School District
as appropriate throughout the planning process.
• Present the final transportation plan to the Town Board for adoption.
Deliverables:
o Project schedule
o Public meeting
o Board workshop
o Meeting agendas and minutes
Task 2: Existing Conditions:
• Create a multimodal inventory of all existing transportation facilities.
• Compile inventory data for roadways with a functional classification of collector and higher
including existing bicycle and pedestrian facilities. Such data shall include roadway laneage,
sidewalk/trail locations, right4o way, traffic volumes, historic traffic growth patterns, speed limits,
and traffic control devices.
• Up to 15 traffic volume counts plus 5 intersection turning counts.
• Review relevant previous regional and Town studies, including the Town's Comprehensive Plan,
Parks, Open Space and Trail Master Plan, and corridor plans for CDOT, and adjacent communities
and counties.
• With the input of Town staff and the Firestone Police Department, identify known safety concerns.
Compile crash records from the Town, CDOT and Weld County.
Deliverables:
o Technical Memorandum which describes the current condition of the transportation
system and potential areas of concern.
Task 3: Travel Demand Model:
• Using the DRCOG travel demand model along with land use assumptions from the Town's
Comprehensive Land Use Plan and current traffic counts, develop traffic forecasts within the
Town's growth area.
Page 7 of 10
FIRESTONE
C 0 L 0 R A D 0
• Develop two travel demand scenarios: a 2045 scenario and a buildout scenario.
Task 4: Transportation Planning:
• Using the existing inventory and travel demand model, identify potential improvements and
alternatives for the Town's future transportation system.
• Identify existing gaps or inadequacies in the Town's existing transportation system.
• Using the travel demand models, identify improvements and alternatives to the Town's
Transportation system including roadway widening, road classifications, future connections, and
potential arterial and collector corridors.
• Review the Town's existing road cross -sections and right-of-way widths and update as needed to
meet future vehicular, bicycle, and pedestrian needs.
• Develop an implementation plan for the phasing (short-term, mid-term, and long-term) and funding
of the improvements needed. The implementation plan shall identify triggers for implementation of
priority improvements such as traffic volumes and population growth, and will identify opportunities
with other public agencies and private entities to fund the needed improvements. Cost estimates
for said improvements shall also be provided along with potential funding sources.
Deliverables:
o Provide five (5) copies and an original electronic version of a Draft Transportation Master
Plan.
o Board workshop to receive input on the draft report.
Task 5: Final Report:
• Prepare a draft Transportation Master Plan and Report that provides clear direction for the Town's
transportation vision, goals and needs, and provides an implementation plan to achieve those.
• Provide updated road cross -sections and right-of-way widths to be incorporated into the Town's
Standards and Specifications.
• Based on Town input, provide a final Transportation Master Plan and Report to be presented to the
Town's Board for adoption.
Deliverables:
o Provide five (5) copies and an original electronic version of a Final Transportation Master
Plan.
o Board presentation for Master Plan adoption.
Page 8 of 10
FIRESTONE
EXHIBIT A
B mannan _ Huston
Firestone TMP Proposal Cost Sheet
Task Man HptJr� [ :rJ
Task 1 Prolett Management
Coordination 40 $7,3U0,00
KickgGff Meeting 14 $21364,OO
Publi6lskeling 52 VMU,O4
Town Board Workshop 18 $2190U,00
5takeholdtrr Coordination 20 $2r9E0,00
Town Board Final presentation a 51 30U,f1(l
Identify Goa1s arld Objectives 24 $3r420.00
Task 1 Total 176 $27F400_p0
Task 2 Data Collection
Review of exlsting pions 15 $1r7fiO*GO
Inventory(roadwayfmultimodal) 86 $9r63o,0U
Task 2 Total 101 $11,390.00
cask 3 Travel Demand Modeling
Coordination on Travel Demand Model 36 $5,120*00
Travel Demand Modeling- WSP j2 scenarios) 112 5204000.00
Task 3 Total 148 $25,120800
Task4 Transportation Planning and Analysis
Identify gaps and deficiencies 66 $7,740.00
Develop recommendations 56 $7,280,00
Implementation plan 44 $5,330,00
Cost Estimates 17 $3,540,00
Develop design standards 34 $4,130,00
Task 4 Total 217 $280020.00
Task 5 Transportation Master plan
Finalize design standards/cross sections 19 $Zr400.00
Draft MTP 108 $12,550.00
Final MTP 46 $5r990,00
Task 5 Total 173 $200940.00
Labor Subtotal 815 $112,870.00
Expenses
Production and Meeting Materials
ExSubtotal
penses
Project Total (excluding applicable taxes)
Page 9 of 10
FIRESTONE
C 0 L 0 It A U 0
15UU
S 1,500,00
�114,3�a.00
EXHIBIT A
Bohannan _ Huston
BOHANNAPJ HU3TdN, INd.
FEE SCHEDULE HOURLY RATES
JULY 1, 2019
MATERIALS
ENGINEER
$100
$i15
$135
$155
$175
$215
$240
Ciril, Slrucluni, Mechanical, Beclrical
SURVEYOR
$100
$11$
$135
$155
$175
$215
$240
TECHNICAL MANAGER
$100
$115
$135
$155
$176
$216
$240
IT, GIS, Spatial Cola., Construction., Project WnEger
PLANNER - -- — ----
$95
wo
$120
$135
$150
$190
$230
Community, Transpodallon
SOFTWARE DEVELOPER
$100
$125
$150
$176
$200
$22s
$250
GIS PROFESSIONAL
$90
$100
$115
$130
$145
$180
$210
Geographic Information SWems
TECHNICAL CONSULTANT
$90
$110
$125
$135
$145
$155
$175
rr a CAoo Ccnsulfinq
TECHNICAL SPECIALIST
$77
S 1
$82
$92
$102
$115
$135
Snijrneerng Tech, Survey Tech, GeospatlalAnalyst Graphics Specialist
CONSTRUCTION OBSERVER
$70
$75
$80
$a0
$105
$120
$160
MATERIALS TECHNICIAN
$55
5es
$79
575
$ae.
$105
$125
Fkid and Lcibcrmiory Motenals Tosting
ADMINISTRATIVE PROFESSIONAL
$105
$115
$125
31140
$16n
$210
$235
Admirisiralive6 MarkMing, TeOnicalWriting
AOhIINISTRATIVE ASSISTANT
$55
$65
$75
$85
$05
$105
$120
-AND _REIMBUR SABLEF.rt'_ENSE$
Plotting, Printing, and einding — As invoices at cyst of labor and rraterjats
Courier 1 Delivery Service — As Irr,olced by provider,
jWllaaga o Tvla-Wheel I�rlve Vehicle rate as fublishod for the IRS Standard h411eage Matta.
pour-Whool Drive Vohrde rato 15 tho IRS Standard fdilobago Rabe plus $0.10 per mile.
Per Diem 1 Travel — Field personnel in accordance with the latest GSA Schedule based on location of =_ervioe.
Offipe I Professional staff travel costs, meals and lodging wiil be hiled at cost
Survey Equipment Charge—$25,=Hour.
Survey Material Charge — $2 ONHokir
Expert Witness = Rates shall be negotiated based on the requiretinents of lha contract with a minatium of four hours v+tti{e in
;curt.
Other Direct Project Expenses — At Cost.
OVertime — Performed upon request of the client; will be invoiced at 1.30 times the standard hourly rate.
Applicable Gross Receipts or Sales and Use Tax— Addedto an fees charged for professional services unless finer are
exempt and official documentation is on fife ,filth Bohannan Huston, Inc.
Page 10 of 10
FIRESTONE
C O L D It A U 0