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HomeMy WebLinkAbout24-40 Approving the Professional Services Agreement Between the Town and Bohannan Huston Inc for Neighbors Point Hawk Signal 05-08-2024RESOLUTION NO.24-40 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND BOHANNAN HUSTON INC FOR THE NEIGHBORS POINT SUBDIVISION HAWK SIGNAL DESIGN SERVICES WHEREAS, Bohannan Huston Inc ("BHI") serves as the Town of Firestone's ("Town") on -call traffic engineer and in such capacity performed the traffic study for the Neighbor's Point Subdivision; and WHEREAS, to address the issues identified in the traffic study the Town desires to install traffic signals at the locations of Neighbors Parkway and Birch Street and Buffalo Street and Sable Avenue; and WHEREAS as BHI performed the traffic study it is uniquely qualified to provide the High -Intensity Activated CrossWalK ("HAWK") signal design services in a timely and efficient manner and it is therefore in the best interest of the Town to retain BHI for such work. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Professional Services Agreement between the Town of Firestone and Bohannan Huston Inc for the Neighbors Point Subdivision HAWK Signal Design Services 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 Y+ay of March, 2024. TOWN OF ATTEST: / TOWN ZL"SEAL. � o Q M' i na Gonzalez, Interim Town Clerk �OC11, .,f O� APPROVED " William P. Hayashi, To Attorney X18 • :_ 0 • AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this � day of , 2024 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal coUporation with an address of 9950 Park Avenue, Firestone, Colorado 80504 (the "Town"), and Bohannan Huston, an independent Consultant with a principal place of business at 9785 Maroon Circle, Englewood, Colorado 80112 ("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: II. 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 Neighbors Point HAWK Signal Design (S2024.9243) B. A 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. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date and shall continue until Consultant 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 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. COMPENSATION In consideration for the completion of the Scope of Services by Consultant, the Town shall pay Consultant an amount not to exceed $62,500.00. This amount shall include all fees, costs and expenses incurred by Consultant, and no additional amounts shall be paid by the Town for such Page 1 of 7 FIRESTONE 0 ,I M 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 -Consultant s to perform any work except as expressly set forth in the Scope of Services. V. OWNERSHIP A. Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Consultant shall be exclusively owned by the Town. Consultant 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," 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 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. CO 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 Page 2 of 7 f IUPSTONE 0,� 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. 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. 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, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, recklessness or other fault of 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 Page 3 of 7 �IRESTOHE C 0 1. 0 It A U 0 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 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, 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. 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. Page 4 of 7 FIRESTONE C 0 1. 0 It A D O J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. L. Representative Authority. Each person signing this Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute the Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. ATTEST: Mir a onzalez, Town Clerk APPROVED William P. Hayashi, Town TOWN OF FIRF�SrTO�E, COLORADO i i BOHANNAN HUSTON By: Page 5 of 7 FIRESTONE C 0 L 0 It A D O J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. L. Representative Authority. Each person signing this Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute the Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. ATTEST: Miriam Luna Gonzalez, Town Clerk William P. Hayashi, Town Attorney By: TOWN OF FIRESTONE, COLORADO Drew Peterson, Mayor BOHANNAN HUSTON Jared Lee, Sr VP, Bohannan Huston Page 5 of 7 FIRESTONE March 20, 2024 Matt Wiederspahn, P.E. Town of Firestone, Town Engineer 151 Grant Avenue, Firestone, CO 80520 mwiederspahn@firestoneco.gov Re: Town of Firestone Traffic Engineering On -Call Neighbors Point Pedestrian Crossings Dear Mr. Wiederspahn, Meridian One 9785 Maroon Circle Suite 140 Englewood, CO 80112-5928 www.bhinc.com voice: 303.799.5103 fa cs i mile: 303.799.5104 toll free: 877.799,5103 Per your request, Bohannan Huston, Inc. (BHI) has prepared the following scope and fee for design of pedestrian crossings at both intersections of Neighbors Parkway and Birch St and Buffalo St and Sable Ave based on the recommendation of the recently completed warrant analysis completed by BHI as part of the Neighbors Point Traffic and Safety Analysis and School Zone Assessment Report. Task 1: Pedestrian Crossing Signal Design —Neighbors Point BHI will prepare design and construction documents for new High -Intensity Activated crosswalk (HAWK) pedestrian crossing signal at the intersections of Neighbors Parkway and Birch St and Buffalo St and Sable Ave, including: 1. Project Initiation a. Kick-off meeting b. Base file set-up c. Subsurface Utility Locating (sub -consultant) 2. Design Layout a. Crossing analysis and layout determination 3. Construction Plans (Preliminary and Final Plans) a. Title Sheet, General Notes and Overall Site Plans b. HAWK Signal Plan Layout c. Signage and Striping Plans d. Construction Details 4. Engineer's Estimate of Construction Cost (Preliminary and Final) 5. Review Meeting (Preliminary and Final) Task 2: Bidding and Construction Management Support BHI will assist City staff on an on -call basis to provide bidding and construction management support, including: 1. Pre -bid meeting attendance 2. Addenda/Clarifications to contract documents intent 3. Bid Tabulation/Recommendation 4. Pre -construction meeting attendance Matt Wiederspahn, P.E. Town of Firestone, Town Engineer March 20, 2024 Page 2 5. Submittal, Shop Drawing Review 6. RFI's, CO, Design Modification 7. Progress meetings (assumes 4 meetings) 8. Record Drawings (based on contractor as-builts) Assumptions: • Existing available LiDAR/Imagery will be the basis of design • Work will occur within existing City ROW • Assumes crossing will be located at the intersection and will not require modifications to the existing roadway, sidewalk, medians, or pedestrian ramps. • Initial Subsurface Utility Locating will include Quality Level `B' (mapping) and up to four (4) Quality Level 'A' test holes, one at each signal pole location. Additional potholing determined to be needed during design phase can be provided as an additional service. • City traffic signal standard details and specifications will be referenced were applicable • Deliverables will be digital files (.DOC, DWG, or.PDF). • Kick-off and review meetings will be held virtually • City will be responsible for coordination with local power company for service connection and agreements. • City will be responsible for overall procurement process, construction management, and full time -inspection Exclusions: • Topographic or Boundary Survey • Title Work, vesting documents, Right-of-way appraisal, negotiations and acquisition • Geotechnical engineering or pavement design • Environmental investigation or documentation • Drainage Improvements • Intersection or roadway reconfiguration or redesign • ADA ramp improvements • Traffic Control or Construction Phasing Plans • Structural Design - standard details will be used for signal foundation design, etc. • Photometrics or Electrical Engineering • Permitting or associated fees • Providing any services requiring the preparation of multiple construction plan sets for multiple phases of development is not included. • Full time construction management or observation. • Performing construction staking, or materials testing is not included. \\a-abq-fs\BusinessDevelopment\Firestone, Town of (80575)\04-Prime\Firestone Traffic On-Call\Firestone Traffic On -Call Scoping Letter .docx Matt Wiederspahn, P.E. Town of Firestone, Town Engineer March 20, 2024 Page 3 Fee: The table below contains the estimated fees to provide these services: Task 1: Signal Design SUE — QL "B" and up to four (4) potholes (Lump Sum) Construction Documents (Lump Sum) Task 1: Sub -Total Task 2: Bidding and Construction Management Support Bidding Assistance (T&M) Post Construction Award Services (PCAS): (T&M) Task 2: Sub -Total Task 3: Additional Services Additional Services as Directed by the Town (T&M) Task 3: Sub -Total Total *'Time and Materials (T&M) phases will be billed at hourly rates per attached fee schedule $ 13,140.00 $ 31,515.00 $ 449655.00 $ 4,500.00 $ 8,000000 $ 12,500M $ 5,345.00 $ 5,345.00 $ 62,500.00 We look forward to continuing to work with the Town of Firestone. Thank you again for the opportunity to provide these services. Should you have any questions around the scope and fee above, please do not hesitate to contact me. Sincerely, Jared M Lee, P.E., LEED AP Senior Vice President cc: Nate Haasis, Town of Firestone \\a-abq-fs\OusinessDevelopment\Firestone, Town of (80575)\04-Prime\Firestone Traffic On-Call\Firestone Traffic On -Call Scoping Letter .docx