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HomeMy WebLinkAbout23-106 Approving Agreement Bohannan Huston, Inc Pre-Construction Services and Construction for I25 Frontage & Firestone Blvd Intersction Improvements 10-16-2023RESOLUTION O. 23-106 A RESOLUTION OF THE BOARD OF TRUSTEES OF THETOWN OF FIRESTONE, COLORADO, APPROVINC AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND BOHANNAN HESTON, INC. FOR CERTAIN PRE - CONSTRUCTION SERVICES AND ( ' CON 'ONSTRUTIADMINISTRATION SERVICES FOR THE 1-25 FRONTAGE AND FIRESTONE BOULEVARD INTERSECTION IMPROVEMENTS PROJECT �N'Fl FREAS, theT()N-vn of Firestone (-Town") is in need of'professional services, ft)r certain pre -construction services, such as design, survey and data acquisition. and bidding. together with administration of the construction contract in connection with the 1-25 Frontage and Firestone Boulevard Intersection Improvements Prc�ject (tile "Pr (jJect"); and \N-TIEREAS, Bohannan Huston, Inc, has the requisite skill, knowledge, and expertise to assist the Town in pre -construction services and contract administration services during the construction phase ofthe Pr(ect, NOW.''I'FIFREFORL 13E l*FRl SOLVED BY "I'l-11"BOAR: 01"TRUSTEES OF TI-11" TOWN OF FIR[.-,S'l'ONE, CC LORADO: 'I"he Protessional Services Agreement between the Town of Firestone and Bohanna Fluston. Inc. for Pre -Construction and Construction Contract Administration Services in connection with the 1-25 Frontage and Firestone Boulevard Intersection Improvements project is approved in substantially the same f'onn as the copy attached hereto and made a part of` this resolution. 'I"he Mayor is authorized to execute the Agreement on behalt"of the'fown. INTRODUCED, READ AND ADOPTED this I I th day of'October, 2023, TOWN 01" FIRl"I'STONE. COLORADO APPROVI'll) AS'FO WHEREAS, Consultant has held itself out to the Town as having the requisite expertise and experience to perform the required professional services, Ni, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. 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 1.25 Frontage and Firestone Blvd Intersection Improvements (S2023-9238) B, A change in the Scope of Services shall not be effeefive unless authorized as an amendment to this Agreement, If Consultant proceeds without such whiten authorization, Consultant shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantLIM 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. If. TERM AND TERMINATION X 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 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, Ill: COMPENSATION m consideration for the completion of the Scope of Services by Consultant, the Town shall pay Consultant $120,000.00 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. Page I of 6 FIRFSTONF IIV. PROFIESSIONAL ktSPONSIBILITY B, The TdwWs reviOW, approval or aixiaptahte of, of p4hn6ht fbr any seMdes shall hot be n r I LIM IMI LIVI Lift; kjuflz�)W tizJ11ult1tv t;-UM:IIIJLJUIA4 IfivilvinuvZO)l UM410, JUG coftopts on other prqledts, th 6ther contots or f6r other cWnts � 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. Page 2 of 6 141", FIRFSTONF V11. INSURANCE A, Consultant agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, clairns, demands, and other obligations assumed by Consultant pursuant to this Agreement. At a minimum, 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 , Workers Compensation insurance as required by law, completed operations. 1 Professional liability insurance with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate, 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. Page 3 of 6 FIRFSTONF Consultant, or any officer, employee, representative, or agent of Consultant or of any Sub -Consultant of Consultant A, Certification. By entering into this Agreement, Consultant hereby certifies that, at the time of this certification, it does not knowingly employ or contract with a worker without authorization, as that term is defined in CRS. § 8-17.5-101(9), as amended, who will perform work under this Agreement and that Consultant will participate in either the E-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. C' Verification, 1If CohtLibrit has employees, Consultant hai§ confift6d the emptoymerit eligibility of all moloyeeg who are newly hired th perfbrm w6rk under this Agreement through participation in either the EEWorify Program or the Deportment Prograrrr� 3, If Consultant obtains actual knowledge that a Sub -Consultant performing work under this Agreement knowingly employs or contracts with a worker without authorization, as that term is defined in C.R.S, § 8-17.5-101(9), as amended, who is performing work under this Agreement, Consultant shall, notify the Sub -Consultant and the Town within 3 days that Consultant has actual knowledge that the Sub -Consultant is employing or contracting with a worker without authorization, as that term is defined in CRS, § 8-17.5-101(9), as amended, who is performing work under this Agreement-, and terminate the subcontract with the Sub -Consultant if within 3 days of receiving the notice required pursuant to subsection 3 hereof, the Sub -Consultant does not stop employing or contracting with the worker without authorization who is performing work under this Agreement; except that Consultant shall not terminate the subcontract if during such 3 days the Sub -Consultant provides information to establish that the Sub -Consultant has not knowingly employed or contracted with a worker without authorization, as that term is defined in CRS. § 8-17.5-101(9), as amended, who is performing work under this Agreement. Page 4 of 6 FIRFRTIINF X A Change Order is a written instrument issued after execution of the Agreement signed by Town and Contractor, 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 applicable Change Order shall be performed under the applicable conditions of the Contract Documents, Town and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustment such changes, A. Governin 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, & 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, Ins ration, 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, R §Sgyq�rabili . 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. Gx Modification, This Agreement may only be modified upon written Agreement of the Parties, K Akjg�. Neither this 4roement nor any of ft rights or obliggons of the Parties shall be atsigried 4 either Party without the Writt�n obbsent of the 6ther� 1. Governmental Immuni , 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 Page 5 of 6 FIRFSTflNf other rights, immunities or protections provided by the Colorado Governmental Immunity Act, CRS. § 24- 10-101, et seq,, as amended, or otherwise available to the Town and its officers, attorneys or employees. lowlegal 0FeqUl1a0MFWTeU[U5o FUTe7VnPQUJ7 IM SUM re tes May ve 7777777, Tor wor ne�fi�ehfl� or dofWiVoly performed, K Subiec . 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: 0 BOHANNAN HUSTON, INC. By, Page 6 of 6 ARRUMF [�� =BITA Bohannan,., Huston August 11, 2023 Matt Wiederspahn, P.E. Town of Firestone, Town Engineer 151 Grant Avenue, Firestone, CO 80520 mwiederspahn@firestoneco.gov FWOh��Call 1-25 Frontage and Firestone Blvd loters#d1oh Improvements Dear Mr. Wiederspahn, Meridian One 9785 Maroon Circle Suite 140 Englewood, CO 80112-5928 www.bhinc,com voice 303,799.5103 facsimile, 303,799.5104 toll free:° 877,799,5103 BHI will Project Administration and Management through the duration of the project, including: 1, Project Administration a. Initial client kick-off meeting b. Prepare Project Management Plan L Finalize project scope ii. Finalize project schedule 1. Identify milestone and critical path elements iii, Identify Project Team c. Prepare Project contact list d, Subconsultant management e. Monthly progress reports f. Monthly invoicing 2. Monthly Project Meetings a. Prepare agendas b, Progress report and schedule update c, Prepare meeting notes Engineering A Spatial Data A Advanced TechnologieS A Matt Wiederspahn, P.E. Town of Firestone, Town Engineer August 11,2023 Page 2 BHl will provide field work in order to support design, including. 1 . Design Survey and Mapping a. 131-11 will provide design surveying including: Prepare Survey Control, including a project benchmark Provide a Control Diagram and report. iii. Perform Right -of -Way (ROW) Research and Mapping based upon record document research and review, field investigations to obtain boundary evidence, and collective evaluation of evidence to arrive at a defendable right-of-way determination. iv, Topographic Design Surveying include features of interest such as pavement markings, edge of pavement, concrete pavement segment joints, curb & gutter, curb cuts, sidewalks, signage, pedestrian access points, arterial streets, retaining walls, and marked and visible evidence of utilities, within the roadway corridor per the attached project boundary map, 2, Utility Location: BHI subconsultant, Underground Consulting Solutions (UCS), will provide field locating of existing utilities in accordance with Senate Bill (SB) 18-167 for integration into BHI design survey files. UCS will Notify CO 811 of engineering required project and perform records research of existing subsurface within the project limits by contacting each utility owner and obtaining their available facility records. UCS will perform geophysical investigation and marking of existing traceable (metallic or nonmetallic buried with trace wire) subsurface utilities. 3. Geotechnical Investigation and Pavement Design a. BHI subconsultant, Ground Engineering (GROUND), will provide geotechnical investigation including: L Perform soil test borings at two locations within existing pavement to measure existing pavement thickness. GROUND will Drill 4 test holes using a conventional, truck-mOUnted drilling rig to evaluate the subsurface profile and to obtain earth material samples for laboratory testing at locations to be determined by GROUND. The test holes will be drilled within/near the pavement improvement areas. Test holes will be drilled to depths of approximately 5 to 10 feet below existing grades. The test holes will be drilled to target depths or to practical auger refusal, whichever occurs first-, final depths of the test holes, however, will be determined in the field as exploration progresses and as the subsurface soil profile becomes evident, H, Prepare geotechnical report/engineering summarizing: 1. Existing soil/bedrock and pavement conditions 2. Recommendations for site grading/earthwork operations, Town of f80575)'\04,,"6,ne\R,e5t0ne T,aff�r OnCal'\Fwestone Traffic O�-Call Scoping Letter docy Matt Wiederspahn, P.E. Town of Firestone, Town Engineer August 11, 2023 Page 3 excavation conditions, site utility installation, soil corrosivity, water-soluble sulfate content, and pavement sections developed per the Town of Firestone's Design Standards & Construction Specifications for Public Improvements, 2022 Edition. Task 3: Preliminary Design mist BHl will review/perform drainage analysis to comply with the current Town Stormwater Criteria to document stormwater impacts. It is assumed that the impacts will be nominal and new infrastructure will not be required, BHl will prepare a brief drainage memo to document the drainage impacts from the improvements, including relative comparison of increased impervious area and runoff. BHI will coordinate and review plans with Cat as part of anticipated right-of-way permit application. BIII will prepare final design documents based on preliminary design review comments for submittal and review with the City for construction bidding, including: 1. Construction Drawings including, a. Title Sheet, Project Data, Plans Index b. General Notes c. Typical Sections d. Project Control and Survey Sheet a. Removal Plan f. Roadway Plan and Profile/Intersection Plan Sheets g, Grading and Drainage Plans h, Signal Modification and/or Relocation Plans Tofir, of (80575)9 Pr, v\Filestone Traffic On-CV'4resftone Traffic Or, ail *coping Letter docx Matt Wieders ahn; P,E, Torn of Firestone, Town Engineer August 11, 2023 Page i Grading, Erosion and Sediment Control flans and Details ! Signage and Striping Plan l : Traffic Control 1, ConstructionPhasing/Jointing flans rr , Miscellaneous Construction ction [Details 2. Technical Specifications Final Engineer's Estimate of Construction Cost Attendance at Final Review 95 meeting Task &. Bidding and Constmtflon Management Support Hl will assist City staff can anon -call basis to provide bidding and construction management support, including These services shall cover any additional work items that arise during the design phase of the project, the services shall be requested in writing by the Tien of Firestone that fall outside the scope defined above p to the budget provided in the fee estimate below. Assumptions: Kick -riff and review meetings will be held in -person. progress rrreetings will be virtual. All improvements will be within public ROW and easements or ROW acquisition is not necessary, Field work will be performed within public ROW This scope of work does not include, any fight -of -entry requests or coordination of right -of -wiry comer mon rmentation. Traffic impact study or additional analysis of intersections or adjacent roadways is not included, Signal timing or phasing modifications not included. The proposed project does not include any state or federal Binding and therefore will not re ui a federal authorization or clearance, The irrprovernents will be designed within CDOT right-of-way, BHl will support in permitting and coordination with CD T as deeded. SUE will include t L: ` `locating, Up to 4 Utility Test Holes are included, Any additional test holes determined to be needed during Preliminary Design Phase will be completed f as an additional service: It is assumed that the overall run-off quantity and drainage patterns will l rernsin relatively 0 - of , tsl sins 9 s n�"t� r si a, lawn of (80575)\04-Pr e`f-;res an T affic On- afl\ Arestonr Ifaf 1c On-W Sr.opmg Letter doa Matt Wiederspahn, RE. Town of Firestone, Town Engineer August 11, 2023 Page 5 unchanged, Regional drainage management or offske improvements are not included. CDOT Standard Drawings and Specifications may be referenced where applicable. Defiverables will be digital files (DOC, DWG, or,PDF). Exclusions: Title Work, vesting documents, Right-of-way appraisal, negotiations and acquisition CDOT ME Pavement Design Environmental investigation or documentation Drainage Improvements ADA ramp improvements Traffic Operations Analysis or Modeling Structural Design, including signal foundations, Standard Details will be used, Photometrics or Electrical Engineering New landscaping or irrigation design. Landscape restoration and restabilization will be included as part of plans. Public Meetings Permitting or associated fees Full time construction management or observation, Performing construction staking, or materials testing is not included, Fee: The table below contains the estimated fees to provide these services, Task I - Project Control (T&M) $8,430.00 Task 2. Survey and Data Acquisition (T&M) $39,868.50 Task 3: Preliminary Design (T&M) $17,61&00 Task 4: Final Construction Documents (T&M) $24,564,00 Design Sub -Total $90,480.50 Task 5.- Bidding and Construction Management Support (T&M) $14,734,00 Task 6. Additional Services (T&M) $14,785,50 Total $120,000.00 **Time and Materials (T&M) phases will be billed at h0LJrlY rates per attached fee schedule 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. Town of Paffic Or, Ca" \Flrestone 1,affic On, Call Scoring tetter Aacx Matt Widrsn, P.E. Town of Firestone, Town engineer August 11, 2023 Page Jared M Lee; .E,, LEED AP Senior" Vice President Nate Hsi, Town of Firestone ;;a a �fs itras n ssG veS c rnnt`rri�e,t n , lawn of (65 € �i r'nlmr eFir drone Traffic v n-CaH\F"estome iriffrc OnCall Scoping Letter .docx F3'+r v3' ta"'O, TaW Of 0057,N14 lim e'Af ag„sae ,. tiraffl,; . ll-C,AIN2% a ,sS r Eu..,,a^ra) BW" rsa,+, sr.Nfi+orx issism,@",taa ..r B gestone ',Vd Old 25 f Y. l aga F.0 Eabvnr te: ri- 1 2 3 4 5 6 7 ENGINEER $105 $123 $143 $163 $183 $220 $245 Civil, Structural, Mechanical, Electrical SURVEYOR $105 $123 $143 $163 $183 $220 $245 TECHNICAL MANAGER $105 $123 $143 $163 $183 $220 $245 IT, CIS, Spatial Data, Construction, Project Manager PLANNER $95 $105 $120 $135 $155 $190 $235 Community, Transportation GIS PROFESSIONAL $90 $100 $115 $130 $150 $180 $210 Geographic Information Systems TECHNICAL SPECIALIST $72 $77 $82 $92 $107 $120 $135 Engineering Tech, Survey Tech, Geasp atial Analyst, Graphics pecialist I I CONSTRUCTION OBSERVER $73 $78 $83 $93 $108 $123 $163 MATERIALS TECHNICIAN $55 $65 $75 $80 $95 $115 $135 Field and Laboratory Matedals Testing PROJECT ADMINISTRATOR $85 $100 $120 $140 $160 $180 $210 ADMINISTRATIVE ASSISTANT $55 $65 $75 $85 $95 $105 $120 Ciefical Support MATERIALS AND REIMBURSABLE EXPENSES Plotting, Printing and Binding - As invoiced at cost of labor and materials. Courier / Delivery Service - As invoiced by provider. Mileage - As published for the IRS Standard Mileage Rate. Per Diern/Travell - Field personnel in accordance with the latest GSA Schedule based on location of service. Office/Professional staff travel costs, meals and lodging will be billed at cost. Survey Equipment Charge - $25.00/Hour. Survey Material Charge - $2.60/Hour, Expert Witness - Rates shall be negotiated based on the requirements of the contract with a minimum of four hours while in court. 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 - Added to all fees charged for professional services unless they are exempt and official documentation is on file with Bohannan Huston, Inc. U" Usage Charge - Rates shall be negotiated based on the requirements of the contract.