HomeMy WebLinkAbout23-130 Approving Agreement Short Elliott Hendrickson Inc for Construction Services for WCR 26 and Last Chance Ditch Bridge 12-13-2023RESOLU'FION NO. 23-130
A RESOLUTION OFTHE BOARD OF TRUSTEES OFTUE TOWN OF FIRESTONE,
COLORADO, APPROVING AN AGREEMENT BETWEEN THETOWN OF
FIRESTONE AND SHORTELLIOTTHENDRICKSON, INC. FOR CERTAIN PRE -
CONSTRUCTION SERVICES AND CONSTRUCTION ADMINISTRATION SERVICES
FOR THE WELD COIJINTY ROAD 26 AND EAST CHANCE DITCH BRIDGE
REPLACEMENTPROJECT
W1 1ERE"AS, theToNvn ofFirestone (-'Town'*) is in need of professional services for certain
pre -construction services, such as design, survey and data acquisition, and bidding, together -,vith
administration of the construction contract in connection with the Weld County Road 26 and Last
Chance Ditch Bridge Replacement Project (the "Pr(, ecf*)-, and
Nk4 41'RE'AS, Short F.Iliott Hendrickson, Inc. has the requisite skilL knowledge. and
expertise to assist the Town in pre -construction services and contract administration services
during the construction phase of the PoIect.
NOW, THEREFORE, BE IT Rll_,�'SOLVED BYTHE BOARD OFTRUSTEfiS OF THE
TOWN OF FIRESTONE, C01,0RAD0:
The professional Services Agreement between the Town ot'Firestone and Short Elliott
Hendrickson, Inc. for Pre -Construction and (."onstruction Contract Administration Services in
connection with the Weld County Road 26 and fast Chance Ditch Bridge Replacement Project is
approved in substantially the same fiorm as the copy attached hereto and made a part ofthis
resolution, The Mayor is authorized to execute the Agreement on behall'ofthe 'R)wn.
INTRODUCED, READ AND ADOPTED this 13th day ot'December. 2023.
,R)WIN, 1`11RI-Sre, )NE, C01,.01tADO
Drew Alan llcterson,\Mayor
AIF 11' xi��22.0
TOWN
EAL
Kristi Bashor. Town Clerk
DocuSgn Envetope ID" 07L�)AI96-8f60-49L-,3-,8DE-8-385216691505
MR10corporavon TIM an aaaress of 99ov ?,arK Mnue, Fresione, uoloraao4pe
"Towo"), and Short Elliott Hondric"on Inc. (SEH) an Independent Consultant with a principal place of
business at 2000 Colorado Center Dr #6000, Denver, CO, 80222 ("Consultant ") �each a "Party" add
collectively the 'Part6s�").
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-,
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: Weld County Road 26 and Last Chance Ditch Bridge Replacement (S2023-9237).
S. A change in the Scope of Services shall not be effective unless authorized as an amendment
to this Agreement. If 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,
If. TERM AND TERMINATION
A. This Agr6erheht ahall d6rntn6nde on the EffediV6 Date and shall ontibue until Consultant
completes the Scope of Services until tjorninat6d a provided herein.
MMSMARM
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FIRFSTHNF
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costs, and expenses, Consultant may submit periodic invoices, which shall be paid by the Town within 30
days of receipt.
X 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 the Consultant hereunder shall be done in compliance with applicable laws, ordinances, rules, and
regulations or approved in writing by the Town,
B. Tice 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,
CBecause the Town has hired Consubrit far its professional eVertise, Consultant agmes not
to employ Sub�Consuftants to perform any work except a$ expressly set forth In the Scope of Services or
approved in writing by the Tqsth.
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If the Town reuses or makes any modification to Consultant's designs, documents, or work product
without the prior written authorization of the Consultant, the Town agrees, to the fullest extent permitted by
law, to release the Consultant, its officers, directors, employees, and sub -consultants from all claims and
causes of action arising frorn 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 arising from the Town' s modification or reuse of the documents,
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FIRFSTHNF
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 sell be, and remain
at all times; employees or agents of Consultant r t for all purposes. Consultant shall make no representation
that it is a Town employee for any purposes,
Worker's Compensation insurance as required by law,
1r18UTUU7UrfuUrsWTWT(7SrTaj1 Wiltain ally moublull tul UUU11Y Injury U1 pluperly uarnage ansloo IFUM
cornplea�d operations.
3, Professional liability insurance with minimum limits of $1,000,000 each claim and
$2,000,000 general aggregate.
'age 3 of
FIRESTONE
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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, Consultants 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 Sob -Consultant of Consultant,
W -mug
I as"7_14 wmm�
MUM U�paameni Or L Z r ano Employment to confirm me employmeni eligailly oT all employees Wrio
are n6My hired to Perform wbd< under this Agreement
C, Verification,
I If Consultant has brriployees, C6hsU!tbht has confirmed the emplooent eli�ibillty of 411
the E4erlfy Nogram or the Department Program,
I
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FIRESTONE
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who is� poeforrhing Wb* under this Agreement.
K 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),
BAll changes in the Work authorized by 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 such changes,
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. 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 Severabilit . 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.
H, A i nrn nt. leither this Agreement nor any of the rights or obligations of the Padies shall
be assigned by either Party without the written consent of the other.
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FRFSRNF
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L 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
other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-
10-101, et see., as amended, or otherwise available to the Town and its officers, attorneys or employees.
1311111111111
K Sib ect to Annual Ap2ro nation. Consistent with Article X, § 20 of the Colorado Constitution,
—p—
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,
M. Mediation, Any dispute between Town and Contractor arising out of or relating to this Agreement
or the Services (except for unpaid invoices) shall be submitted to mediation as a precondition to litigation
unless parties mutually agree otherwise,
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date,
ATTEST:
&;O
Drew Peterson, Mayor
,ell"
By:
Erica Olsen Principal
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FIRFSTONF
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WCR 26 6VOr UM Mote Ditth
1, General
1.1. Project Management
The project management team shall consist of the Town of Firestone Project Manager, also referred to
by CDOT as the Resident Engineer, and the consultant Project Manager, sometimes referred to as the
Consultant,
1.2, Project Communication and Billing
1 .2,1.The regular working contact shall be between the Town of Firestone Project Manager and
Consultant Project Manager, The consultant Project Manager and the Town Project
Manager shall provide each other with copies of pertinent written communications.
1,2.2,Consultant Project Manager shall provide the'Town Project Manager with periodic project
updates and reports, monthly billings, and minutes of all meetings on a routine basis,
1.3, Project Coordination
1.3.1.Responsibilities of Consultant
1.3.1,1. Consultant shall be responsible for planning and holding meetings, identifying
potential problems, assistance with, but not entirely responsible for, keeping the
Town up to date with all Local Agency deliverables needed to acquire CDOT approval
and federal funding (keep up with forms and requirements),
13,1,2. Consultant shall be responsible for coordinating with Last Chance Ditch
Company and calling all their meetings together, submitting and filing all required
paperwork.
13AI Consultant shall be responsible for planning and holding meetings with CDOT,
filling out all required paperwork, and required communication with the CDOT.
1, . Schedule Preparation, Tracking, and Coordination
1.4. 1 Consultant shall prepare a schedule and see to it that it is followed. Consultant shall give
the Town of Firestone sufficient prior notice of any situation that would change the project
schedule.
1.41,Deliverables:
* Project Schedule
1.5. Project, Stakeholder, and Public Meetings: Bi-weekly progress Meetings shall be arranged and
conducted by the Consultant to review the following:
• Latest project developments
• Activities required to be completed since the last meeting
• Coordination and tracking of work of
• Problems encountered/anticipated and resolution/potential solutions
• Project schedule update
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0 Action items
• Coordination required with other agencies
• Revised construction cost estimate (applies to FIR and FOR submittals only)
These meetings should coincide with important project milestones; however, the type and number of
meetings, documents, etc. shall depend on the category and characteristics of the project work.
It is anticipated that the following meetings shall be required:
• Project Kickoff Meeting
• FIR Meeting
• FOR Meeting
• Meetings with Last Chance Ditch Company
• Utility Coordination meetings
Project Meeting Minutes shall be completed and provided to the Project Manager within five (5) working
days of the actual meeting. When a definable task is discussed during a meeting, the minutes shall
identify the "Action Item," the party responsible for accomplishing it, and the proposed completion date,
2, Project Start -Up
21. Design Scope Review/Kickoff Meeting
Before the meeting, the Consultant shall provide the following:
• Kickoff meeting agenda
• Develop questions for the Town
• Develop a list of documents or data to be requested from the Town and from CDOT
2.1,1.Deliverables:
* Kick off Meeting minutes with Action Items
2.2. Development of Project Standards and Design Criteria
2.2.1.Brid ge Design Criteria: The Team shall develop project standards and guidance documents
based on their review of the project site and in coordination with CDOT standards.
2.2,2,Detiverables:
0 Provide a list of guidance documents (PDF)
2.3. Municipality, Utility, Stakeholder and Public Notification List
23.1.Deliverables:
0 Property Owner/Stakeholder List (Excel format)
2.4. Right of Entry (ROE)
2.4.1.Need to Verify Last Chance Ditch Company
2.4,2.CDOT Right -of -Entry Forms shall be used to notify landowners
2.5, Utility Coordination
2.5.1.The Consultant shall notify registered utility providers, pending engineering design and
investigation, as listed on the Utility Notification of Colorado (811). The consultant shall be
responsiblefor coordinating with the utility companies for conflict resolutions and utility
relocations,
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2.5.2.Deliverables:
* Memo of Utility Contacts and information obtained
3. Data Collection
3.1. Consultant Inspection (Included with kickoff meeting)
3.1.1.In-depth field visits to verify all defects and verify the scope of work, The scope may
change at this stage.
3.1.2,Dehverables
• Any critical Inspection Report updates discovered
• Memo. Summary of findings and general scope of replacement work planned. 1
3,2. Geotechnical Data
3.2.1,Consultant shall acquire all geotechnical information required for a complete design,
3.2.2.Geotechnical investigation shall include pavement design recommendations.
33, Subsurface Utility Engineering (SUE) in accordance with state regulations
3A COT Clearances
3.4.1,Consultant shall initiate this process with CDOT to obtain all clearances needed for
construction:
• Environmental
• Right of Way (ROW)
* Utility
3.5, Last Chance Ditch Company Clearances
3.5.1.Consultant shall coordinate with Last Chance Ditch Company on hydraulic requirements
and construction criteria.
3.6. Initial Survey
3.61 Consultant shall prepare plans that will be sufficient for submittal with the rest of this
package. This survey shall be performed under the direct supervision of and seated by a
Licensed Professional Land Surveyor (PPS ) in the State of Colorado.
3.6.2.Deliverables
* Land Survey Control Diagram and Topographic Exhibit
4, Field Inspection Review (FIR) Plans
4.1, FIR Preliminary Plan Set
4,1.1.Consultant shall develop FIR level plans (60% level) using CD Drawing Standards to
complete an on -site review of preliminary construction plans, The replacement plans shall
be based on established project design criteria. The plans shall include preliminary
structure replacement plans, preliminary roadway improvement plans inclusive of
stormwater management for the mainline and connecting roadway (if applicable), and
construction phasing plans inclusive of traffic control. Necessary variances and design
decisions shall be identified with justification and concurrence by the Town of Firestone.
The following items shall be submitted at this Phase:
4A.2,Deliverables
• FIR Preliminary Plans
• Structure Selection Report
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• Index of anticipated CDOT Standards Specifications and Special Project Provisions and
Specifications
• Preliminary opinion of probable cost for the work described in the 60% plans based on
estimated quantities
• Quality Assurance Review Certification Memo (Town is okay with the SE11-format
documentation)
4.2. FIR Meeting
4.2.1,The FIR plan package shall be submitted to the Town for review prior to the meeting. A
meeting agenda shall be prepared and submitted to the Town prior to the meeting. The
consultant shall conduct a project review meeting with the Town Resident Engineer, CDOT
representative, and Consultant team.
4.2.2.Detiverables
* FIR Meeting Minutes
4.3. Quality Control Review and Audit
4.3,1.Consultant shall perform a quality review and audit on deliverable package before
submission to the Town, CDOT, and related project stakeholders.
4.4. Local Agency (LA) Requirements
4,4.1,Consultant shall work with Town regarding all local agency clearances and other
requirements to submit prior to the Final Office Review. All clearances shall be completed
and signed by a CDOT representative,
S. Final Office Review (FOR) Construction Documents
5.1. FOR Deliverable Package
5.1.1,Consultant shall develop FOR level Construction Documents (90% level) to complete an
office review of the plans, details, specifications, cost estimates, and other elements
pertinent to the final design. Design decisions and variances shall be finalized at this phase
and submitted for final review prior to 100% Construction Documents. The following items
shall be submitted in this Phase:
5.1,2.Deliverables
• FOR Final Construction Plans
• Final Project Special Provisions and Specifications
• Final Opinion of Probable Cost
• Local Agency Clearance Letters and other required forms
• Utility Plans
• ROW plans
• Stormwater Management Plans
5.2, FOR Meeting
5,2, I.The FOR -plan package shall be submitted to the "Town for review prior to the meeting, A
meeting agenda will be prepared and submitted to the Town prior to the Meeting.
Consultant shall conduct a final project review meeting with the Consultant team, Town
Resident Engineer, and CDOT Representative.
5.2.2.Detiverables
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FOR Meeting Minutes
5.3. Quality Control review and Audit
.3..Consultant shall perform a quality review and audit on the deliverable package before
submission to the Town, CDOT, and related project stakeholders:
6. Design Phase Completion 00% CD)
6.1. Revise Construction Documents from FOR fleeting
6b :.. "he original plan sheets and specifications shall be revised per the 90 design review
meeting comments and submitted to the Town.
6.2. Revise and Amend Final Deports
6.2.1 he consultant shall finalize and procure copies of the final reports and submit them to the
Town.
6.3. lest Chance bitch Company Exhibits and Potential Agreements
6.3.1.Revise and finalize as needed
6.. Quality Assurance / Quality Control Q Review and Audit
6.5. review Design Phase Completion �'t'� CDs)
6.6. Review Audit and Certification Memo
6.7. Deliverables
6,71.Constructic n Plan Package
Devised Final Plans
Project standard and special provisions
• Final Opinion of Probable Cost
• Final laid schedule
6.7,2.Final Engineering Package (in accordance with C OT structure submittal requirements)
• Project Calculations or worksheets
• Copies of variances;: design decisions, and variance approvals
. Bidding Assistance
71, The consultant shall work with Firestone Staff to assemble font -end bid documents, These
documents shall be included with the project specifications and construction drawings prepared
during the design phase.
.2. The consultant shall attend one pre -bid meeting.
7.1 The consultant shall work with the Town to prepare answers to questions during the bidding
phase
Engineering services during construction
... Consultant will perform the fallowing services during construction-,
• i Fl;review/response
• Construction submittal review
• Shop drawing review
• Construction observation site visits
• Precast structure fabrication inspection
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. Any scope item not explicitly included is explicitly excluded.
. All items in this proposal l are based on NTP within the calendar year of 2023. If the NTP date is
later, additional consideration and/or design fee may be required;
r Assume one f round of comments each for FIR and FOR design phases,
k Fee estimate includes b -weekly progress meetings for the anticipated length of the project.
5. ROW acquisition is not anticipated, so it is not included in this proposal. However, SFI-I has the
resources to provide such services, if needed, with Town's authorization. ization. If ROW acquisition
services deemed necessary, an updated ;scope and fee proposal tailored to the project needs
will be submitted to the Town Board for approval.
. Design to utilize Town of Firestone standards but use the most restrictive between Town and
CDOT standards;
7. Town has provided Branden Fffland's ernail address with Summit Water Engineers for the Last
Chance Ditch Company coordination. Town to initiate the correspondence after NTP.
Town of Freston 's ROW Permit will be required for work within ROW.
L Assumes one ) site visit for SEH structural staff.
a The design assumes a precast concrete box culvert with CDOT standard concrete win walls. If
the replacement structure was determined to be a single wary bridge e through the structure
election process scrape and design fee revisions adjustments may be required.
A A OT-format Structure Selection Report is included in the scrape.
Bidding Phase Services incj
1. Includes one 1 in -person pre -bid meeting;
Engineering Services During Construction 1SEri lrcl
. Assumes review and response to two RFI's;.
Assumes review of two 2 construction submittals.
Assumes review of three shop drawings.
. Assumes two construction site visits.
S. AsSUme?s one precast plant visit,
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1, Survey control establishment and set project control based on Colorado State Plane Coordinates
North Zone (0501) modified to ground.
2Topography survey {TB D if by Drone or Conventional, Price given is for conventional method
depending on time of year for vegetation/crop coverage).
3, PLSS monument rett'ieval-Property/Ownership Research -Property and ROW Mapping are
included.
4, Utility markings, Structures, and Test Hole survey is included in scope.
5. Assumes 2022 AutoCAD drawing representing existing conditions with one -foot contours,
6Title Commitments, title reports, ROW/easement exhibits, and legal descriptions are not
included at this time, due to the Addendum response stating that all the work is expected to be
within the existing ROW. If ROW or temporary/permanent acquisition is needed, additional
design fee and expenses may be needed.
7, Appraisal staking is not included.
R. Right of Entry Coordination using CDOT ROE form is included in scope.
9Permanent ROW Monument Staking is not included in scope.
10Up to 4 test holes (2 hard surface, 2 soft surface) are included for QL-A locates. The final cost will
be adjusted based on the number of test holes required.
11SEH will hire a drilling subconsultant to perform the QL-A Test holes for this project, if needed.
H & i i in i
1Assumes one (1) virtual or phone meetings to coordinate with Town of Firestone
2. Existing/Design flows to be provided by Last Chance Ditch Company
3, Assumes one (1) round of comments from the Town per phase,
4, Assumes one (1) round of comments from the CDOT per phase.
5Assumes no Water Quality or Detention will be required.
6, No -Rise Certification, CLOMR, and LOMR are not included.
7, Hydraulic Report to be delivered in PDF format.
& Permits and Fees to be prepared and provided by Others.
9, Stormwater modeling to be provided as PDF results.
Traffic �sp_,�t
1, A traffic count/traffic study for vehicles, pedestrians, cyclists is not included in scope.
2. On -site detour (shoofly) design is not included in this scope as the Town confirmed an off -site
detour through MICR 15 will be feasible and preferred,
3, Traffic count recorded on the latest Bridge Inspection Report shall be used for pavement design.
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Environmental (11'iglas Ecc'Oogical Senoct','sl!
1, Three (3) virtual meetings are assumed for the environmental team.
2. The CDOT Categorical Exclusion Checklist (CatX) will be completed which includes Wetland
Delineation, Wetland Finding Report, Sensitive Species Evaluation, Cultural and Historic
Resources Assessment, Noxious Weed Survey and Report, Environmental Initial Site Assessment,
and Migratory Bird Survey and Report,
3. It is assumed that CDOT will provide work required for archaeology and paleontology
clearances, and these services are excluded from our scope.
4. A 404 permit is not included, because based on the location and termination of the ditch, we
anticipate the ditch will not be Federally (US Army Corps) jurisdictional.
Geotechni4 Investigat i o n i�'J'J' C AL G e c'l :>c � e t i ce, S & F, r r� e
1. Cut and fill depths are expected to be minor (less than approximately three feet).
2. Assumes traffic control will be required for the fieldwork.
3. Weld County/ Town of Firestone are the only possible permitting authorities and will not assess
permit -related charges to access the W.
4, All fieldwork will be completed during unrestricted daytime hours in accordance with the time
restrictions denoted on the ROW permit and should be completed within about two (2) business
days,
5. A private utility locator will not be needed.
6. Scope assumes the replacement structure is a concrete box culvert. Additional borings may be
required to support a bridge design project.
7. Some utility site meetings and boring location adjustments may be required prior to drilling.
& Scope includes one (1) boring to about 50 feet, or 15 feet into bedrock, whichever is shallower
for foundation design purposes and two (2) borings to about 10 feet in the bridge approaches
for pavement design.
9. The estimated fee includes traffic control during drilling activities including flaggers, lane
closure, signs, cones, and traffic control plans.
10. Assumes no additional efforts for embankments and retaining walls. If these items are required,
additional fee may need to be negotiated.
1L Scope and fee include pavement design. The cost may be deducted if pavement design services
is not required.
12. Groundwater monitoring wells and permeability and/or percolation testing are not included.