HomeMy WebLinkAbout23-36 Bohonnan Huston Traffic Engineering Services Neighbors Point Traffic Calming & School Zone Assessment 03-22-2023RESOLUTION NO.23-36
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN
THE TOWN OF FIRESTONE AND BOHANNAN RUSTON FOR TRAFFIC
ENGINEERING SERVICES PERTAINING TO THE NEIGHBORS POINT
TRAFFIC CALMING AND SCHOOL ZONE ASSESSMENT PROJECT
WHEREAS, the Town of Firestone ("Town') is in need of professional traffic engineering
services for the Neighbors Point Traffic Calming and School Zone Assessment Project (the
"Project'); and
WHEREAS, the Town finds that Bohannan Huston ("Bohannan") has the expertise,
qualifications, and experience to perform the work and duties required for the Project, and desires
to enter into an agreement with Bohannan to provide the services as described in the scope of
services, attached to the Professional Services Agreement as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, COLORADO:
The Professional Services Agreement between the Town of Severance and Bohannan
Huston 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.
PASSED AND ADOPTED this 2Lday of M4rCh 2023.
ATTEST:
Frank A. Jimenez, ayor Pro-Tem
NWhwTEuna Gonzalez, Deputy Town Clerk
APPRO VED AS 17 F RM:
Mu
William P. HayasfiiLTown Attorney
AGREEMENT FOR PROFESSIONAL SERVICES
HIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement') is made and entered into
this l,day of K4131(Ch , 2023 (the "Effective Date"), by and between the TOWN OF FIRESTONE,
a Colorado municipal corporation with an address of 9950 Park Avenue, Firestone, Colorado 80504 (the
"Town"), and 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:
I. SCOPE OF SERVICES
A. Consultant shall furnish all labor and materials required for the complete and prompt
execution and performance of all duties, obligations, and responsibilities which are described or reasonably
implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this
reference and known as: Neighbors Point - Traffic Calming and School Zone Assessment (S2023.9232).
B. 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.
IL 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 Consultant for all work previously authorized and completed prior to the date of termination. If,
however, Consultant has substantially or materially breached this Agreement, the Town shall have any
remedy or right of set-off available at law and equity.
III. COMPENSATION
In consideration for the completion of the Scope of Services by Consultant, the Town shall pay
Consultant based upon services rendered and billed in accordance with the rate schedule attached hereto
as Exhibit B, but in no event shall the total compensation exceed $31,175.00. This amount shall include all
fees, costs and expenses incurred by Consultant, and no additional amounts shall be paid by the Town for
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such 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.
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 -Consultants 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 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.
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.
VI. INDEPENDENT CONSULTANT
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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.
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, Consultant shall procure and maintain, and shall cause any Sub -
Consultant to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable
to the Town.
Worker's Compensation insurance as required by law.
2. Commercial General Liability insurance with minimum combined single limits of $1,000,000
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 Consultants 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 Consultants 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.
Vill. 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, or other fault of Consultant, any Sub -Consultant of Consultant, or
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any officer, employee, representative, or agent of Consultant, or which arise out of a worker's compensation
claim of any employee of Consultant or of any employee of any Sub -Consultant of Consultant. Consultant's
liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount
represented by the degree or percentage of negligence or fault attributable to Consultant, any Sub -Consultant of
Consultant, or any officer, employee, representative, or agent of Consultant or of any Sub -Consultant of
Consultant.
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. WORKER WITHOUT AUTHORIZATION
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 C.R.S. § 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.
B. Prohibited Acts. Consultant shall not knowingly employ or contract with a worker without
authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, to perform work under this
Agreement, or enter into a contract with a Sub -Consultant that fails to certify to Consultant that the Sub -
Consultant shall not knowingly employ or contract with a worker without authorization, as that term is defined
in C.R.S. § 8-17.5-101(9), as amended, to perform work under this Agreement.
C. Verification
1. If Consultant has employees, Consultant 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. Consultant 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 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 C.R.S. § 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;
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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 C.R.S. § 8-17.5-101(9), as amended,
who is performing work under this Agreement.
D. Duty to Comply with Investigations. Consultant 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 Consultant is complying with the terms of this Agreement.
X. CHANGE ORDERS
A. 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.
XI. 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. Integration. This Agreement constitutes the entire Agreement between the Parties,
superseding all prior oral or written communications.
D. Third Parties. There are no intended third -party beneficiaries to this Agreement.
E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient
when directly presented or sent pre -paid, first class United States Mail to the Party at the address set forth
on the first page of this Agreement.
F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction
to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and
effect.
G. Modification. This Agreement may only be modified upon written Agreement of the Parties.
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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 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:
Mi a onzalez, Deputy Town Clerk
APPROVED AS TO FORM:
William P. Hayashi, n Attorney
TOWN OFPF RES,JONE, C RADO
Frank A. Jimenez, Mayor Pro-Tem
4010
CONSULTANT: BOHANNAN HUSTON
go
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C U 1. 0 N A U U
EXHIBIT A
MeoonCirne
Bohannan _ Huston
9785 Maroon Circle
Suite 140
Englewood, CO
80112-5928
March 10, 2023 www.bhinc.com
voice: 303.799.5103
facsimile: 303.799.5104
Matt Wiederspahn, P.E. toll free: 877,799.5103
Town of Firestone, Town Engineer
151 Grant Avenue, Firestone, CO 80520
mwiederspahn@ftrestoneco.gov
Re: Town of Firestone Traffic Engineering On -Call
Neighbor Parkway School Zone Study and Traffic Safety Study
Dear Mr. Wiederspahn,
Per your request, Bohannan Huston, Inc. (BHI) has prepared the following scope and fee for
Traffic Safety and School Zone Study along Neighbors Parkway and the intersections of
Birch St and Neighbors Parkway and Buffalo St and Sable Avenue.
Task 1: Traffic and School Zone Safety Evaluation
BHI will prepare traffic analysis and report for the above project, including:
1. Project Initiation and Data Collection
a. Kick-off meeting
b. Collect Turn Movement Counts (TMC) at the intersections of Birch St and
Neighbors Parkway and Buffalo St and Sable Avenue and Tube Speed and
Counts at two locations along Neighbors Parkway via a sub -consultant.
2. Traffic Analysis
a. Safety Assessment Crash Types and Crash Frequency
b. Speed Assessment — 85"' Percentile Speed, Speed trends
c. Pedestrian Hybrid Beacon Warrants and Analysis for other Pedestrian
Crossing Treatments
d. Sight Distance Concern and Analysis for Blue Grass St and Cul-de-Sac
3. Develop Conceptual Recommendations and Report
a. Develop feasible traffic calming recommendations.
b. Update Signing and Striping in School Zone area to align with MUTCD.
c. Draft and Final Report
d. Engineer's Estimate of Construction Cost for recommendations
4. Meetings and Public Engagement
a. Project progress meetings (2 meetings)
b. Draft Report review meeting (1 meeting)
c. Meeting with HOA, School Board and other stakeholders (2 total)
d. Presentation to Town Board (1 meeting)
Assumptions:
• Existing available LiDARJlmagery, traffic data, and site observations will be the basis of
analysis. Engineering
• City will provide historic crash data for the area.
Spatial Data
Advanced Technologies
Matt Wiederspahn, P.E.
Town of Firestone, Town Engineer
February 21, 2023
Page 2
• City will provide future development planning documents and/or traffic volumes if to be
included in analysis
• Deliverables will be digital files (DOC, DWG, or.PDF).
• Kick-off and review meetings will be held in -person. Progress meetings will be virtual.
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
• Intersection or roadway reconfiguration or redesign
• Drainage Improvements
• ADA ramp improvements
• Traffic Control or Construction Phasing Plans
• Structural Design
• Photometrics or Electrical Engineering
• Public Meetings
• Permitting or associated fees
• Preparation of Final Design or Construction Documents is not included.
• 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 1: Traffic and School Zone Safety Evaluation
Project Initiation and Data Collection $ 4,550.00
Traffic Analysis $ 6,800.00
Develop Recommendations and Report $ 10,435.00
Meetings and Public Engagement $ 9,390.00
Total $ 31,176.00
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
Adji Witjaksono, BHI
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