RFP - On-Call Traffic Engineer.pdf

REQUEST FOR PROPOSAL

and

CONTRACT DOCUMENTS

FOR

On-Call Traffic Engineering Services S2025-9255

9950 Park Avenue Firestone, Colorado 80504

August 4, 2025

TABLE OF CONTENTS

REQUEST FOR PROPOSAL INVITATION

PROJECT BACKGROUND AND DESCRIPTION:

PROJECT MANAGER INFORMATION:

SUBMITTAL AND EVALUATION CRITERIA

AGREEMENT FOR PROFESSIONAL SERVICES (SAMPLE)

EXHIBIT A SCOPE OF SERVICES

REQUEST FOR PROPOSAL INVITATION

Sealed Proposals be received by the Town of Firestone (the “Town”) at the office of the Town Clerk, 9950 Park Avenue, Firestone, Colorado 80504, until 5:00 p.m., local time, September 9, 2025 for the Traffic Engineering Services (S2025-9255).

Selection and Performance Schedule: The following is the anticipated schedule of events for the RFP process August 12, 2025 Issue Request for Proposal August 26, 2025 5:00pm (mdt) Deadline for submitting questions September 2, 2025 Response to questions posted September 9, 2025 5:00pm (mdt) Proposal submittal deadline/Bid Opening September 23, 2025 Award contract

Physical Submission Proposals To:

Town of Firestone ATTN: Eli Betz 9950 Park Avenue Firestone, CO 80504 No formal bid opening for this project.

All physical proposals must be sealed. All proposals must be labeled with: Traffic Engineering Services (S2025-9255)

Proposals received after the date and time indicated and/or qualifications that are not prepared and filed in accordance with the terms and conditions of the Request for Qualifications will not be considered for evaluation.

A summary of work for which the Proposal is requested consists of:

The Town of Firestone wants to enter into a professional services agreement with a consultant to perform:

• Traffic Engineering Services

See Exhibit A for the complete Scope of Work and associate deliverables.

Questions related to this Proposal should be emailed to Eli Betz, PE at ebetz@firestoneco.gov by 5:00 pm local time, on August 26, 2025. All emailed questions shall use the email subject line “Traffic Engineering Services (S2025-9255)” All answers to questions received will be sent in a formal addendum (if needed), by September 2, 2025.

NOTE: A sample Agreement for Professional Services is attached with additional General Terms and Conditions

The Town of Firestone is an Equal Opportunity Employer.

Dated this August 4, 2025.

TOWN OF FIRESTONE, COLORADO

Project Background And Description:

Scope of Work: The awarded Consultant shall provide applicable services consisting of, but not limited to, the following:

• Traffic Engineering Services

See Exhibit A for the complete Scope of Work and associate deliverables.

Project Manager Information: Any questions concerning this Proposal should be sent via email to should be emailed to Eli Betz, PE at ebetz@firestoneco.gov. All emailed questions shall use the email subject line “Traffic Engineering Services (S2025-9255)” No phone calls will be accepted. Questions must be received NO LATER THAN August 26, 2025. A final addendum, shall be issued, if needed, on September 2, 2025.

Submittal and Evaluation Criteria: An electronic version of the Proposal must be submitted. Emailed proposals will not be accepted. No reimbursement will be made by the Town for any proposal preparation or delivery costs incurred.

In order to simplify the review process and obtain the maximum degree of comparability, the Proposal must follow the outline described below, and at a minimum, contain the required information. Respondents are encouraged to include additional relevant information. Respondents must also include a signature page with company name, address, phone number, contact name, authorized signature and date. Submittals shall be no more than 10 pages in total.

Experience

1. Understanding of the project

2. Ability to perform all aspects of the project

3. Relevant recent experience in comparable projects

4. List of clients (3) for whom similar work has been done. Include contact name and phone number

5. Experience working with similar sized municipalities

Qualifications

1. Key project staff and resumes

2. Ability to meet schedules within budget

3. Company resources

Fees The Proposal shall include a fee proposal with the following information in a separate sealed envelope:

1. All anticipated expense items

2. An hourly rate fee schedule.

Selection Process:

The Town’s selection committee will evaluate all proposals received based on qualifications and approach.

Upon review, the committee will prepare a short-list of companies. Sealed proposals will be evaluated for those short-listed companies and negotiations (if necessary) will begin with the chosen Consultant.

The attached sample Professional Services Agreement will be used by the Town as the contract document for the work. By submitting a Proposal, you accept the terms of this Agreement as stated.

Any deviations from this Agreement must be requested in your submitted Proposal.

AGREEMENT FOR PROFESSIONAL SERVICES

(SAMPLE)

THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this _____ day of ____________, 2025 (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 ___________________, an independent Consultant with a principal place of business at ____________________________, Colorado _____ ("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 On-Call Traffic Engineering Services (S2025-9255)

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.

II. TERM AND TERMINATION

A. This Agreement shall commence on the Effective Date and shall have an initial term of two years from the effective date. Upon expiration of the initial term, this agreement shall automatically renew for a period of two years.

B. Either Party may serve the other with notice of a desire to amend, supplement or renegotiate specific section(s) of this agreement, in whole or in part. Such notice shall be provided in writing by either Party to the other not more than one hundred and twenty (120) calendar days prior to the anniversary date of this Agreement.

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 $10,000.00.

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.

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-Consultants 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.

C. 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

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, 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 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. 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 subconsultant that fails to certify to Consultant that the subconsultant 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 subconsultant 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 subconsultant and the Town within 3 days that Consultant has actual knowledge that the subconsultant 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 subconsultant if within 3 days of receiving the notice required pursuant to subsection 3 hereof, the subconsultant 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 subconsultant provides information to establish that the subconsultant 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.

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 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.

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.

TOWN OF FIRESTONE, COLORADO

Nate Haasis, PE, Town Engineer

ATTEST:

Miriam Granados Luna, CMC, Town Clerk

APPROVED AS TO FORM:

Marshall Keith Martin, Town Attorney

CONSULTANT

By: ________________________________

EXHIBIT A

SCOPE OF SERVICES

The purpose of this scope of services is to outline the responsibilities and expectations for an On-Call Traffic Engineer to provide on-call traffic engineering services on an On-Call basis to support the Town in the planning, review, analysis, and implementation of traffic-related projects and development referrals. Services may include, but are not limited to, the following.

A. Specific Services

i. Development Review

1. Review traffic impact studies (TIS), traffic memos, and access studies submitted by developers.

2. Assess site access, circulation, driveway spacing, and internal traffic operations.

3. Evaluate compliance with Town standards and specifications.

4. Provide written comments, redlines, and recommendations for development applications.

5. Attend meetings with developers, Town staff, and other stakeholders as needed.

ii. Traffic Engineering Analysis

1. Conduct capacity and level-of-service (LOS) analyses using industry-standard software (e.g., Synchro, HCS).

2. Analyze crash data and provide safety recommendations.

3. Evaluate signal warrants, all-way stop warrants, and speed studies.

4. Assess impacts of traffic control changes, new developments, or roadway modifications.

iii. Traffic Operations and Signal Support

1. Review or design signal timing plans.

2. Assist in evaluating signal coordination and corridor performance.

3. Provide support for signal warrant studies and intersection control changes.

4. Evaluate or recommend signing, striping, and traffic control devices.

iv. Planning and Policy Support

1. Assist in updates to transportation or mobility elements of comprehensive plans.

2. Contribute to transportation master plans, bike/ped plans, and access management policies.

3. Provide peer review or technical input on long-range planning studies.

v. Public and Stakeholder Engagement

1. Attend public meetings, workshops, or hearings to present findings or recommendations.

2. Support staff with visual aids, exhibits, and responses to public comments.

vi. Additional Services

1. Provide technical advice on an as-needed basis via phone, email, or meetings.

2. Assist with the preparation of grant applications and funding justifications.

3. Support staff in preparing staff reports, memos, or presentation materials.

4. Additional traffic/transportation related engineering services, as requested by the Town.

vii. Deliverables

1. Written reports, technical memoranda, redlines, cost estimates and construction documents.

2. Meeting minutes and correspondence summaries.

3. GIS-based maps, exhibits, and figures as applicable.

4. Recommendations and documentation consistent with MUTCD, AASHTO, and local guidelines.