Agenda Date: 04/01/2025
Subject:
Title
Resolution 19-2025: Approving a second amendment to the Professional Services Agreement between the City of Littleton and Theorem Design Group, Inc. for design services on the Windermere Bridge Replacement Project, City Project No. 22-21
Body
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From: |
James L. Becklenberg, City Manager |
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Prepared by: |
Brent Soderlin, Deputy Director of Public Works & Utilities |
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Brent Thompson, City Engineer Kimberly Dall, Assistant City Engineer |
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Matthew Matuszewski, Capital Improvement Program Manager |
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Presentations: |
N/A |
PURPOSE:
Does city council support approving a second amendment to a Professional Services Agreement with Theorem Design Group, Inc. for design services on the Windermere Bridge Replacement Project, City Project No. 22-21?
LONG-TERM OUTCOME(S) SERVED:
Safe Community; High-Quality Governance
DISCUSSION:
In 2022, after soliciting design proposals, city staff solicited the services of Theorem Design Group, (TDG) for design services for the Windermere Street Bridge Replacement Project. The project and the associated consultant professional services were divided into two phases allowing the preliminary design of the structure and preparation of the structural selection report for CDOT review.
In March of 2023, additional funding was approved in Amendment No. 1 which allowed for the project to head towards final design. The project team encountered additional challenges with CDOT Historic Preservation, Utility conflicts, licensing, and ownership changes within the canal.
With most of the above-mentioned conflicts resolved, and a clear path forward, the second amendment is needed to provide TDG with additional scope, fee, and time to complete the design and associated tasks for the bridge replacement. If council approves this amendment, staff and the TDG team can complete the design process for the bridge replacement, with anticipated completion by the fall of 2025. Construction is anticipated to start in early 2026.
BACKGROUND:
The Windermere Bridge Project will replace the structurally deficient bridge crossing the High Line Canal on Windermere Street. The project was awarded grant funding in 2021; the $1.2M Grant received was federally funded and managed by CDOT, requiring all design and construction to adhere to state and federal funding requirements.
After reviewing several proposals, staff hired the consultant firm Theorem Design Group (TDG) to advance the project design to the FIR (30%) review with CDOT. The structure recommended by the design team at the FIR review in November 2022 was a three-cell box culvert modified to preserve the existing canal shape. The FIR review evaluates environmental impacts, which includes Historic Preservation. The FIR comments received from Historic Preservation highlighted several historic items to be addressed, including the view corridor of the High Line Canal, trees along the canal, and the profile of the Highline Canal Trail as it crosses Windermere Street. A discussion with the CDOT historian at the time indicated that CDOT could support a No Adverse Effect finding should comments be properly addressed and documented in a report. Resolving the comments would impact the structure selection and further design efforts and eventually construction methods. TDG and staff committed to address the comments from Historic Preservation prior to advancing the design to 90%.
Prior to achieving 90% design, several meetings between CDOT, Littleton staff and TDG occurred to resolve all comments from the FIR review and eliminate any “Adverse Effect” with the Historic Preservation Office. Based on the discussions, a complete packet of exhibits and matrix of all Historic Preservation comments was submitted to CDOT in December 2023 for review. Staff, TDG, CDOT, and Historic Preservation met in January 2024, at which time Historic Preservation unexpectedly changed direction and stated they would not support a recommendation of No Adverse Effect for the three-cell box culvert. Their primary justification was that the walls of the culvert cells were a detriment to the visual integrity of the canal, despite the existing bridge having columns in the canal and the opening for the proposed structure being almost identical to the existing bridge opening. Historic Preservation commented that a single span structure or other alternative design would need to be evaluated to progress with the federally funded project. TDG and Littleton staff pointed out that all designs will impact the trees, trail, and view corridor to some extent and the box culvert option was the least impactful to those elements. Historic Preservation stated there was not sufficient information to concur with that assessment, and each alternative, including No-Build, would need to be evaluated. Historic Preservation would decide on the least impactful design once the alternatives have been thoroughly vetted. The impacts of design or construction costs to the project, or timeline requirements for grant funding, are not considered in the Historic Preservation evaluation.
Based on the three options determined by the city, after discussion with CDOT, the most cost and time effective method would be to relinquish grant funding, in an attempt to remove the exhaustive SHPO review process. Retaining grant funding would push design back to 30%, and the city would have to fund analysis of at least 3 different structures, with no guarantee of a “No Adverse Effect Finding”. The three options proposed were: to maintain the funding and explore all structural options, to give back the federal funding but explore state funded option or to maintain the current box culvert design and pursue construction utilizing only local funding.
After evaluating the risk, costs and timeline with city leadership, the city elected to return the grant funding and pursue the box culvert option. A separate council item for consideration will amend the IGA with CDOT to return the grant funding.
Since this decision to relinquish the grant, the city has been able to utilize a smaller box culvert and implement a standard design which is simpler and creates a smaller area of disturbance to the canal, the trees, vegetation and the residents’ properties, reduce several utility conflicts, all while still accomplishing the intent of the project.
Though this project is nearing final design, there are still several tasks which are driving the need for additional funding. Utility coordination has taken more time than anticipated due to licensing with Denver Water and Arapahoe County. Throughout the project, the use and ownership of the canal has transferred from Denver Water to Arapahoe County, but still necessitates license agreements with Denver Water for any utility crossing the canal. Water, electric, gas, and all communications except Lumen have received license agreements and have relocated, Lumen has required more coordination than anticipated, which has consumed more management and utility hours from the design team. The High Line Canal is classified as a Water of the US and requires Army Corps of Engineers Review and Permitting. The environmental subconsultant’s budget has been exhausted from the environmental assessments performed through the Historic Preservation process and additional funds are required to complete the permitting process. Design, permitting and licensing are projected to be complete in the fall of 2025 with construction advertisement anticipated in early 2026.
Prior Actions or Discussions
The Intergovernmental Agreement was executed with CDOT in 2021 by Resolution No. 54-2021, commencing the process for design and replacement of the Windermere Bridge.
FISCAL IMPACTS:
Completion of the conceptual design and structure selection was approved in the original contract with TDG for a fee of $280,835.65 and amended to complete the final design services for an additional fee of $315,649.20. To complete final design, the fee for the second Amendment is $35,977.80. In aggregate, the total contract value will be $632,462.65. This second contract amendment will be funded through the Capital Project Fund. Pursuant to the city’s Procurement Policy, all contracts exceeding $500,000 must be approved by council.
STAFF RECOMMENDATION:
Staff recommends approval of the second amendment to the Professional Services Agreement.
ALTERNATIVES:
If this contract amendment is not approved, final design for the Windermere Street Bridge Replacement Project will not proceed. This bridge is the lowest structurally evaluated bridge within the Littleton Major Structures Category, one of only two access points for the neighborhood and without replacement may require weight limit restrictions or closure.
PROPOSED MOTION:
Proposed Motion
I move to approve Resolution 19-2025 approving a second amendment to the Professional Services Agreement between the City of Littleton and Theorem Design Group, Inc. for design services on the Windermere Bridge Replacement Project, City Project No. 22-21.