Loading...
HomeMy WebLinkAbout1994 Ordinance No. 041ORDINANCE NO . dl. SERJES OF 1994 ' BY AUTHORITY COUNCIL BILL NO . 45 INTRODUCED BY COUNCIL MEMBER HATHAWAY .'\N ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMF.NT i!ETIVEEN THE SOUTH SUBURBAN PARKS A.11/D RECREATION DISTRICT; T' E CITY OF ENGLEWOOD, COLORADO; AND THE CITY OF LITTLETON REGARDING FU N DING OF A PEDESTRIAN/BIKE TRAIL ALONG BIG DRY CREEK WHEREAS, the City of Littleton applied for federal porticipotine fund• under the ln termodal Surface Transportation Efficiency Act (!STEA) for fundine in order to develcp a commuter bicycle/pedestrian trail system along the Big Dry Creek channel in Littleton', Progress Park and connecting the South Platte River Trail with South Suburban'• Regional Park and En gle wood 's Belleview Park ; and WHEREAS, the project was approv•d by the Denver Regional Council of Gove rnment s (DRC()G) and incorporated into the Statewide Transportation Improvement Program; n.nd WHEREAS, the City of Littleton , the City of Englewood and South Suburban Parks and Recreation District participated in a pl an nin g study prepared by Urban Edges , Inc . in L'rder to develop a continuous pedestrian/bi~c: i.oai ] system along Big Dry Creek channel ; an d WHEREAS , the ISTEA program provides on opportunity for the City of Englewood to receive federal participation in a trail system linking the Platte River to the Highline Canal; and WHEREAS, the total estimated cost for this project is $757,000 with Englewood's share estimated at $40 ,000; however, it is anticipated that South Suburban will be able to offset a p ortion of ,he City of Englewood 's portion; and WHE REAS, funds frr this project have not been budgeted in the City of Englewood's 19 94 Budget; however, adequc;•e funds are available within the Publi c Improvement Fund ba lance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF E NGLEWOOD, COLORADO, AS FOLLOWS : £w.iJuL1. The intergovernmental agreement regarding Funding For Development Of The Big Dry Creek Pedestrian/Bicycle Trail Proj ect From The South Platte River Trail To Progress Park In Littleton attached hereto as "Exhibit l " is hereby accepted and approved by the Engl ewood City Council . The Mayor is authorized to execute and the City Clerk to at~·,. and se al the Agreement for and on behalf of the City of Engl ev ,o~, Colorado. In trod uc ed, r ead in full , and passed on fi r st r eadi ng o·.· th e •.Blh day of July , 1994 . ·l · 1994 . Published u a Bill for an Ordinance on the 2lat day of July, 1994. Read by title and pasaed on final reading on the 1st day of August, 1994. Publi shed by title as Ordinance No . ':/L., Series of 1994, on the 4th day of August, A~~,~ i.outrishiaAElli s , City Clerk I, Lou crishia A Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above a nd foregoing is a true cop>,,of the Ordinance passed on final reading and published by t itle as Ordinance No . 'tL, Series of 1994 . ,~~d~- "' Loucrishia A Ellis -2 - EXHIBIT l IN'rt.R GOVERNMENI'AL AGREEMENT FOR DEVELOPMENT OF nm BIG DRY CREEK PEDESTRIAN/BICYCLE TRAIL PROJECT FROM nm sourn PIATI'E RIVER 1RAIL TO PROGRESS PARK IN LITllEJ'ON Colorado Dept. of Transportation Project No. ___ _ THIS AGREEMENT, is made this __ day of ____ _, 1994, by and between the CITY OF LITTLETON (Llttlcton), the CITY OF ENGLEWOOD (Englewood), and the SOUTH SUBURBAN PARKS AND RECREATION DISTRICT (District), hereinafter collectively referred to as the "Parties ". WHEREAS, the Panics desire to jointly develop an d fund a commut er bi cycle/pedestrian trail system with amenities (hereinafter at times co llec tively referred to as "the Trail") along the Big Dry Creek channel in Progress Pa rk in Littleton (Segment !), and connecting the South Platte R iver Trail with the South Suburban Regional and Bellevi ew Parks in Englewood (Se gment 2). WHEREAS, the Tra il h~s been inc lud ed in the Denve r Re gio nal Counci l of Government's Transportation Improvement Program for FY!994 and FY !996; WHEREAS, Littleto n, a cting ~' ·:.a lea d agency for the Parrie s, has been authorized Federal funding of up to S75 7,000 for ,'it design, land acquisit ion, and r.onstruction of the 'frail for FY!994 and FY 1996, thro ugh the Colorad o Departme nt of Transportation (CI,JT); -1- WHEREAS, the Panics delire to establish a local match fund, to be created and managed by Littleton, to provide the required local funds to obtain "matchin( federal funding through CDOT for the Trail; WHEREAS, the local march is twenty percent (20%) and the Federal match is eighty percent (80 % ), which local match shall be invoiced by CDOT to Littleton when payments for the Trail are required ; WHEREAS, the D istrict has COtilpletcd the design , has authorized spending on that section of the Trail loca ted within Progress Park (Segment 1), and desires to leverage its funds to take advan tage of th e matching federal funding ; WHEREAS, in accorda nce with Sec tion 29-1-203, C.R.S ., each of the Parties arc authorized - to enter into this Agreement; and WHEREAS, the development of the Trail is in the public int erest of the Parties ; NOW, THEREFORE, in ca nsidera ti on of the mutu al promis es contained here in, the Parties hereby agree as follows: A SCOPE OF AGREEMENT A \'D GENERAL PROV!SIO NS 1. This Agreement defines the responslbilltie and tlnandaJ commltmenu or the Paniea ,.;th respect to the design, land acquisition, and construction of Segments 1 and 2 of the Trail. 2. The Parties agree thet Littleton shall serve as the Project Manager and contracting age::icy with COOT, which is the State of Colorado agency through which Federal funding fo r the Trail is available. As the contracting agency, Littleton stiaU ass1Jme responsibility for caking necessary '1ocal match" payments to CDOT, and for such shall create a local ms:ch proj ect account or local ma tch fund into which all Parties agree to deposit m-:.,ney, in accordance with the provisions of this Agreement. Toe Party's local match shall cumulatively pay twe nty percent (20%) of any disbursement made by COOT related to the Trail, except as otherwise provided herein, and the federal government's ''match", through CDOT, shall pay eighty percent (80 %) of such disbursement. 3. U pon determination of the amounts necessary to satisfy the local matching fund re qui rements for each Party for any particular cons truction activity, each Party shall forward t.';e ir appropriate share to Littlet~n as specified in herein below. Littleton shall deposit these fun ds in the "lo ca l match" a cc ount and will make such disbursements as may be rr,Iuired upon re ceipt of invoices from CDOT to fulfill the 102 1 m atch require ment. ~-U p on comp leti on of the con struction phase of the Trail projec t, including parking facili tie j , and amenities, and in the event the re arc any monies , which monies have not been collllll,itted, oblipted, or disbuncd, the Panies agree that Littleton will maintain the funds, in an interest bearing account, if appropriate, for use in conjunction with CDClr funding for the Big Dry Creek Trail: Phase Il, from Progress :>ark cast to the Highlinc Canal Trail. In the event COOT chooses not to fund Phase Il by FY1998, each party shall be relieved from this condition of this Agreement, and proponionate refunds shall be made. 5. The Panics agree that no work shall commence on the Trail or the parking lot improvements on either Segment prior to authorization to proceed by COOT. 6. Littleton, in consultation with the Panics, shall select a Consultant, with the approval of COOT, to prepare all necessary plans and manage construction of the Trail in accordance with FHW A and COOT requirements . COOT shall be responsible for selecting firm(s) to construct .I!!! CDOT approved Trail facilities. The selected design Consultant shall provide services per the Scope of Services, as defined by the agreement between Consultant and Littleton and wruch, upon execution, will be attached hereto as Exhibit "B" and by this reference shall be made a pan hereof. 7. Little to n, through its Department of Pu b[ :;crvices, shall be responsible for coord ination with COOT and for the contract administration of all construction phase contracts. 8. Littleton shall review, approve, ar d proces s all iocal match payment requests froe1 -4- COOT. Copies of said requests and payments shall be on Ille and nalJable for Inspection during regular working houn at the Uttleton City Center. 9. In the event that it becomes necessary and advisable to adjust any contract sums, a supplemental agreement, addendum or change order lll.!ill be processed. All supplemental agreements , addenda or change orders shall be forwarded to all Parties for review and writter, approval prior to approval and issuance by Littleton . In the event of an emergency situation, every effort to poll the Parties will be made to receive input to develop a course of act ion . In the event that this prior contact is not possible, Littleton will be charged with the respons ibility for making the decis ion and that decision shall be final and binding upon a\! Parties . JO . Subject to the limitations of the Colorado Governmental Immunity Act and without intending to waive the limitations on damages and any defenses provided therein or otherwise prO\i ded by Jaw, including the Constitution of the State of Colorado, each Party sh all be respon sibl e for any sui ts, demands, costs , or actions resulting from its own acts or om iss ions and may ins ure against such possibilitie s as it deems appropriate. I I. Contracting O fficers -1 Notices a . The contracting office r for Littleton shall be th e City Manager, 2255 W. Berry Avenue , Littleton, Colorado 80165 . . 5. b. The contractins ollicor for the District shall be the District Executive Di?ectOI', South Suburban Parks and Reaeation District, 6631 S. Univenity Bmi., Littleton, Colorado 80121. c. The contracting officer for Englewood shall be the City Manager, 3400 S. Elati Street, Englewood, Colorado 80110. d. Any notices, demands or other communications required or permitted to be given by any provisions of this Agreement shall be given in writing, delivered personally or sent by registered mail, postage prepaid and return receipt requested, addressed to the Parties at the addresses set forth above or at such other address as the Parties may hereafter or froffi time to time designate by written notice to the others given when personally delivered or mailed, and shall be considered received on the day on which such notice is actually received by the Party to who it is addressed, or on the third day after such notice is mailed . 12. This Agreement contains all of the terms agreed upon by the Parties. Any amendments or mod ifications to this Agreement shall be reduced to writing and executed by the Panics hereto to be valid and binding . B. SEGMENT I : PROGRESS PARK 1. Segment 1 includes the construction of the Trail, including parking lots, bridgea, and trail connections within the boundaries of Progress Park in Uttleton. The scope of Tr&ll improvements for Segment 1 shall be limited to project management support, financial commitment, and the construction of a 10' wide concrete path, supporting bridges, path connections and trail head parking Jots. 2. The Parties agree that the design ~pecification, for const1ucting Segment 1 Trail improvements shall be the final design plans, bid documents P.n j_ sr ~cifications produced by EDA W, Inc. for the District , approved by the District, the Federal Highway Administration (FHW A), and CDOT. Said documents , when completed, shall collectively be marked as Exhibit "A" and will be attached hereto and incorpo rated herein by this reference. The costs incurred by the District associated to the preliminary design plans for the Trail and parking Joi improvements shall not be subject to reimbursement from any other Party, the local match fund , nor from or through -:DOT. 3. The District shall oversee and agrees to pay, without any right to reimbursement from the other Parties , CDOT, o· the local match fund, for any plan modificati ns necessary to meet the final design standards established or required by FHW A and CDOT. Upon co mp let io n and approva l of the final design documents, CDOT shall advertise the Segment I projec t for bid in accord ance with its current regulations , and contract with the succes sful bidd er . -7- 4. Construction costs usociated with Segment 1 are estimated at S150,000.00 based on the final design plans which shRII be marked as Exhibit A. All construction local match costs shall be paid by the District. 5. Prior to commencing with construction, and within 30 days of approval of this Agreement, the District ~hall deposit with Littleton the amount of $70,000.00, which Littleton shall deposit into the project's local match fund . No other Party shall be required to deposit money with Littleton for th e local match fund for any design or construction work: required for Segment I of this pro iect. C. fil;:QMfili""': 2: FROM SOUTH PLA TIE RIVER TRAIL TO PROGRESS PARK !. Segm ent 2 shall consist of tJ-.c remainder of the Trail project from the South Platte River Trail through the South Suburban Regi onal and Belleview P:Jiks to Progress Park . The scope of work on Segm ent 2 shall include financial commitment, project management suppon, design, land acquisition parcel identification , enviro11u1ent al researchfmspection, permitting coordinati::m , construction, and other necessary activities as called for in Littleton's contract with the project's Consultant, which, when executed, will be attached hereto as Exhib it ""B", an d incorporated herein by this reference . 2. Costs for Se gm ent 2 of the trail shall be based on final pla ns prepared by the Con1ult ant in accordance v.it r the concept established in Big Dry Creek Non-Mot orized -8- Thwponarion and 0-way Plan, muted u Exhibit "C" and attached hereto and incorporated !:::.~in by this reference. 3. For all costs associated with Segment 2, all Parties agree to share equally, that being one-third (1/3) each, in providing required local match funding . The district shall not be gi\'Cn any credit for those funds remaining from the leveraging of its $70,000.00 payment, in Segment 1, as referenced in Section B of 1;':is Agreement. The financial contnbution of each jurisdiction shall not exceed $40,000 .00 per jurisdiction. D. VALUE OF N-KIND SERVICES , I.Al [D DEDICATIONS AND THIRD PARTY COl\TRIBUTIONS 1. The value of in-kind services and land dedication(s ) approved by COOT shall be applied towards the rwenty percent (20%) local match requirement. 2. Monetary contnbuti ons from third parties including , but no t limited to the Urban Drainage and Flood Control District or other n;m-profit grou ps, shall be used to reduce the rer.i ai ning balance of local matching fund s required to be provi ded by the Part ies. E . AME :-I ITIES 1. All pan ics agree that improvements related to "amenities' ;,s defined in the Big Dry .9. Ouk_ Non-Motoriz«I Thmsponation ond GrttnWay Plan, dated March 199-4 (Exhibit "C"), shall be unden P.lc en only upon completion of the trail Itself, including the parlr:ing lot, and other integral components of the Trail construction, or as mitigating measures as required by reviewing agencies . Any remaining authorized federal or local funds, or third party gifts, shall be used in conjunction with such amenities . All Panics agree to use excess funds in a manner that leverages other funding and volunteer sources, if available. Amenities remaining to be completed upon depletion of available funding shall be subject to alternative funding, supplemental agreements between the Panics or deletion from the plan. F. SEVERABILITY lf any clause or pro,~sio n herein contained herein shall be adjudged to be invalid or unenforceable by a coun of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provis io ns shall not affect the validity of this Agreement as a whole and all other clauses or provisions sh all be given full force and effect. G. APPLICABLE LAWS This Agreement shall be governed by and construed in accordance with the laws of the State of Col orado. H. ASSIGN ABILITY -10- No Party to this Agreement shall assign or transfer any of Its rights or obligations hereunder without the prior written consent of the nonassigning Parties to this AgreemenL I. BINDING EFFECT The Parties hereto agree and acknowledge ,bat this Agreement may be enforced in law or in equity, by decree of specific performance or damages, or such other legal or equitable relief as may be available subject to the provisions of thr statutes of the State of Colorado. J. TERMINATIO N OF AGREEMENT Except as provided by Section (K) her,:of, :his Agreement may be terminated only by mutual consent of the Parties, but only if there are no contingent, outstanding contracts. All costs associated with the cancellation of the contingent contracts shall be shared equally between the Parties . K. RE\"EWAL OF AGREEMENT In accordance with Article X, Section 20 of the Col orado Cons ti tution , the Parties agree that any provisions of this· Agreement, to the extent that the y may be deeme d a multi-year financial obligation, shall expire on De cemb er 31st of ea ch year but automatically be renewed effecti ve January 1st of ea ch year unless any Party gives 30 days cancellation to the -1 1- others prior to December 31st of the year preceding t!:~ year in which cancellation is soughL -1 2- WHEREFORE, the Partie:i hereto have cauicd this illstrument to be executed by properly authorized signatories as of the date and year fint above written. CITY OF LITILETON (SEAL) By: President Littleton City Council ATTEST. Date: ________ _ APPROVED AS TO FORM: Li n leton City Anorncy -13- H'll CITY OF ENGLEWOOD By: Mayor Englewood City Council A1TEST: APPROVED AS TO FOR.'vf : Englewood City Attorney SOUTI-1 SUBURBAN METRO IOUTAN PARKS AND RECREATION DISTRICT e (SEAL) ATTEST : APPROVED AS TO FO!l.'.1: Attorney for the District REV 6n/9 • ,c barry\bigdry.iga By: Chau District Board Date: ________ _ -15- I This Agreement is made as of _____________ -• 19 __ ., by and between """""'" ________ , a (" lient') and EDAW, Inc., a Californi a corporation. Th e Owner (if not the Clie nt) of the Project and Project propeny is : Name: Add re s_s_: ____________________________ _ Name of Cont.act Person : _______________________ _ As prrv ide d in this Agreement , EDAW will provide professional planning and design services for the fol!owi ng proje.:: (th e 'Proje ct"): lo cate d at --------~· in the City of __________ , in the County ~ .~~~~-------- Section 1. Scope of Services (a) EDAW will prov id e the "Basic Services " described in attached~-·, r.e Basic Services will be provid ed in ------,--,-phases ('Phases") as identified in ~-Each Pha se shall be approved and accep~d by Cl ient , in writing , upon completion d su ch Ph ase(s). In ad dition, if authorized by Client , EDA W will provide the • Add ithnal Services• des cribe d in attached ~-The Bas ic Services and the Additional Se n ,, :s authorized by Cli ent sh all be paid for by Client as provid ed below . (b) Cenain of the Basi c Services and Additional Services may be performed by consult.ants to - EDA W, :,ut EDA W will remain responsib le for the full performance of such services . Section 2. Fees for Sen-ices (a ) ED A W's fe es for Basi c Servi ces for each Phase described in~ shali be as set fonh in anached ~-EDA W's fee s for Additio nal Serv ic es 0 hall be billed on an hourly basis at ED A \V's curr ent standard races . ED A W's curr•~t hourly rale schedu!c '· alt.ached hereto as ~-EDA W's hourly rate schedule i. ,djusted on _______ _ and ________ of ea ch year . (b) Fees and expenses of co nsult.ants to EDA W for services included within Basic Services or, wh ere appro ved by Clie nt , Additional Services shall be paid by Clien1 in the amount invoiced 10 EDAW plus ~n percent (10 %) for handli ng and ind irect costs . (c) Fees fo r an y work requir ed on an c ,c'1ime basis , su ch as suffing to meet unan ti cipated expedite d scheduling , wil l be in vo iced a; 1.5 time s the normal billing race . (d) Th e fees provide d fo r in th is Se,t ion 2 are bas ed upo n the assumption that Basi c Service s will be co nclu ded, w itho u1 Project de lay s, on or befo re ------~-• 19 __ . If, fo r an y re ason oth er th an the dire cl fa ull of EDA W, ser vice s to be perform ed hereunder are deiJyed or sus pend ed fo r more than sixty (60) days or su ch serv ices a'" not compl e~d on or befo re · , 19 __ . EDAW 's fees sh all be increa se d based upon ag ree ment 10 be nego1iated betwe en EDA \V and Client . CORP\l.'P :STA NDARD !:E RV ICES AGR EEME NT Re vised 1/9:! • (e) "Reimb•mable I:.-:pensu• shall in<:lude ICIUal expenditures made by EDAW in die inlerest of the Project and will be billed II the aCIUal cost 10 EDA W plua ten percent (10") for handlin& and indirect costs . Reimbursable Expense.•, shall include, without limitation, costs of items such as the followin&: (i) Copying of draw in1s, spec ifi cations , reports , co st estimates and other documents prepared in coMection with the services of EDA W under this A1reement . (ii ) Duplic ate mylars and other pho101raphic product.s. (ii i) Render ings and moc :ls prepared by vendors . (iv ) Spec ial models, perspectives or other pror:,otional =terials approved in advance by Cl ie nt. (··1 Messenger service, special mailin&, long distance telephone calls, telex and telecopy ch arge s. (vi) Fees and expenses of special consu lu.,ts. (vii) Cos1 of commer cial carr ier, publi c transportation , lodging , car rental , subsisten ce and out -of-pocket expenses . Private automob ile travel will be provided at 28 cents per mile. (viii) Cost of computer time (CAD!:' and othe r data processing). (ix) Any tax and or fee s imposed by any taxing authority based upon 1ross revenues or sales sh all be reimbursable in addition to the fee stated in th is contract. Section 3. Payment Terms (a) An initial payment of S-----~--sh all be made upon ex ecution of this Agree ment. which amount will be cred ited to the outstand in g balances on the final invoice (s) ;ubm ine d 10 Cli ent . (b ) Invoi ces ar e subm ined by EDAW each four weeks (n ot necessar.ily fal ling on the first or last day of the month). Client shall notify EDAW, in writ ing, of any and all objections , if any, 10 an in\'oice with in ten (10) days of the date of invoi ce. Otherwise , the invoi ce shall be de emed prope r an d acceptable by the Client. Amounts indicated on invoices are due and pay able imme diatel y upon receipt . Client 's account will be considered delinquent if EDA\I , In c. does not re cei ve fu ll payment within thirty (30) days after the invoice date. (c) A serv ice char ge will be applied at the rau · of l .S percent pe r month (or the maximum rate allow able by law) to delinquent accounts . Payment thereafter will be applied first to accrued interest and then to th e prin ci pal unpaid by th e Cli ent . Clie ,ll shall pay all costs and expenses. inclu ding with out limitatio n, reas onali le att orne ys' fees and ex pe nses incurred by ED A W in connecti on with the colle ction of de11 nque nt ac co unts of Cl ie nt. (d) If a de li nquency by Clien t occurs , ED AW , In c. may choo se to suspend work. If su ch a dec ision 10 su spend work is made , EDA W, Inc . will notify Cli ent in wri ti ng . E0AW may choose to reco mm ence work once a delinque ncy is compl e1tly cured and any and all CORP\\1' STASDARO SERVICES AGREEMENT Rcv iu:d t/9: attendant collection cosu , fees , increases In cosu or fees, or ocher lfflOllnU required 10 be paid by Client under this aareement are made In full . lf a delinquencv by Client occurs and EDA W, Inc . chooses not to suspend worlc, no waiver or estoppel sh:. I be implied or in ferr ed. Cli ent a&rees and u1derstailds that ifEDAW, Inc . decides 10 so suspend its work, ED A W shall not be li able for any cosu or d ■maaes , including but not limited to delay and conseq uenti al damages, to the Owner, Client, or any other third party, that may arise from or be related to such a work suspension . Client 11rees to hold EDAW, Inc . harmless from and co mpletely indemnify EDAW from and agairut any and all damages , costs, IIIOmey's fees, and /or other expens~s which EDAW , Inc. may Incur u a result of any claim by any person or en ti ty ar ising out of such a suspension of work . {e) If an y litigation, arbitration, or other legal action arising out of this contract ensues , the pre va iling party shall be entitled to, without lim itat ion, reasonable attorney's fees, expenses , expert fe es , and costs . (I) Wh en non -standard billing is requested , time sr •·~ by office administrative persoMel In pre paration is a cost to the pro:ect and charged i.. technical labor . Section 4. Cl ient 's Responsil!;lities Client agrees to prov ide full , reliable information regarding iu requ irements for the Project and , at its expe nse , shall furnish the information , surveys and reporu, if any, li sted on attached ~-In add ition , Client agree s to provide, at its expense and in a timely manner, the coope rati on of its pers oMel and su ch add itional information with respect to the Project u may be requ ired fro m tim e to time, to be pro vid ed by Client for the performance of EDA W's work . Client shall desig nate a Project Representative authorized to act on behalf of Client with respect to this Agree ment and agrees to render any decis ions promptl y to avoid unreasonable delay to the Pro;ect and the per formance of F.DAW 's work . Section S. Term ination Th is Agreeme nt may be terminated by either Cli ent or EDAW by gi ving wrinen notice II least th irty (30) days pr ior 10 th e da1e of termination . In the event of such te rmination , Client shall pay EDA W fo r services an d Reim bur sabl e Expenses per forn1 ed or in curred pr io r to th e term ination date plu s all costs an d expe ns es directly anributahle 10 such termination for which EDAW is not oth erw ise co mpe nsa 1cd. Section 6. Access to the Site; Photographs ED A\\' and EDA W's employees and consul tants ,hall have acce ss to the Proj ect site at ;ul reas on1b le time s an d sh all be permitted to photograph the Proje ct during co nstructi on ar,d upon comple ti on for i1 s rec ords and fururc use . Sec ti on 7. Use of Documents Plllls . dr:iwings and ~pecifica1ions or other wr itings or doc um ents prep ar ed or pro vided by EDA \\' here unde r are prepared fo r th is Proje ct only , but may be use d ')y EDAW for purpo se s of illustrJ1 ing th e scope and nlrur e of projec t involve ment. EDA W shall prov ide Cl ie nt with a CORP"'P STA~DARD SERVI CES AGR EE MENT Revi sed t/91 reproducible ICI of drawinp and specifications for ils recordl. They shall not be used by Cllen! for otl-,er projects or extensions ID the Project without lhe wrlaen qreemem of EDAW. Client furlher agrees to hold EDA W harmless from and indemnify EDA W from and l&alnst any Md all damages, losses, anomey's fees, costs, and/or expenses which EDAW may incur u a result of a claim by any party or entity , arising out of an unauthorized use of said plans, drawings, specifications, and /or documents. Section 8. Limitation of Liability Client agrees that EDA W · s liability for negligence to Client shall be limited to the amount paid by Client hereunder for EDAW 's fees for Basic Services and Additional Services . Sectioli 9. Indemnification Client agrees to hold EDAW harmless from and compleicly indemnify EDAW from and against any and all dam ages, attorney ·s fees , losses , costs, and expenses which EDAW, Inc. may incur as a result of a claim or claims against it, if any, by the Owner , Lender or any other third party , arising out of any wrong doin g. negligence , and /or breach of contract by Client , alleged or Jtherwise, that is related. in any manner whatsoever, to the Project. or Client 's invo lvement with the Projrct or Proje ct property . Section 10. Construction Means and Methods It is expressl y und erstood and agreed that EDAW shall not have control of and shall in no event be responsible for constru ction means, methods, techniques , sequences or procedu ,es, or for safety precautions in conne ction with the Project or for the acts or omissions of any contractor, subcontractor or other pers ons performing work for the Project and Client shall indemnify EDA W and hold EDA W harmless from and against any and ail claims , demands , losses, costs, liabilities and dam ages in cluding, with ou t limitation, reasonable attorneys ' fees and expenses , incurred by EDAW and aris in g out of or related to any of the aforesaid . Section I I. Construction-Phase Services II is underst ood and agreed that the design process cannot be completed until the Project which is the subj ec t of this Agre ement is actuall y constructed. II is funher under stood and agreed that, if constru cti on-phas e servi ces ar e provided for under this Agreement, such services are essential to the com plet ion of the pro fe ssicn al services for which EOA W is being retained . Client acknow ledges th at the prenilrJre termination of EDAW "s services prior to substantial completion of the Projec t will ,sign ifi cant ly increase th e risk of loss resulting , among other causes, from misi nt erpr etatio n of the in tent of the de sign , unauthorized modifications . and failure to detect errors or om is sio ns in the plans and spe cifications before they become costly mistakes built into the Project. Ther efore. Client agrees that , if the services to be provided by EDAW under this Agreement do not incl ud e con struct ion-phase services , or, if this Agreement is terminated prior to sub stan tial completion of the Project , or if EDAW should be otherwise precluded by Client from providing co nstruction-ph ase services provided for in this Agreement , Client will indemnify EDAW an d hold EDAW harmle ss from and against any and all claims , demand s, losses, costs , CORP WP STA~DARD SERVICES AGR EEM EK T Re vi sed 1192 liabilities and dama1es, includin&, without limitallon, reasonable aaomey1' fee1 and expenses and exceptina only those claims, demands, lo1ses, costs, liablllties and damaaes arlsina out of the sole ne&lig~nce of EDAW . Section 12. Miscellaneous (a) Client and EDA W each bind itself and its successors and assigns to this Agreement. Neither Client no r EDAW shall assign or uansfer its interest in this Agreement without the written consent of the other . (b) This Agreement represents the entire Agreement between Client and EDAW . This Agreement may be amended onl y by a writing si&ned by both Client and EDA W . (c) This Agreement shall be 1ovemed by the laws of the State of (d) Any individual who signs this Agreement on behalf of Client or [DAW, Inc ., represents . promises, and guarantees, that he or she is fully authorized to execute this Agreement on behal of his , or he r employer or compan y. EDAW , In c., a California corporatio n By Its Client : --------------Address: ____________ _ By Its CORP WP :STA1'DARD SERVICES AGREEMEN"1· Rc ,i sod 1/9::? SCHEDULE I EDA W's Basic Services Phase I. Phase 2. ~: Phase 3. fbm: PhlSe 4 . Phase: Phase 5. Phag: - CO R.P\\"'P STA.°'OARD SERV IC ES AGRE.EME!',,'T Rcv i1c.d 1/9~ SCHEDULE% Additional Services CORPWP·STA."-DARD SERVICES AGi<.EE.ME!'t"'T Rcvi .ed 1192 SCHEDULE3 Percent of fhill l2lal...Ew ~ Phase I % $ ------- Phase % $ --- Phase 3 % $ --- Phase 4 % $ --- -Phase 5 % $ --- Total $ --- COPP\1,-P STANDARD SER VIC~ AGREEMENT Rir•itcd 1/92 Iime Charges Principals Senior Associates Associates SCHEDULE4 EDA W's Standard Hourly Rate Schedule SCHEDULE OF FEES for Professional Services Hourly Rate Range Professional, Adm inistrative & Word Processing Staff $100 .00 $75 .00 $50 .00 $40 .00 $175.00 $125.00 $91.00 $75.00 EDA W's hou rly rate sche dule is subject to adjusonent in January and July of each year . Reimburs able Expenses Consultants : Travel: Computer : Tax es : Cost plus 10 % . Pr ivate vehicles @ S0.29 per mileage subject to periodic increases as regulated by the I.R.S . Co mmercial travel and related expense at cost plus 10%. Computer Aided Design/Drafting @ S10 .00 per hou r . Mic rocompute rs used f," CAD/D will be billed @ SI0.00 per hour based on acrual application. Any taX and /or fees imposed by a taxing author ity based upon gross revenues or sales shall be reimbursable in addition to the fee stated in this con tra ct. Other project expen ses: Cost plus 10 %. Such as : Pr inti ng, graphics, photography and reproduction , ren'ial or purchas e of spe ci al equ ipment and ma .erial s, long distance telephone, tele,, fax, spe cia l sh ippin g or deliv ery . models and rend eri ngs , lodging and subsistence . CORP\\'P:ST AN OARD SER VICES AGREEMENT Rc vi tcd 1/92 INVOICING AND PAYMENT POLICIES I. In contracting with EDA W, Inc . for professional services, client warrants that funds are available to compensate EDAW for the total amount of services and expenses contracted , and that these fands are neither encumbered nor contingent upon subsequent granting of approvals, penmts or financial commitments by lending inst itutions or other third parties . 2. Invoices are submitted by EDAW each four weeks (not necessarily falling on the first or last day of the month). Client shall notify EDAW, in writing, of any and all objections, if any , to an invoice within ten (10) days of the date of invoice. Otherwise, the invoice shall be deemed proper and acceptable by the Client . Amounts indicated on invoices are due and payable immediately upon receipt. Client 's account will be considered delinquent if EDA W, Inc . does not receive full payment within thirty (30) days after the invoke date . 3. A ser vice charge will be applied at the rate of 1.5 percent per month (or the maximum rate allowable by law) to delinquent accounts . Payment thereafter will be applied first to accru ed interest and Lien to the principal unpaid by the Client. Client shal l pay all costs and expenses , including without limitation, reasonab le anorneys ' fees and expenses incurred by EDA W in connection with the collection of delinquent accounts of Client. 4. If a delinquency by Client occurs, EDAW , Inc. may choose to suspend work. If su ch a de cisi on to suspend work is made, EDAW , Inc. will notify Client in writin&, EDA W may ch oose to recommence work once a delinquency is completely cured and any and all anendant collection costs , fees , increa1es in costs or fees, or other amounts required tr be paid by Client under this agreement are made in full . If a delinquency by Client occurs and EDA W, In c. chooses not to suspend work, no waiver or estoppel shall be implied or inferred . Cl ient agrees and understands that ifEDAW, Inc . decides to so suspend its work , EDAW shall not be liable for any costs or damages, includ in g but not limited to delay and conse quential damages , to the Owner, Client or any third party, that may arise fr om or be related to such a work suspension. Client agrees to hold EDAW, Inc . harm less from and complete ly indemnify EDAW from and against any and all damages , costs, attorneys' fees, and /or other expenses whi ch EDAW, Inc . may incur as a result of an y claim by any person or entity arising out of such a suspension of work. 5. If an y liti gat io n. arb itration. or other leg al action ar ising out of this contract ensues, the pre"aili ng party shall be entitled to , without limitatio n, reasonable attorneys' fees, expenses , expcn fees, an d costs. 6. Wh en non -standard billing is reque sted, time spent by office administrative personnel in preparation is a cost to t~e project and charged as techn ical labor . CORPWF' STN;OAAO SER VICES AGREE.\1E~'T Rc:vi,cd l f9 l SCHEl>ULE5 Additional Items to be Provided by Client COR PV.'P STASOARD SER VICES AGREO.i'EJ<.7 Reviaed 1192 DATE July 18, 1994 INITIATED BY STAFF SOURCE COUNCII. GOAL COUNCIL COMMtlNICATIQN AGENDA ITEM S'OBJECT Intergovernmental Agreement for Pedestrian/Bike Trail Along Big Dry Creek Departme nt of Public Works Charles Esterly, Director of Public Works N/A ISSUE/ACTION PRO POSED Staff seeks Council approval of a n ordinance to e nter a n agreement with the City of Littleton and the South Suburban Parks and Recreation District to jointly develop and fund a trail s y stem along the Big Dry Creek channel . PREVIOUS COUNCIL ACTl"Jm None . BACKGROUND The City of Littleton applied for federal participating funds for t hi s project under the Intermodal Surface Transportation Efficiency Act (ISTEk ). The project was approved by the Denver Re giona l ouncil of Government s (DRCOG ) a nd incorpor~ted int0 the Statewide Transportation Improvement Program. Littleton , South Suburban, and Englewood participated in a planning study prepared by Urban Edges, Inc . to develop a continuous trail system . PROS AND CONS OF OPTIONS REVIEWED Th is project wil l provide a trail system fr om the Platte River through Bellevie w Park a nd into the City of Littleton . South Suburban wi ll contribute the ma jority of the required 20\ match f o r this proj e c t . STAPP ANl',LY/lll '1 e !STEA program !',rovides an opportunity for Englewood to receive federal partjcipat i on in a trail system link i ng the ?l atte River to the ,q igl:.l.i ne Cana.l . Staff recommends Council approval of this agre.en ,: ,,,:. rJ C~. l / ,'INANCIAL IMPACT /_,/ , , "--'-. ' The total ei;timatea-i:ci st for this project is $757, ooo . Englewood '-s maximu!l...ahare is $40,000 . It is anticipated that South Su b~n ..wTll be 2.ble tt• offset a portion of our $40,000 share, h o wever, firm fimmci"l commitments have not yet been obtained. F-~n ds f o r th i s proj ect we re not b u dgeted in 1994, however, a d equa t e fu n ds are a v ai L1ble within the Public Improvement Fund b a l a nce . Om July 18, 1994 IN111A TED BY STAFF SOURCE COUNCIL GOAL ca.JNCIL COMMUNICA1~ Agam ltan 12'1 Department of Public Works Subject lntergovemmf!lltal Agreement for Pedestrian Bike Trail Along Big Dry Creek Charles Esterly, Director of Public Worl:s Regional Cooperation -IS5UE/ AC ·•'-'•" PROPOSED Staff seeks Council approval of an ordinance to enter an agreement with the City of Littleton and the South Suburban Park and Recreation District to jointly develop and fund a trail system alonb the Big Dry Creek channel. PREVIOUS COUNCIL ACilON None . BACKGROUND The City of Littleton applied for federal participating funds for this project under the lntermodal Surface Transportation Efficiency Act (!STEA). The project was approved by the Denver Regional Council of Governments (DRCOG) and incorporated into the Statewide Transportation Improvement Program. Littleton, South Suburban, and Englewood participated in a planning study prepared by Urban Edges, Inc . to develop a continuous trail system . STAFF ANALYSIS The ISTEA progran, provides an opp!lrtunit'j for Englewood to receive federal participation Aina trail system linlcing the Platte River to the Highline Canal . Staff recommends Council W3pprova l of this agreement. PROIS AND CONS Of OPTIONS REVIEWED This project will provide a trail system from the Platte River through Belleview Park and into the City of Littleton . South Suburban will contribute the majority c-f the required 20% matching funds for thi o project . FINANOAL IMPACT The total estimated cost for this project is $757 ,000 . Englewood's maximum share is $40,000 . It is anticipated that South Suburban will be able to offset a portion of our $40,000 share. However, firm financial commitments have not yet been obtained . Funds for this project were not budgeted in 1994, but adequate funds are available within the Public Improvement Fund balance .