HomeMy WebLinkAbout1997 Ordinance No. 001,.. .
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ORDINANCE NO . L
SERIES OF 1996/1997
BY AUTHORITY
COUNCIL BILL NO. 81
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "CITY OF ENGLEWOOD PROJECT AGREEMENT WITH RTD FOR
TRANSIT FACILITIES AND PARKING SPACES TO BE INCORPORATED INTO
THE REDEVELOPMENT OF COMMERCIAL REAL ESTATE NEAR HAMPDEN
AND SANTA FE (PRESENTLY REFERRED TO AS CINDERELLA CITY)"
BETWEEN THE REGIONAL TRANSPORTATION DISTRICT (RTD) AND THE
CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City is actively participating in the redevelopment of a
Commercial Redevelopment Property," currently known as the Cinderella City site,
located at Hampden Avenue and Santa Fe Drive; and
WHEREAS, the Regional Transportation District (RTD) is constructing an
extension of the RTD's current light rail system located adjacent to the west side of
the Commercial Redevelopment Property near Hampden and Santa Fe, presently
referred to as Cinderella City; and
WHEREAS, the parties wish to utilize mutual benefits from the redevelopment of
the commercial property, presently referred to as Cinderella City, and the RTD Light
Rail System by incorporating the proposed retail and professional services with the
light rail facilities; and
WHEREAS , it is believed that the incorporation of the transit improvements with
the Commercial Redevelopment Property is beneficial to both the redevelopment and
the light rail system; and
WHEREAS, with this incorporation, the parking spaces may be used jointly by
transit users and patrons of the commercial property; and
WHEREAS, RTD Bus bays will be used to bring customers to the commercial
property as well as provide access to the light rail system; and
WHEREAS , RTD will contribute funding for the transit improvements in the fixed
amount of$2,700 ,000 .00 ;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Intergovernmental Agreement between the Regional
Transportation District (RTD ) and the City of Englewood, Colorado , attached hereto
as "Exhibit l," is hereby accepted and approved by the Englewood City Council.
Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal
the Intergovernmental Agreement for and on behalf of the City of Englewood,
Colorado .
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Introduced, read in full, and passed on first reading on the 16th day of December,
1996.
Published as a Bill for an Ordinance on the 20th day of December, 1996.
Read by title and passed on final reading on the 6th day of January, 1997
Published by title as Ordinance No. L, Series of 1997, on the 9th day of January,
1996.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy ~f the Ordinance passed on final
reading and published by title as Ordinance No. L, Series of 1997.
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City of Englewood
Project Agreement with RTD
for
EXHIBIT 1
Transit Facilities and Parking Spaces
to be Incorporated into the
Redevelopment of Commercial Real Estate
near Hampden and Santa Fe
(Presently referred to as Cinderella City)
Agreement, made this __ day of , 199_, by and between the City of
Englewood, a home-rule municipality , hereinafter referred to as the "City", and the
Regional Transportation District, a political subdivision of the State of Colorado ,
hereinafter referred to as the "RTD".
WITNESS ETH:
WHEREAS, the City is actively participating in the redevelopment of a Commercial
Redevelopment Property , currently known as the Cinderella City site , located at
Hampden Avenue and Santa Fe Drive ; and
WHEREAS , RTD is constructing an extension of their current light-rail system,
referred to as the Southwest Corridor Light Rail Transit Project, within the right-of-way
immediately adjacent to the west side of the Commercial Redevelopment Property; and
WHEREAS , RTD has entered into a Full Funding Grant Agreement with the Federal
Transit Administration (FTA) based on preliminary engineering plans indicating a
station, hereinafter referred to as Hampden Station , adjacent to the Commercial
Redevelopment Property ; and
WHEREAS , an Environmental Impact Statement (EIS) has been completed in
accordance with the National Environmental Policy Act of 1969 for the Southwest
Corridor Light Rail Transit Project, which dictates that eight bus bays and 670 parking
spaces are required in support of the Hampden Station; and
WHEREAS , the authority exists in the law and funds have been budgeted ,
appropriated and otherw ise are to be made available and a sufficient unencumbered
balance thereof remains available for payment of project costs ; and
WHEREAS , the City is responsible for administrating t he redevelopment of the
Commercial Redevelopment Property , an activity center located at Hampden Avenue
and Santa Fe Drive, into a complex which will provide a variety of retail and other
services for the public; and
WHEREAS, incorporating transit friendly retail or professional services in
conjunction with the station area facilities is mutually beneficial to the redevelopment of
the Commercial Property and to the Light Rail System; and
WHEREAS, the City and RTD therefore desire to coordinate construction of RTD's
project with the Commercial Redevelopment Project.
NOW, THEREFORE , in consideration of the mutual promises contained herein, and
for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged , the parties agree as follows:
SECTION ONE
PURPOSE
The purpose of this Agreement is to provide for the incorporation of the transit
related improvement(s) described below (hereinafter referred to as the "Project") and to
provide a permanent transit easement to RTD at the Commercial Redevelopment
Property. With this incorporation , it is understood that the parking spaces may be used
jointly by transit riders and patrons of the redevelopment and that these users are
generally focused at non-competing times of the day. It is also understood that the bus
bays will serve to bring customers to the redevelopment as well as provide access to
the light rail system . It is believed that the Project improvements are beneficial to both
the redevelopment and the light rail system and no effort is made here to quantify the
level of benefit to either party .
SECTION TWO
THE PROJECT
The Project will be constructed within the "Project Area" defined as an area within
1,320 feet of the Hampden Station (Exhibit A).
Project elements include:
a. Parking for 670 automobiles. The parking ratio shall not exceed 120 spaces per
acre . This may include shared parking with businesses that do not have peak service
needs coinciding with peak commute times .
b . An eight bay bus transfer facility , including one bay for articulated buses.
c . Pedestrian access from the parking and transfer facilities to the station platform,
including access in conformance with the Americans with Disabilities Act (ADA). The
Project does not require, nor does RTD endorse , the use of mechanical devices (i.e.,
elevators , escalators) for such access .
d . Reservation of land, of the dimensions specified in Exhibit B, for the installation
of a LRT (Light Rail Transit) traction power substation .
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e. Facilities designed and constructed for a 30-year life , requiring only routine
maintenance that does not significantly impact the services provided to transit riders
(see section 12).
f . Permanent easements to RTD for the transit facilities described above , including
the LRT traction power substation , and guaranteed access via easement or dedicated
public right-of-way, at the City's option , to and from the bus and park ing facilities for
transit purposes and access to and from the LRT traction power substation and station
p latform for maintenance purposes .
g . The Project does not include construction of the Hampden Station nor access
easements or construction of improvements outside of the Commercial Development
Property.
h . RTD will provide project design guidelines to the City to implement the described
improvements , and shall concur in final design prior to its financial participation in
construction of the improvements .
SECTION THREE
FUNDING
RTD w ill contribute funding in the fixed amount of Two Million Seven Hundred
Thousand Dollars ($2,700 ,000) to the Project. Of this amount, RTD will contribute a
maximum of $200 ,000 for design costs in 1997 . Additional sums may be billed to RTD
in 1997 if actual construction , which includes demolition of the existing parking structure
in the Project Area , commences in that year. During the period of construction , RTD
w il l be billed at intervals of not less than 30 days, based on a percentage completion of
the Project. The City will provide copies of Contractor invo ices along with the City 's
invoice to RTD . RTD has the right to inspect all work performed prior to payment.
SECTION FOUR
ELIGIBLE COSTS
Since it is recognized that costs eligible for reimbursement by the RTD under this
Agreement may be part of a la rger project and includes shared parking with businesses
that do not have peak service needs coinciding with peak commute t imes , such eligible
costs may include , but are not limited to , the actual cost of the acquisition of real
property , design and construction of the approved Project.
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SECTION FIVE
CITY REQUIREMENTS
a. The City or its agents will prepare any necessary permanent and access
easement instruments for the Project. Costs for title insurance and incidental real
estate transfer costs are included in RTD's financial contribution .
b . The City or its agents will provide design document review, design, inspection ,
testing and engineering services for the Project. Said services are included in RTD 's
financial contribution.
c. The City or its agents will obtain permits and approvals for the Project and will be
responsible for citizen review and public agency coordination, if any. All costs
associated with these activities are included in RTD's financial contribution .
d . The City will construct the Project , or portions thereof, or cause it to be
constructed in accordance with appropriate local , state , and federal laws.
e . The City or its contractor will permit and will require subcontractors to permit the
RTD to inspect all data and records with regard to the Project. The RTD also may
require the City to furnish at any time prior to closeout of the Project , audit reports
prepared according to generally accepted accounting principles .
f . Final payment by RTD for construction is expressly contingent upon substantial
completion of the work to be performed under this Agreement on or before January 1,
2000. The City shall obtain RTD's final inspection and written concurrence in the
acceptance of the completed Project improvements on or before March 1, 2000.
SECTION SIX
TIME IS OF THE ESSENCE
The City acknowledges and understands that RTD is committed by contract with the
Federal Transit Admin istration to completing its Southwest Corridor Light Rail Project,
including the Project improvements by July , 2000 . The City warrants that all work
contemplated by this Agreement shall be substantially completed not later than January
1, 2000 . In the event that it appears to the City or RTD at any time that the City will be
unable to complete the Project by that date , or to construct temporary substitute parking
within the Project Area , or if the City has not begun construction of the Project by July
1, 1998 , the parties shall so stipulate in writing , and RTD shall have the option to cancel
this Agreement , or to itself construct temporary substitute parking within the Project
Area .
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Construction by the City of temporary parking shall not cause an increase in the
financial contribution of RTD, and shall not relieve the City of the obligation to complete
the Project at a new date to be negotiated by the parties . If the City cannot complete
the Project by the new date of completion, the City shall convey to RTD the temporary
parking area plus improvements for not more than the City's actual cost of land
acquisition and construction or $2,700,000, whichever is less. In the event that RTD
completes the temporary parking, any sums expended by RTD shall be deducted from
the $2,700 ,000.
SECTION SEVEN
DESIGN APPROVAL
All plans and specifications for construction of the Project shall be reviewed by RTD
before any construction work is implemented . RTD shall have fourteen (14) calendar
days to comment on plans and specifications submitted . In the event that RTD and the
City do not concur in the design of the Project, including demolition and reconstruction
of existing facilities , RTD shall have the right to withdraw from the Project. In the event
that RTD chooses to withdraw from the Project, RTD shall not receive a refund of any
amounts paid at the time of withdrawal, but shall have no further obligation, financial or
otherwise, to the City.
Any change of design made after RTD review and concurrence , and all change
orders which directly impact the Project shall be submitted to RTD prior to being
implemented. RTD shall have not more than 3 working days to submit its comments on
such changes. RTD has assigned Andrew Leong as a liaison person who shall be
contacted regarding any proposed changes and shall have the authority to authorize
any changes in writing following his review.
SECTION EIGHT
RIGHT OF INSPECTION
RTD shall have the right to have an inspector present on site at any time during
construction and to have a representative at any construction or other meetings.
SECTION NINE
RECORDS
The City shall maintain all books, documents, papers , accounting records and other
evidence pertaining to costs incurred and other performance hereunder and make such
materials available for inspection at all reasonable times during the construction period
and three years from the date of acceptance of the Project by RTD. On request, copies
of such records shall be furnished to RTD for RTD's permanent records.
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SECTION TEN
FINAL INSPECTION
The City shall obtain the RTD's inspection and written concurrence in the
acceptance of the completed Project or portion thereof.
The RTD , upon granting acceptance , and receipt of invoices acceptable to and
approved by RTD will within thirty (30) days thereafter, make payment in the amounts
specified in Section Three above , in conformance with the conditions stated herein.
SECTION ELEVEN
AS-BUILT DRAWINGS
The City shall provide to RTD a complete set of as-built drawings for the Project
upon acceptance of the Project by RTD .
SECTION TWELVE
MAINTENANCE OF PROJECT
The parties contemplate a joint use project, for which a joint use maintenance
agreement will be negotiated . The RTD will contribute to maintenance of the Project
during its useful life, and shall maintain the LRT passenger platform and the LRT
traction power substation at its own cost. Maintenance will include, but not be limited
to , snow and ice removal , provision of sanding and deicing agents for vehicular , bus
and pedestrian access , and the removal of such sand or deicing agents as deemed
necessary.
SECTION THIRTEEN
PERMANENT TRANSPORTATION EASEMENT
In consideration for the Project funding provided by RTD , the City shall ensure that
RTD is provided a permanent transportation easement in the Project Area . Con-
veyance of said easement shall take place in a timely manner after the City finalizes
and arranges for ownership of the Commercial Redevelopmen t Property. This
easement shall allow RTD non-exclusive use for mass transportation purposes and for
any uses in accord with its statutory authority (excluding retail sales), currently
described at CRS 32-9-101 , et seq . Project construction shall t ake place in the area of
the easement.
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SECTION FOURTEEN
CONTINUING TRANSPORTATION USE
In consideration for this Project funding, the City shall allow RTD use of the
improvements funded hereunder for transportation purposes pursuant to CRS 32-9-
119.
SECTION FIFTEEN
HOLD HARMLESS -RTD NOT LIABLE
The City shall ensure that any contractors it retains for any work on the Project,
including, but not limited to, design and construction of the Project, shall name the RTD
a third party beneficiary of any contracts with the City, and all hold harmless sections in
any such contracts shall indemnify RTD to the same extent that they indemnify the City.
RTD shall be an additional named insured on any policy of insurance held by any
contractor to the City for any work involving the design or construction of the Project.
The City, within its legal ability to do so under the Constitution of the State of
Colorado and its home-rule charter, and without in any way or manner intending to
waive or waiving the defenses or limitations on damages provided for under and
pursuant to the Colorado Governmental Immunity Act (Sec. 24-10-101, et seq . C.F .S.),
the Colorado Constitution , its home-rule charter or under the common law or the laws of
the United States or the State of Colorado, shall indemnify and save harmless RTD
against any and all damages which are recovered under the Colorado Governmental
Immunity Act and reduced to final judgment in a court of competent jurisdiction by
reason of any negligent act or omission by the City , its agents , officers , or employees,
in connection with the performance of this Agreement.
SECTION SIXTEEN
PROHIBITED INTERESTS
No officer, member, or employee of the RTD , and no members of its governing
body, and no other public official or employee of the governing body of the locality or
localities within the district during his or her tenure or for one year thereafter, shall have
any interest, direct or indirect , in this Agreement, or the proceeds thereof.
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SECTION SEVENTEEN
MISCELLANEOUS
1. Notices. Any notice to be given hereunder shall be deemed given when sent by
registered or certified mail to the addresses below:
John Claflin, Director of Development
and Engineering
RTD
1600 Blake St.
Denver, Co. 80202
Charles R. Esterly, Director
Public Works Department
City of Englewood
3400 S. Elati St.
Englewood, Co. 80110
2. Severability. Should any provision of this Agreement be declared invalid by any
court of competent jurisdiction, the remaining provisions hereof shall remain in full force
and effect regardless of such declaration .
3. Equal Employment Opportunity. In connection with the performance of this
Agreement, the City shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, age , marital status,
being handicapped, a disadvantaged person , or a disabled or Vietnam era veteran.
The City shall take affirmative action to insure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion,
sex, national origin , age, marital status, being handicapped, a disadvantaged person, or
a disabled or Vietnam era veteran. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion , or transfer ; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training , including apprenticeship .
4. Agreement Binding. This agreement shall inure to the benefit of and be binding
upon the successors and assigns of the parties thereto.
5. Laws to Apply . The Project shall be carried out in accordance with the laws of the
State of Colorado and all applicable Federal laws and regulations , and all local laws,
ordinances and regulations .
6. Amendment. This Agreement may not be amended except in writing by mutual
agreement of the parties, nor may rights be waived except by an instrument in writing
signed by the party charged with such waiver .
7. Terms of Agreement. The terms of this Agreement will continue through the
completion of the Project and receipt of final payment from RTD .
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IN WITNESS WHEREOF, the parties have duly executed this Agreement, effective
the day and date first above written.
APPROVED AS TO LEGAL FORM FOR
REGIONAL TRANSPORTATION DISTRICT
By~~
ATTEST:
Loucrishia A. Ellis , City Clerk
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REGIO"NSPORTATION DISTRICT By~ff_~
Clarence W. Marsella, General Manager
CITY OF ENGLEWOOD:
Thomas J. Burns, Mayor
12/10/96 "
R.C.M :
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Exhibit B
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Date
December 16, 1996
INITIATED BY
COUNCIL COMMUNICATION
Agenda Item
10 a iii
STAFF SOURCE
Subject
Intergovernmental Agreement with
RTD for Light Rail Facilities at the
Hampden Station
Department of Public Works Charles Esterly, Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
To utilize mutual benefits for the redevelopment of the commercial property (presently referred to as Cinderella
City) and the Light Rail System by incorporating the retail and professional services with the light rail facilities .
RECOMMENDED ACTION
Staff recommends that Council approve a Bill for an Ordinance to enter into an agreement with RTD for the
construction of transit fac ilities at the Hampden station .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
RTD is constructing an extension of their current light rail system immediately adjacent to the west side of the
commercial redevelopment property . It is believed that the incorporation of the transit improvements with the
commercial redevelopment property are beneficial to both the redevelopment and the light rail system . With this
incorporation , the parking spaces may be used jointly by transit users and patrons of the commercial property.
Bus bays will be used to bring customers to the commercial property as well as provide access to the light rail
system.
FINANCIAL IMPACT
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RTD will contribute funding for the transit improvements in the fixed amount of $2,700,000.
LIST OF ATTACHMENTS
Bill of an Ord inance
Intergovernmental agreement