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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/05/2021 - RESOLUTION 2021-001 AUTHORIZING THE EXECUTION OF A Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY January 5, 2021 City Council STAFF Brad Buckman, Manager, Civil Engineering Judy Schmidt, Legal SUBJECT Resolution 2021-001 Authorizing the Execution of an Intergovernmental Agreement Between the City of Fort Collins and the Fort Collins Downtown Development Authority Regarding the Renovation and Redevelopment of Tenney Court North Alley and West Oak Street Alley. EXECUTIVE SUMMARY The purpose of this item is to request Council adoption of an Intergovernmental Agreement (IGA) between the City and the Downtown Development Authority (DDA) for renovation and redevelopment of Tenney Court North and West Oak Street Alleys. The alley names listed are temporary and only specified for the purpose of this IGA and for identification during design and construction. They will be officially named in the future and with consideration of the City's theme of naming downtown's alleys to honor exemplary individuals who reflect the historic and cultural geography of the downtown area. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This IGA is the fourth of its kind for enhancements pursuant to a Master Plan. On January 10, 2008, the Board or Directors of the DDA commissioned Russell + Mills Studios to prepare a Master Plan for Downtown Alleys and Integrated Walkways for the redevelopment of designated alleys within the boundaries of the DDA. The purpose of the Master Plan was to propose improvements to certain alleyways located in or adjacent to the DDA’s boundaries to address deterioration, safety, parking, incompatibility of modes of travel and trash collection practices. On May 18, 2010, Council adopted Resolution 2010-027 authorizing the City Manager to execute the IGA agreement by and between the City and the DDA relating to the construction, operation, and maintenance of the Montezuma Fuller Alley and Old Firehouse Alley improvements. On February 1, 2011, Council adopted Resolution 2011-006 authorizing the City Manager to execute a separate IGA with the DDA relating to the construction, operation, and maintenance of the West Myrtle Alley. In 2014, the City and the DDA negotiated and agreed upon an “Intergovernmental Agreement Regarding Maintenance of Certain Downtown Alleys” (the “Maintenance IGA”), under which the DDA pays the City to perform certain maintenance services within the alleys redeveloped under the 2010 IGA and the 2011 IGA. On May 1, 2018, Council adopted Resolution 2018- 042 authorizing the City Manager to execute a separate IGA with the DDA relating to the construction, operation, and maintenance of the Old Firehouse/Seckner Alleys and West Mountain Alley. The Tenney Court North and the West Oak Street Alleys need substantial renovation and redevelopment, and the alley enhancements will provide aesthetic and economic benefits to the area encompassed by the City and the DDA. The City and the DDA have formulated a Basis of Design to clarify design expectations for redevelopment of the alleys and future alley enhancement projects in downtown Fort Collins. Overall, the Agenda Item 11 Item # 11 Page 2 architectural concepts in the Basis of Design are meant to enhance the local character and provide for enhanced pedestrian uses of the alley spaces. Additional architectural goals include encouraging additional outdoor uses, inspiring redevelopment on adjacent private land, ensuring emergency access where applicable, creating special trash collection strategies for each alley, and implementing shared street models to allow vehicular access, including business deliveries and trash haulers, in a controlled and integrated manner. The alley enhancements for this IGA were designed in accordance with the Basis of Design and current Larimer County Urban Area Street Standards (LCUASS). Additionally, the alley enhancements proposed under this IGA have been awarded through the City’s competitive bidding process and standard contract forms through the City’s Purchasing Department. The contract for construction services for this work is between the DDA and the contractor and shall be constructed in accordance with the Basis of Design, LCUASS, and all applicable City standards and requirements for public rights-of-way. The DDA Board approved the proposed IGA at its meeting on December 10, 2020 and authorized its chairperson to execute it. Anticipated construction timeline for DDA Alley Enhancements Project Installations is April 2021 - November 2021. CITY FINANCIAL IMPACTS The total cost for the City is $300,000 in previously appropriated and eligible General Improvement District funds as a contribution toward the cost of the Alley Enhancements. The DDA agrees that it shall expend such funds only on the Alley Enhancements. BOARD / COMMISSION RECOMMENDATION Final design plans for these alley enhancements will be reviewed by the Landmark Preservation Commission to the extent set forth in the Land Use Code. PUBLIC OUTREACH The DDA has conducted outreach regarding these Alley Enhancements from March 2020 until now. This includes outreach and coordination with all adjacent businesses/building owners, a presentation to the Landmark Preservation Commission in October 2020 and upcoming scheduled presentation to the Commission on Disabilities in January 2021 for comment and affirmation of designs. Additional opportunities for online presentation and public comment events will also be explored in early 2021. -1- RESOLUTION 2021-001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY REGARDING THE RENOVATION AND REDEVELOPMENT OF TENNY COURT NORTH ALLEY AND WEST OAK STREET ALLEY WHEREAS, on January 10, 2008, the Board of Directors of the Downtown Development Authority, a body corporate and politic (the “DDA”), commissioned Russell + Mills Studios (“R+M”) to prepare a Master Plan for Downtown Alleys and Integrated Walkways for the redevelopment of designated alleys within the boundaries of the DDA (the “Master Plan”); and WHEREAS, the purpose of the Master Plan was to propose improvements to certain alleyways located in or adjacent to the DDA’s boundaries to address deterioration, safety, parking, incompatibility of modes of travel and trash collection practices, leading to a more visually pleasing appearance in the alleyways and a “shared street” concept whereby the alleyways would be more conducive to vehicle, pedestrian and bicycle traffic, and provide greater connectivity between Fort Collins Downtown, the Colorado State University campus and the Fort Collins River District; and WHEREAS, on May 18, 2010, the Fort Collins City Council adopted Resolution 2010- 027 authorizing the City Manager to execute the intergovernmental agreement by and between the City and the DDA relating to the construction, operation and maintenance of the Montezuma Fuller Alley and Old Firehouse Alley improvements (the “2010 IGA”); and WHEREAS, on February 1, 2011, the Fort Collins City Council adopted Resolution 2011-006 authorizing the City Manager to execute a separate IGA with the DDA relating to the construction, operation and maintenance of the West Myrtle Alley (the “2011 IGA”); and WHEREAS, in 2014 the DDA and the City negotiated and agreed upon that certain “Intergovernmental Agreement Regarding Maintenance of Certain Downtown Alleys”, under which the DDA pays the City to perform certain maintenance services within the alleys redeveloped under the 2010 IGA and 2011 IGA (the “Maintenance IGA”); and WHEREAS, on October 10, 2019, the DDA Board approved the redevelopment in 2021 of Tenney Court North Alley & West Oak Street Alley (the “Alleys”); and WHEREAS, in 2019 the DDA Board commissioned Norris Design to prepare plans and specifications for renovation of the Alleys; and WHEREAS, the City and DDA have formulated and agreed upon a basis of design to clarify design expectations for redevelopment of the Alleys (“Basis of Design”) and to serve as a foundation for design expectations for future alley enhancement projects in downtown Fort Collins; and -2- WHEREAS, the construction plans, entitled “Fort Collins Downtown Alley Enhancements – Tenney Court North Alley and West Oak Street Alley,” dated September 29, 2020, are currently at sixty percent (60%) completion and will be brought to one hundred percent (100%) completion with the assistance of the DDA’s contractor; and WHEREAS, once completed, the construction plans will be subject to approval by the City in accordance with the City’s Capital Projects Review process and, upon such approval, the construction plans will be on file in the offices of the DDA and with the City Engineering Department (the “Construction Plans” or “Alley Enhancements”); and WHEREAS, the Alleys need substantial renovation and redevelopment, and the Alley Enhancements will provide aesthetic and economic benefits to the area encompassed by the DDA, and to the City as a whole; and WHEREAS, the Alley Enhancements will be designed and constructed in accordance with the Basis of Design, current Larimer County Urban Area Street Standards, and the Construction Plans, as approved though the City’s Capital Projects Review process; and WHEREAS, the DDA Board, on December 10, 2020, determined that this IGA is consistent with and in furtherance of the goals and purposes of the DDA and thereupon approved the terms of this IGA and authorized its chairperson to execute it; and WHEREAS, the City is the owner of the right-of-way within the Alleys (the “ROW”); and WHEREAS, on March 21, 2017, the City adopted the Downtown Plan which supports development of an integrated pedestrian network consisting of alleyways; and WHEREAS, the construction of the Alley Enhancements is consistent with and in furtherance of the Downtown Plan; and WHEREAS, on May 1, 2018, the Fort Collin City Council adopted Resolution 2018-042, authorizing the City Manager to execute an IGA with the DDA relating to the construction, operation and maintenance of the Old Firehouse Alley/Seckner Alley and West Mountain Alley (the “2018 IGA”); and WHEREAS, upon completion of the alley redevelopment envisioned under this IGA, the DDA and the City intend to execute a new intergovernmental agreement superseding the Maintenance IGA which will include the alleys to be redeveloped under this IGA; and WHEREAS, Article II, Section 16 of the City of Fort Collins Charter empowers the City Council, by ordinance and resolution, to enter into contracts with governmental bodies to furnish governmental services and make charges for such services, or enter into cooperative or joint activities with other governmental bodies; and -3- WHEREAS, Section 29-1-203 of the Colorado Revised Statutes also provides that governments may cooperate or contract with one another to provide certain services or facilities when such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve; and WHEREAS, Section 1-22 of the City Code, also provides that intergovernmental agreements and other cooperative arrangements between the City and other governmental entities are to be submitted to the City Council for review, unless they fit within one of the exceptions that permit execution by the City Manager; and WHEREAS, pursuant to C.R.S. §31-25-808, the DDA has authority to make public improvements which benefit those downtown areas of Fort Collins within its boundaries; and WHEREAS, pursuant to C.R.S. §31-25-808, the DDA is empowered to cooperate with the City, to enter into contracts with the City and to make or receive from the City grants, contributions and loans; and WHEREAS, the City and the DDA desire to enter into an intergovernmental agreement to memorialize their respective rights and obligations, relating to the Alley Enhancements; and WHEREAS, the City Council has determined that an intergovernmental agreement with the DDA for completion of the Alley Enhancements is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the City Manager is hereby authorized to execute the Intergovernmental Agreement Regarding The Renovation And Redevelopment of Tenney Court North Alley And West Oak Street Alley substantially in the form attached hereto as Exhibit “A,” with such modifications and additions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purposes set forth herein and not otherwise inconsistent with this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of January, A.D. 2021. _________________________________ Mayor ATTEST: _____________________________ City Clerk IGA.2020 Alley Improvements.Rev.12.03.20 1 INTERGOVERNMENTAL AGREEMENT REGARDING THE RENOVATION AND REDEVELOPMENT OF TENNEY COURT NORTH ALLEY AND WEST OAK STREET ALLEY This INTERGOVERNMENTAL AGREEMENT REGARDING THE RENOVATION AND REDEVELOPMENT OF TENNEY COURT NORTH ALLEY AND WEST OAK STREET ALLEY (“IGA”) is made and executed this ________day of _____________, 20____ , by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation (the “City”), and THE FORT COLLINS, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY, a body corporate and politic (the “DDA”). WITNESSETH: WHEREAS, Article II, Section 16 of the City Charter empowers the City Council of the City, by ordinance or resolution, to enter into contracts with other governmental bodies to furnish governmental services and make charges for such services or enter into cooperative or joint activities with other governmental bodies; WHEREAS, C.R.S. §29-1-203 also provides that governments may cooperate or contract with one another to provide certain services or facilities when such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve; WHEREAS, pursuant to C.R.S. §31-25-808, the DDA has authority to make public improvements which benefit those downtown areas of Fort Collins within its boundaries; WHEREAS, pursuant to C.R.S. §31-25-808, the DDA is empowered to cooperate with the City, to enter into contracts with the City and to make or receive from the City grants, contributions and loans; WHEREAS, on January 10, 2008, the Board of Directors of the DDA (the “DDA Board”), commissioned Russell +Mills Studios (“R+M”) to prepare a Master Plan for Downtown Alleys and Integrated Walkways for the redevelopment of designated alleys within the boundaries of the DDA (the “Master Plan”); WHEREAS, the purpose of the Master Plan was to propose improvements to certain alleyways located in or adjacent to the DDA’s boundaries to address deterioration, safety, parking, incompatibility of modes of travel and trash collection practices, leading to a more visually pleasing appearance in the alleyways and a “shared street” concept whereby the alleyways would be more conducive to vehicle, pedestrian and bicycle traffic, and provide EXHIBIT A IGA.2020 Alley Improvements.Rev.12.03.20 2 greater connectivity between Fort Collins Downtown, the Colorado State University campus and the Fort Collins River District; WHEREAS, on May 18, 2010, the Fort Collins City Council adopted Resolution 2010- 027 authorizing the City Manager to execute the intergovernmental agreement by and between the City and the DDA relating to the construction, operation and maintenance of the Montezuma Fuller Alley and Old Firehouse Alley improvements (the “2010 IGA”); WHEREAS, on February 1, 2011, the Fort Collins City Council adopted Resolution 2011-006 authorizing the City Manager to execute a separate IGA with the DDA relating to the construction, operation and maintenance of the West Myrtle Alley (the “2011 IGA”); WHEREAS, in 2014 the DDA and the City negotiated and agreed upon that certain “Intergovernmental Agreement Regarding Maintenance of Certain Downtown Alleys”, under which the DDA pays the City to perform certain maintenance services within the alleys redeveloped under the 2010 IGA and 2011 IGA (the “Maintenance IGA”); WHEREAS, on May 1, 2018, the Fort Collin City Council adopted Resolution 2018-042, authorizing the City Manager to execute an IGA with the DDA relating to the construction, operation and maintenance of the Old Firehouse Alley/Seckner Alley and West Mountain Alley (the “2018 IGA”); WHEREAS, upon completion of the alley redevelopment envisioned under this IGA, the DDA and the City intend to execute a new intergovernmental agreement superseding the Maintenance IGA which will include the alleys to be redeveloped under the 2018 IGA and this IGA; WHEREAS, on October 10, 2019, , the DDA Board approved the redevelopment in 2021 of Tenney Court North Alley & West Oak Street Alley, as depicted on Exhibit A, attached hereto and incorporated herein by this reference (the “Alleys”); WHEREAS, in 2019 the DDA Board commissioned Norris Design to prepare plans and specifications for renovation of the Alleys; WHEREAS, the City and DDA have formulated and agreed upon a basis of design to clarify design expectations for redevelopment of the Alleys and to serve as a foundation for design expectations for future alley enhancement projects in downtown Fort Collins, a copy of which is attached hereto and incorporated herein as Exhibit “B” (“Basis of Design”); IGA.2020 Alley Improvements.Rev.12.03.20 3 WHEREAS, the construction plans, entitled “Fort Collins Downtown Alley Enhancements – Tenney Court North Alley and West Oak Street Alley,” dated September 29, 2020, are currently at sixty percent (60%) completion and will be brought to one hundred percent (100%) completion with the assistance of the Contractor (as “Contractor” is defined in Section 3.3 below); WHEREAS, once completed, the construction plans will be subject to approval by the City in accordance with the City’s Capital Projects Review process and, upon such approval, the construction plans will be on file in the offices of the DDA and with the Engineering Department of the City (the “Construction Plans” or “Alley Enhancements”); WHEREAS, the Alleys are in need of substantial renovation and redevelopment, and the Alley Enhancements will provide aesthetic and economic benefits to the area encompassed by the DDA, and to the City as a whole; WHEREAS, the Alley Enhancements will be designed and constructed in accordance with the Basis of Design, current Larimer County Urban Area Street Standards, and the Construction Plans, as approved though the City’s Capital Projects Review process; WHEREAS, the City is the owner of the right-of-way within the Alleys (the “ROW”); WHEREAS, on March 21, 2017, the City adopted the Downtown Plan which supports development of an integrated pedestrian network consisting of alleyways; WHEREAS, the construction of the Alley Enhancements (the “Alley Enhancement Project”) is consistent with and in furtherance of the Downtown Plan; WHEREAS, the DDA will contract with the Contractor for and manage the construction of the Alley Enhancements, will pay the costs associated with construction of the Alley Enhancements, and upon their completion, will be responsible for certain maintenance and repair obligation in relation thereto; WHEREAS, the City desires to participate in the Alley Enhancement Project by permitting the construction of the Alley Enhancements within the ROW and by assisting the DDA with the competitive bidding process for selecting a contractor to construct the Alley Enhancements, as more fully set forth herein below; WHEREAS, the City and the DDA desire to enter into this IGA to memorialize their respective rights and obligations in connection with the Alley Enhancement Project, as well as their long-term obligations relating to the Alley Enhancements; IGA.2020 Alley Improvements.Rev.12.03.20 4 WHEREAS, the DDA Board, on December 10, 2020, determined that this IGA is consistent with and in furtherance of the goals and purposes of the DDA and thereupon approved the terms of this IGA and authorized its chairperson to execute it; and WHEREAS, the City Council, on _______________, 2021, by adoption of Resolution ________________________, determined that this IGA is consistent with and in furtherance of the goals and purposes of the City and the DDA and thereupon approved the terms of this IGA and authorized the City Manager to execute it. NOW, THEREFORE, in consideration of the mutual promises and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1.Term. The term of this IGA shall begin upon execution and shall continue through the termination of the existing Tax Increment Financing in place for the DDA (i.e. January 1, 2032), or the termination of the DDA, whichever first occurs. 2.Mutual Benefit of Alley Enhancement Project. 2.1 Cooperation. The parties hereto acknowledge that the Alley Enhancement Project will provide significant benefits to both the DDA and the City. The parties further acknowledge the special relationship between the City and the DDA and the importance of mutually implementing the Downtown Plan through efforts such as the Alley Enhancement Project. In consideration thereof, the DDA and the City agree that they will work cooperatively together in good faith to fulfill the purposes of this IGA and to equitably resolve any issues arising hereunder in order to complete the Alley Enhancement Project in accordance with the desires and intentions of the parties and the requirements, standards and procedures applicable to construction of public improvements within the ROW. 2.2 City’s Financial Contribution to Alley Enhancement Project. The parties acknowledge that the City Manager’s proposed 2021 budget includes a grant to the DDA of Three Hundred Thousand Dollars ($300,000) of General Improvement District Funds as a contribution toward the cost of the Alley Enhancements. The DDA agrees that, should this grant of GID funds be approved and appropriated by the Fort Collins City Council, the DDA shall expend such funds only on the Alley Enhancements. IGA.2020 Alley Improvements.Rev.12.03.20 5 3. Construction of Alley Enhancements. 3.1 City Approval of 100% Complete Construction Plans. The DDA acknowledges and agrees that the Construction Plans, once completed, are subject to approval through the City’s Capital Projects Review process before the DDA is authorized to construct the Alley Enhancements in accordance with Section 3.2 below. 3.2 Authorization to Construct Alley Enhancements, Construction Standards. The City authorizes the DDA to construct the Alley Enhancements. The Alley Enhancements shall be constructed in accordance with the Construction Plans, the Basis of Design, and all adopted and applicable City standards and requirements for public rights-of- way; provided, however, that the DDA is authorized to deviate from the Construction Plans to the extent permitted by the Basis of Design or applicable City standards. Except as authorized herein, all changes to the Construction Plans must be approved by the City. 3.3 Selection of Contractor. By intergovernmental agreement entitled “Intergovernmental Agreement for the Provision of Administrative Support Services” dated August 18, 2008, the City agreed to provide competitive bidding services to the DDA through the City’s Purchasing Department. The DDA agrees that it shall select the contractor to complete the Alley Enhancements (the “Contractor”) through a competitive bidding process cooperatively managed by the DDA and the City’s Purchasing Department, which process shall utilize all City practices and documents customarily used by the City for its own capital improvement projects. 3.4 Construction Contract. The contract for construction services for the Alley Enhancements (the “Construction Contract”) shall be between the DDA and the Contractor. The DDA agrees to utilize as the form for the Construction Contract the contract documents the City utilizes for a construction manager/general contractor for its own capital improvement projects (including all general conditions and standards). The DDA shall be responsible for making all payments legally due to the Contractor pursuant to the Construction Contract. The DDA shall further be responsible for performing all administrative and management services related to the Construction Contract, and shall do so in a timely and diligent manner. 3.5 Construction Engineer and Management. The DDA agrees to contract with a professional engineering company reasonably acceptable to the City to serve as project engineer and construction manager for the Alley Enhancement Project. The IGA.2020 Alley Improvements.Rev.12.03.20 6 City acknowledges that the DDA has contracted with Ditesco, LLC, to provide such services, and that Ditesco, LLC, is acceptable to the City. 3.6 Acquisition of Easements and Permits. The DDA shall be responsible for acquiring all easements and permits necessary for the Alley Enhancement Project, including temporary construction easements and permits for staging. 3.7 As-Built Drawings and Engineering Certification Letter. The DDA shall provide to the City true and correct copies of the as-built drawings and the engineering certification letter for the Alley Enhancements to the City in accordance with Section 7 below within thirty (30) days of completion of the Alley Enhancement Project. 3.8 No City Liability for Construction Contract. The DDA acknowledges and agrees that the City shall not have any financial or other liability for construction of the Alley Enhancements under the Construction Contract, construction management contract, or for permits, easements or other requirements of the Alley Enhancement Project. 4. DDA’s Ongoing Maintenance/Repair Obligations of Alley Enhancements. Through the term of this IGA, the DDA, at its sole cost and expense, shall be responsible for performing the following maintenance and repairs associated with the Alley Enhancements: 4.1 General Maintenance and Repairs. The DDA shall be responsible for maintaining the Alley Enhancements at a level generally consistent with how it maintains previously renovated downtown alleys, as described in the Scope of Services to the intergovernmental agreement between the City and the DDA entitled “Intergovernmental Agreement Regarding Maintenance of Certain Downtown Alley”, a copy of which is attached hereto and incorporated herein as Exhibit “C” (the “Scope of Services”). The parties acknowledge that reasonable adjustments to the Scope of Services shall be made from time to time based upon the usage of and experience in maintaining the Alleys in their improved condition. Such obligation shall not extend to renovating, rebuilding, upgrading, or modernizing any of the Alley Enhancements, but shall include replacement of materials or installed features as required to preserve the overall Alley Enhancements in a condition reasonable given the age and normal use of the Alley Enhancements. 4.2 Plants and Flowers. The DDA shall provide all flowers and ornamental plants for the planters and planting areas created by the Alley Enhancements, as well as funding for all labor associated with planting and maintaining such flowers and plants. IGA.2020 Alley Improvements.Rev.12.03.20 7 4.3 Snow Removal. The DDA shall provide for snow removal from the ROW. 4.4 Utility Costs Related to Alley Enhancements. The parties acknowledge that the Construction Plans will call for installation of water and electrical meters (the “Utility Meters”)for the following purposes related to the following Alley Enhancements: (a) to provide electricity to the lights; (b) to provide electricity to the electrical outlets located within the Alleys; and (c) for irrigation of the plants and flowers located in the planters and planter areas. The DDA shall be responsible for the cost of the utilities originating at the Utility Meters, subject to the following limitations: (a) the City shall make reasonable efforts to ensure that the lights are not turned on until after dusk and are turned off prior to dawn; and (b) the City shall not make use of the power or water originating at the Utility Meters for any purpose, except as otherwise provided in this IGA. 5. City Obligations Regarding the Alley Enhancements. The City agrees to the following obligations in relation to the Alley Enhancements for the term of this IGA: 5.1 General. The City shall make those repairs to the Alley Enhancements to the extent they are necessary directly as a result of: (a) A negligent, reckless or intentional act or omission of the City, its employees, agents or contractors; (b) An act or omission of a City permittee, licensee, franchisee, where the City has already received compensation from such person for the act or omission requiring repairs to the Alley Enhancements; or (c) A criminal or tortious act of any third party, and such third party has made such repairs or paid the City for such repairs. 5.2 Third-Party Compensation. In the event that the DDA repairs any Alley Enhancement and, subsequent to such payment by the DDA, the City for any reason whatsoever receives compensation for such repairs from any third party, then the City shall pay to the DDA the amount received from such third party up to the amount of the DDA’s costs and expenses to provide for such repair. 5.3 Claims Against Others for Repair. In the event that the City has a valid claim against a City permittee, licensee, or franchisee, entitling the City to require repair to the Alley Enhancements or correction of a defect therein, the City shall reasonably evaluate the strength of such claim and the potential costs of asserting it, and determine whether to assert such claim, at law or in equity. IGA.2020 Alley Improvements.Rev.12.03.20 8 5.4 Notices to DDA and Parks Maintenance. The City’s Engineering Department has adopted policies and procedures concerning work in redeveloped alleys, which include a process to timely notify the DDA and the City Parks and Recreation Division of proposed work in such alleys that may disturb Alley Enhancements. The City agrees to maintain this notification process policy during the term of this IGA. 5.5 Vendor Permits, Concessionaire Licenses. In the event the City issues a vendor’s permit, concessionaire’s license, or other license or permit used for similar purpose, within the Alleys, then the City shall require as a condition of any such permit or license that such user shall be responsible for keeping the area covered by the permit or license in a clean and neat condition, free of litter, soils and rubbish, and for returning such area to the condition which existed prior to the permittee’s or licensee’s use thereof, including repairing damaged pavers in accordance with Section 5 hereof. 5.6 Special Conditions on Repair and Replacement of Pavers. 5.6.1 Repair or Replacement by the City. In the event that the City undertakes repair or replacement of any damaged pavers within the ROW, the City agrees that it shall conduct such repair and/or replacement in accordance with the manufacturer’s specifications (the “Paver Specification Sheet”), and that it shall replace missing or irreparably damaged pavers with new pavers. The City agrees that it shall not repair or replace missing or damaged pavers with other road base materials such as asphalt or concrete. Copies of the Paver Specification Sheet shall be kept on file with the DDA and in the Engineering Department of the City with the as-built drawings for the Alley Enhancements. Provided that the requirements of this Section 5.6.1 have been satisfied, the DDA agrees to reimburse the City for its costs in repairing or replacing pavers in the Alleys. 5.6.2 Excavation and Building Permittees. (a) Pursuant to its adopted policies and procedures, the City shall provide to any person or entity who applies for or inquires about a building or excavation permit within the Alley affecting the Alley Enhancements an information pamphlet advising the prospective permittee of the special nature of the paver improvements within the Alleys (“Paver Information Pamphlet”) and a copy of the Paver Specification Sheet. IGA.2020 Alley Improvements.Rev.12.03.20 9 (b) To the extent permitted by Section 23.20(c) of the City’s Municipal Code, as a condition of any such building or excavation permit, the permittee, upon completing work in the Alleys affecting the Alley Enhancements, shall be required to return the Alley Enhancements to the state and condition which existed prior to the permittee’s work in the Alleys, including, by way of example and not of limitation, repairing or replacing any pavers that it damages consistent with the Paver Specification Sheet. The City agrees to make reasonable and good faith efforts to enforce such permit condition against any and all permittees. 5.6.3 Utility Providers, Franchisees and Other Persons. To the extent permitted by law, the City agrees to take reasonable measures to ensure that third parties who will be engaging in activities in the Alleys of a type or nature which could reasonably be capable of causing damage to the pavers, but who may not be required to obtain a permit before conducting such activities (e.g. franchisees and utility providers), are provided with the Paver Information Pamphlet and the Paver Specification Sheet, and that such third parties are required to repair or replace damaged pavers in accordance with the Paver Specification Sheet. 6. City Ownership of ROW and Alley Enhancements. The ROW shall remain the sole property of the City. The DDA shall not acquire any property interest in or to the ROW pursuant to or as a result of this IGA, nor shall the DDA have any obligations with respect to the ROW, beyond those obligations specifically identified herein. Upon acceptance thereof, the City shall own all of the Alley Enhancements excepting the consolidated trash enclosures, which shall be owned and operated by the DDA. 7. Notices. All notices to be given to parties hereunder shall be in writing and shall be sent by certified mail to the addresses specified below: If to the DDA: The Fort Collins, Colorado, Downtown Development Authority Attn: Executive Director 19 Old Town Square, Suite 230 Fort Collins, CO 80524 With a copy to: Liley Law Offices, LLC Attn: Joshua C. Liley 419 Canyon Avenue, Suite 220 Fort Collins, CO 80521 IGA.2020 Alley Improvements.Rev.12.03.20 10 If to the City: City of Fort Collins Attn: Director of Infrastructure Services/City Engineer 215 N. Mason Street Fort Collins, CO 80521; With a copy to: City Attorney’s Office Attn: City Attorney 300 Laporte Avenue Fort Collins, CO 80521 8. Governing Law. This IGA shall be governed by, and its terms construed under the laws of the State of Colorado. 9. No Third-Party Beneficiaries. It is the mutual intent of the parties hereto that this IGA shall inure to the benefit of only the parties hereto. Accordingly, nothing in this IGA shall be construed as creating any right or entitlement which inures to the benefit of any third party. 10. Annual Appropriation. All financial obligations of the City or the DDA arising under this IGA that are payable after the current fiscal year are contingent upon funds for that purpose being annually appropriated, budgeted and otherwise made available by the City Council of the City, in its discretion, and/or the Board of Directors of the DDA, in its discretion, as applicable. 11. Benefit, Binding Effect, Covenant. The parties hereto recognize that there are legal constraints imposed upon them by the constitution, statutes, and rules and regulations of the State of Colorado and of the United States, and imposed upon them by their respective governing statutes, charters, ordinances, rules and regulations, and that, subject to such constraints, the parties intend to carry out the terms and conditions of this IGA. Notwithstanding any other provision of this IGA to the contrary, in no event shall either of the parties be obligated hereunder to exercise any power or take any action that is be prohibited by applicable law. Whenever possible, each provision of this IGA shall be interpreted in such a manner so as to be effective and valid under applicable law. 12. Liability, Governmental Immunity. Each party hereto agrees to be responsible for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the full extent allowed by law. Liability of the parties hereto is at all times herein strictly limited and controlled by the provisions of the Colorado Governmental Immunity Act, C.R.S. §§ 24-10- 101, et seq. as now or hereafter amended. Nothing in this IGA shall be construed as a waiver of the protections of said Act. IGA.2020 Alley Improvements.Rev.12.03.20 11 IN WITNESS WHEREOF, the parties have executed this IGA the day and year first above written. CITY OF FORT COLLINS, COLORADO, a municipal corporation By: ___________________________________ Darin A. Atteberry, City Manager ATTEST: ______________________________ Delynn Coldiron, City Clerk APPROVED AS TO FORM: ______________________________ Judy Schmidt, Sr. Assistant City Attorney THE FORT COLLINS, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY, a body corporate and politic By: __________________________________ Jenny Schultz, Chair ATTEST: _________________________________ Cheryl Zimlich, Secretary EXHIBIT A Alley Depictions 2020-09-20_2020 ALLEY PROGRAM BASIS OF DESIGN 1 T E C H N I C A L M E M O R A N D U M Downtown Alley Enhancements West Oak and Tenney Court Alleys Basis of Design PREPARED FOR: City of Fort Collins PREPARED BY: Keith Meyer/Ditesco Cara Sochy/Norris Design REVIEWED BY: Todd Dangerfield/DDA DATE: September 20, 2020 Background The purpose of this Basis of Design is to document the design conditions by which the Downtown Alley Enhancements are being designed and constructed. Specifically, this technical memo outlines and highlights the standards which are modified or altered from standard. This memorandum follows on previous basis of design standards set forth in the 2010-2011 West Myrtle Alley Enhancements project and the 2018 Alley Enhancements – West Mountain Ave and Old Fire House Alleys. This basis of design follows on that methodology and is specifically written for the 2020 Alley Enhancements which includes West Oak Alley (bounded by Oak Street and Olive Street) and Tenney Court Alley (bounded by the existing Tenney Court Alley improvments, Mason Street and Laporte Ave). This document further creates a foundation for future alleys contemplated under the Downtown Alley Masterplan published December 1, 2008. The Downtown Alley Enhancements improve public rights of way but use a variety of architectural construction techniques not currently recognized by governing standards such as the Larimer County Urban Area Street Standards (LCUASS). As such, this Basis of Design highlights unique design concepts and outlines special standards to which the alleys are designed and constructed. Finally, this document is a tool for city officials to assist in review and approval of concepts proposed currently outside of recognized standards and to provide the DDA/City design and review teams with a clear understanding of mutual expectations from the outset of the design process. Summary The following design criteria will be used for the Downtown Alley Enhancements. Architectural Design Narrative The architectural design for the Downtown Alley Enhancements focuses on themes for each alley improvement area drawing on adjacent land uses and architectural concepts. For EXHIBIT B DOWNTOWN ALLEY ENHANCEMENTS – BASIS OF DESIGN 2020-09-20_2020 ALLEY PROGRAM BASIS OF DESIGN 2 example, the alleys nearer to Old Town have a historic theme while alleys closer to Colorado State University draw inspiration from the university setting. Overall, the architectural concepts are meant to enhance the local character and provide for enhanced pedestrian uses of the alley spaces. Additional architectural goals include encouraging additional outdoor uses, inspiring redevelopment on adjacent private land, creative festive spaces using special lighting, ensuring emergency access where applicable, creating special trash collection strategies for each alley and implementing shared street models to allow vehicular access, including business deliveries and trash haulers, in a controlled and integrated manner. TABLE 1 Architectural Design Criteria Item Criteria Value Brick Paving Traffic rated system (Pavestone or equal) Paver bedding Paver anchoring sand Architectural concrete (colored or other) Min. 3-1/8” paver, 7,000 psi ASTM C33 sand – min 1” depth Polymeric Min. 6” thick; 4,000 psi fibermesh (pedestrian use only) Site Furnishings Benches or seating Planter Pots Custom shade structures or screens Bollards Powder Coated Steel or custom concrete Precast Concrete w/ irrigation capability Powder Coated Steel, Cor-Ten or Carbon Steel Steel or Cast Aluminum with modified mounting detail Landscape Plantings Low water use Grasses, Perennials in beds Annuals in Hanging baskets and Pots None None Trees None Columns Concrete Masonry Block w/ Brick Facing – Robinson Brick or equal Internal masonry block; reinforced with spread footing (IBC 2012 or latest version) Civil Design Narrative Civil Engineering design criteria for the Downtown Alley Enhancements are focused on rehabilitation of existing paved surfaces. The overall intent is to maintain existing traffic loading, paving, drainage and utility conditions to the greatest extent possible. Where EXHIBIT B DOWNTOWN ALLEY ENHANCEMENTS – BASIS OF DESIGN 2020-09-20_2020 ALLEY PROGRAM BASIS OF DESIGN 3 applicable, drainage and paving site conditions are being improved to meet architectural design conditions or improve overall operations and maintenance. The civil engineering standards presented below are indicative of urban design retrofit conditions where numerous design constraints exist. TABLE 2 Civil Design Criteria Item Criteria Value Design Speed Vehicular < 20 mph Site Distance Stopping Sight Distance Corner Sight Distance 100-ft 0-ft (all stop condition) Slope Longitudinal Slope Max. grade break without vertical curve Min. vertical curve length Min. cross slope Max. cross slope Max. cross slope for sidewalks (pedestrian use) Min. 0.5%; Max. 4.0% 1% 50-ft 1% 4% 2% where achievable to meet existing site constraints Brick Paving Traffic rated system (Pavestone or equal) Min. 3-1/8” paver, 7,000 psi Brick Paving - Subbase Subbase under paving system if concrete is not used Min. 18” CDOT CL 5 or 6 ABC Concrete Paving Traffic – beneath brick paving system Pedestrian concrete (colored or other) Min. 5” thick, 4,000 psi Min. 6” thick; 4,000 psi fibermesh Structural Concrete Foundation support (light poles, columns, other as needed) Min. 3,500 psi mild reinforcement Drainage Maintain historical drainage patterns New subsurface system (if needed) Detention Water quality Drain Pan Match existing conditions 10-year design storm (developed condition if known) None None. Match existing conditions. 1” per 12” of pan width (as applicable) Traffic Traffic flow and distribution Maintain existing conditions close alleys to vehicular traffic where applicable EXHIBIT B DOWNTOWN ALLEY ENHANCEMENTS – BASIS OF DESIGN 2020-09-20_2020 ALLEY PROGRAM BASIS OF DESIGN 4 TABLE 2 Civil Design Criteria Item Criteria Value Travel way Min. 10-ft Utilities Electric bury depth (primary and secondary) Electric vertical separation to other utilities Conduit Storm Drainage Pipe Storm Pipe (shallow bury) Storm bury depth Storm vertical separation to other utilities Sewer Pipe Sewer bury depth Sewer vertical separation Water Pipe Water bury depth Water vertical separation Horizontal separation (all utilities) Dry utilities (private) Xcel Energy Comcast Qwest Other Trench Backfill (all utilities in public right of way) Min. 2-ft Min. 0” SCH 40 per Light and Power standards RCP CL III or IV DIP CL 350 (encased) Min. 1-ft Min. 0” SDR 35 Min. 4.5-ft 18” (encased if over water) DIP CL 350; C900 DR 14 or 18 4.5-ft 18” 0-ft (joint trench conditions) Per private standards Flowfill – 80 psi Electrical Design Narrative The electrical design conditions are unique to each alley improvement largely based upon site considerations such as architectural theme, intensity of use, vehicular conflict conditions, coordination with art and accents with landscape design. Current International Building, Electric and Fire Protection Codes dictate standards for review of the lighting system, control panels and breakers. The electrical systems for each alley are designed to be independent with separate private meters. The overall lighting goal is to provide a unique design that creates a festive, safe and interesting space encouraging increased alley use. TABLE 3 Electrical Design Criteria Item Criteria Value Governing Code National Electric Code (latest edition) None EXHIBIT B DOWNTOWN ALLEY ENHANCEMENTS – BASIS OF DESIGN 2020-09-20_2020 ALLEY PROGRAM BASIS OF DESIGN 5 TABLE 3 Electrical Design Criteria Item Criteria Value National Fire Protection Assoc. (latest edition) Light Standards Holophane SiteLink Poles; Fixtures vary; all LED Type to be determined based upon architectural theme and conditions Light Partial to Full Cut-off/Vehicle Impact Considerations – Steel or Cast Iron or Aluminum Pedestrian Height – 12’-16’ String Lights Primus Lighting, LED Festoon; shatterproof 24” O.C., LED fixtures, Screw-in type,14’ Min Clearance Irrigation Design Narrative The irrigation design standards are derived directly from the City of Fort Collins Parks and Recreation standards. Here, the Parks Department is currently contracted to maintain the alley irrigation system and, as such, the DDA has adopted their internal construction standards. These standards with specific modifications for alley applications are presented below. TABLE 4 Irrigation Design Criteria Item Criteria Value Governing Code National Plumbing Code (latest edition) National Electric Code (NEC – latest edition) None Design Pressure/Flow (3/4” service) 60 psi 10 gpm Distribution Mainline Pipe Lateral Pipe Sleeving Sleeving (across roadways/alleyways) Class 200, SDR 21 SCH 40, pressure class 200 SCH 40 (UV resistant) SCH 80 Controller Hunter or equal ACC-99D (two wire) Control Wire Hunter or equal 14 AWG Backflow Preventer Apollo 40-204 Drip emmitters Rainbird XFD 06-12 (varies) Tap City of Fort Collins Utility Standards Saddle tap with Mueller Corporation valve EXHIBIT B DOWNTOWN ALLEY ENHANCEMENTS – BASIS OF DESIGN 2020-09-20_2020 ALLEY PROGRAM BASIS OF DESIGN 6 TABLE 4 Irrigation Design Criteria Item Criteria Value Meter Set Curb Stop Service Line Meter by City of Fort Collins Utilities Mueller or Ford City of Fort Collins Utility Standards Current city standard Current city standard ¾” Type K Copper EXHIBIT B DOWNTOWN ALLEY ENHANCEMENTS – BASIS OF DESIGN 2020-09-20_2020 ALLEY PROGRAM BASIS OF DESIGN 7 Appendix A Provide product cut sheets as required or other specific project details. EXHIBIT B EXHIBIT C Scope of Services to Maintenance IGA A. The City will contract with the DDA to perform the following maintenance tasks in the W Myrtle Alley and the Rights-of-Way (collectively the “Service Area”). The DDA will be responsible for all expenses incurred for the maintenance of this Service Area and any additional work requested beyond this Scope of Service: 1. Routine Cleaning and Maintenance. The City will clean all surfaces within the Service Area, including but not limited to maintaining the cleanliness of pavers and concrete surfaces, light standards, trash receptacles, cigarette receptacles, movable planters, and benches. The City will provide a maximum of eight power washings per year for paver surfaces and any adjacent fixed infrastructure. The City will repair movable fixtures, including but not limited to benches and trash receptacles. The City will de-ice slippery areas after a contractor has provided snow removal efforts per event. The City is not responsible under this Agreement for repairing permanent fixtures, including but not limited to light standards and flag poles. The DDA agrees to be responsible for repair and replacement of such permanent fixtures, for replacement of all movable fixtures, and for repair or replacement of infrastructure, including pavers and concrete surfaces. The DDA may arrange with the City to provide these additional services at the DDA’s expense. 2.Flower Beds, Movable Planters, Hanging Baskets. The City will design, purchase, install and provide routine maintenance of all plant materials, including seasonal plantings, water, fertilizer, and fall cleanup for beds, planters and hanging baskets listed in the service area. The City will not replace plant materials damaged or destroyed by vandalism or inclement weather. Should the DDA request that annual plants be installed prior to May 15 (average date of last frost), the DDA will bear the cost of replacing annual plants damaged by frost, snow, ice or freezing temperatures. The DDA or event sponsor will also reimburse the City for the cost of replacement required as a result of damage during special events if scheduled in the Service Area. 3.Daily Litter Control. The City will provide litter control and debris removal within the Service Area, except for special events where the event promoter is contractually responsible for cleanup. 4.Other. Any other maintenance requests beyond those listed in this Scope of Services can be arranged for between the City and DDA at an additional cost based on time and materials. 5.Not Included. The City will not provide the following maintenance services: snow removal, utility costs, light bulb replacement, or electrical fixtures and infrastructure replacement. The DDA may arrange with the City to provide additional services at the DDA’s expense.