HomeMy WebLinkAbout2025-005-02/04/2025-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THEI I
RESOLUTION 2025-005
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 EAST MULBERRY AND CHESTNUT
STREET ALLEYS
A.On January 10, 2008, the Board of Directors of the Downtown Development
Authority, a body corporate and politic (the "ODA"), commissioned Russell+Mills Studies
(R+M), Inc., to prepare a Master Plan for Downtown Alleys and Integrated Walkways for
the redevelopment of designated alleys within the boundaries of the ODA (the "Master
Plan").
B.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.
C.On May 18, 2010, the City Council adopted Resolution 2010-027
authorizing the City Manager to execute the intergovernmental agreement by and
between the City and the ODA relating to the construction, operation and maintenance of
the Montezuma Fuller Alley and Old Firehouse Alley Improvements.
D.On February 1, 2011, the City Council adopted Resolution 2011-006
authorizing the City Manager to execute a separate IGA with the DOA relating to the
construction, operation and maintenance of the West Myrtle Alley (the "2011 IGA").
E.In 2014, the DOA and the City negotiated and agreed upon that certain
"Intergovernmental Agreement Regarding Maintenance of Certain Downtown Alleys",
under which the DOA pays the City to perform certain maintenance services within the
alleys redeveloped under the 2010 IGA and 2011 IGA (the "Maintenance IGA").
F.On May 1, 2018, the City Council adopted Resolution 2018-042, authorizing
the City Manager to execute an intergovernmental agreement with the DOA relating to
the construction, operation and maintenance of the Old Firehouse Alley/Seckner Alley
and West Mountain Alley (the "2018 IGA").
G.On January 5, 2021, the Fort Collins City Council adopted Resolution 2021-
001, authorizing the City Manager to execute an intergovernmental agreement with the
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DOA relating to the construction, operation and maintenance of Tenney Court North Alley
and West Oak Street Alley (the "2021 IGA"); and
H.On June 15, 2021, the Fort Collins City Council adopted Resolution 2021-
068, authorizing the City Manager to execute an amendment to the 2021 IGA with the
ODA relating to the construction, operation and maintenance of certain Alley
Enhancement on City-owned property abutting Tenney Court North Alley (the "2021 IGA
Amendment'').
I.On January 17, 2023, the City Council adopted Resolution 2023-008
authorizing the City Manager to execute a separate !GA with the DOA relating to the
construction, operation, and maintenance of the Olive Street Alley, Harper-Goff Alley, and
East Myrtle Street Alley (the "2023 !GA").
J.On December 12, 2024, the DOA Board approved and authorized execution
of the attached Intergovernmental Agreement Regarding the Renovation and
Redevelopment of East Mulberry Street and Chestnut Street Alley (the "2025 !GA") as
shown on Exhibit "A", attached hereto and incorporated herein by this reference.
K.On October 10, 2019, the ODA Board approved the redevelopment in 2025
of East Mulberry Street Alley and Chestnut Street Alley, as depicted on Exhibit "A" of the
2025 IGA.
L.On March 14, 2024, the ODA Board commissioned RVI
Planning+L andscape Architecture, Inc., ("Contractor'') to prepare plans and specifications
for renovation of the Alleys.
M.The City and ODA have formulated and agreed upon a Basis of Design,
dated November 2024, 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, which is included in Exhibit "B" to the 2025 IGA ("Basis of Design").
N.The construction plans, entitled "Fort Collins Downtown Alleys -East
Mulberry Street Alley and Chestnut Street Alley," dated October 22, 2024, currently are
at sixty percent (60%) completion and will be brought to one hundred percent (100%)
completion with the assistance of the Contractor.
0.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 DOA and with the
Engineering Department of the City (the "Construction Plans" or "Alley Enhancements").
P.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 ODA, and to the City as a whole.
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Q.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.
R.The City is the owner of the right-of-way within the Alleys (the "ROW').
S.On March 21, 2017, the City adopted the Downtown Plan which supports
development of an integrated pedestrian network consisting of alleyways.
T.The construction of the Alley Enhancements {the "Alley Enhancement
Project") is consistent with and in furtherance of the Downtown Plan.
U.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.
V.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.
W.The 2025 IGA includes provisions about the DDA's ongoing maintenance
and repair obligations of the Alley Enhancements throughout the term of the 2025 IGA
and the scope of such obligations are depicted on Exhibit "C" of the 2025 IGA.
X.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.
Y.Colorado Revised Statutes ("C.R.S.") Section 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.
z.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.
AA. Pursuant to C.R.S. §31-25-808, the DOA has authority to make public
improvements which benefit those downtown areas of Fort Collins within its boundaries.
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AB. Pursuant to C.R.S. §31-25-808, the DOA 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
AC. The City and the ODA desire to enter into an intergovernmental agreement
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.
AD. The City Council has determined that an intergovernmental agreement with
the DOA 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 that the City Manager is hereby authorized to execute the
Intergovernmental Agreement Regarding the Renovation and Redevelopment of East
Mulberry Street Alley and Chestnut 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 on February 4, 2025 .
ATTEST:
Effective Date: February 4, 2025
Approving Attorney: Jenny Lopez Filkins
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EXHIBIT A TO RESOLUTION 2025-005
INTERGOVERNMENTAL AGREEMENT
REGARDING THE RENOVATION AND REDEVELOPMENT
OF EAST MULBERRY STREET ALLEY AND CHESTNUT STREET ALLEY
This INTERGOVERNMENTAL AGREEMENT REGARDING THE RENOVATION
AND REDEVELOPMENT OF EAST MULBERRY STREET ALLEY AND CHESTNUT
STREET ALLEY ("IGA") is made and executed this ___ day of _____ � ___ _
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 I 0, 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 desi gnated 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 greater connectivity 2024.25 IGA re Alley Improvement Projcct.Rev.JCL.12.04.24 1
EXHIBIT A TO RESOLUTION 2025-005
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 intergovernm ental 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, on January 5, 2021, the Fort Collins City Council adopted Resolution 2021-001,
authorizing the City Manager to execute an IGA with the DDA relating to the construction,
operation and maintenance of Tenney Court North Alley & West Oak Street Alley (the "2021
IGA");
WHEREAS, on June 15, 2021, the Fort Collins City Council adopted Resolution 2021-
068, authorizing the City Manager to execute an amendment to the 2021 IGA with the DDA
relating to the construction, operation and maintenance of certain Alley Enhancement on City
owned property abutting Tenney Court North Alley (the "2021 IGA Amendment");
Whereas, on January 20, 2023, the Fort Collins City Council adopted Resolution 2023-
008, authorizing the City Manager to execute an IGA with the DDA relating to the construction,
operation and maintenance of West Olive Street Alley, Harper Goff Alley, and East Myrtle Street
Alley (the "2023 IGA");
WHEREAS, subsequent to execution of this IGA, the DDA and the City intend to execute
a new intergovernmental agreement superseding the Maintenance IGA, which will include the 2024-25 IGAre Alley Improvement ProjectRev.JCL.12.04.24 2
EXHIBIT A TO RESOLUTION 2025-005
alleys redeveloped under the 2018 IGA, the 2021 IGA, the 2021 IGA Amendment, the 2023 IGA,
and this IGA;
WHEREAS, on October 10, 2019, the DDA Board approved the redevelopment in 2025 of
East Mulberry Street Alley and Chestnut Street Alley, as depicted on Exhibit A, consisting of two
(2)pages, attached hereto and incorporated herein by this reference (the "Alleys")
WHEREAS, on March 14, 2024, the DDA Board commissioned RVI Planning+Landscape
Architecture, Inc., to prepare plans and specifications for renovation of the Alleys;
WHEREAS, the City and DDA have formulated and agreed upon a basis of design, dated
November 2024, 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, which consists of seven (7) pages and is attached hereto and incorporated herein by this
reference as Exhibit B ("Basis of Design");
WHEREAS, the construction plans, entitled "Fort Collins Downtown Alleys-East
Mulberry Street Alley and Chestnut Street Alley," dated October 22, 2024, are currently at sixty
percent (60%) completion and will be brought to one hundred percent (I 00%) 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; 2024-25 IGA re Alley Improvement Project.Rev.JCL.12.04.24 3
EXHIBIT A TO RESOLUTION 2025-005
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, 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 Jong-term obligations relating to the Alley Enhancements;
WHEREAS, the DDA Board, on 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 board chair to execute it; and
WHEREAS, the City Council by adoption of this Resolution, has 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. 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 t)lereof, 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. 2024M25 IGA re Alley Improvement Project.Rev.JCL.12.04.24 4
EXHIBIT A TO RESOLUTION 2025-005
3.Construction of Alley Enhancements.
3.1 City Ap_proval of JOO% Comp_lete 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 DOA 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 ODA 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 ODA 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 I 8, 2008, the City agreed to provide competitive bidding
services to the ODA through the City's Purchasing Department. The contractor who
will be completing the Alley Enhancements, J-2 Contracting Company (the
"Contractor"), was selected in 2024 through a competitive sealed proposal bidding
process cooperatively managed by the DDA and the City's Purchasing Department.
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 indemnification provision in the Construction Contract shall extend
to both the DDA and the City, and the City shall be identified as a third-party
beneficiary of such contract for the limited purpose of enforcing such indemnification
obligation. The ODA shall be responsible for making all payments legally due to the
Contractor pursuant to the Construction Contract. The ODA 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 2024-25 IGA re Alley Improvement Project.Rev,JCL.12.04.24 5
EXHIBIT A TO RESOLUTION 2025-005
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 o[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.
3.9 Insurance. The DDA shall require that the Contractor obtain and maintain insurance
in customary industry amounts satisfactory to the DDA and the City, and both the
DDA and the City shall be added as additional insureds on such insurance policies.
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 Exhibit C, consisting of one
(1)page, attached hereto and incorporated herein by this reference (the "Scope of
Maintenance Obligations"). The parties acknowledge that reasonable adjustments to
the Scope of Maintenance Obligations 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.
4.3 Snow Removal. The DDA shall provide for snow removal from the ROW. 2024-25 IGA re Alley Improvement Project.Rev.JCL.12.04.24 6
EXHIBIT A TO RESOLUTION 2025-005
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.
(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 of2024-25 IGA re Alley Improvement ProjectRev.JCL.12.04.24 g
EXHIBIT A TO RESOLUTION 2025-005
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 DOA shall not acquire any property interest in or to the ROW pursuant
to or as a result of this IGA, nor shall the DOA 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 constructed within the ROW, which the parties acknowledge
does not include, by way of example and without limitation, the consolidated trash enclosures and
other fixtures constructed on adjacent private property, which shall be owned and operated by the
DOA.
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:
Ifto the ODA:
With a copy to:
If to the City:
The Fort Collins, Colorado,
Downtown Development Authority
Attn: Executive Director
19 Old Town Square, Suite 230
Fort Collins, CO 80524
Liley Law, LLC
Attn: Joshua C. Liley
2627 Redwing Road, Suite 342
Fort Collins, CO 80526
City of Fort Collins
Attn: Director oflnfrastructure Services/City Engineer
281 N. College Avenue
2024�25 IGA re Alley Improvement Projcct.Rev.JCL.12.04.24 9
With a copy to;
EXHIBIT A TO RESOLUTION 2025-005
Fort Collins, CO 80524;
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.
13.Remedies. In the event a party has defaulted in the performance of any of its
obligations under this IGA, the non-defaulting party shall give notice of such default to the
defaulting party and the defaulting party shall have a period of thirty (30) days within which to 2024-25 IGA re Alley Improvement ProjectRev.JCL.12.04.24 1 Q
EXHIBIT A TO RESOLUTION 2025-005
cure said default. In the event the default remains uncorrected, the party declaring default may
elect to (a) terminate the Agreement and seek damages; (b) require specific performance; or (c)
avail themselves of any other remedy at law or equity.
14.Counterparts. This IGA may be signed by the parties, electronically or otherwise, in
counterparts.
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:-------------Kelly DiMartino, City Manager
ATTEST:
Delynn Coldiron, City Clerk
APPROVED AS TO FORM:
Jenny Lopez Filkins, Senior Deputy City Attorney
2024�25 IGA re Alley ImprovcmentProject.Rev.JCL.12.04.24 11
ATTEST: Cheryl Zimlich, Secretary EXHIBIT A TO RESOLUTION 2025-005 FORT COLLINS, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY, a body corporate and politic By:-------------David Lingle, Chair 2024-25 IGA re Alley Improvement ProjectRev.JCL 12.04.24 12
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EXHIBITf!xft ltiif WTION 2025-005
Alley Depictions
BASIS OF DESIGN
EXHIBIT Ahfflt)iit,SN 2025-005
Alley Basis of Design
DOWNTOWN DSVE!..OPMENT AUTHORITY Downtown Alley Enhancements Basis of Design
PREPARED FOR:
PREPARED BY:
REVIEWED BY:
DATE:
Contents City of Fort Collins Keith Meyer, PE/Ditesco Todd Dangerfield/ODA Original February 2011 Updated: July 2017, November 2020, August 2022 November 2024 Background ....................................................................................................................... 1 Design Criteria and Applicability to Land Use Code ................................................. 2 Architectural Design ........................................................................................................ 2 Civil Engineering Design ................................................................................................ 3 Electrical Design ............................................................................................................... 5 Irrigation Design ............................................................................................................... 6 Background The purpose of this Basis of Design is to document the design and construction standards used by the Fort Collins Downtown Development Authority (DOA) to improve public right of way in various alleys throughout the City of Fort Collins downtown. Specifically, this document outlines and highlights the standards that are modified or altered from Larimer County Urban Area Street Standards (LCUASS) and other adopted standards in Fort Collins. This document further creates a foundation for all alley improvements contemplated under the Downtown Alley Masterplan, December 1, 2008. The Downtown Alley Enhancements improve public right of way but use a variety of architectural construction techniques not currently recognized by governing standards such as 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 ODA/City design and review teams with a clear understanding of mutual expectations from the outset of the design process. 2024 ALLEYS BASIS OF DESIGN
EXHIBIT A TO RESOLUTION 2025-005 DOWNTOWN ALLEY ENHANCEMENTS -BASIS OF DESIGN
Design Criteria and Applicability to Land Use Code The design criteria generally used to design and construct the Downtown Alley Enhancement projects are summarized below. As noted above, these are provided to better the understanding of improving the alley spaces allowing design flexibility to challenging utility and transportation corridors. Additional construction details are also provided in the Fort Collins Downtown Development Authority Downtown Alley Enhancement Standards. The Fort Collins DDA was created and established pursuant to Title 31, Article 25, Part 8, C.R.S. The DDA exists to leverage tax increment financing to improve public spaces and encourage redevelopment in the central business district. To allow much of what the DDA does in the downtown district to become reality, the City's Land Use Code (LUC) Section 5.1.2 Definitions, Development, Part (2)(a), notes the DDA is exempt from the definition of "development" for work it performs in the DDA district if improvements are agreed to in writing by the City. As such, since 2010, the DDA has participated in the City's capital project review process. This process has been similar to what internal City capital projects follow through engagement of each affected City department. Architectural Design The architectural design for the Downtown Alley Enhancements focuses on themes for eachalley improvement area drawing on adjacent land uses and architectural concepts. For 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 outdoor uses, inspiring redevelopment on adjacent private land, creating 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. The standards are outlined below in Table 1.
TABLE 1
Architectural Design Criteria
Category
Brick Paving
Flatwork
Site Furnishings
2024 ALLEYS BASIS OF DESIGN
Manufacturer or Item
Traffic rated system (Keystone/ Pavestone or
equal)
Paver bedding
Paver anchori ng sand
Architectural concrete (colored or sandscape
consistent with GID standards or other)
Benches or seating
2
Standard
Min. 3-1/8" paver, 7,000 psi
ASTM C33 sand -min 1" depth
Polymeric
Min. 6" thick; 4,000 psi
fibermesh optional
(pedestrian use only)
Powder Coated steel or custom
concrete
EXHIBIT A TO RESOLUTION 2025-005
TABLE 1
Architectural Design Criteria
Category Manufacturer or Item
Planter Pots
Custom shade structures or screens
Bollards
Landscape Plantings Low water use Grasses, Perennials in beds
Annuals in Hanging baskets and Pots
Columns
Art
Trees
Concrete Masonry Block w/ Brick Facing -
Robinson Brick or equal
Custom artwork designed by landscape
architect, architect or artist
Civil Engineering Design
DOWNTOWN ALLEY ENHANCEMENTS -BASIS OF DESIGN
Standard
Precast Concrete w/ irrigation
capability
Powder Coated Steel, Car-Ten or Carbon Steel
Steel or Stainless Steel with modified mounting detail
By landscape architect
By Parks Dept.
2" caliper (nominal)
Internal masonry block; reinforced with spread footing (IBC 2021 or latest version with
local amendments)
By professional 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 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 in Table 2 are indicative of urban design retrofit conditions where numerous design constraints exist. TABLE2
Civil Design Criteria
Category
Design Speed
Site Distance
Slope
2024 ALLEYS BASIS OF DESIGN
Manufacturer or Item
Vehicular
Stopping Sight Distance
Corner Sight Distance
Longitudinal Slope
3
Standard
< 20 mph
< 100-ft
0-ft (all stop condition)
Min. 0.50%; Max. 4.0%
EXHIBIT A TO RESOLUTION 2025-005
DOWNTOWN ALLEY ENHANCEMENTS -BASIS OF DESIGN
TABLE3
Electrical Design Criteria
Category
Light Fixture
Festoon Lights
Lighting Control
Lighting Panel
Meter Pedestal
Light Levels
Manufacturer or Item
Partial to Full Cut-off; Fixtures vary; LED
American Lighting, Primus or equal
Varies
Astronomical Clock
Central dimming controls in lighting cabinet
Custom built Hoffman enclosure or equal
Includes: Irrigation controller, lighting controls,
lighting panel, camera switch/POE
Approx. size-4'x6'x18"
City of Fort Collins Light and Power standards
None
Irrigation Design
Standard
Pedestrian Height-12'-16'
24" O.C., LED fixtures, Screw-in
type,14' Min Clearance
UL Listing for wet locations
Shatterproof lenses
Commercial grade
Integral motion sensing and
dimming at each fixture; infrared
control
NEMA 4 enclosure
Segregated wire tray; high voltage
Exterior meter socket and
disconnect, vented
Cold sequenced
Min. 1 ft-candle 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 are routinely modified and updated directly with Parks Department staff. General standards are provided below in Table 4.
TABLE4
Irrigation Design Criteria
Category
Governing Code
Design
Distribution
2024 AlLEYS BASIS OF DESIGN
Manufacturer or Item
National Plumbing Code (latest edition)
National Electric Code (NEC -latest edition)
Pressure/Flow (3/4" service)
Mainline Pipe
Lateral Pipe
Sleeving
Sleeving (across roadways/alleyways)
6
Standard
None
60 psi
10gpm
Class 200, SDR 21
SCH 40, pressure class 200
SCH 40 (UV resistant)
SCH 80
TABLE4
Irrigation Design Criteria
Category
Controller
Control Wire
Backflow Preventer
Drip emmitters
Tap
Meter Set
Curb Stop
Service Line
Valve Assembly
Planter Pot and Light
Pole Drip Lines
2024 ALLEYS BASIS OF DESIGN
EXHIBIT A TO RESOLUTION 2025-005
DOWNTOWN ALLEY ENHANCEMENTS -BASIS OF DESIGN
Manufacturer or Item
WeatherTrak, Hunter or Rainbird
Varies
FEBCO, Apollo or equal
Rainbird
City of Fort Collins Utility Standards
Meter by City of Fort Collins Utilities
Mueller or Ford
City of Fort Collins Utility Standards
Rainbird or equal
Rainbird or equal
7
Standard
ACC-99D (two wire)
14AWG
City of Fort Collins Standards
XCZ Series
Saddle tap with Mueller
Corporation valve
Current City standard
Current City standard
¾" Type K Copper
PESB
Rainbird LDQ 08-06 drip line