HomeMy WebLinkAbout2018-042-05/01/2018-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE RESOLUTION 2018-042
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 OLD FIREHOUSE
ALLEY/SECKNER ALLEY,AND WEST MOUNTAIN 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, 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, on December 14, 2017, the DDA Board approved the redevelopment of Old
Firehouse Alley/Seckner Alley and West Mountain Alley in 2018; and
WHEREAS, on May 25, 2017, the DDA Board, commissioned R+M to prepare plans and
specifications for renovation of the Alleys, which drawings entitled "Fort Collins Downtown
Alleys Enhancements—Old Firehouse Alley/Seckner.Alley and West Mountain Alley" and dated
-1-
March 9, 2018, are on file in the offices of the DDA and with the Engineering Department of the
City (the "Construction Plans" or"Alley Enhancements"); 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 (the "Alley Enhancement
Project') is consistent with and in furtherance of the Downtown Plan; and
WHEREAS, Article I1, 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
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;
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, the City and the DDA 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; 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:
Section 1. That the City Council hereby makes any and all determinations and findings
contained in the recitals set forth above.
-2-
Section 2. That the City Manager is hereby authorized to execute the
Intergovernmental Agreement Regarding The Renovation And Redevelopment Of Old Firehouse
Alley/Seckner Alley And West Mountain 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 1 st
day of May, A.D. 2018.
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EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
REGARDING THE RENOVATION AND REDEVELOPMENT
OF OLD FIREHOUSE ALLEY/SECKNER ALLEY AND WEST MOUNTAIN ALLEY
This INTERGOVERNMENTAL AGREEMENT REGARDING THE RENOVATION
AND REDEVELOPMENT OF OLD FIREHOUSE ALLEY/SECKNER ALLEY AND WEST
MOUNTAIN ALLEY ("IGA") is made and executed this day of ,
2018 , 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
IGA.2018 Alley Improvements FINAL CLEAN_04. 18. 18 1
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-
02E 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 , 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;
WHEREAS , on December 14, 2017 , the DDA Board approved the redevelopment of Old
Firehouse Alley/Seckner Alley and West Mountain Alley as depicted on Exhibits A- 1 and A-2
(the "Alleys") in 2018 ;
WHEREAS , on May 25 , 2017, the DDA Board, commissioned R+M to prepare plans and
specifications for renovation of the Alleys, which drawings entitled "Fort Collins Downtown
Alleys Enhancements — Old Firehouse Alley/Seckner Alley and West Mountain Alley" and dated
March 9, 2018 , are 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 City and DDA have formulated and agreed upon a basis of design to
clarify design expectations for redevelopment of the Alleys and 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.2018 Alley Improvements FINAL CL.EAN_04. 18. 18 7
WHEREAS , the Alley Enhancements were designed in accordance with the Basis of
Design and current Larimer County Urban Area Street Standards and the plans for the Alley
Enhancements have been reviewed and approved by the City;
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 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
contributing General Improvement District funds to said 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 ;
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 chairperson to execute it; and
WHEREAS , the City Council, on , 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 :
IGA.2018 Alley Improvements FINAL CLEAN_04. 18. 18 3
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 Proiect. The DDA
acknowledges that the City paid to the DDA on January 24, 2018 , the sum of Three
Hundred Fifty Thousand Dollars ($350,000) in 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 .
3 . Construction of Alley Enhancements .
3 . 1 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 . 2 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
IGA.2018 Alley Improvements FINAL CLEAN_04. 18. 18
"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 . 3 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 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 .4 Construction Engineer and Management. The DDA agrees to contract with a
professional engineering company to serve as project engineer and construction
manager for the Alley Enhancement Project. The parties acknowledge that the DDA
has contracted with Ditesco, LLC , to provide such services .
3 . 5 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 . 6 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 within thirty (30) days of completion
of the Alley Enhancement Project .
3 .7 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 :
IGA.2018 Alley Improvements FINAL CLEAN_04. 18. 18 5
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 .
4 . 3 Snow Removal. The DDA shall provide for snow removal from the ROW .
4A Utility Costs Related to Alley Enhancements. The Construction Plans call for
installation of the water and electrical meters identified on Exhibit "D," attached
hereto and incorporated herein (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 ;
IGA.2018 Alley Improvements FINAL CLEAN_04. 18. 18 6
(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-PartyCompensation. 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.
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
IGA.2018 Alley Improvements FINAL CLEAN_04. 18. 18 7
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 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
IGA.2018 Alley Improvements FINAL CLEAN_04. 18. 18 8
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 : Lucia A. Liley, Esq.
419 Canyon Avenie, Suite 220
Fort Collins, CO 80521
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.
IGA.2018 Alley Improvements FINAL CLEAN_04. 18. 18 9
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.
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
IGA.2018 Alley Improvements FINAL CLEAN_04. 18. 18 10
THE FORT COLLINS , COLORADO,
DOWNTOWN DEVELOPMENT
AUTHORITY, a body corporate and politic
By:
Justin Larson, Chairperson
ATTEST:
Cheryl Zimlich, Secretary
IGA.2018 Alley Improvements FINAL CLEAN_04. 18. 18 1 1
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EXHIBIT B
TECHNICAL MEMORANDUM
Downtown Alley Enhancements
West Mountain and Old Fire House Alleys
Basis of Design
PREPARED FOR: City of Fort Collins
PREPARED BY: Keith Meyer/ Ditesco
Craig Russell/ Russell + Mills Studios
REVIEWED BY: Todd Dangerfield/ DDA
DATE: July 12, 2017
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. This basis of design follows on that
methodology and is specifically written for the 2018 Alley Enhancements which includes
West Mountain Alley (bounded by Oak Street, Mountain Avenue and Mason Street) and
Old Fire House Alley (bounded by Walnut Street, Linden Street and Chesnut Street) . 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.
2017-07-12 2018 ALLEYS BASIS OF DESIGN 1
DOWNTOWN ALLEY ENHANCEMENTS - BASIS OF DESIGN
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
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) Min. 3-1 /8" paver, 7,000 psi
Paver bedding ASTM C33 sand — min 1 " depth
Paver anchoring sand Polymeric
Architectural concrete (colored or other) Min. 6" thick; 4,000 psi
fibermesh (pedestrian use only)
Site Furnishings Benches or seating Powder Coated Steel or custom
concrete
Planter Pots Precast Concrete w/ irrigation
capability
Custom shade structures or screens Powder Coated Steel , Cor-Ten or
Carbon Steel
Bollards Steel or Cast Aluminum with
modified mounting detail
Landscape Plantings Low water use Grasses, Perennials in beds None
Annuals in Hanging baskets and Pots None
Trees None
Columns Concrete Masonry Block w/ Brick Facing — Internal masonry block; reinforced
Robinson Brick or equal with spread footing
(IBC 2012 or latest version)
Civil Design Narrative
2017-07-12_2018 ALLEYS BASIS OF DESIGN 2
DOWNTOWN ALLEY ENHANCEMENTS - BASIS OF DESIGN
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 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 100-ft
Comer Sight Distance 0-ft (all stop condition)
Slope Longitudinal Slope Min . 0. 5%; Max. 4 . 0%
Max. grade break without vertical curve 1 %
Min. vertical curve length 50-ft
Min. cross slope 1 %
Max. cross slope 4%
Max. cross slope for sidewalks (pedestrian use) 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 under paving system if concrete is not Min. 18" CDOT CL 5 or 6 ABC
Subbase used
Concrete Paving Traffic — beneath brick paving system Min. 5" thick, 4,000 psi
Pedestrian concrete (colored or other) Min. 6" thick; 4,000 psi
fibermesh
Structural Concrete Foundation support (light poles, columns, other Min . 3, 500 psi
as needed) mild reinforcement
Drainage Maintain historical drainage patterns Match existing conditions
New subsurface system (if needed) 10 year design storm
(developed condition if known)
Detention None
Water quality None. Match existing conditions.
Drain Pan 1 " per 12" of pan width
(as applicable)
2017-07-12-2018 ALLEYS BASIS OF DESIGN 3
DOWNTOWN ALLEY ENHANCEMENTS — BASIS OF DESIGN
TABLE 2
Civil Design Criteria
Item Criteria Value
Traffic Traffic flow and distribution Maintain existing conditions
close alleys to vehicular traffic
where applicable
Travel way Min . 10-ft
Utilities Electric bury depth (primary and secondary) Min . 2-ft
Electric vertical separation to other utilities Min. 0"
Conduit SCH 40 per Light and Power
standards
Storm Drainage Pipe RCP CL III or IV
Storm Pipe (shallow bury) DIP CL 350 (encased)
Storm bury depth Min . 1 -ft
Storm vertical separation to other utilities Min. 0"
Sewer Pipe SDR 35
Sewer bury depth Min . 4. 5-ft
Sewer vertical separation 18" (encased if over water)
Water Pipe DIP CL 350; C900 DR 14 or 18
Water bury depth 4. 5-ft
Water vertical separation 18"
Horizontal separation (all utilities) 0-ft Qoint trench conditions)
Dry utilities (private) Per private standards
Xcel Energy
Comcast
Qwest
Other
Trench Backfill (all utilities in public right of way) 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
2017-07-12 2018 ALLEYS BASIS OF DESIGN d
DOWNTOWN ALLEY ENHANCEMENTS - BASIS OF DESIGN
Item Criteria Value
Governing Code National Electric Code (latest edition) None
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-offNehicle Impact Pedestrian Height — 12'-16'
Considerations — Steel or Cast Iron or Aluminum
String Lights Optiled Festival H12 or equal ; 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) None
National Electric Code (NEC — latest edition)
Design Pressure/Flow (3/4" service) 60 psi
10 gpm
Distribution Mainline Pipe Class 200, SDR 21
Lateral Pipe SCH 40, pressure class 200
Sleeving SCH 40 (UV resistant)
Sleeving (across roadways/alleyways) 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
Meter Set Meter by City of Fort Collins Utilities Current city standard
2017-07-12 2018 ALLEYS BASIS OF DESIGN 5
DOWNTOWN ALLEY ENHANCEMENTS - BASIS OF DESIGN
TABLE 4
Irrigation Design Criteria
Item Criteria Value
Curb Stop Mueller or Ford Current city standard
Service Line City of Fort Collins Utility Standards %" Type K Copper
2017-07-12_2018 ALLEYS BASIS OF DESIGN 6
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.
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