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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/05/2022 - SECOND READING OF ORDINANCE NO. 074, 2022, APPROPR Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY July 5, 2022 City Council STAFF Dana Hornkohl, Capital Projects Manager Brad Buckman, Manager, Civil Engineering Aaron Guin, Legal SUBJECT Second Reading of Ordinance No. 074, 2022, Appropriating Prior Year Re serves and Authorizing Transfers of Appropriations for the Linden Street Renovation Project and Related Art in Public Places. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on June 21, 2022, appropriates additional funding for the Linden Street Renovation project (the “Project”). The Project is experiencing inflationary pressures and the cost to complete the work now exceeds the appropriated budget requiring either : (1) delay final delivery of the Project; and/or (2) securing additional funds to complete the Project. To reduce the scope of the Project means delivering a project that fails to meet established City standards for urban design and landscaping. To delay final delivery until funding becomes available will negatively impact other transportation capital projects currently in the delivery pipeline. Staff recommends supplemental appropriation of $500,000 to allow for completion of the Project as intended when construction commenced. This request is being made to Council now to avoid additional negative cost impacts due to potentially pausing and restarting an active construction project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, June 21, 2022 (w/o attachments) (PDF) 2. Ordinance No. 074, 2022 (PDF) Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY June 21, 2022 City Council STAFF Dana Hornkohl, Capital Projects Manager Brad Buckman, Manager, Civil Engineering Aaron Guin, Legal SUBJECT First Reading of Ordinance No. 074, 2022, Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the Linden Street Renovation Project and Related Art in Public Places. EXECUTIVE SUMMARY The purpose of this item is to appropriate additional funding for the Linden Street Renovation project (the “Project”). The Project is experiencing inflationary pressures and the cost to complete the work now exceeds the appropriated budget requiring either: (1) delay final delivery of the Project; and/or (2) securing additional funds to complete the Project. To reduce the scope of the Project means delivering a project that fails to meet established City standards for urban design and landscaping. To delay final delivery until funding becomes available will negatively impact other transportation capital projects currently in the delivery pipeline. Staff recommends supplemental appropriation of $500,000 to allow for completion of the Project as intended when construction commenced. This request is being made to Council now to avoid additional negative cost impacts due to potentially pausing and restarting an active construction project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Project will transform Linden Street between Jefferson and Walnut Streets into a “convertible street” – a roadway that can be closed to vehicular and bicycle traffic and transformed into a pedestrian gathering space during specialty events. Construction originally was planned for 2020, with the entire project to be built at once. Due to the onset of the COVID-19 pandemic, construction was postponed and broken into two phases to minimize impacts to the businesses within the footprint of the project. Phase 1 of construction was completed in 2021. Phase 2 of construction began in February of this year and completion is anticipated in July. Staff anticipated that splitting the project into two phases would result in increased mobilization and oversight costs. An additional $400,000 was appropriated via a 2022 Budget for Outcomes offer to address this cost increase. Beginning in the Summer of 2021, the nation, the State of Colorado, and the northern Colorado region began experiencing significant inflation in construction costs (Attachments 1, 2, and 3). The two most recent Colorado Department of Transportation Colorado Construction Cost Index reports indicate annual percentage changes of 17.45% (Q4 2021) and 31.79% (Q1 2022). These inflationary pressures impacted the Project as pricing was being finalized for Phase 2 construction in the Fall of 2021. Price increases for many unit price work items led to an increase of approximately $500,000 to deliver the identified scope of work. ATTACHMENT 1 COPY Agenda Item 8 Item # 8 Page 2 Staff has identified two alternatives to reach project completion: • Option 1: Delay non-essential scope of work items until additional funding can be secured. Specifically, the temporary scope reduction likely would include delays in construction of landscaping, irrigation, seat wall caps, and outdoor furniture. This option, however, would result in the project not meeting the identified project goals within the promised time frame, expose the remaining work to the likelihood of continued inflation of costs, and negatively impact the schedule and budgets for other transportation capital projects in the design, acquisition, and construction pipeline. • Option 2: Secure supplemental appropriation to complete the identified scope of work on schedule. Figure 1 - Project Budget (Option 2) CITY FINANCIAL IMPACTS The following is a summary of the current and proposed funding appropriations for the Linden Street Renovation project. Prior Appropriated Funds CCIP Fund (2019-2020 BFO Offer 1.10), 2019 $563,000 CCIP Fund (2019-2020 BFO Offer 1.10), 2020 $2,898,000 CCIP Fund (2019-2020 BFO Offer 1.10), 2022 $400,000 Total Prior Appropriation $3,861,000 Prior Transfer to Art in Public Places $38,610 Funds to be Appropriated with this Action CCIP Fund Reserves $500,000 Total Funds to be Appropriated per this Action $500,000 Transfer to Art in Public Places per this Action $5,000 Total Current Project Budget $4,361,000 Total Transfer to Art in Public Places $43,610 BOARD / COMMISSION RECOMMENDATION Staff presented this request for supplemental appropriation for the Project to the Council Finance Committee on June 2, 2022, receiving a recommendation from the Committee (Attachment 4). Prior to construction, the Project was presented to several boards and commissions including Council, Council Finance Committee, Downtown Development Authority Board, and Transportation Board. Minutes from previous Board and Commission meetings were attached to earlier City Council agenda items and updates regarding this Project. PUBLIC OUTREACH Prior to and during construction the Project has been presented at numerous public outreach events beginning in 2019, including an open house held in December of 2021. Project Funding TCEF CCIP - Project Specific TOTAL Increase Existing 400,000$ 3,461,000$ 3,861,000$ Proposed -$ 500,000$ 500,000$ Total 400,000$ 3,961,000$ 4,361,000$ Linden Street Renovation 13%COPY Agenda Item 8 Item # 8 Page 3 ATTACHMENTS 1. Engineering News Record, Construction Cost Index History – As of June 2022 (PDF) 2. Engineering News Record, City Cost Index – Denver – As of May 2022 (PDF) 3. Colorado Construction Cost Index Report (PDF) 4. Council Finance Committee Minutes (draft) (PDF) COPY -1- ORDINANCE NO. 074, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE LINDEN STEET RENOVATION PROJECT AND RELATED ART IN PUBLIC PLACES WHEREAS, the Linden Street Renovation Project (the “Project”) was approved by City Council to transform Linden Street between Jefferson and Walnut Streets into a “convertible street” – a roadway that can be closed to vehicular and bicycle traffic and transformed into a pedestrian gathering space during specialty events; and WHEREAS, construction of this Project originally was planned to begin in 2020, with the entire Project to be built at once; and WHEREAS, due to the onset of the COVID-19 pandemic, construction was postponed and broken into two phases to minimize impacts to the businesses within the footprint of the project; and WHEREAS, Phase 1 of the Project’s construction was completed in 2021, and Phase 2 of construction began in February of this year, with completion anticipated in July; and WHEREAS, City staff anticipated that splitting the project into two phases would result in increased mobilization and oversight costs; accordingly, an additional $400,000 was appropriated via a 2022 Budget for Outcomes offer to address this increase; and WHEREAS, beginning in the Summer of 2021, the nation, the State of Colorado, and the northern Colorado region began experiencing significant inflation in construction costs, reflected in the two most recent Colorado Department of Transportation Colorado Construction Cost Index reports, indicating annual percentage changes of 17.45% (Q4 2021) and 31.79% (Q1 2022); and WHEREAS, these inflationary pressures impacted the Project as pricing was being finalized for Phase 2 of construction in the Fall of 2021, resulting in price increases for many unit price work items and an increase in overall costs of approximately $500,000 to deliver the identified scope of work; and WHEREAS, City staff has identified two options to reach project completion; and WHEREAS, the first option would be to delay non-essential scope of work items until additional funding can be secured by delaying construction of landscaping, irrigation, seat wall caps, and outdoor furniture; and WHEREAS, the second option would be to secure supplemental appropriation totaling $500,000 at this time to meet the Project requirements; and WHEREAS, approving a supplemental appropriation at this time is preferred because the first option would result in the project not meeting the identified project goals within the promised -2- time frame, it would expose the remaining work to the likelihood of continued inflation of costs, and it would negatively impact the schedule and budgets for other transportation capital projects in the design, acquisition, and construction pipeline; and WHEREAS, this appropriation benefits the public health, safety, and welfare of the residents of Fort Collins and serves the public purpose of improving transportation infrastructure within the City; and WHEREAS, this Project involves construction estimated to cost more than $250,000 and, as such, City Code Section 23-304 requires one percent of these appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places program (the “APP Program”); and WHEREAS, the total project cost of $4,361,000 includes a prior appropriation of $3,861,000 completed in the 2019-20 Budget, and the total project cost has been used to calculate the required contribution to the APP program; and WHEREAS, a contribution to the APP program in the amount of $38,610 was included in the 2019-20 Budget; therefore, the amount to be contributed to the APP Program by this Ordinance will be $5,000; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the recommendation of the City Manager, to make supplemental appropriations by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the Interim City Manager has recommended the appropriations described herein and determined that these appropriations are available and previously unappropriated from the Community Capital Improvement Project Fund, and will not cause the total amount appropriated in the Community Capital Improvement Program Fun, to exceed the current estimate of actual and anticipated revenues and all other funds to be received in these funds during this fiscal year; and WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council, upon recommendation by the City Manager, to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged, the purpose for which the funds were initially appropriated no longer exists, or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, the Interim City Manager has recommended the transfer of $5,000 from the Capital Projects Fund to the Cultural Services & Facilities Fund and determined that the purpose for which the transferred funds are to be expended remains unchanged; and -3- WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for a capital project that such appropriation shall not lapse at the end of the fiscal year in which the appropriation is made but continue until the completion of the capital project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the Community Capital Improvement Program Fund the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000) to be expended in the Community Capital Improvement Program Fund for transfer to the Capital Projects Fund for the Linden Street Renovation project and appropriated therein. Section 3. That the unexpended and unencumbered appropriated amount THREE THOUSAND NINE HUNDRED DOLLARS ($3,900) in the Capital Projects Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund and appropriated and expended therein to fund art projects under the APP Program. Section 4. That the unexpended and unencumbered appropriated amount of ONE THOUSAND DOLLARS ($1,000) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated and expended therein for the operation costs of the APP Program. Section 5. That the unexpended and unencumbered appropriated amount of ONE HUNDRED DOLLARS ($100) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated and expended therein for the maintenance costs of the APP Program. Section 6. That the appropriation herein for the Linden Street Renovation project is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue until the completion of the project. Introduced, considered favorably on first reading and ordered published this 21st day of June, A.D. 2022, and to be presented for final passage on the 5th day of July, A.D. 2022. Mayor ATTEST: City Clerk -4- Passed and adopted on final reading this 5th day of July, A.D. 2022. Mayor ATTEST: City Clerk