HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/05/2022 - SECOND READING OF ORDINANCE NO. 076, 2022, APPROPR Agenda Item 6
Item # 6 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. 076, 2022, Appropriating Prior Year Re serves and Authorizing Transfers of
Appropriations for the Vine and Lemay BNSF Intersections Improvement 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 Vine/Lemay BNSF Intersection Improvements 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 of 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 fund ing becomes available will negatively impact other
transportation capital projects currently in the delivery pipeline. Staff recommends a total supplemental
appropriation of $2,142,260 to allow for completion of the Project as intended when construction co mmenced.
The total supplemental appropriation includes $1,380,000 in new funding plus $762,620 for traffic signals that
has yet to be appropriated. 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. 076, 2022 (PDF)
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. 076, 2022, Appropriating Prior Year Reserves and Authorizing Transfers of
Appropriations for the Vine and Lemay BNSF Intersections Improvement Project and Related Art in Public
Places.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate additional funding for the Vine/Lemay BNSF Intersection Improvements
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 of 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 a total supplemental appropriation of $2,142,260 to allow for completion of the Project as
intended when construction commenced. The total supplemental appropriation includes $1,380,000 in new
funding plus $762,620 for traffic signals that has yet to be appropriated. 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 is the City’s top transportation capital improvement project. The work includes construction of a new
road and intersection slightly east of the original Vine Drive and Lemay Avenue intersection and a new bridge
over the BNSF railway and existing Vine Drive. Primary construction began in April of 2021, with an accelerated
schedule. Construction of most infrastructure elements was completed in December 2021, and the roadway
opened several weeks ahead of schedule. Staff provided a memorandum updating Council of the project budget
in November 2021. (Attachment 1) As of January 2022, the primary remaining work for this project included
urban design elements, Art in Public Places, irrigation, landscaping, and work needed to complete the pedestrian
underpass (future northeast trail system) at the north end of the Project.
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 2, 3, and 4) The two most recent Colorado
Department of Transportation (CDOT) Colorado Construction Cost Index (CCI) 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 irrigation and landscape elements during this time. The delivery team
conducted a significant review of the irrigation and landscaping work to lower cost and increase value. Even
after this effort, the estimated cost for this work exceeded the identified budget by $570,000. The underpass
ATTACHMENT 1
COPY
Agenda Item 10
Item # 10 Page 2
completion also experienced significant cost overruns, due to its late inclusion in the design effort, coupled with
the accelerated schedule. Inflation also affected the underpass cost as the design and pricing were finalized
during the same period. Underpass costs exceeded the budget by roughly $790,000. The total amount needed
to complete the project is approximately $1,380,000, plus $762,620 for traffic signals to correct an administrative
error from an earlier appropriation.
Staff has identified two alternatives to reach project completion:
• Option 1: Delay the landscaping and irrigation scope of work items until additional funding can be secured.
This option would result in the project not meeting the identified project goals within the promised time frame,
would expose the remaining work to the likelihood of continued inflation of costs, and would 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.
Costs for three intersection signals for the Project (totaling $995,550) were to be funded by TCEF program
administration funds appropriated for arterial intersections in fiscal year 2021. Due to an administrative error,
$232,930 of this total was charged towards the administrative TCEF fund, leaving $762,620 to be appropriated
as part of fiscal year 2022. The appropriation for these remaining TCEF funds is included in the proposed
supplemental appropriation.
Figure 1 - Project Budget (Option 2)
CITY FINANCIAL IMPACTS
The following is a summary of the current and proposed funding appropriations for the Vine and Lemay BNSF
Intersection Improvements project.
Prior Appropriated Funds
General Fund $1,050,000
TCEF Fund $10,934,819
Transportation Fund $20,020
Special Revenue and Debt Services Funds $12,000,000
Total Prior Appropriation $24,004,839
Prior Transfer to Art in Public Places $240,048
Other Appropriated Funds
TCEF Fund (signals) $232,930
Conservation Trust Fund (underpass) $1,000,000
Keep Fort Collins Great Fund (bridge program) $1,373,240
Utilities (water) $850,000
CCIP Bicycle Pedestrian Grade Separated Crossing Fund $500,000
Total Other Appropriation $3,956,170
Prior Transfer to Art in Public Places $39,562
Project Funding Trans. Fund TCEF Gen. Fund CCIP - Project
Specific
Conserv.
Trust KFCG Utilities
Special
Revenue and
Debt
Services
CCIP -
Ped/Bike Gr.
Sep. Cr.
TOTAL Increase
Existing 20,020$ 10,934,819$ 1,050,000$ -$ -$ -$ -$ 12,000,000$ -$ 24,004,839$
Other -$ 232,930$ -$ -$ 1,000,000$ 1,373,240$ 850,000$ -$ 500,000$ 3,956,170$
Proposed -$ 427,500$ 427,500$ 283,000$ 242,000$ -$ -$ -$ -$ 1,380,000$
Other -$ 762,620$ -$ -$ -$ -$ -$ -$ -$ 762,620$
Total 20,020$ 11,595,249$ 1,477,500$ 283,000$ 1,242,000$ 1,373,240$ 850,000$ 12,000,000$ 500,000$ 30,103,629$
Vine/Lemay/BNSF
Intersection
Improvements
5%COPY
Agenda Item 10
Item # 10 Page 3
Funds to be Appropriated with this Action
TCEF Fund Reserves $427,500
TCEF Fund Reserves (signals) $762,620
General Fund Reserves $427,500
CCIP Fund Reserves $283,000
Conservation Trust Fund Reserves $242,000
Total Funds to be Appropriated per this Action $2,142,260
Transfer to Art in Public Place per this Action $21,423
Total Current Project Budget $30,103,269
Total Transfer to Art in Public Places $301,033
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 5) Prior to construction, the
Project was presented to several boards and commissions including Council, Council Finance Committee,
Downtown Development Authority Board, and Transportation Board.
PUBLIC OUTREACH
Prior to and during construction the Project has been presented at numerous public outreach events beginning
in 2016, including open house events held in 2016, 2017, and 2019.
ATTACHMENTS
1. Memorandum to Council, November 3, 2021 (PDF)
2. Engineering News Record, Construction Cost Index History – As of June 2022 (PDF)
3. Engineering News Record, City Cost Index – Denver – As of May 2022 (PDF)
4. Colorado Construction Cost Index Report (PDF)
5. Council Finance Committee Minutes (draft) (PDF) COPY
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ORDINANCE NO. 076, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING TRANSFERS OF
APPROPRIATIONS FOR THE VINE AND LEMAY BNSF INTERSECTIONS
IMPROVEMENT PROJECT AND RELATED ART IN PUBLIC PLACES
WHEREAS, the Vine and Lemay BNSF Intersections Improvement Project (the “Project”)
is the City’s top transportation capital improvement project and includes construction of a new
road and intersection slightly east of the original Vine Drive and Lemay Avenue intersection, as
well as a new bridge over the BNSF railway and existing Vine Drive; and
WHEREAS, primary construction of the Project began pursuant to an accelerated schedule
in April of 2021, and most infrastructure elements were completed in December 2021, resulting in
the roadway opening several weeks ahead of schedule; and
WHEREAS, as of January 2022, the primary remaining work for this project included
urban design elements, Art in Public Places, irrigation, landscaping, and work needed to complete
the pedestrian underpass (future northeast trail system) at the north end of the Project; 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 irrigation and landscape elements during this time; and
WHEREAS, despite considerable effort to lower costs and increase value by reviewing
irrigation and landscaping elements of the Project, the estimated cost for this work exceeded the
identified budget by $570,000; and
WHEREAS, construction of the underpass also experienced significant cost overruns due
to its late inclusion in the design effort, coupled with the accelerated schedule; and
WHEREAS, inflation also adversely affected construction costs of the underpass as the
design and pricing were finalized during the same period, resulting in construction costs exceeding
the budget by approximately $790,000; and
WHEREAS, City staff has identified two alternatives to reach Project completion; and
WHEREAS, the first option would be to delay the landscaping and irrigation scope of work
items until additional funding can be secured; and
WHEREAS, the second option would be to secure supplemental appropriation at this time
in the amount of $1,380,000 to meet the Project requirements; and
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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
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, costs for three intersection signals for the Project (totaling $995,550) were to
be funded by Transportation Capital Expansion Fee program administration funds appropriated
for arterial intersections in fiscal year 2021; however, due to an administrative error, $232,930 of
this total was charged towards the administrative TCEF fund, leaving $762,620 to be appropriated
as part of fiscal year 2022, which is also included in the supplemental appropriation in this
Ordinance; 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
(“APP Program”); and
WHEREAS, the total project cost of $30,103,269 includes a prior appropriation of
$27,961,009 completed in the 2021 Budget, and the total project cost has been used to calculate
the contribution to the APP Program; and
WHEREAS, a contribution to the APP program in the amount of $279,610 was included
in the 2021 Budget; therefore, the amount to be contributed to the APP Program by this Ordinance
will be $21,423; 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 Transportation Capital Expansion Fee Fund, General Fund, Community Capital Improvement
Program Fund, and the Conservation Trust Fund, as applicable, and will not cause the total amount
appropriated in Transportation Capital Expansion Fee Fund, General Fund, Community Capital
Improvement Program Fund, and the Conservation Trust Fund, as applicable, 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
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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 $21,423 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
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
Transportation Capital Expansion Fee Fund the sum of ONE MILLION ONE HUNDRED
NINETY THOUSAND ONE HUNDRED TWENTY DOLLARS ($1,190,120) to be expended in
the Transportation Capital Expansion Fee Fund for transfer to the Capital Projects Fund for the
Vine and Lemay BNSF Intersection Improvements project and appropriated therein.
Section 2. That there is hereby appropriated from prior year reserves in the General
Fund the sum of FOUR HUNDRED TWENTY-SEVEN THOUSAND FIVE HUNDRED
DOLLARS ($427,500) to be expended in the General Fund for transfer to the Capital Projects
Fund for the Vine and Lemay BNSF Intersection Improvements project and appropriated therein.
Section 5. That there is hereby appropriated from prior year reserves in the Community
Capital Improvement Program Fund the sum of TWO HUNDRED EIGHTY-THREE
THOUSAND DOLLARS ($283,000) to be expended in the Community Capital Improvement
Program Fund for transfer to the Capital Projects Fund for the Vine and Lemay BNSF Intersection
Improvements project and appropriated therein.
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Section 6. That there is hereby appropriated from prior year reserves in the
Conservation Trust Fund the sum of TWO HUNDRED FORTY-TWO THOUSAND DOLLARS
($242,000) to be expended in the Conservation Trust Fund for transfer to the Capital Projects Fund
for the Vine and Lemay BNSF Intersection Improvements project and appropriated therein.
Section 7. That the unexpended and unencumbered appropriated amount of SIXTEEN
THOUSAND SEVEN HUNDRED TEN DOLLARS ($16,710) 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 8. That the unexpended and unencumbered appropriated amount of FOUR
THOUSAND TWO HUNDRED EIGHTY-FIVE DOLLARS ($4,285) in the Capital Projects
Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund and appropriated
and expended therein for the operation costs of the APP Program.
Section 9. That the unexpended and unencumbered appropriated amount of FOUR
HUNDRED TWENTY-EIGHT DOLLARS ($428) in the Capital Project Fund is hereby
authorized for transfer to the Cultural Services and Facilities Fund and appropriated and expended
therein for the maintenance costs of the APP Program.
Section 10. That the appropriation herein for the Vine and Lemay BNSF Intersection
Improvements 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
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Passed and adopted on final reading this 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk