HomeMy WebLinkAbout075 - 07/05/2022 - APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE SOUTH TIMBERLIORDINANCE NO. 075, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND MAKING SUPPLEMENTAL
APPROPRIATIONS AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE
SOUTH TIMBERLINE CORRIDOR AND
RELATED ART IN PUBLIC PLACES
WHEREAS, the South Timberline Corridor Project (the "Project") is part of the City's
Master Street Plan and was approved by City Council to reduce congestion, improve safety, and
enhance bicycle and pedestrian facilities along the corridor between Stetson Creek Road and
Zephyr Road; and
WHEREAS, the Project includes construction of a combination of buffered bike lanes and
a raised multi -use path, new sidewalks, multimodal intersection improvements at two
intersections, and the Mail Creek Trail underpass with connections to Timberline Road and the
future Mail Creek Trail; and
WHEREAS, construction of this Project was set for two phases; and
WHEREAS, Phase 1, which began in December 2021 and is expected to reach final
conclusion during June 2022, included the construction of structural road elements and box
culverts for the Mail Creek Ditch and the Mail Creek Trail underpass; and
WHEREAS, Phase 2 work includes construction of all remaining corridor improvements;
and
WHEREAS, Phase 2 was funded in part by a Surface Transportation Block Grant from the
North Front Range Metropolitan Planning Organization that is administered by the Colorado
Department of Transportation ("CDOT"); and
WHEREAS, the Grant requires formal concurrence from CDOT before the City can
advertise the construction contract, but said concurrence was not granted until February of 2022;
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% (Q 1 2022); and
WHEREAS, these inflationary pressures impacted the Project as bids were received in
March 2022, increasing costs for most unit price work items and resulting in the lowest responsible
bid exceeding the project budget by approximately $2,148,000; and
WHEREAS, City staff has identified three options to reach project completion; and
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WHEREAS, the first option would be to remove elements from the Project design, such as
removal of City -owned landscaping elements (estimated reduction of costs by $550,000) and
removal of new traffic signal improvements at Kechter Road (estimated reduction of costs by
$520,000), although the existing signal at Kechter Road ultimately will need to be replaced in the
future to address shortcomings; and
WHEREAS, the second option would be to delay non -essential scope of work items until
additional funding can be secured; and
WHEREAS, the third option would be to secure supplemental appropriation totaling
$2,148,000 at this time to meet the Project requirements; and
WHEREAS, staff has recommended that Council make a supplemental appropriation at
this time because the first and second options 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 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
("APP Program"); and
WHEREAS, a portion of the funds appropriated in this Ordinance for the South Timberline
Corridor Project are ineligible for use in the APP Program due to restrictions placed on them by
the Surface Transportation Block Grant administered by the Colorado Department of
Transportation; and
WHEREAS, the total project cost of $10,738,808 includes a prior appropriation of
$8,406,038 completed in the 2019-20 Budget, and the total project cost (excluding an
administrative error of $762,620 and the Surface Transportation Block Grant of $2,694,602) has
been used to calculate the contribution to the APP program; and
WHEREAS, a contribution to the APP program in the amount of $23,930 was included in
the prior appropriation; therefore, the amount to be contributed to the APP Program in this
Ordinance will be $23,328; 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
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WIIEREAS, 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, Transportation Fund, and the
Community Capital Improvement Program Fund, as applicable, and will not cause the total amount
appropriated in the Transportation Capital Expansion Fee Fund, General Fund, Transportation
Fund, and the Community Capital Improvement Program 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
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 $23,328 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, the Interim City Manager has recommended the appropriation described
herein and determined that this appropriation is available and previously unappropriated from the
Transportation Services Fund and will not cause the total amount appropriated in the
Transportation Services Fund to exceed the current estimate of actual and anticipated revenues and
all other funds to be received in this Fund during this fiscal year; 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 new revenue or other funds in the
Transportation Services Fund the sum of ONE HUNDRED EIGHTY-FOUR THOUSAND
SEVEN HUNDRED SEVENTY DOLLARS ($184,770) to be expended in the Transportation
Fund for transfer to the Capital Projects Fund for the Timberline South Corridor project and
appropriated therein.
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Section 3. That there is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee Fund the sum of SEVEN HUNDRED SEVENTY-FOUR
THOUSAND DOLLARS ($774,000) to be expended in the Transportation Capital Expansion Fee
Fund for transfer to the Capital Projects Fund for the Timberline South Corridor project and
appropriated therein.
Section 4. That there is hereby appropriated from prior year reserves in the General
Fund the sum of SEVEN HUNDRED SEVENTY-FOUR THOUSAND DOLLARS ($774,000) to
be expended in the General Fund for transfer to the Capital Projects Fund for the Timberline South
Corridor project and appropriated therein.
Section 5. That there is hereby appropriated from prior year reserves in the
Transportation Fund the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000) to be
expended in the Transportation Fund for transfer to the Capital Projects Fund for the Timberline
South Corridor project and appropriated therein.
Section 6. That there is hereby appropriated from prior year reserves in the Community
Capital Improvement Program Fund the sum of FOUR HUNDRED THOUSAND DOLLARS
($400,000) to be expended in the Community Capital Improvement Program Fund for transfer to
the Capital Projects Fund for the Timberline South Corridor project and appropriated therein.
Section 7. That the unexpended and unencumbered appropriated amount of
EIGHTEEN THOUSAND ONE HUNDRED NINETY-SIX DOLLARS ($18,196) 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 SIX HUNDRED SIXTY-FIVE DOLLARS ($4,665) 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 9. That the unexpended and unencumbered appropriated amount of FOUR
HUNDRED SIXTY-SEVEN DOLLARS ($467) in the Capital Project 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 10. That the appropriation herein for the Timberline South Corridor 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.
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Introduced, considered favorably on first reading and ordered publis ed this 21 st day of
June, A.D. 2022, and to be presented for final passage on the A day of JuX, 1k.D. 2022.
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+iClerks
Passed and adopted on final
ATTEST:
City Clerk