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HomeMy WebLinkAbout076 - 07/05/2022 - APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE VINE AND LEMAYORDINANCE 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% (Q 1 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
W1 IEREAS, 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 Facilitics Fund for a contribution to the Art in Public Places program
("API' 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 ($253,000) 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 21 st
day of June, A.D. 2022, and to be presented for final passage on the 5th day of July, A.D. 2022.
ME
Passed and adapted on final reading this 5th riav of 1111v
ATTEST:
City Clerk 4t
SEAL
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