HomeMy WebLinkAbout118 - 09/03/2024 - MAKING SUPPLEMENTAL APPROPRIATIONS FROM GRANT REVENUE AND PRIOR YEAR RESERVES AND AUTHORIZING TRANSFORDINANCE NO.118,2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS FROM GRANT
REVENUE AND PRIOR YEAR RESERVES AND AUTHORIZING
TRANSFERS OF APPROPRIATIONS FOR THE LAPORTE
AVENUE MULTIMODAL IMPROVEMENT PROJECT AND
RELATED ART IN PUBLIC PLACES
A.Laporte Avenue between Fishback Avenue and Sunset Street is a two-lane
arterial roadway.The road experiences heavy bicycle and pedestrian traffic especially
with Poudre High School and many residential neighborhoods and businesses located in
this corridor.
B.The corridor has several gaps in multimodal transportation infrastructure.
Many locations lack sidewalks,curbs,and gutters,and the bike lanes are often narrow
and not well defined.
C.The Laporte Avenue projects are developed in three phases:1)the Bridges
and roadway work between Taft Hill Road and Frey Avenue (“Bridges”),2)installation of
pedestrian and bicycle side paths between Frey Avenue and Fishback Avenue (“East
Project”),and 3)installation of pedestrian and bicycle side paths between Sunset Street
and Taft Hill Road (“West Project”).Collectively the East Project and West Project
comprise the Laport Avenue Multimodal Improvement Project (the “Project”).
D.The initial Bridges phase of this work was completed in 2023 and replaced
two aging bridges in the corridor.The East Project began earlier in 2024 and is scheduled
to be completed later in August.The West Project is scheduled to begin in October once
property acquisition is complete.Construction was broken into East and West Projects to
accommodate the property acquisition schedule introducing some additional design cost.
E.The project delivery method for the East and West Projects is Construction
Manager/General Contractor (“CM/CC”).The chosen contractor held their proposed
pricing for the East Project despite a delay in beginning construction due to property
acquisition and the Colorado Department of Transportation (“CDOT”)approval.The
CM/CC has demonstrated by providing open book pricing and confirmed by an
independent cost estimate that price escalation has impacted many of the materials and
costs for the West Project.Construction cost inflation is confirmed by the CDOT Colorado
Construction Cost Index report showing an annual percentage increase in construction
costs of 8.03%.
F.Additionally,the cost to acquire real property for the West Project has been
significantly higher than was estimated.Increased acquisition costs result from 1)
significant escalation in property values during the process,2)increased use of
settlements to minimize delays in some acquisitions,and 3)increased consulting needs
(land appraisal and real estate services)resulting from updated COOT right-of-way
processes.
G.During this design effort,the City applied for and was awarded Fiscal Year
2027 Colorado Department of Transportation Highway Safety Improvement Program
(“HISP”)grant funds to install a Rectangular Rapid Flashing Beacon (“RRFB”)for
additional pedestrian and bicycle safety within the West Project limits at Impala Drive.
H.CDOT has agreed to provide the funding early so that the RRFB may be
included in the construction and has proposed an amendment to the existing CDOT
Intergovernmental Agreement (the “IGA”)to increase the total funds from $1,059,084 by
$509,617 to a new total funds amount of $1,568,701 and to update the funding provisions
exhibit of the IGA.
Savings from the Bridges ($517,000)can be reappropriated to the West
Project.Including the local match for the HSIP award ($335,454),it is estimated that an
additional $560,055 (including $49,500 in CDOT HSIP funds)is needed to complete
construction on the West Project.
J.Article V,Section 9 of the City Charter permits the City Council,upon
recommendation of the City Manager,to make a supplemental appropriation by ordinance
at any time during the fiscal year,provided that the total amount of such supplemental
appropriation,in combination with all previous appropriations for that fiscal year,do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
K.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 from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years,notwithstanding that such reserves
were not previously appropriated.
L.The 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,the Transportation Services fund,
and will not cause the total amount appropriated in the Transportation Capital Expansion
Fee fund or the Transportation Services fund to exceed the current estimate of actual and
anticipated revenues and all other funds to be received in these funds during this fiscal
year.
M.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.
N.The City Manager has recommended the transfer of $517,000 from the
Bridges project in the Capital Project fund to the Laporte Avenue Multimodal Improvement
Project in the Capital Projects fund and determined that the purpose for which the
transferred funds are to be expended remains unchanged.
0.Article V,Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project or for a federal,
state or private grant,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
or until the earlier of the expiration of the federal,state or private grant or the City’s
expenditure of all funds received from such grant.
P.The City Council wishes to designate the appropriation herein for the HSIP
grant as an appropriation that shall not lapse until the earlier of the expiration of the grant
or the City’s expenditure of all funds received from such grant.
Q.The City Council wishes to designate the appropriation herein for the
Laporte Avenue Multimodal Improvement Project as an appropriation that shall not lapse
until the completion of the Project.
R.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 (“APP”)program.
S.A portion of the funds appropriated in this Ordinance for the Project are
ineligible for use in the APP program due to restrictions placed on them by the Colorado
Department of Transportation,and the Transfer from the Bridges Project Budget as
previously appropriated with APP the source of these funds.
T.A portion of the funds appropriated in this Ordinance for the Project have
already been used for contribution to the APP program.
U.The project cost of $505,500 has been used to calculate the contribution to
the APP program.
V.The amount to be contributed in this Ordinance will be $5,055.
W.The appropriations in this Ordinance benefit public health,safety and
welfare of the residents of Fort Collins and serve the public purpose of improving
transportation infrastructure within the City.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.There is hereby appropriated from new revenue or other funds in the
Capital Projects fund the sum of FORTY-NINE THOUSAND FIVE HUNDRED DOLLARS
($49,500)to be expended in the Capital Projects fund for the Laporte Ave Multimodal
Project.
Section 2.The unexpended and unencumbered appropriated amount of FIVE
HUNDRED SEVENTEEN THOUSAND DOLLARS ($517,000)is authorized for transfer
from the Bridges Project in the Capital Projects fund to the Laporte Ave Multimodal Project
in the Capital Projects fund and appropriated therein to be expended for Laporte Ave
Multimodal Project.
Section 3.There is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee Fund the sum of THREE HUNDRED THIRTY-FIVE
THOUSAND FOUR HUNDRED FIFTY-FOUR DOLLARS ($335,454)to be expended in
the Transportation Capital Expansion Fee fund for transfer to the Capital Projects fund
and appropriated therein for the Laporte Ave Multimodal Project.
Section 4.There is hereby appropriated from prior year reserves in the
Transportation Services Fund the sum of ONE HUNDRED SEVENTY-FIVE THOUSAND
ONE HUNDRED ONE DOLLARS ($175,101)to be expended in the Transportation
Services fund for transfer to the Capital Projects fund and appropriated therein for the
Laporte Ave Multimodal Project.
Section 5.The unexpended and unencumbered appropriated amount of
THREE THOUSAND NINE HUNDRED FORTY-THREE DOLLARS ($3,943)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 6.The unexpended and unencumbered appropriated amount of ONE
THOUSAND ELEVEN DOLLARS ($1,011)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 7.The unexpended and unencumbered appropriated amount of ONE
HUNDRED ONE DOLLARS ($101)in the Capital Projects 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 8.The appropriation herein for the HISP grant is an appropriation that
shall not lapse until the earlier of the expiration of the grant or the City’s expenditure of all
funds received from such grant.
Section 9.The appropriation herein for the Laporte Avenue Multimodal
Improvement Project is an appropriation that shall not lapse until the completion of the
Project.
Introduced,considered favorably on first reading on August 20,2024,and
approved on second reading for final passage on September 3,2024.
ATTEST:
ityC k
Effective Date:September 13,2024
Approving Attorney:Heather N.Jarvis