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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 -I- 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 -2- 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. -3 - 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. -4- 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. 9L +iClerks Passed and adopted on final ATTEST: City Clerk