COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 091040

Estimating revenue in the Capital Improvements Fund in the amount of $7,215,040.00; appropriating $7,215,040.00 to the Bruce Forrester Viaduct Replacement Over Mulberry St., Santa Fe St. and Union Pacific Railroad; authorizing a $9,648,680.00 contract with Radmacher Brothers Excavating Co., Inc.; authorizing the City Manager to amend and increase the contract by up to $964,868.00 without further City Council approval; authorizing the City Manager to expend $10,613,548.00 for the contract; approving project management costs for up to $1,344,388.00; and recognizing an emergency.

WHEREAS, the Bruce Forrester Viaduct has been determined to be structurally deficient; and

WHEREAS, this project will replace the Bruce Forrester Viaduct with a new steel plate bridge on a new alignment; and

WHEREAS, Federal BRM Grants (Grant No. BRM-3394 (401)) will cover 68% of the project costs; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That revenue in the following amount is estimated in the following account of the Capital Improvements Fund:

10-3090-890001-476953-89005438 Bruce Forrester Viaduct $7,215,040.00

Federal Funds

Section 2. That the sum of $7,215,040.00 is appropriated from the Unappropriated Fund Balance of the Capital Improvements Fund to the following account:

10-3090-898832-B Bruce Forrester Viaduct $7,215,040.00

Replacement Federal Funds

Section 3. That the City Manager is authorized to execute, on behalf of the City, a $9,648,680.00 contract with Radmacher Brothers Excavating Co., Inc. for Project No. 89005438 - Bruce Forrester Viaduct Replacement Over Mulberry St., Santa Fe St., and Union Pacific Railroad Fed No. BRM-3394 (401). A copy of the contract is on file in the Capital Improvements Management Office.

Section 4. That the City Manager is authorized to amend this contract and to increase the amount of the contract in an amount not to exceed $964,868.00 without further City Council approval.

Section 5. That the City Manager is authorized to expend the sum of $10,613,548.00 from funds previously appropriated to the following accounts:

10-3090-898832-B-89005438 Forrester Viaduct over Railroad $10,296,487.63

AL 8069-808083-B-80001374 9th St. and Forrester Viaduct 238,040.00

AL 8182-808083-B-81000576 Sanitary Sewer Relocation 79,020.37

TOTAL $10,613,548.00

Section 6. That the City Manager or his designee is authorized to charge up to $1,344,388.00 for project management costs associated with this project.

Section 7. That this ordinance, relating to the design, repair, maintenance or construction of a public improvement, is recognized as an emergency measure within the provisions of Section 503 of the City Charter and shall take effect in accordance with that section.

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I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

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Jeffrey A. Yates

Director of Finance

Approved as to form and legality:

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Nelson V. Munoz

Assistant City Attorney