KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 050081 Introduction Date: 1/20/2005
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER XBARNES
Title: Authorizing the Director of Public Works to execute a construction manager at risk (CM@Risk) contract with M.A. Mortenson Company for the downtown arena project that includes Phase 1 Preconstruction Services in the amount of $390,000.00 and Phase 2 Construction Services in the amount of the total direct construction costs plus the CM@Risk’s general condition fee of $6,301,458.00 and the CM@Risk’s fee of 2.25% of the direct construction costs; authorizing the Director of Public Works to exercise the City’s option for Phase 2 construction services upon the City Council’s appropriation of funds from bond proceeds; finding it is in the best interests of the City to utilize the modified MBE/WBE solicitation procedures and requirements set forth in the CM@Risk contract documents and authorizing their use pursuant to section 38-91, Code of Ordinances.

Legislation History
DateMinutesDescription
1/20/2005 Filed by the Clerk's office
1/20/2005 Referred to Operations Committee
1/26/2005 Advance and Do Pass, Debate
1/27/2005 Passed

View Attachments
FileTypeSizeDescription
050081.pdf Authenticated 155K Authenticated

Printer Friendly Version

ORDINANCE NO. 050081

 

Authorizing the Director of Public Works to execute a construction manager at risk (CM@Risk) contract with M.A. Mortenson Company for the downtown arena project that includes Phase 1 Preconstruction Services in the amount of $390,000.00 and Phase 2 Construction Services in the amount of the total direct construction costs plus the CM@Risks general condition fee of $6,301,458.00 and the CM@Risks fee of 2.25% of the direct construction costs; authorizing the Director of Public Works to exercise the Citys option for Phase 2 construction services upon the City Councils appropriation of funds from bond proceeds; finding it is in the best interests of the City to utilize the modified MBE/WBE solicitation procedures and requirements set forth in the CM@Risk contract documents and authorizing their use pursuant to section 38-91, Code of Ordinances.

WHEREAS, the City is building a new downtown arena; and

WHEREAS, the City is utilizing the project delivery method of CM@Risk for the first time in the construction of a City project; and

WHEREAS, the City solicited bids for a CM@Risk and M.A. Mortenson Company (Mortenson) was the lowest and best bidder; and

WHEREAS, Mortenson has committed to having on site the project team it presented in its bid and that Mortenson's staff that is relocating to Kansas City will reside within the city limits of Kansas City; and

WHEREAS, the CM@Risk contract provides for both Phase 1 Preconstruction Services and Phase 2 Arena General Construction Services; and

WHEREAS, the CM@Risk contract authorizes the City to exercise the option for Phase 2 Arena General Construction Services if the CM@Risk and City can agree to a final guaranteed maximum price for the construction of the downtown arena; and

WHEREAS, if the City exercises its option for Phase 2 services, the CM@Risk must follow City requirements in the award of construction bid packages including the requirement that construction bid packages must be awarded to the lowest and best responsive bidder who has made a best faith effort to meet the MBE/WBE goals; and

WHEREAS, the Fairness in Construction Board set an overall project goal of 20% MBE and 12% WBE on the direct construction costs of the downtown arena; and

WHEREAS, the City required in the bid/contract documents that the selected CM@Risk bid out construction packages, advertise the packages, and award the packages to the lowest and best bidder who has made a best faith effort to achieve the MBE/WBE goals; and

WHEREAS, the Citys bid/contract documents require the CM@Risk to follow the Citys MBE/WBE procedures for each individual bid package; and

WHEREAS, the CM@Risk is required to evaluate the bidders best faith efforts to meet the MBE/WBE goals prior to awarding a contract to the bidder on any bid package; and

WHEREAS, the CM@Risk must find that a bidder made a best faith effort to meet the MBE/WBE goals prior to it awarding a contract to the bidder on any bid package; and

WHEREAS, the City will review and monitor the CM@Risks performance and adherence to the Citys MBE/WBE requirements throughout the project; and

WHEREAS, the CM@Risk is required to meet the project MBE/WBE goals unless it has made a best faith effort throughout the project on each individual bid package; and

WHEREAS, because the CM@Risk project delivery method is not a codified MBE/WBE process, the City Council pursuant to its authority in section 38-91 (2), Code of Ordinances finds it is in the best interest of the City to approve this modified MBE/WBE process; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Director of Public Works is hereby authorized to execute a construction manager at risk (CM@Risk) contract with M.A. Mortenson Company for the downtown arena project. The Citys contractual obligation is limited to the sum of $390,000.00 for Phase 1 Preconstruction Services. A copy of the contract, in substantial form, is on file in the Director of Public Works Office and Office of the City Manager and is incorporated herein by reference and is hereby approved.

 

Section 2. That the Director of Public Works is hereby authorized to expend the following sum from funds previously appropriated to Account No. AL-3405-897770-B for the aforesaid contract: (BE CERTAIN TO FILL IN CORRECT ACCOUNT NUMBER)

 

$390,000.00 Phase 1 - Preconstruction Services

 

Section 3. That the Director of Public Works is hereby authorized to exercise the Citys option for Phase 2 construction services in the amount of the total direct construction costs plus the CM@Risks general condition fee of $6,301,458.00 and the CM@Risks fee of 2.25% of the direct construction costs upon the City Councils appropriation of funds from the proceeds of bonds to be issued for the downtown arena project and upon such appropriation the Director of Public Works is authorized to spend the appropriated funds for the full contract amount without further City Council approval.

 

Section 4. That the Mayor and Council hereby find it is in the best interests of the City to utilize the modified MBE/WBE solicitation procedures and requirements set forth in the CM@Risk bid/contract documents and hereby authorize their use pursuant to section 38-91, Code of Ordinances.

 

________________________________________

 

I hereby certify that there is a balance in the amount of $390,000.00 in the current fiscal year budget, otherwise unencumbered, to the credit of the appropriation to which a portion of the foregoing expenditure is to be charged, and a cash balance in the amount of $390,000.00, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the current fiscal year obligation hereby incurred.

 

___________________________________

Wanda Gunter

Acting Director of Finance

 

Approved as to form and legality:

 

 

___________________________________

James M. Brady

Assistant City Attorney