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Legislation #: 050875 Introduction Date: 7/14/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing the Director of Public Works to amend the construction manager at risk (CM@Risk) contract with M.A. Mortenson Company for the downtown arena project to restructure the scope of the General Construction Services into Phases 2A and 2B, increase the general conditions fee to reflect additional work and to include $14 million for the contract costs; authorizing the Director to amend the contract without City Council approval and recognizing an emergency.

Legislation History
DateMinutesDescription
7/14/2005 Filed by the Clerk's office
7/14/2005 Referred to Operations Committee
7/27/2005 Hold On Agenda (8/10/2005)
8/10/2005 Hold On Agenda (8/24/2005)
8/24/2005 Advance and Do Pass, Debate
8/25/2005 Passed

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ORDINANCE NO. 050875

 

Authorizing the Director of Public Works to amend the construction manager at risk (CM@Risk) contract with M.A. Mortenson Company for the downtown arena project to restructure the scope of the General Construction Services into Phases 2A and 2B, increase the general conditions fee to reflect additional work and to include $14 million for the contract costs; authorizing the Director to amend the contract without City Council approval and recognizing an emergency.

 

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

 

WHEREAS, the City and the CM@Risk are dividing Phase 2 General Construction Services into two separate phases, Phase 2A and Phase 2B (the Phases); and

 

WHEREAS, Phase 2A will consist of at least the mass excavation and environmental remediation work and Phase 2B will consist of the remaining work; and

 

WHEREAS, in order to maintain a satisfactory project schedule, it is necessary for Phase 2A to begin prior to the submission of the CM@Risks final guaranteed maximum price; and

 

WHEREAS, both Phase 2A and Phase 2B will be performed in accordance with requirements defined in the Contract authorized by Ordinance No. 050081; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Director of Public Works is hereby authorized to amend the construction manager at risk (CM@Risk) contract with M.A. Mortenson Company for the downtown arena project to restructure the scope in the General Construction Services by accelerating the bid of the Mass Excavation package and including the Environmental Remediation package in Phase 2A; restructure the general conditions fee and increase it to cover any additional work and to include $14 million for the contract costs from funds previously appropriated in Account No. AL-3405-897770-B. A copy of the contract amendment, in substantial form, is on file in the office of the Director of Public Works and in the Capital Improvements Management Office and is incorporated herein by reference.

 

Section 2. That the Director of Public Works is hereby authorized to amend the contract, to increase or decrease the contract amount, restructure work between the Phases and to exercise the Citys options under the Contract without additional City Council approval.


Section 3. That this ordinance, making provision for the current expenses of the municipal government, is recognized as an emergency measure within the provisions of Section 15, Article II, of the Charter of Kansas City, and shall take effect in accordance with that section.

 

________________________________________

 

 

I hereby certify that there is a balance in the amount of $14,000,000.00 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 $14,000,000.00, 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