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Legislation #: 091065 Introduction Date: 12/17/2009
Type: Ordinance Effective Date: 1/7/2010
Sponsor: COUNCILMEMBER RILEY
Title: Authorizing the Director of Water Services Department to enter into a $6,148,823.00 contract with Pyramid Excavation and Construction, Inc. for Contract No. 141, Project No. 81000597, CID Storm Sewer, Phase I - West Branch, a Transform Missouri American Recovery and Reinvestment Act Project; authorizing the Director of Water Services to expend $6,763,705.30 for the project; designating the Director of Water Services as requisitioning authority for various accounts; authorizing the Director of Finance to return unexpended appropriations to the appropriate account; and recognizing an emergency.

Legislation History
DateMinutesDescription
12/18/2009 Filed by the Clerk's office
12/17/2009 Referred to Transportation and Infrastructure Committee
1/7/2010 Advance and Do Pass as a Committee Substitute, Debate
1/7/2010 Passed as Substituted

View Attachments
FileTypeSizeDescription
091065.pdf Other 107K Change Order
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=091065 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=091065
Project Manual 0K A copy of the Project Manual is on file in the Office of the City Clerk.
091065.pdf Authenticated 165K AUTHENTICATED
CID Fact Sheet revised 122909.xls Fact Sheet 57K Contract No 141 Fact Sheet REVISED 122909
141 Docket Memo.pdf Docket Memo 41K Contract No 141 Docket Memo
CID Approp Admin Ordinance Forms.xls Other 31K Contract No 141 Approp Transaction Form
CID Fact Sheet.xls Fact Sheet 57K Contract No 141 Fact Sheet
CID Capital Fiscal Note.xls Fiscal Note 39K Contract No 141 Fiscal Note

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 091065

 

Authorizing the Director of Water Services Department to enter into a $6,148,823.00 contract with Pyramid Excavation and Construction, Inc. for Contract No. 141, Project No. 81000597, CID Storm Sewer, Phase I - West Branch, a Transform Missouri American Recovery and Reinvestment Act Project; authorizing the Director of Water Services to expend $6,763,705.30 for the project; designating the Director of Water Services as requisitioning authority for various accounts; authorizing the Director of Finance to return unexpended appropriations to the appropriate account; and recognizing an emergency.

 

WHEREAS, the City Council passed Ordinance Nos. 010590 on April 26, 2001, and Ordinance Nos. 020196 on March 14, 2002, approving the receipt of $6,783,600.00 for Phases I and II of a Special Assistance Grant from the Environmental Protection Agency (EPA) to finance a portion of costs of the Westside Wastewater Treatment Plant, the Santa Fe Pump Station, and the Central Industrial District Storm Sewer – Phase I-West Branch, all in the Central Industrial District (CID) area, in Kansas City, Missouri, and authorizing certain other actions related thereto; and

 

WHEREAS, revenues from the EPA grant need to be re-estimated to use them in a 55% EPA Grant, 45% Sewer Bond (local) basis in Fiscal Year 2010 for the Central Industrial District Storm Sewer – Phase I-West Branch Project; and

 

WHEREAS, the balance of funds from the EPA Special Assistance Grants are estimated at $2,132,886.00; and

 

WHEREAS, funds in the amount of from the EPA Special Assistance Grant need to be appropriated to the Central Industrial District Storm Sewer – Phase I-West Branch Project to be matched with local funds from Sewer Bonds of $1,137,766.00; and

 

WHEREAS, the U.S. Congress approved the American Recovery and Reinvestment Act (ARRA) of 2009, and the President signed the Act into law on February 17, 2009, providing $4 billion in federal funding to cities and communities for eligible wastewater and stormwater infrastructure improvements through the Clean Water State Revolving Fund; and

 

WHEREAS, on June 10, 2009, the Clean Water Commission adopted the Final Clean Water State Revolving Fund’s Intended Use Plan which included ARRA grant funding for the Central Industrial District Storm Sewer – Phase I-West Branch Project for $1,810,227.00; and

 

WHEREAS, on November 19, 2009, City Council approved Ordinance No. 090938 accepting the ARRA grant and estimating revenue to the ARRA wastewater account; and

 

WHEREAS, in addition to the ARRA grant funds, the Clean Water State Revolving Fund Intended Use Plan awarded $16,000,000.00 in Clean Water State Revolving Loan Funds for various wastewater project, including the Central Industrial District Storm Sewer – Phase I-West Branch; and

 

WHEREAS, on December 3, 2009, City Council approved Ordinance No. 090968 authorizing the sale of SRF Sewer Revenue Bonds and appropriating the funds to the 2009 SRF Sewer Revenue Bond Fund; NOW, THEREFORE

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the Director of Water Services Department is hereby authorized to execute, on behalf of Kansas City, Contract No. 141, Central Industrial District Storm Sewer Phase I - West Branch, in the amount of $6,148,823.00 with Pyramid Excavation and Construction, Inc. to construct new storm sewer main, manholes, junction boxes, inlets, and fittings, along with water main relocations, and all appurtenances, in Jackson County, Kansas City, Missouri. A copy of this contract is on file in the office of the Director of Water Services. 

Section 2. That the sum of $1,137,766.00 is hereby appropriated from the Unappropriated Fund Balance of Fund No. 8183, Sewer Series 2008A KCMO Spec, to the following account:

 

AL-81831-808082-B Water & Sewer CD2 $1,137,766.00

Section 3. That the sum of $1,810,227.00 is hereby appropriated from the Unappropriated Fund Balance ARRA Stimulus Fund to the following account:

 

10-2530-808082-B Water & Sewer CD2 $1,810,227.00

 

Section 4. That the Director of Water Services is authorized to expend up to the sum of $6,763,705.30, from funds previously appropriated to Account No. AL-8184-808082-B ($2,425,109.30), Water & Sewer CD2, including contingencies for the construction project, 10-8110-808082-B ($1,390,603.00), Construction Division, AL-8183-808082-B ($1,137,766.00), 10-2530-808082-B ($1,810,227.00) (all Water & Sewer CD2), to satisfy the cost of this contract.

 

Section 5. That the Director of Water Services is hereby named requisitioning authority for Account Nos. AL-8183-808082-B and 10-2530-808082-B (all Water & Sewer CD2).

Section 6. That upon completion of this contract, the Director of Finance is hereby authorized to return the unexpended portion of this appropriation to the Unappropriated Fund Balance from which it was derived.

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

 

_____________________________________________

 

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.

 

 

___________________________________

Jeffrey A. Yates

Director of Finance

 

Approved as to form and legality:

 

 

___________________________________

Charlotte Ferns

Assistant City Attorney