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