COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 040543

Approving a $997,263.00 Change Order No. 1 with Massman Construction Company for Contract No. 062, Emergency Main Street Outfall Replacement, for emergency repair of a collapsed 84-inch concrete sewer outfall, located on the Missouri River next to the ASB Railroad Bridge near the Grand Avenue viaduct; approving an $85,000.00 Amendment No. 2 contract with Black and Veatch Corporation for Contract No. 060 for additional design professional and resident phase services work on the Main Street Outfall project; authorizing expenditure of $1,082,263.00 in funding; and recognizing an emergency therefore.

WHEREAS, the City approved Ordinance No. 040187 on February 26, 2004, for Contract No. 062 with Massman Construction Company for the Emergency Main Street Outfall Replacement for emergency repair of a collapsed 84-inch concrete sewer outfall, located on the Missouri River next to the ASB Railroad Bridge near the Grand Avenue viaduct as well as approved the Amendment No. 1 contract with Black and Veatch Corporation for Contract No. 060 for additional design professional and resident phase services work on the Main Street Outfall project; and

WHEREAS, a $997,263.00 Change Order No. 1 with Massman Construction Company for Contract No. 062 is needed for additional bank stabilization work to accommodate the Riverfront Heritage Trail undercrossing of the ASB Bridge prior to the Lewis and Clark celebration in July 2004; and

WHEREAS, an $85,000.00 Amendment No. 2 contract with Black and Veatch Corporation for Contract No. 060 is needed for added construction and resident phase services related to the Change Order No. 1 to Contract No. 062; 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, Change Order No. 1 for Contract No. 062 with Massman Construction Company to provide for emergency repair to the sewer outfall located on Main Street, on the Missouri River next to the ASB Railroad Bridge near the Grand Avenue viaduct and Amendment No. 2 of Contract No. 060 with Black and Veatch Corporation for additional design professional and resident phase services work. Copies of this change order and contract amendment are on file in the office of the Director of Water Services.

Section 2. That the appropriation in the following account of the Capital Improvement Fund is hereby reduced by the following amount:

05-3090-896713-T Riverfront Heritage Trail $500,000.00

Section 3. That the sum of $500,000.00 is hereby appropriated from the Unappropriated Fund Balance of the Capital Improvement Fund to the following account in the Capital Improvement Fund:

05-3090-129998-X Transfer to the Sewer Fund $500,000.00

Section 4. That the revenue in the following accounts of the Sewer Fund are hereby estimated in the following amounts:

05-8110-120000-903090 Transfer from the Capital Improvement Fund $500,000.00

05-8110-800000-467380 Capital Contribution Port Authority 250,000.00

TOTAL $750,000.00

Section 5. That the sum of $750,000.00 is hereby appropriated from the Unappropriated Fund Balance of the Sewer Fund to the following account:

05-8110-807241-B Main Street Outfall Project $750,000.00

Section 6. That the appropriation in the following account of the 2004A Sanitary Sewer Revenue Bonds Fund is hereby reduced by the following amount:

05-8179-807790-B Sewers $332,263.00

Section 7. That the sum of $332,263.00 is hereby appropriated from the Unappropriated Fund Balance of the 2004A Sanitary Sewer Revenue Bonds Fund to the following account in the of the 2004A Sanitary Sewer Revenue Bonds Fund:

05-8179-807241-B Main Street Outfall Project $332,263.00

Section 8. That the Director of Water Services is hereby authorized to expend up to the sum of $1,082,263.00, to satisfy the costs of this change order and contract amendment, from amounts appropriated to the following Main Street Outfall Project, Account Nos. 05-8110-807241 and 05-8179-807241.

Section 9. That upon completion of the final costs of these contracts, 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 10. This ordinance, making an appropriation for the current expenses of the municipal government, is recognized to be an emergency measure within the provisions of Article II, Section 15 of the Charter of Kansas City 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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Wanda Gunter

Acting Director of Finance

Approved as to form and legality:

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Cecilia OConnor Abbott

Assistant City Attorney