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Legislation #: 130916 Introduction Date: 11/21/2013
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER JOHNSON
Title: Authorizing an amendment to the construction manager at risk (CM@Risk) contract with KC Streetcar Constructors for the Kansas City Downtown Streetcar project to restructure the scope of the Phase 2 Construction Services into Phases 2A, Advanced Work Packages, and 2B, authorizing the expenditure of up to $19,000,000.00 for Phase 2A; and recognizing an emergency.

Legislation History
DateMinutesDescription
11/21/2013 Filed by the Clerk's office
11/21/2013 Referred to Transportation & Infrastructure Committee
11/26/2013 Advance and Do Pass, Debate
11/26/2013 Passed

View Attachments
FileTypeSizeDescription
Project NO. 89022000.pdf Other 522K KC Streetcar Project
130916.pdf Authenticated 177K Authenticated
89022000 KC Streetcar Constructors Amend 1 Fiscal Note 112013.pdf Fact Sheet 104K Fact Sheet
89022000 KC Streetcar Const Fact Sheet Amend 1.pdf Fact Sheet 187K Fact Sheet

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ORDINANCE NO. 130916

 

Authorizing an amendment to the construction manager at risk (CM@Risk) contract with KC Streetcar Constructors for the Kansas City Downtown Streetcar project to restructure the scope of the Phase 2 Construction Services into Phases 2A, Advanced Work Packages, and 2B, authorizing the expenditure of up to $19,000,000.00 for Phase 2A; and recognizing an emergency.

 

WHEREAS, Committee Substitute for Ordinance No. 130606 authorized a construction manager at risk (CM@Risk) contract with KC Streetcar Constructors for Phase 1 Preconstruction Services for the Kansas City Downtown Streetcar Project and authorized an exercise of option for Phase 2 Construction Services; and

 

WHEREAS, the City and the CM@Risk are in agreement to divide Phase 2 Construction Services into two separate phases – Phase 2A and Phase 2B; and

 

WHEREAS, Phase 2A will consist of Advanced Work Packages to include water and sewer line work, procurement of rail and special track materials, and survey and testing for this work; and

 

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

 

WHEREAS, the remaining work to be performed under Construction Services in Phase 2B will be included in the CM@Risk’s final guaranteed maximum price; and

 

WHEREAS, the City utility relocation needs to get underway as soon as possible before the main line track work commences to ensure that the work proceeds without delay and interruptions; and

 

WHEREAS, construction materials such the streetcar rail and components needed for track switching must be ordered months in advance to ensure timely delivery to maintain construction schedules;

 

WHEREAS, testing and survey for the proper relocation and installation of the water and sewer lines must be done in conjunction with the actual work; and

 

WHEREAS, both Phase 2A and Phase 2B will be performed in accordance with requirements defined in the Contract authorized by Committee Substitute for Ordinance 130606; and

 

WHEREAS, CM@Risk will solicit bids for each of the Advanced Work Packages and materials needed to complete Phase 2A; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Director of Public Works is hereby authorized to execute an amendment to a construction manager at risk (CM@Risk) contract with KC Streetcar Constructors for the Downtown Streetcar project to restructure the scope of the Phase 2 Construction Services by accelerating the bid of the water/sewer line package, rail and special track material procurement package, and survey and testing work package in Phase 2A from funds appropriated to Account No. AL-3428-898044-B-89022000. The City’s contractual obligation is limited to the sum of $19,000,000.00 for Phase 2A Advanced Work Packages for Project No. 89022000 – Kansas City Downtown Streetcar. A copy of the amendment, in substantial form, is on file in the Public Works Department 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 City’s options under the Contract without additional City Council approval.

 

Section 3. That this ordinance, relating to the design, repair, maintenance or construction of a public improvement, is recognized as an emergency measure within the provisions of Section 503(a)(3)(D) of the City Charter and shall take effect in accordance with that section.

 

______________________________________________

 

I hereby certify that there is a balance in the amount of $19,000,000.00 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 $19,000,000.00, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

 

 

___________________________________

Randall J. Landes

Director of Finance

 

Approved as to form and legality:

 

 

___________________________________

Nelson Munoz

Assistant City Attorney