ORDINANCE NO. 250835
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Sponsor: Director of Public Works Department
Appropriating $7,040,000.00 from the Unappropriated Fund Balance of the Streetcar Fund to the Kansas City Streetcar Main Street Extension project; authorizing a $4,085,319.06 amendment to the construction manager at risk (CM@Risk) contract with KC Streetcar Constructors for a total contract amount of $248,990,645.12; and recognizing this ordinance as having an accelerated effective date.
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WHEREAS, pursuant to the TDD Act, the Kansas City Main Street Rail Transportation Development District (the “District”) was established on August 11, 2017, by Order of the Circuit Court of Jackson County, Missouri, for the purpose of undertaking or causing to be undertaken, and funding, along with other sources, the design, construction, ownership and/or operation of (a) the Initial Phase in the place and stead of the Downtown Streetcar District, and (b) an extension of the Initial Phase, running south from Union Station generally along Main Street with a terminus in the general vicinity of the University of Missouri - Kansas City’s Volker campus (the “Phase 2 Line” or the “Main Streetcar Extension,” and collectively with the Initial Phase, the “Streetcar System”); and
WHEREAS, the District, the City and the Authority have entered into a Cooperative Agreement for Streetcar Phase 2, as may be amended and restated from time to time (the “Cooperative Agreement”), pursuant to which the City, the District and the Authority establish the roles and responsibilities of the parties in connection with the design, construction, management and operation of the Streetcar System and the City agrees to deposit, subject to annual appropriation, certain sums (the “City’s Annual Contribution”) into the Streetcar Fund established under the Cooperative Agreement, and the Initial Phase Cooperative Agreement has been terminated; and
WHEREAS, pursuant to the Cooperative Agreement, the District agrees to make monthly deposits of sales tax revenues and receipts from special assessments with the City for deposit into the Streetcar Fund, and the City agrees to use such funds for purposes of the Streetcar System as more fully set forth therein, including but not limited to paying debt service on any bonds or other obligations issued to finance costs of the design, acquisition and construction of the Streetcar System; and
WHEREAS, the City, the Kansas City Streetcar Authority, the Kansas City Area Transportation, and PortKC have partnered to expand the streetcar system to UMKC and the Riverfront; and
WHEREAS, the related improvements will improve the efficiency of and access to the KC Streetcar system, including the Main Street Extension; and
WHEREAS, the Main Street Rail Transportation Development District and the Streetcar Authority Board of Directors have approved the appropriation request as required by the Cooperative Agreement for Streetcar Phase 2; and
WHEREAS, Committee Substitute for Ordinance No. 200165 authorized a construction manager at risk (CM@Risk) contract with KC Streetcar Constructors for Phase 1, preconstruction services for the Kansas City Streetcar Main Street Extension Project and authorized an exercise of option for Phase 2, construction services; and
WHEREAS, Committee Substitute for Ordinance No. 210751 authorized a construction manager at risk (CM@Risk) contract with KC Streetcar Constructors for Phase 2A, construction services for the Kansas City Streetcar Main Street Extension Project; and
WHEREAS, Ordinance No. 220634 authorized amendment No. 4 to the construction manager at risk (CM@Risk contract with KC Streetcar Constructors, for a total contract amount of $222,757,291.00; and
WHEREAS, authorizing Change Order No.12 to the construction manager at risk (CM@Risk) contract with KC Streetcar Constructors, for a total contract amount of $248,990,645.12; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY,
Section 1. That the sum of $7,040,000.00 is hereby appropriated from the Unappropriated Fund Balance of the Streetcar Fund to the following account:
26-2085-898989-B-89022014 Streetcar Extension South $7,040,000.00
Section 2. That the Director of Public Works is hereby authorized to execute Amendment No. 12 to the CM@R contract with KC Streetcar Constructors for Construction Services for Kansas City Streetcar Main Street Extension in the amount of $4,085,319.06, for a total contract amount of $248,990,645.12 from funds hereby appropriated to Account No. 26-2085-898989-B-89022014. A copy of the contract is on file in the Public Works Department.
Section 3. That the Director of Public Works is hereby designated as requisitioning authority for Account No. 26-2085-898989.
Section 4. That this ordinance, relating to the design, repair, maintenance or construction of a public improvement, is recognized as an ordinance with an accelerated effective date as provided by Section 503(a)(3)(D) of the City Charter 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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William Choi
Interim Director of Finance
Approved as to form:
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Dustin E. Johnson
Assistant City Attorney