ORDINANCE NO. TMP-7385
title
Sponsor: Director of Public Works
Appropriating $2,000,000.00 from the Unappropriated Fund Balance of the Streetcar Fund to the Kansas City Streetcar Main Street Extension project; authorizing Amendment No. 9 to the Design Professional Services Agreement with HDR Engineering, Inc. in the amount of $263,855.00 for a total contract amount of $21,219,686.87; recognizing that the amendment is subject to Federal Transit Administration requirements; and recognizing this ordinance as having an accelerated effective date.
body
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 established 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, Amendment No. 9 with HDR Engineering, Inc., in the amount of $263,855.00, is necessary to provide additional design professional services for the Kansas City Streetcar Main Street Extension project, including project closeout support, warranty oversight, inspections, budget reconciliation, before-and-after study documentation, and other services necessary for completion of the project; and
WHEREAS, the requested appropriation is necessary to provide professional services for the Kansas City Streetcar Main Street Extension Project, including warranty oversight and inspections, project closeout, budget reconciliation, and before-and-after study documentation; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the sum of $2,000,000.00 is hereby appropriated from the Unappropriated Fund Balance of the Streetcar Fund to the following account:
27-2085-898989-B-89022014 Streetcar Authority $2,000,000.00
Section 2. That the Director of Public Works is hereby authorized to execute Amendment No. 9 to the Design Professional Services Agreement with HDR Engineering, Inc. for the Kansas City Streetcar Main Street Extension project in the amount of $263,855.00, for a total contract amount of $21,219,686.87 from funds hereby appropriated to Account No. 27-2085-898989-B-89022014. A copy of the amendment is on file in the Public Works Department.
Section 3. That, notwithstanding any provision in the contract to the contrary, the amendment to the design professional agreement authorized by this ordinance must comply with all Federal Transit Administration (FTA) requirements, rules, and regulations which are incorporated as applicable into the contract by reference.
Section 4. That this ordinance relating to the appropriation of money and the expenses of government is recognized as an ordinance with an accelerated effective date as provided by Section 503(a)(3)(B) and Section 503(a)(3)(C) of the City Charter and shall take effect in accordance with Section 503, City Charter.
end
______________________________________________________
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.
___________________________________
Brenton Siverly
Director of Finance
Approved as to form:
__________________________________
Andrew Bonkowski
Assistant City Attorney