ORDINANCE NO. 210548
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Estimating and appropriating the revenues from North American Specialty Insurance Company (“Surety”) in the amount of $98,717.00 and $251,828.00 for Surety Payment related to the Water Main Replacement in the Area of N. Chaumiere to N. Cleveland, N.E. Russell to N.E. 43rd Street Project (“Chaumiere Project”) (Project No. 80001944) and Water Main Replacement in the Area of N.W. Waukomis Drive, N.W. Englewood Boulevard to N.W. 64th Street Project (“Waukomis Dr. Project”) (Project No. 80001988), respectively.
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WHEREAS, on February 9, 2021, Blue Nile Contractors Inc. signed a Voluntary Letter of Default issued to North American Specialty Insurance Company (“Surety”), in which Blue Nile Contractors, Inc., indicated that it was unable to perform the Contract, and thus it was in default of the Contract; and
WHEREAS, the City and Surety entered into a tender agreement whereby the City agreed to release Blue Nile Contractors, Inc., of its obligations; and
WHEREAS, Surety has tendered to City a completion contractor, Site Rite Construction Company (“Completing Contractor”); and
WHEREAS, the Surety will pay to City the sum of $98,717.00 and $251,828.00, representing the additional cost of performing the work with the Completing Contractors for the Chaumiere Project and Waukomis Drive Project; NOW THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the revenue in the following account of Fund No. 8077, the Water Revenue Bond Series 2020A Fund, is hereby estimated in the following amount:
AL-8077-800000-581160-80001944 Contr. in Aid of Construction $ 98,717.00
Section 2. That the sum of $98,717.00 is hereby appropriated from the Unappropriated Fund Balance of Fund 8077, the Water Revenue Bond Series 2020A Fund:
AL-8077-807705-611060-80001944 WMR Replacement Program $ 98,717.00
Section 3. That the revenue in the following account of Fund No. 8010, the Water Fund is hereby estimated in the following amount:
22-8010-800000-581160-80001988 Contr. in Aid of Construction $251,828.00
Section 4. That the sum of $251,828.00 is hereby appropriated from the Unappropriated Fund Balance of Fund 8010, the Water Fund:
22-8010-807705-611060-80001988 WMR Replacement Program $251,828.00
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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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Tammy L. Queen
Director of Finance
Approved as to form and legality:
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Mark P. Jones
Assistant City Attorney