ORDINANCE NO. 210429
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Estimating and appropriating revenue in the amount of $145,253.42 in the Sewer Fund; authorizing a $3,219,511.42 Construction Completion Contract with Havens Construction Company, Inc., for the Blue River South Area 4 and 5 Inflow and Infiltration (I/I) Reduction Project - Phase 2; authorizing a maximum expenditure of $4,490,000.00; and recognizing this ordinance as having an accelerated effective date.
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WHEREAS, on April 23, 2020, Ordinance No. 200268 was passed to authorize a $4,077,970.76 Construction Contract ("Contract") with Blue Nile Contractors, Inc., for the Blue River South Area 4 and 5 Inflow and Infiltration (I/I) Reduction Project - Phase 2, to authorize a maximum expenditure of $4,490,000.00, and to authorize a $692,598.00 Design Professional Services Amendment No. 4 to Contract No. 1116 with George Butler and Associates, Inc., for a total contract amount of $2,612,725.00; and
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, Havens Construction Company, Inc. ("Completing Contractor"); and
WHEREAS, the Completing Contractor will perform the work described in the Contractor Agreement for a sum of $3,219,511.42; and
WHEREAS, the Surety will pay to City the sum of $145,253.42, representing the additional cost of performing the work with the Completing Contractor; NOW THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the revenue in the following account of Fund No. 8110, the Sewer Fund, is hereby estimated in the following amount:
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