ORDINANCE NO. 241078

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Sponsor: Director of Water Services Department

Authorizing a $29,962,962.00 construction manager at risk Amendment No. 1 to Contract No. 9737 with The Whiting-Turner Contracting Company, for the Water Services Laboratory Remodel and Building Renovation CMAR project for a total contract amount of $30,012,962.00; authorizing a maximum expenditure of $33,000,000.00; authorizing a $1,450,000.00 design professional services contract Amendment No. 2 to Contract No. 9522 pursuant to Code of Ordinance Section 3-7(a)(3) specialized waivers for design professional services contracts with Finkle-Williams, Inc., for the Laboratory Facility Renovations and Modifications project for a total contract amount of $2,966,000.00; and recognizing this ordinance as having an accelerated effective date.

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WHEREAS, the City executed a $50,000.00 professional, specialized or technical services contract with The Whiting-Turner Contracting Company under Contract No. 9737 on April 19, 2023 for the Water Services Laboratory Remodel and Building Renovation Construction Manager at Risk (CMAR) project that included all pre-construction and construction project management services “At-Risk” and with a guaranteed maximum price (GMP) for project delivery relating to the entire spectrum of construction; and

WHEREAS, the City executed a $351,000.00 design professional services contract under Contract No. 9522 with Finkle-Williams, Inc. on September 21, 2020, for design services for the Laboratory Facility Renovations and Modifications project, which included detailed programming, space planning, preliminary design, final design, construction documents, cost estimates, and evaluation; and

WHEREAS, City Council passed Ordinance No. 211007 on November 10, 2021, authorizing a $1,165,000.00 Amendment No. 1 to Contract No. 9522 for design professional services contract with Finkle-Williams, Inc. for the Laboratory Facility Renovations and Modifications project, which was for 100% completion of the bid phase (which was executed by the City on March 24, 2022); NOW, THEREFORE,

                     BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the Director of the Water Services Department is authorized to execute a construction manager at risk Amendment No. 1 to Contract No. 9737 in the amount of $29,962,962.00, for a total contract amount of $30,012,962.00, with The Whiting-Turner Contracting Company, for the Water Services Laboratory Remodel and Building Renovation CMAR project, Project No. 80002229.  A copy of the amendment is on file in the office of Water Services.

                     Section 2. That the Director of the Water Services Department is authorized a maximum expenditure of $33,000,000.00 from Account No. AL-8082-807710-B-80002229, Adm/Service Facility Improv, to satisfy the cost of this amendment.

Section 3. That the Director of Water Services Department is authorized to execute a design professional services Amendment No. 2 to Contract No. 9522 pursuant to Code of Ordinance Section 3-7(a)(3) specialized waivers for design professional services contracts in the amount of $1,450,000.00, for a total contract amount of $2,966,000.00, with Finkle-Williams, Inc., for the Laboratory Facility Renovations and Modifications project, Project No. 80002229. A copy of this amendment is on file in the office of Water Services.

Section 4. That the Director of the Water Services Department is authorized a maximum expenditure of $1,450,000.00 from Account No. AL-8082-807710-B-80002229, Adm/Service Facility Improv, to satisfy the cost of this amendment.

Section 5.  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 Section 503, City Charter.

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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.

                                                                                                          ______________________________

Tammy L. Queen

Director of Finance

Approved as to form:

______________________________

Mark P. Jones

Senior Associate City Attorney