File #: 3017    Version: 0 Name: Walton Construction
Type: Ordinance Status: Passed
File created: 4/25/2000 In control: County Legislature
On agenda: 4/25/2000 Final action: 4/24/2000
Title: AN ORDINANCE appropriating $1,575,000.00 from the unappropriated surplus of the 2000 Criminal Justice Improvement Fund and authorizing the Jackson County Counselor to settle the claim of Walton Construction Company, Inc., relating to the construction of the Detention Center Annex, for a total payment of $1,575,000.00.
Sponsors: Victor E. Callahan
Indexes: CRIMINAL JUSTICE FUND, DETENTION CENTER, SETTLEMENT OF CLAIM

IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI

 

Title

AN ORDINANCE appropriating $1,575,000.00 from the unappropriated surplus of the 2000 Criminal Justice Improvement Fund and authorizing the Jackson County Counselor to settle the claim of Walton Construction Company, Inc., relating to the construction of the Detention Center Annex, for a total payment of $1,575,000.00.

 

 

Intro

ORDINANCE 3017, April 24, 2000

 

INTRODUCED BY Victor E. Callahan, County Legislator

 

 

Body

WHEREAS, by Resolution 11712, dated April 14, 1997, the Legislature did award a contract to Walton Construction Company, Inc., of Kansas City, Missouri, for construction of a portion of the Jackson County Detention Center Annex project (Bid Package No. 8, general construction), in the actual amount of $6,762,426; and,

 

WHEREAS, previously authorized change orders have brought the current authorization up to a total of $7,631,913; and,

 

WHEREAS, Walton Construction Company, Inc. has now made a claim against the County for additional costs associated with its work on this project, not contemplated or foreseen at the time of the contract, which it is entitled to recover under Missouri law; and,

 

WHEREAS, the County intends to seek recovery of these funds in the arbitration proceedings initiated against the design professionals; and,

 

WHEREAS, after a thorough and complete investigation of this claim, the County Counselor, based upon the recommendation of special counsel and the County's retained experts, recommends that the claim be settled by the total payment to Walton Construction Company, Inc. of $1,575,000 in full, final, and complete release of all claims against Jackson County; and,

 

WHEREAS, in order to fund this payment, an appropriation is necessary; now therefore,

 

BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the following appropriation be and hereby is made:

 

DEPARTMENT/DIVISION                                          CHARACTER/DESCRIPTION                     FROM                     TO

 

Criminal Justice Improvement

Fund

012-2810                                                                                    Unappropriated Surplus                                          $1,575,000

 

Construction Program

012-2303-8020                                                               Buildings and Improvements                     1,575,000

 

 

BE IT FURTHER RESOLVED that the County Counselor be and hereby is authorized to settle the claim of Walton Construction Company, Inc., as outlined above, for the payment of $1,575,000; and,

 

BE IT FURTHER RESOLVED that the County Counselor be and hereby is authorized to  execute any and all documents necessary to effectuate this settlement; and,

BE IT FURTHER RESOLVED that the Manager of the Division of Finance be and hereby is authorized to issue his check in settlement of this claim in the amount of $1,575,000,  pursuant to the specific instructions of the County Counselor.

 

Enacted and Approved

Effective Date:  This Ordinance shall be effective immediately upon its signature by the County Executive.

 

APPROVED AS TO FORM:

 

 

____________________________                                          _______________________________

                                                                                                                                                                        County Counselor

 

                     I hereby certify that the attached Ordinance, Ordinance #3017 introduced on April 24, 2000, was duly passed on _________April 24____________, 2000 by the Jackson County Legislature.  The votes thereon were as follows:

 

 

                     Yeas _______7________                                          Nays _______0_______

 

                     Abstaining _____0______                                          Absent ______2______

 

 

This Ordinance is hereby transmitted to the County Executive for her signature.

 

 

________________________                                          ________________________________

Date                                                                                                                              Mary Jo Brogoto, Clerk of Legislature

 

 

I hereby approve the attached Ordinance #3017.

 

 

_______________________                                          ________________________________

Date                                                                                                                              Katheryn J. Shields, County Executive

 

 

Fiscal Note

Funds sufficient for this appropriation are available from the source indicated below.

 

 

ACCOUNT NUMBER:                     012 2810

 

ACCOUNT TITLE:                                          Criminal Justice Improvement Fund

                                                                                    Unappropriated Surplus

 

NOT TO EXCEED:                                          $1,575,000

There is a balance otherwise unencumbered to the credit of the appropriation to which the expenditure is chargeable and there is a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made each sufficient to provide for the obligation herein authorized.

 

 

ACCOUNT NUMBER:                     012 2303 8020

 

ACCOUNT TITLE:                                          Criminal Justice Improvement Fund

                                                                                    Construction Program

                                                                                    Buildings & Improvements

 

NOT TO EXCEED:                                          $1,575,000

 

 

 

________________________                                          ________________________________

Date                                                                                                                              Director of the Department of Finance