ORDINANCE NO. 070164

Authorizing the Director of Public Works to enter into a municipal agreement with the Missouri Highway and Transportation Commission (MHTC) relating to the MoDOT project on US-69 (Vivion Rd.) from approximately US-169 to I-35 (J4P1393 & J4S1727) in Kansas City, MO and Clay County; and authorizing the Director of Public Works to expend $230,148.00.

WHEREAS, improvements will consist of cold milling, asphalt resurfacing, bridge rehabilitation, raised medians and safety improvements. It will also permanently close access to N Brighton Place from the I-35 exit ramp to Rte 69 (Vivion Rd). Access to N Brighton Pl will be permitted from N Brighton Ave; and

WHEREAS, the agreement authorizes the MHTC to bid and construct two City projects in conjunction with their improvements including Vivion Trail Phase 2 (Project #89002909) and N Highland Intersection improvements (Project #89008029). The City shall be responsible for 100% of the actual costs to construct these additional improvements and shall deposit the construction estimate plus 10% contingency currently estimated to be $500,000.00 and $85,000.00 respectively; and

WHEREAS, the City authorizes the MHTC to utilize $354,852.00 in CMAQ funds allocated to the Vivion Trail Phase 2 through the Mid-America Regional Council and identified by federal funding number CMAQ 9900 (413). This reduces the Citys estimated financial obligation for the Vivion Trail from $500,000.00 to $145,148.00; and

WHEREAS, upon completion of the improvements, the City shall be responsible for the maintenance and operation of all City-funded improvements; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the Director of Public Works is hereby authorized to execute an agreement, on behalf of the City, with the Missouri Highways and Transportation Commission to allow the Commission to perform improvements to Rte. 69 from west of Rte. 169 to east of I-35, in Clay County, for a total length of 4.854 miles.

Section 2. That the Director of Public Works is authorized to expend funds from the following accounts:

3090-647120-89002909-B Vivion Rd Trail Phase II $145,148.00

3090-896101-89008029-B Special Projects CD1 74,000.00

3090-898104-89009996-B Contingency Project CD1 11,000.00

TOTAL $230,148.00

_____________________________________________

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.

___________________________________

Debra R. Hinsvark

Director of Finance

Approved as to form and legality:

___________________________________

Brian T. Rabineau

Assistant City Attorney