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2017-14RESOLUTION NO. 2017 - 14 COUNCIL MEMBER HANSEN INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with Maintenance Agreement No. 6 between the City of Blair, Nebraska and the Nebraska Department of Roads to be effective January 1, 2011; and WHEREAS, said agreement on file with the City Clerk is acceptable to the City of Blair. NOW, THEREFORE, BE IT RESOLVED that said Maintenance Agreement No. 6 between the City of Blair, Nebraska and the Nebraska Department of Roads, effective January 1, 2011, is hereby adopted and approved by the municipality for the calendar year 2017 and the Mayor and City Clerk of the City of Blair are hereby authorized and directed to execute same on behalf of the municipality. COUNCIL MEMBER HANSEN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WILLIS. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, WILLIS, HANSEN, WOLFF, JENSEN, HALL AND ANDERSEN VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 14TH DAY OF FEBRUARY, 2017. CITY OF BLAIR, NEBRASKA BY JA REALPH, MAYOR ATTEST: 6Af �g /2v BRENDA R. WHEELER (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R.WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 14th day of February, 2017. BRENDA R. WHEELER, CITY CLERK Maintenance Agreement No. 6 Maintenance Agreement Between the Nebraska Department of Roads and the Municipality of Blair Municipal Extensions in Blair A n Good Life. Great Journey. DEPARTMENT OF ROADS AGREEMENT THIS AGREEMENT, made and entered into by and between Blair hereinafter referred to as the "City"; and the State of Nebraska, Department of Roads, acting by and through its Director -State Engineer, hereinafter referred to as the "State" and this agreement is to have an effective date of January 1, 2017. WITNESSETH: WHEREAS, Nebraska Revised Statutes, relating to highways, set out the responsibilities of the State, counties and incorporated municipalities in the establishment of uniform standards of design, construction, operation and maintenance of said highways, and WHEREAS, the State and the City wish to enter into an agreement relative to the maintenance of said highways, and WHEREAS, Neb. Rev. Stat. § 39-1339, § 39-1344, § 39-1372, § 39-2105, § 60-6,120 and § 60-6,121, set out in detail the maintenance responsibilities of the State and the City; said responsibilities shall be incorporated herein by this reference. Therefore, the parties hereto understand that the maintenance responsibilities of the City and State under the above referenced laws are as set forth by Attachment "A" attached hereto. NOW THEREFORE, in consideration of these facts the parties hereto agree as follows: SECTION 1a: The State agrees to perform the maintenance on the above mentioned highways consisting of surface maintenance of those portions of municipal extensions of all rural highways within municipalities of the Metropolitan, Primary and First Class, the design of which exceeds the design of the rural highways leading into the municipality. The State shall maintain - 1 - Maintenance Agreement No. 6 Maintenance Agreement Between the Nebraska Department of Roads and the Municipality of Blair Municipal Extensions in Blair the entire traveled portion, not including parking lanes thereon, of the municipal extension and the City shall reimburse the State as set out in Section 8a of this agreement for maintaining that portion of said municipal extension that has been designated by statute as the City's responsibility. SECTION 1 b: The State agrees to perform the maintenance on the above mentioned highways consisting of surface maintenance of those portions of municipal extensions of all rural highways within municipalities of the Second Class and Villages, the design of which exceeds the design of the rural highways leading into the municipality. The State shall maintain the entire traveled portion, including parking lanes thereon, of the municipal extension and the City shall reimburse the State as set out in Section 8a of this agreement for maintaining that portion of said municipal extension that has been designated by statute as the City's responsibility. SECTION 1c. The City agrees to perform the maintenance on the above mentioned highways consisting of surface maintenance of those municipal extensions of all rural highways, and the State shall reimburse the City as set out in Section 8b of this agreement for the maintenance of that portion of said municipal extension that has been designated by statute as the State's responsibility. No allowance will be made for turning lanes or for lanes used on a part-time basis as parking lanes, or other auxiliary lanes within municipalities of the Metropolitan, Primary and First Class. No allowance will be made for turning lanes or other auxiliary lanes except parking lanes within municipalities of the Second Class and Villages. SECTION 1d. Special provisions in which the State shall perform partial maintenance and the City shall perform partial maintenance on the same municipal extension(s) shall be set out by addendum, in detail in Attachment "B" attached hereto, referred to in Section 5 of this agreement. Said addendum to include specific responsibilities of the State and the City and dollar amounts allowed for performance of said work by the State and by the City. SECTION 2. Maintenance that may be required by "Acts of God" is not covered by this agreement but shall be performed under special agreement in each specific case. Maintenance Agreement No. 6 Maintenance Agreement Between the Nebraska Department of Roads and the Municipality of Blair Municipal Extensions in Blair SECTION 3. Repair or reconstruction projects beyond the scope of normal surface maintenance, which are let to contract through the State's contract letting procedure, are considered to be beyond the scope of this Agreement. Normal surface maintenance shall include, but is not limited to the following maintenance activities: Crack Seal, Joint Seal, Fog Seal, Seal Coats, Spot patching, Pothole repair, Sweeping, Surface Milling, Concrete patching, miscellaneous full -depth concrete replacement, or Preventive maintenance. In order to facilitate repair or reconstruction of projects which are beyond the scope of normal surface maintenance, the City shall submit, on an annual basis, a long-range plan (5 years) for such projects to the State. In the event the State and/or the City should desire to do such work, the parties hereto may enter into a separate agreement for the appropriate cost sharing. SECTION 4. It is further understood that normal surface maintenance and maintenance of appurtenances by the City shall include the identifying, locating, and marking with flags of all buried municipally owned and state owned utility facilities that occupy Nebraska Department of Roads right-of-way. The above mentioned utility facilities are those that service highways referenced in this agreement and properties adjacent to the above referenced highways and will be identified, located, and marked with flags upon the request of the State or the One Call Notification Center. Identification of buried utility facilities shall follow the provisions of the One Call Notification System Act, §76-2301 through § 76-2330. (NE Rev. Stat.) SECTION 5. Only those municipal extensions of rural highways shown on the attached list marked as Attachment "C" attached hereto, and hereby made a part of this agreement shall be covered by this agreement; however, additions and deletions may be made to Attachment "C" by mutual written agreement of the parties hereto. SECTION 6. The above mentioned highways shall be inspected periodically, at least quarterly, by the Department's District Engineer or the District Operations and Maintenance Manager, or their authorized representatives, and by the City's Director of Public Works or his authorized representative to review the adequacy of the maintenance work which has been performed. -3- Maintenance Agreement No. 6 Maintenance Agreement Between the Nebraska Department of Roads and the Municipality of Blair Municipal Extensions in Blair SECTION 7. Materials used by the City in the performance work hereunder shall be selected by mutual agreement of the parties hereto. SECTION 8a. If Section 1 a or 1 b of this agreement is incorporated herein, the City will pay to the State the sum of $ Per Attachment °B° per lane mile. The above cost figures shall include all labor, equipment, tools, materials and supplies used or furnished by the State in the performance of the work on the above mentioned highways. Fractional miles or fractional months, if any, will be used in computing the amount payable in this agreement. SECTION 8b. If Section 1 c of this agreement is incorporated herein, the State will pay the City the sum of $ Per Attachment °B° per lane mile. The above cost figure price per lane mile shall include all labor, equipment, tools, materials and supplies used or furnished by the City in the performance of such work. Fractional miles or fractional months, if any, will be used in computing the amount payable in this agreement. SECTION 8c. If Section 1 d of this agreement is incorporated herein, the costs of partial maintenance by the State and by the City computed by fractional mile or fractional month and as set out in detail in Attachment "B", shall be offset to determine the amount, if any, to which one party or the other may be entitled after said offset. SECTION 8d. Payment under this agreement will be made on an annual basis after December 31, as soon as possible after submission by the State to the City or the City to the State, as the case may be, of a Certificate approved by the District Engineer of the State, providing all work has been done during the period for which payment is made in full conformity with the agreement. SECTION 9. Upon the failure of the City to perform any of the work named herein under the terms of this agreement, the Director or District Engineer of the State may, with concurrence of the City's Director of Public Works, do and perform such work or cause it to be done and performed and may retain from any monies then due to the City or thereafter becoming due, any such amount as is required for the completion of such work, provided, however, that this -4- Maintenance Agreement No. 6 Maintenance Agreement Between the Nebraska Department of Roads and the Municipality of Blair Municipal Extensions in Blair paragraph shall not be construed to relinquish any rights of action which may accrue in behalf of either party as against the other for any breach of agreement. SECTION 10. It is further understood that all persons working on such highways are employees of the State, City or of contracted third parties. All contracts and agreements made by the City with third parties for the performance of any work to be done under this agreement shall be subject to the terms of this agreement and shall comply with all State laws and requirements relating to construction and maintenance contracts. SECTION 11. The City agrees to keep existing and new right-of-way free of encroachments, except those authorized by permit from the City and approved by the State and Federal Highway Administration (FHWA). SECTION 12. The City agrees to abide by the provisions of the Nebraska Fair Employment Practices Act, as provided by Neb. Rev. Stat. § 48-1101 through § 48-1126. SECTION 13. The parties do further agree, anything to the contrary herein notwithstanding, that the Director -State Engineer of the State of Nebraska, either in his individual or official capacity, shall not be responsible or liable in any manner to the City or to any other person or persons whatsoever for any claim, demand, action or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the negligent performance and completion of the work and improvements provided for herein by the City or its agents or arising out of any contract let by the City for the performance of any of the work provided herein. SECTION 14. The City indemnifies, saves and holds harmless the State and all of its departments, agents, and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reasons of the execution or performance of the work provided for herein by the City or its agents and further agrees to defend at its own sole cost and expense any action or proceeding commenced for the purposes of asserting any claim of whatsoever character arising hereunder as a result of work performed by the City or its agents. -5- Maintenance Agreement No. 6 Maintenance Agreement Between the Nebraska Department of Roads and the Municipality of Blair Municipal Extensions in Blair SECTION 15. This agreement shall not be construed as a relinquishment by the State of any powers or control it may have over the herein before described highways. SECTION 16. This agreement shall terminate December 31, 2017 , except that it may be renewed for one year at a time and each January 1 thereafter for up to four additional years by written concurrence of both parties hereto. After five years, a new agreement must be executed. The lane mile payment provided in Section 8 hereof may be renegotiated to the satisfaction of both parties at any renewal date. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City this ILI day of ri!° ' (" , 2017. ATTEST: City Clerk CITY OF BLAIR O YIN M o EXECUTED by the State this day of UCjj 2017. STATE OF NEBRASKA DEPARTMENT OF ROf ct Engi er / '�'j - (including, but not limited to, sidewalks, storm sewers, guardrails, handrails, steps, curb or grate inlets, driveways, fire plugs, or retaining walls) Mowing of the right-of-way, right-of-way City City City City or Village maintenance and snow removal. Bridges from abutment to abutment, except Department Department Department Department appurtenances. Maintenance Responsibility Neb. Rev. Stat. § 60-6,120 & § 60-6,121 Metropolitan Primary 1st Class 1st Class 2nd Class Maintenance Operation Cities Cities Cities Cities Cities Neb. Rev. Stat. 4 39-1339 (Omaha) (Lincoln) > 40.000 < 40,000 Pavement markings limited to lane lines, City City City Department Department centerline, No passing lines, and edge lines on all connecting links except state maintained freeways Miscellaneous pavement marking, City City City City City including angle and parallel parking lanes, pedestrian crosswalks, school crossings, etc. Maintenance and associated power NEBR I ®® costs of traffic signals and roadway lighting as referred to in original project Good Life. Great Journey. agreement. Procurement, installation and City City DEPARTMENT OF ROADS maintenance of guide and route Attachment "A" marker signs MAINTENANCE OPERATION AND RESPONSIBILITY Procurement, installation and City City City Department Department maintenance of regulatory and Municipal extensions and connecting links warning signs. (Streets Designated Part of the State Highway System excluding Freeways) .? Maintenance Responsibility Neb. Rev. Stat. § 39-2105 Metropolitan Primary 1st Class 2nd Class Maintenance Operation Cities Cities Cities Cities & Villages Neb. Rev. Stat. S 39.1339 (Omaha) (Lincoln) Surface maintenance of the traveled Department Department Department Department way equivalent to the design of the rural highway leading into municipality. Surface maintenance of the roadway City City City City exceeding the design of the rural highway leading into the municipality including shoulders and auxiliary lanes. Surface maintenance on parking lanes. City City City Department Maintenance of roadway appurtenances City City City City or Village (including, but not limited to, sidewalks, storm sewers, guardrails, handrails, steps, curb or grate inlets, driveways, fire plugs, or retaining walls) Mowing of the right-of-way, right-of-way City City City City or Village maintenance and snow removal. Bridges from abutment to abutment, except Department Department Department Department appurtenances. Maintenance Responsibility Neb. Rev. Stat. § 60-6,120 & § 60-6,121 Metropolitan Primary 1st Class 1st Class 2nd Class Maintenance Operation Cities Cities Cities Cities Cities Neb. Rev. Stat. 4 39-1339 (Omaha) (Lincoln) > 40.000 < 40,000 Pavement markings limited to lane lines, City City City Department Department centerline, No passing lines, and edge lines on all connecting links except state maintained freeways Miscellaneous pavement marking, City City City City City including angle and parallel parking lanes, pedestrian crosswalks, school crossings, etc. Maintenance and associated power costs of traffic signals and roadway lighting as referred to in original project agreement. Procurement, installation and City City City Department Department maintenance of guide and route marker signs Procurement, installation and City City City Department Department maintenance of regulatory and warning signs. .? Good Life. Great Journey. DEPARTMENT of ROADS ® Surface Maintenance City Maintenance Agreement Attachment B City of: Blair Date: 1/1/17 From Attachment "C", it is determined that the State's responsibility for surface maintenance within the City limits is 18.60 lane miles. Pursuant to Sections 1c, 8b, 8d of the Agreement and to Attachment "C" made part of this Agreement through reference, the State agrees to pay to the City the sum of $1,575.00 per lane mile for performing the surface maintenance on those lanes listed on Attachment "C". Amount due the City for surface maintenance: 18.60 lane miles x $1,575.00 per lane mile = $29,295.00. ❑ Snow Removal From Attachment "A", it is determined that snow removal within City limits is the responsibility of the City. Pursuant to Section 8d of the Agreement and to Attachment °C" made a part of this Agreement through reference, the City agrees to pay to the State the sum of $ per lane mile for performing snow removal on those lanes listed on Attachment "C". Amount due the State for snow removal: lane miles x $ per lane mile = $ ® Other (Explain) Reimbursement for 1 flagging station for repairs in the roundabout caused by normal wear and tear or by acts of God. The reimbursement rate will be $29.92 per hour for the flagging station. The City of Blair will invoice the State for the pre -approved cost. DR Form 504, August 2016 Attachment "C" Page 1 of 1 STATE OF NEBRASKA DEPARTMENT OF ROADS RESPONSIBILITY FOR SURFACE MAINTENANCE OF MUNICIPAL EXTENSIONS Neb. rev. Stat. 39-1339 and Neb. Rev. Stat. 39-2105 TOTAL TOTAL HWY REF POST LENGTH DRIVING LANE RESPONSIBILITY DESCRIPTION NO. FROM TO IN MILES LANES MILES STATE CITY Southwest City Limits to Roundabout 30 445.55 446.35 0.80 2 1.60 1.60 Roundabout to Industrial Park Dr. 30 446.35 449.90 3.55 4 14.20 7.10 7.10 Industrial Park Dr.to East City Limits 30 449.90 450.55 0.65 2 1.30 1.30 South City Limits to East Jct. Hwy 30 75 113.91 114.97 1.06 4 4.24 2.12 2.12 West Jct. Hwy 30 to 23rd Street 75 115.46 116.20 0.74 4 2.96 1.48 1.48 23rd Street to North City Limits 75 116.20 116.59 0.39 2 0.78 0.78 West City Limits to Jct Hwy 30 91 229.26 230.49 1.23 2 2.46 2.46 South City Limits to Jct Hwy 30 133 18.39 19.27 0.88 2 1.76 1.76 Total Lane Miles 29.30 18.60 10.70 City of Blair NEBRASKA Good Life, Great Journey. MMURENRE t•a Maintenance Agreement No. 6 QE 1123 Supp 4 Maintenance Agreement between the Nebraska Department of Roads and the Municipality of Blair Municipal Extensions in Blair We hereby certify that all roadway snow removal and/or surface maintenance has been accomplished as per terms of the Maintenance Agreement specified above. As per Section 8d of the Agreement, we are submitting this certificate to District Engineer Timothy W. Weander, Department of Roads, Blair, Nebraska. ATTEST: z day of , 2016. City Cleric MayorlDesign I hereby certify that all roadway snow removal and/or surface maintenance was performed as per the above listed agreement and payment for the same should be made. District Engineer, Department of Roads Agreement No.: _ Pay/Bill Code: _ Contractor No.: Amount: DR Form 506, October 2016