2017-Highway 30 Sanitary Sewer RepairsRESOLUTION 2017- 35
AGREEMENT BETWEEN CITY OF BLAIR AND NEBRASKA DEPARMENT OF
TRANSPORTATION
COUNCIL MEMBER STEWART INTRODUCED RESOLUTION 2017-35
Whereas: City of Blair and Nebraska Department of Transportation (NDOT) have determined that the
sanitary sewer repairs on Highway 30 inside the Blair city limits were necessary and were of an emergency
nature;
Whereas: The NDOT and the City of Blair must enter an agreement to allow for the reimbursement for
these project expenses to the City of Blair;
Whereas: City of Blair and NDOT wish to enter Project Agreement setting the procedures and limits for
the reimbursement of those expense;
Be It Resolved: by the City Council of the City of Blair, Nebraska that: James Realph, Mayor of the City
of Blair, Nebraska is hereby authorized to sign the attached Project Agreement between the City of Blair
and the NDOT.
NDOR Project Number: STPD 133-3(103) AKA NH -30-7-(113)
NDOR Control Number: 21791A AKA 21760
Project: Sanitary Sewer Repairs
COUNCIL MEMBER STEWART MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID
MOTION WAS SECONDED BY COUNCIL MEMBER SHEPARD. UPON ROLL CALL, COUNCIL
MEMEBERS VOTING "AYE" STEWART, SHEPARD, WILLIS, WOLFF, ANDERSEN AND JENSEN AND
COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FORGOING RESOLUTION
PASSED AND ADDOPTED THIS 26TH DAY OF SEPTEMBER 2017.
CITY OF BLAIR, NEBRASKA
B
J REALPH, MAYOR
ATTEST:
F
BRENDA WHEELER, CITY CLERK
(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 26th day of Se tember, 2017.
BRENDA WHEELER, CITY CLERK
AGREEMENT
STATE OF NEBRASKA, DEPARTMENT OF TRANSPORTATION
CITY OF BLAIR
PROJECT NO. STPD 133-3(103) AKA NH -30-7(113)
CONTROL NO. 21791A AKA 21760
SEWER LINE REPAIRS
BLAIR SOUTH
VR 0133 SUPPLEMENT NO, 2
THIS AGREEMENT, made and entered into by and between City of Blair hereinafter
referred to as the "City" and the State of Nebraska, Department of Transportation, hereinafter
referred to as the "State".
WITNESSETH:
WHEREAS, the State has plans for the PLANS Information,
WHEREAS, said construction will be undertaken under the project designation and
WHEREAS, the City owns and operates a sewer facility along and adjacent to a portion of
this project, some of which is resting outside of the limits of the old highway right of way and on
private property, and
WHEREAS, because of the widened right of way which the State has acquired for the
new construction, and because of the construction itself, it becomes necessary for the City to
adjust some, if not all, of its facility along this project, and
WHEREAS, the City is willing to rehabilitate its facility where necessary in accordance
with the conditions hereinafter provided in this agreement, and
WHEREAS, the State is willing to reimburse the City for its nonbetterment costs to
rehabilitate its facilities when the City facility is presently located outside of the old public right-
of-way and on private property, and
WHEREAS, the State is willing to pay the City for eligible nonbetterment expenses
incurred in connection with the rehabilitation of its facilities as provided by Federal -Aid Policy
Guide 23 CFR 645A, "Utility Relocations, Adjustments and Reimbursement", and Federal -Aid
Policy Guide, 23 CFR 6458, "Accommodation of Utilities" issued by the Federal Highway
Administration.
NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows:
SECTION 1. The City hereby agrees to furnish, or cause to be furnished, all of the tools, labor,
equipment and materials necessary for the rehabilitation of its facility as made necessary by
construction.
R 01
�Vye- I- I
SECTION 2. The description of work to be performed and the estimate of costs prepared by the
City have been approved by the State and are hereby made a part of this agreement. These
items are attached as Exhibit "B". The total amount of this estimate is $163,361.25 of which
$163,361.25 is the share of the cost chargeable to the State. It is expressly understood that
notwithstanding this estimate the State will reimburse the City for 100% of its actual
nonbetterment expenses less any credits for salvaged or junked materials.
SECTION 3. The City agrees, as a part of the above described estimate to advise the State as
to the method which will be used in accumulating the actual costs. If this method is prescribed
by a Federal or State regulatory body, a statement to that effect shall be made by the City. If
the accounting method is not prescribed by an agency of the State or Federal Government, it
shall be described in the City's estimate and be approved as a part of this agreement.
SECTION 4. The City may submit progress billings for the portions of its rehabilitation that have
been completed. The City agrees not to submit progress billings for amounts less than
$2,500.00. The State will make progress payments, based upon satisfactory prosecution of
work, for 95 percent of the amount billed. The State will limit its payments to 95 percent of the
approved estimate referenced in Section 2 of this agreement pending the results of the final cost
audit. The State will make every effort to pay the City within thirty days of receipt of the City's
invoice.
SECTION 5. If the City wants to let a construction contract, the City shall do the following:
A. Comply with State public bidding statutes. If the City solicits bids from a list of
known contractors, the list must be submitted to the State for concurrence prior to
the soliciting of bids.
B. Submit the bid proposal, plans and construction schedule to the State for approval
prior to letting a contract.
C. Require the contractor to abide by the provisions of the Nebraska Fair Employment
Practices Act as provided by Neb.Rev.Stat. §48-1101 through 48-1126
(Reissue 2004), as amended, and all regulations relative to nondiscrimination in
federally assisted programs of the Department of Transportation, Title 49 CFR,
Parts 21 and 27 as set forth in Exhibit "A" attached hereto and made a part of this
agreement.
D. Submit a copy of the bids received and the City's recommendation of award to the
State for concurrence prior to any award.
Project No. STPD 133-3(103) -2-
AKA
2 -
AKA NH -30 7(113)
Control No. 21791A AKA 21760
E. Require any contractor or subcontractor engaged under this agreement to fully
comply with the provisions of the Nebraska Employment Security Law as provided
by Neb.Rev.Stat. §48-601 through 48-671 (Reissue 2004), as amended, and the
same are incorporated herein by this reference.
SECTION 6. It is agreed and understood by the parties hereto that Federal -Aid Policy Guide
23 CFR 645A, "Utility Relocations, Adjustments and Reimbursement", and Federal -Aid Policy
Guide, 23 CFR 645B, "Accommodation of Utilities" issued by the U.S. Department of
Transportation, Federal Highway Administration, as supplemented, revised or updated
heretofore, is hereby expressly made a part of and incorporated into this agreement by this
reference.
SECTION 7. In consideration of the payment as mentioned in Section 2 of this agreement the
City agrees to relinquish or subordinate sufficient property rights or interests that it may have in
property upon which it has an easement or similar right that will be occupied by the proposed
highway improvement as are necessary for the construction, operation and maintenance of the
highway facility.
SECTION 8. All traffic controls must comply with the latest edition of the Manual on Uniform
Traffic Control Devices (MUTCD). If the State furnishes the City a traffic control plan, the City
must comply with the plan. The State has the right to shut down a City work area not in
compliance with the -Manual on Uniform Traffic Control Devices.
SECTION 9. The City shall comply with the regulations relative to nondiscrimination in
federally -assisted programs of the Department of Transportation, Title 49 CFR, Parts 21 and 27,
as set forth in Exhibit "A" attached hereto and hereby made a part of this agreement.
SECTION 10. The City agrees that it and any contractor or subcontractor engaged under this
agreement will fully comply with the provisions of the Nebraska Employment Security Law as
provided by Neb,Rev.Stat. §48-601 through 48-671 (Reissue 2004).
SECTION 11. The City agrees that the billing will be prepared and submitted in a manner to
allow comparison with the approved estimate.
SECTION 12. BUY AMERICA LAW
BUY AMERICA REQUIREMENT — STEEL AND IRON PERMANENTLY INCORPORATED IN THE
WORK
12.1 Overview. The Parties agree that all steel and iron permanently incorporated into Utility's
relocation project must be manufactured or produced, including the application of coatings, in the
United States, as required under the federal Buy America requirements of 23 USC § 313 and
Project No. STPD 133-3(103) - 3 -
AKA NH -30 7(113) 1 1,U
Control No. 21791A AKA 21760 4�
applicable regulations, including but not limited to 23 CFR § 635.410 and guidance of the Federal
Highway Administration.
12.2 Duties of Utility. Utility agrees to fully comply with all federal Buy America requirements
applicable to this Federal -aid transportation project and to not incorporate into utility facility
relocation any materials, supplies, parts or equipment that do not fully comply with all Buy America
requirements.
12.3 Process and Documentation Requirements. Utility shall not accept delivery of any iron or
steel to be incorporated in the work without a certification from the supplier or provider stating that
the iron or steel complies with the federal Buy America requirements. Utility shall immediately notify
State if Utility becomes aware that steel or iron was permanently incorporated into the work without a
proper certification of compliance with the Buy America requirements. When requested, Utility shall
take any or all actions deemed necessary by State to remedy non-compliance or to prove
compliance with the Buy America provisions. Utility shall retain and make readily available to State
or FHWA, all Buy America documentation, including but not limited to, certifications, for ten years
following final payment to Utility. The requirements of this section do not include (a) products for
which Buy America waivers have been granted under 23 CFR § 635.410 or other applicable
provisions or (b) materials excluded from the Buy America requirements, including but not limited to,
the following: Assembly materials, attachment materials, miscellaneous electronics and hardware,
encasements, fittings, associated materials required for maintenance, materials associated with
temporary utility relocation, materials necessary to repair equipment that was discovered or
damaged during construction and requires immediate action to restore to safe condition or to
minimize adverse public impact, and existing utility materials that are relocated from one location to
another within project limits.
The following definitions of materials that are not subject to BA apply to utilities:
. • Assembly Materials (miscellaneous steel) — The collection of miscellaneous materials used
to fasted, hold, attach, secure and/or assemble materials including but not limited to nuts,
bolts, U -bolts, screws, washers, clips, fittings, sleeves, lifting hooks, mounting brackets, pole
steps, clamps, brackets, mountings, straps, fasteners, hooks, pins, braces, disks, clevises,
couplers, swivels, snaps, crimps, trunnions, dead -ends, compression swages, and other
miscellaneous materials used to assemble.
• Attachment Materials — An item or material that is not an integral part or permanently
attached to the pole, pipe, or valve. Cross arms are an exception to this rule and do not
qualify as attachment materials. Attachment materials include but are not limited to, cross
arm bracing, insulators, avian equipment, miscellaneous hardware (defined below), fittings
Project No. STPD 133-3(103) -4-
AKA
4 -
AKA NH -30 7(113)
Control No. 21791 A AKA 21760 .
e- _'t `7
racks, ladders, encasements, guy wire, strand, conductors and tubing 0.75 inch diameter or
less.
• Conductor — A material (specifically wires and cables) that allows the flow of energy including
electricity, heat, data, audio/video transmissions, etc.
• Encasements — Include cabinets, housings, boxes, vaults, covers, shelves, and other items
used to protect or house equipment or miscellaneous electronics.
• Fittings— Individual parts used to join, adjust or adapt a system of pipes including but not
limited to, elbows, tees, wyes, crosses, nipples, reducers, end caps, couplers, o -lets,
transitions, connectors (steady state, seismic and flexible), unions, mechanical flanges (not
permanently affixed to the pipe), bushings, ferrules, gaskets, O -rings, plugs, or taps.
• Maintenance — An action or application of materials necessary to keep a system functioning
safely and at optimal capacity; general up -keep.
• Miscellaneous Electronics — Manufactured products or assemblies consisting of many
components such as electronic equipment, routers, switches, radios, processors, power
supplies, batteries, antennas, splice cases, pre-connectorized hubs and terminals, and
cross -boxes.
• Miscellaneous Hardware — An assembly of small parts that are compiled to form a finished
product that is often used independently or as an attachment material, including but not
limited to, transformers, locks, switches, cutouts, regulators, gauges, meters, barometers,
strainers, filters, pilots, arrestors, insulators, ball bearings, dampeners, needle valves,
braces, pipe supports, actuators, motors, and pumps.
12.4 Reimbursement. Utility shall provide to State copies of all certifications received when Utility
submits invoice(s) for payment. Utility agrees that State will not pay any invoices submitted by Utility
if Utility cannot prove compliance with the Buy America requirements for federal -aid transportation
projects. Utility shall repay State all funds previously paid by State to Utility in the event State
subsequently determines Utility has not met the federal Buy America requirements.
12.5 Non -Compliance. Utility understands that State will not monitor Utility's project or Utility's
compliance with the federal BuyAmerica requirements.. In the event the Utility completes its project
but is unable to provide all necessary Buy America certifications, Utility may, in State's sole
discretion, be required at its sole cost to remove all non-compliant or non -certified materials and
install compliant materials.
Project No. STPD 133-3(103) -5-
AKA
5 -
AKA NH -30 7(113)
Control No. 21791A AKA 21760
®1
SOA Z-�
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 _%4q Q-� 6)6 Ll( this 210 day of �2�1 �a'i, 20 .
ATTEST:
EXECUTED by the State this 4�4 day of 4061�bm, .,201-7.
STATE OF NEBRASKA
DEPARTMENT OF TRANSPORTATION
i
Uti es Engineer Roadway De ib n ngineer
AGR17-ze
Project No. STPD 133-3(103) -6-
AKA
6 -
AKA NH -30 7(113)
Control No. 21791A AKA 21760
NONDISCRIMINATION CLAUSES
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "contractor"), agrees as follows:
(1) Compliance with Regulations: The Contractor will comply with the Regulations of the
Department of Transportation relative to nondiscrimination in federally assisted programs of
the Department of Transportation (Title 49, Code of Federal Regulations, Parts 21 and 27,
hereinafter referred to as the Regulations), which are herein incorporated by reference and
made a part of this contract.
(2) Nondiscrimination: The contractor, with regard to the work performed by it after award and
prior to completion of the contract work, will not discriminate on the basis of disability, race,
color, sex, religion or national origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The contractor will not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,
including employment practices when the contract covers a program set forth in Appendix
"A," "B," and "C" of Part 21 of the Regulations.
(3) Solicitations for Subcontracts. Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under a subcontract, including procurements of materials or equipment, each
potential subcontractor or supplier shall be notified by the contractor of the
contractor's obligations under this contract and the Regulations relative to nondiscrimination
on the ground of handicap, race, color or national origin.
(4) Information and Reports: The contractor will provide all information and reports required by
the Regulations, or orders and instructions issued pursuant'thereto, and will permit access to
its books, records, accounts, other sources of information, and its facilities as may be
determined by the State Highway Department or the Federal Highway Administration to be
pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of a contractor is in the exclusive possession of another who fails or
refuses to furnish this information, the contractor shall so certify to the State Highway
Department, or the Federal Highway Administration as appropriate, and shall set forth what
efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the State Highway Department shall impose
such contract sanctions as it or the Federal Highway Administration may determine to be
appropriate, including but not limited to,
(a) withholding of payments to the contractor under the contract until the contractor
complies, and/or
(b) cancellation, termination or suspension of the contract, in whole or in part.
(6) Incorporation of Provisions: The contractor will include the provisions of paragraph (1)
through (6) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto.
The contractor will take such action with respect to any subcontract or procurement as the
State Highway Department or the Federal Highway Administration may direct as a means of
enforcing such provisions including sanctions for noncompliance: Provided, however, that, in
the event a contractor becomes involved in, or is threatened with, litigation with a
subcontractor or supplier as a result of such direction, the contractor may request the State to
enter into such litigation to protect the interests of the State, and in addition, the contractor
may request the United States to enter into such litigation to protect the interests of the
United States.
EXHIBIT "A"
o'�33
'11/se 01 Ck—
MINE, I IIi ; 1
i
August 11, 2017 .
Rex Wilson
Nebraska Department of Roads
1500 Highway 2
PO Box 94759
Lincoln, NE 68509-4759
RE: Highway 30
Dear Rex:
The City of Blair, Nebraska identified a sanitary sewer main that was cut and lowered
without the City's knowledge along the west side of the Highway 30 widening project.
There was a 54 -inch storm sewer pipe laid across the sanitary sewer main, so it appears
the city's sewer main was lowered to provide adequate clearance for the new storm sewer
pipe. The result of this action is the city's sanitary sewer main capacity was out by 70%
causing sewer backups hl neighboring businesses. Blau found the problem when the
sewer main was televised and the offset sewer main was identified after a reported sewer
backup into a local business.
To make the necessary repairs to the sewer main the city had to remove the existing 54 -
inch storm sewer pipe, a storm sewer inlet, a portion of the southbound lane of Highway
30 and a section of the bike trail. We then had to reset the section of sanitary sewer main
to match the existing sewer main flow lines and encased the sewer line in concrete to
support the sewer pipe.. We then had to construct a box culvert that crossed on top of the
sanitary sewer main to replace the existing 54 -inch storm sewer pipe because there was
not adequate clearance for the 54 -inch storm sewer pipe to clear the city's sanitary sewer
pipe,: We did not identify any other options that were constructible including replacing
the existing 54 -inch storm sewer pipe as the pipe run would have needed to be raised
starting at the beginning of the pipe run on the far east side of the highway. There was no
other option to replace the storm sewer as the pipe run crosses the entire Highway 30 five.
lanes. The work has taken seven weeks to complete due to limited work area and access:
There are several utilities we had to work around as well.
I have enclosed copies of pictures we have taken during the work to show what was
encountered and what we did to resolve the problem. I have also enclosed a drawing
showing the storm sewer box culvert and sanitary sewer main as they now exist and lastly
included in the drawing is the replacement of the storm sewer inlet and connecting storm
Sewer pipe to the new box culvert. All work was completed per NDOT specifications.
218 South 16th Street ^ Blalr, Nebraska 68008 ^ 402-426-4191 > Fax 402-426-4195 ^ E -mall cHyofblalr@ci.blaIrne.us
Enclosed is a copy of the invoice from the contractor, material testing lab invoices and
Blau staff time for this project. The total cost to Blair for this work is $163,361.25. Blair
respectfully requests reimbursement for the entire cost of this project as it was emergency
work to restore our sanitary sewer main and stop sewer backups for neighboring
businesses.
If you need anything from me or if there are any questions, please call me at 402-426-
4191.
Sincerely,
Allen Schoemaker
Director of Public Works
fF : CITY OF GLAIR
218S16THST
BLAIR, NE 68008
° /5$
Voice: 402/426-4191
Fax: 402/426-4195
Bill To: NEBRASKA DEPARTMENT OF ROADS
REX WILSON
P O BOX 94759
LINCOLN, NE 68509-4759.
Customer ID: NE DEPT OF
ROAnS WII
114VOICE
Invoice Number: 2952
Invoice Date: 8/11/17
Page: 1
_.. custunf6r �',:. ' :..
PayonealtTermti
5a�es Rep l®.
due"®ate
Due at end of Month
8/31/17
t0e�cP¢p idea .:.
AMoun't . .
HIGHWAY 30 SANITARY SEWER REPAIR
01
Approved
006-
163,361.25
Check/Credit Memo No:
Subtotal
163,361.25
Sales Tax
Total Invoice Amount
163,361.25
Payment/Credit Applied
OTAL.
X63;361.2.
33,