2019-21RESOLUTION 2019-21
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION:
NDOR AGREEMENT AMENDMENT WITH THE CITY OF BLAIR, NEBRASKA FOR
THE NECESSARY REPAIRS TO HIGHWAY 91 AGREEMENT NUMBER ZL1903
Whereas: The City of Blair, Nebraska and the Nebraska Department of Transportation wish to
enter into an agreement amendment to install a new crosswalk with a rectangular rapid flashing
beacon sign at the 23rd Street and Highway 91intersection. NDOT will design and have the
rectangular rapid flashing beacon installed as a part of the Highway 91 (Project Number NH -91-
7(111) Control Number 22590 improvements. The City of Blair will be responsible for the
maintenance of the RRFD with parts supplied by NDOT for cost,
Whereas: City of Blair understands it will be responsible for 20% of the construction cost for
RRFD and NDOT will be responsible for 80% of the construction cost,
Be It Resolved: by the City Council of the City of Blair, Nebraska that:
Richard Hansen, Mayor of the City of Blair, Nebraska is hereby authorized to. sign the attached
project agreement between the City of Blair and Nebraska Department of Transportation.
NDOR Project Number: NH -91-7(111)
NDOR Control Number: 22590
Project Location: Highway 91 at 23rd Street Intersection, Blair, Nebraska
COUNCIL MEMBER ANDERSEN MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER RUMP. UPON
ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, WILLIS, RUMP, ANDERSEN,
JENSEN, HALL AND WOLFF VOTING "AYE", AND COUNCIL MEMBERS NONE
VOTING "NAY", TIE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 13TH DAY OF AUGUST 2019.
CITY OF BLAIR, NEBRASKA
BY
RICHARD HANSEN, MAYOR
ATTEST:
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDAWHEELER, 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 at a
regular meeting of the Mayor and City Council of said City held on the 13th day of August 2019.
BRENDA WHEELER, CITY CLERK
NEBRASKA
Good Life. Great Journey.
DEPARTMENT OF TRANSPORTATION
STATE OF NEBRASKA, DEPARTMENT OF TRANSPORTATION
CITY OF BLAIR
PROJECT NO. NH -91-7(111)
CONTROL NO. 22590
HIGHWAY N-91 IN BLAIR
REPLACING EXISTING PEDESTRIAN SIGNAL WITH
RECTANGULAR RAPID FLASHING BEACON
AGREEMENT NO. ZL1903
THIS AGREEMENT is between City of Blair, a municipal corporation of the State of Nebraska
("Municipality"), and State of Nebraska, Department of Transportation ("State"), collectively
referred to as the "Parties".
WITNESSETH:
WHEREAS, State has plans to replace the existing pedestrian signal between 22nd and 231d Street
in Blair and replace with solar Rectangular Rapid Flashing Beacon (RRFB); and
WHEREAS, State intends that the improvement be developed and constructed under the
designation of Project No. NH -91-7(111); and
WHEREAS, State is provided with total jurisdiction in matters involving the installation and
operation of Traffic Control devices on State Highway extensions through such corporate areas as
provided by Neb. Rev. Stat. § 60-6,120; and
WHEREAS, this improvement is located on a portion of Highway N-91 between 22nd and 23rd
within Municipality corporate limits; and
WHEREAS, the Parties intend that this Agreement describe certain roles and responsibilities
applicable to this project; and
Page 1 of 5
WHEREAS, it is the desire of Municipality that the improvements described in this Agreement be
made; and
WHEREAS, the Parties agree to participate in the actual costs of such replacement in accordance
with the conditions herein provided; and
WHEREAS, Federal Regulations provide that Municipalities shall not profit or otherwise gain from
local property assessments that exceed Municipalities' share of project costs; and
WHEREAS, City Council has authorized the Mayor to sign this Agreement, as evidenced by the
Resolution of City Council dated the y` day of �A ( + , 2019, attached
as Exhibit "A", and incorporated herein by this reference.
NOW THEREFORE, in consideration of these facts and the mutual promises of the Parties hereto,
the Parties agree as follows:
SECTION 1. STATE'S RESPONSIBILITIES
State agrees to:
1.1 Prepare plans and specifications for the beacon removal and replacement.
1.2 Provide and install all necessary signs and pavement markings associated with the
proposed installation at no cost to the Municipality.
1.3 Install the equipment and all other materials and miscellaneous items required to complete
the subject beacon system.
1.4 To make available to Municipality any repair or replacement parts stocked by the
State, for repair of the RRFB system, if such parts are not readily available from other
sources. When such repair or replacement parts are provided, they will be furnished to
Municipality at actual costs of State. Municipality agrees to reimburse State for such
costs within thirty days of receipt of invoice.
1.5 State will retain ownership of the rectangular rapid flashing beacon system if such
system is removed by Municipality in accordance with subsection 2.6.
1.6 To replace the RRFB with a standard flashing beacon should, at any time in the
future, the Federal Highway Administration determine that RRFB systems are no
longer an approved traffic control device.
SECTION 2. MUNICIPALITY'S RESPONSIBILITES
Municipality agrees:
2.1 To maintain the RRFB and pavement markings in good condition at no cost to State.
Project No. NH -91-7(111) Page 2 of 4
Control No. 22590 Agreement No. ZL1903
Highway N-91 in Blair
2.1 To be responsible for paying the cost of all power required for the operation of the RRFB
system.
2.3 To operate, maintain, and keep in good repair the entire RRFB system. All repair or
replacement parts and materials used in the maintenance of the RRFB system shall
comply with State specifications and standards.
2.4 That if Municipality performs any part of the work on this project itself, Municipality agrees
to abide by the provisions of the Nebraska Fair Employment Practices Act as provided by
Neb. Rev. Stat.§48-1101 through 48-1126.
2.5 To set the RRFB system operation and flashing rate and sequence as defined by the
Federal Highway Administration in MUTCD IA -21. Municipality further agrees to determine
the duration of the RRFB operation following each actuation based on the procedures
provided in Section 4E.06 of the 2009 MUTCD for the timing of pedestrian clearance times
for pedestrian signals
2.6 To remove the rectangular rapid flashing beacon equipment if the conditions change and
the rectangular rapid flashing beacon system is no longer considered warranted by the
State.
SECTION 11 FINANACIAL RESPONSIBILITIES
Municipality agrees to pay for 20 percent of the actual cost for preliminary engineering,
construction and construction engineering for the improvements. The total cost for this RRFB
within Municipality corporate limits is currently estimated to be $20,000, with Municipality's
estimated 20% share estimated to be $4,000. State will invoice Municipality upon completion of
the installation. Municipality shall pay State within thirty days after receipt of State's invoice.
SECTION 12. ENTIRE AGREEMENT
This instrument, and any supplements hereto, embodies the entire agreement of the Parties;
however, provisions of prior agreement(s) between the Parties concerning the applicable
segment of State Highway N-91 shall remain in effect except to the extent the provisions of the
prior agreement(s) conflict with this Agreement.
[Remainder of Page Intentionally Left Blank]
Project No. NH -91-7(111) Page 3 of 4
Control No. 22590 Agreement No. ZL1903
Highway N-91 in Blair
IN WITNESS WHEREOF, the Parties hereby execute this Agreement pursuant to lawful
authority as of the date signed by each party.
EXECUTED by Municipality this /3 day of tis 2019.
WITNESS:
City Clerk
CITY OF BLAIR
Mayor
EXECUTED by State this'`' day of_SnJ+e--" 6e' , 2019.
STATE OF NEBRASKA
DEPARTMENT OF TRANSPORTATION
Daniel J. Waddle, P.E.
Engineer
Pa
--
RECOMMENDED:
Timothy W. Weander, P.E.
Project No. NH -91-7(111)
Control No. 22590
Highway N-91 in Blair
Page 4 of 4
Agreement No. ZL1903
RESOLUTION 2019-21
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION:
NDOR AGREEMENT AMENDMENT WITH THE CITY OF BLAIR, NEBRASKA FOR
THE NECESSARY REPAIRS TO HIGHWAY 91 AGREEMENT NUMBER ZL1903
Whereas: The City of Blair, Nebraska and the Nebraska Department of Transportation wish to
enter into an agreement amendment to install a new crosswalk with a rectangular rapid flashing
beacon sign at the 23rd Street and Highway 91intersection. NDOT will design and have the
rectangular rapid flashing beacon installed as a part of the Highway 91 (Project Number NH -91-
7(111) Control Number 22590 improvements. The City of Blair will be responsible for the
maintenance of the RRFD with parts supplied by NDOT for cost,
Whereas: City of Blair understands it will be responsible for 20% of the construction cost for
RRFD and NDOT will be responsible for 80% of the construction cost,
Be It Resolved: by the City Council of the City of Blair, Nebraska that:
Richard Hansen, Mayor of the City of Blair, Nebraska is hereby authorized to sign the attached
project agreement between the City of Blair and Nebraska Department of Transportation.
NDOR Project Number: NH -91-7(111)
NDOR Control Number: 22590
Project Location: Highway 91 at 23rd Street Intersection, Blair, Nebraska
COUNCIL MEMBER ANDERSEN MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER RUMP. UPON
ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, WILLIS, RUMP, ANDERSEN,
JENSEN, HALL AND WOLFF VOTING "AYE", AND COUNCIL MEMBERS NONE
VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 13TH DAY OF AUGUST 2019.
CITY OF BLAIR, NEBRASKA
BY �2 /��
RICHA HANSEN, MAYOR
ATTEST:
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDAWHEELER, 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 at a
regular meeting of the Mayor and City Council of said City held on the 13th day of August 2019.
BRENDA WHEELER, CITY CLERK