2021-41RESOLUTION NO. 2021-41
COUNCIL MEMBER SHEPARD 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 Transportation 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 Transportation, effective January 1, 2011, is hereby adopted and
approved by the municipality for the calendar year 2021 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 SHEPARD MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH
SAID MOTION WAS SECONDED BY COUNCIL MEMBER SCHANK. UPON ROLL CALL, COUNCIL
MEMBERS SCHANK, ENSEN, HALL, WILLIS, RUMP, STEWART AND SHEPARD VOTING "AYE",
AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND APPROVED THIS 23RD DAY OF NOVEMBER 2021.
CITY OF BLAIR, NEBRASKA
BY
RICHARD HANSEN, MAYOR
ATTEST:
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 and
adopted at a regular meeting of the Mayor and City Council of said City, held on the 23rdh day of
November, 2021.
it 6 P
_ g
BRENDA WHEELER, CITY CLERK
NEBRASKA AGREEMENT RENEWAI
Good Life. Great Journey.
DEPARTMENT OF TRANSPORTATION
Maintenance Agreement i1o. 6
Municipality of Blair
Municipal Extensions in Blair
111' 1, FMIF I "M IFIVIIIIIII! RRIIIII INS 183=
All figures, terms to remain in effect as per the original agreement dated January 1, 2016
with annex changes noted on attachments B and C attached hereto.
In witness whereof, the parties hereto have caused these presents to be executed by
1 11 1
U=1111-111:I1111glillig 11111��113M III M��
Executed by the City this 2,3 day of x 02-1
ATTEST: City of Blair ,
City ClerklWitness; MayonDesignee
Executed by the State this day of
ATTEST: State of Nebraska
District Engineer, Department of *transportation
N E_R R/A% KA
Good Life. Great Journey
DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF COMPLIANCE
Maintenance Agreement No. 6 QE 1123 Supp 3
Maintenance Agreement between the Nebraska Department of Transportation 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 Transportation, Blair, Nebraska.
ATTEST:
2113
day of
City Clerk Mayor/Designee
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.
Agreement No.:
Pay/Bill Code:
Contractor No.:
Amount:
NDOT Form 508, August 17
S
District Engineer, Department of Transportation
NEBRASKA
Good Life. Great Journey.
DEPARTMENT OF ROADS
Attachment "A"
MAINTENANCE OPERATION AND RESPONSIBILITY
Municipal extensions and connecting links
(Streets Designated Part of the State Highway System excluding Freeways)
Maintenance Responsibilitv
Neb. Rev. Stat. § 39-2105
Metropolitan Primary 1st Class 2nd Class
Maintenance Operation Cities Cities Cities Cities & Villages
Neb Rev. Stat 4 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 Responsibilitv
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
centerline, No passing lines, and
edge lines on all connecting links
except state maintained freeways
Miscellaneous pavement marking, 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
maintenance of guide and route
marker signs
Procurement, installation and City City City
maintenance of regulatory and
warning signs.
Department Department
City City
Department Department
Department Department
City Maintenance Agreement
INE ® _\ Attachment B
Good Life. Great Journey. City of:
Blair
DEPARTMENT OF TRANSPORTATION Date: 1/1/22
® Surface Maintenance
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 la, 8a, 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 $2,100.00 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 $2,100.00 per lane mile = $39,060.00.
❑ 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
NDOT Form 504, August 17
Attachment "C"
Page 1 of 1
STATE OF NEBRASKA City of Blair
DEPARTMENT OF TRANSPORTATION
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
nFSCRIPTION 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
18.83
19.27
0.44
4
1.76
1.76
Total Lane Miles
29.30
18.60
10.70
b
;�/se of
INVOICE
CITY OF BLAIR
218 S 16" St
Blair, NE 68008
402-426-4191
BILL TO: NEBRASKA DEPT OF TRANSPORTATION Invoice #: 2809
1500 HIGHWAY 2 Invoice Date: 11/29/2021
LINCOLN NE 68502 Payment Due: 12/14/2021
Make all checks payable to City of Blair.
Please return the portion below with your payment.
REMITTANCE
Invoice #
2809
Customer:
NE DEPT OF
TRANSPORTATION
Amount Due
$ 39,060.00
Amount Enclosed
$
Internal Use: MISC-BL
Remit Payment to: CITY OF BLAIR
218S16ffiSt
Blair, NE 68008
402-426-4191
Maintenance Agreement No. 6
Maintenance Agreement Between
the Nebraska Department of Roads
and the Municipality of Blair
Municipal Extensions in Blair
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, 2022.
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 1 d. 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.
-2-
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 S. 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
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, 2022, 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 6 day of r O -(Li , 2022.
ATTEST:
City Clerk
CITY OF BLAIR
Mayor
EXECUTED by the State this I — day of 2022.
STATE OF NEBRASKA
DEPARTMENT OF ROADS
District Engine�x
Maintenance Responsibility
Neb. Rev. Stat. § 60-6,120 & § 60-6,121
Metropolitan Primary 15t Class 1s' Class 2nd Class
Maintenance Operation Cities Cities Cities Cities Cities
Neb Rev. Stat 6 39-1339 (Omaha) (Lincoln) > 40,000 < 40.000
Pavement markings limited to lane lines, City City
centerline, No passing lines, and
edge lines on all connecting links
except state maintained freeways
Miscellaneous pavement marking, 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
maintenance of guide and route
marker signs
Procurement, installation and City City
maintenance of regulatory and
warning signs.
City Department Department
City
City
City
City City
Department Department
Department Department
NEBRASKA
Good Life. Great Journey.
DEPARTMENT OF ROADS
Attachment "A"
MAINTENANCE OPERATION AND RESPONSIBILITY
Municipal extensions and connecting links
(Streets Designated Part of the State Highway System excluding Freeways)
Maintenance Responsibility
Neb. Rev. Stat. § 39-2105
Metropolitan Primary
1st Class
211 Class
Maintenance Operation
Cities Cities
Cities
Cities & Villages
Neb Rev. Stat 4 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 15t Class 1s' Class 2nd Class
Maintenance Operation Cities Cities Cities Cities Cities
Neb Rev. Stat 6 39-1339 (Omaha) (Lincoln) > 40,000 < 40.000
Pavement markings limited to lane lines, City City
centerline, No passing lines, and
edge lines on all connecting links
except state maintained freeways
Miscellaneous pavement marking, 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
maintenance of guide and route
marker signs
Procurement, installation and City City
maintenance of regulatory and
warning signs.
City Department Department
City
City
City
City City
Department Department
Department Department
City Maintenance Agreement
NEBRASKA Attachment B
Good Life. Great Journey. City of:
Blair
DEPARTMENT DP TRANSPORTATION Date: 1/1/22
® Surface Maintenance
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 1a, 8a, 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 $2,100.00 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 $2,100.00 per lane mile = $39,060.00.
❑ 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
NDOT Form 504, August 17
Attachment "C"
Page 1 of 1
STATE OF NEBRASKA City of Blair
DEPARTMENT OF TRANSPORTATION
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
18.83
19.27
0.44
4
1.76
1.76
Total Lane Miles
29.30
18.60
10.70