2023-44RESOLUTION NO. 2023-44
SIGNING OF THE PROJECT PROGRAM AGREEMENT
COUNCILMEMBER SANDVOLD INTRODUCED THE FOLLOWING RESOLUTION:
Whereas: City of Blair is proposing a transportation project for which it would like to obtain
Federal funds; and
Whereas: City of Blair understands that it must strictly follow all Federal, State, and local laws,
rules, regulations, policies, and guidelines applicable to the funding of the Federal -aid project;
and
Whereas: City of Blair and Nebraska Department of Transportation (NDOT) wish to enter into
a new Project Program Agreement setting out the various duties and funding responsibilities for
the Federal -aid project.
Be It Resolved: by the City Council of the City of Blair that:
Mindy Rump, Mayor of the City of Blair, is hereby authorized to sign the attached Project
Program Agreement between the City of Blair and the NDOT.
City of Blair is committed to providing local funds for the project as required by the Project
Program Agreement.
NDOT Project Number: TAP -89(35)
NDOT Control Number: 22928
NDOT Project Name: River Road Connector Trail
COUNCIL MEMBER SANDVOLD MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER HIGHFILL.
UPON ROLL CALL, COUNCIL MEMBERS HIGHFILL, FERRARI, SANDVOLD, WILLIS,
WOLFF, ANDERSEN, HAFER AND PAULSEN VOTING "AYE" AND COUNCIL
MEMBERS NONE VOTING `NAY", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND APPROVED THIS 26TH DAY OF SEPTEMBER 2023.
CITY OF BLAIR, NEBRASKA
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ATTEST:
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BRENDA WHEELER, CITY CLERK
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WASHINGTON COUNTY )
BRENDA 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
September, 2023.
W
BRENDA WHEELER, CITY CLERK
NERC^^
Good Life. Great Journey.
DEPARTMENT OF TRANSPORTATION
LPA PROGRAM AGREEMENT- FEDERAL -AID FUNDS
STATE OF NEBRASKA, DEPARTMENT OF TRANSPORTATION
CITY OF BLAIR, NEBRASKA
PROJECT NO. TAP -89(35)
STATE CONTROL NO. 22928
RIVER ROAD CONNECTOR TRAIL
THIS AGREEMENT is between the City of Blair, Nebraska, a local public agency
("LPA"), and the State of Nebraska, Department of Transportation ("State"), collectively referred
to as the "Parties".
WITNESSETH:
WHEREAS, Federal -aid funds are available for transportation projects on eligible routes
within the jurisdiction of Local Public Agencies under Title 23 of the United States Code and 23
Code of Federal Regulations, and
WHEREAS, federal law requires that State act as a liaison for all Federal -aid local
transportation projects, and
WHEREAS, LPA has a proposed project on an eligible route that LPA would like to seek
Federal -aid funds to reimburse LPA for a percentage of the eligible and participating costs of the
project, and
WHEREAS, LPA desires that this project, the location of which is shown on attached
Exhibit "A", be developed and constructed under the designation of Project No. TAP -89(35)
and formally authorizes the signing of this Agreement by the Mayor, as evidenced by the
Resolution of the LPA dated the day of s2mW Y— -6 ( , 20 23 , attached as
Exhibit "B" and incorporated herein by this reference, and
WHEREAS, it is necessary for federal -aid funding and for the completion of the
environmental process, that a specific detailed project description be developed for this project;
State is beginning that process and this Agreement will be supplemented with the DR Form 530
that will include the detailed project description, and
WHEREAS, the Federal share payable on any portion of a local Federal -aid project will
be a maximum of 80 percent of the eligible and participating costs; LPA's share will be the
remaining 20 percent of the eligible and participating costs; and LPA will also be responsible for
all other nonparticipating or ineligible costs of the project, and
WHEREAS, it is too early in the planning process to estimate the expected costs of this
project; State is beginning the process to prepare a cost estimate and will update the LPA when
that estimate is better developed; further both parties understand that cost estimates always
change as the design process continues, and
WHEREAS, based solely on the estimated cost from the Transportation Alternative
approved application, the estimated project cost is $1,684,445,00; this cost is merely for
preliminary planning purposes and will change as the project is developed, and
WHEREAS, regulations for implementing the provisions of the above mentioned act
provide that the Federal share of the cost of those projects will be paid only to State, and
WHEREAS, the regulations further allow and State requires that LPA use its own funds
to match Federal Funds for the costs of local transportation projects, and
Project No. TAP -89(35)
Control No. 22928
Location: River Road Connector Trail
Template T -AGR -21 (rev. 7-30-15)
Page 1 of 22
Agreement No. BL2390
WHEREAS, State is willing to assist LPA in seeking Federal approval of the proposed
project and use of Federal Funds to reimburse LPA for a percentage of the development and
construction of the proposed improvement, with the understanding that LPA's project is not a
State project and that no State Funds are to be expended on this project, and
WHEREAS, LPA wishes and State intends to act as the Responsible Charge (RC) for
the project on LPA's behalf, and
WHEREAS, State is willing to act as RC so long as State is reimbursed for its costs and
the parties understand that the project will be LPA's project and LPA will have ultimate
responsibility for the development and construction of the project, and
WHEREAS, LPA understands that time is of the essence in the development of this
project and LPA is willing to allow State to manage the schedule of the project and LPA commits
to taking prompt action when requested by State so that this project will stay on schedule, and
WHEREAS, LPA understands that State, on behalf of LPA, will advertise the project for
bids, conduct a letting, make award recommendations to LPA and prepare a construction
contract for LPA's execution and use, and
WHEREAS, State will be responsible for paying directly the project construction
contractor, preliminary and construction engineering providers, and any consultant related to
Right -of -Way appraisal, appraisal review, negotiation and relocation assistance.
WHEREAS, it is understood that State will act in two capacities for this project; (1) State
will act as a liaison with Federal Highway Administration (FHWA) concerning issues about the
eligibility of the project for Federal -aid funding; and (2) State will coordinate with LPA to
address any Federal -aid issues that have been identified with the project , and
WHEREAS, the Parties understand that this Agreement will be posted to a publically
accessible database of agreements pursuant to the requirements Neb.Rev.Stat. § 84-602.02,
unless otherwise provided by law.
WHEREAS, Federal Regulations provide that LPA shall not profit or otherwise gain from
local property assessments that exceed LPA's share of project costs, and
WHEREAS, the funding for the project under this Agreement includes monies from the
FHWA, therefore, if a non-federal entity expends $750,000 or more in total federal awards in a
fiscal year then the audit requirements of 2 CFR, Subtitle A, Chapter 2, Part 200, Subpart F,
must be addressed as explained further in this Agreement.
NOW THEREFORE, in consideration of these facts, LPA and State agree as follows:
SECTION 1. DEFINITIONS
For purposes of this Agreement, the following definitions will apply:
"CFDA" means Catalog of Federal Domestic Assistance.
"CFR" means the Code of Federal Regulations.
"FHWA" means the Federal Highway Administration, United States Department of
Transportation, Washington, D.C. 20590, acting through its authorized representatives.
"LPA" means the Local Public Agency that is sponsoring a Federal -aid transportation
project.
"NEB. REV. STAT" means the Nebraska Revised Statutes, which is the official
compilation of Nebraska law.
"OMB" means the Federal Office of Management and Budget.
Project No. TAP -89(35)
Control No. 22928
Location: River Road Connector Trail
Page 2 of 22
Agreement No. BL2390
"RESPONSIBLE CHARGE" or "RC" means State representative(s) assigned to
oversee the development of the project. The RC will ordinarily be State's Project Coordinator
from the Local Projects Section of the Material and Research Division of the Nebraska
Department of Transportation.
"PROJECT MANAGER" means the employee or designee of State who will manage
the construction of the project on behalf of LPA.
"STATE" means the Nebraska Department of Transportation in Lincoln, Nebraska, its
Director, or authorized representative, State is a funding liaison between LPA and the United
States Department of Transportation for LPA federally funded transportation projects.
"LPA's PROJECT LIAISON", "LPA's PL" or "PL" means the officially designated
employee of LPA who has been properly authorized to serve as LPA's representative and to be
a liaison between LPA and State and Federal government for LPA's Federal -aid transportation
project.
SECTION 2. DURATION OF THIS AGREEMENT (2-25-14)
2.1 Effective Date --This Agreement is binding on the date it is fully executed by the Parties.
2.2 Renewal, Extension or Amendment --This Agreement may be renewed, extended or
amended by mutual agreement or as otherwise provided herein.
2.3 Identifying Date — For convenience, this Agreement's identifying date will be the date
State signed the agreement.
2.4 Duration— This Agreement will expire upon completion of LPA's Federal -aid project and
final financial settlement, except that any terms of this Agreement that contemplate long
term activities of LPA such as environmental, maintenance, and operational
commitments, will remain in effect as long as required by law, NEPA document, permit
or agreement.
2.5 Termination -- Further, State reserves the right to terminate this Agreement as provided
herein. If LPA determines that for any reason it will not continue with the development of
this project as a Federal -aid project, LPA shall notify State and negotiate any necessary
project termination conditions consistent with this Agreement.
SECTION 3. PURPOSE OF AGREEMENT
3.1 LPA wishes to obtain Federal -aid funding for a Federal -aid transportation project on a
street, highway, road, trail or other transportation related facility under LPA's jurisdiction.
The Federal Highway Administration (FHWA) will not provide funding directly to LPA for
this project, but will provide Federal funding for eligible and participating project costs
through State. State, pursuant to Neb. Rev. Stat. § 39-1305, will act under this
Agreement as a steward of Federal Funds and as a liaison between LPA and FHWA.
Further, State will act as the RC on behalf of LPA. The purpose of this Agreement is to
set forth the understanding of LPA and State concerning their respective duties to
enable the project to be eligible for federal -aid funding, LPA agrees that it is ultimately
responsible for complying with all Federal and State requirements and policies
applicable to Federal -aid highway projects. This includes, but is not limited to, meeting
all post -construction commitments, including but not limited to any maintenance and
Project No. TAP -89(35)
Control No. 22928
Location: River Road Connector Trail
Page 3 of 22
Agreement No. BL2390
environmental document commitments. LPA understands that failure of LPA or State to
meet any eligibility requirements for Federal funding may result in the loss of all Federal
funding for the project. In the event that FHWA finds that the project is ineligible for
Federal funding, LPA will repay State all previously paid Federal Funds, as determined
by State, and any costs or expenses State has incurred for the project, including but not
limited to, any costs reimbursed for the time and expenses of the RC. LPA further
agrees that LPA shall have no claim or right of action against State under this
Agreement if FHWA determines that the project is not eligible, in whole or in part, for
federal -aid funding except in the event that an error or omission of State proximately
caused the project to be declared ineligible for federal funding in whole or in part, LPA's
sole remedy against State is that LPA shall not be required to repay State for State's
costs attributable to the part of the project in which the error or omission occurred. The
following sections of this Agreement include the program requirements and other
conditions State believes in good faith that LPA must meet for this project to be eligible
for federal funding.
3.2 LPA acknowledges that many conditions must be met for the transportation project
contemplated by this Agreement to be constructed and for project costs to be
reimbursed with federal -aid funds. Those conditions include, but are not limited to, the
unknown availability of federal -aid funds, the timely and satisfactory completion of all
federal -aid funding requirements, and State's perceived priority of this project with other
projects competing for limited federal -aid funds, Therefore, LPA agrees to assist in the
development of this project in an effort to meet all federal and state eligibility
requirements so the project may be determined eligible for federal -aid funding.
3.3 The parties further understand that the project plans and specifications shall be sealed,
signed and dated by a professional licensed engineer in State of Nebraska, and that
estimates will be prepared and the construction will be observed by a professional
engineer licensed in the State of Nebraska or a person under direct supervision of a
professional engineer licensed in the State of Nebraska as required by Neb. Rev. Stat. §
81-3445.
SECTION 4. FEDERAL AID PROJECT REQUIREMENTS
For any work to be completed by LPA on this project, LPA agrees to comply with all
Federal -aid project procedures and requirements applicable to this project, including federal
laws, and when applicable, state and local laws, and the LPA Guidelines Manual for Federal -aid
Projects,
4.1 The Applicable Legal and Contract Requirements.
a. The primary provisions of law applicable to this Agreement are generally found in 23
U.S.C. Section 134; and 23 CFR Part 420, subpart A, and Part 450, subpart C.
b. LPA Guidelines Manual - LPA also agrees to strictly comply with the applicable
provisions of the LPA Guidelines Manual for Federal Aid Projects (The Manual),
which is incorporated herein by this reference. The Manual is a document drafted in
part, and formally approved, by the FHWA as a document setting out requirements
for LPA projects funded with Federal -aid funds. A current version of The Manual can
be found in its entirety at the following internet address:
Project No. TAP -89(35)
Control No. 22928
Location: River Road Connector Trail
Page 4 of 22
Agreement No. BL2390
https:Hdot nebraska.gov/media/6319/Ipa-qui deli nes. pdf, In the event LPA believes
that The Manual does not clearly address a particular aspect of the project work,
LPA shall seek guidance or clarification from State's Local Project Division Section
Engineer or Project Coordinator, and shall make its best effort to comply with such
guidelines or clarification.
4.2 Federal Oversight. If the project has been designated as full federal oversight, then
additional federal oversight and approvals will be required. It is the responsibility of LPA
to understand the additional requirements and ensure that State and FHWA are
provided timely notice for additional oversight and approvals.
SECTION 5 — GENERAL PROJECT DUTIES
5.1 State's Responsibilities.
This Project is LPA's project and LPA understands that State will be acting as LPA's
representative in the development and construction of the project. State will act as
Responsible Charge (RC) on behalf of LPA for this protect State will also act as Protect
Manager and Project Inspector to oversee the construction of the project. Except for the
duties expressly delegated to LPA herein, State shall be responsible for completing or
overseeing all stages of the development of the Federal -aid project on LPA's behalf
including planning, environmental, design, right-of-way, utilities, railroad, construction
and construction engineering.
5.2 LPA's Responsibilities.
LPA will be responsible for confirming that State's work on its behalf conforms to LPA's
intentions and will keep the project eligible for federal -aid funds. LPA shall make its best
efforts to provide approvals, sign documents, and to promptly do all things necessary to
help State or the project consultant(s) with the development and construction of LPA's
project. LPA's Prosect Liaison shall be responsible for safeguarding the interests of LPA
in the protect for giving approvals as needed and for obtaining formal LPA approval and
authority when deemed necessary by LPA LPA shall also, when applicable, provide
construction inspection services related to any LPA owned utility facility rehabilitation
work included within the project construction contract.
SECTION 6 — LPA'S PROJECT LIAISON
LPA shall formally appoint an LPA employee, and provide State with that employee's
name, mailing address, email address and phone number, and shall authorize that employee to
act as LPA's Project Liaison (hereinafter known as "LPA's Project Liaison" or "LPA's PL" or
"PL"), to take all actions necessary for the project on behalf of LPA and to serve as a liaison
between State and LPA. LPA's PL shall be certified by a process developed by State to act as
a PL for the project.
SECTION 7 — PROGRAMMING DOCUMENT
LPA and State are beginning the process of drafting a description of the proposed
project and a preliminary estimate of the cost of the project that will be used by LPA on the
official project programming document, the DR 530. LPA requests that State continue work on
this project pending completion of the project description, project cost estimate and the DR 530.
Project No. TAP -89(35) Page 5 of 22
Control No. 22928
Location: River Road Connector Trail Agreement No. BL2390
LPA shall formally approve both the signing of this Program Agreement and the signing
of the supplemental agreement.
SECTION 8 — PROCUREMENT OF PROFESSIONAL SERVICES
LPA hereby authorizes State to retain the Professional Services providers deemed
necessary by State for the development and construction of LPA's project, The typical
Professional Services Providers used for a project of this type include but are not limited to
project design and construction engineering; NEPA and other Environmental Specialists; Right -
of -Way Appraisal, appraisal review, negotiation and relocation assistance; and construction
engineering. LPA authorizes State to use State's qualification based selection process or a
State "On -Call" Consultant for the selection of Engineering or Environmental Consultants, and to
select a service provider from State's list of Right -of -Way Service Providers. State is further
authorized by LPA to select any other service providers deemed necessary by State for LPA's
project using State processes for such selections. State shall make the final decision as to
which service provider(s) will be selected for LPA's project. The Consultant Agreement will
specify that State will manage and administer the agreement and enforce the terms and the
progress of the work under the agreement on behalf of LPA. Although, the Consultant
Agreement will be between LPA and consultant, the Parties understand that State will be solely
responsible for the day-to-day scheduling and oversight of the progress of the work under the
contract. LPA agrees to promptly sign any service provider Agreements prepared by
State with the selected consultant. Further, LPA hereby authorizes State to issue a Notice -
to -Proceed to the selected service provider as soon as State determines it is necessary, even if
such date is prior to obtaining LPA's execution of the agreement, unless LPA notifies State in
writing that the agreement must be executed before work may begin.
SECTION 9 — PLAN DEVELOPMENT AND PROJECT ENVIRONMENTAL WORK
9.1 General
The plans, specifications and estimates for the construction of LPA's project are
expected to be developed by a design consultant, but if State elects to not use a design
consultant, State employees will design the project on LPA's behalf. LPA shall authorize
its Project Liaison (PL) to carefully follow the development of the project plans so that PL
will have a thorough understanding of the planned improvement and will ensure that the
project design is acceptable to LPA. LPA shall immediately notify State when it has
concerns or questions about the development of the plans. It is expressly understood
that LPA is responsible for the completed design of this project as if LPA had designed
the project itself.
9.2 Plan -in -Hand (PIH)
State and the design consultant shall prepare for and hold a PIH meeting at the project
site, and shall create a PIH report from the PIH meeting. LPA's Project Liaison shall
attend the project PIH meeting and Project Liaison shall notify LPA's governing body of
the conclusions of the PIH report. LPA shall formally review and approve the project
PIH plans and report. State will continue with the development of the project based on
the PIH report and plans unless LPA promptly notifies State that LPA's governing body
objects to the plans or conclusion(s) of the report.
Project No. TAP -89(35)
Control No. 22928
Location: River Road Connector Trail
Page 6 of 22
Agreement No. BL2390
9.3 Project Environmental Work
LPA hereby authorizes State to act as the agent for LPA concerning all environmental
issues on this project. LPA authorizes State to select an Environmental Consultant to
complete the development and writing of the environmental documents and permit
applications. State will oversee' and manage the development of the environmental
documents and permit applications, as well as the schedule for the environmental work.
LPA's PL shall promptly review and approve the project NEPA documents and the
environmental commitments that will be associated with this project; LPA's PL
shall communicate those commitments to LPA's governing body. LPA shall notify
State immediately after review of such documents if LPA decides not to proceed with the
project because of the environmental costs and commitments for the project. LPA will
sign NEPA documents and permit applications and be responsible for meeting all
environmental commitments as the owner of the transportation facility.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PROGRAM. If LPA's
project is within an area that is subject to the federal Storm Water Phase II Regulatory
Requirements of 40 CFR 122.34 (b), then project consultant will design, construct and
maintain, as a part of this project, water quality facilities as required by LPA's National
Pollutant Discharge Elimination system (NPDES) permitted Municipal Separate Storm
Sewer System (MS4) program. If LPA does not have an active construction storm water
management and post construction storm water management program, the project
consultant shall follow State (NDOT) MS4 program.
9.4 90% Plans Stage
LPA shall review and give its formal approval to the construction plans at the
"90% Plans" stage, including, when applicable, the right-of-way plans and the right-of-
way cost estimates completed by State or the project design consultant. After LPA's
approval of the 90% plans, LPA shall also review and approve the utility rehabilitation
plans developed from the 90% plans,
9.6 Coordinating Professional
If LPA's project involves more than one licensed professional engineer or architect, State
shall designate a Coordinating Professional for this project, as required by Neb,Rev.Stat.
§ 81-3437.02 of the Nebraska Engineers and Architects Regulation Act (Neb.Rev.Stat
§ 81-3104 et seq.), The Coordinating Professional shall apply his or her seal and
signature and the date to the cover sheet of all documents and denote the seal as that of
the Coordinating Professional. The Coordinating Professional shall verify that all design
disciplines involved in the project are working in coordination with one another, and that
any changes made to the design are approved by the corresponding discipline.
9.6 Professional Performance
It is understood by the Parties that LPA is solely responsible for the professional
performance and ability of LPA and the project consultant(s) in the planning, design,
construction, operation and maintenance of this project. Any review or examination by
State, or acceptance or use of the work product of LPA or the project consultant(s) will
not be considered to be a full and comprehensive review or examination and will not be
considered an approval, for funding or for any other purpose, of the work product of LPA
Project No. TAP -89(35)
Control No. 22928
Location: River Road Connector Trail
Page 7 of 22
Agreement No. BL2390
and the project consultant which would relieve LPA from any expense or liability that
would be connected with LPA's sole responsibility for the propriety and integrity of the
professional work to be accomplished by LPA for the project.
9.7 Public Involvement
Early in the planning of the project, State's Public Involvement Coordinator will evaluate
the project and decide what process is required for Public Involvement. State will
coordinate all required public notice and public involvement Statewide Transportation
Improvement Plan (STIP) questions. State and the project design consultant will
facilitate all public involvement activities with assistance, when necessary, from LPA.
LPA shall assist with the public involvement process and will be represented at public
involvement activities that require attendance of LPA's representatives(s). State's Public
Involvement Coordinator will continue to oversee all project Public Involvement
processes.
SECTION 10 — RIGHT-OF-WAY (ROW)
10.1 Governing Documents
The Federal law governing acquisition of additional property rights and relocation
assistance on federally assisted projects is found in 23 CFR Part 710, and Public Law
91-646, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 as amended, commonly called the Uniform Act (49 CFR Part 24). LPA shall
comply with 23 CFR part 710, the Uniform Act, State's "Right -of -Way Acquisition Guide
for Local Public Agencies" and State's "Right -of -Way Manual".
The Uniform Act applies whenever Federal dollars are used in any phase of a project,
such as planning, engineering, environmental studies, or construction. The Uniform
Act must be followed even if there is NO Federal funding in the Right -of -Way
phase. State's Relocation Assistance Act, Neb. Rev. Stat. §§ 76-214 to 76-1238 applies
on all projects.
10.2 LPA Authorization for State to Act on LPA's Behalf
This Section applies when State determines that property rights need to be acquired for
the construction of LPA's project. When additional property rights are needed for the
project, State shall complete or provide oversight of the Right -of -Way activities, which
are defined as appraisal, appraisal review process, acquisition process and, when
necessary, relocation assistance. LPA hereby authorizes State to complete the ROW
activities for the project on LPA's behalf, and authorizes State to complete the ROW
activities for the project using State selected Right -of -Way service providers.
10.3 Right -of -Way Cost Estimate
State will complete an estimate of the costs of acquiring the additional property rights.
State shall notify LPA of the aggregate estimated right-of-way costs. The parties
understand that the estimate is preliminary and used primarily for planning and
establishing the Federal ROW obligation. LPA shall review the right-of-way cost
estimate and notify State immediately if LPA decides to not proceed with the project
because of these costs. Withdrawing the project by LPA will require LPA to repay (1) all
Federal -aid funds used for the project to date and (2) all costs incurred by State arising
out of State's work under this Agreement.
Project No. TAP -89(35)
Control No. 22928
Location, River Road Connector Trail
Page 8 of 22
Agreement No. BL2390
10.4 Condemnations
LPA authorizes State to acquire the necessary ROW by voluntary conveyance from
property owners; however, LPA understands and agrees that sometimes properties must
be acquired by condemnation action. State cannot complete condemnation actions for
LPA's project, Therefore, LPA shall be solely responsible for filing and handling
condemnation actions to acquire the ROW from property owners when State, in its sole
discretion, determines a condemnation action is necessary. LPA understands that it
must file condemnation actions, hold hearings, and cause the amounts of the
condemnation awards to be paid into County Court before State will advertise LPA's
project for bid letting. If LPA does not promptly complete the condemnation of the
properties needed for the project, the project will not be constructed. In the event the
project will not be constructed for this reason, LPA will be subject to (1) the loss of
federal -aid funds for the entire project, and (2) repayment to State in full of all Federal -
aid funds used on the project and all costs incurred by State arising out of State work
under this Agreement,
10.5 Encroachments
Federal law requires that the right-of-way for a Federal -aid project must be dedicated
exclusively to the transportation use for which the project is to be constructed. State will
not advertise for, or hold, a bid letting for LPA's project until the existing ROW has been
cleared of all encroachments. LPA, at no cost to the project, shall clear the entire
existing ROW of this project of any private or non -LPA uses or occupancy of the area
above, below, or on the existing ROW. LPA agrees to take all necessary actions,
including but not limited to (1) bringing appropriate legal proceedings to remove
encroachments if the owner has no right to occupy the public ROW, (2) to acquire and
pay for the removal of encroachments when the owner's right to occupy public ROW is
clear, or (3) to litigate or otherwise resolve all disputed claims to State's satisfaction at
LPA's sole cost. LPA understands that after the project is completed, LPA shall keep
the project ROW free of future public or private encroachments or uses. LPA shall
communicate regularly with State about the status of LPA's efforts to remove all
encroachments identified on the project.
10.6 Land Corners
LPA shall fully cooperate with State and the project consultants to locate and reference
or have located and referenced all section corners, quarter section corners and
subdivision lot corners that may be affected by the construction of the proposed project
in accordance with Neb. Rev. Stat. § 39-1708 et. seq
10.7 Special Assessments
Prior to initiating a special assessment on a Federal -aid project, LPA shall notify State of
LPA's proposed assessment. A special assessment levied as part of this Federal -aid
project shall be conducted as described in this section.
LPA is required to provide to State documentation for each of the four points noted
below. LPA is also required to follow all the terms of the Uniform Act in the acquisition of
right-of-way for this Federal -aid project,
Project No. TAP -89(35)
Control No. 22928
Location: River Road Connector Trail
Page 9 of 22
Agreement No. BL2390
"When federal funds participate in a project, an LPA may not levy a special
assessment, solely against those property owners from whom acquisitions are
made for the public improvement, for the primary purpose of recovering the
compensation paid for the real property. This recapture of compensation would
constitute a form of forced donation, which is coercive and thus not permitted
under the Uniform Act. However, an LPA may levy an assessment to recapture
funds expended for a public improvement, provided the assessment is levied
against all properties in the taxation area or in the district being improved and
provided it is consistent with applicable local ordinances."
LPA needs to confirm there is no Uniform Act violation by documenting the following:
• The affected property owners will be provided just compensation for their
property as required by the Federal and State Constitutions and reiterated in
the Uniform Act,
• The acquisition costs will be paid by LPA and property owners made aware
they will not be assessed the cost to acquire their property needed for the
project.
• The purpose of the special assessment is not to recover the acquisition costs,
• The assessment will not be arbitrarily imposed on selected property owners
in the special improvement district in response to their demand for just
compensation or that the assessment will be implemented in a way that
differs from the way other like assessments have been imposed under similar
circumstances.
The project files must contain documentation affirming all of the above.
10.8 Reimbursement of LPG's Right -of -Way
LPA is not expected to incur any reimbursable ROW costs for this project, However
eligible ROW expenses typically include appraisal fees, title research fees, ROW
Consultant fees, tract acquisition costs, reasonable relocation assistance costs,
condemnation awards and Board of Appraisers fees. Additional expenses for
condemnation proceeding or District Court Trial may be reimbursed to LPA on a case-
by-case basis.
All required documentation of Chapter 7 of State's Right -of -Way Manual must be
submitted to and approved by State Right of Way Division in order for LPA's ROW
expenses to be reimbursed, All requests for ROW reimbursement should be submitted
to State on ROW Form AP -23, along with supporting documents. One form needs to be
completed for each property tract on the project.
10.9 Confidentiality of certain Right -of -Way
LPA understands that State will manage the right-of-way design, appraisal and
acquisition phase of this project. LPA understands that State will keep each individual
property acquisition confidential until State has completed the acquisition or turned the
file over to LPA for condemnation, LPA will safeguard all right-of-way acquisition
information consistent with State's practice.
Project No. TAP -89(35)
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SECTION 11 — RAILROAD PROPERTY ON LPA'S PROJECT
The Section applies when State determines that LPA's project includes work to be
completed on property owned by a Railroad Company or Railroad Companies. For grade
separation projects, LPA and State shall enter into a separate funding and crossing closure
agreement with Railroad specifying the funding commitments for the project. State, with
assistance from LPA, shall when required by Railroad, develop a Construction
Agreement for LPA to formally approve and sign with each applicable Railroad Company.
State shall assist LPA, when required by railroad, in acquiring the property rights using
documents developed or approved by State for each applicable Railroad Company. LPA shall
promptly meet any requirements of State or Railroad deemed necessary by State to construct
the project or to be allowed to occupy railroad property.
SECTION 12 — UTILITY REHABILITATION WORK
12.1 Overview
This Section applies when State determines that LPA's project includes utility facilities
that serve the public interest, owned by LPA or by another entity, which may be affected
by the Construction of LPA's project. LPA shall assist State in determining what, if any,
public or private utility facilities that serve a public interest are located along, over, under
or across the project route. Utility facilities installed, relocated or rehabilitated within the
Right -of -Way for this project must be completed in accordance with the provisions of
Federal -aid Highway Policy Guide, 23 C.F.R § 645A, "Utility Relocations, Adjustments
and Reimbursement", and Federal -Aid Policy Guide, 23 CFR §6458, "Accommodation of
Utilities" issued by the U.S. Department of Transportation, Federal Highway
Administration, and State's "Policy for Accommodating Utilities on State Highway Right -
of -Way." Further, LPA utility work shall be performed in conformance with the Buy
America provisions found at 23 U.S.0 § 313 and applicable regulations in 23 C.F.R
§ 635.410 all as interpreted by the FHWA. LPA's project utility work shall also follow the
current "Policy for Accommodating Utilities on State Highway Right -of -Way" and the LPA
Guidelines Manual,
12.2 Eligible Costs
All eligible non -betterment municipally owned and operated utility rehabilitation costs
within the corporate limits of the LPA will become a project cost. Outside the corporate
limits, the non -betterment portion of utility rehabilitation costs will become a project cost
for facilities occupying private property. Further, there will be no Federal reimbursement
for utility facilities if they are located on existing public Right -of -Way, unless a right to
future reimbursement was retained in a prior project; however, non -betterment costs of
privately owned and operated utilities that serve a public interest will be reimbursed if
they exist on private property and it becomes necessary to rehabilitate the utilities due to
this project. All such reimbursements will be based on items and actual costs submitted
by the utility and approved by LPA and State up to the amount of federal funding
obligation obtained by State.
Project No, TAP -89(35)
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Location: River Road Connector Trail
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12.3 LPA Owned Utilities
12.3.1 Waterlines and Sanitary Sewer Lines — Along and under the project route
The transportation project design consultant will be responsible for designing the
location within the new project of any waterlines or sewer lines that are located along
and under the transportation project route. LPA shall cooperate with and provide the
design consultant with the non -location design items, such as type, size and needed
accessories, for any lines of these types.
12.3.2 All other Utility Facilities — Along or crossing the project
The eligible non -betterment costs of the necessary rehabilitation of all other LPA owned
utility facilities shall be a project cost. No LPA owned utility rehabilitation work shall be
performed by LPA prior to State obtaining Federal authorization and receipt of a Notice
to Proceed; any work performed by LPA prior to receipt of Notice to Proceed will not be
eligible for Federal -aid. LPA shall develop the rehabilitation plan for the other LPA
owned facilities affected by the project and submit the plan to State for review and
approval. State may either (1) allow LPA to separately construct the other LPA owned
utility rehabilitation plan, or (2) incorporate the other LPA owned utility rehabilitation plan
into the plans for the transportation project to be constructed by the project construction
contractor. When LPA separately constructs the other LPA owned utility rehabilitation,
LPA shall submit to State its final invoice for the utility rehabilitation for State's review
and reimbursement of actual eligible costs.
12.4 Non -LPA Owned Utilities
State, with assistance from LPA, shall develop a Utility Rehabilitation Agreement for LPA
to approve and sign with each non -LPA owned Utility Company that has utility facilities'
that may be affected by the project construction. LPA shall formally approve and sign
all Utility Rehabilitation Agreements with non -LPA owned utilities. The agreements
will require the owner of the utility facilities to develop a plan and schedule the
completion of a project for the necessary rehabilitation of each facility caused by the
project. State will reimburse the eligible non -betterment rehabilitation costs incurred by
the non -LPA owned utility. LPA shall take all actions State deems necessary to comply
with any utility rehabilitation agreement(s) on this project, including enforcing the utility
rehabilitation work schedule to avoid to the maximum extent possible any conflict with
the project construction contractor's schedule.
12.5 State Highway Right -of -Way
Any project utility work to be completed within a State Highway ROW will require LPA to
obtain approval and a form of a letter of authorization or a permit from State. State shall
assist LPA with contacting State's local District Engineer or Permits Officer to determine
if a permit or permits are needed for the project and to make application for any needed
permits to the District Engineer.
SECTION 13. FINAL PLANS BID LETTING AND CONSTRUCTION
13.1 General
The construction of the project will be completed by a Contractor selected through
State's competitive bid process. LPA authorizes State to provide the construction
project management and Inspection services on LPA's behalf. LPA shall authorize its
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PL to carefully follow the construction of the project so that PL will thoroughly understand
the progress of the work to ensure that the construction will be acceptable to LPA. LPA
shall immediately notify State when it has concerns or questions about the construction
of the project. The parties understand that LPA is responsible for the conformance of
the work of the construction contractor to the plans and specifications as if LPA had
overseen the construction itself,
13.2 Plans, Specifications and Estimates (PS&E)
State or the project design consultant will complete plans, specifications and estimates
(the PS&E Package) for LPA's project. State shall simultaneously submit the PS&E
Package to: (1) LPA for review and approval, and (2) State's Contract Lettings Section
within the Construction Division, for final preparation of the PS&E Package for a bid
letting. When the PS&E Package is finalized by State, and formal approval received
from LPA, State will advertise the project for a bid letting. LPA will be requested to
ratify any revisions made by State in the final PS&E package when LPA approves
the award of contract to the lowest responsible bidder on the project. LPA agrees
to not unreasonably withhold its ratification of the PS&E package.
13.3 Bid Letting and Award of Construction Contract
State, on behalf of LPA, will provide State's standard notice to bidders and will conduct a
bid letting for LPA's Federal -aid project following State's bid letting and award
procedures. State will recommend, for LPA's review and approval, its determination of
the apparent low bidder for the project, except when State rejects all bids. LPA shall
promptly review and formally approve State's recommendation as to the lowest
responsible bidder for LPG's project, unless LPA has a compelling reason to withhold
its approval. In the event that LPA withholds its approval, LPA shall provide State with
its explanation of the reason for withholding approval and will make its best efforts to
promptly resolve the dispute with State. If the parties are not able to promptly resolve
the dispute, State shall reject all bids and at State's sole discretion, State may either re -
let the project or terminate this Agreement. LPA must provide a resolution concurring
with the selection of the low bidder before State will issue the construction contract for
signing. LPA shall sign the construction contract with the selected contractor and will
issue all applicable purchasing agent appointments and tax exempt certificates for this
project.
13.4 Construction Oversight
LPA hereby authorizes State to oversee the construction of LPA's project, including
providing project management and inspection as necessary under the Construction
Contract. LPA's PL shall be available to be present at the project site at all reasonable
times during the construction of the project to act as a liaison and to represent the
interests of LPA in the construction of the project.
13.5 Change Orders
State will prepare any change orders to the project deemed necessary by State. LPA
hereby authorizes State to approve on its behalf, change orders deemed by State to be
necessary for the construction of the project. State reserves the right to seek formal
approval from LPA for any change order. When State seeks LPA's approval, LPA
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shall make its best efforts to promptly respond so that contractors work will not be
delayed. State shall provide copies of all change orders to LPA's PL. LPA shall hold
State harmless, indemnify and defend State against damages suffered by State related
to delay in approval of the change orders for the project.
13.6 Tentative and Final Acceptance
LPA hereby authorizes State to determine when the project is ready for tentative
acceptance under the terms of the construction contract. At that time, the PL shall meet
with State's Project Manager and shall review the work of the project to confirm that the
project has been constructed according to the contract. Unless the PL promptly objects
in writing, LPA authorizes State to notify contractor in writing that the project has been
tentatively accepted.
State will notify LPA's PL when the project is ready for final acceptance. LPA shall
promptly review and act on State's recommendation that the project is ready for final
acceptance. LPA shall formally approve State's recommendation or provide a
written explanation of why LPA cannot approve State's recommended finding that
the project is ready for final acceptance. LPA shall make its best efforts to resolve
any dispute it has with State concerning final acceptance of the project.
13.7 Final Audit
LPA shall cooperate fully with State and shall provide any relevant information
necessary to complete the final audit of the project. LPA shall take any actions
necessary to resolve any issues involved with the audit of the project.
13.8 Maintenance and Environmental Commitments
LPA accepts sole responsibility for maintenance of the project after tentative acceptance
of the project. LPA shall provide all future maintenance of the project consistent with the
requirements for a Federal -aid project. LPA also accepts responsibility for meeting all
project environmental and other commitments and responsibilities required by contract,
permit, and environmental document or by federal or state law. LPA will release and
hold harmless State and FHWA from any suits brought against State arising out of LPA's
operation and maintenance of or related to the project.
13.9 Miscellaneous
LPA shall make its best efforts to provide approvals, sign documents, and do all things
necessary to help State with the development and construction of LPA's project.
SECTION 14. FINANCIAL RESPONSIBILITY
14.1 General
LPA intends that its project be developed so that the project costs will be eligible for
partial reimbursement with Federal -aid funds. The Parties understand that no State
funds will be used to finance the costs of LPA's project. LPA understands that payment
for the costs of this project, whether they be services, engineering, ROW, utilities,
material or otherwise, are the sole responsibility of LPA when Federal participation is not
allowable or available or if the project is subsequently determined to be ineligible for
Federal -aid funding. Therefore, if the Federal government declines to participate in the
project or any portion of the project, LPA is responsible for full project payment with no
cost or expense to State in the project or in the ineligible portion of the project. Should
Project No. TAP -89(35)
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Location: River Road Connector Trail
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Agreement No. BL2390
the project be abandoned before completion by LPA, LPA shall pay or repay State for all
costs incurred by State or reimbursed with Federal -aid funds prior to such abandonment.
14.2 Total Project Costs and Funding Commitments
State is in the process of describing the scope of the project in enough detail to develop
a preliminary cost estimate for the project. As soon as State has enough information to
develop a preliminary cost estimate, this Agreement will be amended to include this
information. LPA requests that State continue work on this project pending completion
of the preliminary cost estimate.
14.3 Authority of State
LPA hereby authorizes State to pay project consultants and the construction contractor
directly on LPA's behalf. LPA authorizes State to include State's costs for overseeing
the development and construction of the project as a reimbursable cost of the project.
Generally, the cost of LPA and its PL will not be eligible for reimbursement with Federal -
aid funds for this project. The following costs of LPA will be reimbursable with
Federal -aid funds at the applicable percentage when State determines, in its sole
discretion that the costs are proper and eligible for reimbursement under Federal and
State Law:
a. LPA's cost of the non -betterment rehabilitation of LPA owned utility facilities as
described elsewhere in this Agreement,
b. LPA's costs to file and handle any condemnation proceeding needed for this project
including the costs of the property rights acquired as described elsewhere in this
Agreement.
The criteria contained in Part 31 of the Federal Acquisition Regulations System
(48 CFR 31) will be applied to determine whether the costs incurred by LPA are
allowable under this Agreement.
14.4 State -Incurred Costs
The costs incurred by State employees to perform tasks on behalf of LPA related to the
development and construction of this project will be part of the cost of the project. LPA
shall be responsible for such costs as charged by State employees; however, these
costs may be eligible for Federal -aid participation up to the amount for which federal
funds have been obligated.
LPA shall be solely responsible for any State incurred costs 1) exceeding the Federal
share of the obligated funds, 2) not eligible for reimbursement for any reason, or 3) for
which an obligation is not obtained.
14.5 LPA Project Budget and Invoicing by State
LPA will earmark and place in its fiscal budget an amount sufficient to fund LPA's project
commitments as shown in subsection 14.1 above.
At times determined by State, and after execution of this Agreement, State will invoice
LPA for some or LPA's entire share of State incurred project costs. After execution of a
professional services agreement for this project, State will invoice LPA their share of the
total agreement amount.
Upon award of the construction contract, State will send an invoice to LPA requesting
LPA to pay its share of (1) the costs of construction, based on the construction contract,
Project No. TAP -89(35) Page 15 of 22
Control No. 22928
Location: River Road Connector Trail Agreement No. BL2390
(2) contingencies, (3) the costs of construction engineering (includes audit costs), and
(4) any unbilled preliminary engineering expenses, unless other arrangement have been
agreed upon in writing by the Parties. LPA shall pay State within 30 calendar days of
receipt of invoice from State.
14.6 Audit and Final Cost Settlement
Final reimbursement requests must be made within 60 days after the filing of State DR
Form 299. Any invoices submitted after the 60 calendar day deadline will be ineligible
for reimbursement.
The final settlement between State and LPA will be made after final funding review and
approval by State and after an audit, if deemed necessary, has been performed to
determine eligible actual costs.
14.7 Project Withdrawal
If LPA withdraws the project for any reason, LPA shall (a) repay State all Federal -aid
funds that have been expended for the project and (b) pay State for all of State's costs
associated with the project that have not been reimbursed by LPA.
SECTION 15. SUSPENSION OR TERMINATION
15.1 Suspension
State, in its sole discretion, reserves the right to suspend LPA's project when State
determines that there are issues related to responsiveness, quality, project monitoring,
eligibility or compliance with the terms of this Agreement that must be corrected by LPA.
Suspension of the project may include, but is not limited to, State declaring LPA's
continued work on the project ineligible for reimbursement and State discontinuing
assistance with and review of LPA's work on the project. State shall provide LPA with
notice of the suspension including (1) a description of the reason(s) for the suspension,
(2) a timeframe for LPA to correct the deficiencies, and (3) a description of the actions
that must be taken for State to revoke the suspension.
A suspension may also be imposed by State for any of the reasons listed in the
Termination subsection below. Failure to correct the deficiencies identified in a
suspension will be grounds for the loss of eligibility for federal funding for the project and
for termination of this Agreement.
15.2 Termination
This Agreement may be terminated as follows:
a. State and LPA, by mutual written agreement, may terminate this Agreement at any
time for any reason.
b. State may terminate this Agreement for the following reasons:
1. A decrease or shift in available federal -aid funding that will, in the sole discretion
of State, make it unlikely or impossible for this project to be prioritized to receive
federal -aid funding.
2. When LPA's project has not been properly advanced as evidenced by the
occurrence of any of the following events:
a) LPA has failed to replace the Project Liaison (PL) with a PL approved by
State within 30 days during the design stage or 10 days during the project
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letting or construction stages, from when the PL leaves, or is removed from
the project for any reason.
b) LPA either (1) informs State that it is unwilling to use condemnation to
acquire any of the property interests needed to construct the project, or (2)
does not move promptly to acquire the needed property rights,
c) LPA has failed to take any action deemed necessary by State for the project
to be ready for the targeted letting date within the year specified in the STIP.
d) LPA has not included the project or project phases within LPA's one or six
year plans or, when applicable, within LPA's Transportation Improvement
Program (TIP), in the correct fiscal year.
3. LPA's failure to meet the requirements for Federal -aid local projects found in
federal, state, or local law or policy, or the requirements of the LPA Guidelines
Manual.
4. A notice or declaration of FHWA or State that any part of the project is or has
become ineligible for federal funding.
5. LPA's failure to sign any State requested project documents in a timely manner.
6. LPA's failure to pay in full the local share specified in any agreement within
30 days after receipt of an invoice from State.
7. LPA's breach of a provision of this Agreement.
c. LPA may terminate this Agreement upon sixty (60) days written notice of termination
to State, subject to LPA meeting the conditions of paragraph (e) below.
d. Prior to State terminating this Agreement, State shall provide written notice to LPA of
the basis for termination and, when determined applicable by State, provide LPA
sixty (60) days to properly resolve all issues identified by State.
e. Whenever the project is terminated for any reason, LPA shall (a) repay State all
Federal -aid funds that have been expended for the project and (b) pay State for all of
State's costs associated with the project that have not been reimbursed under e.(a).
Further, LPA will thereafter be solely responsible for all costs associated with LPA's
project.
SECTION 16. FEDERAL AUDIT REQUIREMENT
16.1 The funding for the project under this Agreement includes federal monies from the
FHWA. According to the Single Audit Act Amendments of 1996 and the implementing
regulations contained in 2 CFR, Subtitle A, Chapter 2, Part 200, Subpart F (hereinafter
Part 200), the Part 200 Audit is required if the non-federal entity expends $750,000 or
more in total federal awards in a fiscal year. Non-federal entity means state and local
governments and non-profit organizations.
16.2 LPA shall comply with this Single Audit mandate as described in Section 16.1. Any
federal funds for LPA projects paid directly to contractors and consultants by State, on
behalf of LPA, will be reported on State's schedule of expenditures of federal awards
(SEFA) and need not be reported by LPA (as per FHWA's February 16, 2012 letter and
State's February 24, 2012 letter). If a Part 200 audit is necessary, the expenditures
related to the federal funds expended under this project should be shown in the report's
Schedule of Expenditures of the Federal Awards (SEFA).
Project No. TAP -89(35)
Control No. 22928
Location: River Road Connector Trail
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Agreement No. BL2390
16.3 If necessary, the Federal award information needed for the SEFA includes:
Federal Grantor: U.S. Department of Transportation - Federal Highway
Administration
Pass -Through Grantor: Nebraska Department of Transportation
Program Title: Highway Planning and Construction (Federal -Aid Highway
Program)
CFDA Number: 20.205
Project Number: TAP -89(35)
16.4 If a Part 200 Audit is submitted by LPA, LPA shall notify the Nebraska Department of
Transportation, Highway Audits Manager, at P.O. Box 94759, Lincoln, NE 68509-4759
when the audit reporting package and the data collection form have been submitted to
the Federal Audit Clearinghouse (FAC) website.
SECTION 17. COMMITMENT TO CONTINUED USE OF TRANSPORATION FACILITY
LPA has requested Federal -aid funds for this project based on a specific need for the
construction or improvement of a street, road, highway, bridge, trail, or other transportation
facility. If the project is constructed, LPA commits to use the project facility to meet the specific
need that was the basis for the expenditure of Federal -aid funds. LPA shall submit to State, for
review and approval, any proposed changes to the LPA routes which affect the function or
operation of the project facility either during construction or after the project is completed.
SECTION 18. INDEMNITY
LPA agrees to hold harmless, indemnify, and defend State and FHWA against all
liability, loss, damage, or expense, including reasonable attorney's fees and expert fees, that
State and/or FHWA may suffer as a result of claims, demands, costs, or judgments arising out
of LPA's project and the terms of this Agreement,
SECTION 19. TRAFFIC CONTROL
LPA shall assist State in the development, installation, and monitoring of the traffic
control plan for the project, and for project related detours, before, during and after construction.
Traffic control must conform to the current adopted Manual on Uniform Traffic Control Devices.
LPA's PL shall monitor the construction work zone to confirm that the traffic control devices
remain in conformance with the traffic control plan. LPA shall certify that all permanent traffic
control devices on the completed project have been properly installed.
SECTION 20. CONFLICT OF INTEREST LAWS
LPA shall review the Conflict of Interest provisions of 23 CFR 1.33 and 49 CFR
18.36(b)(3) and 2 CFR, and agrees to comply with all the Conflict of Interest provisions
(including applicable State and local provisions) in order for the project to remain fully eligible for
State and federal funding. LPA should review, understand and follow the instructions provided
in the NDOT CONFLICT OF INTEREST GUIDANCE DOCUMENT FOR LPA OFFICIALS,
EMPLOYEES & AGENTS FOR LOCAL FEDERAL -AID TRANSPORTATION PROJECTS
located on State's website at the following location: https:Hdot nebra ska qov/media/7349/coi-
guidance-doc-Ipa.pdf
Project No. TAP -89(35)
Control No. 22928
Location: River Road Connector Trail
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Agreement No. BL2390
LPA must also complete and sign the NDOT CONFLICT OF INTEREST DISCLOSURE
FORM FOR LPAS FOR LOCAL FEDERAL -AID TRANSPORTATION PROJECTS, for each
project. This form is located on State's website at the following location:
https://dot nebraska.,qov/media/7349/coi-quidance-doc-1pa.pdf.
Consultants and subconsultants providing services for the project, or submitting
proposals for services, shall submit a Conflict of Interest Disclosure Form for Consultants.
Consultants and subconsultants shall submit a revised form for any changes in circumstances,
or discovery of any additional facts that could result in someone employed by, or who has an
ownership, personal, or other interest with Consultant or subconsultant having a real or potential
conflict of interest on an LPA federal -aid transportation project.
SECTION 21. DRUG FREE WORKPLACE
LPA shall have an acceptable and current drug-free workplace policy on file with State.
SECTION 22. RECORDS RESPONSIBILITY
LPA shall keep a project file for this project and keep and maintain all correspondence,
files, books, documents, papers, accounting records and other evidence related to LPA's
involvement in the project. LPA shall make such material available at its office at all reasonable
times during.the contract period and for at least three years from the date of project completion;
such records must be available for inspection by State and the FHWA or any authorized
representatives of the Federal government, and LPA shall furnish copies to those mentioned in
this section when requested to do so.
State shall provide LPA with copies of the letting plans and specifications and all change
orders. State will also provide LPA with as -built plans after the conclusion of the project, LPA
shall be given reasonable access upon request to State's project files,
SECTION 23. FAIR EMPLOYMENT PRACTICES
If LPA performs any part of the work on this project, LPA shall abide by the provisions of
the Nebraska Fair Employment Practices Act as provided by Neb. Rev, Stat. §§ 48-1101 to 48-
1126, 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 the SECTION 27,
TITLE VI NONDISCRIMINATION CLAUSES of this Agreement. The reference to "Contractor"
in this section also means the "LPA".
SECTION 24. DISABILITIES ACT
LPA agrees to comply with the Americans with Disabilities Act of 1990 (P.L. 101-366), as
implemented by 28 CFR 35, which is hereby made a part of and included in this Agreement by
reference,
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Location: River Road Connector Trail
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Agreement No. BL2390
SECTION 26. LAWFUL PRESENCE IN USA AND WORK ELIGIBILITY STATUS
PROVISIONS
LPA agrees to comply with the requirements of Neb. Rev. Stat. §§ 4-108 to 4-114 with
its Federal -aid project, including, but not limited to, the requirements of § 4-114(2) to place in
any contract it enters into with a public contractor a provision requiring the public contractor to
use a federal immigration verification system to determine the work eligibility status of new
employees physically performing services within State of Nebraska.
SECTION 26. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
26,1 Policy
LPA shall ensure that disadvantaged business enterprises as defined in 49 CFR Part 26
shall have the maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal Funds under this Agreement. .
26.2 Disadvantaged Business Enterprises (DBEs) Obligation
LPA and State shall ensure that disadvantaged business enterprises as defined in 49
CFR Part 26 have the maximum opportunity to participate in the performance of
contracts and subcontracts financed in whole or in part with Federal Funds provided
under this Agreement. In this regard, LPA shall take all necessary and reasonable steps
in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises
have the maximum opportunity to compete for and perform contracts. LPA shall not
discriminate on the basis of race, color, sex, age, disability, or national origin in the
award and performance of FHWA assisted contracts.
LPA, acting as a sub -recipient of Federal -aid funds on this project shall adopt the
disadvantaged business enterprise program of State for the Federal -aid contracts LPA
enters into on this project.
Failure of LPA to carry out the requirements set forth above shall constitute breach of
contract and, after the notification of the FHWA, may result in termination of the
agreement or contract by State or such remedy as State deems appropriate.
SECTION 27. TITLE VI NONDISCRIMINATION CLAUSES
During LPA's performance of the work under this Agreement, LPA, for itself, its assignees and
successors in interest agrees as follows:
27.1 Compliance with Regulations:
LPA shall 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
Agreement.
27.2 Nondiscrimination
LPA, with regard to the work performed by it after award and prior to completion of the
contract work, shall not discriminate on the basis of disability, race, color, sex, age,
disability, religion or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. LPA shall not participate
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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.
27.3. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment:
In all solicitations either by competitive bidding or negotiation made by LPA for work to be
performed under a subcontract, including procurements of materials or equipment, each
potential subcontractor or supplier shall be notified by LPA of LPA's obligations under this
Agreement and the Regulations relative to nondiscrimination on the basis of disability,
race, color, sex, religion or national origin.
27.4. Information and Reports:
LPA shall 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 State or
the FHWA 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, LPA shall so certify
to State, or the FHWA as appropriate, and shall set forth what efforts it has made to
obtain the information.
27.6. Sanctions for Noncompliance:
In the event of LPA's noncompliance with the nondiscrimination provisions of this
Agreement, State will impose such contract sanctions as it or the FHWA may determine
to be appropriate, including but not limited to,
a. Withholding of payments to LPA under this Agreement until LPA complies, and/or
b. Cancellation, termination or suspension of this Agreement, in whole or in part.
27.6 Incorporation of Provisions:
LPA shall include the provisions of sections 27.1 through 27.6 in every subcontract,
including procurements of materials and leases of equipment, unless exempt by the
Regulations, order, or instructions issued pursuant thereto. LPA shall take such action
with respect to any subcontract or procurement as State or FHWA 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, LPA may request State enter into
such litigation to protect the interests of State, and in addition, LPA may request the
United States enter into such litigation to protect the interests of the United States.
Project No. TAP -89(35)
Control No, 22928
Location: River Road Connector Trail
Page 21 of 22
Agreement No. BL2390
SECTION 28. SEVERABILITY
The invalidity or unenforceability of any such clause, provision, section, or part shall not
affect the validity or enforceability of the balance of the Agreement, which shall be construed
and enforced as if the Agreement did not contain such invalid or unenforceable clause,
provision, section or part.
SECTION 29. COMPLETENESS
This Agreement is the complete and exclusive statement of the arrangement between
the parties, and supersedes all proposals, oral or written, and all other communications between
the parties relating to the subject matter thereof. It may be amended from time to time in writing
by the mutual consent of the Parties hereto.
IN WITNESS WHEREOF, the Parties hereby execute this Agreement pursuant to lawful
authority as of the date signed by each party.
EXECUTED by LPA this (o day of Se kM L r- , 20 <�3.
WITNESS:
Ate, k h,'5z
LPA Clerk
CITY OF BLAIR, NEBRASKA
Mindy Rump
P
M or 71
EXECUTED by State this /0 day of 0( , 20
Project No. TAP -89(35)
Control No. 22928
Location: River Road Connector Trail
STATE OF NEBRASKA
DEPARTMENT OF TRANSPORTATION
Jodi Gibson
C—�' - '&'
Lo al A istance Division Manager
Page 22 of 22
Agreement No. BL2390
NEBRASKA
East River Road Trail Connector- Washington County, Nebraska
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