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2009-16COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska wishes to enter into an agreement with the State of Nebraska Department of Roads to for the widening of Highway 133 within Blair's corporate limits, and WHEREAS, the City of Blair, shall be responsible for twenty (20) percent of the total cost for the portion of the project within corporate limits at the time the State executes this agreement. The City's share shall be of the preliminary engineering, construction, construction engineering, utilities and right of way which total cost is currently estimated to be $1,187,000 with the City's share being $237,400.00, and NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NEBRASKA CITY, NEBRASKA, that the City of Blair has entered into an agreement with the State of Nebraska Department of Roads for the widening of Highway 133 within Blair's corporate limits and this project be constructed under the designation of Project Number STPD- 133 - 3(103), State Control No. 21791A and that the terms and conditions as contained in the Agreement with the Nebraska Department of Roads are hereby approved and that the Mayor is hereby authorized to execute said Agreement. COUNCILMEMBER KEPHART MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER WOLFF. UPON ROLL CALL, COUNCILMEMBERS KEPART, FANOELE, WOLFF, ABBOTT, JENSEN AND CHRISTIANSEN VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26TH DAY OF MAY, 2009. ATTEST: (SEAL) BRENDA WHEELER, CITY CLERK RESOLUTION NO. 2009 - 16 CITY OF BLAIR, NEBRASKA B JA ALPH, MAYOR STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 26th day of May, 2009. L BRENDA R. WHEELER, CITY CLERK - Dave Heineman Governor Ms. Brenda Wheeler Clerk 218 S 16 St Blair NE 68008-1674 Re: Project No. STPD-133-3(133) Control No. 21791A Agreement No. XL0936 Dear Ms. Wheeler: Enclosed for your files is one original of a fully executed agreement between the City of Blair and this department pertaining to a proposed improvement with the construction on Highway N-133 in Blair under project STPD-133-3(133). Sincerely, Jerry Adams Hwy. Agreements Tech. Planning and Project Development Division JA/S1-JJ8 Enclosure xc: T. W. Weander, District 2 Engineer J. Knott/D. Turek C. Quackenbush File June 12, 2009 An Equal Opportunity/Affirmative Action Employer STATE OF NEBRASKA DEPARTMENT OF ROADS John L. Craig, Director 1500 Highway 2 • PO Box 94759 • Lincoln NE 68509-4759 Phone (402)471-4567 • FAX (402)479-4325 • www.dor.state.ne.us AGREEMENT PROJECT NO. STPD -133- 3(103), STATE CONTROL NO. 21791A CITY OF BLAIR STATE OF NEBRASKA, DEPARTMENT OF ROADS IMPROVING HIGHWAY N -133 IN BLAIR THIS AGREEMENT, made and entered into by and between the City of Blair, a municipal corporation of the State of Nebraska, hereinafter referred to as the "City," and the State of Nebraska, Department of Roads, hereinafter referred to as the "State." WITNESSETH: WHEREAS, it is the desire of the parties that a portion of Highway N -133 be improved at the location as shown in Exhibit "A" attached, which is hereby made a part of this agreement, and WHEREAS, said improvement is located within the designated urban area of Blair, Nebraska, and funds administered by the State, hereinafter known as "State Funds," have been made available for the construction of improvements such as this, and WHEREAS, Federal Regulations provide that the City shall not profit or otherwise gain from local property assessments that exceed the City's share of project costs, and WHEREAS, it is the further desire of the City that the proposed urban construction be included in a project under the designation of STPD -133- 3(103), as evidenced by the Resolution of the City Council dated the _f day of AA cL , 2009, attached hereto, identified as Exhibit "B," and hereby made a part of this agreement, and WHEREAS, the description of the project is as follows: This project will consist of building a four -lane section on new alignment and new grade beginning at the south corporate limits and extending north to the junction with Highway US -30. The project includes grading, concrete paving, storm sewers, culverts and utilities. Control of access will be acquired along the entire project length, and WHEREAS, the State will use Highway US -75 between the south corporate limit and Highway US -30 for a detour during the construction of the north 1.2 miles of the project, as shown on Exhibit "C" attached. NOW THEREFORE, in consideration of these facts and the mutual promises of the parties hereto, it is hereby agreed that the construction or reconstruction of the aforesaid highway between construction limits described in Exhibit "A" attached hereto, denoting Project No. STPD- 133 - 3(103), shall be accomplished according to and in the manner provided by plans and specifications to be prepared by the State, which are to be, by this reference, made a part of this agreement. And the parties agree further as follows: SECTION 1. The City agrees for the portion of the project within its corporate limits: (a) To pass and enforce an ordinance as required effecting the following restrictions within the project limits: No Parking (b) To prohibit business establishments being located in such a way that vehicles being served will be required to stand on said public highway right of way. (c) To require that all future entrances from private property to the public right of way within the limits of this project receive prior approval of the Director or his authorized representative. (d) To clear, at no cost to the State, the present right of way of this project of all advertising signs. The City also agrees, at no cost to the State, to clear any other privately owned facility or thing that may interfere with the construction, maintenance and operation of the improvement planned in this project, and to keep the old and new right of way free of future encroachments, except those authorized by permit from the City and approved by the State and Federal Highway Administration. (e) If the City performs any part of the work on this project itself, 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, and all regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49 CFR, Parts 21 and 27 as set forth in Exhibit "D" attached hereto and hereby made a part of this agreement. The reference to "Contractor" in this exhibit shall mean the "City." (f) DISADVANTAGED BUSINESS ENTERPRISES (1) Policy The City and State further agree to 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. Consequently, the disadvantaged business requirements of 49 CFR Part 26 are hereby made a part of and incorporated by this reference into this agreement. (2) Disadvantaged Business Enterprises Obligation The City and State further agree to 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 Project No. STPD- 133- 3(103) Control No. 21791A City of Blair -2- Project No. STPD- 133- 3(103) Control No. 21791A City of Blair in whole or in part with Federal funds provided under this agreement. In this regard, the City 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. The City shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of FHWA assisted contracts. The City acting as a subrecipient of Federal -aid funds on this project agrees to adopt the disadvantaged business enterprise program of the State for the Federal -aid contracts the City enters into on this project. On any work performed by the City, failure of the City 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 the State or such remedy as the State deems appropriate. (g) Any changes in the roadway geometrics, either during project construction or after the project is completed, including but not limited to access control, driveways, median breaks, parking restrictions or any other traffic control items shall require prior approval of the State with Federal Highway Administration concurrence. (h) To provide, where the proposed construction involves a change in the grades established by City ordinance, that an amendment to said ordinance be passed, reestablishing said grades as shown in the plans without cost to the State. SECTION 2. It is agreed and understood by the parties hereto that Federal -Aid Policy Guide, 23 CFR 645A, "Utility Relocations, Adjustments and Reimbursement ", and Federal -Aid Policy Guide, 23 CFR 645B, "Accommodation of Utilities" issued by the U.S. Department of Transportation, Federal Highway Administration, as supplemented, revised or updated heretofore, is hereby expressly made a part of and incorporated into this agreement by this reference. By signing this agreement, the City agrees to adopt, on the improvement contemplated in this agreement the Nebraska Department of Roads' Policy for Accommodating Utilities on State Highway Right of Way issued by the State August, 1998, and its subsequent revisions or additions. 3 The City further agrees: (a) To comply with Neb.Rev.Stat. §39 -1361, and the rules and regulations of the Department of Roads before making or allowing to be made, any utility excavation, pavement cuts or performing other activity upon said highway, and shall be responsible to see that all such work is performed according to the rules and regulations of, and by authority of a permit granted by the Department of Roads of the State of Nebraska. (b) To furnish or cause to be furnished all of the labor, tools, equipment and materials for the rehabilitation of its municipally owned utilities as made necessary by the construction of this project. (c) To prepare and submit to the State upon receipt of preliminary construction plans for this project a plan and estimate detailing anticipated location and nonbetterment costs for the rehabilitation of all municipally owned utilities as made necessary by this project. It is mutually understood that all nonbetterment municipal utility rehabilitation costs within the corporate limits of the City will become a project cost. Outside said City limits, only the nonbetterment portion of the rehabilitation costs of facilities currently occupying private property will be reimbursed. The cost of nonbetterment rehabilitation of municipally owned and operated utilities within the corporate limits is currently unknown. Should this project necessitate the nonbetterment rehabilitation of any municipally owned and operated utilities, the parties hereto agree to enter into an agreement to provide for the design and construction of the nonbetterment utilities and the reimbursement to the City for the State's share of the costs of the rehabilitation of municipally owned and operated utilities. Said agreement shall be entered into prior to utility work beginning. SECTION 3. The City is responsible for 20% of the total cost for the portion of the project within the corporate limits at the time the State executes this agreement. The City's share shall be 20% of the preliminary engineering, construction, construction engineering, utilities and right -of -way which total cost is currently estimated to be $1,187,000.00 with the City's share being $237,400.00. Both parties recognize this is a preliminary estimate and the final cost may well be higher or lower. Costs incurred by the State with respect to the entire project shall be considered as a part of the total cost of the project to be paid out of City and State /Federal funds. The State may, at its discretion, invoice the City for costs incurred by the State prior to letting and during the progression of the project. Upon award of a construction contract the State will invoice the City for their 20% share of the construction, construction engineering and Project No. STPD- 133 - 3(103) Control No. 21791A City of Blair -4- 20% of the unbilled preliminary engineering, right -of -way and utilities. The City agrees to pay the State within 30 days after receipt of the invoice from the State. The final settlement between the State and the City will be made following final audits and when the final costs have been determined by the State. SECTION 4. The Federal share of this project shall be reduced by any project specific local property assessments that exceed the appropriate local share on this project. This is subject to State review. SECTION 5. All traffic control devices will conform to the latest approved edition of the Manual on Uniform Traffic Control Devices and the Nebraska Supplement thereto. If the City is to perform or contract for any work, they will develop a traffic control plan. The plan will be provided to the State's Project Manager for approval and acceptance. It will be the City's responsibility for the operation and maintenance of the approved traffic control plan. SECTION 6. The City further agrees to comply with all traffic safety regulations, including those prescribed in the latest approved edition of the Manual of Uniform Traffic Control Devices and to use extreme caution when working in the State right of way and not block or encroach upon any traffic lane without first providing appropriate traffic control to direct traffic. SECTION 7. It is hereby agreed that plans and specifications for the above mentioned project will be on file in the office of the Department of Roads, Lincoln, Nebraska. SECTION 8. The City and State will fully cooperate to cause the removal from public right of way, or correction or alteration in the public right of way, as necessary for the construction of the aforesaid project, of all pipe lines, poles or other underground or overhead services not owned by the City and are located within the corporate limits. SECTION 9. The State hereby agrees: (a) To prepare and convey to the City, prior to construction, plans for the proposed subject project. (b) To advertise and conduct a letting and receive bids on the contemplated improvement. The City agrees that the State will award the contract to the lowest responsible bidder and that said contract shall be signed only by the State. (c) To determine the appropriate letting date and be the sole signatory to the construction contract. (d) To supervise and cause completion of the construction of the improvement as shown in the plans. (e) To acquire all additional right -of -way and do all things, in pursuance of the aforesaid project, not specifically assumed by the City. Project No. STPD -133- 3(103) Control No. 21791A City of Blair 5 (f) To reimburse the City for the nonbetterment rehabilitation of municipally owned utility facilities as provided in Section 2(c). (g) To construct that portion of the project located outside the City limits without cost to the City, except as provided in Section 2(c). SECTION 10. The parties hereto agree that the State shall make sole determination as to the scheduling of the construction for this project. 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. ATTEST: City Clerk AGRC5 -SJ EXECUTED by the City this ' day of l"1 chi, Y Y Y EXECUTED by the State this day of RECOMMENDED: Timothy Weander, P.E. /1 District 2 F..,rf�ineer Project No. STPD- 133- 3(103) Control No. 21791A City of Blair CITY OF BLAIR 6 STATE OF NEBRASKA DEPARTMENT OF ROADS James J. Knott, P.E. , 2009. 17 2 29 28 32 S Kennard 4 16 133-3(103) C.N. 21791A 21 22 BLAIR SOUTH 1,1 WASHINGTON COUNTY NEBRASKA 15 27 R 11 E _ 34 3 1,1 S S S S S 8 ,_...• 9 S 10 S S ,—... S S S S S 1,1 1,1 ) 1,1 1,k, 1,1 III 1,1 1,i .BLAIR. 2 • 13 14 --I .s • • ;--LZ\--‘ ■■■ 26 S' 17 1 6 15 IIIJIII 22\ 1--- 7 , s STA. 350+00.00 s S• 20 • 2 cl) R.P. 13.17 BEGIN PROJECT ,c.... \ , N \ ,c..-■ I/1 1 ---+ :Li:7 1 1./1 1/1 • 23 14 23 24 25 24 19 30 R 12 E I 8 DESOTO TOWNSITE STATE HISTORICAL MARKER 41 ST A. A. 660+20.11 R.P. 19.07 END PROJECT :2 20 — EXHIBIT "A" COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska wishes to enter into an agreement with the State of Nebraska Department of Roads to for the widening of Highway 133 within Blair's corporate limits, and WHEREAS, the City of Blair, shall be responsible for twenty (20) percent of the total cost for the portion of the project within corporate limits at the time the State executes this agreement. The City's share shall be of the preliminary engineering, construction, construction engineering, utilities and right of way which total cost is currently estimated to be $1,187,000 with the City's share being $237,400.00, and NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NEBRASKA CITY, NEBRASKA, that the City of Blair has entered into an agreement with the State of Nebraska Department of Roads for the widening of Highway 133 within Blair's corporate limits and this project be constructed under the designation of Project Number STPD -133- 3(103), State Control No. 21791A and that the terms and conditions as contained in the Agreement with the Nebraska Department of Roads are hereby approved and that the Mayor is hereby authorized to execute said Agreement. COUNCILMEMBER KEPHART MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER WOLFF. UPON ROLL CALL, COUNCILMEMBERS KEPART, FANOELE, WOLFF, ABBOTT, JENSEN AND CHRISTIANSEN VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26TH DAY OF MAY, 2009. ATTEST: 1 � BRENDA WHEELER, CITY CLERK (SEAL) RESOLUTION NO. 2009 - 16 CITY OF BLAIR, NEBRASKA Fachcii4 .8 " STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 26th day of May, 2009. BRENDA R. WHEELER, CITY CLERK z Cr 19 ` 20 > 21 a tfl ■ CO 4 o - m 33 M De <oto F28 CONNER 3 \ STEAMBOAT BERTRAND STAT HISTORICAL MARKER HAMILTON U w Q co 3 CD 0 O � Benningt 15/ \S28F 22 Fort Calhoun FORT ATKINSON STATE HISTORICAL PARK ' v 18 13 ° x - Nashville 32 8 BM U 234 RIVERVIEW 17 20 P49 • FLOR 133 - 3(103) C.N. 21791A PROJECT LOCATION BLAIR SOUTH WASHINGTON COUNTY NEBRASKA • - - DETOUR ROUTE EXHIBIT "C" NONDISCRIMINATION CLAUSES During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor "), agrees as follows: (1) Compliance with Reaulations: The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Parts 21 and 27, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the basis of disability, race, color, sex, religion or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix "A," "B," and "C" of Part 21 of the Regulations. (3) (5) Solicitations for Subcontracts. Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of disability, race, color, sex, religion or national origin. (4) Information and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies, and /or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. EXHIBIT "D"