20042004 RESOLUTIONS
1 Renewal of Maintenance Agreement #6 with NDOR 5019
2. Approve Interlocal agreement with MAPA for aerial 5020
photos and topography for the City GIS
3. Update Federal Aid Routing Map for the City of Blair 5020
4. Approve extension of purchase agreement with 5021
Ridgeview Town homes for purchase of lots 37 -49 in
Ridgeview Estates
5. One and Six Year Plan for 2004 5025
6. Accepting dedication plat for 10 Street Extension 5025
project.
7. Accepting dedication plat for 10 & Jackson Street 5025
for Stemmerman Park due to street expansion for
Jackson Street
8. Setting the date for the Board of Equalization to 5029
Assess Boulder Ridge Subdivision
9. CDBG Funds for Cargill Polyols, LLC and Cargill Inc 5032
10. Agreement with YMCA for operation of the Blair 5032
Municipal Pool
11. Approving contract for turf mowing with Lawn FX 5033
Agreement Voided -See Res 2004 -17
12. Approving contract for right of way mowing with 5033
Monarch Grounds Maintenance
13. Approving an agreement with the Dept. of Roads 5034
for bridge replacement on 17 Street
14. Approving an agreement with the Dept. of Roads 5034
for bridge replacement on 16 Street
15. Approving an agreement with KMA for design of 5034
bridge replacements on 16 and 17 Streets
Agreement Voided -See Res 2004 -18
16. Levying Special Assessments in Boulder Ridge 5038
SID 181, Water 41 and Sewer 60
17. Approve turf mowing agreement 5048
18. Approving an agreement with KMA for design of 5052
bridge replacements on 16 and 17 Streets
19. Approve agreement with KMA for planning study 5055
of the city's water system, sewer system sidewalks
20. Creation of Gap Paving District 183 — Skyline Drive 5059
21. Agreement with MUD and NRD for sale of emergency 5060
Water to the City of Blair
22. Ratifying Res No. 1982 -29 for Kelly Ryan Eqt. Co. 5062
23. Establish fees for Blair City Tow Lot 5063
24. Request NRD and County Board to participate in 5064
Allowing access to the river through California Bend
25. Designation of applicant's authorized representative 5069
For FEMA disaster funds
26. Prohibit parking on north side of Washington St. from 5073
Fontanelle Blvd to 25 Street — SEE RESOLUTION NO. 2004 -30
27. Prohibit parking on the north side of Nebraska St. 5073
From 10 St. to 14 Street during school hours
28. Approve an agreement with Dept of Roads for 5073
Resurfacing of US -75 from south corporate limits to
Lincoln Street
29. Adopted Interlocal Agreement with Washington Cty. 5074
For the creation of the WA Cty Public Safety
Communications Agency
30. Prohibit parking on the north side of Washington St. 5078
From a point 100' West of the intersection of Washington
And Fontanelle Blvd., West to 25 Street.
31. Recommending bid award to Landmark Services 5082
For construction of water tower with Papio NRD
32. Extending lottery operator agreement with Big Red 5083
33. Easement to pave city row on lots 5,6 & 7 Pleasant 5086
Valley Subdivision for Mark Robison
34. Increasing water disconnection fees 5087
35. Setting Levy for City /Airport for FY 04 -05 5089
36. Authorizing application for CDBG Funds for study 5089
of storm water sewer system within blighted area
37. Annual Maintenance Agreement No 6 with NDOR 5091
38. Amendments to the One and Six Year Plan - Skyline 5091
And 25 Street
39. Interlocal Agreement with Papio NRD and Washington 5092
County for master plan for public uses at California Bend
40. Agreement between City and American Legion to 5092
Manage financing and construction of Veterans Tribute Plaza
41. Authorizing the submission of a grant application 5097
To Transportation Enhancement Program for Dana
Bike Trail
42. Setting the date for Board of Equalization to levy 5098
Charges for mowing against Lot 6, Block 63
Blair City (1871 Grant Street)
43. Levying assessments on Lot 6, Block 63 BC 6000
(1871 Grant Street)
44. Setting date for Board of Equalization for Pittack St. 6008
45. Recommending bid award to Pospichal Construction 6008
For construction of south reservoir pump station with
Papio NRD
46. Interlocal Agreement with Papio NRD for flood 6009
Mitigation planning and mapping assistance
47. Calling for redemption of Series 1998 Sewer 6013
System Revenue Bonds
48. Setting date for Board of Equalization for Sanitary 6017
Sewer District 62 & 63
49. Assessing lots in Gap Paving Project 182, Water 6017
Extension Dist 42 & Sanitary Sewer Ext. Dist 61
50. Interlocal Agreement with Papio NRD for study of 6018
California Bend area — access to public
51. Ratification and confirmation relative to the approval 6023
of the Interlocal agreement with Washington County
for the creation of the Washington County Public
Safety Communications Agency
COUNCIL MEMBER SCHEVE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council have been presented with an Agreement
Renewal of the Maintenance Agreement No. 6 with the Nebraska Department of Roads,
originally dated December 12, 1994; and
WHEREAS, said renewal agreement on file with the City Clerk is acceptable to the City
of Blair.
NOW, THEREFORE, BE IT RESOLVED that said Agreement Renewal of Maintenance
Agreement No. 6 with the Nebraska Department of Roads originally dated December 12, 1994,
is hereby adopted and approved by the municipality for the calendar year 2004 and the Mayor
and City Clerk of the City of Blair are hereby authorized and directed to execute same on behalf
of the municipality.
COUNCIL MEMBER FANOELE MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SCHEVE
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE,
MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL
MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND APPROVED THIS 13TH DAY OF JANUARY, 2004.
ATTEST:
BRENDA R. TAYL
(SEAL)
RESOLUTION NO. 2004- 1
CITY OF BLAIR, NEBRASKA
JAS REALPH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR, 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 13th day
of January, 2004.
BRENDA R. TAYLOR, P ' CLERK
Maintenance Agreement Between
The Nebraska Department Of Roads
And The Municipality of Blair
Municipal Extensions in Blair
THIS AGREEMENT, made and entered into by and between Blair hereinafter referred to as
the "City "; and the State of Nebraska, Department of Roads, acting by and through its Director -
State Engineer, hereinafter referred to as the "State" and this agreement is to have an effective
date of January 1, 2004.
WITNESSETH:
WHEREAS, Nebraska Revised Statutes, relating to highways, set out the responsibilities of
the State, counties and incorporated municipalities in the establishment of uniform standards of
design, construction, operation and maintenance of said highways, and
WHEREAS, the State and the City wish to enter into an agreement relative to the
maintenance of said highways, and
WHEREAS, Neb. Rev. Stat. § 39 -1339, § 39 -1344, § 39 -1372, .§ 39 -2105, § 60 -6,120 and
§ 60- 6,121, set out in detail the maintenance responsibilities of the State and the City, said
responsibilities shall be incorporated herein by this reference. Therefore, the parties hereto
understand that the maintenance responsibilities of the City and State under the above referenced
laws are as set forth by Exhibit "A" attached hereto.
NOW THEREFORE, in consideration of these facts the parties hereto agree as follows:
SECTION la: The State agrees to perform the maintenance on the above mentioned highways
consisting of surface maintenance of those portions of municipal extensions of all rural highways
within municipalities of the Metropolitan, Primary and First Class, the design of which exceeds
the design of the rural highways leading into the municipality. The State shall maintain the
entire traveled portion, not including parking lanes thereon, of the municipal extension and the
City shall reimburse the State as set out in Section 7a of this agreement for maintaining that
portion of said municipal extension that has been designated by statute as the City's
responsibility.
SECTION lb: The State agrees to perform the maintenance on the above mentioned highways
consisting of surface maintenance of those portions of municipal extensions of all rural highways
within municipalities of the Second Class and Villages, the design of which exceeds the design
of the rural highways leading into the municipality. The State shall maintain the entire traveled
portion, including parking lanes thereon, of the municipal extension and the City shall reimburse
the State as set out in Section 7a of this agreement for maintaining that portion of said municipal
AGREEMENT
Maintenance Agreement No. 6
Maintenance Agreement Between
The Nebraska Department Of Roads
And The Municipality of Blair
Municipal Extensions in Blair
Maintenance Agreement No. 6
First Class. No allowance will be made for turning lanes or other auxiliary lanes except parking
lanes within municipalities of the Second Class and Villages.
SECTION ld. Special provisions in which the State shall perform partial maintenance and the
City shall perform partial maintenance on the same municipal extension(s) shall be set out by
addendum, in detail in Exhibit "B ", referred to in Section 4 of this agreement. Said addendum to
include specific responsibilities of the State and the City and dollar amounts allowed for
performance of said work by the State and by the City.
SECTION 2. Maintenance that may be required by "Acts of God" is not covered by this
agreement but shall be performed under special agreement in each specific case.
SECTION 3. Repair or reconstruction projects beyond the scope of normal surface
maintenance, which are let to contract through the State's contract letting procedure, are
considered to be beyond the scope of this Agreement. In the event the State and /or the City
should desire to do such work, the parties hereto may enter into a separate agreement for the
appropriate cost sharing.
SECTION 4. Only those municipal extensions of rural highways shown on the attached list
marked as Exhibit "C" and hereby made a part of this agreement shall be covered by this
agreement; however, additions and deletions may be made to Exhibit "C" by mutual written
agreement of the parties hereto.
SECTION 5. The above mentioned highways shall be inspected periodically, at least quarterly,
by the Department's District Engineer or the District Maintenance Superintendent, or their
authorized representatives, and by the City's Director of Public Works or his authorized
representative to review the adequacy of the maintenance work which has been performed.
SECTION 6. Materials used by the City in the performance work hereunder shall be selected by
mutual agreement of the parties hereto.
SECTION 7a. If Section 1 a or lb of this agreement is incorporated herein, the City will pay to
the State the sum of $ per Exhibit "B" per lane mile. The above cost figures shall include all labor,
equipment, tools, materials and supplies used or furnished by the State in the performance of the
work on the above mentioned highways. Fractional miles or fractional months, if any, will be
used in computing the amount payable in this agreement.
SECTION 7b. If Section 1 c of this agreement is incorporated herein, the State will pay the City
the sum of $ Per Exhibit "B" per lane mile. The above cost figure price per lane mile shall include all
labor, equipment, tools, materials and supplies used or furnished by the City in the performance
Maintenance Agreement Between
The Nebraska Department Of Roads
And The Municipality of Blair
Municipal Extensions in Blair
Maintenance Agreement No. 6
SECTION 7d. Payment under this agreement will be made on an annual basis after December
31, as soon as possible after submission by the State to the City or the City to the State, as the
case may be, of a Certificate approved by the District Engineer of the State, providing all work
has been done during the period for which payment is made in full conformity with the
agreement.
SECTION 8. Upon the failure of the City to perform any of the work named herein under the
terms of this agreement, the Director or District Engineer of the State may, with concurrence of
the City's Director of Public Works, do and perform such work or cause it to be done and
performed and may retain from any monies then due to the City or thereafter becoming due, any
such amount as is required for the completion of such work, provided, however, that this
paragraph shall not be construed to relinquish any rights of action which may accrue in behalf of
either party as against the other for any breach of agreement.
SECTION 9. It is further understood that all persons working on such highways are employees
of the State, City or of contracted third parties. All contracts and agreements made by the City
with third parties for the performance of any work to be done under this agreement shall be
subject to the terms of this agreement and shall comply with all State laws and requirements
relating to construction and maintenance contracts.
SECTION 10. The City agrees to abide by the provisions of the Nebraska Fair Employment
Practices Act, as provided by Neb. Rev. Stat. § 48 -1101 through § 48 -1126.
SECTION 11. The parties do further agree, anything to the contrary herein notwithstanding,
that the Director -State Engineer of the State of Nebraska, either in his individual or official
capacity, shall not be responsible or liable in any manner to the City or to any other person or
persons whatsoever for any claim, demand, action or causes of action of any kind or character
arising out of or by reason of the execution of this agreement or the negligent performance and
completion of the work and improvements provided for herein by the City or its agents or arising
out of any contract let by the City for the performance of any of the work provided herein.
SECTION 12. The City indemnifies, saves and holds harmless the State and all of its
departments, agents, and employees of and from any and all claims, demands, actions or causes
of action of whatsoever nature or character arising out of or by reasons of the execution or
performance of the work provided for herein by the City or its agents and further agrees to
defend at its own sole cost and expense any action or proceeding commenced for the purposes of
asserting any claim of whatsoever character arising hereunder as a result of work performed by
Maintenance Agreement Between
The Nebraska Department Of Roads
And The Municipality of Blair
Municipal Extensions in Blair
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their proper officials thereunto duly authorized as of the dates below indicated.
EXECUTED by the City this /v3 day of ;Ian (4/5vci , 200Y
ATTEST: CITY OF BLAIR
,fi?4f/ie, di -
City Clerk
L
EXECUTED by the State this ,day of 41ivZz� `� , 200 2 ..4
STATE OF NEBRASKA
DEPARTMENT OF ROADS
4T. , .� r h1/11,41,u _ .�
District Envy` eer
Maintenance Agreement No. .6
Maintenance Oneration
Neb. Rev. Stat. § 39 -1339
Surface maintenance of the traveled
way equivalent to the design of the
rural highway leading into municipality.
Surface maintenance of the roadway
exceeding the design of the rural
highway leading into the municipality
including shoulders and auxiliary lanes.
Surface maintenance on parking lanes.
Maintenance of roadway appurtenances
(including, but not limited to, sidewalks,
storm sewers, guardrails, handrails, steps,
curb or grate inlets, driveways, fire plugs, or
retaining walls)
Mowing of the right -of -way, right -of -way
maintenance and snow removal.
Bridges from abutment to abutment, except
appurtenances.
Maintenance Oneration
Neb. Rev. Stat. § 39 -1
MAINTENANCE OPERATION AND RESPONSIBILITY
Municipal extensions and connecting links
(Streets Designated Part of the State Highway Sys `em excluding Freeways)
Maintenance Resoonsibilitv
Neb. Rev. Stat. § 39 - 2105
Metropolitan Primary 1" Class
Cities Cities Cities
(Omaha) (Lincoln)
Department Dept. Dept.
City City City
City City City
City City City
City City City
Department Dept. Dept.
Maintenance Responsibility
Neb. Rev. Stat. § 60 -6,120 & § 60- 6,12.1
2"d Class
Cities & Villages
Dept.
City
Dept.
Dept.
Exhibit "A"
City or Village
City or Village
Metropolitan Primary 1" Class 1" Class 2" Class
Cities Cities Cities Cities Cities
(Omaha) (Lincoln) > 40,000 < 40,000
Pavement markings limited to lane lines, centerline, City City City Dept. Dept.
No passing lines, and edgelines on all connecting links
except state maintained freeways
Miscellaneous pavement marking, including City City City City City
angle and parallel parking lanes, pedestrian crosswalks,
school crossings, etc.
Procurement, installation and maintenance of guide City City City Dept. Dept.
and route marker signs
Procurement, installation and maintenance of City City City Dept. Dept.
regulatory and warning signs.
EXHIBIT `B"
City of Blair
Pursuant to Sections la, lb, lc, ld, 7a, 7b, 7c, and 7d of the Agreement and to Exhibit "C" made
a part of this Agreement through reference, the State agrees to pay to the City the sum of
$1260.00 per lane mile for performing the surface maintenance on those lanes listed on the
attached copy of Exhibit "C."
From Exhibit "C" it is determined that the State's responsibility for surface maintenance within
the Corporate limits is 17.30 lane miles.
17.30 lane miles X $1.260.00 ner lane mile = $21798.00 due the City for surface maintenance.
DESCRIPTION
South City Limits to
150' North of Clark St.
150' North of Clark St. to
Industrial Park Dr.
Industrial Park Dr.to
East City Limits
South City Limits to
East Jct. Hwy 30
West Jct. Hwy 30 to
23rd Street
23rd Street to
North City Limits
West City Limits to
Jct Hwy 30
South City Limits to
Jct Hwy 30
Total Lane Miles
30 449.90 450.55 0.65
75 113.91 114.97 1.06
RESPONSIBILITY FOR SURFACE MAINTENANCE
OF MUNICIPAL EXTENSIONS
HWY REF POST
NO. FROM TO
75 115.46 116.20 0.74
75 116.20 116.59 0.39
91 229.26 230.49 1.23
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Neb. rev. Stat. 39 -1339
and Neb. Rev. Stat. 39 -2105
TOTAL TOTAL
LENGTH DRIVING LANE RESPONSIBILITY
IN MILES LANES MILES STATE CITY
30 446.20 447.50 1.30 2 2.60 2.60
30 447.50 449.90 2.40
4 9.60 4.80 4.80
2 1.30 1.30
4 4.24 2.12 2.12
4 2.96 1.48 1.48
2 0.78 0.78
2 2.46 2.46
133 18.39 19.27 0.88 2 1.76 1.76
25.70 17.30 8.40
Exhibit "C"
Page 1 of 1
City of Blair
RESOLUTION NO. 2004 - 2
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council have been presented with an Interlocal
Cooperation Act Agreement between the City of Blair, Nebraska and The Metro Area Planning
Association for the purpose of providing new aerial photos and topography for the City
of Blair GIS.
WHEREAS, said Agreement is acceptable to the City of Blair.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA that the Agreement attached hereto, marked Exhibit "A' and
by this reference made a part hereof as though fully set forth herein, is hereby approved by the City
of Blair, Nebraska.
BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE
CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver said Agreement on
behalf of the City of Blair, Nebraska.
COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT.
UPON ROLL CALL, COUNCIL MEMBERS SCHEVE, STEWART, SHOTWELL, FANOELE,
MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL
MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND APPROVED THIS 13 DAY OF JANUARY, 2004.
ATTEST:
IDA R. TAYLOR, C
—1—
CITY OF BLAIR, NEBRASKA
JA E. REALPH, MAYOR
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 13th day
of January, 2004.
BR DA R. TAYLOR, CI� CLERK
RESOLUTION NO. 2004 - 2
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council have been presented with an Interlocal
Cooperation Act Agreement between the City of Blair, Nebraska and The Metro Area Planning
Association for the purpose of providing new aerial photos and topography for the City of Blair
GIS.
WHEREAS, said Agreement is acceptable to the City of Blair.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA that the Agreement attached hereto, marked Exhibit "A' and
by this reference made a part hereof as though fully set forth herein, is hereby approved by the City
of Blair, Nebraska.
BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE
CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver said Agreement on
behalf of the City of Blair, Nebraska.
COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT.
UPON ROLL CALL, COUNCIL MEMBERS SCHEVE, STEWART, SHOTWELL, FANOELE,
MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL
MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND APPROVED THIS 13 DAY OF JANUARY, 2004.
ATTEST:
DA R. TAYLOR, CL>"RK
—
CITY OF BLAIR, NEBRASKA
S E. REALPH, MAYOR
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 13th day
of January, 2004.
BR`E R. TAYLOR, fir' CLERK
AN AGREEMENT BETWEEN THE OMAHA - COUNCIL BLUFFS METROPOLITAN AREA
PLANNING AGENCY, AND THE CITY OF BLAIR, NE TO OBTAIN DIGITAL MAP PRODUCTS
FOR THE REGION
THIS AGREEMENT, made and entered into this day of , 2003 by and between
the Omaha - Council Bluffs Metropolitan Area Planning Agency (hereinafter called MAPA), and the
City of Blair, NE,
WHEREAS, a group of agencies within MAPA's jurisdiction (hereinafter called the Mapping
Consortium) and MAPA officials have mutually agreed the metropolitan area will benefit from the
mapping products to be obtained and have determined that such products can be acquired at a
lower cost through a joint mapping effort than if acquired by individual agencies.
WHEREAS, the Mapping Consortium and MAPA officials have further determined that the mutual
sharing of all products obtained under this agreement, as well as other non - proprietary digital
data already owned by Mapping consortium members, benefits all Mapping Consortium agencies
NOW, THEREFORE, the parties do agree that:
WITNESSETH:
PURPOSE
The purpose of this agreement is to provide for the funding and administration of a Mapping
Project (hereinafter called the Project). The project shall be undertaken by the Mapping Firm of
Horizons, Inc of Rapid City, South Dakota.
II.
STEERING COMMITTEE
A Steering Committee shall be formed, which shall be made up of at least five representatives of
the Mapping Consortium members, and which shall be responsible for guiding the conduct of the
Project, and deciding whether to accept the finished products of the Project Contractor. The
Steering Committee shall select a Project Manager who will be the point of contact between
MAPA and Horizons, Inc. The Steering committee will provide general direction relating to
Project contract administration; such direction will be carried out by the Project Manager. The
Steering Committee will provide staff resources necessary to review the Mapping Products and to
distribute and install the products for Mapping Consortium members.
III
SCOPE OF SERVICES
The scope of services to be performed or procured pursuant to this agreement will be as
described in the Contract between MAPA and Horizons, Inc. The work shall include obtaining
aerial photography for all or portions of Washington County, Nebraska; Douglas County,
Nebraska; Sarpy County, Nebraska; Dodge County, Nebraska; Pottawattamie County, Iowa; and
Cass County, Iowa. The Contractor will produce digital orthophotos, contours, and other digital
mapping products, as further specified in the Contract, within the mapping area.
IV.
METHODS AND PROCEDURE
The work program developed by the Steering Committee shall be performed by Horizons, Inc
who is recognized to have expertise in the field of this endeavor. MAPA shall enter into the
contract with Horizons, Inc. for completion of the contemplated work. No contract shall be signed
with Horizons, Inc. until MAPA and the Mapping Consortium members have executed this
Interlocal Agreement. After completion of the Project by Horizons, Inc, each party to this
Agreement shall receive a copy of the Digital Mapping Products which may be used for whatever
purpose they desire.
V .
FEES, RECORDS, PAYMENT
MAPA shall make payment in response to the billings by Horizons, Inc.
Horizons, Inc. shall provide regular monthly progress reports that shall be available to all Mapping
Consortium members. An account of Project billings and payments by MAPA shall made be
available to Mapping Consortium members upon request.
MAPA shall bill the City of Blair, NE as agreed upon. The City of Blair, NE shall pay MAPA
$13,000.00 within 30 days of receipt of bill.
VI.
ADMINISTRATION
Administration of the Project shall be the responsibility of MAPA. The Steering Committee shall
review payment decisions made by MAPA before payment is made to Horizons, Inc. Payment
may be withheld if, in the opinion of the Steering Committee, Horizons, Inc. has not properly
performed or documented the services for which the billing has been made, or if said services are
not within the approved scope of work.
VII.
DURATION
This Agreement shall remain in full force and effective until March 31, 2005, unless the Project
contemplated by this Agreement has been fully performed to the satisfaction of MAPA and the
Mapping Consortium prior to that date, in which case, the Agreement will terminate upon the
completion of the Steering Committee's duties. This Agreement may be extended past March 31,
2005, upon the mutual agreement of all parties to this Agreement, if it is necessary for completion
of the Project contemplated by it.
VIII.
NON - DISCRIMINATION
The parties to this Agreement shall not, in the performance of this Agreement discriminate or
permit discrimination in violation of federal or state laws or local ordinances because of race,
color, sex, age, disability, political or religious opinions, affiliations or national origin.
IX.
APPLICABLE LAW
Parties to this Agreement shall conform with all existing and applicable local ordinances,
resolutions, state and local laws, federal laws, and all existing and applicable rules and
regulations. Nebraska law will govern the terms and the performance under this Agreement.
X.
STRICT COMPLIANCE
All provisions of this Agreement and each and every document that shall be attached shall be
strictly complied with as written, and no substitution or change shall be made except upon written
direction from an authorized representative.
This Agreement shall not be merged into any other oral or written contract, lease or deed of any
type. This is the complete and full agreement of the parties.
This Agreement contains the entire agreement of the parties. No representations were made or
relied upon by either party other than those that are expressly set forth herein. No agent,
employee or other representative of either party is empowered to alter any of the terms hereof
unless done in writing and signed by an authorized officer of the respective parties.
In WITNESSETH WHEREOF, the parties hereto have caused this instrument to be signed and
sealed by their duly authorized representative.
OMAHA - COUNCIL BLUFFS ATTEST:
METROPOLITAN AREA PLANNING AGENCY
BY:(
Chairman
City of Blair, NE
APPROVED AS TO FORM
MAPA Legal Council
Date
XI.
MERGER
XII.
MODIFICATION
BY:!` .2e.
ATTEST:
BY:
Date
Z,e
i Date
FUNDING PARTICIPATION FOR 2004 AERIAL MAPPING SERVICES
Agency
Cost Share
City of Omaha $ 137,000.00
Douglas County Engineers Office $ 111,000.00
Douglas County Assessor $ 10,000.00
Douglas County Environmental Services $ 10,000.00
Papio Mo River NRD $ 70,000.00
MUD $ 7,500.00
MAPA $ 250,000.00
USGS $ 75,000.00
FEMA $ 20,000.00
NDOR $ 10,000.00
Sarpy County $ 52,500.00
Pottawattamie County $ 250,000.00
City of Fremont $ 12,000.00
Washington County $ 10,000.00
City of Blair $ 13,000.00
Omaha Airport Authority $ 15,000.00
Total $ 1,053,000.00
FUNDING PARTICIPATION FOR 2004 AERIAL MAPPING SERVICES
Agency
City of Omaha
Douglas County Engineers Office
Douglas County Assessor
Douglas County Environmental Services
Papio Mo River NRD
MUD
MAPA
USGS
FEMA
NDOR
. Sarpy County
Pottawattamie County
City of Fremont
Washington County
City of Blair
Omaha Airport Authority
Total
Cost Share Douglas Co. Sarpy Co. Washington Co. Pottawattamie Co. Other Total
$ 137,000.00 $ 137,000.00
$ 111,000.00 $ 111,000.00
$ 10,000.00 $ 10,000.00
$ 10,000.00 $ 10,000.00
$ 70,000.00 $ 30,000.00 $ 30,000.00 $ 10,000.00
$ 7,500.00 $ 7,500.00
$ 250,000.00 $ 50,000.00 $ 50,000.00 $ 26,000.00 $
$ 75,000.00 $ 30,000.00 $ 15,000.00 $ 12,000.00 $
$ 20,000 $ 10,000 $ 10,000
$ 10,000 $ 5,000 $ 3,000 $ 2,000
$ 52,500 $ 52,500
$ 250,000 $
$ 12,000
$ 10,000 $ 10,000
$ 13,000 $ 13,000
$ 15,000 $ 15,000
$ 1,053,000 $ 415,500 $ 160,500 $ 73,000 $
$ 137,000
$ 111,000
$ 10,000
$ 10,000
$ 70,000
$ 7,500
50,000.00 $ 74,000 $ 250,000
18,000.00 $ 75,000
$ 20,000
$ 10,000
$ 52,500
250,000 $ 250,000
$ 12,000 $ 12,000
$ 10,000
$ 13,000
$ 15,000
318,000 $ 86,000 $ 1,053,000
Via Telefax Only
(402) 426 -4195
Scott Bovick
City of Blair
218 South 16th Street
Blair, NE 68008
Dear Scott
1 have reviewed the MAPA Agreement it appears to be pretty straight forward.
The maximum exposure to the City is $13,000.00, It appears that MAPA will bill this out
in one installment and the City will have 30 days to pay. If you have any other
questions please contact me.
GCH:Us
CITY OF BLAIR
ATTORNEY
GEOFFREY C. HALL
1664 Washington St. - P.O. Box 216 • Blair, Nebraska 68008
Telephone; (402) 426 -4424 • Facsimile; (402) 426 -4666
RE: MAPA Agreement
Wednesday, December 24, 2003
RESOLUTION NO. 2004 - 3
COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council have reviewed the Federal Aid Routing Map for
the City of Blair and have decided that it is prudent to update the Federal Aid Routing Map.
WHEREAS, in an effort to update the Federal Aid Routing Map for the City of Blair it is
necessary that changes to Federal Aid Routing Map be made in order to provide better
transportation throughout the City of Blair and to further public safety.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA that the following changes to the Federal Aid Routing Map
for the City of Blair and said changes are attached hereto, marked Exhibit "A' and by this reference
are made a part hereof as though fully set forth herein, and are hereby approved by the City of Blair,
Nebraska.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER
SHOTWELL. UPON ROLL CALL, COUNCIL MEMBERS SHOTWELL, SCHEVE,
STEWART, FANOELE, MCMANIGAL, ABBOTT, WOLFF, AND BIFFAR_ VOTING "AYE"
AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AND APPROVED THIS 13TH DAY OF JANUARY,
2004.
AT ST: /
BRENDA R. TAYL IT CLERK
(SEAL)
—
CITY OF BLAIR, NEBRASKA
JADES REA , MAYOR-
) :ss:
WASHINGTON COUNTY )
STATE OF NEBRASKA
BRENDA R. TAYLOR 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 13th day
of January, 2004.
BRENDA R. TAYLOR, C ' CLEtK
trof &le Sr
2
to
Rd 6464 cow
Washr
unt . st =MEW 41:1111111MMINIA
MEM EillIEWIEN
F1111111M-
Sooth St 1111111111ME
AMP>
CENINO Cr
Clr
Norihrldge
CR
VI Oa sr
• • ...
Surfrkas
'•—'•••••,. 13 1 19
ir
Rd 124
el. I Il i • • 1 .... 01 „
t•••
• HICkOrY
Rd P322
hollow Rd
*e?
1 1
Rd 6450
it
23 1 24
mu.. sr
P26452 ;I
P
• ••+••• •••••••••••,••••• • •:••;-•.
13 IA
24 IA
Non St
0/
Rd 222
1
6 I 5
w Foffv/e
C w Dr
I
LEGEND
8
15 IT
NATIONAL FUNCTIOINA CLASSIFICATION;
URBAN PRINCIPAL ARTERIAL
INTERSTATE
URBAN PRINCIPAL ARTEIIAL
OTHER FREEWAYS 6 EXITES ......... - .....
URBAN PRINCIPAL ARTERIA(.
OTHER CONNECTING LINK
URBAN PRINCIPAL ARTERIAL
OTHER NON-CONNECTING LINK
URBAN MINOR ARTERIAL
t
F - 6Tr a/
LRBAN COLLECTOR
URBAN AREA BOUNDARIES-
All Streets Not Otherwise Imdlcot Are Classified 2
Revised November 25,2003
RESOLUTION NO. 2004 - 3
COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council have reviewed the Federal Aid Routing Map for
the City of Blair and have decided that it is prudent to update the Federal Aid Routing Map.
WHEREAS, in an effort to update the Federal Aid Routing Map for the City of Blair it is
necessary that changes to Federal Aid Routing Map be made in order to provide better
transportation throughout the City of Blair and to further public safety.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA that the following changes to the Federal Aid Routing Map
for the City of Blair and said changes are attached hereto, marked Exhibit "A' and by this reference
are made a part hereof as though fully set forth herein, and are hereby approved by the City of Blair,
Nebraska.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER
SHOTWELL. UPON ROLL CALL, COUNCIL MEMBERS SHOTWELL, SCHEVE,
STEWART, FANOELE, MCMANIGAL, ABBOTT, WOLFF, AND BIFFAR_ VOTING "AYE"
AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AND APPROVED THIS 13TH DAY OF JANUARY,
2004.
ATT ST:
B ENDA R. TAYLOR
(SEAL)
7
CI
CLERK
–1–
CITY OF BLAIR, NEBRASKA
JA REALPH, MAYOR —
COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, a Purchase Agreement between the City of Blair as Sellers, and Ridgeview
Townhomes, L.L.C., as Buyer, has been prepared and presented to the City Council providing
for the terms and provisions of the purchase by Ridgeview Townhomes, L.L.C., of Lots 37 -49,
Ridgeview Estates, City of Blair, Washington County, Nebraska, a copy of which Purchase
Agreement is attached hereto, marked Exhibit "A" and by this reference made a part hereof, and
WHEREAS, the terms and conditions of the Purchase Agreement is acceptable to the
municipality.
NOW, THEREFORE, BE IT RESOLVED that the Purchase Agreement referred to
hereinabove is hereby adopted and accepted by the City of Blair and the Mayor is hereby
authorized and directed to execute same on behalf of the municipality.
COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL,
FANOELE, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING "AYE ", AND
COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AND ADOPTED THIS 13TH DAY OF JANUARY,
2004.
ATTEST:
BRENDA R. TAYLOR, ? ►' CLERK
(SEAL)
RESOLUTION NO. 2004 - 4
CITY OF BLAIR, NEBRASKA
JAM.E 4 E. REALPH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 13th day of January, 2004.
BRENDA R. TAYLOR, CI
CLERK
RECITALS
PURCHASE AGREEMENT
EXHIBIT A
THIS PURCHASE AGREEMENT (the "AGREEMENT ") is made and entered into this
13th day of January, 2004, by and between The City of Blair and Excel Health Services, Inc.,
d/b /a Excel Development Group (the "PURCHASER ").
A. SELLER is the owner of certain real property, hereinafter referred to as "THE
PROPERTY ", legally described as follows:
Lots 37 -49, Ridgeview Estates, City of Blair, Washington County, Nebraska
B. SELLER desires to sell and PURCHASER desires to acquire THE PROPERTY,
subject to the terms and conditions set forth herein.
C. The parties hereto desire their AGREEMENT to be reduced to writing.
NOW, THEREFORE, in consideration of, and based on, the foregoing Recitals and the
mutual promises and agreements set forth below, the parties agree as follows:
1. SALE AND PURCHASE: At Closing SELLER shall sell to PURCHASER and
PURCHASER shall purchase from SELLER THE PROPERTY. The closing of the Purchase
shall take place on or before January 14, 2004, or such other time as the parties may mutually
agree in writing.
2. SALE CONDITIONAL: (a) This sale is conditional upon PURCHASER
obtaining from Nebraska Investment Financial Authority (NIFA) approval of its application for a
portion of the tax credits available in 2004 for low income housing projects. In the event
PURCHASER has not obtained such approval on or before January , 2005, this Agreement
shall be null and void, and SELLER shall be free to sell THE PROPERTY to any third party. (b)
This sale is further conditional upon the right of Remonstrance provided by Nebr. Rev. Stat. Sec.
16 -202, and, and in the event such Remonstrance is filed, this Agreement shall be null and void.
3. PURCHASE PRICE AND PAYMENT:
(a) Purchase Price - The total purchase price for the said PROPERTY is
$12,500.00 for each lot for the total sum of $162,500.00
(b) Non - Refundable Earnest Deposit — BUYER agrees to pay SELLER a non-
refundable earnest deposit in the sum of $16,000.00 contemporaneously with the
execution of this Agreement. In the event BUYER consummates the purchase, said
earnest deposit shall be applied against the purchase price. in the event BUYER
fails, refuses or neglects to purchase the real estate ( for any reason other than a
material breach by SELLER of any provisions of this Agreement), then SELLER
shall be entitled to retain the entire earnest deposit free and clear of any claim of the
BUYER.
Remaining Balance — The remaining balance due from BUYER shall be paid in
cash or certified funds on closing date.
4. ENVIRONMENTAL CONDITIONS: SELLER represents that SELLER has no
knowledge of any adverse environmental conditions which affect THE PROPERTY, the value
thereof, or liability in connection therewith, except such environmental conditions as have been
fully disclosed to the PURCHASER. PURCHASER may, at PURCHASERS expense, conduct
an environmental audit of the property. In the event such audit reveals the possible existence of
environmental conditions adverse to PURCHASER, PURCHASER may rescind this agreement
and SELLER shall return any earnest money deposit to PURCHASER.
5. "AS IS ": SELLER has sold THE PROPERTY "as is ", making no representations
or warranties concerning it of any kind or nature, except as is expressly set forth in this
AGREEMENT.
6. TITLE AND POSSESSION: SELLER agrees to deliver at or before Closing a
general Warranty Deed to THE PROPERTY conveying to PURCHASER marketable title to
THE PROPERTY, free and clear of all mortgages, deeds of trusts, leases, encumbrances, liens,
statutory rights, assessments, covenants, charges or adverse claims of any kind or character
whatsoever, except for easements and restrictions of record that are acceptable to PURCHASER.
SELLER shall deliver possession of THE PROPERTY to PURCHASER on the date of closing.
7. TITLE INSURANCE: Upon the signing of the Purchase Agreement, SELLER
shall furnish PURCHASER with a commitment for an owner's policy of title insurance in the
amount of the purchase price which insures marketable title to THE PROPERTY, subject only to
the easements, restrictions and other matters of record that are acceptable to the PURCHASER.
Written notice of any easement, restriction or other matter affecting title to THE PROPERTY
that is unacceptable to PURCHASER shall be delivered to SELLER within two (2) weeks from
the receipt of the commitment. SELLER shall have a reasonable period, not exceeding fifteen
(15) days, to cure any unacceptable easement, restriction or other matter affecting the title to
THE PROPERTY. Written . notice of any easement, restriction or other matter affecting title to
THE PROPERTY contained in the updated commitment that is unacceptable to PURCHASER
or its counsel shall be delivered to SELLER within ten (10) days from receipt of such
commitment. SELLER shall have a reasonable period, not exceeding fifteen (15) days, to cure
any unacceptable easement, restriction or other matter affecting title to THE PROPERTY. If
SELLER is unable to cure any such defect, PURCHASER may rescind this AGREEMENT and
SELLER shall return the Earnest Money Deposit to PURCHASER.
8. TAXES AND OTHER ASSESSMENTS: SELLER shall pay 2003 and all prior
general real estate taxes and special assessments, if any, on THE PROPERTY which are now
due. Special assessments would not include the cost of gaining access to the water sewer which
runs by the property. Taxes for the year 2004 shall be prorated to the date of closing, on the
basis of the most recent assessed valuation and the most recent tax rate or levy available from the
appropriate governing body at the time of closing. PURCHASER shall pay 2005 and all future
2
real estate taxes, including any assessments, special or otherwise, assessed against THE
PROPERTY arising after the date of closing.
9. DIVISION OF EXPENSES: The parties agree that the expenses in connection
with the sale and purchase of THE PROPERTY shall be divided as follows:
A. Attorney and Accounting fees: each party pays their own.
B. Owner's Title Insurance Premium: One -half SELLER and one -half
PURCHASER;
C. Any additional title insurance charges, including endorsements or
charges for a Lender's Policy: PURCHASER;
D. Cost of preparing and recording any documents necessary to
correct any defects in title: SELLER;
E. Nebraska documentary stamp tax: SELLER;
F. Recording fees for recording Warranty Deed: PURCHASER.
10. TERMINATION. Except as otherwise provided herein, if the conditions of
Closing for a party have not been materially complied with and such noncompliance shall not
have been waived by the other, such other party may terminate this AGREEMENT and upon
such teunination neither PURCHASER nor SELLER shall have any liability one to the other,
except that SELLER shall return the Earnest Money Deposit to PURCHASER.
11. AUTHORITY: PURCHASER is a corporation duly organized and validly
existing in good standing under the laws of the State of Nebraska. The person signing this
Agreement for PURCHASER has authority to do so by virtue of his capacity as Chief Financial
Officer.
12. PROVISIONS BINDING: The terms and provisions of this AGREEMENT shall
be binding upon the PURCHASER and SELLER, and upon their heirs, devisees, legatees,
personal representatives, successors and assigns.
13. COUNTERPARTS: In the interest of time, for purposes of this Agreement,
facsimile signatures shall be treated as originals, and this AGREEMENT may be executed in any
number of counterparts, each of which shall be deemed an original but all of which shall
constitute one and the same instrument.
14. FURTHER ASSURANCES: Each of the parties hereto, without further
consideration, agrees to execute and deliver such other documents and take such other action,
whether prior to or subsequent to Closing, as may be necessary to more effectively consummate
the intent and purpose of the AGREEMENT.
3
15. GOVERNING LAW: This AGREEMENT shall be governed by and construed in
accordance with the laws of the State of Nebraska.
16. SEVERABILITY: If for any reason whatsoever, any one or more of the
provisions of this AGREEMENT shall be held or deemed to be inoperative , unenforceable, or
invalid as applied to any particular case or in all cases, such circumstances shall not have the
effect of rendering such provision invalid in any other case or of rendering any of the other
provisions of this AGREEMENT inoperative, unenforceable, or invalid.
17. SURVIVAL AND NONMERGER: All terms, conditions, representations, and
warranties contained in this AGREEMENT shall survive the execution hereof and the Closing
hereunder, including, but not limited to, the execution and delivery of any deed related to THE
PROPERTY to be conveyed hereunder, and shall not merge into any deed.
18. TIME OF ESSENCE: The parties agree that time is of the essence in the
performance of their respective obligations hereunder.
19. WAIVER: Either PURCHASER or SELLER may, by written notice to the other,
(a) extend the time for the performance of any of the obligations or other actions of the other
under this AGREEMENT; (b) waive any inaccuracies in the representations or warranties of
the other contained in this AGREEMENT or in any document delivered pursuant to this
AGREEMENT; (c) waive compliance with any of the conditions or covenants of the other
contained in this AGREEMENT; or (d) waive performance of any of the obligations of the other
under this AGREEMENT. Except as provided in the preceding sentence, no action taken
pursuant to this AGREEMENT, including, without limitation, any investigation by or on behalf
of any party, shall be deemed to constitute a waiver by the party taking such action of
compliance with any representations, warranties, covenants, or agreements contained in this
AGREEMENT. The waiver by any party hereto of a breach of any provision hereunder shall not
operate or be construed as a waiver of any prior or subsequent breach of the same or any other
provisions hereunder.
20. CONSTRUCTION. The parties hereto acknowledge and agree that each party has
participated in the drafting of this AGREEMENT and that the normal rule of construction to the
effect that any ambiguity is to be resolved against the drafting party shall not apply to the
interpretation of this AGREEMENT. No inference in favor of, or against, any party shall be
drawn by the fact that one party has drafted any portion hereof.
SELLER: PURCHAS OR:
The City of Blair
By: `� -- �
7s 606 10 6
4
Excel
Excel
By
. c. d/b /a
ev lo . me . � . up
42 dit-C
a Servic
ame
4 , 7)
ty i riilltj t/ Tax I.D. # Social Security Number/ Tax I.D.
STATE OF NEBRASKA )
COUNTY OF in )
ss
The foregoing instrume t was ac wledged before me this (� day
\ 5 of
_.-JC��t,car4 ,200` ,by _J ccCJ
SELLER.
1 GENERAL NOTARY - StateorNebrasia
PEGGYJ.FRAHM
J My Comm. Exp. June 20, 2004 Notary Public
STATE OF NEBRASKA )
/ ss
COUNTY OF LjaA)G4 J e72 )
------ The foregoing in _acknowledged before me this 2 P day of
i ! , 2001, bye. —be),J l /
B _
UYER.
GENERAL NOTARY - State of Nebraska
I CHRISTINE L. DIENSTRIER
— My Comm. Exp. April 4, 2007 ` _ .L-.�-
Notary Public
5
COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the
2004 One and Six Year Plan for the construction and maintenance and repair of the streets of the City
of Blair, Nebraska, as prepared by the City Street Superintendent and dated January 27, 2004 be and
is hereby adopted.
BE IT FURTHER RESOLVED that a copy of said plan be filed with the Department of
Roads, State of Nebraska.
COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE,
MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE ", AND COUNCIL MEMBERS
NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS
PASSED AND ADOPTED THIS 27 DAY OF JANUARY 2004.
ATTEST:
/6-7-#4".
(SEAL)
BRENDA R. TAYLO TY CLERK
RESOLUTION NO. 2004 -5
CITY OF BLAIR, NEBRASKA
S E. REALPH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR, 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 27 day of
January, 2004.
COUNTY:
I
I
SIGNATURE:
PROJECT NUMBER
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
FORM 11 REPORT OF PREVIOUS YEAR
HIGHWAY OR STREET IMPROVEMENT
YEAR ENDING:
B- 84(Y -03) NA
B- 81(Y -02) 0.19
B- 80(Y -02) J 0.38
B- 02(Y -01) 1 0.27
B- 87(Y -03) 1 0.1
LENGTH
1MEAREST7EV7N1
2004
!CITY:
Blair
PROJECTED
UNIT OF COST
MEASURE (IN THOUSANDS)
MI
MI
MI
MI
MI
TITLE:
180
100
100
35
40
SHEET
Director of Public Works
1
!VILLAGE:
CONTRACT OWN
PROJECT FORCES
DATE:
OF 1
DATE COMPLETED
(ACTUAL OR ESTIMATED)
September 2002
June 2003
June 2003
April 2003
December 2003
YEAR ENDING 2004.00
COUNTY:
PRIORITY
NUMBER
1
2
3
4
5
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
FORM 8 SUMMARY OF ONE - YEAR PLAN
PROJECT NUMBER I LENGTH
kNE REST -TENTH)
M -157(Y -175)
M -157(Y -157)
B- 88(Y -04)
B -89 (Y -04 )
B- 90(Y -04)
SIGNATURE: TITLE:
!CITY:
2.0 MI
7.75 1 MI
NA ! MI
NA ! MI
0.1 I MI
Blair
UNIT OF
MEASURE
SHEET 1 OF
VILLAGE:
ESTIMATED COST REMARKS
(Thousands)
8700
4676
211
226
110
DATE:
- COUNTY:
SIGNATURE:
LOCATION DESCRIPTION:
Highway 30 from Lincoln Street to Highways 133 & 30
EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, grave!, asphalt, concrete, culvert, or bridge)
PCC /ACC
AVERAGE DAILY TRAFFIC:
19 96 = 1259E, 20
DESIGN STANDARD NUMBER:
X
GRADING
AGGREGATE
ARMOR GOAT
ASPHALT
ESTIMATED COST
(IN THOUSANDS)
*OPTIONAL
FORM 7 ONE- AND SIX -YEAR PLAN
HIGHWAY OR STREET IMPROVEMENT PROJECT
i
X
X
X
X
DR2
CONCRL I E
CURB & GUTTER
DRAINAGE STRUCTURES
EROSION CONTROL
BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH
NEW BRIDGE:
BOX CULVERT:
CULVERT:
*COUNTY
Project Length = 2.0
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
CITY: VILLAGE:
Blair
JCLASSIFICATION TYPE: (as shown on Functional Classification Map)
Major Arterial
PROPOSED IMPROVEMENT
SURFACING: 9" THICKNESS 62' WIDTH
X
X
X
X RIGHT OF WAY
UTILITY ADJUSTMENTS
FENCING
SIDEWALKS
_______ LENGTH TYPE
ROADWAY WIDTH LENGTH TYPE
- - - - -- SPAN - -A - -- RISE LENGTH TYPE
DIAMETER LENGTH
YES r -NIA Bridges and Culverts Sized [JH Analysis Pending
OTHER CONSTRUCTION FEATURES: Reconstruction of state highway 30 from - 2 lanes to 4 lanes with center turn lane.
(Second half of the project to be com2feted this year) - - - --
*CITY ! *STATE *FEDERAL *OTHER
1700
(Nearest Tenth) PROJECT NUMBER:
(State Unit of Measure)
TITLE:
Director of Public Works
Page 1
nLIGHTING
TOTAL
8700
M -157(Y -175)
DATE:
TYPE
COUNTY:
EXISTING SURFACE TYPE AND STRUCTURES:
Dirt
AVERAGE DAILY TRAFFIC:
19 = , 20
X
GRADING
AGGREGATE
ARMOR COAT
ASPHALT
X
X
X
X
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
FORM 7 ONE- AND SIX -YEAR PLAN
HIGHWAY OR STREET IMPROVEMENT PROJECT
CITY:
LOCATION DESCRIPTION:
Highway Bygass corridors - Highway 30 &133 area to Hghway 30 East and Hhway 30 East
to Highway 75 North
Blair
DESIGN STANDARD NUMBER:
CONCRETE
CURB & GUTTER
DRAINAGE STRUCTURES
EROSION CONTROL
(such as dirt, gravel, asphalt, concrete, culvert, or bridge)
i CLASSIFICATION TYPE:
PROPOSED IMPROVEMENT
SURFACING:
X RIGHT OF WAY
X UTILITY ADJUSTMENTS
FENCING
SIDEWALKS
BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH
1VILLAGE:
(as shown on Functional Classification Map)
None
THICKNESS
El LIGHTING
WIDTH
TYPE
TYPE
SPAN TYPE
DIAMETER LENGTH TYPE
El YES r TN /A Bridges and Culverts Sized Ed Hydraulic Analysis Pending
OTHER CONSTRUCTION FEATURES: Construction of a new bypass from Highway 133 to Highway 75 and around the
East side of the city to Highway 75 North of the city. (EIS being conducted at this time)
NEW BRIDGE: ROADWAY WIDTH LENGTH
BOX CULVERT:
CULVERT:
ESTIMATED COST
(IN THOUSANDS)
*OPTIONAL
Project Length =
SIGNATURE:
*COUNTY I *CITY *STATE
I 4676 1 I
(Nearest Tenth)
7.75 (State Unit of Measure)
RISE LENGTH
*FEDERAL ! *OTHER
Page 1
PROJECT NUMBER:
TITLE:
Director of Public Works
TOTAL
4676
M -157(Y -157)
I. DATE:
COUNTY:
LOCATION DESCRIPTION:
17th Street bidge over South Creek
EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, or bridge)
ACC /PCC
AVERAGE DAILY TRAFFIC: '___ CLASSIFICATION TYPE: (as shown on Functional Classification Map)
19 = 20 = Local
PROPOSED IMPROVEMENT
DESIGN STANDARD NUMBER:
x
GRADING
AGGREGATE
ARMOR COAT
ASPHALT
FORM 7 ONE-. AND SEX -YEAR PLAN
HIGHWAY OR STREET IMPROVEMENT PROJECT
BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH
NEW BRIDGE: ROADWAY WIDTH LENGTH
____ Y _
BOX CULVERT: 3 -8' SPAN 10' RISE 50' LENGTH Concrete
CULVERT:
F YES F TN /A Bridges and Culverts Sized J X'Hydraulic Analysis Pending
OTHER CONSTRUCTION FEATURES: Construction if a new box culvert to replace the existing bridge.
ESTIMATED COST *COUNTY *CITY
(IN THOUSANDS)
*OPTIONAL 42
Project Length =
SIGNATURE:
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
CONCRE I E
CURB & GU i I ER
DRAINAGE STRUCTURES
EROSION CONTROL
CITY: VILLAGE:
Biair
X
X
X
SURFACING:
RIGHT OF WAY
UTILITY ADJUSTMENTS
FENCING
SIDEWALKS
DIAMt i ER LENGTH
*STATE *FEDERAL
169
(Nearest Tenth) l PROJECT NUMBER:
NA (State Unit of Measure)
TITLE:
Director of Public Works
Page 1
*OTHER
THICKNESS WIDTH
fl LIGHTING
TYPE
TYPE
TYPE
TYPE
TOTAL
211
B- 88fY -04)
I. DATE:
COUNTY:
LOCATION DESCRIPTION:
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
FORM 7 ONE- AND SIX -YEAR PLAN
HIGHWAY OR STREET IMPROVEMENT PROJECT
CITY:
Blair !VILLAGE:
16th Street bilge over South Creek
EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, or bridge)
ACC /PCC
AVERAGE DAILY TRAFFIC:
19 =
DESIGN STANDARD NUMBER:
BRIDGE TO REMAIN IN PLACE
NEW BRIDGE:
BOX CULVERT:
CULVERT:
DYES r /A
ESTIMATED COST
(IN THOUSANDS)
*OPTIONAL
Project Length =
SIGNATURE:
X
GRADING
AGGREGATE
ARMOR COAT
ASPHALT
i
3 -10'
'COUNTY
, 20
CONCRE I E
CURB & GUTTER
DRAINAGE STRUCTURES
EROSION CONTROL
CLASSIFICATION TYPE:
PROPOSED IMPROVEMENT
SURFACING:
RIGHT OF WAY
X UTILITY ADJUSTMENTS
X FENCING
SIDEWALKS
X
ROADWAY WIDTH LENGTH
ROADWAY WIDTH LENGTH
SPAN 12' RISE 50' LENGTH Concrete
DIAMETER LENGTH
Bridges and Culverts Sized LJHydrauiic Analysis Pending
OTHER CONSTRUCTION FEATURES: Construction if a new box culvert to replace the existing bride.
NA
*CITY I *STATE I
42 I
(Nearest Tenth)
(State Unit of Measure)
Page 1
*FEDERAL I *OTHER
184 I
PROJECT NUMBER:
TITLE:
Director of Public Works
(as shown on Functional Classification Map)
Collector
THICKNESS
n LIGHTING
WIDTH
TYPE
TYPE
TYPE
TYPE
TOTAL
226
B- 89DY -04)
DATE:
.COUNTY: !CITY:
LOCATION DESCRIPTION:
Pittack Street
BRIDGE TO REMAIN IN PLACE
NEW BRIDGE:
BOX CULVERT:
development.
ESTIMATED COST *COUNTY I
(IN THOUSANDS)
*OPTIONAL
Project Length =
SIGNATURE:
GRADING
AGGREGATE
ARMOR COAT
ASPHALT
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
FORM 7 ONE- AND SIX -YEAR PLAN
HIGHWAY OR STREET IMPROVEMENT PROJECT
EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, or bridge)
rock
AVERAGE DAILY TRAFFIC: Unknown CLASSIFICATION TYPE:
19 = 20 =
PROPOSED IMPROVEMENT
DESIGN STANDARD NUMBER: DR2 SURFACING:
CONCRETE
CURB & GUTTER
DRAINAGE STRUCTURES
EROSION CONTROL
*CITY I *STATE
1 110
(Nearest Tenth)
0.1 (State Unit of Measure)
!VILLAGE:
Blair
X
X
ROADWAY WIDTH LENGTH TYPE
ROADWAY WIDTH LENGTH TYPE
SPAN RISE LENGTH TYPE
- --- - -- __________
CULVERT: __ 2 -36" DAME 70` LENGTH RCP --- - - - - -- - TYPE
-- •---------------- ---- - -- - --
YES TN /A Bridges and Culverts Sized I 7HydraulicAnalysis Pending
OTHER CONSTRUCTION FEATURES: Construction of new storm sewer and PCC pavement for new road to serve
! TITLE:
Director of Public Works
Page 1
RIGHT OF WAY
UTILITY ADJUSTMENTS
FENCING
SIDEWALKS
*FEDERAL
PROJECT NUMBER:
(as shown on Functional Classification Map)
Local
7" THICKNESS 25' WIDTH
*OTHER
nLIGHTING
B- 90(Y -04)
DATE:
TOTAL
110
I
^OUNTY:
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
SIGNATURE:
PRIORITY
NUMBER
1
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
FORM 9 SUMMARY OF SIX -YEAR PLAN
SIX -YEAR PERIOD ENDING: 2004
M -157(Y -175)
M -157(Y -157)
B- 88(Y -04)
B- 89(Y -04)
B- 90(Y -04)
B- 79(Y -02)
B- 77(Y -02)
B- 79(Y -02)
B- 76(Y -02)
B- 03(Y -01)
B- 83(Y -03)
M -157(Y -177)
B- 07(Y -01)
M -157(Y -213)
B- 65(Y -03)
B- 04(Y -01)
B- 91(Y -04)
CITY:
PROJECT NUMBER LENGTH
(NEAREST-TENTHJ
2.0
7.75
NA I MI
NA MI
0.1 MI
NA f MI
0.35 MI
NA MI
0.5 MI
0.13 MI
0.2 MI
0.2 MI
0.5 MI
4.0 MI
0.75 MI
0.32 I MI
NA MI
TITLE:
Director of Public Works
Blair
UNIT OF
MEASURE
MI
MI
SHEET
ESTIMATED COST
(Thousands)
8700
4676
211
226
110
175
150
175
400
100
70
100
5000
500
250
100
500
DATE:
1
VILLAGE:
OF
REMARKS
COUNTY:
LOCATION DESCRIPTION:
Hig wa! 91 at 23rd Street
EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete. culvert, or bridge)
ACC /PCC
AVERAGE DAILY TRAFFIC:
PROPOSED IMPROVEMENT
DESIGN STANDARD NUMBER: DR2 SURFACING: 10"
X
BRIDGE TO REMAIN IN PLACE
NEW BRIDGE:
BOX CULVERT:
CULVERT: _ DIAMETER LENGTH
- ---- - °-- ------ - --- -- - -- --------------- -----
EYES r X TN /A Bridges and Culverts Sized Hydraulic Analysis Pending
OTHER CONSTRUCTION FEATURES: Reconstruction of the intersection to allow for left turn lane and better Sipt
distance.
ESTIMATED COST *COUNTY
(IN THOUSANDS)
*OPTIONAL
Project Length =
SIGNATURE:
19 96 _ -_ = 2205 , 20
GRADING
AGGREGATE
ARMOR COAT
ASPHALT
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
FORM 7 ONE- AND SIX -YEAR PLAN
HIGHWAY OR STREET IMPROVEMENT PROJECT
X
X
NA
CITY:
CONCREI
CURB & GUTTER
DRAINAGE STRUCTURES
EROSION CONTROL
ROADWAY WIDTH LENGTH
ROADWAY WIDTH LENGTH
SPAN RISE LENGTH
*CITY *STATE I
175 I
(Nearest Tenth)
(State Unit of Measure)
IVILL4GE:
Blair
J CLASSIFICATION TYPE: (as shown on Functional Classification Map)
X
X
Page 1
X RIGHT OF WAY
X UTILITY ADJUSTMENTS
FENCING
SIDEWALKS
*FEDERAL
PROJECT NUMBER:
T!TL E:
Director of Public Works
Major Arterial
*OTHER
THICKNESS 38 WIDTH
LIGHTING
TYPE
TYPE
TYPE
TYPE
TOTAL
175
B- 79
RATE:
COUNTY:
LOCATION DESCRIPTION:
16th Street from Nebraska Street to Adams Street
EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt concrete, culvert, or bridge)
ACC /PCC
AVERAGE DAILY TRAFFIC:
19
DESIGN STANDARD NUMBER: DR2
X GRADING
AGGREGATE
ARMOR COAT
ASPHALT
BRIDGE TO REMAIN IN PLACE
NEW BRIDGE:
BOX CULVERT:
CULVERT:
SIGNATURE:
nYES l � TN /A
ESTIMATED COST
(IN THOUSANDS)
*OPTIONAL
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
FORM 7 ONE- AND SIX -YEAR PLAN
HIGHWAY OR STREET IMPROVEMENT PROJECT
CITY: `VILLAGE:
Blair
X
X
X
X
ROADWAY WIDTH LENGTH
ROADWAY WIDTH LENGTH
SPAN RISE LENGTH
DIAMETER LENGTH
Bridges and Culverts Sized ' _ X r7ydraulic Analysis Pending
OTHER CONSTRUCTION FEATURES: Construction of PCC extensions onto existing street to establish center tum lane
*COUNTY 1
Project Length = 0.35
Unknown CLASSIFICATION TYPE:
20 =
CONCRE I E
CURB & GUTTER
DRAINAGE STRUCTURES
EROSION CONTROL
*CITY
150
PROPOSED IMPROVEMENT
*STATE
1 *FEDERAL I *OTHER
(Nearest Tenth)
(State Unit of Measure)
X
X
T1TLE:
Director of Public Works
Page 1
(as shown on Functional Classification Map)
Local
SURFACING: 7" THICKNESS 31' WIDTH
RIGHT OF WAY
UTILITY ADJUSTMENTS
FENCING
SIDEWALKS
PROJECT NUMBER:
E LIGHTING
TOTAL
150
B- 77(Y -02) I
TYPE
TYPE
TYPE
TYPE
• COUNTY:
LOCATION DESCRIPTION:
1 OthStreet from Prospect to Grant Street
EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt concrete, culvert, or bridge)
Dirt
AVERAGE DAILY TRAFFIC:
DESIGN STANDARD NUMBER:
BOX CULVERT:
ESTIMATED COST I *COUNTY
(IN THOUSANDS) I
*OPTIONAL
Project Length =
SIGNATURE:
X
GRADING
AGGREGATE
ARMOR COAT
ASPHALT
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
FORM 7 ONE- AND SIX -YEAR PLAN
HIGHWAY OR STREET IMPROVEMENT PROJECT
CITY: VILLAGE:
Blair
CLASSIFICATION TYPE: (as shown on Functional Classification Map)
19 = , 20 = I NA
PROPOSED IMPROVEMENT
DR2 SURFACING: 8" THICKNESS 31' WIDTH
CONCRETE
CURB &GUI I ER
DRAINAGE STRUCTURES
EROSION CONTROL
X
X RIGHT OF WAY
X UTILITY ADJUSTMENTS
FENCING
SIDEWALKS
BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH
NEW BRIDGE: ROADWAY WIDTH , LENGTH
TYPE
TYPE
SPAN RISE LENGTH TYPE
CULVERT: DIAME I ER LENGTH TYPE
E YES r TN /A Bridges and Culverts Sized X Hydraulic Analysis Pending
OTHER CONSTRUCTION FEATURES: Construction with PCC pavement between existine_savements.
*CITY 1 *STATE 1 'FEDERAL
400 i I
(Nearest Tenth) PROJECT NUMBER:
0.5 (State Unit of Measure)
TITLE:
Director of Public Works
Page 1
*OTHER
Ei LIGHTING
TOTAL
400
B- 76(Y -02)
I. DATE:
COUNTY:
LOCATION DESCRIPTION:
Garfield Road
EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, or bridge)
Rock
AVERAGE DAILY TRAFFIC:
19 _ , 20
SIGNATURE:
X GRADING
AGGREGATE
ARMOR COAT
ASPHALT
BRIDGE TO REMAIN IN PLACE
NEW BRIDGE:
BOX CULVERT:
CULVERT:
Project Length =
FORM 7 ONE- AND SIX -YEAR PLAN
HIGHWAY OR STREET IMPROVEMENT PROJECT
X
X
X
X
El YES 1 TN /A Bridges and Culverts
ESTIMATED COST *COUNTY
(IN THOUSANDS)
*OPTIONAL
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
*CITY
100
!CITY:
Blair
DESIGN STANDARD NUMBER: DR2
CONCRb
CURB & GUTTER
DRAINAGE STRUCTURES
EROSION CONTROL
*STATE
(Nearest Tenth)
0.13 (State Unit of Measure)
CLASSIFICATION TYPE:
PROPOSED IMPROVEMENT
X
Page 1
SURFACING: 7" THICKNESS 25' WIDTH
RIGHT OF WAY
UTILITY ADJUSTMENTS
FENCING
SIDEWALKS
ROADWAY WIDTH LENGTH
ROADWAY WIDTH LENGTH
SPAN RISE LENGTH
VILLAGE:
OTHER CONSTRUCTION FEATURES: Construction with PCC pavement between existing pavements.
*FEDERAL *OTHER
PROJECT NUMBER:
TITLE
Director of Public Works
(as shown on Functional Classification Map)
Local
n LIGHTING
TYPE
TYPE
TYPE
DIAML I tR LENGTH TYPE
Sized JHydraulic Analysis Pending
B- 03(Y -01)
DATE:
TOTAL
100
COUNTY:
LOCATION DESCRIPTION:
Arthur Road from 2nd Street to Jackson Street
EXISTING SURFACE TYPE AND STRUCTURES:
Rock
AVERAGE DAILY TRAFFIC:
19 __+- - - --- -- 20
DESIGN STANDARD NUMBER:
CULVERT:
X GRADING
AGGREGATE
ARMOR COAT
ASPHALT
BRIDGE TO REMAIN IN PLACE
NEW BRIDGE:
BOX CULVERT:
YES f TN /A Bridges and Culverts
ESTIMATED COST *COUNTY
(IN THOUSANDS)
*OPTIONAL
Project Length = 0.2
SIGNATURE:
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
FORM 7 ONE- AND SIX -YEAR PLAN
HIGHWAY OR STREET IMPROVEMENT PROJECT
CITY: VILLAGE:
Blair
D R2
CONCREIE
C URB & GUTTER
DRAINAGE STRUCTURES
EROSION CONTROL
*CITY
70
(such as dirt, gravel, asphalt, concrete, culvert, or bridge)
CLASSIFICATION TYPE:
PROPOSED IMPROVEMENT
X
RIGHT OF WAY
UTILITY ADJUSTMENTS
FENCING
SIDEWALKS
ROADWAY WIDTH LENGTH
ROADWAY WIDTH LENGTH
SPAN RISE LENGTH
DIAMETER __ LENGTH
Sized I X f tydraulic Analysis Pending
OTHER CONSTRUCTION FEATURES: Construction with PCCpavement between existing pavements.
*STATE I *FEDERAL
(Nearest Tenth)
(State Unit of Measure)
Page 1
SURFACING: 7" THICKNESS 25' WIDTH
PROJECT NUMBER:
TITLE:
Director of Public Works
*OTHER
LIGHTING
(as shown on Functional Classification Map)
Local
TOTAL
70
B- 83(Y -03)
1. DATE:
TYPE
TYPE
TYPE
TYPE
COUNTY:
LOCATION DESCRIPTION:
AVERAGE DAILY TRAFFIC:
CULVERT:
19 96
DESIGN STANDARD NUMBER:
x
x
GRADING
AGGREGATE
ARMOR. COAT
ASPHALT
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
FORM 7 ONE- AND SIX -YEAR PLAN
HIGHWAY OR STREET IMPROVEMENT PROJECT
CITY: VILLAGE:
Blair
10th Street from Jackson Street to Adams Street
EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, or bridge)
ACC
= 1122, 20 ______
DR2
CONCRETE
CURB & GUTTER
DRAINAGE STRUCTURES
EROSION CONTROL
X
RIGHT OF WAY
UTILITY ADJUSTMENTS
FENCING
SIDEWALKS
BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH
NEW BRIDGE: ROADWAY WIDTH LENGTH
BOX CULVERT: SPAN RISE LENGTH
J CLASSIFICATION TYPE: (as shown on Functional Classification Map)
Other Arterial
PROPOSED IMPROVEMENT
SURFACING: T' & 2" THICKNESS 36' WIDTH
1
DIAMETER LENGTH
DYES F ^ � TN /A Bridges and Culverts Sized []Hydraulic Analysis Pending
OTHER CONSTRUCTION FEATURES: Construction with PCC pavement between existinQ eavementS.
ESTIMATED COST *COUNTY
(1N THOUSANDS)
*OPTIONAL
Project Length =
SIGNATURE_:
"CITY
100
*STATE
Page 1
*FEDERAL
(Nearest Tenth) PROJECT NUMBER:
0.2 (State Unit of Measure)
TITLE:
Director of Public Works
*OTHER
LIGHTING
TYPE
TYPE
TYPE
TYPE
1 TOTAL
I 100
M -157(Y -1771
1. DATE:
'COUNTY:
LOCATION DESCRIPTION:
1st Street from Highway 30 to River Road
EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, or bridge)
None
AVERAGE DAILY TRAFFIC:
19
DESIGN STANDARD NUMBER:
X
GRADING
AGGREGATE
ARMOR COAT
ASPHALT
BRIDGE TO REMAIN IN PLACE
NEW BRIDGE:
BOX CULVERT:
CULVERT: ___ __ __ _ __ DIAMETER __ LENGTH •
ElYES r+ TNIA Bridges and Culverts Sized ECHydraulic Analysis Pending
OTHER CONSTRUCTION FEATURES: Construction of new overoass over railroad tracks.
Project Length =
SIGNATURE:
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
FORM 7 ONE- AND SIX -YEAR PLAN
HIGHWAY OR STREET IMPROVEMENT PROJECT
CITY: VILLAGE:
Blair
ESTIMATED COST I *COUNTY
(IN THOUSANDS) I
*OPTIONAL
20
Unknown ( CLASSIFICATION TYPE:
CONCRETE
CURB & GUTTER
DRAINAGE STRUCTURES
EROSION CONTROL
Local
PROPOSED IMPROVEMENT
SURFACING: THICKNESS WIDTH
ROADWAY WIDTH LENGTH
ROADWAY WIDTH - -Y LENGTH
SPAN RISE LENGTH
*CITY *STATE
5000 I
(Nearest Tenth)
0.5 (State Unit of Measure)
X
X
Page 1
RIGHT OF WAY
UTILITY ADJUSTMENTS
FENCING
SIDEWALKS
*FEDERAL
PROJECT NUMBER:
1TITLE:
Director of Public Works
(as shown on Functional Classification Map)
*OTHER
E LIGHTING
TYPE
-r -- TYPE
TYPE
TYPE
TOTAL
5000
B_07_(_o1)
I. DATE:
COUNTY:
LOCATION DESCRIPTION:
Reaair and replacement of Brick Streets
EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, or bridge)
Brick
AVERAGE DAILY TRAFFIC:
19
DESIGN STANDARD NUMBER:
X
BRIDGE TO REMAIN IN PLACE
NEW BRIDGE
BOX CULVERT:
CULVERT:
ESTIMATED COST *COUNTY *CITY
(IN THOUSANDS)
*OPTIONAL 500
Project Length =
SIGNATURE:
GRADING
AGGREGATE
ARMOR COAT
ASPHALT
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
FORM 7 ONE - AND SIX -YEAR PLAN
HIGHWAY OR STREET IMPROVEMENT PROJECT
CITY:
Blair
Unknown CLASSIFICATION TYPE:
, 20 =
PROPOSED IMPROVEMENT
SURFACING:
X
X
CONCRETE
CURB & GUTTER
DRAINAGE STRUCTURES
EROSION CONTROL
ROADWAY WIDTH
ROADWAY WIDTH
SPAN RISE
DIAMETER
OYES r X TN /A Bridges and Culverts Sized
course of action in either repair or replacement.
*STATE
RIGHT OF WAY
UTILITY ADJUSTMENTS
FENCING
SIDEWALKS
*FEDERAL
LENGTH
LENGTH
LENGTH
LENGTH
Hydraulic Analysis Pending
OTHER CONSTRUCTION FEATURES: Brick Streets will be evaluated on a street by street baisis to determine best
(Nearest Tenth) PROJECT NUMBER:
4.0 (State Unit of Measure)
TITLE:
Director of Public Works
Page 1
*OTHER
`VILLAGE:
(as shown on Functional Classification Map)
Local
THICKNESS WIDTH
El LIGHTING
TOTAL
500
M-1 57(Y -2131
1. DATE:
TYPE
TYPE
TYPE
TYPE
'COUNTY:
LOCATION DESCRIPTION;
Nebraska Street from 10th Street to Highway 75
EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, or bridge)
ACC /Brick
AVERAGE DAILY TRAFFIC: Unknown CLASSIFICATION TYPE: (as shown on Functional Classification Map)
19 - , 20 = Local
DESIGN STANDARD NUMBER:
X
X
GRADING
AGGREGATE
ARMOR COAT
ASPHALT
BRIDGE TO REMAIN IN PLACE
NEW BRIDGE:
BOX CULVERT:
CULVERT:
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
FORM 7 ONE- AND SIX -YEAR PLAN
HIGHWAY OR STREET IMPROVEMENT PROJECT
ICTTY: VILLAGE:
Blair
X
X
X
CONCRE 1 t
CURB & GU 1 I ER
DRAINAGE STRUCTURES
EROSION CONTROL
PROPOSED IMPROVEMENT
SURFACING:
DIAMETER LENGTH
ESTIMATED COST I *COUNTY I *CITY I *STATE I *FEDERAL
(IN THOUSANDS)
*OPTIONAL I 250
Project Length =
SIGNATURE:
(Nearest Tenth)
0.75 (State Unit of Measure)
Page 1
RIGHT OF WAY
UTILITY ADJUSTMENTS
FENCING
SIDEWALKS
ROADWAY WIDTH LENGTH
ROADWAY WIDTH LENGTH
SPAN RISE LENGTH
PROJECT NUMBER:
TITLE:
Director of Public Works
*OTHER
(7
THICKNESS WIDTH
El LIGHTING
nYES N/A Bridges and Culverts Sized J Hydraulic Analysis Pending
OTHER CONSTRUCTION FEATURES: Construction of PCC extensions on existing road to widen for a center turn lane.___
TOTAL
250
B -65 ff-03)
DATE:
TYPE
TYPE
TYPE
TYPE
COUNTY:
LOCATION DESCRIPTION:
Hollow Road
EXISTING SURFACE TYPE AND STRUCTURES:
Rock
AVERAGE DAILY TRAFFIC:
19
DESIGN STANDARD NUMBER:
X
X
GRADING
AGGREGATE
ARMOR COAT
ASPHALT
FORM 7 ONE- AND SIX -YEAR PLAN
HIGHWAY OR STREET IMPROVEMENT PROJECT
Unknown ^ � - CLASSIFICATION TYPE:
20 =
X
X
! CITY:
Blair
CONCREIE
CURB & GUTTER
DRAINAGE STRUCTURES
EROSION CONTROL
PROPOSED IMPROVEMENT
BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH
NEW BRIDGE: ROADWAY WIDTH
BOX CULVERT: SPAN
CULVERT:
OTHER CONSTRUCTION FEATURES: Grading and replacement of existing culvert and restablish drainage ways.
ESTIMATED COST *COUNTY 1 *CITY
(IN THOUSANDS)
*OPTIONAL 100
Project Length =
SIGNATURE:
YES I IN/A
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
RISE LENGTH
DIAMETER __ LENGTH
Bridges and Culverts Sized 1 1 HydraulicAnaiysis Pending
*STATE
(Nearest Tenth)
0.32 (State Unit of Measure)
(such as dirt, gravel, asphalt concrete, culvert. or bridge)
SURFACING:
RIGHT OF WAY
UTILITY ADJUSTMENTS
FENCING
SIDEWALKS
LENGTH
LENGTH
1 *FEDERAL
Page 1
PROJECT NUMBER:
TITLE:
Director of Public Works
!VILLAGE:
(as shown on Functional Classification Map)
Local
*OTHER
THICKNESS
I I LIGHTING
TOTAL
100
B- 040Y -01)
1 . DATE:
WIDTH
TYPE
TYPE
TYPE
TYPE
'COUNTY:
LOCATION DESCRIPTION:
Highway 75 at Lincoln and Grant Streets
EXISTING SURFACE I TPE AND STRUCTURES: (such as dirt, gravel, asphalt. concrete, culvert, or bridge)
PCC
AVERAGE DAILY TRAFFIC:
19 = , 20
DESIGN STANDARD NUMBER:
BRIDGE TO REMAIN IN PLACE
NEW BRIDGE:
BOX CULVERT:
CULVERT:
YES � N/A Bridges and Culverts
storm water runoff.
ESTIMATED COST
(IN THOUSANDS)
*OPTIONAL
Project Length =
SIGNATURE:
GRADING
AGGREGATE
ARMOR COAT
ASPHALT
FORM 7 ONE- AND SIX -YEAR PLAN
HIGHWAY OR STREET IMPROVEMENT PROJECT
X
*COUNTY
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
Blair
C ONCRETE
C URB & GUTTER
DRAINAGE STRUCTURES
EROSION CONTROL
ROADWAY WIDTH
ROADWAY WIDTH
NA
SPAN
— `_-- CLASSIFICATION TYPE:
PROPOSED IMPROVEMENT
SURFACING:
*CITY I *STATE
100 1 400
(Nearest Tenth)
_(State Unit of Measure)
X
X
Page 1
RIGHT OF WAY
UTILITY ADJUSTMENTS
FENCING
SIDEWALKS
LENGTH
LENGTH
RISE LENGTH
DIAMETER LENGTH
Sized LX) Hydraulic Analysis Pending
OTHER CONSTRUCTION FEATURES: Reconstruction of storm sewer at the intersections identified to better handle
*FEDERAL
PROJECT NUMBER:
TITLE:
Director of Public Works
`VILLAGE:
(as shown on Functional Classification Map)
Major Arterial
*OTHER
THICKNESS
ELIGHTING
TOTAL
500
B -91(Y -04)
I. DATE:
WIDTH
TYPE
TYPE
TYPE
TYPE
ATTEST:
(SEAL)
B NDA R. TAYLOR, P`Y CLERK
RESOLUTION NO. 2004 - 6
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING
RESOLUTION:
WHEREAS, the City of Blair, Nebraska owns certain real estate 60 feet in width,
adjacent and parallel to 10 Street in the City of Blair, Nebraska and the City desires to
dedicate such real estate as part of 10 Street in order to widen the right -of -way for 10
Street as part of the 10 Street extension project.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA, that the following strips of land are hereby dedicated to the
Public as right -of -way for 10 Street in the City of Blair, Nebraska. See legal description
attached hereto as Exhibit A and fully incorporated herein by reference.
COUNCIL MEMBER FANOELE MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER
WOLFF. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE,
SHOTWELL, ABBOTT, FANOELE, MCMANIGAL, WOLFF AND BIFFAR VOTING
"AYE" AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR
DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS
27TH DAY OF JANUARY, 2004.
CITY OF BLAIR, NEBRASKA
ES E. REAPLH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR, 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 27th day of January, 2004.
BRENDA R. TAYLOR, CLERK
FILE0
04 FEB -2 AN 104 3 7 �
1 s
Center of Section
12 -18 -11
cl kRL07Tt L PET t lSE,( \�•l
11 srl.y )ow c@atifr cL €An e 3 •`c Si
8'LAfi# i1t1 — —I— — L dj
E m
b E
GRANT r o
(111.0
X 0.54'
23.77
SW NWITSEI74
NW Corner SW1 /4 SE1 /4
1 1 12 -18 -11 I 1
1 6 1 5 I 1 2 1 1
' I 1 1 I I I
\ \ I
2
y 6s 8 \ 9 I 10
\s; e \ I co
'' \ I
\ __ -F - -o
13.0'
COLFAX . \ 6�� \ STREET
- - a ' 6) \ - - -I
1 0 \
I �2 \
st
CO o
COo
3 I 2
I
— 'b� Z \ N \ .
1
T \N--- i - ^60.00' 1 \
I 1 I �\ I i,�4> !',"I \
`\ I I I so.o'(P) s
59.58' i 60.16' 1 60.0'(C
E
N 89 °54'56" 89 °54'56" SSS GGG
120.01'
SOUTH 120.0'(P) STREET1
5 23.23'
— � _ 4 S82 ° 51'05 "
60.00' 1 S 00 °30'52" E
I 16.24'
\
_ _ 5 �L —J
S TREET
0
\ \
\
T.L. 200
\
1 NE Corner SE1 /4 SE1 /4
12 -18 -11
Corner Falls in South Creek
L____
S 89 °59'34" E
2622' r
T.L. 198
100
0
•
0
(P)
(C)
V r °
V: ; I
A;
o tie
/G
LEGEND
SCALE: 1 INCH =100 FEET
Subdivisional Corner Found
1/2" Reber Found
5/8" Open -top Pipe Found
31•" Pinched -top Pipe
Star - drilled Hole Found
518" x 24" Rebar With Plastic
Cap Stamped LS-382 Set
Computed Corner (Not Set)
Platted Distance
Computed Distance
CITY COUNCIL APPROVAL:
TENTH STREET DEDICATION
Part of Tax Lot 200 and part of abandoned Chicago and
Northwestern Railroad right -of -way, lying in the W1 /2 of the SE1 /4 of Section
12, 718N R11E of the 6th Principal Meridian, Washington County, Nebraska.
30.00'
100 Feet
This Street Dedication as shown and described hereon was
approved and accepted by the City Council of the City
of Blair, Nebraska, on this 21 day of
- , - canuuet9 A.D., 2004.
M - or ✓�' '
/
LEGAL DESCRIPTION:
Part of Tax Lot 200 and part of the now abandoned Chicago and
Northwestern Railroad right -of -way, all lying in the W'/ of the SE' /.
of Section 12, Township 18 North, Range 11 East of the 6th Principal
Meridian, Washington County, Nebraska and more particularly
described as follows:
Beginning at the Southwest corner of the NW% of the SE% of Section
12, Township 18 North, Range 11 East; thence N 0 °30'52" W (assumed
. bearing) along the westerly line of the NW/ of the SE% of said Section
12 a distance of 23.77 feet to a point on the southerly right -of -way line of
Grant Street, as said street is platted in the City of Blair, Nebraska; thence
S 82 °51'05' E, along said southerly Grant Street right -of -way line, a
distance of 60.54 feet to a point 60.00 feet easterly, as measured at right
angles to said west line of said NW'% of the SE%; thence departing said
southerly Grant Street right -of -way line S 00 °30'52" E, parallel to and
60.00 feet east of said west 1/4 1/4 section line, a distance of 16.24 feet to a
point on the northerly line of the SW% of the SE% of said Section 12, said
point being 60.00 feet easterly of the Northwest corner of said SW% of the
SE %; thence S 00 °19'38" E along a line 60.00 feet easterly, as
measured at right angles to the westerly line, of said SWY. of the SEY, a
distance of 605.11 feet to a point on the centerline of a now abandoned
Chicago and Northwestem Railroad line: thence N 43 °57'31" W along
said now abandoned railroad centerline a distance of 86.95 feet to a point
on the westerly line of said SW% of the SE%; thence N 00 °19'38" W
along said westerly 1/4 1/4 section line a distance of 542.53 feet to the Point
of Beginning and containing 0.82 acres, more or less, of which 0.10 acre is
in now abandoned railroad property.
SURVEYOR'S CERTIFICATION:
I hereby certify that the survey shown and described hereon
was made under my direct supervision and that I am a duly
Registered Land Surveyor under the laws of the State of
Nebraska.
Richard L. Hansen
Registered Land Surveyor
Registration No. LS -382
Date: January 20, 2004
Client: City of Blair
Job No.: 03 -163
PJCHARD L1=E'•� =
HANSEN :O-
t, • LS -382
,;?c040 Lig
STATE OF NEBRASKA COUN'TV OF W!AHINCTCN)SS
ENTERED IN NUMERICAL INDEX AND FILED FOR RECORD
THIS ,fin' DAY OF xolrnus ;r AD 20G`I'
AT /0 1 O'CLOCK _ NA AND RECCORDED IN BOOK
4 1,2c/ AT PA
COUNTY CLERK (h ,yy/�i.:�� C F r, fs,s/3
DEPUTY ,9eL ^on "i` )'/
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING
RESOLUTION:
WHEREAS, the City of Blair, Nebraska owns certain real estate adjacent and
parallel to Jackson Street in the City of Blair, Nebraska WHICH IS CURRENTLY PART
OF Stemmerman Park. Futher, the City desires to dedicate such real estate as part of
Jackson Street in order to widen the right -of -way for Jackson Street.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA, that the following land is hereby dedicated to the Public as
right -of -way for Jackson Street in the City of Blair, Nebraska. See legal description
attached hereto as Exhibit A and fully incorporated herein by reference.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER
BIFFAR. UPON ROLLCALL, COUNCIL MEMBERS SHOTWELL, SCHEVE,
STEWART, FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING
"AYE "AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR
DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS
27TH DAY OF JANUARY, 2004.
ATTEST:
6/7/4
(SEAL)
BRENDA R. TAYLO r , ' ITY LERK
RESOLUTION NO. 2004 -7
CITY OF BLAIR, NEBRASKA
�ES E. REAPLH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR, 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 27th day of January, 2004.
6
5
FILED
04 FEB -2 ACS 10; 32
CHNit.ift C L.P Ei,SEN
V/.. 11.1a1 aFt'„r.LEflt
I – t'• N °
tu
.
▪ I I r /Ia I I ®0 .P z IN GI 1
=1 6 1 1 ' ° I w I ( ! I . 1—'. - --
N,,. 4 5 4:' 4 �6 e�9
S 89 ° 57'41' E
JACKSON 632.73' STREET )
71.47' 3 3 . 00'
632.5'(P)
I SW Corner NW1 /4 NE1/4
M
12 -18 -11 � � � i_
II
200
__
LEGEND
SCALE: 1 INCH = 200 FEET
U Subdivisional Corner Found
Q 3/4" Pinched -top Pipe Found
❑ 5/8' Open -top Pipe Found
Q 1" Open -top Pipe Found
• 5/8' x 24' Rebar With Plastic
Cap Stamped LS -382 Set
• Temporary Point Set
(P) Platted Distance
200 Feet
N114 Corner
12 -18 -11 n
E
eo
U)
L1
y
—O r CO
PARK STREET
v v 1
• F flI
z t`I o I
O g 6`Fw -o
R. °1 -z
o ti v
N
a , 12
co O II
N
C
z
NEBRASKA STREET M
00 °04'42" W .<
80.67' 0.14 Ac.
S 57 ° 53'13" E 6,106 Sq. Ft.
108.60' To Be Dedicated
/S 78 ° 35'03" E
117.99'
80'-I
Center of Section
12 -18 -11
SE Corner NW1 /4 NE1 /4
12 -18 -11
- JACKSON — " STREET
89 ° 53'06" E (Assumed Bearing)
1321.62'
N 89 °53'06" W
207.53
CITY COUNCIL APPROVAL:
This Street Dedication as shown and described hereon was
approved and accepted by the City Council of the City
of Blair, Nebraska, on this 27 day of
11t pr,A , A.D., 2004.
ATTEST:
Blair City Clerk Yr\
oo4o64ct1
STATE OF NEBRASKA COUNTY OF 6WAfHINSTON)SS
ENTERED IN NUMERICAL INDEX AND FILED FOR RECORD
PH IS and DAY OF�1b,, -, 20.8.1
ATM O'CLOCK a M AND RECORDED IN BOOK
AT PAGE
COUNTY CLERK �, � ,
OEPUn
JACKSON STREET DEDICATION
Part of Tax Lot 83 lying in the NW1 /4 of the NE1 /4
of Section 12, T18N, R11 E of the 6th Principal Meridian,
Washington County, Nebraska.
JACKSON STREET DEDICATION:
Part of Tax Lot 83, lying in the N WY, of the NEY. of Section 12,
Township 18 North, Range 11 East of the 6th Principal Meridian,
Washington County, Nebraska and more particularly described as
follows:
From the Southwest corner of the NW% of the NEY+ of Section 12,
Township 18 North, Range 11 East; thence S 89 2 53'06" E (assumed
bearing) along the southerly line of said NW'/, of the NE% a distance
of 71.47 feet to the easterly right -of -way line of 10th Street, as said street
is platted in the City of Blair, Nebraska; thence N 00 °04'42" W along
said easterly 10th Street right -of -way line a distance of 33.00 feet to the
Southwest corner of Tax Lot 83 in said Section 12 and the Point of
Beginning; thence continuing N 00 °04'42" W along the westerly line
of said Tax Lot 83, along the easterly right -of -way line of 10th Street a
distance of 80.67 feet to a point on the easterly projection of the northerly
right -of -way line of Jackson Street, as said street is platted in the City of
Blair, Nebraska; thence departing said westerly tax lot line, easterly
street right-of-way line S 57 °53'13" E a distance of 108.60 feet;
thence S 78 °35'03 E a distance of 117.99 feet to a point 33.00 feet
northerly, as measured at right angles to the southerly line of said NW%
of the NEV., said point lying on the northerly right -of -way line of Jackson
Street, as said Street in platted in the City of Blair, Nebraska; thence
N 89 °53'06" W along a line 33.00 feet northerly of said southerly 1/4
1/4 section line, along said northerly street right -of -way line a distance of
207.53 feet to the Point of Beginning and containing 0.14 acres, more or
less (6106 square feet). 3
SURVEYOR'S CERTIFICATION:
I hereby certify that the survey shown and described hereon was
made under my direct supervision and that I am a duly Registered
Land Surveyor under the laws of the State of Nebraska.
1 111 7 111// ' '
aa P , 1 }AND .1.1 ^FCC!: p L-=
; 0-) : RICHARD LEE ; :1_
HANSEN • 3
=�'• L5 -352
„) RAS 1 1 , ` �
Richard L. Hansen
Registered Land Surveyor
Registration No. LS -382
Date: January 21, 2004
Client City of Blair
Job No.: 03 -167
} B E
S
0
131416 6NG :NFER160 &
SIAVCVING CO. INC.
936 GRANT ST., P.O. Box=
BuIR, .9R.., 68008 -0100
1402) 426 -9614
209 No.: 03 - 167 I FILE N0: CIEPI41FROIECTS103167103- 167.owG
I CLENP: CITY OF BLAIR 1 066"" Br: (SF 1DATE: 01/2904
I I I
RESOLUTION NO. 2004 -8
COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
That the proposed schedules for special assessments against properties in Water Extension
District No. 41, Sanitary Sewer Extension District No. 60 and Paving and Storm Sewer District No.
181 be and are hereby tentatively approved and placed on file with the City Clerk for inspection by
all interested parties; that the Mayor and City Council shall hold a special meeting at 218 South
16 Street on the 9 day of March, 2004, at 7:00 o'clock P.M. for the purpose of sitting as a Board
of Equalization to levy special assessments on the lots and parcels of land benefited by the
improvements in Water Extension District No. 41, Sanitary Sewer Extension District No. 60 and
Paving and Storm Sewer District No. 181; that notice of the time of holding such meeting and the
purpose for which it is held shall be published in The Enterprise, a legal newspaper published and
of general circulation in the City at least 10 days (two publications) before the date of said hearing;
that the City Clerk is directed to publish such notice in the form presented to this meeting, which
form of notice shall be annexed to the minutes showing passage of this resolution, and the Clerk
shall mail copies of such notice to all interested parties as provided by law.
COUNCIL MEMBER BIFFAR MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER STEWART. UPON
ROLL CALL, COUNCIL MEMBERS VOTING " AYE STEWART, SHOTWELL,
MCMANIGAL, ABBOTT, WOLFF AND BIFFAR AND COUNCIL MEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 10TH DAY OF FEBRUARY, 2004.
CITY OF BLAIR, NEBRASKA
BY
JA1V�E��' M OR
ATTEST:
(SEAL)
of February, 2004.
- !?
BRENDA R. TAYLOR, CI CLE
STATE OF NEBRASKA )
):ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR, 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 10th day
BRENDA R. TAYLOR(CITY'CLEi
RESOLUTION NO. 2004 - 9
COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair, Nebraska, is an eligible unit of a general local government
authorized to file an application under the Housing and Community Development Act of 1974 as
Amended for Small Cities Community Development Block Grant Program; and,
WHEREAS, the City of Blair, Nebraska, has received a request from Cargill Polyols, L.L.C.
and Cargill, Inc.; and has conducted public hearing(s) upon the proposed application and received
favorable public comment to submit an application for a loan under the CDBG Program in the
amount of $505,000.00 for assistance in purchasing new equipment which will aid in the
manufacturing of several new products at its plant in Blair, Nebraska and the creation of new jobs in
the community.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA that the Mayor and City Clerk of the City of Blair, Nebraska be authorized
and directed to proceed with the formulation of any and all contracts, documents or other
memoranda between the City of Blair , Cargill Polyols, L.L.C. and Cargill, Inc.. and the Nebraska
Department of Economic Development so as to effect acceptance of the grant application.
COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON
ROLL CALL, COUNCIL MEMBERS SCHEVE, STEWART, SHOTWELL, FANOELE,
MCMANIGAL, WOLFF AND BIFFAR VOTING "AYE ", AND COUNCIL MEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
ADOPTED THIS 24TH DAY OF FEBRUARY, 2004.
CITY OF BLAIR, NEBRASKA
BY
JAIL 'W &E. REALPH, MAYOR
ATTEST:
BRENDA R. TAYLO CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 24 day of
February, 2004
BRENDA R. TAYLOR, ' CLERK
RESOLUTION NO. 2004 - 10
COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, an Agreement between the City of Blair, Nebraska, and Blair Area Young
Men's Christian Association ( "YMCA ") has been prepared and presented to the City Council
providing for the terms and provisions for operation of the Blair Swimming Pool for the 2004
season, a copy of which Agreement is attached hereto, marked Exhibit "A" and by this reference
made a part hereof, and
NOW, THEREFORE, BE IT RESOLVED that said Agreement referred to hereinabove is
hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby
authorized and directed to execute same on behalf of the municipality.
COUNCIL MEMBER STEWART MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHOTWELL.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE,
MCMANIGAL, WOLFF AND BIFFAR VOTING "AYE ", AND COUNCIL MEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
ADOPTED THIS 24TH DAY OF FEBRUARY, 2004.
ATTEST:
/f%,
B NDA R. TAYLOR CLERK
(SEAL)
CITY OF BLAIR, NEBRASKA
B
JA ,' EALPH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 24 day of
February, 2004
BRENDA R. TAYLOR
TY CLERK
and,
WITNESSETH:
AGREEMENT
THIS AGREEMENT is made and entered into this 24th day of February, 2004, by and
between the City of Blair, a municipal corporation in Washington County, Nebraska, organized
and existing under the laws of the State of Nebraska, hereinafter referred to as "City ", and Blair
Family YMCA, hereinafter referred to as "Operator ".
WHEREAS, the City owns a public swimming pool located at 16 & Butler Streets in Blair,
Nebraska, hereinafter referred to as "Pool"; and,
WHEREAS, the Operator has proposed operation of the Pool; and
WHEREAS, the Operator has determined that Operator can successfully manage the Pool;
WHEREAS, the parties hereto desire to enter into an Agreement for the operation of the
Pool in accordance with the terms, provisions, and conditions set forth hereinbelow.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the City and Operator do hereby mutually undertake, promise, agree, and
contract for itself and its successors and assigns as follows:
ARTICLE I. — TERM OF AGREEMENT
Subject to the terms, provisions, covenants and conditions set forth hereinafter below and,
unless earlier terminated in accordance therewith, the term of this Agreement shall be for the
swimming season commencing on May 29, 2004, and ending August 11, 2004; provided, however,
that Operator shall operate the Pool from and after August 11, 2004, as may be directed by the City
Council for City, said direction to include the days and hours of operation, and, if so directed by the
City Council, Operator shall receive compensation at the rate of $54.00 per hour during such
period of operation.
ARTICLE II. — RIGHT TO OPERATE POOL
A. The City hereby grants to the Operator the exclusive right and privilege to operate,
manage, and maintain the public swimming pool located at 16 and Butler Streets in the City of
Blair, Nebraska, during the term of this Agreement, subject to and expressly conditioned upon the
terns, provisions, covenants, and conditions as set forth in this Agreement and the timely
performance by the Operator in strict compliance therewith.
B. This Agreement constitutes neither a conveyance nor a lease, but is a management
agreement to manage, operate, and maintain the Pool for the purpose of providing a public
swimming pool. Nothing in this Agreement shall be construed to provide Operator with any
ownership, right, or interest in the Pool.
C. Nothing in this Agreement shall be construed to provide authority for control by
Operator over any portion of Steyer Park, its parking areas, grounds, improvements, or other
facilities.
D. In the event the Pool is substantially destroyed by fire, explosion, the elements, the
public enemy or other casualty or so damaged, the City shall be under no obligation to repair,
rebuild, or reconstruct the premises.
E. No alterations, additions, improvements, or physical changes to the Pool shall be
erected, installed, or permitted by Operator or any person at its request without the prior express
written consent and approval of the Director of Public Works.
ARTICLE III. — ACTIVITIES AND USES OF POOL
A. This Agreement grants the exclusive privilege of operating, managing, and maintaining
the Pool as a public swimming facility for and on behalf of the City. Operator covenants and
agrees that the premises shall be used exclusively for the operation of a public swimming pool and
the provision of services and merchandise attendant to such an operation.
B. The Operator acknowledges and agrees that the City has the right to adopt and enforce
reasonable park rules and regulations and that it and all of its employees, agents, and servants will
faithfully observe and comply with all rules and regulations as may from time to time be
promulgated by the City Council.
C. The Operator will not suffer or permit to be maintained upon the premises or upon the
exterior of any improvements or appurtenances thereto any billboards, signs, or other advertising
media except those which have prior written approval of the Director of Public Works; nor will the
Operator suffer or permit to be maintained within any structure situated upon or within the
premises any signs or other advertising media which concerns goods or services other than those
furnished or offered for sale by the Operator in connection with the operation of the pool.
ARTICLE IV. — DUTIES AND OBLIGATIONS OF OPERATOR AND CITY
A. Utilities. The City shall be responsible for all electrical, water, and sewage charges
applicable to the Pool during the tern' of this Agreement including all utility charges incurred by
the City in the process of providing the pool start up and close down operations.
B. Chemicals and Other Supplies. The Operator shall have the responsibility for the order,
purchase, and delivery of all chemicals for water treatment and other purposes as required for the
proper and lawful operation of the Pool. The City agrees to reimburse Operator for the cost of all
chemicals for water treatment and other purposes as required for the proper and lawful operation
of the Pool up to a maximum amount of $6,500.00; provided further, that City agrees to remit such
reimbursement to Operator within thirty (30) days of receipt of invoices or other documentation
establishing the chemical expense.
The Operator shall provide all supplies, equipment, hardware, and other items necessary
for the proper and lawful operation of the pools, bath houses, and related functions. Additionally,
the Operator shall provide all equipment repair, and maintenance expenses up to $250.00.
C. Maintenance. The City shall be responsible for all maintenance and repairs for all pool
and bath house related items including, but not limited to, all mechanical systems and associated
water and electrical supply lines between the pools and their meters and all improvements located
within and including the pool fence.
D. Trash Disposal. The Operator shall provide adequate sanitary handling and disposal of
all trash, garbage, and other refuse located within the pool area and within 100 feet of the pool's
fence/bath house perimeter. The Operator shall deposit all waste materials in trash receptacles
which shall be provided and serviced by the City. Piling of boxes, cartons, barrels, or other similar
items in an unsightly or unsafe manner on or about the premises is forbidden.
E. Personnel. All recruitment, hiring, training, supervision, and payment of pool staff for
the Pool shall be the responsibility of the Operator. Operator shall comply with all laws,
ordinances, rules, and regulations regarding training, licensing, and certification of pool staff,
including lifeguards, managerial personnel, and pool operators. Operator shall be solely
responsible for payment of all taxes, workers compensation, or other expenses of employment.
F. Concessions. The Operator may provide concessions to the swimming public which, in
the Operator's opinion, meets the public demand. Operator shall comply with Nebraska State
Health Department rules and regulations pertaining to food and beverages in the pool area.
ARTICLE V. — POOL START UP CLOSE DOWN MAINTENANCE
A. Start Up. The City agrees to use its best diligence to perfaun all pool start up functions
on or before May 12, 2004, in preparation for a May 29, 2004 opening of the contract year and
provide the pool to the Operator in an operational condition.
B. Consultation. The City agrees to be available to provide advice and consultation
regarding pool operation as requested by the Operator.
C. Close Down. The City agrees to perform all close down functions for the end of season
pool closing. The City and the Operator shall coordinate to insure efficient and timely close down
procedures. In the event the City is unable to perform such procedures due to the acts of the
Operator or its employees or agents and incurs costs, injuries, or damage, Operator agrees to
reimburse City therefor.
D. Maintenance of Grounds. The City agrees to maintain the park grounds around the pool
to City standards. Such maintenance shall include the mowing of grass, provision of trash
receptacles and providing for the removal of such trash.
E. Pool Pumps. The City will provide, in proper working condition, both a chlorine and
acid pump and will replace or repair these pumps as necessary during the season. The City will
provide a vacuum pump in an operational condition.
ARTICLE VI. — POOL OPERATIONS
A. It is the City's objective to provide the highest quality of service to the public. To
accomplish this objective the Operator agrees to manage and operate the Pool with energy, fidelity,
diligence, and dedication and in full compliance with all of the provisions of this Agreement.
Operator further agrees to:
1. Operate the Pool as authorized herein during days and hours which offers the
maximum convenience to the public; provided, however, that the pool shall be open
until 8:00 p.m. The Operator shall, on or before May 15, 2004, submit for approval
by the Director of Public Works a schedule of days and hours of operation and shall
submit to the Director for approval any changes to such schedule a minimum of 10
days prior to the proposed change.
2. Employ persons who are clean, courteous, efficient, and neat in appearance. The
Operator shall not employ any person or persons in or about the premises who shall
use improper language or act in a loud or boisterous or otherwise improper or
unsafe manner.
3. Eject or direct the removal of patrons who are boisterous, loud, using improper
language or acting in an unsafe manner. The City expressly grants the Operator and
its employees such authority.
B. Operator may offer any and all public swim related programs which can be conducted
safely and within regulatory requirements at the Pool. These programs may include, but are not
limited to, open swim lessons, swim teams, and pool rentals.
In the event of inclement weather, Operator may, at its option, use the YMCA indoor pool
for swimming lessons and swim team practice or functions on a temporary basis; provided
however, such temporary usage of the YMCA pool shall be at no additional cost or expense to the
City.
C. Operator, its employees, agents or servants, shall at all times during the term of this
Agreement comply with the laws and regulations of the United States of America, the State of
Nebraska, Washington County, and all applicable ordinances, codes, and regulations of the City of
Blair including, but not limited to, requirements governing the operation of the public swimming
pool. Violations thereof by Operator, its agents or employees or revocation of permits or licenses
required for lawful and proper pool operation or for the performance of this Agreement shall be
cause for termination of this Agreement at the sole option of the City. In addition, Operator shall
be thoroughly familiar with and knowledgeable about the provisions of the Nebraska Swinuning
Pool Handbook published by the Nebraska State Department of Health.
ARTICLE VII. — POOL CHARGES
The rates to be charged for pool use for the 2004 season are as follows:
Youth Membership
Adult Membership
Family Membership
Youth Daily
Adult Daily (18 and older)
Swim Team
Swimming Lessons per Session
Baby Pool
Pool Party — 1 hour
Pool Parry — 2 hour
$28.00
$44.00
$81.00
$ 2.00
$ 3.00
$40.00
$30.00
Free Admittance
$55.00
$90.00
All fees and charges shall be consistently applied and no special or reduced fees shall be
offered to any group or individual.
ARTICLE VIII. — POOL IMPROVEMENT AND MAINTENANCE
ITEM EXCEEDING $250.00
Nothing in this Agreement shall require or obligate the City to provide any repair,
maintenance, or improvement to the Pool except as specifically defined herein. The City may
individually evaluate any repairs and determine whether it will accept financial responsibility for
such repair, maintenance, or improvement.
In the event both parties decline to make repairs essential to the proper and lawful operation
of the pool, this Agreement will terminate as further described in Article IX.
Notwithstanding the foregoing, the Operator agrees to repair or pay for all damage to the
City's property caused by the wrongful or negligent acts or omissions of the Operator, its agents,
servants, employees, contractors, invitees, guests, patrons, and suppliers arising out of whether
directly or indirectly, the Operator's operation of the pool.
ARTICLE IX. — TERMINATION
A. In addition to all other remedies available to the City, this Agreement shall be subject
to cancellation by the City should any one or more of the following events occur:
1. If the Operator shall file a petition of bankruptcy; or if proceedings in
bankruptcy shall be instituted against it and it is thereafter adjudicated a bankrupt pursuant
to proceedings; or if a court shall take jurisdiction of the Operator and its assets pursuant to
proceedings brought under the provisions of any Federal reorganization act; or if a
Receiver for the Operator's assets is appointed; or if the Operator shall be divested of its
rights, power, and privileges under this Agreement by other operation of law.
2. If the Operator shall abandon and discontinue the conduct of the Pool operation.
3. If the Operator shall fail to perform, keep, and observe any of the terms,
provisions, covenants, and conditions contained in this Agreement to be performed, kept,
and observed by it.
4. If the Operator shall fail to abide by all applicable laws, ordinances, rules, and
regulations of the United States, State of Nebraska, Washington County, or the City of
Blair.
5. Provided that, upon the happening of any of the contingencies recited in
subparagraphs 2, 3, and 4 above, the City shall give written notice to the Operator to correct
or cure same and if, within seven (7) days from the date of such notice, the default to
perform or breach complained of shall not have been corrected in a manner satisfactory to
the City, then the City shall have the right to terminate this Agreement, without further
notice, to enter upon and take full possession of the premises and facilities and to operate
or close the Pool. Upon such happening, this Agreement shall automatically be deemed to
have been irrevocably breached by the Operator and shall terminate.
6. In the event this contract is terminated prior to August 11, 2004, the Operator
shall remit to the City the prorata share of membership and season fees collected by the
Operator. Said proration shall be based upon the number of days of operation of the Pool
by the Operator and the remaining number of days until August 11, 2004.
7. This Agreement will terminate and the pool shall close in the event that both the
Operator and City decline to provide repairs necessary for the proper and lawful operation
of the pool.
B. Operator acknowledges and agrees that all rights that it may have under this Agreement
shall terminate and does hereby expressly release and waive any rights, claims, or causes of action
it may have against the City or its successors in interest which may or could arise, either directly
or indirectly as a result of any such action.
C. Without prejudice to any other remedy which otherwise might be used for any breach
of this Agreement, if the City is required or elects to pay any sum or incurs any obligation or
expense by reason of the failure, neglect, or refusal of the Operator to perform any one or more of
the terms, conditions, or covenants of this Agreement or as a result of any act or omission of
Operator contrary to said terms, conditions, or covenants, the sum so paid or the expense so
incurred, including all interest, costs, damages, and penalties shall become a financial obligation
of the Operator, thereafter due hereunder and each and every part of the same shall be and become
revenue recoverable by the City.
ARTICLE X. RECORDS AND REPORTS
A. Operator shall at all times during the term of this Agreement keep or cause to be kept
true and complete books, records, and accounts of all fees, charges, and expenses associated with
this Agreement.
13. The City shall have the right to conduct audit examinations and to examine the books
and records of Operator in connection with the operation of the pool facility and attendant sales
and services.
C. On or before the 30 day of October, 2004 Operator shall submit to the Office of the City
Administrator a statement showing "Gross Receipts" received by the Operator from the operation
of said facility for that swimming season. The term "Gross Receipts" includes fees received from
passes, pool memberships, daily swim fees, lessons, pool rentals, swim team charges, and any and
all other fees charged at the pool, and revenues from food and beverage sales of any and all other
sundry items.
D. Operator shall comply with Nebraska State Health Depai lucent rules, regulations, and
statutes pertaining to record keeping including but not limited to reporting of pool operation and
accident.
ARTICLE XI. — INDEMNIFICATION AND INSURANCE
A. The Operator covenants and agrees to indemnify and hold harmless the City of Blair, its
officers, agents, and employees, their successors and assigns, individually or collectively, from
and against all liability for any fines, claims, suits, demands, actions or causes of action of any kind
and nature for personal injury or death, or property damage in any way arising out of or resulting
from any activity or operation of the Operator on the premises or in connection with its use of the
premises or facilities and the Operator further agrees to pay all expenses in defending against any
claims made against the City; provided, however, that the Operator shall not be liable for any
injury, damage or loss occasioned by the sole negligence or willful misconduct of the City, its
agents, or employees. The Operator and the City shall give prompt and timely notice of any claim
made or suit instituted which in any way, directly or indirectly, contingently or otherwise, affects
or might affect either party.
B. The Operator shall procure and maintain in effect during the teinl of this Agreement,
with companies licensed to do business in the State of Nebraska, public liability insurance with, at
minimum, policy limits of $1,000,000 for bodily injury or death and $50,000 for property damage.
Said policy shall expressly include the City of Blair as an additional named insured.
A certified copy of the policy or a certificate evidencing the existence thereof shall be
delivered to the City Administrator within ten (10) days after the execution of this Agreement.
Each such copy shall contain a valid provision or endorsement that the policy may not be canceled,
terminated, or materially changed or modified without giving thirty (30) days written advance
notice thereof to the City. Each such policy shall contain an additional endorsement providing that
the insured's carrier shall not, without obtaining express advance permission from the City, raise
any defense involving in any way the immunity of the City of Blair, officers, agents or employees,
the governmental nature of the City, or the provisions of any statutes respecting suits against the
City.
C. The Operator shall furnish to the City satisfactory evidence that it carries Workers
Compensation Insurance in accordance with the laws of the State of Nebraska.
D. In the event the Operator shall fail to obtain any such insurance or shall permit any such
insurance or other type of indemnity to lapse or become void, the City may teiiiiinate this
Agreement.
ARTICLE XII. — INDEPENDENT CONTRACTOR
It is understood and agreed by and between the parties that any and all acts of the Operator
or its employees, agents, or servants performed pursuant to the terms of this Agreement shall be
undertaken as independent contractors and not as employees of the City.
The activities and uses to which the pool property may be put and the privileges, rights, and
obligations authorized herein are personal. The Operator agrees that it will not assign its rights
granted hereunder without the express written consent of the City. Any purported assignment in
violation hereof shall be void.
ARTICLE XIV. — SUCCESSOR AND ASSIGNS BOUND BY COVENANTS
All covenants, stipulations, and agreements in this Agreement shall extend to and bind the
legal representatives, successors, and assigns of the respective parties hereto.
A. Notice to the City provided for in this Agreement shall be sufficient if sent by certified
or registered mail, postage prepaid, addressed to:
Mr. Rodney Storm
City Administrator
218 South 16 Street
Blair, Nebraska 68008
and notices to the Operator, if sent by certified or registered mail, postage prepaid, addressed to:
Rusty Bahr
Blair Family YMCA
1278 Wilbur Street
Blair, NE 68008
ARTICLE XIII. — ASSIGNMENT
ARTICLE XV. — GENERAL PROVISIONS
or to such other respective address as the parties may designate to each other from time to time in
writing.
B. The Operator represents that it has carefully reviewed the teiuis and conditions of the
Agreement and is familiar with such terms and conditions and agrees faithfully to comply with the
same to the extent to which said tefi and conditions apply to its activities, authorized and
required by this instrument.
C. The term "City" as sued in this Agreement means the City of Blair, Nebraska, and,
where this Agreement speaks of approval and consent by the City, such approval is understood to
be manifested by act of the Mayor or his designated representative, except as otherwise expressly
stated in this Agreement.
D. The Operator covenants that it has not retained or employed any company or person
other than bonafide employees working solely for Operator and has not paid nor agreed to pay any
fee, commission, percentage, brokerage fee, gift, or any other award for making this Agreement.
For breach of this statement, the City of Blair shall have the right to annul this Agreement without
liability.
E. The Operator shall not, in the performance of this Agreement, discriminate or permit
discrimination in violation of federal or state laws or local ordinances because of race, color, sex,
age, political or religious opinions, affiliations or national origin.
F. Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
G. The parties to this Agreement shall conform with all existing and applicable City
ordinances, resolutions, state laws, federal laws, and all existing and applicable rules and
regulations. Nebraska law will govern the terms and the performance under this Agreement.
H. The Operator covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict with the performance of services required to be
performed under this Agreement; it further covenants that, in the performance of this Agreement,
no person having any such interest shall be employed.
I. This Agreement shall not be merged into any other oral or written agreement, lease or
deed of any type. This is the complete and full agreement of the parties.
J. This Agreement contains the entire agreement of the parties. No representations were
made or relied upon by either party other than those that are expressly set forth herein. No agent,
employee, or other representative of either party is empowered to alter any of the terms hereof
unless done in writing and signed by an authorized officer of the respective parties.
K. All provisions of this Agreement and each and every document that shall be attached
shall be strictly complied with as written, and no substitution or change shall be made except upon
written direction from authorized representative.
ARTICLE XVI. — INVALID PROVISION
In the event any covenant, condition, or provision herein contained is held to be invalid by
any court of competent jurisdiction, the invalidity of any such covenant, condition, or provision
herein contained shall not affect the validity of the remainder of the covenants, conditions, or
provisions of this Agreement which shall in all respects remain a legally binding Agreement with
the invalid portion being deleted; provided that the validity of any such covenant, condition, or
provision does not materially prejudice either the City or the Operator in its respective rights and
obligations contained in the valid covenants, conditions, or provisions of this Agreement.
IN WITNESS WHEREOF, the parties have caused these presents to be signed by their duly
authorized officers.
ATTEST:
/7 !i
e h. ! '-
BRENDA R. TAYLOR CITY CLERK
(SEAL)
AT FEST:
Secretary
Dated at Blair, Nebraska, this 24th day of February, 2004.
CITY OF BLAIR, NEBRASKA, A
MUNICIPAL CORPORATION,
BLAIR FAMILY YMCA, INC.
By e
Presi ent
CO/Yrra -C-f \(\1 VC) t . .pc olowd
1.64- sicr. Wi drew 1-kfU4 b;d.
3 I cI04
RESOLUTION NO. 2004 -11
COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, a Turf Mowing Agreement between the City of Blair, Nebraska, and Lawn FX
has been prepared and presented to the City Council providing for the terms of said Turf Mowing for
the City of Blair to Lawn FX, a copy of which Agreement is attached hereto, marked Exhibit "A"
and by this reference made a part hereof, and
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
NOW, THEREFORE, BE IT RESOLVED that said Turf Mowing Agreement referred to
hereinabove is hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are
hereby authorized and directed to execute same on behalf of the municipality.
COUNCIL MEMBER BIFFAR MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL
CALL, COUNCIL MEMBERS STEWART, SCHEVE, BIFFAR, SHOTWELL, FANOELE,
MCMANIGAL AND WOLFF VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING
"NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
ADOPTED THIS 24TH DAY OF FEBRUARY, 2004.
ATTEST:
BRENDA R. TAYLO`TY CLERK
(SEAL)
CITY OF BLAIR, NEBRASKA
BY
. REALPH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 24th day of
February, 2004.
BR DA R. TAYLOR, CLERK
ATTEST:
RESOLUTION NO. 2004 -12
COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, a Right of Way Mowing Agreement between the City of Blair, Nebraska, and
Monarch Grounds has been prepared and presented to the City Council providing for the terms of
said Right of Way Mowing for the City of Blair to Monarch Grounds, a copy of which Agreement is
attached hereto, marked Exhibit "A" and by this reference made a part hereof, and
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
NOW, THEREFORE, BE IT RESOLVED that said Right of Way Mowing Agreement
referred to hereinabove is hereby adopted and accepted by the City of Blair and the Mayor and City
Clerk are hereby authorized and directed to execute same on behalf of the municipality.
COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON ROLL
CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, MCMANIGAL,
WOLFF AND BIFFAR VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY ",
THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS
24TH DAY OF FEBRUARY, 2004.
(SEAL)
B R. TAYLO ITY CLERK
CITY OF BLAIR, NEBRASKA
JA S :. REALPH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 24th day of
February, 2004.
!.,
7
B NDA R. TAYLO' ' ' TY CLERK
INDEPENDENT CONTRACTOR AGREEMENT
r
This Agreement made this �� day of March 2004, between the City of Blair,
Nebraska; Hereinafter referred to as the "City" and Monarch Grounds Maintenance, Inc.,
hereinafter referred to as the "Contractor ".
Whereas, City requested bids for the right -of -way mowing of Nebraska
Department of Roads, City Streets and Union Pacific Railroad right -of -ways and other
areas and that Contractor was the lowest and best bidder for such project.
For valuable consideration and the mutual promises and covenants herein, the
parties hereto agree as follows:
1) Independent Contractor: City hereby retains the services of
Contractor to act as an independent contractor for the purpose of
right -of -way mowing of the Department of Roads, City Streets,
Union Pacific Railroad and other areas designated hereinbelow.
Contractor hereby agrees and understands that it is an independent
contractor and is not an agent or employee of the City.
2) Term of Agreement: Subject to the terms and conditions set forth
for termination hereof this Agreement shall commence on April 1,
2004 and shall terminate on March 31, 2007; provided however,
this Agreement may be terminated under the following conditions:
a) Either party may terminate this Agreement by giving
written notice of termination on or before December 31
of each calendar year during the term of this
Agreement. In the event either party delivers such
written termination, this Agreement shall immediately
terminate; or
b) In the event that the City, in its sole and absolute
discretion, deems that the Contractor is in default of the
terms of this Agreement, City shall serve Contractor
with written notice stating the nature of the default and
providing a reasonable period of time for satisfactory
correction thereof, said reasonable period of time to not
bee less than thirty (30) days. In the event that
Contractor has not satisfactorily corrected the default to
1
the satisfaction of City, in City's sole and absolute
discretion, within in said thirty (30) day period, then
City shall so notify Contractor of its default and this
Agreement shall terminate upon delivery of such notice
of default; provided further, that in the event City
terminates the Agreement pursuant to this provision,
City shall have the right to contract with a third party to
have the services performed and if the cost thereof is in
excess of the amount set forth in Paragraph 5, then
Contractor shall be liable for and pay to City, the
amount in excess of the cost for mowing set forth in
said Paragraph 5.
Services: Contractor agrees to mow all right -of -way areas designated on Exhibit "A"
attached hereto, and incorporated by this reference herein on the following schedule:
a) All right -of -way areas are to be mowed once every
month during the months of April through October,
which equals a total of nine (9) mowings per year. City
reserves the right to request Contractor to mow
additional times upon reasonable notice. Contractor
will be compensated for additional mowings as set forth
in Paragraph 5 hereinbelow;
b) Mowing of all right - of-way areas described on Exhibit
"A" are to be completed within twenty -four (24)
consecutive hours after mowing has commenced;
c) All right -of -ways shall be mowed to a height as
directed by the City and included trimming around all
obstacles or protrusions.
d) Contractor shall furnish all necessary vehicles,
equipment, tools and labor to perform the services
described hereinabove, in a timely and workmanlike
manner.
4) Insurance Requirements: Contractor shall be required to maintain the
following insurance:
a) Workman's Compensation Act — Contractor shall
maintain liability insurance that will protect Contractor,
or its sub - contractors, from claims under the Nebraska
Workman's Compensation Act;
2
b) Commercial General Liability Insurance — Contractor
shall maintain a commercial general liability insurance
policy in an amount of at least Five Hundred Thousand
Dollars ($500,000) with a deductible of not more than
Two Hundred Fifty Dollars per occurrence covering
bodily injury, including death and property damage
which may arise from or during operations under this
agreement.
Contractor shall provide City with a certificate of insurance evidencing the
existence of the policies of insurance and further provide that City shall be
given at least thirty (30) days notice prior to cancellation of any of such
policies of insurance.
5) Compensation:
a) City agrees to pay Contractor the sum of One Thousand two
Hundred Sixty Six Dollars and 38 Cents ($1266.38) per mowing
for all sites listed on Exhibit "A" attached hereto. Contractor shall
deliver a claim to City on monthly basis. City agrees to remit
payment to Contractor within thirty (30) days after verification of
satisfactory performance of the services.
6) Employees: Contractor shall not employ any person whose
employment on or in connection with this contract may be
objectionable to City and Contractor agrees to reassign any such
person when objected to by City.
7) Government Regulations/Laws: The Contractor shall comply with all
federal and state laws, codes and regulations and all codes and
regulations of the City of Blair, Nebraska and to pay all fees, taxes and
expenses connected with compliance thereof and also to pay all taxes
imposed by any federal or state law or any employment insurance or
other such expense associated with its employees.
Contractor further agrees to comply with the Occupational Safety and
Health Act of 1970, as amended, and any and all regulations issued
pursuant. As a term and condition of this agreement, the Contractor
shall keep and save the City harmless from any claims or charges of
any kind by reason of the Contractor failing to comply with the
Occupational Safety and Health Act of 1970, as amended, and the
regulations thereto and agrees to reimburse City for any fines,
damages or expenses of any kind incurred by City by reason of the
Contractor's failure to so comply.
ATTEST:
8) General Indemnification: Contractor agrees to indemnify and hold
harmless from any and all claims, causes of action, losses or other
liability arising, directly or indirectly, from the services contemplated
under this Agreement.
9) Assignment: This Agreement shall not be assigned by either party.
l 0) Time is of the Essence: Time is the essence of this Agreement.
11) Binding Effect: This Agreement shall be binding upon and insure to
the benefit of the parties hereto, their successors or assigns.
CITY OF BLAIR, NEBRASKA MANARCH GROUNDS MAINTENANCE, 1NC
By
4
ATTEST:
BRrNDA R. TAYLO ITY CLERK SECRETARY,-
RESOLUTION NO. 2004 - 13
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the State of Nebraska Department of Roads has submitted a proposed
Agreement for replacement of a bridge located on 17` Street in Blair, Nebraska over South Creek.
WHEREAS, the Agreement between the City of Blair, Nebraska and the State of
Nebraska Department of Roads for the replacement of the bridge on 17` Street in Blair, Nebraska
designated Project No. BRO- 7089(27),CN22136 are acceptable to the Mayor and City Council.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the Agreement between the City of Blair, Nebraska
and the State of Nebraska Depai tnient of Roads which has been presented to the City Council, is
hereby accepted and adopted by the City of Blair, Nebraska. Said Agreement is attached hereto as
Exhibit A and is fully incorporated herein by reference.
BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair,
Nebraska are hereby authorized and directed to execute said Agreement on behalf of the
municipality.
COUNCIL MEMBER BIFFAR MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON
ROLL CALL, COUNCILMEMBERS BIFFAR, WOLFF, MCMANIGAL, FANOELE,
SHOTWELL, SCHEVE, AND STEWART VOTING "AYE" AND COUNCIL MEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
APPROVED THIS 24 DAY OF FEBRUARY, 2004.
—1—
CITY OF BLAIR, NEBRASKA
JA E. REALM, MAYOR
ATTEST:
B ENDA R. TAYLOR, CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR, 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 24th day of February, 2004.
BRENDA R. TAYLOR, C CLERK
AGREEMENT
CITY OF BLAIR
STATE OF NEBRASKA, DEPARTMENT OF ROADS
PROJECT NO. BRO- 7089(27), STATE CONTROL NO. 22136
17 STREET BRIDGE
BRIDGE REPLACEMENT
THIS AGREEMENT, made and entered into by and between the City of Blair, hereinafter
referred to as the "City", and the State of Nebraska, Department of Roads, hereinafter referred
to as the "State ",
W ITNESSETH:
WHEREAS, certain streets in the City have been designated as being eligible for Bridge
Replacement (BRO) Funds by the Department of Transportation, Federal Highway
Administration, hereinafter called the FHWA, in compliance with Federal laws pertaining
thereto, and
WHEREAS, BRO Funds have been made available by Title 23 of the United States
Code, providing for improvements on eligible City Streets, and
WHEREAS, the Federal share payable on any portion of a BRO project will be a
maximum of 80 percent of the eligible costs, 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 the State, and
WHEREAS, the City shall supervise the contract letting and ensure that the project
receives the same degree of supervision and inspection as a project constructed under a
contract let and directly supervised by the State, and
WHEREAS, the regulations further permit the use of funds other than State funds in
matching Federal Funds for the improvements of those streets, and
WHEREAS, the State is willing to cooperate to the end of obtaining Federal approval of
the proposed work and Federal Funds for the construction of the proposed improvement, with
the understanding that no State Funds are to be expended on this project, and
WHEREAS, if the City is to receive Federal participation for any portion of the work on
• the proposed project, it is necessary all phases of work comply with Federal requirements and
procedures, 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, the funding for the project under this agreement, includes pass- through
monies from the Federal Highway Administration (FHWA). If a non - federal entity expends
XL04 15
$300,000 or more in total federal awards in a fiscal year, then the A -133 audit is required as
explained further in this agreement, and
WHEREAS, the City desires that this project as shown on attached EXHIBIT "A" be
constructed under the designation of Project No. BRO- 7089(27), as evidenced by the
Resolution of the City dated the Z Y day of /�G.j�' ru 4 ru . 2004, attached
as EXHIBIT "B" and made a part of this agreement, and
WHEREAS, the cost of preliminary engineering, nonbetterment utility rehabilitation,
construction and construction engineering is estimated to be $211,220, and
WHEREAS, the project is described as follows:
Replace worn out bridge on 17 Street at South Creek with a new box culvert. The box
culvert will be wide enough to accommodate sidewalks on both sides of the street.
NOW THEREFORE, in consideration of these facts, the City and State agree as follows:
SECTION 1. The State agrees to present this project to the FHWA for its approval, if
necessary.
SECTION 2. The funding for the project under this agreement includes pass - through federal
monies from the FHWA. According to the Single Audit Act Amendments of 1996 (signed into
law by President Clinton on July 5, 1996) and the implementing regulations contained in OBM
Circular A -133, the A -133 Audit is required if the non - federal entity expends $300,000 or more
in total federal awards in a fiscal year. Non - federal entity means state and local govemments
and non - profit organizations.
The City shall have its finance officer or auditor, review the situation to determine what
the City must do to comply with this federal mandate. If applicable, the expenditures related to
the FHWA should be shown in the Supplementary Schedule of Expenditures of the Federal
Awards under U.S. Department of Transportation as a pass- through Nebraska Department of
Roads, Federal CFDA Number 20.205. If an A -133 Audit is performed, the City shall send the
audit report to the Nebraska Department of Roads, Highway Audits Manager, P.O. Box 94759,
Lincoln, NE 68509 -4759.
SECTION 3. The City agrees to perform or cause to be performed a preliminary survey and all
necessary plans, specifications and estimates for the proposed work. The City agrees to
acquire any or all permits necessary to accomplish the project.
SECTION 4. The City agrees to locate and reference or have located and referenced all
section corners, quarter section comers and subdivision lot corners required for construction of
the proposed project in accordance with Section 39 -1708 et. seq., R.R.S. 1943 as amended.
Project No. BRO- 7089(27)
17 Street Bridge
Bridge Replacement
-2-
SECTION 5. ENVIRONMENTAL RESPONSIBILITY
The City shall be responsible to complete any federally required environmental actions
and documents for this project, and get them approved by the State and the FHWA prior to
proceeding with appraising and acquiring any right -of -way for the project.
When it is determined that a public hearing is a federal requirement for the project, the
City shall offer an opportunity for a location or design hearing or combined location and design
public hearing.
If a public hearing is required, the City shall contact the State's Public Hearing Officer
(PHO) prior to doing any public hearing activity, so the PHO can advise the City of the proper
procedures and policies for conducting the hearing. The City can contact the State's PHO by
calling (402) 479 -4871.
SECTION 6. The City agrees to provide the State with current project schedules and progress
reports of critical milestones (start date, public meetings /hearings, P.I.H., 100% plans, letting
date, construction start and ending date, etc.).
SECTION 7. The City shall design the project according to the current AASHTO Policy on
Geometric Design of Highways and Streets, the Minimum Design Standards of the Board of
Public Roads Classifications and Standards and to the Americans with Disabilities Act (ADA)
Accessibility Guidelines. All Plans. specifications and bid proposals_ permits and any other
contract documents must be submitted to and reviewed by the State prior to any bid letting by
the City. Any deviations from the above publications must be approved by the State.
SECTION 8. The State and City agree that the construction engineering, which is an eligible
project expense and which includes construction staking, inspection and field testing, will be
accomplished by City forces or a State Certified Consultant selected by the City.
The City agrees, if a Consultant is to be selected, that the method of selection and the
resulting agreement between the Consultant and the City must conform to the State's standard
practices and will be subject to State review and concurrence prior to agreement execution
between the City and the Consultant.
The inspection, sampling and testing of all materials must be done in accordance with
the current State of Nebraska Standard Specifications for Highway Construction, the State
Materials Sampling Guide, Quality Assurance Program for Construction, and the State
Standard Methods of Tests (www.dor.state.ne.us) or applicable AASHTO or ASTM procedures.
The City shall provide adequate quality assurance on the project and will be responsible for the
sampling and delivery of project materials for testing to a qualified laboratory. In all cases, the
State will provide a State Representative designated by the State on a part-time basis, who will
Project No. BRO- 7089(27)
17 Street Bridge
Bridge Replacement
-3-
inspect the project and ensure that the City is in compliance with the contract, plans,
specifications, scope of work, regulations, statutes, etc., in order that Federal Funds may be
expended on the project. Upon project completion, the City shall complete and sign a State
DR Form 299, "Notification of Project Completion and Materials Certification" and provide it to
the State Representative for further action. If the State Representative determines the project
is acceptable, the State Representative will sign the form and send it to the District Engineer for
signature. The District Engineer will forward the form to the State's Urban Engineer for signing,
project closeout and final payment.
The City by signing DR Form 299 certifies that all sampling and test results of materials
used on the project, manufacturer's certificates of compliance and manufacturer's certified test
reports meet contract requirements and are on file with the City and the City shall make them
available for inspection to the State and the FHWA or their authorized representatives when
requested in writing to do so.
The State Representative will conduct a final review of the project and will determine if
the project is acceptable. If the State Representative determines the project is not acceptable,
the State Representative will notify the City's Project Manager in writing of what needs to be
done to bring the project into compliance for acceptability before the State Representative will
sign the DR 299 and recommend the project for closeout. The City shall contact the State's
District Engineer for State Representative assignment. It is understood that any construction
engineering services furnished by the State will be part of the cost of the project and the State's
expenses will be included as costs of the project.
The City shall provide a Project Manager to oversee the project and to ensure that the
construction engineering performed by City forces or the City's Consultant comply with
requirements for Federal funding. The Project Manager's services include, but are not limited
to, arranging the preconstruction conference, keeping the State's Representative informed of
project start and ending dates, and other scheduled construction milestones, and project
management as required and preparing contractor change orders and supplemental
agreements.
SECTION 9. The City agrees to advertise and conduct a letting and receive bids for the
contemplated improvement. Prior to advertising the project for bids, the City shall submit a
Right -of -Way Certificate and the final plans package (100 percent plans, specifications,
permits, engineers estimate, and contract bidding documents) to the Urban Engineer for review.
The State will review the submitted items and give the City direction on proceeding with
advertising the project for bids. Upon direction from the State for the City to advertise, the City
Project No. BRO- 7089(27)
17 Street Bridge
Bridge Replacement
-4-
shall not open the bids for a minimum of 21 calendar days after the first advertisement is
published in the newspapers. The City shall submit its selection of low bidder and supporting
documents to the State for concurrence prior to awarding of the construction contract to the
successful low bidder. The City shall sign the contract or contracts and shall send copies of the
signed contract(s), including copies of the awarded final plans package to the State's Urban
Engineer, and District Engineer.
SECTION 10. The cost of preliminary engineering, nonbetterment utility rehabilitation,
construction and construction engineering is estimated to be $211,220. The City's share is
estimated at 20 percent at $42,244. The State agrees to reimburse the City, using Federal
Funds, for 80 percent of the actual eligible cost of the improvement. Progress billings to
reimburse the City may be submitted no more often than monthly. The State will pay
95 percent of the 80 percent Federal share until 95 percent of the contractor's costs, or
95 percent of the maximum Federal share has been reimbursed. The final settlement between
the State and the City will be made after final review and approval by the State and after an
audit, if deemed necessary, has been performed to verify actual costs. The City agrees to
reimburse the State for any overpayments discovered by the State or its authorized
representative.
The City further agrees, that if reimbursement to the State is required on this project, and
if the City is unable to or does not make reimbursement within 60 calendar days after the State
notifies the City of such required reimbursement; the State by this agreement is authorized to
withhold money from State Highway funds apportioned or to be apportioned to the City, in an
amount equal to the required reimbursement to the State.
Costs incurred by the State with respect to the entire project will be part of the cost of the
project to be paid out of City and Federal Funds. The State may, at its discretion, initiate
progress invoices for costs incurred by the State during the progression of the project and the
City agrees to pay such invoices within thirty days of receipt. The City's share of the total
project cost will be all costs not paid for by Federal Funds.
The criteria contained in Part 31 of the Federal Acquisition Regulations System
(48 CFR 31) will be applied to determine the allowability of costs incurred by the City under this
agreement.
Final payment will not be made to the City until the City has filed a completed State
DR Form 299 with the State, and both the City and the State have signed it.
SECTION 11. The City understands that payment for the costs of this project, whether they be
services, engineering, Right -of -Way, utilities, material or otherwise, are the sole responsibility of
Project No. BRO- 7089(27)
17'h Street Bridge
Bridge Replacement
-5-
the City where Federal participation is not allowable or available. Therefore, where the Federal
government refuses to participate in the project or any portion of the project the City is
responsible for full project payment with no cost or expense to the State in the project or portion
of the project. Should the project be abandoned before completion, the City shall pay all costs
incurred by the State prior to such abandonment.
The City shall maintain all books, documents, papers, accounting records and other
evidence pertaining to costs incurred and shall make such material available at its office at all
reasonable times during the contract period and for three years from the date of final payment
under this agreement; such records must be available for inspection by the State and the
FHWA or any authorized representatives of the Federal government, and the City shall furnish
copies to those mentioned in this section when requested to do so.
SECTION 12. The Federal share of this project must 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 13. The City agrees that it is to receive Federal participation for portion(s) of the
work on the proposed project. Because the City is to receive Federal Funds for any part of this
project, the City shall perform the services for all phases of work, including, but not limited to
preliminary engineering, acquisition of Right -of -Way, construction (includes construction
engineering), etc., according to Federal procedures and requirements.
Prior to beginning any phase of work on the proposed project, the City shall contact the
Urban Engineer for direction and assistance to ensure that all work will be accomplished
according to Federal procedures and requirements.
SECTION 14. 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 (Reissue 1998), 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 DISCRIMINATION CLAUSES Section of this
agreement.
SECTION 15. DISADVANTAGED BUSINESS ENTERPRISES
A. Policy
The City agrees 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
Project No. BRO- 7089(27)
17 Street Bridge
Bridge Replacement
-6-
disadvantaged business requirements of 49 CFR Part 26 are hereby made a part of and
incorporated by this reference into this agreement.
B. Disadvantaged Business Enterprises Obligation
The City and State 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 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.
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.
SECTION 16. NONDISCRIMINATION CLAUSES
During the performance of this agreement, the City, for itself, its assignees and successors in
interest agrees as follows:
(1) Compliance with Regulations: The City 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.
(2) Nondiscrimination: The City, 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 City shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of
the Regulations, including employment practices when the contract covers a program set
forth in Appendix "A," "B," and "C" of Part 21 of the Regulations.
(3) Solicitations for Subcontracts. Including Procurements of Materials and Enuioment: In all
solicitations either by competitive bidding or negotiation made by the City for work to be
Project No. BRO- 7089(27)
17 Street Bridge
Bridge Replacement
-7-
performed under a subcontract, including procurements of materials or equipment, each
potential subcontractor or supplier shall be notified by the City of the City's obligations
under this agreement and the Regulations relative to nondiscrimination on the basis of
disability, race, color, sex, religion or national origin.
(4) Information and Reports: The City 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 the 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, the City shall so certify to the State, or the FHWA as appropriate, and shall
set forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the City's noncompliance with the
nondiscrimination provisions of this agreement, the 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 the City under this agreement until the City complies,
and /or
(b) cancellation, termination or suspension of this agreement, in whole or in part.
(6) Incorporation of Provisions: The City shall 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 City shall take such action with respect to any subcontract or procurement
as the State or the 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, the City may request the State to enter into such litigation to protect the
interests of the State, and in addition, the City may request the United States to enter into
such litigation to protect the interests of the United States.
SECTION 17. Changes to the city streets which affect the function or operation of the
improvement made either during construction or after the project is completed, will require prior
approval of the State. Requests for changes during project construction must be made to the
State Representative through the State's District Engineer.
Upon project completion and final review, the City shall send one set of "As- Built" plans to
the Urban Engineer.
Project No. BRO- 7089(27)
17 Street Bridge
Bridge Replacement
-8-
SECTION 18. Upon project completion, the City shall maintain the project at its own expense,
and agrees to make provisions each year for the maintenance costs involved in properly
maintaining this facility.
SECTION 19. Any utility rehabilitations or installations made within the Right- of -Way on this
project after execution of this agreement must be in accordance with the provisions of
Federal -Aid Highway 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, or a State
approved Utility Accommodation Policy. In order to receive Federal -Aid Funds for this
improvement, the City agrees to follow the current "Policy for Accommodating Utilities on State
Highway Right -of- Way." Anvwork within the State Riaht-of-Wav requires a permit. The City
shall contact the District Engineer or Permits Officer to determine if a permit or permits is
needed for the project and to make application for those permits if necessary.
All nonbetterment municipally owned and operated utility rehabilitation costs within the
corporate limits of the city will become a project cost, but that outside the corporate limits, only
the nonbetterment portion of the rehabilitation costs of facilities currently occupying private
Right -of -Way will be reimbursed. Further, there will be no Federal reimbursement for private or
nonmunicipally owned and operated utilities if they are located on public Right- of -Way,
however, nonbetterment costs of privately owned and operated utilities will be reimbursed if
they exist on privately owned Right -of -Way and it is necessary to rehabilitate the utilities due to
this project. All such reimbursements will be based on items and estimates submitted by the
utility and approved by the City and State. Should this oroiect necessitate the nonbetterment
rehabilitation of any privately owned and operated utilities, then the City shall send the State an
estimate of those nonbetterment utility rehabilitation costs prior to the work beino done. The
City shall pay for utility nonbetterment rehabilitation and then bill the State for those eligible
reimbursement costs. All reimbursements will be based on the actual costs of material,
services and labor. This will be subject to audit, if the State deems that one is necessary.
SECTION 20. If Federal participation is requested in Right -of -Way appraisal or acquisition, the
State on behalf of the City, will review appraisals and negotiations for any additional
Right -of -Way. The City will be responsible for any eminent domain proceedings required for
acquisition of the necessary property. The appropriate procedures as outlined in the current
Nebraska Right -of -Way Manual approved by the FHWA must be followed. Regardless of
whether or not Federal Funds are requested for the Right -of -Way, the City agrees to contact
the State prior to beginning any Right -of -Way activity in order that the State may advise the City
Project No. BRO-7089(27)
17 Street Bridge
Bridge Replacement
- 9 -
of the required Right -of -Way functions and procedures. It is understood that any Right -of -Way
services furnished by the State will be part of the cost of the project and the State's expenses
will be included as costs of the project as specified in this agreement.
SECTION 21. The City agrees, at no cost to the project, to clear the present Right -of -Way of
this project of all advertising signs. The City also agrees, at no cost to the project, 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.
SECTION 22. The City agrees, and shall certify after accomplishment, that any Right -of -Way
for this improvement not donated in compliance with FHWA guidelines will be acquired in
accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 as amended, 49 CFR 24, and the State's Right -of -Way Manual as approved by FHWA.
SECTION 23. In the event that Relocation Assistance (financial aid to those persons relocated
due to the road improvement) as defined in Public Law 91 -646 (42 U.S.G. 4601) as amended,
49 CFR 24, and Neb.Rev.Stat. §76 -1214 through 76 -1238 (Reissue 1996), is required for this
improvement, the City shall enter into an appropriate agreement with the State in order that the
State may perform the necessary and required relocation assistance functions. All relocation
assistance services furnished by the State in this connection will be part of the cost of the
project and the State's expenses will be deducted from the Federal monies received prior to
reimbursement to the City.
SECTION 24. Traffic control during project construction must conform with the Manual on
Uniform Traffic Control Devices. Before final acceptance of the project by the State, all signing
and marking must be in conformance with the current Manual on Uniform Traffic Control
Devices.
Project No. BRO- 7089(27)
17 Street Bridge
Bridge Replacement
- 10 -
IN WITNESS WHEREOF, the City and State hereto have caused these presents to be
executed by their proper officials thereunto duly authorized as of the dates below indicated.
EXECUTED by the City this 2y day of F-e.A ru a -Z/ , 2004.
WITNESS: CITY OF BLAIR
Brenda Taylor James Reaiph
ity Cle rk Mayor
EXECUTED by the State this // day of
RECOMMENDED:
Tim Weander, P.E.
District 2 Eng eer
AGR4 -DJ
Project No. BRO- 7089(27)
17 Street Bridge
Bridge Replacement
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Eldon D. Poppe, P.E.
Roadway Design Engineer
, 2004.
41
o
Front St
PROJECT
LOCATION
BRO- 7089(27)
C.N. 22136
WASHINGTON COUNTY
NEBRASKA
Grant St c-
o Rd 6456 I
N Colfax St — -- *-
1
C1
South St
Rd 6454
0 ° L% Or 1 1 12
° L 14 13
Gc° Butte _ St
-_z,_ co La(avette St
G ° N. co
ks�
1 kk+
Pleasant :!Valley Blvd
BLAIR
Lincoln St
cc
Hollostone St
Butler St
Oak St Prospect , St
Wilbur St
Rd 6452 I
C 8NW T COI
Washington St
• r
61)
EXHIBIT "A"
RESOLUTION NO. 2004 - 13
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the State of Nebraska Department of Roads has submitted a proposed
Agreement for replacement of a bridge located on 17 Street in Blair, Nebraska over South Creek.
WHEREAS, the Agreement between the City of Blair, Nebraska and the State of
Nebraska Department of Roads for the replacement of the bridge on 17 Street in Blair, Nebraska
designated Project No. BRO- 7089(27),CN22136 are acceptable to the Mayor and City Council.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the Agreement between the City of Blair, Nebraska
and the State of Nebraska Department of Roads which has been presented to the City Council, is
hereby accepted and adopted by the City of Blair, Nebraska. Said Agreement is attached hereto as
Exhibit A and is fully incorporated herein by reference.
BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair,
Nebraska are hereby authorized and directed to execute said Agreement on behalf of the
municipality.
COUNCIL MEMBER BIFFAR MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON
ROLL CALL, COUNCIL_MEMBERS BIFFAR, WOLFF, MCMANIGAL, FANOELE,
SHOTWELL, SCHEVE, AND STEWART VOTING "AYE" AND COUNCIL MEMBERS NONE
VOTING' AY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
APPROVED THIS 24 DAY OF FEBRUARY, 2004.
—1—
CITY OF BLAIR, NEBRASKA
E. REALPH, MAYOR
Exhilif (I 8"
ATTI`EST:
BRENDA R. TAYLO
(SEAL)
STATE OF NEBRASKA )
WASHINGTON COUNTY )
ITY CLERK
ss:
BRENDA R. TAYLOR, 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 24th day of February, 2004.
BRENDA R. TAYLOR, tI Y CLERK
• ►'
RESOLUTION NO. 2004 - 14
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the State of Nebraska Department of Roads has submitted a proposed
Agreement for replacement of a bridge located on 16 Street in Blair, Nebraska over South Creek.
WHEREAS, the Agreement between the City of Blair, Nebraska and the State of
Nebraska Depai tinent of Roads for the replacement of the bridge on 16` Street in Blair, Nebraska
designated Project No. BR- 6457(1),CN22135 are acceptable to the Mayor and City Council.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the Agreement between the City of Blair, Nebraska
and the State of Nebraska Department of Roads which has been presented to the City Council, is
hereby accepted and adopted by the City of Blair, Nebraska. Said Agreement is attached hereto as
Exhibit A and is fully incorporated herein by reference.
BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair,
Nebraska are hereby authorized and directed to execute said Agreement on behalf of the
municipality.
COUNCIL MEMBER BIFFAR MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHOTWELL.
UPON ROLL CALL, COUNCILMEMBERS BIFFAR, WOLFF, MCMANIGAL, FANOELE,
SHOTWELL, SCHEVE, AND STEWART VOTING "AYE" AND COUNCIL MEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
APPROVED THIS 24 DAY OF FEBRUARY, 2004.
—1—
CITY OF BLAIR, NEBRASKA
BY
JAM - REALPH, MAYOR
ATTEST:
(SEAL)
BR` -NDA R. TAYLOR, C �, CLERK
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR, 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 24th day of February, 2004.
B b NDA R. TAYLOR, CITY CLERK
AGREEMENT
CITY OF BLAIR
STATE OF NEBRASKA, DEPARTMENT OF ROADS
PROJECT NO. BR- 6457(1), STATE CONTROL NO. 22135
16 STREET BRIDGE
BRIDGE REPLACEMENT
THIS AGREEMENT, made and entered into by and between the City of Blair, hereinafter
referred to as the "City', and the State of Nebraska, Department of Roads, hereinafter referred
to as the "State ",
WITNESSETH:
WHEREAS, certain bridges in the City have been designated as being eligible for Bridge
Replacement (BR) Funds by the Department of Transportation, Federal Highway
Administration, hereinafter called the FHWA, in compliance with Federal laws pertaining
thereto, and
WHEREAS, BR Funds have been made available by Title 23 of the United States Code,
providing for improvements on eligible City Streets, and
WHEREAS, the Federal share payable on any portion of a BR project will be a maximum
of 80 percent of the eligible costs, 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 the State, and
WHEREAS, the City shall supervise the contract letting and ensure that the project
receives the same degree of supervision and inspection as a project constructed under a
contract let and directly supervised by the State, and
WHEREAS, the regulations further permit the use of funds other than State funds in
matching Federal Funds for the improvements of those streets, and
WHEREAS, the State is willing to cooperate to the end of obtaining Federal approval of
the proposed work and Federal Funds for the construction of the proposed improvement, with
the understanding that no State Funds are to be expended on this project, and
WHEREAS, if the City is to receive Federal participation for any portion of the work on
the proposed project, it is necessary all phases of work comply with Federal requirements and
procedures, 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, the funding for the project under this agreement, includes pass - through
monies from the Federal Highway Administration (FHWA). If a non - federal entity expends
XL0416
$300,000 or more in total federal awards in a fiscal year, then the A -133 audit is required as
explained further in this agreement, and
WHEREAS, the City desires that this project as shown on attached EXHIBIT "A" be
constructed under the designation of Project No. BR- 6457(1), as evidenced by the Resolution
of the City dated the 2 0 111 day of / Lruc r J 2004, attached as
EXHIBIT "B" and made a part of this agreement, and
WHEREAS, the cost of preliminary engineering, nonbetterment utility rehabilitation,
construction and construction engineering is estimated to be $230,100, and
WHEREAS, the project is described as follows:
Replace worn out bridge on 16 Street at South Creek with a new box culvert. The box
culvert will be wide enough to accommodate sidewalks on both sides of the street.
NOW THEREFORE, in consideration of these facts, the City and State agree as follows:
SECTION 1. The State agrees to present this project to the FHWA for its approval, if
necessary.
SECTION 2. The funding for the project under this agreement includes pass - through federal
monies from the FHWA. According to the Single Audit Act Amendments of 1996 (signed into
law by President Clinton on July 5, 1996) and the implementing regulations contained in OBM
Circular A -133, the A -133 Audit is required if the non - federal entity expends $300,000 or more
in total federal awards in a fiscal year. Non - federal entity means state and local governments
and non - profit organizations.
The City shall have its finance officer or auditor, review the situation to determine what
the City must do to comply with this federal mandate. If applicable, the expenditures related to
the FHWA should be shown in the Supplementary Schedule of Expenditures of the Federal
Awards under U.S. Department of Transportation as a pass- through Nebraska Department of
Roads, Federal CFDA Number 20.205. If an A -133 Audit is performed, the City shall send the
audit report to the Nebraska Department of Roads, Highway Audits Manager, P.O. Box 94759,
Lincoln, NE 68509 -4759.
SECTION 3. The City agrees to perform or cause to be performed a preliminary survey and all
necessary plans, specifications and estimates for the proposed work. The City agrees to
acquire any or all permits necessary to accomplish the project.
SECTION 4. The City agrees to locate and reference or have located and referenced all
section comers, quarter section corners and subdivision lot corners required for construction of
the proposed project in accordance with Section 39 -1708 et. seq., R.R.S. 1943 as amended.
Project No. BR- 6457(1)
16 Street Bridge
Bridge Replacement
-2-
SECTION 5. ENVIRONMENTAL RESPONSIBILITY
The City shall be responsible to complete any federally required environmental actions
and documents for this project, and get them approved by the State and the FHWA prior to
proceeding with appraising and acquiring any right -of -way for the project.
When it is determined that a public hearing is a federal requirement for the project, the
City shall offer an opportunity for a location or design hearing or combined location and design
public hearing.
If a public hearing is required, the City shall contact the State's Public Hearing Officer
(PHO) prior to doing any public hearing activity, so the PHO can advise the City of the proper
procedures and policies for conducting the hearing. The City can contact the State's PHO by
calling (402) 479 -4871.
SECTION 6. The City agrees to provide the State with current project schedules and progress
reports of critical milestones (start date, public meetings /hearings, P.I.H., 100% plans, letting
date, construction start and ending date, etc.).
SECTION 7. The City shall design the project according to the current AASHTO Policy on
Geometric Design of Highways and Streets, the Minimum Design Standards of the Board of
Public Roads Classifications and Standards and to the Americans with Disabilities Act (ADA)
Accessibility Guidelines. All plans. specifications and bid proposals oermits and any other
contract documents must be submitted to and reviewed by the State prior to any bid letting by
the City. Any deviations from the above publications must be approved by the State.
SECTION 8. The State and City agree that the construction engineering, which is an eligible
project expense and which includes construction staking, inspection and field testing, will be
accomplished by City forces or a State Certified Consultant selected by the City.
The City agrees, if a Consultant is to be selected, that the method of selection and the
resulting agreement between the Consultant and the City must conform to the State's standard
practices and will be subject to State review and concurrence prior to agreement execution
between the City and the Consultant.
The inspection, sampling and testing of all materials must be done in accordance with
the current State of Nebraska Standard Specifications for Highway Construction, the State
Materials Sampling Guide, Quality Assurance Program for Construction, and the State
Standard Methods of Tests (www.dor.state.ne.us) or applicable AASHTO or ASTM procedures.
The City shall provide adequate quality assurance on the project and will be responsible for the
sampling and delivery of project materials for testing to a qualified laboratory. In all cases, the
State will provide a State Representative designated by the State on a part -time basis, who will
Project No. BR- 6457(1)
16 Street Bridge
Bridge Replacement
-3-
inspect the project and ensure that the City is in compliance with the contract, plans,
specifications, scope of work, regulations, statutes, etc., in order that Federal Funds may be
expended on the project. Upon project completion, the City shall complete and sign a State
DR Form 299, "Notification of Project Completion and Materials Certification" and provide it to
the State Representative for further action. If the State Representative determines the project
is acceptable, the State Representative will sign the form and send it to the District Engineer for
signature. The District Engineer will forward the form to the State's Urban Engineer for signing,
project closeout and final payment.
The City by signing DR Form 299 certifies that all sampling and test results of materials
used on the project, manufacturer's certificates of compliance and manufacturer's certified test
reports meet contract requirements and are on file with the City and the City shall make them
available for inspection to the State and the FHWA or their authorized representatives when
requested in writing to do so.
The State Representative will conduct a final review of the project and will determine if
the project is acceptable. If the State Representative determines the project is not acceptable,
the State Representative will notify the City's Project Manager in writing of what needs to be
done to bring the project into compliance for acceptability before the State Representative will
sign the DR 299 and recommend the project for closeout. The City shall contact the State's
District Engineer for State Representative assignment. It is understood that any construction
engineering services furnished by the State will be part of the cost of the project and the State's
expenses will be included as costs of the project.
The City shall provide a Project Manager to oversee the project and to ensure that the
construction engineering performed by City forces or the City's Consultant comply with
requirements for Federal funding. The Project Manager's services include, but are not limited
to, arranging the preconstruction conference, keeping the State's Representative informed of
project start and ending dates, and other scheduled construction milestones, and project
management as required and preparing contractor change orders and supplemental
agreements.
SECTION 9. The City agrees to advertise and conduct a letting and receive bids for the
contemplated improvement. Prior to advertising the project for bids, the City shall submit a
Right -of -Way Certificate and the final plans package (100 percent plans, specifications,
permits, engineers estimate, and contract bidding documents) to the Urban Engineer for review.
The State will review the submitted items and give the City direction on proceeding with
advertising the project for bids. Upon direction from the State for the City to advertise, the City
Project No. BR- 6457(1)
16 Street Bridge
Bridge Replacement
-4-
shall not open the bids for a minimum of 21 calendar days after the first advertisement is
published in the newspapers. The City shall submit its selection of low bidder and supporting
documents to the State for concurrence prior to awarding of the construction contract to the
successful low bidder. The City shall sign the contract or contracts and shall send copies of the
signed contract(s), including copies of the awarded final plans package to the State's Urban
Engineer, and District Engineer.
SECTION 10. The cost of preliminary engineering, nonbetterment utility rehabilitation,
construction and construction engineering is estimated to be $230,100. The City's share is
estimated at 20 percent at $46,020. The State agrees to reimburse the City, using Federal
Funds, for 80 percent of the actual eligible cost of the improvement. Progress billings to
reimburse the City may be submitted no more often than monthly. The State will pay
95 percent of the 80 percent Federal share until 95 percent of the contractor's costs, or
95 percent of the maximum Federal share has been reimbursed. The final settlement between
the State and the City will be made after final review and approval by the State and after an
audit, if deemed necessary, has been performed to verify actual costs. The City agrees to
reimburse the State for any overpayments discovered by the State or its authorized
representative.
The City further agrees, that if reimbursement to the State is required on this project, and
if the City is unable to or does not make reimbursement within 60 calendar days after the State
notifies the City of such required reimbursement; the State by this agreement is authorized to
withhold money from State Highway funds apportioned or to be apportioned to the City, in an
amount equal to the required reimbursement to the State.
Costs incurred by the State with respect to the entire project will be part of the cost of the
project to be paid out of City and Federal Funds. The State may, at its discretion, initiate
progress invoices for costs incurred by the State during the progression of the project and the
City agrees to pay such invoices within thirty days of receipt. The City's share of the total
project cost will be all costs not paid for by Federal Funds.
The criteria contained in Part 31 of the Federal Acquisition Regulations System
(48 CFR 31) will be applied to determine the allowability of costs incurred by the City under this
agreement.
Final payment will not be made to the City until the City has filed a completed State
DR Form 299 with the State, and both the City and the State have signed it.
SECTION 11. The City understands that payment for the costs of this project, whether they be
services, engineering, Right -of -Way, utilities, material or otherwise, are the sole responsibility of
Project No. BR- 6457(1)
16 Street Bridge
Bridge Replacement
-5-
the City where Federal participation is not allowable or available. Therefore, where the Federal
government refuses to participate in the project or any portion of the project the City is
responsible for full project payment with no cost or expense to the State in the project or portion
of the project. Should the project be abandoned before completion, the City shall pay all costs
incurred by the State prior to such abandonment.
The City shall maintain all books, documents, papers, accounting records and other
evidence pertaining to costs incurred and shall make such material available at its office at all
reasonable times during the contract period and for three years from the date of final payment
under this agreement; such records must be available for inspection by the State and the
FHWA or any authorized representatives of the Federal government, and the City shall furnish
copies to those mentioned in this section when requested to do so.
SECTION 12. The Federal share of this project must 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 13. The City agrees that it is to receive Federal participation for portion(s) of the
work on the proposed project. Because the City is to receive Federal Funds for any part of this
project, the City shall perform the services for all phases of work, including, but not limited to
preliminary engineering, acquisition of Right -of -Way, construction (includes construction
engineering), etc., according to Federal procedures and requirements.
Prior to beginning any phase of work on the proposed project, the City shall contact the
Urban Engineer for direction and assistance to ensure that all project work will be accomplished
according to Federal procedures and requirements.
SECTION 14. 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 (Reissue 1998), 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 DISCRIMINATION CLAUSES Section of this
agreement.
SECTION 15. DISADVANTAGED BUSINESS ENTERPRISES
A. Policy
The City agrees 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
Project No. BR- 6457(1)
16 Street Bridge
Bridge Replacement
-6-
disadvantaged business requirements of 49 CFR Part 26 are hereby made a part of and
incorporated by this reference into this agreement.
B. Disadvantaged Business Enterprises Obligation
The City and State 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 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.
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.
SECTION 16. NONDISCRIMINATION CLAUSES
During the performance of this agreement, the City, for itself, its assignees and successors in
interest agrees as follows:
(1) Comoliance with Regulations: The City 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.
(2) Nondiscrimination: The City, 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 City shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of
the Regulations, including employment practices when the contract covers a program set
forth in Appendix "A," "B," and "C" of Part 21 of the Regulations.
(3) Solicitations for Subcontracts. Including Procurements of Materials and Eouioment: In all
solicitations either by competitive bidding or negotiation made by the City for work to be
Project No. BR- 6457(1)
16 Street Bridge
Bridge Replacement
-7-
performed under a subcontract, including procurements of materials or equipment, each
potential subcontractor or supplier shall be notified by the City of the City's obligations
under this agreement and the Regulations relative to nondiscrimination on the basis of
disability, race, color, sex, religion or national origin.
(4) Information and Reports: The City 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 the 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, the City shall so certify to the State, or the FHWA as appropriate, and shall
set forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the City's noncompliance with the
nondiscrimination provisions of this agreement, the 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 the City under this agreement until the City complies,
and /or
(b) cancellation, termination or suspension of this agreement, in whole or in part.
(6) Incorporation of Provisions: The City shall 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 City shall take such action with respect to any subcontract or procurement
as the State or the 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, the City may request the State to enter into such litigation to protect the
interests of the State, and in addition, the City may request the United States to enter into
such litigation to protect the interests of the United States.
SECTION 17. Changes to the city streets which affect the function or operation of the
improvement made either during construction or after the project is completed, will require prior
approval of the State. Requests for changes during project construction must be made to the
State Representative through the State's District Engineer.
Upon project completion and final review, the City shall send one set of "As- Built" plans to
the Urban Engineer.
Project No. BR- 6457(1)
16 Street Bridge
Bridge Replacement
-8-
SECTION 18. Upon project completion, the City shall maintain the project at its own expense,
and agrees to make provisions each year for the maintenance costs involved in properly
maintaining this facility.
SECTION 19. Any utility rehabilitations or installations made within the Right- of -Way on this
project after execution of this agreement must be in accordance with the provisions of
Federal -Aid Highway 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, or a State
approved Utility Accommodation Policy. In order to receive Federal -Aid Funds for this
improvement, the City agrees to follow the current "Policy for Accommodating Utilities on State
Highway Right -of- Way." Anv work within the State Riaht- of -Wav reauires a permit. The City
shall contact the District Engineer or Permits Officer to determine if a permit or permits is
needed for the project and to make application for those permits if necessary.
All nonbetterment municipally owned and operated utility rehabilitation costs within the
corporate limits of the city will become a project cost, but that outside the corporate limits, only
the nonbetterment portion of the rehabilitation costs of facilities currently occupying private
Right -of -Way will be reimbursed. Further, there will be no Federal reimbursement for private or
nonmunicipaily owned and operated utilities if they are located on public Right- of -Way,
however, nonbetterment costs of privately owned and operated utilities will be reimbursed if
they exist on privately owned Right -of -Way and it is necessary to rehabilitate the utilities due to
this project. All such reimbursements will be based on items and estimates submitted by the
utility and approved by the City and State. Should this proiect necessitate the nonbetterment
rehabilitation of anv privately owned and operated utilities. then the Citv shall send the State an
estimate of those nonbetterment utility rehabilitation costs orior to the work being done. The
City shall pay for utility nonbetterment rehabilitation and then bill the State for those eligible
reimbursement costs. All reimbursements will be based on the actual costs of material,
services and labor. This will be subject to audit, if the State deems that one is necessary.
SECTION 20. If Federal participation is requested in Right -of -Way appraisal or acquisition, the
State on behalf of the City, will review appraisals and negotiations for any additional
Right -of -Way. The City will be responsible for any eminent domain proceedings required for
acquisition of the necessary property. The appropriate procedures as outlined in the current
Nebraska Right -of -Way Manual approved by the FHWA must be followed. Regardless of
whether or not Federal Funds are requested for the Right -of -Way, the City agrees to contact
the State prior to beginning any Right -of -Way activity in order that the State may advise the City
Project No. BR- 6457(1)
16 Street Bridge
Bridge Replacement
-9-
of the required Right -of -Way functions and procedures. It is understood that any Right -of -Way
services furnished by the State will be part of the cost of the project and the State's expenses
will be included as costs of the project as specified in this agreement.
SECTION 21. The City agrees, at no cost to the project, to clear the present Right -of -Way of
this project of all advertising signs. The City also agrees, at no cost to the project, 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.
SECTION 22. The City agrees, and shall certify after accomplishment, that any Right -of -Way
for this improvement not donated in compliance with FHWA guidelines will be acquired in
accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 as amended, 49 CFR 24, and the State's Right -of -Way Manual as approved by FHWA.
SECTION 23. In the event that Relocation Assistance (financial aid to those persons relocated
due to the road improvement) as defined in Public Law 91 -646 (42 U.S.C. 4601) as amended,
49 CFR 24, and Neb.Rev.Stat. §76 -1214 through 76 -1238 (Reissue 1996), is required for this
improvement, the City shall enter into an appropriate agreement with the State in order that the
State may perform the necessary and required relocation assistance functions. All relocation
assistance services furnished by the State in this connection will be part of the cost of the
project and the State's expenses will be deducted from the Federal monies received prior to
reimbursement to the City.
SECTION 24. Traffic control during project construction must with the Manual on
Uniform Traffic Control Devices. Before final acceptance of the project by the State, all signing
and marking must be in conformance with the current Manual on Uniform Traffic Control
Devices.
Project No. BR- 6457(1)
16 Street Bridge
Bridge Replacement
- 10 -
IN WITNESS WHEREOF, the City and State hereto have caused these presents to be
executed by their proper officials thereunto duly authorized as of the dates below indicated.
EXECUTED by the City this Zy day of Fah ru , 2004.
WITNESS:
Brenda Taylor
City Clerk
RECOMMENDED:
Tim Weander, P.E.
AGR4 -DK
v,
fl
District 2 Eng n er
Project No. BR- 6457(1)
16 Street Bridge
Bridge Replacement
CITY OF BLAIR
James Realph
Mayo
EXECUTED by the State this // day of /"/c'f - � ` -
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Eldon D. Poppe, P.E.
6. e/7
Road=gn Engineer
_60416
, 2004.
a
o
Front St
c Grant St
o
N Colfax St
C
kk
Pleasant , ',1 Valley Blvd
kk
BR-6457(1)
C.N. 22135
BLAIR
WASHINGTON COUNTY
NEBRASKA
South St
Rd 6454
E
1
LlncolniSt
o�L'`s a- 1 i2 Hollostone St
G 14 1
G 6) '(n Butler St
Q" Lafayette St
6 /G� Oak St Prospect _St
I -p p---
Wilbur St
Q Rd 6452 Q I
in
� K rt 'iL . } ^ 3'....
Butler St
PROJECT
LOCATION
Washington St
Rd 6456
EXHIBIT "A"
RESOLUTION NO. 2004 - 14
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the State of Nebraska Department of Roads has submitted a proposed
Agreement for replacement of a bridge located on 16 Street in Blair, Nebraska over South Creek.
WHEREAS, the Agreement between the City of Blair, Nebraska and the State of
Nebraska Department of Roads for the replacement of the bridge on 16 Street in Blair, Nebraska
designated Project No. BR- 6457(1),CN22135 are acceptable to the Mayor and City Council.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the Agreement between the City of Blair, Nebraska
and the State of Nebraska Department of Roads which has been presented to the City Council, is
hereby accepted and adopted by the City of Blair, Nebraska. Said Agreement is attached hereto as
Exhibit A and is fully incorporated herein by reference.
BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair,
Nebraska are hereby authorized and directed to execute said Agreement on behalf of the
municipality.
COUNCIL MEMBER BIFFAR MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHOTWELL.
UPON ROLL CALL, COUNCILMEMBERS BIFFAR, WOLFF, MCMANIGAL, FANOELE,
SHOTWELL, SCHEVE, AND STEWART VOTING "AYE" AND COUNCIL MEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
APPROVED THIS 24 DAY OF FEBRUARY, 2004.
—1—
CITY OF BLAIR, NEBRASKA
ATTEST:
BRENDA R. TAYLOR,
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
CLERK
BRENDA R. TAYLOR, 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 24th day of February, 2004.
BRENDA R. TAYLOR,
RESOLUTION NO. 2004 -15
COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council have been presented with an Agreement between
the City of Blair, Nebraska and KMA Engineering, Inc. for the purpose of designing the 16 and 17
Street Bridge replacements over South Creek.
WHEREAS, said Agreement is acceptable to the City of Blair.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA that the Agreement attached hereto, marked Exhibit "A' and
by this reference made a part hereof as though fully set forth herein, is hereby approved by the City
of Blair, Nebraska.
BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY
OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver said Agreement on behalf of
the City of Blair, Nebraska.
COUNCIL MEMBER BIFFAR MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON
ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE,
MCMANIGAL, BIFFAR AND WOLFF VOTING "AYE" AND COUNCIL MEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
APPROVED THIS 24 DAY OF FEBRUARY, 2004.
ATTEST:
BRENDA R. TAYLOR,
(SEAL)
TY CLERK
—1—
CITY OF BLAIR, NEBRASKA
JA ' . REALPH, MAYOR
, A
) :ss:
WASHINGTON COUNTY )
STATE OF NEBRASKA
BRENDA R. TAYLOR 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 24th day of
February, 2004.
t i ) 74 /11, (4'-c
BRENDA R. TAYLOR,� CLERK
lo
RESOLUTION NO. 2004- 16
COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA, AS FOLLOWS:
SECTION 1. The Mayor and City Council hereby find and determine: That
improvements made in Paving District No. 181, Water Extension District No. 41, and Sanitary
Sewer Extension No. 60 have been completed and none of the property described in the proposed
assessment schedules was damaged thereby; that schedules of proposed assessments for said
improvements, as changed as heretofore provided, are correct statements of special benefits
arising by reason of said improvements; that the lots and parcels of ground in said Paving
District No. 181, Water Extension District No. 41, and Sanitary Sewer Extension No. 60 have
been specially benefited by said improvements in the amounts as shown on said schedules as
changed, and the amounts shown on said schedules as changed do not exceed the special benefits
to said lots and parcels of ground by reason of the improvements in said Paving District No. 181,
Water Extension District No. 41, and Sanitary Sewer Extension No. 60.
SECTION 2. There shall be and there are hereby levied against each of the lots and
parcels of ground set out in the attached schedules the amounts set out opposite said lots and
parcels of ground in said schedules, which schedules will be corrected to reflect any changes
heretofore made by the Board of Equalization. Said assessments shall become due 50 days after
the date of passage of this Resolution levying special assessments, any may be paid within said
time without interest, but any installment not paid by said dates shall draw interest at the rate of
6.5% per annum from and after the date of passage of this Resolution, and from and after date of
delinquency at the rate provided by law.
Said installments for Paving District No. 181, Water Extension District No. 41, and
Sanitary Sewer Extension No. 60 shall become delinquent in ten (10) equal installments, as
follows:
A.TTIST:
BRENDA R. TAYLO' ITY aLERK
(SEAL)
1 /10th- April 29, 2004
1 /10th- one year from date hereof
1 /10th- two years from date hereof
1 /10th- three years from date hereof
1 /10th- four years from date hereof
1 /10th- five years from date hereof
1 /10th- six years from date hereof
1 /10th- seven years from date hereof
1 /10th- eight years from date hereof
1 /10th- nine years from date hereof
1 /10th- ten years from date hereof
SECTION 3. All said assessments shall be a lien on the property on which levied from
the date hereof and shall be certified by the City clerk to the Treasurer of the City for collection.
SECTION 4. The Schedules of proposed assessments with any changes therein as
heretofore directed by the Board shall be attached to and made part of the Minutes of this
meeting and are hereby made a part of the Resolution as if fully stated herein.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL,
FANOELE, ABBOTT, WOLFF, MCMANIGAL AND BIFFAR VOTING "AYE" AND
COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AND APPROVED THIS 9TH DAY OF MARCH,
2004.
CITY OF BLAIR, NEBRASKA
BY .�
JA REALPH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR, 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 9th day of March, 2004.
BRENDA R. TAYLp , CITY CLERK
Paving District #181
Lot 1
Lot 2
Lot 3
Water District #41
Lot 1
Lot 2
Lot 3
Sewer District #60
Lott
Lot 2
Lot 3
Assessment Schedule
Boulder Ridge Subdivision
$23,608.50
$23,608.50
$23,608.49
$ 2,879.50
$ 2,879.50
$ 2,879.50
$ 7,920.17
$ 7,920.17
$ 7,920.16
Grant Total $ 103,224.49
RESOLUTION NO. 2004 - 17
COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, a Turf Mowing Agreement between the City of Blair, Nebraska, and Blade
Masters Lawn & Snow has been prepared and presented to the City Council providing for the terms
of said Turf Mowing for the City of Blair to Blade Masters Lawn & Snow, a copy of which
Agreement is attached hereto, marked Exhibit "A" and by this reference made a part hereof, and
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
NOW, THEREFORE, BE IT RESOLVED that said Turf Mowing Agreement referred to
hereinabove is hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are
hereby authorized and directed to execute same on behalf of the municipality.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHOTWELL. UPON
ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE,
ABBOTT, MCMCANIGAL, WOLFF AND BIFFAR VOTING "AYE ", AND COUNCIL
MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND ADOPTED THIS 23RD DAY OF MARCH, 2004.
ATTEST:
/ .; 1
BNDA R. TAYLOR,.0 Y CLERK
(SEAL)
CITY OF BLAIR, NEBRASKA
BY �..,
JA E. REALPH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 23rd day of
March, 2004.
BRENDA R. TAYLOR,
INDEPENDENT CONTRACTOR AGREEMENT
This Agreement made this 23 day of March 2004, between the City of Blair,
Nebraska; Hereinafter referred to as the "City" and Blade Masters Lawn & Snow,
hereinafter referred to as the "Contractor ".
Whereas, City requested bids for the turf mowing of city parks, city cemetery and
other areas and that Contractor was the lowest and best bidder for such project.
For valuable consideration and the mutual promises and covenants herein, the
parties hereto agree as follows:
1) Independent Contractor: City hereby retains the services of
Contractor to act as an independent contractor for the purpose of
turf mowing of the city parks, city cemetery and other areas
designated hereinbelow. Contractor hereby agrees and understands
that it is an independent contractor and is not an agent or employee
of the City.
2) Term of Agreement: Subject to the terms and conditions set forth
for termination hereof, this Agreement shall commence on April 1,
2004 and shall terminate on March 31, 2007; provided however,
this Agreement may be terminated under the following conditions:
a) Either party may terminate this Agreement by giving
written notice of termination on or before December 31
of each calendar year during the term of this
Agreement. In the event either party delivers such
written termination, this Agreement shall immediately
terminate; or
b) In the event that the City, in its sole and absolute
discretion, deems that the Contractor is in default of the
terms of this Agreement, City shall serve Contractor
with written notice stating the nature of the default and
providing a reasonable period of time for satisfactory
correction thereof, said reasonable period of time to not
bee less than thirty (30) days. In the event that
Contractor has not satisfactorily corrected the default to
the satisfaction of City, in City's sole and absolute
1
discretion, within in said thirty (30) day period, then
City shall so notify Contractor of its default and this
Agreement shall terminate upon delivery of such notice
of default; provided further, that in the event City
terminates the Agreement pursuant to this provision,
City shall have the right to contract with a third party to
have the services performed and if the cost thereof is in
excess of the amount set forth in Paragraph 5, then
Contractor shall be liable for and pay to City, the
amount in excess of the cost for mowing set forth in
said Paragraph 5.
Services: Contractor agrees to mow all turf areas designated on Exhibit "A" attached
hereto, and incorporated by this reference herein on the following schedule:
a) All turf areas are to be mowed once every seven (7)
days during the months of April through June and every
nine (9) days during the months of July through
October, which equals a total of twenty -four (24)
mowings per year. City reserves the right to request
Contractor to mow additional times upon reasonable
notice. Contractor will be compensated for additional
mowings as set forth in Paragraph 5 hereinbelow;
b) Mowing of all turf areas described on Exhibit "A" are
to be completed within two (2) consecutive days after
mowing has commenced;
c) All turf areas shall be mowed to a height as directed by
the City and included trimming around all obstacles or
protrusions and removing all grass clippings off of
paved surfaces.
d) Contractor shall furnish all necessary vehicles,
equipment, tools and labor to perform the services
described hereinabove, in a timely and workmanlike
manner.
4) Insurance Requirements: Contractor shall be required to maintain the
following insurance:
a) Workman's Compensation Act — Contractor shall
maintain liability insurance that will protect Contractor,
or its sub - contractors, from claims under the Nebraska
Workman's Compensation Act;
2
b) Commercial General Liability Insurance — Contractor
shall maintain a commercial general liability insurance
policy in an amount of at least Five Hundred Thousand
Dollars ($500,000) with a deductible of not more than
Two Hundred Fifty Dollars per occurrence covering
bodily injury, including death and property damage
which may arise from or during operations under this
agreement.
Contractor shall provide City with a certificate of insurance evidencing the
existence of the policies of insurance and further provide that City shall be
given at least thirty (30) days notice prior to cancellation of any of such
policies of insurance.
5) Compensation:
a) City agrees to pay Contractor the sum of two Thousand two
Hundred ($2200.00) plus one hundred ($100.00) for the Catholic
Cemetery and one hundred twenty five ($125) for each additional
mowing of Vet Field per mowing for all sites listed on Exhibit
"A" attached hereto. Contractor shall deliver a claim to City on
monthly basis. City agrees to remit payment to Contractor within
thirty (30) days after verification of satisfactory performance of the
services.
6) Employees: Contractor shall not employ any person whose
employment on or in connection with this contract may be
objectionable to City and Contractor agrees to reassign any such
person when objected to by City.
7) Government Regulations /Laws: The Contractor shall comply with all
federal and state laws, codes and regulations and all codes and
regulations of the City of Blair, Nebraska and to pay all fees, taxes and
expenses connected with compliance thereof and also to pay all taxes
imposed by any federal or state law or any employment insurance or
other such expense associated with its employees.
Contractor further agrees to comply with the Occupational Safety and
Health Act of 1970, as amended, and any and all regulations issued
pursuant. As a term and condition of this agreement, the Contractor
shall keep and save the City harmless from any claims or charges of
any kind by reason of the Contractor failing to comply with the
Occupational Safety and Health Act of 1970, as amended, and the
regulations thereto and agrees to reimburse City for any fines,
8) General Indemnification: Contractor agrees to indemnify and hold
harmless from any and all claims, causes of action, losses or other
liability arising, directly or indirectly, from the services contemplated
under this Agreement.
9) Assignment: This Agreement shall not be assigned by either party.
10) Time is of the Essence: Time is the essence of this Agreement.
11) Binding Effect: This Agreement shall be binding upon and insure to
the benefit of the parties hereto, their successors or assigns.
CITY OF BLAIR, NEBRASKA BLADE MASTERS LAWN & SNOW
By e'.
JAME ' :.•� • v - • PRESIDENT
damages or expenses of any kind incurred by City by reason of the
Contractor's failure to so comply.
ATTEST: ATTEST:
•44V(I -C . T C (. 4 - �:�
BRENDA R. TAYLOR, CI, JCLERK
4
RESOLUTION NO. 2004 - 18
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council have been presented with an Agreement between
the City of Blair, Nebraska and KMA Engineering, Inc. for the purpose of designing the 16 and 17
Street Bridge replacements over South Creek.
WHEREAS, said Agreement is acceptable to the City of Blair.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA that the Agreement attached hereto, marked Exhibit "A' and
by this reference made a part hereof as though fully set forth herein, is hereby approved by the City
of Blair, Nebraska.
BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY
OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver said Agreement on behalf of
the City of Blair, Nebraska.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, ABBOTT, WOLFF,
FANOELE, MCMANIGAL, SHOTWELL AND BIFFAR VOTING "AYE" AND COUNCIL
MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND APPROVED THIS 13 DAY OF APRIL, 2004.
—1—
CITY OF BLAIR, NEBRASKA
E. REALPH, MAYOR
ATTEST:
BRENDA R. TAYLOR TY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 thel 3th day of
April, 2004.
or
B ' ENDA R. TAYLO
CLERK
C I
Kirkham Michael & Associates, Inc.
CITY OF BLAIR
PROJECT NO. BRO- 6457(1)
CONTROL NO. 22135
Replacement Existing 16 Street Bridge
with Box Culvert
ENGINEERING AGREEMENT
THIS AGREEMENT, entered into by and between the City of Blair, hereinafter referred to
as the "City ", and Kirkham Michael & Associates, Inc., hereinafter referred to as the
"Consultant ".
WITNESSETH
WHEREAS, the City desires to engage the Consultant to render professional services for
the above named project at the location shown on EXHIBIT "A ", which is attached and hereby
made a part of this agreement, and
WHEREAS, the Consultant is certified by the Nebraska Secretary of State as a
Corporation eligible to operate in the State of Nebraska, and
WHEREAS, the Consultant is willing to perform such work in accordance with the terms
hereinafter provided, and does represent that it is in compliance with the Nebraska statutes
relating to the registration of professional engineers, and hereby agrees to comply with all
federal, state, and local laws and ordinances applicable to the work.
NOW THEREFORE, in consideration of these facts, the parties agree as follows:
I. DEFINITIONS
Wherever in this agreement the following terms are used, they will mean:
"CITY" means the City of Blair, the Mayor or an authorized representative.
"CONSULTANT" means Kirkham Michael & Associates, Inc., whose business and mailing
address is 12700 West Dodge Road, P.O. Box 542030, Omaha, Nebraska 68154 -8030.
"STATE" means the Nebraska Department of Roads in Lincoln, Nebraska, the
Director of the department, or an authorized representative.
"FHWA" means the Federal Highway Administration, Department of Transportation,
Washington, D.C. 20590, acting through its authorized representatives.
"DOT" means the United States Department of Transportation, Washington, D.C. 20590,
acting through its authorized representatives.
To "ABANDON" the work means the City has determined that conditions or intentions as
originally existed have changed and the work as contemplated herein is to be renounced and
deserted for as long in the future as can be foreseen.
To "SUSPEND" the work means the City has determined the progress is not sufficient, or
the conditions or intentions as originally existed have changed, or the work completed or
submitted is unsatisfactory, and the work as contemplated herein should be stopped on a
temporary basis. This cessation will prevail until the City determines to abandon or terminate
the work or to reinstate it under the conditions as defined in this agreement.
To "TERMINATE" or the "TERMINATION" of this agreement is the cessation or quitting of
this agreement based upon action or failure of action on the part of the Consultant as defined
herein and as determined by the City.
II. GENERAL DESCRIPTION OF SCOPE AND CONTROL OF THE WORK
The Consultant shall perform topographic surveys, hydraulic analysis, preliminary and
final design, prepare plans, specifications, contract documents, assist in bidding and contract
letting, and prepare a statement of project costs for project generally described as the
replacement of the existing bridge with a box culvert on 16 Street, within the City of Blair, in
Washington County, Nebraska.
Upon receiving a notice to proceed, the Consultant shall perform all work required under
this agreement as outlined in EXHIBIT "B ", schedule of services, and EXHIBIT "C ", Consultant's
proposal, which are attached and made a part of this agreement.
The Consultant has furnished a personnel chart or list in EXHIBIT "C ". Any major
deviation from or revision in the classifications or personnel shown in the chart or list must
receive the prior approval of the City. All personnel replacements must be made with persons
of equal ability or experience and failure to provide capable replacements to keep the work on
schedule will be cause for termination of this agreement, with settlement to be made as
provided in Section VII of this agreement.
III. STANDARD PRACTICES AND REOUIRFMFNTS
It is mutually agreed that the City, State and FHWA have continuing rights of work
progress inspections. Any additions, deletions, changes, elaborations, or modifications of the
services performed under the terms of this agreement, which may from time to time be
determined by the City as desirable or preferable, will be controlling and governing.
IV. TIME OF BEGINNING AND COMPLETION
The City will issue the Consultant a written Notice -to- Proceed upon State approval of this
agreement. Any work or services performed on the project prior to the Notice -to- Proceed date
is not eligible for reimbursement.
The Consultant shall do all the work according to the schedule in attached EXHIBIT "8"
and shall complete all work required under this agreement in a satisfactory manner. The work
under this agreement will be considered done upon award of the construction contract.
Project No. BRO- 6457(1)
Control No. 22135
Replace Existing 16 Street Bridge
with Box Culvert
-2-
The completion time will not be extended because of any avoidable delay attributed to the
Consultant, but delays attributable to the City may constitute a basis for an extension of time.
City authorized changes in the scope of work, which increase or decrease workhours or
services required of the Consultant, will provide the basis for a change of time and /or changes
to the Consultant's fee.
V. FEES AND PAYMENTS
A. For performance of the work as outlined in this agreement, the Consultant will be
paid a lump sum fee of Fourteen Thousand Seven Hundred Sixty -Three Dollars
($14,763.00), which includes all labor and project related expenses.
B. The City is not responsible for costs incurred prior to the Notice -to - Proceed date or
after the completion deadline date stated in Section IV of this agreement.
C. The Consultant should submit invoices to the City at monthly intervals. The
invoices must present actual direct labor, actual overhead, and actual direct non -
labor costs, as well as a prorated amount of the fixed -fee based upon the actual
direct labor and overhead costs billed for that period relative to the Consultant's
estimated total direct labor and indirect overhead costs, until 100 percent of the
fixed -fee has been billed. The fixed -fee amount on the final invoice should be the
difference between 100 percent of the agreed -upon fee and the total amount
previously billed. The invoices must identify the hours worked and each individual's
actual labor cost. Direct non -labor expenses must be itemized and provide a
complete description of each item billed.
Monthly invoices must be substantiated by progress reports which indicate
the percent of work completed. If the Consultant does not submit a monthly
invoice, it shall submit its progress report by the fifth day of each month.
D. The City will make every effort to pay the Consultant within 30 days of receipt of the
Consultant's invoices. Payment is dependent upon whether the monthly progress
reports provide adequate substantiation for the work and whether the City
determines that the work is satisfactory. Upon determination that the work was
adequately substantiated and satisfactory, payment will be made in the amount of
100 percent of the billed actual costs and fixed -fee. After the Consultant has
completed all work required under this agreement, a final bill must be sent to the
City. Upon acceptance by the City and State, a final audit of all invoiced amounts
will be completed by the City or its authorized representative, if deemed necessary.
Project No. BRO- 6457(1)
Control No. 22135
Replace Existing 16' Street Bridge
with Box Culvert
-3-
The acceptance by the Consultant of the final payment will constitute and
operate as a release to the City for all claims and liability to the Consultant, its
representatives, and assigns, for any and all things done, furnished, or relating to
the services rendered by or in connection with this agreement or any part thereof.
The Consultant agrees to reimburse the City for any overpayments discovered by
the City or its authorized representative.
E. The Consultant shall maintain, and also require that its
Subconsultants /Subcontractors maintain, all books, documents, papers, accounting
records, and other evidence pertaining to costs incurred and shall make such
material available for examination at its office at all reasonable times during the
agreement period and for three years from the date of final payment under this
agreement. Such materials must be available for inspection by the City, State,
FHWA, or any authorized representative of the federal government, and when
requested the Consultant shall furnish copies.
VI. PROFESSIONAL PFRFORMANCF
The Consultant understands that the City rely on the professional performance and
ability of the Consultant to satisfactorily accomplish the work under this agreement. Any
examination by the City, State or the FHWA, or any acceptance or use of the work product of
the Consultant, will not be considered to be a full and comprehensive examination and will not
be considered an approval of the work product of the Consultant which would relieve the
Consultant from any liability or expense that would be connected with the Consultant's sole
responsibility for the propriety and integrity of the professional work to be accomplished by the
Consultant pursuant to this agreement. That further, acceptance or approval of any of the work
of the Consultant by the City or of payment, partial or final, will not constitute a waiver of any
rights of the City to recover from the Consultant, damages that are caused by the Consultant
due to error, omission, or negligence of the Consultant in its work. That further, if due to error,
omission, or negligence of the Consultant, the plans, specifications, and estimates are found to
be in error or there are omissions therein revealed during the construction of the project and
revision or reworking of the plans is necessary, the Consultant shall make such revisions
without expense to the City. The Consultant shall respond to the City's notice of any errors or
omissions within 24 hours and give immediate attention to these corrections to minimize any
delays to the construction contractor. The Consultant shall make project site visits, if directed
by the City. If the Consultant discovers errors in its work, it shall notify the City of the errors
within seven days. Failure of the Consultant to notify the City will constitute a breach of this
Project No. BRO- 6457(1)
Control No. 22135
Replace Existing 16 Street Bridge
with Box Culvert
-4-
agreement. The Consultant's legal liability for all damages incurred by the City caused by error,
omission, or negligent acts of the Consultant will be borne by the Consultant without liability or
expense to the City.
VII. CHANGE OF PLAN. ABANDONMENT. SUSPENSION. AND TERMINATION
Additions to the schedule of services, if approved in writing, will require negotiation of a
supplemental agreement. For any work beyond the schedule of services, the Consultant shall
document the additional work, estimate the cost to complete the work, and receive written
approval from the City before the Consultant begins the work. Any such work performed by the
Consultant prior to written approval of the City will be done at the expense of the Consultant.
The City can abandon the project or to change the general scope of work at any time and
such action on its part will in no event be deemed a breach of agreement. The City can
suspend or terminate this agreement at any time. Such suspension or termination may be
effected by the City giving the Consultant seven days written notice.
If the City abandons or subtracts from the work, or suspends or terminates the agreement
as presently outlined, the Consultant will be compensated in accordance with the provisions of
48 CFR. 31, provided however, that in case of suspension, abandonment, or termination for
breach of this agreement or for tender of improper work, the City can suspend payments,
pending the Consultant's compliance with the provisions of this agreement. In determining the
percentage of work completed, the City will consider the work performed by the Consultant prior
to abandonment or termination to the total amount of work contemplated by this agreement.
The ownership of all project plans, documents, etc., completed or partially completed at the time
of such termination or abandonment will be retained by the City and the Consultant shall
immediately deliver all project plans, documents, etc., to the City.
VIII. OWNERSHIP OF DOCUMFNTS
All surveys, tracings, plans, specifications, maps, computations, sketches, charts, and
other data prepared or obtained under the terms of this agreement are the property of the City
and the Consultant shall deliver them to the City without restriction or limitation as to further use.
City acknowledges that such data may not be appropriate for use on an extension of the
work covered by this agreement or on other projects. Any use of the data for any purpose other
than that for which it was intended without the opportunity for Consultant to review the data and
modify it if necessary for the intended purpose will be at the City's sole risk and without legal
exposure or liability to Consultant.
Project No. BRO- 6457(1)
Control No. 22135
Replace Existing 16 Street Bridge
with Box Culvert
- 5 -
IX. FORBIDDING USE OF OUTSIDE AGENTS
The Consultant warrants that it has not employed or retained any company or person,
other than a bona fide employee working for the Consultant, to solicit or secure this agreement,
and that it has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon or resulting from the award or making of this agreement. For breach or
violation of this warranty, the City has the right to annul this agreement without liability or, in its
discretion, to deduct from the agreement price or consideration, or otherwise recover the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
X. NON - RAIDING CLAUSE
The Consultant shall not engage the services of any person or persons presently in the
employ of the City and State for work covered by this agreement without the prior written
consent of the employer of the persons.
XI. GENERAL COMPLIANCE WITH LAWS
The Consultant agrees to comply with all federal, state, and local laws and ordinances
applicable to the work.
XII. DISPUTES
Any dispute concerning a question of fact in connection with the work not disposed of by
this agreement will be referred for determination to the Director of the State or a duly authorized
representative, whose decision in the matter will be final and conclusive on the parties to this
agreement.
XIII. RESPONSIBILITY FOR CLAIMS AND LIABILITY
A. The Consultant agrees to save harmless the City from all claims and liability due to
the negligent activities of the Consultant or those of the Consultant's agents or
employees in the performance of work under this agreement. In this connection,
the Consultant shall for the life of this agreement, carry insurance of the following
types in at least the following amounts:
Project No. BRO- 6457(1)
Control No. 22135
Replace Existing 16 Street Bridge
with Box Culvert
-6-
(1) Bodily Injury and Property
Damage with a combined
single unit of liability of $500,000 each occurrence
or Bodily Injury
General and Automobile $250,000 each person
General and Automobile $500,000 each occurrence
Property Damage
General and Automobile $250,000 each occurrence
General $500,000 aggregate
(2) Workers' Compensation - Statutory
(3) a) Valuable Papers With the State named as the loss
b) Electronic Data payee. The insurance must be
Processing Coverage in the amount of the total fee
of this agreement.
The jnsurance referred to in (1) above must bewritten under comprehensive
general and comprehensive automobile liability policy forms, including coverage for
all owned, hired, and non -owned automobiles. The Consultant may, at its option,
provide the limits of liability, as set out above, by a combination of the above
described policy forms and excess liability policies. The Consultant shall furnish
proof of insurance coverage to the City.
XIV. PROFESSIONAL REGISTRATION
The Consultant shall affix the seal of a registered professional engineer or architect
licensed to practice in the State of Nebraska, on all plans, documents, and specifications
prepared under this agreement.
XV. SUCCESSORS AND ASSIGNS
This agreement is binding on successors and assigns of either party.
XVI. DRUG -FREE WORKPI_ACF P01 ICY
The Consultant shall have an acceptable and current drug -free workplace policy on file
with the State.
XVII. FAIR EMPLOYMENT PRACTICES ACT
The Consultant agrees to abide by the Nebraska Fair Employment Practices Act, as
provided by Sections 48 -1101 through 48 -1126, Nebraska Revised Statutes (Reissue 1998),
which is hereby made a part of and included in this agreement by reference.
Project No. BRO- 6457(1)
Control No. 22135
Replace Existing 16 Street Bridge
with Box Culvert
-7-
XVIII. DISABILITIES ACT
The Consultant 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.
XIX. DISADVANTAGED BUSINESS ENTERPRISES
The Consultant shall ensure that disadvantaged business enterprises, as defined in
49 CFR 26, have the maximum opportunity to compete for and participate in the performance of
subagreements financed in whole or in part with federal funds under this agreement.
Consequently, the disadvantaged business requirements of 49 CFR 26 are hereby made a part
of and included in this agreement by reference.
The Consultant shall not discriminate on the basis of race, color, sex, or national origin in
the award and performance of FHWA- assisted contracts. Failure of the Consultant to carry out
the requirements set forth above will constitute a breach of this agreement and, after the
notification of the FHWA, may result in termination of this agreement by the City or such remedy
as the City deems appropriate. The SUBLETTING, ASSIGNMENT OR TRANSFER Section of
this agreement further explains the Consultant's responsibility in ensuring that disadvantaged
business enterprises have the maximum opportunity to compete for subagreements.
XX. NONDISCRIMINATION
A. Compliance with Regulations: During the performance of this agreement, the
Consultant, for itself and its assignees and successors in interest, agrees to comply
with the regulations of the DOT relative to nondiscrimination in federally- assisted
programs of the DOT (49 CFR 21 and 27, hereinafter referred to as the
Regulations), which are hereby made a part of and included in this agreement by
reference.
B. Nondiscrimination: The Consultant, with regard to the work performed by it after
award and prior to completion of this agreement, shall not discriminate on the basis
of race, color, sex, or national origin in the selection and retention of
subconsultants, including procurements of materials and leases of equipment. The
Consultant shall not participate either directly or indirectly in the discrimination
prohibited by 49 CFR 21.5, including employment practices when the agreement
covers a program set forth in Appendixes A, B, and C of 49 CFR 21.
C. Solicitations for Subaareements. Including Procurements of Materials
and Equipment: In all solicitations either by competitive bidding or negotiation
made by the Consultant for work to be performed under a subagreement, including
Project No. BRO- 6457(1)
Control No. 22135
Replace Existing 16 Street Bridge
with Box Culvert
-8-
a r .
procurements of materials or equipment, each potential Subconsultant or supplier
shall be notified by the Consultant of the Consultant's obligations under this
agreement and the Regulations relative to nondiscrimination on the basis of race,
color, sex, or national origin.
D. Information and Reports: The Consultant shall provide all information and reports
required by the Regulations, or orders and instructions issued pursuant thereto, and
shall permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the City, State or FHWA to be pertinent to
ascertain compliance with such Regulations, orders, and instructions. Where any
information required of a Consultant is in the exclusive possession of another who
fails or refuses to furnish this information, the Consultant shall certify to the City,
State or FHWA, as appropriate, and set forth what efforts it has made to obtain the
information.
E. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with
the nondiscrimination provisions of this agreement, the City will impose such
'agreement sanctions as it or the State and FHWA may determine to be appropriate;
including but not limited to withholding of payments to the Consultant under this
agreement until the Consultant complies, and /or cancellation, termination, or
suspension of this agreement, in whole or in part.
F. Incorporation of Provisions: The Consultant shall include the provisions of
paragraphs A through E of this section in every subagreement, including
procurements of materials and leases of equipment, unless exempt by the
Regulations, orders, or instructions issued pursuant thereto. The Consultant shall
take such action with respect to any subagreement or procurement as the City,
State or FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance, provided however, that in the event a Consultant
becomes involved in or is threatened with litigation with a Subconsultant/
Subcontractor as a result of such direction, the Consultant may request that the City
enter into such litigation to protect the interests of the City and, in addition, the
Consultant may request that the State and United States enter into such litigation to
protect the interests of the State and United States.
Project No. BRO- 6457(1)
Control No. 22135
Replace Existing 16 Street Bridge
with Box Culvert
-9-
XXI. SUBLETTING. ASSIGNMENT. OR TRANSFER
The Subconsultant /Subcontractor will Thiele Geotech, Inc.
Any other subletting, assignment, or transfer of any services to be performed by the
Consultant is hereby prohibited unless prior written consent of the City is obtained.
The Consultant shall enter into an agreement with its Subconsultants /Subcontractors for
work covered under this agreement. All Subconsultant/Subcontractor agreements for work
covered under this agreement, in excess of $10,000, must contain similar provisions to those in
this agreement. No right -of- action against the City will accrue to any
Subconsultant/Subcontractor by reason of this agreement.
As outlined in the DISADVANTAGED BUSINESS ENTERPRISES Section of this
agreement, the Consultant shall take all necessary and reasonable steps to ensure that
disadvantaged business enterprises have the maximum opportunity to compete for and perform
subagreements. Any written request to sublet any other work must include documentation of
efforts to employ a disadvantaged business enterprise.
XXII. CONFLICT OF INTEREST
By signing this agreement, the Consultant certifies that it has financial or other
interests in the outcome of this project.
XXIII. CONSULTANT CERTIFICATION
The Consultant hereby certifies that wage rates and other factual unit costs supporting the
fees in this agreement are accurate, complete, current, and subject to adjustment, if required, as
provided by Sections 81 -1701 through 81 -1721, Nebraska Revised Statutes (Reissue 1994).
After being duly sworn on oath, I do hereby certify that except as noted below, neither I
nor any person associated with the firm in the capacity of owner, partner, director, officer,
principal investor, project director, manager, auditor, or any position involving the administration
of federal funds:
a) has employed or retained for a commission, percentage, brokerage, contingent fee,
or other consideration, any firm or person (other than a bona fide employee working solely
for me or the above consultant) to solicit or secure this agreement, or
b) has agreed, as an express or implied condition for obtaining this agreement, to
employ or retain the services of any firm or person in connection with carrying out this
agreement, or
Project No. BRO- 6457(1)
Control No. 22135
Replace Existing 16`" Street Bridge
with Box Culvert
- 10 -
c) has paid, or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me or the above consultant) any fee, contribution,
donation, or consideration of any kind for, or in connection with procuring or carrying out
this agreement, except as here expressly stated (if any).
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
Instructions for Certification
1 By signing this agreement, the Consultant is providing the certification set out below.
2. The inability of a person to provide the certification required below will not necessarily
result in denial of participation in this project. The Consultant shall submit an explanation of why
it cannot provide the certification set out below. The certification or explanation will be
considered in connections with the City's determination whether to enter into this agreement.
However, failure of the Consultant to furnish a certification or an explanation will disqualify the
Consultant from participation in this agreement.
3. The certification in this clause is a material representation of fact upon which reliance was
placed when the State determined to enter into this agreement. If it is later determined that the
Consultant knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal government, the City may terminate this agreement for cause or default.
4. The Consultant shall provide immediate written notice to the City if at any time the
Consultant learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of the rules implementing Executive Order 12549.
Project No. BRO- 6457(1)
Control No. 22135
Replace Existing 16 Street Bridge
with Box Culvert
6. The Consultant agrees that should the proposed covered transaction be entered into, it
will not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the City before entering into this agreement.
7. The Consultant further agrees to include the clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transaction," provided by the State without modification, in at lower tier covered transactions
and in all solicitations for lower tier covered transactions.
8. The Consultant in a covered transaction may rely upon a certification of a prospective
Subconsultant in a lower tier covered transaction that it is not debarred, suspended, ineligible,
or voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A Consultant may decide the method and frequency by which it determines the
eligibility of its principals.
9. Nothing contained in the foregoing will be construed to require establishment of a system
of records in order to render in good faith the certification required by this clause. The
knowledge and information of the Consultant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph six of these instructions, if the
Consultant in a covered transaction knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the federal government, the City may
terminate this agreement for cause or default.
Responsibility Matters - Primary Covered Transactions
A. The Consultant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any federal department or agency;
Project No. BRO- 6457(1)
Control No. 22135
Replace Existing 16"' Street Bridge
with Box Culvert
Certification Regarding Debarment, Suspension, and Other
- 12 -
(2) Have not within a three -year period preceding this agreement been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)
transaction or contract under a public transaction; violation of federal or state antitrust statutes
or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the offenses enumerated
in paragraph A.(2) of this certification; and
(4) Have not within a three -year period preceding this agreement had one or more public
transactions (federal, state, or local) terminated for cause or default.
B. Where the Consultant is unable to certify to any of the statements in this certification,
such Consultant shall attach an explanation to this agreement. I acknowledge that this
certification is to be furnished to the State and the FHWA in connection with this agreement
involving participation of federal -aid highway funds and is subject to applicable, state and
federal laws, both criminal and civil.
XXIV. CITY OF BLAIR CERTIFICATION
After being duly sworn on oath, I, James Realph, by signing this agreement do hereby
certify that the Consultant or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this agreement to:
(a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay or agree to pay
to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind.
I acknowledge that this certificate is to be furnished to the State and FHWA in connection
with this agreement involving participation of federal -aid highway funds and is subject to
applicable state and federal laws, both criminal and civil.
XXV. ALL ENCOMPASSED
This instrument embodies the whole agreement of the parties. There are no promises,
terms, conditions, or obligations other than contained herein, and this agreement supersedes all
previous communications, representations, or other agreements or contracts, either oral or
written hereto.
Project No. BRO- 6457(1)
Control No. 22135
Replace Existing 16 Street Bridge
with Box Culvert
- 13 -
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.
STATE OF 0_E Gt)
)ss.
COUNTY )
After being duly sworn on oath, I do hereby acknowledge the foregoing certification and
state that I am authorized to sign this agreement for the firm.
EXECUTED by the Consultant this ay of )'YpAja n , 2004.
KIRKHAM MICHAEL & ASSOCIATES, INC.
Rich L. Robinson, P.E.
6 PJ AA A..-1.---"
Vice President
Subscribed and sworn to before me this 024/11 day of 6Y 1 , 2004.
s EPERA NQTARY • St3te of Neb asks
\ CYNTHSAA M arch1, ST
My Comm. Exp. March 1, ZI106
EXECUTED by the City this
Project No. BRO- 6457(1)
Control No. 22135
Replace Existing 16 Street Bridge
with Box Culvert
- 14 -
Date
day of , )(, /
CITY OF BLAIR
James Realph
, 2004.
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Approved as to form
Eldon D. Poppe, P.E.
Roadway Design Engineer
P ' � � _L45�(►)
.eK -�ro1 00. 2Z135
EXHIBIT "B"
SCHEDULE OF SERVICES
FOR
CITY OF BLAIR
REPLACE EXISTING 16th STREET
BRIDGE WITH BOX CULVERT
A. PROJECT DESCRIPTION
This schedule provides for the Consultant to prepare design plans for the above project
that includes the replacement of the existing bridge with a box culvert located on I 6th
Street within the City of Blair. Work includes preliminary survey, hydraulic analysis,
permit application, preparing preliminary and final construction plans and specifications
for the box culvert design for the project. The work also includes preparing for and
attending public meetings (if necessary) and project bid letting.
UPON NOTICE TO PROCEED, THE CONSULTANT SHALL PROVIDE THE
SERVICES AS OUTLINED IN THIS SCHEDULE.
B. THE CITY WTI1:
1. Provide existing city utility location plans.
2. Provide facilities for information meetings and public hearing.
3. Receive bids at their designated facility.
4. Make necessary policy and budgetary decisions to enable timely completion of
the work.
5. Provide any right -of -way necessary for the project.
Q:1Msk\Blair Bridges \Blair- 16thStBridge- ExhibitB.doc
Page 1
C. APPLICABLE PUBLICATIONS
The consultant shall follow the criteria of the current applicable publications of the
American Association of State Highway and Transportation Officials and design criteria
furnished by the State of Nebraska. These publications, and others which the Consultant
shall use in this work, are:
*1. A Policy on Geometric Design of Highways and Streets (AASHTO);
*2. State of Nebraska Minimum Design Standards, Board of Public Roads
Classifications and Standards (State);
3. State of Nebraska, Department of Roads, Standard Specifications for Highway
Construction, 1997 English Edition and all supplements thereto;
4. Federal Aid Policy Guide, 23 CFR 650A;
5, Americans with Disabilities Act (ADA);
6. Nebraska Department of Roads Roadway Design Manual;
7. Nebraska Department of Roads Bridge Office Procedures and Policy Manual;
8. The AASHTO Standard Specifications for Bridges;
9. Federal Highway Administration Publication No. FHWA -1P -90 -017, Hydraulic
Engineering Circular No. 18 (Evaluating Scour at Bridges);
10. Federal Emergency Management Agency (FEMA) National Flood Insurance,
Flood Boundary and Floodway Map;
* If discrepancies occur between these publications, Consultant shall get a decision from
the State.
D. PROJECT PLANS FORMAT, CONVENTIONAL AND CADD
1. The Consultant shall prepare plan and profile plan sheets at a scale consistent
with State procedures.
2. Any materials submitted to the City or State by the Consultant must be on or
equivalent to white bond.
Any material, which does not produce an acceptable reproduction, will be
returned to the Consultant for rectification.
Q:\Msk\Blsir Bridges \Blair- 16thStBridge- ExhibitB.doc
Page 2
3. The Consultant shall prepare the plans in AutoCAD and follow the State's CADD
drafting procedures and guidelines in preparing the project plans.
1. Sheets must be set up according to the State's procedures.
2. Line weights, line styles, text size and Levels must follow the State's
guidelines.
4. The CADD files must also conform to the following standards and conventions:
1. Working units must be:
1. Master Units = feet
2. Sub Units = 100 feet
3. Position Units = 4
2. Global origin of the graphics design plane must be located at the lower left
corner.
E. FIELD SURVEY (HYDRAULIC. TOPOGRAPHIC. SOILS TESTING)
1. The Consultant shall perform complete preliminary survey work, tying of
necessary sections and quarter section land monuments to the project survey
baseline, and do the profiling, cross sectioning and topography. It is assumed that
section corners will be readily found within one -half mile of the bridge.
2. The beginning stationing of the project must be the first sheet of the Plan and
Profile sheets.
3. The Consultant shall tie the project baseline to the centerline of existing
pavement, intersecting public roads and drives, and tie the survey to land
monuments.
4. Data will be collected along the proposed stream alignment to depict the existing
channel for use in the calculation of the earthwork quantities and other channel
11i1ploveif1Gnts iur the project. The channel [alIgr1111entt Will toe determined hi the
office from the data collected.
a. One cross - section at least 400' downstream from the bridge opening and
perpendicular to the direction of flow.
Q:1MSK\BLAIR BRIDGES IBLAIR- 16THSTBRIDGE- EXHIBITB.DOC
Page 3
b. One cross - section near the downstream bridge opening. Elevations will
be obtained at frequent intervals and should accurately depict the natural
flood plain downstream from the toe of the roadway embankment.
c. One weir cross - section along the road. Elevations defining the weir will
be taken at the highest point on the roadway cross - section.
Ground/pavement elevations will be obtained at frequent intervals and
will accurately depict the cross - section of the broad - crested weir during
high flows.
d. One cross - section near the upstream bridge opening. Elevations will be
obtained at frequent intervals and will accurately depict the natural flood
plain upstream from the toe of the road embankment. The Consultant will
obtain information regarding low steel or concrete, as well as information
regarding the sire and location of all substructure elements, which would .
impede the flow of water through the bridge.
e. One cross - section at least 100' upstream from the bridge opening and
perpendicular to the direction of flow.
5. The Consultant shall establish and tie the centerline monuments to at least three
permanent topographic features by point -to -point measurement for use in later
relocating the monuments. In the event permanent topographic features are not
available within 100 feet, the Consultant shall use appropriately marked stakes.
6. The Consultant shall set control points or centerline monuments to be visible
directly from one control point to the next control point with necessary centerline
stations in between control points.
7. The Consultant shall run bench levels by direct leveling methods (no "side shots"
are permitted).
0
o. 111c 1.V11JULLQ111 611411 asJULc 111411116 1CYC1J L1UJC W1t11111 411 411VW4 lc G11 O1 01 0.J
feet times the square root of the length of the level loop in miles.
9. The Consultant shall record station and appropriate plus and by distance
measured to the centerline to the nearest 0.5 feet dimensions the topographic
features within 50 feet each side of centerline, both natural and man -made and
Q:IMSK'BLAIR B . IDG ES1BLAIR- 16THSTBRIDGE- EXHIBITB.DOC
Page 4
both above and below ground including all utilities. The Consultant shall record
other topographic features beyond 50 feet from centerline, which in the judgment
of the Consultant are necessary to properly show the effect of the proposed work
upon the adjoining property and/or improvements (assume none). The Consultant
shall record topographic features of any wetland areas, which in the judgment of
the Consultant could affect the project (assume none). The Consultant shall record
key topographic features of any wetland area including structures in or around
them.
10. The Consultant shall gather sufficient other survey data necessary to determine
contributing drainage areas including any existing storm sewer systems or
sanitary systems, etc.
11. The Consultant shall advance at least one soil boring in the channel area and
collect materials for testing. The tests shal] be used to recommend the foundation
depth and materials for the proposed box culvert.
F. HYDRAULIC ANALYSIS
1. The Consultant shall accomplish the hydraulic analysis on the basis of the "1998
Hydraulic Analysis Guidelines for Consultants ".
2. The Consultant will research the information currently available, and referenced
above, regarding the cross - sectional geometry of the flood plain, and the
hydrology of the stream crossing to determine the drainage area, peak rates of
discharge, "Manning's" coefficients, and other parameters applicable to the study.
3. The Consultant will develop hydraulic models of the stream crossing using the
information identified above and field survey data. Water surface profiles for
existing and proposed conditions will be calculated using HECRAS.
4. The Consultant will route the design floods through both the existing and
proposed structures to determine the backwater elevations caused by each.
5. The Consultant will, using the hydraulic model data, prepare and submit a bridge
design data sheet to the State Bridge Office for approval. The "Data Sheet" will
specify the type, size, and length of the proposed structure together with
Q:\MSK\BLAIR BRIDGES 'G LAIR- 16THSTBRIDGE- EXHIBITB.DOC
Page 5
t
overtopping frequencies and other information as might be required by the State
Bridge Office.
G. PERMITS
1. U.S. Army Corps of Engineers Nationwide Permit - The Consultant will prepare
the application to obtain the Nationwide Permit for the City to sign and submit to
the U.S. Army Corps of Engineers.
2. Water Resources Permit (Flood Plain Permit) - The Consultant will prepare the
application to obtain to construct the bridge in the flood plain for the City to sign
and submit to the appropriate City authority issuing such permits.
H. PRELIMINARY AND FINAL BOX CULVERT DESIGN
1. In general, the Consultant shall provide (preliminary and final) bridge
replacement design services for the box culvert (but rkot be limited to):
a. Horizontal alignment
b. Vertical alignment
c. Structures
d. Special designs (Final)
e. Limits of Construction with offsets from project centerline to be used
f. Bridge and Pavement removals
g. Channel realignment, if necessary
h. Quantities (including sodding, seeding and erosion control, etc.).
2. The Consultant shall use Board of Public Roads Classifications and Standards
Minimum Design Standards for Municipal Streets.
3. The Consultant shall reference all improvements to the project centerline.
4. The Consultant shall prepare preliminary plans for the Plan -in -Hand inspection
1 h.. t +1,.. 1.., half .. to ♦L.. City E... 1 , a . L ,. T)l «
and Shall JUU11UL UUCI: Ball size sets to 'die Lllj L WcG1�J prior ti r1a1 1-in-
Hand. This shall include half size cross - sections.
5. The Consultant shall schedule and attend the Plan -in -Hand field inspection with
the City.
6. After the Plan -in -Hand, the Consultant shall:
Q:\MSK\BLAIR BRIDGES IBLAIR- I6THSTBRIDGE- EXHIBITB.DOC
Page 6
a. Prepare the Plan-in -Hand report and submit to the City two weeks after
the field inspection.
b. Consolidate comments on one set of half size Plan -in -Hand plans and
submit to the City with the report.
c. Proceed with design, which reflects Plan -in -Hand decision.
7. The Consultant shall label the plans "Preliminary, Subject to Change" until the
Registered Engineer's seal and signature are added.
8. The Consultant shall prepare quantity and cost estimates, including computation
sheets, for all construction and removal items on the plans and submit them to the
City and State for approval. The quantity estimates shall be submitted with the
final plans.
UTILITIES
1. The Consultant shall draft whatever existing utilities, both overhead and
underground (that are not already on the plans) on the project plan sheets, print
and distribute to the utility companies for verification. The utility topography
must be referenced to the project baseline.
2. The Consultant shall coordinate directly with the utility companies and others to
verify location and ownership of all existing overhead and underground utilities
on the project.
3. The Consultant shall address specific utility problems at the plan -in -hand field
inspection and be available to discuss the design of the project (including
drainage structures) with affected utilities and shall attempt to eliminate or
minimize conflict with utilities.
J. PLANS SUBMITTALS
I. The Consultant shall prepare 30 %, 60 %, and 90% design plans for the City to
review. The 30% plans shall include the proposed box culvert size and
alignment. The 60% plans shall include all information from the 30% plans plus
the preliminary box culvert design and preliminary construction quantities. The
90% submittal is to include all construction items, all construction notes,
Q:IMSKKBLAIR BRIDGESI BLAIR- 16THSTBRIDGE- EXHIBITB.DOC
Page 7
4 * 7
_s•, %1
contours, limits of construction, storm sewer design, etc. and submit them to the
City for review according to the schedule.
2. Box Culvert Design
a. The box culvert design is anticipated to be a Nebraska Department of
Roads Standard.
b. Design - The Consultant will perform the necessary structural design and
an independent design check of those structural calculations.
c. Plan Preparation - The Consultant will draw and detail all the elements of
the box culvert so as to accurately depict the intended construction.
Standard details used by the State will be employed to the greatest extent
possible. The plans will contain the following:
i General Note and Quantity Sheet - General notes and the box
culvert quantities will be shown on this sheet.
ii General Plan - Showing a general plan and elevation of the
proposed structure replacement. The hydraulic design information
will be shown.
iii Slope Protection Sheet - The typical cross - section of slope
protection improvement adjacent to the box culvert will be shown
with plans and sections of any channel improvements, relocations,
and slope protection.
d. Paint Testing - A sample will be collected and testing for lead and
chromium content in compliance with environmental guidelines.
K. COMPLE'T'ED FINAL PLANS AND DOCUMENTS (FINAL)
1. The Consultant, after the 90% review, shall complete the final design plans
according to decisions made at the review.
2. The Consultant shall include (but not be limited to) in the final plans package the
following:
a. Completed Plan and Profile Sheets
b. 2L sets of plan. They are as follows:
i Construction and removal
Q:\MSKABLA R BRIDGESIBL .AIR- 16THSTBRIDGE- EXHIBITB.DOC
Page 8
i • it
t- }x
ii Joints and grades
iii Drainage
The 2L Plan sheets must show all details for removal items, storm sewer
system and structures, sodding, seeding, erosion control, construction
notes and details, pavement joints, grades, utilities, etc.
c. Special drainage structure plans
d. Summary of quantities computation sheets
e. Special provisions
3. The Consultant shall stamp, sign and date the plans. The seal of the Consultant
should be from a rubber stamped facsimile that is then signed and dated by the
engineer registered in Nebraska.
L. LETTING SERVICES
1. Assist City in advertising for and obtaining bids for a single prime contract for
construction and maintain a record of prospective bidders to who Bidding
Documents have been issued and received, and process deposits for Bidding
Documents.
2. The Consultant shall prepare and supply all necessary bidding documents. The
cost of preparing said documents are included in the lump sum fee.
3. Issue addenda as appropriate to interpret, clarify or expand the Bidding
Documents.
4. Consult with and advise City as to the acceptability of subcontractors, suppliers
and others proposed by the prime contractor for those portions of the work
required by the Bidding Documents.
5. Attend the bid opening, prepare bid tabulation sheets and assist City in evaluating
bids and in assembling and awarding a contract for construction.
M. SERVICES NOT INCLUDED IN THIS SCOPE
1. This Scope of Work does not include any right of way acquisition services.
2. This Scope of Work does not include archaeological field survey or other
environmental services.
Q:1MSK\BLAIR BRIDGES \B LAIR- 16THSTBRIDGE-EXHIBITB.DOC
Page 9
Blair 16th Street Bridge Replacement with Box Culvert KM EXHIBIT C
MANHOUR SUMMARY 3/26/2004 Land Survey
Task Principal Pro'. Mgr. Proi. Enq. Surveyor Crew Total
Kick- Off Meeting 4 4 8
Design Survey 2 24 26
Hydraulic Modeling 6 40 46
Preliminary, Final Design 1 12 40 53
SUB- TOTAL 1 22 84 2 24 133
DIRECT LABOR COSTS
Category Hours Rate Amount
Principal 1 $62.50 $63
Project Manager 22 $37.33 $821
Project Engineer 84 $27.00 $2,268
Land Surveyor 2 $30.00 $60
Survey Crew 24 $44.00 $1,056
TOTAL DIRECT LABOR 133 $4,268
PAYROLL BURDEN AND OVERHEAD 1.683 $7,183
TOTAL. LABOR AND OV5AHEAD $11,450
DIRECT PROJECT EXPENSES
Item Cost
Geotechnical Subconsultant $1,300
Mileage 550 mites @.36 /mile $198
Phone /Postage /Film: $65
Printing $250
$1,813
TOTAL LABOR AND OVERHEAD $11,450
FIXED FEE (12 %) $1,500
DIRECT PROJECT EXPENSES $1,813
MAXIMUM AMOUNT PAYABLE $14,763
RESOLUTION NO. 2004 - 19
COUNCIL MEMBER BIFFAR INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council have been presented with an Engineering
Agreement between the City of Blair, Nebraska and KMA Engineering, Inc. for the planning study
of the city's water system, sewer system and sidewalks.
WHEREAS, said Agreement is acceptable to the City of Blair.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA that the Agreement attached hereto, marked Exhibit "A' and
by this reference made a part hereof as though fully set forth herein, is hereby approved by the City
of Blair, Nebraska.
BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY
OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver said Agreement on behalf of
the City of Blair, Nebraska.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE UPON
ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE,
MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS
NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION
PASSED AND APPROVED THIS 27 DAY OF APRIL, 2004.
—1—
CITY OF BLAIR, NEBRASKA
BY
JAMS Ir. REALPH, MAYOR
ATTEST:
BRENDA R. TAYLOR,Y 'CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 27th day of
April, 2004.
BRENDA R. TAYLOR,
N m KIRKHAM
(,&Q MICHAEL
CONSULTING ENGINEERS
April 20, 2004
RE: Proposal for Professional Engineering Services
CDBG Infrastructure Planning Study
Blair, Nebraska
Mr. Allen Schoemaker
Director of Public Works
City of Blair
218 South 16 Street
Blair, Nebraska 68008 -1674
Dear Allen:
ORIGINAL
Arizona • CoIorado
Iowa • Kansas • Nebraska
Kirkham Michael is pleased to provide this letter contract to provide professional engineering
services for the CDBG Infrastructure Planning Study within Redevelopment Area No. 1 of the
City. The study will have three components, which are water distribution analysis, wastewater
inflow and infiltration study and sidewalk study. We have consolidated the best talent possible
for this project and each member of the Kirkham Michael team is committed to ensuring the
success of this project.
We anticipate providing the following scope of services in conjunction with this project:
Scope of Services
This following Scope of Services outline describes the necessary professional engineering
services required for the three study segments within Redevelopment Area No. 1:
Project Management
www.kirkham.com
1. Initial Kick -Off Meeting
✓ A meeting will be scheduled before project work begins to encourage City
officials and staff input and to provide for the exchange of ideas and infoiuiation
relative to the study and design of the project. The objective of this meeting is to
develop a clear understanding of the project scope of services, design criteria and
expectations, obtain background information and refine the project schedule.
Public Information and Education
✓ The KM team will design and provide two specific public information meetings
for the Project. Also project flyers to all stakeholders will be provided, if desired.
12700 West Dodge Road • PO Box 542030 • Omaha, NE 68154 -8030 • VOICE (402) 393 -5630 • FAX (402) 255 -3850
Mr. Allen Schoemaker
April 20, 2004
Page 2
3. Project Team Coordination
✓ KM will coordinate the services of an independent contractor such as sanitary
sewer television inspections.
4. Periodic Review Meetings
✓ Periodic review meetings will be established with the City to discuss the status
and progress of the project. The meetings will be scheduled at the 50% and 90%
complete study milestones to review progress and status of the project including
preliminary opinions of probable cost at the 90 %, and complete stages.
Anticipated results at the 50% meeting are preliminary water distribution
alternatives, wastewater sub -basin analysis and preliminary sidewalk evaluations.
The preliminary draft Infrastructure Planning Study Report will be available at the
90% review meeting.
5. On -going Project Communications and Correspondence
✓ KM will maintain frequent communications with City staff, and other interested
parties as the project dictates. Project documentation and correspondence will be
produced as necessary and filed for the record.
6. Submittals
a. Preliminary Draft Study/Report
b. Final Study/Report
Water Distribution System Analysis
1. Receive notice -to- proceed with project.
2. Initial kickoff meeting with City to refine scope and schedule.
3. Obtain the following types of available information. A specific infoimation request will
be forwarded to the City.
✓ G.I.S mapping and data base information
✓ Customer service records
✓ Flood Plain infoimation
✓ Operational records and data such as Monthly Usage Records and WTP pumpage
and SCADA records
✓ Insurance Service Office reports and other pertinent records
✓ Fire flow records and data
✓ Customer and Water Sales Records
Mr. Allen Schoemaker
April 20, 2004
Page 3
✓ Design Study and distribution analysis from Rural Water System (3 Pressure
District)
4. Obtain and review previous planning studies.
5. Interview water system staff and operating personnel
6. Review operational processes to determine normal practice methods and procedures.
?.. Meeting with- citizens and..other stakeholders to identify and discuss issues, - concerns .and: -:
problems within the study areas.
8. Conduct Distribution System Analysis
✓ From the existing maps, develop the computer model on Water CAD computer
modeling program.
✓ Develop calibration and testing procedures for computer modeling base data.
✓ The consultant team will review all existing data in order to verify the
assumptions to be used for pipe roughness coefficients in the model.
✓ Define boundaries of water service planning area taking into account future
population growth patterns, and water demands.
✓ Determine the peak day water demand for the design year. Factors to be
considered include lawn irrigation, population, future land use considerations,
demands, and operating policies. Peak usage will be reviewed and analyzed for
residential commercial and industrial large users.
✓ In addition to normal domestic water uses, fire flow demands will be simulated on
the computer to determine distribution pipe losses and pumping capacities.
✓ Identify alternate improvements and model their impact. During this sub -task,
considerable judgment must be exercised to balance overall distribution pipe
capacity with well pump operating characteristics.
✓ Make comparative cost estimates for the various alternatives in order to screen
and define the solutions in the next task.
✓ Identify undersized distribution and transmission mains Subsequent analysis will
be performed with proposed improvements for replacing undersized mains.
✓ Include Analysis from the Third Pressure District being implemented with the
Rural Water District.
✓ Based upon the design criteria and the estimated costs established, the following
evaluations will be made
Mr. Allen Schoemaker
April 20, 2004
Page 4
• Based upon the findings in the above sub -task, the most cost effective
solutions will be evaluated. Alternatives will consider variances in size of
pumps, pipe, and storage capacity.
• A file of all computer trials will be maintained for reference and a single
copy catalog will be provided to the city.
9. Citizen and stakeholder meeting, discussing preliminary results.
10. Preliminary cost estimates prepared.
11.- Prioritize .recomrnended.improvements:
12. Final report
Wastewater Collection System Inflow /Infiltration Study
1. Receive notice -to- proceed for project.
2. Initial Kickoff meeting with City to refine scope and schedule.
3. Obtain the following available information.
✓ G.I.S mapping and data base information
✓ Flow metering results and data
✓ Past studies and engineering reports
✓ Sewer maintenance records
✓ Gather all available data from the City of Blair relative to water use and
wastewater volumes and characteristics (Wastewater Treatment Plant flow
records)
4. Meet with and interview key City staff to develop a complete understanding of existing
collection system, future operational revisions, and review specific project goals and
objectives.
5. Define wastewater system components.
✓ Drainage sub - basins
✓ Locate critical segments
✓ Conduct topographic map analysis
✓ Identify overflow points
✓ Locate critical monitoring points
✓ Locate surcharge lines and locations
Mr. Allen Schoemaker
April 20, 2004
Page 5
6. Meet with citizens and other stakeholders to identify and discuss issues, concerns, and
problems within the study areas.
7. Physical inspections and testing will be performed, as appropriate and necessary, but are
outside the Scope of Services of this agreement and will constitute additional services
and revisions to fee compensation.
✓ Smoke testing
✓ Pipe and manhole inspection
✓ Television monitoring /observation
Flow .monitoring- at-specific locations
8. Analyze information, data, and test results
✓ Identify necessary improvements
9. Citizen and stakeholder meeting, discussing preliminary results
10. Preliminary cost estimates prepared
11. Prioritize recommended improvements
12. Prepare final report
Sidewalk Study
1. Receive notice -to- proceed for project
2. Kickoff meeting with city to refine scope and schedule
3. Sidewalk data collection and evaluation
• Review appropriate Blair codes, ordinances, and policies
4. Prepare for approval by City, an evaluation criteria matrix for new sidewalk locations
5. Meeting with citizen and other stakeholders to identify and discuss issues, concerns, and
problems within the study areas.
C3�
Mr. Allen Schoemaker
April 20, 2004
Page 6
6. Conduct physical inspections
✓ Conduct field examinations of sidewalk conditions, by address, and noting
specific quantities of sidewalks to be replaced.
✓ Note sidewalk locations and their condition.
✓ Identify any special generator of sidewalk traffic such as churches, schools, and
parks.
✓ Review safety factors.
✓ Photograph key locations within the study area (new sidewalk locations)
7. Provide recommendations for new sidewalks locations in accordance with the evaluation
criteria matrix approved by the City.
8. Citizen and stakeholder meeting, discussing preliminary results.
9. Preliminary cost estimates prepared.
10. Prioritize sidewalk replacement and new construction recommendations
11. Prepare final report
Schedule
Kirkham Michael will complete the necessary infrastructure planning study within 150 calendar
days after the full execution of this agreement and receipt of data and information from the City
of Blair.
Fee Proposal
For the above described professional engineering services, Kirkham Michael shall be paid a
lump sum fee of thirty two thousand six hundred and sixty -six dollars ($32,666.00). The lump
sum fee includes all professional services and all direct project related expenses. Any
wastewater smoke testing, television monitoring and flow metering /monitoring will be
contracted separately by the City.
Payment for all services rendered is to be completed monthly based upon invoices for progress to
date. Invoices are due and payable upon receipt.
See Attachment No. 1 for Nebraska Department of Economic Development Standard Provisions
to be incorporated in this letter contract by reference. In case of conflict between provisions in
the Contract and Attachment No. 1, the provisions within Attachment No. 1 shall take
precedence.
G3�
Mr. Allen Schoemaker
April 20, 2004
Page 7
If the above - described items are satisfactory to you, please sign and date the original and
duplicate original of this letter in the space provided. Keep one executed copy of this letter for
your files and return the duplicate copy to us for our files. Receipt of this letter contract will be
considered our foimal notice to proceed with the work.
Should you have any questions or require any additional information, please do not hesitate to
contact me at (402) 255 -3840, Thank you for your continued support and business.
Yours very truly,
KIRKHAM, MICHAEL & ASSOCIATES, INC.
-f�
Rich L. Robinson. P.E.
Vice President
RLR/sjt
Copy to: K. Anderson, K. Larsen, R. Coffey - KM Omaha
S:\43 \civiFSTENO\PROPLTRS\ Schoemaker - Blair- CitylnfrastructurePlanningStudy- ltr.rlr.doc
ACCEPTANCE OF PROPOSAL AND AUTHORIZATION TO PROCEED
Date: —/--
J. , es R `. ph; Mayor
City o air
Attest.
, /.
Brenda Taylor, City
City of Blair `
KIRKHAM, MICHAEL & ASSOCIATES, INC.
f� ^J
Rich L. Robinson, P.E.
Vice President
Attest:
Sheri J. Thoma
Date:
WITNESSES THAT:
ATTACHMENT 1
PROFESSIONAL SERVICE /CONSULTANT AGREEMENT
TM AGREEMENT nrde erd entesed et) try aid tetaeen
Village /City /County of
(hereinafter referred to as the Village/City/County)
and (hereinafter referred to as the Consultant)
WHEREAS, the Village/City /County and the Consultant
are desirous of entering into a contract to formalize
their relationship, and
WHEREAS, pursuant to Title i of the Housing and
Cornnxrnky Development A t of 1974, as amended through
1981 and 24 CFR 570, the Stale of Nebrasta pepertrrrsnt ce
Ecanorric Devebprnent (the Department) is authorized by
the federal Departrnentc(Housiig and Urban Development
( HUD) to provide Community Devebprnent Block Grant
Program funds (hereinafter referred to as CDBG funds)
to units of local government selected to undertake and
carry out certain programs and projects under the
Nebraska State Community Development Block Grant
Program in compliance with all applicable total, state
MCI federal laws, regulations and policies, and
WHEREAS, the Village/City/County, as part of its
19 CDBG grant agreement with the Department, under
oontradnumber , has been awarded CDBG
funds for the purposes set forth herein, and
WHEREAS, the Scope of VW k ieduded h this contract is
authorized as part of the Village/City /County's
approved CDBG program, and
WHEREAS, It would be benef►cial to the Village/City/
County to utilize the Consultant as an independent
entity to accomplish the Scope of Work set forth herein
and such endeavor would tend to best accomplish the
objectives of the local CDBG program.
NOW, THEREFORE, in consideration of the mutual
promises, covenants and pravrsiorts �n tak ed herein and
the mutual benefits to be derived therefrom, the
parties hereto agree as follows:
1. Sereices to be Provided by the Parties
a. The Consultant shall complete in a
satisfactory and proper manner as determined
by the Village/ City /County the work
activities described in the Scope of Work
(Attachment *1 to the contract).
b. The Village/City /County will provide such
assistance and guidance as may be required b
4.
5-19 (95)
Records
support the objectives set forth in the Scope
of Work and will provide compensation for
services as set forth in Section 3 below.
2. Time of Performance
The effective date of this contract shall be the
date the parties sign and complete execution of
the contract The termination date of the contract
shall be
3. Consideration
The Village/City /County shall reimburse the
Consultant In accordance with the Payment
Schedule described In Attachment *2 to the
• contract for all allowable expenses agreed upon by
the parties to complete the Scope of Work. In no
event shall the total amount reimbursed by the
Village/City/County exceed the sum of $ •
dollars. Reimbursement under this contract shall
be based on biliir ;gs, supported_ by approp €iete_
documentation of costs actually Incurred. It is
expressly understood that claims for
reimbursement shall not be submitted in excess of
dual, immediate cash requirements necessary to
carry out the purposes of this agreement.
It is also understood that this contract is funded
In whole or in part with funds through the State of
Nebraska Community Devebprnent Block Grant
Program as administered by the Department and is
subject to those regulations and restrictions
normally associated with federally funded
per and aely other requirements that the state
may prescribe.
The Cons ei arrt agrees b mar* such records and
follow such procedures as may be required under
OMB CirorlerA102 End airy at=h procseires that the
Village/City /County or the Department may
prescribe. In general such records will include
information pertaining to the contract,
obligations and unobligated balances, assets and
liabilities, outlays, equal opportunity, labor
standards (as appropriate), and performance.
All such records and all other records pertinent
to this contract and work undertaken under this
contract shall be retained by the Consultant for
a period of three years after the final audit of
the Yifage/Clty/County's CDBG prolec:t, unless a
5. Relationship
longer period is required to resolve audit
findings or litigation. In such cases, the
Viillage/City /County shall request a longer period
for record retention.
The Village/City/County,the Department and duly
authorized officials of the state and federal
government shall have full access and the right to
examine any pertinent documents, papers, records
and books of the Consultant involving
transactions to this local program and contract,
The relationship of the Consultant to the Village/
City /County shaft be that of an independent
Consultant rendering professional services. The
Consultant shall have no authority to execute
contracts or to make commitments on behalf of the
Village/ City /County and nothing contained herein
shall be deemed to create the relationship of
employer and employee or principal and agent
between the Village /City/County and the
Consultant.
. Suspension, Termination and Close Out
if the Consultant fails to comply with the terms
and conditions of this contract the Village/City/
County may pursue such remedies as are legally
available including, but not limited to the
suspension or termination of this contract In the
manner specified herein:
a. Suspension If the Consultant fails to comply
with the terms and conditions of this
contract, or whenever the Consultant is unable
to substantiate full compliance with the .
provisions of this contract, the
Village/City /County may suspend the contract
pending corrective actions or investigation,
effective not less than 7- days following
written notification to the Consultant or Its
authorized representative. The suspension
will remain in full force and effect until the
Consultant has taken corrective action to the
satisfaction of the Village/ City /County and
is able to substantiate b full compliance
with the term! and conditions of this
contract No obligations incurred by the
Consultant or its authorized representatives
during the period of suspension will be
allowable under the contract except;
(1) Reasonable, proper and otherwise
allowable costs which the Consul
could not avoid during the period of
-uspension.
5-20 (e5)
(2) If upon investigation, the Consultant is
able to substantiate complete compliance
with the terms and conditions of this
contract, otherwise allowable costs
incurred during the period of suspension
will be allowed.
(3) In the event all or any portion of the work
prepared or partially prepared by the
Consultant be suspended, abandoned, or
otherwise terminated the Village/City/
County shall pay the Consultant for work
performed to the satisfaction of the
Village/City /County, in accordance with
the percentage of the work completed.
b. Termination for Cause If the Consultant fails
to comply with the terms and conditions of this
contract and any of the following conditions
exist;
(1) The lack of complianx with the provisions
of this contract are of such scope and
nature that the Village/City/County deems
continuat9on of the contract to be
substantially detrimental to the
interests of the Village/City/ County;
(2) The Consultant has failed to take
satisfactory action as directed by the
Village/City/ County or its authorized
representative within the time specified
by same;
(3) The Consultant has failed within the time
specified by the Vlllage/City /County or
its authorized representative to
satisfactorily substantiate Its
compliance with the terms and conditions
of this contract; then, the
Village/City /County may terminate this
contract in whole or in part, and
thereupon shall notify the Consultant of
the termination, the reasons therefore,
and the effective date provided such
effective date shall not be prior to
notification of the ConsultanL After
► e date, charges incurred
this effective votC, .iv r
v.�c. -�
under any terminated portions are
allowable.
c. Termination for Other Grounds This cont
may also be terminated in whom or in part.
(1) By the Village /City /County, with the
consent of the Consultant, or by the
Consultant with the consent of the
Viltage/City/ County, in which case the
two parties shall devise by mutual -
agreement, the conditions of termination
including effective date and in case of
termination in part, that portion to be
terminated.
(2) If the funds allocated by the
Village/City/ County via this contract
are from anticipated sources of revenue,
and if the anticipated sources of revenue
do not become available for use in
purchasing said services.
(3) In the event the Village&Clty /County
fails to pay the Consultant promptly or
within 80 days after invoices are
rendered, the Village /City /County agrees
that the Consultant shall have the right
to consider said default a breach of this
agreement and the duties of the Consurant
under this agreement terminated. In such
an event. the Village /City /County shall
then promptly pay the Consultant for all
services performed and all allowable
expenses Incurred.
(4)
The Village/City/County may terminate
this contract at any time giving at least
10 days notice in writing to the
Consultant If the contract is terminated
for convenience of the
Viliage/City /County as provided herein,
the Consultant will be paid for time
provided and expenses incurred up to the
termination date.
7. Changes, Amendments, Modifications
The Vlcage&City /County may, from time to time,
require changes or modifications in the scope of
services to be perf~.xrned hereunder. Such changes,
. including any increase or de cease in the amount
of compensation therefore, which are mutually
agreed upon by the Village/City /County and the
Consultant shall be incorporated in written
amendments to this contract
1. Personnel
The Consultant represents that he/she has, or will
secure at his/her own expense, all personnel
required in performing the services under this
contract. Such personnel shad; not be employees or
have any contractual relationship to the
Village/City /County.
Ai services required hereunder will be performed
by the Consultant or under his supervision and an
5-21 (95)
personnel engaged in the work shall be fully
qualified and shall be authorized or permitted
under state or local law to perform such services.
None of the work or services covered by this
contract shall be subcontracted without prior
written approval of the Village/City/County. Any
work or services subcontracted hereunder shall be
specified by written contract or agreement and
shall be subject to each provision of this
contract.
9. Assignability
The Consultant shall not assign any interest on
this contact, and shall not transfer any interest
on this contract (whether by assignment or
novation), without prior written consent of the
Village/City/ County thereto: Provided, however,
that claims for money by the Consultant from the
Village/City/ County under this contract may be
assigned to a bank, trust company, or other
financial institutions without such approval.
Wrttten note of any such assignment or transfer
shall be furnished promptly to the
Villege/Clty /County.
10. Reports and information
The Consultant, at such times and in such forms as
the Village /City /County may require, shall
furnish the Village /City/County such periodic
reports as it may request pertaining to the work
or services undertaken pursuant to this contract,
the costs and obligations incurred or to be
incurred in connection therewith, and any other
matters covered by this contract.
11. Findings Confidential
All of the reports, Information, data, etc.,
prepared o+ assembled by the Consultant under this
contract are confidential and the Consultant
agrees that they shat! not be rnade available to
any individual or organization without prior
written approval of the Viftage/Clty /County.
12. Copyright
No reports, maps, or other documents produced in
whole or in part under this contract shall be
subject of an application for copyright by or on
behalf of the Consultant.
13. Compliance With Local Laws
The Consultant shall comply with all applicable
laws, ordinances and codes of the state and local
governments and the Consultant shall save the
V1llage7City /County harmless with respect to any
damages arising from any tort done in performing
any of the work embraced by this contract
14. Executive Order 11246' (APPLICABLE TO
CONSTRUCTION CONTRACTORS ONLY)
During the performance of this contract, the
Consultant agrees as follows:
O Add appropriate Executive Order 11248 Clause
(depending on the amount of the Contract)
here.
15. Title VI of the Civil Rights Act of 1964
Under Title VI of he Civil Rights Act of 1964, no
person shall, on the grounds of race, color or
national origin, be excluded from participation
In, be denied the benefits of, or be subjected to
discrimination under any program or activity
receiving federal financial assistance.
18. Section 109 of the Housing and Community
Development Act cf 1974
No person in the United States shall on the
grounds of race, color, national origin, or sex be
excluded from participation in, be denied
benefits of or be subjected to discrimination
under any program or activity funded In who or
in part with funds made available under this
title.
17. Section 3 Compliance In the Provision of
Training, Employment and Business
Opportunities
a. The wont to be performed under this contract is
on a project assisted under a program
providing direct federal financial assistance
from the Department of Housing and Urban
Development and is subject to the requirements
of Section 3 of the Housing and Urban
Develop-net Act of 1968, as amended, U.S.C.
1701u. Section 3 requires that to the greatest
extent feasible opportunities for training and
employment be given bwer : r e residents
the project area and contracts for work in
connection with the project be awarded to
business concerns which are located in, or 18.
owned in substantial part by persons residing
In the area of the project.
b. The parties to this contract will comply with
the provisions of said Section 3. The parties
to this contract certify and agree that they
5-22 (85)
are under no contractual or other disability
which would prevent them from complying with
these provisions.
c. The consultant will send to each labor
organization or representative or workers with
which he/she has collective bargaining
agreement or other contract or understanding,
if any, a notice advising the said labor
organization or workers' representative of
his/her commitments under this Section 3
clause and shall post copies of the notice in
conspicuous places available to employees and
applicants for employment or training.
d. The Consultant will Include this Section 3
clause in every subcontract for work in
connection with the project and will, at the
direction of the applicant for, or receipt of
federal financial assistance, take
appropriate action pursuant to the subcontract
upon a finding that the subcontractor Is In
violation of regulations issued by the
Secey of Housing aid Urban Development 24
CFR Part 135. The Consultant will not
subcontract with any subcontractor where ft
has notice or knowledge that the latter has
been found in violation of regulations under
24 CFR Part 135 and will not let any
subcontract unless the subcontractor for has first
provided it with a preliminary statement of
ability to comply with the requirements of
these regulations.
e. Compliance with the provisions of Section 3,
the regulations set forth in 24 CFR Part 135,
and ali applicable rules and orders of the
Department issued hereunder prior to the
execution of the contract, shall be a
condition of the federal financial assistance
provided to the project, binding upon the
applicant or recipient for such assistance,
Its successors and assigns. Failure to fulfill
these requirements shall subject the appii ant
or recipient, fts consultants and
sutxintractors, its suu.,essors and assigns to
those sanctions specified by the grant or loan
agreement or contract through which federal
assis anc is provided, and b such sanctions
as are specified by 24 CFR Part 135.
Age Dis=imination Ad of 1975, As Arrmtried (42
U.S.C. 6101 etseq.).
The law provides that no person will be excluded
from participation, denied program benefits or
subjected to discrimination on the basis of age
under any program or activity receiving federal
funding assistance.
19. Section 504 of the Rehabilitation Act of 1973,
As Amended (29 U.S.C. 794).
The law provides that no otherwise qualified
individual will, solely by reason of his or her
handicap, be excluded from participation
(including employment), denied program benefits
or subjected to discrimination under any program
or activity receiving federal assistance funds.
20. Executive Order 11246, As Amended.
This Order applies to all federally assisted
construction contracts and subcontracts. The
Grantee and subcontractors, if any, will not
discriminate against any employee or applicant
for employment because of race, color, religion,
sex or national origin. The Grantee and
subcontractors, if any, will take affirmative
action b ensure that applicants are employed, and
that employees are treated during employment
without regard to their race, . color, religion, sex
o national origin.
21. Conflict of Interest
No offrer, employee or agent of the Grantee who
will participate in the selection, the award, or
the administration of this grant may obtain a
personal or financial interest or benefit from the
activity or have an interest in any contract,
subcontract or agreement with respect thereto, or
the proceeds thereunder either For thernsetves or
those with whom they have farrity or business ties,
during their tenure or for one year thereaffer. It
is further required that this stipulation be
included in all aubcontracs to this contract
Upon written request, exceptions may be granted
upon a case by case basis when It is determined
that such an exception will serve to further the
purposes of the Act and the effective and
efficient administration of the recipient's
program or project. These exc eptians are granted
by the Department.
22. Audits and inspections
The Village/City/County, the Department, the
State Auditor and HUD or their delegates shall
have the right to review and mortar the frnanaal
and other components of the work and services
provided and undertaken as part of the CDBG
project and this ecru. t, by whatever legal and
reasonable means are deemed expedient by the
5-23 (95)
Village /City /County, DED, the State Auditor and
HUD.
23. Hold Harmless
The Consultant agrees to indemnify and hold
harmless the Village /City /County, its appointed
and elective officers and employees, from and
against ail Toss and expense, including
attomey's fees and costs by reason of any and all
claims and demands upon the VillagelCtty/County,
is elected or appointed officers and employees
from damages suss by any person or per,
arising out of or in consequence of the
Consultant's and its agents' negligent
performance of work assoClated with this
agreement. The Consuttant shall not be (table for
property and bodily injury as may result from the
negligence of any construction contractor or
construction subcontractor.
This agreement contains at terms and conditions
agreed to by the Village/City /County and the
Consultant The attachments b this agreement are
Identified as follows:
Attachment fit, Sipe of Work, consisting of pates.
Attachment #2, Payment Schedule, consisting of
pages.
WITNESS WHEREOF, the Village/City/County and the
Consultant have execd this contract agreement as of
the date and year last written below.
d ►ko.G§‘.11 rr6,..w.A*4>r,Of Blair
By
Title Mayor
Date / 2-
CONSULTANT
By
Tithe Vick _ResideifE:
Date
Approved as to legal form:
Village/City /County Attorney
Da*
Professional Engineering Services
REDEVELOPMENT AREA CDBG INFRASTRUCTURE PLANNING STUDY
City of Btair, Nebraska
Professional Engineering Services
Q:1ric \BlainBlair Infrastructure Study eng est 01
RLC
Total
Project Protect Engineering Field Services Survey Personnel
Principal Manager Engineer Engineer Technician Clerical Manager Crew Hours
Project Management
Public Information and Education 1 0 0 0 0 0 0 0 1 $170
Project Team Coordination 0 2 0 0 0 0 0 0 2 $330
Periodic Review Meetings 0 7 7 0 0 4 0 0 18 $2,260
On -Going Project Communications and Correspondence 0 2 0 0 0 3 0 0 5 $465
Submittals 0 2 3 0 0 0 0 0 5 $735
Water Distribution System
Kick-off Meeting 0 2 2 0 0 0 0 0 4 $600
Obtain and Review Available information 0 0 3 2 0 0 0 0 5 $595
Interview Water System Staff and Operations Personnel 0 0 1 0 0 0 0 0 1 $135
Review Operational Processes 0 0 2 0 0 0 0 0 2 $270
Public Information Meeting 0 2 2 0 0 0 0 0 4 $600
Conduct Distribution System Analysis 0 1 11 34 0 0 0 0 46 $4,880
Public Information Meeting 0 1 2 0 0 1 0 0 4 5480
Prepare Preliminary Construction Cost Estimates 0 1 1 3 0 0 0 0 5 $585
Prioritize Recommended Improvements 0 2 2 3 0 0 0 0 7 5885
Final Report 0 3 2 5 7 5 0 0 22 $1,920
Wastewater Collection System
Kick -off Meeting 0 2 2 0 0 1 0 0 5 5645
Obtain and Review Available information 0 0 1 3 0 0 0 0 4 $420
Interview Staff and Operations Personnel 0 0 1. 0 0 0 0 0 1 $135
Define System Components 0 0 1 5 0 0 0 0 6 $610
Public Information Meeting 0 1 2 0 5 1 0 0 9 5805
Physical Inspections 0 0 0 0 0 0 0 0 0 $0
Analyze Information, Data, and Test Results 0 0 1 7 0 0 0 0 8 $80o
Public Information Meeting 0 1 2 0 5 1 0 0 9 5805
Prepare Preliminary Construction Cost Estimates 0 0 3 5 0 0 0 0 8 $880
Prioritize Recommended Improvements 0 0 2 5 0 0 0 0 7 $745
Final Report 0 1 3 7 5 3 0 0 19 $1,695
Sidewalk Study
Kick -off Meeting 0 2 2 0 0 1 0 0 5 $645
Sidewalk Data Collection and Evaluation 0 0 3 0 0 0 0 0 3 $405
Draft Evaluation Criteria Matrix 0 0 3 0 0 1 0 0 4 5450
Public Information Meeting 0 2 3 0 0 1 0 0 6 $780
Physical Inspections _ 0 3 5 0 38 0 0 0 46 $3,640
Public Information Meeting 0 1 4 0 0 1 0 0 6 $750
Prepare Preliminary Construction Cost Estimates 0 1 1 4 0 0 0 0 6 $680
Prioritize Sidewalk Replacement and New Const. 0 3 2 2 0 0 0 0 7 $955
Final Report 0 3 7 0 0 2 '0 0 12 $1,530
$361
Study Phase Lump Sum Fee $32,688
$3,980
$10,950
57,540
$9,835
Subtotals - Personnel Hours 1 46 88 86 80 25 0 0 302 $32,305 8 32,305
Approximate Hourly Billing Rates $170 5165 $135' 595 $65 $45 $105 $120
Direct Salary Costs $170 $7,425 811,810 " $8,075 $3,900 $1,125 $0 50 $32,306
Project Related Reimbursable Expenses (Mileage, Printing Costs, Etc.)
4/20/2004
Professional Engineering Services
INFRASTRUCTURE PLANNING STUDY FOR OUTSIDE REDEVELOPMENT AREA
City of Blair, Nebraska
Professional Engineering Services
Project Management
Public Information and Education 1 0 0 0 0 0 0 0 1 $170
Project Team Coordination 0 2 0 0 0 0 0 0 2 $330
Periodic Review Meetings 0 5 5 0 0 2 0 0 12 $1,590
On -Going Project Communications and Correspondence 0 2 0 0 0 1 0 0 3 $375
Submittals 0 2 1 0 0 0 0 0 3 $465
Water Distribution System
Kick-off Meeting 0 1 1 0 0 1 0 0 3 $345
Obtain and Review Available Information 0 0 1 2 0 0 0 0 3 $325
Interview Water System Staff and Operations Personnel 0 0 1 0 0 0 0 0 1 $135
Review Operational Processes 0 0 2 0 0 0 0 0 2 $270
Public Information Meeting 0 1 2 0 0 0 0 0 3 $435
Conduct Distribution System Analysis 0 0 9 22 0 0 0 0 31 $3,305
Public Information Meeting 0 1 2 0 0 1 0 0 4 $480
Prepare Preliminary Construction Cost Estimates 0 1 1 3 0 0 0 0 5 5585
Prioritize Recommended Improvements 0 2 2 1 0 0 0 0 5 $695
Final Report 0 1 2 3 5 3 0 0 14 $1,180
Wastewater Collection System
Kick -off Meeting 0 1 1 0 0 0 0 0 2 $300
Obtain and Review Available Information 0 0 1 1 0 0 0 0 2 $230
Interview Staff and Operations Personnel 0 0 1 0 0 0 0 0 1 $135
Define System Components 0 0 1 3 0 0 0 0 4 $420
Public information Meeting 0 1 1 0 3 1 0 0 6 $540
Physical lnspections 0 0 0 0 0 0 0 0 0 $0
Analyze Information, Data, and Test Results 0 0 1 5 0 0 0 0 6 $610
Public Information Meeting 0 1 1 0 3 1 0 0 6 $540
Prepare Preliminary Construction Cost Estimates 0 2 1 3 0 0 0 0 6 $750
Prioritize Recommended Improvements 0 2 2 3 0 0 0 0 7 $885
Final Report 0 1 1 5 3 1 0 0 11 $1,015
Sidewalk Study
Kickoff Meeting 0 1 1 0 0 0 0 0 2 $300
Sidewalk Data Collection and Evaluation 0 0 1 0 0 0 0 0 1 $135
Draft Evaluation Criteria Matrix 0 0 1 0 0 1 0 0 2 $180
Public Information Meeting 0 1 1 0 0 1 0 0 3 $345
Physical Inspections 0 1 3 0 50 0 0 0 54 $3,820
Public Information Meeting 0 1 0 0 0 1 0 0 2 5210
Prepare Preliminary Construction Cost Estimates 0 1 1 2 0 0 0 0 4 $490
Prioritize Sidewalk Replacement and New Const. 0 1 2 2 0 0 0 0 5 5625
Final Report 0 1 5 0 0 2 0 0 8 $930
$7,035
Subtotals . Personnel Hours 1 33 66 55 64 16 0 0 224 $23,145 $ 23,145
Approximate Hourly Billing Rates $170 $165 $135 $95 $65 $45 $105 $120
Direct Salary Costs $170 $5,445 $7,425 $5,225 $4,160 $720 $0 $0 523,146
Project Related Relmbursable Expenses (Mileage, Printing Costs, Etc.)
Q:1rlo\BIair\Blair Infrastructure Study eng est 01
RLC
Total
Protect Project Engineering Field Services Survey Personnel
Principal Manager Engineer Engineer Technician Clerical Manager Crew Hours
$155
Study Phase Lump Sum Fee 523,300
82,930
87,755
85,425
4/20/2004
Professional Engineering Services
TOTAL INFRASTRUCTURE PLANNING STUDY FOR ENTIRE CITY
City of Blair, Nebraska
Professional Engineering Services
ProJeot Management
Public Information and Education 2 0 0 0 0 0 0 0 2 $340
Project Team Coordination 0 4 0 0 0 0 0 0 4 $660
Periodic Review Meetings 0 12 12 0 0 6 0 0 30 $3,870
On -Going Project Communications and Correspondence 0 4 0 0 0 4 0 0 8 8540
Submittals 0 4 4 0 0 0 0 0 8 $1,200
Water Distribution System
Kick -off Meeting 0 3 3 0 0 1 0 0 7 $945
Obtain and Review Available information 0 0 4 4 0 0 0 0 8 8920
Interview Water System Staff and Operations Personnel 0 0 2 0 0 0 0 0 2 $270
Review Operational Processes 0 0 4 0 0 0 0 0 4 $540
Public Information Meeting 0 3 4 0 0 0 0 0 7 $1,035
Conduct Distributlon System Analysis 0 1 20 56 0 0 0 0 77 $8,185
Public Information Meeting 0 2 4 0 0 2 0 0 8 $960
Prepare Preliminary Construction Cost Estimates 0 2 2 6 0 0 0 0 10 $1,170
Prioritize Recommended Improvements 0 4 4 4 0 0 0 0 12 $1,680
Final Report 0 4 4 8 12 8 0 0 36 $3,100
Wastewater Collection System
Kick•aff Meeting 0 3 3 0 0 1 0 0 7 $945
Obtain and Review Available Information 0 0 2 4 0 0 0 0 6 $650
Interview Staff and Operations Personnel 0 0 2 0 0 0 0 0 2 $270
Define System Components 0 0 2 8 0 0 0 0 10 $1,030
Public Information Meeting 0 2 3 0 8 2 0 0 15 $1,345
Physical Inspections 0 0 0 0 0 0 0 0 0 $0
Analyze Information, Data, and Test Results 0 0 2 12 0 0 0 0 14 $1,410
Public Information Meeting 0 2 3 0 8 2 0 0 15 $1,345
Prepare Preliminary Construction Cost Estimates 0 2 4 8 0 0 0 0 14 $1,630
Prioritize Recommended Improvements 0 2 4 8 0 0 0 0 14 $1,630
Final Report 0 2 4 12 8 4 0 0 30 $2,710
Sidewalk Study
Kick-off Meeting 0 3 3 0 0 1 0 0 7 5945
Sidewalk Data Collection and Evaluation 0 0 4 • 0 0 0 0 0 4 $540
Draft Evaluation Criteria Matrix 0 0 4 0 0 2 0 0 6 $630
Public Information Meeting 0 3 4 0 0 2 0 0 9 $1,125
Physical Inspections 0 4 8 0 88 0 0 0 100 $7,460
Public Information Meeting 0 2 4 . 0 0 2 0 0 8 $960
Prepare Preliminary Construction Cost Estimates 0 2 2 6 0 0 0 0 10 $1,170
Prioritize Sidewalk Replacement and New Const. 0 4 4 4 0 0 0 0 12 $1,580
Final Report 0 4 12 - 0 0 4 0 0 20 $2,460
$16,670
Subtotals • Personnel Hours 2 78 141 140 124 41 0 0 526 $55,450 $ 55,450
Approximate Hourly Billing Rates $170 $165 $135 595 $65 $45 $105 5120
Direct Salary Costs $340 $12,870 $19,035 $13,300 $8,060 $1,845 $0 $0 $66,460
Project Related Reimbursable Expenses (Mileage, Printing Costs, Etc.)
Q:1rIc\BIair\8lair Infrastructure Study eng est 01
RLC
Total
Project Project Engineering Field Services Survey Personnel
Principal Manager Engineer Engineer Technician Clerical Manager Crew Hours
8516
Study Phase Lump Sum Fee ;66,966
$6,910
$18,705
$12,965
4/20)2004
RESOLUTION 2004 -20
COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA AS FOLLOWS:
SECTION 1. The Mayor and City Council hereby find and determine that it is
necessary and advisable that the City, under the authority granted by Sections 18 -2001 to
18 -2004, inclusive, R.R.S. Neb. 1943, as amended, cause the following unpaved street
within the City of Blair, Nebraska to be improved by grading, curbing, guttering and
paving together with necessary appurtenances, to -wit:
See Exhibit "A" attached and fully incorporated herein by reference.
ST'TTION 2. It is found and determined that the all ' . iTM ed eet
to be improved in Gap Paving Project No. 183 shall meet the following criteria: (a) the
portion of said street to be unproved does not exceed two blocks including intersection,
or 1,325 feet, whichever is lesser, that said street is otherwise paved and with the paving
will be one continuous paved street, (b) intersects a paved street for a distance of not to
exceed one block on either side of such paved street, or (c) connects with a major traffic
street for a distance not to exceed one block from such major traffic street.
SECTION 3. The costs of such improvements, excepting street intersections,
shall be assessed against the property benefited by said projects in proportion to such
benefits in accordance with Section 18 -2003 R.R.S. Neb. 1943, as amended.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER
BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE,
SHOTWELL, FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING
"AYE" AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR
DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS
11TH DAY OF MAY, 2004.
ATTEST:
BRENDA R. TAYLOR, C
(SEAL)
STATE OF NEBRASKA )
WASHINGTON COUNTY )
,4
CLERK
:ss:
CITY OF BLAIR, NEBRASKA
JJ(ME E. REALPH, AYOR
BRENDA R. TAYLOR, 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 1 lth day of May, 2004.
BRENDA R. TAYLOR, CIT 7CLERK
EXHIBIT A
Out Lot A of Tyson's Skyline Addition
Tax Lot 201, Section 14, Township 18 North, Range 23 East
Lot 1 Tyson's Skyline Addition
Lot 7 of Tyson's Skyline Addition
Lot 2 of Tyson's Skyline Addition
Lot 6 of Tyson's Skyline Addition
Lot 3 of Tyson's Skyline Addition
Lot 5 of Tyson's Skyline Addition
Lot 4 of Tyson's Skyline Addition
RESOLUTION NO. 2004 -21
COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Papio - Missouri River Natural Resources District has submitted a
proposed Agreement with the Metropolitan Utilities District for the sale of emergency water to
the City of Blair, Nebraska.
WHEREAS, the Agreement between the Papio - Missouri River Natural Resources
District and the Metropolitan Utilities District for the sale of emergency water to the City of
Blair, Nebraska, is acceptable to the Mayor and City Council. (See Agreement attached hereto as
Exhibit "A ")
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the Agreement between the Papio - Missouri River
Natural Resources District and Metropolitan Utilities District which has been presented to the
City Council, is hereby approved by the City of Blair, Nebraska.
BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair,
Nebraska are hereby authorized and directed to execute said Agreement on behalf of the
Municipality.
COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER
FANOELE. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE,
SHOTWELL, FANOELE, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING AYE
AND COUNCIL MEMBERS NONE VOTING NAY, THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AND APPROVED THIS 1 1 TH DAY OF MAY, 2004.
ATTEST:
6/b/
BktFNDA R. TAYLOR,
(SEAL)
YI'Y CLERK
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
BY Cl
JA E REALPH, YOR .
BRENDA R. TAYLOR, 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 1 lth day of May, 2004.
BRENDA R. TAYLOR, C
CONTRACT ADDENDUM BETWEEN METROPOLITAN UTILITIES DISTRICT AND
PAPIO- MISSOURI RIVER NATURAL RESOURCES DISTRICT —
EMERGENCY WATER TO THE CITY OF BLAIR
THIS ADDENDUM, entered into this day of , 2004,
supplements the agreement between the Metropolitan Utilities District of Omaha
( "District ") and the Papio- Missouri River Natural Resources District ( "PMRNRD ") that
was entered into May 3, 1978 to provide for a plan for the District's emergency water
supply to the City of Blair, Nebraska. All other terms of the original agreement shall
continue in full force and effect.
NOW, THEREFORE, in consideration of the agreement set forth herein, it is
agreed between the parties as follows:
I .
The PMRNRD desires to build a second rural water system in Washington
County. The City of Blair will supply water to this rural water system. PMRNRD desires
to have this second rural water system (RWS #2) connected to the first rural water
system (RWS #1) for the purpose of providing water to the City of Blair in the case of an
"emergency ", as more fully set out herein.
II.
The District agrees to provide emergency water based upon the following terms:
1) The emergency water service supplied to the City of Blair is not to exceed 1.5
million gallons per day. The District shall NOT be obligated to reserve
capacity on its distribution system to accommodate the emergency water
demand.
2) The point of delivery is at the same point on RWS #1 that is now currently
being utilized by the District.
3) The point of delivery pressure will be between 69 psi and 136 psi.
4) The point of delivery on RWS #1 will be modified to allow for the delivery of
the emergency water system. The District shall modify the vault piping within
60 days of the signing of this agreement. Actual installation of the meter itself
shall be at the discretion of the District.
5) All necessary approvals shall be obtained by the PMRNRD at its expense.
6) Water supplied for emergency purposes shall be metered and billed at the
rate established in the District's wholesale water service rate in effect at the
time the sale occurs.
7) The District shall apportion water consumption between usage by the RWS
#1 and the emergency water usage. Apportionment determination by the
District shall be conclusive.
8) The cost of the vault piping and the new metering will be $8200 and shall be
paid by the PMRNRD at the time of the signing of this agreement.
9) The interconnection between RWS #1 and RWS #2 (approximately at County
Road P43 and County Road P38) will be the responsibility of the PMRNRD.
The District recommends that there be a closed and locked value between
the two systems.
10) This addendum may be terminated by either party by giving a one -year written
notice to the other party.
2
The District agrees to waive the capital facilities charges for this emergency
water service on the basis that the water service is for public health and safety
purposes only, and the District is under no obligation to reserve this capacity or build
upstream facilities to ensure its delivery.
IV.
Emergency water service shall be available only if there is a major failure of the
Blair Water Treatment Plant that results in pressure problems that would jeopardize
health and safety. A heavy summer usage of water and demand on the system of the
RWS #2 or the City of Blair shall be insufficient to invoke the emergency water
provision of this agreement.
V.
The District, in fulfilling its obligation to this agreement, shall use its "best efforts"
to provide water to the PMRNRD in an emergency situation. The District will use due
diligence in complying with the terms of this agreement but it will be at the sole
discretion of its Board of Directors or its delegated employee to determine the feasibility
of the District's ability to comply with the request.
VI.
Request for emergency water service shall be made by the PMRNRD by
notifying the District's dispatch office at 554 -7946 who will notify the Assistant General
Manager of Operations to determine impact on the system and whether an emergency
exists.
IN WITNESS WHEREOF, the parties execute this Addendum to Agreement on
3
the date first above written.
Witness:
Witness:
4
METROPOLITAN UTILLITI DISTRICT
OF OMAHA, NEBRASKA, a political
subdivision,
By:
Thomas A. Wurtz
General Manager
PAPIO- MISSOURI RIVER NATURAL
RESOURCES DISTRICT
By:
Steven G. Oltmans
General Manager
RESOLUTION 2004 -22
COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair, Nebraska, passed a Resolution 1982 -29 on or about
October 26, 1982, concerning the reconveyance of land by the City of Blair, back to Blair
Manufacturing Company n/k/a Kelly Ryan Equipment Company.
WHEREAS, the Resolution passed by the City of Blair, Nebraska, called for the Mayor
of Blair to execute a Quitclaim Deed as part of reconveyance of land back to Blair
Manufacturing n/k/a Kelley Ryan Equipment Company all of the Industrial Development reserve
bonds had been paid in full. However, the Deed of Reconveyance was never recorded with the
Washington County Register of Deeds Office.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA that the action set forth by Resolution 1982 -29 requiring
the City of Blair, Nebraska, to execute said Quitclaim Deed should be honored by the City
Council, and is hereby accepted and adopted by the City of Blair, Nebraska.
BE IT FURTHER RESOLVED THAT THE MAYOR OF Blair, Nebraska is hereby
authorized and directed to execute a Quit Claim Deed Agreement on behalf of the municipality
to memorialize the prior Resolution.
COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER FANOELE.
UPON ROLL CALL, COUNCILMEMBERS STEWART, SHOTWELL, FANOELE, WOLFF,
ABBOTT AND BIFFAR VOTING "AYE" AND COUNCILMEMBERS NONE VOTING
"NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
APPROVED THIS 25TH DAY OF MAY, 2004.
CITY OF BLAIR, NEBRASKA
AM
1
S E. REALPH, MAYOR\
ATTEST:
BRENDA R. TAYLO , 1l ITY CLERK
(SEAL)
STATE OF NEBRASKA )
):ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR, 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 25th day of May, 2004.
2
Brenda R. Taylor, City C,l' k
Rac.:o.' c:.i
:3enere I
Nu merical
Photostat
Proofeo
Cfit,8:Li L. F T ER Tit
WA ci !Y,Q
RIX t4. ERR.
CITY OF BLAIR, NEBRASKA, A Municipal Corporation, Grantor, whether one or more, in consideration of
ONE DOLLAR (81.00) and satisfaction of bond provisions, receipt of which is hereby acknowledged, quitclaims
and conveys to BLAIR MANUFACTURING COMPANY, A Nebraska Company, now known as KELLY RYAN
EQUIPMENT COMPANY, A Nebraska Corporation, Grantee, the following described real estate (as defined in
Neb. Rev. Stat. 76 -201) in Washington County, Nebraska:
Executed:
Beginning at a point on the east line of Section 7- 18 -12, 797.83' south of the NE corner of said section, and
assuming the east line of said Section 7 to be due north and south, thence S 87 °1823" W a distance of
101.28'; thence N 82 °49' W a distance of 353.75'; thence S 7 °11' W a distance of 189.27; thence S 63 °30' E
a distance of 193.82'; thence S 26 °30' W a distance of 140.0'; thence S 63 °30' E a distance of 205.7 to a
point 10.0', measured radially, from the centerline of the Chicago Northwestern spur R. R. to the National
Alfalfa Mill; thence Northeasterly parallel to and 10.0' from the centerline of said R. R. as follows:
STATE OF NEBRASKA
Course
N 73 °44'30" E
N 63 °31'00" E
N 55 °01'30" E
N 46 °50'00" E
N 39 °23'30" E
N 30 °58'00" E
N 24 °06'30" E
N 19 °18'00" E
N 15 °04'30" E
N 13°28'00" E
N 1I °52'30" E
to a point on the south line of Tax Ldt 8 in Section 8- 18 -12; thence N 89 °00' W a distance of 40.95'; thence
S 87 °1823" W a distance of 99.13' to the point of beginning, all in the NE 1/4 of the NE 1/4 of Section 7
T18N R12E and the NW1 /4 of the NWI /4 of Section 8 T18N R128 of the e P.M., Washington County,
ebraska,
Ndil''L`S , 2004.
•
By .... �`
COUNTY OF WASHINGTON /
The foregoing instrument was acknowledged before e me on NI a ( j 7 S 7 O0 $ by
- :in N PC PP�.)rh , NIalj 4 of the City of
Blair, Nebraska, a Municipal Corporation, on behalf of the Municipal Corporati
® L le Notary Public
1' 11 Wne 20. -1 .
• . R. TAYLOR
STATE O F NEBRASKA My Cortm 6�
6
0
County ,
Filed for record and entered in Numerical Index on Q) - 1' ,.J7 .00.
at N 1 a., o'clock P M., and recorded in Book U 1 -133 , Page g3 (
NEBRASKA DOCUMENTARY
STAMP TAX
Date C)C314
QUITCLAIM DEED
Distance
65.34'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
82.55'
CCU .4et a
By �rl�a.,x 5 P.
County 'or Deputy County Clerk
Register of Deeds or Deputy Register of Deeds
53 3
CITY OF BLAIR, NEBRASKA
M i tT, Li
e
014 HAY 27 PH 4128
1
TO BE FILED
WITH REGISTER
OF DEEDS
County Name 2 County Number
14a ski: ,tw :. &‘.1
5 Grantor's Name, Address, and Telephone (Please Print)
Grantor's Name (Seller)
City of Blair, ebr &k>:.
Street or Other Mailing Address
r ,:
City Blair
Telephone Number
(:.... )9i
17 PROPERTY CLASSIFICATION NUMBER. Check one box in categories A and B. Check C also if property is mobile home.
(A) Status
(1)❑ Improved (1)❑
(2)0 Unimproved (2)0
(3)❑ IOLL (3)❑
8 Type of Deed
❑ Warranty ❑
,n Quit Claim ❑
10 Type of Transfer •
❑ Sale ❑ Auction
11. Ownership Transferred in Full (if No, explain division)
YES ❑ NO
13 Was sale between relatives?
❑ YES ❑ NO
20 Legal Description
21 If agricultural, list total number of acres
26 Date Deed Recorded
THE DEED WILL NOT BE RECORDED UNLESS THIS STAi'EMENT IS SIGNED AND LINES 1 - 25 ARE ACCURATELY COMPLETED
Mo. Day Yr
Single Family
Multi - Family
Commercial
Sheriff
Conservator
Real Estate Transfer Statement -
State
NE
(4) ❑ Industrial
(5) ❑ Agricultural
❑ Executor
❑ Partition
County, r [..�i+a:Yit:g4.ok iaS�ri;ILlt�ro i�ebrC:'s
❑ Grandparents and Grandchild
25
Print or Type Name of Grantee or Authorized Representative
sign
h ere r Signature of Grantee or Authorized Representative
27 Value of Stamp or Exempt Number
Nebraska Department of Property Assessment & Taxation
Form No. 2- 146 -57 Rev. 12 -00 Supersedes 2- 146 -67 Rev. 9 -94
0 ,, NEBRASKA DEPARTMENT OF REVENUE—White Copy
printed with soy ink on recycled paper
• Read instructions on reverse side
Zip Code
❑ Gift ❑ Exchange ❑ Foreclosure
14 If the real estate was transferred for nominal consideration, what is the current market
value?
16 Does this conveyance divide a current parcel of land? 17
❑ YES NO EYES ,❑ NO
18 Address of Property
(B) Property Type
(6) ❑ Recreational (8) ❑
(7) ❑ Mineral Interests-
Nonproducing
3 Date of Sale
Mo. Day Yr E•::
❑ Mineral ❑ Cemetery
❑ Trust ❑ Other
(If Yes, check appropriate box)
❑ Spouse ❑ Parents and Child ❑ Family Corporation or Partnership
Brothers and Sisters ❑ Aunt or Uncle to Niece or Nephew
See the attached, EXE'.Ei F' IT "e
Title
REGISTER OF DEEDS' USE ONLY
28 Deed Book
6 Grantee's Name, Address, and Telephone (Please Print)
Grantee's Name (Buyer) } i a A ac; t 7 s
Ke va x ti t t O^-.".•. j'aa iF'
Y
Street or Other Mailing Address
0
City State
15L r NE
Telephone Number
416 -.215
COUNTY ASSESSOR — Canary and Pink Copies
4 Date of Deed
Mo. Day Yr -
Mineral Interests- (9) ❑ State Assessed
Producing
(10) ❑ Exempt
Cc1r ectic"2-I';'. a is
❑ Satisfaction of Contract ❑ Life Estate 0 Other (explain)
12 Was real estate purchased for same use? (if No, state intended use)
.❑ YES ❑ NO
15 Was mortgage assumed? If Yes, state amount and interest rate.
❑ YES ❑ NO $
Was sale through a real estate agent? (if Yes, name of agent)
19 Name and Address of Person to Whom Tax Statement Should be Sent
Kelly Ryan Equipment Cmspamy
Be 458
1 SJ .( pr} p
M.1,air,, l E 68008
22 Total purchase price, including any liabilities assumed 22
23 Was nonreal property included in purchase? ❑ YES ❑ NO (if Yes, enter amount and attach itemized list) 2
24 Adjusted purchase price paid for real estate (line 22 minus line 23)
Under penalties of law, I declare that I have examined this statement and that It is, to the best of my knowledge and belief, true
and correct, and that I am duly authorized to sign this statement.
29 Deed Page
Other
(C)
(1) ❑ Mobile Home
Telephone Number
Date
FORM
521
Zip Code
GRANTEE — Goldenrod Copy
FOR NDR USE ONLYI
30
Authorized by Sections 76 -214, 77 -1327, R.R.S. 1943
EXHIBIT "A"
Beginning at a point on the east line of Section 7- 18 -12, 707.83' south of the NE corner of said section, and
assuming the east line of said Section 7 to be due north and south, thence S 87 °18'23" W a distance of
101.28'; thence N 82 °49' W a distance of 353.75'; thence S 7 °11' W a distance of 189.27'; thence S 63 °30' E
a distance of 193.82'; thence S 26 °30' W a distance of 140.0'; thence S 63 °30' E a distance of 205.7' to a
point 10.0', measured radially, from the centerline of the Chicago Northwestern spur R. R. to the National
Alfalfa Mill; thence Northeasterly parallel to and 10.0' from the centerline of said R. R. as follows:
Course
N 73 °44'30" E
N 63 °31'00" E
N 55 °01'30" E
N 46 °50'00" E
N 39°23'30" E
N 30 °58'00" E
N 24 °06'30" E
N 19 °18'00" E
N 15 °04'30" E
N 13°28'00" E
N 11 °52'30" E
Distance
65.34'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
82.55'
to a point on the south line of Tax Lot 8 in Section 8- 18 -12; thence N 89 °00' W a distance of 40.95'; thence
S 87 °18'23" W a distance of 99.13' to the point of beginning, all in the NE 1/4 of the NE 1/4 of Section 7
T18N R12E and the NW1 /4 of the NW 1/4 of Section 8 T18N R12E of the 6 P.M., Washington County,
Nebraska.
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION:
BE IT RESOLVED the Mayor and the City Council of the City of Blair, Nebraska, that
the fees relating to the Blair City Tow Lot shall be and hereby are set as follows effective on July
1, 2004, to -wit:
ATTBST:
DESCRIPTION FEE
Towing $60.00
Daily Impound $15.00
Administrative Fee $25.00
COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT.
UPON ROLL CALL, COUNCIL MEMBERS SHOTWELL, FANOELE, STEWART, WOLFF,
BIFFAR AND ABBOTT VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING
"NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
ADOPTED THIS 25TH DAY OF MAY, 2004.
BRENDA R. TAYLOR / CITY CLERK
(SEAL)
RESOLUTION 2004 -23
CITY OF BLAIR, NEBRASKA
JA E. E. REALPH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified, and
acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution
was passed at a regular meeting of the Mayor and City Council of said City held on the 25th day
of May, 2004.
7/
B A R. T j AYLO' Y LERK
RESOLUTION NO. 2004- 24
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
Whereas, a number of citizens in the Blair and Washington County region have
expressed an interest in gaining access to the Missouri River for fishing, hunting, hiking,
and general recreational uses; and
Whereas, the Mayor and City Council for the City of Blair, Nebraska are
interested in pursuing public access to the Missouri River; and
Whereas, the area north of Blair is designated industrial /manufacturing on the
City's Comprehensive Plan Future Land Use Map; and
Whereas, the Mayor and City Council is desirous of developing the area as a
model demonstrating that people, industry, natural plants, wildlife, and fisheries can
develop and co -exist for the benefit of the general public; and
Whereas, the majority of land along the Missouri River is outside the city limits
of Blair in Washington County; and
Whereas, the Mayor and City Council for the City of Blair desires to request the
Washington County Board of Supervisors to participate with the City to gain public
access to the Missouri River; and
Whereas, the Papio Missouri River NRD has developed an area north of Blair city
limits known as California Bend as a fish and wildlife mitigation project; and
Whereas, the Mayor and City Council is interested in working with the
Washington County Board of Supervisors and Papio Missouri River NRD to explore the
feasibility providing public access to the river in the area north of Blair and particularly
the California Bend Area.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the City Administration is
hereby directed to work with the Washington County Board of Supervisors and the Papio
Missouri River NRD to explore the feasibility of providing public access to the river
north of Blair and particularly the California Bend project for public access for, and not
limited to, hiking, biking, jogging, and fishing, while preserving the availability of future
development in the general area.
BE IT FURTHER RESOLVED, that any plan for development include the
development of activities to make the area accessible for the enjoyment of the elderly and
handicap population.
This resolution is hereby adopted and approved by the municipality and the
Mayor and City Clerk of the City of Blair are hereby authorized and directed to execute
same on behalf of the municipality.
COUNCIL MEMBER FANOELE MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER
STEWART. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SHOTWELL,
FANOELE, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL
MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND APPROVED THIS 25 DAY OF MAY, 2004.
ATTEST:
BRENDA R. TAYLO , ' TY CLERK
(SEAL)
CITY OF BLAIR, NEBRASKA
E. REALPH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 25th day of May, 2004.
Bren.a R. Taylor, City Cle
4
BE IT RESOLVED BY the Mayor and City Council
(Governing Body)
Allen Schoemaker
(Name of Incumbent)
THAT
City Clerk
(Official PuSnion)
RESOLUTION NO 2004 -25
COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
STATE OF NEBRASKA
DESIGNATION OF APPLICANT'S AUTHORIZED REPRESENTATIVE
RESOLUTION
OF
the City of Blair, Nebraska
(Public Entity)
Director of Public Works
(Official Title)
Passed and approved this 22nd day of June XX 2004
James Re.alph, Mayor
(Name and Title)
(Signature)
Chief Executive Officer
(Sigrruurt
is hereby authorized
to execute for and • in behalf of the above public entity established under the laws of the State of Nebraska,
this application and to file it in the appropriate State office for the purpose of obtaining certain Federal /State
financial assistance under the President's Disaster Relief Fund (PL 93 -288) as amended, and the Governor's
Emergency Fund (R. R. S. 81-829.42).
THAT the City of BLair , a public entity established under the laws of Nebraska,
hereby authorizes its agent to provide to the State, all documents on matters pertaining to such a Disaster
assistance as may be required.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR.
UPON ROLL CALL VOTE, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL,
FANOELE, MCMANIGAL, WOLFF, ABBOTT AND VOTED AYE, AND
PASSED
N ON L JUNE B 22, 20f�� L ` DECLARED THE RESOLUTION
I, Brenda Taylor , duly apoointed and the City Clerk
(;Name)
(ride)
of Blair. Nebraska , do hereby certify that the above is a true and correct coy of the
(Public Entity)
resolution passed and approved by the City Council
(C„overnin t otJy) (11)c ?.n;i .:)
_ on the 22nd ,;t June Da 20.04
of the City of Blair
r. 1
The applicant hereby assures and certifies that he wilt comply with the FEMA regulations,
and FMC 74-4. as they relate to the application, acceptance and use of Federal funds for
respell to and as a condition for the grant that
- 1- It possesses legal-authority to apply for the grant, and to finance and construct
the proposed facilities that a resolution, motion or similar action has been duty
adopted or passed as an official act of the applicant's governing body,
authorizing the Ming of the application, including all understandings and
assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to ad in connection with
the application and to provide such additional information as may be required_
2. It will comply with the previsions of Executive Order 11988, relating to
Floodplain Management and Executive Order 11990, relating to Protection of
Wetlands.
3. tt will have sufficient funds available to meet the non - Federal share of the cost
for construction projects. Sufficient funds will be available when construction is
completed to assure effective operation and maintenance of the facility for the
purpose constructed.
4. It wilt not enter into a construction contract(s) for the project or undertake other
activities until the conditions of the grant program(s) have been met.
5. ft will provide and maintain competent and adequate architectural engineering
supervision and inspection at the construction site to insure that the completed
work conforms with the approved plans and specifications; that if will furnish
progress reports and such other information as the Federal grantor agency
rray need.
6. it will operate and maintain the facility in accordance with the minimum
standards as may be required or prescribed by the applicable Federal State
and local agencies for the maintenance and operation of such facilities.
7- It will give the grantor agency and the Comptroller General, through any
authorized representative, acoess to and the right to examine al( records,
books. papers, or documents related to the grant.
8. It will require the facility to be designed to comply with the 'American Standard
Specifications for Making Buildings and Facilities Accessible to. and Usable by
the Physically Handicapped,' Number A117.1 -1961, as modified (41 CFR 101-
17- 7031)_ The applicant will be responsible for conducting inspections to
insure compliance with these specifications by the contractor.
9. 11 wilt cause work on the project to be commenced within a reasonable time
after receipt of notification from the approving Federal agency that funds have
been approved and will see that work on the protect will be prosecuted to
completion with reasonable diligence_
10. 11 wit" not dispose of or encumber its title or other interests in the site and
facilities during the period of Federal interest or while fhe Government holds
bonds, whichever is the longer.
11. ft agrees to comply with Section 311, P.L. 93 -288 and with Tt(e V1 of the Civil
Rights Act of 1964 (Pee 83 -352) and in accordance with Title VI of the Act. no
person in the United States shaft, on the ground of race, color. or national
origin, be excluded from participation in, be denied the benefits of. or be
otherwise subjected to discrimination under any program or activity for which
the applicant receives Federal financial assistance and will immediately take
any measures necessary to effectuate this agreement if any real property or
structure is provided or improved with the aid of Federal financial assistance
extended to the Applicant, this assurance shall obligate the Applicant, or in the
case of any transfer of such property, any transferee, for the period during
which the real property or structure is used for a purpose for which the Federal
financial assistance is extended or for another purpose involving the provision
of similar services or benefits.
12. It will establish safeguards tc prohibit employees from using their positions for
a purpose that is or gives the appearance of being motivated by a desire for
private gain for themsefves or others: particularly those with whom they have
family. business, or other Pies.
13- it will comply with the requirements of Title 11 and Title III of the Uniform
Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L 91-
646) which provides for fair and equitable treatment of persons displaced as a
result of Federal and Federally assisted programs.
14. 11 will compfy with alt requirements imposed by the Federal grantor agency
concerning special requirements of law, program requirements, and other
administrative requirements approved in accordance with OMB Circular A -102.
P.L. 93 -288 as amended, and applicable Federal Regulations.
AUTHORIZED REPRESENTATIVE
Allen Schoemaker, Director of Public Works
APPLICANT ASSURANCES
policies, guidelines and requirements including OMB's Circulars No. A-95 and A -102,
this Federally- assisted project Also, the Applicant gives assurance and certifies with
15. It will comply with the provisions of the Hatch Ad which tirnit the political
activity of empbyees.
16. It will comply with the minimum wage and maximum hours provisions of the
Federal Fair Labor Standards Ad, as they apply to hospital and educational
institution employees of State and local governments.
17. (To the best of his knowledge and belief) the disaster relief work described on
each Federal Emergency Management Agency (FEMA) Project Application for
whidi Federal Financial assistance is requested is eligible in accordance with
the criteria contained in 44 Code of Federal Regulations, Part 206, and
applicable FEMA Handbooks. .
18. The emergency or disaster relief work therein described for whidi Federal
Assistance is requested hereunder does not or wiff not duplicate benefits
received for the same loss from another source.
19. tt will (1) provide without cost to the United States al lands, easements and
r;-sigh- of-way necessary for accomplishments of the approved wodc (2) hold
'.,eland save the United States free from''ifamages due to the`approved
- _Federal funding.
20. This assurance is :given in consideration -of and for •fhetpurgase- of
any and an Federal grants, loans, reimbursements, advances, contracts,
property, discounts of other Federal financial assistance extended after the
date hereof to the Applicant by FEMA, that such Federal Financial assistance
will be :extended in reliance on the representations and agreements made in
this assurance and that the United States shall have the right to seek judicial
enforcement of this assurance_ This assurance is binding on the applicant, its
successors, transferees, and assignees,and the,#aersorr.or- persons -whose
signatures appear on the reverse as authorized to sign this assurance on
behalf of the applicant
21. It will comply with the flood insurance poi - Chase requirements oTSeclion "T02(a)
of the Flood Disaster Protection Act of 1973, Public Law 93 -234, 87 Star_ 975,
approved December 31, 1973. Section 102(a) requires, on and after March 2.
1975, the purchase of flood insurance..ia.r snuuoitiesaVoere:_suchinsuuance
is available as a condition for the receipt of any Federal financial assistance for
construction or acquisition purposes for use in any area that has been
identified by the Director, Federal Emergency Management Agency as an area
having special flood hazards. The^etrase `federal' ni ua[ assisbe
includes any form of loan, grant, guaranty, insurance payment. rebate,
subsidy. disaster assistance ban or grant, or any other form of erect or
indirect Federal assistance.
22. ft will comply with the insurance requirements of Section 314, Pt 93 -288. to
obtain and maintain any other insurance as may be reasonable, adequate. and
necessary to protect against furthe floes -4e arty =propertytiethirti -was replaced,
restored, repaired, or constructed with this assistance.
23. If will defer funding of any projects involving..flexible fundigg_untrl GEMA makes
a favorable environmental clearance, if this is required.
24. It will assist the Federal grantor agency in its compliance with Section 106 of
the National Historic Preservation Ad of 1966, as amended, (16 US.C. 470),
Executive Order 11593, and the Archeological and Historic Preservation Ad of
1966 (16 U_S.C. 469a -1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of investigations. as necessary. to identify
properties listed in or eligible for inclusion in the National Register of Historic
places that are subject to adverse effects (see 36 CFR Part 800.8) by the
activity. and notifying the Federal grantor agency of the existence of any such
properties, and by (b) complying with alt requirements established by the
Federal orantor agency to avoid or mitigate adverse effects upon such
properties.
25. 1t will, for any repairs or construction financed herewith, comply with applicable
standards of safety, decency and sanitation and in conformity with applicable
codes. specifications and standards; and, will evaluate the natural hazards in
areas in which the proceeds of the grant or loan are tc be used and take
appropriate action to mitigate such hazards, including safe land use and
construction practices_
The State agrees to take any necessary action within State capabilities to require
compliance with these assurances and agreements by the applicant or to assume
responsibitity to the Federal government for any deficiencies not resolved to the
satisfaction of the Regional Director:
June 22, 2004
0PT
STATE ASSURANCES
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, Section 5 -404 of the Municipal Code of the City of Blair provides that the
governing body may by resolution prohibit or regulate parking on designated streets or parts of
streets.
WHEREAS, to provide traffic safety in the area, it is necessary to prohibit parking on the
North side of Washington Street from Fontanelle Blvd. West to 25 Street.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, that parking is prohibited on the North side of
Washington Street from Fontanelle Blvd. West to 25 Street.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF.
UPON ROLL CALL, COUNCILMEMBERS SHOTWELL, SCHEVE, STEWART, ABBOTT,
WOLFF, MCMANIGAL, FANOELE AND BIFFAR VOTING "AYE" AND COUNCIL
MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND APPROVED THIS 13 DAY OF JULY, 2004.
ATTEST:
BRENDA R. TAYLO
(SEAL)
CITY CLERK
RESOLUTION NO. 2004 - 26
CITY OF BLAIR, NEBRASKA
B
JA ' EALPH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR, 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 13th day of July, 2004.
BRENDA R. TAYLORTY CLERK
TO: Property Owners
FROM: Brenda Taylor, City Clerk
SUBJECT: No Parking along Washington Street
DATE: July 14, 2004
CIIY OF f3LAIQ
As a property owner along Washington Street from Fontanelle Boulevard
to 25 Street, this memo is being sent as a courtesy to inform you that at
the regular meeting of the Mayor and City Council on July 13, 2004,
Resolution No. 2004 -26 was adopted.
This Resolution has prohibited parking on the north side of Washington
Street from Fontanelle Blvd. to 25 Street for safety reasons. Therefore,
once the no parking signs are installed NO on- street parking will be
allowed on either side of Washington Street from 25 Street to Fontanelle
Boulevard.
..' "
218 South 16th Street • Blair, Nebraska 68008 • 402- 426 -4191 • Fax 402 - 426 -4195 • E -mail cityofblair @ci,blair,ne,us
890039123
104 .
200 '3
V 2455
Washington
890059157
2450
Lincoln
890059164
'890038647
2434
890039466
Ff}Yi18n
8900386
2401
e
j kLL Lu. ti
_litirA L act °WM
2429
Vilashingion
890059101
act 60,AwCil
\ Jam' 4616tAi
2408
Wa3lhingion
890039242
patud _cr,./v100)),.
s apv:t. ctadAe4
2403
Washington.
890059094
2402
Lincoln
890059108
Fontanelle
890038290
reAtkm
N
N
N
2371
Font inelle
890.0.39235
890039221
Iw GI . 1
PO
\f2Da
Washita ton St
210
Washington
890059087
2372
Linden
890059115
(�elnlOr��i�;
GtO
2364
Lfr don
890059122
89003922
;om A
V
2361
Washington
890059080
2377
890038227
890059129
2340
890048559
P cad"'
2347..
Washington �J
890059073 [
ahington
890059185
2338
Lincoln_
890059136
151
23rd.
890038192
890048524
133
23rd
2336
Fontanelle
890048552
890048531
121
890048545
2322
Foritrandie
890048538
101
2319
Waelhington
890059178
2324
I.innoin
8900591819005! an
T
.4'
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, Section 5 -404 of the Municipal Code of the City of Blair provides that the
governing body may by resolution prohibit or regulate parking on designated streets or parts of
streets.
WHEREAS, to provide traffic safety in the area, it is necessary to prohibit parking on the
North side of Washington Street from Fontanelle Blvd. West to 25 Street.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, that parking is prohibited on the North side of
Washington Street from Fontanelle Blvd. West to 25 Street.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF.
UPON ROLL CALL, COUNCILMEMBERS SHOTWELL, SCHEVE, STEWART, ABBOTT,
WOLFF, MCMANIGAL, FANOELE AND BIFFAR VOTING "AYE" AND COUNCIL
MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND APPROVED THIS 13 DAY OF JULY, 2004.
ATTEST:
(
BRENDA R. TAYLOR /C Y CLERK
(SEAL)
RESOLUTION NO. 2004 - 26
CITY OF BLAIR, NEBRASKA
BY C "\ ` /Li
JA IE, REAII�IAY
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR, 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 13th day of July, 2004.
i
'‘,/
BRENDA R. TAYLOR,
1
CLERK
TO: Property Owners
FROM: Brenda Taylor, City Clerk
SUBJECT: No Parking along Washington Street
DATE: July 14, 2004
CITY OF I3LAIQ
As a property owner along Washington Street from Fontanelle Boulevard
to 25 Street, this memo is being sent as a courtesy to inform you that at
the regular meeting of the Mayor and City Council on July 13, 2004,
Resolution No. 2004 -26 was adopted.
This Resolution has prohibited parking on the north side of Washington
Street from Fontanelle Blvd. to 25 Street for safety reasons. Therefore,
once the no parking signs are installed NO on- street parking will be
allowed on either side of Washington Street from 25 Street to Fontanelle
Boulevard.
218 South 16th Street • Blair, Nebraska 68008 • 402 - 426 -4191 • Fax 402 -426 -4195 • E -mail cityofblair@ci.blair.ne.us
890039123
164
220
1.0
N
VJ
2•50
Lincoln
890059164
2434
b7<shlogton
090039466
1 61 E. 4 j ak tit
»ca
,rn e adotA.'-
890038647
2423
Fonizartel1a
890038640
2401
Fortanslle
>a cinfitV) ,RspWA, �Y�Q�.
2455
N r iashriigtt n
890059157
2429
Wa hin9,fun
890059101
2385 �4\
Foniane0a
890038290
237
?-o;7fcmelle
890039235
2301
thing enttanelw
8 9 0 0 ngt2 890039221
890039242 /1� y� `� ,l V Cv
PO 60 Z g
;u
Washin _ton St
2402
L ne) zlCn
890059108
2372
ts'ich¢I
890059115
2364
890059122
2350
WaOinion
890039228 p�
.41'"F�/ V i 0
Paw& S ! va. to A
2403 2375 23
Washington Y at hington 'r tasrt sic ion
890059094 890059087 890059080
2372
i' onta: iL'
890038227
Je
pbtlf
2347
W4sh0ig6 n
890059073
890048524
Faon arena I
890048559
! 2327
Wa i €ng6m
890059185
2352
Linc01,i 2335
890059129 , - k
890059136
151
23d
890038192
2336
Fontanelle
890048552
890048531
121
23rd
890048545
2323
890048538
c. 0k,, p
2319
Lha'xe4h
890059178
2324
8900591iJ051
COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, Section 5 -404 of the Municipal Code of the City of Blair provides that the
governing body may by resolution prohibit or regulate parking on designated streets or parts of
streets.
WHEREAS, to accommodate school bus traffic on Nebraska Street, it is necessary to
prohibit parking on the North side of Nebraska Street from 10 Street to 14 Street.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, that parking is prohibited on the North side of
Nebraska Street from 10 Street to 14 Street during school hours to help accommodate school
bus traffic.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF.
UPON ROLL CALL, COUNCILMEMBERS SCHEVE, STEWART, SHOTWELL, FANOELE,
ABBOTT, WOLFF, MCMANIGAL AND BIFFAR VOTING "AYE" AND COUNCIL
MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND APPROVED THIS 13 DAY OF JULY, 2004.
ATTEST:
(SEAL)
z
BRENDA R. TAYLOR ITY CLERK
RESOLUTION NO. 2004 - 27
CITY OF BLAIR, NEBRASKA
REALPH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR, 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 13th day of July, 2004.
41.1: 7
BRENDA R. TAYLOR, C
CLERK
RESOLUTION NO. 2004 - 28
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the State of Nebraska Department of Roads has submitted a proposed
Agreement for resurfacing of US Highway 75 from the south corporate limits to Lincoln Street in
Blair.
WHEREAS, the Agreement between the City of Blair, Nebraska and the State of
Nebraska Department of Roads for the resurfacing or US Highway 75 from the south corporate
limits
to Lincoln Street in Blair designated Project No. RD- 75- 3(1019) SCN 22158 are acceptable to the
Mayor and City Council.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the Agreement between the City of Blair, Nebraska
and the State of Nebraska Department of Roads which has been presented to the City Council, is
hereby accepted and adopted by the City of Blair, Nebraska. Said Agreement is attached hereto as
Exhibit A and is fully incorporated herein by reference.
BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair,
Nebraska are hereby authorized and directed to execute said Agreement on behalf of the
municipality.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE.
UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE,
ABBOTT, WOLFF, MCMANIGAL AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS
NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION
PASSED AND APPROVED THIS 13 DAY OF JULY, 2004.
ATTEST:
/Ze.
BRENDA R. TAYLOR, C .' Y CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
JA E REALPH, MAYOR
BRENDA R. TAYLOR, 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 13th day of July, 2004.
B1NDA R. TAYLOR, CIT
"'
ERK
AGREEMENT
PROJECT NO. RD -75- 3(1019), STATE CONTROL NO. 22158
CITY OF BLAIR
STATE OF NEBRASKA, DEPARTMENT OF ROADS
FISCAL YEAR 2005 RESURFACING PROJECT
SELECTED HIGHWAYS
THIS AGREEMENT, made and entered into by and between the City of Blair, 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 City and the State to maintain the urban extensions of
State Highways in a favorable condition for the general public. Because of increased traffic and
general deterioration of the roadway, some of the streets require resurfacing work. It is hereby
agreed that the City and State join in resurfacing work on Selected Highways, and
WHEREAS, the State for its Fiscal Year 2005 construction program has programmed
$200,000.00 for the resurfacing of various State highways in Blair, and
WHEREAS, this resurfacing shall consist of: Profile Existing Surface and Asphalt Surface
Course.
NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows:
SECTION 1. The City agrees to prepare specifications, take bids, award contracts, provide the
necessary inspection to insure the performance is within specification requirements and
maintain sufficient records to fully document locations and actual costs of work performed.
The City further agrees that final inspection of the work shall be by the State and only that
work which is deemed satisfactory shall be eligible for payment by the State.
The City also agrees that the State's share of the cost of the work shall be limited only to
the actual construction cost of accepted work based on the lane responsibilities of the City and
the State at the locations described in Section 3 herein.
SECTION 2. The State agrees to participate in 100 percent of the actual construction cost only
of work approved and accepted. Construction engineering is not included in the above
construction cost. The maximum monetary amount which the State will provide for their share
of the actual construction costs is $200,000.00.
SECTION 3. The specific location of the highway for which resurfacing is authorized, within the
$200,000.00 limit is as follows:
Highway US -75 from the south corporate limits to Lincoln Street in Blair.
NO4O5
SECTION 4. Upon completion of the work described herein, the City shall provide to the State
certification that the work has been performed according to specifications and shall furnish a
summary and supporting pay estimates of actual costs of work performed in the specific areas.
These items shall be submitted to the Department of Roads through the District 2 Office in
Omaha.
The State agrees to make payment to the City for 95 percent of the State's share of the
actual eligible construction costs within thirty (30) days after inspection and approval of the work
by the State's District Engineer and the subsequent receipt of the City's billing. The final
payment of the State's share will be made after the State's cost audit of City records have been
made to verify actual costs.
SECTION 5. 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 (Reissue 1988).
SECTION 6. The City shall maintain all books, documents, papers, accounting records and
other evidence pertaining to costs incurred and shall make such material available at its office at
all reasonable times during the contract period and for three (3) years from the date of final
payment under this agreement; such records to be available for inspection by the State, and
copies thereof shall be furnished by the City if requested.
SECTION 7. Nothing said or implied to the contrary, the State's maximum share of the actual
costs under this agreement shall not exceed $200,000.00.
Project No. RD- 75- 3(1019) - 2 -
City of Blair
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their proper officials thereunto duly authorized as of the dates below indicated.
EXECUTED by the City this /3 day of . 200V.
ATTEST: CITY OF BLAIR
rr�,6 /1. 1\,k/
City Clerk Ma or --
AGRC1 -DB
EXECUTED by the State this Z` 111 day of —.114A t . 20 0
Project No. RD- 75- 3(1019) - 3 -
City of Blair
STATE OF NEBRASKA
DEPARTMENT OF ROADS
District Engin,e r
1
/d,ir �dL.G�
0 O 4 0 5
RESOLUTION NO. 2004 -29
COUNCIL MEMBER ABBOTT INTRODUCED THE RESOLUTION AS FOLLOWS:
RESOLUTION APPROVING THE CREATION OF AN INTERLOCAL AGREEMENT WITH THE
COUNTY OF WASHINGTON IN THE STATE OF NEBRASKA TO ENABLE THE CREATION OF
THE WASHINGTON COUNTY PUBLIC SAFETY COMMUNICATIONS AGENCY.
WHEREAS, Washington County, Nebraska and various providers of emergency services within
Washington County, consisting of the County Sheriff Department and other local law enforcement
entities; city, village, rural and suburban fire districts; and, school districts, public works departments
and other political subdivisions and agencies, have need for updated emergency communications
services operating with currently available technology and providing interoperability;
WHEREAS, the threat of weather disaster, national disaster, motor vehicle and other accident
circumstances warrant the procurement, construction, acquisition and installation of a countywide
emergency communications system;
WHEREAS, the County of Washington proposes to be the political entity to lease a
comprehensive and state -of -the -art high frequency level emergency communications system available to
all qualified political subdivisions and entities in Washington County and to network with emergency
communications systems in proximity with Washington County, with the State of Nebraska and other
entities; and
WHEREAS, it is necessary to utilize current state law to create under an interlocal cooperation
agreement, a qualifying agency to procure such emergency communications system and that to form
such agency, to be known as the Washington County Public Safety Communications Agency, it is
necessary that two or more political subdivisions enter into agreement to form said Agency for the
creation of a countywide communications system;
NOW THEREFORE BE IT RESOLVED, that the City of Blair, Nebraska, finds and determines
it to be desirable and in the best interests of the City of Blair to enter into an interlocal agreement, with
terms and conditions as shall be finalized at a future date, and subject to final approval of the Mayor and
City Council of the City of Blair;
AND BE IT FURTHER RESOLVED, that this Resolution constitutes a resolution of intent to
pursue the creation of the Washington County Public Safetv Communications Agency. and upon
submission of the final form of the proposed interlocal cooperation agreement, a draft copy of which is
appended hereto, the Mayor and City Council of the City of Blair shall propose for consideration at a
meeting of the said City Council at a regular or special meeting called for that purpose, final review and
adoption of an interlocal cooperation agreement, said agreement being subject also to review and
approval as to form and content by the City's legal counsel.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL
CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, MCMANIGAL,
WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING
"NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED
THIS 13 DAY OF JULY, 2004.
WashcolnterlocalAgree2004- Blair. DOC
ATTEST:
b.- /),Z%1
BRENDA R. TAYLOR, CLERK
[SEAL]
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
W a s h co l n ter to ca lAgree2004 -B la ir. DOG
CITY OF BLAIR, NEBRASKA
BY
JA ES E. REALPH, MAYO -
BRENDA R. TAYLOR, 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 13 day of July,
2004.
BRE - A R. TAYLOR, CITY CORK.
•
INTERLOCAL COOPERATION ACT AGREEMENT
CREATING THE
WASHINGTON COUNTY PUBLIC SAFETY COMMUNICATIONS AGENCY
TA
THIS AGREEMENT is made this as of the day of
, 2004,
by and among Washington County, Nebraska, the City of Blair, Nebraska, the City of
Fort Calhoun, Nebraska, the Village of Arlington, Nebraska, the Village of Herman
Nebraska, the Village of Kennard, Nebraska, and the Village of Washington, Nebraska,
hereinafter collectively referred to as "Members."
CREATION OF THE PUBLIC SAFETY COMMUNICATIONS AGENCY
Pursuant to Sections 13 -801 to 13 -827 of R.R.S. Neb. 1943, as amended (the
"Interlocal Cooperation Act "), the Members hereby create a joint entity which shall be
named the Washington County Public Safety Communications Agency (the "Agency ")
and shall constitute a separate body corporate and politic under the provisions of the
lnterlocal Cooperation Act. The Agency shall be subject to control by the Members in
accordance with the terms of this Agreement. The governing body of each Member
shall have approved this Agreement by resolution. A certified copy of each approving
resolution shall be kept on file at the Agency's office. The Agency's existence shall
commence upon the execution of this Agreement on behalf of at least two Members.
II.
PURPOSES
The purposes of the Agency are as follows:
(a) To make efficient use of the powers of the Members by enabling them to
cooperate with each other on a basis of mutual advantage and thereby provide services
and facilities in a manner and pursuant to forms of governmental organization that will
accord best with geographic, economic, population and other factors influencing the
needs and development of the local communities.
2
r
(b) To provide or contract for the acquisition, finance, construction and
operation of a public safety communications system to provide emergency and public
safety communications in Washington County, including communication services
related to law enforcement, fire management, medical services, road maintenance
services, school transportation services, public utilities, homeland security services, and
emergency and disaster relief services.
III.
ORGANIZATION
(a) Advisory Members. The City of Blair, the City of Fort Calhoun, and the
Villages of Arlington, Herman, Kennard, and Washington, shall be non - voting members
of the Agency. Each City and Village shall by resolution appoint a non - voting
representative to the Agency's governing body. Any such representative may be either
an elected public official of the non- voting member or an employee of such non- voting
member with responsibility or familiarity with public safety matters. The resolution of
appointment shall take effect upon filing of a certified copy of such resolution at the
Agency's office.
(b) Governina Body. The governing body of the Agency shall be the Board of
Supervisors of Washington County (the "Board ").
(c) Voting. Each member of the Board shall have one vote.
(d) Quorum. A majority of all members of the Board shall constitute a quorum
for the transaction of any Agency business.
(e) Officers. The Chairman of the Washington County Board of Supervisors
shall be the Agency's Chairman. The County Clerk of Washington County shall be the
Agency's Secretary. The County Treasurer of Washington County shall be the
Agency's Treasurer.
(f) Meetinas and Notice. Meetings of the Agency's governing body may be
called in the same manner and on the same notice as meetings of the Washington
County Board of Supervisors.
(g) Aaencv Leaal Counsel. The Washington County Attorney shall be the
Agency's legal counsel.
IV.
DURATION
The Agency shall have a life of twenty -five (25) years, commencing with the date
hereof; provided, however, if after bonds have been issued by the Agency and retired
prior to such termination date and any and all other contractual obligations of the
Agency have been satisfied, this Agreement and the existence of the Agency may be
terminated at the option of the Agency's governing body.
3
V.
INITIAL MEMBER CONTRIBUTION /SERVICE AGREEMENT
Washington County shall contribute all costs necessary to fund the
establishment, organization and initial operating expenses of the Agency and hereby
agrees to enter into a service agreement with the Agency as provided by the Public
Safety Communications Act and any amendments thereto in order to provide amounts
payable with respect to debt service on bonds to be issued by the Agency to pay all or a
portion of the costs of a public safety communications system.
VI.
POWERS
The Agency shall have such powers as are allowed by the Interlocal Cooperation
Act, and any amendments thereto, and the Nebraska Public Safety Wireless
Communication System Act, Sections 86 -401 to 86 -419 of R.R.S. Neb. 1943, as
amended (the "Public Safety Communications Act "), including, but not limited to, the
powers:
(a) to sue and be sued;
(b) to have a seal and alter the same at pleasure or to dispense with the
necessity thereof;
(c) to make and execute contracts and other instruments necessary or
convenient to the exercise of its powers, including service agreements as provided by
the Public Safety Communications Act and any amendments thereto;
4
(d) from time to time, to make, amend, and repeal bylaws, rules and
regulations, not inconsistent with the Interlocal Cooperation Act and this Agreement, to
carry out and effectuate its powers and purposes;
(e) to make all necessary rules and regulations governing the use, operation
and control of a public safety communications system;
(f) to establish just and equitable rates or charges for the use of the public
safety communications system, any property or equipment associated therewith, or any
services provided in connection with said system;
5
(g) to purchase, plan, develop, construct, equip, maintain and improve a
public safety communications system, including the lease or acquisition of real estate or
rights therein by gift, grant, purchase or condemnation, as necessary for the
construction and operation of such a system;
(h) to acquire, hold, use and dispose of the any reserves derived from the
operation of a public safety communications system;
(i) to acquire, hold, use and dispose of other personal property for the
purposes of the Agency;
(j) to provide public safety communications services within Washington
County and in coordination with adjacent counties and the State of Nebraska;
(k) to make or cause to be made engineering studies and surveys necessary
or useful and convenient to carrying out the functions of the Agency;
(I) to contract with and compensate consultants for professional services
including, but not limited to, architects, engineers, planners, lawyers, accountants, and
others found necessary or useful and convenient to the stated purposes of the Agency;
(m) to provide for a system of budgeting, accounting, auditing and reporting of
all Agency funds and transactions, for a depository, and for bonding of employees;
(n) to consult with representatives of Federal, State and local agencies,
departments and their officers and employees and to contract with such agencies and
departments for services and equipment as needed for the public safety
communications system;
(o) to exercise such other powers as are available under the then existing law
of each Member;
(p)
6
to borrow money, make and issue negotiable bonds, certificates, bond
anticipation notes, refunding bonds and notes, all in accordance with Sections 13 -808
through 13 -824 of the Interlocal Cooperation Act, and any amendments thereto, and to
secure the payment of such bonds, certificates, refunding bonds and notes or any part
thereof by a pledge of any or all of the Agency's net revenues and any other funds or
property which the Agency has a right to, or may hereafter have the right to pledge for
such purposes;
(q) to provide in the proceedings authorizing such obligations for remedies
upon default in the payment of principal and interest on any such obligations, including,
but not limited to, the appointment of a trustee to represent the holders of such
obligations in default and the appointment of a receiver of the Agency's property, such
trustee and receiver to have the powers and duties provided for in the proceedings
authorizing such obligations;
(r) to receive payments for the use of the public safety communications
system and associated equipment and property;
(s) to hire employees, fix their compensation, benefits, personnel rules and
regulations, and terminate their employment;
(t) to employ a manager which may be a political subdivision or other entity
or person and which may exercise such of the Agency's powers as shall be determined
by contract and as determined by the Board from time to time; and
(u) to borrow money and accept grants, contributions, property or loans from,
and to enter into contracts, leases, or other transactions with Municipal, County, State,
or the Federal Government, including any Member.
VII.
TECHNICAL COOPERATION FROM MEMBERS
The Members agree to respond to reasonable requests to make information
available to the Agency or its manager for the purposes of this Agreement, and to
assure that any engineers and consultants hired by the Members release to the Agency
materials, data and other items pertinent to this Agreement.
VIII.
BUDGETING
The Board shall prepare a budget based on a fiscal year ending for the
operation of the Agency, the same to be adopted by the Board no later than of
each year.
IX.
NOT FOR PROFIT
It is expressly understood that the Agency is a public body and is to be operated
not for profit, and no profit or dividend will inure to the benefit of any individual.
7
County.
X.
DISSOLUTION
Upon dissolution of the Agency, all assets shall be distributed to Washington
Xl.
MANNER OF ACQUIRING AND HOLDING PROPERTY
The Board may lease, purchase, or acquire by any means, from a Member or
from any other source, such real and personal property as is required for-the operation
of the Agency and for carrying out of the purposes of this Agreement. The title to all
such property, personal or real, shall be held in the name of the Agency.
All conveyances of real property owned or held in the name of the Agency shall
be authorized by resolution of the Board and executed by the Chairman on behalf of the
Agency.
XI1.
AMENDMENT OF AGREEMENT
This Agreement may be amended upon approving resolutions adopted by the
governing body of each Member that approved this Agreement.
8
Cooperation Act Agreement by their respective duly authorized representatives.
THE COUNTY OF WASHINGTON, IN THE STAVE) OF NEBRAS A
Supervisor
IN WITNESS WHEREOF, the parties hereto have executed this Interlocal
Supervisor
PTV «K
Date of Execution: !O , 2004
9
ape or
Supervi
sor
CITY OF BLAIR, NEBRASKA
M •.t or
Attest
bail //
City Clerk
Date of Execution:
f
2004
10
Mayor
City Clerk
Date of Execution:
CITY OF FORT CAI NOUN, BRASKA
Attest:
/L2iJwj
, 2004
11
VILLAGE OF KENNARD, NEBRASKA
airptrson
Attest:
d 2,-) o;
'Village Clerk '
Date of Execution: Je / 9>(e,,,A 7 , 2004
14
VI OF AR GTON, NEBRASKA
Chairperson
Attest:
Village Clerk .
Date of Execution: L 1.5 , 2004
12
-6
VILLAGE OF HERMAN, NEBRASKA
Chairperson
Attes
I age Clerk
Date of Execution
, 2004
13
VILLAGE OF WASHINGTON, NEBRASKA
Attes
hairperson
age Clerk
Date of Execution:
DOCS/617768.4
Alt✓ 7 , 2004
15
RESOLUTION NO. 2004 - 30
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, Section 5 -404 of the Municipal Code of the City of Blair provides that the
governing body may by resolution prohibit or regulate parking on designated streets or parts of
streets.
WHEREAS, on July 13, 2004, the Mayor and City Council adopted Resolution No.
2004 -26 prohibiting parking on the North side of Washington Street from Fontanelle Blvd. West
to 25 Street,
WHEREAS, the Mayor and City Council, after further review, has determined that it is
not in the best interest of the City of Blair and its residents to prohibit parking on the North side
of Washington Street in said location.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, that parking will be allowed on the North side of
Washington Street from a point 100' West of the intersection of Washington Street and
Fontanelle Blvd., West to 25 Street.
COUNCIL MEMBER MCMANIGAL MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF.
UPON ROLL CALL, COUNCILMEMBERS SCHEVE, SHOTWELL, FANOELE, ABBOTT,
WOLFF AND MCMANIGAL VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING
"NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
APPROVED THIS 27 DAY OF JULY, 2004.
CITY OF BLAIR, NEBRASKA
BY
JA S EALPH, MAYOR
ATTEST:
BRENDA R. TAYLOR, ¢D'I'Y CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR, 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 27th day of July, 2004.
.'7„,ZW 4Z,
BRENDA R. TAYLOR, CT 4 LEI K
RESOLUTION NO. 2004 - 31
COUNCILMEMBER BIFFAR INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Papio - Missouri River Natural Resources District has proposed to the
City of Blair, Nebraska that it desires to hire Landmark Services, Inc. to construct the jointly
owned 1,000,000 gallon water reservoir as part of the Washington County Rural Water System
No. 2.
WHEREAS, the proposal of the Papio - Missouri River Natural Resources District to hire
Landmark Services, Inc., to construct the 1,000,000 gallon water reservoir, is acceptable to the
Mayor and City Council of the City of Blair.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the proposal of the Papio - Missouri River Natural
Resources District to hire Landmark Service, Inc. to construct the jointly owned 1,000,000
gallon water reservoir, is hereby approved by the City of Blair, Nebraska.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL,
FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING AYE AND
COUNCIL MEMBERS NONE VOTING NAY, THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AND APPROVED THIS 10 DAY OF AUGUST,
2004.
—1—
CITY OF BLAIR, NEBRASKA
BY�,.��
JAN F $. REALPH, MA
ATTEST:
BNDA R. TAYLOR, CI LERK
(SEAL)
STATE OF NEBRASKA
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR, 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 10th day of August, 2004.
BRENDA R. TAYLOR,
CLE
August 2, 2004
Mr. Dick Sklenar
Papio - Missouri Natural Resources District
8901 South 154` Street
Omaha, NE 68138 -3621
Subject: Washington County Rural Water System No. 2
Elevated Storage Tank
HGM Project No. 71613
Bid Recommendation
Dear Mr. Sklenar:
Bids were received on July 28, 2004 for the construction of the proposed water storage
tank for Washington County Rural Water System No. 2. Three bids were received. A
copy of the bid tabulation is attached.
The contractors were allowed the option to bid an all steel structure or composite tank.
The composite tank has a concrete pedestal and a welded steel bowl. All three
contractors bid the composite tank and one contractor bid the all steel tank.
We recommend the contract for the water tower be awarded to the low bidder, Landmark
Structures Inc., in the amount of $1,377,000.00. The bid by Landmark is slightly higher
than the Engineer's opinion of costs. However, in our opinion, the bids were extremely
competitive and the results would be very similar if the project were rebid.
Sincerely,
HGM Associates Inc.
kris J. Koen , P.E.
Project Manager
Attachment
Mr. Allen Schoemaker, City of Blair
hgm
ASSOCIATES INC.
5022 S. 114TH STREET, SUITE 200, OMAHA, NEBRASKA 68137 (402) 346 -7559, FAX (402) 346 -0224
640 FIFTH AVENUE, P.O. BOX 919, COUNCIL BLUFFS, IOWA 51502 (712) 323 -0530, FAX (712) 323 -0779
TABULATION OF BIDS
Project: Washington County Rural Water No. 2
Washington County, Nebraska
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Descri ption
Site rading
Embankment in Place
24" RCP Cl. 111
15" RCP Cl.
48" Diameter Manhole
24" RCP Flared End Section
6" PC Concrete
Connect to Existing 12" Pipe
12" PVC C900, DR 18
Silt Fence
Seeding
Rock Surfacing, 1 1/2" Rock
Elevated Storage Tank - Composite
Elevated Storage Tank - Steel
'Engineer's Opinion of Probable
Construction Cost
Date of Letting: July 28, 2004
Time of Letting: 11;00 a.m.
Location: Papio- Missouri River NRD
HGM Project No. 71613
TOTAL:
1,510.00
60.00
667.00
1.00
19.30
2.00
35.00
1.00
60.00
200.00
1.10
400.00
1.00
Estimated
Quantities
LS
CY
LF
LF
EA
VF
EA
SY
EA
LF
LF'
AC
TN
LS
81,360,431.45
Landmark
Fort Worth, TX
Unit I Total
Price Price
2,461.00 1 2,44 .0
2.00
30.00
20.001
2,000.00 I
345.00
400.00 1
29.00
125.50
32.00 I
3.00 1
600.00
14.00
1,337.000.00
1,377,000.00
3,020.00
1,800.00
13,340.00
2,000.00
6,658.50
800.00
1,015.00
125.50
1,920.00
600.00
660.00
5,600.00
1,337,000.00
Caldwell Tanks
Louisville, KY
Unit I Total
Price Price
ri •„
0.60 I 1,86 _ 6 . 2,0
2.30 3,473.00
30.00 1 1,800.00 1
20.00 1 13,340.00 1
2,000.00 I 2,000.00 I
350.00 1 6,755.00
500.00 I 1,000.00
30.00 1,050.00 I 30.00
200.00 200.00 1 346.00
30.00 1,800.00 I 35.00
3.00 600.00 1 3.00
1,000.00 1,100.00 1 1,000.00
15.00 6,000.00 15.00
1,468,482.00 1,468,482.00 1 1,334,500.00
1,560,082.00
1,509,400.00
CB &I Constructors
Clive. IA
Unit
Price
2.50
35.00
22.00
2,000.00
350.00
500.00
Total
Price
0.00
3,775.00
2,100.00
14,674.00
2,000.00
6,755.00
1,000.00
1,050.00
346.00
2,100.00
600.00
1,100.00
6,000.00
1,334,500.00
1,378,000.00
1101 ASSOCIATES INC
5022 South 114th Street, Suite 200
Omaha, NE 68137
AVERAGE
UNIT
PRICE
.;
2.27
31.67
20.67
2,000.00
348.33
466.67
29.67
223.83
32.33
3.00
866.67
14.67
1,379,994.00
HIGH
UNIT
PRICE
2,461 do
2.50
35.00
22.00
2,000.00
350.00
500.00
30.00
346.00
35.00
3.00
1,000.00
15.00
1,468,482.00
LOW
UN IT
PRICE
1,80 1.11
2.00
30.00
20.00
2,000.00
345.00
400.00
29.00
125.50
30.00
3.00
600.00
14.00
1,334,500.00
Page 1 of 1
PROJECT: 1.0 MG Composite Elevated Tank
City of Blair, NE
NTP Sept. 1, 2004
SUBSTANTIAL COMPLETION 390 days - Sept. 25, 2005
ACTIVITY
Engineering & Submittal
Mobilize
Foundation
Pedestal
Dome Floor
Mechanical / Mtso, Iron
Tank Erect - pre -hoist
Paint —pre-hoist
Tank Erect - post hoist
Paint - post -holst
Electrical & instrumentation
Utility
Finish out (Slab, valves, piping, etc
Second Floor
Commission (Tank on line)
CONSTRUCTION SCHEDULE
2004 2005
- UNE
18 30 J ULY
AUGUST SEPTEMBER OCTOBER NOVEMBER ( D R ECEMBE JANUARY FEBRUARY( MARCH APRIL MAY AUGUST SEPTEMBER OCTOBER
h T S � � .,
x 8 '1122 22 '8 8 0 3 + 11 31 7 14 28 14 28 ,,11 t 8g� 121 9 . ! , 15 5 21' 29 ;;` 12 28 3 10 11 1
?�6 13 27` 11 2 1 7 4 tiu C4 �. } �� �� ' l .�.
AMENDMENT NO. 2 TO
LOTTERY OPERATOR AGREEMENT
THIS AMENDMENT NO. 2 to Lottery Operator Agreement (this "Amendment ") is
made and entered into this Nth _day of August , 2004, by and between the City of
Blair, Nebraska, a municipal corporation, hereinafter referred to as "City," and Blair's Big Red
Lottery Services Ltd. (flea Blair's Big Red Keno, Ltd.), a Nebraska limited partnership,
hereinafter referred to as "Contractor."
RECITALS
WHEREAS, City currently has a Lottery Operator Agreement with Contractor, as the
operator of a Keno -style lottery in Blair; and
WHEREAS, City has entered into the Lottery Operator Agreement with Contractor for
the operation of said Keno game pursuant to the Lottery Operator Agreement, the municipal
ordinances of the City of Blair and the statutes of the State of Nebraska; and
WHEREAS, the Lottery Operator Agreement expires on September 2, 2004 unless
extended or renewed upon mutual agreement of City and Contractor; and
WHEREAS, City and Contractor wish to extend the Lottery Operator Agreement, to
expire on April 2, 2009; and
WHEREAS, City and Contractor wish to amend the contract in order to define the rights
of City and Contractor in the event of any expanded gaming opportunities which might become
available in the future;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties do hereby agree as follows:
1. The term of the Lottery Operator Agreement between the parties is hereby extended
for an additional five (5) years, and shall expire on the 2n day of September, 2009.
2. The following new section 29 is hereby added to the Lottery Operator Agreement:
29. EXPANDED GAMING. If during the term of this Agreement, there is any
change or expansion in the type or nature of gaming allowed to be conducted or
authorized by the City, beyond that which is contemplated by this Lottery
Operator Agreement, including but not limited to the operation of slot machines,
and the City chooses to have such gaming, the City agrees to offer Contractor or
an affiliate of Contractor approved by the City the right to operate that expanded
gaming for the remainder of this Agreement or a minimum of three years, so long
as Contractor or its approved affiliate:
a. Is not in breach of this Agreement;
b. Can be licensed by the State of Nebraska to operate the changed or
expanded gaming; and,
c. Agrees to terms approved by the City Council by resolution. The parties
agree to enter into good faith negotiations toward mutually agreeing
upon such terms. To the extent permitted by law, such terms shall
provide for distributing a portion of the gaming proceeds to the City and
for City Council approval of gaming sites.
Good faith negotiations shall commence upon the City providing the Contractor
with initial proposed terms and written notice to commence negotiations. For 120
days following Contractor's receipt of this notice, the City shall not offer the
right to operate the expanded gaming to any other person.
After 120 days from Contractor's receipt of notice to commence negotiations, the
City shall have the right to enter into non - exclusive contracts to operate such
gaming with any bidder selected through a Request for Proposals process. The
terms of any contract entered into with a bidder shall be no more favorable and
no less restrictive to the bidder than those offered to Contractor. Contractor shall
have the right to submit a bid under this process. Before the City accepts a bid
with more favorable or less restrictive terms to the bidder, those terms shall be
offered to the Contractor.
This Section 29 shall not preclude the City from exercising any authority it may
have to prohibit or refuse to permit the expanded or changed gaming within the
City.
DATED as of the day and year first written above.
ATTEST: CONTRACTOR:
fitness
ATTEST:
City Clerk Brenda T
Uri.. 11/
BLAIR' S BIG RED
LOTTERY SERVICES LTD.
a Nebraska limited partnership
By: Blair's Big Red Lottery Services Inc.
as managing 1 partner
By:
Title: Pres tSeM G Eo
City:
BLAIR, NEBRASKA ..
a municipal corporation
By:
Title: Jame - REalph, MayoZ� --
COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLTUION:
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA, TO APPROVE AN EXTENSION OF THE LOTTERY
OPERATOR AGREEMENT WITH BLAIR'S BIG RED LOTTERY SERVICES LTD.
WHEREAS, the Municipality currently has a Lottery Operator Agreement with
Blair's Big Red Lottery Services Ltd. of Omaha, Nebraska ( "Contractor "), as the operator
of a Keno -style lottery in Blair; and
WHEREAS, the Municipality has entered into this agreement with the Contractor,
for the operation of said keno game pursuant to the contract, the municipal ordinances of
the City of Blair and the statutes of the State of Nebraska; and
WHEREAS, the Lottery Operator Agreement expires on September 2, 2004,
unless extended or renewed upon mutual agreement of the Municipality and the
Contractor; and
WHEREAS, the Contractor wishes to extend the Lottery Operator Agreement, to
expire on September 2, 2009, and to provide for certain other contract changes pursuant
to an Amendment No. 2 to Lottery Operator Agreement;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and the City Council of
the City of Blair, Nebraska, that Amendment No. 2 to Lottery Operator Agreement is
hereby approved and adopted and should be executed upon a form approved by the City
Attorney.
ATTEST:
PASSED AND APPROVED this 10th day of August • 200$4.
CITY OF BLAIR, NEBRASKA
RESOLUTION 2004 -32
CITY OF BLAIR, NEBRASKA
Mayor James R
COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLTUION:
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA, TO APPROVE AN EXTENSION OF THE LOTTERY
OPERATOR AGREEMENT WITH BLAIR'S BIG RED LOTTERY SERVICES LTD.
WHEREAS, the Municipality currently has a Lottery Operator Agreement with
Blair's Big Red Lottery Services Ltd. of Omaha, Nebraska ( "Contractor "), as the operator
of a Keno -style lottery in Blair; and
WHEREAS, the Municipality has entered into this agreement with the Contractor,
for the operation of said keno game pursuant to the contract, the municipal ordinances of
the City of Blair and the statutes of the State of Nebraska; and
WHEREAS, the Lottery Operator Agreement expires on September 2, 2004,
unless extended or renewed upon mutual agreement of the Municipality and the
Contractor; and
WHEREAS, the Contractor wishes to extend the Lottery Operator Agreement, to
expire on September 2, 2009, and to provide for certain other contract changes pursuant
to an Amendment No. 2 to Lottery Operator Agreement;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and the City Council of
the City of Blair, Nebraska, that Amendment No. 2 to Lottery Operator Agreement is
hereby approved and adopted and should be executed upon a form approved by the City
Attorney.
ATTEST:
PASSED AND APPROVED this 10th day of August , 20024.
CITY OF BLAIR, NEBRASKA
RESOLUTION 2004 -32
City Clerk
k Brenda Ta
CITY OF BLAIR, NEBRASKA
Mayor _ ames Realph
THIS AMENDMENT NO. 2 to
made and entered into this 10th day
Blair, Nebraska, a municipal corporation,
Lottery Services Ltd. (flea Blair's Big
hereinafter referred to as "Contractor."
AMENDMENT NO. 2 TO
LOTTERY OPERATOR AGREEMENT
Lottery Operator Agreement (this "Amendment ") is
of Auzust 2004, by and between the City of
hereinafter referred to as "City," and Blair's Big Red
Red Keno, Ltd.), a Nebraska limited partnership,
RECITALS
WHEREAS, City currently has a Lottery Operator Agreement with Contractor, as the
operator of a Keno -style lottery in Blair; and
WHEREAS, City has entered into the Lottery Operator Agreement with Contractor for
the operation of said Keno game pursuant to the Lottery Operator Agreement, the municipal
ordinances of the City of Blair and the statutes of the State of Nebraska; and
WHEREAS, the Lottery Operator Agreement expires on September 2, 2004 unless
extended or renewed upon mutual agreement of City and Contractor; and
WHEREAS, City and Contractor wish to extend the Lottery Operator Agreement, to
expire on April 2, 2009; and
WHEREAS, City and Contractor wish to amend the contract in order to define the rights
of City and Contractor in the event of any expanded gaming opportunities which might become
available in the future;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties do hereby agree as follows:
1. The term of the Lottery Operator Agreement between the parties is hereby extended
for an additional five (5) years, and shall expire on the r day of September, 2009.
2. The following new section 29 is hereby added to the Lottery Operator Agreement:
29. EXPANDED GAMING If during the term of this Agreement, there is any
change or expansion in the type or nature of gaming allowed to be conducted or
authorized by the City, beyond that which is contemplated by this Lottery
Operator Agreement, including but not limited to the operation of slot machines,
and the City chooses to have such gaming, the City agrees to offer Contractor or
an affiliate of Contractor approved by the City the right to operate that expanded
gaming for the remainder of this Agreement or a minimum of three years, so Jong
as Contractor or its approved affiliate:
a. Is not in breach of this Agreement;
b. Can be licensed by the State of Nebraska to operate the changed or
expanded gaming; and,
c. Agrees to terms approved by the City Council by resolution. The parties
agree to enter into good faith negotiations toward mutually agreeing
upon such terms. To the extent permitted by law, such terms shall
provide for distributing a portion of the gaming proceeds to the City and
for City Council approval of gaming sites.
Good faith negotiations shall commence upon the City providing the Contractor
with initial proposed terms and written notice to commence negotiations. For 120
days following Contractor's receipt of this notice, the City shall not offer the
right to operate the expanded gaming to any other person.
After 120 days from Contractor's receipt of notice to commence negotiations, the
City shall have the right to enter into non - exclusive contracts to operate such
gaming with any bidder selected through a Request for Proposals process. The
terms of any contract entered into with a bidder shall be no more favorable and
no less restrictive to the bidder than those offered to Contractor. Contractor shall
have the right to submit a bid under this process. Before the City accepts a bid
with more favorable or less restrictive terms to the bidder, those terms shall be
offered to the Contractor.
DATED as of the day and year first written above.
ATTEST: CONTRACTOR:
witness
ATTEST:
This Section 29 shall not preclude the City from exercising any authority it may
have to prohibit or refuse to permit the expanded or changed gaming within the
City.
4 11/41A1
BLAIR'S BIG RED
LOTTERY SERVICES LTD.
a Nebraska limited partnership
By: Blair's Big Red Lottery Services Inc.
as managing _i;;�1 partner
By:
Title: 1'ree kt.eM f G :c
City:
BLAIR, NEBRASKA
a municipal corporation
By: i_
City Clerk Brenda Ta j'r Title: Qa ae „Realph, Mayo
RESOLUTION 2004- 33
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council have been presented with an Easement
between the City of Blair and Mark Robison, a copy of said Easement being attached
hereto, marked Exhibit A; and,
WHEREAS, the City of Blair is in agreement with the terms and conditions of
said Easement.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the easement attached hereto
and marked Exhibit "A" and incorporated by this reference herein, is hereby accepted and
adopted by the City of Blair, Nebraska.
BE IT FURTHER RESOLVED that the Mayor and City Clerk of the City of
Blair, Nebraska are hereby authorized and directed to execute on behalf of the
Municipality any documents that may be necessary for approval of said easement.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL
MEMBER WOLFF. UPON ROLL CALL, COUNCIL MEMBERS STEWART,
SCHEVE, FANOELE, WOLFF, ABBOTT AND BIFFAR VOTING "AYE ", AND
COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AND ADOPTED THIS 24TH DAY OF
AUGUST, 2004.
CITY OF BLAIR, NEBRASKA
r
MES E. REALPH, MAYS.
1
ATTEST:
BR NDA R. TAYLOR, CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 24th day of August, 2004
BRENDA R. TAYLORtt1'Y CLERK
2
f ,01
STATE OF NEBRASKA Ct.3.1 Y OF v A$tilNDTON)8S
ENTERED IN NUMERICAL INDEX AND FILED FOR RECORD
THIS 3)si {SAY AD, 20..0-V
AT 11; 0(.12-O'CLOCK ...&._.V AND RECORDED IN ROOK
..,AT Flab f 5 J 5 m ,
COUNTY CLERK ..�' n ncr� 1
DEPUTY
Become
General
Numerical
Photostat
Prooteo
EXHIBIT "A"
1 5 4
EASEMENT
04 AUG 31 0111:06
0-411aTt3tGjttY
This Agreement made this 24th clay of August, 2004, by and between the City of
lair,
Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor ", and Mark Robison,
hereinafter referred to as "Grantees ".
In consideration of One Dollar and other mutual covenants contained herein, the Grantor
does hereby grant to the Grantees a right of way easement in the following described real estate:
That area being 12.5 feet in width adjoining Lots 5, 6, and 7 in Pleasant Valley
Subdivision in the City of Blair, Washington County, Nebraska, as shown on the
attached map marked as Exhibit `B"
for the sole purposes of paving right of way for vehicular parking and access to building for
vehicle maintenance
No modifications of such parking and access area shall be made without specific
authorization in writing from the Grantor consenting to such modifications.
This easement shall continue until such time as the Grantor desires to terminate same.
Such termination may be with or without cause and shall be in the sole and absolute discretion of
the Grantor. The Grantor shall give notice in writing of such termination not less than fifteen
(15) days prior to such termination which such notice may be given to the Grantees by regular
United States mail, postage prepaid. In the event and at such time of the termination of this
easement, the Grantees shall remove such
paving at their own expense. It is specifically understood and agreed that the Grantor shall not
be liable to the Grantees for any damages whatsoever upon termination of this easement.
331;0
The Grantees further hereby agree to save harmless and indemnify the Grantor from any
and all claims, causes of action, damages, injuries, or any other liabilities of any nature or kind
whatsoever, which may arise from any reason whatsoever as a result of the construction,
maintenance, and the placement of such improvements on municipal right of way. Such
indemnification and save harmless shall apply not only to the Grantees but shall apply as well to
any claims, causes of action, damages, injuries, or any other liabilities of any nature or kind
sustained by any third parties, persons, or any other entities which such claims or causes of
actions may be brought against the municipality. Such indemnification and save harmless shall
apply not only to such damages and injuries, but shall specifically include but not be limited to
attorney fees and reasonable cost of defense of any such claims. Such indemnification and save
harmless shall further specifically include but not be limited to any damages to municipal
property including the right of way, grades, drainage structures, ditches, roadways, water lines,
sewer mains or any other municipal property as the result of the construction of said paving and
the Grantees shall further be liable to the municipality for any attorney fees, expenses, or other
expenses incurred in recovery of such damages.
This easement may not be assigned by the Grantees and the rights under this easement
shall not run with the land but shall tetininate upon conveyance of the property adjacent to such
right of way which is owned by the Grantees.
CITY OF BLAIR, NEBRASKA
A MUNICIPAL CORPORATION
BY
Jame ay,_;;.
!4
/ . r
Grantee Grantee
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
Before me, the undersigned, a Notary Public in and for said county and state, personally
came James Realph, Mayor of the City of Blair, Nebraska, a Municipal Corporation, to me
known to be the identical person who signed the above and foregoing Easement as Grantor and
acknowledged the execution thereof to be his voluntary act and deed on behalf of said Municipal
Corporation.
WITNESS my hand and seal this .. 0 day of August, 2004.
l N OARY - Stiff of RENDA R. TAYLOR
yCom.Exp.June20,20. — otary Public
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
Before me, the undersigned, a Notary Public in and for said county and state, personally
came Mark Robison, to me known to be the identical persons who signed the above and
foregoing Easement as Grantees and acknowledged the execution thereof to be their voluntary
act and deed.
Lir HWY - d
R
BRENDA R. TAYLO
My Corm. 6�. June 20, 20
R
WITNESS my hand and seal this 30 day of August, 2004.
i La /
Public
a.J
aeb/-
•.%
Lv 5
Ivo
D
I •
EX hi. l 11 )1 151 ' - 30'
4•1 Z
8 q
1.1
t5
t
3
I APPROVED 131%
kg:
JO
.• .
McCLEAU,'
CONSTRUCTION COMPANY
•
1035 COUNTY RD. T. FREMONT, NE 81315 ; PHONE 402-
. .1np-kcywri
COUNCIL MEMBER BIFFAR INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, may by
resolution establish water use fees.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, THAT the water disconnection fee for customers of
the municipal water system are set forth on Exhibit "A" attached hereto and incorporated by this
referenced herein; provided further, that all such fees shall become effective to the customers on
October 1, 2004.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, FANOELE, WOLFF,
ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING
"NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND
APPROVED THIS 24TH DAY OF AUGUST, 2004.
ATTEST:
B ENDA R. TAYLOR, ' CLERK
(SEAL)
RESOLUTION NO. 2004 - 34
CITY OF BLAIR, NEBRASKA
BY
JA E. REALPH, MA R
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting
City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was
passed at a regular meeting of the Mayor and City Council of said City held on the 24th day of
August, 2004.
2
BRENDA R. TAYLOR, CIT�/CLERk
EXHIBIT "A"
Working Hours After Hours
First time for disconnection for non - payment $25.00 $40.00
Second and subsequent time for disconnection within 3 years $35.00 $50.00
3
COUNCILMEMBER BIFFAR INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, a special public hearing was held as required by law to hear and consider
comments concerning the property tax request for the current year for the City of Blair, Nebraska;
and
WHEREAS, it is in the best interests of the City of Blair that the property tax request for
the current year be a difference amount than the property tax request for the prior year.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA,
BY A MAJORITY VOTE, RESOLVES THAT:
(1)
(1)
RESOLUTION NO. 2004 - 35
The combined property tax request for the City of Blair for the fiscal year
beginning October 1, 2004, be set at $.356608 per one hundred dollars of valuation
for the City of Blair, Nebraska.
Included within the combined levy set forth in Section 1 hereinabove, is the
property tax request for the Airport Authority for the City of Blair, for the fiscal
year beginning October 1, 2004 which said levy is set at $.013055 per one hundred
dollars of valuation for debt service; and
(1) The City Clerk shall certify and forward a copy of this resolution to the
County Clerk prior to October 1, 2004.
COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER SHOTWELL.
UPON ROLL CALL, COUNCILMEMBERS SCHEVE, SHOTWELL, WOLFF AND ABBOTT
VOTING "AYE ", AND COUNCILMEMBERS STEWART, FANOELE, MCMANIGAL AND
BIFFAR VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION
PASSED AND ADOPTED THIS 14TH DAY OF SEPTEMBER, 2004.
CITY OF BLAIR, NEBRASKA
Bzkl - �.
JAE E. REALPH, MAYOR
ATTEST:
BRNDA R. TAYLOR, C
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
)ss
)
BRENDA R. TAYLOR, 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
duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on
the 14th day of September, 2004.
2
BRENDA R. TAYLOR, Y CLERK
COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair, Nebraska held a public hearing on September 14, 2004
concerning an Application to the Department of Economic Development for a Community
Development Block Grant; provided further, that from the information received from the public
hearing, the City of Blair proposes said funds to be used for the study of its storm water sewer
system within a blighted area in the City of Blair, Nebraska.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the Mayor is hereby authorized to execute and deliver
all applications or other documents necessary to request Community Development Block Grant
Funds from the Department of Economic Development for the State of Nebraska in the amount of
$25,000.00 for the study of its storm water sewer system within a blighted area in the City of Blair,
Nebraska.
COUNCILMEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER FANOELE.
UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE,
MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE ", AND
COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AND ADOPTED THIS 14TH DAY OF SEPTEMBER,
2004.
ATTEST:
(SEAL)
BRENDA R. TAYLOR, CLERK
RESOLUTION NO. 2004 - 36
CITY OF BLAIR, NEBRASKA
JAMES E. REALPH, MAYOR
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
BRENDA R. TAYLOR, 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
duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on
thel 4th day of September, 2004.
2
DA R. TAYLOR, Y CLERK
APPLICATION .FOR PLANNING. CAPACJTYBUILDING. AND COMMUMTYORGANIZI'NG
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
Nebraska Department of Economic Development (DED)
PART L GENERAL INFORMATION
TYPE OR PRINT ALL INFORMATION
Local Government
Contact
Telephone #
Fax Number
Federal ID #
Email
Address
City of Blair, Nebraska
218 S. 16th Street
Cry} State, Blair, Nebraska 68008
Allen Schoemaker
( 402 ) 426 -4191
( 402 ) 426 -4195
47- 6006106
ars @ci.blair.ne.us
3 1 t QPN+ NT: R Y
Panning U Community OrganizIng
❑ Capacity Budding
OtitOft
0 Joint (List other applicants in box #7)
Area to be served (city, county, region, etc cl
Legislative District 18
Pistrict 2
Study of the storm sewer collection system, drainage, and waterways used for
drainage all located within a blighted area of Blair, Nebraska_
blceroli VPI
drily authorized by the govern* body of the =Ocala fallowing on official public heariAg This appracant writ comply with all Wend and sane requi=nents govaning the use of MIX
funds
Typed Name and Title
Typed Name Title '
1
[1� IC: SQ1«Ail
sa
CD I Fu�s
R
Other Funds
Total Project Funds
2004
) 426 -4195
47- 6006106
ars @ci.blair.ne.us
S 25,000
$ 8,166
33,166
1)I.A) t� [1 ON
Application Number
04-PP-
Date Received
Application Date
Name Allen Schoemaker
Address 218 S. 16th Street
City, State, Blair, Nebraska 68008
Telephone ( 402 ) 426 - 4191
Fax ( 402
Federal
ID/SS#
Remit
Address
Application Preparer (Check one)
[] Local Staff 0 Out -of -State Consultant
❑ In -State Consultant 0 Non -Profit Organization
f Economic Development District
Storm sewer, drainage, and waterway
study in blighted area of Blair, NE
dam n h . rnp.t�n(
Date Signed
Date Signed
Planning and Planning for Capacity Building and Community Organizing
PART II: FUNDING SUMMARY (ROUND AMOUNTS TO THE NEAREST HUNDRED DOLLAR .%)
0630
Planning/Capacity/
P
0180 Total Non - Administration
0181 General Administration
1000 TOTAL PROGRAM COSTS
Note: Please make sure your math is correct!
Clarification for the above activities should be directed to DED.
*NATIONAL OBJECTIVE: : Enter single most appropriate national objective code for each activity.
List application page number or numbers for source/narrative documentation: 32 -33.
Refer to Part III Project Description, Item 7 National Objectives page 10 and Section 2.01, pages
LMA: Benefit Low/Moderate Income Persons on an area basis. Census Data % or income survey _%
LMC: Benefit Low/Moderate Income Persons on a limited clientele basis
SBA: Activities benefiting slums/blight on an area basis (Planning only)
SBS: Activities benefiting slums/blight on a spot basis (Planning
ACCOMPLISHMENT:
(P) = Proposed number of people benefiting
REFER TO PART 111 PROJECT DESCRIPTION, rI EM 7 NATIONAL OBJECTIVE
PART III. PROJECT DESCRIPTION AND IMPACT
Refer to the instructions for the specific information that must be included
PART W. PROJECT BUDGET
Refer to the instructions for the specific information that must be included.
PART V. REQUIRED EXHIBITS
Refer to the instructions for the specific information that must be included.
Submit the original and two conies of the application form and all application materials.
PAGES MAY BE TWO -HOLE PUNCHED AT TOP, BUT DO NOT BIND. FOLD OR STAPLE.
2
24,500 8,166
Funds
Other itunds
city
3 2, 6 6 6 Bu
24,500 8,166 32,666 „ r t � y ,e- f -._-.—
500 500
i 25, 000 8,166 33,166 fit __.
CDBG SUBMISSION CHECKLIST — TABLE OF CONTENTS FOR PLANNING
Applicants must complete and submit this checklist with the application. Type in additional appendix items as deemed
necessary to your project. List appropriate page numbers under PAGE NUMBER column.
A separate checklist for Community Oreanizine and Caoacitv Building follows.
PROJECT INFORMATION PAGE NUMBER
Part IQ Item 1— Problem Statement 4
Part III Item 2 — Impact 6
7
Part III Item 3 — Strategy
Part III Item 4 —National Objective Impact
Part III Item 5 — Leveraged Funds 9
Part III Item 6 — Work Plan/Budget/Evaluation
10
Part III Item 7 — National Objective 12
Part IV — Project Budget 13
Part V — REOUIRED EXHIBITS
A. Notice of Public Hearing 14
B. Authorizing Resolution Endorsing Project 15
C. Statement of Assurances and Certifications 16
D. Residential Antidisplacement & Relocation Assistance Plan 19
E. LMI Documentation 20
I F. Procurement Process (narrative provided by anniicant) 21
Please use the lanLuaffe verbatim in each exhibit Incorrect language may cause a delay in application review and award. if
successful Also. nrovide the bracketed information as requested in each exhibit. The omission or incomplete description as
reauested in bracketed text may cause a delay in application review and awards.
ATT CHEM N S 22
Attachment 1— 3bght/Substandard Area Map
Attachment 2 — Resolution No. 2002 -1 23
Attachment 3 — Resolution No. 2002 -12
28
Attachment 4 — Ordinance No. 1391 32
Attachment 5 — Scope of Urban Drainage Study
35
3
Part ®, Item I Problem Statement
In 2002, the City of Blair, Nebraska contracted with Hanna - Keeelan to undertake a study of an
older area of Blair to determine whether all or part of the area called Redevelopment Area #1
qualified as blighted and substandard. Designated as a project development "sub area" in the
1996 Blair Comprehensive Plan, Redevelopment Area #1 consists of the Blair Central Business
District and adjacent, older residential areas.
The evaluation performed by Hanna - Keelan included a detailed exterior structural survey of
1,087 facilities within the Redevelopment Area, a parcel -by- parcel land use inventory, a
reconnaissance of the entire area, conversations with the City of Blair staff, and a review of
pertinent reports and documents containing information that could substantiate the existence of
substandard conditions. Of the four substandard factors set forth in the Nebraska Community
Development Law, one is present to a reasonable extent and three are present to a stronger, more
significant extent. Of the twelve blighting factors set forth in the Nebraska Community
Development Law, three are present to a strong extent, eight are present to a reasonable, but
more limited extent, and one is of little or no presence.
After considerable citizen input, a Redevelopment Plan was prepared by Hanna Keelan, which is
to serve as a guide for implementing redevelopment activities. The Redevelopment Plan suggests
methods to eliminate the blighting conditions and to enhance private development activities
within the Redevelopment Area. The Plan suggests several planning and redevelopment actions,
including the improvement of public infrastructure to better serve portions of the area that have
aged and/or experience other condition problems.
As stated in the 2002 Redevelopment Plan prepared by Hanna - Keelan, "The major infrastructure
concerns in the Redevelopment Area are street improvements, sidewalks, and the need for
improvements to underground water, storm water, and sanitary sewer systems." Currently, the
City of Blair is conducting a study on the sidewalks and sanitary sewer systems.
4 Part III, Item 1: Problem Statement
The Blight and Substandard Determination Study indicated that, "The redevelopment area lacks
a storm water system, and thus the area is subject to periodic flooding. As these systems continue
to age during the next 10 to 20 years, maintenance and repair may become an increasing
problem." It is necessary to establish a storm water system that meets current standards and that
can withstand heavy rains in order to prevent residential and street flooding.
The Blair City Council:
✓ declared the redevelopment area as blighted and substandard, and;
✓ approved the Redevelopment Plan
5 Part III, Item 1: Problem Statement
Part II, Item 2: Impact
A Redevelopment Plan was prepared and adopted for 900 acres in the City of Blair, Nebraska.
One -third of the area is streets and alleys and 30 percent of the area is residential. Considerable
citizen input was received during the study. The plan included several recommendations on
storm sewer, drainage, and waterways so that more information is available for public
infrastructure improvements.
The final report of the proposed study included recommendations to reduce, and hopefully,
eliminate slum and blighting conditions in the Blair Redevelopment Area.
6 Part III, Item 2: Impact
Part PH, Item 3: Strategy
The proposed study will review the conditions of the present storm sewer, drainage, and
waterways within the blighted area as well as consider the need for storm sewers and drainage in
areas where they do not now exist. If storm sewers do not exist, it will be determined if there is a
need. Improvements will be prioritized and classified as the degree of need of improvement. The
study includes the analysis of alternatives to decrease the frequency of overland flooding.
7 Part M. Item 3: Strategy
Part ID, Item 4: National Objective Impact
The Blight Study and Redevelopment Plan undertaken in 2002 indicated several blighting
conditions were caused by the inadequate infrastructure of the water distribution system, sewer
distribution system, storm sewers, drainage, and inadequate sidewalks. Studies are underway to
thoroughly examine the conditions of sidewalks, water and sewer distribution in the
redevelopment area. The proposed study will examine the condition and recommendations for
improving the drainage and storm sewer system so that the community can proceed with making
the necessary improvements within the blighted of all underground municipal utilities in a
coordinated effort and plan.
The Redevelopment Plan was prepared and adopted for 900 acres in the City of Blair Nebraska.
One third of the area is streets ands alleys and 30 percent of the area is residential. Considerable
input was received during the blighted study and more citizen input will be received during the
proposed study. The study will include recommendations for necessary improvements to the
storm sewer and drainage systems.
The final report of the proposed study will include recommendation to reduce and hopefully
eliminate slum and blighting conditions in the Blair Redevelopment Area.
8 Part III, Item 4: National Objective
Impact
Part II, Item 5: Lever Funds
The local funds in the amount of $8,166 will be provided by the City of Blair and included in
the municipal budget.
9 Part III, Item 5: Leveraged Funds
Part Bl, Item 5 Work Plan /Budget/Evaluation
1 MAIM STUDY
❑ Receive notice -to- proceed for project Month one
❑ Initial kickoff meeting with city to refine scope and schedule Month one
❑ Background investigations
✓ Drainage basin maps
✓ Drainage system maps
✓ Previous studies Month one
❑ Update watershed basin map Month one
❑ Existing runoff calculations
✓ 5 and 10 -year storms for storm sewers
✓ 50 and 100 -year storms for waterways Month two
❑ Future runoff calculations Month two
❑ Flood mitigation
✓ Field survey critical locations
✓ Detailed hydraulic analysis
✓ Floodplain delineation
if Evaluation of mitigation alternatives
✓ Prepare mitigation study report
✓ Respond to FEMA comments
Month four
❑ Existing conveyance system
✓ Calculate existing capacities
✓ Calculate future capacities
✓ Identify deficiencies Month four
❑ Review options for detention/retention Month four
❑ Review system alternatives Month four
10 Part III, Item 6: Work Plan/
Budget/Evaluation
❑ Identify permitting requirements Month four
❑ Develop recommended improvements alternatives Month four
❑ Develop cost estimates for alternatives Month four
❑ Prepare and submit study report Month five
The proposed CDBG planning project will be monitored and evaluated by the Mayor, members
of the Blair City Council, the Blair Planning Commission, the Blair Redevelopment Authority,
and the local administrative staff. Citizens and other stakeholders will also evaluate the planning
project. The scope of the Urban Drainage Study is included as Attachment 5.
11 Part III, Item 6: Work Plan/
Budget/Evaluation
Part IN, Item 7: Nate Objectiu
The proposed project meets the national objective of addressing slums and blight. The 900 -acre
area was designated as blighted and substandard by the Blair City Council. A Community
Redevelopment Agency has been created and is available to assist with the financing of the
public improvements in the study area. The designation occurred after a blighted study was
undertaken by Hanna - Keelan Community Planners of Lincoln. Exhibit E is not necessary for this
project.
12 Part III, Item 7: National Objective
Part IV: Prot Budget/Sehedule
The entire proposed budget will be used for fees associated with a consultant or subconsultants
undertaking a study of the 900 -acre blighted area. The proposed study will include a review of
the conditions of the storm sewers, drainage, and waterways in the blighted area. Kirkham
Michael Consulting Engineers provided the estimated cost of the study.
The project would begin immediately after the announcement of the available funds. An engineer
would be selected to conduct the study. A public bid opening will be held in 2005 and the bid
awarded to the most responsible bidder. Two employees of the City of Blair are certified grant
administrators and will provide grant administration should this CDBG Planning Grant be
approved.
The infrastructure study will be completed within one year after appropriate parties execute the
contracts. Planning activities will need to be completed in a timely fashion to meet the funding
deadlines of various state and federal funding sources. The proposed time -frame of the CDBG
Planning Program will coincide with the objective of the project to ensure community and
economic development activities are planned to eliminate slum and blighting conditions.
13 Part IV: Project Budget /Schedule
NOTICE OF PUBLIC HEARING ON APPLICATION FOR
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
NOTICE IS HEREBY GIVEN that on (date) in the City Hall, the City of Blair will hold a public
hearing concerning an application to the Department of Economic Development for a
Community Development Block Grant. This grant is available to local governments for
community development activities.
The City of Blair is requesting $25,000 for the study of the storm sewer, drainage, and
waterways within a blighted area in Blair.
The grant application will be available for public inspection at the City Hall. All interested
parties are invited to attend this public hearing at which time you will have an opportunity to be
heard regarding the grant application, Written testimony will also be accepted at the public
hearing scheduled for (time), (date), 218 South 16 Street. Written comments addressed to
Brenda Taylor will be accepted if received on or before (date)
Individuals required physical or sensory accommodations including interpreter service, Braille,
large print, or recorded materials, please contact Brenda Taylor at 218 South 16 Street, 402-
426 -4191 no later than (date).
14
EXHIBIT A
Whereas, the City of Blair, Nebraska, is an eligible unit of a general local government authorized
to file an application under the Housing and Community Development Act of 1974 as Amended
for Small Cities Community Development Block Grant Program, and,
Whereas, the City of Blair, Nebraska has obtained its citizens' comments on community
development and housing needs; and has conducted public hearing(s) upon the proposed
application and received favorable public comment respecting the application which for an
amount of $25,000 for the study of the storm sewer, drainage, and waterways within a blighted
area in Blair, Nebraska; and,
NOW, THEREFORE, BE IT RESOLVED BY
City Council of Blair, Nebraska, that the Mayor, James Realph, be authorized and directed to
proceed with the formulation of any and all contracts, documents, or other memoranda between
the City of Blair and the Nebraska Department of Economic Development so as to effect
acceptance of the grant application.
Signed
Title
Date
RESOLUTION AUTHORIZING CHIEF ELECTED OFFICIAL TO SIGN AN
APPLICATION FOR CDBG FUNDS
15
EXHIBIT B
APPLICANT'S STATEMENT OF ASSURANCES AND t..mitkiikiCATIONS
The City of Blair Openers:* hereby a suasaes and certifies to the Nebraska Department of
Economic DeveloPment reganfing an apps for Com! Development Block Grant (tom) binds, the fogy
THRESHOLD CERTIFICATIONS
1. Them are no significant unresolved audit findings relating to any prior grant award from the federal and/or state
government that would adversely affect the administration of this grant.
2. Na legal actions am underway or being contemplated that would sigiaititardiy its the App ants capadty to effectively
administer the program, and to AM the CMG program; and
3. No project costs have been incurred that have not been approved in writing by the Department
FEDERAL CO1iPUANCE CERTIFICATIONS
4. It will adopt and know a residerigal anti -dam and retocadon assistance plan that will minimize displacement as a
remake/ a dividers assisted with CDBG fiords.
5. It la conduct and administer its programs in conformance with:
a. Tice VI of the Civil Rights Act of 1984 (Pitt. L. 88482), nerd the regulations issued pursuant ih o (24 CFR Paint 1).
b. life VIII of the Civil Rights Act of 1968 (Pub. L. 90- 284 as amended, administering all wigs= and activNies
ruing tai housing and arnmunIty development in a manner to a afthavefively tether fair housing. and will take aeon
to albstredivety hither ter housing in the sale or rental of housing. the lesen ig of housing and the provision of
brokerage services.
c. The Fah- Housing And of 1988 (42 USC 3601-20) and will affirmatively tether fair housing.
6. it will not attempt to recover any caplet ads of publc i . assisted in whole or part by assessing any amount
against properties owned and occupied by persons of lout- and Including army fee charged or
assessment made as a condition of obtaining access to such perdue knpronrernents, unless (1) grant funds me used to pray
the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed
from revenue sources other than grant funds, or(2) for purposes of assessing any amount against ham owned and
occupied pieed by persons of Like who am not persons of very-low income, the recipient cedillas as to the state that it lades
sew grant fiords to comply with the reminunents edam (1).
7. It variti comply with all provisions of Title I of the Housing and Community Development Act of 1974, as amended, which
have not been cued previously as well as with other apple taws.
CITIZEN PARTICIPATION PLAN CERTIFICATION
& it cornea that a deed citizen pack:Mon plan is on Me which includes:
a. Providing and encouraging cinzen pion with particular emphasis on perfidy/dim by lower income persons
who am residents of skim and btigit awes in which funds are proposed too be used to include target areas as
identified it the application.
b Providing citizens with reasonable and timely access to local mee&sgs. infonnation. and records misting to the
Applies proposed and as haul use (*Sind&
c. Furnishing citizens with Corr, inducting but not Sinned to, the amount of CDf8G feeds expected to be made
available for the current fiscal year. inducting CDBG feuds and anticipated program imam the range of senates
that may be undertaken with CDBG f the estimated amount of COBG funds to be used for activfiles that varill
meet national abjedive of benegt to low- and people, and the proposed CDBG activities likely to
rest in displacement and the grantee's a aatd- displacemerd and reloca on plans.
d. Providing techrdcal assistance to groups representative of persons of low and moderate income that request such
assistance it developing worms. The level and type of assistance is to be wed within the plan.
e. Providing for pubk hearings, for the purpose of obtaining emir's viewrs and responding to proposals anad questions-
The hearings must cover community development and housing needs, development of proposed actives and a
review of program performance. There must be reasonable notice of the hearings and the0r must be held Meares and
locations convenient to poterdrl or actual beneficiaries, with accommortagons for the handicap. Pedniic hearings am
to be conducted in a manner to meet the needs of non- English speaking nesidents where a significant number of non-
English speaking residents can be expected to participate.
L Providing dens with reasonable advance notice ol; and opportimily to imminent on, proposed activities in the
application to the state and for grants already made, activities that are added to. deleted or substantially changed
from the application to the stem.
16
walnut C
a Jiff 111Xa
LI
(SV6t
sw_V d uuo3Wn i
- g'21'23) 905z 01 tI ZfiL'1ti1S 'Ag21'83N ` ue a - ' d a 01. � 0 i
91.1.1 Pug an Liar `5Z! 01901 6961. � loV PO � i
(6'86! 'ddn9 '9'23} 7Z 11.-9L 01 61,1 9L "1ViS 'A321 ' B �! all Pus (0E9P
s'n zi►) PaPOst"b' SV '6261. 401 seloN WIPPtaY Aliedoid teem 99614 InV slusulPugwV BuisooH
PaPusuiV eV tbse 19 `109£ 'o's'n zi 9961. JO PV WAN No e113 111/1 MU 1792 Niel 3114 i
PePu�'d Sb'1►LSt 30
-WA a941A4 u 0O pus Bt sn0l'1 e4110 (2X8)1701. uoipaS i
SNOISWAO l (INV SCRIVONV.S ONrsnoH NAM
[(n)1.0L1- 'o'S'n Z!l 99611 VA/ lusulWeftea usgin pue euisnoti aii10 £ uoijBS i
sm0H 141 i
TV Pueled all se MOM � `(0)9/ n 2 'o - s ol+ 8176 7BiS op) PePeeerd
e-9LZ - o - s - n op) Pte' BY '1�+ "6^e i
sid `' tea 'Cl. aunt at1{ 30 =Z uol4uaS PBS X +9-B91 6 - SV 8£61.3 1 S
1048'1 ABA ( le `zot '3'S'n 6z) P6Pu�V NIP 011. S i
papuat l sb► Ida 1�V luaud016^6Ci SUayONV1S /100V1
uogsmasaid H i
i
(£1761. 'S't r) Z£51.-1.8 04 1.091 -l8 '1V19 - nazi - ESN � lA � i
{•1 s 19 ' `1.969' '23'3 Z i N13o :8261. `1►Z �W `886!! TWO i
( - x'29692' 23'3 Z1►} 1 poom i
s' 9961.1 s� 01uB'S Pug RIM ei l i
{ s'le'lLZ1. "o'S'n 91.) (UAL `Z1. �(� '9990P-099017 i
a'3 PP Pug ale Purls Pug rep ' ^'3'!5 lied 1143 t�z) s is
sase3 en3 ls! Vd3 i
sV '9961301 1 u013etn.NOdo eJP9M Pee tis13 awl, i
{bas la `299 uo S'o "S'n 91.) `PBPu V elms 1e `11:169 u011
2am0se 1 all A4 �
eV '0 a1seM PIPS eta i
"3'S'n Zq) 926! 3 �� (-bas 18 `1.9Z1. u '3 "S•n ££) ZtZ-z6 Mel
papuae►V eV 7./.611 10 low u 110110d ABM IBUsPe3 intl.
�4nd `tts1. 1 M X13 6th S - o`S'n zs) (a )wp1. uolpes htileFlOnried 'PePuateV
Se 61+'£ u 0'S'11 Pug - bas le 14)00£ 'I0 S - o - s - n zvl vim. JO Pv istsm 6uppoa ers all
PL61- 1 ueltelussald 0P0P11-1 Pug
eta MI PTV sb `(t-e 6917'3'S'n 91.) 9 u09 tbas le '69{►'3'S'n 91.) 0961- 1010Y 96BAPS SB1 eqj i
( -bas le `1.£9! 'o'S'n 91.) PsPugugi SY 3o 1W sePedS PEusBusPu3 0 1.1. i
( - la 4 1.oZo - o - s - n) ' La1.1° 1 v k3 0d uopapid g A
(-bas la 'tow_ - o - s'n zp)
(85 lied 2133 pZ P bas 1e 'MP uollosS o -S'n zi►) 8961 1 ►It fi IslusuluallAu3 tZ le Pee%
�eW3oAl0gll i
suoge 11 6'1 941 pus (1.£8t►'o - S'n zP)1f � �d 1U Palma
pew► sV ' *L61. 1010Y lttetudo191aa ,Hurl te Pus §u
uoO !�iOH WOOL L u090 3S i
I
S 81AONd �► sativativ ys "1
(Lo! lied 2133 PZ) 6=1. l8PJO 9141 MI PaixisulY BY `E901.1-101/10 etujgasx3 i
PaPusluV eV '9/+21.4 TWO eAWPszora i
PV kfflestO sV `£L$1.301� ��?# aU4 301705 u011 i
4111.1+ sc►e tetuV an Peg WI. 3 "S'n 6Z} SV ' 9L61.10 Pi uo i 91 '
CUP -1-a `1.01.9 '3'S'n ay) PaP �A ;o 60! uO�aS i
PeP� eV 'PL61. 1010Y 1Btemitu°3 Pus
(! lied 2133 pZ) (lam Is '(P -o zs.) P961101 WAN MO 6*910 IA . 'Z� IMO
�IS O8d a n g i ld ivnoa ONV � " --
�aY�V� iul U SBP 9`41 01 quiled all Se : 34 ` � ag Poe `( 4 P 1ui1 s lou �.Pnl l) 01.91m 2333 trZ
9411 l sat veld �
4 �• 6 Ne'1� 'P1.61. 1 � A �� x411 WA `6
Pus +� ul swell a 'tu�0x1 94830 �l saotivanssv QNV Sth 1V133dS
- Ip en a wisp � S � iec�unu e ' eta. eup ttud -6
pue �ueneu6 pus �
CITY OF BLAIR, NEBRASKA
RESOLUTION NO. 20024
A RESOLUTION BY THE MAYOR AND D PORTIONS OF CITY ® BLAIR,
WASHINGTON cowry, NEBRASKA,
BLAIR TO BE BLIGHTED AND SUBSTANDARD
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, it is desirable and in the public interest that the City of Blair, Nebraska, a
municipal ...J..,
undertake and carry out redevelopment projects in areas of the City which
are determined to be substandard and blighted and in need of redevelopment and
WHEREAS, Chapter 18, Article 21, Nebraska Reissue Revised Statute of 1943, as
amended known as the Community Development Law, prescribes the and
procedures for the planning and implementation of redevelopment projects; and
WHEREAS, Nth. Rev. Stat. Section 18 -2109, as amended, requires that, prior to the
preparation by the development agency of a _ of a redevelopment plan for a
redevelopment project, the Mayor and City Council as . . •"�, : body of the City, by resolution,
s hall find and determine that the area is a substandard and blighted area in need of
redevelopment as defined in said Community Development Law; and
WHEREAS, on January 8, 2002, at 7:00 p.m., a Meeting of the Mayor and City Council
of the City of Blair, Nebraska, was held at the meeting room in the offices of the City of Blair in
order to conduct a Public Hearing to determine whether certain areas of the City should be
declared to be substandard and blighted and in need of as defined in and punt
to the Community Development Law; and
WHEREAS, a Notice of Public Hearing was published in the Enterprise, a legal
newspaper published in Blair, Nebraska, on Deceniber 21, 2001, and December 28, 2001, which
was at least ten (10) days prior to the time of the public hearing, which Notice of Public Hearing
clescriled the time, date, p lace, and purpose of the hearing and specifically identified the area to
be considered as substandard and blighted and in need of redevelopment; and
WHEREAS, on December 22, 2001, which date was at least ten (10) days prior to the
Public Hearing, the City mailed notice of the Public Hearing by certified United States Mall,
postage prepaid, to all registered neighborhood associations whose area of ,, , =".s:...: :on is and to the
located in whole or in part within a one -mile radius of the area t° �oo1 a t3'
President or Chairperson of the governing body of each county,
college, educational service unit, and - natural resources district in which the real property to be
affected by such determination, which notice set out the time, date, place, and purpose of the
Public Hearing and included a map of sufficient size to show the area to be affected; and
WAS, at such Meeting the Public Hearing was conducted, and all interested
parties were afforded a reasonable opportunity to express their views respecting the designation
ATTACHMENT 2
23
of such area as substandard and blighted and in need of redevelopment, and the Mayor and City
discussed a Blight and Substandard Study previously i
Council reviewed and P.C.; and
Eby
Cow submitted the won of whether the area in
the Mayor and �Y to the Planning Commission
of the is substandard and blighted � in need m en of _on prior to the Meeting and the Public
of ari mg City o n January Blau and �, Cam
Heari January $, 2002, and the Mayor and discussed
from. the Flaming Cv . .�....,
rec. �� ..�.s:,.�y..�.�...,..+received is Mayor and City Council desire to determine whether the specific area
substandard and blighted and in need of redevelopment in accordance with the Nebraska
Community Development Law.
NOW, A. XiAttkkAl tira BE IT RESOLVED, by the City of Blair, Washington County,
Nebraska, that the fallowing area located in the City of Blair, Washington County, Nebraska,
more described as follows, to-wit
Beginning at a point on the west boy line of Twenty- fourth Street
at the
north/south mid point line of the east line of Block 18, ms's Ad &ion; thence
east through the north/south center line of Blocks 15, 16, and 17, Dexters
Addition the north/south line of Lary Fourth Addition and
and through
the north/south center line of Lot 2, Block 14, Neff's Second Addition to a point
north along the west line of Twentieth
on the west line of Twentieth Street intersection of Wright Street and Twentieth to the northeast corner of the i dire east
Stem east on the north line of Wright Street and Std thernc e
� Street to a_ point on the east � comer of
south/ along the east line of Muleteer& Street
s Second Addition; tike east on the north line of Block
Block to Dear' to the east/west mid point of said north line a of said
19, Dexters Second 'O� of Block 19, Deat� Sec�ud �'
Bloch thence south to the center point of of Block 19, Dew Second
thence east along the north/south Street to the northeast comer of Tax Lot
Addition and due east across Big west line of the Chicago
357; die north to a point
east the Chicago I "P�.,: ':: � :,._ Railroad
Railroad Fight- of -�vay; thence
right -of -way, east along the north line of Tax Lot 330 and due east
r to the northwest comer of Block 94, F� ALlditic : to the City
of Blair; x - .
—.Li St the west line of Block 94, to the north/south center
of thence s quib. along s the center line of Blocks 94a� 93, Fifth
line Addition, Block; thence east through ce S� to a point on the east line of
Addition, and due east across ofthe west line of Block 92, Fifth
Fourteenth
Street at the north/south � of the '..�y,,.,:..� of Fourteenth
Addition; thence south to the northeast corner of the intersection of
Street and Park Street; thence east to the northwest mid point � the Park Street; thence north
Thirteenth
Street thence due east across Thirteenth Street and
east line of Block. 92, Fifth Addition; and 89, Fifth Addition; through the north/south ' line of Blocks 91, 90, �AC���'� 2
A
24
thence due east moss Tenth. Street to a point on the east line of Tenth o Street;
thence south along the east line of Tenth Street to the northeast comer
intersection of Tenth Stmt and Iowa Street thence east along the north line of
said line intersects with the right -of -way of
Iowa Street to the point �rt t the southeast
the
Chicago Northwestern Railroad; thence south/ 30; thence south
car of the :.� .. -� ofFourth Street and new U.S. Bighwa3'
along the east line of Fourth Street and due south. across Grant Street to a point on
the south line of Grant Street
thence west along the south line of Grant Street to
the northeast corner of Tax Lot 199; thence south/southeast along the east lines of
Tax Lot 199 and Tax Lot 198 to the east line of Tax Lot 198; thence south along
the east line of Tax Lot 198 to the southeast corner of Tax Lot 198; thence west
along the south line of Tax Lot 198 to the intersection of the east line of the
Chicago and. Northwestern Railroad right-of-way and the south line of Tax Lot
198; thence due north in a point on the south line of Grant Skeet, thence west
along the south line of Grant Street to the southeast corner of the L C4
Grant Street and Isrmth Street thence due south to a point o®. the east line of the
south/southeast along the
Chicago N..�0►" :»�:,.... Railroad right-of-way; � �, -� �:.:,� as;. � ,.:,: of
east line of the Chicago N..'' • ,, ; ,,�r,:_ . Reamed right -of- corner of Tax
the Chicago I tit,x.,L��. :.� Railroad rigid -of -way and the southwest right-of-way 198; due west across the 1- „1.. i ..�r..:.� right-of-way;
to a point on the west line of the Chicago Northwestern Railroad
thence south/so along the west line of the Chicago Norte
right- of-way to the northeast corner of Tax Lot 175; thence west along the north
line of Tax Lot 175 to the northwest corner of Tax Lot 175; thence south along
the west lines of Tax Lot 175, Tax Lot 22, Tax Lot 225 and Tax Lot 226, and due
south across U .S. Highway 75/Callionn. Boulevard to a point on the south line of
U.S. Highway Additions; thence
75 /Calhoun Boulevard; north/northwes�t along the west line
Highway U.S. ghway 75 to the southeast corner ofBlock 111, g ,s Ate,
west along the south lines of Block I11� EiEighth Addition, of Hugley's Addition
doe west across S S` Stns and along the
and Block 112, Eighth Addition, due west across
south line of Beaty's Addition and Block 113, /Truth Addition, to the sorest
comer of Lot 113, Ninth. Addition; thence north along the west line of Block 113,
Ninth Addition, to the southeast corner of Rhoades Part thence due west along
the south line of Rhoades Park, due west across U.S. Highway 30 and west along
the south line of Davis Street to the southwest of Davis Street and
Twenty-first Street thence due north across Davis Street and north along the east
2
Key's Second Addition to the northwest corner of South
Time of Block e 2, t � Street th west along the south line of T. l�tl.. Came'$
Street and Twenty-first southwest of Lot 16, Block , T. AIL Carter's Addition; Addition to the soutt corner
thence north along the west line of said Lot 16, across the alley, and north along
the west line of Lot 1, Block 2, T. M. Carter's ss � a� point on. the south
ong the line of Colfax S due north line
line of Tax Lot 557 and the west line of Tax Lot 467 to a point on the to of
of Grant Street; thence due north across Grant Street to a point on the south
Block 101, Original Town; thence east along the south line of Block 101, Original
ATTA 2
25
of the :.:�,r:.� �.: of Twenty -first Street and Grant
Street Town, to the northwest cornea to the southwest
thence along the west line ofd Twenty-first Strom thence
r of the -on of Washington Street to the so uthwest comer of the
b oa of Washington Robinette � port an the west
northhiordrovest along the west line of east line of Tax Lot 247;
line of Fontanelle Boulevard which is due south of the of Tax Lot
across Fontanelle Boulevard along the east �
thence due north right-of-way point
247 and across the Chicago N..� � �:, �� � 4 �r- ice east along the
north line of the Chi N .��. +� :.��:�: Railroad of -v� $ southeast north line of the Chicago h':.��.. ++ :�1 Railroad rigl east
corner of tat 2, Block 6, D on' thence north no along the line of
said Block 2, Lot 6, to the southwest along � t" f fourth
Street and Nebraska Street thence north
Stieet to the point of b
IIeed of redevelo m pursuant #3Q the Community
D Development declared to that a substandard which now exist in said area meet the criteria set opmuent L,aw, in that conditions m the Bliglrt and
Neb. Rev_ Stat § 18_ 2103(10) as described and set forth .
Determination Study received by the City, and
area is hereby declared � be a
BE a el
IT FURTHER RESOLVED Community Development Law, in that
area in need of redevelopment of the set forth m Neb.
conditions io one or more
couditio� which now exist in said area meet m'
Rev_ Stat § 18- 2103(11Xa) and at least one of the factors set forts in (j) � � �r of Neb. R�- eva on
Stat § 18- 2103(11Xb) as described and set fin* in the Blight and Substandard
Study received by the City; and
BE IT .16 ti.e•.A,txg•� is beyond
RESOLVED that such substandard and blighted condition
and the exercise of police P and catmot
the remedy and control solely be regulatory process � auks
without the
by the ordinary operations of said b ed ids
p r vi� dealt effectively tf ;J! .... Law, and the elimination of said
is ibs forma
blighted condition under the authority of the
Community Development to
be a public purpose and declared to be in the public inter and
hereby found and determined that such
substimdard and BE IT .�ara�.,�- RESOLVED that it is Y and is an eligible site for a
area is in need of
redevelopment project the provisions of the Coma:amity Development Law.
This Resolution ehRil be published and shall take effect as provided by law.
DATED this 8th day of January, 2002.
ATTACHMENT 2
ATTEST:
city Clerk
cgs, above
Motion duly made and the
The undersigned hereby certifies that upon of the Cog Comte of Blanc at its regular b roll call. vote voted as
and foregoing the 8th Resolution X200. roll call vote the Com 7
meeting on the S day of January,
follows:
James Realph
David Waite
T. John Shotwell
John Abbott
Tammy McMamgal
_ Frank Wolff
Mme Biter
Gary Fanoele
27
C OF BLAIR, NEBRASKA
- ATTACIIMENT 2
CITY OF BLAIR, NEBRASKA
RESOLUTION # 2002 - -12
A RESOLUTION OF THE MAYOR AND CITY COUNCIL pOF R��� AREA
APPROVING A n, , ,RAP T
#1 IN THE CITY OF BLAIR, NEBRASKA.
WHEREAS, the mayor and City Council of the City of Blair, N (the have
loamy declared an area in the City of Blair, as designated in the legal description described
the attached Exhibit `A' (the Area") to be blighted and . : in accordance
with Section 18 -2101 througji 18-2153 of the Nebraska Revised Statutes "Act"); recommends to Redevelopment WHEREAS, the Mayor and Council of the � Mayor and a¢�d� Redevelopment has and hereby
Plan for the Redevelopment Area in the form presented at this meeting
WHEREAS, the City has presented the proposed
Redevelopment Plan to the Planning
C and has received a resolution from the Planning Cam with respect to The Plan;
WHEREAS, the City has held a public hearing 'v to the proposed Redevelopment the Act. At
Plan pursuant to Section 18-2115 of the Act, fallowing public � � � their _
the public hearing, all interested parties were afforded
views with respect to the proposed Redevelopment Plan.
NOW xxu . ' -a BE 1T RESOLVED by the Mayor and. City Council of the City of
Blair, Nebraska as follows:
finds and determines that the proposed land uses and bum
Z. The City hereby
in t _ Area are designed with general of
accomplishing, in accordance with the general plan for development of the City, a
coordinated, adjusted and harmonious d of the City and its �
which. will, in �......... �..:, with present and future needs, health,
p prospe ty and the general welfare, as well as efficiency
morals, and economy in the e process ladi � adequate
# rocess of devdopme� s from fire, panic, and the promotion of
other traffic, provision rt and air, the promotion of a healthfiil and
wad
convenieM distribution of population, the provision transportation,
schools, sewerage, and other public utilities, schools, parks, p sound design and
facilities, and other public :: ._.. the promotion
arrangement, the wise and efficient expenditure of public funds, and the prevention
on
of the recurrence of unsanitary or unsafe dwelling ' L. w ..s, or conditions of
blight
to t he extent applicable, a statement of the
2. The Redevelopment Plan includes, to � �:.:�; ���: �t
propproposed met method and estimated cost of the acquisiti on and for
or
of the redevelopment project area and the estimated of
revenue from its disposal to redevelop; a statement of the proposed method
28
ATTACHMENT 3
fmancing the redevelopment project and a statement of a amble method proposed
for the relocatiaoa
of fxmn1ies to be displaced from the redevelopment project area.
3. The Redevelopment Plan is hereby approved in the form preseated to this
�a.p�hc
4. Any Resolution p and approved prior to the Menus �� of this attMa
of this Resol n which h is in conflict with conflict. . Resolution Resolution is hereby appealed t'° =tent of sudi
from date of it approval °al �
�.� and � by � and. The provisions of Resolution bal�Y
any phrase, clause part of this R shad
��� or
or effectiveness of the remainder of this Resolution.
Passed and approved by the City of Blair this 12th day of March, 20
City of Blair, Nebraska
29
ATTACHMENT 3
Exbibit "A "
That portion of the City of Blair, Washington County, Nebraska, descrilied as follows:
Beginning line of T1. .i �-ih Street at the
at a point on west baundahy east
line of the east line of Bloc k 18, Dexter's Addition; thence
north/south mid point line of Blocks 15, 16, and 17, Dexter won
through and
the morthtsouth center line the north/south
through the north/sOUh center line of Larsen Fourth Addition and line of
center line of Lot 2, Block 14, Neff 's Second Addition to a point on the
Twentieth Strom thence north along the west line of Twentieth Street
coarom of the intersection of Wright Street and Twentieth S east
t o n the
north line of Wright Street and due east acmes N trt t a pe
meteerdh of
southeast along the east line east line of re Street; corner of Block 19, Des .Add;
Nineteenth Street to the northwest
thence east on the north line of said Block 19, Dew Second Addihon„ to the
center cast/west mid point o Second Addition; along the north/south center line said north line of said Blodq thence south to the
of Block • B to k 19, s ck 19, Demo's Second Addition and due east Eighteenth Ei Street to the
corner an the west line of the
northeast
Tax Lot 357; thence due a ao� the Chicago Northwestern Railroad t-of way;
r w % �� Railroad right-of-way, east along the north line ofTax Lot 330 and due
east across Seventeenth Street to theme corner of Block 94, Fifth Addition to
the City of Blair thence south along the west line of Block 94, to the ib/south
center line of said Blocq then= east through the center line of Blocks 94and 93,
Fifih Addition, and due east across Fourteenth Street to a point on the east line of
Fourteenth Street at the north/south center point of the west line of Block 92, Fifth
Addition; thence south to the northeast corner ofthe ofFourteendi Street
and Park Sire* thence east to the northwest corner of the ., r:...v,. ofd
theme north to the �3 on of
and Street and Park Strraet; the
Block 92, Fifth Addition; thence due east east
north/south center line of Blocks 91, 90, and 89, Fifth Addition; e
due the Tenth Street to a point on the east line of Tenth Std south along
east line of Tenth Street to the northeast cower of -IL.... of Tenth Street and
Iowa Stree4 thence east along the north line of Iowa Street to the point where said
north line intersects with the right-of-way of the Chicago Northwester Railroad;
thence south/southeast to the southeast of of Fourth Street and
new US. Irighway 30; thence south along the east line ofFourth west along across Grant Street In a point on the south line of Grant Std thence
south line of Grant Street to the northeast corner of Tax Lot 199; thence
south/southeast along the east lines of tbe east line of and
Tax Lot 198 to the east line
Lot 198 the southeast
of Tax Lot 198; thence south along the south line of Tax Lot 198 to the
corner of Tax Lot 198; thence west along
intersection ofthe east line of the Chicago and 1- .0.-+Y Railroad right- of -vvay
and the south line of Tax Lot 198; thence due north to a point on the south line of
corner g thence west along the south line of due sat�h'm a point °n tin ea • the of g Street ' ti -of way; thence east
east line of the Chicago No , right-of-way to ihe
w the east line of the Chicago N.. �a�t N Y • 1. .:- . meat
on of the Chicago Northwestern Railroad right-of-way and the
corner of Tax Lot 198; thence due west across the Chicago Northwesbzixt Railroad
ATTACIIMENT 3
30
ofte��o .,I ( 1}*j ` ( �"� "
of-way; thence c the west line of the Chicago along $►�
of -wsY; co rner of Tax Lot
Railroad ofTax f waY corner of Tax 175; south along
n�li�ofTsal�ot175tn�e 175, Tax Lot 22, Tax Lot 225 �TsaLot � and due
of Tax Lot on d S_
the west lines ?5 � o Boulevard to spoilt line �.S_
south across 75/Ca F S ' YBoule� noon 'est a g Addition; west v
y 75/Cal s corner of Block 111, Eighth due west
75 the Block
� � south lines of Block 111, Figs Addition
Sixteenth Street, west along the line of S .1m� of Addition, due west across coo of Lot 113,
1 s - ��Blodcll3,I�� 113, Muth A�
Ali e ofBl
IliitthAddition; thence north akag the due along the south line of carom
southeast corner ofd Ptak; �e sauthli�of�
Falk, due west across U�. gii' 30 and west � Stream due the won of along t e east line of Block 2, ' f Std
nog across Addition Dav Street and S and Twenty-first Second tion to the comer of South € to the thence west along
the south ofT_ M- Carter's along line p orn r
of Lot 16, 2, T. � s Adder � line of Lot 1 Block 2, T. M.
Lao 16, across
the olle9, point along line of Colfax Std thence due north Addition a pow the west line ofTax Lot 557 and the west line of Tax
across Colfax Street and along �� Grant
Lot to point oar the south line of Grant Town; along the
St aunt on the soarthli � ofBlock corner ofthe �-- mow
south line of Bloc c 101, and west of first Street ��of the intersection ofWa�
ofWs�
TweadY- t Streit; west along the south andF+o SB d to the
southwest neroftheinters ofW of Fontanelle lFout b°apc° the na along they tale east line of Taxi on
247;
which is due south 247
th est�ofFu e� Boulevard and along �ofTaxL
due n F . .1� - o€' 'to a point on. the oath
and across the N .:..� . Y I iw.�. �ye..�e�
line of the hic p N 1 '�� nn right-of-way ` to the su comer ofthe _ _ th e�g 2' Lot 6,
line no along ofLot
to 2, the s 6, Iw ° t he intersection .of T'w'entY Stcr and Nebraska
to the southwest corner of t
Street north along the west line of Twenty-fourth Street to the point of
beginning-
31
ATTACHMENT 3
ORDINANCE NO. 1391
OF BLAIR, NEBRASKA, ESTABLISHING A HOUSING
AN ORDINANCE OF THE CITY TIO OF INTENT,
DEVELOPMENT AGENCY, DECLARATION THEREOF, PROVIDING THE INTENT
AND COMMUNITY ESTABLISHING ISHING FOR
THEREOF A P P OIN MENT OFND RECTOR THEREOF`, ESTABLISHING THE FOR THE APPOINTMENT CY, PROVIDING FOR THE OF
THE OPERATION OR I SN STANDARD AREAS.
BLIGHTED
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA. Agency
and Community Development SECTION 1. The Housing a Housing
created hereby shall consist of, but not be limited to,
and Community Development Director, which may also be the City
for and subordinate e mployees as are required to administer
AdYC[].111 Stra •
the housing and community development-program of the City.
and Community Director
Section 2. The Housing
roval of the
shall be appointed by the Mayor and subject to the app
Council and shall serve at the pleasure of the Mayor subject
- and Community
the approval of the City Council. The Housing
t Director shall be the administrative head of the Housing
Dev°elopmen onsible
and Community Development Agency, and he or she shall be resp
affairs of the agency.
uri.sdiction. and operate
for the proper conduct of all administrative
Section 3. The agency shall have 7
thin the municipal limits and an area within three miles of the
wi
municipal limits.
Section 4. It is hereby found and declared that there
are areas in and near the city which have deteriorated and become
blighted or substandard because of unsafe, unsanitary, Inadequate,
overcrowded conditions of the dwellings therein, or because of
or ov
ATTAcHIR�I-ENT 4
32
inadequate planning of the area, or excessive land coverage by
the
buildings thereon, or the lack of proper light and air and open
space, or because of the defective design and arrangement-of buildings
thereon, or faulty street or lot layout, or congested traffic
conditions, or economically or socially - undesirable land
uses.
Such
conditions or a combination of some or all of them have resulted
and will continue to result in making such areas economic or social
liabilities harmful to the social and economic well -being of the
entire city and needlessly increasing public expend tares,. imposing
Brous municipal burdens, decreasing the tax base, reducing tax
on o�rth of
revenues, substantially impairing or arresting the sound gr
the city.
Section 5. The following fictions are hereby assigned
to the Sousing and Community Development Agency:
( City development and redevelopments
(b) Elimination of unsafe structures of all
types which present a hazard to the health
and safety of the citizens of the city;
(c) Preservation and conservation at are deteriorating areas of the city
in structure and value;
(d) Stimulate, encourage and promote the
orderly business development of the city;
(e) All programs and functions authorized by
Sections 18 -2101 to 18- 2153, as amended,
Laws of Nebraska, except as otherwise
provided herein; and
(f) Such other related duties as shall be
counci1
determined by the mayor and the city
ATTACHMENT 4
33
Section 6.
conflict herewith are
Section 7.
effect from after
to law.
ATTEST:
VERN R. LL,
(SEAL)
All ordinances or parts
hereby repealed.
This ordinance shall be
Passed and approved this 28th day of August
STATE OF NEBRASKA )
as
WAoroAw A IILI COUNTY
VERNA R. BULL, 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 Ordinance was passed
at a regular meeting of the Mayor and City Council of said City
held on the 28th day of August
its passage, approval and publication
VERNA R. � BUL - L, CITY CLERK
34
of o rdinances in
in full force and
, 1984.
according
, 1984.
ATTACHMENT 4
REDEVELOPMENT AREA DRAINAGE STUDY
DESCRIPTION
Continued development within the contributing drainage basin areas in the City of Blair has
caused increased flooding and drainage concerns. The City of Blair has identified the need for a
Storm Water Drainage Study within the Redevelopment Area to identify the areas of concerns
and potential improvements. The Redevelopment Area Drainage Study includes the analysis of
alternates to decrease the frequency of overland flooding within the boundaries of the
Redevelopment Area of the City of Blair. The undeveloped land parcels within the study area
will be projected with future development as indicated in the most current City Comprehensive
Plan.
BASIC SERVICES OF THE ENGINEER
A. The Engineer shall perform the following Basic Services with respect to the Project:
Project Management
1. Initial Kick -Off Meeting
A meeting will be scheduled before project work begins to encourage the Owners'
staff and officials input and to provide for the exchange of ideas and information
relative to the study. The objective of this meeting is to develop a clear
understanding of the project scope of services, criteria and expectations, obtain
background information and refine the project schedule.
2. Periodic Review Meetings
Periodic review meetings will be established with the Owner to discuss the status and
progress of the project. Meetings will be scheduled at the 35 %, 70% and 90%
milestones to review progress and status of the project. Once the Engineer has
reached the 90% milestone a presentation will be given by the Engineer to the city
council for their review and input on the conclusions of the study.
3. On -Going Project Communications and Correspondence
The Engineer will maintain frequent communications with Owners' staff and
committees. Project documentation and correspondence will be produced as
necessary and filed for the record.
4. Maintain Project Schedule
The project is to be completed in accordance with the schedule established. The
Engineer will report on the status of the project schedule at four -week intervals; and
35 ATTACHMENT 5
at appropriate intermediate intervals, as needed. The project is anticipated to begin in
April 2005 and be completed within six (6) months once started.
5. Submittals
a. Preliminary Draft Redevelopment Area Drainage Study
The preliminary draft will include a summary of the information
developed for the existing system, will summarize the projected flows and
will include a summary of the anticipated improvements required.
b. Final Redevelopment Area Drainage Study and Report
The fmal report will incorporate changes requested by the City and review
agencies following review of the preliminary draft of the report.
Redevelopment Area Drainage Study
1. Background Investigations -The Engineer will collect background information
available from the City of Blair and Washington County concerning the project and
study area. This information shall include drainage basin maps, drainage system maps,
previous studies, etc. that may be pertinent to the Study.
2. Field Survey Information — It is not anticipated that there will need to be any significant
field work for this project. The Engineer will utilize the Blair GIS system which has
the city's current drainage system including inlet inverts & locations, pipe sizes &
lengths and manhole inverts & locations.
3. Watershed Basin Map - The Engineer will update the city's watershed basin map for
the contributing areas within each sub - drainage area. The contributing drainage areas
outside of the City Corporate limits that flow through the City's Redevelopment Area
will be included in the study, to determine contributing flows.
4. Existing Runoff Calculations — The Engineer will calculate the existing runoff for the 5
and 10 -year storm events for mechanical storm sewers and 50 and 100 -year storm
events for waterways using the best currently available information for rainfall
intensities and other hydrologic conditions.
5. Future Runoff Conditions — The Engineer will calculate the anticipated future runoff
conditions based on a fully developed watershed in accordance with the City
Comprehensive Plan that is currently being updated and the current County planning
criteria for contributing drainage areas.
36 ATTACHMENT 5
6. Flood Mitigation The Engineer will develop a flood mitigation plan pursuant to the
PMRNRD requirements for the city and planning area. This work shall include the
following:
a. Field survey to verify stream channel cross sections in critical locations within
the Redevelopment Area;
b. Detailed Hydraulic Analysis;
c. Floodplain Delineation;
d. Evaluation of Mitigation Alternatives;
e. Preparation of a Mitigation Study Report;
f. Responding to FEMA Comments
7. Existing Conveyance System Capacity — The Engineer will calculate the existing storm
conveyance system design capacity based on the results of the study of the city and
planning area based on existing development and storm sewer system and the future
development within the redevelopment area. Also included will be an evaluation of the
existing waterways within the city redevelopment area and the city's planning area
based on the results of the study.
8. Identf Deficiencies — The Engineer will identify areas of storm conveyance and
waterway deficiencies based on the future runoff conditions and the existing
conveyance capacities determined above.
9. Detention/Retention Alternatives — The Engineer will review the feasibility of retention
and detention basins in the study area to reduce contributing flows to the system.
10. System Alternatives — The Engineer will review open channel versus enclosed storm
sewer system alternatives available to address deficiencies in the system within the
redevelopment area.
11. Permitting Requirements — The Engineer will identify typical permitting requirements
associated with the alternatives being considered.
12. Recommendations — The Engineer will recommend improvement alternatives and
illustrate the alternatives on available aerial photo maps.
13. Construction Cost Estimates — The Engineer will prepare construction cost estimates
for the alternatives evaluated for system improvements.
37 ATTACHMENT 5
14. Study Report — The Engineer will prepare and submit 15 copies of the redevelopment
area drainage study report which will include the following information:
a. Introduction, Purpose and Scope of Study
b. Summary of Conclusions and Recommendations
c. Alternatives for Each Design Frequency
d. Project Benefits
e. Permitting Requirements
f. Construction Cost Estimates
g. Project Assumptions and Calculations
38 ATTACHMENT 5
ADMMIiSTRATIVE AND FINANCIAL PROVISIONS
U.S. Office of Management and Budget aucular A 87 "Cost Principles for State and Local Governments
U.S. Office of Management and Budget C A-102 "Uniform Administrative Requirements for - In - Aid
to State and Local Governments
24 CFR 570.503 - Granter tents for Use of Escrow Accounts for Property
Loans and Grants
24 CFR 570.488 to 570.499a - Stales Program: State Ammon of COBG Norrtent Funds
Cror y Development Law, NEB. REV. STAT. 18-2101 to 18.2144 (R.S. Supp.1982)
!
Public Meetings Law, NEB. REV. STAT. 18-1401 to 18 -1407 (R.R.S. 19
24 CFR Subtitle A (4 -1-88 Baton).- 85 Admkiistratame requirements for grants and cooperative agreements to
State, local and federally recognized Mcfiart Ufi7at governments
Hatch Act of 1938, As Amended (5 U.S.C. 1501, at seq.)
The Applicant hereby certifies that Uwe comply with the above stated mss.
Signed
Subscribed in my presence and sworn to before me.
Notary Public (Not reqtdred If on letterhead)
18
Li'X.ti11SI1 C
•
Signed
Title
Date
RESIDENTIAL A■TIDISPLACEMENT AND
RELOCATION ASSISTANCE PLAN
The City of Blair will replace all occupied and vacant occupiable low /moderate- income dwelling units
demolished or converted to a use other than as low /moderate - income housing as a direct result of
activities assisted with Community Development Block Grant (CDBG) funds provided under the Housing
and Community Development Act of 1974, as amended.
All replacement housing will be provided within three years of the commencement of the demolition or
rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such
demolition or conversion, the City of Blair will make public and submit to DED the following
information in writing:
1. A description of the proposed assisted activity;
2. The general location on a map and approximate number of dwelling units by size (number of
bedrooms) that will be demolished or converted to a use other than as low /moderate - income dwelling
units as a direct result of the assisted activity;
3. A time schedule for the commencement and completion of the demolition or conversion;
4. The general location on a map and approximate number of dwelling units by size (number of
bedrooms) that will be provided as replacement dwelling units;
5. The source of funding and a time schedule for the provision of replacement dwelling units; and
6. The basis for concluding that each replacement dwelling unit will remain a low /moderate- income
dwelling unit for at least 10 years from the date of initial occupancy.
The City of Blair will provide relocation assistance, according to either the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (49 CFR Part 24) or 24 CFR 570.496a(c)
to each low /moderate - income family displaced by the demolition of housing or by the conversion of a
low /moderate - income dwelling to another use as a direct result of assisted activities.
Consistent with the goals and objectives of activities assisted under the CDBG program, the City of Blair
will take the following steps to minimize the displacement of persons from their homes:
1. Maintain current data on the occupancy of houses in areas targeted for CDBG assistance.
2. Review all activities prior to implementation to determine the effect, if any, on occupied residential
properties.
3. Include consideration of alternate solutions when it appears an assisted project will cause
displacement, if implemented.
4. Require private individuals and businesses to consider other alternatives to displacement causing
activities, if they are requesting CDBG assistance.
Subscribe in my presence and sworn to before me.
Notary Public (Not required if on letterhead)
19 EXHIBIT D
Nebraska Community Development Block Grant Program
LOW -AND MODERATE- INCOME WORKSHEET REPORTING
PART I. INFORMATION CONTAINED IN YOUR SURVEY
1. Total number of families in the target area
1.
2. Total number of families interviewed with complete information on income and
2.
size of family (number must equal sum of lines 3 and 5).
3. Total number of low -and moderate - income families interviewed.
3.
4. Total number of persons living in the low - and moderate - income families interviewed. 4.
5, Total number of families interviewed in which the income was above the low -
5.
and level.
6. Total number of persons living in the families in which the income was above
6.
the low -and moderate- income.
PART H. SURVEYRESVLT COMPUTATIONS
7. Average size of the low -mod family interviewed.
7.
(Divide line 4 by line 3.)
8. Average size of non- low -mod family interviewed.
(Divide line 6 by line 5.)
9. Proportion of families interviewed that do have low - and - moderate- incomes. 9 .
(Divide line 3 by line 2.)
10. Proportion of families interviewed that do not have low- and- moderate - incomes. 10.
(Divide line 5 by line 2.)
11. Estimated total number of low -mod families in target area. 11.
(Multiply line I by line 9.)
12. Estimated total number of non- low -mod families in target area. 12.
(Multiply line 1 by line 10.)
13. Estimated total number of low -mod persons in target area. 13.
(Multiply line 7 by line 11.)
14. Estimated total number of non - low -mod persons in target area. 14.
(Multiply line 8 by line 12.)
15. Estimated total number of persons in target area. 15.
(Add line 13 and line 14.)
16. Estimated percentage of persons in target area who have low -and moderate- incomes. 16.
(Divide line 13 by line 15.)
Date(s) survey data collected: Effective date of income limits used:
Survey was: Community -wide Target Area Only
Completed questionnaires and record of name /address or phone number of each respondent must be available for
DEDIHUD Monitoring.
*This document is not
necessary for this project. EXHIBIT E
20
The City of Blair will use consultants in implementing this planning grant. A consultant will
provide special consulting services. The City of Blair would select the consulting firm by
procedures in section 5.05 of the planning application category. The selected consultant would
have experience in evaluating the conditions of water distribution system, wastewater
distribution system, and sidewalks.
Administration of the Community Development Block Grant will be performed by a certified
grant administrator employed by the City of Blair.
Signed
Title
Date
CITY OF BLAIR PROCUREMENT PROCESS,
21
EXHIBIT F
RESOLUTION NO. 2004- 37
COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council have been presented with an Agreement
Renewal of the Maintenance Agreement No. 6 with the Nebraska Department of Roads,
originally dated December 12, 1994; and
WHEREAS, said renewal agreement on file with the City Clerk is acceptable to the City
of Blair.
NOW, THEREFORE, BE IT RESOLVED that said Agreement Renewal of Maintenance
Agreement No. 6 with the Nebraska Department of Roads originally dated December 12, 1994,
is hereby adopted and approved by the municipality for the calendar year 2005 and the Mayor
and City Clerk of the City of Blair are hereby authorized and directed to execute same on behalf
of the municipality.
COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SCHEVE
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, MCMANIGAL
FANOELE, WOLFF, ABBOTT BIFFAR AND SHOTWELL VOTING "AYE" AND COUNCIL
MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.
ATTEST:
Av,„,"
BR`'1✓NDA R. TAYLOR
(SEAL)
CITY OF BLAIR, NEBRASKA
REALPH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR, 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 14th day
of September, 2004.
6 4v?/ 7
BRENDA R. TAYLOR, Cdr CLERK
Maintenance Agreement Between the
Nebraska Department of Roads and the
Municipality of Blair
Municipal Extensions in Blair
A G R E E M E N T R E N E W A L
We hereby agree that Maintenance Agreement No. 6, as described above, be renewed
for the period January 01, 2005 to December 31, 2005.
All figures, terms, and exhibits to remain in effect as per the original agreement, dated
January 29, 2004.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their proper officials thereunto duly authorized as of the dates below indicated.
EXECUTED by the City this /5 day of SC0.&/ be( , ZOo V .
ATTEST:
City Clerk
EXECUTED by the State this day of
CITY OF B/
M pr
Maintenance Agreement No. 6
District Engineer
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Maintenance Agreement Between the
Nebraska Department of Roads and the
Municipality of Blair
Municipal Extensions in Blair
We hereby certify that all roadway surface maintenance has been accomplished as per
terms of the Maintenance Agreement specified above. This is for the period January 1,
2004 thru December 31, 2004.
As per SECTION 7d. of the Agreement, we are submitting this certificate to District
Engineer Timothy W. Weander, Nebraska Department of Roads, PO Box 45461, Omaha,
Nebraska 68145.
ATTEST:
City Clerk
CERTIFICATE OF COMPLIANCE
Maintenance Agreement No.6
This 13 day of 350kriAetc , Z*Z.
or
I hereby certify that roadway surface maintenance was performed as per the above
listed Agreement and payment for the same should b` made.
STATE OF NEBRASKA
DEPARTMENT OF ROADS
District Engineer,
N
Maintenance Agreement Between the
Nebraska Department of Roads and the
Municipality of Blair
Municipal Extensions in Blair
A G R E E M E N T R E N E W A L
Maintenance Agreement No. 6
We hereby agree that Maintenance Agreement No. 6, as described above, be renewed
for the period January 01, 2005 to December 31, 2005.
All figures, terms, and exhibits to remain in effect as per the original agreement, dated
January 29, 2004.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their proper officials thereunto duly authorized as of the dates below indicated.
EXECUTED by the City this / day of , Zoo
ATTEST: CITY OF D1q
Y 1
ity Clerk
EXECUTED by the State this e day of , •o
STATE OF NEBRASKA
DEPARTMENT OF ROADS
District Engineer
PE --- e)ge; , 7
:h1 (
COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, pursuant to Resolution No. 2004 -5, the Mayor and City Council of the City of
Blair, Nebraska, adopted the Year 2004 One and Six Year Plan for the construction and
maintenance and repair of the streets of the City of Blair, Nebraska.
WHEREAS, certain amendments have been made to said One and Six Year Plan
necessitating an amendment to such Plan.
BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the
Year 2004 One and Six Year Plan for the construction and maintenance and repair of the streets of
the City of Blair, Nebraska, as prepared by the City Street Superintendent and dated January 27,
2004, be and hereby is amended to add the projects listed on the "Form 10's" attached hereto and
incorporated by this reference herein.
BE IT FURTHER RESOLVED that the amendments to said One and Six Year Plan be
filed with the Department of Roads, State of Nebraska.
COUNCILMEMBER SCHEVE MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT. UPON
ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, SHOTWELL, MCMANIGAL,
FANOELE, ABBOTT, WOLFF AND BIFFAR VOTING "AYE ", AND COUNCILMEMBERS
NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS
PASSED AND ADOPTED THIS 14 DAY OF SEPTEMBER, 2004.
ATTEST:
(SEAL)
BRENDA R. TAYLOR, c► TY CLERK
RESOLUTION NO. 2004 -38
1
CITY OF BLAIR, NEBRASKA
K
JA ES E. REALPH, M
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR, 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
1 4th day of September, 2004.
2
BRENDA R. TAYLOR, CIS- CLERK
COUNTY:
REASON FOR REVISION: Paving of Gravel Road
LOCATION DESCRIPTION: Skyline Drive
EXISTING SURFACE TYPE AND STRUCTURES:(such as dirt, gravel, asphalt, concrete, culvert or bridge) Gravel
AVERAGE DAILY TRAFFIC: NA (CLASSIFICATION TYPE: (as shown on Functional Classification Map)
19 = , 20 = J Local
DESIGN STANDARD NUMBER:
X
GRADING
AGGREGATE
ARMOR COAT
ASPHALT
BRIDGE TO REMAIN IN PLACE
NEW BRIDGE:
BOX CULVERT:
CULVERT:
ESTIMATED COST
(IN THOUSANDS)
Project Length =
SIGNATURE
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
FORM 10
NOTIFICATION OF REVISION OF ONE -YEAR PLAN
'CITY: (VILLAGE:
Blair
X
X
X
X
DR2
PROPOSED IMPROVEMENT
CONCRETE
CURB & GUTTER
DRAINAGE STRUCTURES
EROSION CONTROL
X
*OPTIONAL
(Nearest Tenth)
0.25 (State Unit of Measure)
Page 1
SURFACING: 7" THICKNESS 25 WIDTH
RIGHT OF WAY
UTILITY ADJUSTMENTS
FENCING
SIDEWALKS
ROADWAY WIDTH LENGTH
ROADWAY WIDTH LENGTH
SPAN RISE LENGTH
DIAMETER 18" LENGTH 50'
PROJECT NUMBER:
I *COUNTY *CITY 0 *STATE *FEDERAL I *OTHER
TITLE:
Director of Public Works
LIGHTING
OYES 1 x 1N /A Bridges and Culverts Sized I 'Hydraulic Analysis Pending
OTHER CONSTRUCTION FEATURES Construction of PCC pavement with curb and 9utter and storm sewer.
DATE:
TOTAL
200
B92 (Y -04)
TYPE
TYPE
TYPE
TYPE
COUNTY:
REASON FOR REVISION: Paving of Skyline Drive
DESIGN STANDARD NUMBER:
GRADING
AGGREGATE
ARMOR COAT
ASPHALT
X
BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH
NEW BRIDGE: ROADWAY WIDTH
BOX CULVERT: SPAN RISE
CULVERT:
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
FORM 10
NOTIFICATION OF REVISION OF ONE -YEAR PLAN
CITY: 'VILLAGE:
Blair
LOCATION DESCRIPTION: 25th Street from Lincoln Street to Skyline Drive
EXISTING SURFACE TYPE AND STRUCTURES :(such as dirt, gravel, asphalt, concrete, culvert or bridge) PCC
AVERAGE DAILY TRAFFIC: NA CLASSIFICATION TYPE: (as shown on Functional Classification Map)
19 = , 20 = Local
DR2
PROPOSED IMPROVEMENT
CONCRETE
CURB & GUTTER
DRAINAGE STRUCTURES
EROSION CONTROL
x
RIGHT OF WAY
UTILITY ADJUSTMENTS
FENCING
SIDEWALKS
DIAMETER LENGTH
YES I x 1N /A Bridges and Culverts Sized {J Hydraulic Analysis Pending
SURFACING: 7" THICKNESS 25 WIDTH
flLIGHTING
LENGTH TYPE
LENGTH TYPE
LENGTH TYPE
TYPE
OTHER CONSTRUCTION FEATURES Construction of a storm sewer system for the street drainage on 25th Street
from Lincoln Street South to Skyline Drive.
ESTIMATED COST *COUNTY *CITY *STATE *FEDERAL
(IN THOUSANDS) 150
*OPTIONAL
(Nearest Tenth)
Project Length = 0.25 (State Unit of Measure)
SIGNATURE:
TITLE:
Director of Public Works
Page 1
PROJECT NUMBER:
*OTHER I TOTAL
150
DATE.
B93 (Y -04)
STATE OF NEBRASKA
BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS
1500 Highway 2
PO Box 94759
Lincoln NE 68509 -4759
Phone (402)479 -4436
FAX (402)479 -3636
www.dor.state.ne.us
Mr. Allen R. Schoemaker
Director of Public Works
218 S 16 St
Blair NE 68008
Dear Mr. Schoemaker:
We have received the NBCS Form 10 Notification of Revision to the City of Blair One -
and Six -Year Plan, adding Projects B92(Y -04) and B93(Y -04) to the 2004 One -Year
Plan.
These revisions will be reviewed by the Board at the October 15, 2004, meeting.
Sincerely,
‘ 1 7 -
LeMoyne D. Schulz
Secretary for the Board
LDS /BPR3 -ZE4
xc: Brenda Taylor, City Clerk
File
October 7, 2004
An Equal Opportunity! Affirmative Action Employer
printed on recycled papa
Mike Johanns
Governor
Gene R. Acklie
Scottsbluff
James W. Bauer
Beatrice
Alan D. Doll
Blair
Dean T. Lux
North Bend
Richard J. Ruby
Lincoln
Tim M. Schram
Gretna
Darold E. Tagge
Holdrege
Henry R. Thieman
Petersburg
Henry T. Vieregger
Omaha
Edward R. Wootton, Sr.
Bellevue
Art B. Yonkey
Lincoln
LeMoyne D. Schulz
Secretary - ex officio
fit'. NOVEMBER 9, 2004 - WASHINGTON COUNTY SUPERVISORS REJECTED APPROVAL OF THE
PROPOSED INTERLOCAL AGREEMENT. AGREEMENT VOIDED.
COUNCILMEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, an Inter -Local Cooperation Agreement between the City of Blair, Nebraska,
County of Washington and the Papio Missouri River Natural Resources District Board of
Directors, all political subdivisions of the State of Nebraska, has been presented to the City
Council providing terms and provisions concerning the development of a recreational master
plan hereinafter referred to as "MP ", a copy of which Agreement is attached hereto, marked
Exhibit "A" and by this reference made a part hereof, and
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
NOW, THEREFORE, BE IT RESOLVED that said Agreement referred to hereinabove is
hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby
authorized and directed to execute same on behalf of the municipality.
COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER FANOELE.
UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE,
MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING "AYE ", AND
COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AND ADOPTED THIS 14 DAY OF SEPTEMBER,
2004.
ATTEST:
E ND_A_ R. TAYLO ITY CLERK
(SEAL)
RESOLUTION NO. 2004 - 39
CITY OF BLAIR, NEBRASKA
BY
JAMS . REALPH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 14 day of September, 2004.
BRENDA R. TAYLOR, TY CLERK
COUNCILMEMBER SCHEVE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, an Agreement between the City of Blair, Nebraska, and the Blair American
Legion Post #154, a nonprofit fraternal organization has been prepared and presented to the City
Council providing terms and provisions concerning the development of a Veterans Tributes
Plaza, hereafter referred to as "the project ", a copy of which Agreement is attached hereto,
marked Exhibit "A" and by this reference made a part hereof, and
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
NOW, THEREFORE, BE IT RESOLVED that said Agreement referred to hereinabove is
hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby
authorized and directed to execute same on behalf of the municipality.
COUNCILMEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER FANOELE.
UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, SHOTWELL, ABBOTT,
WOLFF, BIFFAR, FANOELE AND MCMANIGAL VOTING "AYE ", AND
COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AND ADOPTED THIS 14 DAY OF SEPTEMBER,
2004.
ATTEST:
A°.
B.K.r,NDA R. TAYLO
(SEAL)
RESOLUTION NO. 2004 - 40
CITY OF BLAIR, NEBRASKA
JA `s E E. REAL-1m, MA Y ' -°�
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 14 day of September, 2004.
BRE P A R. TAYLOR, r CLERK
CONSTRUCTION DEVELOPMENT AGREEMENT
This Construction Development Agreement, hereinafter referred to as the
Agreement, is entered into by the City of Blair, Nebraska, a political subdivisions of the
State of Nebraska and the Blair American Legion Post #154, a nonprofit fraternal
organization on this /'`' day of
The parties hereto agree as follows, to -wit:
1) PURPOSE:
The purpose of this Agreement is to develop the Veterans Tributes Plaza,
hereafter referred to as "the project ", in the City of Blair, Washington County,
Nebraska to honor the military veterans who have served the United States
of America.
2) DURATION:
This Agreement shall continue until the Veterans Plaza has been completed
and costs associated therewith paid, or until otherwise terminated as
provided for hereinafter. Both parties must agree in writing that the project
has been completed.
COSTS AND FEES:
The parties agree that all costs for the project will be paid for by the
American Legion Post #154. The American Legion Post #154 shall obtain
all of the necessary funding for the project through a reputable local financial
institution to cover all of the costs for the project.
4) TERMINATION:
This Agreement shall remain in effect until the project has been completed
and all costs paid. Termination prior to that time shall require the mutual
written consent of both parties.
5) OBLIGATIONS:
, 2004.
a. The American Legion Post #154 shall serve as the General Contractor
for the project and shall obtain all financing to cover any and all costs
related to construction, installation, and completion of the project.
flays 1 o4 3
b. The American Legion Post #154 shall contract with a reputable local
financial institution to obtain financing to cover any and all costs for
the project.
c. The American Legion Post #154 shall contract with all contractors and
vendors to supply material and services to construct and complete the
project.
d. The City of Blair shall be responsible for maintaining the real estate
on which the project will be located.
e. The City of Blair shall be responsible to appoint a joint committee to
manage the construction project until its completion.
f. The risk of loss or damage for the project shall be borne by the
American Legion Post #154 until the project is completed. Once the
project is completed, all risk of loss and damage to the project shall
be the sole responsibility of the City of Blair.
g. Once the project has been completed and agreed to in writing by both
parties, the sole responsibility to maintain the project shall be that of
the City of Blair.
6) ADMINISTRATION:
The City of Blair, Nebraska shall appoint three (3) persons to a joint
committee concerning the construction and development of the Veterans
Plaza. The joint committee shall provide regular progress reports to the Blair
City Council regarding the status and progress of the project.
7) RATIFICATION:
If either the City of Blair or the American Legion Post #154 fails to pass a
resolution in favor of this Agreement, this Agreement shall be null and void
without any further action by either party.
8) ADOPTION OF RESOLUTION:
Both parties agree to adopt this Agreement by Resolution and to deliver a
copy of said resolution to the Clerk for the City of Blair.
9) PROFESSIONAL SERVICES:
This Agreement calls for professional services to be provided by the
American Legion Post #154. The American Legion Post #154 shall act as
an independent contractor at all times in relation to this project.
Ilayc 2 $ 3
DATED this /
STATE OF NEBRASKA
COUNTY OF WASHINGTON
V
day of ,J, , 2004.
ss.
SUBSCRIBED AND SWORN to on this 75 day of ,Scoim r , 2004 by
George Jipp, Post Commander for American Legion Post #154, glair, Nebraska,
Lillo rGENIVL WARY - State of BRENDA R. TAYLo ota `Public
I Canm. E�. June 20, 20X. ry
DATED this /5 day of Sep 6Q,r , 2004.
CITY OF BLAIR, NEBRASKA
STATE OF NEBRASKA )
ss.
COUNTY OF WASHINGTON )
SUBSCRIBED AND SWORN to on this /S day of ..e.o mL.ar , 2004 by
James E. Realph, Mayor.
SAL ;may State of
BRENDA R TA, X18
) 4 Cann, 6a ;Alas 200
Ilayc3c4 3
AMERICAN LEGION POST #154
BLAIR, NEBRASKA
Notary Public
yg
a�GCOMMANDER
JAME E. REALPH, MAYOR
RESOLUTION NO. 2004 - 41
COUNCIL MEMBER SCHEVE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair, Nebraska proposes to apply of assistance from the
Transportation Enhancement Program for the purpose of constructing segments of the
Dana — Bike Trail; and
WHEREAS, the project includes construction of a hiking/biking trail from
approximately 22 Street and Highway 75 North to the south across Good Shepard's
Property to College Drive then across Cauble Creek then south to the Baseball and
Softball fields at Dana College then west to 27 Street then south to Nebraska Street and
Hansen Drive intersection then South and East along the North Side of Nebraska Street to
24 Street; and
WHEREAS, the City of Blair, Nebraska will have available a minimum of twenty
percent (20 %) of the project cost and has the financial capability to operate and maintain
the completed facility in a safe and attractive manner for public use; and
WHEREAS, the proposed application and supporting documents were made
available for public review at a properly announced meeting of the Blair City Council.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the
City of Blair, Nebraska that the Mayor and City Administrator of the City of Blair
Nebraska, are hereby authorized to apply for financial assistance from the Transportation
Enhancement Program for the purpose of constructing segments of the Dana/Bike Trail.
COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER
SCHEVE. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE,
SHOTWELL, MCMANIGAL, WOLFF AND BIFFAR VOTING "AYE" AND
COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AND APPROVED THIS 28TH DAY OF
SEPTEMBER, 2004.
ATTEST:
(SEAL)
BR`1NDA R. WHEELER, CITY CLERK
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
B Y--
JA REALPH, MAYOR
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 28th day of September, 2004.
6 7-04 A? diede„
BRENDA R. WHEELER, CITY CLERK
NEBRASKA GAME AND PARKS COVLivIISSION
TRAIL DEVELOPMENT ASSISTANCE (TDA) FUND
GRANT APPLICATION FORM
Revised June 2003
Applicant: City of Blair, Nebraska project Officer: Allen Schoemaker
Address: 218 S. 16th St., Blair NE 68008 E_Mail Address: ars@ci.blair.ne.us
FAX No: 402 426 - 4195 Business Hours: 8am - 5 p m Business Telephone: 402 - 426 - 4191
Federal ID No: 47- 6006106 project Title: Dana Trail
Project Description:
The City of Blair, Nebraska proposes to construct the "Dana Trail"
from 24th and Nebraska Street to US Highway #75 intersection of Deer Field Trail.
Project Type: New X Renovation Combination Trail Type
Project Cost Data:
1. Acquisition $ - - -- 2.Development $ 624, 562 3. Total Project Cost $ 624,562
4. Nebraska TDA Share (Maximum: 50% of the Total Project Cost): $ 20 , 000
Local 50% Matching Share: (Entire amount must be available at time of application)
5. Cash $ 20,000 Source City of Blair
6. Taxes $ Source
7. Donations $ Source
8. Other $ 20, 000 Source
9. Total S Total 50% Matching Share
Certification: I, the undersigned, hereby certify that the information contained on this form and in the
supplemental documents is true and accurate to the best of my knowledge, and that this project has been reviewed
and approved by the applicant's governing board at a public meeting.
Signature of Mayor or Chairman of the Board Title Date
RETURN THIS ORIGINAL APPLICATION FORM WITH THE SUPPLEMENTAL DOCUMENTS TO:
NEBRASKA GAME AND PARKS COMMISSION, Attn: Neal Bedian 2200 N. 33d Street, P.O. Box 30370,
Lincoln, NE, 68503 -0370
"The penalty for knowingly and willfully providing inaccurate or insufficient information is automatic withdrawal of
the project from consideration for Trail Development Assistance."
Dana
College
A. Project Narrative
As part of the city of Blair's Comprehensive
Trails Plan, the Dana Trail would be a new
concrete trail from 24 and Nebraska Street
to U.S. Highway 75 and 22 Street
intersection of Deer Field Trail. The
proposed trail addition would be 3,770 feet in
length, 10 feet in width and connects to the
Deerfield Trail.
The trail would connect Blair residential and
commercial areas to Dana College, while
serving the baseball complex of Peterson and
Zimmerman Fields. It would also adjoin the
Big Elk Nature Trail, a soccer complex, Blair Hospital, a nursing home, and a senior housing
project. Routes that safely link the city's neighborhoods and businesses to these important
facilities are a key transportation goal for Blair, Nebraska.
The majority of the trail corridor would parallel Cauble Creek, which passes Dana College's
recreational fields, the Stillmeadow subdivision between College Drive and Highway 75, and
Blair Memorial Hospital. Crossings of Cauble Creek would occur at Nebraska Avenue and
College Drive. A pedestrian bridge is proposed at Nebraska Avenue where a narrow road limited
to motor vehicles would continue to exist.
The Dana Trail would be maintained by the city of Blair and would serve pedestrians, hikers,
bicyclists, runners, roller- bladers, parents, pet owners, and a host of other groups.
It is anticipated that the construction of the trail will start in the Spring of 2005 and will be
completed in the same year. An engineer will be selected to complete the design of the trail and
supervise the construction of the trail. Bids will be awarded to the lowest responsible bidder.
Most of the right -of -way is owned by the City of Blair. Easements from several property owners
will be obtained before construction begins. Easements will also be necessary from the Blair
Community Hospital, the Good Samaritan Lutheran Home, and Dana College.
The proposed project is included in the Blair Master Trails Plan prepared by RDG Crose Gardner
Shukert and adopted by the Blair City Council. The project has broad based community support
and no known controversy or objection exists.
Funds for eighty percent (80 %) of the cost of the Dana Trail are being requested from the
Transportation Enhancement Program.
B. Description of the Environment
The present land uses of the trail corridor are varied. The 730 -foot trail corridor on the north side
of Nebraska Avenue between Cauble Creek and 24 Street is agricultural. The approximately
700 -foot trail corridor on the west side of Cauble Creek north of Nebraska is recreational and
educational. The trail corridor south of College Drive for approximately 650 feet south and
approximately 300 feet north of College Drive is vacant residential property that adjoins
residential uses. The vacant land north of that corridor is owned by the Blair Community
Hospital and the City of Blair.
The corridor of the "Dana Trail" is flat land, mostly parallel to Cauble Creek. A few trees exist in
the corridor of the trail and vegetation is limited to native grasses and weeds. An effort will be
made to save the healthier trees.
No wetlands exist in the corridor of the trail. No streams, rivers, or other water resources will be
affected by the construction and maintenance of the trail. No historical or archeological resources
exist in the trail corridor.
The trail will cross US Highway #75. The Guide for Develon ment Facilities will be followed for
the construction and maintenance of the "Dana Trail" where it crosses US Highway #75.
C. Site Plan
See attachment 7.
D. Plat Map
See attachment 8.
E. Cost Estimate
See attachment 4.
F. Project Resolution
See attachment 2.
6. Interlocal Cooperation Agreement
Not applicable.
H. Title Opinion
See attachment 9.
I. Leased Property
Not applicable.
J. Fencing Waiver
Not applicable. Former railroad property is not involved with the project.
K. Signs
All appropriate signs are included in the cost estimate
L. Land Acquisition
Easements from a few individuals would be required.
ATTACHMENT I
NEBRASKA GAME & PARKS COMMISSION
TRAILS DEVELOPMENT ASSISTANCE FUND
8197
WAIVER OF REQUIRED FENCING
According to Section 7 of the Trails Development Assistance Act of 1991, §37 -1501 to §37 -1509, RSS,
"whenever abandoned railroad right -of way trails are developed pursuant to the Trails Development
Assistance Act, boundary fences shall be constructed and maintained as required for railroads in §74 -601
to §74 -604, unless such construction and maintenance are waived in writing by affected landowners.
Such fences shall be deemed to be manifestly designed to exclude intruders for the purpose of
subdivision(I)(c) of Section 28- 521."
I am an adjacent landowner to the proposed trail that is being developed with assistance from the Trails
Development Assistance Act of 1 991. I understand the fencing requirements cited above and quoted from
the Act and hereby waive the requirement for such fencing along my property's boundary with the
property boundary of the trail corridor.
Landowner's Signature Date
*This document is not necessary for this project. This project is not on an
abandoned railroad right -of -way.
ATTEST: (Clerk)
ATTACHMENT 2
NEBRASKA GAME & PARKS COMMISSION
TRAILS DEVELOPMENT ASSISTANCE FUND
RESOLUTION
1. The City of Blair proposes to apply for assistance from the Trail Development Assistance
Fund for the purposes described in the application and supporting documents.
2. Allen Schoemaker has been appointed as Project Liaison Officer by the project sponsor's
governing board as the principle local contact to work with Game and Parks Commission
staff and on all matters concerning the project.
3. The City of Blair currently has the 50% matching share of the total project cost identified
on the Application form and will provide the financial resources to operate and maintain
the completed project in a safe and attractive manner for the life of the facility.
4. The City of Blair will not discriminate against any person on the basis of race, color, age,
religion, handicap, sex, or national origin in offering the project for public use.
5. The City of Blair agrees to comply, where applicable and within the purview of the law,
with the American with Disabilities Act of 1991, as amended, by making the project
facilities accessible to, and usable by, the disabled.
I certify this resolution to be a true and correct copy of the original resolution that was adopted
by the City of Blair at a duly advertised and announced public meeting held on (date) 2003.
(SEAL) SIGNATURE
(Mayor or Chairman of the Board)
5
16
,7
f8
* I - Negotiated Purchase
ATTACHMENT 3
NEBRASKA GAME AND PARKS COMMISSION
TRAIL DEVELOPMENT ASSISTANCE FUND
07/02
ACQUISITION STATISTICS
1
*This document is not necessary for this project.
II - Condemnation III - Donation
ATTACHMENT 4
ENGINEER'S PRELIMINARY COST ESTIMATE FOR DANA COLLEGE TRAIL
LOCATION: BLAIR, NEBRASKA
Item # Item
CONCRETE TRAIL IS 10 -FEET WIDE.
APPROXIMATELY 3,770- FEET CONCRtIt TRAIL
Notes:
1. Clearing and Grubbing quantity based on: (20 feet x trail length) divided by 43,560.
2. Seeding quantity based on: (20 feet - trait width) x trail length divided by 43,560.
3. Construction Engineering /Contingency includes 5% for contingencies.
4. Subgrade Preparation includes bikeway width plus 2 -feet.
5. Bridge assumed to be 200 -feet in length.
Quantity Unit Unit Cost Cost
1 Clearing and Grubbing 1.7 ACRE $3,500.00 5,950.00
2 Subgrade Preparation 4,760 SY $1.50 7,140.00
3 General Excavation 3,500 CY $5.50 19,250.00
4 6 Concrete Bikeway 3,967 SY $27.00 107,109.00
5 Signage 8 EACH $200.00 1,600,00
6 Pavement Marking - Crosswalk 2 EACH $3,000.00 6,000.00
7 Build 10' x 200' Prefabricated Bridge 200 LF $900.00 180,000.00
8 Build Abutments 2 EACH $10,000.00 20,000.00
9 Bollards 8 EACH $200.00 1,600.00
10 Grind Curb 70 LF $6.00 420.00
11 Remove and Relocate Light Pole 1 LS $3,000.00 3,000.00
12 Seeding Type °B° 0.9 ACRE $1,500.00 1,350.00
13 Erosion Control 3,500.0 SY $2.08 7,280.00
14 Retaining Wall 4,500.0 SF $17.00 76,500.00
15 48' RCP 170.0 LF $72.00 12,240.00
16 Chain Link Fence (6 -foot) 660.0 LF $20.00 13,200.00
Subtotal Estimated Construction Cost 462,638.00
Mobilization 1 LS 8% of Subtotal 37,011.12
Estimated Total Probable Construction Cost 499,650.12
FUNDING SOURCES
May 28, 2004
MSK
ENGINEERING COSTS
Preliminary Engineering (10 %) 49,965.01
Construction Engineering/Contingency (14 %) 69,951.02
NDOR Project Representative Costs (1 %) 4,996.50
Engineering Costs Total 124,912.53
TOTAL ESTIMATED PROJECT COSTS 624,562.65
Applicant's Cash Match (20%) 124,912.53
Federal Funding (80 %) 499,650.12
DanaCollege.052804.msk.xls 5/28/2004
ATTACHMENT 5
Nebraska Game and Parks Commission Trails Development Assistance (TDA) Fund
Name of Sponsor: City of Blair, NE Project Name: Dana Trail
2
3
4
6
7
110 Section 404 permit required
11 Floodplain permit required
12 Any wetland involvement
13 !Air Quality
114 (Noise Quality
1 15 'Energy Conservation
116 'Landscaping
117 Fish and Wildlife
118 Water Quality
119 Civil Rights ( Minority Involvement)
24 Neighborhood disruption
121 chools, churches, cemeteries or
hospitals
22 Public health and safety
23 Economic activity
24 Tax base and property values
25 4(f) or 6(f) land
26 Historic sites
27 'Multiple use of space
28 Public transportation
29 Prime farmland or irrigation facilities
Additional right -of -way required
Any railroad crossings
Airport within 1/2 mile
Public interest likely to be:
New access control
Relocation of persons, businesses etc.
Any significant stream crossings
Any channel changes required
Realignment
No al Minor ❑ Maiorn
No Minor 5 Majoro
aiiNo ❑ Yes
P§ No a Yes oN/A
Low a Moderate ❑ Highra
No to Partial ❑ Full ❑
No a Yes Est_ #
No gt Yes
a No ❑ Yes
FI No a Possible ❑ Yes
to No ❑ Possible ❑ Yes
No ❑ Possible ❑ Yes
la None a Minor
a None ❑ Minor
0 None ❑ Minor
a None et Minor
GINone a Minor
iallone a Minor
ttNone ❑ Minor
LXNone ❑ Minor
❑ None a Minor
❑ None ❑ Minor
m None a Minor
i tn None a Minor
i m None ❑ Minor
l isi None a Minor
1 0 None a Minor
1 0 None a Minor
1 at None a Minor
Significant ❑
Significant ❑
Significant xt
Significant a
Significant o
Significant ❑
Significant a
Significant n
Significant at
Significant at
Significant ❑
Significant ❑
Significant ❑
Significant ❑
Significant i
Significant tX
Significant o
see next page
see next
page
see next page
see next page
see next page
see next page
see next page
see next pat.ge
see next page
ATTACHMENT 5
ENVIRONMENTAL REVIEW
Remarks
2. Additional right of-way required: Easements will be required from six property
owners, including Blair Hospital and Dana College.
5. Public interest likely to be: Strong public support exists for this project.
8. Any significant stream crossings: Cauble Creek will be provided a pedestrian bridge at
Nebraska.
15. Energy conservation: Users of the trail will not drive their motor vehicles as far to use a
trail and with this new alternate transportation system less fuel will be used.
16. Landscaping: Existing landscaping and lawns will be replaced in the residential areas.
21. Schools, churches, cemeteries or hospitals: An alternate transportation system will be
available for employees, visitors, and patients at the Blair Hospital.
22. Public health and safety: The Dana Trail offers a safer transportation system than now
available. The health and safety of trail users will improve through exercise and use of
the trail.
27. Multiple use of space: Land will now be used for a new use. Earlier, this land had been
used for recreational, agricultural, and residential use. Now, an additional use is made of
the same land.
28. Public transportation: An alternate transportation system will be provided, which will
be a safer and more direct route while getting those trail users off busy city streets.
ATTACHMENT 6
PHOTOS
Trail corridor
Dana College
ATTACHMENT 6
PHOTOS
Welcome sign for Blair, Nebraska
Zimmerman Field
J- MICHAEL
CONSULTING ENGINEERS
, :nre '111 P.:M P. Eo !IMP, 5.115
!3.3..U70 FA; f4.
DANA
COLLEGE
DANA
COLLEGE
• LEGEND
mu= graza EXISTING TRAIL A
lonsiumillom PROPOSED TRAIL
PROPOSED
TRAIL
G OgGE
Co0,'ER
10/111111
mai
GOOD SHEPARD
NURSING HOME
CITY OF BLAIR TRAIL PLAN iiiT
‚'I
.1$
• I'
I1,
\T-1
ioniona
7
I
FO UPIR M I I K1111 1 511
a
ass
atm
41311
116111
Inarl
fl
777\
innummet
, •
cn
imummliimpau
0-4
kgki Blair Trails Plan
i'vlastcr Trails PI an
It if;
I ;ot,los,
I
!
7 1
I
*
ix iI,r
(
I) S •111:1 Si
1
I I ,141'.11,
■,,
11 OW,
11,1■,,1 ,M11
I I rt k Sink•
1 1 , 10111 . .t • 1,11
1 - .0014,
\ 1 :101) . TrAll
I ).
I I .3.11.1...
11 I
FUNDED TRAIL
EXISTING TRAIL
7= TRAIL
M )fi KIRKHAM
VA) MICHAEL
CONSULTING ENGINEERS
I 1011 WEST LPIXL P.It 1)105 11410.11, OWIA. 1)044101,4.1) 1.411,4
BEE 14021 193-101. 441121 251-342SI
Recreational Trails Project Number:
Name of Project:
Description of Project
by
(Grant Sponsor - Political Subdivision)
(Date)
Attest:
ATTACHMENT 10
RIGHT OF WAY CERTIFICATE
FOR FEDERAL AID
THIS CERTIFICATE MUST BE FURNISHED TO TIM NEBRASKA GAME AND PARKS
COMMISSION BEFORE A PROJECT CONTRACT CAN BE EXECUTED
TO: The Nebraska Game and Parks Commission
This is to certify that the necessary right- of-way for said project has all been acquired in compliance with
the provisions of Title III of the UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY
ACQUISITION POLICIES ACT OF 1970.
All encroachments including improvements and signs been
(No Encroachments/have/have not)
removed from the right -of -way or provisions been made for their removal
(have/have not)
(Date)
All necessary moving, lowering or rearranging of pipelines, pole lines and other utility lines have been
completed or provisions made for such work to be completed by
(Date)
Relocation a_ssistanct- required for this project.
(was/ was not)
If relocation assistance was required, the necessary action to comply with Title II of the UNIFORM
RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT of 1970 has
been performed by the State of Nebraska, Department of Roads, Relocation Assistance personnel and
certified accordingly. The right -of -way is now available for immediate construction and it is recommended
that said project be advanced to contract stage with Nebraska Game and Parks Commission.
(Signature of Mayor - Board Chairman) (Title)
(Date)
If there are any exceptions, list and explain fully on the reverse.
If there are encroachments, list on reverse.
(Title)
RESOLUTION NO. 2004 - 42
COUNCILMEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION:
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
That the proposed schedule for special assessments against Lot 6, Block 63, Blair City
(1871 Grant Street) and is hereby tentatively approved and placed on file with the City Clerk for
inspection by all interested parties; that the Mayor and City Council shall hold a special meeting at
218 South 16 Street on the 12th day of October, 2004, at 7:00 o'clock P.M. for the purpose of
sitting as a Board of Equalization to levy special assessments on the lots and parcels of land
benefited by mowing and maintenance of the property known as Lot 6, Block 63, Blair City (1871
Grant Street); that notice of the time of holding such meeting and the purpose for which it is held
shall be published in The Enterprise, a legal newspaper published and of general circulation in the
City at least 10 days (two publications) before the date of said hearing; that the City Clerk is
directed to publish such notice in the form presented to this meeting, which form of notice shall be
annexed to the minutes showing passage of this resolution, and the Clerk shall mail copies of such
notice to all interested parties as provided by law.
COUNCIL MEMBER BIFFAR MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL
CALL, COUNCIL MEMBERS VOTING "AYE" STEWART, SCHEVE, SHOTWELL,
MCMANIGAL, WOLFF AND BIFFAR AND COUNCIL MEMBERS NONE VOTING "NAY ",
THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED
THIS 28TH DAY OF SEPTEMBER, 2004.
ATTEST:
ded,_
BRENDA R. WHEELER, CITY CLERK
(SEAL)
CITY OF BLAIR, NEBRASKA
S E. REALPH, 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
28th day of September, 2004.
BRNDA R. WHEELER, CITY CLERK
RESOLUTION NO. 2004- 43
COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA, AS FOLLOWS:
SECTION 1. The Mayor and City Council hereby find and determine: That mowing
made to Lot 6, Block 63 Blair City (1871 Grant Street) has been completed as certified by the
City Clerk. That the City billed to owner of the property for charges and charges have not been
paid, and pursuant to Municipal Code Section 4 -502 the charges for mowing and /or junk
removal shall be levied as a special assessment, in the same manner as other assessments. The
attached schedule is a true copy of the charges to be assessed.
SECTION 2. There shall be and there are hereby levied against Lot 6, Block 63 Blair
City (1871 Grant Street) set out in the attached amounts set out opposite said lot and parcels of
ground as per the attached schedule, which schedule will be corrected to reflect any changes
heretofore made by the Board of Equalization. Said assessment shall become due 50 days after
the date of passage of this Resolution levying special assessment, and may be paid within said
time without interest, but if not paid by said date shall draw interest at the rate of delinquency as
provided by law from and after the date of passage of this Resolution.
SECTION 3. All said assessments shall be a lien on the property on which levied from
the date hereof and shall be certified by the City clerk to the Treasurer of the City for collection.
A copy of said Resolution shall be filed in the office of the County Clerk.
SECTION 4. The Schedules of proposed assessments with any changes therein as
heretofore directed by the Board shall be attached to and made part of the Minutes of this
meeting and are hereby made a part of the Resolution as if fully stated herein.
COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL,
FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND
COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AND APPROVED THIS 12TH DAY OF OCTOBER,
2004.
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
WASHINGTON COUNTY )
:ss:
CITY OF BLAIR, NEBRASKA
(de ,�.
BRENDA R. WHEELER, CITY CLERK
E ` E. REALPH, MAYOR
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 12th day of October, 2004.
7/8/2004
WULF MOWING
8/12/2004
RA MCCORMICK
TOTAL
MOWING CHARGES
$125.00
$ 82.75
$ 207.75
RESOLUTION NO. 2004-44
COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
That the proposed schedules for special assessments against properties in Water Extension
District No. 42, Sanitary Sewer Extension District No. 61 and Paving and Storm Sewer District No.
182 be and are hereby tentatively approved and placed on file with the City Clerk for inspection by
all interested parties; that the Mayor and City Council shall hold a special meeting at 218 South
16 Street on the 23rd day of November, 2004, at 7:00 o'clock P.M. for the purpose of sitting as a
Board of Equalization to levy special assessments on the lots and parcels of land benefited by the
improvements in Water Extension District No. 42, Sanitary Sewer Extension District No. 61 and
Paving and Storm Sewer District No. 182; that notice of the time of holding such meeting and the
purpose for which it is held shall be published in The Enterprise, a legal newspaper published and
of general circulation in the City at least 10 days (two publications) before the date of said hearing;
that the City Clerk is directed to publish such notice in the form presented to this meeting, which
form of notice shall be annexed to the minutes showing passage of this resolution, and the Clerk
shall mail copies of such notice to all interested parties as provided by law.
COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SCHEVE.
UPON ROLL CALL, COUNCIL MEMBERS VOTING "AYE" STEWART, SCHEVE,
SHOTWELL, FANOELE, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR AND COUNCIL
MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND ADOPTED THIS 26TH DAY OF OCTOBER, 2004.
CITY OF BLAIR, NEBRASKA
JA's E . REALPH, MAYOR
ATTEST:
6 ij
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
):ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified, and
acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was
passed and adopted at a regular meeting of the Mayor and City Council of said City held on the
26th day of October, 2004.
(-411-
BRENDA R. WHEELER, CITY CLERK
October 25, 2004
City of Blair
218 South 16th Street
Blair, NE 68008 -1674
RE: Pittack Street Assessments
City Council:
I have listed below the assessments as I have figured them for the adjoining property owners of
the above referenced street.
Property Owner
• Tax Lot #84 of Sec. 23, T18, R11
State of Nebraska
• Tax Lot #118 of Sec. 23, T18, R11
Charlie's Speed and Machine
• Tax Lot #115 of Sec. 23, T18, R11
Donald and Neva Adamson
• Tax Lot #95 of Sec. 23, T18, RI 1
Omaha Public Power District
• Tax Lot #93 of Sec. 23, T18, R11
Omaha Public Power District
• Tax Lot #120 of Sec. 23, T18, R11
W.P., LLC
• City of Blair
If there are any questions, please call me at 402- 391 -0016.
Sincerely,
VEENSTRA & KIMM, INC.
H. R. Veenstra Jr., P.E.
3952
Pavinss Sewer
$49,039.54
$2,582.21
$24,699.40
$13,135.59
$25,822.10
$30,177.64
54.918.87
$150,375.35
Civil • Environmental • Surveying • Planning
VEENSTRA & KIMM, INC.
2827 North 81" Street • Omaha, Nebraska 68134-6411
402 - 391 -0016 •402- 391 -0017 (FAX) • 877- 241- 8001(WATS)
Water
$6,079.44 $7,199.90
$6,079.44 $7,199.90
$6,079.44 $7,199.90
$6,079.44 $7,199.90
$24,317.76 $28,799.60
RESOLUTION NO. 2004-45
COUNCILMEMBER BIFFAR INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Papio- Missouri River Natural Resources District has proposed to the
City of Blair, Nebraska that it desires to hire Pospichal Construction for the construction of the
new south pump station as part of the Washington County Rural Water System No. 2.
WHEREAS, the proposal of the Papio - Missouri River Natural Resources District to hire
Pospichal Construction to construct the south pump station is acceptable to the Mayor and City
Council of the City of Blair.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the proposal of the Papio - Missouri River Natural
Resources District to hire Pospichal Construction to construction the south pump station is
hereby approved by the City of Blair, Nebraska.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL,
FANOELE, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING AYE AND
COUNCIL MEMBERS NONE VOTING NAY, THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AND APPROVED THIS 26TH DAY OF OCTOBER,
2004.
— 1 —
CITY OF BLAIR, NEBRASKA
B
JA
E
. REALPH, MAYOR
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
WASHINGTON COUNTY )
:SS:
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 October, 2004.
BR ' DA R. WHEELER, CITY CLERK
RESOLUTION NO. 2004-46
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council have been presented with an Agreement
regarding Flood Mitigation Planning and Mapping Assistance between Papio Missouri
River Natural Resources District and The City of Blair, Nebraska a copy of said
Agreement being attached hereto, marked Exhibit "A" and incorporated by this reference
herein; and,
WHEREAS, the City of Blair, Nebraska is in agreement with the terms and
conditions of said Agreement.
NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the
City of Blair, Nebraska, that the Agreement attached hereto, marked Exhibit "A ", be
approved and adopted by the municipality.
BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby
authorized and directed to execute such Agreement on behalf of the City of Blair,
Nebraska.
COUNCIL MEMBER FANOELE MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER
MCMANIGAL. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE,
SHOTWELL, FANOELE, MCMANIGAL, ABBOTT, BIFFAR AND WOLFF VOTING
"AYE" COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED
THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 26TH DAY OF
OCTOBER, 2004.
CITY OF BLAIR, NEBRASKA
BY �-.�_
JA REALPH, MAYOR
ATTEST:
(SEAL)
/
M.
G i -6 A, JIJ-
BR1 NDA R. WHEELER, CITY CLERK
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 October, 2004.
BRENDA R. WHEELER, CITY CLERK
RECITALS:
AGREEMENT
BETWEEN
PAPIO - MISSOURI RIVER NATURAL RESOURCES DISTRICT
AND
THE CITY OF BLAIR, NEBRASKA
FLOOD MITIGATION PLANNING AND MAPPING ASSISTANCE
THIS AGREEMENT is made and entered into by and between the PAPIO-
MISSOURI RIVER NATURAL RESOURCES DISTRICT, a subdivision of the State of
Nebraska (hereinafter referred to as the "NRD "), and the CITY OF BLAIR,
NEBRASKA, a political subdivision of the State of Nebraska (hereinafter referred to as
the "CITY ").
WHEREAS, the NRD has established a Flood Mitigation Planning and Mapping
Assistance Program (hereinafter referred to as "the PROGRAM "), to provide technical and
financial assistance to governmental entities within the NRD and to help identify flood
prone areas and plan projects to reduce flood risk and damage; and,
WHEREAS, assistance under the PROGRAM requires sponsorship by a city,
town, village, county, municipality or other unit of local government with the authority
and capability to carry out the Flood Mitigation Plan and/or adopt any new or revised
National Flood Insurance Program (NFIP) Flood Hazard Studies and Maps; the sponsor
must participate in the NFIP and be in "good- standing" status; and, flood mitigation
planning and floodplain mapping assisted under the PROGRAM must conform with all
federal, state and local laws, standards or guidelines; and,
WHEREAS, the CITY is eligible for and desires to receive cost - sharing assistance
under the PROGRAM for a project to revise the CITY'S flood insurance study and map
(hereinafter referred to as "the PROJECT "), as more particularly described in the scope of
work for the PROJECT (hereinafter referred to as "the SCOPE OF WORK "), previously
submitted to and approved by the NRD, and a true and correct copy of the SCOPE OF
WORK is attached hereto as Exhibit "A" and incorporated herein by reference; and,
WHEREAS, under the PROGRAM the sponsor must apply for and receive federal
or state cost sharing to assist in the implementation of the PROJECT; and,
041008 -Blair FMPMA Agreement.doc
1
WHEREAS, under the PROGRAM the NRD will reimburse a portion of the local
(non- federal or non - state) cost of the PROJECT.
NOW, THEREFORE, for and in consideration of the foregoing recitals and their
mutual covenants hereinafter expressed, the parties agree as follows:
1. The CITY has applied for and received federal or state cost sharing to assist
in the implementation of the PROJECT in accordance with the agreement between the
CITY and the Nebraska Department of Natural Resources attached hereto as Exhibit `B"
and incorporated herein by reference.
2. The CITY shall retain such consultants and other personnel, at the CITY'S
own discretion and expense, as may be needed to perform the PROJECT.
3. Through its consultants and other personnel, the CITY, at the CITY'S own
discretion and expense, shall perform the PROJECT in accordance with the SCOPE OF
WORK.
4. Prior to implementing the same for the PROJECT, the CITY shall submit in
writing to the NRD, and obtain the NRD'S approval of any revisions in the SCOPE OF
WORK, and approval of PROJECT plans, reports, maps, specifications, and
implementation schedules.
5. The NRD shall reimburse the CITY 50% of the non - federal and non -state
portion of the cost of the PROJECT, such NRD share to not in any event exceed the sum
of $25,000.00, the NRD's reimbursement payment(s) to the CITY will be made within 45
days following the receipt of a written request for actual costs incurred.
6. Any NRD reviews of the SCOPE OF WORK, and NRD reviews of
PROJECT plans, reports, maps, specifications, and implementation schedules, shall be
performed by the NRD without unnecessary delay.
7. Upon completion of the PROJECT, the CITY shall promptly implement or
adopt the Flood Mitigation Plan and/or any new or revised NFIP Flood Hazard Studies
and Maps that result from the PROJECT.
8. The CITY shall indemnify and hold the NRD harmless from and against all
liability and damages resulting from the PROJECT, and from and against all demands,
causes of action and claims arising therefrom, except as may be caused solely by the
negligence of the NRD, or its agents, representatives, or employees.
9. This agreement shall have permanent duration, commencing upon the
signatures of both parties being affixed hereto.
041008 -Blair FMPMA Agreement.doc
2
IN WITNESS WHEREOF, the parties have executed this agreement on the dates
hereinafter indicated pursuant to authorizing resolutions duly adopted at regularly- called
meetings of their governing bodies.
Executed by THE CITY OF BLAIR, NEBRASKA, on this 6 day of
NN r 6e_f . 2004.
Attest:
CITY CLERK
THE CITY OF BLAIR, NEBRASKA
Executed by the PAPIO - MISSOURI RIVER NATURAL RESOURCES
DISTRICT on this /� day of _ Zo�.,c41. her" . 2004.
041008 -Blair FMPMA Agreement.doc
PAPIO - MISSOURI RIVER NATURAL
RESOURCES DISTRICT
By
3
General Manager
17.39 District Program — Flood Mitigation Planning and Manning Assistance
Program. The Flood Mitigation Planning and Mapping Assistance Program is an
authorized program of the District to provide technical and financial assistance to
governmental entities located within the District to help identify flood prone areas and
plan projects to reduce flood risk and damage.
A) Criteria for Assistance:
1) Assistance in flood mitigation planning and mapping requires sponsorship by a
city, town, village, county, municipality or other unit of local government with the
authority and capability to carry out the Flood Mitigation Plan and/or adopt any
new or revised National Flood Insurance Program (NFIP) Flood Hazard Studies
and Maps.
2) The Sponsor must participate in the NFIP and be in "good- standing" status.
3) All Flood mitigation planning and floodplain mapping must conform with all
federal, state and local laws, standards or guidelines.
B) Eligible Activities:
1) Preparation of a Flood Mitigation Plan.
2) Preparation of or revisions to NFIP Flood Hazard Studies and Maps.
C) Funding Assistance:
1) The Sponsor or the District must apply for and receive federal or state cost share
to assist in the implementation of this program. This assistance may be available
through, but is not limited to:
a) Flood Mitigation Assistance.
b) FEMA Cooperating Technical Partners Program (CTP) or other Flood Map
Modernization Assistance.
2) The District will reimburse 50% of the local (non - federal or non - state) cost up to a
maximum of $50,000 in District funds for each such eligible activity.
D) District Responsibilities:
1) Administer the Flood Mitigation Planning and Mapping Assistance Program.
041008-Blair FMPMA Agreement.doc
4
2) Management shall review, prioritize and approve applications for assistance when
the cost share amount is $20,000 or less for each such eligible activity. The
approval of the Board is required where the cost share is between $21,000 and
$50,000 for each such eligible activity, or, when the amount requested in
applications exceeds the amount budgeted for this program.
3) The NRD reserves the right to review and approve or reject plans, reports, maps,
specifications, and or implementation schedules.
4) The District will retain the services of contractors necessary for developing flood
hazard mapping under the CTP program.
E) Sponsor Responsibilities:
1) The sponsor shall submit an application for each such eligible activity on forms
provided by the NRD along with a cover letter describing the need for a Flood
Mitigation Plan and/or flood plain mapping.
2) The sponsor shall execute an agreement with the NRD which outlines proposed
activities for each application.
3) The sponsor shall retain the services of contractors necessary for eligible activities,
other than those supported by the CTP program.
4) The sponsor must agree to implement the Flood Mitigation Plan and adopt any
new or revised NFIP Flood Hazard Studies and Maps that result from activities
funded with NRD assistance.
[Approved June 2003]
041008 -Blair FMPMA Agreement.doc
5
session at
RECEU 'ED NJ 1 1 2004
EXTRACT OF MINUTES , Gdke
CITY OF BLAIR, NEBRASKA
A meeting of the Mayor and Council of the City of Blair, Nebraska was convened in open and public
7:00
o'clock P.M. on
November 9
2004 at
Blair, Nebraska Realph
. Present were: Mayor
218 S. 16th Street,
; Council members:
Stewart, Scheve, Shotwell, Fanoele, McManigal, Wolff and Biffar
. Absent were:
Abbott
. Notice of the meeting was given in advance thereof by publication, the
City's designated method for giving notice, a copy of the Affidavit of Publication being attached to these
Minutes. Notice of this meeting was given in advance to the Mayor and all members of the City Council and
a copy of their Acknowledgment of Receipt of Notice and the agenda are attached to these Minutes.
Availability of the agenda was communicated in the advance notice and in the notice to the Mayor and Council
of this meeting. All proceedings hereafter shown were taken while the convened meeting was open to the
attendance of the public.
Council member Fanoele offered the following resolution and moved its passage and
adoption:
RESOLUTION - 2004 -47
BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska:
Section 1. The following bonds, in accordance with their option provisions are hereby called for
payment on December 15, 2004, after which date interest on the bonds will cease:
Sewer System Revenue Bonds, Series 1998, of the City of Blair, Nebraska, date of original
issue - October 1, 1998, serial bonds maturing October 1, 2005, through October 1, 2013, and
term bonds due October 1, 2018, in the principal amount of Eight Hundred Ninety Thousand
Dollars ($890,000), numbered as shown on the books of the Paying Agent and Registrar, in
denomination of $5,000 each, becoming due and bearing interest as follows:
Principal Amount Maturity Date Interest Rate CUSIP No.
$ 45,000 October 1, 2005 4.50% 093027 AG 5
50,000 October 1, 2006 4.60 093027 AH 3
50,000 October 1, 2007 4.65 093027 AJ 9
55,000 October 1, 2008 4.70 093027 AK 6
55,000 October 1, 2009 4.80 093027 AL 4
60,000 October 1, 2010 4.90 093027 AM 2
60,000 October 1, 2011 5.00 093027 AN 0
65,000 October 1, 2012 5.10 093027 AP 5
65,000 October 1, 2013 5.15 093027 AQ 3
385,000 October 1, 2018 5.30 093027 AR 1
Said bonds are hereinafter referred to as the "Refunded Bonds."
Said bonds are subject to redemption at any time on or after October 1, 2003, at the principal
amount thereof, plus accrued interest to date of redemption, and said interest is payable
semiannually. Said bonds were authorized by Ordinance No. 1851, and were issued for the
purpose of paying off on October 1, 1998, $980,000 Sewer Revenue Bond Anticipation Notes,
Date of Original Issue - October 15, 1995, proceeds of which were used to pay the interim
costs of maintaining, extending, enlarging and improving the sewage disposal plant and
sanitary sewer system of the City.
Section 2. Said bonds are to be paid off at the office of the Treasurer of the City of Blair in Blair,
Nebraska (the "Paying Agent "), as paying agent and registrar.
Section 3. A true copy of this resolution shall be filed immediately with the Paying Agent, and said
Paying Agent is hereby instructed to mail notice to each registered owner of said bonds not less than thirty
days prior to the date fixed for redemption, all in accordance with the ordinance authorizing said called bonds.
.604.(pu44 01
City Clerk Brenda Wheeler
2
May
ame Realph
Motion by Council member McManigal
Council member Shotwell
upon roll call vote the following voted AYE:
McManigal, Wolff and Biffar
the resolution duly passed and adopted.
seconded the motion for adoption of said resolution, and
3
Stewart, Scheve, Shotwell, Fanoele
the following voted NAY:
None
The passage of said resolution having been consented to by more than a majority, the Mayor declared
i _ (d4-(11_,-----
City Clerk Brenda Wheeler Ma' sr James R
RESOLUTION NO. 2004-48
COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
That the proposed schedules for special assessments against properties in Sanitary Sewer
Extension District No. 62 and Sanitary Sewer Extension District No. 63 be and are hereby
tentatively approved and placed on file with the City Clerk for inspection by all interested parties;
that the Mayor and City Council shall hold a special meeting at 218 South 16 Street on the 23rd
day of December 14, 2004, at 7:00 o'clock P.M. for the purpose of sitting as a Board of
Equalization to levy special assessments on the lots and parcels of land benefited by the
improvements in Sanitary Sewer Extension District No. 62 and Sanitary Sewer Extension District
No. 63; that notice of the time of holding such meeting and the purpose for which it is held shall be
published in The Enterprise, a legal newspaper published and of general circulation in the City at
least 10 days (two publications) before the date of said hearing; that the City Clerk is directed to
publish such notice in the form presented to this meeting, which form of notice shall be annexed to
the minutes showing passage of this resolution, and the Clerk shall mail copies of such notice to all
interested parties as provided by law.
COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON ROLL
CALL, COUNCIL MEMBERS VOTING "AYE" STEWART, SCHEVE, SHOTWELL,
FANOELE, WOLFF, ABBOTT AND BIFFAR AND COUNCIL MEMBERS ABBOTT
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 23RD DAY OF NOVEMBER, 2004.
CITY OF BLAIR, NEBRASKA
BY
J • + . RE - ALPH, MAYOR
ATTEST:
4>
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
):ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified, and
acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was
passed and adopted at a regular meeting of the Mayor and City Council of said City held on the
23rd day of November, 2004.
/,
BRENDA R. WHEELER, CITY CLERK
RESOLUTION NO. 2004- 49
COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA, AS FOLLOWS:
SECTION 1. The Mayor and City Council hereby find and determine: That
improvements made in Gap Paving Project No. 182, Water Extension District No. 42, and
Sanitary Sewer Extension No. 61 have been completed and none of the property described in the
proposed assessment schedules was damaged thereby; that schedules of proposed assessments
for said improvements, as changed as heretofore provided, are correct statements of special
benefits arising by reason of said improvements; that the lots and parcels of ground in said Gap
Paving Project No. 182, Water Extension District No. 42, and Sanitary Sewer Extension No. 61
have been specially benefited by said improvements in the amounts as shown on said schedules
as changed, and the amounts shown on said schedules as changed do not exceed the special
benefits to said lots and parcels of ground by reason of the improvements in said Gap Paving
Project No. 182, Water Extension District No. 42, and Sanitary Sewer Extension No. 61.
SECTION 2. There shall be and there are hereby levied against each of the lots and
parcels of ground set out in the attached schedules the amounts set out opposite said lots and
parcels of ground in said schedules, which schedules will be corrected to reflect any changes
heretofore made by the Board of Equalization. Said assessments shall become due 50 days after
the date of passage of this Resolution levying special assessments, any may be paid within said
time without interest, but any installment not paid by said dates shall draw interest at the rate of
7.0% per annum from and after the date of passage of this Resolution, and from and after date of
delinquency at the rate provided by law.
Said installments for Gap Paving Project No. 182, Water Extension District No. 41, and
Sanitary Sewer Extension No. 61 shall become delinquent in fifteen (15) equal installments, as
follows:
1 /15th- January 13, 2005
1 /15th- one year from date hereof
1 /15th- two years from date hereof
1 /15th- three years from date hereof
1 /15th- four years from date hereof
1 /15th- five years from date hereof
1 /15th- six years from date hereof
1 /15th- seven years from date hereof
1 /15th- eight years from date hereof
1 /15th- nine years from date hereof
1 /15th- ten years from date hereof
1 /15th- eleven years from date hereof
1 /15th- twelve years from date hereof
1 /15th- thirteen years from date hereof
1 /15th- fourteen years from date hereof
SECTION 3. All said assessments shall be a lien on the property on which levied from
the date hereof and shall be certified by the City clerk to the Treasurer of the City for collection.
SECTION 4. The Schedules of proposed assessments with any changes therein as
heretofore directed by the Board shall be attached to and made part of the Minutes of this
meeting and are hereby made a part of the Resolution as if fully stated herein.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHOTWELL.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL,
FANOELE, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS
NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION
PASSED AND APPROVED THIS 23RD DAY OF NOVEMBER, 2004.
ATTEST':
BRENDA R. WHEELER, CITY CLERK
(SEAL)
CITY OF BLAIR, NEBRASKA
S E. REALPH, 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 23rd day of November, 2004.
BRENDA R. WHEELER, CITY CLERK
City of Blair
218 South 16th Street
Blair, NE 68008 -1674
RE: Pittack Street Assessments
City Council:
I have listed below the assessments as I have figured them for the adjoining property owners of
the above referenced street.
Sincerely,
VEENSTRA. & I�IMM INC.
H. R. Veenstra Jr., P.E.
3952
October 25, 2004
Pronertv Owner
• Tax Lot #84 of Sec. 23, T18, R11
State of Nebraska
Tax Lot #118 of Sec. 23, T18, R11
Charlie's Speed and Machine
• Tax Lot #115 of Sec. 23, T18, R11
Donald and Neva Adamson
• Tax Lot #95 of Sec. 23, T18, RI 1
Omaha Public Power District
• Tax Lot #93 of Sec. 23, TI8, Ri l
Omaha Public Power District
• Tax Lot #120 of Sec. 23, T18, R11
W.P., LLC
• City of Blair
Paving
$49,039.54
$2,582.21
$24,699.40
$13,135.59
$25,822.10
$30,177.64
54
$1 50,375.35
If there are any questions, please call me at 402-391-0016.
Sewer
Civil • Environmental • Surveying • Planning
VEENSTRA & KIMM, INC.
2827 North 81' Street • Omaha, Nebraska 68134-6411
402- 397 -0016 •402- 397 -007 7(FAX) • 877- 241- 8007 (WAT5)
Water
$6,079.44 $7,199.90
$6,079.44 $7,199.90
$6,079.44 $7,199.90
$6,079.44 $7,199.90
$24,317.76 $28,799.60
COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, an Inter -Local Cooperation Agreement between the City of Blair, Nebraska,
and the Papio Missouri River Natural Resources District Board of Directors, both political
subdivisions of the State of Nebraska, has been presented to the City Council providing terms
and provisions concerning the development of a recreational master plan hereinafter referred to
as "MP ", a copy of which Agreement is attached hereto, marked Exhibit "A" and by this
reference made a part hereof, and
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
NOW, THEREFORE, BE IT RESOLVED that said Agreement referred to hereinabove is
hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby
authorized and directed to execute same on behalf of the municipality.
COUNCILMEMBER STEWART MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER WOLFF.
UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, ABBOTT, SHOTWELL,
FANOELE, WOLFF AND BIFFAR VOTING "AYE ", AND COUNCILMEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 23RD DAY OF NOVEMBER, 2004.
ATTEST:
7dbitm
NDA R. WHEELER, CITY CLERK
(SEAL)
RESOLUTION NO. 2004 - 50
CITY OF BLAIR, NEBRASKA
JAMES . REALPH, 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 23rd day of November, 2004.
BRENDA R. WHEELER, CITY CLERK
INTER -LOCAL COOPERATION AGREEMENT
Pursuant to Neb. Rev. Stat., Sec. 13 -801 et. Seq. (1997, as amended), this Inter -Local
Cooperation Agreement, hereinafter referred to as the Agreement, is entered into by the City of
Blair, Nebraska, and the Papio Missouri River Natural Resources District Board of Directors, all
political subdivisions of theState of Nebraska and hereinafter referred to as the Parties, on this
Z3 day of IV () , 2004.
The parties hereto agree as follows, to -wit:
1. PURPOSE:
The purpose of this Agreement is to contract for the joint development of a
recreational master plan(hereinafter referred to as MP) to provide for the
development of recreational and public uses at the California Bend Fish and
Wildlife Restoration project located adjacent to the City of Blair, in Washington
County. Said project to include, but not limited, to hiking, biking, and fishing.
2. SEPARATE LEGAL OR ADMINISTRATIVE ENTITY:
There shall be no separate legal or administrative entity created by this Inter -
Local Cooperation Agreement. Administration of this agreement is delegated to
the City Blair.
3. DURATION:
This Agreement shall continue until a MP has been completed, information
received, and costs associated therewith paid, or until otherwise terminated as
provided for hereinafter.
4. COST ALLOCATION:
The parties hereto agree to share equally for all costs associated with the MP
referenced herein, with the cost not to exceed $6500 per party without prior
approval of the participating parties.
5. TERMINATION:
This Agreement shall remain in affect until a MP has been completed,
information presented, and cost paid. Termination prior to that time shall require
the mutual written consent of all parties or as provided in Paragraph 7 below.
rr B c&i '►
6. ADMINISTRATION:
The City of Blair agrees to be the lead agency, and further agrees to be the
contracting agency with the consultant to be hired to complete the MP. The City
agrees to consult with the other parties prior to execution of any contract. The
parties further agree to each appoint a representative to an advisory committee
consisting of not more than seven(7) members, which shall also include a
representative of Gateway Development Corporation, County Planning Dept.,
Blair Parks Board, one member at large appointed by the Mayor, and Blair Area
Chamber.
7. RATIFICATION:
Each party agrees to consider the recommendation by the joint committee which
shall include the following:
a. Firm or individual who will conduct the study;
b. Scope of the study; which shall include at least two public meetings to
gain input from the public. One at the start of the project, and one after a
final draft has been completed.
c. Contractual terms; and
d. Costs of study.
e. The Committee and Consultant shall coordinate all proposed plans with
NRD and other necessary agencies to ensure proposed plan is in
conformance with any and all development restrictions that may be in
place due to the intent and funding of the original California Bend Project.
f. Upon approval of the MP by the committee, the committee shall submit a
copy of the proposed plan to each governing board for acceptance prior to
City making final payment for contract completion.
1. ADOPTION OF RESOLUTION:
Each party agrees to adopt this Agreement by Resolution and each shall file the
same with the Clerk for the City of Blair, and the Papio Missouri River Natural
Resources District Board Secretary.
ATTES
DATED this 2.3 day of N)\2rr . 2004.
BRENDA R. WHEELER, CITY CLERK
ATTEST:
CITY OF BLAIR, NEBRASKA
PAPIO MISSOURI RIVER NATURAL RESOURCES DISTRICT
BOARD OF DIRECTORS
3
Date: 7 December, 2004
To: Joint Programs, Projects & Operations and Finance, Expenditures and Legal
Subcommittee Meeting.
Re: Interlocal Cooperation Act Agreement with City of Blair.
From: Jim Becic
The City of Blair is requesting that the Papio - Missouri River Natural Resources District
(District) enter into an Interlocal Cooperation Act Agreement to cost -share the development
of a Recreational Master Plan for the development of recreational and public uses at the
California Bend Fish and Wildlife Restoration project. Total cost is estimated not to exceed
$13,000.
The site is an approximately 210 acre area, adjacent to and north of the City of Blair
(Optimist Park) and the habitat restoration was jointly completed with funding from the
Corps of Engineers, the Nebraska Environmental Trust and the District. The District owns
the majority of the site in fee, with several acres remaining as permanent easements.
The City of Blair will be the lead agency for the development of this Master Plan and if
approved, it will take approximately six months to complete.
It is the staff recommendation that the Joint Programs, Projects & Operations and
Finance, Expenditures and Legal Subcommittees recommend to the Board to approve
this Interlocal Cooperation Agreement with the City of Blair to develop a Recreational
Master Plan for the California Bend Fish and Wildlife Restoration Project in
Washington County, Nebraska. It is further recommended that the estimated
$13,000.00 cost to develop this Master Plan be shared equally (50% City of Blair —
50% District) with an amount not to exceed $6500.00 of District cost and that the
General Manager be authorized to sign the Agreement with modifications approved as
to form by District legal counsel.
* * * * * * * * * * * * * **
RESOLUTION RATIFYING AND APPROVING PRIOR ACTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR IN APPROVING THE EXECUTION AND DELIVERY OF AN
INTERLOCAL AGREEMENT WITH THE COUNTY OF WASHINGTON IN THE STATE OF
NEBRASKA AND CERTAIN OTHER CITIES AND VILLAGES TO EFFECT THE CREATION OF
THE WASHINGTON COUNTY PUBLIC SAFETY COMMUNICATIONS AGENCY.
WHEREAS, Washington County, Nebraska and various providers of emergency services within
Washington County, consisting of the County Sheriff Department and other local law enforcement
entities; city, village, rural and suburban fire districts; and, school districts, public works departments,
public utilities and other political subdivisions and agencies, have need for updated emergency radio
communications services operating with currently available technology and providing interoperability;
WHEREAS, it is necessary to utilize current state law to create under an interlocal cooperation
agreement, a qualifying agency to procure such emergency radio communications system and that to
form such agency, to be known as the Washington County Public Safety Communications Agency, it is
necessary that two or more political subdivisions enter into agreement to form said Agency for the
creation of a countywide communications system;
WHEREAS, The Board of Supervisors of Washington County did on August 10, 2004 by its
Resolution No. 2004 -22 adopt and approve the form of agreement for the creation of the Washington
County Public Safety Communications Agency;
WHEREAS, The Mayor and Council of the City of Blair did on July 13, 2004 by passage and
adoption of its Resolution No. 2004 -29 grant approval to the above said Interlocal Agreement in
preliminary form, subject to subsequent additional ratifying action of the Mayor and City Council, and
based upon said Resolution No. 2004 -29, said Interlocal Agreement was approved and executed by the
Mayor and attested by the City Clerk on August 30, 2004.
NOW THEREFORE BE IT RESOLVED, that the Mayor and City Council of the City of Blair,
Nebraska, find and determine it to be desirable and in the best interests of the City of Blair that the
Mayor and City Council confirm and ratify the determination of the City of Blair to enter into said
interlocal agreement, with Washington County in the form previously presented and now appended to
this resolution and the said agreement be and hereby is approved and the prior action of the Mayor and
City Clerk in the execution and delivery of the said interlocal agreement to Washington County be and
hereby is ratified and approved in all respects.
ATTEST:
PASSED this 14 day of December 2004.
CI y Clerk
[SEAL]
WashcountylntelocalAgreeBlair. DOC
RESOLUTION NO. 2004 -51
ATTEST:
RESOLUTION NO. 2004 -22
RESOLUTION APPROVING THE FORM OF AN
INTERLOCAL COOPERATION ACT AGREEMENT CREATING THE
WASHINGTON COUNTY PUBLIC SAFETY COMMUNICATIONS AGENCY
AND AUTHORIZING THE EXECUTION THEREOF
BE IT RESOLVED by the Chairman and Board of Supervisors of the
County of Washington, in the State of Nebraska, as follows:
Section 1. That the Chairman and Board of Supervisors have reviewed
the need and desirability of creating and or upgrading the emergency radio
communications system of the County.
Section 2. The Chairman and Board of Supervisors find and determine
that it is in the best interests of the County and its residents to provide for the
creation of an improved countywide emergency radio communications system
which will provide interoperability for other providers of emergency services and
other users of such communications system and which system may interconnect
and be operationally compatible with the emergency communications systems of
other political entities and providers of emergency services.
Section 3. In order to provide for funding the costs of a countywide
emergency communications system and to provide for interoperability with other
providers of emergency services and providers of services related thereto, it is
necessary and desirable to create, through an Interlocal Cooperation Act
Agreement, an agency to construct and acquire and operate a countywide
emergency radio communications system; and, the Interlocal Cooperation Act
Agreement presented to this meeting and appended hereto, be and the same is
hereby approved in substantially the form presented, and the Chairman and Board
of Supervisors are each hereby authorized to execute said Interlocal Cooperation
Act Agreement creating the Washington County Public Safety Communications
Agency, with such changes and amendments to said agreement as shall be
determined by the Chairman and Board of Supervisors of Washington County,
Nebraska.
PASSED AND ADOPTED this 10 day of August, 2004.
Acting Chairman, Board of Supervisors
INTERLOCAL COOPERATION ACT AGREEMENT
CREATING THE
WASHINGTON COUNTY PUBLIC SAFETY COMMUNICATIONS AGENCY
THIS AGREEMENT is made this as of the 10 day of August, 2004, by and
among Washington County, Nebraska, the City of Blair, Nebraska, the City of Fort
Calhoun, Nebraska, the Village of Arlington, Nebraska, the Village of Herman Nebraska,
the Village of Kennard, Nebraska, and the Village of Washington, Nebraska, hereinafter
collectively referred to as "Members."
CREATION OF THE PUBLIC SAFETY COMMUNICATIONS AGENCY
Pursuant to Sections 13 -801 to 13 -827 of R.R.S. Neb. 1943, as amended (the
"Interlocal Cooperation Act "), the Members hereby create a joint entity which shall be
named the Washington County Public Safety Communications Agency (the "Agency ")
and shall constitute a separate body corporate and politic under the provisions of the
Interlocal Cooperation Act. The Agency shall be subject to control by the Members in
accordance with the terms of this Agreement. The governing body of each Member
shall have approved this Agreement by resolution. A certified copy of each approving
resolution shall be kept on file at the Agency's office. The Agency's existence shall
commence upon the execution of this Agreement on behalf of at least two Members.
'.7
11.
PURPOSES
The purposes of the Agency are as follows:
(a) To make efficient use of the powers of the Members by enabling them to
cooperate with each other on a basis of mutual advantage and thereby provide services
and facilities in a manner and pursuant to forms of governmental organization that will
accord best with geographic, economic, population and other factors influencing the
needs and development of the local communities.
(b) To provide or contract for the acquisition, finance, construction and
operation of a public safety communications system to provide emergency and public
safety communications in Washington County, including communication services
related to law enforcement, fire management, medical services, road maintenance
services, school transportation services, public utilities, homeland security services, and
emergency and disaster relief services.
(a)
111.
ORGANIZATION
Advisory Members, The City of Blair, the City of Fort Calhoun, and the
Villages of Arlington, Herman, Kennard, and Washington, shall be non - voting members
of the Agency. Each City and Village shall by resolution appoint a non - voting
representative to the Agency's governing body. Any such representative may be either
an elected public official of the non - voting member or an employee of such non - voting
member with responsibility or familiarity with public safety matters. The resolution of
2
appointment shall take effect upon filing of a certified copy of such resolution at the
Agency's office.
(b) Governing Body. The governing body of the Agency shall be the Board of
Supervisors of Washington County (the "Board ").
(c) Voting. Each member of the Board shall have one vote.
(d) Quorum. A majority of all members of the Board shall constitute a quorum
for the transaction of any Agency business.
(e) Officers. The Chairman of the Washington County Board of Supervisors
shall be the Agency's Chairman. The County Clerk of Washington County shall be the
Agency's Secretary. The County Treasurer of Washington County shall be the
Agency's Treasurer.
(0
Meetings and Notice. Meetings of the Agency's governing body may be
called in the same manner and on the same notice as meetings of the Washington
County Board of Supervisors.
(g) Agency Leaal Counsel. The Washington County Attorney shall be the
Agency's legal counsel.
IV.
DURATION
The Agency shall have a life of twenty -five (25) years, commencing with the date
hereof; provided, however, if after bonds have been issued by the Agency and retired
prior to such termination date and any and all other contractual obligations of the
Agency have been satisfied, this Agreement and the existence of the Agency may be
terminated at the option of the Agency's governing body.
3
V.
INITIAL MEMBER CONTRIBUTION /SERVICE AGREEMENT
Washington County shall contribute all costs necessary to fund the
establishment, organization and initial operating expenses of the Agency and hereby
agrees to enter into a service agreement with the Agency as provided by the Public
Safety Communications Act and any amendments thereto in order to provide amounts
payable with respect to debt service on bonds to be issued by the Agency to pay all or a
portion of the costs of a public safety communications system.
VI.
POWERS
The Agency shall have such powers as are allowed by the Interlocal Cooperation
Act, and any amendments thereto, and the Nebraska Public Safety Wireless
Communication System Act, Sections 86 -401 to 86-419 of R.R.S. Neb. 1943 as
amended (the "Public Safety Communications Act "), including, but not limited to, the
powe rs:
(a) to sue and be sued;
(b) to have a seal and alter the same at pleasure or to dispense with the
necessity thereof;
(c)
to make and execute contracts and other instruments necessary or
convenient to the exercise of its powers, including service agreements as provided by
the Public Safety Communications Act and any amendments thereto;
4
(d) from time to time, to make, amend, and repeal bylaws, rules and
regulations, not inconsistent with the lnterlocal Cooperation Act and this Agreement, to
carry out and effectuate its powers and purposes;
(e) to make all necessary rules and regulations governing the use, operation
and control of a public safety communications system;
(f) to establish just and equitable rates or charges for the use of the public
safety communications system, any property or equipment associated therewith, or any
services provided in connection with said system;
(g) to purchase, plan, develop, construct, equip, maintain and improve a
public safety communications system, including the lease or acquisition of real estate or
rights therein by gift, grant, purchase or condemnation, as necessary for the
construction and operation of such a system;
(h) to acquire, hold, use and dispose of the any reserves derived from the
operation of a public safety communications system;
(i) to acquire, hold, use and dispose of other personal property for the
purposes of the Agency;
(j) to provide public safety communications services within Washington
County and in coordination with adjacent counties and the State of Nebraska;
(k) to make or cause to be made engineering studies and surveys necessary
or useful and convenient to carrying out the functions of the Agency;
(1) to contract with and compensate consultants for professional services
including, but not limited to, architects, engineers, planners, lawyers, accountants, and
others found necessary or useful and convenient to the stated purposes of the Agency;
5
(m) to provide for a system of budgeting, accounting, auditing and reporting of
all Agency funds and transactions, for a depository, and for bonding of employees;
(n) to consult with representatives of Federal, State and local agencies,
departments and their officers and employees and to contract with such agencies and
departments for services and equipment as needed for the public safety
communications system;
(o) to exercise such other powers as are available under the then existing law
of each Member;
(p)
to borrow money, make and issue negotiable bonds, certificates, bond
anticipation notes, refunding bonds and notes, all in accordance with Sections 13 -808
through 13 -824 of the Interlocal Cooperation Act, and any amendments thereto, and to
secure the payment of such bonds, certificates, refunding bonds and notes or any part
thereof by a pledge of any or all of the Agency's net revenues and any other funds or
property which the Agency has a right to, or may hereafter have the right to pledge for
such purposes;
(q) to provide in the proceedings authorizing such obligations for remedies
upon default in the payment of principal and interest on any such obligations, including,
but not limited to, the appointment of a trustee to represent the holders of such
obligations in default and the appointment of a receiver of the Agency's property, such
trustee and receiver to have the powers and duties provided for in the proceedings
authorizing such obligations;
(r) to receive payments for the use of the public safety communications
system and associated equipment and property;
6
(s) to hire employees, fix their compensation, benefits, personnel rules and
regulations, and terminate their employment;
(t) to employ a manager which may be a political subdivision or other entity
or person and which may exercise such of the Agency's powers as shall be determined
by contract and as determined by the Board from time to time; and
(u
to borrow money and accept grants, contributions, property or loans from,
and to enter into contracts, leases, or other transactions with Municipal, County, State,
or the Federal Government, including any Member.
VII.
TECHNICAL COOPERATION FROM MEMBERS
The Members agree to respond to reasonable requests to make information
available to the Agency or its manager for the purposes of this Agreement, and to
assure that any engineers and consultants hired by the Members release to the Agency
materials, data and other items pertinent to this Agreement.
VIII.
BUDGETING
The Board shall prepare a budget based on a fiscal year ending June 30 of each
year for the operation of the Agency, the same to be adopted by the Board no later than
August 31 of each year.
IX.
NOT FOR PROFIT
It is expressly understood that the Agency is a public body and is to be operated
not for profit, and no profit or dividend will inure to the benefit of any individual.
7
County.
X,
DISSOLUTION
Upon dissolution of the Agency, all assets shall be distributed to Washington
xl,
MANNER OF ACQUIRING AND HOLDING PROPERTY
The Board may lease, purchase, or acquire by any means, from a Member or
from any other source, such real and personal property as is required for the operation
of the Agency and for carrying out of the purposes of this Agreement. The title to all
such property, personal or real, shall be held in the name of the Agency.
All conveyances of real property owned or held in the name of the Agency shall
be authorized by resolution of the Board and executed by the Chairman on behalf of the
Agency.
xll,
AMENDMENT OF AGREEMENT
This Agreement may be amended upon approving resolutions adopted by the
governing body of each Member that approved this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this lnterlocal
Cooperation Act Agreement by their respective duly authorized representatives.
THE COUNTY }OF WASHINGTON, IN THE STAT OF NEBRAS - A
Supervisor
n
Supervisor
r
ervisor
County Jerk
Date of Execution: /f//O , 2004
9
Supervi
CITY OF BLAIR, NEBRASKA
City Clerk
Date of Execution:
, 2004
10
Mayor
Attest:
City Clerk
CITY OF FORT CA NOUN, BRASKA
Date of Execution:
2004
11
VI OF ARnIGTON, NEBRASKA
Chairperson
Attest:
Village Clerk .
Date of Execution: LuiA" 13 , 2004
12
VILLAGE OF HERMAN, NEBRASKA
_IL,,,,,e,.1 w 4,,,,
Chairperson
Attes
1
11 age Clerk '
Date of Execution
// , 2004
13
VILLAGE OF KENNARD, NEBRASKA
al mon
A ttest:
Village Clerk '
Date of Execution: .41X t 7 , 2004
14
VILLAGE OF WASHINGTON, NEBRASKA
hairperson
Attes
%.!ea �A d
i age Clerk
Date of Execution:
OOCS/617768.4
15