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2009-27RESOLUTION NO. 2009 - 27 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska wishes to enter into an agreement with the State of Nebraska Department of Roads for improvements on US Highway 30 from 14 Street to the Missouri River Bridge, Project No. NH- 30- 7(116). 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 KEPHART MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHEPARD. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, KEPART, FANOELE, CHRISTIANSEN, WOLFF, ABBOTT AND JENSEN VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 8TH DAY OF SEPTEMBER, 2009. ATTEST: ®' RENDA WHEELER, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA J M 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 8th day of September, 2009. A BRENDA R. WHEELER, CITY CLERK THIS AGREEMENT, made and entered into by and between the City of Blair, a municipal corporation of the State of Nebraska, hereinafter referred to as the "City," and the State of Nebraska, Department of Roads, hereinafter referred to as the "State." WITNESSETH: WHEREAS, it is the desire of the parties that a portion of US -30 in Blair be improved at the location as shown in Exhibit "A" attached, which is hereby made a part of this agreement, AGREEMENT PROJECT NO. NH -30- 7(116) STATE CONTROL NO. 22328 CITY OF BLAIR STATE OF NEBRASKA, DEPARTMENT OF ROADS IMPROVING HIGHWAY US -30 IN BLAIR and WHEREAS, said improvement is located within the designated urban area of Blair, Nebraska, and funds administered by the State, hereinafter known as "State Funds," have been made available for the construction of improvements such as this, and WHEREAS, this project has been designated as being eligible for American Recovery and Reinvestment Act Funds, hereinafter referred to as "ARRA Funds" to be used for the project by the Department of Transportation, Federal Highway Administration, hereinafter referred to as the "FHWA ", in compliance with Federal Laws pertaining thereto, and WHEREAS, the City's matching share of the construction costs of the project have been designated as being eligible for C200 ARRA Funds by the FHWA, and WHEREAS, C200 ARRA Funds will be allowed to fund the City's matching share of the capped at the award amount, plus 3 percent for contingencies, of the construction costs of the project, hereinafter referred to collectively as the "City's ARRA Capped Amount ", and WHEREAS, ARRA Funds will not be allowed to fund any preliminary engineering, right of way, utility, or construction engineering costs of the project, and WHEREAS, City Federal Funds will be allowed to fund 80 percent of the City's matching share of the construction engineering costs of the project, and WHEREAS, any charges beyond the City's ARRA Capped Amount and the City's matching share of the construction engineering costs will be funded with City funds, and WHEREAS, Federal Regulations provide that the City shall not profit or otherwise gain from local property assessments that exceed the City's share of project costs, and WHEREAS, it is the further desire of the City that the proposed urban construction be included in a project under the designation of Project No. NH -30- 7(116), as evidenced by the I 9 Resolution of the City Council dated the day of 5 f nhiYtkO , 2009, attached hereto, identified as Exhibit "B," and hereby made a part of this agreement, and WHEREAS, the description of the project is as follows: From just east of 14 Street to the Cameron Ditch bridge this project will consist of repairing the existing concrete pavement where necessary, diamond grinding, and sealing cracks and joints; from the Cameron Ditch bridge to the Missouri River bridge this project will consist of replacing the existing 24 -foot wide concrete roadway with new concrete pavement, and repairing the existing shoulders as necessary to use them in place. NOW THEREFORE, in consideration of these facts and the mutual promises of the parties hereto, it is hereby agreed that the construction or reconstruction of the aforesaid highway between construction limits described in Exhibit "A" attached hereto, denoting Project No. NH -30- 7(116), shall be accomplished according to and in the manner provided by plans and specifications to be prepared by the State, which are to be, by this reference, made a part of this agreement. And the parties agree further as follows: SECTION 1. The City agrees for the portion of the project within its corporate limits: (a) To pass and enforce an ordinance as required to effect the following restrictions within the project limits: No Parking (b) To prohibit business establishments being located in such a way that vehicle being served will be required to stand on said public highway right of way. (c) To require that all future entrances from private property to the public right of way within the limits of this project receive prior approval of the Director or his authorized representative. (d) To clear, at no cost to the State, the present right of way of this project of all advertising signs. The City also agrees, at no cost to the State, to clear any other privately owned facility or thing that may interfere with the construction, maintenance and operation of the improvement planned in this project, and to keep the old and new right of way free of future encroachments, except those authorized by permit from the City and approved by the State and Federal Highway Administration. (e) If the City performs any part of the work on this project itself, the City agrees to abide by the provisions of the Nebraska Fair Employment Practices Act as provided by Neb.Rev.Stat. §48 -1101 through 48 -1126, and all regulations relative to nondiscrimination in federally assisted programs of the Department of Project No. NH -30- 7(116) - 2 - City of Blair Transportation, Title 49 CFR, Parts 21 and 27 as set forth in Exhibit "C" attached hereto and hereby made a part of this agreement. The reference to "Contractor" in this exhibit shall mean the "City." (f) Any changes in the roadway geometrics, either during project construction or after the project is completed, including but not limited to access control, driveways, median breaks, parking restrictions or any other traffic control items shall require prior approval of the State . (g) To provide, where the proposed construction involves a change in the grades established by City ordinance, that an amendment to said ordinance be passed, reestablishing said grades as shown in the plans without cost to the State. SECTION 2. It is agreed and understood by the parties hereto that Federal -Aid Policy Guide, 23 CFR 645A, "Utility Relocations, Adjustments and Reimbursement ", and Federal -Aid Policy Guide, 23 CFR 645B, "Accommodation of Utilities" issued by the U.S. Department of Transportation, Federal Highway Administration, as supplemented, revised or updated heretofore, is hereby expressly made a part of and incorporated into this agreement by this reference. By signing this agreement, the City agrees to adopt, on the improvement contemplated in this agreement the Nebraska Department of Roads' Policy for Accommodating Utilities on State Highway Right of Way issued by the State August, 1998, and its subsequent revisions or additions. The City further agrees: (a) To comply with Neb.Rev.Stat. §39 -1361, and the rules and regulations of the Department of Roads before making or allowing to be made, any utility excavation, pavement cuts or performing other activity upon said highway, and shall be responsible to see that all such work is performed according to the rules and regulations of, and by authority of a permit granted by the Department of Roads of the State of Nebraska. (b) To furnish or cause to be furnished all of the labor, tools, equipment and materials for the rehabilitation of its municipally owned utilities as made necessary by the construction of this project. (c) To prepare and submit to the State upon receipt of preliminary construction plans for this project a plan and estimate detailing anticipated location and nonbetterment costs for the rehabilitation of all municipally owned utilities as made necessary by this project. It is mutually understood that all nonbetterment municipal utility rehabilitation costs within the corporate limits of the City will Project No. NH -30- 7(116) - 3 - City of Blair become a project cost, but that outside said City limits only the nonbetterment portion of the rehabilitation costs of facilities currently occupying private right of way will be reimbursed. The cost of nonbetterment rehabilitation of municipally owned and operated utilities within the corporate limits is currently unknown. Should this project necessitate the nonbetterment rehabilitation of any municipally owned and operated utilities, the parties hereto agree to enter into an agreement to provide for the design and construction of the nonbetterment utilities and the reimbursement to the City for the State's share of the costs of the rehabilitation of municipally owned and operated utilities. Said agreement shall be entered into prior to utility work beginning. SECTION 3. The City and State agree the City's project funding share will be as follows: (a) The City's share will be 50 percent of the preliminary engineering, right of way, utilities, construction and construction engineering costs of the four lane portion of the project, as shown in Exhibit "A" attached. The City's share is currently estimated to be $259,900. Both parties recognize this is a preliminary estimate and the final cost may well be higher or lower. Costs incurred by the State with respect to the entire project shall be considered as a part of the total cost of the project to be paid out of City and State funds. The State may, at its discretion, invoice the City for costs incurred by the State prior to letting and during the progression of the project. (b) The State agrees to the City's and Nebraska League of Municipalities' request that C200 ARRA Funds be used on this project for the City's ARRA Capped Amount. The City's ARRA Capped Amount will be calculated using bid prices and plan quantities and then adding 3 percent for contingencies. The City's ARRA Capped Amount is currently estimated to be $239,805. (c) C200 ARRA Funds will not be used for preliminary engineering, right of way, utilities, and construction engineering costs of the project. (d) The City's share of the preliminary engineering cost is currently estimated to be $3,798. The State will determine the City's preliminary engineering cost share by dividing the project's total preliminary engineering cost by the project's total construction cost and then multiplying the resulting percentage times the City's construction cost share. (e) The City's share of the right of way and utilities costs is currently estimated to be $0. If necessary, the City's utility and right of way cost shares shall be 50 Project No. NH -30- 7(116) - 4 - City of Blair percent of the project eligible utility relocation and right of way costs that are located within the City's matching share portion of the project, as shown in Exhibit "A" attached. The State shall determine what utility work is eligible to be a project cost. (f) The State agrees to the City's request that City Federal funds be used on this project for 80 percent of the City's 50 percent matching share of the construction engineering costs. The remaining 20 percent of the City's 50 percent matching share will be funded with City funds. The City's 50 percent matching share of the construction engineering costs is currently estimated to be $16,297, of which $13,038 will be funded with City Federal funds (Federal Urban STP Funds) and $3,259 with City funds. The State will determine the City's construction engineering cost share by dividing the project's total construction engineering cost by the project's total construction cost and then multiplying the resulting percentage times the City's construction cost share. (g) The total cost of the project, which includes preliminary engineering, right of way, utility, construction and construction engineering costs, is currently estimated to be $851,880. (h) Upon award of a construction contract the State will invoice the City for their 50 percent share of unbilled preliminary engineering, utilities, and right of way costs, along with the City's 20 percent share of the City's 50 percent share of unbilled construction engineering costs. The City agrees to pay the State within thirty days after receipt of the billing from the State. The final settlement between the City and the State will be made following final audits and when the final costs have been determined by the State. The final City costs will be calculated based upon actual project costs. SECTION 4. All traffic control devices will conform to the latest approved edition of the Manual on Uniform Traffic Control Devices. If the City is to perform or contract for any work, they will develop a traffic control plan. The plan will be provided to the State's Project Manager for approval and acceptance. It will be the City's responsibility for the operation and maintenance of the approved traffic control plan. SECTION 5. The City further agrees to comply with all traffic safety regulations, including those prescribed in the latest approved edition of the Manual of Uniform Traffic Control Devices and to use extreme caution when working in the State right of way and not block or encroach upon any traffic lane without first providing appropriate traffic control to direct traffic. Project No. NH -30- 7(116) - 5 - City of Blair SECTION 6. It is hereby agreed that plans and specifications for the above mentioned project will be on file in the office of the Department of Roads, Lincoln, Nebraska. SECTION 7. The City and State will fully cooperate to cause the removal from public right of way, or correction or alteration in the public right of way, as necessary for the construction of the aforesaid project, of all pipe lines, poles or other underground or overhead services not owned by the City and are located within the corporate limits. SECTION 8. The State hereby agrees: (a)' To prepare and convey to the City, prior to construction, plans for the proposed subject project. (b) To advertise and conduct a letting and receive bids on the contemplated improvement. The City agrees that the State will award the contract to the lowest responsible bidder and that said contract shall be signed only by the State. (c) To supervise and cause completion of the construction of the improvement as shown in the plans. (d) To acquire all additional right of way and do all things, in pursuance of the aforesaid project, not specifically assumed by the City. (e) To reimburse the City for the nonbetterment rehabilitation of municipally owned utility facilities as provided in Section 2(c). (f) To construct that portion of the project located outside the City limits without cost to the City, except as provided in Section 2(c). SECTION 9. The parties hereto agree that the State shall make sole determination as to the scheduling of the construction for this project. Project No. NH -30- 7(116) - 6 - 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. ATTEST: EXECUTED by the City this day of c , 2009. CITY OF BLAIR City Clerk or EXECUTED by the State this lay of RECOMMENDED: Tim Weander, P.E. Disfrict 2 Eng er AGRS4 -PX Project No. NH -30- 7(116) - 7 - City of Blair , 2009. STATE OF NEBRASKA DEPARTMENT OF ROADS James J. Knott, P.E. L I 9 z ..‘•`:. •'"'.:-.?...• 1:: :IP \'•::.:›...., ..,./ III • • .., • *4* " . 1 0 :P r t ' ''''':::•::::.'.,,, ........ f, Adam, — Inr 46466 , hi vie;;SI 7 hi Wright St Jackson hi State Llncolnat, hi Colfax .5,2 South St HWY. US-30 R.P. 450+42 STA. 10098+00 END CONCRETE PAVEMENT REPLACEMENT END CONSTRUCTION HWY. US-30 R.P. 450+21 STA. 10086+74.4 END CONCRETE PAVEMENT REPAIR BEGIN CONCRETE PAVEMENT REPLACEMENT R 12 E hi Front St hi NH-30-7(116) C.N. 22328 In 6462 Jackson St Grant St l .(‘'5 BLAIR WASHINGTON COUNTY NEBRASKA 0 MINN MINI MEN 0 hi , • zs2 6 Riverview r - V.%;: t ;; 00 5 . 1 Industrial Dr In P120 hi 1n6456 6k. 7*, st Sheridan n 222 County Road 22 HWY. US-30 R.P. 448+57 STA. 100+37 BEGIN PROJECT BEGIN CONCRETE PAVEMENT REPAIR BEGIN CITY PARTICIPATION Dixon Rd Fairview Dr HWY. US-30 R.P. 449+93 STA. 10072+15 END CITY PARTICIPATION Ke lly Ryan Dr R.P. 449+75 EQUA: STA. 162+82.99 BK.= STA. 10063+00.00 AH. EXHIBIT "A" COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska wishes to enter into an agreement with the State of Nebraska Department of Roads for improvements on US Highway 30 from 14 Street to the Missouri River Bridge, Project No. NH- 30- 7(116). 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 KEPHART MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHEPARD. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, KEPART, FANOELE, CHRISTIANSEN, WOLFF, ABBOTT AND JENSEN VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 8TH DAY OF SEPTEMBER, 2009. ATTEST: (SEAL) �w BRENDA WHEELER, CITY CLERK RESOLUTION NO. 2009 - 27 CITY OF BLAIR, NEBRASKA E 64 " g) ) :ss: WASHINGTON COUNTY ) STATE OF NEBRASKA 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 8th day of September, 2009. Th BRENDA R. WHEELER, CITY CLERK During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor "), agrees as follows: (1) Compliance with Reaulations: The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Parts 21 and 27, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the basis of disability, race, color, sex, religion or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix "A," "B," and "C" of Part 21 of the Regulations. (3) NONDISCRIMINATION CLAUSES Solicitations for Subcontracts. Includina Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of disability, race, color, sex, religion or national origin. (4) Information and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, -records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies, and /or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. EXHIBIT "C"