2009-39RESOLUTION NO. 2009 - 39
COUNCIL MEMBER CHRISTIANSEN INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair, Nebraska wishes to enter into Supplemental Agreement No. 1
with the State of Nebraska Department of Roads for the renovation of the Depot in Lions Park
Project No. ENH- 89(26),
WHEREAS, this Supplemental Agreement No. 1 amends the original agreement to provide
for the State to advertise, conduct a letting and receive bids for the project and pay all eligible
project costs directly to the consultants and contractors, and
WHEREAS, this Supplemental Agreement No. 1 extends the deadline for securing a
construction contract to construct the project, and
WHEREAS, this Supplemental Agreement No. 1 states that Federal regulations provide the
State be responsible for all Federal -Aid projects, and
WHEREAS, this Supplemental Agreement No. 1 requires the City designate Allen
Schoemaker to act as "Responsible Charge" (RC) for this Federal -aid Transportation project who
has successfully completed training required by the State to service as an RC for the Federal -Aid
Transportation project, and
WHEREAS, the project has been designated as a full Federal oversight project,
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF NEBRASKA CITY, NEBRASKA, that the City of Blair has entered into
Supplemental Agreement No. 1 with the State of Nebraska Department of Roads for the renovation
of the Depot in Lions Park, Project Number ENH- 89(26), State Control No. 22355; the terms and
conditions as contained in Supplement Agreement No. 1 with the Nebraska Department of Roads
is hereby approved, and the Mayor and City Clerk are hereby authorized to execute said
Agreement.
COUNCILMEMBER CHRISTIANSEN MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT.
UPON ROLL CALL, COUNCILMEMBERS STEWART, ABBOTT, WOLFF, CHRISTIANSEN
AND KEPHART VOTING "AYE ", AND COUNCILMEMBERS JENSEN, FANOELE AND
SHEPARD VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION
PASSED AND ADOPTED THIS 8 DAY OF DECEMBER, 2009.
ATTEST:
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
CITY OF BLAIR, 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
December, 2009.
BRENDA R. WHEELER, CITY CLERK
SUPPLEMENTAL AGREEMENT NO. 1
STATE OF NEBRASKA DEPARTMENT OF ROADS
CITY OF BLAIR
PROJECT NO. ENH- 89(26)
CONTROL NO. 22355
BLAIR DEPOT IN THE PARK
THIS SUPPLEMENTAL 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 ", and hereinafter referred to collectively as the "Parties ".
WITNESSETH:
WHEREAS, the Parties hereto entered into an Original Agreement (YL0843) executed
by the City July 22, 2008 and by the State August 7, 2008, providing for the construction of
Project No. ENH- 89(26), and
WHEREAS, it now becomes necessary that said agreement be supplemented to provide
for the State to advertise, conduct a letting, and receive bids for the project and pay all eligible
project costs directly to the consultants and contractors, and
WHEREAS, it now becomes necessary to supplement the agreement to extend the
deadline for securing a construction contract to construct the project, and
WHEREAS, Federal regulations provide that the State shall have the responsibility for all
Federal -Aid projects, and will be responsible for insuring that such projects receive the same
degree of supervision and inspection as projects constructed under a contract let and directly
supervised by the State and that the project is completed in conformity with approved plans and
specifications, and
WHEREAS, the City has designated an available fully - qualified public employee to act
as "Responsible Charge" (RC) for the subject Federal -aid Transportation project, and
WHEREAS, the RC has successfully completed training required by the State to serve
as an RC for the Federal -aid Transportation project, and
WHEREAS, the RC will be in day -to -day responsible charge of all aspects of the project,
from planning through post- construction activities and maintain the project's eligibility for
Federal -aid Transportation project funding, and
WHEREAS, the City understands that it must comply with all terms of 23 C.F.R. 635.105
order for this Federal -aid transportation project to be eligible for Federal funding, and
WHEREAS, the City will support the RC and is ultimately responsible to ensure that, at a
minimum, (1) the project receives independent and careful development, supervision and
inspection, (2) the project is constructed in compliance with the plans and specifications, (3) all
Y L0843 Sul?l*1
aspects of the project from planning through construction activities, including all environmental
commitments remain eligible for Federal funding, and (4) decisions made and actions taken for
the project have adequate supporting documentation filed in an organized fashion, and
WHEREAS, this project has been designated as a full Federal oversight project, and
WHEREAS, it is the desire of the City that the project be constructed under the
designation of Project No. ENH- 89(26), as evidenced by the Resolution of the City Council
dated the day of Dec-cmbeC , 20 ('ok, attached and identified as EXHIBIT
"A' and made a part of this agreement, and
WHEREAS, the City is responsible for any costs not paid for by Federal funds.
NOW THEREFORE, in consideration of these facts, the Parties hereto agree as follows:
SECTION 1. Definitions. For purposes of this agreement, the following definitions will apply:
Fully Qualified means a person who has satisfactorily completed all applicable State
training courses and who has met the other requirements necessary to be included on the State
list of qualified Local Public Agency "Responsible Charge" (RC's).
Full -Time Public Employee means a public employee who meets all the requirements
and is afforded all the benefits of full -time employees as that phrase is applied to other
employees of the employing entity. A person is not a full -time employee if that person provides
outside private consulting services, or is employed by any private entity, unless that person can
prove to the State in advance, that employee's non - public employment is in a field unrelated to
any aspect of the project for which Federal -aid is sought.
Public Employee means a person who is employed solely by a county, a municipality, a
political subdivision, a Native American tribe, a school district, another entity that is either
designated by statute as public or quasi - public, or entity included on a list of entities determined
by the State and approved by the Federal Highway Administration (FHWA), as fulfilling public or
quasi - public functions.
Responsible Charge means the public employee who is fully empowered by the City
and has actual day -to -day working knowledge and responsibility for all decisions related to all
aspects of the Federal -aid project from planning through construction project activities, including
all environmental commitments. The RC is the day -to -day project manager, and the City's
point -of- contact for the project. Responsible charge does not mean merely delegating the
various tasks; it means active day -to -day involvement in identifying options, working directly with
stakeholders, making decisions, and actively monitoring project construction. It is understood
that RC may delegate or contract certain technical tasks associated with the project so long as
RC actively manages and represents the owner's interests in the delegated technical tasks.
Project No. ENH- 89(26) - 2 - Agreement No. YL0843
Control No. 22355 Supplement No. 1
Blair Depot In The Park
SECTION 2. This project has been designated as a full Federal oversight project and the State
will present this project to the FHWA for its approval.
SECTION 3. Responsible Charge (RC)
A. The City hereby designates ,n .4 imeN(1oax.r as the City's RC for this project.
B. Duties and Assurances of the City for this project.
1. The City has authorized and fully empowered the RC to be in day -to -day responsible
charge of the subject Federal -aid project; this does not mean merely supervising,
overseeing or delegating various tasks, it means active day -to -day involvement in the
project including identifying issues, investigating options, working directly with stakeholders,
and decision making.
2. The RC is a full -time employee of the City.
3. The RC is fully qualified and has successfully completed required training to serve as an
RC.
4. The City shall allow the RC to spend all time reasonably necessary to properly discharge all
duties associated with the project, including ensuring that all aspects of the project, from
planning through post- construction activities, remain eligible for Federal -aid highway project
funding.
5. The City shall not assign other duties to the RC that would affect his or her ability to
properly carry out the duties set out in this agreement.
6. The City shall provide necessary office space, materials and administrative support for the
RC.
7. The City shall fully cooperate with, support and not unreasonably interfere with day -to -day
control of the RC concerning the acts necessary for making the project eligible for Federal
funding.
8. The City shall take all necessary actions and make its best good faith efforts to comply and
assist the RC in complying with all Federal and State requirements and policies applicable
to Federal -aid transportation projects, including, but not limited to, all applicable
requirements of 23 CFR 635.105.
9. The City agrees to take all necessary actions and make its best good faith efforts to ensure
that the RC's work on the project would be deemed to meet the same standards that the
State must meet under 23 CFR 635.105.
10. The City shall comply with the conflict -of- interest requirements of 23 CFR 1.33.
Project No. ENH- 89(26) - 3 - Agreement No. YL0843
Control No. 22355 Supplement No. 1
Blair Depot In The Park
11. The City shall notify the State immediately in the event the designated RC(s) will no longer
be assigned to the project. A supplemental agreement designating a replacement RC will
be required by the State.
12. The City agrees that it is ultimately responsible for complying with all Federal and State
requirements and policies applicable to Federal -aid highway projects. This includes
meeting all post- construction environmental commitments. The City understands that
failure to meet any eligibility requirements for Federal funding may result in the loss of all
Federal funding for the project. In the event that the acts or omissions of RC, the City or its
agents or representatives result in a finding that a project is ineligible for Federal funding,
the City will be required to repay the State some or all previously paid Federal funds and
any costs or expenses the State has incurred for the project, including but not limited to,
those costs for the RC.
C. The City understands that the following are the duties of the RC:
1. Serve as the City's contact for issues or inquiries for Federal -aid projects assigned by the
City
2. Ensure that all applicable Federal, State and local laws, regulations, policies and guidelines
are followed during the development and construction of the project.
3. Know and follow the State's LPA Guidelines Manual for Federal -Aid Projects.
4. Have active day -to -day involvement in identifying issues, investigating options, working
directly with stakeholders, and decision making.
5. Ensure that the project plans and specifications are sealed, signed and dated by a
professional licensed engineer in the State of Nebraska, and that estimates have been
prepared and the construction has been observed by a professional engineer licensed in
the State of Nebraska or a person under direct supervision of a professional engineer
licensed in the State of Nebraska (reference NEB. Rev. Stat. §81- 3445).
6. Competently manage and coordinate the project day -to -day operations, including all project
• related decisions, on behalf of the City, which includes the City's governing body, staff and
any extended staff dedicated to the project such as consulting engineers.
7. Ensure that project documents are thoroughly checked, reviewed and have had quality
control measures applied, prior to submitting to the State and /or FHWA.
8. Monitor the progress and schedule of the project and be responsible for ensuring that the
project is completed on time in accordance with established milestone dates.
9. Notify and invite the State to all coordination meetings, environmental scoping meetings,
Plan -In -Hand review, public meetings /hearings.
Project No. ENH- 89(26) 4 Agreement No. YL0843
Control No. 22355 Supplement No. 1
Blair Depot In The Park
10. Keep the State informed of all project issues.
11. Arrange preconstruction conference.
12. Keep the State's District Construction Representative informed of project start, and ending
dates and other scheduled construction milestones.
13. Prepare contractor change orders and supplemental agreements. \
14. Properly serve as the City's representative, and to visit the project site during construction
frequency commensurate with the magnitude and complexity of the project.
15. Ensure that proper construction management processes have been developed and
implemented for the project.
16. Serve as a steward of the public funds, i.e. ensure that the public gets what it is paying for.
17. Attend all required training including the annual workshop.
18. Fulfill continuing education requirements as specified in the State's LPA Guidelines
Manual for Federal -aid oroiects.
SECTION 4. The State and the City agree the State will advertise, conduct a letting, and
receive bids for the City on the contemplated improvement. The selection of the lowest bidder
and the awarding of a contract or contracts must be concurred in and signed by the City prior to
award.
SECTION 5. The State will pay the contractor and consultant directly as follows.
A. All project contractor construction costs will be paid directly to the contractor by the
State. Progress invoices and final invoices shall be prepared by the City using Site
Manager software and must be approved by the City Responsible Charge before
payment to the Contractor can be made by the State.
B. The City Responsible Charge shall submit the City approved construction engineering
invoice and progress report to the State District Construction Representative for
approval of payment, with a copy to the State's LPD Enhancement Program Manager
and to the Enhancement Program Consultant. The State District Construction
Representative will forward the invoice and progress report to the State's Planning and
Project Development Division for payment processing with a copy to the State's LPD
Enhancement Program Manager and the Enhancement Program Consultant. The State
will make payment directly to the consultant for the construction engineering.
C. The City Responsible Charge shall submit the City approved preliminary engineering
invoice and progress report to the State's LPD Enhancement Program Manager, with a
copy to the Enhancement Program Consultant. The LPD Enhancement Program
Manager will forward the approved preliminary engineering invoice and progress report
Project No. ENH- 89(26) - 5 - Agreement No. YL0843
Control No. 22355 Supplement No. 1
Blair Depot In The Park
to the State's Planning and Project Development Division for payment processing. The
State will make payment directly to the consultant for the preliminary engineering.
SECTION 6. The Parties agree that all costs of this project shall be the sole responsibility of the
City if the proposed project improvements are not awarded for construction by October 15,
2010. This includes repayment to the State of Federal Funds reimbursed for preliminary
engineering costs and payment of all other expenses incurred as specified in of the original
program agreement.
SECTION 7. Except as specifically amended by this supplemental agreement, all terms and
conditions of the agreement executed by the City July 22, 2008 and by the State August 7,
2008, shall remain in full force and effect.
Project No. ENH- 89(26) - 6 - Agreement No. YL0843
Control No. 22355 Supplement No. 1
Blair Depot In The Park
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 DCCfmie( , 206
WITNESS: CITY OF BLAIR
fii-et AYia)L
City Clerk
M or
9
EXECUTED by the State this f " day of ,t2., 20,9
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Jim Wilkinson, P.E.
9 e,o;/
Projects Engineer
Project No. ENH- 89(26) - 7 - Agreement No. YL0843
Control No. 22355 Supplement No. 1
Blair Depot In The Park
RESOLUTION NO. 2009 - 39
COUNCIL MEMBER CHRISTIANSEN INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair, Nebraska wishes to enter into Supplemental Agreement No. 1
with the State of Nebraska Department of Roads for the renovation of the Depot in Lions Park
Project No. ENH- 89(26),
WHEREAS, this Supplemental Agreement No. 1 amends the original agreement to provide
for the State to advertise, conduct a letting and receive bids for the project and pay all eligible
project costs directly to the consultants and contractors, and
WHEREAS, this Supplemental Agreement No. 1 extends the deadline for securing a
construction contract to construct the project, and
WHEREAS, this Supplemental Agreement No. 1 states that Federal regulations provide the
State be responsible for all Federal -Aid projects, and
WHEREAS, this Supplemental Agreement No. 1 requires the City designate Allen
Schoemaker to act as "Responsible Charge" (RC) for this Federal -aid Transportation project who
has successfully completed training required by the State to service as an RC for the Federal -Aid
Transportation project, and
WHEREAS, the project has been designated as a full Federal oversight project,
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF NEBRASKA CITY, NEBRASKA, that the City of Blair has entered into
Supplemental Agreement No. 1 with the State of Nebraska Department of Roads for the renovation
of the Depot in Lions Park, Project Number ENH- 89(26), State Control No. 22355; the terms and
conditions as contained in Supplement Agreement No. 1 with the Nebraska Department of Roads
is hereby approved, and the Mayor and City Clerk are hereby authorized to execute said
Agreement.
COUNCILMEMBER CHRISTIANSEN MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT.
UPON ROLL CALL, COUNCILMEMBERS STEWART, ABBOTT, WOLFF, CHRISTIANSEN
AND KEPHART VOTING "AYE ", AND COUNCILMEMBERS JENSEN, FANOELE AND
SHEPARD VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION
PASSED AND ADOPTED THIS 8 DAY OF DECEMBER, 2009.
ATTEST:
.&0/6)
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
BY
JAM ALPH, 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 8th day of
December, 2009.
BRENDA R. WHEELER, CITY CLERK