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2010-41RESOLUTION NO. 2010 - 41 COUNCIL MEMBER STEWART 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 75 in Blair, Project No. RD -75- 3(1023). 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 WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS STEWART, FANOELE, KEPHART, CHRISTIANSEN, JENSEN AND WOLFF VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12TH DAY OF OCTOBER, 2010. CITY OF BLAIR, NEBRASKA , k S E. REALPH, MAYOR ATTEST: 4 B RENDA 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 12th day of October, 2010. A�f Aj B DA R. WHEELER, CITY CLERK AGREEMENT PROJECT NO. RD -75- 3(1023) CONTROL NO. 22306 CITY OF BLAIR STATE OF NEBRASKA, DEPARTMENT OF ROADS IMPROVING HIGHWAY US -75 IN BLAIR THIS AGREEMENT made and entered into by and between the City of Blair, a municipal corporation of the State of Nebraska, hereinafter referred to as the "City," and the State of Nebraska, Department of Roads, hereinafter referred to as the "State." WITNESSETH: WHEREAS, it is the desire of the parties that a portion of US -75 in Blair be improved at the location as shown in Exhibit "A" which is attached and hereby made a part of this agreement, and WHEREAS, said improvement is located within the designated urban area of Blair, Nebraska, and funds administered by the State, hereinafter known as "State Funds," have been made available for the construction of improvements such as this, and WHEREAS, Federal Regulations provide that the City shall not profit or otherwise gain from local property assessments that exceed the City's share of project costs, and WHEREAS, it is the further desire of the City that the proposed urban construction be included in a project under the designation of Project No. RD -75- 3(1023), as evidenced by the Resolution of the City Council dated the /Z day of 0c 4y,be1 , 2010, identified as Exhibit "B ", which is attached hereto, and hereby made a part of this agreement, and WHEREAS, the description of the project is as follows: This project will consist of milling and resurfacing the existing roadway beginning at Deerfield Boulevard and extending to the North corporate limits. 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" shall be accomplished according to and in the manner provided by plans and specifications to be prepared by the State, which are by this reference, made a part of this agreement. And the parties agree further as follows: SECTION 1 . The City agrees for the portion of the project within its corporate limits: (a) To pass and enforce an ordinance as required effecting the following restrictions within the project limits: No Parking (b) To prohibit business establishments being located in such a way that vehicles being served will be required to stand on said public highway right of way. 1 � 1 (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. (e) If the City performs any part of the work on this project itself, the City agrees to abide by the provisions of the Nebraska Fair Employment Practices Act as provided by Neb.Rev.Stat. §48 -1101 through 48 -1126, and all regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49 CFR, Parts 21 and 27 as set forth in Exhibit "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 with Federal Highway Administration concurrence. (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. Project No. RD -75- 3(1023) -2- Control No. 22306 City of Blair The City further agrees: (a) To comply with Neb.Rev.Stat. §39 -1361, and the rules and regulations of the Department of Roads before making or allowing to be made, any utility excavation, pavement cuts or performing other activity upon said highway, and shall be responsible to see that all such work is performed according to the rules and regulations of, and by authority of a permit granted by the Department of Roads of the State of Nebraska. (b) To furnish or cause to be furnished all of the labor, tools, equipment and materials for the rehabilitation of its municipally owned utilities as made necessary by the construction of this project. (c) To prepare and submit to the State upon receipt of preliminary construction plans for this project a plan and estimate detailing anticipated location and nonbetterment costs for the rehabilitation of all municipally owned utilities as made necessary by this project. It is mutually understood that all nonbetterment municipal utility rehabilitation costs within the corporate limits of the City will become a project cost, 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 . All traffic control devices will conform to the latest approved edition of the Manual on Uniform Traffic Control Devices and the Nebraska Supplement thereto. If the City is to perform or contract for any work, they will develop a traffic control plan. The plan will be provided to the State's Project Manager for approval and acceptance. It will be the City's responsibility for the operation and maintenance of the approved traffic control plan. SECTION 4 . 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. RD -75- 3(1023) -3- Control No. 22306 City of Blair SECTION 5 . 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 6 . 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 7 . 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 this project without cost to the City, except as provided specifically herein. SECTION 8 . The parties hereto agree that the State shall make sole determination as to the scheduling of the construction for this project. Project No. RD -75- 3(1023) -4- Control No. 22306 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 1Z day of 2010. ATTEST: CITY OF BLAIR k4O�t J,4 UU City Clerk o EXECUTED by the State this / q day of 6246ey , 2010. RECOMMENDED: Timothy W. Weander, P.E. I't I a9� Di9fr ict 2 E gin er AGRC5 -NN STATE OF NEBRASKA DEPARTMENT OF ROADS James J. Knott, P.E. oad ay D sign gineer Project No. RD -75- 3(1023) -5- Control No. 22306 f City of Blair 4 a& X 75-3(1023) C.N. 22306 EXHIBIT r xkl w 6 RESOLUTION NO. 2010 - 41 COUNCIL MEMBER STEWART 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 75 in Blair, Project No. RD -75- 3(1023). 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 WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS STEWART, FANOELE, KEPHART, CHRISTIANSEN, JENSEN AND WOLFF VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12TH DAY OF OCTOBER, 2010. CITY OF BLAIR, NEBRASKA P ATTEST: (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 12th day of October, 2010. BIMND A R. WHEELER, CITY CLERK NONDISCRIMINATION CLAUSES During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor "), agrees as follows: (1) Compliance with Regulations 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) Solicitations for Subcontracts Including Procurements of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of disability, race, color, sex, religion or national origin. (4) Information and Reports The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (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"