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2010-42RESOLUTION NO. 2010 - 42 COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the State of Nebraska is provided with total jurisdiction in matters involving the installation and operation of traffic control devices on State Highway extensions through the City of Blair, and WHEREAS, the State has plans to rewire a traffic signal on Highway US -30 (Washington Street) at the West Junction with US -75 (19 Street), and WHEREAS, the City of Blair wishes to enter into an Agreement with the Nebraska Department of Roads for the traffic signal rewiring on Highway US -30 (Washington Street), at the West Junction with US -75 (19 Street) with cost participation as stated in attached agreement. 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 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 AME E. REALPH, MAYOR ATTEST: BRENDA 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. BRENDA R. WHEELER, CITY CLERK AGREEMENT CITY OF BLAIR STATE OF NEBRASKA, DEPARTMENT OF ROADS REWIRE TRAFFIC SIGNAL INTERSECTION OF US -30 (WASHINGTON STREET) AT WEST JUNCTION US- 75(19 STREET) 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, the State is provided with total jurisdiction in matters involving the installation and operation of traffic control devices on State Highway extensions through such corporate areas as provided by Neb.Rev.Stat. §60- 6,120, and WHEREAS, the State has plans to rewire a traffic signal on Highway US430 (Washington Street) at the West Junction with US- 75(19' Street), 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 desire of the City for the traffic signal rewiring on Highway US -30 (Washington Street), at the West Junction with US -75 (19 Street), as evidenced by the Resolution of the City Council dated the / Z day of 0,,d e' , 2010, attached hereto, identified as Exhibit "X, and hereby made a part of this Agreement, and WHEREAS, the City and State are willing to participate in the actual costs of such traffic signal rewiring in accordance with the conditions hereafter provided; NOW THEREFORE, in consideration of these facts, the Parties hereto agree as follows: SECTION 1 . The State agrees to prepare the plans and specifications for the contemplated signals at the above mentioned intersections and said plans and specifications lare hereby through this reference made a part of this agreement and shall be available upon request at the office of the State Traffic Engineer, Department of Roads, Lincoln, Nebraska. All costs incurred by the State in the above described preparation shall become a project cost. SECTION 2 . The traffic signal rewiring shall be subject to inspection by the State at all times and when such inspection is furnished by the State, it shall become a project cost. SECTION 3 . The plans above referred to shall be considered as the minimum irequirements of the State and shall be used in the determination of the cost of the materials and equipment required for the traffic signal rewiring. SECTION 4 . The City agrees, at no cost to the State, to clear the present right) of way of this project of all advertising signs. The City also agrees, at no cost to the State, tol 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 (FHWA). SECTION 5 . 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 6458, "Accommodation of Utilities" issued by the U.S. Department of Transportation, Federal Highway Administration, as supplemented, revised or 6pdated heretofore, is hereby expressly made a part of and incorporated into this agreement by this reference. The City agrees to adopt, on the improvement contemplated in this ;agreement, by signing 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. 11 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. SECTION 6 . Except as provided in Section 4 above, the City agrees to pay for (50) percent of the actual cost of this project. Within thirty days after satisfactory completion of the traffic signal rewiring, the State will invoice the City for their 50% share which is currently estimated to be $7,000.00. The City agrees that every effort will be made to pay the invoice within thirty (30) days of receipt. SECTION 7 . 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 "A" attached hereto and hereby made a part of this agreement. The reference to "Contractor" in this exhibit shall mean the "City ". SECTION 8. DISADVANTAGED BUSINESS ENTERPRISES A. Policy The City and State agree to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the disadvantaged business requirements of 49 CFR Part 26 are hereby made a part of and incorporated by this reference into this agreement. 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. On any work performed by or caused to be performed by the City, failure of the City to carry out the requirements set forth above shall constitute breach of contract and, after the notification of the FHWA, may result in termination of the agreement or contract by the State or such remedy as the State deems appropriate. Traffic Signal Rewiring -2- City of Blair SECTION 9 . Upon the completion of the subject traffic signal rewiring, all equipment shall remain the property of the State. The City agrees at its own expense to maintain, operate and keep in good repair, the entire signal installation with the exception of the equipment within the controller cabinet which the State agrees to maintain at its cost and at no cost to the City. The City further agrees to bear solely the cost of electrical power required to operate the said signal installations. SECTION 10 . In the event any part or parts of the subject signal system is damaged by causes other than normal Wear and tear, the City agrees to repair such damage furnishing all labor and replacement parts or materials necessary to restore these said installations at the sole expense of the City and without any expense to the State, and it is further understood that the City shall be entitled to all damages collected from any wrong doer who may have put the City to the expense of having to repair the damaged signal installation. SECTION 11 . The City agrees that if it is unable or fails to make repairs in a timely manner after receiving notice, the State will make, or cause to be made, all necessary repairs at the City's expense. The City agrees to pay all invoices for such repairs within 30 days of receipt. The City agrees that the State may retain any unpaid costs associated with any such repair from any lane mile payment due from the State to the City. SECTION 12 . The City agrees that any repair or replacement parts furnished by the City in the maintenance of the signal system shall comply with State specifications and standards. SECTION 13 . The Federal share of this project shall be reduced by any project specific local property assessments that exceed the appropriate local share on this project. This is subject to State review. SECTION 14 . The State shall have sole authority in determining and controlling the cycle length, the interval length, sequence, and the hours and manner of the signal operation. No change in these conditions shall be made without the prior approval of the State. SECTION 15 . If in the future vehicle and /or pedestrian traffic volumes at this /these locations is /are reduced to the extent that warrants are no longer met for traffic signals as specified in the Manual on Uniform Traffic Control Devices for a period of six consecutive months, the City agrees at its own expense to remove said signal within 60 days of written notice from the State Traffic Engineer, and to stockpile the State's property as requested by said engineer, pending recovery by the State. IN WITNESS WHEREOF, the parties have executed this agreement as of the dates indicated below. EXECUTED by the City this JZ day of 1 2010. ATTEST: CITY OF BLAIR 4 %xi . , IQ7� ity Clerk M vo EXECUTED by the State this / �/ day of 0Jbtoe4— , 2010. STATE OF NEBRASKA DEPARTMENT OF ROADS Dan Waddle, P.E. AGRC6 -HS Traffic Engineer Traffic Signal Rewiring -3- ZL1 City of Blair All RESOLUTION NO. 2010 - 42 COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the State of Nebraska is provided with total jurisdiction in matters involving the installation and operation of traffic control devices on State Highway extensions through the City of Blair, and WHEREAS, the State has plans to rewire a traffic signal on Highway US -30 (Washington Street) at the West Junction with US -75 (19 Street), and WHEREAS, the City of Blair wishes to enter into an Agreement with the Nebraska Department of Roads for the traffic signal rewiring on Highway US -30 (Washington Street), at the West Junction with US -75 (19 Street) with cost participation as stated in attached agreement. 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 FANOELE. UPON ROLL CALL, CO MEMBERS S T EWAR T , FANOELE, KEPHAR T , 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 1 0 �J ' �P • ' ATTEST: J060/ z BRENDA 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. /?" 9k BRENDA 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 Appendixes "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 paragraphs (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 "A"