2011-40RESOLUTION NO. 2011 - 40
COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council have been presented with Maintenance
Agreement No. 6 between the City of Blair, Nebraska and the Nebraska Department of Roads to
be effective January 1, 2012; and
WHEREAS, said agreement on file with the City Clerk is acceptable to the City of Blair.
NOW, THEREFORE, BE IT RESOLVED that said Maintenance Agreement No. 6
between the City of Blair, Nebraska and the Nebraska Department of Roads, effective January 1,
2012, is hereby adopted and approved by the municipality for the calendar year 2012 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 STEWART MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER KEPHART.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, RYAN, CHRISTIANSEN, WOLFF,
KEPHART AND JENSEN VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING
"NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
APPROVED THIS 22ND DAY OF NOVEMBER, 2011.
CITY OF BLAIR, NEBRASKA
B F- 1-� .
L yz/
A S REALPH, MAYOR
ATTEST:
, 6U411441J��
BRENDA R. WHEELER
(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 22nd day of
November, 2011.
(/J L
BRINDA R. WHEELER, CITY CLERK
Maintenance Agreement No. 6
Maintenance Agreement Between
The Nebraska Department of Roads
And The Municipality of Blair
Municipal Extensions in Blair
AGREEMENT
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, 2012.
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 1 a: 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 8a of this agreement for maintaining that
portion of said municipal extension that has been designated by statute as the City's
responsibility.
off 112V3
Maintenance Agreement No. 6
Maintenance Agreement Between
The Nebraska Department of Roads
And The Municipality of Blair
Municipal Extensions in Blair
SECTION 1b: 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 8a of this agreement for maintaining that portion of said municipal
extension that has been designated by statute as the City's responsibility.
SECTION lc. The City agrees to perform the maintenance on the above mentioned highways
consisting of surface maintenance of those municipal extensions of all rural highways, and the
State shall reimburse the City as set out in Section 8b of this agreement for the maintenance of
that portion of said municipal extension that has been designated by statute as the State's
responsibility. No allowance will be made for turning lanes or for lanes used on a part -time basis
as parking lanes, or other auxiliary lanes within municipalities of the Metropolitan, Primary and
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 Id. 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 5 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. Normal surface maintenance shall
include, but is not limited to the following maintenance activities: Crack Seal, Joint Seal, Fog
Seal, Seal Coats, Spot patching, Pothole repair, Sweeping, Surface Milling, Concrete patching,
miscellaneous full -depth concrete replacement, or Preventive maintenance. In order to facilitate
2
Maintenance Agreement No. 6
Maintenance Agreement Between
The Nebraska Department of Roads
And The Municipality of Blair
Municipal Extensions in Blair
repair or reconstruction of projects which are beyond the scope of normal surface maintenance,
the City shall submit, on an annual basis, a long -range plan (5 years) for such projects to the
State. 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. It is further understood that normal surface maintenance and maintenance of
appurtenances by the City shall include the identifying, locating, and marking with flags of all
buried municipally owned and state owned utility facilities that occupy Nebraska Department of
Roads right -of -way. The above mentioned utility facilities are those that service highways
referenced in this agreement and properties adjacent to the above referenced highways and will
be identified, located, and marked with flags upon the request of the State or the One Call .
Notification Center. Identification of buried utility facilities shall follow the provisions of the
One Call Notification System Act, §76 -2301 through § 76 -2330. (NE Rev. Stat.)
SECTION 5. 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 6. The above mentioned highways shall be inspected periodically, at least quarterly,
by the Department's District Engineer or the District. Operations and Maintenance Manager, 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 7. Materials used by the City in the performance work hereunder shall be selected by
mutual agreement of the parties hereto.
SECTION 8a. If Section la 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.
3
Maintenance Agreement No. 6
Maintenance Agreement Between
The Nebraska Department of Roads
And The Municipality of Blair
Municipal Extensions in Blair
SECTION 8b. 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
of such work. Fractional miles or fractional months, if any, will be used in computing the
amount payable in this agreement.
SECTION 8c. If Section 1 d of this agreement is incorporated herein, the costs of partial
maintenance by the State and by the City computed by fractional mile or fractional month and as
set out in detail in the addendum, Exhibit "B ", shall be offset to determine the amount, if any, to
which one party or the other may be entitled after said offset.
SECTION 8d. 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 9. 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 10. 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.
2
Maintenance Agreement No. 6
Maintenance Agreement Between
The Nebraska Department of Roads
And The Municipality of Blair
Municipal Extensions in Blair
SECTION 11. The City agrees to keep existing and.new right -of -way free of encroachments,
except those authorized by permit from the City and approved by the State and Federal Highway
Administration (FHWA).
SECTION 12. 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 13. 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 14. 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
the City or its agents.
SECTION 15. This agreement shall not be construed as a relinquishment by the State of any
powers or control it may have over the herein before described highways.
E
T
Maintenance Agreement Between
The Nebraska Department of Roads
And The Municipality of Blair
Municipal Extensions in Blair
Maintenance Agreement No. 6
SECTION 16. This agreement shall terminate December 31, 2012, except that it may be
renewed for one year at a time and each January 1 thereafter for up to four additional years by
written concurrence of both parties hereto. After five years a new agreement must be executed.
The lane mile payment provided in Section 8 hereof may be renegotiated to the satisfaction of
both parties at any renewal date.
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.
i(
EXECUTED by the City this day of NO \I- eaj�pr , 201-2
ATTEST: CITY OF Blair
City Clerk a r
6T ' I
EXECUTED by the State this I — day of 201-2'
STATE OF NEBRASKA
DEPARTMENT OF RO)
District Enjaeer
6 Qg 1 I;L
E C
D EC 2 2011
OPERATIONS DIVISION
Maintenance of roadway appurtenances City City City City or Village
(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 City City City City or Village
maintenance and snow removal.
Bridges from abutment to abutment, except Department Dept. Dept. Dept.
appurtenances.
Maintenance Responsibility
Neb. Rev. Stat. § 60 -6,120 & § 60 -6,121
Metropolitan
Primary
Exhibit " A "
1 St Class
MAINTENANCE OPERATION AND RESPONSIBILITY
Maintenance Operation
Cities
Cities
Municipal extensions and connecting links
Cities
Cities
(Streets Designated Part of the State Highway System excluding Freeways)
(Omaha)
(Lincoln)
Maintenance Responsibility
< 40,000
Pavement markings limited to lane lines, centerline,
Neb. Rev. Stat. § 39 -2105
City
City
Dept.
Metropolitan Primary
1 St Class
2 nd Class
Maintenance Operation
Cities Cities
Cities
Cities & Villages
Neb. Rev. Stat. § 39 -1339
(Omaha) (Lincoln)
Surface maintenance of the traveled
Department Dept.
Dept.
Dept.
way equivalent to the design of the
City
City
City
rural highway leading into municipality.
Surface maintenance of the roadway
City City
City
City
exceeding the design of the rural
highway leading into the municipality
signals and roadway lighting as referred to
including shoulders and auxiliary lanes.
in original project agreement.
Surface maintenance on parking lanes.
City city
City
Dept.
Maintenance of roadway appurtenances City City City City or Village
(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 City City City City or Village
maintenance and snow removal.
Bridges from abutment to abutment, except Department Dept. Dept. Dept.
appurtenances.
Maintenance Responsibility
Neb. Rev. Stat. § 60 -6,120 & § 60 -6,121
and route marker signs
Procurement, installation and maintenance of City City City Dept. Dept.
regulatory and warning signs.
llfevkod 2011
Metropolitan
Primary
1 St Class
1 St Class
2 nd Class
Maintenance Operation
Cities
Cities
Cities
Cities
Cities
Neb. Rev. Stat. § 39 -1339
(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.
Maintenance and associated power costs of traffic this section intentionalty left blank please check original project agreement for responsibility designation
signals and roadway lighting as referred to
in original project agreement.
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.
llfevkod 2011
EXHIBIT "B"
City of Blair
Revised, December, 2008
Pursuant to Sections 1 a, lb, 1 c, 8a, 8b, 8c, and 8d 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 $1575.00 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 City Limits is 18.60 lane miles.
18.60 lane miles X $1575.00 per lane mile = $29,295.00 due the City for surface
maintenance.
Attachment
or 11*%5
Exhibit "C"
Page 1 of 1
STATE OF NEBRASKA
DEPARTMENT OF ROADS
RESPONSIBILITY FOR SURFACE MAINTENANCE
OF MUNICIPAL EXTENSIONS
Neb. rev. Stat. 39 -1339
and Neb. Rev. Stat. 392105
TOTAL TOTAL
HWY REF POST LENGTH DRIVING LANE RESPONSIBILITY
ni=.grRIPTInN NO. FROM Tn IN MILES LANES MILES STATE CITY
Southwest City Limits to
Roundabout
30
445.55
446.35
0.80
2
1.60
1.60
Roundabout to
Industrial Park Dr.
30
446.35
449.90
3.55
4
14.20
7.10
7.10
Industrial Park Dr.to
East City Limits
30
449.90
450.55
0.65
2
1.30
1.30
South City Limits to
East Jct. Hwy 30
75
113.91
114.97
1.06
4
4.24
2.12
2.12
West Jct. Hwy 30 to
23rd Street
75
115.46
116.20
0.74
4
2.96
1.48
1.48
23rd Street to
North City Limits
75
116.20
116.59
0.39
2
0.78
0.78
West City Limits to
Jct Hwy 30
91
229.26
230.49
1.23
2
2.46
2.46
South City Limits to
Jct Hwy 30
133
18.39
19.27
0.88
2
1.76
1.76
Total Lane Miles
29.30
18.60
10.70
City of Blair
* DOR
Nebraska CERTIFICATE OF COMPLIANCE
Department of Roads
Maintenance Agreement No. 6
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.
As per Section 8d of the Agreement, we are submitting this certificate to District
Engineer Timothy W. Weander, P. E., Department of Roads, Omaha, Nebraska.
ATTEST: * 2,,2- day of
/�c)�ery-16e,'--
City Clerk Mayor
hereby certify that all roadway snow removal and /or surface maintenance was
performed as per the above listed agreement and payment for the same should be made.
District Engineer, Department of Roads
Agreement No.:
Pay /Bill Code:
Contractor No.:
Amount: $
DR Form 508, Dec 08