2012-31RESOLUTION NUMBER 2012 -31
SIGNING OF THE PROJECT PROGRAM AGREEMENT
COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, THE Nebraska Department of Roads is in the final stages of design for the
widening of Highway 133 Phase III that will extend into the City of Blair;
WHEREAS, THE City of Blair, Nebraska has an existing 12 inch water main located
within a private easement on the west side of Highway 133; and
WHEREAS, THE Nebraska Department of Roads will be acquiring the city's existing
easement for necessary right -of -way for the widening of Highway 133 Phase III;
WHEREAS, THE City of Blair has been requested by the Nebraska Department of
Roads to relocate the existing 12 inch water main to a new private easement outside of the new
right -of -way limits of Highway 133 widening Phase III;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, that James Realph, Mayor, is hereby authorized to
sign the attached Project Agreement between City of Blair and the Nebraska Department of
Roads
City of Blair is committed to providing local funds for the project as required by the
Project Program Agreement.
NDOR Project Number: STPD- 133 - 3(103)
NDOR Control Number: 21791A
NDOR Project Description: Water Line Relocation
COUNCILMEMBER STEWART MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER SHEPARD.
UPON ROLL CALL, COUNCILMEMBERS SHEPARD, STEWART, HALL, WOLFF AND
JENSEN VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY ", THE
MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS
9TH DAY OF OCTOBER, 2012.
CITY OF BLAIR, NEBRASKA
BY
"'n E. REALPH, MAYOR
ATTEST:
V ffj*/,p" l.�� MININ1
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 the City of Blair,
Nebraska, held on the 9th day of October, 2012.
BRENDA R. WHEELER, CITY CLE
AGREEMENT
STATE OF NEBRASKA, DEPARTMENT OF ROADS
CITY OF BLAIR
PROJECT NO. STPD- 133 - 3(103)
CONTROL NO. 21791 A
WATER LINE RELOCATION
BLAIR SOUTH
THIS AGREEMENT, made and entered into by and between City of Blair hereinafter
referred to as the "City" and the State of Nebraska, Department of Roads, hereinafter referred to
as the "State ".
WITNESSETH:
WHEREAS, the State has plans for the PLANS Information, new 4 -lane divided highway,
grading and culverts.
WHEREAS, said construction will be undertaken under the project designation STPD -
133- 3(103), and
WHEREAS, the cITY owns and operates a water line facility along and adjacent to a
portion of this project, some of which is resting outside of the limits of the old highway right of
way and on private property, and
WHEREAS, because of the widened right of way which the State has acquired for the
new construction, and because of the construction itself, it becomes necessary for the City to
adjust some, if not all, of its facility along this project, and
WHEREAS, the City is willing to rehabilitate its facility where necessary in accordance
with the conditions hereinafter provided in this agreement, and
WHEREAS, the State is willing to reimburse the City for its nonbetterment costs to
rehabilitate its facilities when the City facility is presently located outside of the old public right -
of -way and on private property, and
WHEREAS, the State is willing to pay the City for eligible nonbetterment expenses
incurred in connection with the rehabilitation of its facilities as provided by 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 Federal Highway
Administration.
NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows:
SECTION 1. The City hereby agrees to furnish, or cause to be furnished, all of the tools, labor,
equipment and materials necessary for the rehabilitation of its facility as made necessary by
construction.
VR 1216
SECTION 3. Prints of the construction plans for this project, showing the location of the poles
referred in the above tabular form, have been forwarded to the City and are by this reference
hereby made a part of this agreement.
SECTION 4. The description of work to be performed and the estimate of costs prepared by the
City have been approved by the State and are hereby made a part of this agreement. These
items are attached as Exhibit "B ". The total amount of this estimate is $300,000.00 of which
$300,000.00 is the share of the cost chargeable to the State. It is expressly understood that
notwithstanding this estimate the State will reimburse the City for 100% of its actual
nonbetterment expenses less any credits for salvaged or junked materials.
SECTION 5. The City agrees, as a part of the above described estimate to advise the State as
to the method which will be used in accumulating the City costs. If this method is prescribed by
a Federal or State regulatory body, a statement to that effect shall be made by the City. If the
accounting method is not prescribed by an agency of the State or Federal Government, it shall
be described in the City's estimate and be approved as a part of this agreement.
SECTION 6. The City may submit progress billings for the portions of its rehabilitation that have
been completed. The City agrees not to submit progress billings for amounts less than
$2,500.00. The State will make progress payments, based upon satisfactory prosecution of
work, for 95 percent of the amount billed. The State will limit its payments to 95. percent of the
approved estimate referenced in Section 3 of this agreement pending the results of the final cost
audit. The State will make every effort to pay the City within thirty days of receipt of the City's
invoice.
SECTION 7. If the City wants to let a construction contract, the City shall do the following:
A. Comply with State public bidding statutes. If the City solicits bids from a list of
known contractors, the list must be submitted to the State for concurrence prior to
the soliciting of bids.
B. Submit the bid proposal, plans and construction schedule to the State for approval
prior to letting a contract.
C. Require the contractor to abide by the provisions of the Nebraska Fair Employment
Practices Act as provided by Neb.Rev.Stat. §48 -1101 through 48 -1126
(Reissue 2004), as amended, 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 made a part of this
agreement.
Project No. STPD- 133 - 3(103) -2-
Control No. 21791 A
Water Line Relocation
Blair South 16
D. Submit a copy of the bids received and the City's recommendation of award to the
State for concurrence prior to any award.
E. Require any contractor or subcontractor engaged under this agreement to fully
comply with the provisions of the Nebraska Employment Security Law as provided
by Neb.Rev.Stat. §48 -601 through 48 -671 (Reissue 2004), as amended, and the
same are incorporated herein by this reference.
SECTION 8. 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.
SECTION 9. In consideration of the payment as mentioned in Section 3 of this agreement the
City agrees to relinquish or subordinate sufficient property rights or interests that it may have in
property upon which it has an easement or similar right that will be occupied by the proposed
highway improvement as are necessary for the construction, operation and maintenance of the
highway facility.
SECTION 10. All traffic controls must comply with the latest edition of the Manual on Uniform
Traffic Control Devices (MUTCD). If the State furnishes the City a traffic control plan, the City
must comply with the plan. The State has the right to shut down a City work area not in
compliance with the Manual on Uniform Traffic Control Devices.
SECTION 11. The City shall comply with the 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.
SECTION 12. The City agrees that it and any contractor or subcontractor engaged under this
agreement will fully comply with the provisions of the Nebraska Employment Security Law as
provided by Neb.Rev.Stat. §48 -601 through 48 -671 (Reissue 2004).
SECTION 13. The City agrees that the billing will be prepared and submitted in a manner to
allow comparison with the approved estimate.
4
Project No. STPD -133- 3(103) -3-
Control No. 21791 A
Water Line Relocation
Blair South VR 1
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 C+ -J D 6 this day of d , 20 L .
ATTEST:
&d
CITY OF BLAIR
EXECUTED by the State this 17 " day of 0e-'f• 6 & , 201
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Utilities Engineer lanning and Project Development Engineer
AGR5 -DW
Project No. STPD- 133 - 3(103) -4-
Control No. 21791 A
Water Line Relocation
Blair South
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 ground of handicap, race, color 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 "A"
VR 1216
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0`?7 1 a Ja\•
eo
March 13, 2012
CITY OF t)LAIQ
RECEIVED
MAR 15 2012
(UTILITIES SECTION
Rex Wilson
Nebraska Department of Roads
1500 Highway 2
PO Box 94759
Lincoln, NE 68509 -4759
RE: Highway 133 Widening
Dear Rex:
I have reviewed the plans sent
Highway 133 south of Blair, l\
potential utility conflicts with
main in conflict with the prop(
Station 614 +00 or 3700 lineal
elevated water tower on the so
The elevated water tower prov
Water System Number 2. Thi:
design of 2003 to avoid conflic
NDOR has lowered Highway
putting most of the existing 12
improvements. I have comple
letter. I have also enclosed mE
existing 12 inch water main in
$300,000 for the water main rc
to our city regarding the widening and improvements of
ebraska. We were asked by NDOR to identify any
he proposed improvements. Blair has a 12 inch water
sed highway improvements from Station 648 +00 to
.'eet. This water main is the water supply for the city's
ithwest corner of Highway 133 and County Road P26.
des water to Blair, Kennard and Washington County Rural
water main was constructed in 2005 using the NDOR
is with the widening of Highway 133, but since then
33 from Station 614 +00 to Station 648 +00 by five feet
inch water main in conflict with the Highway 133
ed the Utilities Questionnaire and enclosed it with this
rked up drawings from NDOR's design showing the city's
red as requested. I have put together an estimate of
location work.
The city of Blair would like to ( relocate the existing water main before NDOR lets this
project for construction to assure it is not in conflict with the highway construction.
Please forward agreements to y attention when they are ready. The city will need to
secure outside consultant for t e design and construction engineering. If there are any
questions, please call me at 402- 426 -4191.
Sincerely,
i
i
Allen Schoemaker
Director of Public Works
E i: J
"q
218 South 16th Street • Blair, Nebraska 68008 • 402 -426 -4191 • Fax 402 -426 -4195 - E-mail cltyofblalr @cl.blalr.ne.us
Highway 13312" Water Main Relocation Cost Estimate
• 3700 LF 12" C -900 PVC Water Main @ $50 /LF $185,000
• 6 — Fire Hydrant Assemblies @ $5000 ea $30,000
• 2 — Tapping Valves & Sleeves @ $10,000 ea $20,000
• 3 — Water Services @ $3000 ea $9000
• 1— Water Sample Station @$1000 ea $1000
Subtotal: $245,000
Design & Construction Engineering @ 22 %: 55 000
Total: $300,000
RECEIVED
MAR 1 5 2012
UTILITIES SECTION
— W- 1
Exhibit 11BYP