2006-01RESOLUTION NO. 2006 - 1
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council have been presented with an Agreement
Renewal of the Maintenance Agreement No. 6 with the Nebraska Department of Roads,
originally dated December 12, 1994; and
WHEREAS, said renewal agreement on file with the City Clerk is acceptable to the City
of Blair.
NOW, THEREFORE, BE IT RESOLVED that said Agreement Renewal of Maintenance
Agreement No. 6 with the Nebraska Department of Roads originally dated December 12, 1994,
is hereby adopted and approved by the municipality for the calendar year 2006 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 ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR UPON
ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, MCMANIGAL,
WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND APPROVED THIS 10TH DAY OF JANUARY, 2006.
ATTEST:
BRENDA R. WHEELER
(SEAL)
CITY OF BLAIR, NEBRASKA
JAMS REALPH, MAYOR
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
10th day of January, 2006.
BRENDA R. WHEELER, CITY CLERK
Maintenance Agreement Between
The Nebraska Department of Roads
And The Municipality of Blair
Municipal Extensions in Blair
AGREEMENT
Maintenance Agreement No. 6
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, 2006 .
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 la: 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.
Maintenance Agreement Between
The Nebraska Department of Roads
And The Municipality of Blair
Municipal Extensions in Blair
2
Maintenance Agreement No. 6
SECTION lb: 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 ld. 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
Maintenance Agreement Between
The Nebraska Department of Roads
And The Municipality of Blair
Municipal Extensions in Blair
3
Maintenance Agreement No. 6
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.
Maintenance Agreement Between
The Nebraska Department of Roads
And The Municipality of Blair
Municipal Extensions in Blair
SECTION 8b. If Section lc 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.
4
Maintenance Agreement No. 6
Maintenance Agreement Between
The Nebraska Department of Roads
And The Municipality of Blair
Municipal Extensions in Blair
Maintenance Agreement No. 6
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.
SECTION 16. This agreement shall terminate December 31, 2006 , except that it may be
renewed for one year at a time and each January 1 thereafter by written concurrence of both
parties hereto. The lane mile payment provided in Section 8 hereof may be renegotiated to the
satisfaction of both parties at any renewal date.
5
Maintenance Agreement Between
The Nebraska Department of Roads
And The Municipality of Blair
Municipal Extensions in 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 /0 day of jcnuct /v' , 2006
ATTEST: CITY OF BLAIR
6 ,74
City Clerk
EXECUTED by the State this
District Engine
r
STATE OF NEBRASKA
DEPARTMENT OF ROADS
day of Q. (Dt. n„c. 2006
0 a
6 e 0(00
Maintenance Agreement No. 6
Metropolitan Primary 1St Class 2" 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
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
including shoulders and auxiliary lanes.
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 Operation
Neb. Rev. Stat. § 39 -1339
MAINTENANCE OPERATION AND RESPONSIBILITY
Municipal extensions and connecting links
(Streets Designated Part of the State Highway System excluding Freeways)
Maintenance Responsibility
Neb. Rev. Stat. § 39 - 2105
Maintenance Responsibility
Neb. Rev. Stat. § 60 - 6, 120 & § 60 - 6, 121
Exhibit "A"
Metropolitan Primary 1 Class 1 Class 2 " Class
Cities Cities Cities Cities Cities
(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
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.
EXHIBIT "B"
City of Blair
Pursuant to Sections la, lb, lc, 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 $1260.00
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 17.30 lane miles.
17.30 lane miles X $1260.00 per lane mile = $2 1798.00 due the City for surface maintenance.
STATE OF NEBRASKA
DEPARTMENT OF ROADS
RESPONSIBILITY FOR SURFACE MAINTENANCE
OF MUNICIPAL EXTENSIONS
Neb. rev. Stat. 39 -1339
and Neb. Rev. Stat. 39 -2105
TOTAL TOTAL
HWY REF POST LENGTH DRIVING LANE RESPONSIBILITY
DESCRIPTION NO. FROM TO IN MILES LANES MILES STATE CITY
South City Limits to
Roundabout 30 446.20 446.35 0.15 2 0.30 0.30
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 28.00 17.30 10.70
Exhibit "C"
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City of Blair