2006-44RESOLUTION NO. 2006 - 44
COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the State of Nebraska Department of Roads has submitted a
proposed Agreement for the resurfacing of Highway 30/75 from 14 Street to 18 Street -
Downtown Blair, Nebraska designated as Project Number S -30- 7(1016), State Control
No. 22212 is acceptable to the Mayor and City Council.
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 RESOULVED 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 ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER
BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS SCHEVE, STEWART,
SHOTWLL, FANOELE, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING
"AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR
DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS
10TH DAY OF OCTOBER, 2006.
CITY OF BLAIR, NEBRASKA
S E. REALPH, MAYOR
ATTEST:
Lai, Mk/AL--
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 10th day of October, 2006.
BRENDA R. WHEELER, CITY CLERK
AGREEMENT
PROJECT NO. S- 30- 7(1016), STATE CONTROL NO. 22212
CITY OF BLAIR
STATE OF NEBRASKA, DEPARTMENT OF ROAD
IMPROVE HIGHWAY US -30 (WASHINGTON ST.) IN BLAIR
THIS AGREEMENT, made and entered into this /() day of Df o r , 2006, 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 Highway US -30 in Blair be improved
at the location as shown in Exhibit "A" attached, which is 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 S -30- 7(1016), as evidenced by the Resolution of the City
Council dated the /0 day of etio , 20 66n , attached hereto, identified as Exhibit "C ",
and hereby made a part of this agreement, and
WHEREAS, the description of the project is as follows: Improve Highway US -30 (Washington
St.) from 18th St. to 14th St. in Blair by reconstructing the roadway through removal of the existing
asphalt over brick paving and replacement with 10" doweled concrete paving.
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" attached hereto, denoting Project No. S -30- 7(1016), shall
be accomplished according to and in the manner provided by plans and specifications to be
prepared by the State, which are to be, by this reference, made a part of this agreement.
And the parties agree further as follows:
SECTION 1. The City agrees:
(a) To share 50 percent of the total project costs.
(b) To pass and enforce an ordinance as required to effect the following restrictions within
the project limits: No Parking from 14 Street to 15 Street.
i3 L 0 6 5 3
(c) To prohibit filling stations, service stations or other business establishments being
located in such a way that vehicles being served will be required to stand on said public
highway right of way.
(d) 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.
(e) 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 and Federal Highway Administration.
(f) 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 "B" attached hereto and hereby
made a part of this agreement. The reference to "Contractor" in this exhibit shall mean
the "City."
(g) DISADVANTAGED BUSINESS ENTERPRISES
(1) Policy
The City and State further agree to ensure that disadvantaged business
enterprises as defined in 49 CFR Part 23 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 23 are hereby made a part of and incorporated by
this reference into this agreement.
(2) Disadvantaged Business Enterprises Obligation
The City and State further agree to ensure that disadvantaged business
enterprises as defined in 49 CFR Part 23 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 23
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 contracts.
(h) 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.
(i) 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.
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.
(d) The current project estimate including preliminary engineering, utilities, construction and
construction engineering within the corporate limits is $898,744.00, with the City's
50 percent share estimated at $449,372.00. Both parties recognize this is a preliminary
estimate only and that the final estimate may well be higher or lower than this
preliminary estimate.
The City agrees to relinquish available Federal STP funds to the State for their share of the
project. If STP funds are not available, upon award of the contract, the State will invoice the City
$100,000 which is approximately one month's advance of construction costs and will bill the City
thereafter the City's share of the contractor's progress estimates and state incurred expenses. The
City agrees to pay the invoices within thirty days of their receipt. These costs will be repaid to the
City by the State as Federal STP funds become available.
The City further agrees, that if reimbursement to the State is required on this project, and if
the City is unable to or does not make reimbursement within 60 calendar days after the State notifies
the City of such required reimbursement; the State by this agreement is authorized to withhold
money from State Highway Allocation Funds apportioned or to be apportioned to the City, in an
amount equal to the required reimbursement to the State.
SECTION 3. All traffic control devices will conform to the latest approved edition of the Manual on
Uniform Traffic Control Devices. 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 and the 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.
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 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 only as provided by supplemental agreement entered into in accordance with
this agreement.
SECTION 7. The parties hereto agree that the State shall make sole determination as to the
scheduling of the construction for this project.
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 /() day of 6¢.e_ , 2006.
ATTEST: CITY OF BLAIR
Clerk
EXECUTED by the State this 1341 day of OC 110.4Y 2006.
RECOMMENDED:
Dibtrict Engi
AGR6 -SM
STATE OF NEBRASKA
DEPARTMENT OF ROADS
- 5 -
Xl0653
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 Eauipment: 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 Noncomoliance: 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 "B"
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BEGIN PROJECT tn
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Lincoln St
s• 61 L.. i
1 e*+ V St
Ge Lafayette
0,,, c ' St
Clark St z C (4 WIlbur St
Rd 6450
30 7(1016)
C.N. 22212
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1
1 11112 Hollostone St
— 14113
Butler St
Rd 65
42
r
Iowa St
Front St
30
R.P. 448 +57 HWY. US -30
STA. 120 +50
END PROJECT
EXHIBIT "A"
RESOLUTION NO. 2006 - 44
COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the State of Nebraska Department of Roads has submitted a
proposed Agreement for the resurfacing of Highway 30/75 from 14 Street to 18 Street -
Downtown Blair, Nebraska designated as Project Number S -30- 7(1016), State Control
No. 22212 is acceptable to the Mayor and City Council.
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 RESOULVED 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 ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER
BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS SCHEVE, STEWART,
SHOTWLL, FANOELE, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING
"AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR
DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS
10TH DAY OF OCTOBER, 2006.
CITY OF BLAIR, NEBRASKA
S E. REALPH, MAYOR
ExKk 4 "C "
ATTEST:
(SEAL)
• - 4,;(1,4, u
BRENDA WHEELER, CITY CLERK
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 October, 2006.
BRENDA R. WHEELER, CITY CLERK