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RES 2015-0629 - Agmt with Nebraska department of roads for resurfacing state hwys R E w t. 1 V E U Public Works Department ' June 2015 �� 2, Omaha/Douglas Civic Center ® (� I nt}{ � }� A t 1819 f�arnam Street Suite 601 14_ . M, (UI 1 ti Omaha,Nebraska 68183-0601 o (402)444-5220 4444.)FEB8 1' l'ax (402)444-5248 CITY CLERK City of Omaha Robert G. Stubbe, P.E. Jean Stothert,Mayor ' © K Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving an Agreement between the City of Omaha and the State of Nebraska Department of Roads for street resurfacing on certain street segments that are urban extensions of State Highways or links to the State highway system, known as Project No. RD-D2 (1038) and State Control No. 22453 for the State Fiscal Year 2016. The Agreement provides reimbursement to the City for such resurfacing work, not to exceed $400,000.00, for the following street segments: Westbound Blair High Road from Crown Point Avenue to I-680 (L28K R.P. 15+7 to 16+08 to Highway 133 R.P. 3+47 to R.P. 4+44), US-275 (Eastbound/Westbound L Street) from 77th Street Bridge to 72nd Street Bridge (R.P.184+75 to 185+15). When the work is completed, the City will bill the State for the work. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Referred to City Council for Consideration: (70-,ege--4(..— `%-ice' Robert G. Stubbe, P.E. Date Mayor's Office Date Public Works Director Approved as to Funding: S l l r �� Stephe . Curtiss Date Finance Director 1400djr NDOR Nebraska Department of Roads AGREEMENT PROJECT NO. RD-D2(1038) CONTROL NO. 22453 CITY OF OMAHA STATE OF NEBRASKA, DEPARTMENT OF ROADS FISCAL YEAR 2016 RESURFACING PROJECT SELECTED HIGHWAYS THIS AGREEMENT is between the City of Omaha, hereinafter referred to as the "City", and the State of Nebraska, Department of Roads, hereinafter referred to as the "State", and sometimes collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, it is the desire of the City and the State to maintain the urban extensions of State Highways in a favorable condition for the general public. Because of increased traffic and general deterioration of the roadway, some of the streets require resurfacing work. It is hereby agreed that the City and State join in resurfacing work on Selected Highways, and WHEREAS, the State for its Fiscal Year 2016 maintenance program is providing an estimated $400,000.00 for the resurfacing of various State highways in Omaha, and WHEREAS, the City agrees with the Fiscal Year 2016 maintenance program for the resurfacing of various State highways in Omaha under the designation of Project No. RD-D2(1038), and that the City Council authorizes the Mayor to sign this agreement, as evidenced by the Resolution of the City Council dated the day of 2015 attached as Exhibit "A" and NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: SECTION 1. The City agrees to prepare specifications, take bids, award contracts, provide the necessary inspection to insure the performance is within specification requirements and maintain sufficient records to fully document locations and actual costs of work performed. Project No. RD-D2(1038) Page 1 of 4 Control No. 22453 City of Omaha The City further agrees that final inspection of the work shall be by the State and only that work which is deemed satisfactory shall be eligible for payment by the State. The City also agrees that the State's share of the cost of the work shall be limited only to the actual construction cost of accepted work based on the lane responsibilities of the City and the State at the locations described in Section 4 herein. SECTION 2. The State agrees to participate in class 3 milling removing 2" of deteriorated asphalt surface)repair base as needed and replace with 2" SPH PG 70-24. Currently estimated at $400,000.00 at the following locations: Westbound Blair High Road: Crown Point Avenue to 1-680, and L Street: Eastbound/Westbound 77th Street Bridge to 72nd Street Bridge. Construction engineering is not included in the above construction costs. SECTION 3. The City agrees to perform any and all of the work required to meet the federal and state standards for the American with Disability Act (ADA) standards at their cost. The State agrees to pay the actual amount based on quantities and unit prices provided by the City upon completion of the project. SECTION 4. The specific locations of highways for which resurfacing is authorized are as follows: Westbound Blair High Road: Crown Point Avenue to 1-680. L28K R.P. 15+7 to R.P. 16+08 to Highway 133 R.P. 3+47 to R.P. 4+44 L Street Eastbound/Westbound: 77th Street Bridge to 72nd Street Bridge Highway 275 R.P. 184+75 to R.P. 185+15 SECTION 5. City may submit progress billings to the State no more often than weekly. Upon completion of the work described herein, the City shall provide to the State certification that the work has been performed according to specifications and shall furnish a summary and supporting pay estimates of actual costs of work performed in the specific areas. These items shall be submitted to the Department of Roads through the District 2 Office in Omaha. Project No. RD-D2(1038) Page 2 of 4 Control No. 22453 City of Omaha The State agrees to make final payment to the City for the actual eligible construction costs within thirty (30) days after inspection and approval of the work by the State's District Engineer and the subsequent receipt of the City's invoice. The final payment of the State's share will be made after the State's cost audit of City records has been made to verify actual costs. SECTION 6. 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 7. The City shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and shall make such material available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this agreement; such records to be available for inspection by the State, and copies thereof shall be furnished by the City if requested. SECTION 8. The parties hereto agree that: (a) Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City contract. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the contract voidable by the Mayor or Council. (b) This contract contains the entire agreement of the parties. No representations were made or relied upon by either party other than those that expressly set forth herein. No agent, employee or other representative of either part is empowered to alter any of the terms hereon unless done in writing and signed by an authorized officer of the respective parties. Project No. RD-D2(1038) Page 3 of 4 Control No. 22453 City of Omaha IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto dulyl authorized as of the dates below indicated. EXECUTED by the City this 41 ay of 9 Lei _ , , 2015. ATTEST: CITY OF OMAHA ____. 1--..---7-\----1 iv\ C... -{itriAl. i lerk Mayor -111 EXECUTED by the State this Z7 day of APR j t„ , 2015. STATE OF NEBRASKA DEPARTMENT OF ROADS Timothy W. Weander, P.E. L / ' 7/. .i l'/.I,� L/I . .,t Di trict 2 •ineer n ,n, F-n n TOT ^n a __/:_____Zri_________ S-,,>-9.- i _ ; ;, ,,, ..Y Project No. RD-D2(1038) Page 4 of 4 Control No. 22453 City of Omaha c 25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha Public Works Department and the State of Nebraska Department of Roads have identified certain street segments that are urban extensiorfs•'of State Highways or links to the State Highway system needing resurfacing, known as Project No. RD- D2 (1038), State Control No. 22453 Fiscal Year 2016 Resurfacing Project; and, WHEREAS,the Department of Roads has programmed up to $400,000.00 for its share of such street resurfacing work; and, WHEREAS, the attached Agreement, which by this reference is made a part hereof, allows for such reimbursement to be made to the City of Omaha for street resurfacing work to be undertaken on the following street segments: Westbound Blair High Road from Crown Point Avenue to I-680 (L28K R.P. 15+7 to 16+08 to Highway 133 R.P. 3+47 to R.P. 4+44), US-275 (Eastbound/Westbound L Street) from 77th Street Bridge to 72nd Street Bridge (R.P.184+75 to 185+15). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Agreement between the City of Omaha and the State of Nebraska Department of Roads, providing for resurfacing on certain street segments which are urban extensions of State Highways or links to the State Highway system, known as Project RD-D2 (1038), State Control No. 22453 Fiscal Year 2016 Resurfacing Project, and reimbursement from the State of Nebraska Department of Roads at an amount not to exceed $400,000.00, is hereby approved; and, THAT, the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreement on behalf of the City of Omaha. 1399djr APPROVED AS TO FORM: ITX CITY ATTORNEY DATE By AZF Councilmember Adopted JUN - 2 2015 'd Ci Clerk fri//..5*- Approve . .. L t"....`�._ C� Mayor NO. - Resolution by Res. that, as recommended by the Mayor, the Agreement between the City of Omaha and the State of Nebraska Department of Roads, providing for resurfacing on certain street segments which are urban extensions of State Highways or links to the State Highway system, known as Project RD-D2 (1038), State Control No. 22453 Fiscal Year 2016 Resurfacing Project, and reimbursement from the State of Nebraska Department of Roads at an amount not to exceed $400,000.00, is hereby approved; and, that the City Council hereby authorizes the Mayor and City Clerk to sign the attached Agreement on behalf of the City of Omaha. 1399Adjr Presented to City Council JUN - 22015 Adopted euiter PM1,(/ City Clerk