RES 2014-1282 - Agmt with MAPA for traffic counts 155041011
CONTRACT COVER PLATE
CONTRACT IDENTIFICATION
1. Contract Number: 155041011
2. Project Number: 410.11 Omaha Public Works Traffic Counting—FY 15
3. Effective Date: July 1, 2014
4. Completion Date: June 30, 2015
CONTRACT PARTIES
5. Contractor Name and Address:
City of Omaha
Public Works Department
1819 Farnam Street
Omaha NE 68183
6. The Planning Agency:
The Omaha-Council Bluffs Metropolitan Area Planning Agency
2222 Cuming Street
Omaha, Nebraska 68102
• ACCOUNTING DATA
7. Contract—not to exceed$63,000 FHWA PL Funds, plus minimum$27,000 in local matching funds.
Allotted -$63,000 FHWA PL Funds, CFDA Number 20.205
8. Administrative Fee: Contractor shall pay the Planning Agency an administrative fee of$3,150 equal
to 5%of the federal portion of this agreement. Federal funds from this agreement shall not be used to
pay the administrative fee.
DATES OF SIGNING AND MAPA BOARD APPROVAL
9. Date of MAPA Board Approval-
10. Date of City Approval
11. Legal Review-
12. Date of State Concurrence-
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AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT entered into this f►cst day of , 2014 by and between the City of Omaha—Publi c
Works, 1819 Farnam Street, Omaha, NE 68183 hereinafter referred to as" the City"and the Omaha-
Council Bluffs Metropolitan Area Planning Agency, 2222 Cuming Street, Omaha, Nebraska, 68102,
hereinafter referred to as "MAPA", providing for prof essional services described herein and within the
MAPA FY 2015 Unified Work Program, hereinafter referred to as the"FY 2015 Program".
NOW, THEREFORE, it is mutually understood and agreed by the parties hereto as follows:
1. EMPLOYMENT OF THE CITY
The City agrees to undertake certain transportation planning activities identified in Section 104 (f) of
Title 23 United States Code an d /or 49 U.S.0 5303, and incorporated into MAPA's FY 2015
Program. This Agreement shall be subject to all required provisions of the Nebraska Department of
Roads (NDOR) Agreement Project No. PL-1(52) attached and incorporated hereto by reference.
(Exhibit I).
2. AREA COVERED
The area to be covered in the study under this Agreement shall be City of Omaha.
3. SCOPE OF SERVICES
A. The City sha II do, perfo rm, and carry out t he duties stated herein and in accordance with
MAPA's FY 2015 Unified Work Program for transportation planning activities for the Omaha-
Council Bluffs Metropolitan Area. The work will include the various work activities within work
element 410.11 identified below and Exhibit II.
410.11 Omaha Public Works Traffic Counting
The City of Omaha Public Works Department will conduct traffic counting based on a three-
year cycle following the industry standard accepted practices. The goal is to systematically collect traffic
volume data and turning movements for over 1,130 intersections every three years on average. These
counts will continue to be corrdinated with the MA PA as well a s the Nebraska Department of Roa ds.
These counts will support various tasks, in cluding long-range transportation planning, crash analysis,
signal timing, project-level analysis, and continued traffic data monitoring i n the MAPA region. Funding
will support staff time for traffic counting and analysis.
B. The City sh all develop prog ress reports documenting their work a ctivities and stu dies
undertaken under the terms of this Agreement. These reports shall be of a quality suitable for
publication, but will not o rdinarily be intended for wide distribution. The do cuments shall be
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written in a style and form suitable for a technical audience rather than the mass public. Such
reports shall contain the following information:
1. Activities completed in the quarter.
2. Percentage completion.
3. Number of hours completed by employee by activity for the quarter.
4. Activities to be completed next quarter.
5. Any existing or expected concerns about completed the activities included in the scope.
C. The aforementioned reports shall be prepared for no less than the work activities specifically
cited within Section 3, Scope of Services. The remaining work activities within the FY 201 5
Program may be documented in a single report or additional reports as is mutually agreeable
to MAPA and the City.
D. The City will cooperate with MAPA in the preparation of inform ation and reports to meet in a
timely manner, the requirements of NDOR. MAPA will be provided a copy of data and reports
developed as a result of this Agreement.
E. The City will be av ailable to provide quart erly oral report s to the MAPA Trans portation
Technical Advisory Comm ittee and the MAPA B oard of Directors when necessary, and will
submit written quarterly progress reports. T hese progress reports will provide, for work
element 410.10 the folio wing information: work performed during the completed quarter,
conformance to app roved project scope, percent completed, if on sch edule, and pl anned
activities for the next quarter. These reports need to be submitted no later than 30 days after
the end of each quarter.
4. PERSONNEL
A. The City represents that it has, or will secure all personnel required in performing the services
under this Agreement without exceeding the project budget. Such personnel will not have any
other financial interest pertaining to work covered by this Agreement.
B. All of the services required hereunder shall be performed by the City or under its supervision
and all personnel engaged in the work shall be fully qualified and authorized under state and
local law to perform such services.
C. All subcontracted services covered by this Agreement shall be reviewed and approved prior to
contracting by MAPA and NDOR.
5. TIME OF PERFORMANCE
The City agrees to perform the services of this Agreement as outlined in the FY 2015 Program
and stated herein, within the time of this Agreement. The agreement shall cover work performed
beginning July 1, 2014 and ending June 30, 2015.
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6. COMPENSATION
Contingent upon receipt of Federal Highway Administration (FHWA) PL funds from NDOR under
Agreement Project No. PL-1(52), MAPA agrees to pay for the services rendered by the City under
the terms of this Agreement, compensation on a cost reimbursement basis for costs incurred and
to include direct costs not to exceed i n any event sixty-three thousand dollars ($63,000.00) less
independent audit and inspection fees, unless acceptable compliance with Office of Management
and Budget (OMB) Circular A-133 can be substituted. The City agrees to contribute in cash or in
services a minimum requirement of twenty-seven thousand dollars ($27,000.00). Services shall
be defined as staff time p aid with non-federal dollars or equipment purchased with non-federal
dollars. (Exhibit II)
Payments for work under this agreement will be made based on actual costs up to a Maxim um-
Not-To-Exceed amount identified in the preceding paragraph. Actual costs include direct labor
costs, direct non-labor costs, and overhead costs.
A. Direct Labor Costs are the earnings that individuals receive for the time they are working
directly on the project.
a. Hourly Rates: F or hourly employees, the hourly earnings rate shall be their
employee's straight time hourly rate for the pay period in which the work was performed.
If overtime hours are worked on this project, the premium pay portion of those hours is
not allowable as a direct labor cost. For sa laried employees, the hourly ea rnings rate
shall be their actual hourly rate as recorded in the City's accounting books of record.
b. Time Reports: The hours charged to the project must be supported by adequate time
distribution records that clearly indicate the distribution of hours to all projects/activities
on a daily basis for the entire pay period. Time reports must provide a clear identifying
link to the projects: such as project description, project number, pertinent work phase,
dates of service, and the i ndividual's name and position. There must be an a dequate
system of internal controls in place to ensure that time charges are correct and have the
appropriate supervisory approval.
B. Direct Non-Labor Costs: These costs include all necessary, actual, and allowable costs
related to completing the work u nder the agreem ent, including but not li mited to: meals,
lodging, mileage, subject to the limitations outlined below; communication costs; reproduction
and printing costs; special equipment and materials required for the project; special insurance
premiums if required solely for this agreement; and such other allowable items.
A non-labor cost charged as a direct cost cannot be included in the Consultant's overhead rate.
If for reasons of practicality, the consultant is treating a direct non-labor cost category, in its
entirety, as an overhead cost, then costs from that category are not eligible to be billed to this
project as a direct expense.
City shall submit to the Planning Agency an invoice or billing itemizing all direct non-labor costs
claimed for work under this agreement, and all supporting receipts or invoices.
7. ADMINISTRATIVE FEE
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The Contractor agrees to pay the Planning Agency an administrative fee of three thou sand one
hundred fifty dolla rs ($3,150). MAPA in ex change shall monitor compliance with grant
requirements, review and approve payment authorizations and submit to the federal age ncy for
payment. Sources of funding for this administrative fee shall come from non-federal funds.
8. ACCOUNTING RECORDS
A. The City shall establish and maintain accounts for the project in a ma nner consistent with
OMB Circular A-133 and in accordance with applicable provisions of 23 CFR 172.
B. Expenditures shall be in conformance with the standards for allow ability of costs set forth in
OMB Circular A-87 and th e contract cost principles and procedures set forth in 48 CF R Part
1.31.6 of the Federal Acquisition Regulation system.
C. The City shall establish and maintain separate accounts for expenditures under NDOR
Agreement Project No. PL-1(52).
9. SUBMISSION OF VOUCHERS/INVOICES
A. The City may submit m onthly, but no less than quarterly, documented invoices of costs
incurred for the work elements and work activities that were previously identified in Sections
3A and 3E of this Agreem ent. Said reports shall account for the expenditure of Federal and
the City shares, shall indicate work program percentage completion, and shall contain a
statement of the City's estimate of the percentage of work completed and be signed by a
responsible representative of the City certifying that all of the items herein are true and correct
for the work performed under the terms of this Agreement. Final payment shall be made upon
determination by MAPA and NDO R that all r equirements hereunder have been completed,
which determination shall not be unreasonably withheld. Promptly after receipt of the City's
invoices, and following receipt of funds from NDOR under Agreement Project No. PL-1(52),
MAPA shall make payment thereon to the City. MAPA may withhold ten percent(10%)of the
total compensation pending a final audit of this Agreement.
B. All invoices shall be taken from the books of account kept by the City and the City shall have
available copies of payroll distribution, receipted bills or other documents reasonably required
by MAPA. The City shall use actual labor rates for billing purposes.
C. The City shall have available a listing o f all the City personnel positions that may be sele cted
or assigned to the work contemplated herein. Said li sting shall indicate the title or
classification and salary range of each such position. It is agreed that employees of the City,
whose time is directly assignable to this FY 2015 Program, shall keep and sign a time record
showing the work element and work activity of the FY 2015 Prog ram, date and hours worked,
and title of position.
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D. It is understood that reimbursement for out-of-state (other than Nebraska, Iowa and Kansas
City) travel costs, will not be requested unless written prior approval for such travel has been
given by MAPA and the State. The rate of reimbursement will be that allowed by the State for
travel by its own employees.
E. If the FHWA notifies MA PA that a cost item p aid to the City under this Agreement i s not
eligible for funding by the FHWA, then the City shall reimburse to MAPA the amount of the
ineligible cost item.
10. TERMINATION OF AGREEMENT FOR CAUSE
A. If, through any cause, the City shall fail to fulfill in a ti mely and proper manner its obligations
under this Agreement, or if the City shall violate any of the covenants, agreements, or
stipulations of this Agreem ent, or refuse to accept changes required by NDOR, MAPA shall
thereupon have the right t o terminate this Ag reement by giving written notice to the City of
such termination and specifying the effective date of such termination. In that event, all
finished or unfinished documents, data, studies, surveys, drawings and reports prepared by
the City shall be made available to MAPA, and the City shall be entitled to receive
compensation for all exp enses incurred or o bligated on all work mutually agreed to be
satisfactorily completed through the effective date of termination.
B. The above a Iso applies when the co ntract may be terminated because of circumstances
beyond the control of MAPA or the City.
11. CHANGES
The City or MAPA may,from time to time, reques t changes in the Scope of Services set forth in
this Agreement which are to be perfo rmed by the City. Such changes, including any increase or
decrease in the amount of the City's comp ensation, which a re mutually agreed u pon by and
between MAPA and the City, and subject to the approval of the NDOR, shall be incorporated in
written amendments to this Agreement.
12. RECORDS AND AUDITS
A. The City shall maintain an accurate cost-keeping system as to all costs incurred in connection
with the subject of this Agreement and shall produce for examination books of account, bills,
invoices and other vouchers, or certified copies thereof if originals are lost, at such reasonable
time and pl ace as may be desi gnated by MAPA, NDOR or a designated Federal
representative and shall permit extracts and copies thereof to b e made d uring the contract
period and for three years after the f inal NDOR-MAPA audit is compl eted, resolved and
closed.
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B. The City shall at all times afford a representative of MAPA, NDOR, FHWA, or any authorized
representative of the Federal government, reasonable facilities for examination and audits of
the cost account records, shall make such returns and reports to a representative as may be
required, shall produce and exhibit su ch books, accounts, documents and property as th e
representative may desire to in spect, and shall i n all thin gs aid the representative in t he
performance of audit duties.
C. The City shall be responsible for meeting the audit requirements of OMB Circular A-133, or
any revision or supplement thereof. OMB Circular A-133 states that when expenditures of
federal awards, whether pass-through or direct, in total exceed $500,000 in a fiscal year, an A-
133 Audit is required. Pass-through monies from MAPA shall be separately identified on the
City's Schedule of Expenditures of Federal Awards as reported in their financial audit.
D. If any amount paid by MAPA to the Contractor under this agreement as found to be ineligible
for reimbursement from the sponsoring federal agency, the Contactor shall pay such amount
back to MAPA.
13. PROHIBITED INTEREST
A. No member of or delegate to the Congress of the United States shall be admitted to any share
or part of this contract or to any benefit arising there from.
B. No member, officer, or employee of MAPA or of a local governing p ublic body during their
tenure or one year thereafter shall have any interest, direct or indirect, in this Contract or the
proceeds thereof.
14. ASSIGNABILITY
Neither the City nor MAPA shall as sign any interest in this Agre ement, and shall not transfer any
interest in the same (whether by assignment or novation), without prior written mutual consent.
15. CLAIMS
Both parties indemnify, save and hold harmless the other party, and all its agents and employees
of and from any and all claims, demands, actions or causes of action of whatever natu re or
character arising out of, or by rea son of, the work to be pe rformed by either party. Each party
further agrees to defend, at its own sole cost and expense, any action or proceeding commenced
for the purpose of asserting any such claim of whatever character arising as a result of its actions.
It is further agreed that any and all employees of either party while engaged in the performance of
any work or service required or provided for herein to be perfo rmed by that party, shall not be
considered employees of the other party, and that any and all claims that may or might arise under
the Worker's Corn pensation Act of th e State of Iowa on behalf of said employees, while so
engaged, and any an d all claims made by any th ird parties as a consequence of a ny act or
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omission on the part of said employees, shall in no way be the obligation or responsibility of the
other party.
16. INTEREST OF THE CITY
The City covenants that it pre sently has no interest and shall not acquire any interest, direct or
indirect, which would conflict in any manner o r degree with the performance or services required
to be performed under this Agreement. The City further covenants that in the performance of this
Agreement, no person having any such interest shall be employed.
17. IDENTIFICATION OF DOCUMENTS
A. All reports, maps, an d other documents completed as pa rt of this Agreem ent, other th an
documents completed exclusively for internal use within MAPA, shall carry the folio wing
notation on t he front cover or a title page (or, in the case of maps in the same bl ock)
containing the name of MAPA, the City and the following:
"The preparation of this repo rt, document, etc. was financed in pa rt
through a Federal grant from the Department of Transportation under the
Transportation Planning Program authorized under Section 104 (f)of Title
23 United States Code and/or 49 U.S.0 5303."
Together with the date (month and year)the document was prepared.
B. Originals of all do cuments including computer tapes, tracings, d rawings, estimates,
specifications, field notes, investigatio ns, studies, etc., as instruments of service under terms
of this Ag reement are to be the joint property of the political jurisdiction and governmental
agencies participating in the transportation planning process. Copies of said documents will
be made available to such participants upon request at costs of such reproduction.
18. PUBLICATION OR RELEASE OF INFORMATION
A. Papers, interim reports, forms or other material which are a part of the work under contract
shall not be copyrighted without written approval of NDOR and FHWA.
B. Either party to the Agre ement may initiate a request for pu blication of the final or inte rim
reports, or any portions thereof.
C. Publication by either party shall give credit to the other p arty and to the FHWA. However, if
NDOR or FHWA does not wish to subscribe to the findings or conclusions of the study the
following statement shall be included on the credit sheet: "T he opinions, findings and
conclusions expressed in this publication are those of the authors and not necessarily those of
NDOR or the Federal Highway Administration."
D. In the event of failure of agree ment between NDOR and the City relative to the publi cation of
any reports during the period of the contract, each pa rty reserves the ri ght to publish
independently, in which event the nonoccurrence of the other party shall be set forth, if
requested.
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E. Both written and o ral releases are considered to be withi n the co ntext of publica tion.
However, there is no in tention to limit discus sion of the stu dy with parti cipants in th e
Transportation Planning Program, small tech nical groups or lectures to employees or
students. Lectures to other groups which describe the plans are permissible.
F. Neither party shall publish nor otherwise disclose, nor permit to be disclosed or published, the
results of the investigation herein contemplated, during the period of the Ag reement, without
notifying the other party.
G. When the schedul ed time for pre sentation of a paper do es not permit form al review and
approval of a complete report, abstracts may b e used for notification of intent to pre sent a
paper based on the study. Such presentation must protect the interest of the other party by
the inclusion of a statement in the paper and in presentation to the effect that the paper had
not been reviewed by the State.
19. NONDISCRIMINATION
A. In connection with the execution of this Agreement, the City shall not discrimin ate against any
employee or applicant for employment because of age, political affiliation, belief, race, religion,
creed, color, sex, national origin, or disability. The City shall take affirmative actions to insure
that applicants and employees are treated without regard to a ge, political affiliation, belief,
race, religion, creed, color, sex, national origin, or disability. Such action shall i nclude, but is
not limited to the followin g: employm ent, upgrading, demotion or transfer; recruitment o r
recruitment advertising; layoff, or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship.
B. The City agrees to comply with the requirements of Title VI of the Civil Rights Act of 1964.
C. The City further agrees to comply with any and all requirements of the U. S. Department of
Transportation and the Federal Highway Administration regarding equal employment
opportunity and nondiscrimination.
20. MINORITY BUSINESS ENTERPRISE
In connection with the performance of this Agreement, the City will cooperate with the project
sponsor in meeting commitments and goals with regard to the m aximum utilization of minority
business enterprises and will use its best efforts to insure that mi nority business enterprises shall
have the maximum practicable opportunity to compete for subcontract work under this Agreement.
21. RESIDENCY VERIFICATION
Pursuant to Neb. Rev. Stat. §4-114 et seq., each party shall use a federal immigration verification
system to determine the work eligibility status of new employees physically performing services
within the State of Nebraska. A fede ral immigration verification system means the electronic
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verification of the work authorization program authorized by the illegal Immigration Reform and
Immigrant Responsibility Act of 1996, 8 U.S.C. § 1324a, known as the E-Verify Program, or an
equivalent federal program designated by the United States Department of Homeland Security or
other federal agency authorized to verify the work eligibility status of a newly hired employee.
IN WITNESS WHEREOF, the parties have hereto caused this Agreement to be executed by their
proper officers and representatives.
OMAHA-COUNCIL BLUFFS METROPOLITAN
AREA PLANNING AGENCY
I
Attesta, ' -A by —
ca--
Chairman, Board of Directors
CITY OF OMAHA, NEBRASKA
Attest: 4/,/,..4C/ V.e9
144A1 Mayor
APPROVED AS TO LEGAL FORM
DATE d//S , 20!
Signed
MAPA L ouns
i a aJ /13 TO
tiai�r�;
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( Exhibit I
PROGRAM AGREEMENT-PL FUNDS
MAPA •
STATE OF NEBRASKA,DEPARTMENT OF ROADS
PROJECT NO.PL-1(52),STATE CONTROL NO.00918A
FY 2015 PLANNING(PL)AGREEMENT
•
• THIS AGREEMENT is between the Omaha-Council Bluffs Metropolitan Area Planning
Agency(MAPA),a local public agency("LPA"),and the State of Nebraska,Department of
Roads("State"),collectively referred to as the`Parties". .
WITNESSETH:
WHEREAS,there are Federal funds(PL Funds)available for use by Metropolitan
Planning Organizations(MPOs).in their transportation program planning level activities("PL
Project"),and •
• WHEREAS,the purpose of this agreement is to provide partial funding of LPA's portion of
the planning activities scheduled to be performed commencing July 1,2014,as outlined In
MAPA's Unified Planning Work Program which is shown on attached Exhibit"A",and •
WHEREAS,the Moving Ahead for Progress In•the 21st Century(MAP-21)requires that a
continuing,comprehensive transportation planning process be carried on cooperatively between
state and local governments in urban areas of over 50,000 population,'and
WHEREAS,LPA has agreed to establish and maintain a continuing,comprehensive,and
'cooperative transportation planning process In the metropolitan area,and
WHEREAS,LPA has been designated as the recipient agency for the Omaha
metropolitan area for PL Funds pursuant to 23 U.S.C.Section 134 as amended by the '
Transportation Equity Act for the 21'r Century,and •
WHEREAS,the Federal share payable on any portion of a PL Project will be a maximum
of 80 percent of the eligible and participating costs;the LPA's share will be the remaining
20 percent of the eigible and participating costs;and LPA will also be responsible for all other .
nonparticipating or ineligible costs,and
WHEREAS,Federal law provides that the Federal share of the cost of PL Projects will be
paid only to the•State,and
WHEREAS,the State is willing to assist LPA to obtain Federal approvai•and funding of •
these LPA PL Projects with the understanding that no State Funds are to be expended in .
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support of these PL Projects,and •
WHEREAS,the LPA has designated an available fully-qualified pubic employee or
elected official to act as"Responsible Charge"(RC)for the subject PL Project,and
•
Project No. (PL-1 (52)) Page 1 of 21
Control No. (00918A)
MAPA FY 2015 PLANNING(PL)AGREEMENT
(AGREEMENT VL1401)
Exhibit I
Exhibit I
•
WHEREAS,the RC wilt be in day-to-day responsible charge of all aspects of the PL
Project,and maintain the PL Project's eligibility for Federal-aid Transportation project funding, •
and
WHEREAS,the LPA understands that it must comply with all terms of 23 C.F.R.635.105
in order for this PL Project to be eligible for Federal funding,and
WHEREAS,if the LPA is to receive Federal participation for any poition of the work on
the proposed PL Project,It is necessary for the work to comply with Federal requirements and
procedures,and
WHEREAS,the State will pay the eligible costs incurred directly to LPA's outside service
providers when the LPA has contracted for such services,subject to reimbursement from LPA jkk
of LPA's share of such costs,and
WHEREAS,the State's role Is federal funding eligibility,Including providing quality
assurance to ensure FHWA on the LPAs behalf that the PL Project Is managed according to •
federal rules and regulations. The State will coordinate with the LPA on federal funding issues
on behalf of the LPA,and
WHEREAS,this PL Project includes monies from the Federal Highway Administration
(FHWA);therefore,if a non-federal entity expends$500,000 or more in total federal awards in a
fiscal year,then OMB Circular A-133 audit requirements must be addressed as explained
further in this agreement,and
WHEREAS,the total cost of the Program Is currently estimated to be 1,335,070,the
federal share Is estimated to be$1,068,056,and the LPA's share is estimated to be$267,014,
but such costs may increase or decrease due to variations between the estimated and actual
Program costs.
WHEREAS,the federal share$1,088,058 Is the sum of the carryover funds from the last
Fiscal Year($141,146)and funds from the upcoming Fiscal Year($926,910). The amount of
'new and carryover PL funds are estimated based on information available at the time of the
agreement and are subject to change. The availability of the federal funds is based on the
continuation of existing funding levels. The LPA has earmarked and has placed in Its fiscal.
budget at least the amount of the focal match. The LPA's share may include both in kind
services and.a local match.The in-kind services are for this Program is estimated to be
$70,822,and
WHEREAS,the LPA desires that MAPA's Unified Planning Program,which is shown on
attached Exhibit`A',be developed under the designation of Project No.PL-1 (52),as evidenced
Project No. (PL-1 (52)) Page 2 of 21
Control No. (00918A)
MAPA FY 2015 PLANNING(PL)AGREEMENT
(AGREEMENT VL1401)
Exhibit I
, • •Exhibit I
•
by the Resolution of the LPA dated the 27 day of Apr 1 ,201,
attached as Exhibit"B"and Made a part of this agreement
NOW THEREFORE,in consideration of these facts,the LPA and State agree as follows:
• SECTION 1. DEFINmONS •
For purposes of this agreement,the following definitions will apply:
"CFDA'means Catalog of Federal Domestic Assistance.
"CFR'means.the Code of Federal Regulations.
'DOT'means the United States Department of Transportation,Washington,D.C.20590,
acting through its authorized representatives.
'FHWA"means the Federal Highway Administration,United States Department of
Transportation,Washington,D.C.20590,acting through Its authorized representatives.
• "FULLY QUAUFIED"means a person who has satisfactorily completed all applicable •
State training courses and who has met the other requirements necessary to beincluded on the •
State 1st of qualified LPA"Responsible Charge"(RCs).
'LPA'means Local Public Agency sponsoring a federally funded transportation project'
•
and determined to be qualified to assume the administrative responsibilities for such projects by •
the State.
"NEB.REV.STAT means the Nebraska Revised Statutes as set forth in Nebraska law.
°OMB'means the Federal Office of Management and Budget.
"FULL-TIME PUBUC EMPLOYEE"means a public employee who meets all the
requirements and is afforded at the benefits of full-time employees as that phrase is applied to •
other employees of the employing entity. A person is not a full-time employee if that person
provides outside private consulting services,or is employed by any private entity,unless that
person can prove to the State in advance,that employee's non-public employment is in afield
unrelated to any aspect of the project for which Federal-aid is Bought
'PUBLIC EMPLOYEE'for the purpose of selecting an RC for this project means a
' I
person who is employed solely by a county,a municipality,a political subdivision,a Native
American tribe,a school district,another entity that is either designated by statute as public or
quasi-public,or entity.included on a list of entities determined by the State and approved by the
Federal Highway Administration(FHWA),as fulfilling public or quasi-public functions.
'RESPONSIBLE CHARGE'or"RC"means the public employee Or elected official who is
fully empowered by the LPA and has actual day-to-day working knowledge and responsibility for
all decisions related to all aspects of the Federal-aid project The RC is the day-to-day project
Project No. (PL-1 (52)) Page 3 of 21 !
Control No. (00918A)
MAPA FY 2015 PLANNING(FL)AGREEMENT,
• (AGREEMENT VL1401)
. Exhibit.I
Exhibit I
manager,and the LPA's point-of-contact for the project Responsible charge does not mean
merely delegating the various tasks;It means active day-to-day Involvement in identifying
options,working directly with stakeholders,.making decisions,and actively monitoring the
project.. It is understood that RC may delegate or contract certain technical tasks associated
with the project so long as RC actively manages and represents the LPA's interests in the
delegated technical tasks.
`UNIFIED PLANNING WORK PROGRAM(PROGRAM)°means a document of
transportation planning activities performed within the metropolitan planning areas,or urbanized
areas with populations.of 50,000 or more. The Program describes planning activities to be
completed,estimate the cost for these planning activities,and indicate the lead agency. -
Transportation activities to design and build transportation infrastructure are usually not induded
In the Program;however all federally funded studies should be included in the Program.
'STATE'means the Nebraska Department of Roads in Lincoln,Nebraska,its Director,
or authorized representative. The State is a funding liaison between LPA and the United States
Department of Transportation in LPA federally funded transportation projects.
`STATE CERTIFIED CONSULTANT means a Consultant that has met the certification
requirements of the Nebraska Department of Roads to provide professional services in certain
work categories for federal and state funded work in Nebraska.
SECTION 2. TERM OF THE AGREEMENT
This agreement will begin with the fiscal year beginning July 1,2014 and ending
June 30,2015.
SECTION 3, PURPOSE OFAGREEMENTAND RESPONSIBILITIES OF THE PARTIES.
A. Purpose
The.LPA wishes to complete a Federal-aid planning project for activities within its
jurisdiction.The LPA and the State understand that the Federal Highway Administration
(FHWA)wilt not provide funding directly to LPA for this project;instead,FHWA provides Federal
funding for eligible and participating project costs through the State. The State,pursuant to '
Neb.Rev.Stat.§39-1305,will act underthis agreement as a steward of federal funds and as a
liaison between LPA and FHWA. The purpose of this agreement Is to set forth the
understanding of the LPA and the State concerning their respective duties to enable the project
to be eligible for federal-aid.funding. Under this agreement,the LPA shall continue to have all
duties concerning any aspect of the planning processes..Nothing In this agreement shall be
construed to create any duty of the State to LPA concerning such matters. LPA further agrees
Project No. (PL-1 (52)) Page 4 of 21
Control No. (0001 BA)
MAPA FY 2015 PLANNING(PL)AGREEMENT
(AGREEMENT VL1401)
Exhibit I
( .`
✓ Exhibit I
that LPA shall have no claim or right of action against the State under this agreement if FFIWA
determines that the project is not eligible in whole or in part,for federal-aid funding. The •
following sections of this agreement include the PL program requirements and other conditions
State believes in good faith that LPA must meet for this PL Project to be eligible for federal
funding.
LPA acknowledges that many conditions must be met by LPA in order to receive Federal-
aid reimbursement. Those conditions irdude,but are not limited to,the unknown availability of
federal-aid funds,the timely and satisfactory completion of all federal-aid funding requirements
and the perceived priority of this project with other projects competing for limited federal-aid
funds. Therefore,LPA agrees to develop this project in an effort to meet all federal and state
eligibility requirements so the project may be determined eligible for federal-aid funding.
B. LPA RESPONSIBILITY
•
• Provide the necessary administration of committees and staff,and consult,collaborate and
coordinate with the State to accomplish the objectives of the Program;
• • Assign qualified LPA staff personnel as needed to execute LPA's pdrtion of the•Program
and oversee the contractual service portion of the Program- LPA shall submit to the State
a listing of all LPA personnel positions that may be selected or assigned to the york
contemplated herein. Said listing shal indicate the title or classification,qualifications,and
salary range of each such position. it is understood that the salaries and expenses of the• •
Chairman of MAPA,and the MAPA Board of Directors will not be reimbursable as direct
costs to the Program. It is agreed that employees of LPA whose time is directly '
assignable to the Program shall keep and sign a time record showing element of Program,
date and hours.worked. During FY 2015,the LPA may make occasional temporary
. changes to the primary team.However,any permanent change to the primary team will •
require prior written approval from the State;
• Arrange for and conduct meetings and conferences to review working details and make
presentations to the principals,participants and other Interested groups and bodies as will
best promote and effect cooperation,coordination and understanding in the Program.
Manuals,questionnaires,reports,forms and other technical documents prepared'for use
in accomplishing the Program shall be submitted to the State and the Federal Highway
Administration for review and approval prior to use;
• Select a Consultant following ail guidelines and requirements outlined in the State's LPA
Guidelines Manual for Federal Aid Projects In regard to the method of procurement,
Project No. (PL-1 (52)) Page 5 of 21
•
Control No. (00918A)
MAPA FY 2015 PLANNING(Pt.)AGREEMENT •
(AGREEMENT VL1401)
Exhibit I
1
Exhibit I
0
evaluation,selection,and contract types. The selected Consultant must be certified to
provide Transportation Planning Services by the State. LPA shell be responsible to
determine that the Consultant is qualified to provide the expertise and experienced
personnel to accomplish the required work product. Price cannot be a selection factor.
The LPA shall follow any applicable requirements including,but not limited to,
requirements defined in Chapter 4 of the LPA Guidelines Manual.
C. STATE RESPONSIBILITY
• Assign qualfied personnel as needed to accomplish tasks assigned to or agreed to by the
State.
• Review the Consultant's Scope of Services and Fee Proposal and provide comments to
the LPA
D. PARTIES RESPONSIBILITY
• If,after consultation with-the State,it is determined that changes to the Program are
necessary,written approval by the State and the Federal Highway Administration shall
be obtained.
• The parties to this Agreement agree to collaborate closely on the decisions affecting the
composition,scope and duration of the work and those decisions shall receive the
written approval of the State prior to proceeding with the Program.
• If,as the work progresses,major changes In the schedules,funding;scope,staffing or
•
estimated total cost of the work to be performed is deemed necessary or desirable,
adjustments.for payrnent or modification in the performance of the work shall be
submitted by supplemental agreement request to the State for review and approval by
the State and the Federal Highway Administration.
SECTION 4. RESPONSIBLE CHARGE(RCIREQUIREMENTS
A. The LPA hereby designates Michael Helgerson and Brayden McLaughlin as the RCs for this
project.
B. Duties and Assurances of the LPA concerning its designated RC for this project
1. The LPA understands the duties and responsibilties of the LPA and RC as outlined in
the LPA Guidelines Manual for Federal-Aid Projects.
2. The LPA has authorized and fully empowered the RC to be kr day-to-day responsible
charge of the subject Federal-aid project this does not mean merely supervising,
•overseeing or delegating various tasks,it means active day-to-day involvement in the
Project No. (PL-1 (52)) Page 6 of 21
Control No. (00918A)
MAPA FY 2015 PLANNING(PL)AGREEMENT
(AGREEMENT VL1401)
Exhibit I
• �j Exhibit I
•
•
project including identifying issues,investigating options,working directly with
•
stakeholders,and decision making. •
3. The RC Is a full-time public employee or elected official of the LPA,or a full-time
employee of another entity as defined in'Public Employee'above.
4. The tPA agrees to take all necessary actions and remake its best good faith efforts to
ensure that the RC's work on the project would be deemed to meet the same standards •
that the State must meet under 23 CFR 635.105.
5. If,for whatever reason,the designated RC is no longer assigned to the project during •
the design phase,the LPA shall,within one day or sooner if possible,notify verbally and
•
in writing the State's Highway Planning Manager,after such notification the LPA shall
replace the RC no later than thirty calendar days or sooner If possible.With advance
written approval by the State,the LPA may use a Provisional RC In accordance with the
State's Provisional RC Policy. •
6. The LPA agrees that It is ultimately responsible for complying with all Federal and State
requirements and policies applicable to Federal-aid projects. The LPA understands that
failure to meet any eligibility requirements for Federal funding may result In the loss of all •
Federal funding for the project In the event that the acts or omissions of RC,the LPA or
its agents or representatives result In a finding that a project is ineligible for Federal
funding,the LPA will repay the State all previously paid Federal funds,as determined by
•
the State,and any costs or expenses the State has Incurred for the project,including but
not limited to,any costs reimbursed for the time and expenses of the RC.
SECTION 5. FEDERAL AID PROJECT REQUIREMENTS
LPA agrees to comply with all Federal-aid project procedures and requirements
applicable to this project,Including federal laws,and when applicable,state and local laws,and
the LPA Guidelines Manual for Federal-aid Projects. •
•
A. The Applicable Legal and Contract Requirements.
1. Title 23 U.S.C.,23 CFR,and 49 CFR-Title 23,Chapter I,cite United States Code
contains most of the federal laws governing this Federal-aid transportation project Title
23 of the Code of Federal Regulations is a codification of the rules and regulations
including provisions governing Federal-aid highway projects administered by the Federal
Highway Administration,Department of Transportation.Title 49 of the Code of Federal
Regulations,Parts 1-99,also includes regulations applicable to.LPA's Federal-aid
Project No. (PL-1 (52)) Page 7 of 21
Control No. (00918A)
MAPA FY 2015 PLANNING(PL)AGREEMENT
(AGREEMENT VL1401)
Exhibit I
Exhibit I
transportation project.The Federal-aid highway program provisions of 49 CFR are found
primarily In Parts 18,19,24,20-29,32,37 and 38. • •
2. LPA Guidelines Manual-LPA also agrees to develop its project.in strict compliance with
• the provisions of the LPA Guidelines.Manual for Federal Aid Projects(The Manual),
which Is incorporated herein by this reference. The Manual is a document drafted In part,
and formally approved,by the FHWA as a document setting out requirements for LPA
projects funded with Federal-aid funds. A current version of The Manual can be found In
its entirety at the following Internet address:jlttullwww.transportation.nebraska.aovlaov-
i
afffoa Guide-man.html. In the event the LPA believes that The Manual doesn't clearly. •
address a particular aspect of the project work,the LPA sbafl seek guidance or
clarification from the State's Local Project Section Engineer or Project Coordinator.
B. Federal Oversight.If the project has been designated as full federal oversight,then
additional federal oversight and approvals will.be required:It is the responsibility of the LPA.
to understand the additional.requirements and ensure that the State and FHWA are
provided timely notice for additional oversight and approvals.
C. Lose of Funding,In order for the LPA to receive Federal Funds for any part of this project,
the LPA shall perform the services for all aspects of thePL Project,according to Federal
procedures and requirements. Although Federal Funds may be allocated to the project,all
aspects or certain aspects of the Pl.Project may becomegible for Federal Funds if
Federal procedures and requirements are not met.
SECTION 8. SUSPENSION OR TERMINATION
A.Suspension.
The State,In its sole discretion,reserves the right to suspend LPA'a project when the
State determines that there are issues related to project performance,responsiveness,quality
•
or eligibility that must be corrected by LPA. Suspension of the project may include,but is not
Gritted to,the State declaring LPA's continued work on the project ineligible for reimbursement
and State discontinuing assistance with and review of LPA's work on this project. The State
shall provide LPA notice of the suspension including:(1)a description of the.reason(s)for the
suspension,(2)a timeframe for LPA to correct the deficiencies,and when applicable,(3)a
description of the actions that must be taken for the State to revoke the suspension.
A suspension may also be imposed by the State for any of the reasons listed in the
Termination subsection below,or for any significant change In the scope of the project that has
not been previously approved by the State or FHWA.
Project No. (FL-1 (52)) Page 8 of 21
Control No. (00918A)
MAPA,FY 2015 PLANNING(PL)AGREEMENT
(AGREEMENT VL1401)
Exhibit I
Exhibit I
Failure to correct the deficiencies identified in a suspension will be grounds for the loss of
eligibility for federal furring for the project and for termination of this agreement.
B.Termination.
This agreement may be terminated as follows:
1. The State and the LPA,by mutual written agreement,may terminate the agreement at
•
• any time. •
• 2. The State may terminate this agreement for the following reasons:
(a) A decrease or shift in available federal-aid fundingthat will,in the sole discretion of
the State,make it unlikely or impossible for this project to be prioritized to receive
Federal-aid funding.
.(b) When IPA's project has not been properly advanced as evidenced by the •
occurrence of any of the following events:
(i) LPA has not sought reimbursement from State for any RC or other eligile
project costs fora period of one year. •
ti
(ii) LPA's designated RC has not met all RC qualification requirements for the
project by the time specified by the State.
•
(iii) LPA has failed to replace the RC with an RC.approved by the State within 30
days during the design stage or 10 days during the project letting or
construction stages,from when the RC leaves,or is removed from the project
for any reason.
(r) LPA has not included the Program within the LPA's one or silt year plans or,
when applicable,within the LPA's Transportation Improvement Program
(TIP),in•the correct fiscal year.
• (c) LPA's failure to meet the requirements for Federal-aid local projects found in
federal,state,or local law or policy,or the requirements of the LPA Guidelines •
Manual. •
(d) A notice or declaration of FHWA or the State•that any part of the project is or has
become ineligible for federal funding. •
(e) LPA's failure to sign any State drafted or approved project agreement Inducing
supplemental agreements.
(f) LPA's failure to pay In full the local share specified in any agreement within •
30 days after receipt of an invoice from the State.
(g) LPA's breach of a provision of this agreement
Project No. (PL-1 (52)) Page g of 21
Control No. (00918A) •
MAPA FY 2015 PLANNING(PL)'AGREEMENT
(AGREEMENT VL1401)
Exhibit
(Th Exhibit I
3. The LPA may terminate the agreement upon sixty(60)days written notice of termination
to the State,subject to the LPA meeting the conditions of paragraph 5 below.
4. Prior to the State terminating this agreement,the State shall provide written notice to the
LPA of the basis for termination and,when applicable,provide the LPA sixty(50)days to
properly resolve all issues identified by the State.
5. Whenever the project is terminated for any reason,LPA shall(a)repay State all Federal-
aid aid funds that have been expended for the project and(b)pay State for all of State's •
• costs associated with the project that have not been reimbursed under 5.(a).Further,the
LPA wit thereafter be solely responsible for all costs associated with LPA's project.
SECTION 7. OMB CIRCULAR A-133 AUDIT
The funding for the project Under this agreement Includes federal monies from the
FHWA. According to the Single Audit Act Amendments of 1996 and the implementing
regulations contained in OBM Circular A-133,the A-133 Audit is required if the non-federal
entity expends$500,000 or more in total federal awards in a fiscal year. Non-federal entity
means state and local governments and non-profit organizations.
The IPA shall have its finance officer or auditor;review the situation to determine what
the LPA must do to comply with this federal mandate. Any federal funds'for LPA projects paid
directly to contractors and Consultants by the State,on behalf of the LPA,will be reported on
the State's schedule of expenditures of federal awards(SEFA)and need not be reported by
LPA.(as per F IWA's February 15,2012 letter and State's February 24,2012 letter). If an
A-133 audit is necessary,the expenditures related to the federal funds expended under this
project should be shown In the report's Schedule of Expenditures of the Federal Awards
(SEFA).
If necessary,the Federal award information needed for the SEFA includes:
Federal Grantor.U.S.Department,of Transportation—Federal Highway Administration
Pass-Through Grantor Nebraska Department of Roads
Program Title: Highway Planning and Construction(Federal-Aid F ighway Program)
CFDA Number 20.205
Project Number:PL-1 (52)
If an A-133 Audit is submitted by the LPA,the LPA shall provide a copy of the audit
report to the Nebraska Department of Roads,Highway Audits Manager,P.O.Box 94759, .
Lincoln,NE 68509-4759.
Project No. (PL-1 (52)) Page 10 of 21
Control No. (00918A)
• MAPA FY 2015 PLANNING(PL)AGREEMENT
(AGREEMENT VL1401)
Exhibit I
r�
Exhibit I
•
SECTION ft FINANCIAL RESPONSIBILITY
•
A. TOTAL PROJECT COSTS AND FUNDING COMMITMENTS
The total cost of the Program Is cumerltly estimated to be$1,335,070.
redound Load Match Total
mato
Recipient(Agreement) .
• MAPA VL1401 $871456 $97,043 0 $758,499
Subcontractors(if:,.r bk.).
Douglas Co $130,000 $32,600 '$23,214 $186,714
+ f, Omaha Traffic Count $83,000 $16,750 •$11,260 . $90,000
Omaha Planning aik $113,800 $28,400 . $20,286 $182,288
Ouvr
=412 $45.000 $10,125 $7,232 $62,357
p1i EzzimExtezosssrml $12,376 $8,839 $88,214
Totals •1 068 056 196 193 70 821 E 1 335 070
Both the LPA and State recognize this is a preliminary estimate and the final cost may be
higher or lower. In order to exceed the costs obligated for the Program,the LPA must seek and •
obtain-from the State additional Federal funding obligation by:
• Submitting a detailed cost estimate,when applicable,and receiving State's approval of •
such estimate,
• Receiving notification from the State that additional Federal funds have been
obligated,
• Receipt of a notice to proceed from the State to incur costs,If applicable
B. LPA RESPONSIBILITY
The LPA understands that payment for the costs of this project,are the sole
responsibility of the LPA when Federal participation is not allowable or available or lithe project
Is subsequently determined to be ineligible for Federal-aid funding. Therefore,when the•
Federal government refuses to participate in the project or any portion of the project the LPA is, '
responsible for full project payment with no coat or expense to the State in the project or in•the
ineiigtbie portion of the project. Should the project be abandoned before completion,the LPA
shall pay or repay the State for all costs incurred by the State prior to such abandonment
C. REIMBURSEMENT OF COSTS INCURRED BY THE LPA
LPA incurred project costs of those listed in this section may be edible for
reimbursement from Federal-aid funds for this project if:
• The LPA submits a detailed cost estimate,when applicable,and the State approves
such estimate, •
Project No. (PL-1 (52)) Page 11 of 21 •
Control No. (00918A)
MAPA FY 2015 PLANNING(PL)AGREEMENT •
(AGREEMENT VL1401)
Exhibit
Exhibit I
•
• The State has obtained Federal funds obligation,
•
• The State Issues notice to proceed to the LPA to incur costs.Work performed on the
project prior to receipt of the Notice-to-Proceed Is ineligible for Federal-aid
reimbursement,
• The LPA obtains the approval of the State and of the FHWA prior to the purchase of
any specialized equipment. Specialized equipment is equipment not ordinarily used or
required in the regular administrative or planning operations of LPA. Such equipment
must be required for and used primarily on work associated with this project.The cost
of this specialized equipment must be reasonable as determined by the State or FHWA,
• The LPA agrees to certify that items of equipment included In direct costs have been •
excluded from the indirect costs,
• The LPA submits invoices no more frequently than monthly and no less often than
quarterly and in accordance with the procedures below.The LPA is responsible for
submitting for reimbursement the total*actual costs•axpended that are eligible for
Federal-aid. The State,on behalf of FHWA,will review the costs submitted and
determine what costs are eligible for reimbursement. The State will reimburse the LPA
for the Federal share of the eligible actual costs. The LPA shall retain detailed cost
. records supporting all invoices,and shall submit those records to the State upon •
request.
The LPA Is required to submit their reimbursement requests through OnBase;an
electronic invoice workflow application utilized by the NDOR. Reimbursement requests .
should be submitted to NDOR Highway Planning Manager. In addition to a cover sheet
showing the amount of the reimbursement request and the local share,the
reimbursement request must also include: 1)Invoice,2)Cost Breakdown Form, •
3)Progress Report,and 4)proof of payment to any subcontractors. .
1) Invoice—the Invoice must Include the following breakdown of costs
a.For Actual Cost Agreements:
i. Direct Labor Costs(hours worked multiplied by the actual labor rate)
ii. Labor Fringe Benefits and/or if appropriate Indirect(Overhead)Costs •
iii.Fee For Profit(as negotiated in the professional services agreement)
iv.Direct Non-Labor Costs
- v.Dates of service
b.Federal balance due to the MPO for the current period
Project No. (PL-1 (52)) Page 12 of 21
Control No. (00918A)
MAPA FY 2015 PLANNING(FL)AGREEMENT
(AGREEMENT VL1401)
Exhibit I
• ( . Exhibit I
•
c.Federal and Local share breakdown of the.expenses
• 2) NDOR Cost Breakdown—NDOR Payment Request Form,properly prepared,
signed and dated.
3) Progress Report—must include the following:
a.A description of the work completed within current billing period •
b.A list of unresolved issues that will impede the progress of the work
c.The percent of authorized work completed
4) Proof of Payment to Subcontractors-Proof of payment(e.g.canceled checks or
funds transfer)is required before invoice reimbursement can occur.
It is understood that when utilizing PL Funds for travel expenses related to planning
activities outside the MPO area,the LPA will submit detailed travel information to the State
either prior to the travel,or submitted with the PL billing statement. The reimbursement for
meal and lodging rates shall be limited to the prevailing standard rate as indicated In the
current website address for U.S.General Services Administration's(GSA)rates which is
indicated below •
httpJ/www.gsa.aovlaortaYcategoryl100120
State will perform an initial check to verify that all necessary documentation is accurate
and complete. The State will reimburse the LPA for the Federal share of the eligible actual
costs and will make a reasonable effort to pay LPA within 15 days of State's receipt of the
LPA's reimbursement request.
•
The criteria contained in Part 31 of the Federal Acquisition Regulations System
• t
(48 CFR 31)wll be applied to determine whether the costs incurred by the LPA are
allowable under this agreement,including any Professional Services agreements.
•
Project oversight costs*include:direct costs,such as compensation of LPA employees
for their time devoted and related directly to the performance of.the project phase for which
• I
the federal-aid was approved;cost of materials consumed as part of the project;and
• i
indirect costs,with an approved indirect Cost Allocation Plan as outlined in the LPA
Guidelines Manual for Federal Aid Projects.
D. PAYMENT OF CONSULTANT PROFESSIONAL SERVICES BY THE STATE
When the LPA uses Consultant professional services for this project,the costs of these
services may be eligible for payment from Federal-aid funds. For the State to pay for these
professional services,the LPA must execute an agreement with the service provider using the
State's template agreement. Such agreement shall include a detailed scope of services and fee
Project No. (PL-1 (52)) Page 13 of 21
Control No. (00918A)
MAPA FY 2015 PLANNING(PL)AGREEMENT
•(AGREEMENT VL1401)
Exhibit I
1
Exhibit I
proposal. The State shal pay the Consultant directly,with Federal and local funds,for any
eligible costs. Any non-participating costs,or costs determined to be ineligible,shall be the sole
responsibility of the LPA and LPA shall reimburse the State for any such costs paid to the
Consultant. Any professional services performed prior to Federal authorization and
receipt of a Notice to Proceed will not be eligible for Federal-aid.
E. LPA PROJECT BUDGET AND INVOICING BY THE STATE
{
The LPA will earmark and place in Its fiscal budget an amount sufficient to fund LPA's
project commitments as shown In subsection A.above;
At times determined by the State,and after execution of this agreement,the State will
{
Invoice the LPA for some or LPA's entire share of the State incurred preliminary engineering
project costs.After execution of a professional consultant services agreement for this project,
the State will invoice the LPA their share of the total agreement amount.
F. AUDIT AND FINAL COST SETTLEMENT
The final settlement between the State and the LPA will be made after final funding •
review and approval by the State and after an audit,If deemed necessary,has been performed
to determine eligible actual costs.
If deemed necessary,an audit wilt be performed by the State to determine whether the
actual costs incurred on the project are eligible for reimbursement with Federal funds. The
amount of the final settlement between the State and the LPA wilt be the LPA's share of the
total eligible project costs,plus all Ineligible project costs,less the total local funds previously
paid to the State by the LPA.
If the LPA's calculated share is more than the amount of local funds previously paid to
the State,the State will big the LPA for the difference. The LPA agrees to pay the amount due
the State within thirty(30)days of receipt of invoice.
If the LPA's calculated share is less than the amount of local funds previously paid to the •
State,the State wil reimburse the LPA for the difference.
SECTION S. PROCUREMENT OF PROFESSIONAL SERVICES
The LPA shall procure engineering and planning services providers using the
Qualifications Based Selection process set out in the LPA Guidelines Manual. Professional
services include,but are not limited to;planning studies and preliminary engineering.
Project No. (PL-1 (52)) Page 14 of 21
Control No. (00818A)
MAPA FY 2015 PLANNING(PL)AGREEMENT
(AGREEMENT VL1401)
Exhibit I
( i
C •
Q Exhibit I
SECTION 10. PROFESSIONAL SERVICES
•
It is understood by the Parties that the LPA is solely responsible for the professional
•
performance and ability of the LPA and their Consultants)in the planning,design,construction,
operation and maintenance of this project. Any review or examination by the State,or
acceptance or use of the work product of the LPA or their Consultant will not be considered to
be a full and comprehensive review or examination and will not be considered an approval,for
' s
funding or for any other purpose,of the work product of the LPA and their Consultant which •
would relieve the LPA from any expense or liability that would be connected with the LPA's sole
responsibility for the propriety and integrity of the professional work to be accomplished by the
LPA.for the project. •
SECTION 11.INDEMNITY
The LPA agrees to hold harmless,indemnify,and defend the State and FHWA against all
liability,loss,damage,or expense,including reasonable attorneys fees and expert fees,that
the State and/or FHWA may suffer as a result of claims,demands,costs,or Judgments arising
out of IPA's project and the terms of this agreement
SECTION 12. CONFLICT OF INTEREST LAWS •
The IPA shall review the Conflict of Interest provisions of 23 CFR 1.33 and 49 CFR
18.38(b)(3)and agrees to comply with all the Conflict of Interest provisions In order for the
project to remain fully eligible for State or Federal ftfidIng. LPA should review,understand and
follow the instructions provided In the NDOR CONFLICT OF INTEREST GUIDANCE •
DOCUMENT FOR LPA OFFICIALS,EMPLOYEES&AGENTS FOR LOCAL FEDERAL-AID V
TRANSPORTATION PROJECTS located on the State website at the following location:
j>J{p://www.roads.ne.00v/aov-a f/oa/charter-forme%I/coi-auidance-doo-loa.odf
The LPA must also complete and sign the NDOR CONFLICT OF INTEREST. •
DISCLOSURE FORM FOR LPAS FOR LOCAL FEDERAL AID TRANSPORTATION
PROJECTS,for each project. This form Is located on the State website at the following
location: •
httoJ/www.roads,ne•aov/govlilf/loa/chanter-fomrs/coi/coi-diadosure-doe-loa.od(
Consultants and Subconsultants providing services for LPA's,or submitting proposals
•
for services,shall submit a Conflict of Interest Disclosure Form for Consultants. Consultants
and Suboonsultants shall submit a revised form for any changes in circumstances,or discovery
of any additional facts that could result in someone employed by,or who has an ownership,
•
Project No. (PL-1(52)) • Page 15 of 21
Control NO. (00918A) .
MAPA FY 2015 PLANNING(PL)AGREEMENT •
(AGREEMENT VL1401) ,
• Exhibit I
rr
(T Exhibit I
personal,or other interest with Consultant or Subconsultant having a real or potential conflict of
interest on an LPA federal-aid transportation project
SECTION 18. DRUG FREE WORKPLACE •
The LPA shall have an acceptable and current drug-free workplace poky on fib with the
State.
SECTION 14. RECORDS RESPONSIBILITY
The LPA shall maintain all correspondence,files,books,documents,papers,accounting
records and other evidence pertaining to costs incurred and shall make such material available
at its office. These records shall be available at all reasonable times during the contract period
and for at least three years from the date of final cost settlement under this agreement. Such
records must be available for inspection by the State and the FHWA/FTA or any authorized
representatives of the Federal government,and the LPA shall furnish copies to those mentioned
in this section when requested to do so.
Papers,interim reports,forms or other materials which are a part of the work under
contract will not be copyrighted without written approval of the State and Federal Highway
Administration:
Either party to the Agreement may initiate a request for publication of the final or Interim
reports,or any portions thereof. •
Pubication by either party shall give credit to the other party and to the Federal Highway
Administration. However,If the State or Federal Highway Administration does not wish to
•
subscribe to the findings or conclusions of the Study the following statement shall be included
on the credit sheet: "The opinions,findings and conclusions expressed in this publication are
those of the authors and not necessarily those of the State or Federal Highway Administration."
In tie event of failure of agreement between the State and LPA relative to the
publication of any reports during the period of the contract,each party reserves the right to
publish independently,in which event the nonoccurrence•of the other party shall be set forth,if •
requested.
Both written and oral releases are considered to be within the context of publication.
However,there is no intention to limit discussion of the study with participants in the
Transportation Planning Program,small technical groups or lectures to employees or students.
}
Lectures to other groups which describe the plans are permissible.
Project No. (PL-1 (52)) • Page 18 of 21
Control No. (00918A)
MAPA FY 2015 PLANNING(PL)AGREEMENT
(AGREEMENT VL1401)
Exhibit I
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Q Exhibit I
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Neither party shall publish nor otherwise disclose,nor permit to be disclosed or
published,the results of the Investigation herein contemplated,during the period of the
Agreement,without notifying the other party.
When the scheduled time for presentation of a paper does not permit formal review and
approval of a complete report,a statement must be included in the paper and in the
presentation of the effect that the paper had not been reviewed by the appropriate other party. •
SECTION 15. FAIR EMPLOYMENT PRACTICES
If the LPA performs any part of the work on this project itself,the LPA shall 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 the
SECTION 30. TITLE VI NONDISCRIMINATION CLAUSES of this agreement. The reference to
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"Contractor in this section also means the"LPA".
SECTION 16. DISABILITIES ACT •
The LPA agrees to comply with the Americans with Disabilities Act of 1990
(P.L 101-366),as implemented by 28 CFR 35,which is hereby made a part of and included in
• this agreement by reference.
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SECTION 17.LAWFUL PRESENCE IN USA AND WORK ELIGIBILITY STATUS PROVISIONS
The LPA agrees to comply with the requirements of Neb.Rev.Stat.§4-108 to 4-114 with .
its Federal-aid project,Including,but not limited to,the requirements of§4-114(2)to place in any '
contract It enters Into with a public contractor a provision Lequiring the public contractor to use a
federal immigration verification system to determine the work eligibility status of new employees
physically performing Services within the State of Nebraska. •
SECTION 18. DISADVANTAGED BUSINESS ENTERPRISES(DBE)
A. Policy
The LPA shall ensure that disadvantaged business enterprises as defined In 49 CFR
Part 26 shall have the ma:dmtan opportunity to participate in the performance of contracts
financed In whole or in part with Federal Funds under this agreement. Consequently,the DBE
requirements of 49 CFR Part 26 are hereby made a part of and incorporated by this reference
into this agreement.'
B. Disadvantaged Business Enterprises(DBEs)Obligation •
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Project No. (PL-1 (52)) Page 17 of 21
Control No. (00918A)
MAPA FY 2015 PLANNING(PL)AGREEMENT
(AGREEMENT VL1401)
Exhibit I
Exhibit I
The LPA and State shall ensure that disadvantaged business enterprises as defined in
49 CFR Part 26 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 LPA shall take all necessary and reasonable steps in accordance
with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum
opportunity to compete for and perform contracts. The LPA shall not discriminate on the basis
of race,color,national origin,or sex In the award and performance of FHWA assisted contracts.
The LPA,acting as a sub-recipient of Federal-aid funds on this project shall adopt the
disadvantaged business enterprise program of the State for the Federal-aid contracts the LPA
enters into on this project.
Failure of the LPA to carry out the requirements set forth above shall constitute breach
of contract and,after the notification of the FHWA,may result In termination of the agreement or
contract by the State or such remedy as the State deems appropriate.
SECTION 19. TITLE VI NONDISCRIMINATION CLAUSES
During the performance of this agreement,the LPA,for itself,its assignees and
successors In interest agrees as follows:
(1) Compliance with Regulations: The LPA shall 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 agreement.
(2) Nondiscrimination: The LPA,with regard to the work performed by it after award and prior
to completion of the contract work,shall not discriminate on the basis of disability,race,
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color,sex,religion or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The LPA shall 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""S"and"C"of Part 21 of the Regulations.
(3) Solicitations for Subcontracts.Indudina Procurements of Materials and Equipment In all
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solicitations either by competitive bidding or negotiation made by the LPA for work to be
performed under a subcontract,including procurements of materials or equipment,each
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potential subcontractor or supplier shall be notified by the LPA of thed.PA's obligations
Project No. (PL-1 (52)) . Page 18 of 21
Control No. (00918A)
MAPA FY 2015 PLANNING(PL)AGREEMENT
(AGREEMENT VL1401)
•
Exhibit I
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t Exhibit I
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under this agreement and the Regulations relative to nondiscrimination on the basis of
disability,race,Dolor,sex,religion or national origin.
(4) Information and Reports: The LPA shall provide all information and reports required by
' the Regulations,or order"and Instructions issued pursuant thereto,and will permit
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access to its books,records,accounts,other sources of information,and its facilities as
may be determined by the State or the FHWA 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 LPA shall so certify to the State,or the FHWA as appropriate,and shall
. set forth what efforts it has made to obtain the information. •
(5) Sanctions for Noncompliance: in the event piths LPA's noncomplance with the
' nondiscrimination provisionsof this agreement,the State will impose such contract
sanctions as It or the FHWA may determine to be appropriate,including but not limited to,
(a) Withholding of payments to the LPA under this agreement until the LPA compiles,
and/or
(b) Cancellation,termination or suspension of this agreement, whole or in part.
in
(8) incorporation of Provisions: The LPA shall include the provisions of paragraphs(1)
through(8)In every subcontract,Including procurements of materials and leases of
equipment,unless exempt by the Regulations,order,or instructions issued pursuant
thereto. The LPA shall take such action with respect to any subcontract or procurement
as the State or the FHWA may direct ass means of enforcing such provisions induding
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 IPA may request the State to enter into such litigation to protect the
. interests of the State,and In addition,the LPA may request the United States to enter into
such litigation to protect the interests of the United States.
SECTION 20. ENTIRE AGREEMENT
This instrument embodies the entire agreement of the Parties. There are no promises, •
terms,conditions,or obligations other than contained herein,and this agreement supersedes all '
previous communications,representations,or other agreements or contracts,either oral or
written hereto. •
SECTION 21.CERTIFICATION FOR GRANTS.LOANS.AND COOPERATIVE AGREEMENTS
The undersigned certifies,to the best of his or her knowledge and belief,that .
Project No. (PL-1 (52)) Page 19 of 21
Control No. (00918A)
MAPA FY 2015 PLANNING(Pt)AGREEMENT
(AGREEMENT VL1401)•
Exhibit I
Exhibit I
(1) No federal appropriated funds have been paid or will be paid,by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or
employee of any federal agency,a Member of Congress,an officer or employee of
Congress,or an employee of a Member of Congress in connection with the awarding
of any federal contract,the making of any federal grant,the making of any federal
loan,the entering into of any cooperative agreement,and the extension,continuation,
renewal,amendment,or modification of any federal contract,grant,loan,or
cooperative agreement
(2) If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer employee of any
federal agency,a Member of Congress.an officer or employee of Congress,or an
employee of a Member of Congress in connection with this federal contract,grant,
loan,or cooperative agreement,the undersigned shall complete and submit Standard
Form-LLL,"Disclosure Farm to Report Lobbying" In accordance with Its Instructions.
(3) The undersigned shall require that the language of this certification be Included in the
award documents for all subawards at all tiers(including subcontracts,subgrants,and
contracts under grants,subgrants,loans,and cooperative agreements)and that all
subrecipients shall certify and disclose accordingly. .
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered Into. Submission of this certification Is a prerequisite for
making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code. Any
person who fails to fie the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than$100,000 for each such failure.
Project No. (PL-1 (52)) Page 20 of 21
Control-No.. (00918A)
MAFIA FY 2015 PLANNING(PL)AGREEMENT
(AGREEMENT VL1401)
Exhibit I
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1. j Exhibit I
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IN WITNESS WHEREOF,the Parties hereby execute this agreement pursuant to lawful
authority as of the date signed by each party. •
• EXECUTED by the LPA this I St day of ••..10S.- ,2014.
WITNESS: OMAHA-COUNCIL BLUFFS METROPOLITAN .
• AREA PLANNING AGENCY
Greg Youell
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. Administ ' ervrces Manager . <_• we ', -
EXECUTED by the State this 7 f -day of...1 fr ,2014.
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Michael Owen,P,E.
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• • Planning&Project Development Engineer
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Project No. (PL-1(52)) Page 21 of 21 •
Control No. (00918A)
MAPA FY 2015 PLANNING(PL)AGREEMENT •
(AGREEMENTVL1401)
• Exhibit I
*., ( Exhibit I
Bchbq
OMAHAfiAUNCIL BLUFFS METROPOLITAN AREA PLANNING AGENCY
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RESOLUTION NUMBER 2014_019
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WHEREAS,the members of the Ornelw*Council Bluffs lAstrvpolian Area Flaming Agency(MAPA)Board
of Directors have been formally designated.by their respective legielathre bottle to act es their cfcW
representatives in planning matters of mutual concern;
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WHEREAS,the MAPA Board of Dlrectors•r.quiresthe development of an Annual/Unified Work Program
(MAP)Ong the egencycard transportation planning activities for the organiaalIon;and •
WHEREAS,the prolttninaryMAPA fiscalyeer2016 Annls1UnifiedWork Program(*MVP)hes Identified
that funds may beneeded from the Nebraska Department of Roads(NDOR),Iowa Department of Trumpetlike
(tows DOT),Federal highway Admklitration(PRIMA),Federal Tiransf AdmkistraUcn(FTA),Iowa Department of
Emnomb Develolsnant(IDER).lows Department of Natural Resources(IDNR).Nebraska Department of
Environmental tal mlty(NDMeQ).New Di tot EooncmlcDeY.iePlfler*(NDED),Economic
•DavalopmertAdmdnitrdon(EDA),Vie U.S.Deportment of Housing end Urban Development(HUD),
Bwkorsnenbi Prated/Jon A9errcy(EA),U.B.Dept of Dafarse(DOD)and local lrrledicUons to complete
planning Frograms and projects,including transportation,identified in this work program;
THEREFORE BE IT RESOLVED,that theMAPA Board of Dirsoto/5 authorizes the Er:sautive Director to
file.negotiate and execute applications.contract.,agreements,neuronal and other docaanents a utrad with the
following age Ilia:Nebraska Department of Roads(NOOK),Iowa DeparimentofTransportation(Iowa DOT),
- Federal.WghwayAdmfnistration(FHWA),FederalTranalAdmhlstratiai(F[A),IowaDepartrnantofEconomic
Development(IDED),Iowa Dsierlment of Natural Resources(IDNR),Nebraska Deportment of Envircnmanti
Outdlyy(NON),Nebraska Departmental Economto Dsvelopmant(NDED),the Economic-Development. • •
Administration(EDA),the U.S.Department of Housing and Urban Development(HUM,Environmental Protection
Agency(EPA),and U.S.Deportment of Defense(DOD)
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CERTIFICATE
rto underogned duly queened and acting as Chairman of the Board of the Omaha,*ninon surfs
MebopWllan Area Planting Agency certifies that the forgoing lea true end nomad copy of a raeolutian;e4opgd>a
a tagaly convened meeting of the Board of Dkeotelrs of the Omaha-Cour t:I Miffs Metropolitan Arm Flsr ing
Agjarmy held on Apol 24,2014.
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dv f�d�►
Ronald Kohn,Clielrman
MAPA Board of Directors
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Exhibit I 1
Exhibit II
Project Description for MAPA FY2015 PL Funding:
City of Omaha Traffic Counting Program
Omaha, Nebraska
The City of Omaha's traffic counting program is based on a three-year cycle following the industry
standard accepted practices. The goal is to systematically collect traffic volume data and turning
movements for over 1,130 intersections every three years on average. These counts will continue to be
coordinated with the Metro Area Planning Agency(MAPA) as well as the Nebraska Department of
Roads.These counts will support various tasks, including long-range transportation planning,crash
analysis,signal timing, project-level analysis,and continued traffic data monitoring in the MAPA region.
Scope/Requirements:
Traffic counts at approximately 1,130 locations within the City of Omaha's jurisdiction would be
completed on a three-year cycle, including approximately 80 high-priority intersections counted every
two years, 125 counts at project locations, and another 900+counts every three years. The proposed
budget for FY 2015 includes traffic counts at approximately 375 locations. The volume, speed and
classification data all contribute to the regional traffic count database managed by the Metro Area
Planning Agency. Data includes 15 minute intervals, peak periods,estimated average daily traffic
counts, pedestrians,as well as bicycles and trucks when requested. Speed and classification data is
collected at only select locations,as necessary.The count data is also available on the City of Omaha
government website, and is shared with local agencies via hard copy and also electronically when
required.
Budget:
Personnel
Traffic Counters and Analysis Total Overhead rate to be calculated for FTE at 35.22%
Salary&Wages $70,787.76 0
Overhead and PT employees at 7.65/o.
$ 14,157.55
Other Direct Expenses
Mileage $ 4,222.69 Mileage to be paid at IRS rates for business miles.
Reproduction $ 832.00
Total $ 90,000
Federal Match (70%) $ 63,000
Local Match (30%) $ 27,000
Including"In-Kind"Soft Donations
Deliverables:
Data will be updated and delivered quarterly to the Metro Area Planning Agency, Nebraska Department
of Roads, Douglas County Engineers,and to City of Omaha Public Works and Planning Department
officials. It will also be made available to the public via the City of Omaha government website.
Exhibit II
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the Omaha-Council Bluffs Metropolitan Area Planning Agency (MAPA)
desires to engage the City of Omaha, Public Works Department to provide certain elements of an
area wide transportation planning study for their fiscal year 2015; and,
WHEREAS, the City of Omaha, Public Works Department will provide traffic counts
and other information for this project with duties and responsibilities as detailed in the
Agreement for Professional Services, which by this reference becomes a part herein; and,
WHEREAS, MAPA will pay the City of Omaha $63,000.00 for these services, and with
the City of Omaha providing the equivalent of$27,000.00 of in-kind services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, as recommended by the Mayor, the Agreement for Professional Services
between the City of Omaha, Public Works Department and the Omaha-Council Bluffs
Metropolitan Area Planning Agency to provide traffic counts and other information for the fiscal
year 2015 be accepted and signed.
1875htp
APPROVED AS TO FORM:
//9/2/
ITY ATTORNEY DATE
Councilmember
Adopted
(°CT 0 7 2Q.4. .7-0
zeptlity
Clerk
Approve s /a q
Mayor
°shim,NF
%, Public Works Department
u �j' cC:/1111 7 q 26 PM .y Omaha/Douglas Civic Center
��`f�d�' `� „^ October 7, 2014 to SEP14 L �4 3 1819 Farnam Street,Suite 601
o - � ''O^ Omaha,Nebraska 68183-0601
,PA ro (402)444-5220
p��rBD FED11°' CITY CLERK Fax(402)444-5248
City of Omaha 0 M 4 1-!`+• N E B R A S K" Robert G.Stubbe,P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a Professional Services Agreement between the
Omaha-Council Bluffs Metropolitan Area Planning Agency (MAPA), the City of Omaha for
MAPA's fiscal year 2015. The purpose of the Agreement is for the Public Works Department to
provide traffic counts and reports as part of an area wide transportation planning study
undertaken by MAPA.
MAPA will pay the City of Omaha $63,000.00 for the services outlined in the agreement. The
City of Omaha will in addition provide $27,000.00 of in-kind services.
The Public Works Department requests your consideration and approval of the attached
Resolution.
Respectfully submitted, Referred to City Council for Consideration:
___0 --41—# • 77- ZZ '( �� rt °I taw Icf
Robert G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved as to Funding:
21
get
qA.
sy
tephe B. Curtiss to
- ,c7 Finance Director
876htp
NO. ., g/2
Resolution by
Res. that, as recommended by the Mayor,
the Agreement for Professional Services
between the City of Omaha, Public Works
Department and the Omaha-Council Bluffs
Metropolitan Area Planning Agency to
provide traffic counts and other information
for the fiscal year 2015 be accepted and
signed,
1875Ahtp
Presented to City Council
OCT 0 7 2014
Adopted 7 O
(gofer grow
City Clerk