RES 2014-0586 - Agmt with NDOR for Omaha signal system phase I fiber program pMA�A NF _ I i
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City of Omaha 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 Program Agreement between the City of
Omaha and the Nebraska Department of Roads (NDOR) for the Omaha Signal System-Phase I
Fiber Program across various locations within the city, known as MAPA-5023(17), State Control
No. 22608, and Capital Improvements Program, Transportation No. 514-Traffic Control Center.
The project consists of the installation of fiber optic cables for the Omaha Signal System
network at various locations throughout the city that includes preliminary design engineering and
construction phases.
Federal funding is pledged to provide a maximum of 80% of the eligible project costs. The City
is then responsible for its 20% share, any costs determined ineligible for Federal assistance, and
associated administrative fees imposed by NDOR; the total of which is estimated at
$1,146,750.00, which will be paid from the 2010 Transportation Bond Fund 13183, Organization
117117.
Authorization of this agreement and designation of funding status by the Omaha City Council is
required by the Nebraska Department of Roads.
The Public Works Department requests your consideration and approval of the attached
Resolution.
Respectfully submitted, Referred to City Council for Consideration:
S/z) IL-
a
Robert G. Stubbe, P.E. Date Mayor's Office Datel
Public Works Director
Approved as to Funding:
//114.---4,15...
7 Step n B. Curtiss Date
Finance Director
12544.
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•
LPA PROGRAM AGREEMENT-STP FUNDS
CITY OF OMAHA, NEBRASKA
STATE OF NEBRASKA, DEPARTMENT OF ROADS
PROJECT NO.MAPA-5023(17),
STATE CONTROL NO.22608
OMAHA SIGNAL SYSTEM—PHASE 1
THIS AGREEMENT is between the City of Omaha, Nebraska,a local public agency
("LPA"),and the State of Nebraska, Department of Roads("State"), collectively referred to as
the"Parties".
WITNESSETH:
WHEREAS,certain routes in the LPA's jurisdiction have been designated as being
eligible for Surface Transportation Program(STP)Funds by the Department of Transportation,
Federal Highway Administration, hereinafter called the FHWA, in compliance with Federal laws
pertaining thereto,and
WHEREAS,STP Funds have been made available by Title 23 of the United States Code,
providing for improvements on eligible routes, and
WHEREAS,the Federal share payable on any portion of a STP 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 eligible and participating costs; and LPA will also be responsible for all other
nonparticipating or ineligible costs, and
WHEREAS, regulations for implementing the provisions of the above mentioned act
provide that the Federal share of the cost of those projects will be paid only to the State, and
WHEREAS,the regulations further permit the use of funds other than State funds in
matching Federal Funds for the improvements of those routes,and
WHEREAS,the State is willing to assist LPA to the end of obtaining Federal approval of
the proposed work and Federal Funds for the construction of the proposed improvement,with
the understanding that this project is not a State project and that no State Funds are to be
expended on this project, and
WHEREAS,the LPA has designated an available fully-qualified public employee or
elected official to act as"Responsible Charge"(RC)for the subject Federal-aid Transportation
project, and
WHEREAS,the RC will be in day-to-day responsible charge of all aspects of the project,
from planning through post-construction activities and maintain the project's eligibility for
Federal-aid Transportation project funding,and
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WHEREAS, the LPA understands that it must comply with all terms of 23 C.F.R. 635.105
in order for this Federal-aid transportation project to be eligible for Federal funding, and
WHEREAS, if the LPA is to receive Federal participation for any portion of the work on
the proposed project, it is necessary for all phases of work to comply with Federal requirements
and procedures, and
WHEREAS,the State and the LPA agree that the State, on behalf of LPA,will advertise
the project for bids, conduct a letting, make award recommendations to LPA and prepare a
construction contract for LPA's execution and use, and
WHEREAS, the State will be responsible for paying directly the LPA's construction
contractor, preliminary and construction engineering providers, and may pay directly other
services providers when specified in subsequent agreements,and
WHEREAS, the State's role is only federal funding eligibility, including providing quality
assurance to ensure FHWA on the LPAs behalf that the project is designed, constructed and
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, Federal Regulations provide that the LPA shall not profit or otherwise gain
from local property assessments that exceed the LPA's share of project costs, and
WHEREAS, the funding for the project under this agreement includes monies from the
Federal Highway Administration(FHWA). 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 project, is currently estimated to be$1,146,750.00, but
such costs may increase or decrease due to variations between the estimated and actual
project costs, and
WHEREAS,the LPA's share of the total project costs is estimated to be$211,550.00.
The LPA's share may include both in kind services and a local match. The in-kind services are
for Preliminary engineering and are estimated to be$89,000.00. LPA's local match is estimated
to be$300,550.00. The LPA has earmarked and has placed in its fiscal budget at least the
amount of the local match indicated above. These costs may increase or decrease due to
variations between the estimated and actual project costs, and
Project No. MAPA-5023(17) Page 2 of 30
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WHEREAS,the project is described as follows:
City of Omaha needs to update the infrastructure to accommodate other planned traffic
signal system upgrades. This project will place fiber in the missing portions along various
corridors and intersections per the Master Plan recommendations.
WHEREAS,the LPA desires that this project,the location of which is shown on attached
Exhibit"A", be developed and constructed under the designation of Project No. MAPA-5023(17),
tA
as evidenced by the Resolution of the LPA dated the 13 day of
Mal ,2014, 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. DEFINITIONS
For purposes of this agreement,the following definitions will apply:
"AASHTO"means American Association of State Highway and Transportation Officials.
"ADA"means the Americans with Disabilities Act.
"ASTM"means the American Society for Testing and Materials.
"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 QUALIFIED"means a person who has satisfactorily completed all applicable
State training courses and who has met the other requirements necessary to be included on the
State list of qualified LPA"Responsible Charge"(RC's).
"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.
"LPS"means the Local Projects Section at Nebraska Department of Roads, in Lincoln,
Nebraska.
"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 PUBLIC EMPLOYEE"means a public employee who meets all the
requirements and is afforded all 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
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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 a field
unrelated to any aspect of the project for which Federal-aid is sought.
"PUBLIC EMPLOYEE"for the purpose of selecting an RC for this project means a
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 from planning and development
through construction project activities, including all environmental commitments before, during
and after construction. The RC is the day-to-day project 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 project construction. 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.
"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.
"STATE REPRESENTATIVE"means an individual from the Nebraska Department of
Roads District Office assigned to the project,who will perform State's federal funding eligibility
duties under this agreement.
SECTION 2. TERM OF THE AGREEMENT(7-18-13)
This agreement begins upon the signing of the agreement by the State. The State
intends to sign the agreement after the LPA has signed. The agreement will expire upon
completion of the LPA's Federal-aid project and final financial settlement,except that any terms
of this agreement that contemplate long term activities of the LPA such as environmental,
maintenance, and operational commitments,will remain in effect as long as required by law or
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agreement. If the LPA determines that for any reason it will not continue with the development
of this project as a Federal-aid project,the LPA shall notify the State and negotiate any
necessary project termination conditions consistent with this agreement.
SECTION 3. PURPOSE OF AGREEMENT
The LPA wishes to plan,design,construct, operate,and maintain a Federal-aid
transportation project on a street, highway, road, trail or other transportation related facility
under LPA's jurisdiction. The LPA and the State understand that the Federal Highway
Administration(FHWA)will 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 under this 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 project management, planning, design,
construction, operation and maintenance. Nothing in this agreement shall be construed to
create any duty of the State to LPA concerning such matters. LPA further agrees that LPA shall
have no claim or right of action against the State under this agreement if FHWA determines that
the project is not eligible in whole or in part,for federal-aid funding. The following sections of
this agreement include the program requirements and other conditions State believes in good
faith that LPA must meet for this project to be eligible for federal funding.
LPA acknowledges that many conditions must be met for the transportation project
contemplated by this agreement to be constructed and for project costs to be reimbursed with
federal-aid funds. Those conditions include, 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.
SECTION 4. RESPONSIBLE CHARGE(RC) REQUIREMENTS
A. The LPA hereby designates Ryan Haas as the RC for this project.
B. Duties and Assurances of the LPA concerning its designated RC for this project.
1. The LPA understands the duties and responsibilities of the LPA and RC as outlined in
the LPA Guidelines Manual for Federal-Aid Projects.
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2. The LPA has authorized and fully empowered the RC to be in 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 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 LPA agrees to take all necessary actions and make 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 LPS Quality Management Manager and the LPS Project
Coordinator; after such notification the LPA shall replace the RC no later than thirty
calendar days or sooner if possible. If the designated RC must be replaced during the
letting or construction phases,the LPA shall, within one day or sooner if possible, notify
verbally and in writing the State's LPS Quality Management Manager,the LPS Project
Coordinator, and the State District Representative; after such notification,the LPA shall
replace the RC no later than ten 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 highway projects. This includes
meeting all post-construction commitments, including but not limited to environmental or
maintenance. 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.
7. Ensure that the project plans and specifications are sealed, signed and dated by a
professional licensed engineer in the State of Nebraska, and that estimates have been
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prepared and the construction has been observed by a professional engineer licensed in
the State of Nebraska or a person under direct supervision of a professional engineer
licensed in the State of Nebraska(reference Neb. Rev. Stat.§81-3445).
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, of the 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
highway project. The Federal-aid highway program provisions of 49 CFR are found
primarily in Parts 18, 19,24, 26-29, 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: htto://www.transportation.nebraska.gov/gov-
aft/Ipa-quide-man.html. In the event the LPA believes that The Manual doesn't clearly
address a particular aspect of the project work,the LPA shall seek guidance or
clarification from the State's Local Project Division Section Engineer or Project
Coordinator.
B. Work Stage Pre-approval-There are certain stages of development of this project that
will require federal approval before work on that stage may begin, unless it is a stage for
which federal-aid reimbursement will not be requested. The following is a non-exclusive
list of the most common federal-aid stages of a project:
• Preliminary design services
• NEPA services
• Final design services
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e LPA RC services
® Right-of-Way acquisition
® Utilities
e Construction
® Construction Engineering
Prior to beginning any work or incurring any expenses on a new project stage for which
reimbursement will be sought, LPA shall confirm 1) FHWA's authorization of funds for that
stage, and 2)receipt of a notice-to-proceed from NDOR for that stage.
C. 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.
D. Loss 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 stages of work, including, but not limited
to preliminary and final design, environmental studies, acquisition of Right-of-Way,
construction, and construction engineering,according to Federal procedures and
requirements. Although Federal Funds may be allocated to the project, all stages or
certain stages of work may become ineligible for Federal Funds if Federal procedures and
requirements are not met. The LPA understands and agrees that the LPA, its RC, agents,
and Contractor have the sole duty of proper development of plans and construction of the
project, in accordance with the approved plans, and that failure to properly prosecute and
construct the project in accordance with the approved plans may result in the loss of
federal funding.
SECTION 6. SUSPENSION OR TERMINATION
A.Suspension.
The State, in its sole discretion, reserves the right to suspend LPA's 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
limited 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 the project. The State
shall provide LPA with 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(3)a description of the
actions that must be taken for the State to revoke the suspension.
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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.
Failure to correct the deficiencies identified in a suspension will be grounds for the loss of
eligibility for federal funding 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 funding that 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 LPA'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 eligible
project costs for a period of one year.
(ii) LPA has not advanced the project to Right-of-Way acquisition or construction
within the time periods set out in 23 USC Section 102(b) and 23 CFR
Part 630.112(c)(2)(10 years), and 23 USC Section 108(a)(2)and 23 CFR
Part 630.112(c)(2)(20 years). (See also the FHWA Federal-Aid Policy Order
number 5020.1, dated April 26, 2011.)
(iii) LPA's designated RC has not met all RC qualification requirements for the
project by the time specified by the State.
(iv) 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.
(v) LPA either(1)informs the State that it is unwilling to use condemnation to
acquire any of the property interests needed to construct the project, or
(2)fails to complete the Right-of-Way acquisition process within the time
necessary to allow the project to have construction funds authorized within
the year planned for Federal funding obligation for construction.
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(vi) LPA has failed to cause the project to be ready for the targeted letting date by
obtaining construction funds authorization within the programmed year of the
STIP.
(vii) LPA has not included the project or project phases within the LPA's one or six
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 including
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.
(h) LPA's failure to cause the project to be constructed according to the approved
project plans and specifications.
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(60)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 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 will 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
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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 LPA 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 FHWA's February 16, 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 Highway Program)
CFDA Number: 20.205
Project Number: MAPA-5023(17)
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.
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SECTION 8. FINANCIAL RESPONSIBILITY
A. TOTAL PROJECT COSTS AND FUNDING COMMITMENTS
The total cost of the project is currently estimated to be$1,146,750.00 as set out in the
table below:
ESTIMATED PROJECT FUNDING
FFY of Federal Local Match NonparticipatingOther Total
TIP/STIP
7. PE Phase 2014
a. PE $74,000.00 $74,000.00
b. NEPA $15,000.00 $15,000.00
c. Final Design
d. RC
e. NDOR $8,000.00 $2,000.00 $10,000.00
PE Subtotal $8,000.00 $2,000.00 $89,000.00 $99,000.00
8. ROW
9. Utilities
10. Construction 2014 $740,000.00 $185,000.00 $925,000.00
11. CE Phase
a. CE $88,800.00 $22,200.00 $111,000.00
b. RC
c. NDOR $9,400.00 $2,350.00 $11,750.00
CE Total $98,200.00 $24,550.00 $122,750.00
12. TOTAL $846,200.00 $211,550.00 $1,146,750.00
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 some of the phases set out above,the LPA
must seek and obtain from the State additional Federal funding obligation by:
a Submitting a detailed cost estimate,when applicable, and receiving State's approval of
such estimate,
a Receiving notification from the State that additional Federal Funds have been
obligated,
a 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,whether they be
services,engineering, Right-of-Way, utilities, material or otherwise, are the sole responsibility of
the LPA when Federal participation is not allowable or available or if the 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 cost or expense to the State in the project or in the ineligible portion of
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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 the five(5)types listed in this section may be eligible 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,
• 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,and
• The LPA submits invoices no more frequently than monthly and in accordance with
this agreement and the LPA Reimbursement Procedures located at:
http://www.roads.ne.qov/qov-aff/Ipa-guide-man.html#forms4. The LPA is responsible
for submitting for reimbursement the total actual costs expended 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 criteria contained in Part 31 of the Federal Acquisition Regulations System
(48 CFR 31)will be applied to determine whether the costs incurred by the LPA are allowable
under this agreement, including any Professional Services agreements.
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1. LPA Project oversight costs
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 the federal-aid was approved; cost of materials consumed as part of the
project; and indirect costs,with an approved Indirect Cost Allocation Plan as outlined in
the LPA Guidelines Manual for Federal Aid Projects. If the LPA wishes to be reimbursed
for these costs,the State will request an initial Federal funding obligation of$5,000 for
this purpose, so that the LPA may commence work immediately following receipt of a
notice to proceed from the State prior to performing any work which would result in
exceeding the initial$5,000 Federal funding authorization.
If additional reimbursement is desired by the LPA,the LPA must submit a detailed
cost estimate for approval by the State. If approved,the State will request an
adjustment to the Federal funding obligation.
2. LPA provided professional services
Professional services provided by the LPA, such as preliminary engineering and
construction engineering, require execution of a Professional Services Agreement to
identify the services to be provided by the LPA and associated costs. Any Professional
Services performed prior to Federal authorization and receipt of a Notice to
Proceed will not be eligible for Federal-aid.
3. Non-betterment Utility Relocation Costs
Certain utility relocation costs incurred by the LPA may be eligible for
reimbursement from Federal-aid funds. Reimbursement of these costs require the LPA
to execute a Utility Agreement with the applicable utility using the State's template
agreement,which shall identify the services to be provided by the utility and associated
costs. Any utility work performed prior to Federal authorization and receipt of a
Notice to Proceed will not be eligible for Federal-aid.
4. Right-of-Way
Certain right-of-way costs incurred by the LPA may be eligible for reimbursement
from Federal-aid funds. Eligible ROW expenses include, but are not limited to, appraisal
fees,title research fees, ROW Consultant fees,tract acquisition costs, reasonable
relocation assistance costs, condemnation awards and Board of Appraisers'fees.
Additional expenses for condemnation proceedings or District Court Trials may be
reimbursed to the LPA on a case-by-case basis.
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If the LPA uses ROW service providers, the LPA shall execute an Agreement using
the State's template agreement,which shall include a detailed scope of services and
associated costs. Any right-of-way costs incurred prior to Federal authorization
and receipt of a Notice to Proceed will not be eligible for Federal-aid.
5. Railroad
Certain railroad costs incurred by the LPA may be eligible for reimbursement from
Federal-aid funds. Reimbursement of these costs require the LPA to execute a Railroad
Agreement with the applicable railroad using the State's template agreement,which
shall identify the services to be provided by the railroad and associated costs. Any
railroad work performed prior to Federal authorization and receipt of a Notice to
Proceed will not be eligible for Federal-aid.
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
proposal. The State shall 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. PAYMENT OF CONSTRUCTION COSTS BY THE STATE
All project contractor construction costs will be paid directly to the contractor by the
State, on behalf of the LPA. Progress invoices and final invoices shall be prepared by the RC or
Consultant using Trans*Port SiteManager Software. All progress estimates and final
estimates must be approved by the RC prior to submittal to the State Representative for funding
approval and processing of payments.
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F. STATE INCURRED COSTS
The expense incurred by State employees to perform tasks related to the development
and construction of this project may be part of the cost of the project. The LPA shall be
responsible for such costs as charged by State employees; however, these costs are eligible for
Federal-aid participation up to the maximum amounts outlined below.
The maximum amount for which Federal Funds will participate in State incurred costs are:
1. PE Phase(including ROW Design activities)
Upon execution of this agreement,the State may obligate up to a maximum of
$10,000,allocated in accordance with the table above,for State incurred PE Phase
services.
2. Construction Phase
The State will request an obligation of Federal Funds equal to 1%of the estimated
construction costs or$5,000, whichever is greater, allocated in accordance with the
table above,for Construction Phase services. The State will request an additional
obligation of Federal Funds of$2,500 for internal audit costs incurred by the State.
LPA shall be solely responsible for any State incurred costs 1)exceeding the Federal
share of the obligated funds, 2) not eligible for reimbursement for any reason, or 3)for which an
obligation is not obtained.
G. 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.
Upon award of the construction contract,the State will invoice the LPA their share of the
construction contract plus contingencies and construction engineering(includes$2,500 audit
costs), and any unbilled preliminary engineering expenses, unless other arrangement have
been agreed upon by the Parties. The LPA shall pay the State within 30 calendar days of
receipt of invoice from the State.
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H. AUDIT AND FINAL COST SETTLEMENT
Final reimbursement requests must be made within 60 days after the LPA has filed a
completed State DR Form 299 with the State. Any invoices submitted after the 60 calendar
days will be ineligible for reimbursement.
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. Refer to the SECTION 19. PROJECT COMPLETION,
ACCEPTANCE,AUDIT,AND FINAL SETTLEMENT of this agreement for additional
information.
I. PROJECT WITHDRAWAL
If the LPA withdraws the project for any reason, LPA shall(a)repay State all Federal-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.
SECTION 9. SCHEDULE
In order to retain federal funding for this project,the LPA shall cause the project to move
promptly through all project stages to meet the targeted letting date. LPA shall coordinate with
the State concerning the progress of the project and notify State of any issues that will affect the
project schedule. Failure of LPA to properly advance the project or meet project deadlines may
result in suspension or termination and loss of federal funding for this project. See SECTION 6.
SUSPENSION OR TERMINATION.
SECTION 10. PROCUREMENT OF PROFESSIONAL SERVICES
A. ENGINEERING SERVICES
The LPA shall procure engineering services providers using the Qualifications Based
Selection process set out in the LPA Guidelines Manual. Engineering services include, but are
not limited to; planning studies, preliminary engineering,environmental activities, Right-of-Way
design,construction engineering, or architectural services.
B. RIGHT-OF-WAY SERVICES
The LPA shall comply with the State's"Right-of-Way Acquisition Guide for Local Public
Agencies"and the State's"Right-of-Way Manual"for the procurement of Right-of-Way services
for property acquisition appraisals,appraisal reviews, negotiations, and relocation assistance.
SECTION 11. COORDINATING PROFESSIONAL
As required by Neb. Rev. Stat. §81-3437, if LPA's project involves more than one
licensed professional engineer or architect,the LPA shall designate a Coordinating Professional
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for this project and notify the State in writing of such designation prior to commencement of
professional services. The Coordinating Professional shall apply his or her seal and signature
and the date to the cover sheet of all documents and denote the seal as that of the Coordinating
Professional. The Coordinating Professional shall verify that all design disciplines involved in
the project are working in coordination with one another, and that any changes made to the
design are approved by the corresponding discipline. "Coordinating Professional"shall have the
meaning set out in§81-3408 of the Nebraska Engineers and Architects Regulation Act
(Neb. Rev. Stat. §81-3401 et. seq.) The Coordinating Professional shall also comply with the
provisions of the Act, including Neb. Rev. Stat. §8 1-3437(3)(g), and the implementing Rules
and Regulations,Title 110, NAC section 6.3, and when applicable, shall complete the duties of
design coordination set out in Neb. Rev. Stat. §81-3421. LPA's failure to provide written notice
to the State under this section may result in the costs of previous professional services being
declared ineligible for reimbursement or other sanctions allowed by law or both.
SECTION 12. DEVELOPMENT OF THE PROJECT
LPA shall be responsible for all stages of the development and construction of this
Federal-aid project. The stages of the LPA's project may include all or any of the following
services:environmental, design, right-of-way, utilities, railroad, and construction. Sections X-Y
of this agreement, in conjunction with the LPA Guidelines Manual,will define the responsibilities
and actions required by the LPA for each of these applicable services.
SECTION 13. ENVIRONMENTAL RESPONSIBILITY
A. NEPA
The LPA must comply with the National Environmental Policy Act(NEPA)and all
applicable federal, state and local environmental requirements because this project is federally
funded. Therefore, prior to letting the project,the LPA shall be responsible for(1)completing all
environmental reviews, (2)obtaining permits and approvals. Additionally, the LPA shall be
responsible for meeting all environmental commitments during and after the construction of the
project.
Prior to appraising property, acquiring right-of-way, or final design for the project,the
LPA shall receive approval by the State and the FHWA of one of the following: (1)Categorical
Exclusion, (2) Environmental Assessment-Finding of No Significant Impact, (3) Environmental
Impact Statement-Record of Decision.
Public involvement must be held in accordance with the State's"Pursuing Solutions
Through Public Involvement"located at:
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http://www.transportation.nebraskaoov/docs/public-involvement.pdf. When the NEPA process
requires public involvement,the LPA shall conduct necessary location or design hearings or
combined location and design public hearings. The State Local Projects, Project Coordinator is
available to assist the LPA in determining what public involvement efforts are required based
upon NEPA and public sensitivities.
B. MUNICIPAL SEPARATE STORM SEWER SYSTEM(MS4)PROGRAM
If LPA's project is within an area that is subject to the federal Storm Water Phase II
Regulatory Requirements of 40 CFR 122.34(b),then LPA must design, construct and maintain,
as a part of this project,water quality facilities as required by LPA's National Pollutant Discharge
Elimination system (NPDES)permitted Municipal Separate Storm Sewer System(MS4)
program. If the LPA does not have a NPDES permitted MS4 program,they shall follow the
NDOR MS4 program.
SECTION 14. DESIGN
A. PREPARATION OF PLANS,SPECIFICATIONS,AND ESTIMATES
The LPA will develop project plans, specifications, and estimates sufficient for a bid
letting.This work may be accomplished by the LPA or a Consultant selected by the LPA
following the process set out in SECTION 10. PROCUREMENT OF PROFESSIONAL
SERVICES. The scope of services and associated costs will be set out in a Professional
Services Agreement using the States'standard template agreement. Any work performed prior
to execution of said agreement, Federal authorization of funding, and receipt of a Notice to
Proceed will not be eligible for Federal-aid. All plans, specifications, and estimates must be
submitted to the State for review and comment for federal funding eligibility.
B. PROFESSIONAL PERFORMANCE
It is understood by the Parties that the LPA is solely responsible for the professional
performance and ability of the LPA and their Consultant(s) 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
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.
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SECTION 15. RIGHT-OF-WAY
A. OVERVIEW
Goveminc Documents
The Federal law governing acquisition and relocation on federally assisted projects is
found in 23 CFR Part 710, and Public Law 91-646, the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 as amended, commonly called the Uniform
Act(49 CFR Part 24). The LPA shall comply with 23 CFR part 710, the Uniform Act, the
State's"Right-of-Way Acquisition Guide for Local Public Agencies"and the State's
"Right-of-Way Manual".
The Uniform Act applies whenever Federal dollars are used in any phase of a project,
such as planning, engineering, environmental studies, or construction. The Uniform Act
must be followed even if there is NO Federal funding in the Right-of-Way phase. The
State's Relocation Assistance Act, Neb. Rev. Stat. §§76-214 to 76-1238 applies on all
projects.
Right-of-Wav Costs
Any eligible actual Right-of-Way costs incurred by the LPA shall be billed to the State for
reimbursement in accordance with the TOTAL PROJECT COSTS, REIMBURSEMENT AND
INVOICING section in this agreement.
B. RIGHT-OF-WAY ENCROACHMENTS
The LPA, at no cost to the project, shall clear the entire existing Right-of-Way of this
project of any private or non-LPA uses or occupancy of the area above, below, or on the
existing Right-of-Way.Also,the LPA agrees to keep the old and new Right-of-Way free of future
encroachments, except those specifically authorized by permit.
The LPA must have all encroachments cleared from the Right-of-Way before requesting
a Right-of-Way Certificate and must attest to said clearance.
C. LAND CORNERS
The LPA shall locate and reference or have located and referenced all section corners,
quarter section corners and subdivision lot corners required for construction of the proposed
project in accordance with Section 39-1708 et.seq., R.R.S. 1943 as amended.
D. SPECIAL ASSESSMENTS
Prior to initiating a special assessment on a federal aid project,the LPA shall notify the
NDOR LPS-PC of their proposed assessment. If a special assessment is levied as part of a
Federal-aid project, it shall be conducted as described in this section.
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The LPA is required to provide the four points of documentation to the LPS-PC. They
are also required to follow all the terms of the Uniform Act in the acquisition of Right-of-Way for
a Federal-aid project.
Revised NDOR Right-of-Wav Manual lanoline:
"When federal funds participate in a project, an LPA may not levy a special assessment,
solely against those property owners from whom acquisitions are made for the public
improvement,for the primary purpose of recovering the compensation paid for the real
property. This recapture of compensation would constitute a form of forced donation,
which is coercive and thus not permitted under the Uniform Act. However, an LPA may
levy an assessment to recapture funds expended for a public improvement, provided the
assessment is levied against all properties in the taxation area or in the district being
improved and provided it is consistent with applicable local ordinances."
The LPA needs to confirm there is no Uniform Act violation by documenting the
following:
• The affected property owners will be provided just compensation for their property as
required by the Federal and State Constitutions and reiterated the Uniform Act.
• The acquisition costs will be paid by the LPA and property owners made aware they
will not be assessed the cost to acquire their property needed for the project.
• The purpose of the special assessment is not to recover the acquisition costs.
• The assessment will not be arbitrarily imposed on selected property owners in the
special improvement district in response to their demand for just compensation or
that the assessment will be implemented in a way that differs from the way other like
assessments have been imposed under similar circumstances.
The project files must contain documentation affirming the above bulleted items.
SECTION 16. UTILITIES
Utility rehabilitations or installations made within the Right-of-Way on this project after
execution of this agreement must be in accordance with the provisions of Federal-aid Highway
Policy Guide, 23 CFR 645A, "Utility Relocations,Adjustments and Reimbursement", and
Federal-Aid Policy Guide,23 CFR 645B, "Accommodation of Utilities" issued by the
U.S. Department of Transportation, Federal Highway Administration,and the State's"Policy for
Accommodating Utilities on State Highway Right-of-Way." In order to receive Federal-aid for
this improvement,the LPA shall follow the current"Policy for Accommodating Utilities on State
Highway Right-of-Way"and the LPA manual. In order for the utility work to be eligible for
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Federal-aid, a utility agreement between the LPA and the Utility will need to be executed by
both parties and approved by the State. A Notice to Proceed given by the State to the LPA
must be obtained prior to beginning the utility rehabilitation or utility installation work. The
State's standard utility agreement(State Template AGR167)must be used; a copy of this
agreement can be obtained from the LPS Project Coordinator.
Local project work within a State Highway right-of-way requires an approval and a form of
a letter of authorization or a permit from the State. The LPA shall contact the State's District
Engineer or Permits Officer to determine if a permit or permits are needed for the project and to
make application for any needed permits to the LPS Coordinator.
All nonbetterment municipally owned and operated utility rehabilitation costs within the
corporate limits of the LPA will become a project cost. Outside the corporate limits,the
nonbetterment portion of utility rehabilitation costs will become a project cost for facilities
occupying private property.
Further,there will be no Federal reimbursement for private or nonmunicipally owned and
operated utilities if they are located on public Right-of-Way, however, nonbetterment costs of
privately owned and operated utilities that serve a public interest will be reimbursed if they exist
on private property and it is necessary to rehabilitate the utilities due to this project. All such
reimbursements will be based on items and estimates submitted by the utility and approved by
the LPA and the State. Should this project necessitate the nonbetterment rehabilitation of any
municipally and/or privately owned and operated utilities, the parties hereto agree to enter into a
separate agreement(State Template AGR167)to provide for the preliminary engineering,
construction and construction engineering of the nonbetterment utilities and the reimbursement
to the City by the State for the costs of the rehabilitation of municipally and/or privately owned
and operated utilities. Said agreement shall be entered into and approved prior to utility work
beginning.
SECTION 17. RAILROAD
This section has intentionally been left blank in this contract.
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SECTION 18. CONSTRUCTION
A. PLANS,SPECIFICATIONS AND ESTIMATES(PS&E)
The LPA is solely responsible for the accuracy and completeness of the PS&E package
for LPA's project. Approximately five months prior to the targeted letting date,the LPA shall
submit a complete final plans package(including, but not limited to the following documents;
100 percent plans, specifications, engineers'estimate, status of utilities, status of environmental
commitments, environmental permits, right-of-way certificate)to the State's Local Projects
Division Project Coordinator for review. The PS&E package will be reviewed by the State.The
LPA shall promptly make, or cause to be made, any necessary or requested changes and
provide all required certifications, in order for the PS&E package to be ready for advertisement
to meet the targeted date of the bid letting.
B. BID LETTING
The State, on behalf of the LPA,will provide the State's standard notice to bidders and
will conduct a bid letting for LPA's federal-aid project following the State's bid letting and award
procedures. The State will recommend,for LPA's review and approval,the apparent low bidder
for the project,except when the State rejects all bids. The LPA must provide a resolution
concurring with the selection of the low bidder before the State issues the contract for execution.
LPA shall sign the construction contract with the selected contractor and will issue all applicable
purchasing agent appointments and tax exempt certificates for this project.
C. CONSTRUCTION AND CONSTRUCTION ENGINEERING
The LPA agrees to cause the project to be constructed in compliance with the approved
PS&E package, State approved change orders, and applicable rules, regulations and statues.
The construction of this project will require a)the services of the RC as LPA's representative,
b)construction oversight by a licensed professional engineer(see Neb. Rev. Stat. §81-3445),
and c)a State Representative from the District whose review of the project's construction will
relate solely to the eligibility of the project for federal funding.
Trans*Port SiteManager shall be used as the construction record-keeping system for
construction and construction engineering services for this project. The RC and construction
Consultants must complete the State's training in the use of Trans*Port SiteManager software.
The LPA will be solely responsible for all construction engineering on this project. The
construction engineering is an eligible project expense and includes, but is not limited to;
construction management,staking, inspection and field testing. This work may be
accomplished by the LPA, or a Consultant selected by the LPA,following the process set out in
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SECTION 10. PROCUREMENT OF PROFESSIONAL SERVICES. The scope of services and
associated costs will be set out in a Professional Services Agreement using the State's standard
template agreement. Construction engineering services will not be eligible for Federal funding if
performed prior to: 1)execution of said agreement,2)Federal authorization of funding, and
3)receipt of a written Notice to Proceed.
SECTION 19. PROJECT COMPLETION,ACCEPTANCE.AUDIT,AND FINAL SETTLEMENT
A.TENTATIVE FINAL ACCEPTANCE
Consultant or LPA providing the construction engineering shall notify the RC in writing
when all contract work is complete and ready for inspection. RC shall,within one week, inspect
the work for conformance with the construction contract. Within one week of acceptance of the
work by the LPA,the LPA shall issue a Tentative Final Acceptance letter to the Contractor, with
a copy to the State, advising them that all contract work has been tentatively accepted.
B. DR FORM 91 —NOTIFICATION OF CONTRACT COMPLETION
Upon receipt by the State of the LPA's Tentative Final Acceptance letter to the
Contractor,the State's District Engineer will prepare and distribute a DR Form 91. Consultant
or LPA providing construction engineering services may only incur expenses for up to 45 days
following the construction completion date sited on the DR Form 91 or the Tentative Final
Acceptance letter.
C. DR Form 299—Project Construction Conformity Certification
When the project final records are ready to be submitted to the State for approval, LPA
and,when applicable, LPA's Consultant shall certify project construction conformity by signing
the DR Form 299. The LPA shall submit the DR Form 299, one set of As-Built Plans(per the
Nebraska Department of Roads Construction Manual)and all final records to the State
Representative.
The State Representative assigned to the project will then conduct a final review of the
project and determine whether the project meets federal program requirements. If the State
Representative determines the project meets federal requirements,the State Representative
will submit the DR Form 299,the final records, and one set of As-Built Plans to the State
Construction Division—Final Review Section. If the State Representative determines the
project does not meet federal program requirements,the State Representative will notify the
LPA's RC in writing of what must be done to bring the project into compliance.
The State Construction Division—Final Review Section will review and approve the
finals package,and when approved,will sign the DR Form 299 and distribute it to the NDOR
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Controller Division, to provide notification of project closeout and to request final payment to the
Contractor.
D. Audit and Final Settlement with LPA
If deemed necessary,an audit will 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 will 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 bill 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 will reimburse the LPA for the difference.
SECTION 20. CHANGES TO LPA ROUTES(710-403?)
The project facility must be used by the LPA for the purposes for which this project was
developed. LPA shall submit to the State,for review and approval, any proposed changes to
the LPA routes which affect the function or operation of the project facility either during
construction or after the project is completed. Requests for changes during project construction
must be made to the State Representative who will then forward it to the Local Projects Division
Project Coordinator for final approval.
SECTION 21. MAINTENANCE AND ENVIRONMENTAL COMMITMENTS
Upon project completion,the LPA shall maintain the constructed improvements and
continue to meet environmental commitments at its own expense, and agrees to make
provisions each year for such costs.The LPA will release and hold harmless the State and
FHWA from any suits brought against the State arising out of the LPA's construction,operation,
and maintenance of or related to the project.
SECTION 22. INDEMNITY
The LPA agrees to hold harmless, indemnify, and defend the State and FHWA against all
liability, loss,damage,or expense, including reasonable attorney's fees and expert fees,that
the State and/or FHWA may suffer as a result of claims,demands, costs, or judgments arising
out of LPA's project and the terms of this agreement.
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SECTION 23. TRAFFIC CONTROL
The LPA shall be responsible for all traffic control along the project, and on project related
detours, before, during and after construction. Traffic control must conform to the current
adopted Manual on Uniform Traffic Control Devices. By requesting financial settlement of the
project the LPA certifies that all traffic control devices on the finished project have been properly
completed or installed.
SECTION 24. CONFLICT OF INTEREST LAWS
The LPA shall review the Conflict of Interest provisions of 23 CFR 1.33 and 49 CFR
18.36(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 funding. 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
TRANSPORTATION PROJECTS located on the State website at the following location:
http://www.roads.ne.gov/qov-aff/Ipa/chapter-forms/coi/coi-q u idance-doc-Ipa.pdf
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: http://www.roads.ne.gov/qov-aff/Ipa/chapter-forms/coi/coi-disclosure-doc-Ipa.pdf
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 Subconsultants 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,
personal,or other interest with Consultant or Subconsultant having a real or potential conflict of
interest on an LPA federal-aid transportation project.
SECTION 25. DRUG FREE WORKPLACE
The LPA shall have an acceptable and current drug-free workplace policy on file with the
State.
SECTION 26. RECORDS RESPONSIBILITY
The LPA shall maintain all correspondence,files, books, documents, papers,field notes,
quantity tickets, 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 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 or any authorized representatives
Project No. MAPA-5023(17) Page 26 of 30
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of the Federal government, and the LPA shall furnish copies to those mentioned in this section
when requested to do so.
SECTION 27. 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 to 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"Contractor" in this section also means the"LPA".
SECTION 28. 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.
SECTION 29. 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 requiring 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 30. DISADVANTAGED BUSINESS ENTERPRISES(DBE)
A. Policy
The LPA shall ensure that disadvantaged business enterprises as defined in 49 CFR
Part 26 shall have the maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal Funds under this agreement. Consequently,the 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
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
Project No. MAPA-5023(17) Page 27 of 30
Control No.22608
Omaha Signal System—Phase I
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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 31. 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,
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,""B,"and"C"of Part 21 of the Regulations.
(3) Solicitations for Subcontracts. Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the LPA for work to be
performed under a subcontract, including procurements of materials or equipment, each
potential subcontractor or supplier shall be notified by the LPA of the LPA's obligations
under this agreement and the Regulations relative to nondiscrimination on the basis of
disability, race, color,sex, religion or national origin.
(4) Information and Reports: The LPA shall provide all information and reports required by
the Regulations,or orders and instructions issued pursuant thereto,and will permit
access to its books, records, accounts, other sources of information, and its facilities as
may be determined by the State or the FHWA to be pertinent to ascertain compliance with
Project No. MAPA-5023(17) Page 28 of 30
Control No.22608
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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 of the LPA's noncompliance with the
nondiscrimination provisions of 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 complies,
and/or
(b) Cancellation,termination or suspension of this agreement, in whole or in part.
(6) Incorporation of Provisions: The LPA shall include the provisions of paragraphs(1)
through(6) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, order, or instructions issued pursuant
thereto. The LPA shall take such action with respect to any subcontract or procurement
as the State or the FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however,that, in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or supplier as a result of
such direction, the LPA 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 32. 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 33. HOME RULE CHARTER
The State and LPA agree that:
(a) Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer
or employee of the LPA will have a financial interest,direct or indirect, in any LPA contract. Any
violation of this section with the knowledge of the person or corporation contracting with the LPA
will render the contract or agreement voidable by the Mayor or Council.
Project No. MAPA-5023(17) Page 29 of 30
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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. ,�'j
EXECUTED by the LPA this / day of 7/ , 2014.
WITNESS: CITY OF OVA
Buster Brown Jean Stothert
rf
L C erk Mayor
EXECUTED by the State this day of , 2014.
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Mick Syslo, P.E.
Materials&Research Engineer
coding
r ! t'e
DEPUTY CM;ATTORNEY
Project No. MAPA-5023(17) Page 30 of 30
Control No. 22608
Omaha Signal System—Phase I
AGREEMENT# BM1401
City of Omaha - DR-53
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha desires to utilize Federal Surface Transportation Funds
for the Omaha Signal System-Phase I Fiber Program across various locations within the city,
known as MAPA-5023(17), State Control No. 22608, and Capital Improvements Program,
Transportation No. 514-Traffic Control Center; and,
WHEREAS, the Nebraska department of Roads has agreed to steward these funds as
required by the Federal Highway Administration, according to the attached Program Agreement,
which by this reference becomes a part hereof; and,
WHEREAS, the City's local funding cost share for this project is estimated to be
$1,146,750.00, which will be paid from the 2010 Transportation Bond Fund 13183, Organization
117117; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, as recommended by the Mayor, the Program Agreement between the City of
Omaha and the Nebraska Department of Roads for Omaha Signal System-Phase I Fiber Program
across various locations within the city, known as MAPA-5023(17), State Control No. 22608,
and Capital Improvements Program, Transportation No. 514-Traffic Control Center, with the
City's share of the project cost, estimated to be $1,146,750.00, which will be paid from the 2010
Transportation Bond Fund 13183, Organization 117117, is hereby approved.
BE IT FURTER RESOLVED:
THAT, the City Council hereby authorizes the Mayor and City Clerk to sign the attached
Agreement on behalf of the City of Omaha.
1253djr
APPROVED AS TO FORM:
CITY ATTORNEY DATE
By
Councilmember
Adopted 'Y 1 3 2014
City Clerk 5 i/5//f1
dd,�-Approve - �Z�'�' ///
Mayor
/4. ,.
NO. z 516-
Resolution by
Res. that, as recommended by the Mayor, the
Program Agreement between the City of
Omaha and the Nebraska Department of
Roads for Omaha Signal System-Phase I
Fiber Program across various locations within
the city, known as MAPA-5023(17), State
Control No. 22608, and Capital
Improvements Program, Transportation No.
514-Traffic Control Center, with the City's
share of the project cost, estimated to be
$1,146,750.00, which will be paid from the
2010 Transportation Bond Fund 13183,
Organization 117117, 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.
1253Adjr
Presented to City Council
MAY 1 3 2014
Adopted
/aster grown
City Clerk