RES 2013-0680 - Agmt for replacement of eliminated federal highway bridge program funding I t- t-° t 4 V E Public Works Department
"• eC��a. Omaha/Douglas Civic Center
Fa"°^�' ` t 1819 Farnam Street,Suite 601
�V ff rr: ''� May 21, 2013 P5 Y ! II t I f n 14 Omaha,Nebraska 68183-0601
�A �ro (402)444-5220
Fax(402)444-5248
��rED FEBR3A CITY ,
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Cityof Omaha l4 j",�a r r�c Robert G. Stubbe,P.E.
, p',? c ;% 3
Jim Suttle,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving Supplemental Agreement No. 1 between the
City of Omaha and Nebraska Department of Roads for a change to the Highway Bridge Program
Funding (HBP), which was eliminated within federal transportation funding legislation.
The City Council approved a Purchase Agreement for federal funds by Council Resolution No.
1225 on October 18, 2011 for the purchase, at a discount, of certain federal-aid dollars currently
made available to the City.
Nebraska Department of Roads and the City of Omaha intend to replace previously programmed
HBP funded projects with other federal funding as outlined in the attached Supplemental
Agreement 1. Authorization of this agreement 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, Refer-re to City Council for Consideration:
C - 6 7- /3 "
Rob rt G. Stubbe, P.E. Date Mayor's ffic Date
Public Works Director
Approved as to Funding: Approved:
Allen Herink Date
-" Acting Finance Director
1058djr
SUPPLEMENTAL AGREEMENT NO. 1
TO THE
FEDERAL-AID TRANSPORTATION FUND
PURCHASE-SALE AGREEMENT
Nebraska Department of Roads
City of Omaha
THIS SUPPLEMENTAL AGREEMENT made and entered into by and between the State
of Nebraska, Department of Roads, hereinafter referred to as the"State," and the City of Omaha
hereinafter referred to as Local Public Agency, or"LPA."
RECITALS
WHEREAS, in 2011, LPA and the State entered into a Federal-Aid Transportation Fund
Purchase-Sale Agreement(hereinafter referred to as"the Original Agreement")that provided for
the State to purchase at a discount LPA's share of certain Surface Transportation Program
Funding (hereinafter referred to as "STP") and the Highway Bridge Program (hereinafter
referred to as"HBP")federal-aid funds that had been available to Nebraska LPAs;and,
WHEREAS, later in 2012, the federal government passed interim transportation funding
legislation which eliminated the HBP category of funds and did not provide a replacement
category of funds related solely to bridge replacement, rehabilitation and maintenance; and,
WHEREAS, the parties to this Supplemental Agreement intend to replace the HBP
funds, which will no longer be available, with other federal-aid funds in a substantially similar
proportional amount to provide LPAs with funds for bridge replacement, rehabilitation and
maintenance; and
WHEREAS, it has also become necessary for the parties to further address certain
National Bridge Inspection Standards compliance issues.
NOW, THEREFORE, in consideration of these facts, the State and the LPA agree as
follows:
SECTION 1. Except for the provisions specifically modified herein, all terms and
provisions of the Original Agreement between the State and the LPA remain in full force and
effect.
SECTION 2. Section 2 of the Original Agreement entitled "Federal Funds Eligible for
Purchase" is hereby superseded and replaced in total and shall hereafter state as follows:
This Agreement applies to the following categories of federal-aid funds: (a) STP Funds
(both for Populations less than 5,000, and Populations 5,001 to 200,000), and (b)
Federal-aid funds from sources in lieu of the former Highway Bridge Program (HBP)
funds. The new Federal Highway Authorization, enacted into law on July 6, 2012,
1
known as Moving Ahead for Progress in the 21st Century Act (MAP-21), restructured
core highway formula programs and eliminated the Highway Bridge Program.
Consequently, the State will use historic data as the basis for establishing the total
amount of funds that will be eligible for purchase (hereinafter "the Purchase Pool") for
the Bridge Funding Category under this agreement. This historic data reflects that the
HBP program averaged 10% of the total annual federal-aid funding received by State
from FHWA. This method of calculating the Bridge Funding Category will be used for
the duration of this Agreement unless a future Federal Highway Authorization re-
establishes a separate fund dedicated to the construction or reconstruction of highway
bridges. In the event that a fund similar to the former Highway Bridge Fund is re-
established by the federal government, then the original agreement language of Section
2 shall automatically be reinstated 30 days after written notice from the State and the
changes made in Sections 2 and 3 of this Supplemental Agreement will be null and void
and all previous Section 2 language will apply except the name of the new fund will be
substituted in for"Highway Bridge Program"in the Original Agreement.
SECTION 3. The references in the recitals and operative sections of the Original
Agreement to"HBP"or the"Highway Bridge Program"shall be replaced, modified or interpreted
as follows:
(a) The title of Section 3B of the Original Agreement "HBP Funds Calculation" is
hereby superseded and replaced with the title"Bridge Funding Category Calculation."
(b) The reference in paragraph one of Section 5 of the Original Agreement to "HBP
Funds" is hereby superseded and replaced with the phrase "Bridge Funds." The two
references to "HBP portions" in the third paragraph of Section 5 of the Original
Agreement are hereby superseded and replaced with the phrase "Bridge funding
portions."
(c) All other references to HBP in the Original Agreement shall have no force and
effect; however, if the context requires, the reference to HBP is hereby replaced with the
phrase "the non-STP federal-aid funds described in Section 2 of this Supplemental
Agreement."
SECTION 4. The following shall be added at the end of subsection I of Section 7, of the
Original Agreement,which Section is entitled"Bridges:"
The parties to this agreement understand that when any of Nebraska's LPAs fail to
comply with the obligations of the National Bridge Inspection Standards (NBIS), or with
Federal Highway Administration (FHWA) directive, on a bridge or bridges that are the
jurisdictional responsibility of the LPA, the State may be required to expend funds to
remedy such LPA bridge non-compliance. LPA agrees that the State may pay the costs
to comply with any NBIS non-compliance or FHWA directive from the purchase pool (off
the top) under Supplemental Section 2. Additionally, any non-compliant LPA will be
subject to any or all of the following sanctions that will continue until the costs have been
repaid in full, and LPA's bridge is, or bridges are, in full compliance with NBIS
requirements and FHWA directives:
(a) Each year LPA's share of the purchase pool will be forfeited and returned to the
pool for distribution to the other LPAs.
(b) LPA will not receive any additional federal-aid funds for existing projects to
become effective 30 days after written notice to LPA.
(c) LPA will not be allowed to program any new Federal-aid or State-aid projects,
and existing projects will not be advanced, and federal-aid reimbursements will be
suspended.
2
(d) Any State-aid Bridge, State Recreation Road, or Federal-aid funds of LPA held
by the State will be retained by the State.
IN WITNESS WHEREOF, the LPA and State hereto have caused this Supplemental
Agreement to be executed by their proper officials thereunto duly authorized as of the dates
below indicated.
EXECUTED by the LPA this AZ"-day of Yzl y , 2013.
WITNESS: City of Omaha
By
LPA Clerk /Jeiy!
i Wire/
kk I-
EXECUTED by the State this Lo day of , 2013.
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Mick Syslo, P.E.
terial Research vision Engineer
9it
DEPUTY Ci H'„ , ._v
3 AZ112 L_5tp /
RESOLUTION
SIGNING OF THE FEDERAL FUNDS PURCHASE PROGRAM
SUPPLEMENTAL AGREEMENT NO. 1
City of Omaha
Resolution No.
WHEREAS, in 2011, LPA and the State entered into a Federal-Aid Transportation Fund
Purchase-Sale Agreement(hereinafter referred to as"the Original Agreement")that provided for
the State to purchase at a discount LPA's share of certain Surface Transportation Program
Funding(hereinafter referred to as"STP")and the Highway Bridge Program(hereinafter
referred to as"HBP")federal-aid funds that had been available to Nebraska LPAs; and,
WHEREAS,later in 2012,the federal government passed interim transportation funding
legislation which eliminated the HBP category of funds and did not provide a replacement
category of funds related solely to bridge replacement, rehabilitation and maintenance; and,
WHEREAS,the parties to this Supplemental Agreement intend to replace the HBP funds,which
will no longer be available,with other federal-aid funds in a substantially similar proportional
amount to provide LPAs with funds for bridge replacement, rehabilitation and maintenance; and
WHEREAS, it has also become necessary for the parties to further address certain National
Bridge Inspection Standards compliance issues.
WHEREAS,City of Omaha and the Nebraska Department of Roads(NDOR)wish to enter into
Supplemental Agreement No. 1 setting out the necessary modifications to the Original
Agreement.
Be It Resolved: by the governing body of City of Omaha that:
Li'9 (I VJkot. is hereby authorized to sign the attached Federal Funds
Purchase Program Supplemental Agreement No. 1 between City of Omaha and the NDOR.
Adopted this day of 7'�G , 2013 at c;ytfy14 Nebraska.
(M6nth) (Year)
The governing body of City of Omaha: '/
n/i^v ged,wa 4oii
lee-letxi1w Z4 c7�.o.> e,,Z`'
.1e47o ay
Board/Council Member ay —
Moved the ado/tionn id resolution
Member c. Seconded the Motion
Roll Call: 7 Yes O No Abstained — Absent
Resolution adopted, signed and billed as adopted
Attest:
412Z '4 0 6/,,
[Signature of City or County Clerk orrporate Secretary]
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the city council approved an Agreement between the City of Omaha and the
Nebraska Department of Roads which provides for the purchase, at a discount, of certain federal-
aid dollars currently made available to the City by Council Resolution No. 1225 on October 18,
2011 ; and,
WHEREAS, subsequent to the execution of the original Agreement, the Highway Bridge
Program (HBP) category of funds was eliminated within Federal Highway Transportation
Funding Legislation; and
WHEREAS, it is the intention of Nebraska Department of Roads and the City of Omaha
to utilize other federal funds to replace the HBP funding originally programmed and is outlined
in the attached Supplemental Agreement, which by this reference is made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, as recommended by the Mayor, the Supplemental Agreement 1 for the
replacement of the eliminated Federal Highway Bridge Program funding by other federal
funding sources, as stewarded by the Nebraska Department of Roads, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the City Council hereby authorizes the Mayor and City Clerk to sign the attached
Agreement on behalf of the City of Omaha.
1057djr APPROVED AS TO FORM:
//:?
Id Y ATTOEY DATE
By4 /. .../.� .
?. lcilmember
Adopted /I MAY 2 1 200 -p
VG% ..... :.. .... ..
�� 't lerk
Approved •/ �S /3
pP
Mayor
No. 6,6
Resolution by
Res. as recommended by the Mayor,
the Supplemental Agreement 1 for the
replacement of the eliminated Federal
Highway Bridge Program funding by other
federal funding sources, as stewarded by the
Nebraska Department of Roads, 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.
1057Ad_;r-
Presented to City Council
MAY 212013
Adapted 7
gaiter grown
City Clerk