Loading...
RES 2012-0806 - Agmt with NDOR for OPW 51563, improving Hwy US 275 Stockyards ei I • Y .. ,utAAHA,N.,. r r l ��� �, � ,�, 1 Public Works Department 4tr3 r �e r n " Omaha/Douglas Civic Center ® .�� ¢: � June 19 2012 {� y °. 1819 Farnam Street,Suite 601 o ' ?�'� � W Omaha,Nebraska 68183-0601 �'0 �ry (402)444-5220 44 FEBRvI.* r f �!' d 6 IT Fax(402)444-5248 City of Omaha `;0MA 9 , REBRA.S10Robert G.Stubbe,P.E. Jim Suttle,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 Improving Highway US-275 - Stockyards, which involves.the improvements_to the bridge and approaches over the Union Pacific Railroad and the former Omaha Stockyards, located,between Dahlman Avenue and the Kennedy Expressway. The project also involves construction of new sidewalks, lighting, and railings, as identified in the attached Agreement. This Program Agreement would replace the previous agreement which was approved by the City Council by Resolution No. 1374 on October 7, 2008. This project is identified as NH-275- 7(180), State Control No. 21853, OPW 51563, and 2012-2017 Capital Improvements Program Transportation Project 116. Federal funding is pledged to cover 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 $2,449,930.68 which will be paid from the 2006 Transportation Bond Fund 13182, 2011 Issue Transportation Bond Organization 117116. 1 The Public Works Department requests your consideration and approval of the attached Resolution and Program Agreement. Respectfully submitted, This action has been reviewed and found to be in conformance with the Master Plan. 6 --7-/ i 2 Robert G. Stu6-704,,,./V P.E. Date R.E. Cunnin am, ." , F. Date Public Works Director Planning Director Approved as to Funding: Referred to City Council for Consideration: e53j*'.-2.------ ' 6 --P-4 , Wa 11;44.- cLor-le. rD b IS /12., Pam Spaccarotella Date Mayor's Office Date �-.3) Finance Director 1478htp ov & E A 111 PRELIMINARY PLAT 70v I GATE 1 Ae^O°Nf 00000.^04 �M/ 0L++R++ - 1OLSSON O m b Eli ONE LOVE FIRST ADDITION ASSOCIATES gl 11§ 72ND STREET AND DODGE STREET — _ ,,,kwru '"'40 .A.ama,�.w, ... w�OMAHA,NEBRASKA • 12012 ' 'REVISIONS F AGREEMENT PROJECT NO. NH-275-7(180) CONTROL NO. 21853 CITY OF OMAHA STATE OF NEBRASKA, DEPARTMENT OF ROADS IMPROVING HIGHWAY US-275— STOCKYARDS, OMAHA THIS AGREEMENT made and entered into by and between the City of Omaha, a municipal corporation of the State of Nebraska, hereinafter referred to as the "City," and the State of Nebraska, Department of Roads, hereinafter referred to as the "State." WITNESSETH: WHEREAS, it is the desire of the parties that a portion of Highway US-275 be improved at the location as shown in Exhibit "A"which is attached and hereby made a part of this agreement, and WHEREAS, an Original Agreement (XL0925) was previously executed between the City on October 9, 2008 and the State on April 15, 2009, and WHEREAS, it has become necessary to update the terms of the agreement and financial participation, and WHEREAS, this agreement will supersede the Original Agreement (XL0925), and WHEREAS, said improvement is located within the designated urban area of Omaha, Nebraska, and funds administered by the State, hereinafter known as "State Funds," have been made available for the construction of improvements such as this, and WHEREAS, Federal Regulations provide that the City shall not profit or otherwise gain from local property assessments that exceed the City's share of project costs, and WHEREAS, it is the further desire of the City that the proposed urban construction be included in a project under the designation of NH-275-7(180), as evidenced by the Resolution of the City Council dated the Ni day of .jLLtJS , 2012, identified as Exhibit "B", which is attached hereto, and hereby made a part of this agreement, and WHEREAS, the description of the project is as follows: This project will consist of replacing the deck on the bridge over the Union Pacific Railroad and the former Omaha Stockyards, beginning east of the Dahlman Avenue intersection, and ending at the west terminal of the Kennedy Expressway. In addition to new decking, the project includes construction of new bridge approaches, sidewalks, lighting, new bridge and pedestrian rails and repair of bridge expansion devices, girders and piers. Approximately 175 feet of new pavement, including turn lane reconstruction, will be built from Dahlman Avenue to the west approach. XL1237 Wa 11;44.- cLor-le. rD b IS /12., Pam Spaccarotella Date Mayor's Office Date �-.3) Finance Director 1478htp ov & E A 111 PRELIMINARY PLAT 70v I GATE 1 Ae^O°Nf 00000.^04 �M/ 0L++R++ - 1OLSSON O m b Eli ONE LOVE FIRST ADDITION ASSOCIATES gl 11§ 72ND STREET AND DODGE STREET — _ ,,,kwru '"'40 .A.ama,�.w, ... w�OMAHA,NEBRASKA • 12012 ' 'REVISIONS • NOW THEREFORE, in consideration of these facts and the mutual promises of the parties hereto, it is hereby agreed that the construction or reconstruction of the aforesaid highway between construction limits described in Exhibit "A" shall be accomplished according to and in the manner provided by plans and specifications to be prepared by the State, which are by this reference, made a part of this agreement. And the parties agree further as follows: SECTION 1. The City agrees for the portion of the project within its corporate limits: (a) To pass and enforce an ordinance as required effecting the following restrictions within the project limits: No parking allowed on Highway US-275. (b) To prohibit business establishments being located in such a way that vehicles being served will be required to stand on said public highway right of way. (c) To require that all future entrances from private property to the public right of way within the limits of this project receive prior approval of the Director or his authorized representative. (d) To clear, at no cost to the State, the present right of way of this project of all advertising signs. The City also agrees, at no cost to the State, to clear any other privately owned facility or thing that may interfere with the construction, maintenance and operation of the improvement planned in this project, and to keep the old and new right of way free of future encroachments, except those authorized by permit from the City and approved by the State and Federal Highway Administration. (e) If the City performs any part of the work on this project itself, the City agrees to abide by the provisions of the Nebraska Fair Employment Practices Act as provided by Neb.Rev.Stat. §48-1101 through 48-1126, and all regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49 CFR, Parts 21 and 27 as set forth in Exhibit "C" attached hereto and hereby made a part of this agreement. The reference to "Contractor" in this exhibit shall mean the "City." (f) DISADVANTAGED BUSINESS ENTERPRISES (1) Policy The City and State further agree to 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, Project No. NH-275-7(180) - 2 - Control No. 21853 City of Omaha 70v I GATE 1 Ae^O°Nf 00000.^04 �M/ 0L++R++ - 1OLSSON O m b Eli ONE LOVE FIRST ADDITION ASSOCIATES gl 11§ 72ND STREET AND DODGE STREET — _ ,,,kwru '"'40 .A.ama,�.w, ... w�OMAHA,NEBRASKA • 12012 ' 'REVISIONS the disadvantaged business requirements of 49 CFR Part 26 are hereby made a part of and incorporated by this reference into this agreement. (2) Disadvantaged Business Enterprises Obligation The City and State further agree to ensure that disadvantaged business enterprises as defined in 49 CFR Part 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 City 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 City shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of FHWA assisted contracts. The City acting as a subrecipient of Federal-aid funds on this project agrees to adopt the disadvantaged business enterprise program of the State for the Federal-aid contracts the City enters into on this project. On any work performed by the City, failure of the City 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. (g) Any changes in the roadway geometrics, either during project construction or after the project is completed, including but not limited to access control, driveways, median breaks, parking restrictions or any other traffic control items shall require prior approval of the State with Federal Highway Administration concurrence. (h) To provide, where the proposed construction involves a change in the grades established by City ordinance, that an amendment to said ordinance be passed, reestablishing said grades as shown in the plans without cost to the State. SECTION 2. It is agreed and understood by the parties hereto that Federal-Aid Policy Guide, 23 CFR 645A, "Utility Relocations, Adjustments and Reimbursement", and Federal-Aid Policy Guide, 23 CFR 645B, "Accommodation of Utilities" issued by the U.S. Department of Project No. NH-275-7(180) - 3 - Control No. 21853 City of Omaha rticipate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, Project No. NH-275-7(180) - 2 - Control No. 21853 City of Omaha 70v I GATE 1 Ae^O°Nf 00000.^04 �M/ 0L++R++ - 1OLSSON O m b Eli ONE LOVE FIRST ADDITION ASSOCIATES gl 11§ 72ND STREET AND DODGE STREET — _ ,,,kwru '"'40 .A.ama,�.w, ... w�OMAHA,NEBRASKA • 12012 ' 'REVISIONS Transportation, Federal Highway Administration, as supplemented, revised or updated heretofore, is hereby expressly made a part of and incorporated into this agreement by this reference. By signing this agreement, the City agrees to adopt, on the improvement contemplated in this agreement the Nebraska Department of Roads' Policy for Accommodating Utilities on State Highway Right of Way issued by the State August, 1998, and its subsequent revisions or additions. The City further agrees: (a) To comply with Neb.Rev.Stat. §39-1361, and the rules and regulations of the Department of Roads before making or allowing to be made, any utility excavation, pavement cuts or performing other activity upon said highway, and shall be responsible to see that all such work is performed according to the rules and regulations of, and by authority of a permit granted by the Department of Roads of the State of Nebraska. (b) To furnish or cause to be furnished all of the labor, tools, equipment and materials for the rehabilitation of its municipally owned utilities as made necessary by the construction of this project. (c) To prepare and submit to the State upon receipt of preliminary construction plans for this project a plan and estimate detailing anticipated location and nonbetterment costs for the rehabilitation of all municipally owned utilities as made necessary by this project. It is mutually understood that all nonbetterment municipal utility rehabilitation costs within the corporate limits of the City will become a project cost, but that outside said City limits only the nonbetterment portion of the rehabilitation costs of facilities currently occupying private right of way will be reimbursed. The cost of nonbetterment rehabilitation of municipally owned and operated utilities within the corporate limits is currently unknown. Should this project necessitate the nonbetterment rehabilitation of any municipally owned and operated utilities, the parties hereto agree to enter into an agreement to provide for the design and construction of the nonbetterment utilities and the reimbursement to the City for the State's share of the costs of the rehabilitation of municipally owned and operated utilities. Said agreement shall be entered into prior to utility work beginning. Project No. NH-275-7(180) -4 - Control No. 21853 City of Omaha ontracts financed in whole or in part with Federal funds under this agreement. Consequently, Project No. NH-275-7(180) - 2 - Control No. 21853 City of Omaha 70v I GATE 1 Ae^O°Nf 00000.^04 �M/ 0L++R++ - 1OLSSON O m b Eli ONE LOVE FIRST ADDITION ASSOCIATES gl 11§ 72ND STREET AND DODGE STREET — _ ,,,kwru '"'40 .A.ama,�.w, ... w�OMAHA,NEBRASKA • 12012 ' 'REVISIONS • SECTION 3. The City and State agree the City's project funding share will be as follows: a. The City's funding share will be 20% of the preliminary engineering, right-of-way, utility, construction and construction engineering costs to replace the deck on the bridge over the Union Pacific Railroad/Stockyards ending at the west terminal of the Kennedy Expressway. The City Cost Share is currently estimated to be $2,449,930.68. Both parties recognize this is a preliminary estimate and the final cost may well be higher or lower. Costs incurred by the State with respect to the entire project shall be considered as a part of the total cost of the project to be paid out of City and State/Federal funds. The State may, at its discretion, invoice the City for costs incurred by the State prior to letting and during the progression of the project. Upon award of a construction contract the State will invoice the City for the unbilled right-of-way, utility, and preliminary engineering costs; and for 25% of their share of the construction and construction engineering costs based upon the contractor's awarded unit prices 60 days prior to the construction begin date. During construction of the project, the City will be billed monthly for 20% of each monthly contractor progress payments and associated construction engineering costs. The 25% advanced payment of the construction and construction engineering costs shall not be figured as compensation for these monthly payments until 80% of the contractor's work has been accomplished. Upon 80% completion of the contractor's work, the 25% advanced payment will be applied toward any outstanding balance due; $10,000 will be retained until project completion. The City agrees to pay the State within 30 days after receipt of an invoice from the State. The final settlement between the State and the City will be made following final audits and when the final costs have been determined by the State. b. The City and State agree the final City Cost Share shall be determined in accordance to the terms and conditions set forth as follows: (1) Preliminary Engineering: The City's preliminary engineering cost share is 20% of the project's total preliminary engineering cost. (2) Right-of-Way: The State will determine what additional right-of-way necessary to construct the project is a project cost. (3) Utilities: The State will determine what utility work is eligible to be a project cost. (4) Construction: The City's share of the construction costs shall be determined by the State from bid prices and plan quantities, and any construction credits or additional charges due. Construction credits or additional charges due will be Project No. NH-275-7(180) - 5 - Control No. 21853 City of Omaha made via change orders, changed quantities and plan revisions, hereinafter collectively referred to as "Changes". The State will have sole authority to allow any Change required for construction of this project. When a Change is ordered or approved by the State, the City's share of the cost shall be adjusted in an amount equal to the City's cost share percentage of the additional costs or savings that result from said Change. Prior to the issuing of a Change, the State will notify the City of any change in participation. (5) Construction Engineering: The City's construction engineering cost share will be 20% of the project's total construction engineering cost. SECTION 4. The Federal share of this project shall be reduced by any project specific local property assessments that exceed the appropriate local share on this project. This is subject to State review. SECTION 5. The City agrees that it will, without any cost to the State, provide and pay for the electrical energy for all of the luminaires of the roadway lighting system which may be constructed as a part of this project, including the electrical energy which may be required during the construction period of the project for lamp stabilization, luminaire adjustment, and system testing. Electrical energy shall be provided for dusk to dawn lighting, and the lighting level shall be uniform and constant through the hours of darkness. The City shall not knowingly permit any of the luminaires to remain inoperative for any unreasonable length of time. The City shall also provide all required maintenance for the said lighting system at no expense to the State. Such required maintenance will include but not be limited to the repair or replacement of all defective and burned out lamps as may be discovered or reported or as may be revealed by at least monthly routine maintenance patrols, the routine cleaning of luminaires annually and also for repair or replacement of any part of the roadway lighting system which might be necessary as a result of material deterioration, pole knockdown, mechanical or electrical failure. In the event any part of the lighting system is damaged, the City will be responsible for furnishing replacements for any equipment which is so damaged and will furnish all labor and other material necessary and will complete the repairs at no cost to the State. It is further understood that the City shall be entitled to all damages collected from any wrongdoer who may have put the City to the expense of having to repair the damaged lighting installation. Parts furnished by the City for the repair or maintenance of the lighting systems will be those parts shown in the approved plans or an approved equal as determined by the State. Project No. NH-275-7(180) - 6 - Control No. 21853 • City of Omaha ntrol No. 21853 City of Omaha SECTION 6. The State hereby grants to the City a permit to use State highway right of way in the vicinity where such roadway lighting and traffic signals will be constructed, for ingress and egress for the purpose of operating, repairing and maintaining the said roadway lighting and traffic signals in accordance with this agreement. All traffic control devices will conform to the latest approved edition of the Manual on Uniform Traffic Control Devices and the Nebraska Supplement thereto. If the City is to perform or contract for any work, they will develop a traffic control plan. It will be the City's responsibility for the operation and maintenance of the traffic control plan. The City further agrees to comply with all traffic safety regulations, including those prescribed in the latest approved edition of the Manual of Uniform Traffic Control Devices and to use caution when working in the State right of way and provide appropriate traffic control to direct traffic. SECTION 7. Temporary ROW easements will be needed for construction access. Permanent easements may be required for long term access. The "L" Street frontage road may be partially blocked at times; thus a temporary access drive is proposed for Gunderson Rail service south of the project from Babe Gomez Avenue. SECTION 8. It is hereby agreed that plans and specifications for the above mentioned project will be on file in the office of the Department of Roads, Lincoln, Nebraska. SECTION 9. The City and State will fully cooperate to cause the removal from public right of way, or correction or alteration in the public right of way, as necessary for the construction of the aforesaid project, of all pipe lines, poles or other underground or overhead services not owned by the City and are located within the corporate limits. SECTION 10. The State hereby agrees: (a) To prepare and convey to the City, prior to construction, plans for the proposed subject project. (b) To advertise and conduct a letting and receive bids on the contemplated improvement. The City agrees that the State will award the contract to the lowest responsible bidder and that said contract shall be signed only by the State. (c) To supervise and cause completion of the construction of the improvement as shown in the plans. (d) To acquire all additional right of way and do all things, in pursuance of the aforesaid project, not specifically assumed by the City. Project No. NH-275-7(180) - 7 - Control No. 21853 City of Omaha Parts furnished by the City for the repair or maintenance of the lighting systems will be those parts shown in the approved plans or an approved equal as determined by the State. Project No. NH-275-7(180) - 6 - Control No. 21853 • City of Omaha ntrol No. 21853 City of Omaha • (e) To reimburse the City for the nonbetterment rehabilitation of municipally owned utility facilities as provided in Section 2(c). (f) Two-way traffic will be maintained by redecking and repairing the bridge half at a time. SECTION 11. The parties hereto agree that the State shall make sole determination as to the scheduling of the construction for this project. SECTION 12. The parties agree that Original Agreement (XL0925) is void in total and superseded by this agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. s?' EXECUTED by the City this al/ day of , 2012. ATTEST: CITY OF OMAHA City erk j ayor APPROVED AS TO FORM: C\ZOZeke-, DEPUTY CITY ATE OR,I Y EXECUTED by the State this Zn day of U� , 2012. STATE OF NEBRASKA DEPARTMENT OF ROADS James J. Knott, P.E. Road -y D-sign =ngineer RECOMMENDED: Timothy W. Weander, P.E. District 2 E • neer AGRC7-NP Project No. NH-275-7(180) - 8 - Control No. 21853 City of Omaha XL12 3 7 that plans and specifications for the above mentioned project will be on file in the office of the Department of Roads, Lincoln, Nebraska. SECTION 9. The City and State will fully cooperate to cause the removal from public right of way, or correction or alteration in the public right of way, as necessary for the construction of the aforesaid project, of all pipe lines, poles or other underground or overhead services not owned by the City and are located within the corporate limits. SECTION 10. The State hereby agrees: (a) To prepare and convey to the City, prior to construction, plans for the proposed subject project. (b) To advertise and conduct a letting and receive bids on the contemplated improvement. The City agrees that the State will award the contract to the lowest responsible bidder and that said contract shall be signed only by the State. (c) To supervise and cause completion of the construction of the improvement as shown in the plans. (d) To acquire all additional right of way and do all things, in pursuance of the aforesaid project, not specifically assumed by the City. Project No. NH-275-7(180) - 7 - Control No. 21853 City of Omaha Parts furnished by the City for the repair or maintenance of the lighting systems will be those parts shown in the approved plans or an approved equal as determined by the State. Project No. NH-275-7(180) - 6 - Control No. 21853 • City of Omaha ntrol No. 21853 City of Omaha OMAHA DOUGLAS COUNTY NEBRASKA N H St "�� H St H St \ W 1 St ISt yr 1St � ` , m x $_ S• I J St �v N J St N 3 h fi a 2 w � � M M M M K' K St J ui h1 "I/ — a. • \.,, 1 92 l , lii �d1,o<d Bo A I + N St .'i Orchard Ave Goq�2 v 0 St t in to N P St h PROJECT LOCATION I Ur 5026 4 I 3 0 St n to 8 9 M S tii R St ti5 ej = c .o Cemetery Rd 'n -S St '`� Nq c m in i in T 57 I T St o f a I � T in InM ��@ • 275-7(180 ) C.N. 21853 • EXHIBIT .', James J. Knott, P.E. Road -y D-sign =ngineer RECOMMENDED: Timothy W. Weander, P.E. District 2 E • neer AGRC7-NP Project No. NH-275-7(180) - 8 - Control No. 21853 City of Omaha XL12 3 7 that plans and specifications for the above mentioned project will be on file in the office of the Department of Roads, Lincoln, Nebraska. SECTION 9. The City and State will fully cooperate to cause the removal from public right of way, or correction or alteration in the public right of way, as necessary for the construction of the aforesaid project, of all pipe lines, poles or other underground or overhead services not owned by the City and are located within the corporate limits. SECTION 10. The State hereby agrees: (a) To prepare and convey to the City, prior to construction, plans for the proposed subject project. (b) To advertise and conduct a letting and receive bids on the contemplated improvement. The City agrees that the State will award the contract to the lowest responsible bidder and that said contract shall be signed only by the State. (c) To supervise and cause completion of the construction of the improvement as shown in the plans. (d) To acquire all additional right of way and do all things, in pursuance of the aforesaid project, not specifically assumed by the City. Project No. NH-275-7(180) - 7 - Control No. 21853 City of Omaha Parts furnished by the City for the repair or maintenance of the lighting systems will be those parts shown in the approved plans or an approved equal as determined by the State. Project No. NH-275-7(180) - 6 - Control No. 21853 • City of Omaha ntrol No. 21853 City of Omaha NONDISCRIMINATION CLAUSES During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor"), agrees as follows: (1) Compliance with Regulations: The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Parts 21 and 27, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the basis of disability, race, color, sex, religion or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix "A," "B," and "C" of Part 21 of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of disability, race, color, sex, religion or national origin. (4) Information and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. EXHIBIT "C" C 25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED'BY THE CITY COUNCIL OF THE CITY OF OMAHA: 4 WHEREAS, a Program Agreement with the Nebraska Department of Roads`(NDOR)'for the Improving Highway US-275-Stockyards project, being the improvements to the bridge and approaches over the Union Pacific Railroad and the former Omaha Stockyards, located between Dahlman Avenue and the Kennedy Expressway, known as NH-275-7(180), State Control No. 21853, OPW 51563, and 2012-2017 Capital Improvements Program Transportation Project 116, was approved by the City Council by Resolution No. 1374 on October 7, 2008; and, WHEREAS, this agreement is to be replaced by the attached Agreement, which by this reference becomes a part hereof, for this project to move forward in accordance with new requirements for Federal funding to be applied to the cost of the project; and, WHEREAS, the City's local funding cost share for this project is currently estimated to be $2,449,930.68 which will be paid from the 2006 Transportation Bond Fund 13182, 2011 Issue Transportation Bond Organization 117116. 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 Project NH-275-7(180), State Control No. 21853, OPW 51563, and 2012-2017 Capital Improvements Program.Transportation Project 116, being Improving Highway US-275-Stockyards, being bridge improvements located between Dahlman Avenue and the Kennedy Expressway, with the City's share of the project cost, estimated to be $2,449,930.68 to be paid from the 2006 Transportation Bond Fund 13182, 2011 Issue Transportation Bond Organization 117116, 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. 1477htp APPROVED AS TO FORM: DEPUTY CITY ATTORNEY DATE Exhibit"B" • By .. °,/-1?'t,441 ou cilmember Adopted .N..1"..9..2.012....- 7-D ity Clerk 4 / � opor; Approved Mayor ions, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. EXHIBIT "C" �. o b w` • • NN O A OO - A) N CD W CD N �-. 0-` 0-t . .. 0 .0 `< Z CD n CD 0r O CD ,_, J •b 00 O CD 0 G� CD go C4 ••, . 0 0..• 0 o cn •" (A.0 R. _ a. / › cD ¢. et o cR v o a P p s '� 0 CD N LA.) •-, 0 •"• 0-• .-) •--, %. ' \ • v n C a' nAD '"' P- C "n ;� O NO CAD UOQ v �'. W .cd N n CD .+ O CD a a. N � ` �7 � � NS Ocrq Oc4C n a� " � P a ry x ..- cn CD Q1 a.. 0-' CD UQ i p ,-,, CD t