RES 2011-0752 - Comply with Federal HIghway Admininstration for federal aid transportation programs of
s �OMAHA,NFb
� I � RECEIVED Public Works Department
wi
jr June Omaha/Douglas Civic Center
(C " 21 f 2011 I' 1 JUN I d PM 2: 53 1819 Farnam Street,Suite 601
Omaha,Nebraska 68183-0601
�0�p 4~ryCITY CLERK (402)444-5220
o FEBR‘r Fax(402)444-5248
City of Omaha Robert G.Stubbe,P.E.
Jim Suttle,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution binding the City of Omaha to comply with federal and state
law pertaining to the receipt of Federal Aid funding for construction of certain transportation
facilities. The City of Omaha agrees to comply with all applicable federal law, including the
rules and regulations of the Federal Highway Administration, all applicable state law and rules
and regulations (Nebraska Administrative Code), the requirements for the Local Public Agency
(LPA) Guidelines Manual of the Nebraska Department of Roads and the maintaining of adequate
Financial Management Systems.
Per the direction of the Nebraska Department of Roads, this resolution designates Pam
Spaccarotella, . Finance Director, as the authorized representative to certify the financial
management systems for the City of Omaha.
The Public Works Department and the Finance Department request your consideration and
approval of the attached Resolution.
Respectfully submitted,
6, 6 -
Ro ert G. Stubbe, P.E. Date Pam Spaccarotella , . Date
Public Works Director Finance Director
Referred to City Council for Consideration:
I oSYke Zo 1 i
Mayor's ffice Date
1224htp
shall remain in the City until all
payments required by this contract are made by the Utility to the City.
SECTION 6. Upon acceptance by the Utility and full payment to the City, said street
light facility shall become the property of the Utility, and the City agrees to execute any
documents deemed necessary by the Utility to establish or evidence such ownership.
The City does not grant the Utility any permanent property rights resulting from the
installation of said street light facility on public right-of-way, but acknowledges the right
of the Utility to own and maintain the street light facility within the public right-of-way in
accordance with Nebraska law. ..
•
SECTION 7. The Utility agrees to abide by the provisions of the Nebraska Fair
Employment Practices Act as provided by Neb. Rev. Stat. 48-1101 through 48-1126
(Reissue 1988), as amended, and the same are incorporated herein by this reference.
SECTION 8. The parties hereto shall not, in the performance of this Contract
discriminate or permit discrimination against any person because of race, sex, age, or
political or religious opinions or affiliations or disability in violation of Federal or State
Statutes or Local Ordinances.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their proper officials there unto duly authorized as of the dates below
indicated.
- 3 -
gments, damages to persons or property or claims of any
nature whatsoever caused by the Utility's negligent act or omission in connection with
- 2 -
0 $ 480.00
On-site meetings for design questions,construction issues(6 meetings) 12.0 12.0 $ 1,440.00
Final lnpsection/Punch Ust 6.0 6.0 $ 720.00
Subtotal 304.0 170.0 10.0 0.0 0.0 124.0 $ 30,180.00
NOT INCLUDED: FEE SUMMARY: $ 30,180.00
Geotechnical Exploration
Landscaping Design&Layout Sub-Consultants: $ -
Construction Surveying
Construction Observation(other than 6 meetings listed above) Reimbursable Expenses: $ -
TOTAL ESTIMATED PROFESSIONAL FEE: $ 30,180.00
(Not to Exceed)
LOCAL PUBLIC AGENCY(LPA)
• FINANCIAL MANAGEMENT SYSTEMS CERTIFICATION
Name of Local Public Agency i i:' of (Pro4,e1/
Date: /S , f 471' a1,e 2Op
The above-named local public agency(LPA)certifies that the financial
management systems and procedures used by them meet all requirements set forth
by the Nebraska Department of Roads (NDOR) and the Federal Highway
Administration (FHWA), and are sufficient to satisfy all applicable financial
management system standards set forth in 49 CFR Part 18, Uniform Administrative
Requirements for Grants&Cooperative Agreements to State& Local Governments,
and all the requirements set out on the attachment to this certification document.
By signing this document, the above-named LPA certifies that the local
systems and procedures provide an accurate representation of the financial
transactions associated with Federal-aid projects, and that financial records are
maintained for subsequent audit purposes. In the event the LPA determines that a
financial transaction is not accurately shown on the LPA's financial records, the LPA
agrees to notify the NDOR and FHWA and disclose and correct the details of that
financial transaction. Further, if it is determined that the LPA's systems are no longer
compliant with all requirements of the first paragraph of this certification then the LPA
will modify their system(s)to make them compliant and submit a new certification to
NDOR.
The person signing below hereby certifies that he or she is duly authorized to
sign this document and that the statements contained herein are true and correct to
the best of his or her knowledge and belief. This certification is submitted with a
resolution of the governing board or council of the LPA authorizing the following
individual to sign this document.
LPA's Authorized Representative
(print) (sign) (date)
STATE OF NEBRASKA
COUNTY OF (tiQ )ss.
42\k‘3C
) 'ry
Subscribed, sworn to and acknowledged before me by S r 1 o Y1 ,
this day I✓ day of 4- ,2009
SEAL
• GENERAL NOTARY•State of Nebfaska � f
SHARON LONG 1W
M Gomm.Exp.Dec.22.2011 At A.
"=roc Y
Signature of Cierr:or Notar Chic
NDOR conditionally accepts this certification pending successful completion of an
audit by NDOR verifying the statements contained herein.
NDOR
Controller Division Head Date
NDOR
Local Projects Division Head Date
mended, and the same are incorporated herein by this reference.
SECTION 8. The parties hereto shall not, in the performance of this Contract
discriminate or permit discrimination against any person because of race, sex, age, or
political or religious opinions or affiliations or disability in violation of Federal or State
Statutes or Local Ordinances.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their proper officials there unto duly authorized as of the dates below
indicated.
- 3 -
gments, damages to persons or property or claims of any
nature whatsoever caused by the Utility's negligent act or omission in connection with
- 2 -
0 $ 480.00
On-site meetings for design questions,construction issues(6 meetings) 12.0 12.0 $ 1,440.00
Final lnpsection/Punch Ust 6.0 6.0 $ 720.00
Subtotal 304.0 170.0 10.0 0.0 0.0 124.0 $ 30,180.00
NOT INCLUDED: FEE SUMMARY: $ 30,180.00
Geotechnical Exploration
Landscaping Design&Layout Sub-Consultants: $ -
Construction Surveying
Construction Observation(other than 6 meetings listed above) Reimbursable Expenses: $ -
TOTAL ESTIMATED PROFESSIONAL FEE: $ 30,180.00
(Not to Exceed)
• 1.
• 0-
LOCAL PUBLIC AGENCY(LPA)
• FINANCIAL MANAGEMENT SYSTEMS CERTIFICATION
ATTACHMENT
Name of Local Public Agency den- o O ,yw/y
Date: /s 5 �ifn�r.P 2ao5'
Additional Financial Management System Requirements
A. The LPA is responsible for maintaining an adequate financial management system •
and will immediately notify the NDOR when the LPA can no longer comply with the
requirements established below.
B.The LPA's financial management system shall provide for:
Financial Reporting:The LPA must maintain accurate, current and complete
disclosure of the results of the financial audits of Federal financially-assisted
activities in conformity with generally accepted principles of accounting, and
reporting in a format that is in accordance with the financial reporting
requirements of the Federal-aid program.
Accounting Records: The LPA must maintain records that adequately identify
the source and application of funds for Federal financially-assisted activities.
These records must contain information pertaining to Federal financial
assistance and authorizations, project expenditures to date and the project
funds remaining and available to pay for future expenditures. The LPA agrees
to grant NDOR and FHWA access to these records immediately upon request.
Internal Control: The LPA must maintain effective internal and accounting
controls over all funds, property and other assets.The LPA shall adequately
safeguard all such assets and assure that they are used solely for authorized
purposes.
Budget Control: The LPA will maintain records for Federal financial assistance
that compares actual expenditures or outlays with budgeted amounts.
Financial information must be related to performance and productivity data
including the development of unit cost information.
Allowable Cost: The LPA must have procedures for determining whether
costs are reasonable, allowable, and allocable; consistent with State and
Federal requirements.
Source Documentation: The LPA must maintain, or cause to maintained,the
source documentation for its accounting records.
C. The NDOR will periodically review the adequacy of the financial management
system of any applicant for financial assistance, as part of a pre-award review or at
any time during the Federal—aid project. If NDOR determines that the LPA's•
accounting system does not meet the standards described in parag aph B above,•the
NDOR will require remedial action by the applicant to maintain eligibility for federal
assistance. Failure to comply with any requirements imposed by the NDOR may
result in sanctions as identified in Chapter 15 of the LPA Guidelines Manual.
inst any person because of race, sex, age, or
political or religious opinions or affiliations or disability in violation of Federal or State
Statutes or Local Ordinances.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their proper officials there unto duly authorized as of the dates below
indicated.
- 3 -
gments, damages to persons or property or claims of any
nature whatsoever caused by the Utility's negligent act or omission in connection with
- 2 -
0 $ 480.00
On-site meetings for design questions,construction issues(6 meetings) 12.0 12.0 $ 1,440.00
Final lnpsection/Punch Ust 6.0 6.0 $ 720.00
Subtotal 304.0 170.0 10.0 0.0 0.0 124.0 $ 30,180.00
NOT INCLUDED: FEE SUMMARY: $ 30,180.00
Geotechnical Exploration
Landscaping Design&Layout Sub-Consultants: $ -
Construction Surveying
Construction Observation(other than 6 meetings listed above) Reimbursable Expenses: $ -
TOTAL ESTIMATED PROFESSIONAL FEE: $ 30,180.00
(Not to Exceed)
C-25A CITY OF OMAHA
•
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, certain transportation facilities (roads; streets, trails, and others) In the City of
Omaha have been designated as being eligible for federal funds by the Federal Highway Administration
in compliance with federal laws pertaining thereto;
WHEREAS, the City of Omaha desires to continue to participate in Federal Aid transportation
construction programs;
WHEREAS, the Nebraska Depat tutent of Roads as a recipient of said Federal funds is charged
with oversight of the expenditures of said funds and the City of Omaha as a sub-recipient of said Federal-
Aid funding is charged with the responsibility of expending said funds in accordance with Federal and
State law,the rules and regulations of the Federal Highway Administration,the requirements of the Local
Public Agency (LPA) Guidelines Manual of the Nebraska Department of Roads, and the maintaining of
adequate Financial Management Systems; and
WHEREAS, the City of Omaha understands that the failure to meet all requirements for federal
funding could lead to a project(s) being declared ineligible for federal funds, which could result in the
City of Omaha being required to repay some or all of the federal funds expended for a project(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OMAHA:
THAT, as recommended by the Mayor, the City of Omaha does hereby adopt and bind itself to
comply with all applicable federal law, including the rules and regulations of the Federal Highway
Administration, all applicable state law and rules and regulations (Nebraska Administrative Code), the
requirements of the LPA Guidelines Manual of the Nebraska Department of Roads, and the maintaining
of adequate Financial Management Systems in regard to participation in Federal Aid transportation
programs.
BE IT FURTHER RESOLVED:
THAT, the City of Omaha does hereby designate Pam Spaccarotella, Finance Director, as the
authorized representative for the certification of the City's Financial Management System.
1223htp APPROVED AS TO FORM:
74,24:;%7
DEPUTY CITY ATTORNEY DATE
•
By
C u ilmember
Adopted N 21 2011
'City lerk6lAk
Approve.. .ii %
. , � Mayor
review or at
any time during the Federal—aid project. If NDOR determines that the LPA's•
accounting system does not meet the standards described in parag aph B above,•the
NDOR will require remedial action by the applicant to maintain eligibility for federal
assistance. Failure to comply with any requirements imposed by the NDOR may
result in sanctions as identified in Chapter 15 of the LPA Guidelines Manual.
inst any person because of race, sex, age, or
political or religious opinions or affiliations or disability in violation of Federal or State
Statutes or Local Ordinances.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their proper officials there unto duly authorized as of the dates below
indicated.
- 3 -
gments, damages to persons or property or claims of any
nature whatsoever caused by the Utility's negligent act or omission in connection with
- 2 -
0 $ 480.00
On-site meetings for design questions,construction issues(6 meetings) 12.0 12.0 $ 1,440.00
Final lnpsection/Punch Ust 6.0 6.0 $ 720.00
Subtotal 304.0 170.0 10.0 0.0 0.0 124.0 $ 30,180.00
NOT INCLUDED: FEE SUMMARY: $ 30,180.00
Geotechnical Exploration
Landscaping Design&Layout Sub-Consultants: $ -
Construction Surveying
Construction Observation(other than 6 meetings listed above) Reimbursable Expenses: $ -
TOTAL ESTIMATED PROFESSIONAL FEE: $ 30,180.00
(Not to Exceed)
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