RES 2004-1166 - Agmt with NDOR for Standing Bear Lake trail •
of ON1AHA•N,s4 Parks,Recreation &
���,�� R �, � Public Property Department
��4.' Omaha/Douglas Civic Center
• ®, fl "k ro oti SEP — 1819 Famam Street,Suite 701
°'''? t'°' `k ` Omaha,Nebraska 68183-0701
AR4rBD FEBRVr"yry c 11 j • (402)444-5900
, ; !r + FAX(402)444-4921
City of Omaha !J�,'i' Larry N.Foster
Mike Fahey,Mayor Acting Director
September 21, 2004
Honorable President •
And Members of the City Council,
The attached Resolution approves an Agreement between the City of Omaha and the State of
Nebraska Department of Roads for preliminary engineering and construction of a 1.5 mile multi-
purpose trail along the south side of Standing Bear Lake between 144th Street and 132nd Street and
authorizes the Mayor to sign and the City Clerk to attest said Agreement. This project will replace
the old asphalt trail and construct a new 10-foot wide concrete trail. It will provide a connection to
the existing trail along 144th Street and provide a link to a future trail that will be built between
Standing Bear Lake and Tranquility Park.
This grant from the Surface Transportation Program would provide 80% of the costs up to
$411,888. The local match required is$102,972. The City's share of this project would come from `
the Park Bond Fund and is included in the 6 Year Capital Improvement Program,Fund 13352, Org.
131621,Project 0333.
Your favorable consideration of this Resolution is respectfully requested.
Respect submitted, Referred to City Council for Consideration:
/
rry . . Foster,Acting Director Date Mayor's Office 'Date
Parks,Recreation and
Public Property Department
Approved as to Funding:
V Vac-LA Q. --. q \off
Carol Ebdon,Director Date
Finance Department
P:\PRPP 1\14944maf.doc
AGREEMENT
(Program)
PROJECT NO. STPB-28(80) STATE CONTROL NO. 22168
• City of Omaha - Parks, Recreation and Public Property
STATE OF NEBRASKA, DEPARTMENT OF ROADS
Omaha Standing Bear Lake Trail
THIS AGREEMENT, made and entered into by and between the City of
Omaha - Parks, Recreation and Public Property, hereinafter referred to as
the "City", and the State of Nebraska, Department of Roads, hereinafter
referred to as the "State",
WITNESSETH:
WHEREAS, certain bicycle/pedestrian trails, in the City have been
designated as being eligible for the Enhancement Program portion of the
Surface Transportation Program (STP) funds by the Department of
Transportation, Federal Highway Administration, hereinafter called 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 trails, and
WHEREAS, the Federal share payable will be a maximum of 80 percent
of the eligible costs thereof, up to a maximum payment from Federal funds
of $411,888.00 and
WHEREAS, regulations for implementing the provisions of the above
mentioned act provide that the Federal share of the cost of such projects
shall be paid only to the State, and
WHEREAS, the City shall supervise the contract letting and shall
ensure that the project receives the same degree of supervision and
inspection as a project constructed under a contract let and directly
supervised by the State, and
WHEREAS, regulations further permit the use of funds other than
State funds in matching Federal funds for improvements of those trails,
and
WHEREAS, the States responsibility is to provide project oversight
to insure that the City or its Contractor is constructing the project in
accordance with the approved plans and to further notify the City or its
Project Manager when federal funding will be withheld or lost where such
construction of the project is not being prosecuted in accordance with
the approved plans, and
WHEREAS, the State retains the services of Sinclair Hille
Architects whose business address is 700 Q Street, Lincoln, NE E3508
hereinafter referred to as the "Enhancement Program Consultant" to assist
the State with administration of the Enhancement Program, and
WHEREAS, the State is willing to cooperate 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 no
Project No. STPB-28(80) 1
City of Omaha - Parks, Recreation and Public Property
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State Funds are to be expended on this project, and
WHEREAS, funding for the project under this agreement, includes
pass-through 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 the A-133 Audit is required as explained further in the
agreement, 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 desire of the City that the project be
constructed under the designation of Project No. STPB-28(80) , as
evidenced by the Resolution of the City Council dated the
day of
, 20 attached and identified as
Exhibit "B" and made a part of this agreement, and
WHEREAS, the City has earmarked and will place in its fiscal budget
$102,972.00, which is estimated to be the City's share of the cost of the
Project; however, both parties recognize this is a preliminary estimate
only and that the final costs may well be higher or lower than this
preliminary estimate, and
WHEREAS, the project indicated on the location map identified as
Exhibit "C", is described as follows:
Preliminary engineering and construction of a 1.5 mile long, 10
foot wide concrete trail. The trail begins at the end point of the 144th
Street Trail just north of Fort Street. The trail will follow the south
shore line of Standing Bear Lake and end at a parking area just west of
132nd Street. The parking area will serve as a trail head. Future
extensions of this trail eastward of 132nd Street will provide access to
the Big Papio Trail system. The trail will also connect to existing
trails that access residential areas south of the lake.
WHEREAS, both parties agree all costs of this project will be the
sole responsibility of the City if the proposed project improvements are
not under construction contract prior to November 30, 2005. This
includes repayment to the State of Federal funds reimbursed for
preliminary engineering costs and payment of all other expenses incurred
as specified in Section 27 of this agreement.
NOW THEREFORE, in consideration of these facts, the parties agree
as follows:
SECTION 1. The State agrees to present the above-mentioned project to
the FHWA for its approval, if necessary.
SECTION 2. The funding for the project under this agreement includes
pass-through federal monies from the FHWA. According to the Sin:31e Audit
Act Amendments of 1996 and the implementing regulations contained in OMB
Project No. STPB-28(80) 2
City of Omaha - Parks, Recreation and Public Property
•
Circular A-133, the A-133 Audit is required if the non-federal entity
expends $500,000 or more in total federal awards in a fiscal year. Non-
federal entity means state and local governments and non-profit
organizations.
The City shall have its finance officer or auditor review the
situation to determine what the City must do to comply with this federal
•
mandate. If applicable, the expenditures related to the FHWA should be
shown in the Supplementary Schedule of Expenditures of the Federal Awards
under U.S. Department of Transportation as a pass through Nebraska
• Department of Roads, Federal CFDA Number 20.205,. If an A-133 Audit is
performed, the City shall send the audit report to the Nebraska
Department of Roads, Highway Audits Manager, P.O. Box 94759, Lincoln, NE
68509-4759.
SECTION 3. The City, with such assistance as may be required from the
State, agrees to perform or cause to be performed a preliminary survey
and all necessary plans, specifications and estimates for the proposed
work. The City agrees to acquire any or all permits necessary to
accomplish the project.
SECTION 4. The project must be designed according to the following
current publications: State of Nebraska Standard Specifications: for
Highway Construction, and the American Association of State Highway and
Transportation Officials Guide for the Development of Bicycle Facilities,
and the Designing Sidewalks and Trails for Access Part II of II: Best
Practices Design Guide. The project will be designed to conform to
Americans with Disabilities Act (ADA) Accessibility Guidelines. Any
deviations from the above must be approved by the State prior to
preparation of plans.
SECTION 5. The State agrees to reimburse the City, using Federal Funds,
for 80 percent of the actual eligible cost of the improvement up to a
maximum of $411,888.00. Progress billings to reimburse the City 95
percent of the eligible 80 percent costs may be submitted no more often
than monthly until 95 percent of the maximum Federal share has been
reimbursed. The final settlement between the State and the City will be
made after final inspection and acceptance, and audit, if deemed
necessary, and after final costs have been determined by the State.
SECTION 6. The parties agree that the preliminary engineering, which
includes project design and plan development, will be accomplished by the
City or a consultant selected by the City.
In all instances, the State, through the Enhancement Program
Consultant, will draft the agreement between the City and the Consultant
prior to execution. Preliminary engineering is estimated to be
$41,189.00, and the State agrees to reimburse 80 percent of the eligible
Project No. STPB-28(80) 3
City of Omaha - Parks, Recreation and Public Property
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costs thereof.
It is understood by the parties that the State will rely on the
professional performance and ability of the City or their consultant.
Any examination by the State, or any acceptance or use of the work
product of the City or their consultant will not be considered to be a
full and comprehensive examination and will not be considered an approval
of the work product of the City or their consultant which would relieve
the City from any liability or expense that would be connected with the
City's sole responsibility for the propriety and integrity of the
professional work to be accomplished by the City.
SECTION 7. The parties further agree the City is to advertise and
conduct a letting and receive bids for the contemplated improvement. All
plans, specifications and bid proposals, permits, and any other contract
documents must be submitted to and approved by the State prior to any bid
letting by the City. The selection of low bidders and the awarding of a
contract or contracts must be submitted to the State, through the
Enhancement Program Consultant, for concurrence. The City shall sign the
contract. After signing, the City shall send a copy of the signed
contract, including all plans and specifications, to the State, through
the Enhancement Program Consultant. Prior to advertising for Project
Letting, the City shall forward a Right of way Certificate to the City-
County R.O.W. Coordinator, through the Enhancement Program Consultant.
SECTION 8. The parties agree that the construction engineering, an
expense eligible for matching Federal funds, which includes construction
staking, inspection and field testing, will be accomplished by City
forces or a consultant selected by the City with State assistance and
review.
The City agrees, if a Consultant is to be selected, that the method
of selection and the resulting agreement between the Consultant and the
City shall conform to the State's standard practices and will be subject
to State review and concurrence prior to agreement execution between the
City and the Consultant. Any construction engineering work performed
more than 45 days prior to the letting date will be done at the expense
of the City.
Any dispute concerning a question of fact in connection with the
construction engineering work not disposed of by this agreement shall be
referred for determination to the State Engineer or his duly authorized
representative whose decision in the matter shall be final and conclusive
on the parties to the contract.
The inspection, sampling and testing of all materials must be in
accordance with the current State of Nebraska Standard Specifications for
Highway Construction, the State Materials Sampling Guide and the State
Project No. STPB-28(80) 4
City of Omaha - Parks, Recreation and Public Property
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Standard Methods of Tests. The City must send a letter of certification
to the State, through the Enhancement Program Consultant, stating that
all test results of materials used on the project, manufacturer's
certificates of compliance and manufacturer's certified test reports meet
specification requirements for sampling and testing. The City will
provide quality assurance, as may be required, to include random sampling
and testing of material as well as random checks of test method
procedures being performed by the inspector. In all cases, the City shall
provide a Project Manager on a part-time basis who will be responsible
for the prosecution of the project in accordance with the approved plans.
The State will provide a Project Representative whose responsibility is
to be available to advise the City's Project Manager where the project is
not being built in accordance with the approved plans, and that the
City's federal share of the project may be withheld for failure to comply
with the plans. The City shall contact the State, through the
Enhancement Program Consultant, for State Representative assignment prior
to advertising for project letting. it is understood that any
construction engineering services furnished by the State will be part of
the cost of the project and the State's expenses therein will be included
as costs of the project as specified in Section 23 hereof.
The City shall provide a Project Manager to oversee the project and
to ensure that the construction engineering performed by the City forces
or the City's consultant comply with requirements for Federal funding.
The Project'Manager's services include, but are not limited to, arranging
and presiding over the pre-construction conference, project management as
required, and preparing contractor change orders and supplemental
agreements.
SECTION 9. The City agrees to locate and reference or have located and
referenced all section corners, quarter section corners and sub-division
lot corners required for construction of the proposed project in
accordance with Section 39-1708 et. seq., R.R.S. 1943 as amended.
SECTION 10. The Federal share of this project must be reduced by any
project specific local property assessments that exceed the appropriate
local share on this project.
SECTION 11. If Federal participation is to be received for any portion
of the work on the proposed project, it is necessary that all phases of
work, including but not limited to preliminary engineering, acquisition
of right of way and construction be accomplished in accordance with the
appropriate Federal requirements.
SECTION 12. 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
Project No. STPB-28(80) 5
City of Omaha - Parks, Recreation and Public Property
48-1126 (Reissue 1988), 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 "A" attached, and made a
part of this agreement. The reference to "Contractor" in this exhibit
means the "City."
SECTION 13. The City shall have on file with the State an acceptable
drug-free workplace policy.
SECTION 14. DISADVANTAGED BUSINESS ENTERPRISES
A. Policy
The City agrees to ensure that disadvantaged business enterprises
as defined in 49 CFR Part 23 shall have the maximum opportunity to
participate in the performance of contracts and subcontracts financed in
whole or in part with Federal funds under this agreement. Consequently,
the disadvantaged business requirements of 49 CFR Part 23 are hereby made
a part of and incorporated by this reference into this agreement.
B. Disadvantaged Business Enterprises Obligation
The City and State agree to ensure that disadvantaged business
enterprises as defined in 49 CFR Part 23 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 23 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.
Failure of the City to carry out the requirements set forth above
will 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 15. Changes to the project made by the City which affect the
function or operation of the trails made either during construction or
after the project is completed, will require prior approval of the State.
Requests for changes during project construction must be made to
the State Representative through the Enhancement Program Consultant.
SECTION 16. Upon project completion and final inspection, the City shall
send one set of "as-built" plans to the State, through the Enhancement
Program Consultant.
Project No. STPB-28(80) 6
City of Omaha - Parks, Recreation and Public Property
_::.._ ...
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SECTION 17. Upon completion, the City shall maintain this project at its
own expense, and agrees to make provisions each year for the maintenance
costs involved in properly maintaining this facility.
SECTION 18. Any utility rehabilitations or installations made within the
right of way of this project after execution of this agreement will be in
accordance with the provisions of Federal-Aid Highway Policy Guide, 23
CFR 645A, "Utility Relocations, Adjustments and Reimbursement", Federal-
Aid Policy Guide, 23 CFR 645B, "Accommodation of Utilities" issued by the
U.S. Department of Transportation, Federal Highway Administration, or a
State approved Utility Accommodation Policy. In order to receive
Federal-Aid Funds for this improvement, the City agrees to adopt the
current "Policy for Accommodating Utilities on State Highway Right of
Way."
All nonbetterment municipally owned and operated utility
rehabilitation costs within the corporate limits of the City will become
a project cost, but that outside the corporate limits, only the
nonbetterment portion of the rehabilitation costs of facilities currently
occupying private right of way will be reimbursed. 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 will be
reimbursed if they exist on privately owned right of way and it is
necessary to rehabilitate the utilities due to this project. All such
reimbursements must be based on items and estimates submitted by the
utility and approved by the City and State. Should this project
necessitate the nonbetterment rehabilitation of any municipally or
privately owned and operated utilities, the parties agree to enter into a
Supplemental Agreement to provide for the nonbetterment utility'
rehabilitation and the reimbursement to the City for the Federal share of
the costs of the nonbetterment utility rehabilitation. The parties agree
that should any nonbetterment utility rehabilitation be accomplished
before State execution of a Supplement to this Agreement, the
rehabilitation work will be at the sole expense of the City.
Should any utilities include work which is eligible for
reimbursement, the City shall pay the utility and bill the State for the
Federal share. The State, subject to a final audit of the utility costs,
will reimburse the City for the approved Federal share of the costs.
SECTION 19. If Federal participation is requested in right of way
appraisal or acquisition, the State on behalf of the City, will review
appraisals and negotiations for any additional right of way. The City
shall be responsible for any eminent domain proceedings required for
acquisition of the necessary property. The appropriate procedures as
Project No. STPB-28(80) 7
city of Omaha - Parks, Recreation and Public Property
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•
outlined in the current Nebraska Right of Way Manual approved by the FHWA
shall be followed. Regardless of whether or not Federal funds are
requested for the right of way, the City agrees to contact the State
prior to beginning any right of way activity in order that the State may
advise the City of the required right of way functions and procedures.
It is understood that any right of way services furnished by the State
shall be considered as a part of the cost of the project and the State's
expenses therein shall be included as costs of the project as specified
in Section 23 hereof.
SECTION 20. The City agrees, at no cost to the project, to clear the
present right of way of this project of all advertising signs. The City
also agrees, at no cost to the project, 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.
SECTION 21. The City hereby agrees, and shall certify after
accomplishment, that any right of way for this improvement not donated in
compliance with FHWA guidelines will be acquired in accordance with the
Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 as amended, 49 CFR 24, and the State's Right of Way Manual as
approved by FHWA.
SECTION 22. Traffic control during project construction shall conform
with the Manual on Uniform Traffic Control Devices.
Before final acceptance of the project by the State, all signing and
marking will be in conformance with the Manual on Uniform Traffic Control
Devices. The edition of the manual which is current at the time of final
acceptance shall be used.
SECTION 23. Costs incurred by the State with respect to the entire
project will be part of the cost of the project to be paid out of City
and Federal funds. Costs incurred by the State attributable to this
project will not include any administrative costs or expenses of
administrative officials. The State may, at its discretion, initiate
progress invoices for costs incurred by the State during the progression
of the project and the City agrees to pay such invoices within thirty
(30) days of their receipt. The City's share of the total project cost
. shall be all costs not paid for by Federal funds.
The criteria contained in Part 31 of the Federal Acquisition
Regulations System (48 CFR 31) shall be applied to determine the
allowability of costs incurred by the City under this agreement.
The City shall maintain all books, documents, papers, accounting
records and other evidence pertaining to costs incurred and shall make
Project No. STPB-28(80) 8
city of Omaha - Parks, Recreation and Public Property
•
such material available at its office at all reasonable times during the
contract period and for three ( 3 ) years from the date of final payment
under this agreement; such records to be available for inspection by the
State and the Federal Highway Administration or any authorized
representatives of the Federal government, and copies thereof shall be
furnished by the City if requested.
SECTION 24. It is mutually agreed that final approval of the project
will be made by the State and that final payment cannot be made to the
City until the project has been approved by the State.
SECTION 25. The City understands and agrees that the sole duty of
proper prosecution of the project, in accordance with the approved
plans, belongs with the City, its Project Manager and Contractors, and
that failure to properly prosecute and construct the project in
accordance with the approved plans may result in the loss of federal
fundingl..
SECTION 26. The City agrees to acknowledge federal and state funding
with proper signage such as recognition plaques on buildings or markers
on trails. The funding acknowledgement shall state, "This project made
possible through funds provided by the Nebraska Department of Roads
Transportation Enhancement Program and the Federal Highway
Administration." This statement shall also be incorporated into all
press releases, web sites and printed information about the project.
SECTION 27. It is understood by the City 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 City
where Federal participation is not allowable or available. Therefore,
where the Federal government refuses to participate in the project or
any portion thereof the City is responsible for full project payment
with no cost or expense to the State in such project or portion thereof.
Should the project be abandoned before completion, the City will pay all
costs incurred by the State prior to such abandonment.
•
Project No. STPB-28(80) S
City of Omaha - Parks, Recreation and Public Property
, .
. .
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.
EXECUTED by the City this c: :la of /3-7 , 205;ker
WITNESS:
City of. Omaha
_ Clerk
M4C1f44:4' ''" )14.A;ILA
Mayor 444.7
EXECUTED by the State this day of , 20 .
STATE OF NEBRASKA
DEPARTMENT OF ROADS
R. James Pearson
Transportation Enhancement Administrator
APPRpik AS TO R ,
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(—) NAWAMTCaYATTOMEY
Project No. STPB-28(80) 10
City of Omaha - Parks, Recreation and Public Property
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.
EXHIBIT "A"
1
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(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 limiited 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 add_tion, the
contractor may request the United States to 'enter into such litigation
to protect the interests of the United States.
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EXHIBIT "A" 2
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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 has a trail system that has proven to be very popular with people
of all ages and serves pedestrians, bicyclists,joggers, and rollerbladers; and,
WHEREAS, the City would like to expand the trail system to better serve our
citizens; and,
WHEREAS,the City's trail master plan calls for a trail that extends from 144th Street
to 132nd Street through Standing Bear Park; and,
WHEREAS, the City has been approved to receive a Surface Transportation
Enhancement grant that will pay for 80%of the costs up to$411,888 for the preliminary engineering
and construction of this trail; and,
WHEREAS, local matching funds in the amount of$102,972 are available in the
Capital Improvement Program from the Park Bond Fund; and,
WHEREAS, the Mayor has recommended approval of this agreement.
NOW,THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, the Mayor is authorized to sign and the City Clerk to attest, the agreement
between the City of Omaha and the State of Nebraska Department of Roads for the Standing Bear
Lake Trail, located in Standing Bear Park, 6404 North 132nd Street, and the attached Agreement,
which is incorporated herein by this reference,is hereby approved. The City's share of this project,
in the amount of$102,972.00,will be paid from 2004 Park Bond Fund Number 13352,Organization
Number 131621, and Standing Bear Lake Trail Project Number 0333.
APPROVED AS TO FORM:
P:\PRPP1\14945maf.doc
ASSISTAlTT CITY ATTORNEY DATE
P aitIA le •
By
ouncilmember
Adopted /� P 2 1 2004 ��
City Clerk
Approved ?� 9
Mayor
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