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RES 2002-0205 - Agmt with NDOR for reconstruction of Pacific St from Bob Boozer Rd to 169th St • Q d ��iRdr � Public Works Department ® r�IVI n Omaha/Douglas Civic Center 'r1- 1 January 29, 2002 1819 Farnam Street,Suite 601 o ' -" Omaha,Nebraska 68183-0601 (402)444-5220 .yA� ry o� reo FED0'. Telefax(402)444-5248 City of Omaha Norm Jackman,P.E. Mike Fahey,Mayor Acting Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving the Program Agreement between the City of Omaha and the State of Nebraska Depaitiilent of Roads relative to the reconstruction of Pacific Street from Bob Boozer Road to 169th Street to upgrade the existing rural section two-lane roadway to a four-lane urban street including design, right-of-way, bridge work, grading, storm sewers, concrete pavement, sidewalks, traffic signals, roadway lighting and utility relocations. This project is identified as Federal Aid Project STPC-5044(5) and State Control No. 22062. This project is programmed in the 2002-2007 Capital Improvement Program as Project 420. Thee total estimated cost of the project is $4,550,000. The City will be responsible for a 20% local share, currently estimated to be $910,000, and any cost determined ineligible for Federal assistance. The actual cost of the project and the City's share will be determined following a bidding process, at which time the City Council will be advised of the bid results and asked to authorize a contract award to the lowest responsible bidder. The City's share of the project cost will be paid from the 2000 Street & Highway Bond Organization 1509, Agency 140, Fund 388, Year 2004 Funding. The Public Works Department recommends your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Referred to City Cou it for Consideration: 0 3/0-2--' / i lr,f Z 4-' jt /---/e.,)- 0 L._ grP.E. Date M or' ffic Date Acting Public Works Director Approved as to Funding: This action has been reviewed and found to be in conformance with the Master Plan. //g/a— 1---%- �� /. g v z Y Stanle P. Ti m 4 J Date Robert C. Peters Date Finance Director Planning Director 5'''` P:\PW2\10722f.doc j—...) *STATE OF NEBRASKA DEPARTMENT OF ROADS , - � Sy John L. Craig,Director .04 • - E , 02 FEB 2I ItiM 8. 53 , ; .1�� , 1500 Highway2 ,�‘ PO Box 94759 %%.,s11� . Lincoln NE 68509-4759 �w. ;r.��•;�'y.' Phone(402)471-4567 FAX(402)479-4325 February 15, 2002.C IT Y C L C www.dor.state.ne.us 0 MA H A ^� .. 6� Mike Johanns Mr. Buster Brown Governor Clerk ' Omaha/Douglas County Civic Center 1819 Farnam St Omaha NE 68183 • Re: Project No. STPC-5044(5) Control No. 22062 • Agreement No. XL0209 Dear Mr. Brown: Enclosed for your files is one original of a fully executed agreement between the City of Omaha and this department pertaining to a proposed improvement with the construction on Pacific Street from Bob Boozer Road to 169m Street and 168th Street from William Street to Jones Street in Omaha under project STPC-5044(5). Sincerely, adig4/1, - J rry dams • Hwy. Agreements Tech. Planning and Project Development Division JA/H3-AA50 Enclosures xc: J. R. Jacobsen, District 2 Engineer E. Poppe/D. Turek . B. Lamphere File • An Equal Opportunity/Affirmative Action Employer printed on recycled paper • AGREEMENT CITY OF OMAHA STATE OF NEBRASKA, DEPARTMENT OF ROADS PROJECT NO. STPC-5044(5), STATE CONTROL NO. 22062 PACIFIC ST., BOB BOOZER RD. TO 169TH ST. 4-LANE DIVIDED URBAN SECTION AND BRIDGE THIS AGREEMENT, made and entered into by and between the City of Omaha, hereinafter referred to as the "City"., and the State of Nebraska, Department of Roads, hereinafter referred to as the "State", WITNESSETH: WHEREAS, certain street improvements in the City have been designated as being eligible for Surface Transportation Program (STP) Funds by the Department of Transportation, Federal Highway Administration, hereinafter called the FHWA, in compliance with Federal laws pertaining thereto, and WHEREAS, STPC Funds have been made available by Title 23 of the United States Code, providing for improvements on eligible city streets, and WHEREAS, the Federal share payable on any portion of a STPC project will be a maximum of 80 percent of the eligible costs as directed by the Metropolitan Planning Organization (MPO) Transportation Improvement Program (T.I.P.), and WHEREAS, regulations for implementing the provisions of the above mentioned act provide that the Federal share of the cost of those projects will be paid only to the State, and WHEREAS, the City agrees to supervise the contract letting and 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, the regulations further permit the use of funds other than State funds in matching Federal funds for improvements to those city streets, 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 State Funds are to be expended on this project, and WHEREAS, if the City is to receive Federal participation for any portion of the work on the proposed project, it is necessary all phases of work comply with Federal requirements and procedures, and WHEREAS, the funding for the project under this agreement, includes pass-through monies from the Federal Highway Administration (FHWA). If a non-federal entity expends XL2O 9 $300,000 or more in total federal awards in a fiscal year, then the A-133 audit is required as explained further in this 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, the City desires this project as shown on attached EXHIBIT"A" be constructed under the designation of Project No. STPC-5044(5), as evidenced by the Resolution of the City dated the 29 ''t' day of Ja , 200,attached as EXHIBIT "B" and made a part of this agreement, and WHEREAS, the total cost of nonbetterment utility rehabilitation, construction and construction engineering is estimated to be $4,550,000, and WHEREAS, the project is described as follows: On Pacific Street from Bob Boozer Road to 169th Street and 168th Street from William Street to Jones Street. The existing 2-lane roadway will be upgraded to a 4-lane divided urban section with additional turning lanes as warranted at the 168th Street and Pacific Street intersection. A sidewalk is proposed along the north side of Pacific Street and the east and west sides of 168th Street. A bicycle path is proposed along the south side of Pacific Street. The existing 2-lane bridge on Pacific Street over the West Papillion Creek will be reconstructed to accommodate the widened Pacific Street urban section. New storm sewers will also be constructed as part of the improvements. NOW THEREFORE, in consideration of these facts, the State and City agree as follows: SECTION 1. The State agrees to present the 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 Single Audit Act Amendments of 1996 (signed into law by President Clinton on July 5, 1996) and the implementing regulations contained in OBM Circular A-133, the A-133 Audit is required if the non-federal entity expends $300,000 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. Project No. STPC-5044(5) - 2 - Pacific St., Bob Boozer Rd. to 169th St. 4-Lane Divided Urban Section and Bridge 1 s.. . • • SECTION 3. The City 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 and shall present all plans, specifications, estimates to the State for approval. SECTION 4. 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 5. ENVIRONMENTAL RESPONSIBILITY The City shall be responsible to complete any federally required environmental actions and documents for this project, and get them approved by the State and the FHWA prior to proceeding with appraising and acquiring any right-of-way for the project. When it is determined that a public hearing is a federal requirement for the project, the City shall offer an opportunity for a location or design hearing or combined location and design public hearing. If a public hearing is required, the City shall contact the State's Public Hearing Officer (PHO) prior to doing any public hearing activity, so the PHO can advise the City of the proper procedures and policies for conducting the hearing. The City can contact the State's PHO by calling (402) 479-4871. SECTION 6. The City agrees to provide the State with current project schedules, and progress reports of critical milestones (start date, public meetings/hearings, P.I.H., 100% plans, letting date, construction start and ending date, etc.) SECTION 7. The City shall design the project according to the current publications of State of Nebraska Standard Specifications for Highway Construction, AASHTO Policy on Geometric Design of Highways and Streets, the Minimum Design Standards of the Board of Classifications and Standards and the Americans with Disabilities Act(ADA)Accessibility Guidelines. 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. Any deviations from the above publications must be approved by the State. SECTION 8. The State and City agree that the construction engineering, which is an eligible project expense and which includes construction staking, inspection and field testing, will be accomplished by City forces or a State Certified Consultant selected by the City. 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 must conform to the State's standard Project No. STPC-5044(5) - 3 - Pacific St., Bob Boozer Rd. to 169th St. 4-Lane Divided Urban Section and Bridge • • practices and will be subject to State review and concurrence prior to agreement execution between the City and the Consultant. The inspection, sampling and testing of all materials must be done in accordance with the current State of Nebraska Standard Specifications for Highway Construction, the State Materials Sampling Guide, Quality Assurance Program for Construction, and the State Standard Methods of Tests (www.dor.state.ne.us) or applicable AASHTO or ASTM procedures. The City shall send a letter of certification to the State's Urban Engineer, whose address is Nebraska Department of Roads, Roadway Design Division, P.O. Box 94759, Lincoln, NE 68509-4759, stating that all test results of materials used on the project, manufacturer's certificates of compliance and manufacturer's certified test reports meet contract requirements and are on file with the City. Any deviations from the contract requirements for sampling and testing must be identified and explained in the certification letter. The City shall provide adequate quality assurance on the project and will be responsible for the sampling and delivery of project materials for testing to a qualified laboratory. In all cases, the State will provide a State Representative designated by the State on a part-time basis, who will serve to inspect the project to ensure that the City is in compliance with the plans, contracts, scope of work, regulations, statutes, etc., in order that Federal funds may be expended on the project. The State Representative will conduct a cursory final review of the project and will make a recommendation to the State's District Engineer as to whether the project appears to be acceptable or not. If the State Representative determines that the project is not acceptable, he will notify the City's Project Manager in writing of what needs to be done to bring the project into compliance for acceptability. The City shall contact the District 2 Engineer, John Jacobsen, whose address is 4425 S. 108th St., P.O. Box 45461, Omaha, Nebraska 68145-0461, for State Representative assignment. 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 will be included as costs of the project as specified in this agreement. The City shall provide a Project Manager to oversee the project and to ensure that the construction engineering performed by City forces or the City's Consultant comply with requirements for Federal funding. The Project Manager's services include, but are not limited to, attending the preconstruction conference, project management as required and preparing contractor change orders and supplemental agreements. SECTION 9. Any preliminary engineering services to be performed by the City, State or by a Consultant will be funded solely with City Funds and will not be eligible for Federal participation. SECTION 10. The City agrees to advertise and conduct a letting and receive bids for the contemplated improvement. Prior to advertising the project for bids, the City shall submit a Project No. STPC-5044(5) - 4- Pacific St., Bob Boozer Rd. to 169th St. 4-Lane Divided Urban Section and Bridge • • Right-of-Way Certificate and final plans package (100 percent plans, specifications, engineers estimate, and contract bidding documents) to the Urban Engineer for approval. The State will review the submitted items and give the City direction on proceeding with advertising the project for bids. Upon direction and approval from the State for the City to advertise, the City shall not open the bids for a minimum of 21 calendar days after the first advertisement is published in the newspapers. The City shall submit its selection of low bidder and supporting documents to the State for concurrence and approval prior to awarding of the construction contract to the successful low bidder. The City shall sign the contract or contracts and shall send copies of the signed contract(s), including copies of the awarded final plans package to the State's Urban Engineer, and District Engineer. Prior to advertising for Project Letting, the City shall forward a Right-of-Way Certificate to the Urban Engineer. SECTION 11. The cost of nonbetterment utility rehabilitation, construction and construction engineering is estimated to be $4,550,000 with the City's share estimated at $910,000. The State agrees to reimburse the City, using Federal Funds, for 80 percent of the actual eligible cost of the improvement estimated to be $3,640,000 as directed by the MPO T.I.P. Progress billings to reimburse the City may be submitted no more often than monthly. The State will pay 95 percent of the 80 percent Federal share until 95 percent of the contractor's costs has been reimbursed. The final settlement between the State and the City will be made after final review and approval by the State and after an audit, if deemed necessary by the State, has been performed to verify actual eligible costs. The City agrees to reimburse the State for any overpayments discovered by the State or its authorized representative. The City further agrees, that if reimbursement to the State is required on this project, and if the City is unable to or does not make reimbursement within 60 calendar days after the State notifies the City of such required reimbursement; the State by this agreement is authorized to withhold money from highway funds apportioned or to be apportioned to the City, in an amount equal to the required reimbursement to the State. Costs incurred by the State with respect to the entire project will be a part of the cost of the project to be paid out of City and Federal funds. 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 those invoices within thirty days of their receipt. The City's share of the total project cost will be all costs not paid for by Federal funds. The criteria contained in Part 31 of the Federal Acquisition Regulations System (48 CFR 31)will be applied to determine the allowability of costs incurred by the City under this agreement. Project No. STPC-5044(5) - 5 - Pacific St., Bob Boozer Rd. to 169th St. 4-Lane Divided Urban Section and Bridge • • Final payment will not be made to the City until the State has approved the project. SECTION 12. The City understands that payment for the costs of this project, whether they be services, engineering, Right-of-Way, utilities, material or otherwise, are the sole responsibility of the City where Federal participation is not allowable or available. Therefore, where the Federal government refuses to participate in this project or any portion of this project, the City will be responsible for full project payment with no cost or expense to the State in this project or any portion of this project. Should this project be abandoned before completion, the City shall pay all costs incurred by the State prior to such abandonment. The City shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and shall make such material available at its office at all reasonable times during the contract period and for three years from the date of final payment under this agreement; such records to be available for inspection by the State and the FHWA or any authorized representatives of the Federal government, and the City shall furnish copies to those mentioned in this section when requested to do so. SECTION 13. 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. This is subject to State review. SECTION 14. The City agrees that it is to receive Federal participation for portion(s) of the work on the proposed project. Because the City is to receive Federal funds for any part of this project, the City shall perform the services for all phases of work, including, but not limited to preliminary engineering, acquisition of Right-of-Way, construction (includes construction engineering), etc., according to Federal procedures and requirements. Prior to beginning any phase of work on the proposed project, the City shall contact the Urban Engineer for direction and assistance to ensure that all project work will be accomplished according to Federal procedures and requirements. SECTION 15. 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 (Reissue 1998), 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 DISCRIMINATION CLAUSES Section of this agreement. Project No. STPC-5044(5) - 6 - Pacific St., Bob Boozer Rd. to 169th St. 4-Lane Divided Urban Section and Bridge • • • SECTION 16. DISADVANTAGED BUSINESS ENTERPRISES A. Policy The City agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 will have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the disadvantaged business requirements of 49 CFR Part 26 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 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. 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. SECTION 17. NONDISCRIMINATION CLAUSES During the performance of this agreement, the City, for itself, its assignees and successors in interest agrees as follows: (1) Compliance with Regulations: The City shall comply with the Regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Parts 21 and 27, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: The City, with regard to the work performed by it after award and prior to completion of the contract work, shall not discriminate on the basis of disability, race, color, sex, religion or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The City shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Project No. STPC-5044(5) - 7 - Pacific St., Bob Boozer Rd. to 169th St. 4-Lane Divided Urban Section and Bridge • • Regulations, including employment practices when the contract covers a program set forth in Appendixes "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 City for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the City of the City's obligations • under this agreement and the Regulations relative to nondiscrimination on the basis of disability, race, color, sex, religion or national origin. (4) Information and Reports: The City shall provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with 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 City shall so certify to the State, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the City's noncompliance with the nondiscrimination provisions of this agreement, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including but not limited to, (a) withholding of payments to the City under this agreement until the City complies, and/or (b) cancellation, termination or suspension of this agreement, in whole or in part. (6) Incorporation of Provisions: The City shall 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 City shall take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the City may request the State to enter into such litigation to protect the interests of the State, and in addition, the City may request the United States to enter into such litigation to protect the interests of the United States. SECTION 18. Changes to the City street which affect the function or operation of the improvement made either during construction or after the project is completed, will require prior Project No. STPC-5044(5) - 8 - Pacific St., Bob Boozer Rd. to 169th St. 4-Lane Divided Urban Section and Bridge 4.1 • • • approval of the State. Requests for changes during project construction must be made to the State Representative through the District Engineer's office. Upon project completion and final inspection, the City shall send one set of"As-Built" plans to the State's Urban Engineer. SECTION 19. Upon project completion, the City shall maintain this project at its own expense, and make provisions each year for the maintenance costs involved in properly maintaining this facility. SECTION 20. Any utility rehabilitations or installations made within the Right-of-Way of this project after execution of this agreement must be in accordance with the provisions of Federal- Aid Highway Policy Guide, 23 CFR 645A, "Utility Relocations, Adjustments and Reimbursement", and Federal-Aid Policy Guide, 23 CFR 645B, "Accommodation of Utilities" issued by the U.S. Department of Transportation, FHWA, or a State approved Utility Accommodation Policy. In order to receive Federal-Aid Funds for this improvement, the City agrees to follow the current "Policy for Accommodating Utilities on State Highway Right-of-Way." All nonbetterment municipally owned and operated utility rehabilitation costs will be a project cost. 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 privately owned and operated utilities, then the City shall send the State an estimate of those nonbetterment utility rehabilitation costs prior to the work being done. The City shall pay for utility nonbetterment rehabilitation and then bill the State for those eligible reimbursement costs. All reimbursements will be based on the actual costs of material, services and labor. This will be subject to audit, if the State deems that one is necessary. SECTION 21. If Federal participation is requested in Right-of-Way appraisal or acquisition, the State on behalf of the City, will review the appraisals and negotiations for any additional Right-of-Way. The City will be responsible for any eminent domain proceedings required for acquisition of the necessary property. The appropriate procedures as outlined in the current Nebraska Right-of-Way Manual approved by the FHWA must 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 Project No. STPC-5044(5) - 9 - Pacific St., Bob Boozer Rd. to 169th St. 4-Lane Divided Urban Section and Bridge • • services furnished by the State will be part of the cost of the project and the State's expenses will be included as costs of the project as specified in this agreement. SECTION 22. The City agrees, at no cost to the project, to clear the present Right-of-Way on 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 for this project, and to keep the old and new Right-of-Way free of future encroachments, except those authorized by permit. SECTION 23. The City agrees, and shall certify after accomplishment, that any Right-of-Way for this improvement not donated in compliance with the 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 24. In the event that Relocation Assistance (financial aid to those persons relocated due to the road improvement) as defined in Public Law 91-646 (42 U.S.C. 4601) as amended, 49 CFR 24, and Neb.Rev.Stat. §76-1214 through 76-1238 (Reissue 1996), is required for this improvement, the City shall enter into an appropriate agreement with the State in order that the State may perform the necessary and required relocation assistance functions. All relocation assistance services furnished by the State in this connection will be part of the cost of the project and the State's expenses will be deducted from the Federal monies received prior to reimbursement to the City. SECTION 25. Traffic control during project construction must conform to the Manual on Uniform Traffic Control Devices. Before final acceptance of the project by the State, all signing and marking must be in conformance with the current Manual on Uniform Traffic Control Devices. SECTION 26. The State and City agree that: (a) Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City will have a financial interest, direct or indirect, in any city contract. Any violation of this section with the knowledge of the person or corporation contracting with the City will render the contract or agreement voidable by the Mayor or Council. (b) This agreement contains the entire agreement of the City and State. No representations were made or relied upon by City or State other than those that are expressly set forth herein. No agent, employee or other representative of City or State is empowered to alter any of the terms in this agreement unless done in writing and signed by an authorized officer of the City and State. Project No. STPC-5044(5) - 10 - Pacific St., Bob Boozer Rd. to 169th St. 4-Lane Divided Urban Section and Bridge IN WITNESS WHEREOF, the City and State 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 3STday of Q► nt , 2OQt WITNESS: CITY OMAHA Buster Brown- , ' '-`,r Mike Fahey )/A-dof City Clerk , � _ Mayor EXECUTED by the State this 4' day of Feipaa7 , 200Z STATE OF NEBRASKA DEPARTMENT OF ROADS Eldon D. Poppe, P.E. 114 /7‘ ;?--z-e.... Roadway Design En i eery r RECOMMENDED: J . 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SI ill Rdlrrq ,+'.� t ^ "Ito, fSI Cr ,y iS `o Ord • � , :• OrcA ord c ' 3 �y N yCr e s,C,• . • r• I dilliNalli Orchard ,1 �c «0'H ern St 1 •r. .M • , • dio Welch St •• c r& e 3 L• Alln Q 1 °Cr Weir c 5 4 Q Mo 3795 41 3• .� ,��., ,�,• �• 9 G 8 9 R St 9 : I ;0 BoadcreslJill ao 1 1 S � i ro S sr fro// ;'[ , aria via ; TSt fit,' _ : 161' 1 a° Ili: i sr„ue, e u sr U St �) v sr ; 1 ti,"�� Cii v sr '1 igat,I , s, -.., i :. t ,,, i ,, • ifa1 �\ d�f Trollridae Rd 0 Y 51 N 51 Cr 2 Cr , Z iff . . « + *� .- ra p Project No. STPC-5044(5) Pacific St., Bob Boozer Rd to 169th St. EXHIBIT "A" 4-Lane Divided Urban Section and Bridge PErFivr- n REQUEST TO CITY CLERK'S OFFICE For City Clerk's Office Use } Log Book No. '' =''` Date Assigned Assigned to Date Answered DATE RECEIVED: DATE: December 5, 2003 TO: BUSTER BROWN, CITY CLERK FROM: Harry Owen, Engineering Services Manager REQUEST FOR: Mayor's Signature TIME LINE: At Next Signing REQUEST DETAILS: Attached are two copies of Amendment No. One to the Program Agreement with the Nebraska Depat',went of Roads (NDOR) which was passed by Resolution No 205 on January 29, 2002. That was an agreement to redesign and reconstruct Pacific Street from Bob Boozer Drive to 169th Street. By this Amendment, both we and the NDOR agrees that the engineering costs are included in the 80% State and 20% City cost split. The total cost for the City is expected to be approximately $182,000. According to Scott McIntyre, the cost was included in the Program Agreement so it is not necessary to return to the City Council for approval. Please have the Mayor sign were indicated. You will also have to attest. Thank you for your assistance in this matter. 677 ctyclrk.doc � �.-- ! [ • • i SUPPLEMENTAL AGREEMENT NO. 1 CITY OF OMAHA STATE OF NEBRASKA, DEPARTMENT OF ROADS PROJECT NO. STPC-5044(5),STATE CONTROL NO. 22062 PACIFIC ST., BOB BOOZER RD.TO 169TH ST. 4-LANE DIVIDED URBAN SECTION AND BRIDGE THIS SUPPLEMENTAL AGREEMENT, made and entered into by and between the City of Omaha, hereinafter referred to as the"City",and the State of Nebraska, Department of Roads, hereinafter referred to as the"State", WITNESSETH:; ' WHEREAS,the State and City entered into an agreement executed by the City on January 31,2002,and by the State on February 4,2002,that provided for the reconstruction of Pacific Street from a rural 2-lane section to a 4-lane urban street, and WHEREAS, it now becomes necessary that the agreement be supplemented to include the preliminary engineering costs. NOW THEREFORE, in consideration of these facts,the State and City agree as follows: SECTION 1. The State agrees to reimburse the City for the eligible preliminary engineering costs estimated to be$910,000. The City's 20 percent share is estimated to be$182,000 and the federal 80 percent share is estimated at$728,000. SECTION 2. Except as specifically amended by this supplemental agreement, all terms and conditions of the agreement executed by the City on January 31,2002 and by the State on February 4,2002 shall remain in full force and effect. IN WITNESS WHEREOF,the State and City 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 // 'day of /JPn ,1% ,2003. WITNESS: CITY OF OMAHA Buster Brown Mike Fahey City Cleric Mayor EXECUTED by the State this day of , 2003. STATE OF NEBRASKA DEPARTMENT OF ROADS Eldon D. Poppe, P.E. Roadway Design Engineer RECOMMENDED: Tim Weander, P.E. District 2 En i eer AGR8-GO APPROVED A TO FORM: DEPUTY CITY ATTORNEY Project No. STPC-5044(5) -2- Agreement No.XL0209 Pacific St., Bob Boozer Rd.to 169th St. Supplement No. 1 4-Lane Divided Urban Section and Bridge C 25A* CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, The City of Omaha and the State of Nebraska Department of Roads are desirous of reconstructing Pacific Street from Bob Boozer Road to 169th Street, to upgrade the existing rural section two-lane roadway to a four-lane urban street including design, right-of- way, bridge work, grading, storm sewers, concrete pavement, sidewalks, traffic signals, roadway lighting and utility relocations; and, WHEREAS, this project is identified as Federal Aid Project STPC-5044(5) and State Control No. 22062 and is eligible for assistance from the Federal Highway Administration in accord with the terms of the attached Program Agreement, which by this reference is made a part hereof; and, WHEREAS, the City's 20% portion of the total cost is currently estimated to be $910,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Program Agreement between the City of Omaha and the State of Nebraska Department of Roads providing for the reconstruction of Pacific Street from Bob Boozer Road to 169th Street is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the City's estimated$910,000 cost from the 2000 Street & Highway Bond Organization 1509, Agency 140, Fund 388, Year 2004 Funding. APPROVED AS TO FORM: • CITY ATTORNEY DATE P:\PW2\10723f.doc By Co uilmember Adbpted AN 2 ' 00 - - o - City Clerk Approved./ .... Ma or • NO. R- Resolution by Res. that the Program Agreement between the P. (/N} .„ City of Omaha and the State of Nebraska Department of Roads providing for the i reconstruction of Pacific Street from Bob >� Boozer Road to 169th Street is hereby • ' approved. The Finance Department is I', authorized to pay the City's estimated t $910,000 cost from the 2000 Street & Highway Bond Organization 1509, Agency 140, Fund 388, Year 2004 Funding. P:\PW2\10723f.doc v Presented to City Council JAN292002 Adopted G-o gutter grown City Clerk