Loading...
RES 2001-3097 - Agmt with NDOR for maintenance on street segments of state hwys within city limits r - ?-e-S -Pi'3e97 RECEIVED -' , A°'rff Public Works Department 6-���` c� Omaha/Douglas Civic Center ® ' PI A 1819 Famam Street,Suite 601 r�; December 11 , 2001 o''• ., Omaha,Nebraska 68183-0601 o4.',•ED FEBAvt,i- CITY CLERK Telefax(402)444-5248 r1NiAEHA. IEDRA�K 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 a renewal of the Maintenance Agreement No. 1 between the City of Omaha and the State of Nebraska Department of Roads. The Agreement has been renewed yearly for a number of years. The last renewal was adopted by the City Council by Resolution No. 512 on February 20, 2001 and ran from January 1, 2001 through December 31, 2001. This renewal will run from January 1, 2002 through December 31, 2002. Under the terms of the agreement, the City Street Maintenance Division will provide routine maintenance on those segments of the City street system which are also extensions of State highways within the City limits. The State will pay the City $501,848.50 for the maintenance of the listed segments for the period from January 1, 2002 through December 31, 2002. After the completion of the agreement, the City will bill the State for the work done. The Public Works Department requests your consideration and approval of the attached Resolution and renewal of the Maintenance Agreement No. 1. Respectfully submitted, Referred to City Coun it for Consideration: ._,z_________///of .4( ar-iAp eti 5 ,_41 //-N-6/ N& J a , P.E. hirte2 Date Mayor's Office Date Approved as to Funding: I e,ie. 4,(1i_ /0,..1,..v, 1 fo Stanley P. Timm fril0 Date Finance Director P:\PW\12714z.doc 1111 • :.i Maintenance Agreement No. 1 Maintenance Agreement Between The Nebraska Department Of Roads And The Municipality of Omaha Municipal Extensions in Omaha AGREEMENT THIS AGREEMENT, made and entered into by and between Omaha hereinafter referred to as the "City"; and the State of Nebraska, Department of Roads, acting by and through its Director-State Engineer,hereinafter referred to as the "State and this agreement is to have an effective date of January 1, 2002. WITNESSETH: WHEREAS,Neb. Rev. Stat. Sections 39-2101 through 39-2125,relating to highways, set out the responsibilities of the State, counties and incorporated municipalities in the establishment of uniform standards of design, construction, operation and maintenance of said highways, and WHEREAS,the State and its incorporated municipalities wish to enter into an agreement relative to the standards of design, construction, operation and maintenance of said highways,the responsibilities of which are assigned by Neb. Rev. Stat. Sections 39-2101 through 39-2125, and WHEREAS,Neb. Rev. Stat. Section 39-1339 sets out in detail the maintenance responsibilities of the State, said responsibilities shall be incorporated herein by this reference. Therefore, the parties hereto understand that the maintenance responsibilities of the City and State under the above referenced laws are as set forth by Exhibit "A" attached hereto. NOW THEREFORE, in consideration of these facts the parties hereto agree as follows: SECTION la: The State agrees to perform the maintenance on the above mentioned highways consisting of surface maintenance of those portions of municipal extensions of all rural highways, the design of which exceeds the design of the rural highways leading into the municipality. The State shall maintain the entire traveled portion, not including parking lanes thereon,of the municipal extension and the City shall reimburse the State as set out in Section 7a of this agreement for maintaining that portion of said municipal extension which has been designated as the City's responsibility by statute. SECTION 7b. If Section lb of this agreement is incorporated herein, the State will pay the City the sum of $1955.00 per lane mile. No allowance will be made for turning lanes or for lanes used on a part-time basis as parking lanes, or other auxiliary lanes. The above cost figure price per lane mile shall include all labor, equipment, tools,materials and supplies used or furnished by the City in the performance of such work. Fractional miles or fractional months, if any,will be used in computing the amount payable in this agreement. SECTION 7c. If Section 1 c of this agreement is incorporated herein,the costs of partial maintenance by the State and by the City computed by fractional mile or fractional month and_as set out in detail in the addendum, Exhibit "B", shall be offset to determine the amount, if any, to which one party or the other may be entitled after said offset. SECTION 7d. Payment under this agreement will be made on an annual basis after December 31, as soon as possible after submission by the State to the City or the City to the State, as the case may be, of a Certificate approved by the District Engineer of the State,providing all work has been done during the period for which payment is made in full conformity with the agreement. SECTION 8. Upon the failure of the City to perform any of the work named herein under the terms of this agreement,the Director- State Engineer may,with concurrence of the City's Director of Public Works, do and perform such work or cause it to be done and performed and may retain from any monies then due to the City or thereafter becoming due, any such amount as is required for the completion of such work,provided,however,that this paragraph shall not be construed to relinquish any rights of action which may accrue in behalf of either party as against the other for any breach of agreement. - SECTION 9. It is further understood that all persons working on such highways are employees of the State, City or of contracted third parties. All contracts and agreements made by the City with third parties for the performance of any work to be done under this agreement shall be subject to the terms of this agreement and shall comply with all State laws and requirements relating to construction and maintenance contracts. SECTION 10. The City agrees to abide by the provisions of the Nebraska Fair Employment Practices Act, as provided by Neb. Rev. Stat. Sections 48-1101 through 48-1126. SECTION 11. The parties do further agree, anything to the contrary herein notwithstanding,that the Director-State Engineer of the State of Nebraska, either in his individual or official capacity, shall not be responsible or liable in any manner to the City or to any other person or persons whatsoever for any claim, demand, action or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the negligent performance and completion of the work and improvements 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 lay of , 2001. ATTEST: CITY OF Omaha APPROVED AS TO FORM: /ti DEPUTY CITY ATTORNEY Ci Clerk Mayor EXECUTED by the State this day of , 2001 STATE OF NEBRASKA DEPARTMENT OF ROADS Deputy Director RECOMMENDED: APPROVED: District Engineer Highway Maintenance Engineer EXHIBIT"B" City of Omaha Pursuant to Sections la,7a,and 7d of the Agreement and to Exhibit"C"made a part of this Agreement through reference,the State agrees to pay to the City the sum of$1955.00 per lane mile for performing the surface maintenance on those lanes listed on the attached copy of Exhibit 44C,f From Exhibit"C"it is determined that the State's responsibility for surface maintenance within the City Limits is 256.70 lane miles. 256.70 lane miles X$1955.00 per lane mile= $501,848.50 due the City for surface maintenance. Exhibit"C" Page 2 of 2 STATE OF NEBRASKA City of Omaha DEPARTMENT OF ROADS RESPONSIBILITY FOR SURFACE MAINTENANCE OF MUNICIPAL EXTENSIONS Neb.rev.Stat.39-1339 and Neb.Rev.Stat.39-2101 TOTAL TOTAL HWY REF POST LENGTH WIDTH OF DRIVING LANE RESPONSIBILITY DESCRIPTION NO. FROM TO IN MILES STREET LANES MILES STATE CITY Dodge Street to 4 1 g,g8 18.88 103th Street 133 0.00 4.72 4.72 68' West City Limits ' • (187th Street)to 4 59.00 59.00 13th Street 275 175.23 189.98 14.75 48'-68' 13th Street to 2 0.86 0.86 Iowa Nebraska Stateline 275 189.98 190.41 • 0.43 23' Jct Hwy 64 to 4 13.64 13.64 90th Street L28K 12.67 16.08 3.41 40'-66' 30 Street at 1-680 to 4 1.00 1.00 Hwy 75 L28H 0.00 0.25 0.25 48' 277.08 256.70 20.38 Total Lane Miles C 25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr December 1 1 , 2001 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha and the State of Nebraska Department of Roads wish to renew Maintenance Agreement No. 1 whereby the City Street Maintenance Division of Public Works will provide routine maintenance on those segments of the City street system which are also extensions of State highways within the City limits; and, WHEREAS, the last renewal was adopted by the City Council by Resolution No. 512 on February 20, 2001 and ran from January 1, 2001 through December 31, 2001; and, WHEREAS, the State will pay the City $501,848.50 to do the specified maintenance from January 1, 2002 through December 31, 2002 with the other terms of the agreement remaining unchanged. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the renewal of Maintenance Agreement No. 1 between the City of Omaha and the State of Nebraska Department of Roads to provide routine maintenance on street segments of the City street system which are also extensions of State highways within the City limits from January 1, 2002 to December 31, 2002 for the sum of $501,848.50 is hereby approved. APPROVED AS TO FORM: 7/71, CITY ATTORNEY DATE P:WW\12715z.doc tf By ---411111.11fe-ilmember Adopted _EC 11 2001 ' 05;„]:=_ , , City Clerk Approved.::.... Mayor r b t7 >y a 7� Vt CD '-'. p VQ CD .y p 0 ,At, . CD A.) .t CID PC) 00 0 C CD O a • h CD CD Cfq O Lit C/I '�"'' 0 d v'•• 4 `•C p ' O 0 O r' ~+ C CD O • cp • CDCD AQ. O . — O CD CDF-► N eS CO '� O � !31." p,Ii Iti ^ O CD O �'`C P� CD O (\ 0 \ n P � Cn do tS '-'• \ ( = CD �C o, , 4 CD CD fy n © CD , p x' •O-n O cn p p-h COD C. ,�I