RES 1999-2695 - Grant funds for construction of Riverfront Trail north connector pM"A. , Parks, Recreation &
, s� RECEIVFD
Public Property Department
Omaha/Douglas Civic Center
z �tf l,(,�y"`� 1819 Famam Street,Suite 701
�� SEP ill PM 3: g Omaha,Nebraska 68183-0701
(402)444-5900
4r ot'� C(�t'7 FAX 402 444-4921
ED FEBR 1„�I 1 `t CLERK ( )
City of Omaha October'WWYi,t 9 NE ?A S U Larry N.Foster
Hal Daub,Mayor Acting Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution accepting a grant from the State of Nebraska Department of
Roads in an amount not to exceed $4,209,731.00 for construction of the Riverfront Trail-North/
North Omaha Connector. The Riverfront Trail—North portion of this project will result in a trail
from ASARCO north to N.P. Dodge Park. The North Omaha Connector will connect this new
Riverfront Trail to the eventual extension of the Keystone Trail, while passing through Miller Park
and along Sorensen Parkway. In total, this project envisions the construction of 11 new miles of
trails.
Acceptance of this grant will result in the construction of the first major section of Omaha's
Riverfront Trail. It also adds another exciting improvement along the City's Riverfront Corridor.
The Riverfront Trail-North/North Omaha Connector will be the largest trail project, of its kind,to
be initiated in Nebraska and is among the largest to be constructed in the Midwest. The Riverfront
Trail-North and the North Omaha Connector are both products of the"Back to the River"Initiative.
Additionally,these trails have long been anticipated in the Metro Area trail plan. Omaha's Capital
Improvement Program has included this project for several years.
The recently adopted"Bridge 21"plan also included this section of the Riverfront Trail. As this plan
envisioned,this section of the Riverfront Trail will connect to the trail section being constructed as
part of the ASARCO project and,using the pedestrian bridge to be constructed with ASARCO,the
entire Riverfront Trail section will be tied to Heartland of America Park, the Gene Leahy Mall and
Omaha's Downtown.
Federal funding for this project was secured,through the efforts of Senator Bob Kerrey,by a special
appropriation contained within the most recent Transportation Act. Due to this unique funding
source, and the large amount of the Grant,the funding provided by this grant would be available to
be drawn upon by the City in specific yearly installments as illustrated within the Grant Agreement.
The final grant funds will be available in 2003.
• Honorable President
and Members of the City Council
Page-2-
The attached grant offers approximately 80%funding for the eligible project cost as detailed with
the grant Agreement. The City of Omaha is responsible for providing the remaining project funds
which were anticipated, in the CIP,to be provided by the proceeds of Redevelopment Bonds. An
Agreement with the Papio-Missouri River Natural Resources District is being developed which,
should it be approved,will result in the P-MRNRD providing a grant to the City for 50%of the City
cost associated with this project.
The Department of Parks and Recreation requests your approval of this Resolution, acceptance of
the grant and approval of the attached Agreement
Your favorable consideration is requested.
Respect y submitted, Referred to City Counci for Consideration:
/21 -
Larry N. Foster, Acting Director Mayor's Office/Title D e
Parks, Recreation and
Public Property Department
Approved as to Funding:
Louis A. D'Ercoleillf& Da e
Finance Director
P:\PRPP\9221.SAP
AGREEMENT
CITY OF OMAHA
STATE OF NEBRASKA, DEPARTMENT OF ROADS
PROJECT NO. DPS-28(70), STATE CONTROL NO. 21973
RIVERFRONT TRAIL PROJECTS
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 trail projects in the City have been designated as being eligible for
High Priority Project (DPS)funds, by the Department of Transportation, Federal Highway
Administration, hereinafter called FHWA, in compliance with Federal laws pertaining thereto,
and
WHEREAS, DPS funds have been made available by Title 23 of the United States Code,
providing for improvements to the trail system, and
WHEREAS, the Federal share payable on any portion of a DPS project will be a
maximum of 80 per centum of the eligible costs, and
WHEREAS, regulations for implementing the provisions of the above mentioned code
provide that the Federal share of the cost of those projects will be paid only to the State, and
WHEREAS, Section 115 of Title 23, United States Code allows the use of advance
construction on eligible projects, and
WHEREAS, the City desires this project as shown on attached EXHIBIT"A" to be let to
contract and constructed in Federal Fiscal Year 2000, although insufficient Federal funds will be
available, and
WHEREAS, the City is prepared to pay 100 percent of the project costs over
$1,093,089, which is the City's available DPS funding, for the 80 percent Federal share of
eligible costs until DPS funds are available, and
WHEREAS, the City will 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 the improvements of those city streets, and
XL9958
WHEREAS, the State is willing to cooperate to the end of obtaining Federal approval of
the proposed work and Federal funds for the preliminary engineering, right-of-way, and
construction of the proposed improvement, with the understanding that no State funds are to be
expended on this project, and
WHEREAS, the total project obligation costs for preliminary engineering, non-betterment
utility rehabilitation, construction and construction engineering is estimated to be $4,209,731 as
shown in Section 10 of 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, it is the desire of the City that this project be constructed under the
designation of Project No. DPS-28(70), as evidenced by the Resolution of the City Council
dated the Jc'7� day of 6,e--14.0% , 19 , attached as EXHIBIT "B" and
made a part of this agreement, and
WHEREAS, the project is described as follows:
Construction of a bicycle trail along the Missouri River with connector trails to existing
trails in accordance with "The Back to the River Master Plan".
NOW THEREFORE, in consideration of these facts, the State and City 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 City agrees that the State may, at the sole discretion of the State, retain
outside consultant services to act as the State's agent on this project. It is further agreed that
the cost of these consultant services will become a project cost.
SECTION 3. The City, with 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 and shall present all plans, specifications, and estimates to the State for
approval.
4. The Cityagrees toprovide the State with current project schedules and progress
SECTION
9
reports of critical milestones (start date, public meetings/hearings, P.I.H., 100% plans, letting
date, construction start and ending date, etc.)
SECTION 5. The City shall design the project according to the current publications of the
AASHTO Policy on Geometric Design of Highways and Streets, AASHTO Guide for the
Development of Bicycle Facilities, the Minimum Design Standards of the Board of Public Roads
Classifications and Standards, the Americans with Disabilities Act (ADA)Accessibility
Project No. DPS-28(70) -2-
Control No. 21973
Riverfront Trail Projects
Guidelines, Manual of Uniform Traffic Control Devices. 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. Any deviations from the above must be approved by
the State.
SECTION 6. Any preliminary engineering services to be performed by the City or by a
Consultant will require prior approval of the State to be eligible for FHWA funding. Monies
received from the FHWA will be remitted to the City after the State's expenses have been
deducted. If the City requests FHWA funding for preliminary engineering services to be
performed by a Consultant, the City shall furnish the State written documentation of efforts to
secure the services of minority business enterprises.
SECTION 7. 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 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 will conform to the State's standard
practices and shall 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 publications of the State of Nebraska Standard Specifications for Highway
Construction, the State Materials Sampling Guide and the State Standard Methods of Tests.
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, 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 and are on
file with the City. Any deviations from the specification requirements for sampling and testing
must be identified and explained in the certification letter. The State 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
State will provide a State Representative designated by the State on a part-time basis who will
serve to inspect the project and ensure that the City is in compliance with the contract, plans,
scope of work, regulations, statutes, etc., in order that Federal funds may be expended on the
project and who will conduct a final review of the project. The City shall contact the District
Engineer, John Jacobsen at 4425 S. 108th St., P.O. Box 45461, Omaha, Nebraska
Project No. DPS-28(70) - 3 -
Control No. 21973
Riverfront Trail Projects
68145-0461, (402) 595-2534, for State Representative assignment. It is understood that any
construction engineering services furnished by the State will be considered part of the cost of
the project and the State's expenses will be included as costs of the project.
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, keeping the State's project representative
informed of project start and ending dates and other scheduled construction milestones, project
management as required and preparing contractor change orders and supplemental
agreements.
SECTION 8. The State agrees to reimburse the City using the City's available DPS funds for
the cost of preliminary engineering. The cost of preliminary engineering is currently estimated
to be $750,000.00, with the Federal share being $600,000.00. The City can bill the State no
more often than monthly for preliminary engineering costs incurred by the City. The State will
pay the City for 80 percent of each billing until the City's available DPS funds has been
reimbursed. Final payment of the Federal share will be made after final review and acceptance
of the project by the State and a final audit, if deemed necessary, has been performed to verify
actual eligible costs.
SECTION 9. The State and City agree the City is to advertise and conduct a letting and receive
bids for the contemplated improvement. The selection of low bidders and the awarding of a
contract or contracts must be submitted to the State for concurrence. The City shall sign the
contract or contracts. After signing, the City shall send a copy of the signed contract, including
all plans and specifications, to the State's Urban Engineer and to the District Engineer. Prior to
advertising for Project Letting, the City shall forward Right-of-Way Certificate to the Urban
Engineer for State approval. The City shall receive written authorization from the State prior to
advertising for bids.
SECTION 10. The State agrees to reimburse the City, using DPS funds, contingent upon
availability, for 80 percent of the actual eligible cost of the improvement. Progress billings to
reimburse the City may be submitted by the City no more often than monthly. The State will pay
80 percent of each billing until the City's available DPS funds has been reimbursed. The City
shall maintain copies of all payment records for submittal when Federal funds become available.
Final payment of the Federal share will be made after final acceptance of the project and a final
audit, if deemed necessary, has been performed to verify actual costs. The City agrees to
Project No. DPS-28(70) -4 -
Control No. 21973
Riverfront Trail Projects
reimburse the State for any overpayments discovered by the State or its authorized
representative.
The City understands the State may at its discretion, initiate progress invoices for costs
incurred by the State during the progression of the project. The City agrees to pay the State
within thirty days after receipt of a billing from the State. •
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.
If the City's federal allocation balance is not sufficient to reimburse the full federal share
of eligible expenses one year after the contract is awarded, the State will continue to reimburse
yearly from the City's available DPS funds until the Federal share of eligible expenses has been
reimbursed.
In the event additional DPS funds do not become available, the City will be responsible
for 100 percent of the project costs over the presently available DPS funds of$1,093,089.00.
The following figure is an estimate of the DPS funds for the project:
Percent
Obligation
Fiscal Year Percent Per Year Apportionment Authority(O.A.) O.A. Available
1998 11 526,460 87.63 $ 461,337
1999 15 717,900 88.00 631,752
2000 18 861,480 88.0 758,102
2001 18 861,480 88.0 758,102
2002 19 909,340 88.0 800,219
2003 19 909,340 88.0 800,219
4,786,000 $4,209,731
The amount of funding available is subject to change by the Federal Government.
SECTION 11. 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 12. 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 13. 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
Project No. DPS-28(70) - 5 -
Control No. 21973
Riverfront Trail Projects
•
engineering, acquisition of Right-of-Way and construction be accomplished in accordance with
the appropriate Federal requirements.
SECTION 14. 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 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 Section 17 of this agreement.
SECTION 15. The City shall have on file with the State an acceptable drug-free workplace
policy.
SECTION 16. MINORITY BUSINESS ENTERPRISES
A. Policy •
The City agrees to ensure that minority business enterprises as defined in 49 CFR
Part 23 shall have the maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds under this agreement. Consequently, the
minority business requirements of 49 CFR Part 23 are hereby,made a part of and incorporated
by this reference into this agreement.
B. Minority Business Enterprises Obligation
The City and State agree to ensure that minority 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 minority 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 minority 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.
Project No. DPS-28(70) -6 -
Control No. 21973
Riverfront Trail Projects
SECTION 17. NONDISCRIMINATION CLAUSES
its the performance of this agreement, the City, for itself, t s 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, 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 City
shall 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 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
nthe
City's obligations under this agreement andRegulations 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 will 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:
Project No. DPS-28(70) - 7-
Control No. 21973
Riverfront Trail Projects
(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 paragraphs (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 streets which affect the function or operation of the
improvement 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 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 completion of this project, 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 20. 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, 21 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, Federal Highway Administration, 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 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
Project No. DPS-28(70) - 8-
Control No. 21973
Riverfront Trail Projects
•
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 the 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. 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 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
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 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 23. The City 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 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 1990), 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
Project No. DPS-28(70) - 9 -
Control No. 21973
Riverfront Trail Projects
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 with the Manual on
Uniform Traffic Control Devices. Before final acceptance of the project by the State, all project
signing and marking must be in conformance with the current edition of the Manual on Uniform
Traffic Control Devices.
SECTION 26. 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 these 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.
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 Federal
Highway Administration 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 27. The State and City agree 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 28. 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 the project or any portion of this project, the City is
responsible for full project payment with no cost or expense to the State in the project or portion
of this project. Should the project be abandoned before completion, the City shall pay all costs
incurred by the State prior to such abandonment.
Project No. DPS-28(70) - 10 -
Control No. 21973
Riverfront Trail Projects
SECTION 29. The State and City(Omaha)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.
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 day of ‘.7CT 1—e, , 1999.
WITNESS: CITY OF OMAHA
Buster Brown Hal Daub
Cityd/Z,/
Y
erk ACTING Mayor
na
EXECUTED by the State this day of oc it 6 1 , 1999.
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Monty W. Fredrickson, P.E.
De uty 9'rector-Engineering
RECOMMENDED:
John R. J cobs P.
District Engineer
AGR33-HA
Project No. DPS-28(70) - 11 -
Control No. 21973
Riverfront Trail Projects
XL9958
•
SKETCH MAP
EXHIBIT "A" • ���,JI9
1 :
Project Map I �1•JA` !', I ri(-
... ' i .._\ #, .
-Roma--!.---- At i( • . -.0..... .._---- -
r
�� ..,, r '�` Riverfront Trail—North
North Omaha Connector Trail • 1 • Omaha Municipal Dock to
Pershing Drive to 72"s Street ��' N.P. Dodge Park
tea•« -- "re:. � -/' ,1 1'', •v R �-
r ,r• 11 a w. •t t l .
\.\'`\
'Lea:a / , LI-Il/ear }•• J - . "1•
.."•. ,A'
of . .i . e .or ► �I 1 • t
` - W. .• .• :. ••• -:�••4•' r_ 1' •., �.�-R •, ' sQ \1
• .'�. �� A S � • 1 NIL• G� •�
. . lig:;. I a si• .,
r,... ,,,
'4.4441151111-' • • "7 ''.6 11;61. C '.-_,
r ..,
4.- —:7.aZ..,s—
r. •. •— e — 1 _ �1.,:
•: ram_--
1 _ •1 _ - •, .ear• .... 1-...s1aM...ru
-1=/I.
it—.
,••
b7.
p11,I••...
4
c.',.4.4,•.;:a-_..:—.?•.—.•
•4••. : ..,.4•7.i'i.?t.'.i_...
r y
,1 .tear .. . {(1f�y
. •
«: n •ril• ] i.. : 1.r`.: _ 1 ;" tit, ,L r ..4*.
.4WN_M itiAlt 11WFIIA: ' !
r . k' ; r
.......„..,•.,.._..1 1\1 \.0‘.'\
l�l•lb - •-
.1 ,i ���: �� �. 1 r T ii i t r I ....Ill; _• " i
mit l �-=;• = - •
. City of Omaha • 'I tt it II
_ — . �—,r� ii1IIb1
i:
•
•
••Vl•
}i .:ear -__
•
r k-f::_
o 1• ' ,._ .• _•teat, 1_. �, �1;Jw ��..M1M�.
e.. 4 J, _ _ _ = 1 '.1J - eat 71 ,,
i _ ;.. ..1.. • .C.Y "T7 .
iii„ . .
Riverfront Trail —North / i - . u --
North Omaha Connector Trail - (, 'i ( 4M
�f— 1 • 2 i'k...) f
0- ii I RI. .. J. gl_ il:::=Let :
� teat
I
Project DPS-28(70)
Riverfront Trails Projects EXHIBIT "A"
• c-2sat CITY,OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr October 5 19 99
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha and the Papio Missouri River Natural Resources
(P-MRNRD) along with Douglas County, through a series of prior agreements, have jointly
constructed portions of trails throughout the area; and,
WHEREAS,the City and the P-MRNRD now desire to construct the Riverfront Trail-
North/North Omaha Connector,the first major section of Omaha's Riverfront Trail; and,
WHEREAS,the City,through its Department of Parks,Recreation and Public Property
Department,received a grant offer from the Nebraska Department of Roads; and,
WHEREAS, this grant offers $4,209,731.00, approximately 80% funding for the
eligible project cost, as detailed within the grant agreement; and,
WHEREAS, the City of Omaha is responsible for providing the remaining project
funds,with the P-MRNRD considering a grant to the City for 50% of the City's match requirement
associated with this project; and,
WHEREAS,funds in the amount of$1,052,432.00 represents the City's share of the
project cost, of which 50% may be provided to the City by a grant from the P-MRNRD; and,
WHEREAS,acceptance of this grant is in the best interest of the citizens of Omaha;
and,
WHEREAS,the Mayor has recommended the approval of this Grant Agreement and
the acceptance of the funds.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, as recommended by the Mayor, the City of Omaha hereby accepts the grant
funds from the Nebraska Department of Roads in an amount not to exceed $4,209,731.00 for the
construction of the Riverfront Trail-North/North Omaha Connector and approves the Grant
Agreement.
By
Councilmember
Adopted
City Clerk
Approved
Mayor
, ,
`C-257�t
T CITY,OF OMAHA
LEGISLATIVE CHAMBER
October 5, 99
Omaha,Nebr l 9
r PAGE 2
,
FURTHER THAT, the Finance Director is authorized to pay the City's 20% share of 1
the project, estimated as $1,052,432.00, and 100% of the project cost once the state's financial
obligation has been met from Redevelopment Bond proceeds.
BE IT FURTHER RESOLVED:
THAT,the Finance Director is authorized to initially pay from.Redevelopment Bond
proceeds, 100% of the project costs, over$1,093,089, which is the federal grant funding currently
available to the City for the 80% share of eligible costs, until the year by year grant funds become
available and to thereafter anticipate reimbursement in accordance with the attached Grant
Agreement
I
APPROVED AS TO FORM:
a ads- 9
ft Y ATTORNEY DATE
P:\PRPP\9686.SKZ
GL-Q 02 W-70-e-k
By
Councilmember
Adopted . 1..-..5..�99 .. .... :.D
C'ty erk
Approved /e�j/� , 41)
ACTING Mayor /'
r . 1
ro rM a, l- O 0 rd r-r rTJ O {A 5. 0 E n 4 r' a
Z a> n O C) O' 4 CAD N p d O O 0 ` cn jJ r
iPo r � 0 � oCa; OCD .p 0 $ c
CD Co cn oo - C -' w o ,-.. r+ o .., p r 1 �.
� •
Cr
12• o • O. 7y � o A) °:9 r* a P �
CD Z
'� ( tee iA c G ram•, -r O ''t = a. ,. n
o t UJ CD o -,, o a� N a� �°
h. �, a. Ua ' '+ r� O 0 o. E. d t< CD
t 0 v+ — CD CD Cr CD CCD '-. O ''ri n ¢
z IS , 0 CD Z CI) CD = o 0 '' 0 p.
pro �_? co �• CD n CD P-cs d ,�y ¢
tZ a R ' •t ° o cD N =- O 0) `d
0 , � 00 0 cp a, o p n � R - oo
`n CD UQ ' OCD Oco ¢ - aOON• CDC) N "
g- ,•t r-r CD c!Q ►1 P, R, Z r-F cn o CD cn , CD J cn CD