RES 1997-0243 - Agmt with NDOR for adding walkway on north side of Little Papio Creek bridge [[ S
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� `i 4°,r �, ; Public Works Department
c, ►�„flek> Omaha/Douglas Civic Center
;` `�j�t, n 3 5r i'I: 1819 Farnam Street,Suite 601
®, (`� J ; January 14, is ,`7.�fiti r` Omaha,Nebraska 68183-0601
o,P' - - '. - ry, (402)444-5220
IS Telefax(402)444-5248
RATEDFE130) CaY CL .
`�E is S t Don W.Elliott,P.E.
City of Omaha 01, A Public Works Director
Hal Daub,Mayor
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 Department of Roads relative to the replacement of the Little Papio Creek
Bridge on "L" Street (US-275) between 63rd Street and.64th Street. This project is identified as
Federal Aid Project STR-275-7(1025) and State Control No. 21627.
The State of Nebraska Department of Roads will pay for the entire cost of the replacement for the
bridge except for the cost of the 2.1 meter wide walkway on the north side of the bridge. The
estimated cost of the walkway, including design, construction, and inspection is $100,000.00. The
City will be responsible for the entire cost of the walkway.
The actual cost of the project and the City's share will be determined following a bidding process
undertaken by the Nebraska Department of Roads, at which time the City Council will be advised
of the bid results and asked to concur with a contract award to the lowest responsible bidder. The
City's share of the project cost will be paid from the Street Improvement Organization 1444, Fund
103. This cost will be paid out of 1996 funds.
The Public Works Department requests your consideration and approval of the attached Resolution
and Agreement.
Respectfully submitted, Referred to City Council for Consideration:
1 -- '.. 1\1) ram. z� 66 1-a-97
I Don W. Elliott, P.E. /yi [ate .M or's Office/Title Date
Director
• •ved: This action has been reviewed and found to be
in conformance with the Master Plan.
Louis A. D'Ercole ate Jr Planning Departm t/Title Date
Acting Finance Director 1
P:\PW1\5453.SKZ
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AGREEMENT
PROJECT NO. STR-275-7(1025) , STATE CONTROL NO. 21627
CITY OF OMAHA
STATE OF NEBRASKA, DEPARTMENT OF ROADS
LITTLE PAPIO CREEK BRIDGE REPLACEMENT
THIS AGREEMENT, made and entered into this 42. day of
Feb/lig 1997, by and between the City of Omaha, a municipal
corporation of the State of Nebraska, hereinafter referred to as the "City, " and
the State of Nebraska, Department of Roads, hereinafter referred to as the
"State."
WITNESSETH:
WHEREAS, it is the desire of the parties that a portion of Highway US-275
in Omaha be improved at the location as shown in Exhibit "A" attached, which is
hereby made a part of this agreement, and
WHEREAS, said improvement is located within the designated urban area of
Omaha, Nebraska, and funds administered by the State, hereinafter known as
"State Funds, " have been made available for the construction of improvements such
as this, 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 further desire of the City that the proposed urban
construction be included in a project under the designation of STR-275-7(1025) ,
as evidenced by the Resolution of the City Council dated the /4"day of
9.7211,7 , 19 97, attached hereto, identified as Exhibit "C, " and
Y a ghereb made part of this agreement, and
WHEREAS, the description of the project is as follows:
Replace the Little Papio Bridge including new bridge, guardrail, approach
slabs, roadway lighting and a walkway 2.106 Meters wide on the north side of
the bridge.
NOW THEREFORE, in consideration of these facts and the mutual promises of
the parties hereto, it is hereby agreed that the construction or reconstruction
of the aforesaid highway between construction limits described in Exhibit "A"
attached hereto, denoting Project No. STR-275-7(1025) , shall be accomplished
according to and in the manner provided by plans and specifications to be
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prepared by the State, which are to be, by this reference, made a part of this
agreement.
And the parties agree further as follows:
SECTION 1. The City agrees:
(a) To pass and enforce an ordinance as required to effect the following
restrictions within the project limits: No Parking
(b) To prohibit filling stations, service stations or other business
establishments being located in such a way that vehicles being served
will be required to stand on said public highway right of way.
(c) To require that all future entrances from private property to the
public right of way within the limits of this project receive prior
• approval of the Director-State Engineer or his authorized
representative.
(d) To clear, at no cost to the State, the present right of way of this
project of all advertising signs. The City also agrees, at no cost to
the State, 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
from the City and approved by the State and Federal Highway
Administration.
(e) 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 Exhibit "B" attached
hereto and hereby made a part of this agreement. The reference to
"Contractor" in this exhibit shall mean the "City. "
(f) MINORITY BUSINESS ENTERPRISES
(1) Policy
The City and State further agree 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
Project No. STR-275-7(1025) -2-
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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.
(2) Minority Business Enterprises Obligation
The City and State further 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.
On any work performed by the City, 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.
(g) Any changes in the roadway geometrics, either during project
construction or after the project is completed, including but not
limited to access control, driveways, median breaks, parking
restrictions or any other traffic control items shall require prior
approval of the State with Federal Highway Administration concurrence.
(h) To provide, where the proposed construction involves a change in the
grades established by City ordinance, that an amendment to said
ordinance be passed, reestablishing said grades as shown in the plans
without cost to the State.
Project No. STR-275-7(1025) -3-
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SECTION 2. It is agreed and understood by the parties hereto that Federal-Aid
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, Federal Highway Administration, as
supplemented, revised or updated heretofore, is hereby expressly made a part of
and incorporated into this agreement by this reference. By signing this
agreement, the City agrees to adopt, on the improvement contemplated in this
agreement the Nebraska Department of Roads' Policy for Accommodating Utilities on
State Highway Right of Way issued by the State August, 1989, and its subsequent
revisions or additions.
The City further agrees:
(a) To comply with Neb.Rev.Stat. §39-1361 (Reissue 1988) , and the rules and
regulations of the Department of Roads before making or allowing to be
made, any utility excavation, pavement cuts or performing other
activity upon said highway, and shall be responsible to see that all
such work is performed according to the rules and regulations of, and
by authority of a permit granted by the Department of Roads of the
State of Nebraska.
(b) To furnish or cause to be furnished all of the labor, tools, equipment
and materials for the rehabilitation of its municipally owned utilities
as made necessary by the construction of this project.
(c) To prepare and submit to the State upon receipt of preliminary
construction plans for this project a plan and estimate detailing
anticipated location and nonbetterment costs for the rehabilitation of
all municipally owned utilities as made necessary by this project. It
is mutually understood that all nonbetterment municipal utility
rehabilitation costs within the corporate limits of the City will
become a project cost, but that outside said City limits only the
nonbetterment portion of the rehabilitation costs of facilities
currently occupying private right of way will be reimbursed. The cost
of nonbetterment rehabilitation of municipally owned and operated
utilities within the corporate limits is currently unknown. Should
this project necessitate the nonbetterment rehabilitation of any
municipally owned and operated utilities, the parties hereto agree to
enter into a supplemental agreement to provide for the construction of
Project No. STR-275-7(1025) -4-
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the nonbetterment utilities and the reimbursement to the City for the
State's share of the costs of the rehabilitation of municipally owned
and operated utilities. Said supplemental agreement shall be entered
into prior to utility work beginning.
(d) That the hiker/biker trail along the Little Papio Creek and under the
bridge shall be closed during the duration of the bridge reconstruction.
(e) To pay the State within thirty days after receipt of a billing from the
State, the City's share of the project cost. The City's share of the
costs shall be the lump sum amount of $100,000.00, which is estimated
to be the cost of the walkway on the north side of the bridge. Upon
completion of 50 percent of the bridge, the State will bill the City in
the amount of $50,000.00. Upon completion of the bridge, the State
will bill the City in the amount of $50,000.00.
SECTION 3. The Federal share of this project shall 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 4. All traffic control devices will conform to the latest approved
edition of the Manual on Uniform Traffic Control Devices. If the City is to
perform or contract for any work, they will develop a traffic control plan. The
plan will be provided to the State's Project Manager for approval and
acceptance. It will be the City's responsibility for the operation and
maintenance of the approved traffic control plan.
SECTION 5. The City agrees that it will, without any cost to the State, provide
and pay for the electrical energy for all of the luminaires of the roadway
lighting system which may be constructed as a part of this project, including the
electrical energy which may be required during the construction period of the
project for lamp stabilization, luminaire adjustment, and system testing.
Electrical energy shall be provided for dusk to dawn lighting, and the lighting
level shall be uniform and constant through the hours of darkness. The City
shall not knowingly permit any of the luminaires to remain inoperative for any
unreasonable length of time. The City shall also provide all required
maintenance for the said lighting system at no expense to the State. Such
required maintenance will include but not be limited to the repair or replacement
of all defective and burned out lamps as may be discovered or reported or as may
be revealed by at least monthly routine maintenance patrols, the routine cleaning
Project No. STR-275-7(1025) -5-
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of luminaires annually and also for repair or replacement of any part of the
roadway lighting system which might be necessary as a result of material
deterioration or mechanical or electrical failure. In the event any part of the
lighting system is damaged, the City will be responsible for furnishing
replacements for any equipment which is so damaged and will furnish all labor and
other material necessary and will complete the repairs at no cost to the State.
It is further understood that the City shall be entitled to all damages collected
from any wrongdoer who may have put the City to the expense of having to repair
the damaged lighting installation.
SECTION 6. The State hereby grants to the City a permit to use State highway
right of way in the vicinity in which such roadway lighting will be constructed,
for ingress and egress for the purpose of operating and maintaining the said
roadway lighting in accordance with this agreement. The City further agrees to
comply with all traffic safety regulations, including those prescribed in the
latest approved edition of the Manual of Uniform Traffic Control Devices and to
use extreme caution when working in the State right of way and not block or
encroach upon any traffic lane without first providing a flagperson to direct
traffic.
thatplans and specifications 7. It is hereby agreed for the above
mentioned project will be on file in the office of the Department of Roads,
Lincoln, Nebraska.
SECTION 8. The City and State will fully cooperate to cause the removal from
public right of way, or correction or alteration in the public right of way, as
necessary for the construction of the aforesaid project, of all pipe lines, poles
or other underground or overhead services not owned by the City.
SECTION 9. The State hereby agrees:
(a) To prepare and convey to the City, prior to construction, plans for the
proposed subject project.
(b) To advertise and conduct a letting and receive bids on the contemplated
improvement. The City agrees that the State will award the contract to
the lowest responsible bidder and that said contract shall be signed
only by the State.
(c) To supervise and cause completion of the construction of the
improvement as shown in the plans.
Project No. STR-275-7(1025) -6-
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(d) To acquire all additional right of way and do all things, in pursuance
of the aforesaid project, not specifically assumed by the City.
(e) To reimburse the City for the nonbetterment rehabilitation of
municipally owned utility facilities as provided in Section 2(c) .
(f) To construct that portion of the project located outside the City.
limits without cost to the City, except as provided in Section 2(c) .
(g) To design as a part of this project a lighting system which meets
present-day lighting standards.
SECTION 10. The parties hereto agree that the State shall make sole
determination as to the scheduling of the construction for this project.
SECTION 11. The parties hereto agree that:
(a) Pursuant to Section 8.05 of the Home rule charter, no elected official
or any officer or employee of the City shall 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
shall render the contract violable by the mayor or Council.
(b) This contract contains the entire agreement of the parties. No
representations were made or relied upon by either party other than those
that are expressly set forth herein. No agent, employee or other
representative of either party is empowered to alter any of the terms hereon
unless done in writing and signed by an authorized officer of the
representative parties.
Project No. STR-275-7(1025) -7-
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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 thisday of , 11;e
ATTEST: CITY OF AHA
erk Ma orr
EXECUTED by the State this ( a_ day of AOrt-- 19,97.
STATE OF NEBRASKA
DEPARTMENT OF ROADS
(I0,421Z------
D put Director-Engineering
RECOMMENDED:
Dis ict Engi r
AGR19-H.D
APPROVED AS 0 FORM:
ASS'T,CITY ATTORNEY
Project No. STR-275-7(1025) -8- 971Omaha L. 2
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275- 7(1 025 ) •
EXHIBIT //Ai,
C.N. 21627 .
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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.
(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 limited 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 addition, the
contractor may request the United States to enter into such litigation to
protect the interests of the United States.
EXHIBIT "B"
q
‘c ZSA CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr January 14 19 97
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,the State of Nebraska will be replacing the Little Papio Creek Bridge on
"L" Street(US-275)between 63rd Street and 64th Street; and,
WHEREAS,the City would like to have a 2.1 meter wide walkway on the north side
of the bridge; and,
WHEREAS,the additional cost for the walkway is the financial responsibility of the
City and is estimated to be $100,000.00; and,
WHEREAS, the terms and conditions of the agreement are listed in the attached
Program Agreement, which by this reference becomes a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT,the Program Agreement with the State of Nebraska Department of Roads for
adding a 2.1 meter wide walkway on the north side of the Little Papio Creek Bridge is hereby
approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay $100,000.00 from the Street
Improvement Organization 1444,Fund 103.
APPROVED AS TO FORM:
. A SIS CITY ATTORNEY DATE
P:\PW 1\5454.SKZ
By -44-
Councilmember
Adopted ra j AN I .1997 ---
City C1 k
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