RES 2023-0838 - Agreement with MAPA for creating streamlined and performance-based transportation programs and policies City Clerk Office Use Only:
202-5—083� Publication Date (if applic ble):
RESOLUTION NO. g 2 �23
Agenda Date:
Department: 11/414-11-/�7
Submitter: J 914 ' 4
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the Omaha-Council Bluffs Metropolitan Area Planning Agency (MAPA) is
providing for professional services described herein and within the MAPA FY 2024 Unified Work Program
(hereinafter referred to as the "FY 2023 Program"); an-',
WHEREAS, the Omaha-Council Bluffs Metropolitan Area Planning Agency (MAPA) desires to
contract with the City of Omaha to perform certain transportation planning activities identified in 23 USC
Section 134; 23 CFR Part 420, subpart A, and Part 450, subpart C and incorporated into MAPA's FY 2024
Program Exhibit 1 and incorporated hereto by reference; and,
WHEREAS, the proposed Agreement between the Omaha-Council Bluffs Metropolitan Area
Planning Agency (MAPA) and the City of Omaha sets forth that the City of Omaha, through its Planning
Department, agrees to develop and refine the transportation planning process; and,
WHEREAS, the Omaha-Council Bluffs Metropolitan Area Planning Agency (MAPA) agrees to
compensate the City of Omaha Planning Department on a cost reimbursement basis for costs incurred and to
include direct costs not to exceed, in any event, $40,373.00 less independent audit and inspection fees,
unless acceptable compliance with Office Management and Budget (OMB) Circular A-133 can be substituted;
and,
WHEREAS, the City of Omaha agrees to contribute in cash or in-kind services a minimum
requirement of $17,303.00; and,
WHEREAS, it is in the best interests of the residents of the City of Omaha to enter into such a
proposed Agreement with the Omaha-Council Bluffs Metropolitan Area Planning Agency; and,
WHEREAS, the Omaha-Council Bluffs Metropolitan Area Planning Agency has complied with
the Contract Compliance Ordinance No. 28885 in relation to Civil Rights-Human Relations; and,
WHEREAS, the Mayor has recommended approval of such proposed Agreement with the
Omaha-Council Bluffs Metropolitan Area Planning Agency.
RESOLUTION NO. 2023--DS
PAGE 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
THAT, the attached Agreement between the Omaha-Council Bluffs Metropolitan Area
Planning Agency and the City of Omaha, setting forth that the City of Omaha, through its Planning
Department, agrees to perform certain transportation ;planning activities and the Mayor and City Clerk are
hereby authorized to execute and attest the attached Agreement. In-kind services provided by the Planning
Department or funds in the amount $17,303.00 shall be paid from the Planning Department, Fund 11111 and
Organization 109031.
3441 dlh APPROVED AS TO FORM:
ASSISTANT CITY AT ORNEY DATE
Adopted: AUG 2 2 2023 573
Attest:
City Clerk
Approved: oku �� . 1�
Mayor
ACTING.
CONTRACT COVER PLATE
CONTRACT IDENTIFICATION
1. Contract Number: 24503100003
2. Project: 310 Omaha Planning—FY 2024
3. Effective Date: July 1, 2023
4. Completion Date: June 30, 2024
CONTRACT PARTIES
5. Contractor Name and Address:
City of Omaha
Planning Department
1819 Farnam Street
Omaha, NE 68183
6. The Planning Agency:
The Omaha-Council Bluffs Metropolitan Area Planning Agency
2222 Cuming Street
Omaha, Nebraska 68102
ACCOUNTING DATA
Federal (FHWA PL) $40,373.00
Local Match $17,303.00
Total $57,675.00
CFDA Number 20.205
DATES OF SIGNING AND MAPA BOARD APPROVAL
7. Date of MAPA Board Approval-
8. Date of City Approval — PO/11 1 22) z-02.3
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT entered into this first day of July, 2023 by and between City of Omaha, Nebraska on
behalf of the City of Omaha Planning Department, 1819 Farnam Street, Omaha, NE 68183 (hereinafter
referred to as"the City")and the Omaha-Council Bluffs Metropolitan Area Planning Agency, 2222 Cuming
Street, Omaha, Nebraska, 68102 (hereinafter referred to as "MAPA"), providing for professional services
described herein and within the MAPA FY 2024 Unified Work Program (hereinafter referred to as the"FY
2024 Program").
NOW, THEREFORE, it is mutually understood and agreed by the parties hereto as follows:
1. EMPLOYMENT OF THE CITY
The City agrees to undertake certain transportation planning activities identified in 23 USC Section
134; 23 CFR Part 420, subpart A, and Part 450, subpart C and incorporated into MAPA's FY 2024
Program Exhibit I and incorporated hereto by reference. This Agreement shall be subject to all
required provisions of the Nebraska Department of Transportation ("NDOT")Agreement Project No.
PLM-1(61)attached as Exhibit II and incorporated hereto by reference.
2. AREA COVERED
The area to be covered in the study under this Agreement shall be Omaha, Nebraska.
3. SCOPE OF SERVICES
A. The City shall do, perform, and carry out the duties stated herein and in accordance with
MAPA's FY 2024 Unified Work Program for transportation planning activities for the
Omaha-Council Bluffs Metropolitan Area. The work will include the various work activities
within work element 310 identified below and Exhibit III.
31003 Omaha Planning Activities
The City of Omaha Planning Department will develop and refine the transportation planning
process. Work activities will include, but are not limited to, land use development, bicycle and
pedestrian count program, regionally significant long range planning studies for climate action
plan, bicycle pedestrian action plan, affordable housing, and electric vehicle charging
strategy.
B. The City shall develop progress reports documenting their work activities and studies
undertaken under the terms of this Agreement. These reports shall be of a quality suitable for
publication, but will not ordinarily be intended for wide distribution. The documents shall be
written in a style and form suitable for a technical audience rather than the mass public. Such
reports shall contain the following information:
1. Activities completed in the quarter.
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2. Percentage completion.
3. Number of hours completed by employee by activity for the quarter.
4. Activities to be completed next quarter.
5. Any existing or expected concerns about completed activities included in the scope.
C. The aforementioned reports shall be prepared for no less than the work activities specifically
cited within Section 3, Scope of Services. The remaining work activities within the FY 2024
Program may be documented in a single report or additional reports as is mutually agreeable
to MAPA and the City.
D. The City will cooperate with MAPA in the preparation of information and reports to meet in a
timely manner, the requirements of NDOT. MAPA will be provided a copy of data and reports
developed as a result of this Agreement.
E. The City will be available to provide quarterly oral reports to the MAPA Transportation
Technical Advisory Committee and the MAPA Board of Directors when necessary and will
submit written quarterly progress reports. These progress reports will provide, for work
element 310 the following information: work performed during the completed quarter,
conformance to approved project scope, percent completed, if on schedule, and planned
activities for the next quarter. These reports need to be submitted no later than thirty(30)days
after the end of each quarter.
4. PERSONNEL
A. The City represents that it has or will secure all personnel required in performing the services
under this Agreement without exceeding the project budget. Such personnel will not have any
other financial interest pertaining to work covered by this Agreement.
B. All of the services required hereunder shall be performed by the City or under its supervision
and all personnel engaged in the work shall be fully qualified and authorized under state and
local law to perform such services.
C. All subcontracted services covered by this Agreement shall be reviewed and approved prior to
contracting by MAPA and NDOT.
5. TIME OF PERFORMANCE
The City agrees to perform the services of this Agreement as outlined in the FY 2024 Program
and stated herein, within the time of this Agreement. The agreement shall cover work performed
beginning July 1, 2023 and ending June 30, 2024.
6. COMPENSATION
Contingent upon receipt of Federal Highway Administration (FHWA) PL funds from NDOT under
Agreement Project No. PLM-1(61), MAPA agrees to pay for the services rendered by the City
under the terms of this Agreement, compensation on a cost reimbursement basis for costs
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incurred and to include direct costs not to exceed in any event forty thousand three hundred
seventy-three dollars ($40,373) less independent audit and inspection fees, unless acceptable
compliance with 2 CFR 200 can be substituted. The City agrees to contribute in cash or in
services a minimum requirement of seventeen thousand three hundred and three dollars
($17,303). Services shall be defined as staff time paid with non-federal dollars or equipment
purchased with non-federal dollars. (Exhibit III)
Payments for work under this agreement will be made based on actual costs up to a
Maximum-Not-To-Exceed amount identified in the preceding paragraph. Actual costs include
direct labor costs, direct non-labor costs, and overhead costs.
A. Direct Labor Costs are the earnings that individuals receive for the time they are working
directly on the project.
a. Hourly Rates: For hourly employees, the hourly earnings rate shall be their
employee's straight time hourly rate for the pay period in which the work was performed.
If overtime hours are worked on this project, the premium pay portion of those hours is
not allowable as a direct labor cost. For salaried employees, the hourly earnings rate
shall be their actual hourly rate as recorded in the City's accounting books of record.
b. Time Reports: The hours charged to the project must be supported by
adequate time distribution records that clearly indicate the distribution of hours to all
projects/activities on a daily basis for the entire pay period. Time reports must provide a
clear identifying link to the projects: such as project description, project number,
pertinent work phase, dates of service, and the individual's name and position. There
must be an adequate system of internal controls in place to ensure that time charges are
correct and have the appropriate supervisory approval.
B. Direct Non-Labor Costs: These costs include all necessary, actual, and allowable costs
related to completing the work under the agreement, including but not limited to: meals,
lodging, mileage, subject to the limitations outlined below; communication costs; reproduction
and printing costs; special equipment and materials required for the project; special insurance
premiums if required solely for this agreement; and such other allowable items. Purchases of
such items should follow federal funding procurement process. Meal and lodging expenses
shall not exceed IRS published per diem rates for the region. Alcoholic beverages are not
considered to be an allowable expense and are not reimbursable.
A non-labor cost charged as a direct cost cannot be included in the City's overhead rate. If for
reasons of practicality, the consultant is treating a direct non-labor cost category, in its entirety,
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as an overhead cost, then costs from that category are not eligible to be billed to this project
as a direct expense.
City shall submit to the Planning Agency an invoice or billing itemizing all direct non-labor
costs claimed for work under this agreement, and all supporting receipts or invoices.
7. ACCOUNTING RECORDS
A. The City shall establish and maintain accounts for the project in a manner consistent with
applicable provisions of 2 CFR, Subtitle A, Chapter 2 Part 200 Subpart F.
B. Expenditures shall be in conformance with the standards for allowability of costs set forth in 2
CFR 200.
C. The City shall establish and maintain separate accounts for expenditures under this
Agreement.
D. If necessary, the Federal award information needed for SEFA includes:
Federal Grantor: US Department of Transportation - Federal Highway Administration
Pass-Through Grantor: Omaha-Council Bluffs Metropolitan Area Planning Agency
Program Title: Highway Planning and Construction
CFDA Number: 20.205
Contract Number: 24503100003
E. The City shall maintain an accurate cost-keeping system as to all costs incurred in connection
with the subject of this Agreement and shall produce for examination books of account, bills,
invoices and other vouchers, or certified copies thereof if originals are lost, at such reasonable
time and place as may be designated by MAPA, FHWA or a designated Federal representative
and shall permit extracts and copies thereof to be made during the period and for three (3)
years after the final FHWA-MAPA audit is completed, resolved and closed.
F. The City shall at all times afford a representative of MAPA, FHWA, or any authorized
representative of the Federal government, reasonable facilities for examination and audits of
the cost account records, shall make such returns and reports to a representative as may be
required, shall produce and exhibit such books, accounts, documents and property as the
representative may desire to inspect, and shall in all things aid the representative in the
performance of audit duties.
G. If any amount paid by MAPA to the City under this Agreement is found to be ineligible for
reimbursement from the sponsoring federal agency, the City shall pay such amount back to
MAPA.
8. SUBMISSION OF VOUCHERS/INVOICES
A. The City may submit monthly, but no less than quarterly, documented invoices of costs
incurred for the work elements and work activities that were previously identified in Sections
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3A and 3E of this Agreement. Said reports shall account for the expenditure of Federal and
the City shares, shall indicate work program percentage completion, and shall contain a
statement of the City's estimate of the percentage of work completed and be signed by a
responsible representative of the City certifying that all of the items herein are true and correct
for the work performed under the terms of this Agreement. Final payment shall be made upon
determination by MAPA and NDOT that all requirements hereunder have been completed,
which determination shall not be unreasonably withheld. Promptly after receipt of the City's
invoices, and following receipt of funds from NDOT under Agreement Project No. PLM-1(61),
MAPA shall make payment thereon to the City. MAPA may withhold ten percent(10%)of the
total compensation pending a final audit of this Agreement, 120 days from the end date of this
agreement.
B. All invoices shall be taken from the books of account kept by the City and the City shall have
available copies of payroll distribution, receipted bills or other documents reasonably required
by MAPA. The City shall use actual labor rates for billing purposes.
C. The City shall have available a listing of all the City personnel positions that may be selected
or assigned to the work contemplated herein. Said listing shall indicate the title or
classification and salary range of each such position. It is agreed that employees of the City,
whose time is directly assignable to this FY 2024 Program, shall keep and sign a time record
showing the work element and work activity of the FY 2024 Program, date and hours worked,
and title of position.
D. It is understood that reimbursement for out-of-state (other than Nebraska, Iowa and Kansas)
travel costs, will not be requested unless written prior approval for such travel has been given
by MAPA and the State. The rate of reimbursement will be that allowed by the State for travel
by its own employees.
E. If the FHWA notifies MAPA that a cost item (as identified in the cost circulars and regulations
identified herein) paid to the City under this Agreement is not eligible for funding by the FHWA,
then the City shall reimburse to MAPA the amount of the ineligible cost item.
9. TERMINATION OF AGREEMENT FOR CAUSE
A. If, through any cause, the City shall fail to fulfill in a timely and proper manner its obligations
under this Agreement, or if the City shall violate any of the covenants, agreements, or
stipulations of this Agreement, or refuse to accept changes required by NDOT, MAPA shall
thereupon have the right to terminate this Agreement by giving written notice to the City of
such termination and specifying the effective date of such termination. In that event, all
finished or unfinished documents, data, studies, surveys, drawings and reports prepared by
the City shall be made available to MAPA, and the City shall be entitled to receive
compensation for all expenses incurred or obligated on all work mutually agreed to be
satisfactorily completed through the effective date of termination.
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B. The above also applies when the Agreement may be terminated because of circumstances
beyond the control of MAPA or the City.
10. CHANGES
The City or MAPA may, from time to time, request changes in the Scope of Services set forth in
this Agreement, which are to be performed by the City GIS Coordinator. Such changes, including
any increase or decrease in the amount of the City's compensation, which are mutually agreed
upon by and between MAPA and the City, and subject to the approval of the NDOT, shall be
incorporated in written amendments to this Agreement and duly executed by authorized officials of
the Parties.
11. ASSIGNABILITY
Neither the City nor MAPA shall assign any interest in this Agreement and shall not transfer any
interest in the same (whether by assignment or novation),without prior written mutual consent.
12. CLAIMS
Both parties indemnify, save and hold harmless the other party, and all its agents and employees
of and from any and all claims, demands, actions or causes of action of whatever nature or
character arising out of, or by reason of, the work to be performed by either party. Each party
further agrees to defend, at its own sole cost and expense, any action or proceeding commenced
for the purpose of asserting any such claim of whatever character arising as a result of its actions.
Each party agrees to cooperate in the defense or settlement negotiation of such claim, action, or
proceeding. It is further agreed that any and all employees of either party while engaged in the
performance of any work or service required or provided for herein to be performed by that party,
shall not be considered employees of the other party, and that any and all claims that may or might
arise under the Worker's Compensation Act of the State of Nebraska or any other applicable
workers' compensation law on behalf of said employees,while so engaged, and any and all claims
made by any third parties as a consequence of any act or omission on the part of said employees,
shall in no way be the obligation or responsibility of the other party.
13. CONFLICT OF INTEREST LAWS
A. The City shall review the Conflict of Interest provisions of 23 CFR 1.33, 49 CFR 18.36(b)(3)
and 2 CFR, and agrees to comply with all the conflict of Interest provisions (including
applicable State and local provisions) in order for the Eligible Planning Activities to remain fully
eligible for State of Nebraska and Federal funding. The City should review, understand and
follow the instruction provided in the NDOT CONFLICT OF INTEREST GUIDANCE
DOCUMENT FOR LPA OFFICIALS, EMPLOYEES 7 AGENTS FOR LOCAL FEDERAL-AID
TRANSPORTATION PROJECTS located on the State of Nebraska's website:
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http://dot.nebraska.gov/media/7349/coi-guidance-doc-Ipa.pdf
B. The City must also complete, sign and submit to MAPA,the NDOT CONFLICT OF INTEREST
DISCLOSURE FORM FOR LPAS FOR LOCAL FEDERAL-AID TRANSPORTATION
PROJECTS. This form is located on the State of Nebraska's website,
http://dot.nebraska.gov/media/7323/coi-disclosure-doc-Ipa.pdf
14. IDENTIFICATION OF DOCUMENTS
A. All reports, maps, and other documents completed as part of this Agreement, other than
documents completed exclusively for internal use within MAPA, shall carry the following
notation on the front cover or a title page (or, in the case of maps in the same block)containing
the name of MAPA, the City and the following:
"The preparation of this report, document, etc. was financed in part
through a Federal grant from the Department of Transportation under the
Transportation Planning Program authorized under 23 USC Section 134."
Together with the date (month and year)the document was prepared.
B. Originals of all documents including computer tapes, tracings, drawings, estimates,
specifications, field notes, investigations, studies, etc., as instruments of service under terms
of this Agreement are to be the joint property of the political jurisdiction and governmental
agencies participating in the transportation planning process. Copies of said documents will
be made available to such participants upon request at costs of such reproduction.
15. PUBLICATION OR RELEASE OF INFORMATION
A. Papers, interim reports, forms or other material which are a part of the work under this
Agreement shall not be copyrighted without written approval of NDOT and FHWA.
B. Either party to the Agreement may initiate a request for publication of the final or interim
reports, or any portions thereof.
C. Publication by either party shall give credit to the other party and to the FHWA. However, if
NDOT or FHWA does not wish to subscribe to the findings or conclusions of the study the
following statement shall be included on the credit sheet: "The opinions, findings and
conclusions expressed in this publication are those of the authors and not necessarily those of
NDOT or the Federal Highway Administration."
D. In the event of failure of agreement between NDOT and the City relative to the publication of
any reports during the period of the Agreement, each party reserves the right to publish
independently, in which event the nonoccurrence of the other party shall be set forth, if
requested.
E. Both written and oral releases are considered to be within the context of publication. However,
there is no intention to limit discussion of the study with participants in the Transportation
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Planning Program, small technical groups or lectures to employees or students. Lectures to
other groups which describe the plans are permissible.
F. Neither party shall publish nor otherwise disclose, nor permit to be disclosed or published, the
results of the investigation herein contemplated, during the period of the Agreement, without
notifying the other party.
G. When the scheduled time for presentation of a paper does not permit formal review and
approval of a complete report, abstracts may be used for notification of intent to present a
paper based on the study. Such presentation must protect the interest of the other party by
the inclusion of a statement in the paper and in presentation to the effect that the paper had
not been reviewed by the State.
16. FAIR EMPLOYMENT PRACTICES
Both Parties agree that in accordance with the Nebraska Fair Employment Practice Act, Neb. Rev.
Stat. § 48-1101-48-1126, and all regulation relative to nondiscrimination in federally assisted
programs of the Department of Transportation, Title 49 CFR, Parts 21 and 27 as set forth in
SECTION 22. TITLE VI NONDISCRIMINATION CLAUSES of this Agreement. The reference to
"Contractor" in this section also means"City".
17. DISABILITIES ACT
The City agrees to comply with the Americans with Disabilities Act of 1990 (P.L. 101-366), as
implemented by 28 CFR 35, which is hereby made a part of and included in this Agreement by
reference.
18. RESIDENCY VERIFICATION
Pursuant to Neb. Rev. Stat. § 4-114 et seq., each party shall use a federal immigration verification
system to determine the work eligibility status of new employees physically performing services
within the State of Nebraska. A federal immigration verification system means the electronic
verification of the work authorization program authorized by the illegal Immigration Reform and
Immigrant Responsibility Act of 1996, 8 U.S.C. § 1324a, known as the E-Verify Program, or an
equivalent federal program designated by the United States Department of Homeland Security or
other federal agency authorized to verify the work eligibility status of a newly hired employee.
19. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
A. The City shall ensure that disadvantaged business enterprises as defined in 49 CFR Part 26
shall have the maximum opportunity to participate in the performance of contracts finance in
whole or in part with Federal Funds under this Agreement
B. The City and MAPA shall ensure that disadvantaged business enterprises as defined in 49
CFR Part 26 have the maximum opportunity to participate in the performance of contracts and
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subcontracts finance 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. MPO shall not discriminate on the basis of race, color,
sex, age, disability, or national origin in the award and performance of FHWA assisted
contracts.
20. TITLE VI NONDISCRIMINATION CLAUSES
During the performance of this Agreement, the City, for itself, its assignees and successors in
interest agrees as follows:
A. 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.
B. 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, age, disability,
religion or national origin in the selection and retention of sub-contractors, 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 Regulation, including
employment practices when the contract covers a program set forth in Appendix"A", "B", and
"C"of Part 21 of the Regulation.
C. 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 sub-contractor or supplier shall be notified by the City of the City's obligations under
this agreement and the Regulation relative to nondiscrimination on the basis of disability,
race, color, sex, religion or national origin.
D. Information and Reports:
The City shall provide all information and reports required by the federal 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 MPO,
State of Nebraska or FHWA to be pertinent to ascertain compliance with such federal
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 of Nebraska or FHWA as appropriate and shall set forth what efforts it
has made to obtain the information.
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E. Sanctions for Noncompliance:
In the event of the City's noncompliance with the nondiscrimination provisions of this
Agreement, the MPO will impose such contract sanctions as it or 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.
F. Incorporation of Provisions:
The City shall include the provision of section 22.A through 22.F 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 MPO or 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
sub-contractor or supplier as a result of such direction, the City may request the MPOR to
enter into such litigation to protect the interests of the MPO, and in addition, the City may
request the United States to enter into such litigation to protect the interests of the United
States.
21.APPLICABLE LAW AND VENUE
Parties to this Agreement shall conform to all existing and applicable city ordinances, resolutions,
state and local laws, federal laws, and all existing and applicable rules and regulations. Nebraska
law will govern the terms and the performance under this Agreement. Venue for any non-federal
legal proceeding under this Agreement shall be in the State of Nebraska, District Court of Sarpy
City and for any federal legal proceeding in the United States District Court for the State of
Nebraska located in Omaha Nebraska.
22.ENTIRE AGREEMENT
This Agreement contains the entire agreement of the Parties. The provisions of this Agreement
may not be explained, supplemented, or qualified through evidence of trade usage or prior course
of dealings. 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 hereof except as provided herein.
23. CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS, LOANS, AND
COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
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a. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer of employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying" in accordance with its instructions.
c. The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and
contracts under grants, sub-grants, loans, and cooperative agreements) and that all
sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite from
making or entering into this transaction imposed by Section 1352, Title 31, US Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
24. DRUG FREE POLICY
Both parties have established and maintain drug free workplace policies.
25.PUBLIC BENEFITS
With regard to Neb. Rev. Stat. §§4-108— 113, neither Party is an individual or sole proprietorship.
Therefore, neither Party is subject to the public benefits attestation and related requirements of
Neb. Rev. Stat. §§4-108— 113.
26. INDEPENDENT CONTRACTOR
It is agreed that nothing contained herein is intended or should be construed in any manner as
creating or establishing a partnership or joint venture between the Parties. Any and all acts that
either Party or its personnel, employees, agents, contractors, or servants, perform pursuant to the
terms of this Agreement shall be undertaken as independent contractors and not as employees of
the other. The Parties shall, except as provided herein, act in their individual capacities and not as
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agents, employees, partners, joint ventures or associates of the other. An employee or agent of
one shall not be deemed or construed to be the employee or agent of the other for any purpose
whatsoever. None of the Parties nor its personnel, employees, agents, contractors, or servants
shall be entitled to any benefits of the other. The Parties shall not provide any insurance coverage
to the other or their employees including, but not limited to, workers' compensation insurance.
Each Party shall pay all wages, salaries and other amounts due its employees and shall be
responsible for all reports, obligations, and payments pertaining to social security taxation, income
tax withholding, workers' compensation, unemployment compensation, group insurance coverage,
collective bargaining agreements or any other such similar matters. Neither Party shall have any
authority to bind the other by or with any contract or agreement, nor to impose any liability upon
the other. All acts and contracts of each shall be in its own name and not in the name of the other,
unless otherwise provided herein.
27. COPELAND"ANTI-KICKBACK"ACT(18 U.S.C. 874 and 40 U.S.C. 276c)—(If applicable)
The City or subcontractor shall be prohibited from inducing, by any means, any person employed
in the construction, completion, or repair of public work, to give up any part of the compensation to
which he is otherwise entitled. The recipient shall report all suspected or reported violations to the
Federal awarding agency.
28. DAVIS-BACON ACT, as amended (40 U.S.C. 276a to a-7)—(If applicable)
The City and subcontractors shall be required to pay wages to laborers and mechanics at a rate
not less than the minimum wages specified in a wage determination made by the Secretary of
Labor. In addition, contractors shall be required to pay wages not less than once a week. The
recipient shall place a copy of the current prevailing wage determination issued by the Department
of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance
of the wage determination. The recipient shall report all suspected or reported violations to the
Federal awarding agency.
29. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327-333) — (If
applicable)
The City and subcontractors shall be required to compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of not less than 11/2 times
the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of
the Act is applicable to construction work and provides that no laborer or mechanic shall be
required to work in surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or materials or articles
12
ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
30. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT—(If applicable)
Any performance of experimental, developmental, or research work shall provide for the rights of
the Federal Government and the recipient in any resulting invention in accordance with 37 CFR
part 401, `Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing regulations
issued by the awarding agency.
31. DEBARMENT AND SUSPENSION (E.O.s 12549 and 12689)
The City and all subcontractors assert the organization or individuals are not listed on the
government-wide Excluded Parties List System, in accordance with the OMB guidelines at 2 CFR
part 180 that implement E.O.s 12549 (3 CFR, 1986 Comp., p. 189) and 12689 (3 CFR, 1989
Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than E.O. 12549.[69 FR 26281,
May 11, 2004, as amended at 70 FR 51879, Aug. 31, 2005]
13
IN WITNESS WHEREOF, the parties have hereto caused this Agreement to be executed by their proper
officers and representatives.
OMAHA-COUNCIL BLUFFS METROPOLITAN
AREA PLANNING AGENCY
Attest: Es by��, X.0 —DATE: #t/74142-3
Michael Helgesln, Executive Director
CITY OF OMAHA, NEBRASKA
Attest: by OU (WI cS. kl DATE:
Printed Name i hn L l `d i Ulf1
Title N1,ii (11 *'u/I1'JV(
C
14
Exhibit I: FY 2024 Unified Planning Work Program
Unified Panninvv . .
or
Program ( UPWP) , .
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FY2024 Work Program {`
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May 2023
Omaha-Council Bluffs
Metropolitan Area
Planning Agency
The preparation of this report was financed in part with funding from the United States Department of Transportation(USDOT),administered by the Nebraska Department of
Transportation(NDOT)and Iowa Department of Transportation(Iowa DOT).The opinions,findings and conclusions expressed in this publication are those of the authors and do not
necessarily represent USDOT,NDOT,and Iowa DOT
MAPA is an EOE/DBE employer.
Exhibit I: FY 2024 Unified Planning Work Program
Introduction
The Unified Planning Work Program (UPWP) documents the Metropolitan Area Planning
Agency's (MAPA's) transportation-related activities and projects for fiscal year(FY) 2024 which
encompasses July 1, 2023 through June 30,2024. MAPA serves as a voluntary association of
local governments in the greater Omaha region chartered in 1967. MAPA performs planning and
development work, especially to address problems that are regional in scope and cross
jurisdictional boundaries. Figure 1 (next page) illustrates the MAPA TMA.
The governing body for MAPA is a 79-member Council of Officials representing cities, counties,
school districts, resource agencies, and numerous other governmental bodies within the region.
The MAPA Board of Directors is a nine-member Board serving as the Council of Officials'
executive committee and is composed of elected officials representing cities and counties from
the larger six-county MAPA region. The Transportation Technical Advisory Committee (TTAC)
reviews and makes recommendations related to transportation to the MAPA Board. The
relationship, responsibility, and composition of the Board of Directors, Council of Officials, and
TTAC are also described in the MAPA Interlocal Agreement and Committee Bylaws.
Membership of key MAPA Committees Appendix II.
Council of Officials
WASHplGinx' MAPA is governed by a 79-member Council of Officials,
representing each of the 79 governmental units which
POrrAWATTAMIE comprise MAPA within the six counties it serves. They include:
°°�wrEas Douglas, Sarpy, Cass and Washington Counties in Nebraska;
Pottawattamie and Mills Counties in Iowa. The Council's roles
su include approving the agency's long range plan and setting
Maus overall policy.
Ass
Transportation Planning Affiliations
In its role as a Metropolitan Planning Organization, MAPA is
the pass-through agency for millions of dollars in federal
transportation funding for the Transportation Management
Hhlftis13n SHLWWIY Area (TMA) it serves which consists of Douglas and Sarpy
Counties in Nebraska and western Pottawattamie County in
Iowa (mainly the boundaries of the City of Council Bluffs). In
addition, MAPA also serves as the administrator for Iowa
iii nhi5 „ PQTTRNNTik111 Regional Planning Affiliation 18,which includes the counties of
Harrison, Mills and Shelby, and the non-urbanized portion of
Pottawattamie County.
hSI/LS
I MAPA TMA (Partial TMA in Cass County)
Regional Planning Affiliation 18 (RPA-18)
f 11,11
Metropolitan Area Planning Agency(MAPA) 12
Exhibit I: FY 2024 Unified Planning Work Program
data and background information for the Long Range Plan.
Principally, MAPA will continue to support efforts of local governments to further enhance
Safety and implementation of systemic safety work. This year MAPA will work with local and
State partners to increase safety for non-motorized users through work on complete streets,
and Safe Streets for all. MAPA has and continues to coordinate closely with state and federal
partners on federal funding programs. Specifically, IIJA discretionary funding opportunities for
the region including Rail Road Elimination, MEGA and Rural, SMART, and other funding
opportunities. As the region looks forward, MAPA will work directly with local partners on
advancing systemic safety analysis, Climate Action Plan, and using this framework to advance
work to update the Long Range Transportation Plan. MAPA will also work closely with Douglas
County Health,the Wellbeing partners, Education community, and local partners to strengthen
the linkages between transportation and social determinants of health. Some key components
will be based on working on safety campaigns, safe routes for non-drivers, complete streets,
thriving communities program that will lead to furthering the local assistance for Reconnecting
Communities funding.
Ensure equitable access to opportunity
Transit planning continues to play a central role in MAPA's activities. Since the launch of ORBT
the region's first Bus Rapid Transit (BRT) corridor-in 2021,the system has surpassed over a
million passengers. The past year saw Metro approve and carry forward several planning efforts
including Metro Transit's strategic planning effort-the MetroNEXT strategic plan-which
proposes to enhance the service frequency along key corridors and provide enhanced user
experience on Metro routes. Metro is now a regional transit agency and work is currently
underway to form the governing body, and develop system wide service enhancements. For
FY2024, Metro will continue to work in earnest to add new transit enhancements for 24th Street
as part of the RAISE grant award. MAPA will collaboratively work with Metro to help leverage
different resources to facilitate the development of this corridor. MAPA will work with local
partners to integrate complete streets and further the development of Transit Oriented
Development. MAPA will continue to lend support in developing performance targets that
expand the transit network to MAPA's Long Range Transportation Planning outreach and efforts
led by Greater Omaha Chamber of Commerce's (GOCC) ConnectGO initiative that posed the
conversation throughout the region about the importance of transit services to local employers.
MAPA will continue to play a role in the partnership between the GOCC, Metro, and the City of
Omaha in light of the recent developments to the Urban Core Housing and Mobility
Redevelopment Plan that introduced a locally funded streetcar line within the urban core.
During this work period the streetcar will continue through the design process, MAPA will lend
support where needed to further refine and enhance the land use assumptions and model
network.
In FY 2024, MAPA will concentrate on public engagement activities and outreach to develop the
update to the Long Range Transportation Plan. This will involve additional public involvement to
bring diverse viewpoints into the decision making process. For the coming year,the efforts will
1 � :Fi
Metropolitan Area Planning Agency(MAPA) 14
Exhibit I: FY 2024 Unified Planning Work Program
Regional Safety Report and crash data dashboard, www.safety.mapacog.org,to provide the
public with more routine access to crash-related data. MAPA's continued participation in NDOT's
and Iowa DOT's Highway Safety Committee has more closely linked the regional planning
process with State Highway Safety Planning process. MAPA's Safety Committee is composed
of representatives from all levels of government, non-profit partners, and private industry to
understand and prioritize safety issues in the region. This work effort will be further expanded
with the regional Safe Streets and Roads for All program to enhance coordination,data
integration, data analysis, and work to leverage discretionary funding in the MAPA region. This
will relate to planning factors with regards to public involvement, increasing safety, and
ultimately help with the Climate Crisis.
MAPA will continue developing required transportation performance management targets. Most
recently, MAPA reported and set regional and State targets for the next four year cycle for PM 1,
2, 3. This involved planning activities to support the regional target-setting process and
coordination with both Nebraska and Iowa Departments of Transportation. This effort will
continue into the coming year and further expand as the performance metrics relate to the Long
Range Transportation Plan. This work will entail additional data sharing and work to harmonize
data on both the Nebraska and Iowa Departments of Transportation.
MAPA will continue to partner with the Wellbeing Partners and Douglas County Health in
FY2024 to build on the initial work of linking transportation to social determinants of health. The
Douglas County Health Department and MAPA will work toward elevating transportation related
concerns in addressing regional needs related to access, safety, and equity. Additionally, MAPA
will work with the Wellbeing Partners on Vivacity which uses a systematic, data-driven approach
to determine health status, behaviors, and needs of local residents. MAPA will work closely with
these partners to align the effort with the regional transportation planning process and the
safety goals outlined in the Infrastructure Investment and Jobs Act (IIJA). Additional work will
include further expanding work with Nebraska Department of Transportation (NDOT) and Iowa
Department of Transportation (Iowa DOT), City of Omaha, City of Council Bluffs and local
community members around schools to deliver"Block Talks". Leveraging online maps, drone
photography, and "photospheres"the MAPA team will lead engagement activities to prioritize
safety improvements for cyclists and pedestrians throughout the region.
Foster economic growth throughout the region
MAPA recently completed the Sarpy County 1-80 Interchange Planning and Environmental
Linkages (PEL) Study which explores the potential for a new interchange in an area with
significant forecasted future growth. Although the study is now complete, additional work will
take place with the partnership to continue to explore the next steps and coordination with
Federal Highway Administration, Nebraska Department of Transportation, and local
jurisdictions. For FY 2024, MAPA will work with the City of Gretna and the Western Sarpy County
Partners on the Western Sarpy Transportation Enhancement Plan (WE-STEP) which will provide
a unifying framework for the coordination of future arterial transportation improvements in
Western Sarpy county. Across the river,work on the Council Bluffs Interstate System (CBIS)
Metropolitan Area Planning Agency(MAPA) 16
Exhibit I: FY 2024 Unified Planning Work Program
platform that provides up-to-date programming information to project partners and helps track
the status of projects in both Iowa and Nebraska. Securing additional funding through
discretionary grant opportunities remains a key long-term priority. In the coming year, MAPA
staff will continue to work closely and collaboratively to help develop the Long Range
Transportation Plan. This year, staff will deploy new data analysis tools to help inform the listing
of projects for the LRTP.
MAPA will continue to work on setting or adopting targets for federally required performance
measures including pavement and bridge conditions,travel time, and safety. This data will be
coupled with enhanced engagement and transmission of information to the public in the coming
year. MAPA will continue to develop a data inventory and assessment of how data and big data
sources can be leveraged to enhance and expand the field of knowledge for the region. MAPA,
plans to leverage location based data to help inform critical projects such as the regional traffic
patterns report.
MAPA will be partnering with the City of Omaha in FY2024 to develop the Climate Action and
Resiliency Plan addressing regional needs related to resilience and climate adaptation. MAPA
will work closely with these partners to align the effort with the regional transportation planning
process and the carbon reduction goals outlined in the Infrastructure Investment and Jobs Act
(IIJA). This will include exploring the potential for infrastructure needs as it relates to EV
infrastructure. MAPA will partner with Omaha Public Power District (OPPD)to convene and
explore the potential for solar generation, and what a regional EV action plan would entail.
JRt
ii
Metropolitan Area Planning Agency(MAPA) 18
Exhibit I: FY 2024 Unified Planning Work Program
MAPA Long Range Plan 2050 Goals I
Goal1: Goal2: Gard : Ggal4'.
Ensure equitable Cultivate a quality of Fosterencnarn FirrMnestewe e]p
somas ro place that attracts growth thror.-Dhaur of aunts iutue
opportunity and retains talent the region trrxtepor atbit sweet'
Support metro area economic vitality,especially by enabling x
global competitiveness,productivity,and efficiency.
-- _
Increese the tefeiyorihetranpgttgdonayticrn for mrHorized X x .
Marl WA uiolotfrodmeta.
•
Increase security of transportation for motorized and non --
motorized users.
Increase accessibility and mobility options available to people X X X x
and fortnight
Protect/enhance the environment,plttdla en DI fri::-nervation,
Planrrinrl imnnovequalnyoflrfe and promoteno�klwybclrcnmed X MI X
transportation Improvements and State cirri local planned growth
Fa ctc r: and economic development patterns.
Enhance the integration and•-•ci,..kenlhilejr'Of the rtarcepolidian
system across and between mt}:,det far prralpla raid inely}at X X
Promote etlliLtieel:fswrI uelne!temrxl anldoperaLlon X x
Ernpsystem
r.. II ¢I X
sportatfcm .
system
IMF rOl Ll resiliency&reliability of the transportation system and X
reduce or mitigate stormwater impacts. -'
Enhance travel and tourism X. X
Ta Ide Climate Crisis-Transition to a Clean Energy,Resilient X X
Future
Equity and Justice40in Transportation PlamingMigliM 1l° W.M1Complete Streets:A complete street is safe,and feels safe,for X
everyone using the street.
New Pvhla IrircFyamsrlr F1rly,affeotiy,and eardrums public
Planning '" „t°bring dMerse derpdnl$i,mcrtrodo fl,i ci�ioreltll X X %
?rtaeee,
Areas of Ccordinstion t mefevse Strategic IalghrvAyFvctrvolk(g7l4WfNE1'l
n;pl�a:i: l YL� aaircrlalllettrtsepm) MIMI
Coordinate whh Federal Land Management Agency K.
Planning and Environment Linkages(Pa)
Data d Transportation Plnn planning
data sharingsand
consideration into the transportation penning process,because k 1111
data assets have value across multiple programs.
Egiely
Heartland --
2050 Efficiency
•
Guiding Inclusivity X
MU
Principles .M11 .11 .91=. .Local ControVReglonal Benefit X
Transportation Asset Management Plans x
Nebraska •Strategic Safety Plans • •
X � x
and Iowa . - -
State Freight Plans X
Transit Transit Asset Management Plans X
Proyldeis Transit Safety Plans - % X
Metropolitan Area Planning Agency(MAPA) 110
Exhibit I: FY 2024 Unified Planning Work Program
Metro Transit Unified Work Program
The Federal Transit Administration's Urbanized Area Formula Funding program (49 U.S.C. 5307)
makes federal resources available to urbanized areas for transit capital, operations, and for
transportation-related planning activities. Metro,the Regional Metropolitan Transit Authority of
Omaha, is the direct recipient of these funds and provides additional transit planning activities
for the region. MAPA and Metro coordinate closely on regionally significant transit planning
activities and MAPA provides additional Section 5305(d) funding through its planning
partnership funding to supplement these Section 5307 funded activities. Below is a brief
statement of Metro's regionally significant planning activities for the upcoming fiscal year.
Metro Transit FY2024 Work Activities
Talk Section 5307 Funding Laval Match Nat Cat
Program Support Administration $109,600 $27,400 $137,000
Long-Term Transportation
Planning $90,000 $22,500 $112,500
Short Range Transportation
Planning $90,000 $22,500 $112,500
Support Transit Capital Investment
Decisions through Effective System $180,000 $45,000 $225,000
Planning
Incorporating Safety&Security in $120,000 $30,000 $150,000
Transportation Planning
Other Activities $209,217 $52,304 $261,521
Total $798,817 $199,704 $998,521
1. Program Support Administration
Develop and update transit management objectives to measure the efficiency and
effectiveness of all internal areas of the organization. Planning includes cost saving
I
Metropolitan Area Planning Agency(MAPA) 112
Exhibit I: FY 2024 Unified Planning Work Program
board security,technical network/system security, public space security,financial
management system security, and ensuring regulatory compliance. Additionally, Metro
implements a risk management program with monthly monitoring of self-insurance
reserves to ensure adequate liability coverage,development of new techniques, policies
or procedures and disciplinary actions to reduce liability risk.
. Other Activities
Special studies and project work that addresses unforeseen transit issues and
opportunities throughout the current year which can not be delayed such as workshops,
expanded projects, partnerships, planning activities with other partners including MAPA
and the Chamber of Commerce, researching technological advances, public amenities
needs and similar activities. Metro will also analyze current factors impacting the transit
system to develop a transit marketing plan that allocates limited marketing funds
effectively to maximize new ridership. The marketing plan details projects, budgets,
benchmarks, implementation strategies and analyzes the effectiveness of the plan's
implementation. Additionally, Metro will assist in the planning and coordination of the
future Omaha Streetcar project and its services.
I1ri
Metropolitan Area Planning Agency(MAPA) 114
Exhibit I: FY 2024 Unified Planning Work Program
Revisions and Approval Procedures
All revision requests will be submitted electronically to the Nebraska DOT or Iowa DOT Systems
Planning Bureau and the agency's DOT District Planner. If all necessary information is provided,
the request will then be forwarded to the FHWA and FTA for review and any necessary
approvals.
Revision requests shall, at a minimum, include:
• A letter detailing the work program revision(s).
• A resolution or meeting minutes showing the revision's approval.
• Budget summary table with changes highlighted.
• Amended work program with any modified section(s) highlighted.
Revisions where FHWA/FTA is the designated approving agency shall require written approval
by FHWA/FTA prior to commencement of activity, purchasing of equipment,or request for
reimbursement. Requests from MAPA will be submitted in writing to the appropriate state
personnel and then forwarded to FHWA/FTA for approval. Notification by the approving agency
will be in writing in reverse order.
Revisions where the State (NDOT or Iowa DOT Systems Planning Bureau) is the designated
approving agency shall require written approval by the State prior to commencement of activity,
purchasing of equipment, or request for reimbursement. Requests from MAPA will be submitted
in writing to the appropriate State personnel and then forwarded to FHWA/FTA for approval.
Notification by the approving agency will be in writing in reverse order.
Revisions where MAPA is the approving agency shall be approved by the Board of Directors.
Updates to the work program shall be provided to the appropriate state and federal
representatives via electronic or, upon request, hard copy.
Metropolitan Area Planning Agency(MAPA) 116
Exhibit I: FY 2024 Unified Planning Work Program
This following section includes the provisions for cooperatively developing and sharing
information related to transportation performance data, selecting performance targets,
reporting performance targets, performance used in tracking progress toward attainment of
critical outcomes for the region of the MPO, and collecting data for the State Transportation
Asset Management Plan (TAMP) for the NHS. Inclusion of the following language in an MPO's
UPWP/TPWP, and that UPWP/TPWP's subsequent approval by NDOT and Iowa DOT,constitutes
agreement on these items. The NDOT and Iowa DOT and MAPA agree to the following
provisions. The communication outlined in these provisions between the MPO Nebraska DOT
and Iowa DOT will generally be through the statewide planning coordinator in the Office of
Systems Planning.
1) Transportation performance data
a. The NDOT and Iowa DOT will provide MPOs with the statewide performance data
used in developing statewide targets, and, when applicable,will also provide
MPOs with subsets of the statewide data, based on their planning area
boundaries.
b If MPOs choose to develop their own target for any measure,they will provide the
NDOT and Iowa DOT with any supplemental data they utilize in the target-setting
process.
2) Selection of performance targets
a. The NDOT and Iowa DOT will develop draft statewide performance targets for
FHWA measures in coordination with MPOs. Coordination may include in-person
meetings, web meetings, conference calls, and/or email communication. MPOs
shall be given an opportunity to provide comments on statewide targets and
methodology before final statewide targets are adopted.
b. If an MPO chooses to adopt their own target for any measure,they will develop
draft MPO performance targets in coordination with the NDOT and Iowa DOT.
Coordination methods will be at the discretion of the MPO, but the NDOT and
Iowa DOT shall be provided an opportunity to provide comments on draft MPO
performance targets and methodology prior to final approval.
3) Reporting of performance targets
a. NDOT and Iowa DOT performance targets will be reported to FHWA and FTA, as
applicable. MPOs will be notified when NDOT and Iowa DOT has reported final
statewide targets.
b MPO performance targets will be reported to the NDOT and Iowa DOT.
i. For each target,the MPO will provide the following information no later
than 180 days after the date the NDOT and Iowa DOT or relevant provider
of public transportation establishes performance targets, or the date
specified by federal code.
1. A determination of whether the MPO is
a. agreeing to plan and program projects so that they
contribute toward the accomplishment of the NDOT and
Iowa DOT or relevant provider of public transportation
performance target, or
Metropolitan Area Planning Agency(MAPA) 118
Exhibit I: FY 2024 Unified Planning Work Program
FY2024 Work Program Activities
The following pages detail the work activities that MAPA and contract sub-recipients will
undertake in FY 2024.
200 - Work Program & Federal Assurances
Objective
To efficiently develop and implement MAPA's Unified Planning Work Program (UPWP),
Transportation Planning Work Program (TPWP) in accordance with MPO responsibilities and
federal requirements.
Previous Work
• Developed, Maintained, and updated UPWP/TPWP
• Developed &Executed PL Agreements with NDOT
• Held leadership and staff workshops to develop Strategic Plan
• Implementation of the Certification Review Action Plan
• Quarterly reporting & Invoicing to NDOT& IDOT
• Reviewed Annual DBE goal requirements
Work Activities
1 . Planning Agreements
Maintain and review the Memorandum of Agreement (MOA) outlining state, MPO, and
transit responsibilities. Develop and execute the annual PL Agreements with Nebraska and
Iowa.
2. Unified Planning Work Proaram (UPWP)
Develop the FY2025 UPWP and maintain the FY2024 UPWP. A draft UPWP is approved in
March by the Council of Officials, Board of Directors, and TTAC,with submission in April for
state and federal review. Final approval by MAPA occurs in May,with submission in June to
state and federal agencies.
2. Strategic Planning
Implement MAPA Strategic Plan with leadership team and Board of Directors. Facilitate
annual staff workshop to refine strategic plan and align Work Program activities with
strategic plan.
4. Certification Review Action Plan
Coordinate with FHWA, FTA, NDOT, Iowa DOT to Implement the federal Certification Review
11
Metropolitan Area Planning Agency(MAPA) 120
Exhibit I: FY 2024 Unified Planning Work Program
210 - Board & Committee Support
Objective.
To support ongoing activities of MAPA's Council of Officials, Board of Directors, Finance
Committee,Transportation Technical Advisory Committee (TTAC) and Regional Planning
Advisory Committee(RPAC).
Previous work
• Organized monthly Board of Directors meetings
• Facilitated monthly Finance Committee meetings
• Conducted four Council of Officials meetings, including annual meeting
• Prepared and conducted monthly TTAC meetings
• Prepared and conducted bi-monthly RPAC meetings
Work Activities
Council of Officials
The Council of Officials meets quarterly and serves as MAPA's overall policy body. The
Council is charged with adopting major plans, recommending MAPA's annual budget and
work programs to the Board of Directors, and providing oversight for MAPA's activities.
MAPA staff members support the Council's activities through clerical and technical
preparation, meeting costs, and conducting meetings.
2 Board of Directors
The Board of Directors meets monthly and serves as MAPA's governing body. The Board
approves the TIP amendments, LRTP, annual budget, and work programs. The Board is
composed of elected officials who appoint and oversee the TTAC and other MAPA
committees. MAPA staff members support the Board through clerical and technical
preparation,conducting meetings, and informing members about MAPA activities.
3. Finance Committee
The Finance Committee meets each month during the week prior to the Board of Directors'
meeting. The Finance Committee reviews MAPA's financial statements, approves payments,
and reviews/recommends contracts, large payments and other items for the Board's
consideration. MAPA staff members support the Finance Committee through preparation of
financial documents, invoices, contracts, and other such items.
4. Transportation Technical AdvigoryCommittee (TTAC)
Provide for a continuing, comprehensive, and coordinated transportation planning program
through the TTAC. Maintain correspondence and coordination with participating agencies.
Provide other technical support necessary to the transportation planning program. The
TTAC meets on a monthly basis to approve action items and discuss issues within the
1
Metropolitan Area Planning Agency(MAPA) 122
Exhibit I: FY 2024 Unified Planning Work Program
220 - Regional Transportation Planning
Objective
To conduct the transportation planning activities related to the development and
implementation of the Long Range Transportation Plan and Complete Streets.
Previous Work
• Facilitated maintenance and implementation of the 2050 Long Range Transportation
Plan.
• Conducted outreach to freight and private sector representatives.
• Coordinated with Service agencies regarding 5310 coordination.
• Assisted the Coordinated Transit Committee to maintain and advance the Coordinated
Transit Plan.
• Coordinated with local planning agencies to advance Bicycle and Pedestrian projects
• Participated in local planning committees like the Active Living Advisory Committee,
Sarpy Chamber, and Greater Council Bluffs Chamber.
• Coordinated with local agencies regarding Zoning Atlas work.
• Participated in working groups for City of Omaha Vision Zero efforts, Highway Safety
Committee, Strategic Highway Safety, and Traffic Incident Management meetings.
• Assisted with local planning studies, including providing forecasts and data.
MARA Work Activities
2050 LRTP Administration & Implement ion
Implement, review, and update the LRTP as necessary. Support regional goals in
accordance with the federal transportation planning provisions. Development of the LRTP
update and necessary work. Coordination with Greater Omaha Chamber of Commerce
(GOCC), ConnectGO, and Urban Core Regional Transportation Strategy.
2. Transit Planning ActiviXiies
Provide data,technical analysis, and coordination in support of short-range and long-range
mass transit planning. This will include collaboration with Metro Transit, MAPA committees,
local governments, nonprofit agencies, and other stakeholders in the transit planning
process. Support MetroNEXT regional transportation strategy implementation and Metro
Transit's Regional Transit Authority. Continued planning support for the Omaha Bus Rapid
Transit(ORBT) corridors, potential future BRT extensions, core system improvements,
suburban express route enhancements, and Vanpool services. MAPA will work closely with
Metro in the development of the 24th St corridor and provide on-going support. Ongoing
support of transit planning in Council Bluffs and coordination between the City of Council
Bluffs, Southwest Iowa Transit Agency (SWITA), and Metro Transit.
Metropolitan Area Planning Agency(MAPA) 124
Exhibit I: FY 2024 Unified Planning Work Program
7 Safety Piarining&Coordination
Facilitate semi-annual meetings of the MAPA Safety Committee in coordination with
federal, state and local partners. Monitor and set annual safety performance targets in
coordination with state and local partners. Participate in monthly Highway Safety
Committee meetings with NDOT and FHWA-NE. Coordinate with state and local partners to
implement AASHTOWare Safety Analytics tools to facilitate identification of local and
regional safety projects. Development of narrative elements for the Regional Traffic Safety
report in support of safety performance management. Coordinate with City of Omaha
efforts of the Vision Zero Action plan development.
Safe Streets for All (SS4A)
Coordinate with local partners on the implementation of the Safe Streets for All program.
Develop regional traffic safety analysis for the region with an emphasis on the local
roadway network and implementation of a systemic safety approach. MAPA's Regional
Comprehensive Safety Action Plan will build on MAPA's current safety planning efforts and
achieve zero deaths by 2040. It will prioritize strategies that maximize opportunities for
discretionary funding to implement local roadway projects in rural and disadvantaged
communities. Additionally, MAPA will continue emphasizing public engagement throughout the
planning process to develop solutions that adequately serve these communities. It will examine
incidents among a variety of road users including, but not limited to, pedestrians, bicyclists,
public transportation users, personal conveyance and micromobility users, motorists, and
commercial operators. The plan will also develop low-cost, high-impact solutions and
strategies at the regional level, complementing State systemic safety projects, and using
innovative technologies under an evidence based, comprehensive safety action plan
framework.
9. Regional Congestion Management Process (CMP)
Implement recommendations to enhance the CMP contained in the Certification Review
report. Monitor causes of recurring/non-recurring congestion and identify congestion relief
opportunities. Utilize data collected from MTIS, NDOT, Iowa DOT, and other sources to
assess existing congestion conditions in the region. Update CMP and approve as a
stand-alone document in alignment with the goals of the 2050 Long-Range Transportation
Plan. Develop regional commute profiles utilizing available travel time datasets and census
data sources. Continue participation in regional Transportation Systems Management
(TSM) and Transportation Incident Management (TIM) meetings. Participate in the Iowa
DOT Transportation System Management and Operations study.
10. Other Long-Range Studies
Provide technical assistance and related transportation system travel,financial, and
socioeconomic data to the states and local jurisdictions as requested to assist in
conducting long-range corridor, location, subarea, feasibility, and other project level studies.
This element includes working on PEL and IJR activities for a new 1-80 Interchange in the
180th-192nd Street area of Sarpy County, as well as other projects requiring coordination with
cities, counties, states, utilities, and other stakeholders.
ii
Metropolitan Area Planning Agency(MAPA) 126
Exhibit I: FY 2024 Unified Planning Work Program
230 - Transportation Improvement Program (TIP) & Local Projects
objectives
To monitor and maintain a fiscally constrained Transportation Improvement Program (TIP) for
regionally significant transportation projects. To implement performance-based planning
requirements of the IIJA Act. To ensure MAPA staff representation and coordination with local
partner projects.
Previous Work
• Processed TIP Amendments and Administrative Modifications
• Continued development of online TIP database and project management platform
• Completed development of FY2024-FY2029 TIP
• Continued development of new project selection criteria
• Administered Section 5310 Program of Projects through Transit Award Management
System (TrAMS)
• Provided transportation technical assistance to member cities and counties
MAPA Work Activities
I Development & Maintenance of Transportation Improvement Programs (TIPs)
Administer the FY2023 TIP (through September 30th, 2023) and FY2024 TIP (beginning
October 1st,2023). Process Amendments and Administrative Modifications of the TIP as
necessary. Administration of regional funding programs. Monitor and maintain fiscal
constraint of the TIP and ensure consistency of the TIP with the LRTP. Administration of
Sec. 5310 Program of Projects (POP) in Transit Award Management System (TrAMS) in
cooperation with federal, state and local partners. Develop the FY2024 TIP to provide a
program of federal-aid transportation projects. The TIP includes at least four
fiscally-constrained years of programming and a prioritized project list with a financial plan
for project implementation. The updated TIP is approved each year in June and is ready for
implementation when the new federal fiscal year begins on October 1st
2 Regional Project Selection Activities (STBG, TAP S iQn-$:10 & Carbon Reduction
The Project Selection Committee (ProSeCom) will be convened to review and recommend
federal-aid projects eligible for STBG funds based on project selection criteria linking the
TIP to the LRTP's goals. The Transportation Alternatives Program Committee (TAP-C) will
be convened to review and recommend federal-aid projects eligible for TAP funds based on
project selection criteria linking the TIP to regional bicycle/pedestrian goals. The
Coordinated Transit Committee (CTC) will be convened to review and recommend funding
for Section 5310 based on project selection criteria linking the TIP, Coordinated Transit Plan
and the Long Range Transportation Plan. The new Carbon Reduction programing will begin
in earnest in FY 2024 which includes development of application and project selection
process.
1
Metropolitan Area Planning Agency(MAPA) 128
Exhibit I: FY 2024 Unified Planning Work Program
240 - Communications & Community Relations
objective
To provide ongoing opportunities for stakeholders &the public to participate in the
transportation planning process. To communicate important information and key decisions
about the transportation planning process to the public. To conduct and support events,
seminars and other activities that support the transportation planning process.
Prgvicty5 Work
▪ Implemented public and stakeholder involvement strategies across all projects
• Coordinated updates to MAPA and Heartland 2050 websites
• Refined agency Communication Plan and implemented social media strategy
• Developed bi-monthly email newsletter for members and partners
• Performed ADA assessments of venues for public involvement
• Published newsletters, annual reports, and regional directory
MAPA Work Activities
Public Participation Plan (PPP) & Public EnaaaementActivities
Implement the policies identified in the Public Participation Plan. An annual report
documenting public participation activities conducted during the past year will be created.
Conduct public involvement and engagement efforts related to the transportation planning
process. Host public forums and panel discussions on topics related to and impacted by
transportation planning. Conduct presentations and meetings with service clubs,
neighborhoods, community leaders, elected officials, and others to foster strong
relationships and engage the public in the planning process. Efforts will include outreach
and engagement activities with low-income, minority, and other underrepresented
segments of the population.
2. Equity& Engagement Activities
Administer and facilitate activities of the Equity and Engagement Committee. Provide input
into and leadership of MAPA's public participation process. Implementation of activities
related to the MAPA Board of Directors June 2020 Equity Resolution including annual Equity
Report. Develop regional tool-kits and scorecards to ensure representative participation in
the planning process. Participate in IAP2 workshops hosted by regional partners.
Metropolitan Area Planning Agency(MAPA) 130
Exhibit I: FY 2024 Unified Planning Work Program
250 - Regional Data, Mapping & Forecasting
Objectives
To conduct socioeconomic and demographic forecasts in support of the transportation
planning process. To develop and maintain regional Geographic Information Systems (GIS).
To develop and maintain modeling tools to support decision-making at the state, regional, and
local level.
Previous Work
• Developed and maintained regional GIS data in coordination with regional partners
• Coordinated with local partners regarding NIROC project
• Updated traffic safety portal in coordination with state and local partners
• Developed 2020 traffic &safety reports
• Continued development of Travel Demand Model and transition to Iowa Standard Model
Structure (ISMS)
• Assisted with corrections to annual Census population estimates
MAPA Work Activities
. Regional Data Development & Maintenance
Maintain and update an integrated geographic database system and develop other
computerized tools to assist in the analysis and manipulation of data. Create maps,graphs,
and analyses as requested for jurisdictions and the general public. Coordinate GIS activities
in the region to support the planning process. Purchase new hardware and accompanying
software to support GIS activities as needed. Collect, purchase, and monitor local travel
data including detailed data regarding traffic counts (such as time of day, occupancy, and
vehicle classification),speed, and delay as available from local jurisdictions and other
secondary sources. Collaborate with data partners toward the development of the GOHub
Regional Data portal and Natural Resources Inventory (NRI). Review pavement,traffic
counts, and other roadway characteristics for NDOT Highway Performance Monitoring
System (HPMS) report. Work with Nebraska DOT and Iowa DOT on the newly adopted
Urbanized area boundaries from the 2020 Census data. Harmonize multi-state data
regarding safety and roadways networks.
2. Technical Reports& Forecasts
Utilize the US Census data and other data to provide assistance to jurisdictions,
businesses, individuals, and organizations with projects involving Census data. Purchase
necessary data and conduct regional or local studies for growth monitoring and analysis.
Collaborate with data partners toward the development of a regional data hub. Maintain
parcel-based land use dataset including housing, employment and local zoning information.
Support development of Traffic, Interchange, Intersection, and Safety Reports (carried over
Metropolitan Area Planning Agency(MAPA) 132
Exhibit I: FY 2024 Unified Planning Work Program
250 Contracts&SubreciIlent Work Activities Federal S Total '
250 On-Call Travel Demand Modeling Services $58,804 $58,804
Consultants will provide travel demand model forecasts as requested by MAPA. The model will
be updated and refined following recommendations from the FHWA Resource Center and
TMAC input. Validate and provide documentation for modeling activities. Implement ISMS
recommendations. Conduct modeling scenarios related to other studies, as necessary. Using
100% Federal Funds.
250 Traffic Data Services $80,000 $80,000
Vendor or consultant will provide traffic data to supplement existing traffic data sources in
areas such as origin-destination information for automobiles and/or other modes,traffic
volumes,or travel time. Using 100% Federal Funds.
Metropolitan Area Planning Agency(MAPA) 134
Exhibit I: FY 2024 Unified Planning Work Program
activities. Provide outreach support for Nebraska's Statewide Vanpool project for
employers within the Omaha-Council Bluffs region. Support on-going intercity bus planning
efforts led by NDOT. Facilitate employer-based transportation surveys to support the
development of employer-based programs. Work on regional Transportation Demand
Management framework to work with local jurisdictions to implement.
260 Work Activities Bud et Federal $ Total $) Hours
MAPA Work Activities $59,503 $60,842 775
260 End Products Q1 Q2 Q3 Q4
1. Little Steps, Cleaner Air Ozone Awareness Campaign - X - -
2. Alternative Fuels Activities - - - -
3. Travel Demand Management&Other Activities - X -
Ongoing Implementation - Major Deliverable X
260 Contracts&Subreci•IeM Work Activities. Federal • Total $
260 Little Steps Cleaner Air Ozone Awareness Campaign $291,000 $363,750
The FY2024 Little Steps, Cleaner Air ozone reduction campaigns will focus education efforts
on the small actions everyone can take to help reduce ground-level ozone and improve public
health. Work tasks also focus on aligning air quality-related messaging with institutional
partners across the region through the Clean Air Partnership. Overall campaign goals include
reducing single-occupancy vehicle trips and increasing usage of bicycle, pedestrian,transit,
and carpool modes. Little Steps Cleaner Air will also raise awareness of alternative fuels (such
as electric vehicles, CNG/LNG,fuel cells, and biofuels) that reduce emissions. (Anticipated
NE-CMAQ).This includes FY 2023 carryover funding.
260 MAPA Travel Demand Management Services $320,200 $400,250
Travel demand management consult will conduct outreach to employers in order to implement
and promote active commuting throughout the MAPA region. Employee surveys will be
conducted to understand potential mode share for employees and recommendations will be
developed for work sites to implement travel demand management programs. (Anticipated
NE-CMAQ).This includes FY 2023 carryover funding.
Metropolitan Area Planning Agency(MAPA) 136
Exhibit I: FY 2024 Unified Planning Work Program
MAPA staff will provide administrative support and administration for the Heartland 2050
project.
270 Work Activities Bud'et Federal $ Total $ Hours
MAPA Work Activities $247,465 $253,032 3,222
270 End Products Q1 Q2 Q3 Q4
1. Heartland 2050 Mini-Grant Program - - X -
2. Heartland 2050 Committee&Working Groups - - - -
3. Heartland 2050 Summits and Speaker Series - X -
4. Heartland 2050 Site Visit - - X -
5. Heartland 2050 Administration - - - -
Ongoing Implementation - Major Deliverable X
The Heartland 2050 Mini-Grant program provides support for projects that incorporate the goals
and principles of the Heartland 2050 Vision, such as walkable, livable communities,
transportation options, well-planned and efficient infrastructure, and regional collaboration, into
local projects. Heartland 2050 Mini-Grant awards are administered by MAPA and MAPA
procures professional services on behalf of communities participating in the Heartland 2050
Mini-Grant Program. The percentage value noted in parentheses denotes the amount of effort
anticipated in FY2024:
270 Heartland 2050 Mini-Grant Awards Continuing in FY2024 Federal $) Total $
FY2024 Heartland 2050 Mini-Grant Awards Continuing Totals $303,136 $518,000
270 Omaha Bicycle Master Plan(70%Complete) $23,136 $43,000
The City of Omaha Master Plan will create a bicycle and pedestrian plan supplement. The plan
shall: 1) Develop a framework for a comprehensive and integrated network of bicycle facilities,
trail corridors, low-stress routes, and sidewalk and crossing improvements that serve all
neighborhoods;2) identify and prioritize projects, programs, and policies focused on expanding
participation by making walking and bicycling for daily needs safer, more comfortable, and
more convenient; and 3) identify strategies that will guide the planning,funding,
implementation, and maintenance of future projects with performance measures that allow the
City to assess its progress. The total program funding includes overmatch funding from local
funds.
270 Bellevue Fort Crook Road Corridor Study $100,000 $125,000
Corridor study of Fort Crook Road in Bellevue to identify potential for changes to the roadway
configuration to support redevelopment and transportation options. Focus on regional
Metropolitan Area Planning Agency(MAPA) 138
Exhibit I: FY 2024 Unified Planning Work Program
280 - Training & Education
Objective
To provide professional development and training to promote continued development of skills
for MAPA staff.
Previous work
• Attended local workshops,training, and educational activities
• Participated in statewide COG/Economic Development District (EDD) organizations of
Nebraska Regional Officials Council (NROC) and Iowa Association of Councils of
Government (ICOG)
• Participated in MPO coordination meetings hosted by NDOT and Iowa DOT
• Took part in FHWA/FTA webinars related to federal guidance and initiatives
• Complete Street Training Series
• Attended mandatory RC training
Work Activity$.
7. Technical and Policy Education Activities
Participate in ongoing education and staff development activities such as workshops,
conferences, and webinars devoted to planning and research-related policy and technical
information. Event sponsors include local, state, and national organizations such as the
Greater Omaha Chamber of Commerce and Economic Development Partnership,American
Society of Civil Engineers (ASCE), Locate, NROC, IARC, NARC, NADO,Transportation
Research Board (TRB), American Planning Association (APA), National Association of City
Transportation Officials (NACTO) and other organizations. Workshops and training
activities may also be convened by local, state, and federal governmental agencies such as
NDOT, Iowa DOT, USDOT, EPA, FRA, Census, and EDA.
2 Related Association Participation
Participate in local, state, and national associations that provide ongoing education,
training, staff and leadership development, and peer-to-peer knowledge exchange. Event
sponsors include local, state, and national organizations such as the Greater Omaha
Chamber, ASCE, LOCATE, NROC, IARC, NARC, NADO,TRB,APA, NACTO, and other
organizations. Federal funding for these activities will not consist of lobbying in accordance
with 2 CFR 200.450.
3_ Professional Certifications and Memberships
Staff members apply,take required tests, and actively participate in professional
organizations such as the APA's American Institute of Certified Planners (AICP).
Metropolitan Area Planning Agency(MAPA) 140
Exhibit I: FY 2024 Unified Planning Work Program
290 - Transportation Management
Objective
Provide for leadership and efficient administration of MAPA's transportation programs
Previous Work
• Personnel management for transportation activities
• Reviewed invoices and progress reports for MAPA activities
• Managed financial budget and contracts
• General administrative activities related to organization support and operations
Work A ivitH
1. Program Administration
Provide oversight and administrative support for MAPA transportation and data staff
activities. Development and maintenance of process documentation, project management
platform, and staff coordination meetings.
2 Personnel Management
Ongoing activities related to personnel needs, recruitment,orienting and training, and other
human resource activities.
:3 Financial Mariagemen1
Monitor and maintain MAPA's budget and development of dues schedule and associate
membership program. Implementation and coordination for a TIP Administrative Fee.
4. Contracts &Agreements
Develop and negotiate contracts for programs, develop proposals as well as monitor and
report on contracts.
5. Quarterly Reporting and Invoicing (NDOT& Iow DO]
Review quarterly reports and invoices for the Nebraska Department of Transportation and
Iowa Department of Transportation.
290 Work Activities Bud•et Federal ..$ Total Hours
MAPA Work Activities $144,621 $147,874 1,883
290 End Products Q1 Q2 Q3 Q4
1. Program Administration X -- -
2. Personnel Management - - - -
3. Financial Management - - -
4. Contracts&Agreements - - - -
5. Quarterly Reporting and Invoicing X X X
Ongoing Implementation - Major Deliverable X
Metropolitan Area Planning Agency(MAPA) 142
Exhibit I: FY 2024 Unified Planning Work Program
310 - Local and Partner Planning Support
Objective
Provide assistance to local governments and agencies to conduct plans and develop data in
support of the regional transportation planning process.
Previous Work
• Douglas County GIS created and maintained GIS data sets that support the regional
planning process including Sidewalk Inventory and open data portal.
• City of Omaha Public Works conducted the traffic counting program.
• City of Omaha Planning Department worked on Omaha transportation planning projects
and coordinated with the regional planning process.
• Sarpy County GIS created and maintained GIS data sets that support the regional
planning process including open data portal.
• Sarpy County Planning Department worked on transportation-related planning projects
and coordinated with the region.
• Pottawattamie County GIS created and maintained GIS data sets that support the
regional planning process including open data portal.
• Implemented 5310 operations and vehicle purchase contracts with Council Bluff, Metro
Transit, Florence Home for the Aged, and Black Hills Works
310 Contracts&Subreci•lent Work Activities Federal $) Total $
FY2024 PL Passthrough Totals $327,550 $467,928
310 Metro Transit Planning Activities $88,857 $126,938
Intended for implementation of MetroNEXT plan, a strategic planning effort that will establish a
multi-year transit enhancement strategy for the agency. Projects include, but are not limited to,
site selection and design, oversight of construction and installations. Metro staff anticipates
initiating the 24th Street Transit Corridor study, which will review alternatives for transit
enhancement along 24th and/or 30th Streets between Ames Avenue and Q Streets. Including
on-board study of the 24th Street Delay Analysis to effectively measure traffic, signal timing,
and scheduling concerns. Additionally, Metro staff will initiate a data validation model to
capture passenger counts systemwide.
310 Omaha Public Works $29,890 $42,700
The City of Omaha Public Works Department provide subscription based mufti-modal
intersection and signal analytics to support various tasks including long-range planning,crash
analysis, signal timing, project-level analyses, and traffic data monitoring in the region. Funding
will support purchase of multimodal intersection signal analytics software.
Metropolitan Area Planning Agency(MAPA) 144
Exhibit I: FY 2024 Unified Planning Work Program
310 FTA Section 5310 FY2023 Sub-Reci s ients Federal $ Total •
FY2024 FTA Section 5310 Total $865,400 $1,730,800
MAPA administers the Section 5310 program for distribution to eligible subrecipients. 5310
funding is a discretionary capital assistance program to assist local governments, private
agencies,and nonprofit agencies provide transportation service for the elderly and disabled.
Anticipated contracts for operations and capitalized costs of operations for FY2024 include:
310 Care-a-Van $15,000 $30,000
Care-a-Van Transportation Services provides trained staff to accompany residents with
disabilities,the elderly, and veterans on transportation trips to physician visits,dental
appointments,outings and social events.
310 Intercultural Senior Center $75,000 $150,000
ISC provides Transportation Services trained staff to accompany elderly users transportation
trips to physician visits, dental appointments, outings and social events.
310 Florence Home for the Aged $154,030 $308,060
Florence Home Transportation Services provides trained staff to accompany residents with
disabilities,the elderly,and veterans on transportation trips to physician visits,dental
appointments,outings and social events. Residents served live at Florence Home Healthcare
Center, Royale Oaks Assisted Living, House of Hope Alzheimer's Care and House of Hope
Assisted Living. Includes$188,060 in FY 2023 carryover funding.
310 City of Bellevue $100,000 $200,000
Cost of Contracted Services for the City of Bellevue Paratransit Service serving the elderly and
disabled citizens of Bellevue with transportation within the city limits of Bellevue. Includes
$100,000 in FY 2023 carryover funding.
310 Eastern Nebraska Community Action Partnership $135,000 $270,000
ENCAP provides transportation services to low income persons,seniors, and persons with
disabilities within Douglas,Sarpy,and Pottawattamie Counties.These rides are to employers,
hospitals,doctors appointments,schools,grocery shopping,mandated court appointments,
and resource agencies. Includes $135,000 in FY 2023 carryover funding.
310 Black Hills Works $143,360 $286,720
Black Hills Workshop supports individuals employed at Offutt Air Force Base and provides
transportation on almost a 24 hour a day/seven day a week basis. There currently are 9 runs in
which our vehicles travel approximately 500 miles each day providing door to door services.
The majority of our runs are during hours that the Metro Area Transit does not operate.
Includes $204,680 in FY 2023 carryover funding.
310 City of Council Bluffs STS $90,000 $180,000
Cost of Contracted Services for the City of Council Bluffs Paratransit Service (Council Bluffs
Special Transit Service (STS)) serving elderly and disabled citizens of Council Bluffs with
transportation within the city limits of Council Bluffs and (3) designated medical facilities in
Omaha, NE, (CHI-Creighton,University of Nebraska,and the VA Medical Centers.)
Metropolitan Area Planning Agency(MAPA) 146
Exhibit I: FY 2024 Unified Planning Work Program
MAPA 3rd Party
Proj Work Activity r. Subreciplent Activity
Code
Federal S9ai
Funds Funds I Funds Match In-kind Match Total
Nebraska FHWA PL Funds
200 UPWP and Federal Assurances 13,318 3031 3 13,621 98% 2%
210 Board and Committee Support 108,453 2,468 $ 110,921 R % 2%
220 Regional Transportation Planning 182,623 4,155 3 186,779 98% 2%
230 TIP and Local Projects 130,276 2,964 $ 133,240 98% 2%
240 Communication and Public Involvement 214,357 • 4,877 $ 219,234 96% 2%
250 Regional Data,Mapping&Forecasting 170,668 3,883 $ 174,551 98% 214
280 Environment and Energy 7,604 173 $ 7,777 98% 2%
270 Heartland 2050-Transportation Eligible 115,442 2,627 $ 118,068 90% 2%
280 Training and Education 65,138 1,482 $ 66,620 98% 2%
290 Management 86,532 1,969 $ 88,501 98% 2%
300 Membership Services 4,406 i 100 & 4,507 98% 2%
220 LRTP Survey(100/0) 50,000 - $ 50,000 100% 0%
220 Safe Streets for All(100/0) - $ 0% 0%
220 Missouri River Multimodal Bridge PEL Study(0/100) - 114,500 $ 114,500 0% 100%
250 On-Cali Modeling(100/0) 31,166 - $ 31,166 100% 0%
280 Traffic Data Services(100/0) 61,840 - $ 61,840 100% 0%
260 Little Steps Cleaner Air Ozone Campaign(80/20) - - $ - 0% 0
2t10 Travel Demand Management Services(80/20) - - $ 0% ' 0%
270 Heartland 2050 Mini Grants(80/20)+overmatch to PL(0/100) - 439,080 1 139,080 0% 100%
310 Planning Local Subrecipients(70/30) 178,566 76,529 lr 255,095 70% 30%
310 5310 Subrecipients(50/50) - $ 0% 0%
310 Aerial Photography for MAPA Activities(0/100 - • �$ - 0% 0%
'PROGRAM FUND TOTALS 1,420,390 0 0- 278,581 76, 1.775,496 80.0% 20.0%
Nebraska FHWA Complete Streets Funds _
200 UPWP and Federal Assurances - I I - $ • 0% 0%
210 Board and Committee Support - S • 0% 0%
220 Regional Transportation Planning 37,263 S 37,263 100% 0%
230 TIP and Local Projects • 5 0% 0%
' 240 Communication and Public Involvement • S • :^% 0%
250 ,Regional Data,Mapping&Forecasting • $ • 0% 0%
290 Environment and Energy • 5 • 0% 0%
270 Heartland 2050-Transportation Eligible - $ • 0% 0%
280 Training and Education • 3 0% 0%
290 Management • 3 • 0% 0%
300 Membership Services 3 0% 0%
220 LRTP Survey(100/0) - 3 • M., .,,.
220 Safe Streets for All(100/0) • $ - 0% 0%
220 Missouri River Multimodal Bridge PEL Study(0/100) - $ , i 0% 0%
250 On-Call Modeling(100/0) - 1. - 0% 0%
250 Traffic Data Services(100/0) - $ 0% 0%
200 Little Steps Cleaner Air Ozone Campaign(80/20) - $ - 0% 0%
250 Travel Demand Management Services(80/20) • • $ - 0% 0%
270 Heartland 2050 Mini Grants(80/20)+overmatch to PL(0/100) - $ • 0% t,;t,
310 Planning Local Subrecipients(70/30) 5 - 0% 0%
3t0 5310 Subrecipients(50/50) - :$ 0% 0%
310 Aerial Photography for MAPA Activities(0/1001 - '5 0% 0%
PROGRAM FUND TOTALS J 37,263i DI 0 0 t} 37,263 100% 0%
Nebraska FTA 5305d Funds
200 UPWP and Federal Assurances 6,219 - (0) 5 6,219 100% 0%
210 Board and Committee Support 50,596 - (0) '$ 50,596 100% 0%
2218 Regional Transportation Planning 85,197 - (0) 5 85,197 100% 0%
230 TIP and Local Projects 60,772 (0) $ 60,772 100% 0%
240 Communication and Public Involvement 113,626 - (0) $ 113,626 100% 0%
256 Regional Data,Mapping&Forecasting 79,614 • (0) S 79,614 100% 0%
280 Environment and Energy 5,347 (0) 3 5,347 100% 0%
270 Heartland 2050-Transportation Eligible 82,005 (0) 5 82,005 100% 0%
280 Training and Education 34,946 (0) S 34,946 100% 0%
290 Management 46,419 (0) 3 46,419 100% 0%
300 Membership Services 2,368 - (0): S 2,368 100% 0%
220 LRTP Survey(100/0) - - $ - 0% 0%
220 Safe Streets for All(100/0) • - $ - 0% .
220 Missouri River Multimodal Bridge PEL Study(0/100) - 92,440 $ 92,440 0% 100%
230 On-Call Modeling(100/0) - - $ - 0% 0%
250 Traffic Data Services(100/0) - - $ 0% 0%
290 Little Steps Cleaner Air Ozone Campaign(80/20) - $ - 0% 0%
260 Travel Demand Management Services(80/20) - - $ - 0% 0%
270 Heartland 2050 Mini Grants(80/20)+overmatch to PL(0/100) - $ - 0% 0%
310 Planning Local Subrecipients(70/30) 95,1157 • 38,081 $ 126,938 70% 30%
310 5310 Subrecipients(50/50) - - $ • 0% 0%
310 Aerial Photography for MAPA Activities(0/100] - 33,470 I$ 33,470 0% 100%
_PROGRAM FUND TOTALS 655,965 0 0 . 125,910 38,0811 819,956 1 80.0% 20.0%]
Exhibit I: FY 2024 Unified Planning Work Program
FecErial Pro Cject Work Activity
e State MAPA 3rd Party Subreciplent Activity Felled* MatchI
od Funds Funds Match In-kind Match) Tuts+ I Sham Shan
Iowa FTA 5305d Funds
2t50 UPWP and Federal Assurances 1,102 • - $ 1,1 02 100% 0%
210 Board and Committee Support 5,370 - 5 5,370 100% 0%
220 Regional Transportation Planning 4,872 - $ 4,872 100% 0%
21 TIP and Local Projects 5,526 - • S 5,526 100% 0%
240 Communication and Public Involvement 10,484 - - 5 10,484 100% 0%
250 Regional Data,Mapping&Forecasting 10,470 - - 5 10,470 100% 0%
288 Environment and Energy 514 - $ 514 100% 0%
270 Heartland 2050-Transportation Eligible 3,802 5 3,802 100% 0%
250 Training and Education 4,450 - 5 4,450 100% 0%
290 Management 3,030 - 5 3,030 100% It%
30e Membership Services 376 5 376 100% 0%
224 LRTP Survey(100/0) • - $ - .6% 0%
220 Safe Streets for All(100/0) - 5 - IrK me
220 Missouri River Multimodal Bridge PEL Study(0/100) • - g • G'S 6%
250 On-Call Modeling(100/0) • - S 0%
250 Traffic Data Services(100/0) • - g • 6% 0%
11*0 Little Steps Cleaner Air Ozone Campaign(80/20) • $ - 0% 0%
206 Travel Demand Management Services(80/20) - S r 0%
270 'Heartland 2050 Mini Grants(80/20)+overmatch to PL(0/100) - 3 0% Oran.
310 Planning Local Subrecipients(70/30) - - 3 pq, Oq+
310 5310 Subrecipients(50/50) S - 0% D%
310 Aerial Photography lot MAPA Activities(0/100) 12,500 5 12,500 I 0% 100%
PROGRAM FUND TOTALS 49,990 _ 0. 0 12,500 0 62,496 %% 20%J
USDOT SS4A
204 UPWP and Federal Assurances - • - $ - p% 0%
210 Board and Committee Support - - $ - p% 0%
220 Regional Transportation Planning 4,688 - - S 4,688 100% 0%
230 TIP and Local Projects 2,438 - - $ 2,438 100% 0%
210 Communication and Public Involvement 2,813 • - 3 2,813 100% 0%
260 Regional Data,Mapping&Forecasting 4,688 - - S 4,688 100% 0%
200 Environment and Energy 188 - - $ 188 100% 0%
274 Heartland 2050-Transportation Eligible - • - $ 0% 0%
240 Training and Education 1,875 - $ 1,875 1005E 0%
290 Management 1,875 - - f 1,875 100% 0%
300 Membership Services vas - - $ 188 100% 0%
220 LRTP Survey(100/0) - 5 - 0% 0%
2213 Safe Streets for All(100/0) 75,000 5 75,000 100% 0%
27l0 Missouri River Muffin-lode!Bridge PEL Study(0/100) • 5 - 0% 0%
250 On-Call Modeling(100/0) - $ 0% 0%
294 Traffic Data Services(100/0) - $ 0% 0%
290 Little Steps Cleaner Air Ozone Campaign(80/20) - $ • 0% 0%
290 Travel Demand Management Services(80/20) - , 5 • 0% , .
270 Heartland 2050 Mini Grants(80/20)+overmatch to PL(0/100) - 5 0%
310 Planning Local Subrecipients(70/30) - - • 5 3% .. ,
t srI 5310 Subrecipients(50/50) - - S - 0% -
.nu Aerial Photography for MAPA Activities(0/100) - 23,938 5 23,438 1% 1=01i
PROGRAM FUND TOTALS 93,75 r 0 0 29r439 0 117,188 80% j 20%'.
FTA 5310
260 UPWP and Federal Assurances 618 - - 5 6181 100% 0%
210 Board and Committee Support 5,030 - 5 5,030 I 100% 0%
200 Regional Transportation Planning 8,471 - $ 8,471 100% 0%
230 TIP and Local Projects 6,043 $ 6,043 100% 0%
240 Communication and Public Involvement 9,942 • 5 9,942 100% 0%
250 Regional Data,Mapping&Forecasting 9,499 • S 9,499 100% 0%
1010 Environment and Energy 237 $ 237 100% 0%
270 Heartland 2050-Transportation Eligible 6,523 • S 6,523 '6.1% 0%
200 Training and Education 1,511 3 1,511 100% 0%
390 Management 2,007 3 2,007 100% 0%
000 Membership Services 123 S 123 100% 0%
220 LRTP Survey(100/0) - 3 - 0% 0%
220 Safe Streets for All(100/0) - - 3 • 9% 0%
220 Missouri River Multimodal Bridge PEL Study(0/100) • - 3 0'.;, 0%
40 On-Call Modeling(100/0) • '3 - 0% 0%
256 Traffic Data Services(100/0) • • $ - 0% 0%
296 Little Steps Cleaner Air Ozone Campaign(80/20) - 3 0% 0%
254 Travel Demand Management Services(80/20) • I - $ - 0% 0%
27.4 Heartland 2050 Mini Grants(80/20)+overmatch to PL(0/100) - - $ - 0% 0%
310 Planning Local Subrecipients(70/30) S - 0% 0%
316 5310 Subrecipients(50/50) 865,400 865,400 51,730,900 00% 50%
516 Aerial Photography for MAPA Activities(0/1001. - 5 0% 0%
. ,PROGRAM FUND TOTALS 915,400 1 0 0 865,400 1,780A00 51% 49%
Subrecipien
Work Activity Federal 1 State MAPA 3rd Party t +4cuv5ty Federal' Match
Funds Funds Yatah Match In kind total Share Share
(UPWP GRAND TOTALS 4,423,959 0 18,171 708,412 1,005,779 6,156,321 111% 210.4
Exhibit I: FY 2024 Unified Planning Work Program
M A
Omaha-Council Bluffs
' Man Area
cy
Certificate of Indirect Cost Proposal/Indirect Costs
This is to certify that I have reviewed the indirect cost proposal submitted herewith and to the best of my
knowledge and belief:
(1) All costs included in this proposal 3/31/2023 to establish a:
['Cost Allocation Plan
❑ Indirect Cost Rate
for State Fiscal Year 2024 are allowable in accordance with the requirements of the Federal awards to
which they apply and with Subpart E—Cost Principles of Part 200 as they apply to my:
Governmental Organization
❑ Non-Profit Organization
(2) This proposal does not include any costs which are unallowable under Subpart E—Cost Principles
of Part 200 such as (without limitation): public relations costs, contributions and donations,
entertainment costs,fines and penalties, lobbying costs,and defense of fraud proceedings; and
(3) All costs included in this proposal are properly allocable to Federal awards on the basis of a
beneficial or causal relationship between the expenses incurred and the Federal awards to which
they are allocated in accordance with applicable requirements. Further,the same costs that have
been treated as indirect costs have not been claimed as direct costs. Similar types of costs have
been accounted for consistently.
Subject to the provisions of the Program Fraud Civil Remedies Act of 1986, (31 USC 3801 et seq.),and the
Department of Labor's implementing regulations,(29 CFR Part 22),the False Claims Act(18 USC 287 and
31 USC 3729);and the False Statement Act(18 USC 1001), I declare to the best of my knowledge that the
foregoing is true and correct.
0(e.
(Signature)
Michael Helgerson
(Please print name)
Executive Director
(Title)
Metropolitan Area Planning Agency
(Name of Organization)
32 31/2023
(Date Signed)
2222 Cuming Street P 402.444.6866 www.mapacog.org
Omaha,NE 68102-4328 F 402.342.0949 mapa@mapacog.org
M Omaha-Councit Bluffs
Metropolitan Area
Planning Agency
.-IIIr
lid.-._, IP
"www..----_2222 Cuming Street 402-444-6866 P www.mapacog.org
Omaha, NE 68102-4328 402-951-6517 F mapa@mapacog.org
March 23, 2023
Craig Wacker
Nebraska Department of Transportation (NDOT)
PO Box 94759
Lincoln, Nebraska 68509
Dear Mr. Wacker:
MAPA is seeking NDOT, Iowa DOT, FHWA and FTA approval to utilize a"tapered match"to assist with MAPA's
FY2024 Work Program. This tool would allow MAPA to vary the amount requested for reimbursement over the life
of each grant. No more than the maximum reimbursable amount would be requested for the fiscal year.
Specifically,MAPA would like to utilize the soft cash match from several projects, including the Nebraska Iowa
Regional Orthophotography Consortium (NIROC) aerial photography project to match other activities in our Work
Program.Since the majority of these costs will be late in the fiscal year, MAPA will request reimbursement for
more than 80%of our total cash outlays in quarter one(Q1),two (Q2) and three(Q3)of FY2024. MAPA will
overmatch our reimbursement request in quarter four(Q4) of FY2024 to account for the required 20%non-federal
match of our total submitted expenses for the year(including studies,consultant contracts and subrecipients).
MAPA will not seek reimbursement for any costs paid for by third-parties during any of these quarters.
If you have any questions about this request,please feel free to contact me.
Sincerely,
_ Aezi.:$4.e_r______
Michael Helgerson
Executive Director
cc: Justin Luther,Federal Highway Administration, Nebraska Division
Darla Hugaboom, Federal Highway Administration, Iowa Division
Cathy Monroe, Federal Transit Administration, Region VII
Zac Bitting, Iowa Department of Transportation,Systems Planning Bureau
Exhibit II:FY 2024 NDOT Program Agreement
V Agreement No. UL2305
Good Life. Great Journey. Funding Period July 1,2023 through
June 30,2024
CEPAATP MFGFTRAHsrORTATIl'n Agreement Amount $1,812,824.00
PROGRAM AGREEMENT
FEDERAL PLANNING FUNDS
METROPOLITAN PLANNING ORGANIZATIONS
OMAHA-COUNCIL BLUFFS METROPOLITAN AREA PLANNING AGENCY
STATE OF NEBRASKA, DEPARTMENT OF TRANSPORTATION
PROJECT NO. PLM-1 (61),STATE CONTROL NO. CN 01059M
FY 2024 PLANNING(PL)AGREEMENT
THIS AGREEMENT is between the Omaha-Council Bluffs Metropolitan Area Planning Agency
who is a Metropolitan Planning Organization("MPO"),and the State of Nebraska, Department
of Transportation("State"), collectively referred to as"Parties".
WITNESSETH:
WHEREAS,federal law requires that MPO establish and maintain a continuing, comprehensive
transportation planning process in cooperation with state and local governments in urban areas
of over 50,000 population, and
WHEREAS,MPO has established and maintains a planning process that complies with federal
law, and
WHEREAS,there are Federal-aid Planning Funds(PL Funds or PL Funding)available to
provide pro-rata reimbursement to MPO for its Eligible Planning Activities,and
WHEREAS,MPO has been designated as the recipient agency for the Omaha-Council Bluffs
metropolitan area for PL Funds,and
WHEREAS,Federal law provides that State will be a representative for the Federal Highway
Administration(FHWA)in reviewing requests for reimbursement of MPO Eligible Planning
Activities,and that reimbursements will be made through State,and
WHEREAS, MPO has developed and submitted a Unified Planning Work Program document
("UPWP")which is attached hereto as Exhibit"A"; it has been reviewed and approved by
FHWA, and
WHEREAS,this Agreement applies only to the part of MPO's UPWP Eligible Planning Activities
overseen by FHWA, and
WHEREAS,this Agreement governs the reimbursement of Eligible Planning Activities
conducted between July 1, 2023,and June 30,2024,and
WHEREAS,for this Agreement, if a non-federal entity expends$750,000 or more in total federal
awards in a fiscal year,must be addressed as explained further in this Agreement, and
WHEREAS,the total cost reimbursable under this Agreement is currently estimated to be
$1,812,824.00;the federal share is estimated to be$1,457,653.00,and MPO's share is
estimated to be$355,171.00, and
WHEREAS, MPO has authorized the MPO's Executive Director to sign this Agreement,as
evidenced by the Resolution of MPO dated the 27 day of April ,2023, attached as
Exhibit"A", and
WHEREAS,MPO's UPWP has been approved and MPO desires to incur costs for eligible tasks
T-AGR-86a Revised 11/9/21 Page 1 of 15
Exhibit II: FY 2024 NDOT Program Agreement
Initial Duration, and the waiver or completion of the project financial audit and cost
settlement.
2.3 initial Duration—The benefits and obligations of this Agreement,though binding when
signed, are operative for activities beginning July 1,2023, and ending June 30, 2024.
2,4 Extension of the Agreement-State may, in its sole discretion,extend the duration of
this Agreement in writing,for an additional period of time up to,but not to exceed, one-
half of the Initial Duration of the Agreement. State will notify MPO of the State's exercise
of its right to extend this Agreement approximately one month prior to the expiration of
the Initial Duration of the Agreement.
2.5 Identifying Date—For convenience,this Agreement's identifying date will be the date
State signed the agreement.
2.6 Termination or suspension—State reserves the right to terminate or suspend this
Agreement at any time for any of the reasons provided herein.
SECTION 3. PURPOSE OF AGREEMENT AND RESPONSIBILITIES OF THE PARTIES
3.1 MPO has authorized the MPO's Executive Director to sign this Agreement, as evidenced
by the Resolution of MPO dated the 27 day of April , 2023, attached as Exhibit
"A",and incorporated herein by this reference.
3,2 MPO desires that MPO's attached UPWP be developed under the designation of Project
No. PLM-1((61), as evidenced by MPO's Board of Directors'approval as outlined in
Exhibit"B",attached and incorporated herein by this reference
3 3 Purpose
MPO wishes to be reimbursed with PL Funds for Eligible Planning Activities. MPG
understands that FHWA will not provide funding directly to MPO; but will provide
reimbursement by State with Federal funds for Eligible Planning Activities. State,
pursuant to Neb. Rev.Stat.§39-1305,will act under this Agreement as a steward of
federal funds and as a liaison between MPO and FHWA. The purpose of this
Agreement is to set forth the understanding of MPO and State concerning their
respective duties to enable the planning activities to be eligible for federal-aid funding.
Under this Agreement, MPO shall continue to have all duties concerning any aspect of
the planning processes. Nothing in this Agreement shall be construed to create any duty
of State to MPO concerning such matters. In the event that State or FHWA find that the
planning activities are ineligible for PL Funding, MPO will repay State all previously paid
federal funds,as determined by State,and any costs or expenses State has incurred
under this Agreement. MPO further agrees that MPO shall have no claim or right of
action against State under this Agreement if FHWA determines that planning activities
are not eligible in whole or in part,for Federal-aid funding. The following sections of this
Agreement include the eligibility requirements and other conditions State believes in
good faith that MPO must meet for MPO to be reimbursed with PL Funding.
MPO acknowledges that many conditions must be met by MPO in order to receive
Federal-aid reimbursement. MPO agrees to develop its UPWP in an effort to meet all
federal eligibility requirements so the planning activities may be determined eligible for
PL Funding.
3. MPO RESPONSIBILITIES
3.4.1 MPO shall meet all federal transportation planning requirements and shall select
Project No.PLM-1(61) Page 3 of 15
Control No.CN 01059M Agreement No.UL2305
Exhibit II:FY 2024 NDOT Program Agreement
Funds,as determined by State,including but not limited to,any costs reimbursed
for the time and expenses of the RC.
3.5 STATE RESPONSIBILITIES
3.5.1 Complete the duties assigned to State in this Agreement.
3.5.2 Determine and notify MPO of the estimate of PL Funding availability, including
carry-over and annual allocation target.
3.5.3 Provide technical assistance to MPO regarding PL Funding eligibility issues,
when requested by MPO.
3.5.4 Verify all invoices submitted by MPO are complete,accurate,and represent
actual costs for Eligible Planning Activities.
3.5.5 Pay MPO the federal share of the actual costs of Eligible Planning Activities as
reflected on an approved invoice.
3.5.6 Bill and collect from MPO any previously paid funds determined to be ineligible
by FHWA.
3.6 PARTIES RESPONSIBILITY
3.6.1 Parties agree to cooperatively review and adjust,when necessary,the scope,
schedules,funding, priorities, or staffing of MPO's work to make sure the UPWP
needs and goals are accomplished by MPG in accordance with the federal
requirements for use of PL Funds.
3.6.2 Parties will supplement this Agreement to reflect any changes necessary to
accomplish 3.6.1,with advance approval of the Federal Highway Administration.
SECTION 4. RESPONSIBLE CHARGE(RC) REQUIREMENTS
4.1 MPO hereby designates Carlos Morales as the RC for the Eligible Planning Activities.
4.2 Duties and Assurances of MPO concerning its designated RC for the Eligible Planning
Activities.
4.2.1 MPO understands the duties and responsibilities of MPO and RC as outlined in
the LPA Guidelines Manual.
4.2.2 MPO has authorized and fully empowered the RC to be responsible for day-to-
day Eligible Planning Activities;this requirement does not mean merely
supervising, overseeing or delegating various tasks, it means active day-to-day
involvement in the Eligible Planning Activities including identifying issues,
investigating options,working directly with stakeholders, and decision making.
4,2,3 The RC is a full-time public employee or elected official of MPO,or a full-time
employee of another entity as defined in"Public Employee"above,
4.2.4 MPO agrees to take all necessary actions and make its best good faith efforts to
ensure the RC's work meets the same standards that State must meet under
federal law.
4.2.5 If,for whatever reason,the designated RC is no longer assigned to the Eligible
Planning Activities,MPO shall,within one day or sooner if possible, notify
verbally and in writing State's Highway Planning Manager; after such notification
MPO shall replace the RC no later than thirty(30)calendar days or sooner if
possible.With advance written approval by State, MPO may use a Provisional
RC In accordance with State's Provisional RC Policy.
SECTION 5. FEDERAL AID PROJECT REQUIREMENTS
5.1 MPO agrees to comply with all Federal-aid procedures and requirements applicable to
Project No.PLM-1(61) Page 5 of 15
Control No.CN 01059M Agreement No.UL2305
Exhibit II:FY 2024 NDOT Program Agreement
Administration
Pass-Through Grantor: Nebraska Department of Transportation
Program Title: Highway Planning and Construction(Federal-Aid Highway
Program)
CFDA Number: 20.205
Project Number: PLM-1 (61)
%.4 If a Part 200 Audit is submitted by MPO, MPO shall notify the Nebraska Department of
Transportation, Highway Audits Manager,at P.O. Box 94759,Lincoln, NE 68509-4759
when the audit reporting package and the data collection form have been submitted to
the Federal Audit Clearinghouse(FAC)website.
SECTION 8. FINANCIAL RESPONSIBILITY
8.1 TOTAL COSTS AND FUNDING COMMITMENTS
The total cost of the Eligible Planning Activities is$1,812,824.00.The federal share
$1,457,653.00 is the PL Funds from the upcoming Fiscal Year.The availability of the PL
Funds is based on the continuation of existing funding levels. MPO has earmarked and
has placed in its fiscal budget at least the amount of the local match. MPO's share may
include both in kind services and a local match.The in-kind services for these Eligible
Planning Activities are estimated to be$355,171.00. This Agreement may be
supplemented if additional funding becomes available.
a.2 MPO'S FINANCIAL RESPONSIBILITY
MPO understands that payment for the costs of the Eligible Planning Activities,are the
sole responsibility of MPO when Federal participation is not allowable or available or if
the planning activities are subsequently determined to be ineligible for Federal-aid
funding. Therefore,when the Federal government refuses to participate in the costs of
the planning activities, MPO is responsible for all costs with no reimbursement under this
Agreement.
8-3 REIMBURSEMENT OF ACTUAL COSTS INCURRED BY MPO
8.3.1 MPO incurred costs of Eligible Planning Activities may be reimbursed with
federal funds at actual costs if.
a. MPO submits an UPWP budget and FHWA approves such budget
b. State has obtained federal funds obligation
c. Eligible Planning Activities performed prior to July 1, 2023,and after June
30, 2024, are ineligible for Federal-aid reimbursement
d. MPO obtains the approval of State and of FHWA prior to the purchase of
any specialized equipment over$5,000. Specialized equipment is
equipment not ordinarily used or required in the regular administrative or
planning operations of MPO. Such equipment must be required for and
used primarily for Eligible Planning Activities.The cost of this specialized
equipment must be reasonable as determined by State or FHWA
MPO agrees to certify that items of equipment included in direct costs have
been excluded from the indirect costs
f, MPG submits invoices no more frequently than monthly and no less often
than quarterly and in accordance with this Agreement. MPO is responsible
for submitting for reimbursement the total actual costs expended that are
Project No.PLM-1(61) Page 7 of 15
Control No.CN 01059M Agreement No.UL2305
Exhibit II:FY 2024 NDOT Program Agreement
a. Must be noted as paid and signed by appropriate representative
8.3.3 It is understood that when utilizing PL Funds for travel expenses related to
Eligible Planning Activities outside MPO area,MPO will submit detailed travel
information to State either prior to the travel, or submitted with the PL billing
statement. The reimbursement for meal and lodging rates shall be actual costs
limited to the prevailing standard rate as indicated in the current website address
for U.S.General Services Administration's(GSA)rates which is indicated below:
http://www.osa.00v/portaVcatenorv/100120
8.3.4 State will perform an initial check to verify that all necessary documentation is
accurate and complete. State will reimburse MPO for the Federal share of the
actual costs of Eligible Planning Activities and will make a reasonable effort to
pay MPO within thirty(30)days of State's receipt of MPO's reimbursement
request.
8.3.5 The criteria contained in Part 31 of the Federal Acquisition Regulations System
(48 CFR 31)will be applied to determine whether the costs incurred by MPO are
allowable under this agreement, including any subcontractor/subconsultant
agreements.
8.3.6 Oversight costs include:direct costs,such as compensation of MPO employees
for their time devoted and related directly to the performance of the Eligible
Planning Activities for which the federal-aid was approved;cost of materials
consumed for the Eligible Planning Activities;and indirect costs,with an
approved Indirect Cost Allocation Plan as outlined in the LPA Guidelines Manual.
8.4 AUDIT AND FINAL COST SETTLEMENT
8.4.1 The final settlement between State and MPO will be made after final funding
review and approval by State and after an audit,if deemed necessary, has been
performed to determine eligible actual costs.
8.4.2 If deemed necessary,an audit will be performed by State to determine whether
the actual costs incurred for Eligible Planning Activities are eligible for
reimbursement with federal funds. The Parties understand that the audit may
require an adjustment of the reimbursement made under this Agreement. MPO
agrees to reimburse State for any overpayments identified in the audit review,
and State agrees to reimburse MPO for underpayments when appropriate.
MPO agrees to reimburse State for MPO's share of State's cost of performing the
audit. These costs will not exceed$2,500.
8.4.3 If MPO's calculated share is more than the amount of local funds previously paid
to State, State will bill MPO for the difference. MPO agrees to pay the amount
due State within thirty(30)days of receipt of invoice.
8.4.4 If MPO's calculated share is less than the amount of local funds previously paid
to State,State will reimburse MPO for the difference and will make a reasonable
effort to pay MPO within thirty(30)days of the completion of the audit.
SECTION 9. PROCUREMENT OF ENGINEERING AND DESIGN RELATED SERVICES
MPO shall procure engineering design related services(as defined in 23 CFR 172.3)using the
Qualifications Based Selection process set out in the LPA Guidelines Manual.
SECTION 10. PROFESSIONAL PERFORMANCE
Project No.PLM-1(61) Page 9 of 15
Control No.CN 01059M Agreement No.UL2305
Exhibit II:FY 2024 NDOT Program Agreement
by State and the FHWA,Federal Transit Administration,or any authorized
representatives of the Federal government,and MPO shall furnish copies to those
mentioned in this section when requested to do so.
14.2 Papers, interim reports,forms or other materials which are a part of the work under
contract will not be copyrighted without written approval of State and Federal Highway
Administration.
14.3 Either party to the Agreement may initiate a request for publication of the final or interim
reports, or any portions thereof.
14.4 Publication by either party shall give credit to the other party and to the Federal Highway
Administration. However, if State or Federal Highway Administration does not wish to
subscribe to the findings or conclusions of the Study the following statement shall be
included on the credit sheet: "The opinions,findings and conclusions expressed in this
publication are those of the authors and not necessarily those of State or Federal
Highway Administration."
14.5 In the event of failure of agreement between State and MPO relative to the publication of
any reports during the period of the contract,each party reserves the right to publish
independently, in which event the nonoccurrence of the other party shall be set forth, if
requested.
14.6 Both written and oral releases are considered to be within the context of publication.
However,there is no intention to limit discussion of the study with participants in the
Transportation Planning Program,small technical groups or lectures to employees or
students. Lectures to other groups which describe the plans are permissible.
14,7 Neither party shall publish nor otherwise disclose, nor permit to be disclosed or
published,the results of the investigation herein contemplated,during the period of the
Agreement,without notifying the other party.
14.8 When the scheduled time for presentation of a paper does not permit formal review and
approval of a complete report,a statement must be included in the paper and in the
presentation of the effect that the paper had not been reviewed by the appropriate other
party.
SECTION 15. FAIR EMPLOYMENT PRACTICES
If MPO performs any Eligible Planning Activities itself, MPO shall abide by the provisions of the
Nebraska Fair Employment Practices Act as provided by Neb.Rev.Stat.§48-1101 to 48-1126,
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 the SECTION 19.
TITLE VI NONDISCRIMINATION CLAUSES of this Agreement. The reference to"Contractor"
in this section also means"MPO".
SECTION 16. DISABILITIES ACT
MPG agrees to comply with the Americans with Disabilities Act of 1990(P.L. 101-366), as
implemented by 28 CFR 35,which is hereby made a part of and included in this Agreement by
reference.
SECTION 17. LAWFUL PRESENCE IN USA AND WORK ELIGIBILITY STATUS
PROVISIONS
MPO agrees to comply with the requirements of Neb.Rev.Stat. §4-108 to 4-114 with the Eligible
Planning Activities, including, but not limited to,the requirements of§4-114(2)to place in any
Project No. PLM-1(61) Page 11 of 15
Control No.CN 01059M Agreement No.UL2305
Exhibit II:FY 2024 NDOT Program Agreement
records, accounts, other sources of information, and its facilities as may be determined by
State or FHWA to be pertinent to ascertain compliance with such federal 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, MPO shall so certify
to State, or FHWA as appropriate, and shall set forth what efforts it has made to obtain
the information.
19.5 Sanctions for Noncompliance:
In the event of MPO's noncompliance with the nondiscrimination provisions of this
Agreement,State will impose such contract sanctions as it or FHWA may determine to be
appropriate, including but not limited to,
(a) Withholding of payments to MPO under this Agreement until MPO complies,and/or
(b) Cancellation,termination or suspension of this Agreement, in whole or in part.
19.6 Incorporation of Provisions'
MPO shall include the provisions of sections 19.1 through 19.6 in every subcontract,
including procurements of materials and leases of equipment,unless exempt by the
Regulations, order,or instructions issued pursuant thereto. MPO shall take such action
with respect to any subcontract or procurement as State or 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, MPO may request State to enter
into such litigation to protect the interests of State, and in addition, MPO may request the
United States to enter into such litigation to protect the interests of the United States.
SECTION 20. CERTIFICATION REGARDING LOOBYPNfi FOR CONTRACTS, GRANT$r
LOANS.AND COOPERATIVE AGREEMENTS
20,1 The undersigned certifies,to the best of his or her knowledge and belief,that:
20.1.1No federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned,to any person for influencing or attempting to influence an
officer or employee of any federal agency,a Member of Congress, an officer or
employee of Congress,or an employee of a Member of Congress in connection
with the awarding of any federal contract,the making of any federal grant,the
making of any federal loan,the entering into of any cooperative agreement, and
the extension,continuation, renewal,amendment,or modification of any federal
contract,grant, loan, or cooperative agreement.
20.1.2If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer of employee of
any federal agency, a Member of Congress,an officer or employee of Congress,
or an employee of a Member of Congress in connection with this federal contract,
grant, loan,or cooperative agreement,the undersigned shall complete and
submit Standard Form-LLL,"Disclosure Form to Report Lobbying" in accordance
with its instructions.
20.1.3The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers(including subcontracts,
subgrants, and contracts under grants,subgrants, loans, and cooperative
agreements)and that all subrecipients shall certify and disclose accordingly.
20.2 This certification is a material representation of fact upon which reliance was placed
Project No. PLM-1(61) Page 13 of 15
Control No.CN 01059M Agreement No.UL2305
Exhibit II:FY 2024 NDOT Program Agreement
IN WITNESS WHEREOF,the Parties hereby execute this agreement pursuant to lawful
authority as of the date signed by each party.
EXECUTED by the MPO this r).O day of ,ZN It ,2023.
WITNESS: MPO
Michael Helgerson
?-7 jo-
d1 Executive Director
EXECUTED by the State this ,'5 day of J ,2023.
STATE OF NEBRASKA
DEPARTMENT OF TRANSPORATION
Ryan Huff, P.E.
Chief Stra gy O cer
•
Project No.PLM-1(61) Page 15 of 15
Control No_CN 01059M Agreement No.UL2305
Exhibit III: Scope & Budget
Project Name: Urban Development and Multimodal Transportation Planning Program
Description:
The City of Omaha Planning Department's Urban Development& Multimodal Transportation Planning
Program will involve multiple sub-projects and programs directly supporting MAPA's data collection
efforts,the Regional Development Report, and implementation of Heartland 2050 goals and planning
initiatives.These sub-projects include:
1. Urban Development Data Program
a. Goal
i. Provide accurate and useful information related to Omaha's development
trends and land use patterns.
b, Objectives/Tasks
i. Ongoing updates to the Existing Land Use GIS layer
ii. Annual summaries of permitting and platting trends (over past 20 years)
iii. Tracking of undeveloped land supply in Omaha's future growth areas.
iv. Tracking of missing middle and affordable housing data based on State
requirements and the City's Housing Affordability Action Plan goals
c, Eligibility
i. Provides data to supplement MAPA's Regional Growth Report, MAPA's Travel
Demand Model, and Zoning Atlas.
2. Automated Pedestrian & Bicycle Counter Program
a. Goals
i. Use counter data to understand usage patterns and long-term trends at
strategic locations along Omaha's trail system and other non-motorized
transportation facilities.
ii. Leverage permanent counter data to improve the estimation of non-motorized
traffic volumes from short-duration or limited-sample counts in the region.
b. Objectives/Tasks
i. Maintenance and data collection, analysis, and reporting from six permanent
counters and one mobile pedestrian and bicycle counter
ii. Conducting annual calibration counts at each permanent counter site
iii. Development of a web-based platform (such as ArcGIS Experience Builder)for
reporting and sharing the data
iv. Subscription for automatic data transmission from the permanent counters
c. Eligibility
i. Provides data to supplement the regional traffic reports and potentially could be
used to develop scaling or calibration factors for other limited sample (e.g.
Strava Metro) or short-duration non-motorized traffic counts throughout the
City and region.
3. Regionally Significant Planning Projects
a. Goal
i. Develop and implement land use and transportation plans and policies that
improve quality of life in the region.
b_ Objectives/Tasks
Exhibit III: Scope & Budget
N. GIS layers and other data products produced for each planning effort, such as existing
conditions evaluation layers, proposed projects/improvements layers, and any"input
studies" produced for the Comprehensive Plan update and Climate Action and
Resiliency Plan.
Budget:
P
Unit Total Federal` City
Item Cost' Cost, {70°l,}' {30".j
Personnel Costs . -- ■
1. Urban Development Data Program 151 70.00 10,570 7,399 3,171
2. Automated Pedestrian & Bicycle Counter Program 60 66.00 3,973 2,781 1,192
3. Regionally Significant Planning Projects 450 80.00 36,017 25,212 10,805
Total 661 50,560 35,392 15,168
I on-Personnel Cost:
2. Automated Pedestrian & Bicycle Counter
Program:
Automated Counter Maintenance Parts 5 100.00 500 350 15{J
Automated Data 4G Data Transmission 3 1,365.00 4,095 2,867 1,229
Upgrades
Automatic Data Transmission Subscription 6 420.00 2,520 1,74E 756
Total 7,115 4.981 2,135
Total 5'7,675. 40,3/3 17,303
CONFLICT PARAGRAPH
The Law Department of the City of Omaha serves as legal counsel to both MAPA and the
City of Omaha. Both of these entities are parties in this Agreement. Thus, it is possible that the
interests of MAPA and the City could become adverse, with respect to the formation or
performance of those contracts. In such event, the Law Department of the City of Omaha would
have a conflict of interest.
This contract has been approved as to form; as it appears to fairly state the present intent
of the parties. However, there is a need to disclose to all involved parties that there is the
possibility of a conflict of interest.