RES 2018-0080 - Agmt with public works and Omaha-Council Bluffs MAPA regarding 13th St walkability study � r
_ 666.�»999 Public Works Department
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i' `2`5 Omaha Dou las Civic Center
p i � g January 30, 2018 2B18 3 19 i 1819 Farnam Street,Suite 601
t,; ry Omaha,Nebraska 68183-0601
(402)444-5220
�rPD FEaR`}r C,1T'f ` " Fax(402)444-5248
City.of Omaha • ,• n '" Robert G. Stubbe,P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a Professional Services Agreement between the
Omaha-Council Bluffs Metropolitan-Area Planning Agency (MAPA) and the City of Omaha for the
13th Street Walkability Study Project also known as OPW 53287. The purpose of the Agreement
is for the Public Works Department and MAPA to issue a request for proposals and hire a
consultant to perform a traffic study, public outreach, and other tasks outlined in the attached
Agreement.
MAPA will provide reimbursements not to exceed $100,000.00 to the City of Omaha, and the City
Of Omaha will contribute in cash or services an amount not to exceed $25,000.00 to be disbursed
from, and reimbursed to the 2014 Transportation Bond Fund 13184, Transportation Bonds
Organization 117117.
The Public Works Department requests your consideration and approval of the attached
Resolution.
.Res.pectfully submitted, Referred to City Council for Consideration:
obert G;:Stubbei P.E. Date Mayor's Office / Date
Public Works Director
Approved as to Funding:
41:
_tepri� n•B. Curtiss ate
Finance Director '3‘)
1794Chra
C-25A
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) and
the City of Omaha desires to enter into the attached Agreement to provide certain elements of
the 13th Street Walkability Study; and,
WHEREAS, the City of Omaha, Public Works Department will perform the duties and
responsibilities detailed in the Agreement for Professional Services, which by this reference
becomes a part herein; and,
WHEREAS, MAPA will provide reimbursements not to exceed $100,000.00 to the City of ,
Omaha, and the City of Omaha will contribute in cash or services an amount not to exceed
$25,000.00 to be disbursed from, and reimbursed to the 2014 Transportation Bond Fund 13184,
Transportation Bonds Organization 117117.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OMAHA:
THAT, as recommended by the Mayor, the Agreement for Professional Services between
the City of Omaha, Public Works Department and the Omaha-Council Bluffs Metropolitan Area
Planning Agency to perform the duties and responsibilities related to the 13th Street Walkability
Study be accepted and signed.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to disburse funds from, and reimburse funds
to the 2014 Transportation Bond Fund 13184, Transportation Bonds Organization 117117 in an
amount not to exceed $125,000.00.
1794hra
APPROVED AS TO FORM:
74 L7.,. 6.
,CITY ATTORNEY DATE
4YL1 i 4174/...
By
Councilmember
Adopted JAN 3 0 2018 1 -0 .
City,CI rk
Approved k �— � ��
Mayor
Exhibit I: NDOR Program Agreement
Agreement No. BN1707
Agreement Amount $125,000.00
Nebraska •
Oepattmentof Roads
PROGRAM AGREEMENT
FY-2018 HEARTLAND 2050 WORK PROGRAM
METROPOLITAN AREA PLANNING AGENCY
STATE OF NEBRASKA, DEPARTMENT OF ROADS
PROJECT NO.22738
STATE CONTROL NO. MAPA-28(126),
HEARTLAND 2050 PROGRAM—13th STREET WALKABILITY STUDY • '
. . THIS AGREEMENT is between the Metropolitan Area Planning Agency(MAPA),an
eligible Metropolitan Planning Organization("MPO"),and the State of Nebraska, Department of
Roads("State"),collectively referred to as the"Parties".
WITNESSETH:
WHEREAS, State administers certain federal-aid Surface Transportation Block Grant
•Program(STBG)funds for MAPA MPO transportation projects, and
WHEREAS,these STBG funds may only be used for MAPA projects that are eligible for
federal-aid transportation funding,and
WHEREAS, MAPA is requesting that State set aside$100,000.00.in MPO STBG funds
for use in the Project,and
WHEREAS, attached hereto as Exhibit"A"is the 2018 Heartland 2050 Project—13'"
Street Walkability Study which has been developed by MAPA and pre-approved in concept by
State for reimbursement as a part of the Program, and
WHEREAS,this agreement governs the reimbursement of activities conducted between
for this project, and
WHEREAS,MAPA has designated a fully-qualified employee of MAPA or of a city/county
within the MAPA region, or elected official of a city/county within the MAPA,to act as
"Responsible Charge"(RC)for the planning activities,and
WHEREAS,MAPA's RC will be responsible for maintaining the eligibility of Program
activities for Federal-aid funding, and
WHEREAS, the funding for the project under this Agreement includes monies from the
FHWA,therefore, if a non-federal entity expends$750,000 or more in total federal awards in a
fiscal year then the audit requirements of 2 CFR,Subtitle A, Chapter 2, Part 200, Subpart F,
• must be addressed as explained further in this Agreement, and
WHEREAS,the Federal share payable on any portion of an eligible Program activity,will
be a maximum of 80 percent of the eligible and participating costs;the LPA's share will be the
remaining participating costs;and LPA will also be responsible for all other nonparticipating or ,
ineligible costs, and
WHEREAS,the total dollar amount of cost reimbursable under this agreement is currently •
estimated to be$100,000.00;the LPA has earmarked and has placed in its fiscal budget at least
$25,000.00,which is the amount of the local match and additional project costs,
WHEREAS,MAPA desires that the project be developed under the designation of Project
No. MAPA-5121(3),as evidenced by the Resolution of MAPA dated the day of
,20_, attached as Exhibit"B".
NOW THEREFORE,in consideration of these facts, MPO and State agree as follows:
T-AGR-86a Revised 6-3-15 Page 1 of 13
Exhibit I: NDOR Program Agreement
SECTION 1. DEFINITIONS
WHEREVER in this Agreement the following terms are used,they mean the following:
"CFR"means the Code of Federal Regulations.
"FHWA"means the Federal Highway Administration, United States Department of
Transportation,Washington, D.C.20590, acting through its authorized representatives.
"HEARTLAND 2050 WORK PROGRAM" means the annual pre-reviewed bundle of projects
and associated budgets from which MAPA can allocate MPO STBG program funds.
"MPO STBG FUNDS"mean Metropolitan Planning Organization Surface Transportation funds.
"PROGRAM"mean the Heartland 2050 Vision Program of MAPA
"MPO"means a Metropolitan Planning Organization qualified under federal law.
"NEB.REV.STAT"means the Nebraska Revised Statutes as set forth in Nebraska law.
"OMB"means the Federal Office of Management and Budget.
"RESPONSIBLE CHARGE"or"RC" means the employee of MAPA or of a city/county within
MAPA region, or elected official of a city/county within the MAPA region,who has been
empowered by MAPA to represent MAPA on planning issues and has actual day-to-day working
knowledge and responsibility for significant aspects of the MAPA Heartland 2050 program and
process. The RC works regularly with Federal-aid MPO projects and is MAPA's point-of-contact
for the program activities. Responsible charge does not mean merely delegating the various
tasks; it means active day-to-day involvement in identifying options,working directly with
stakeholders, making decisions, and actively monitoring the project. It is understood that RC
may delegate or contract certain technical tasks associated with the project so long as RC
actively manages and represents MAPA's interests in the delegated technical tasks.
"STATE"means the Nebraska Department of Roads in Lincoln, Nebraska, its Director,or
authorized representative. State is a funding liaison between MAPA and the United States.
SECTION 2. DURATION OF THE AGREEMENT
2.1 Effective Date—This Agreement is effective but executory immediately on the date it,is
• fully executed by the Parties.
2.2 Identifying Date—For convenience,this Agreement's identifying date will be the date
• State signed the agreement.
2.3 Duration—This Agreement will expire upon completion of the project and will conclude
or become inactive upon the happening of either(1)the final completion of an audit
review by State or its authorized representative and the resolution of all issues identified
in the audit report,or(2)the waiver of an audit review. Invoices must be submitted within
sixty(60)days of the completion of the final activities under this agreement.
2.4 Termination—State reserves the right to terminate this Agreement as provided herein.
SECTION 3. PURPOSE OF AGREEMENT AND RESPONSIBILITIES OF THE PARTIES
3.1 Purpose
MAPA wishes to be reimbursed for this project using set-aside STBG funds for eligible
planning activities. MAPA and State understand that FHWA will not provide funding
directly to MAPA; but will provide reimbursement with Federal funding for eligible and
participating activities through State. State, pursuant to Neb. Rev.Stat. §39-1305,will
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Agreement No.BN1707
Exhibit I: NDOR Program Agreement
•
act under this Agreement as a steward of federal funds and as a liaison between MAPA
and FHWA. The purpose of this Agreement is to set forth the understanding of MAPA
and State concerning their respective duties to enable the activities to be eligible far
federal-aid funding. Under this Agreement, MAPA shall continue to have all duties
concerning any aspect of the Heartland 2050 planning processes. Nothing in this
Agreement shall be construed to create any duty of State to MAPA concerning MAPA's
planning processes.. In the event that FHWA finds that the activities for which
reimbursements were ineligible for STBG funding,MAPA will repay the State all
previously paid federal funds, as determined by the State,and any costs or expenses
the State has incurred under this Agreement. MAPA further agrees that MAPA shall
have no claim or right of action against State under this Agreement if FHWA determines
that activities are not eligible in whole or in part,for Federal-aid funding. The following
sections of this agreement include the Program requirements and other conditions State
believes in good faith that MAPA must meet to be reimbursed with STBG funding.
MAPA acknowledges that many conditions must be met in order to receive Federal-aid
reimbursement. Those conditions include, but are not limited to,the unknown availability
of federal funds and the timely and satisfactory completion of all federal-aid funding
requirements. Therefore, MAPA agrees to develop its 2018 Work Program and seek
reimbursement in an effort to meet all federal eligibility requirements so the activities
may be determined eligible for the 2050 Heartland Vision Program.
3.2 MAPA RESPONSIBILITIES
3.2.1 MAPA has developed the Fiscal Year 2018 Heartland 2050 Work Program(2018
Work Program)which has been pre-approved in concept by State for•
reimbursement as a part of the Program and appears to meet all federal-aid
STBG funding eligibility requirements and the requirements of the State's LPA
Guidelines Manual.
3.2.2 MAPA assisted State in a review and initial eligibility determination of the project.
3.2.3 MAPA shall make changes to the projects and the 2018 Work Program, as
necessary,to meet federal requirements or when required or suggested by
FHWA or State on FHWA's behalf.
3.2.4 MAPA shall be solely responsible for managing the projects in the 2018
• Work Program.
3.2.5 MAPA shall seek reimbursement for only those eligible and actual costs incurred
while performing the tasks or activities under the terms of this Agreement.
3.2.6 MAPA shall submit accurate and complete invoices in accordance with
SECTION 7. FINANCIAL RESPONSIBILITY,and shall provide additional •
documentation when requested by State. MPO shall be solely responsible for all
non-eligible costs and for the non-federal share of eligible costs under this
Agreement. •
3.2.7 MAPA shall meet all federal-aid STBG funding requirements and shall select and
manage necessary committees and staff,and consult,collaborate and coordinate
with State to accomplish the tasks and activities of the project.
3.2.8 MAPA shall keep detailed cost information and signed time records detailing time
spent on tasks or activities, including the date and hours worked. When
requested by State, MPO shall submit time records to State.
- Page3of13
Agreement No.BN1707
Exhibit I: NDOR Program Agreement
3.2.9 MAPA,when developing and completing activities under this Agreement, shall
follow all guidelines and requirements outlined in the State's LPA Guidelines
Manual for Federal Aid Projects in regard to the method of procurement,
evaluation,selection, and contract types.
3.2.10 MAPA shall obtain written approval from State and the Federal Highway
Administration,after consultation with State,when MAPA determines that
changes to the 2018 Work Program are necessary. -
3.2.11 MAPA agrees that it is ultimately responsible for complying with all Federal and
State requirements and policies applicable to Federal-aid STBG funding. MAPA
understands that failure to meet any eligibility requirements for STBG funding
may result in the loss of all funds. In the event that the acts or omissions of RC,
the MAPA or its agents or representatives result in a finding that the project is
ineligible for STBG funding is, MAPA will repay the State all previously paid
STBG funds, as determined by the State, including but not limited to,any costs
reimbursed for the time and expenses of the RC. •
3.3 STATE RESPONSIBILITIES
3.3.1 Complete the duties assigned to State in this agreement in a timely manner. •
3.3.2 Review and make suggestions to the Heartland 2050 Program and the annual
• Work Program.
r
3.3.3 Provide technical assistance to MAPA'regarding funding eligibility issues,when
requested by MAPA.
3.3.4 Notify MAPA of any additional information needed from MAPA with respect to
invoices submitted.
3.3.5 Review the tasks and activities described on each invoice for conformance
with the 2018 Work Program.
3.3.6 When determined to be eligible for payment, Pay MAPA the federal share of
eligible and actual costs incurred as reflected on a properly submitted invoice.
3.4 PARTIES RESPONSIBILITIES
3.4.1 The Parties agree to cooperatively review and adjust,when necessary,the
scope,schedules,funding, priorities,or staffing of MAPA's work to make sure the
project goals are accomplished by MAPA in accordance with the federal
requirements for use of STBG funds.
3.4.2 The Parties will supplement this Agreement to reflect any changes resulting from
3.4.1,with advance approval of the Federal Highway Administration.
SECTION 4. RESPONSIBLE CHARGE(RC)REQUIREMENTS •
•
• 4.1 MAPA hereby designates Michael Helgerson as the RC for this project.
4.2 Duties and Assurances of MAPA concerning its designated RC for this project.
4.2.1 MAPA understands the duties and responsibilities of MAPA and RC as outlined
in the LPA Guidelines Manual for Federal-Aid Projects.
4.2.2 MAPA has authorized and fully empowered the RC to be in day-to-day
responsible charge of the subject Federal-aid project;this does not mean merely •
supervising, overseeing or delegating various tasks, it means active day-to-day
involvement in the project including identifying issues, investigating options,
working directly with stakeholders,and decision making.
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Agreement No.BN1707
Exhibit I: NDOR Program Agreement
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 MAPA agrees to take all necessary actions and make its best good faith efforts to
ensure that the RC's work on the project would be deemed to meet the same
standards that State must meet under 23 CFR 635.105.
4.2.5 If,for whatever reason,the designated RC is no longer assigned to the project,
MAPA shall,within one day or sooner if possible,notify verbally and in writing the
State's Representative; after such notification MAPA shall replace the RC no
later than thirty(30)calendar days or sooner if possible.With advance written
approval by State, MAPA may use a Provisional RC in accordance with State's
Provisional RC Policy.
SECTION 5. FEDERAL AID PROJECT REQUIREMENTS
5.1 MAPA agrees to comply with all Federal-aid procedures and requirements applicable to
this Agreement, including federal laws,and when applicable,state and local laws, and
the LPA Guidelines Manual for Federal-aid Projects.
5.2 The Applicable Legal and Contract Requirements.
5.2.1 Title 23 U.S.C.,and 23 CFR,—The primary provisions of law applicable to this
Agreement are generally found in 23 U.S.C.Section 134; and 23 CFR Part 420,
subpart A, and Part 450,subpart C.
• 5.2.2 LPA Guidelines Manual-MAPA also agrees to strictly comply with the provisions
of the LPA Guidelines Manual for Federal Aid Projects(The Manual),which is
incorporated herein by this reference. The Manual is a document drafted in part,
and formally approved, by FHWA as a document setting out requirements for
LPA or MAPA projects funded with PL funds. A current version of The Manual
can be found in its entirety at the following internet address:
http://www.transportation.nebraska.gov/qov-aff/Ipa-guide-man.html. In the event
MAPA believes that The Manual doesn't clearly address a particular aspect of
the project work, MAPA shall seek guidance or clarification from the State's Local
Project Section Engineer, and shall make its best effort to comply with such
guidelines or clarification.
5.3 Loss of Funding. In order for MAPA to receive federal funds for any part of the activities
under this Agreement, MAPA shall perform the services for all aspects of the activities,
according to federal procedures and requirements. Although federal funds may be
allocated to the activities, all or certain activities may become ineligible for federal funds,
if federal procedures and requirements are not met.
SECTION 6. SUSPENSION OR TERMINATION
6.1 Suspension.
State, in its sole discretion, reserves the right to suspend MPO's STBG funding when
State determines that there are issues related to responsiveness,quality,project
monitoring,eligibility or compliance with the terms of this agreement that must be
corrected by MPO. Suspension may include,but is not limited to, State declaring MPO's
• continued work on the project ineligible for reimbursement and State discontinuing
reimbursement of MPO's invoices.\ State shall provide MAPA with notice of the
suspension including: (1)a description of the reason(s)for the suspension, (2)a
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Agreement No.BN1707
Exhibit I: NDOR Program Agreement
timeframe for MAPA to correct the deficiencies, and(3)a description of the actions that
must be taken for State to revoke the suspension.
•
A suspension may also be imposed by State for any of the reasons listed in the
Termination subsection below. Failure to correct the deficiencies identified in a
suspension will be grounds for the loss of eligibility for STBG funding and for termination
of this Agreement.
6.2 Termination. This Agreement may be terminated as follows:
6.2.1 State and MPO, by mutual written agreement,may terminate the agreement at
any time.
6.2.2 State may terminate this agreement for the following reasons: •
a. A decrease or shift in available STBG funding that will, in the sole discretion
of State, make it unlikely or impossible for activities to be prioritized to receive
STBG funding.
b. MPO's activities have not properly advanced.
c. MAPA has failed to replace a vacant RC position with a State-approved RC
within 30 days.
d. MPO's failure to meet the requirements for Federal-aid local projects found in
federal,state, or local law or policy, or the requirements of the LPA
Guidelines Manual.
e. A notice or declaration of FHWA or State that any part of the activities is or •
has become ineligible for STBG funding.
f. MPO's failure to sign any State requested documents in a timely manner.
g. MPO's breach of a provision of this agreement.
6.2.3 MAPA may terminate the agreement upon sixty(60)days written notice of
termination to State.
• 6.2.4 Prior to State terminating this agreement,State shall provide written notice to
MAPA of the basis for termination and,when determined applicable by State,
provide MAPA sixty(60)days to properly resolve all issues identified by State.
6.2.5 Whenever the activities are terminated MAPA will thereafter be solely
responsible for all costs associated with MPO's project.
SECTION'7. FINANCIAL RESPONSIBILITY •
7.1 TOTAL PROJECT COSTS AND FUNDING COMMITMENTS
The total cost of the eligible planning activities is$125,000.00 as set out in the table
below:
Phase Federal Local Match Total
Preliminary Engineering $100,000.00 $25,000.00 $125,000.00
Totals $100,000.0 $25,000.00 $125,000.00
•
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Agreement No.BN1707
Exhibit I: NDOR Program Agreement •
7.2 MAPA RESPONSIBILITY
MAPA.understands that payment for the costs of this project, are the sole responsibility
of MAPA when Federal participation is not allowable or available or if the project is.
subsequently determined to be ineligible for Federal-aid funding. Therefore,when the
Federal government refuses to participate in the costs of the activities,MAPA is
responsible for all costs with no reimbursement under this Agreement.
7.3 REIMBURSEMENT OF COSTS INCURRED BY THE MPO
8.3.1 MAPA incurred project costs of those listed in this section may be eligible for
reimbursement from federal funds for this project if:
a. State has obtained federal funds obligation
b. MAPA submits invoices no more frequently than monthly and no less often
than quarterly and in accordance with this Agreement. MAPA is responsible
for submitting for reimbursement the total actual costs expended that are
eligible for Federal-aid. State,on behalf of FHWA,will review the costs •
submitted and determine what costs are eligible for reimbursement. State
will reimburse MAPAfor the Federal share of the eligible actual costs.
MAPA shall retain detailed cost records supporting all invoices,and shall
submit those records to State upon request.
7.3.1 MAPA is required to submit their reimbursement requests electronically through
State's invoice workflow system OnBase for review,approval, and payment.
OnBase information, user guide,and instructional videos are available at
http://www.tra nsoortation.nebraska.aov/mat-n-tests/onbase/obinfo.html.
Reimbursement requests should be submitted to State's Highway Planning
Manager. In addition to a cover sheet showing the amount of the reimbursement
request and the local share,the reimbursement request must also include the
following:
1. Invoice—the invoice must include the following:
•
a. MAPA name and address
b. Invoice number
c. Invoice date
• d. Services provided to and from dates
e. Contact person for questions about the invoice
f. Breakdown of MPO's expenses
i. Direct Labor Costs(hours worked multiplied by the actual labor rate)
ii. Labor Fringe Benefits and/or if appropriate Indirect(Overhead)Costs
• iii.Fee For Profit(as negotiated in the professional services agreement)
iv.Direct Non-Labor Costs
•
g. Federal balance due to the MAPA for the current period
h. Federal and Local share breakdown of the expenses •
2. NDOR Cost Breakdown Form(DR Form 162C or 162D); properly prepared,
signed and dated.The form can be found on State's webpage at
http://www.transoortation.nebraska.gov/rfp.
3. Progress Report—must include the following in accordance with 23 CFR
420.117:
•
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Agreement Na.BN1707
Exhibit I: NDOR Program Agreement _
a.Comparison of actual performance with established goals
b. Progress in meeting schedules
•
c. Comparison of budgeted(approved)amounts and actual costs incurred.
Cost overruns and underruns
e.Approved program revisions, and
f.Other pertinent supporting data
4. Breakdown of Subcontractors/Subconsultant expenses and Proof of Payment
(e.g.canceled checks or funds transfer)
7.3.2 It is understood that when utilizing STBG Funds for travel expenses related to
• activities outside the MAPA area, MAPA will submit detailed travel information to
State either prior to the travel, or submitted with the STBG billing statement. The
reimbursement for meal and lodging rates shall be 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.cisa.gov/portal/category/100120
7.3.3 State will perform an initial check to verify that all necessary documentation is
accurate and complete. State will reimburse MAPA for the Federal share of the
eligible actual costs and will make a reasonable effort to pay MAPA within thirty
(30)days of State's receipt of MPO's reimbursement request.
• 7.3.4 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 MAPA
are allowable under this agreement, including any Professional Services
agreements.
7.3.5 Project oversight costs include:direct costs,such as compensation of MAPA
employees for their time devoted and related directly to the performance of the
project phase for-which the federal-aid was approved;cost of materials
consumed as part of the project;and indirect costs,with an approved Indirect
Cost Allocation Plan as outlined in the LPA Guidelines Manual for Federal Aid
Projects.
7.4 AUDIT AND FINAL COST SETTLEMENT
7.4.1 The final settlement between State and MAPA 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.
7.4.2 If deemed necessary, an audit will be performed by State to determine whether
the actual costs incurred on the project are eligible for reimbursement with
federal funds. The amount of the final settlement between State and MAPA will •
be MAPA's share of the total eligible project costs, plus all ineligible project costs,
less the total local funds previously paid to the State by MAPA.
•
SECTION 8. PROCUREMENT OF PROFESSIONAL SERVICES
When applicable, MAPA shall procure engineering and planning services providers using the
Qualifications Based Selection process set out in the LPA Guidelines Manual. Professional
services include, but are not limited to; planning studies and preliminary engineering.
SECTION 9. PROFESSIONAL PERFORMANCE
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Agreement No.BN1707
Exhibit I: NDOR Program Agreement
It is understood by the Parties that MAPA is solely responsible for all activities(work product)
completed under this Agreement.Any review or examination by State, or acceptance or use of
the work product of MAPA or its Consultant will not be considered to be a full and
comprehensive review or examination and will not be considered an approval,for funding or for
any other purpose,of the work product of MAPA or its Consultant which would relieve MAPA
from any expense or liability that would be connected with MPO's sole responsibility for the
propriety and integrity of the work product to be accomplished by MAPA or its Consultant.
SECTION 10.INDEMNITY •
MAPA agrees to hold harmless, indemnify,and defend State and FHWA against all liability,
loss,damage,or expense, including reasonable attorney's fees and expert fees, that State or
FHWA may suffer as a result of claims,demands,costs, or judgments arising out of MPO's
work and the terms of this Agreement.
SECTION 11. CONFLICT OF INTEREST LAWS
11.1 MAPA shall review the Conflict of Interest provisions of 23 CFR 1.33 and 49 CFR
18.36(b)(3)and agrees to comply with all the Conflict of Interest provisions(including •
applicable State and local provisions)in order for the planning activities to remain fully
eligible for State or Federal funding. MAPA should review, understand and follow the
instructions provided in the NDOR CONFLICT OF INTEREST GUIDANCE DOCUMENT
FOR LPA OFFICIALS, EMPLOYEES&AGENTS FOR LOCAL FEDERAL-AID
TRANSPORTATION PROJECTS located on State's website at the following location:
http://www.transportation.nebraska.aov/gov-aff/Ipa/chapter-forms/coi/coi-guidance-doc-
• Ipa.pdf
11.2 MAPA must also complete,sign and submit to State's Representative,the NDOR
CONFLICT OF INTEREST DISCLOSURE FORM FOR LPAS FOR LOCAL FEDERAL-
AID TRANSPORTATION PROJECTS.. This form is located on State's website at the
following location:
http://www.transportation.nebraska.gov/gov-aff/Ipa/chapter-forms/coi/coi-disclosure-doc-
Ipa.pdf
11.3 Consultants and Subconsultants providing services for MPO's, or submitting proposals
for services,shall submit to MAPA and State's Representative a Conflict of Interest
Disclosure Form for Consultants. Consultants and Subconsultants shall submit a
revised form for any changes in circumstances,or discovery of any additional facts that
could result in someone employed by,or who has an ownership, personal, or other
• interest with Consultant or Subconsultant having a real or potential conflict of interest on
an MAPA federal-aid transportation project.
SECTION 12. DRUG FREE WORKPLACE
MAPA shall have an acceptable and current drug-free workplace policy on file with State.
SECTION 13. RECORDS RESPONSIBILITY
13.1 MAPA shall maintain all correspondence,files, books,documents;papers, accounting
records and other evidence pertaining to costs incurred and shall make such material
available at its office. These records shall be available at all reasonable times during the
contract period and for at least three years from the date of final cost settlement under
this agreement. Such records must be available for inspection by State and the FHWA,
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Exhibit I: NDOR Program Agreement
•
•
•
Federal Transit Administration, or any authorized representatives of the Federal
government, and MAPA shall furnish copies to those mentioned in this section when
requested to do so..
13.2 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.
13.3 Either party to the Agreement may initiate a request for publication of the final or interim •
reports,or any portions thereof. •
13.4 Publication by either party shall give credit to the other party and to the Federal Highway
Administration. However, if the 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 the State or Federal
Highway Administration."
13.5 In the event of failure of agreement between State and MAPA 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.
SECTION 14. FAIR EMPLOYMENT PRACTICES
If MAPA performs any part of the work on this project itself, MAPA 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 30.
TITLE VI NONDISCRIMINATION CLAUSES of this agreement. The reference to"Contractor" in
this section also means"MPO". •
SECTION 15. DISABILITIES ACT
. MAPA 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 16.LAWFUL PRESENCE IN USA AND WORK ELIGIBILITY STATUS
PROVISIONS
MAPA agrees to comply with the requirements of Neb.Rev.Stat.§4-108 to 4-114 with its
Federal-aid project, including, but not limited to,the requirements of§4-114(2)to place in any
contract it enters into with a public contractor a provision requiring the public contractor to use a
federal immigration verification system to determine the work eligibility status of new employees
physically performing services within the State of Nebraska.
SECTION 17. DISADVANTAGED BUSINESS ENTERPRISES(DBE)
17.1 Policy
MAPA 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 financed in whole or in part with Federal Funds under this agreement.
Page 10of13
Agreement No.BN1707
•
•
Exhibit I: NDOR Program Agreement
•
Consequently,the DBE requirements of 49 CFR Part 26 are hereby made a part of and
incorporated by this reference into this agreement.
17.2 Disadvantaged Business Enterprises(DBEs)Obligation •
MAPA and State 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 subcontracts financed in whole or in part with Federal Funds provided
under this.agreement. In this regard, MAPA 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. MAPA
• shall not discriminate on the basis of race,color, national origin, or sex in the award and
performance of FHWA assisted contracts.
MPO, acting as a sub-recipient of Federal-aid funds on this project shall adopt the
• disadvantaged business enterprise program of State for the Federal-aid contracts MAPA
enters into on this project.
Failure of MAPA to carry out the requirements set forth above shall constitute breach of
contract and,after the notification of the FHWA, may result in termination of the
agreement or contract by State or such remedy as State deems appropriate.
SECTION 18. TITLE VI NONDISCRIMINATION CLAUSES
During the performance of this agreement, MPO,for itself, its assignees and successors in •
interest agrees as follows: • • •
18.1 Compliance with Regulations:
MAPA 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.
18.2 Nondiscrimination: •
MPO,with regard to the work performed by it after award and prior to completion of the
contract work,shall not discriminate on the basis of disability, race, color,sex, religion or
national origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. MAPA shall not participate either directly or indirectly
in the discrimination prohibited by Section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix-"A,""B,"and"C"of
Part 21 of the Regulations.
18.3 Solicitations for Subcontracts, Including Procurements of Materials and Equipment:
In all solicitations either by competitive bidding,or negotiation made by MAPA for work to
be performed under a subcontract, including procurements of materials or equipment,
each potential subcontractor or supplier shall be notified by MAPA of MPO's obligations
under this agreement and the Regulations relative to nondiscrimination on the basis of
disability, race,color,sex, religion or national origin.
18.4 Information and Reports: . •
MAPA shall provide all information and reports required by the Regulations, or orders and •
instructions issued pursuant thereto,and will permit access to its books, records,
accounts,other sources of information, and its facilities as may be determined by State or
FHWA to be pertinent to ascertain compliance with such Regulations, orders and
•
Page 11 of 13
Agreement No.BN1707
•
Exhibit I: NDOR Program Agreement
instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish this information, MAPA shall so
" certify to State, or FHWA as appropriate,and shall set forth what efforts it has made to
obtain the information. •
18.5 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 MAPA under this agreement until MAPA complies,
and/or
(b) Cancellation,termination or suspension of this agreement, in whole or in part.
18.6 Incorporation of Provisions:
MAPA shall include the provisions of paragraphs(1)through(6)in every subcontract,
including procurements of materials and leases of equipment, unless exempt by the •
Regulations,order, or instructions issued pursuant thereto. MAPA 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, MAPA may request State to enter
into such litigation to protect the interests of State, and in addition, MAPA may request the
United States to enter into such litigation to protect the interests of the United States.
SECTION 19. ENTIRE AGREEMENT
This Agreement embodies the entire agreement of the Parties. There are no promises,terms,
conditions,or obligations other than contained herein,and this Agreement supersedes all
previous communications, representations, or other agreements or contracts,either oral or
written hereto.
•
•
•
•
•
Page 12 of 13
Agreement No.BN1707 •
•
Exhibit I: NDOR 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 MAPA this day of ,2017.
WITNESS: METROPOLITAN AREA PLANNING AGENCY
Greg Youell
Director
•
EXECUTED by the State this day of ,2017.
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Mick Syslo, P.E.
Materials and Research Engineer
•
•
•
•
Page 13 of 13
Agreement No.BN1707
Exhibit I: NDOR Program Agreement
13th Street Walkability Study
Scope of Work & Budget
Project Objectives & Key Tasks
The objective of this Corridor Study is to analyze and determine how to best utilize the existing right-of-
way to accommodate all users including automobiles,transit, bicycles, pedestrians,and on-street
parking now and in the future.The project should result in concept plans and an implementation
program. Public engagement and input will be led by public agencies and will be an essential part of the
study. Key tasks include public outreach, an inventory and analysis of existing conditions,development
and analysis of alternatives, and recommendations made as part of a final plan.
There are many examples of historic commercial districts in need of revitalization scattered across the •
region. Many of these districts experienced significant disinvestment in the mid-twentieth century as
populations moved from the urban core to the formerly agricultural areas at the fringe of the city. More
recently, demand for housing and commercial space has begun to shift back to the historic districts. For
example, Omaha's Benson and Blackstone neighborhoods have seen tremendous redevelopment in the
past five-to-ten years. In these cases,the streetscape was updated as a result of development pressure,
though the configuration of elements in the right-of-way was considered for only short stretches of the
street.
The proposed Study will take an alternate approach of proactively examining streetscape elements
throughout an entire corridor and recommending multimodal enhancements that will serve existing
users and help guide future development. It will set up a process that will be replicable supporting safer
and more comfortable pedestrian mobility and opportunities for efficient infill development in similar
historic commercial districts throughout the region. In this way,the Corridor Study will serve as a model
for implementing a Complete Streets Policy,fulfilling a strategy described under Outcome 5.1 of H2050's
Action Plan. In addition,the Study will seek to improve a primary corridor connecting Downtown Omaha
to its neighbors to the south
The City of Omaha's Planning and Public Works Departments will work with MAPA to issue an RFP and
hire a consultant to carry out the study. City and MAPA staff will work with the South Omaha
Neighborhood Alliance on public engagement activities and develop street design alternatives.City staff
will direct the consultant in completing a traffic study and determining the final recommendations.
MAPA will provide staff support in the public engagement portion of this project.
•
EXHIBIT"A"
Page 1 of 2
Exhibit I: NDOR Program Agreement
The City of Omaha and MAPA will hire a consultant and work through the following tasks:
• Public Outreach—Will consist of assembling a stakeholder committee, holding at least two
public meetings, and presenting findings to the City Council. •
Existing Conditions Analysis—Will include a review of existing planning documents related to
the study area,developing an inventory of data describing the existing conditions in the
corridor,and analyzing vehicular traffic along with barriers to pedestrian mobility.
• Alternatives Development and Analysis—Will involve the development of a microsimulation of
current and horizon years,the crafting of performance measures to guide analysis, creation of
alternative treatments, and a feasibility evaluation of the alternatives.
• Recommendations and Plan—Will include recommendations in a corridor improvement plan
. along with cost estimates.
The study area boundary is 13th Street from Interstate 480 in the north to Interstate 80 in the south
(2.25 miles) and 14th Street from Interstate 480 in the north to Leavenworth Street in the south 0.75
miles).
Deliverables
Final report of walkability study and associated data
Project Budget
Consultant Services $ 120,000
MAPA Engagement and Outreach Services 5,000
Total Project Cost $125,000
Funding Sources:
H2050 Mini-Grant Funding Award (STBG) $ 100,000
Local Financial Match $ 25,000
•
EXHIBIT"A"
Page 2 of 2
Exhibit I: NDOR Program Agreement
•
RESOLUTION
SIGNING OF THE PROJECT PROGRAM AGREEMENT
• METROPOLITAN AREA PLANNING AGENCY(MAPA)
•
Resolution No. •
Whereas: MAPA is proposing a transportation project for which it would like to obtain Federal
funds;
Whereas: MAPA understands that it must strictly follow all Federal, State and local laws, rules,
regulations, policies and guidelines applicable to the funding of the Federal-aid project; and
Whereas: MAPA and Nebraska Department of Transportation(NDOT)wish to enter into a
Project Program Agreement setting out the various duties and funding responsibilities for the
Federal-aid project.
Be It Resolved: by the Board of MAPA, Nebraska that:
Greg Youell, Director, is hereby authorized to sign the attached Project Program Agreement
between the MAPA and the NDOT.
MAPA is committed to providing local funds for the project as required by the Project Program •
Agreement.
NDOR Project Number: MAPA-5121(3)
NDOR Control Number:22738
NDOR Project Name: 13th Street Walkability Study
•
Adopted this day of , 2017 at Nebraska.
(Month) (Year)
The Board Members of MAPA,
•
•
•
Board/Council Member
Moved the adoption of said resolution
Member Seconded the Motion
Roll Call: Yes No Abstained Absent
Resolution adopted,signed and billed as adopted
Attest:
Signature
Exhibit II: Scope of Work and Budget
13th Street Wa l ka b i l ity Study
Scope of Work & Budget
•
Project Objectives & Key Tasks
The objective of this Corridor Study is to analyze and determine how to best utilize the existing right-of-
way to accommodate all users including automobiles,transit, bicycles, pedestrians,and on-street
parking now and in the future.The project should result in concept plans and an implementation
program. Public engagement and input will be led by public agencies and will be an essential part of the
study. Key tasks include public outreach, an inventory and analysis of existing conditions,development
and analysis of alternatives,and recommendations made as part of a final plan.
There are many examples of historic commercial districts in need of revitalization scattered across the
region. Many of these districts experienced significant disinvestment in the mid-twentieth century as
populations moved from the urban core to the formerly agricultural areas at the fringe of the city. More
recently, demand for housing and commercial space has begun to shift back to the historic districts. For
example, Omaha's Benson and Blackstone neighborhoods have seen tremendous redevelopment in the
past five-to-ten years. In these cases,the streetscape was updated as a result of development pressure,
though the configuration of elements in the right-of-way was considered for only short stretches of the
street.
The proposed Study will take an alternate approach of proactively examining streetscape elements
throughout an entire corridor and recommending multimodal enhancements that will serve existing
users and help guide future development. It will set up a process that will be replicable supporting safer
and more comfortable pedestrian mobility and opportunities for efficient infill development in similar
historic commercial districts throughout the region. In this way,the Corridor Study will serve as a model
for implementing a Complete Streets Policy,fulfilling a strategy described under Outcome 5.1 of H2050's
Action Plan. In addition,the Study will seek to improve a primary corridor connecting Downtown Omaha
to its neighbors to the south
The City of Omaha's Planning and Public Works Departments will work with MAPA to issue an RFP and
hire a consultant to carry out the study.City and MAPA staff will work with the South Omaha
Neighborhood Alliance on public engagement activities and develop street design alternatives. City staff
will direct the consultant in completing a traffic study and determining the final recommendations.
MAPA will provide staff support in the public engagement portion of this project.
•
Exhibit II: Scope of Work and Budget
The City of Omaha and MAPA will hire a consultant and work through the following tasks:
• Public Outreach.—Will consist of assembling a stakeholder committee, holding at least two
public meetings,and presenting findings to the City Council.
Existing Conditions Analysis—Will include a review of existing planning documents related to
the study area, developing an inventory of data describing the existing conditions in the
corridor, and analyzing vehicular traffic along with barriers to pedestrian mobility.
• Alternatives Development and Analysis-Will involve the development of a microsimulation of
current and horizon years,the crafting of performance measures to guide analysis,creation of
alternative treatments, and a feasibility evaluation of the alternatives.
• Recommendations and Plan—Will include recommendations in a corridor improvement plan
along with cost estimates.
The study area boundary is 13th Street from Interstate 480 in the north to Interstate 80 in the south
(2.25 miles) and 14th Street from Interstate 480 in the north to Leavenworth Street in the south 0.75
miles).
Deliverables
Final report of walkability study and associated data
•
Project Budget
Consultant Services $ 120,000
MAPA Engagement and Outreach Services 5,000
Total Project Cost $125,000
Funding Sources: •
H2050 Mini-Grant Funding Award (STBG) $ 100,000
Local Financial Match $ 25,000
•
CONTRACT COVER PLATE
CONTRACT IDENTIFICATION
1. Contract Number: 185022004
2. Project Number: 13th Street Walkability Study
3. Effective Date: Date of Written "Notice to Proceed"
4. Completion Date: June 30, 2018
•
CONTRACT PARTIES •
•
5. Contractor Name and Address:
City of Omaha
Public Works 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
7. Contract—not to exceed $100,000 FHWA PL Funds, plus minimum $25,000 in local matching funds.
Allotted -$100,000 FHWA PL Funds, CFDA Number 20.205
DATES OF SIGNING AND MAPA BOARD APPROVAL
8. Date of MAPA Board Approval-
•
9. Date ofCity Approval
10. Legal Review- •
11. Date of State Concurrence-
•
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT entered into this twenty-seventh day of July, 2017 by and between City of Omaha,
Nebraska on behalf of the City of Omaha Public Works 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"), pro-
viding for professional services described herein and within the MAPA FY 2018 Unified Work Program
(hereinafter referred to as the"FY 2018 Program").
NOW, THEREFORE, it is mutually understood and agreed by the parties hereto as follows:
1. EMPLOYMENT OF THE CITY
The City through its Public Works Department agrees to undertake certain transportation
planning activities identified in Section 134 of Title.23 United States Code and 23 CFR Part 420,
subpart A and Part 450, subpart C, and incorporated into MAPA's FY 2018 Program. This Agree-
ment shall be subject to all required provisions of the Nebraska Department of Roads ("NDOR")
Agreement Project BN1707 attached as Exhibit I and incorporated hereto by reference.
2. AREA COVERED
The area to be covered in the study under this Agreement shall be City of 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 2018 Unified Work Program for transportation planning activities for the
OmahaCouncil Bluffs Metropolitan Area. The City will procure and supervise a consultant to
prepare a planning study"13th Street Walkability Study". Exhibit II
B. MAPA staff shall be represented on any stakeholder committee assigned to the study.
C. 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.
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 the activities included in the scope.
D. 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 2018
1
Program may be documented in a single report or additional reports as is mutually agreeable to
MAPA and the City.
E. The City will cooperate with MAPA in the preparation of information and reports to meet in a
timely manner, the requirements of NDOR. MAPA will be provided a copy of data and reports
developed as a result of this Agreement.
F. 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 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 NDOR.
5. TIME OF PERFORMANCE
The City agrees to perform the services of this Agreement as outlined in the FY 2018 Program and
stated herein, within the time of this Agreement. The agreement shall cover work performed
beginning once written "Notice to Proceed" is issued, and ending June 30, 2018.
6. COMPENSATION
Contingent upon receipt of Federal Highway Administration (FHWA) PL funds from NDOR under
Agreement Project No. , 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 incurred
and to include direct costs not to exceed in any event one hundred thousand dollars ($100,000)
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 twenty-
•
five thousand dollars($25,000). Services shall be defined as staff time paid with non-federal dollars
or equipment purchased with non-federal dollars. (Exhibit II)
2 .
•
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 must 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,
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 in accordance 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 and•the
contract cost principles and procedures set forth in 2 CFR 200.
C. The City shall establish and maintain separate accounts for expenditures under .NDOR
Agreement Project No.
D. If necessary, the Federal award information needed for the 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 (Federal-Aid Highway Program) •
• 3
•
CFDA Number: 20.205
Project Number: 185022004
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, NDOR 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 NDOR-MAPA audit is completed, resolved and closed.
F. The City shall at all times afford a representative of MAPA, NDOR, 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 as 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 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 NDOR 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 NDOR under Agreement Project No.
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
4
and salary range of each such position. It is agreed that employees of the City, whose time is
directly assignable to this FY 2018 Program,shall keep and sign a time record showing the work
element and work activity of the FY 2018 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
City) 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 NDOR, 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.
• 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. 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 NDOR, shall be incorporated in written
amendments to this Agreement and duly executed by authorized officials of the Parties.
11. PROHIBITED INTEREST
A. No member of or delegate to the Congress of the United States shall be admitted to any share
or part of this Agreement or to any benefit arising there from.
B. No member,officer,or employee of MAPA or of a local governing public body during their tenure
or one (1) year thereafter shall have any financial interest, direct or indirect, in this Agreement
or the proceeds thereof.
5
12. 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.
13. 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.
14. INTEREST OF THE CITY
The City covenants that it presently has no interest and shall not acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance or services required to
be performed under this Agreement. The City further covenants that in the performance of this
Agreement, no person having any such interest shall be employed.
15. 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 Section 134 of Title 23
United States Code."
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
•
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participating in the transportation planning process. Copies of said documents will be made
available to such participants upon request at costs of such reproduction.
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16. 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 NDOR 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
NDOR 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
NDOR or the Federal Highway Administration."
D. In the event of failure of agreement between NDOR 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
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.
17. NONDISCRIMINATION
A. Both Parties agree that in accordance with the Nebraska Fair Employment Practice Act, Neb.
Rev. Stat. § 48-1101 to 48-1126, they will not discriminate against any employee or applicant
for-employment, to be employed in the performance of this Agreement, with respect to hire, •
tenure, terms, conditions, or privileges of employment because of the age, race, color, religion,
sex, disability, or national origin of the employee or applicant. None of the Parties shall, in the
7
performance of this Agreement, discriminate or permit discrimination in violation of federal or
state laws or local ordinances.
B. The City agrees to comply with the requirements of Title VI of the Civil Rights Act of 1964.
C. The City further agrees to comply with any and all requirements of the U. S. Department of
Transportation and the Federal Highway Administration regarding equal employment
opportunity and nondiscrimination.
18. MINORITY BUSINESS ENTERPRISE
In connection with the performance of this Agreement, the City will cooperate with the project
sponsor in meeting commitments and goals with regard to the maximum utilization of minority
business enterprises and will use its best efforts to insure that minority business enterprises shall
have the maximum practicable opportunity to compete for subcontract work under this Agreement
to the extent allowable by law.
19. 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.
20.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.
21.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.
22.DRUG FREEPOLICY
The City shall have an acceptable and current drug-free workplace policy.
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23.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.
24.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
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.
25.COPELAND"ANTI-KICKBACK"ACT(18 U.S.C. 874 and 40 U.S.C. 276c)
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.
26.DAVIS-BACON'ACT, as amended (40 U.S.C. 276a to a-7)
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
•
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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.
27. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT(40 U.S.C. 327-333)
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 ordinarily available
on the open market, or contracts for transportation or transmission of intelligence.
•
28. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGEEMENT •
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.
29. DEBAREMENT 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]
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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 ��.- v _ " _ - DATE: 7ZU/7-
a ,. s.
oar* Directors
ak • e 'AHA, NEBRASKA
Attest: / 'JD t.(� by DATE:
Titl ) t.A.r.� 6t) ILL g /O
APPROVED AS TO LEGAL FORM
DATE 1//7 , 20 1-7
Signed
MAPA L"egai Co nsel
APPROVED AS TO FORM:
DEPUTY CITY ATTORNEY
11
NO. m
' Item Submitted.By: Hannah Adeponu
Department: Public Works
Council Meeting Date: January 30, 2018
Res. that, as recommended by the Mayor, the Agreement for Professional Services between the
City of Omaha, Public Works Department and the Omaha-Council Bluffs Metropolitan Area
Planning Agency to perform the duties and responsibilities related to the 13th Street Walkability
Study be accepted and signed; and that, the Finance Department is authorized to disburse
funds from, and reimburse funds to the 2014 Transportation Bond Fund 13184, Transportation
Bonds Organization 117117 in an amount not to exceed $125,000.00.
Presented to City Council
January 30, 2018
APPROVED 7-0
8Itzabeth Nutter
City Clerk