RES 2016-1013 - Agmt with NDOR for improvements on Veterans Memorial bridge ,0 pHA.NFB
Public Works Department
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City of Omaha T ( K Robert G. Stubbe,P.E.
Jean Stothert,Mayor + )I' �',a K Pu
blic ublie Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a Program Agreement between the City of
Omaha and the Nebraska Department of Roads (NDOR) for the South Omaha Veterans
Memorial Bridge project, which includes sidewalk repair.
This project is identified as STR 275-7(1045), State Control No. 22631, and is programmed to
include repairing, painting, and applying epoxy polymer overlay to Structure S275 19041 over
the Burlington Northern Santa Fe Railroad, Gibson Road, South 10th Street, and the Missouri
River.
This project is being undertaken with the NDOR acting as the lead agency, with cost-shares
based on the portion of the project lying within the City's jurisdiction. The City's cost share is
currently estimated at $122,613.13, which will be paid from the Nebraska Department of Roads
Grant Fund 17116, Capital Grants Transportation Organization 132044.
The Public Works Department requests your consideration and approval of the attached
Resolution and Program Agreement.
Respectfully submitted, Referred to City Council for Consideration:
D� .
dt�..✓� L g-f ,(a. ) b(1tk -77 7,,
bert G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved as to Funding:
�--- 7 ` r�
Stephen . Curtiss Date
Finance Director IV
1986tns
DOR'°
DepartNmeebraskant of Roads AGREEMENT NO. XL 1613
MUNICIPALITY PROGRAM AGREEMENT
STATE PROJECTS
PROJECT NO. STR-275-7(1045)
CONTROL NO. 22631
CITY OF OMAHA
STATE OF NEBRASKA, DEPARTMENT OF ROADS
IMPROVING THE SOUTH OMAHA VETERANS MEMORIAL BRIDGE
THIS AGREEMENT is between City of Omaha, a municipal corporation of the State of
Nebraska ("Municipality"), and State of Nebraska, Department of Roads ("State"), collectively
referred to as the "Parties".
WITNESSETH:
WHEREAS, State intends to improve a portion of South Omaha Veterans Memorial
Bridge on US-275 at the location as shown on Exhibit"A"; and
WHEREAS, State intends that the improvement be developed and constructed under
the designation of Project No. STR-275-7(1045); and
WHEREAS, the improvement is located within the designated urban area of Omaha,
Nebraska, and funds administered by State have been made available for the construction of
improvements such as this; and
WHEREAS, this improvement is located on a portion of State Highway US-275 within
Municipality's corporate limits; and
WHEREAS, Parties intend that this Agreement describe certain roles and
responsibilities applicable to this project; and
WHEREAS, Federal Regulations provide that Municipality shall not profit or otherwise
gain from local property assessments that exceed Municipality's share of project costs; and
WHEREAS, City Council has authorized the Mayor to sign this Agreement, as
evidenced by the Resolution of City Council, as shown on Exhibit "B"; and
WHEREAS, the project work within the corporate limits is described below in Section 2.
Project No. STR-275-7(1045) Page 1 of 11
Control No. 22631
Improving South Omaha Veterans Memorial Bridge
Template T-AGR-20 Revised 10-27-2015
NOW THEREFORE, in consideration of these facts and the mutual promises of the
Parties hereto, the Parties agree as follows:
SECTION 1. DURATION OF THE AGREEMENT
1.1 Effective Date-This Agreement is effective immediately on the date it is fully executed
by the Parties. The Mayor is authorized by the City Council to execute this Agreement,
as evidenced by the Resolution of City Council, attached as Exhibit "B" and incorporated
herein by this reference
1.2 Renewal, Extension or Amendment-This Agreement may be renewed, extended or
amended by mutual agreement or as otherwise provided herein.
1.3 Identifying Date- For convenience, this Agreement's identifying date will be the date
the State signed the Agreement.
1.4 Duration- This Agreement will remain in full force and effect for future responsibilities
of Municipality described herein, such as for parking, encroachments and maintenance,
unless such responsibilities have been rescinded by State. State will treat the
remainder of this Agreement as inactive upon the happening of either(1) the waiver of
an audit review, or (2) the final completion of an audit review by the State or its
authorized representative and the resolution of all issues identified in the audit report.
1.5 Termination - Further, State reserves the right to terminate the Agreement as provided
herein.
SECTION 2. DESCRIPTION OF THE WORK WITHIN THE CORPORATE LIMITS
The Parties agree State will develop plans and specifications and cause the project to be
constructed at the location shown on Exhibit "A", attached and incorporated herein by this
reference, and in accordance with plans and specifications and the provisions of this
Agreement. Generally the improvements to be constructed with this project include the
following: This project within the corporate limits will consist of repairing, painting, and applying
epoxy polymer overlay on Structure S275 19041 over the Burlington Northern/Sante Fee
Railroad, Gibson Road, South 10th Street and the Missouri River.
The Municipality will be responsible for 100% of the sidewalk repair and epoxy polymer
overlay for the width of the sidewalk on the Nebraska side of the structure, this work is
hereinafter referred to as sidewalk repair.
Project No. STR-275-7(1045) Page 2 of 11
Control No. 22631
Improving South Omaha Veterans Memorial Bridge Agreement No. XL1613
SECTION 3. STATE RESPONSIBILITIES
State shall:
3.1 Prepare at its sole discretion, plans and specifications for State's proposed subject
project. State will deliver these plans and specifications to Municipality prior to
construction. State has sole authority to modify the plans or specifications as necessary
to complete the proposed improvements.
3.2 Acquire all property rights for Right of Way (ROW)for the project that will not be
acquired by Municipality.
3.3 Advertise and conduct a letting and receive bids on the proposed improvement. State
has the sole authority to determine, and award the contract to, the lowest responsible
bidder. State shall sign the construction contract.
3.4 Supervise and cause completion of the construction of the improvement as shown in the
construction contract documents and modifications thereto. State has sole authority to
execute any contractor change orders-supplemental agreements required for
construction of the project within Municipality's corporate limit. State will notify the
Municipality of any contractor change orders-supplemental agreements that increase
Municipality's cost.
3.5 Reimburse, when applicable, Municipality for the nonbetterment relocation of municipally
owned utility facilities as provided in SECTION 10. UTILITIES.
SECTION 4. MUNICIPALITY RESPONSIBILITIES.
Municipality shall, with respect to the portion of the project within its corporate limits,
and at no cost to State:
4.1 Regulate, to the extent Municipality has authority to do so, all future development and
use of property adjoining the public ROW as described in SECTION 6.
MUNICIPALITY'S DUTIES AND RIGHTS REGARDING RIGHT OF WAY.
4.2 Require that all future entrances from private property to the highway ROW within the
limits of this project receive approval of the Director-State Engineer, Department of
Roads or authorized representative, pursuant to Neb. Rev. Stat. § 39-1332 prior to
Municipality approval or Municipality issuing a building permit for the site.
Project No. STR-275-7(1045) Page 3 of 11
Control No. 22631
Improving South Omaha Veterans Memorial Bridge Agreement No. XL1613
4.3 Cause the removal of all advertising signs from the existing highway ROW.
Municipality also agrees to cause the removal from the existing highway ROW of other
privately owned encroachments, facilities, objects, structures, or things, and to keep the
existing and new highway ROW free of future encroachments, facilities, objects,
structures, or things, except those authorized by permit from Municipality and approved
by State and Federal Highway Administration.
4.4 Cause the removal, alteration, or relocation of pipe lines, poles or other underground or
overhead services not owned by Municipality and located within the corporate limits as
necessary for the construction of the project.
4.5 Comply with, for project work performed by Municipality, the provisions of the Nebraska
Fair Employment Practices Act, Neb. Rev. Stat. §§ 48-1101 - 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 17. TITLE VI NONDISCRIMINATION CLAUSES.
4.6 Perform the present and future duties assigned to Municipality under this Agreement at
its sole cost except when costs are specifically reimbursable under this Agreement.
4.7 Obtain approval of State, with Federal Highway Administration concurrence, prior to
making or causing changes in the roadway geometrics, either during project
construction or after the project is completed. Changes that require prior approval
include but are not limited to: access control, driveways, median breaks, parking
restrictions or any other traffic control items.
4.8 Amend ordinances, as necessary, to establish pavement or ground elevations shown in
the plans when proposed construction involves a change in elevations established by a
pre-existing ordinance.
4.9 If the Municipality procures consultant services for preliminary engineering and
construction engineering for nonbetterment rehabilitation of municipally owned and
operated utilities by the Municipality, the Municipality agrees to comply with Chapter 4 of
the "Nebraska Department of Roads' LPA Guidelines Manual for Federal-Aid Projects "
SECTION 5. CONSTRUCTION SCHEDULE
State will determine the construction schedule for this project.
Project No. STR-275-7(1045) Page 4 of 11
Control No. 22631
Improving South Omaha Veterans Memorial Bridge Agreement No. XL1613
SECTION 6. MUNICIPALITY'S DUTIES AND RIGHTS REGARDING RIGHT OF WAY
6.1 Encroachments: Municipality and State will cooperate to cause the removal from public
ROW, or correction or alteration in the public ROW, as necessary for the construction of
the aforesaid project, all pipe lines, poles or other underground or overhead services not
owned by Municipality and located within the corporate limits.
6.2 Adjacent Development: Municipality understands that State highway ROW shall be held
inviolate for State highway purposes pursuant to Neb. Rev. Stat. § 39-1359, and no
physical or functional encroachments, structures, or uses shall be permitted within such
right-of-way limits, except by written consent of State. Municipality will regulate, to the
fullest extent allowed by law, the private or non-transportation related public
development of property adjoining the public ROW, to prevent future encroachment or
uses of the public ROW, except by written consent of State. Municipality shall not issue
a building permit for an adjacent property which requires or indicates in the building
plans, work on the state highway right of way prior to obtaining State's written approval
of the plan.
6.3 Special Assessments: Municipality shall not use special assessments to defray
Municipality's costs under this Agreement unless Municipality has received, in advance,
written consent from State's Right of Way Division Manager.
SECTION 7. ROADWAY LIGHTING SYSTEM
THIS SECTION HAS INTENTIONALLY BEEN LEFT BLANK
SECTION 8. TRAFFIC SIGNAL EQUIPMENT
THIS SECTION HAS INTENTIONALLY BEEN LEFT BLANK
SECTION 9. PERMISSION TO USE STATE RIGHT OF WAY
THIS SECTION HAS INTENTIONALLY BEEN LEFT BLANK
Project No. STR-275-7(1045) Page 5 of 11
Control No. 22631
Improving South Omaha Veterans Memorial Bridge Agreement No. XL1613
SECTION 10. UTILITY RELOCATION WORK
10.1 Overview
The Parties understand that existing Municipality and non-Municipality owned utility
facilities may conflict with State's project. State will enter into a separate agreement(s)
to establish the roles, duties, and financial responsibilities for the necessary relocation of
utility facilities.
10.2 State Highway Right-of-Way
Municipality shall obtain a permit from the State for utility relocation work that occupies
State Highway ROW.
SECTION 11. MUNICIPALITY'S FINANCIAL RESPONSIBILITIES
Municipality's cost of this project will be the sum of the following:
• 100% of the sidewalk repair cost on the Nebraska side of the structure
State's preliminary estimate of Municipality's cost is $122,613.13, but Municipality's actual cost
is likely to be greater than the preliminary estimate as the details of design are further
developed. Municipality shall bear its own costs performing its duties under this Agreement.
11.1 THIS SECTION HAS INTENTIONALLY BEEN LEFT BLANK
11.2 Cost of the project within the corporate limits: Municipality will pay 100% of the
costs of sidewalk repair located on the Nebraska side within Municipality's corporate
limits which includes: preliminary engineering, construction, construction engineering
and the non-betterment utilities relocation. The total cost of sidewalk repair located on
the Nebraska side is currently estimated to be $122,613.13.
11.3 Calculation of municipality costs: State shall calculate Municipality's project cost as
follows:
11.3.1 Preliminary Engineering. Divide the Municipality's construction cost, as
calculated in 11.2, by the project's total construction cost and multiply the result
by project's total preliminary engineering cost. The total estimate preliminary
engineering cost is $3,963.13.
Project No. STR-275-7(1045) Page 6 of 11
Control No. 22631
Improving South Omaha Veterans Memorial Bridge Agreement No. XL1613
11.3.2 Municipality's Construction Cost. Multiply the Municipality's share of 100% by
the actual cost of construction of the sidewalk repair. The actual cost of the
sidewalk repair work within the corporate limits is calculated by multiplying unit
prices by final quantities for work within the corporate limits. Unit prices and final
quantities may be different than bid prices and estimated quantities as a result of
field measurement and the contractor change order-supplemental agreement
process. The total estimated construction cost is $113,000.00.
11.3.3 Construction Engineering. Divide the Municipality's construction cost, as
calculated in 11.2, by the project's total construction cost and multiply the result
by project's total construction engineering cost. The total estimated cost for
construction engineering is $5,650.00.
11.3.4 Acquisition of Property Rights. THIS SECTION HAS INTENTIONALLY BEEN
LEFT BLANK
11.3.5 Utilities. THIS SECTION HAS INTENTIONALLY BEEN LEFT BLANK
11.4 Payment by Municipality: At times determined by the State, and after execution of this
Agreement, the State will invoice the Municipality for some or all of Municipality's cost share of
the State-incurred preliminary engineering project costs. Upon award of the construction
contract, the State will invoice the Municipality for Municipality's cost share of construction,
construction engineering and any unbilled preliminary engineering expenses. The Municipality
shall pay the State within 30 calendar days of receipt of invoice from the State. The final
settlement between the State and the Municipality will be made following final audits and when
the final costs have been determined by the State.
SECTION 12. TRAFFIC CONTROL
12.1 All traffic control devices will conform to the latest approved edition of the Manual on
Uniform Traffic Control Devices and Nebraska Supplements thereto.
12.2 If Municipality is to perform or contract for any work on the state highway within the
project limits, Municipality will develop a traffic control plan related to that work. The
plan will be provided to State's Project Manager for approval and acceptance.
Municipality will provide, operate and maintain Municipality's traffic control devices in
accordance with its approved traffic control plan.
Project No. STR-275-7(1045) Page 7 of 11
Control No. 22631
Improving South Omaha Veterans Memorial Bridge Agreement No. XL1613
12.3 Municipality's work must comply with all traffic safety regulations, including those
prescribed in the latest approved edition of the Manual of Uniform Traffic Control
Devices and the Nebraska Supplement thereto. Municipality shall use caution when
working in State ROW.
12.4 Traffic control plans will require the sidewalk on the north side of the bridge to be closed
during a portion of construction.
SECTION 13. PLANS AND SPECIFICATIONS
The plans and specifications for this project will be on file in the Lincoln central headquarters
office of the Nebraska Department of Roads.
SECTION 14. TERMINATION
State has the sole discretion to suspend the work in part or in whole or to terminate this
Agreement; such action on its part will in no event be deemed a breach of this Agreement by
State. State will provide written notification to Municipality of such suspension or termination.
Upon receipt of such notice, Municipality will document in writing and submit to State the costs
Municipality has incurred completing work under this Agreement prior to receipt of the
notification from State. State in its sole discretion shall determine which of the costs submitted
by Municipality are reimbursable by State. State shall notify Municipality in writing of such
determination. Upon receipt of determination, Municipality will submit an invoice to State for the
amount determined to be reimbursable.
SECTION 15. FAIR EMPLOYMENT PRACTICES ACT
Municipality agrees to abide by the Nebraska Fair Employment Practices Act, as provided by
Neb.Rev.Stat. 48-1101 through 48-1126.
SECTION 16. DISADVANTAGED BUSINESS ENTERPRISES
16.1 Policy: Municipality and State further agree to 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.
Project No. STR-275-7(1045) Page 8 of 11
Control No. 22631
Improving South Omaha Veterans Memorial Bridge Agreement No. XL1613
16.2 Disadvantaged Business Enterprises Obligation: Municipality and State further agree to
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, Municipality 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. Municipality shall not discriminate on
the basis of race, color, sex, age, disability, or national origin in the award and
performance of FHWA assisted contracts.
Municipality acting as a sub-recipient of Federal-aid funds on this project agrees to
adopt the Nebraska Disadvantaged Business Enterprise Unified Certification Program
for the Federal-aid contracts Municipality executes on this project.
Failure of Municipality to carry out the requirements set forth above on any work
performed by Municipality 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 17. TITLE VI NONDISCRIMINATION CLAUSES
During the performance of this Agreement, the Municipality, for itself, its assignees and
successors in interest agrees as follows:
17.1 Compliance with Regulations: The Municipality 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.
17.2 Nondiscrimination: The Municipality, 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
race, color, sex, age, religion, disability or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The
Project No. STR-275-7(1045) Page 9 of 11
Control No. 22631
Improving South Omaha Veterans Memorial Bridge Agreement No. XL1613
Municipality 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.
17.3 Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made by the
Municipality for work to be performed under a subcontract, including procurements of
materials or equipment, each potential subcontractor or supplier shall be notified by the
Municipality of the Municipality's obligations under this Agreement and the Regulations
relative to nondiscrimination on the basis of race, color, sex, age, religion, disability or
national origin.
17.4 Information and Reports: The Municipality 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 the FHWA to be pertinent to ascertain
compliance with such Regulations, orders and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or refuses to
furnish this information, the Municipality shall so certify to State, or the FHWA as
appropriate, and shall set forth what efforts it has made to obtain the information.
17.5 Sanctions for Noncompliance: In the event of the Municipality's noncompliance with
the nondiscrimination provisions of this Agreement, State will impose such contract
sanctions as it or the FHWA may determine to be appropriate, including but not limited
to:
(a) Withholding of payments to the Municipality under this Agreement until the
Municipality complies, and/or
(b) Cancellation, termination or suspension of this Agreement, in whole or in part.
17.6 Incorporation of Provisions: The Municipality shall include the provisions of
paragraphs (1) through (6) in every subcontract, including procurements of materials
and leases of equipment, unless exempt by the Regulations, order, or instructions
issued pursuant thereto. The Municipality shall take such action with respect to any
subcontract or procurement as State or the FHWA may direct as a means of enforcing
such provisions including sanctions for noncompliance: Provided, however, that, in the
Project No. STR-275-7(1045) Page 10 of 11
Control No. 22631
Improving South Omaha Veterans Memorial Bridge Agreement No. XL1613
SOUTH OMAHA VETERANS
MEMORIAL BRIDGE
275- 7(1045 )
C.N. 22631
DOUGLAS COUNTY AND POTTAWATTAMIE COUNTY, IOWA
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EXHIBIT "A" ,.
event a contractor becomes involved in, or is threatened with, litigation with a
subcontractor or supplier as a result of such direction, the Municipality may request
State to enter into such litigation to protect the interests of State, and in addition, the
Municipality may request the United States to enter into such litigation to protect the
interests of the United States.
SECTION 18. ENTIRE AGREEMENT
This instrument, and any supplements hereto, embodies the entire agreement of the
Parties; however, provisions of prior agreement(s) between the Parties concerning the
applicable segment of State Highway US-275 shall remain in effect except to the extent
the provisions of the prior agreement(s) conflict with this Agreement.
IN WITNESS WHEREOF, the Parties hereby execute this Agreement pursuant to lawful
authority as of the date signed by each party.
EXECUTED by Municipality this,,2,sa y of , 2016.
WITNESS: CITY OF MAHA
ity Clerk Mayor
EXECUTED by State this day of , 2016.
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Michael H. Owen, P.E.
Roadway Design Engineer
RECOMMENDED: pp - 3 ,
tt+ 1a teti9
Timothy W. Weander, P.E.
Di trict 2 E ineer
Project No. STR-275-7(1045) Page 11 of 11
Control No. 22631
Improving South Omaha Veterans Memorial Bridge Agreement No. XL1613
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City desires to partner with the Nebraska Department of Roads (IDOR)
for the South Omaha Veterans Memorial Bridge project, being the improvements'to a portion of
the South Omaha Veterans Memorial Bridge located on State Highway US-275, known as STR-
275-7(1045), State Control No. 22631; and,
WHEREAS the attached Agreement, which by this reference becomes a part hereof,
delineates the responsibilities of each party in regards to these improvements, which consists of
repairing, painting, and applying epoxy polymer overlay to Structure S275 19041 over the
Burlington Northern Santa Fe Railroad, Gibson Road, South 10th Street, and the Missouri River;
and,
WHEREAS, the City's local funding cost share for this project, based on the portion of
this project located within the City's jurisdiction, is currently estimated to be $122,613.13, which
will be paid from the Nebraska Department of Roads Grant Fund 17116, Capital Grants
Transportation Organization 132044.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, as recommended by the Mayor, the Program Agreement between the City of
Omaha and the Nebraska Department of Roads for Project STR-275-7(1045), State Control No.
22631, being the improvements to a portion of the South Omaha Veterans Memorial Bridge
located on State Highway US-275, which consists of repairing, painting, and applying epoxy
polymer overlay to Structure S275 19041 over the Burlington Northern Santa Fe Railroad,
Gibson Road, South 10th Street, and the Missouri River, with the City's share of the project cost,
estimated to be $122,613.13, to be paid from the Nebraska Department of Roads Grant Fund
17116, Capital Grants Transportation Organization 132044, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the City Council hereby authorizes the Mayor and City Clerk to sign the attached
Agreement on behalf of the City of Omaha.
1985tns
APPROVED AS FORM:
7/17/44
CITY TTORN DATE
By DQ
t, .47-
Councilmember
Adopted.. L 1 9.2016
City Clerk 77�//�a/�
Approve \.14t . 47tAL
Mayor
NO.
Resolution by
Res. that, as recommended by the Mayor, the
Program Agreement between the City of
Omaha and the Nebraska Department of
Roads for Project STR 275-7(1045), State
Control No. 22631, being the improvements
to a portion of the South Omaha Veterans ti
Memorial Bridge located on State Highway
US-275, which consists of repairing, painting,
and applying epoxy polymer overlay to
Structure S275 19041 over the Burlington
Northern Santa Fe Railroad, Gibson Road,
South 10th Street. and the Missouri River,
with the City's share of the project cost,
estimated to be $122,613.1 3, to be paid from
the Nebraska Department of Roads Grant
Fund 17116, Capital Grants Transportation
Organization 132044, is hereby approved; and
that the City Council hereby authorizes the
Mayor and City Clerk to sign the attached
Agreement on behalf of the City of Omaha.
l985Ain,
Presented to City Council
JUL...1..9.2016
Adopted - -
U�u6ter^ grown
City Clerk