11/23/2010 Resolutions 2010-330RESOLUTION 2010-330
DISCLAIMER APPLICABLE TO
THE LPA RESOLUTION DESIGNATING RC
The following is a resolution drafted by the Nebraska Department of Roads (NDOR) that
includes definitions and substantive commitments required of a Local Public Agency (LPA)
when designating a public employee to be in Responsible Charge (RC) of a Federal-aid
transportation project. This sample resolution should only be used after the LPA has thoroughly
reviewed all Federal-aid program requirements, investigated all issues related to the LPA's
statutory duties and responsibilities, and determined that it is in its best interest to designate a
RC public employee and to undertake aFederal-aid project. NDOR has not made any effort to
investigate, or include in this sample resolution, the other requirements that the LPA must meet
in order to undertake a project of this type or to designate a RC. Any changes to the
definitions or the substantive commitments of this sample resolution shall be approved
in advance in writing by NDOR, or such changes will be considered null and void. The
LPA is ultimately responsible for all language used in its actual resolution and in making sure
that the resolution is accurate and complete and meets all requirements of Federal, State and
local laws, rules, regulations, policies and guidelines, and the NDOR LPA Guidelines Manual for
Federal-aid Projects.
RESOLUTION
(DESIGNATING RC)
City of Grand Island
Resolution No. 2010-330
Whereas: The CITY OF GRAND ISLAND has afull-time public employee on staff, or has obtained
the services of a full-time public employee (an inter-local cooperation agreement, if applicable,
is attached) who is fully qualified and has the time and interest in serving as a "Responsible
Charge" (RC) for this project. The designated RC will be in day-to-day responsible charge of all
aspects of the project, from planning through post-construction activities, with the express
purpose of doing all things necessary for the project to remain eligible for federal-aid
transportation project funding; and
Whereas: the RC will ensure that, at a minimum, (1) the project receives independent and
careful development, supervision and inspection, (2) the project is constructed in compliance
with the plans and specifications, (3) all aspects of the project, from planning through
construction activities, including all environmental commitments, remain eligible for federal
funding, and (4) decisions made and actions taken for the project have adequate supporting
documentation filed in an organized fashion.
For purposes of this resolution, the following definitions will apply:
Fully qualified means a person who has satisfactorily completed all applicable Nebraska
Department of Roads (NDOR) training courses and who has met the other requirements
necessary to be included on the NDOR list of qualified Local Public Agency (LPA) RCs.
Full-time public employee means a public employee who meets all the requirements
and is afforded all the benefits of full-time employees as that phrase is applied to other
employees of the employing public entity. A person is not afull-time public employee if
that person provides outside private consulting services, or is employed by any private
entity, unless that person can prove to NDOR in advance, that employee's non-public
employment is in a field unrelated to any aspect of the project for which federal aid is
sought.
Public employee means a person who is employed solely by a county, a municipality, a
political subdivision; a Native American tribe; a school district; another entity that is
either designated by statute as public orquasi-public; or an entity included on the list of
entities determined by the NDOR, and approved by the Federal Highway Administration
(FHWA), as fulfilling public orquasi-public functions.
Responsible charge means the public employee who is fully empowered by the LPA and
has actual day-to-day working knowledge and responsibility for all decisions related to
all aspects ofthe federal-aid project from planning through construction project
activities, including all environmental commitments. The RC is the day-to-day project
manager, and the LPA's point-of-contact for the project. Responsible charge does not
mean merely delegating the various tasks; it means active day-to-day involvement in
identifying issues, investigating options, working directly with stakeholders, making
decisions, and actively monitoring project construction. It is understood that the RC
may delegate or contract certain technical tasks associated with the project so long as
the RC actively manages and represents the owner's interests in the delegated technical
tasks.
Be It Resolved: by the City Council of the CITY OF GRAND ISLAND that:
STEVEN RIEHLE is hereby designated as Responsible Charge (RC) for pre-construction and
construction phases, in accordance with the Project Program Agreement previously executed,
the NDOR LPA Guidelines Manual for Federal-aid Projects, and all Federal, State and local laws,
rules, regulations, policies and guidelines for the following Federal-aid transportation projects:
NDOR Project Number [URB-2235(5)],
NDOR Control Number [42519],
Northbound Lanes of South Locust Street, North of Interstate 80
NDOR Project Number [SRTS-40(57)],
NDOR Control Number [42521],
Walk to Walnut Safe Routes to School Project at 1St" Street and Custer Avenue
NDOR Project Number [STPAA-5436(4)],
NDOR Control Number [42427],
Capital Avenue Widening from west of Carleton Avenue to Webb Road
Be It Resolved: by the City Council of the CITY OF GRAND ISLAND that:
SCOTT GRIEPENSTROH is hereby designated as Responsible Charge (RC) for pre-construction
and construction phases, in accordance with the Project Program Agreement previously
executed, the NDOR LPA Guidelines Manual for Federal-aid Projects, and all Federal, State and
local laws, rules, regulations, policies and guidelines for the following Federal-aid transportation
projects:
NDOR Project Number [URB-30-4(151)],
NDOR Control Number [42477],
Storm Sewer from US Highway 30 to Wasmer Detention Cell
NDOR Project Number [ENH-40(59)],
NDOR Control Number [42650],
Bike Trail along Moore's Creek Drainway; State Street to Capital Avenue
The City of Grand Island assures and agrees that:
1) It 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 the various tasks, it means active day-to-day involvement in the project
including identifying issues, investigating options, working directly with stakeholders, and
decision-making.
2) The RC is a full-time public employee.
3) The RC is fully qualified and has successfully completed required training to serve as a RC.
4) It will allow the RC to spend all time reasonably necessary to properly discharge all duties
associated with the project, including ensuring that all aspects of the project, from
planning through post-construction activities, remain eligible for federal-aid highway
project funding.
5) It will not assign other duties to the RC that would affect his or her ability to properly carry
out the duties set out in this agreement.
6) It will provide necessary office space, materials and administrative support for the RC.
7) It will fully cooperate with, support and not unreasonably interfere with the day-to-day
control of the RC concerning the acts necessary for making the project eligible for federal
funding.
8) It will take all necessary actions and make its best good faith efforts to comply and assist
the RC in complying with all federal and state requirements and policies applicable to
federal-aid transportation projects, including, but not limited to, all applicable
requirements of 23 CFR 635.105.
9) It will 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 the Nebraska
Department of Roads must meet under 23 CFR 635.105.
10) It will comply with the conflict-of-interest requirements of 23 CFR 1.33.
11) It will notify NDOR immediately in the event the designated RC(s) will no longer be
assigned to the project. A supplemental agreement designating a replacement RC may be
required by NDOR.
12) It is ultimately responsible for complying with all federal and state requirements and
policies applicable to federal-aid highway projects. This includes meeting all post-
construction environmental commitments. The LPA understands that failure to meet any
eligibility requirements for federal funding may result in the loss of all Federal funding for
the project. In the event that the acts or omissions of RC, the LPA or its agents or
representatives result in a finding that a project is ineligible for Federal funding, the LPA
will be required to repay NDOR some or all previously paid Federal funds and any costs or
expenses NDOR has incurred for the project, including but not limited to, those costs for
the RC.
The CITY OF GRAND ISLAND understands that the following are the duties of the RC:
a) Serve as the LPA's contact for issues or inquiries for Federal-aid projects assigned by the
LPA;
b) Ensure that all applicable Federal, State and local laws, rules, regulations, policies and
guidelines are followed during the development and construction of the project;
c) Know and follow the NDOR LPA Guidelines Manual for Federal-aid Projects;
d) Have active day-to-day involvement in identifying issues, investigating options, working
directly with stakeholders, and decision-making;
e) Ensure that the project plans and specifications are sealed, signed and dated by a
professional engineer licensed in the State of Nebraska, and that estimates have been
prepared and the construction has been observed by a professional engineer licensed in
the State of Nebraska or a person under the direct supervision of a professional
engineer licensed in the State of Nebraska (reference Neb. Rev. Stat. § 81-3445);
f) Competently manage and coordinate the project day-to-day operations, including all
project-related decisions, on behalf of the LPA, which includes the LPA's governing body,
staff and any extended staff dedicated to the project such as consulting engineers;
g) Ensure that project documents are thoroughly checked, reviewed and have had quality
control measures applied, prior to submitting to NDOR and/or FHWA;
h) Monitor the progress and schedule of the project and be responsible for ensuring that
the project is completed on time in accordance with established milestone dates;
i) Properly serve as the owner's representative, and to visit the project site during
construction on a frequency commensurate with the magnitude and complexity of the
project;
j) Ensure that proper construction management processes have been developed and
implemented for the project;
k) Serve as a steward of the public funds, i.e. ensure that the public gets what it is paying
for;
I) Attend all required training including the annual workshop; and
m) Fulfill continuing education requirements as specified in the NDOR LPA Guidelines
Manual for Federal-aid Projects.
Adopted by the City Council of the City of Grand Island, Nebraska, November 23, 2010.
The City Council of the CITY OF GRAND ISLAND
Jose Zapata Robert Niemann
Peg Gilbert Scott Dugan
Kirk Ramsey Robert Meyer
Larry Camey Mitch Nickerson
Chuck Haase John Gericke
Council Member Z.0.~0.~
Moved the adoption of said resolution
Member ~..c ; C.~ Seconded the motion
Roll Call: Yes _No _Abstained Absent
Resolution adopted, signed and billed as adopted
Ma garet Homady, Mayor
Attest:
RaNae Edwards, City Clerk
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