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08-12-2014 GI Area Metropolitan Planning Organization Special Meeting PacketGIAMPO - Policy Board Tuesday, August 12, 2014 City Hall - Community Meeting Room at 4:00pm AGENDA 1.Call to Order This is a public meeting subject to the open meetings laws of the State of Nebraska. The requirements for an open meeting are posted on the wall in this room and anyone that wants to find out what those are is welcome to read through them. 2.Roll Call & Introductions 3.Long Range Transportation Plan Program Agreement - State Planning & Research Funds 4.Next Meeting 5.Adjournment Grand Island Special Meeting - 8/12/2014 Page 1 / 26 GIAMPO – Policy Board Tuesday, August 12, 2014 Special Meeting Item H1 Long Range Transportation Plan Program Agreement - State Planning & Research Funds Staff is asking the GIAMPO Policy Board to approve the agreement, in order for the document to be forwarded onto the City Council for their final approval. Staff Contact: John Adams Grand Island Special Meeting - 8/12/2014 Page 2 / 26 LPA PROGRAM AGREEMENT- SPR FUNDS PLANNING PROJECT CITY OF GRAND ISLAND, NEBRASKA STATE OF NEBRASKA, DEPARTMENT OF ROADS PROJECT NO. SPR-1(52) CONTROL NO. 00918 PERFORMANCE BASED LONG RANGE TRANSPORTATION PLAN THIS AGREEMENT, made and entered into by and between the City of Grand Island, Nebraska hereinafter referred to as the "LPA", and the State of Nebraska, Department of Roads, hereinafter referred to as the "State", and collectively referred to as the “Parties”. WITNESSETH: WHEREAS, certain routes in the LPA ‘s jurisdiction have been designated as being eligible for State Planning and Research (SPR) Funds by the Department of Transportation, Federal Highway Administration, hereinafter called the FHWA, in compliance with Federal laws pertaining thereto, and WHEREAS, SPR Funds have been made available by Title 23 of the United States Code, providing for improvements on eligible routes, and WHEREAS, the Federal share payable on any portion of this SPR project will be a maximum of 80 percent of the eligible costs up to a maximum of $150,000, and WHEREAS, regulations for implementing the provisions of the above mentioned act provide that the Federal share of the cost of those projects will be paid only to the State, and WHEREAS, the regulations further permit the use of funds other than State funds in matching Federal Funds for the improvements of those routes, and WHEREAS, the State is willing to assist LPA to the end of obtaining Federal approval of the proposed work and Federal Funds for the development of the proposed project, with the Grand Island Special Meeting - 8/12/2014 Page 3 / 26 - 2 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan understanding that this project is not a State project and that no State Funds are to be expended on this project, and WHEREAS, the LPA has designated an available fully-qualified public employee or elected official to act as “Responsible Charge” (RC) for the subject Federal-aid Transportation project, and WHEREAS, the RC has successfully completed training required by the State to serve as an RC for the Federal-aid Transportation project, and WHEREAS, the RC will be in day-to-day responsible charge of all aspects of the project and maintain the project’s eligibility for Federal-aid Transportation project funding, and WHEREAS, the LPA understands that it must comply with all terms of 23 C.F.R. 635.105 in order for this Federal-aid transportation project to be eligible for Federal funding, and WHEREAS, the LPA will support the RC and is ultimately responsible to ensure that, at a minimum: 1. All aspects of the project remain eligible for Federal funding, and 2. Decisions made and actions taken for the project have adequate supporting documentation filed in an organized fashion, and WHEREAS, if the LPA is to receive Federal participation for any portion of the work on the proposed project, it is necessary for all phases of work to comply with Federal requirements and procedures, and WHEREAS, the State’s role is only federal funding eligibility, including providing quality assurance and project assistance to ensure that the project is designed, constructed and Grand Island Special Meeting - 8/12/2014 Page 4 / 26 - 3 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan managed according to federal rules and regulations. The State will coordinate with the LPA on federal funding issues, and WHEREAS, Federal Regulations provide that the LPA shall not profit or otherwise gain from local property assessments that exceed the LPA's share of project costs, and WHEREAS, the funding for the project under this agreement includes pass-through monies from the Federal Highway Administration (FHWA). If a non-federal entity expends $500,000 or more in total federal awards in a fiscal year, then OMB Circular A-133 audit requirements must be addressed as explained further in this agreement, and WHEREAS, the total cost of the project, including preliminary engineering, is currently estimated to be $187,500.00, but such costs may increase or decrease due to variations between the estimated and actual project costs, and WHEREAS, the LPA has earmarked and will place in its fiscal budget sufficient funds to pay all project costs not paid for by Federal funds; such costs are currently estimated to be $37,500.00, but such costs may increase or decrease due to variations between the estimated and actual project costs, and WHEREAS, the project is described as follows: Development of a performance based Long Range Transportation Plan in accordance to MAP-21. The plan will be multimodal in nature and include; a public participation plan, travel demand model, projected demand of persons and goods, existing and proposed multimodal transportation facilities, including pedestrian, bikeway’s and transportation enhancements. A detailed Scope is attached as EXHIBIT “A” and made a part of this agreement, and WHEREAS, the LPA desires that this project be constructed under the designation of Control No. 00918, as evidenced by the Resolution of the LPA dated the __________ day of _____________________, 2014, attached as EXHIBIT "B" and made a part of this agreement. Grand Island Special Meeting - 8/12/2014 Page 5 / 26 - 4 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan NOW THEREFORE, in consideration of these facts, the LPA and State agree as follows: SECTION 1. PURPOSE OF AGREEMENT The LPA wishes to implement, plan, design, construct, operate, and maintain a Federal- aid transportation project on a street, highway, road or other transportation related facility under LPA’s jurisdiction. The LPA and the State understand that the Federal Highway Administration (FHWA) will not provide funding directly to LPA for this project; instead, FHWA provides funding for the project through the State. The State, pursuant to Neb.Rev.Stat. §39-1305, will act under this agreement as a steward of federal funds and as a liaison between LPA and FHWA. The purpose of this agreement is to set forth the understanding of the LPA and the State concerning their respective duties to enable the project to be eligible for federal-aid funding. Under this agreement, the LPA shall continue to have all duties concerning any aspects of project management and planning. Nothing in this agreement shall be construed to create any duty of the State to LPA concerning such matters. LPA further agrees that LPA shall have no claim or right of action against the State under this agreement if FHWA determines that the project is 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 LPA must meet for this project to be eligible for federal funding. SECTION 2. DEFINITIONS For purposes of this agreement, the following definitions will apply: “AASHTO” means American Association of State Highway and Transportation Officials. “ADA” means the Americans with Disabilities Act. “ASTM” means the American Society for Testing and Materials. “CFDA” means Catalog of Federal Domestic Assistance. Grand Island Special Meeting - 8/12/2014 Page 6 / 26 - 5 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan “CFR” means the Code of Federal Regulations. “DOT” means the United States Department of Transportation, Washington, D.C. 20590, acting through its authorized representatives. “FHWA” means the Federal Highway Administration, United States Department of Transportation, Washington, D.C. 20590, acting through its authorized representatives. “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 entity. A person is not a full-time employee if that person provides outside private consulting services, or is employed by any private entity, unless that person can prove to the State 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. “FULLY QUALIFIED” means a person who has satisfactorily completed all applicable State training courses and who has met the other requirements necessary to be included on the State list of qualified LPA “Responsible Charge” (RC’s). “LPA” means Local Public Agency sponsoring a federally funded transportation project and determined to be qualified to assume the administrative responsibilities for such projects by the State. “LPD” means the Local Projects Division at Nebraska Department of Roads, in Lincoln, Nebraska. “NEB. REV. STAT” means the Nebraska Revised Statutes as set forth in Nebraska law. “OMB” means the Federal Office of Management and Budget. Grand Island Special Meeting - 8/12/2014 Page 7 / 26 - 6 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan “PUBLIC EMPLOYEE” for the purpose of selecting an RC for this project 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 or quasi-public, or entity included on a list of entities determined by the State and approved by the Federal Highway Administration (FHWA), as fulfilling public or quasi-public functions. “RESPONSIBLE CHARGE” or “RC” means the public employee or elected official who is fully empowered by the LPA and has actual day-to-day working knowledge and responsibility for all decisions related to all aspects of the Federal-aid project. 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 options, working directly with stakeholders, making decisions, and actively monitoring project progress. It is understood that RC may delegate or contract certain technical tasks associated with the project so long as RC actively manages and represents the LPA’s interests in the delegated technical tasks. “STATE” means the Nebraska Department of Roads in Lincoln, Nebraska, its Director, or authorized representative. The State is a funding liaison between LPA and the United States Department of Transportation in LPA federally funded transportation projects. “STATE CERTIFIED CONSULTANT” means a consultant that has met the certification requirements of the Nebraska Department of Roads to provide professional services in certain work categories for federal and state funded work in Nebraska. SECTION 3. TERM OF THE AGREEMENT Grand Island Special Meeting - 8/12/2014 Page 8 / 26 - 7 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan This agreement will begin upon proper execution and continue in effect until the LPA’s Federal-aid project is finished and final financial settlement has been completed, except that any terms of this agreement that contemplate long term activities of the LPA such as environmental, maintenance, and operational commitments, will remain in effect as long as required by law or agreement. If the LPA determines that for any reason it will not continue with the development of this project as a Federal-aid project, the LPA shall notify the State and negotiate any necessary project termination conditions, and the LPA shall pay or repay the State for all costs incurred by the State prior to the LPA notifying the State that it is discontinuing work on the project. SECTION 4. RESPONSIBLE CHARGE (RC) REQUIREMENTS The LPA must immediately and formally appoint an RC for this project according to or consistent with the following requirements: A. The LPA hereby designates Terry Brown as the RC for this project. B. Duties and Assurances of the LPA concerning its designated RC for this project. 1. The LPA 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. 2. The RC is a full-time employee or elected official of the LPA or of another entity as defined in “Public Employee” above. 3. The RC is fully qualified and has successfully completed required training to serve as an RC. Grand Island Special Meeting - 8/12/2014 Page 9 / 26 - 8 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan 4. The LPA shall 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 remain eligible for Federal-aid highway project funding. 5. The LPA shall 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. The LPA shall provide necessary office space, materials and administrative support for the RC. 7. The LPA shall fully cooperate with, support and not unreasonably interfere with day- to-day control of the RC concerning the acts necessary for making the project eligible for Federal funding. 8. The LPA shall 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. The LPA 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 the State must meet under 23 CFR 635.105. 10. The LPA shall comply with the conflict-of-interest requirements of 23 CFR 1.33 and 49 CFR 18.36(b)(3) as described elsewhere in this agreement. 11. If, for whatever reason, the designated RC is no longer assigned to the project during the design phase, the LPA shall, within one day or sooner if possible, notify verbally and in writing the State’s LPD Quality Management Engineer and the LPD Project Coordinator; after such notification the LPA shall replace the RC no later than thirty calendar days or sooner if possible. Grand Island Special Meeting - 8/12/2014 Page 10 / 26 - 9 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan 12. The LPA agrees that it is ultimately responsible for complying with all Federal and State requirements and policies applicable to Federal-aid highway projects. 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 repay the State all previously paid Federal funds, as determined by the State, and any costs or expenses the State has incurred for the project, including but not limited to, any costs reimbursed for the time and expenses of the RC. C. The LPA understands that the following are the duties of the RC: 1. Serve as the LPA’s contact for issues or inquiries for Federal-aid projects assigned by the LPA. 2. Ensure that all applicable Federal, State and local laws, regulations, policies and guidelines are followed during the development of the project. 3. Know and follow the State’s LPA Guidelines Manual for Federal-Aid Projects. 4. Ensure that funds have been authorized by FHWA, in writing, prior to doing work in any phase that the LPA expects to be reimbursed with Federal funds. 5. Have active day-to-day involvement in identifying issues, investigating options, working directly with stakeholders, and decision making. 6. Ensure that the project plans and specifications are sealed, signed and dated by a professional licensed engineer in the State of Nebraska, and that estimates have been prepared by a professional engineer licensed in the State of Nebraska or a person under direct supervision of a professional engineer licensed in the State of Nebraska (reference Neb. Rev. Stat. §81-3445). Grand Island Special Meeting - 8/12/2014 Page 11 / 26 - 10 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan 7. 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. 8. Ensure that project documents are thoroughly checked, reviewed and have had quality control measures applied, prior to submitting to the State and/or FHWA. 9. 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. 10. Notify and invite the State to all coordination meetings, environmental scoping meetings, Plan-In-Hand review, public meetings/hearings. 11. Keep the State informed of all project issues. 12. Notify the State when consultant services agreements need to be supplemented. 13. Serve as a steward of the public funds, i.e. ensure that the public gets what it is paying for. 14. Attend all required training including the annual LPA RC workshop. 15. Fulfill continuing education requirements as specified in the State’s LPA Guidelines Manual for Federal-aid projects. 16. Review and approve Professional Services invoices in accordance with the LPA Reimbursement Procedures located at http://www.dor.state.ne.us/gov-aff/lpa-guide- man.html#forms4. SECTION 5. FEDERAL AID The LPA understands and agrees that the LPA, its RC, agents, and Contractor have the sole duty of proper prosecution of the project, in accordance with the approved plans, and that Grand Island Special Meeting - 8/12/2014 Page 12 / 26 - 11 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan failure to properly prosecute and construct the project in accordance with the approved plans may result in the loss of federal funding. Because the LPA is to receive Federal Funds for any part of this project, the LPA shall perform the services for all phases of work according to Federal procedures and requirements. Although Federal Funds may be allocated to the project, all phases or certain phases of work may become ineligible for Federal Funds if Federal procedures and requirements are not met. Prior to beginning any phase of work on the proposed project, the LPA shall coordinate with the State’s Local Projects Division Section Engineer for direction and assistance concerning funding requirements to ensure that all upcoming project work will be accomplished according to Federal procedures and requirements. It is the responsibility of the LPA/RC to verify with documented evidence that federal funding authorization was obtained prior to beginning any new phase of project work. SECTION 6. FEDERAL APPROVAL The State, on behalf of the LPA agrees to present the project to the FHWA for its approval, if necessary. This project has not been designated as a full oversight project. Federal approval for proceeding with the project must be obtained by the LPA at the beginning of preliminary engineering phase. Before each new work phase begins, the LPA must confirm that FHWA (1) has approved the obligation of funds (2) authorized the work in that phase to begin, and (3) given approval for a notice to proceed to be issued. Before providing services covered in any original and/or supplemental services agreement, the LPA must confirm that FHWA (1) has approved the obligation of funds (2) authorized the work in that phase to begin, and (3) given approval for a notice to proceed to be issued. Grand Island Special Meeting - 8/12/2014 Page 13 / 26 - 12 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan SECTION 7. LPA GUIDELINES The LPA agrees to conform to the requirements of the LPA Guidelines Manual throughout all phases of this project. In the event the LPA believes that the LPA Guidelines Manual doesn’t address clearly a particular aspect of the project work, the LPA shall seek guidance or clarification from the State’s Local Project Division Section Engineer or Project Coordinator. SECTION 8. OMB CIRCULAR A-133 AUDIT The funding for the project under this agreement includes pass-through federal monies from the FHWA. According to the Single Audit Act Amendments of 1996 and the implementing regulations contained in OBM Circular A-133, the A-133 Audit is required if the non-federal entity expends $500,000 or more in total federal awards in a fiscal year. Non-federal entity means state and local governments and non-profit organizations. The LPA shall have its finance officer or auditor; review the situation to determine what the LPA must do to comply with this federal mandate. If an A-133 audit is necessary, the expenditures related to the federal funds expended under this project should be shown in the report’s Schedule of Expenditures of the Federal Awards (SEFA). The Federal award information needed for the SEFA includes: Federal Grantor: U.S Department of Transportation – Federal Highway Administration Pass-Through Grantor: Nebraska Department of Roads Program Title: Highway Planning and Construction (Federal-Aid Highway Program) CFDA Number; 20.205 Control Number: 00918 If an A-133 Audit is performed, the LPA shall provide a copy of the audit report to the Nebraska Department of Roads, Highway Audits Manager, P.O. Box 94759, Lincoln, NE 68509-4759. SECTION 9. TOTAL PROJECT COSTS, REIMBURSEMENT AND INVOICING Grand Island Special Meeting - 8/12/2014 Page 14 / 26 - 13 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan The LPA is responsible for submitting for payment only those costs that are eligible for Federal-aid. The State, on behalf of FHWA, will review the costs submitted and determine what costs are eligible for payment. Upon request from the State, the LPA will produce all cost records detailing the basis for all costs incurred on the project. The total cost of the project which includes: preliminary engineering services and LPA and State eligible expenses (as outlined below) is currently estimated to be $187,500.00. The LPA’s share of all actual eligible costs is estimated to be $37,500.00. The State agrees to use the LPA’s Federal Funds for the Federal share of the actual eligible costs of the improvement which is estimated to be $150,000.00. Both the LPA and State recognize this is a preliminary estimate and the final cost may be higher or lower. LPA Incurred Oversight Costs: Project initiation and oversight costs incurred by the LPA with respect to the entire project will be part of the cost of the project to be paid out of LPA Federal Funds. Before the LPA can incur reimbursable costs, the LPA must receive pre-authorization in accordance with the LPA Reimbursement Procedures located at http://www.dor.state.ne.us/gov-aff/lpa-guide- man.html#forms4. Pre-authorized costs for project initiation, project oversight, and incurred expenses such as railroad, utilities, and right-of-way, must be invoiced to the State in accordance with the LPA Reimbursement Procedures and this agreement. The LPA may request reimbursement of their eligible actual costs by submitting an invoice to the State, no more than monthly. The State will reimburse the LPA for the Federal share of the eligible actual costs. LPA Incurred Professional Services: Professional services provided by the LPA require execution of a Professional Services Agreement to identify the services to be provided by the LPA, associated costs, and method of Grand Island Special Meeting - 8/12/2014 Page 15 / 26 - 14 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan reimbursement. Any Professional Services performed prior to Federal authorization and receipt of a Notice to Proceed will not be eligible for Federal-aid. Professional Consultant Services: Upon execution of any professional consultant services agreement for this project, the State may invoice the LPA their share of the total agreement amount. The RC will review and approve any professional services invoices in accordance with the LPA Reimbursement Procedures. Upon review and approval by the State of RC approved professional services invoices, the State will pay the consultant(s) directly. State Incurred Costs Any project coordination and quality assurance review costs incurred by the State with respect to the entire project will be part of the cost of the project to be paid out of LPA Federal Funds. The State at its discretion may invoice the LPA their share of these costs and the LPA shall make payment within 30 calendar days of receipt of invoice. Final reimbursement requests must be made within 60 days after the LPA has filed a completed State DR Form 299 with the State. Any invoices submitted after the 60 calendar days will be ineligible for reimbursement. The final settlement between the State and the LPA will be made after final funding review and approval by the State and after an audit, if deemed necessary, has been performed to determine eligible actual costs. Refer to the AUDITS AND FINAL SETTLEMENT section of this agreement for additional information. SECTION 10. LPA FINANCIAL RESPONSIBILITY The LPA's share of the total project cost will be all costs not paid for by Federal Funds. The LPA understands that payment for the costs of this project, whether they be services, engineering, Right-of-Way, utilities, material or otherwise, are the sole responsibility of the LPA Grand Island Special Meeting - 8/12/2014 Page 16 / 26 - 15 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan where Federal participation is not allowable or available or if the project is subsequently determined to be ineligible for Federal-aid funding. Therefore, where the Federal government refuses to participate in the project or any portion of the project the LPA is responsible for full project payment with no cost or expense to the State in the project or in the ineligible portion of the project. Should the project be abandoned before completion, the LPA shall pay or repay the State for all costs incurred by the State prior to such abandonment. SECTION 11. SCHEDULE The LPA shall provide the State with current project schedules, submittal dates and critical milestone dates. The LPA shall notify and keep the State informed on all project issues. SECTION 12. PROCUREMENT OF PROFESSIONAL SERVICES If a Consultant is to be selected to provide professional services for the project the method of procurement and evaluation must follow all guidelines and requirements outlined in the LPA Guidelines Manual. For funding eligibility, the State will review and approve the Request for Proposals prior to advertising. To maintain Federal-aid eligibility for the project, the selected Consultant must be a State Certified Consultant. SECTION 13. PRELIMINARY ENGINEERING The Parties agree that preliminary engineering, which includes project design, plan development, environmental studies and final design, will be accomplished by the LPA or a State Certified Consultant selected by the LPA. Preliminary engineering costs are estimated to be $187,500.00. The scope of professional services to be provided by the selected Consultant must be negotiated by the LPA and outlined in a Professional Services Agreement and executed by the LPA and Consultant. The form of the Professional Services Agreement must be approved by the State for funding eligibility. Any PE work performed prior to Federal authorization and receipt of a Notice to Proceed will not be eligible for Federal-aid. The Grand Island Special Meeting - 8/12/2014 Page 17 / 26 - 16 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan State will pay the Consultant directly. The Consultant and LPA shall invoice the State for reimbursement in accordance with the TOTAL PROJECT COSTS, REIMBURSEMENT AND INVOICING section in this agreement. The LPA, with State technical advice when requested, agrees to perform or caused to be performed a preliminary survey and all necessary plans, specifications and estimates for the proposed work. All plans, specifications, and estimates must be presented to the State for funding approval to ensure adherence to Federal Standards. The LPA or its Consultant shall design the project according to the current AASHTO Policy on Geometric Design of Highways and Streets, the Nebraska Minimum Design Standards of the Board of Public Roads, Classifications and Standards, the Americans with Disabilities Act (ADA) Accessibility Guidelines and LPA Guidelines Manual for Federal-aid projects. Any deviations from the above publications must be approved for funding by the State on behalf of FHWA. Professional Performance: It is understood by the Parties that the LPA is solely responsible for the professional performance and ability of the LPA and their Consultant(s) in the planning and design of this project. Any review or examination by the State, or acceptance or use of the work product of the LPA or their 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 the LPA and their Consultant which would relieve the LPA from any expense or liability that would be connected with the LPA’s sole responsibility for the propriety and integrity of the professional work to be accomplished by the LPA for the project. SECTION 14. PROJECT COMPLETION Grand Island Special Meeting - 8/12/2014 Page 18 / 26 - 17 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan Upon project completion, the LPA shall complete and sign a State DR Form 91, “Notification of Contract Completion” and provide it to the State Representative for further action. The State Representative assigned to the project will conduct a final review of the project and will determine if the project meets federal program requirements. SECTION 15. AUDIT AND FINAL SETTLEMENT The final settlement between the State and the LPA will be made after final funding review and approval by the State and after an audit, if deemed necessary, has been performed to determine eligible actual costs. The amount of the final settlement between the State and the LPA will be the calculated LPA’s share of the total eligible project costs less the total local funds paid to the State by the LPA. If the LPA’s share of the eligible project costs is more than the local funds paid to the State, the State will bill the LPA an amount up to the LPA’s share of the eligible project costs. The LPA agrees to reimburse the State for any overpayments discovered by the State within thirty (30) days of receipt. If the LPA’s share of the eligible project costs is less than the local funds paid to the State, the State will reimburse the LPA an amount up to the LPA’s share of the eligible project costs. SECTION 16. CONFLICT OF INTEREST LAWS The LPA 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 in order for the project to remain fully eligible for State or Federal funding. LPA should review, understand and follow the instructions provided in the NDOR CONFLICT OF INTEREST GUIDANCE Grand Island Special Meeting - 8/12/2014 Page 19 / 26 - 18 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan DOCUMENT for LPA OFFICIALS, EMPLOYEES & AGENTS for LOCAL FEDERAL-AID TRANSPORTATION PROJECTS located on the State website at the following location: http://www.dor.state.ne.us/gov-aff/lpa/chapter-forms/coi/coi-guidance-doc-lpa.pdf LPA must also complete and sign the NDOR Conflict of Interest Disclosure Form for LPAs for Local Federal-aid Transportation Projects, for each project. This form is located on the State website at the following location: http://www.dor.state.ne.us/gov-aff/lpa/chapter-forms/coi/coi-disclosure-doc-lpa.pdf Consultants and sub-consultants providing services for LPA’s, or submitting proposals for services, shall notify, or be required to notify, the LPA and the NDOR LPD PC and submit a revised Conflict of Interest Disclosure Form for Consultants 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 sub-consultant having a real or potential conflict of interest on an LPA federal-aid transportation project. SECTION 17. DRUG FREE WORKPLACE The LPA shall have an acceptable and current drug-free workplace policy on file with the State. SECTION 18. RECORDS RESPONSIBILITY The LPA shall maintain all correspondence files, books, documents, papers, field notes, quantity tickets, accounting records and other evidence pertaining to costs incurred and shall make such material available at its office at all reasonable times during the contract period and for three years from the date of final cost settlement under this agreement; such records must be available for inspection by the State and the FHWA or any authorized representatives of the Federal government, and the LPA shall furnish copies to those mentioned in this section when requested to do so. Grand Island Special Meeting - 8/12/2014 Page 20 / 26 - 19 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan SECTION 19. FAIR EMPLOYMENT PRACTICES If the LPA performs any part of the work on this project itself, the LPA shall abide by the provisions of the Nebraska Fair Employment Practices Act as provided by Neb.Rev.Stat. §48- 1101, through 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 DISCRIMINATION CLAUSES Section of this agreement. The reference to “Contractor” in this section also means the “LPA”. SECTION 20. DISABILITIES ACT The LPA 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 21. LAWFUL PRESENCE IN USA AND WORK ELIGIBILITY STATUS PROVISIONS The LPA 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(1)(b)) 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 22. DISADVANTAGED BUSINESS ENTERPRISES (DBE) A. Policy The LPA 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. Consequently, the DBE requirements of 49 CFR Part 26 are hereby made a part of and incorporated by this reference into this agreement. Grand Island Special Meeting - 8/12/2014 Page 21 / 26 - 20 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan B. Disadvantaged Business Enterprises (DBEs) Obligation The LPA 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, the LPA 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. The LPA shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of FHWA assisted contracts. The LPA, acting as a subrecipient of Federal-aid funds on this project shall adopt the disadvantaged business enterprise program of the State for the Federal-aid contracts the LPA enters into on this project. Failure of the LPA to carry out the requirements set forth above shall constitute breach of contract and, after the notification of the FHWA, may result in termination of the agreement or contract by the State or such remedy as the State deems appropriate. SECTION 23. TITLE VI NONDISCRIMINATION CLAUSES During the performance of this agreement, the LPA, for itself, its assignees and successors in interest agrees as follows: (1) Compliance with Regulations: The LPA 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. (2) Nondiscrimination: The LPA, 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, Grand Island Special Meeting - 8/12/2014 Page 22 / 26 - 21 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan race, color, sex, religion or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The LPA 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. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the LPA for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the LPA of the LPA's obligations under this agreement and the Regulations relative to nondiscrimination on the basis of disability, race, color, sex, religion or national origin. (4) Information and Reports: The LPA 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 the 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 LPA shall so certify to the State, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the LPA's noncompliance with the nondiscrimination provisions of this agreement, the 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 LPA under this agreement until the LPA complies, and/or Grand Island Special Meeting - 8/12/2014 Page 23 / 26 - 22 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan (b) Cancellation, termination or suspension of this agreement, in whole or in part. (6) Incorporation of Provisions: The LPA shall include the provisions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The LPA shall take such action with respect to any subcontract or procurement as the State or the 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, the LPA may request the State to enter into such litigation to protect the interests of the State, and in addition, the LPA may request the United States to enter into such litigation to protect the interests of the United States. SECTION 24. REPRESENTATIONS This agreement contains the entire agreement of the LPA and State. No representations were made or relied upon by LPA or State other than those that are expressly set forth herein. No agent, employee or other representative of LPA or State is empowered to alter any of the terms in this agreement unless done in writing and signed by an authorized officer of the LPA and State. Grand Island Special Meeting - 8/12/2014 Page 24 / 26 - 23 - Project No. SPR-1(52) Agreement No. BL1452 Control No. 00918 Performance Based Long Range Transportation Plan IN WITNESS WHEREOF, the LPA and State hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the LPA this _____ day of _______________________, 2014. WITNESS: CITY OF GRAND ISLAND RaNae Edwards Jay Vavricek ___________________________________ ___________________________________ LPA Clerk Mayor EXECUTED by the State this _____ day of ______________________, 2014. STATE OF NEBRASKA DEPARTMENT OF ROADS Mick Syslo, P.E. ___________________________________ Materials and Research Engineer Grand Island Special Meeting - 8/12/2014 Page 25 / 26 Grand Island Special Meeting - 8/12/2014 Page 26 / 26