A G E N D A - Nebraska City, Nebraska · A-1 Locksmith Rep/Maint 376.50 Mercer's Do-It-Best Propane...

Nebraska City

City Council may hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the

protection of the public interest or for the prevention of needless injury to the reputation of an individual and if such individual has not requested a

public meeting. The subject matter and the reason necessitating the closed session shall be identified in the motion to close.

A G E N D A

City Council Meeting

January 2, 2018 - 6:00 p.m. Call to Order

“I am required by law to inform the public that a copy of the Open Meetings Act is posted on the bulletin board to

your right. This meeting is being recorded. If you wish to speak, come to the podium, state your name and

address and speak directly towards the microphone the entire time you are addressing the governing body. Thank

you.”

PLEDGE OF ALLEGIANCE

ROLL CALL

CONSENT

1. Approve minutes from the December 18, 2017 City Council Meeting.

MAYOR’S APPOINTMENTS & ANNOUNCEMENTS

2. Re-appointment of Gary Sasse to the Board of Adjustments.

NEW BUSINESS

3. Accepting the report of new claims against the City and approving disposition of claims set for the

period of December 19, 2017 to January 2, 2018.

4. Discussion/action to amend the purchase and installation agreement for the Steinhart Park Pond Sea

Wall project.

5. Discussion/action to approve the Agreement with the Fraternal Order of Police.

6. Approve the acceptance of a Public Water System Security Grant from the NHHS in the amount of

$10,000 and authorize the mayor to sign.

7. Approve the acceptance of a Litter Reduction & Recycling Grant from NDEQ in the amount of

$37,342 toward the purchase of a Chipper in the amount of $93,438.

8. Resolution 2765-18 awarding the lowest bid for Construction of the 4th Corso Viaduct to Hawkins

Construction Company in the amount of $5,793,241.05 and authorizing the Mayor to sign the

contract.

9. Resolution 2766-18 authorizing the Mayor to sign an agreement with the State of Nebraska

Department of Transportation and the Union Pacific Railroad Company for the removal and

replacement of the grade separation at 4th Corso and also a Temporary Construction Easement

Agreement.

10. Ordinance 3002-18 directing conveyance of 0.33 acres of land to Bartlett Grain Company, L.P. to

correct 1959 transfers.

ADJOURNMENT

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CITY OF NEBRASKA CITY, NEBRASKA

MINUTES OF CITY COUNCIL REGULAR MEETING

December 18, 2017

Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Nebraska

City was conducted in the William F. Davis Room at City Hall, 1409 Central Avenue, on December 18,

2017. Notice of the meeting was given in advance thereof by posting in at least three public places, the

designated method for giving notice, as shown by the Certificate of Posting Notice attached to these

minutes. Availability of the agenda was communicated in advance to the media, Mayor and

Commissioners of this proceeding and said meeting was open to the public.

Mayor Bequette called the meeting to order at 6:00 p.m. The Mayor publicly stated to all in attendance

that a current copy of the Nebraska Open Meetings Act was available for review and indicated the

location of such copy posted in the room where the meeting was being held. Mayor Bryan Bequette then

led in the Pledge of Allegiance. Upon roll call the following answered present: Vic Johns, Gloria

Glover and Mayor Bequette. Absent: Paul Davis, Patrick Wehling. The following City Officials were

present: City Administrator Grayson Path, City Attorney David Partsch, Police Captain Lonnie Neeman,

Director of Parks and Recreation Scooter Edmisten, Construction and Facility Manager Marty Stovall

and City Clerk-Treasurer Randy Dunster.

Mayor Bequette moved to approve the following consent items:

Approve minutes from the December 4, 2017 City Council Meeting.

Motion seconded by Commissioner Johns. Upon roll call the following voted YES: Glover, Johns and

Mayor Bequette. Voting NO: None. Motion carried

Mayor Bequette called for the consent of the council to appoint Rose De Kock to the Nebraska City

Housing Authority Board. She is filling the vacancy left by Karen DeHart who has served on the Board

faithfully for over 20 years. Upon roll call the following voted YES: Johns, Glover, and Mayor

Bequette. Voting NO: None. Motion carried.

Mayor Bequette called for the consent of the council to re-appoint John Callen to the Board of

Adjustments. He has served for several terms and has agreed to serve another three year term. Upon roll

call the following voted YES: Johns, Glover, and Mayor Bequette. Voting NO: None. Motion carried.

Mayor Bequette called for the consent of the council to re-appoint Ed Sasse to the Board of Adjustments

for another three year term. Upon roll call the following voted YES: Johns, Glover, and Mayor Bequette.

Voting NO: None. Motion carried.

Kelly Bequette gave the final report from the Nebraska 150 Sesquicentennial Celebration Committee.

Treasurer’s report was given, as of November 30, 2017, Total Nebraska City funds of $6,466,041.49.

Total Cash and Reserve for Nebraska City Utilities of $16,951,487.65. Total City of Nebraska City and

Utility funds $23,417,529.14.

Council acknowledged receipt of City Administrator Report. Grayson Path spoke regarding his report.

Moved by Commissioner Glover and seconded by Johns to accept the report of new claims against the

City and approving disposition of claims set for the period of December 5, 2017 to December 18, 2017.

Upon roll call the following voted YES: Johns, Glover and Mayor Bequette. Voting NO: None. Motion

carried.

CLAIMS LIST

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December 18, 2017

A-1 Locksmith Rep/Maint 376.50 Mercer's Do-It-Best Propane Torch Kit 41.76

Access Systems Leasing Contract 247.90 Meyer, R. Rfnd 200.00

Adkins Signs Adv 60.00 Michael Todd and Co Rep/Maint 233.24

American National Bank Loan 1,117.56 Miller Monroe Farrell Ins 17,580.00

Arbor Mart, Inc Fuel 1,424.50 Mullenax Auto Supply Sup 68.22

Arbor Valley Animal Clini Anim Exp 275.00 Municipal Emergency Unif 1,249.24

Beelner Service, Inc. Irr Maint 660.00 Napa Auto Parts Rep/Maint 14.87

Bohl Plumbing and Heating Rep/Maint 36.35 Nationwide Bonds Bond 100.00

Bottcher, K. Refnd 83.08 Nationwide Trust Cont Inv 2,146.00

Bound Tree Medical LLC Sup 2,691.93 Nationwide Inv 14,430.78

Brown's Shoe Fit Co Unif 282.40 NC Newspress Adv 84.00

Capital Business Sys Contract 155.26 NC Utilities Utilities 7,552.12

Card Services Multi 1,134.76 NE Dept of Rev Sls Tax 130.23

Cede and Co Int/Princ 147,128.75 O'Reilly Auto Parts Rep/Maint 24.11

Cullin Construction Rep/Maint 875.00 Odeys Don/Main 3,812.00

Douglas Tire Co. Rep/Maint 146.14 Ohnmacht, S. Rfnd 90.50

Eakes Office Solutions Sup 195.98 Otoe County Clerk Dispatch 4,987.50

EFTPS Payroll 1,765.00 Payroll Payroll 99,563.03

EMS Billing Services, Inc Billing Serv 4,595.44 Pierce, S. Rfnd 103.68

Fareway Stores, Inc. Concessions 80.35 Reid, G. Rfnd 25.00

Fastenal Company Rep/Maint 3.78 Rembolt Dev Rfnd 200.00

Galls, LLC Unif 271.93 Rose Equipment, Inc. Asphalt 3,026.42

Gatehouse Media Adv 39.00 Security Equipment, Inc. Rep/Maint 318.00

Gillott, S. Rfnd 25.00 SENDD Dues/Memb 6,687.00

Henry Motors Serv Rep/Maint 342.40 Shell Fuel 2,168.79

Hopkins Automotive Inc. Rep/Maint 8.88 Sleuth Computers 1,085.00

Hoyle, S. Rfnd 25.00 Sysco Lincoln Equip 5,019.80

Ideal Pure Water Sup 74.45 Thomas, J. Rfnd 25.00

JEO Consulting Group Engineering 23,806.50 Tim Engel Construction Rep/Maint 648.97

Johnson, P. Rfnd 25.00 UHC HRA 449.68

Kubota of Omaha Rep/Maint 1,037.19 Unifirst Corporation Contract 285.78

Landis Engine Co Rep/Maint 84.40 Verizon Wireless Tele 14.04

Lincoln Journal-Star Adv 426.00 Viox, Alan Payroll 3,617.50

Maddox, J. Rfnd 25.00 Westlake Ace Hardware Sup 65.63

Mainelli Mechanical Rep/Maint 1,521.55 Windstream,Inc. Tele 1,451.66

Mark Hughes Homes Rfnd 200.00

Yost, T&J. Rfnd 200.00

Moved by Mayor Bequette and seconded by Glover to approve the application for a sidewalk café

permit for Buck Snort located at 715 1st Corso for calendar year 2018. Upon roll call the following

voted YES: Johns, Glover and Mayor Bequette. Voting NO: None. Motion carried.

Moved by Commissioner Johns and seconded by Mayor Bequette to authorize bid advertising for the

North 11th Street & Orchard Drive Improvements. Upon roll call the following voted YES: Johns,

Glover, and Mayor Bequette. Voting NO: None. Motion carried.

Moved by Mayor Bequette and seconded by Glover to approve the Pool Rates as stated for 2018. Upon

roll call the following voted YES: Johns, Glover and Mayor Bequette. Voting NO: None. Motion

carried.

4

Moved by Commissioner Glover and seconded by Johns to approve the negotiated bid for the

Comparability Pay Study in the amount $10,000.00 from Capital City Concepts, LLC and authorize the

Mayor to sign the contract. Upon roll call the following voted YES: Johns, Glover, and Mayor Bequette.


Moved by Mayor Bequette and seconded by Johns to table the action regarding the Nationwide

Retirement Agreement. Upon roll call the following voted YES: Johns, Glover and Mayor Bequette.


Moved by Mayor Bequette and seconded by Johns for the Council to go into closed session with the

City Attorney and City Administrator for the purpose of having a strategy session with respect to lease

extension options for Tower Alliance for a Communication Cell Tower located at Steinhart Park and for

the protection of the public interest. Upon roll call, the following voted YES: Glover, Johns and Mayor

Bequette. Voting NO: None. Motion carried. Council began the closed session at 6:37 PM.

Moved by Mayor Bequette and seconded by Johns to come out of closed session and resume the Open

Session at 6:48 PM. Upon roll call, the following voted YES: Glover, Johns and Mayor Bequette.


Moved by Mayor Bequette and seconded by Glover to not continue further negotiations with Tower

Alliance and keep our current lease on the Communication Cell Tower located at Steinhart Park as it is

until 2032. Upon roll call, the following voted YES: Glover, Johns and Mayor Bequette. Voting NO:

None. Motion carried.

Meeting Adjourned at 6:51 P.M.

AFFIDAVIT

I, the undersigned City Clerk for the City of Nebraska City, Nebraska, hereby certify that the foregoing is a true and correct

copy of proceedings had and done by the Mayor and Board of Commissioners, that all of the subjects included in the

foregoing proceedings were contained in the agenda for the meeting, kept continually current and available for public

inspection at the office of the City Clerk; that such subjects were contained in said agenda for at least twenty-four hours prior

to said meeting; that at least one copy of all reproducible material discussed at the meeting was available at the meeting for

examination and copying by members of the public; that the said minutes from which the foregoing proceedings have been

extracted were in written form and available for public inspection within ten working days and prior to the next convened

meeting of said body; that all news media requesting notification concerning meetings of said body were provided advance

notification of the time and place of said meeting and the subjects to be discussed at said meeting.

________________________________

Randy A. Dunster, City Clerk-Treasurer

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CITY OF NEBRASKA CITY 1409 Central Avenue

Nebraska City, NE 68410-2223

Phone: 402-873-5515

Fax: 402-873-5685

Agenda Information Support Sheet

To: Mayor and Commissioners

Council Meeting: January 2, 2018

Agenda Item: #4

Submitted By: Grayson Path, City Administrator

A. Synopsis of Issue:

a. On November 20, 2017, the City Council approved a Purchase and Installation Agreement with Inland

Marine Construction, Inc. to finish the sea wall project around Steinhart Park pond.

b. Inland Marine Construction, Inc. experienced delays due to other projects and the delivery of needed

materials for our project, subsequently resulting in our project not being completed by the agreed upon date

of January 1st. Per sections 5.1 and 8.1 of the agreement, we have developed the attached Amendment #1.

c. Amendment #1 states that work will start no later than April 1st (if the cold weather breaks earlier, they

have been asked to start earlier) but have the project completed by April 30th

prior to the warmest months

of the year.

B. Options:

a. Approve the attached Amendment #1 to the Purchase and Installation Agreement for the Steinhart Park

Pond Wall Extension project and authorize the Mayor to sign.

b. Request changes to Amendment #1.

c. Reject Amendment #1 and advise staff as to the direction to proceed (termination of agreement,

renegotiation of terms, etc.).

C. Fiscal Note:

a. The total cost is not to exceed $73,150.00 per section 6.1 of the Agreement.

b. The Nemaha NRD as well as the Wirth Foundation have provided the funds to cover this project.

D. Recommendation:

a. Approve the attached Amendment #1 to the Purchase and Installation Agreement for the Steinhart Park

Pond Wall Extension project and authorize the Mayor to sign.

E. Background:

a. N/A

*********************************************************************************************

Department Heads: Submit this form to Dave Partsch and Grayson Path by 5:00 pm of the day the Agenda

meeting is held.

6

PURCHASE AND INSTALLATION AGREEMENT

STEINHART PARK POND WALL EXTENSION

CITY OF NEBRASKA CITY, NE

AMENDMENT #1

This Amendment made this 2nd

day of January, 2018 to the Purchase and Installation Agreement, hereinafter referred to as

the “Agreement”, signed November 20, 2017; by and between the City of Nebraska City, Nebraska, a Nebraska Municipal

Corporation, hereinafter referred to as “City” and Inland Marine Construction, Inc., with principal office located at 421 14th

Corso, Nebraska City, NE, hereinafter referred to as “Contractor”, collectively known as “Parties”, who do hereby make and

enter into the following Amendment to the Agreement.

ARTICLE I

AMENDMENT TO ARTICLE V – TIME OF PERFORMANCE

The Agreement includes the following section:

5.1 The Contractor shall commence the services described in Article II, Scope of Services on December 1, 2017 and

shall complete said services by January 1, 2018, unless terminated, or unless the Scope of Services and Time of

Performance are changed in accordance with Article VIII, Changes or Termination. Delays will be communicated

by the City to the Contractor and this section shall be adjusted accordingly.

In accordance with section 8.1 of the Agreement, the above section is hereby amended and replaced in its entirety with the

following:

5.1 The Contractor shall commence the services described in Article II, Scope of Services no later than April 1, 2018

and shall complete said services by April 30, 2018, unless terminated, or unless the Scope of Services and Time of

Performance are changed in accordance with Article VIII, Changes or Termination. Delays will be communicated

by either party to the other and this section shall be adjusted accordingly.

IN WITNESS HEREOF, the parties have executed this Agreement in duplicate original in Nebraska City, Nebraska, this

day of January 2018.

CITY OF NEBRASKA CITY: INLAND MARINE Construction, Inc.:

BY: Bryan Bequette BY: Adam Bennett

Mayor

ATTEST:

Randy Dunster

City Clerk-Treasurer

48



Phone: 402-873-5515

Fax: 402-873-5685




Agenda Item: #8


Marty Stovall, Construction and Facility Manager

A. Synopsis of Issue:

a. On December 14, 2017, NDOT held a bid letting for the 4th

Corso Viaduct.

b. Seven (7) bids were opened (see Attachment A – cover sheet is attached, for the full bid tabulation, see the

City Administrator and/or the Construction and Facility Manager).

c. The lowest bidder was Hawkins Construction Company out of Omaha, NE with $5,793,241.05. According

to our Supplemental Agreement #2 to BM1119 (original contract for the 4th

Corso Viaduct project) dated

February 20, 2017, the estimated cost of construction for the 4th

Corso Viaduct was $6 million. Therefore

this bid is below that estimate.

d. NDOT has prepared the attached Resolution (Attachment B) to be approved by the City Council and signed

by the Mayor – awarding the bid to the lowest bidder – Hawkins Construction Company.

e. In the attached resolution, sub-point #3, the plans and specifications are available to be viewed by any

Commissioner who wishes to see them. Please see Marty Stovall. He has reviewed these.

f. Important: sub-point #4 of the Resolution authorizes the Mayor to sign the subsequent construction

contract with this contractor once it is produced. We have not seen that agreement yet, but NDOT wishes

to keep this project moving quickly to get it started on time. City Staff will review the agreement once it is

produced, but these tend to be very standard boilerplate agreements from NDOT. If we have any issues

that we have control over to change, we will attempt to make those changes. If there are significant issues

that need to be brought to the council, we will make you aware of them as well.

B. Options:

a. Approve the resolution and authorize the Mayor to sign both the resolution and the subsequent contract

with the Contractor once it is produced.

b. Approve the resolution and authorize the Mayor to sign only the resolution at this time, with the contract

coming back to the City Council at a later date.

c. Reject the lowest bidder and/or award a different bidder with listed justification (this would have to be ran

through NDOT as Federal Highway Funds are being used for this project).

C. Fiscal Note:

a. City Staff is currently working with NDOT’s Controller Division to determine the total amount of

estimated City expense for the remainder of this project for the purpose of pursuing the necessary financing

via Bond Anticipatory Notes (BANs) as planned in the FY17/18 budget. Once that work is complete, the

Staff will be working with our underwriters to prepare the needed financial paperwork and documents to

bring to the City Council to issue debt for the City’s portion of this project.

D. Recommendation:

49

a. Approve the resolution and authorize the Mayor to sign both the resolution and the subsequent contract

with the Contractor once it is produced.

E. Background:

a. Street Commissioner Vic Johns, Construction and Facility Manager Marty Stovall and City Administrator

Grayson Path attended the bid letting on December 14, 2017.

b. NDOT’s Estimation Department as well as Marty Stovall have reviewed the lowest bid for reasonable

values and figures and determined it to be a good bid. All contractors bid different items and quantities at

different amounts based on their resources and capabilities, so there are highs and lows across all bids in

comparison to one another, but ultimately the summation of these lines is the final factor. So long as the

values are determined reasonable vs. estimates, then the bid is found to be satisfactory. Again, that has

been determined to be the case with the presented lowest bid.

*********************************************************************************************


meeting is held.

50

Attachment A

Bid Tabulation

(Cover Sheet)

Attachment B

Resolution

52



Phone: 402-873-5515

Fax: 402-873-5685




Agenda Item: #9


F. Synopsis of Issue:

a. NDOT and Union Pacific (“UP”) have negotiated, with our input, the attached Construction Agreement and

Temporary Easement Agreement (attachment D-1) for the 4th

Corso Viaduct.

b. As the existing 4th

Corso Viaduct will be demolished and the new one constructed over UP airspace, and as

the construction will need temporary access to UP land, this agreement is necessary in moving forward

with the 4th

Corso Viaduct Project.

c. This is a developing document – due to time constraints beyond the City’s control, the City Administrator

is asking that the City Council authorize the Mayor to sign this resolution but in addition authorize the

Mayor, City Administrator, and City Attorney to authorize any final edits that might come up. We will use

good judgement in determining what is minor and what in fact needs to come back to the City Council first.

We are attempting to avoid a situation that the project becomes delayed due to having to wait for council

meetings. At this point though, all parties are relatively certain that the below draft is the final document.

We can then come back to the City Council and report on what edits were made. This way we can keep

this important project moving.

G. Options:

a. Approve the resolution for the Construction and Maintenance Agreement as well as the Temporary

Construction Easement Agreement, in addition, authorize the Mayor to approve any edits that are made in

order to keep the project going forward, with those edits coming back to the City Council after the fact to

report back to you.

b. Reject the resolution and/or request edits that staff can take back to UP and NDOT. Please be aware that

given the project has been bid and the bids opened, time is of the essence to avoid costly delays.

H. Fiscal Note:

a. There are costs for purchasing temporary easement as well as flaggers per the agreement, but those are part

of the total project expense, thus eligible for Federal and State Funding obligations.

I. Recommendation:

a. Approve the resolution for the Construction and Maintenance Agreement as well as the Temporary

Construction Easement Agreement, in addition, authorize the Mayor to approve any edits that are made in

order to keep the project going forward, with those edits coming back to the City Council after the fact to

report back to you.

J. Background:

a. Important note – throughout the document I directed that “City” have added “or the State on behalf of the

City” in order to match existing agreements with NDOT for RC duties and make sure communication

53

breakdowns do not occur. NDOT is to perform the duties throughout this project on our behalf

(Supplemental Agreements #1, #2 and #3 to BM1119).

b. Recitals – History of the old bridge, how it became to be owned by the City, need for a temporary

construction easement to access the old bridge for work to build a new one.

c. Section 1 – The City shall plan, design, and submit designs to UP for their approval on the 4th

Corso

Viaduct (this has already all been done).

d. Section 2 – UP shall give the City temporary easement to access UP property for the purpose of

construction of the Viaduct. City shall pay UP for this (part of the project costs).

e. Section 3 – Extensive section listing out the terms for how construction will take place, insurance and

bonding the contractor shall have, the tracks will not be shut down, if the UP determines that a hazard is

present they can stop the work on their property portion of the project without liability to the City, the work

must be done within 24 months of this agreement, equipment shall be removed from UP property upon

completion of the project, the Contractor will be monitored to insure they hold true to this agreement and

the plans that were seen and approved by the UP, work cannot begin until this agreement is approved by

UP, etc. (To my knowledge, all of this is standard for NDOT to handle and they have planned for

everything here.)

f. Section 4 – UP will not be charged any expense for work they have to do for this project. They shall set up

flagging crews at the project’s expense. If UP lines have to be moved, they will provide crews but it will

be as a project expense.

g. Section 5 – The City shall own, operate and maintain the new viaduct. Any work near the tracks, UP will

need to be notified.

h. Section 6 – The City shall secure funds (Federal, State and City) to pay for this project including UP

expenses. UP can require proof that we have secured proper funding for any portion not covered by

Federal Funds.

i. Section 7 – Fair Employment.

j. Section 8 – Bidding performed by the State.

k. Section 9 – Indemnification language – UP is indemnified.

l. Section 10 – Effective date is last day it is executed by one of the parties.

m. Section 11 – Restrictive termination language (once we start the project, UP wants it finished because

whatever is left is likely to be a hazard for them).

n. Section 12 – Successors and Assigns

o. Section 13 – Future projects similar to this for the 4th

Corso Viaduct shall require similar processes as

described in this agreement (a new agreement).

p. Section 14 – All parties must agree to modifications of this agreement in writing.

q. There are various exhibits including a Temporary Easement Agreement giving the City (contractor) access

to their land for part of the project.

*********************************************************************************************


meeting is held.

54

RESOLUTION NO. 2766-18

WHEREAS, the City of Nebraska City, the Union Pacific Railroad Company and the State of

Nebraska intend to remove and replace the grade separation on 4th

Corso in Nebraska City, DOT No

432930B.

WHEREAS, the parties have provided for the terms and conditions for this project in a

Construction and Maintenance Agreement and a Temporary Construction Easement Agreement.

WHEREAS, the City of Nebraska City wishes to enter into both of these three-party agreements.

NOW, THEREFORE, BE IT RESOLVED, the City Council of Nebraska City hereby

authorizes the Mayor of Nebraska City to sign an agreement with the State of Nebraska, Department of

Transportation and the Union Pacific Railroad Company for the removal and replacement of the grade

separation at 4th

Corso in Nebraska City, Union Pacific Railroad Company DOT. No. 432930B and also

a Temporary Construction Easement Agreement for the use of approximately .53 acres.

NDOR Project Number: URB-6217(4)

NDOR Control Number: 13159

NDOR Project Description: 4th

Corso Viaduct Nebraska City

RESOLVED THIS _____ DAY OF __________, 20___.

ATTEST: ___________________ _________________________

City Clerk- Treasurer Mayor

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AGREEMENT

REMOVAL AND REPLACEMENT OF EXISTING VIADUCT

UNION PACIFIC RAILROAD COMPANY

Project No.: URB-6217(4) Control No.: 13159

Location: 4th Corso Viaduct Nebraska City UPRR Folder No.:_____________

County: Otoe

DOT Number: 432930B UPRR Milepost: 435.8

THIS AGREEMENT is made and entered into as of its Effective Date herein defined by and

between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (the "Railroad"); the

CITY OF NEBRASKA CITY (the “City”) and the STATE OF NEBRASKA, DEPARTMENT OF

TRANSPORTATION (the "State").

RECITALS:

The City desires as its project (the "Project") to remove an existing grade separation structure

and construct a new grade separation structure and its appurtenances (the "Structure") on 4th

Corso over

the Railroad's tracks and property at Railroad Milepost 435.8, DOT No. 432930B on its Falls City

Subdivision near Nebraska City, Otoe County, Nebraska, in the general location shown on City’s print

marked Exhibit A, attached hereto and hereby made a part hereof.

The State and Railroad executed an agreement dated February 16, 1958, identified in Railroad’s

records as its Audit No. CA47251 that provided for the construction and maintenance of a viaduct and a

second agreement executed by the State and Railroad dated October 9, 1995 identified in Railroad’s

records as its Audit No. 183107 that provided for the widening of such viaduct constructed by the State

pursuant to the 1958 agreement.

Pursuant to that certain relinquishment instrument executed by the State dated September 23,

2003, identified in Railroad’s records as its Audit No. CA47251, the State relinquished its rights under

the 1958 and 1995 agreements to the City and the City is responsible for the use, maintenance and

operations of the existing grade separation structure. The 1958and1995 agreements and the

relinquishment instrument are hereinafter referred to as the “Original Agreements.”

City requires a temporary construction easement area from the Railroad in connection with the

Project, a depiction of which is also shown on Exhibit A and is also described in the legal description

marked Exhibit B-1, attached hereto and hereby made a part hereof (the “Temporary Easement

Property”).

The City's type, size and location print(s) of the Structure is/are marked Exhibit C, attached

hereto and hereby made a part hereof.

AGREEMENT:

56

NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows:

SECTION 1. Plans.

1.1 The City, at its expense, shall prepare, or cause to be prepared by others, the detailed plans

and specifications for the Structure and shall submit such plans and specifications to the Railroad's

Assistant Vice President Engineering - Design, or his authorized representative, for review and approval.

The plans and specifications shall include the Structure's approaches, all appurtenances, associated

drainage, shoring, sheeting and excavations for bents and/or abutments next to or adjacent to the

Railroad's tracks, and shall provide for the Railroad's minimum vertical and horizontal clearances for

overpass structures as shown on Exhibit C or in the Plans (as such term is defined in Section 1.2).

1.2 The final plans that are approved in writing by the Railroad's Assistant Vice President

Engineering - Design, or his authorized representative are hereinafter referred to as the "Plans". The

Plans are hereby made a part of this Agreement by reference.

1.3 The Railroad shall use reasonable efforts to complete its review of the Plans within thirty

(30) days after receipt; provided, however, the Railroad may take additional time to review such Plans,

based upon the Railroad’s scheduling constraints and the complexity of the items under review.

1.4 No changes in the Plans affecting the interests of the Railroad or the City shall be made

unless the Railroad and the City have consented to such changes in writing.

1.5 Upon completion of the Structure, the City, or the State on behalf of the City, as a project

expense, shall furnish to the Railroad a PDF formatted to reproduce legibly on 11”x17” sheets of the As

Built Plans of the Structure.

SECTION 2. Easements

2.1 The Railroad will be granting a temporary construction easement (“Temporary

Construction Easement”)to the City to use a portion of the Temporary Easement Property, in the non-

recordable form of Temporary Construction Easement marked Exhibit D-1 (the “Temporary

Agreement”), attached hereto and hereby made a part hereof, for a period of the earlier to occur of

twenty-four (24) months or until the City no longer needs such area in connection with the Project. The

City, or the State on behalf of the City, shall notify the Railroad when it has completed the portion of the

Project work located on the Railroad’s property.

2.2 The City, or the State on behalf of the City, shall pay the Railroad fair compensation for

the Temporary Construction Easement. Such compensation shall be determined by mutual agreement

between the parties and does not need to occur simultaneously with the execution of this Agreement.

However, the City agrees that the Temporary Construction Easement described in Section 2.1 must be

executed by the parties and the Railroad must receive from the State the agreed-upon amount of

compensation therefor before the City can commence any Project work on any Railroad property. If

the parties cannot agree on compensation, an eminent domain action may be initiated and occupancy and

use of Railroad's property shall be as determined in the associated court action; provided that Railroad

does not waive any rights in connection therewith.

2.3 If any property or rights other than the easement(s) granted herein by the Railroad are

necessary for the construction, use, maintenance and repair of the Structure, or for the performance of

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any work in connection with the Project, the City, or the State on behalf of the City, shall acquire all

such other property and rights as a Project expense, and at no cost to Railroad.

SECTION 3. Work to be performed by the City; Insurance Requirements.

3.1 For purposes of this Agreement the term "Contractor" shall mean the contractor or

contractors hired by the City, or the State on behalf of the City, to perform any Project work on any

portion of the Railroad's property and shall also include the Contractor's subcontractors and the

Contractor's and subcontractor's respective employees, officers and agents.

3.2 The City, or the State on behalf of the City, as a Project expense, shall apply for and

obtain all public authority required by law, ordinance, rule or regulation for the Project, and, upon

request from the Railroad, shall furnish the Railroad with satisfactory evidence that such authority has

been obtained.

3.3 Neither the City nor the State on behalf of the City, shall commence (or permit the

Contractor to commence) any work on any of portion of the Railroad's Property until (i) the City, the

State and the Railroad have executed this Agreement, (ii) the Railroad's Assistant Vice President

Engineering - Design, or his authorized representative, has provided written approval to the City of the

Plans, (iii) the City and Railroad have agreed upon compensation for the Temporary Construction

Easement and have executed the Temporary Agreement for the same, and (iv) the Contractor has

obtained (and provided evidence to the City and the Railroad) the insurance and insurance endorsements

set forth in the Special Provisions Relating to Work on Union Pacific Railroad’s property marked

Exhibit E, attached hereto and hereby made a part hereof (the “Special Provisions”).

3.4 The City, or the State on behalf of the City, as a Project expense, shall construct (and

shall cause the Contractor to construct) the Structure in compliance with the Plans, Special Provisions

and also any other special Railroad guidelines or specifications furnished by the Railroad to the City.

All Project work shall be performed diligently and completed within a reasonable time and in any event

within twenty four (24) months from the Effective Date, or within such further period of time as may be

agreed to in writing by the Railroad's Vice President Engineering - Design or his authorized

representative. The Railroad will make all reasonable efforts to avoid or minimize any delay to the

progress of the Project work. No part of the Project shall be suspended, discontinued or unduly delayed

without the Railroad's written consent and subject to such reasonable conditions as the Railroad may

specify. It is understood that the Railroad's tracks at and in the vicinity of the Project will be in constant

or frequent use during progress of the Project and that movement or stoppage of trains, engines or

railcars may cause delays in the Project work. The City, as a Project expense, hereby assumes the risk

of any such delays and agrees that no claims for damages on account of any delays shall be made against

the Railroad by the City or the Contractor.

3.5 The State and the City, as a Project expense, shall designate a construction project

manager to oversee and supervise the Project and the construction of the Structure so as to monitor the

Contractor's compliance with the Plans. The State and City's responsibility for Project supervision and

for the safe conduct of Project work shall not be lessened or otherwise affected by the Railroad's

approval of the Plans or by the Railroad's collaboration in performance of any Project work, by the

presence at the Project work site of any Railroad representative, or by compliance by the City, or the

State on behalf of the City, or the Contractor with any requests or recommendations made by any

Railroad representative. The City, or the State on behalf of the City, shall give due consideration (and

shall cause the Contractor to give due consideration) to suggestions and recommendations made by any

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Railroad representative for the safety and protection of the Railroad's property, personnel and

operations.

3.6 When letting for bids for the Project, the City, or the State on behalf of the City, shall

include as part of its bid package the Special Provisions marked Exhibit E. In its Project construction

contract with the Contractor, the City, or the State on behalf of the City, shall require the Contractor to

adhere to and to comply with the Special Provisions.

3.7 Upon completion of the Project, the City, or the State on behalf of the City, shall remove

or ensure that its Contractor remove from the Railroad's property all temporary structures, equipment,

building and other materials and shall leave the Railroad's property in a condition satisfactory to the

Railroad. If the Contractor fails to perform such work, the Railroad shall provide the Contractor and

project manager with written notice of the specific items of work the Railroad believes should be

completed and allow the Contractor a reasonable amount of time to complete the requested work. In the

event that the Contractor does not complete such work in a manner satisfactory to the Railroad, the

Railroad shall consult with the City in order to agree on the appropriate work to be done and have the

right to perform such work at the City's expense.

3.8 If the Contractor is performing any Project work on the Railroad's property in a manner

that is not in compliance with the Plans, or in a manner deemed hazardous by the Railroad, or if the

Contractor's insurance is cancelled or terminated for any reason during the progress of the Project, the

Railroad, in its sole election, shall have the right to stop the Project work being performed on its

property by informing the Contractor or the City to inform the Contractor to suspend all Project work on

the Railroad's property until the acts or omissions of the Contractor have been fully rectified to the

satisfaction of the Railroad or until the Contractor has obtained and delivered to the Railroad evidence

that the insurance requirements set forth in Exhibit E have again been met. In the event the Railroad, in

its sole discretion, deems that the actions of the Contractor create an imminent threat of injury or

damage to any person or property, the Railroad shall have the right to immediately stop the Contractor's

work. Upon such work stoppage by the Railroad, the Railroad shall notify the City immediately. Such

work stoppage (either by the City, State or the Railroad) shall not give rise to or impose upon the

Railroad any liability to the City or the Contractor.

3.9 The City, or the State on behalf of the City, are prohibited from using (and shall ensure

that the Contractor does not use) any explosives on or in the vicinity of the Railroad's property without

the prior written consent of the Railroad.

3.10 The City, or the State on behalf of the City, shall require in its contract with its prime

Contractor that all work on any Railroad property shall be performed in compliance with all applicable

Federal Railroad Administration regulations.

3.11 All Project work on any Railroad property shall be performed in such a manner so as not

to obstruct, endanger, interfere with, hinder or delay the use or maintenance of the Railroad's tracks or

facilities, or the operations of others lawfully occupying or using the Railroad's property or facilities.

3.12 The City, or the State on behalf of the City, as a Project expense, shall provide and

maintain suitable facilities, as shown in the approved plans, for draining the Structure on the Railroad's

property. The City, or the State on behalf of the City, as a Project expense, shall also provide adequate

passageway for the waters of any streams, bodies of water and drainage facilities (either natural or

artificial, and including water from the any Railroad culvert or drainage facility) so that said water will

not be impeded, obstructed, diverted or caused to back up, overflow or damage any Railroad property or

59

property of others. The City, or the State on behalf of the City, shall also ensure that the Project will not

obstruct or interfere with existing ditches or drainage facilities.

3.13 The City, or the State on behalf of the City, as a Project expense, shall be responsible in

dealing directly with any utility or fiber optic company having a line located on the Railroad's property

that will be affected by the Project including, without limitation, the responsibility to provide for all

utility and fiber optic relocation or encasement associated with the Project. All new, relocated or

reinforced utility or fiber optic lines shall be constructed, relocated or reinforced in compliance with the

Railroad's standards and specifications and in such a manner so as to not adversely affect any

communication or signal lines of the Railroad or its tenants, easement holders, licensee or other users.

3.14 In accordance with Nebraska Revised Statute Section 52-118, the State, on behalf of the

City, shall require its Contractor to obtain a bond in a sum not less than the contract price with a

corporate surety company, conditioned for payment of all laborers and mechanics for labor that is

performed and for the payment for material and equipment rental which is actually used or rented for the

Project or in performing its contract with the City.

3.15 No temporary construction crossing may be established for the Contractor's use to cross

any track of the Railroad without the Railroad's prior consent. All costs of installing any such crossing

shall be considered a cost borne by the Contractor.

SECTION 4. Work to be performed by Railroad; Estimated Railroad Costs. 4.1 The City and State confirm that no Project expenses are to be borne by the Railroad

except as described in Section 6 of this Agreement.

4.2 The Railroad shall provide, through Contractor-in-Charge flagging, at the Contractor’s

expense, railroad flagging or other protective services whenever deemed necessary by the Railroad to

maintain the safety of its railroad operations. The State is estimating that 60 days of Railroad flagging

will be required for the Project. The Railroad shall bill flagging and other protective services costs at

the flagging contractor rates when the services are performed. Multiple flaggers may be required based

on the complexity of the Project.

4.3 The portion of the Railroad work is described in the Railroad's Material and Force

Account Estimate dated July 28, 2017 (the "Railroad Estimate") marked Exhibit G, attached hereto and

hereby made a part hereof, and, as set forth in the Railroad Estimate, is estimated to be Ten thousand

Dollars ($10,000). The Railroad, if it so elects, may recalculate and update the Railroad Estimate in the

event the City, or the State on behalf of the City (or its Contractor) does not commence any construction

on the portion of the Project located on the Railroad's property within six (6) months from the date of the

Railroad Estimate.

4.4 If the Railroad Estimate involves any relocation of Railroad owned utility lines, the

Railroad shall furnish a drawing on paper or electronic form, showing the location of the line(s) and the

new location of the lines after they are relocated.

4.5 Subject to the terms and conditions contained in Section 4.6, the Railroad, as a Project

expense, shall provide the Railroad forces to perform the Railroad work. The Railroad, as a Project

expense, shall provide an inspector or inspectors for work performed by the State or the Contractor

when, in the opinion of the Railroad, such work is considered hazardous to personnel, passengers or

railroad equipment or freight under the Railroad's control or other property of the Railroad. The

Railroad shall notify the State's District Engineer at (402) 471-0850, Lincoln, Nebraska, in advance of

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the time it expects to begin the Railroad work so that the name and address of the State's Project

Manager may be furnished to the Railroad. The Railroad shall also inform the State's Project Manager

when work is to be performed and to coordinate with said Project Manager the Railroad work with the

State's work on the Project.

4.6 If the Railroad, in its sole discretion, enters into a contract or agreement with a contractor

to perform any Railroad work, flagging, inspection or preliminary engineering work it shall not

discriminate in its choice of contractors and will include all of the nondiscrimination provisions set forth

in Exhibit F, attached hereto and hereby made a part hereof.

SECTION 5. Maintenance of Structure. 5.1 The City shall own the Structure and, at no cost to the Railroad, shall maintain, repair,

renew and reconstruct the entire Structure. If the City shall fail, refuse or neglect to maintain the

Structure in a proper condition, and the Railroad deems that the condition of the Structure is presenting

a danger to the safety of the Railroad's tracks, property or personnel or those of its agents, tenants and

other users beneath the Structure, the Railroad shall provide the City with written notice of the specific

items of work the Railroad believes should be completed and allow the City a reasonable amount of time

to complete the requested work. In the event that the City does not complete such work in a manner

satisfactory to the Railroad, the Railroad shall consult with the City in order to agree on the appropriate

type and method of repair, and thereafter, the Railroad, at City’s expense may perform any repair work

on the Structure which in the judgment of the Railroad is necessary to place the Structure and its

appurtenances in such condition so as to not menace, endanger or interfere with the Railroad's property,

equipment, facilities or railroad operations or those of its tenants or other users or to jeopardize the

safety of employees of the Railroad, its agents, tenants or other users.

5.2 Prior to performing any maintenance, repairs, replacement or removal of the Structure

which may reasonably be expected to affect the Railroad's property or operations or be performed within

twenty-five (25) feet of any Railroad track, the City shall notify (and shall cause the Contractor to

notify) the Railroad of such proposed work and coordinate such activities with the Railroad as may be

necessary to ensure maximum safety and minimum inconvenience to the Railroad. In such situations,

the City shall require the Contractor to obtain the insurance in such amounts as being required in the

then-current version of Railroad’s requirements (in addition to the other Contractor requirements

herein).

5.3 If the Railroad requires engineering inspection services or flagging in connection with the

work described in Section 5.2, the City will reimburse the Railroad for all of its actual costs of

engineering inspection services and flagging performed by the Railroad in connection with such work

when such actual costs are separately itemized and shown.

5.4 If at any time the Structure is abandoned by the City and ceases to be used for public

highway purposes, the City, at its sole expense, shall restore the Railroad's property to its original

condition as is reasonably possible and such demolition and removal of the Structure shall be in

compliance with demolition plans that have been approved in writing and in advance by the Railroad's

Assistant Vice President Engineering -Design or his authorized representative.

SECTION 6. Funding.

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6.1 The City shall fund and pay for the Project from federal and/or state funds appropriated

for the purpose of constructing improvements at railroad/highway crossings and expended under federal

or state regulations. If the City will be receiving federal funding for the Project, the Plans, estimates of

costs, awards of contract, acceptance of work and procedures in general are subject at all times to all

applicable current federal laws, rules, regulations, orders and approvals applying to it as a federal aid

project including, but not limited to, those contained in the then current edition of the Federal Aid Policy

Guide, or any replacement guide, as currently contained in 23 CFR 140, Subpart I and 23 CFR 646

Subparts A and B, and which is hereby made a part of this Agreement by reference.

6.2 If federal funding is involved, the City shall reimburse the Railroad only for actual costs

and expenses incurred by the Railroad that are in compliance with the provisions contained in the

current edition of the Federal Aid Policy Guide. If other non-federal funding is used, the City shall

reimburse the Railroad for all actual costs and expenses.

6.3 The City's administrative costs or expenses shall not be included in Project expenses.

6.4 As set forth in Section 4, the Railroad Estimate is attached as Exhibit G. During the

progress of the Project, if the Railroad anticipates other costs and expenses that are not associated with

work described in the Railroad Estimate, the Railroad shall prepare another estimate and submit it to the

City for its review and approval.

6.5 The Railroad shall send progressive billing to the State as the Railroad incurs expenses

during the course of the Project. After receiving written notice from the State that all Project work to be

performed on any portion of Railroad's property is complete, the Railroad shall strive to have a final

billing of all actual costs incurred by the Railroad sent to the State within one hundred twenty (120) days

after Project completion.

6.6 Subject to the terms and conditions of this Agreement and the auditing provisions

provided in applicable federal or state regulations, the State shall pay the Railroad within thirty (30)

days of its receipt of billing for one hundred percent (100%) of all actual costs incurred by the Railroad

in connection with the Project including, but not limited to, all actual costs of preliminary engineering

work, inspection, procurement of materials, equipment, manpower (both direct and indirect labor

additives, as may be negotiated in accordance with industry standard from time to time), deliveries to the

job site and the Railroad's normal and customary additives associated therewith.

6.7 If at any time during or prior to the commencement of the Project, the City, or the State

on behalf of the City, or Railroad determines that the actual cost of the Project will exceed the federal

and/or state funds appropriated for the Project, the Railroad may reasonably request additional funds be

appropriated, authorized and set aside for use by the City for the Project, for the projected or actual

additional costs to perform such work. Within sixty (60) days after the City's receipt of a written request

therefor, the City shall notify Railroad in writing whether the City will obtain the additional amounts

reasonably required to complete the Project. If the City fails to obtain the additional amounts in excess

of the federal and/or state funds appropriated for the Project within one hundred twenty (120) days after

the date of Railroad's initial request, or by such later date agreed to by the City and the Railroad, or if the

City otherwise does not agree to pursue the additional funds or fails to timely notify the Railroad of its

decision related thereto, then such failure to timely obtain the additional amounts shall be deemed a

default of this Agreement by the City.

SECTION 7. Fair Employment Practices Act.

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The Railroad and the City shall comply with the provisions of the Nebraska Fair Employment

Practices Act as provided by Neb. Rev. Stat. Sections 48-1101 through 48-1126.

SECTION 8. Letting.

The State, on behalf of the City, as a Project cost, shall award a contract for Project construction

in accordance with applicable State Laws.

SECTION 9. Indemnity. 9.1 The City, or the State on behalf of the City, agrees to insert the following provision in

any contract in which the Contractor will have access to Railroad’s property:

To the extent allowed by law, Contractor hereby releases and shall indemnify, defend and

hold harmless Railroad, its affiliated companies, partners, successors, assigns, legal

representatives, officers, directors, shareholders, employees and agents for, from and

against any and all claims, liabilities, fines, penalties, damages, losses, liens, causes of

action, actions, suits, demands, costs and expenses (including, without limitation, court

costs and reasonable attorneys’ fees) and judgments (collectively, “Claims”), of any

nature, kind or description of any person (including, without limitation, the employees of

the parties hereto and the employees of Railroad) or entity directly or indirectly arising

out of, resulting from, or related to (in whole or in part) (i) the use, occupancy or

presence of City, Contractor, or its subcontractors, employees or agents, in, on, or about

Railroad’s property pursuant to this Agreement; (ii) the performance or failure to perform

by Contractor, its subcontractors, employees, or agents, its work or any obligation under

this Agreement; or (iii) the sole or contributing acts or omissions of Contractor, its

subcontractors, employees, or agents, in, on, or about Railroad’s property pursuant to this

Agreement. Contractor’s duty to defend under the above indemnity provision includes,

without limitation, the obligation of Contractor to appear and defend in the name of

Railroad, any suits or actions brought against Railroad with respect to any such Claims,

and to pay and satisfy any final judgment that may be rendered against Railroad in any

such suit or action. THE LIABILITY AND DUTY TO DEFEND ASSUMED BY

CONTRACTOR UNDER THE ABOVE INDEMNITY PROVISION WILL NOT BE

AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE CLAIM WAS

OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILROAD,

ITS AGENTS, SERVANTS, EMPLOYEES, OR OTHERWISE, EXCEPT (I) TO THE

EXTENT THAT SUCH CLAIM WAS PROXIMATELY CAUSED BY THE ACTIVE

GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF RAILROAD OR ITS

EMPLOYEES, SERVANTS OR AGENTS, OR (II) FOR CLAIMS ARISING SOLELY

OUT OF THE NEGLIGENT ACTIONS OF RAILROAD OR ITS EMPLOYEES,

SERVANTS OR AGENTS.

9.2 If Contractor fails to indemnify, defend and hold Railroad harmless as provided in the

above indemnity provision, then to the extent allowed by law, the City shall indemnify, defend and hold

Railroad harmless under the above indemnity provision as if City were Contractor.

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SECTION 10. Effective Date.

The effective date of this Agreement (the "Effective Date") shall be the latter date of execution

of either the Railroad or the City as shown on the execution page of this Agreement.

SECTION 11. Termination.

11.1 The City may terminate this Agreement at any time prior to the City executing a

construction contract with the Contractor. Notice of termination must be made in writing by the City to

the Railroad and specify the reason for termination. In the event this Agreement is terminated by the

City, the City shall pay to the Railroad all actual eligible costs as set forth in this Agreement incurred by

the Railroad prior to the termination date including, without limitation, all reviews and preparation of

preliminary engineering costs.

11.2 Unless an extension is approved by the Railroad, the Railroad, if it so elects, may

terminate this Agreement effective upon delivery of written notice to the City (a) in the event the City

does not commence construction on State Project No. URB-6217(4) within twelve (12) months from the

Effective Date of this Agreement, or from the date that the Railroad has executed this Agreement and

returned it to the City for its execution, whichever is applicable or (b) a default of this Agreement by the

City, or the State on behalf of the City.

SECTION 12. Successors and Assigns.

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their

respective successors and assigns.

SECTION 13. Future Projects.

Future projects involving substantial maintenance, repair, reconstruction, renewal and/or

demolition of the Structure shall not commence until Railroad and City agree on the plans for such

future projects, cost allocations, right of entry terms and conditions and temporary construction rights,

terms and conditions.

SECTION 14. Modification – Entire Agreement.

No waiver, modification or amendment of this Agreement shall be of any force or effect unless

made in writing, signed by City, the State and Railroad and specifying with particularity the nature and

extent of such waiver, modification or amendment. Any waiver by Railroad of any default by City, or

the State on behalf of the City, shall not affect or impair any right arising from any subsequent default.

This Agreement (including the exhibits attached hereto and made a part hereof) constitute the entire

understanding between City, the State and Railroad with respect to the Structure and the Project, and

cancels and supersedes any prior negotiations, understandings or agreements (including the Original

Agreements), whether written or oral with respect thereto. To the extent that there is any conflict

between the terms and conditions of the Original Agreements and this Agreement (including the exhibits

attached hereto and made a part hereof) with respect to the Structure and the Project, the terms and

conditions of this Agreement shall control.

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IN WITNESS WHEREOF, the Railroad, the City and the State have caused this Agreement to be duly

executed by their proper and authorized personnel as of the dates indicated below.

EXECUTED by the Railroad this _________________day of ____________, 2018.

UNION PACIFIC RAIL ROAD

COMPANY

a Delaware corporation

By: ___________________________

Title:

EXECUTED by the City this ____________________ day of ________________, 2018

CITY of NEBRASKA CITY

By:_____________________________

EXECUTED by the State this ____________________day of _______________, 2018.

STATE OF NEBRASKA,

DEPARTMENT OF TRANSPORTATION

By: ____________________________

Abe Anshasi, P.E.

Rail and Public Transportation Engineer

Acknowledgement

STATE OF NEBRASKA )

) ss.

COUNTY OF LANCASTER )

The foregoing instrument was acknowledged before me this _____ day of ___________, 2018, by

Abe Anshasi, Rail and Public Transportation Engineer for the State of Nebraska, Department of

Transportation.

____________________________________________

Notary Public

(Seal)

65

EXHIBIT A

Exhibit A shall be a print showing the temporary construction easement needed by the City.

70

EXHIBIT B-1

Exhibit B will be a legal description of the Temporary Easement Property.

EXHIBIT C

Exhibit C will be the Plans of the Structure.

1

EXHIBIT D-1

State Project No.: URB-6217(4)

State Control No.: 13159

UPRR Folder No.:

Location: 4th Corso Viaduct Nebraska City

Parcel No.:

County: Otoe

TEMPORARY CONSTRUCTION EASEMENT

UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Grantor"), for and in

consideration of the sum of One Thousand Five Hundred Sixty Dollars ($1,560), to be paid by the CITY OF

NEBRASKA CITY, NEBRASKA ("Grantee"), for a federal-aid project administered by the Nebraska

Department of Transportation, the receipt of which is hereby acknowledged, and the promises of the Grantee

hereinafter specified, does hereby grant TEMPORARY CONSTRUCTION RIGHTS to the Grantee upon, along

and across the property located in Otoe County, Nebraska that is shown on Exhibit A, hereto attached and hereby

made a part hereof (the “Property”), with such temporary construction rights commencing on the date of this

Agreement and continuing for twenty-four (24) months or until Grantee has completed its Project No. URB-

6217(4) whichever occurs earlier for the sole purpose of Grantee performing the Project work that is set forth in

the separate Agreement – Removal and Replacement of Existing Viaduct – Union Pacific Railroad Company

among the State of Nebraska, Department of Transportation, the Grantor and Grantee dated ___________ (the

“Construction Agreement”). The Grantee shall notify the Grantor when work has been completed and that the

Property is no longer needed by the Grantee for temporary construction purposes.

1. In its use of the Property, the Grantee and the Contractor (as defined in the Construction

Agreement) shall comply with all of the terms and conditions contained in the Construction Agreement, and the

terms and conditions of the Construction Agreement shall also apply to this Temporary Construction Easement.

2. RESERVING, however, unto Grantor, its successors and assigns, the right to construct at any and

all times and to maintain railroad tracks, fiber optic, telephone and other communication lines, electric wires, and

pipelines, and their appurtenances, upon, over, under and across the Property, and to grant such rights to third

parties, but in such a way as to not unreasonably interfere with Grantee’s use of the Property for the purposes

specified in this Temporary Construction Easement; it being understood that the rights so reserved unto Grantor,

its successors and assigns, are retained along with the general right of Grantor, its successors and assigns, to the

use of the Property for any purpose not inconsistent with Grantee’s use of the Property for the purposes herein

defined. Grantee acknowledges that this Temporary Construction Easement is subject to the terms and conditions

of the federal grant under which Grantor acquired its interest in the Property.

3. This grant of Temporary Construction Easement is made SUBJECT to all outstanding leases,

licenses and other outstanding rights, including, but not limited to, those for pipe, telephone, electric and fiber

optic lines and the right of renewals and extensions of the same, and subject also to all conditions, limitations,

restrictions, encumbrances, reservations or interests of any person or entity which may affect the Property,

whether recorded or unrecorded.

4. The Temporary Construction Easement herein granted is also limited to such rights as Grantor

may have in the Property and is granted without warranty, express or implied. No damages shall be recoverable

from Grantor because of any dispossession of Grantee or because of failure of, or defect in, Grantor’s title.

5. Grantee covenants to maintain the Property in good repair so that no damage will result from its

use to the adjacent land of Grantor, its successors and assigns. Grantee covenants that its use of the rights granted

herein will not interfere with the railroad operations of Grantor, its successors and assigns.

IN WITNESS WHEREOF, Grantor and Grantee have caused this Temporary Construction

Easement to be duly executed as of the _______ day of ____________, 20_____.

ATTEST: UNION PACIFIC RAILROAD COMPANY

a Delaware corporation

_________________________ By: ______________________________

Assistant Secretary Title:

(Seal)

ATTEST: CITY OF NEBRASKA CITY

_______________________ __________________________________

THE STATE OF NEBRASKA,

DEPARTMENT OF TRANSPORTATION

By: ___________________________________

Rail and Public Transportation Engineer

1

EXHIBIT A

TO

TEMPORARY CONSTRUCTION EASEMENT

Exhibit A will be the City’s or the Railroad’s print showing the temporary construction area to be used

by the City, and also the legal description describing the temporary construction area.

1

EXHIBIT E

SPECIAL PROVISIONS RELATING

TO WORK ON UNION PACIFIC RAILROAD’S PROPERTY

For purposes of these special provisions, Union Pacific Railroad Company is referred to as “UPRR” and

the term “Contractor” shall mean the contractor or contractors hired by the City, or the State on behalf of

the City, to perform any Project work on any portion of UPRR’s property and shall also include the

Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and

agents.

UPRR shall provide an inspector or inspectors for any direct labor work undertaken by UPRR, the

State, on behalf of the City, or Contractor on or in connection with the Project as a Project expense.

I. RAILROAD SAFETY TRAINING

A. UPRR requires that anyone working within 25ft of any track be trained in Federal Railroad

Administration (FRA) Roadway Worker Protection. This training is available from

contractororientation.com. UPRR requires such training per 49 CFR 214.343.

B. UPRR requires that anyone working on UPRR property, although greater than 25ft from the

track, be trained on the minimum UPRR safety requirements.

C. The Contractor, or its agents or representatives, will not be allowed on UPRR railroad right-

of-way until it has successfully completed the mandatory safety training as outlined above. The

Contractor must furnish employees with documentation that they have completed the required regulatory

and UPRR safety training. This can be accomplished by issuing cards showing the employee’s training,

issuing lists of employees who have completed specific training or by having available, at the job site,

other forms of documentation.

D. The Contractor will be responsible for all costs associated with attending each training

class.

II. FLAGGING PROTECTION

A. The Contractor shall notify UPRR’s Manager of Track Maintenance, John Moralez, 1400

Utah, Atchison, KS 66002, (620) 309-1854 at least fifteen (15) working days in advance of the

Contractor’s commencement of work and at least thirty (30) working days in advance of proposed

performance of any work by the Contractor in which any person or equipment will be within 25 feet of

any track, or will be near enough to any track that any equipment extension (such as, but not limited to,

a crane boom) can reach to within 25 feet of any track. This notice shall include the Project Number, the

Contractor’s name, date of flagging, location of flagging services to be provided, and an estimate of the

expected duration of flagging. No work of any kind shall be performed, and no person, equipment,

machinery, tools, materials or vehicles shall be located, operated, placed or stored within 25 feet of any

railroad track at anytime, for any reason, unless and until a flagger is provided. Upon receipt of such 30

working day notice, the Manager of Track Maintenance will determine and inform the Contractor

2

whether a flagger need be present and whether the Contractor need implement any special protective or

safety measures. If flagging or other special protective or safety measures are performed by UPRR,

such services will be provided at the Contractor’s expense with the understanding that if UPRR provides

any flagging or other services, the Contractor shall not be relieved of any of its responsibilities or

liabilities set forth herein.

B. For this project, Union Pacific is utilizing Contractor-in-Charge flagging (CIC). This means

that a third-party flagging firm will provide the flagger for the project. The billing for the flagger will

remain the same as outlined in Section III.A.

III. REIMBURSEMENT TO UPRR FOR FLAGGING COSTS

A. The Contractor shall promptly pay UPRR all charges connected with such flagging services

within thirty (30) calendar days after the Contractor's receipt of the monthly billing or final billing from

UPRR. The Contractor shall be required to notify the UPRR Manager of Track Maintenance described

in Paragraph A above at least five (5) working days prior to the termination of flagging needs or five (5)

working days prior to completion of the Contractor’s Project work, whichever is sooner. The Contractor

may request a final billing at this time. The Contractor shall inform the following UPRR Manager of

Industry & Public Projects person in writing, Kyle Nodgaard, 1400 Douglas, Omaha, NE 68179, (402)

544-2029 when the Project is complete. The State shall not make final payment to the Contractor until

UPRR has provided written notification to the State that the Contractor has paid UPRR in full for all

flagging or other protective services expenses that UPRR has billed to the Contractor in connection with

the Project. The Contractor is responsible for all flagger requests and payments on the Project. The

Contractor’s work may be suspended upon notice of non-compliance from UPRR until required flaggers

or other protective measures are in place. UPRR will notify the Contractor when non-compliance is

reported by UPRR train crews or other UPRR employees.

B. For this project, Union Pacific is utilizing Contractor-in-Charge flagging (CIC). This

means that Union Pacific will provide flagging through a third-party flagging firm. This firm is

RailPros. RailPros has a customer service number for flagging quotes and other inquiries; (877)315-

0513 or the Contractor may request information for a UP CIC by email to [email protected]. The

customer service team can be reached 7:00 a.m. to 7:00 p.m. Monday to Friday. The billing for the

flagger will remain the same as outlined in Section III.A.

In some cases RailPros Contractor in Charge (CIC) protection is limited to setting up and

removing flag protection during daylight hours. The total time available to the Contractor is the

time from sunrise to sunset less the time that is required to set the flags in place.

IV. PROTECTION OF UTILITIES

A. Before the Contractor begins its operations on UPRR right-of-way it shall confer with the

designated representatives of the State, City and UPRR with regard to any underground or overhead

utilities which may be on or in close proximity to the site of the work. The Contractor shall take such

measures as the State, City or UPRR may direct in protecting those utilities properly throughout the

period its construction operations are in progress. The party or parties owning or operating overhead or

underground utilities shall perform the actual work of moving, repairing, reconditioning or revising

those utilities, except as otherwise provided in the contract. Whenever and wherever such operations are

undertaken by owners of utilities, the Contractor shall cooperate to the extent that ample protection of its

mailto:[email protected]

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work will be provided so that the entire work that is contemplated in the contract may be expedited to

the best interests of all concerned, as judged by the engineer for the City.

B. The Contractor shall be responsible for any and all damages to utilities that are permitted to

remain in place, or to reconstructed utilities in the vicinity, which may be due either directly or

indirectly to its operations, and shall repair promptly any such damaged property to the satisfaction of

the City’s engineer and the owner of the property, or shall make payment to such owners for repairs as

may become necessary on account of damages that are due to its operations.

C. Direct payment for this work will not be made but it shall be considered that the protection

of the utilities is subsidiary to any or all of the items for which the contract provides that direct payment

shall be made.

D. The Contractor shall telephone UPRR during normal business hours (7:00 am to 9:00 pm,

Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day

number for emergency calls) to determine if fiber optic cable is buried anywhere on UPRR’s property to

be used by the Contractor. If there is fiber optic cable, the Contractor shall telephone the

telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable,

for relocation or other protection of the fiber optic cable. The Contractor shall not commence any work

until all such protection or relocation (if applicable) has been accomplished.

V. WRITTEN NOTICE TO UPRR

The Contractor shall give written notice to UPRR Manager of Industry & Public Projects, Kyle

Nodgaard, 1400 Douglas Street, Omaha, NE 68179 (402) 544-2029 or to his authorized representative,

at least fifteen (15) days in advance of the date on which it expects to begin any work under or adjacent

to any of the tracks of UPRR or it expects to begin any construction work on the right of way of UPRR.

The Contractor shall also give written notice to such UPRR Manager of Industry and Public Projects, no

later than fifteen (15) days after completion of all work on UPRR’s right of way.

VI. BRIDGE REMOVAL PLANS

A. If any existing bridge or portion thereof, needs to be demolished and removed, the

Contractor, at its expense, shall submit to UPRR a PDF file of the Bridge Removal Plan. The Bridge

Removal Plan shall include details, procedures and the sequence of staged removal of the bridge,

including all steps necessary to remove the bridge in a safe and controlled manner. The pdf shall be

formatted to reproduce legibly on 11”x17” sheets.

B. The Contractor shall submit to UPRR: a PDF file of the Contractor’s Bridge Removal Plan

for review and comments. The Bridge Removal Plan shall be sealed by a Civil or Structural Engineer

registered in the State of Nebraska. A minimum of thirty (30) days shall be allowed for UPRR’s review

after the complete submittal is received and approved by UPRR. The Contractor shall not perform any

bridge removal work until it has received written approval from UPRR of the Contractor’s final Bridge

Removal Plan. The Bridge Removal Plan and all demolition work shall conform to the requirements of

the “Guidelines for Preparation of a Bridge Demolition and Removal Plan for Structures over Railroad”

(Attachment E1) and “Guidelines for Temporary Shoring” (Attachment E2).

VII. PROTECTION OF PROPERTY

4

A. The Contractor shall use the utmost care to guard against accidents or cause the least

possible interference with the operation of trains of UPRR and the telephone, telegraph or signal lines of

UPRR or of any tenant of UPRR's right-of-way. The Contractor shall use the utmost care in guarding

against injury to underground and overhead public utilities and services at or near the site of the work.

B. All work to be done under this contract shall be handled by the Contractor so as to not

interfere with the use of tracks, wires, signals and property of UPRR or its tenants, and the underground

or overhead services of public and private utilities, and the Contractor shall be responsible for any

damages which may be sustained by UPRR, its tenants, employees, passengers or freight in its care, or

by the owners of any public or private overhead or underground services caused by such interference

which could have been avoided by the proper handling of said work. The Contractor shall discontinue

immediately, upon request of the engineer or UPRR representative, any practices or actions which, in

the opinion of the engineer or UPRR representative, are unsafe or cause damage to underground or

overhead services of public or private utilities, or which might result in delays to trains, engines or cars,

or damage to tracks, roadbed, telephone, telegraph or signal wires.

C. The Contractor shall take all precautions for the purposes of protecting the embankment of

all railroad tracks as may be determined necessary by the authorized representative of UPRR. The

Contractor shall affix the seal of a registered professional engineer licensed to practice in the State of

Nebraska on all plans and calculations pertaining to details for sheeting or otherwise protecting

excavations next to or adjacent to railroad tracks if necessary and noted on the City's plans. The

Contractor also shall take all precautions for the protection of underground and overhead services either

public or private, as may be determined by the engineer.

D. The Contractor shall not place or permit to be placed, or remain, piles of material or other

temporary obstructions closer than 15 feet (4.57 meters) to the centerline of the nearest construction

forms and scaffolding track or closer than 21 feet 6 inches (6.55 meters) above the top of any rail of any

track.

E. Any changes necessary in the clearance set forth above shall be made only by special

arrangements with the UPRR Manager Industry and Public Projects that is named in Section V above.

VIII. UPRR CROSSINGS

A. The Contractor shall use only public roadways, or approved temporary crossings that are

specifically shown on the plans, to cross railroad tracks. Every attempt should be made to use public

roadways. If the Contractor should require a temporary crossing for construction purposes at a location

other than an existing public crossing, provisions for such crossing shall be negotiated with UPRR by

the Contractor, and all costs for such crossing shall be borne by the Contractor. It is not guaranteed that

UPRR will grant a temporary crossing. The requirements of these special provisions shall apply, and all

costs for such crossing, shall be borne by the Contractor.

B. Prospective bidders should familiarize themselves with UPRR temporary crossing and

insurance requirements before bidding on the work.

IX. INSPECTION

Subsection 105.09 in the Standard Specifications is amended to provide also that the work shall

be subject to the inspection of the properly authorized representatives of UPRR and that such inspection

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shall in no manner make UPRR a party to this contract and will in no manner interfere with the rights of

either party hereunder.

1. INDEMNITY

A. The City, or the State on behalf of the City, agrees to insert the following provision in

any contract in which the Contractor will have access to UPRR’s property:

To the extent allowed by law, Contractor hereby releases and shall indemnify, defend and

hold harmless UPRR, its affiliated companies, partners, successors, assigns, legal

representatives, officers, directors, shareholders, employees and agents for, from and

against any and all claims, liabilities, fines, penalties, damages, losses, liens, causes of

action, actions, suits, demands, costs and expenses (including, without limitation, court

costs and reasonable attorneys’ fees) and judgments (collectively, “Claims”), of any

nature, kind or description of any person (including, without limitation, the employees of

the parties hereto and the employees of UPRR) or entity directly or indirectly arising out

of, resulting from, or related to (in whole or in part) (i) the use, occupancy or presence of

City, Contractor, or its subcontractors, employees or agents, in, on, or about UPRR’s

property pursuant to this Agreement; (ii) the performance or failure to perform by

Contractor, its subcontractors, employees, or agents, its work or any obligation under this

Agreement; or (iii) the sole or contributing acts or omissions of Contractor, its

subcontractors, employees, or agents, in, on, or about UPRR’s property pursuant to this

Agreement. Contractor’s duty to defend under the above indemnity provision includes,

without limitation, the obligation of Contractor to appear and defend in the name of

UPRR, any suits or actions brought against UPRR with respect to any such Claims, and

to pay and satisfy any final judgment that may be rendered against UPRR in any such suit

or action. THE LIABILITY AND DUTY TO DEFEND ASSUMED BY CONTRACTOR

UNDER THE ABOVE INDEMNITY PROVISION WILL NOT BE AFFECTED BY

THE FACT, IF IT IS A FACT, THAT THE CLAIM WAS OCCASIONED BY OR

CONTRIBUTED TO BY THE NEGLIGENCE OF UPRR, ITS AGENTS, SERVANTS,

EMPLOYEES, OR OTHERWISE, EXCEPT (I) TO THE EXTENT THAT SUCH CLAIM

WAS PROXIMATELY CAUSED BY THE ACTIVE GROSS NEGLIGENCE OR

INTENTIONAL MISCONDUCT OF UPRR OR ITS EMPLOYEES, SERVANTS OR

AGENTS, OR (II) FOR CLAIMS ARISING SOLELY OUT OF THE NEGLIGENT

ACTIONS OF UPRR OR ITS EMPLOYEES, SERVANTS OR AGENTS.

B. If Contractor fails to indemnify, defend and hold UPRR harmless as provided in the

above indemnity provision, then to the extent allowed by law, the City shall indemnify, defend and hold

UPRR harmless under the above indemnity provision as if City were Contractor.

XI. INSURANCE

The Contractor shall carry the following insurance coverage:

A. Commercial General Liability insurance. This insurance shall contain broad form contractual

liability with a single limit of at least $3,000,000 each occurrence or claim and an aggregate limit of at

least $4,000,000. Coverage must be purchased on ISO occurrence form CG 00 01 12 04 (or a substitute

form providing equivalent coverage), including but not limited to coverage for the following:

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Bodily injury including death and personal injury

Property damage

Fire legal liability

Products and completed operations

The policy shall also contain the following endorsements which shall be indicated on the certificate of

insurance: The exclusions for railroads (except where the Job Site is more than fifty feet (50') from any

railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals,

underpasses or crossings), and explosion, collapse and underground hazard shall be

removed.

Waiver of subrogation

B. Business Automobile Coverage insurance. This insurance shall contain a combined single limit

of at least $3,000,000 per occurrence or claim, and must be purchased on ISO form CA 00 01 (or

substitute form providing equivalent coverage), including but not limited to coverage for the

following:

Bodily injury and property damage

Any and all motor vehicles including owned, hired and non-owned

The policy shall also contain the following endorsements which shall be indicated on the certificate of

insurance: The exclusions for railroads (except where the Job Site is more than fifty feet (50') from any

railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals,

underpasses or crossings), and explosion, collapse and underground hazard shall be

removed.

Motor Carrier Act Endorsement- Hazardous materials clean up (MCS-90) if required by

law.

C. Workers Compensation and Employers Liability insurance including but not limited to:

Contractor's statutory liability under the workers' compensation laws of the State of

Nebraska

Employers' Liability (Part B) with limits of at least

$500,000 each accident, $500,000 disease policy limit

$500,000 each employee

If rules and regulations issued by the State of Nebraska require the contractor to participate in the State’s

Worker’s Compensation fund and if Workers Compensation insurance will not cover the liability of

Contractor, Contractor shall comply with such rules and regulations. If Contractor is self-insured,

evidence of State approval must be provided along with evidence of excess Workers Compensation

coverage. Coverage shall include liability arising out of the U. S. Longshoremen's and Harbor Workers'

Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.

The policy shall also contain the following endorsement which shall be indicated on the certificate of

insurance: Alternate Employer Endorsement

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D. Umbrella or Excess Policies In the event Contractor utilizes umbrella or excess policies, these

policies shall “follow form” and afford no less coverage than the primary policy.

E. Railroad Protective Liability insurance naming only UPRR as the insured with a combined

single limit of $2,000,000 per occurrence with a $6,000,000 aggregate. The policy shall be purchased

on ISO Form CG 00 35 12 04 (or a similar form providing equivalent coverage). A binder stating the

policy is in place must be submitted to UPRR until the original policy is forwarded to UPRR.

Other Requirements

F. Punitive damage exclusion must be deleted, which deletion shall be indicated on the certificate

of insurance.

G. Contractor agrees to waive its right of recovery, and its insurers, through policy endorsement,

agree to waive their right of subrogation against UPRR. Contractor further waives its right of recovery,

and its insurers also waive their right of subrogation against UPRR for loss of its owned or leased

property or property under its care, custody and control. Contractor’s insurance shall be primary over

any insurance carried by UPRR, other than a Railroad Protective Liability Policy. All waivers of

subrogation shall be indicated on the certificate of insurance.

H. All policy(ies) required above (excluding Workers Compensation) shall provide severability of

interests. Severability of interest and naming UPRR as an additional insured shall be indicated on the

certificate of insurance. The coverage provided to UPRR as additional insured shall provide coverage

for UPRR’s negligence, except for UPRR’s sole negligence, and shall not be limited by Contractor’s

liability under the indemnity provisions of this Agreement. Contractor shall be responsible for the acts

and omissions of all subcontractors. Before Contractor commences any work, the Contractor shall,

except to the extent prohibited by law: (1) require each of its subcontractors to include the Contractor as

“Additional Insured” in the subcontractors Commercial General Liability policy and Business

Automobile policies with respect to all liabilities arising out of the subcontractor’s performance of work

on behalf of the Contractor. (2) Contractor shall require each of its subcontractors to endorse their

Commercial General Liability Policy with “Contractual Liability Railroads: ISO Form CG 24 17 10 01

(or substitute form providing equivalent coverage) for the job site; and (3) require each of its

subcontractors to endorse their Business Automobile Policy with “Coverage For Certain Operations In

Connection With Railroads” ISO form CA 20 70 10 01 (or a substitute form providing equivalent

coverage) for the job site.

I. Prior to commencing any Project work, Contractor shall furnish to UPRR original certificates of

insurance evidencing the required coverage, endorsements and amendments. The certificate(s) shall

contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify UPRR in

writing of any cancellation or material alteration. Upon request from UPRR, a certified duplicate

original of any required policy shall be furnished.

J. Any insurance policy shall be written by a reputable insurance company acceptable to UPRR or

with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business

in the State of Nebraska.

K. Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractor's

insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage

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required by this Agreement and acknowledges that Contractor’s insurance shall be primary over any

insurance carried by UPRR, other than a Railroad Protective Liability Policy.

L. The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the

liability of Contractor, including, without limitation, liability under the indemnity provisions of this

Agreement. Damages recoverable by UPRR shall not be limited by the amount of the required

insurance coverage.

XII. ADDITIONAL RIGHT OF WAY

The City right of way plans show the permanent and temporary easements acquired or to be

acquired by the City for this Project. Any additional land or easements that the Contractor may desire

for the construction of the Project, shall be provided by the Contractor at its own expense.

XIII. RESTORATION OF UPRR PROPERTY

In the event the Contractor shall in any manner move or disturb other property of UPRR, in

connection with the use of the said property, then, and in that event, the Contractor shall, as soon as

possible and at its sole expense, restore such property to the same condition as it was in before such

property was moved or disturbed.

XIV. FINAL CLEAN UP

In addition to Subsection 104.08 in the Standard Specifications, the Contractor, upon the

completion of the work contemplated in this contract, shall remove all machinery, equipment, surplus

materials, falsework, rubbish, ditches, and temporary building, furnished or erected by him from within

the limits of the right of way of UPRR and shall leave the said right of way in a condition acceptable to

UPRR’s Manager of Track Maintenance, or his authorized representative.

Nebraska City




EXHIBIT F

NONDISCRIMINATION CLAUSES

During the performance of this contract, the contractor, for itself, its assignees and successors in interest

(hereinafter referred to as the “Contractor”), agrees as follows:

(1) Compliance with Regulations: The Contractor will 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 contract.

(2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to

completion of the contract work, will not discriminate on the basis of disability, race, color, sex,

religion or national origin in the selection and retention of subcontractors, procurements of

materials and leases of equipment. The contractor will 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 Subcontractors, Including Procurements of Materials and Equipment: In all

solicitations either by competitive bidding or negotiation made by the contractor for work to be

performed under a subcontract, including procurements of materials or equipment, each potential

subcontractor or supplier shall be notified by the contractor of the contractor’s obligations under

this contract and the Regulations relative to nondiscrimination on the ground of handicap, race,

color or national origin.

(4) Information and Reports: The contractor will provide all information and reports required by the

Regulations, or orders and instruction 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 other

sources of information, and its facilities as may be determined by the State Highway Department or

the Federal Highway Administration 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 refuse to furnish this information, the contractor shall so certify

to the State Highway Department, or the Federal Highway Administration as appropriate, and shall

set forth what efforts it has made to obtain the information.

(5) Sanctions for Noncompliance: In the event of the contractor’s noncompliance with the

nondiscrimination provisions of the contract, the State Highway Department shall impose such

contract sanctions as it or the Federal Highway Administration may determine to be appropriate,

including but not limited to,

(a) withholding of payments to the contractor under the contract until the contractor complies,

and/or

(b) cancellation, termination or suspension of the contract, in whole or in part.

(6) Incorporation of Provisions: The contractor will 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 instruction issued pursuant thereto. The contractor will take such

Nebraska City




action with respect to any subcontract or procurement as the State Highway Department or the

Federal Highway Administration 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

contractor may request the State to enter into such litigation to protect the interest of the State, and

in addition, the contractor may request the United States to enter into such litigation to protect the

interest of the United States.

EXHIBIT G

If applicable, Exhibit G will be the Railroad’s Material and Force Account Estimate.

Nebraska City




Nebraska City




ORDINANCE NO. 3002-18

AN ORDINANCE DIRECTING THE CONVEYANCE OF CERTAIN REAL

ESTATE WITHIN THE CITY OF NEBRASKA CITY, OTOE COUNTY,

NEBRASKA, AS DESCRIBED IN SECTION 1 HEREOF, TO BARTLETT GRAIN

COMPANY, L.P.; DIRECTING NOTICE OF CONVEYANCE BY PUBLICATION;

AND TO PROVIDE FOR AN EFFECTIVE DATE.

WHEREAS, on May 15, 1959, the City of Nebraska City passed Ordinance Nos. 1042 and 1044

vacating certain real estate and directing the sale and conveyance of additional real estate to High Plains

Grain Company to allow it sufficient space to erect two gain bins in the City;

WHEREAS, BARTLETT GRAIN COMPANY, L.P. is the successor in interest to High Plains

Grain Company and is current owner of the grain bins thereon erected. It is seeking to sell the bins and real

estate to a third-party; however, the City’s current ownership interest in the real estate is not clear because

there is no deed of record conveying this real estate from the City to High Plains Grain Company.

Therefore the Mayor and City Commissioners of the City of Nebraska City, Nebraska, have approved said

conveyance for the consideration hereinafter stated:

NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSIONERS OF

THE CITY OF NEBRASKA CITY, NEBRASKA:

Section 1. That the City of Nebraska City does hereby quitclaim its interest to Bartlett Grain

Company, L.P., for the correction of the 1959 real estate transaction and consideration of all expenses

involved in this conveyance, including legal expenses, filing fees, and subject to existing taxes and special

assessments, if any, the following described property:

A tract of land located in Blocks 181 and 182 and the Vacated Right-of-Way of Second

Avenue between Block 181 and 182, Nebraska City Proper, Otoe County, Nebraska, being

more particularly described as follows:

Commencing at the Southwest Corner of Block 181, Nebraska City Proper, thence

S88˚56’38”E and along the south line of said Block 181 a distance of 18.00 feet; thence

N45˚11’41”E a distance of 86.21 feet; thence S34˚08’09”E a distance of 92.10 feet; thence

S26˚09’39”E a distance of 173.13 feet; thence S39˚50’20”W a distance of 90.00 feet; thence

N12˚38’57”W a distance of 244.47 feet to a point on the south line of said Block 181;

thence N88˚56’38”W and along the south line of said Block 181 a distance of 78.00 feet to

the Point of Beginning, containing 0.33 acres;

and the Mayor is hereby directed to execute and acknowledge for and in the name of the City of Nebraska

City, a quitclaim deed conveying the City’s interest in said real estate, if any, to Bartlett Grain Company,

L.P.

Section 2. The Mayor and City Clerk-Treasurer are hereby directed to deliver said quitclaim deed

to Bartlett Grain Company, L.P. immediately after the passage of this ordinance as the remonstrance period

passed without objection.

This ordinance shall take effect and be in force from and after its passage, approval and publication

in pamphlet form.

Nebraska City




PASSED and APPROVED this 2nd

day of January, 2018.

_______________________________________

Bryan Bequette, Mayor

Attest:

______________________________________

Randy Dunster, City Clerk-Treasurer

Nebraska City




RETURN TO: Randy Dunster, Clerk-Treasurer, 1409 Central Ave, Nebraska City, NE 68410

QUITCLAIM DEED

THE CITY OF NEBRASKA CITY, OTOE COUNTY, NEBRASKA, herein called the Grantor,

consideration for which is hereby acknowledged, and pursuant to Ordinance No. 3002-18, quitclaims and

conveys to Bartlett Grain Company, L.P., Grantee, the following described real estate (see Neb. Rev. Stat.

§76-201) in Otoe County, Nebraska:

A tract of land located in Blocks 181 and 182 and the Vacated Right-of-Way of Second

Avenue between Block 181 and 182, Nebraska City Proper, Otoe County, Nebraska, being

more particularly described as follows:

Commencing at the Southwest Corner of Block 181, Nebraska City Proper, thence

S88˚56’38”E and along the south line of said Block 181 a distance of 18.00 feet; thence

N45˚11’41”E a distance of 86.21 feet; thence S34˚08’09”E a distance of 92.10 feet; thence

S26˚09’39”E a distance of 173.13 feet; thence S39˚50’20”W a distance of 90.00 feet; thence

N12˚38’57”W a distance of 244.47 feet to a point on the south line of said Block 181;

thence N88˚56’38”W and along the south line of said Block 181 a distance of 78.00 feet to

the Point of Beginning, containing 0.33 acres.

EXECUTED: ___________________, 2018.

City of Nebraska City, Nebraska

_____________________________

Bryan Bequette, Mayor

ATTEST:

_______________________________ seal:

Randy Dunster, Clerk-Treasurer

City of Nebraska City

Nebraska City




A G E N D A - Nebraska City, Nebraska · A-1 Locksmith Rep/Maint 376.50 Mercer's Do-It-Best Propane...

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