RES 2012-0514 - Temp Use of HWY - Millard Days Parade as as special event August 25 2012 4'4
�
. RECEIVED Public Works Department
0.110-,a6,411111,77 "kCn.. *Is 1 Omaha/Douglas Civic Center
'`,,dirt ''t! , April 17, 2012
I. z + P 5: 0 9 1819 Farnam Street,Suite 601
o'E ' t+ t Omaha,Nebraska 68183-0601
AAo �ti CITY C Y CLERK
(402)444-5220
4TFD FEBR�r4 Fax(402)444-5248
OMAHACity of Omaha NEBRASU Robert G.Stubbe,P.E.
Jim Suttle,Mayor Public Works Director
Honorable President
and Members of the City Council,
The purpose of the attached Resolution is to notify the State of Nebraska that the City accepts the
duties imposed by Section 39-1359 R.R.S. Neb., as amended by Legislative Bill 589 and agrees
to indemnify and hold the State of Nebraska harmless against claims arising out of the temporary
use of State Highway 50 from "L" Street to "P" Street on August 25, 2012 between the hours of
11:00 a.m. and 1:15 p.m. for the Millard Days Parade.
The Millard Days Parade will be held solely within Omaha City Limits. This event is not
sponsored by the City; the event sponsor is the Millard Days Parade Committee. The Millard
Days Parade Committee has provided insurance coverage naming the City as an additional
insured to cover the statutory liability which the City agrees to accept by passage of this
Resoultion.
Your favorable consideration is requested.
Respectfully submitted, Referred to City Council for Consideration
R ert G. Stubbe, P.E. Date Mayor'sOffi e/Title Date
Pu lic Works Director
000812mpg
from 135th to Eldorado Dr, also known as City Project No. S.P. 2000-
14A, Federal Project No. MAPA-5001(19), is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay a.total maximum fee not to
exceed $29,200.00 from 2006 Transportation Bond, Fund 13182, 2011 Issue of 2006
Transportation Bond, Organization 117116.
APPROVED AS TO FORM
N/1077144
• "� Assistant City Attorney Date
By
ilmember
Adopted 0048tgp APR 1 7 2012 9-0
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Wort �'
\A
TY OF MERCHANTABILITY AND/OR FITNESS FOR A ..
PARTICULAR PURPOSE,ARE HEREBY DISCLAIMED. •
XVII. INDEMNIFICATION:Buyer shall comply and require its employees to comply with all instructions given by Parkson regarding
installation,use and maintenance of the Equipment sold by Parkson and shall require its employees to use reasonable care and all safety
devices in.the operation and maintenance of said Equipment.Buyer.shall not remove or permit removal or modification of any safety
device,warning sign or label.Buyer shall immediately give Parkson written notice of any personal injury or property damage arising out of
the use of the Equipment and cooperate with Parkson in investigating any such accident or malfunction.Buyer agrees to indemnify and
hold Parkson and its suppliers harmless from any and all claims,demands,liabilities,causes of action,suits,costs and expenses of any kind
and nature(including attomey's fees)for personal injury or property damage arising from or in any way connected with the operations,
activities or use of the Equipment sold by Parkson if Buyer fails to fulfill any of the foregoing obligations.Buyer agrees to indemnify and
hold Parkson and its suppliers harmless from any and all claims,demands,liabilities,causes of action,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
G25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the Millard Days Parade Committee (Shelly Uhing) desires to hold;a parade;called
the Millard Days Parade on August 25,2012,utilizing State Highway 50 from"L" Street to"P" Street.
WHEREAS,the entire route is within the city limits of the City of Omaha;and,
WHEREAS,the City is not a co-sponsor of such Millard Days Parade but officially designates on
behalf of the City of Omaha the Millard Days Parade as a special event under Legislative Bill 589 and NEB.REV.
STAT. §39-1359 R.R.S.2008;and,
WHEREAS, Section 39-1359 R.R.S. Neb. 2008 was amended on May 24, 2011, by Legislative
Bill 589 to provide that a temporary use of a state highway system, including full and partial lane restrictions, can be
made for a special event where the roadway is located in the zoning jurisdiction of a city,if such city through formal
action of its governing body acknowledges and accepts the duties set forth in subsection(2)of Section 39-1359 and
indemnifies and holds the State of Nebraska harmless against claims made arising out of the special event and
provides thirty(30)days advance notice to the State of Nebraska;and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OMAHA:
THAT, pursuant to Section 39-1359 R.R.S. Neb. 2008, as amended by Legislative Bill 589 on
May 24,2011,the City of Omaha officially designates the Millard Days Parade as a special event under LB 589 and
NEB.REV.STAT. §39-1359 R.R.S. 2008 and hereby notifies the State of Nebraska that it accepts the duties imposed
by such law, and, if a claim is made against the state, shall indemnify,defend, and hold harmless the State of
Nebraska from all claims, demands, actions, damages, and liability, including reasonable attorney's fees, that may
arise as a result of the special event and the temporary use of State Highway 50 from"L" Street to"P"Street within
Omaha City Limits on August 25, 2012, between the hours of 11:00 a.m. and 1:15 p.m., for the entire route of the
event,the Millard Days Parade.
000712mpg APPROVED AS TO FORM:
*CITY ATTORNEY DATE
By
cilmember
Adopted " APR 1 7 201
/,. . ... ity
May
0 ad en A' U3
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'-� � Rf 3 'nw O 'A Ov Ua ,
en \O \O co ❑ = b00 .
O °~� NNg Y �
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Y
Q)
i0 n1 4W
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V) 'n O C (Yl U M �1 N M O N M 7 �O N 00 D\ O N M N OO vl Q O
N t L — N N N 00 .-. ,-. M V) v1 V1 N N M M M M M M M M . . . . . . 4 . n V Vl
Wort �'
\A
TY OF MERCHANTABILITY AND/OR FITNESS FOR A ..
PARTICULAR PURPOSE,ARE HEREBY DISCLAIMED. •
XVII. INDEMNIFICATION:Buyer shall comply and require its employees to comply with all instructions given by Parkson regarding
installation,use and maintenance of the Equipment sold by Parkson and shall require its employees to use reasonable care and all safety
devices in.the operation and maintenance of said Equipment.Buyer.shall not remove or permit removal or modification of any safety
device,warning sign or label.Buyer shall immediately give Parkson written notice of any personal injury or property damage arising out of
the use of the Equipment and cooperate with Parkson in investigating any such accident or malfunction.Buyer agrees to indemnify and
hold Parkson and its suppliers harmless from any and all claims,demands,liabilities,causes of action,suits,costs and expenses of any kind
and nature(including attomey's fees)for personal injury or property damage arising from or in any way connected with the operations,
activities or use of the Equipment sold by Parkson if Buyer fails to fulfill any of the foregoing obligations.Buyer agrees to indemnify and
hold Parkson and its suppliers harmless from any and all claims,demands,liabilities,causes of action,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3
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its governing body acknowledges and accepts the duties set forth in subsection(2)of Section 39-1359 and
indemnifies and holds the State of Nebraska harmless against claims made arising out of the special event and
provides thirty(30)days advance notice to the State of Nebraska;and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OMAHA:
THAT, pursuant to Section 39-1359 R.R.S. Neb. 2008, as amended by Legislative Bill 589 on
May 24,2011,the City of Omaha officially designates the Millard Days Parade as a special event under LB 589 and
NEB.REV.STAT. §39-1359 R.R.S. 2008 and hereby notifies the State of Nebraska that it accepts the duties imposed
by such law, and, if a claim is made against the state, shall indemnify,defend, and hold harmless the State of
Nebraska from all claims, demands, actions, damages, and liability, including reasonable attorney's fees, that may
arise as a result of the special event and the temporary use of State Highway 50 from"L" Street to"P"Street within
Omaha City Limits on August 25, 2012, between the hours of 11:00 a.m. and 1:15 p.m., for the entire route of the
event,the Millard Days Parade.
000712mpg APPROVED AS TO FORM:
*CITY ATTORNEY DATE
By
cilmember
Adopted " APR 1 7 201
/,. . ... ity
May
0 ad en A' U3
) ° °a 0
Uxx Cl)°° ° a r,, . i
° 0 ° xx a
� ffa ° a Ua o
° t Uo b o 3 ".1W0 a,V) 0. a CC1 bUxA .c ) c ° -= o0 ' cW '
'-� � Rf 3 'nw O 'A Ov Ua ,
en \O \O co ❑ = b00 .
O °~� NNg Y �
0) . EAA A A . vC ^ 8c 24 pr a a)
N w cs. Ocncncnv� Wcn WO ZZoGCYP OOC7 ti •-, w .a00 0 ...4tioGv� � a •o w
Y
Q)
i0 n1 4W
U
V) 'n O C (Yl U M �1 N M O N M 7 �O N 00 D\ O N M N OO vl Q O
N t L — N N N 00 .-. ,-. M V) v1 V1 N N M M M M M M M M . . . . . . 4 . n V Vl
Wort �'
\A
TY OF MERCHANTABILITY AND/OR FITNESS FOR A ..
PARTICULAR PURPOSE,ARE HEREBY DISCLAIMED. •
XVII. INDEMNIFICATION:Buyer shall comply and require its employees to comply with all instructions given by Parkson regarding
installation,use and maintenance of the Equipment sold by Parkson and shall require its employees to use reasonable care and all safety
devices in.the operation and maintenance of said Equipment.Buyer.shall not remove or permit removal or modification of any safety
device,warning sign or label.Buyer shall immediately give Parkson written notice of any personal injury or property damage arising out of
the use of the Equipment and cooperate with Parkson in investigating any such accident or malfunction.Buyer agrees to indemnify and
hold Parkson and its suppliers harmless from any and all claims,demands,liabilities,causes of action,suits,costs and expenses of any kind
and nature(including attomey's fees)for personal injury or property damage arising from or in any way connected with the operations,
activities or use of the Equipment sold by Parkson if Buyer fails to fulfill any of the foregoing obligations.Buyer agrees to indemnify and
hold Parkson and its suppliers harmless from any and all claims,demands,liabilities,causes of action,suits,costs and expenses of any kind
or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the
• Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's
•
expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers
harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including
. attorney's fees) for loss or damage to persons or property, other than the Equipment sold hereby or Buyer's possession or use of said
• Equipment. .
XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished
design,design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions
between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied,unless otherwise agreed to in
• writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the
transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing
signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,
assignees,legal representatives and the project Owner for the project.referenced in the quotation. The invalidity or non-enforceability of
• any particular provision of this document shall not affect the other provisions hereof,and this document shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
•
• 4 of 4 CNF-010 Rev3
assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special,indirect,incidental or
consequential damages arising out of allegation of patent infringement.
XVI. MECHANICAL WARRANTY: For a period of one (1) year following.the Equipment shipment date ("Warranty Period"),
Parkson's Equipment is limitedly warranted to be free from defective material and workmanship,under normal use and service and when
installed,operated and maintained in accordance with installation instructions,this policy and maintenance/operating procedures.To make
claim under this Warranty,Buyer must notify Parkson within ten(10)business days after the date of discovery of any nonconformity and
•
3 of 4 CNF-010 Rev3.
e, including without limitation,steps
taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused •
by Buyer or its agents will not affect the Terms of Payment above.
•
1 of 4 CNF-010 • Rev3