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RES 2008-0528 - Agmt with NE game and parks commission for Pawnee wetland sediment control structure • ri MAHA,N L, L ! W d F O Fg s Work Department Public D artment CV 3 Omaha Dou 1 5 Civic Center ® rg —i April 15, 2008 1819 Farnam Street,Suite 601 Omaha,Nebraska 68183 0601 .4b CITY CLERK (402)444-5220 rB � D FeBR.,t (A t,H,A, d E V.Y O:A Fax(402)444-5248 City of Omaha Robert G.Stubbe,P.E. Mike Fahey,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving an Agreement between the Nebraska Game and Parks Commission and the City of Omaha for the design and construction of the Pawnee Wetland Sediment Control Structure located upstream of Cunningham Lake in Township 12 North, Range 12 East in Douglas County, Nebraska. The Nebraska Game and Parks Commission will be the lead agency on this project. The purpose of the Agreement is delineate the responsibilities of the two parties and for the City of Omaha to contribute $500,000.00 to the project, which will be paid from the Stormwater Management Plan Fund 12143, Stormwater Management Plan Organization 128026. The Public Works Department requests your consideration and approval of the attached Resolution. Respectfully submitted, Referred to City Council for Consideration: zi-o© V - 0.Y Robert G. Stubbe, P.E. Date Mayor's Office Date Public Works Director Approved as to Funding: Carol A. Ebdon foa$ Date Finance Director 1052hxf � 1, � � _ • INTERLOCAL AGREEMENT BETWEEN • THE NEBRASKA GAME AND PARKS COMMISSION AND • THE CITY OF OMAHA This Agreement is made and entered into this I day of °Pt.° , 2008, by and between the Nebraska Game and Parks Commission, hereinafter referred to as the "Commission", and the City of Omaha, hereinafter referred to as the "City". WHEREAS,the "Commission" is the sponsor of a construction project known as the Pawnee Wetland Sediment Control Structure, which will improve water quality for Cunningham Lake,and shall hereinafter be referred to as the"Project." Said Project is located in portions of section 3, 9, 10, 15, 16, 22 and 23, Township 16 north, Range 12 East, Douglas County,Nebraska. WHEREAS, the "City"and the "Commission"desire to cooperate in the design and construction of the Project, and WHEREAS, the Interlocal Cooperative Act Neb. Rev. Stat. 13-801 et. seq (Reissued 1997) permits units of local government in the State of Nebraska to cooperate with one another for the purpose of jointly exercising governmental authorities and responsibilities. NOW THEREFORE, in consideration of the mutual covenants herein contained,the "Commission"and "City" do hereby agree as follows with regard to the Project. • The Commission Will: • A. Provide the funds necessary to construct the Project. B. Furnish,through contract by an outside consultant,the survey work, the design work, plan preparation and the specifications for the Project. C. Acquire all permits necessary for the construction of the Project. D. Let, administrate, supervise, inspect and contract for the construction on the Project. E. Provide the"City" with invoices containing the name, address and social security number of federal tax identification number of the vendor and an itemized list of services or goods with costs and date of service or delivery. The City Will: A. Disburse to the"Commission" funding for a portion of the costs on the project. It is agreed that the said disbursement shall be no more than $500,000 during Fiscal Year 2008. The "City" shall make payment by May 1, 2008 and requires the "Commission" shall document that at least$500,000 of work has been completed by June 30,2008 and approved by the consulting engineers on the Project. NONDISCRIMINATION CLAUSE In connection with the carrying out of the activities provided herein,the "Commission"shall not discriminate against an employee or applicant for employment because of race, color, religion, sex, disability, national origin, age, marital status or receipt of public assistance. HOLD HARMLESS CLAUSE Each party agrees to indemnify and hold harmless to the fullest extent allowed by law,the other party from and against any and all claims, damages, losses and expenses(including attorney's fees) arising out of or resulting from its acts and the acts of its agents and employees in performance of this Agreement. Further, each party shall maintain a policy or policies of insurance sufficient in coverage and amount to pay any judgments or related expenses resulting from or in conjunction with any such claims. Each party agrees that it will be responsible for its own acts and omissions and the results of its own acts and omissions, and shall not be responsible for the acts and omissions of the other party. The parties agree to assume all risk and liability for any injury to persons or property resulting in any manner from each party's own acts or omissions related to the Agreement, including acts or omissions by each party's own agents or employees related to this Agreement, including acts or omissions by each party's own agents or employees related to this Agreement. Liability includes any claims, damages, losses and expenses(including attorney's fees) arising out of or resulting from performance of this Agreement that results in any claim for damage whatsoever including any bodily injury, sickness, disease, property, including any resulting loss of use. INDEPENDENT CONTRACTOR CLAUSE It is the expressed intent of the parties that this Agreement shall not create an employer-employee relationship, and the contractor, subcontractor, or any employees or other persons acting on behalf of such contractor or subcontractor employed by any party in the performance of the Agreement, shall be deemed to be independent contractor(s)during the entire term of this Agreement or any renewals thereof. It is agreed between the parties that the designated staff of each party shall at all times continue to be employees of such party for the duration of the Agreement and shall not be deemed employees of the other parties hereto. Any contractor, subcontractor or agent shall be responsible for all salary and benefits payable pursuant to the contractor's contract to perform the work contemplated by this Agreement and such contractor's employees shall not be entitled to any salary from any party hereto or to any benefits made to employees or any party hereto, including but not limited to, overtime, vacation, retirement benefits, worker's compensation sick leave or injury leave. Any such contractor shall also be responsible for maintaining worker's compensation insurance, unemployment insurance and any applicable malpractice insurance coverage for its employees, and for payment of all federal, state, local and any other payroll taxes with respect to the employee's compensation. INSURANCE CLAUSE The "Commission"will maintain a level of self insurance and, require its' contractors, • subcontractors and agents to maintain, insurance policies of the following types and with the following limits while engaged in the construction and/or maintenance of the project: Workers' Compensation Insurance The "Commission"will maintain a level of self insurance and its' contractors, subcontractors and agents shall purchase and maintain during the term of the Agreement Workers' Compensation Insurance fully insuring its' employees as required by law. Said insurance shall be obtained from an insurance company which is authorized to do business in the State of Nebraska. The "Commission"will • supply the "City" with a copy of its' authorization to self insure from the Nebraska Workers Compensation Court. Insurance coverage amounts required Coverage A Statutory Coverage B Bodily injury by accident $100,000 each accident Bodily injury by disease $500,000 policy limit Bodily injury by disease $100,000 each employee General Liability Insurance The"Commission" shall require its' contractors, subcontractors and agents to purchase and maintain during the terms of the Agreement General Liability Insurance naming and protecting them and the sponsor against claims for damages resulting from (1)bodily injury including wrongful death, (2) personal injury liability and (3) property damage which may arise from operations under this Agreement whether such operations be by the contractor, subcontractor, or any one directly employed by them. The minimum acceptable limits or liability to be provided by such insurance shall be as follows: Commercial general liability General aggregate $2,000,000 Products/completed operations aggregate $2,000,000 Personal/advertising injury $1,000,000 and one person Bodily injury/property damage $1,000,000 per occurrence Fire damage $50,000 per any one fire Medical payments $5,000 per any one person Commercial_automobile liability Bodily injury/property damage $1,000,000 combined single • limit Umbrella/exces3 liability over Primary insurance $1,000,000 per occurrence .Builder's Risk •100%of work completed values Neither the"Commission"nor its' contractors, subcontractors and agents shall commence work under this Agreement until it has obtained all insurance required under this section and has provided the "City" with a Certificate of Insurance showing the specific limits of insurance required by this section. The Certificate of Insurance must name the "City of Omaha"and the "U.S. Army Corps of engineers" as additional insureds. ASSIGNMENT • The "Commission"or the "City" shall not assign its duties and responsibilities under this Agreement without the express written permission of the other party. TERM OF AGREEMENT • The term of this Agreement shall be from the date of execution until December 31,2008. ll salary and benefits payable pursuant to the contractor's contract to perform the work contemplated by this Agreement and such contractor's employees shall not be entitled to any salary from any party hereto or to any benefits made to employees or any party hereto, including but not limited to, overtime, vacation, retirement benefits, worker's compensation sick leave or injury leave. Any such contractor shall also be responsible for maintaining worker's compensation insurance, unemployment insurance and any applicable malpractice insurance coverage for its employees, and for payment of all federal, state, local and any other payroll taxes with respect to the employee's compensation. INSURANCE CLAUSE The "Commission"will maintain a level of self insurance and, require its' contractors, • subcontractors and agents to maintain, insurance policies of the following types and with the following limits while engaged in the construction and/or maintenance of the project: Workers' Compensation Insurance The "Commission"will maintain a level of self insurance and its' contractors, subcontractors and agents shall purchase and maintain during the term of the Agreement Workers' Compensation Insurance fully insuring its' employees as required by law. Said insurance shall be obtained from an insurance company which is authorized to do business in the State of Nebraska. The "Commission"will IN WITNESS WHEREOF, the "City" and the "Commission" have caused these presents to be executed by their duly authorized officials as of the date indicated below: EXECUTED-by the "City"this /7 day of 4'''./ , 2008 Approved as to form this , day �/ . City of Omaha of 1---, 2008 )144%4orney for the City of Omaha Mayor for the City of maha EXECUTED by the "Commissioner"this Q! day of 4.44 , 2008 /gt Witn ss: Nebraska Game and Parks Commission f 41) ••• %.0— ' '`SI-e-4•,-- F.-0 Director, Nebraska Game and Parks Commission Appro ed as to form this / day of , 2008 ATTEST: At"4----. ,..61,11—raii.--t-- Division Admi strator for Nebr a - Game and Parks Commission AL%--------� '�'egooe C TY CLERK OF THE CITY OF OMAHA DieLE s or liability to be provided by such insurance shall be as follows: Commercial general liability General aggregate $2,000,000 Products/completed operations aggregate $2,000,000 Personal/advertising injury $1,000,000 and one person Bodily injury/property damage $1,000,000 per occurrence Fire damage $50,000 per any one fire Medical payments $5,000 per any one person Commercial_automobile liability Bodily injury/property damage $1,000,000 combined single • limit Umbrella/exces3 liability over Primary insurance $1,000,000 per occurrence .Builder's Risk •100%of work completed values Neither the"Commission"nor its' contractors, subcontractors and agents shall commence work under this Agreement until it has obtained all insurance required under this section and has provided the "City" with a Certificate of Insurance showing the specific limits of insurance required by this section. The Certificate of Insurance must name the "City of Omaha"and the "U.S. Army Corps of engineers" as additional insureds. ASSIGNMENT • The "Commission"or the "City" shall not assign its duties and responsibilities under this Agreement without the express written permission of the other party. TERM OF AGREEMENT • The term of this Agreement shall be from the date of execution until December 31,2008. ll salary and benefits payable pursuant to the contractor's contract to perform the work contemplated by this Agreement and such contractor's employees shall not be entitled to any salary from any party hereto or to any benefits made to employees or any party hereto, including but not limited to, overtime, vacation, retirement benefits, worker's compensation sick leave or injury leave. Any such contractor shall also be responsible for maintaining worker's compensation insurance, unemployment insurance and any applicable malpractice insurance coverage for its employees, and for payment of all federal, state, local and any other payroll taxes with respect to the employee's compensation. INSURANCE CLAUSE The "Commission"will maintain a level of self insurance and, require its' contractors, • subcontractors and agents to maintain, insurance policies of the following types and with the following limits while engaged in the construction and/or maintenance of the project: Workers' Compensation Insurance The "Commission"will maintain a level of self insurance and its' contractors, subcontractors and agents shall purchase and maintain during the term of the Agreement Workers' Compensation Insurance fully insuring its' employees as required by law. Said insurance shall be obtained from an insurance company which is authorized to do business in the State of Nebraska. The "Commission"will c-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha and the Nebraska Game and Parks Commission ("Commission") desire to enter into an agreement for the construction of the Pawnee Wetland Sediment Control Structure located upstream of Cunningham Lake in Township 12-North,'Range 12 East in Douglas County, Nebraska; and, WHEREAS, the "Commission" is the sponsor for this project and the City of Omaha and the "Commission" wish to enter into an agreement, which by this reference is made part hereof, for the purpose of cooperating on the design and construction of the project; and, WHEREAS, the "Commission" will be the lead agency on this project and the City of Omaha will contribute $500,000.00 to this project, in accord with the terms of this agreement, which will be paid from the Stormwater Management Plan Fund 12143, Stormwater Management Plan Organization 128026. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Interlocal Agreement between the City of Omaha and the Nebraska.Game and Parks Commission for design and construction of the Pawnee Wetland Sediment Control Structure located upstream of Cunningham Lake in Township 12 North, Range 12 East in Douglas County,Nebraska, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the Nebraska Game and Parks Commission $500,000.00 for this project, from the Stormwater Management Plan Fund 12143, Stormwater Management Plan Organization 128026. 105 lhxf APPROVED AS TO FORM: CITY ATTORNEY DATE By io444,0(-( &)Councilmember Adopted '..Tt5... -,O City Clerk Approved. /0117 Mayor "City" with a Certificate of Insurance showing the specific limits of insurance required by this section. The Certificate of Insurance must name the "City of Omaha"and the "U.S. Army Corps of engineers" as additional insureds. ASSIGNMENT • The "Commission"or the "City" shall not assign its duties and responsibilities under this Agreement without the express written permission of the other party. TERM OF AGREEMENT • The term of this Agreement shall be from the date of execution until December 31,2008. ll salary and benefits payable pursuant to the contractor's contract to perform the work contemplated by this Agreement and such contractor's employees shall not be entitled to any salary from any party hereto or to any benefits made to employees or any party hereto, including but not limited to, overtime, vacation, retirement benefits, worker's compensation sick leave or injury leave. Any such contractor shall also be responsible for maintaining worker's compensation insurance, unemployment insurance and any applicable malpractice insurance coverage for its employees, and for payment of all federal, state, local and any other payroll taxes with respect to the employee's compensation. INSURANCE CLAUSE The "Commission"will maintain a level of self insurance and, require its' contractors, • subcontractors and agents to maintain, insurance policies of the following types and with the following limits while engaged in the construction and/or maintenance of the project: Workers' Compensation Insurance The "Commission"will maintain a level of self insurance and its' contractors, subcontractors and agents shall purchase and maintain during the term of the Agreement Workers' Compensation Insurance fully insuring its' employees as required by law. Said insurance shall be obtained from an insurance company which is authorized to do business in the State of Nebraska. The "Commission"will . ,,, . c7). g 43 'V. S g .(1) i 5 & P Da P 0 a ,,. 00 dO C P 5' & b e., P On 0 o b b"-' ' N E) o p CD stq n cn , z I CD CO . CD (... orp O O 0- 0 C cD cD 5:21- co a \ . 0 O ( • N'd � .Nt_g. o D CDo a'Z a • 0 c4 c OA O Q. NI ci, C Qt. k4 oa O pnwk • '-h0 p = , p � N 0 croC co ,-r CD O\ g P O (D �1 N g (� :.» A- ()�C 0 O 0 cr E. N w b .- 0 • • /• . . l '/ J _ �r U t I ment Plan Organization 128026. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Interlocal Agreement between the City of Omaha and the Nebraska.Game and Parks Commission for design and construction of the Pawnee Wetland Sediment Control Structure located upstream of Cunningham Lake in Township 12 North, Range 12 East in Douglas County,Nebraska, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the Nebraska Game and Parks Commission $500,000.00 for this project, from the Stormwater Management Plan Fund 12143, Stormwater Management Plan Organization 128026. 105 lhxf APPROVED AS TO FORM: CITY ATTORNEY DATE By io444,0(-( &)Councilmember Adopted '..Tt5... -,O City Clerk Approved. /0117 Mayor "City" with a Certificate of Insurance showing the specific limits of insurance required by this section. The Certificate of Insurance must name the "City of Omaha"and the "U.S. Army Corps of engineers" as additional insureds. ASSIGNMENT • The "Commission"or the "City" shall not assign its duties and responsibilities under this Agreement without the express written permission of the other party. TERM OF AGREEMENT • The term of this Agreement shall be from the date of execution until December 31,2008. ll salary and benefits payable pursuant to the contractor's contract to perform the work contemplated by this Agreement and such contractor's employees shall not be entitled to any salary from any party hereto or to any benefits made to employees or any party hereto, including but not limited to, overtime, vacation, retirement benefits, worker's compensation sick leave or injury leave. Any such contractor shall also be responsible for maintaining worker's compensation insurance, unemployment insurance and any applicable malpractice insurance coverage for its employees, and for payment of all federal, state, local and any other payroll taxes with respect to the employee's compensation. INSURANCE CLAUSE The "Commission"will maintain a level of self insurance and, require its' contractors, • subcontractors and agents to maintain, insurance policies of the following types and with the following limits while engaged in the construction and/or maintenance of the project: Workers' Compensation Insurance The "Commission"will maintain a level of self insurance and its' contractors, subcontractors and agents shall purchase and maintain during the term of the Agreement Workers' Compensation Insurance fully insuring its' employees as required by law. Said insurance shall be obtained from an insurance company which is authorized to do business in the State of Nebraska. The "Commission"will