RES 2016-0507 - Agmt with OPPD for OPW 52004 and 52454, removal and relocation of overhead transmission facilities ',<>41
F OMAHA,NF9
�._ Public Works Department
�� °q
-.« iti-� ^1 April 19, 2016 Omaha/Douglas Civic Center
teip " ff nr^a 1819 Farnam Street,Suite 601
`. t G i` u , ," '"_t) Omaha,Nebraska 68183-0601
oR; _y--s— i:k 402 444-5220
9Eo I,E:a Fax(402)444-5248
City of Omaha p C Robert G. Stubbe, P.E.
Jean Stothert,Mayor f ` ,;' Public Works Director
honorable President
and Members of the City Council.
Transmitted herwith is a Resolution approving payment to Omaha Public Power District,
(OPPD) in the amount of $927,073.50 for the removal and relocation of overhead transmission
facilities and appurtenances thereto in the project area of the Minne Lusa Stormwater
Conveyance Sewer (CSO) and Storz Detention Basin Improvement Project, identified as Project
OPW 52004 & :;2454. The need to acquire and the authority to negotiate for these property
rights was decl&ced by Necessity Ordinance No. 40182 approved by the City Council on
November 18, 2 °14 and the amended Ordinance No. 40391 approved by the City Council on
July 21, 2015.
"I he City of On?:-,;la and Omaha Public Power District have reached an agreement where the City
will pay the totoli amount of $027,073.50 for half of the projected cost for the removal and
relocation of overhead transmission facilities and appurtenances thereto as part of our project(s)
i.ientified above. This amount will be paid from the Sewer Revenue Improvement Fund 21124,
CSO Implementa:ion Organization 116918, Sewer Revenue Bonds.
The Public W'. rks Department requests your consideration and approval of the attached
Resolution.
Respectfully suhinitted, Referred to City Council for Consideration:
(.' _74_7 f .,,,,-,.._ .
4--4---' t - • ' ' -4. 4/".5%/..t•-, —k______W. V
Ro rt G. Stubbe. P.E. Date Mayor's Office
Public Works Djrector
Approved as to '':ending:
Stephe . Curti;s )ate
Finance Directok r v
0064MEIT
AGREEMENT
BETWEEN
THE OMAHA PUBLIC POWER DISTRICT
AND THE
CITY OF OMAHA, NEBRASKA
********************************
RELOCATING OVERHEAD
TRANSMISSION FACILITIES IN THE PROJECT AREA OF OPW 52454
MINNE LUSA STORZ WEST & PERSHING DETENTION BASIN
AGREEMENT
RELOCATING OVERHEAD
TRANSMISSION FACILITIES IN THE PROJECT AREA OF OPW 52454
MINNE LUSA STORZ WEST & PERSHING DETENTION BASIN
THIS AGREEMENT is made and entered into by and between the Omaha Public Power
District hereinafter referred to as the "Utility" and City of Omaha, Nebraska hereinafter
referred to as the "City".
WITNESSETH:
WHEREAS, the City has plans for the OPW 52454 Minne Lusa Storz west &
Pershing detention basin project, and
WHEREAS, said construction will be undertaken under the project designation
OPW 52454 (the "Project"), and
WHEREAS, the agreement for the relocating overhead transmission facilities, set
forth in the Project plans and specifications, as shown on the attached "Exhibit A", and
WHEREAS, the City is willing to have the Utility contract and relocate and rebuild
the overhead transmission facilities as part of the City's Project, subject to the terms of
this Agreement, and
NOW THEREFORE, in consideration of the foregoing recitals and the promises
and covenants herein, the parties hereto agree as follows:
SECTION 1. The Utility has designed a transmission facility and system to be
constructed by the Utility or Utility's contractor according to the Utility's specifications
and as set forth in the Project plans and specifications.
The utility's engineering department has estimated the cost to remove and relocate
overhead transmission facilities to be $1,854,147.
SECTION 2. The City shall pay the Utility 50 percent of the actual and reasonable cost
of the construction effort for removing and relocating transmission facilities plus any
additional required construction engineering costs.
SECTION 3. The City shall make payment to the Utility within thirty (30) days after
receipt of billing from the Utility. When the work is completed and all costs
accumulated, the Utility will submit a final statement to the City showing the payment
due from the City. The parties agree to make final settlement within thirty (30) days
after the City receives the final statement. The Utility will furnish the City a copy of the
engineering estimates and actual costs for the project and as built drawings for said
relocated transmission facilities. Ownership in the said transmission facility shall remain
with the Utility at all times.
SECTION 4. The Utility agrees to abide by the provisions of the Nebraska Fair
Employment Practices Act as provided by Neb. Rev. Stat. 48-1101 through 48-1126
(Reissue 1988), as amended, and the same are incorporated herein by this reference.
SECTION 5. The Contractor shall not discriminate against any employee or applicant
for employment because of race, religion, color, creed, sex, marital status, age, sexual
orientation, gender identity, disability, or national origin. The Contractor shall ensure
that applicants are employed and that employees are treated during employment
without regard to their race, religion, color, creed, sex, marital status, sexual orientation,
gender identity, or national origin. As used herein, the word "treated" shall mean and
include, without limitation, the following: recruited, whether by advertising or by other
means; compensated; selected for training, including apprenticeship; promoted;
upgraded; demoted; downgraded; transferred; laid off; and terminated. The Contractor
agrees to and shall post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the contracting officers setting forth the
provisions of this nondiscrimination clause.
SECTION 6_All easements associated with the Minne Lusa Storz West & Pershing
detention basin project identified as project # OPW 52454, shall be donated with no
payment of compensation. Said easement areas are shown on the attached Exhibit "B".
SECTION 7. The Utility shall provide and maintain the following insurance coverages for
its provision of work on the Easement Area. Except as otherwise expressly set forth
herein, the Utility shall require each of its subcontractors to provide the same insurance
described in this Paragraph. The Utility and its subcontractors shall provide evidence of
insurance as requested by City to confirm that these requirements are satisfied:
i. Commercial General Liability Insurance
The Utility shall maintain commercial general liability insurance,
including coverage for rigger's liability, products and completed
operations liability, contractual liability, liability from independent
contractors, property damage liability, bodily injury liability, personal
injury liability, explosion collapse underground hazard (XC&U), with
limits of $1,000,000 per occurrence, and $2,000,000 general aggregate;
with umbrella liability limits of $1,000,000 per occurrence, and
$2,000,000 general aggregate.
ii. Business Automobile Insurance
The Utility shall maintain business auto insurance for any owned, non-
owned, hired, or rented vehicle with a limit of $1,000,000 combined
single limit for bodily injury and property damage liability. The limit may
be satisfied by a combination of primary and excess insurance.
iii. Workers Compensation & Employers Liability Insurance
The Utility shall maintain statutory workers compensation insurance in
accordance with the laws of the state where such compensation is
payable. Contractor shall also provide and maintain employers' liability
insurance with limits not less than $500,000 per accident and $500,000
each employee for injury.
iv. General Requirements
City shall be an additional insured, under the Utility's commercial
general liability insurance as required under Paragraph 13(i) and an
additional insured under the business automobile insurance required
under Paragraph 13(ii). In the event of a loss arising out of or related to
the Utility's or its subcontractor's performance of work hereunder, all
insurance required under this Section shall be primary (pay first) with
respect to any other insurance which may be available to the City,
regardless of how the "other insurance" provisions may read. The Utility
shall be responsible for insuring all of its own personal property, tools
and equipment.
SECTION 8. The Utility agrees to indemnify, defend and save the City harmless from
and against any and all damages, losses, liabilities and claims (including reasonable
costs of litigation and reasonable attorney fees) alleged against or incurred by the CITY,
for property damage, personal injury or death to persons (including, without limitation,
third parties and the City 's servants, agents, employees, contractors and/or
representatives) arising out of or in connection with the Utility's use of the Easement
Area or performance under this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their proper officials there unto duly authorized as of the dates below
indicated.
EXECUTED by the Utility this 3rd day of March , 20 16
ATTEST:
0k,_A1. A `'UBL . 1105 DISTRICT
Mang-r — C. .V Sales and Service Date
CITY OF OMAHA, a Municipal Corporation
ATTEST: OfrAg51,1/ By:
1111
Buster :rown Jean Stothert
,
City Clerk, City of Omaha Mayor, City of Omaha
APPROVED AS TO FORM:
A 1ST CITY ATTORNEY
STATE OF NEBRASKA )
) SS
COUNTY OF DOUGLAS )
On this �\ day ofNX\1 , 2016, before me, a Notary
Public in and for said County, peally came Buster Brown, City Clerk of the City of Omaha,
Nebraska, a Municipal Corporation, to me personally known to be the respective officer of said
Municipal corporation and the identical person whose name is affixed to the foregoing instrument,and
acknowledged the execution thereof to be their respective voluntary act and deed as City Clerk and
the voluntary act and deed of said Municipal Corporation. WITNESS my hand and Notarial Seal the
day and year last above written.
GENERAL NOTARY•State of Nebraska
pJENNA L.GARCIA
— My Comm.Exp.January 14,2018 \- _,\KK -
-..^ 61-(i-L
Notary Seal: NOTARY PUBLIC
STATE OF NEBRASKA )
) SS
COUNTY OF DOUGLAS )
On this 1\4' day of \''4 \\ , 2016, before me, a Notary
Public in and for said County, personally ame Jean Stothert, Mayor of the City of Omaha, Nebraska,
a Municipal Corporation, to me personally known to be the respective officer of said Municipal
corporation and the identical person whose name is affixed to the foregoing instrument, and
acknowledged the execution thereof to be her respective voluntary act and deed as Mayor and the
voluntary act and deed of said Municipal Corporation.
WITNESS my hand and Notarial Seal the day and year last above written.
2, GENERAL NOTARY•State of Nebraska _{f�.t.- i C- 4:
} JENNA L.GARCIA
Notary Seal: ;,_2� My Comm.Exp.January 14,2018 NOTARY PUBLIC
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
ground of handicap, race, color, or national origin in the selection and retention of
subcontractors, including 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".
3) Solicitations for Subcontracts, 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 grounds 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 instructions issued pursuant thereto, and
will permit access to its books, records, accounts, other sources of information, and
its facilities as may be determined by the State 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 exclusive possession of another who fails or refuses 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 this contract, the State Highway Department
shall impose such contract sanctions as it or the Federal Highway Administration
may deter-mine 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 Utility's 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 instructions
issued pursuant thereto. The contractor will take such 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 interests of the State, and in addition, the
contractor may request the United States to enter into such litigation to protect the
interests of the United States.
EXHIBIT "A"
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Exhibit "B
TEMPORARY EASEMENT LEGAL DESCRIPTION
A parcel of land located in all that part of the West half of the Southwest quarter of Section 27, Township 16
North, Range 13 East, of the 6th P.M., in Douglas County, Nebraska; except that portion lying within the plat
of Power District Replat, recorded November 9, 1953; in Book 936 Page 692; records of Douglas County,
Nebraska, and more particularly described as follows.
Note: The Douglas County Assessor shows a part of the drainage ditch included in this legal description but
after an examination of the records it is undetermined whether the drainage ditch should be part of this
parcel.
Beginning at the Southwest corner of said parcel; thence North 26° 35' 16"West a distance of 190.28 feet;
thence along a 343.51 foot curve to the left (chord bearing North 69° 34' 21" East, chord length of 340.72
feet); thence North 56° 04' 11" East a distance of 48.36 feet; thence South 37° 37' 10" East a distance of
84.78 feet; thence South 52° 32'44"West a distance of 409.16 feet to the point of beginning, containing
47,304 square feet.
CITY OF OMAHA
PUBLIC WORKS DEPARTMENT
Owner(s): Omaha Public Power District ����� Temporary Easement: 47,304 S.F.
Address: 7415 N. 25th St Project No. OPW 52752
Omaha NE, 68112 Project Name: Pershing to Minne Lusa Outfall
Tract No. 0-1 I Date Prepared: 1/16/15 I Revision Date(s): I Page 1 of 2
EXHIBIT "B"
PAGE 2 OF 2
POWER DISTRICT / ��
REPEAT /,VO5 \-�%`�
'� G0 `N-\ SEC. 27-16-13
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C,�G1 - 84.78' /
POWER DI
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REPEAT \ / /
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TRACT NO.:0-1 PROJECT NO.:OP W 52752
TEMPORARY EASEMENT: 47,304 S.F. PREPARE DATE: 1/16/15 I REVISION DATE: -
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, herewith is a Resolution approving the execution of the attached Agreement
between the City of Omaha and the Omaha Public Power District (OPPD) for theremoval and
relocation of overhead transmission facilities and appurtenances thereto, associated with the
Minne Lusa Stormwater Conveyance Sewer (CSO) and Storz Detention Basin:Improvement
Project, identified as Project OPW 52004 & 52454; and
WHEREAS, The Necessity of this project was declared by Necessity Ordinance No.
40182 approved by the City Council on November 18, 2014 and the amended Ordinance No.
40391 approved by the City Council on July 21, 2015; and,
WHEREAS, As detailed in the attached Agreement, the City of Omaha agrees to pay
Omaha Public Power District $927,073.50 as half of the projected cost for the removal and
relocation of overhead transmission facilities as part of our project(s) mention above. The
amount will be paid from Sewer Revenue Improvement Fund 21124, CSO Implementation
Organization 116918, Sewer Revenue Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, as recommended by the Mayor, the attached Agreement between the City of
Omaha and Omaha Public Power District being necessary for the removal and relocation of
overhead transmission facilities and appurtenances thereto in the project area of the Minne Lusa
Stormwater Conveyance Sewer (CSO) and Storz Detention Basin Improvement Project,
identified as Project OPW 52004 & 52454, is hereby approved, and the Mayor is authorized to
execute the said agreement.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay $927,073.50 as half of the cost for
the removal and relocation of overhead transmission facilities as part of our project(s) identified
above, from the Sewer Revenue Improvement Fund 21124, CSO Implementation Organization
116918, Sewer Revenue Bonds.
000smht APPROVED AS TO FORM:
Lit, ,�. A,_ SIS ANT CITY ATTOR..„4., EY DAT�
(69
By
Councilmember
AdoptedI PR 1 9 2 16. 7- c
/447
�-, {)Cif Clerk �� .0W‘
Approved -......... ...u.).114
""�lax
Mayor
NO. � " 7
Resolution by
Res. that, as recommended by the Mayor. the
attached Agreement between the City of
Omaha and Omaha Public Power District
being necessary for the removal and
relocation of overhead transmission facilities
and appurtenances thereto in the project area
of the Minne Lusa Stormwater Conveyance
Sewer (CSO) and Storz Detention Basin
Improvement Project, identified as Project
OPW 52004 & 52454. is hereby approved.
and the Mayor is authorized to execute the
said agreement: and that the Finance
Department is authorized to pay $927,073.50
as half of the cost for the removal and
relocation of overhead transmission facilities
as part of our project(s) identified above_ from
the Sewer Revenue Improvement Fund
21124. CSO Implementation Organization
116918, Sewer Revenue Bonds.
0066mht
Presented to City Council
APR 1 9201.6
Adopted 7-c
ett3ter gown
City Clerk