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ORD 41087 - Interlocal Reimbursement for ground water monitoring at Lynch Park °,,AAHA,tv.6, 04air Law v Department �. ‘," Omaha/Douglas Civic Center i> s ,, ^ k819 Farnarn Street,Suite 804 Omaha,Nebraska 68183 0804 ®. tt '�`rF� (402) 444-5115 ff' � '.'""tip '00 4� FAX (402)444-5125 Paul D. Kratz City of Omaha City Attornc\ Jean Stothert,Mayor Honorable President and Members of the City Council, Transmitted herewith is an Ordinance approving an Interlocal Agreement between the City of Omaha and Metropolitan Utilities District, providing for the City of Omaha to reimburse MUD for costs to conduct necessary ground water monitoring work at Lynch Park in an amount not to exceed $167,700. This monitoring is post-performance requirements as directed by the Nebraska Department of Environmental Quality. The term of this Agreement is for two years. Your favorable consideration of this Ordinance is respectfully requested. Sincerely, Michelle Peters Deputy City Attorney P\LAW-CITY COUNCIL DOCUMENTS\2017\30018d1m ORDINANCE NO. 51/c,'''� AN ORDINANCE to provide for approving an Interlocal Agreement between the City of Omaha and Metropolitan Utilities District ("MUD"), for more than one year to reimburse MUD for costs to conduct necessary ground water monitoring work at Lynch Park not to exceed $167,700; and to provide for the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That in conformity with Interlocal Agreements Act, approval is hereby given to an Interlocal Agreement, between the City of Omaha and Metropolitan Utilities District, to reimburse MUD for costs to conduct necessary ground water monitoring work at Lynch Park not to exceed $167,700, for a term of more than one year. Section 2. That the Finance Department is authorized to pay for the cost from General Fund 12122, Organization 132038, and Account 42911. Section 3. That this Ordinance, not being of legislative character, shall be in full force and effect upon its passage. INTRODUCED BY COUNCILMEMBER: ,104,44 APPROVED BY: MAYOR DATE OF THE CITY OF OMAHA PASSED MAR 2 1 2017 6 -L'':' ORDINANCE NO. V/e111/ Page 2 ATTEST: °f/°'244 c1126/A DEPUTYCITY CLERK DATE OF THE CITY OF OMAHA APPROVED AS TO F Y/A 3 /11( 7 EPU Y CITY ATTORNEY fit P\LAW-CITY COUNCIL DOCUMENTS\2017\30019d1m INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement ("Agreement"), effective as of y ,� �f , 2017 ("Effective Date"), is made and entered into by the City of Omaha, Nebraska, a Metropolitan Class City and political subdivision of the State of Nebraska ("City"), and the Metropolitan Utilities District of Omaha, a political subdivision of the State of Nebraska ("District"). RECITALS WHEREAS, the purpose of the Nebraska Interlocal Act, Chapter 13, Article 8, Nebraska Revised Statutes, as amended ("Act"), is to permit local government units to make the most efficient use of their powers by enabling them to cooperate with other government units on a basis of mutual advantage and thereby to provide services and facilities in a manner that will accord best with the geographic, economic, population, and other factors influencing the needs and development of local communities; WHEREAS, pursuant to the Act, any power or powers, privileges, or authority exercised or capable of exercise by a political subdivision may be exercised and enjoyed jointly with any other political subdivision, and any two or more political subdivisions may enter into agreements with one another for joint or cooperative action; WHEREAS, the City and the District have been cooperating in the clean-up of a former manufactured gas plant that was operated by the District but is located on property owned by the City ("Site") near 20th and Center Streets in the City; WHEREAS, the District has paid for the physical clean-up work on the Site and now there remains work related to ground water monitoring, and the District has received a proposal from Burns & McDonnell to do the remaining work; WHEREAS, the City has expressed its willingness to reimburse the District for the proposed costs of the ground water monitoring as outlined in the October 20, 2016 proposal attached hereto as Exhibit A. NOW, for and in consideration of the terms and provisions of this Agreement and the mutual obligations and undertakings therein, the City and the District agree as follows: 1 1. Authority and Purpose 1.1 This Agreement is to provide for the City to reimburse the District costs to conduct the necessary ground water monitoring work at the Site as set out on Exhibit A attached hereto. 1.2 The City and the District have the authority to enter into any contracts to effectuate this authority and responsibility. It is not anticipated that any new real or personal property shall be needed under the Agreement. 1.3 It is the purpose of this Agreement for the City and the District to make efficient use of their powers by cooperating with each other on the basis of mutual advantage and to jointly exercise their authority and responsibilities as provided in this Agreement. 2. Administration of Agreement 2.1 The City and the District will each name one individual in their employment to be that entity's primary representative to administer the Agreement. Each representative shall communicate with the other as necessary to effectuate the terms of the Agreement. It is anticipated that additional employees of each entity will participate in the matters related to the Agreement. 2.2 No separate legal or administrative entity is created under this Interlocal Agreement. 3. Term and Financing 3.1 The term of this Agreement shall commence on the Effective Date and shall continue for an initial term of two (2) years ("Initial Term") and thereafter shall renew without any need for action by the City or the District for any number of successive additional terms of one (1) year (each, a "Renewal Term"), subject to termination by either the City or the District during the Initial Term or any Renewal Term by advance written notice of at least sixty (60) calendar days before the effective date of termination. 2 3.2 The City and the District agree that any internal costs or expenses related to the Agreement shall be paid by the individual entity experiencing the same. 3.3 The City agrees to reimburse MUD for services provided by Burns & McDonnell as described in the Scope of Work, attached as Exhibit A. Total reimbursement shall not exceed $167,700. This amount shall not be increased unless substantial modifications to the scope of services are authorized in writing pursuant to an amendment to this Agreement and executed by the parties prior to performance of the proposed work. MUD shall submit invoices to the City for the work performed, and the City agrees to pay said invoices within 30 days of receipt. 4. General Liability Provisions. 4.1 The City and the District agree that each will be responsible for its own acts and omissions and the results thereof and shall not be responsible for the acts or omissions of the other and the results thereof. Each therefore agrees that it will assume all risk and liability to itself, its agents or employees for any injury to persons or property resulting in any manner from the conduct of its own operations and the operations of its agents or employees under this Agreement, and for any loss, cost, or damage caused thereby during the performance of this Agreement. 4.2 The City agrees to indemnify, defend, and hold harmless the District, its officers, directors, employees and agents from and against any claims, liabilities, and costs (including reasonable attorneys' fees) for bodily injury, death, or physical damage to any third party to the extent caused by the negligent acts or omissions of the City in performing its work under this Agreement. This indemnity shall survive the termination of this Agreement. 4.3 The District agrees to indemnify, defend, and hold harmless the City, its officers, directors, employees and agents from and against any claims, liabilities, and costs (including reasonable attorneys' 3 fees) for bodily injury, death, or physical damage to any third party to the extent caused by the negligent acts or omissions of the District in performing its work under this Agreement. This indemnity shall survive the termination of this Agreement. 5. Assignment. This Agreement shall be binding upon and inure to the benefit of the City and the District and their successors or assigns; provided, this Agreement shall not be assigned or otherwise transferred to a third party without the prior written consent of the other hereto. 6. Notices. All notices or other communications which are required or permitted herein shall be in writing and sufficient if delivered personally, sent by facsimile transmission followed by written confirmation of receipt, sent by overnight commercial air courier (such as Federal Express), or sent by registered or certified mail, postage prepaid, return receipt requested, to the other. 7. Governing Law. This Agreement shall be governed by and interpreted in accordance with the law of the State of Nebraska, without regard to conflict of law principles. 8. Entire Agreement. This Agreement constitutes the entire Agreement of the City and the District with respect to the subject matter hereof. All prior agreements, representations, statements, and negotiations are hereby suspended. This Agreement may be amended only by a writing executed by both. 9. Approval of Agreement and Effective Date. Each has secured the approval of its respective governing body to enter into this Agreement. This Agreement shall be executed in duplicate originals, and the Effective Date shall be All requirements for periodic meetings or action shall date from the Effective Date of this Agreement. 4 10. Equal Opportunity — During the performance of this contract, the contractor agrees as follows: 10.1 The contractor shall not discriminate against any employee applicant for employment because of race, religion, color, sex, 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, sex, age, sexual orientation, gender identity, disability 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. 10.2 The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, sexual orientation, gender identity or national origin, age, disability. 10.3 The contractor shall send to each representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the City and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 10.4 The contractor shall furnish to the human rights and relations director all federal forms containing the information and reports required by the federal government for federal contracts under 5 federal rules and regulations, including the information required by section 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the human rights and relations director shall be those which are related to paragraphs 10.1 through 10.7 of this subsection and only after reasonable notice is given the contractor. The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. 10.5 The contractor shall take such actions with respect to any subcontractor as the City may direct as a means of enforcing the provisions of paragraphs 10.1 through 10.7 herein, including penalties and sanctions for noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation as the result of such directions by the city, the city will enter into such litigation as is necessary to protect the interests of the City and to effectuate these provisions of this division; and in the case of contracts receiving federal assistance, the contractor or the City may request the United States to enter into such litigation to protect the interests of the United States. 10.6 The contractor shall file and shall cause his subcontractors, if any, to file compliance reports with the contractor in the same form and to the same extent as required by the federal government for federal contracts under federal rules and regulations. Such compliance reports shall be filed with the human rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the contractor and his subcontractors. 10.7 The contractor shall include the provisions of paragraphs 10.1 through 10.7 of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order 6 so that such provisions will be binding upon each subcontractor or vendor. 11. E-Verify— New Employee Work Eligibility Status. The contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the state of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the contractor is an individual or sole proprietorship, the following applies: The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us. If the contractor indicates on such attestation form that he or she is a qualified alien, the contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program. The contractor understands and agrees that lawful presence in the United States is required, and the contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. 7 BURNS©McDONNELL METROPOLITAN UTILITIES Burns & McDonnell DISTRICT OF OMAHA Engineering Company. Inc. Company Name Company Name DOW,.q,w by anw..s.90 Bill Halliburton .="° °°m - Orc 2016 1019 1J3227-0SOP Signature Signature Bill Halliburton Printed Name Printed Name Principal Title Title APPROVED AS TO FORM: Ronald E.Bucher,Senior Vice President,General Counsel 9400 Ward Parkway\Kansas City,MO 64114 0 816-333-9400\F 816-333-3690\burnsmcd.com BURNS`MSDONNELL collected during each event. This task includes sampling,analytical costs,field supplies and IDW management. Task 3.0- Data Reporting to NDEQ. A data report will be completed and submitted on behalf of MUD to NDEQ. The data report will provide a data summary table, a potentiometric surface map, and a data posting figure. MUD will provide one round of comments to be incorporated in to the data report prior to NDEQ submittal. These reports will be submitted after each quarterly event. Compensation for Proposed Services Burns&McDonnell's estimated cost to perform the Scope of Services described above on a per task basis is as follows: Task 1.0- Groundwater Monitoring Well Installation- $11,500 Task 2.0- Groundwater Monitoring Well Sampling(Eight Events)-$134,250 ($16,781/event) Task 3.0- Data Reporting to NDEQ- $21,950($2,744/event) Task 1 $11,500 Task 2 $134,250 Task 3 $21,950 Total $167,700 Burns&McDonnell appreciates the opportunity to provide this cost estimate to complete front end tasks associated with implementation of the RAP at the former Omaha MGP Site. Thank you for this opportunity. If you have any questions concerning this proposal please contact Matt Cox at(816) 822-3299 or Kevin White at 816-363-7290. Sincerely, Bill Halliburton Principal Kevin White Project Manager 9400 Ward Parkway\Kansas City,MO 64114 0 816-333-9400\F 816-333-3690\burnsmcd.com C)G 1 t i "1 A BURNS`McDONNELL October 20,2016 Mr. Kris Thompson, P.E. Engineer/Plant Engineering Omaha Metropolitan Utilities District 3100 South 61'Avenue Omaha,NE 68106 Re: Proposal to Complete Post-Performance Groundwater Monitoring for the Former Omaha MGP Site,Lynch Park Site located near the intersection of 20th and Center Streets, Omaha,Nebraska. Dear Mr.Thompson: In accordance with your request,Bums &McDonnell Engineering Company,Inc. (Bums& McDonnell)is pleased to submit this proposal to complete post-performance groundwater monitoring associated with the execution of the Remedial Action Plan (RAP)for Unsaturated Zone Removal at the former Omaha Manufactured Gas Plant(MGP)Site(June 2015). The NDEQ-approved RAP was submitted on behalf of Omaha Metropolitan Utilities District(MUD) and the City of Omaha,Nebraska(City)to the Nebraska Department of Environmental Quality (NDEQ)for the administrative record on July 24,2015. The estimated costs associated with the tasks outlined below were prepared based on the Scope of Work outlined in the RAP. Scope of Services The following provides the Scope of Services and estimated costs associated with Burns & McDonnell's implementation to meet the project requirements for front end tasks outlined in the RAP. Task 1.0- Groundwater Monitoring Well Installation. As described in the June 2015 RAP, two new monitoring well clusters(four new monitoring wells)were to be installed at the completion of the removal action. These new wells were to be placed downgradient from the purifier excavation area and the relief holder excavation area. However, during implementation of the RAP, NDEQ agreed that excavation of the relief holder was not necessary;therefore,no new monitoring wells will be installed in this area. This task includes costs to install and develop one new monitoring well cluster(two new monitoring wells)downgradient from the purifier excavation area. Task 2.0- Groundwater Monitoring Well Sampling(Eight Events). Burns&McDonnell will complete eight quarterly groundwater sampling events. A total of 17(15 existing and 2 new)monitoring wells will be sampled each event for off-site laboratory analysis of VOCs using EPA Method SW8260C,PAHs using EPA Method SW8270SIM,RCRA Metals using EPA Method SW6010/7471 and total cyanide using Method 4500 CN-E. Appropriate levels of QA/QC samples will be 9400 Ward Parkway\Kansas City,MO 64114 0 816-333-9400\F 816-333-3690\burnsmcd.com CITY OF OMAHA, NEBRASKA ATTEST: Name: L - (.1 4 it1/4— gi‘ , Title: Wilayof METROPOLITAN UTILITIES DISTRICT OF OMAHA ATTEST: B ri://1 Y: 7;2 , / Name: Ke..e1) Title: -Pr.‹.5.1,44 ApRroved as to form: APPROVED AS TO FORMk) Ronald E. Bucher, General Counsel / 7 DEPUTY=ATTORNEY 8 . 1 �s ' ORDINANCE NO. W6sT7 . AN ORDINANCE to provide for approving an Interlocal Agreement between the City of Omaha and Metropolitan Utilities District ("MUD"), for more than one year to reimburse MUD for costs to conduct necessary ground water monitoring work at Lynch Park not to exceed $167,700; and to provide for the effective date hereof. P\LAW - CITY COUNCIL DOCUMENTS\2017\30020d I m 1 PRESENTED TO COUNCIL 1st yteading MAR - 7 2017 -1'„r y7 Hearing MAR 1 4 2017 -4 PUBLICATIONS L� /4 PUBLICATION OF HEARING Final Reading MAR 2011 Date © - Passed -6 PUBLICATION OF ORDINANCE Date - 1 - '7 BUSTER BROWN City Clerk "NOTICE TO PUBLIC- THE DAILY RECORD The following Ordinance has been set for City Council Hearing on Mardi 14,2017,at OF Olrj,�,r I 2:00 p.m.: AHA AN ORDINANCE to provide for approving an Interlocal Agreement between the City of LYNDA K. HENNINGSEN, Publisher Omaha and Metropolitan Utilities District ("MUD"), for more than one year, to PROOF OF PUBLICATION reimburse MUD for costs to conduct necessary ground water monitoring work at Lynch Park not to exceed$167,700.00; and, UNITED STATES OF AMERICA, to provide for the effective date hereof, BUSTER BROWN, The State of Nebraska, ss. City Clerk District of Nebraska, 3-10-17 County of Douglas, City of Omaha, J. BOYD being duly sworn,deposes and says that she is LEGAL EDITOR of THE DAILY RECORD, of Omaha, a legal newspaper, printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on March 10, 2017 That said Newspaper during that time was blished and in general circulation in the County of Dou t : �A to of Nebraska. lA GrN!'°ORAL NOTARY-State of Nebraska —. Ei._LEN FREEMAN ,��'n.Ox ,Dec 1 Subscribed in m p •nee and sworn to before • Publisher's Fee $ me t ' day of \Marc 17 Additional Copies $ 20 Total $15.50 ( No ary Public in and for Douglas County, State of Nebraska ORDINANCE NO.41087 THE DAILY RECORD AN ORDINANee to provide for approving OF OMAHA Interlocal Agreement betweennthe City of Omaha and Metropolitan Utilities District ("MUD"), for more than one year to reimburse MUD for costs to conduct LYNDA K. HENNINGSEN, Publisher necessary ground water monitoring work at Lynch Park not to exceed $167,700; and to PROOF OF PUBLICATION provide for the effective date hereof. SUMMARY: AN ORDINANCE to provide for approving UNITED STATES OF AMERICA, an Interlocal Agreement between the Lity or The State of Omaha and Metropolitan Utilities District Nebraska, SS. ("MUD"), for more than one year to District of Nebraska, reimburse MUD for costs to conduct Countyof Douglas, necessaryground water monitoringwork at g Lynch Park not to exceed $167,700; and to City of Omaha, provide for the effective date hereof. PASSED: March 21,2017,6-0 APPROVED BY: J.BOYD JEAN STOTHERT 03/23/2017 MAYOR OF THE beingdulysworn,deposes and says that she is CITY OF OMAHA P Y BUSTER BROWN, City Clerk LEGAL EDITOR 3-29-17 of THE DAILY RECORD, of Omaha, a legal newspaper, printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on March 29, 2017 That said Newspaper during that time was • ` •: ! bushed and 11 in general circulation in the County of Douglass a of Nebraska. £NERAL NOTARY•State of Nebraska �� DONELL JOHNSON My Com pJy 13,2020Sscribed in m pres ce and sworn to before � .1� , e Publisher's Fee $ me this day of Additional Copies $ March 237 22.10 Total $ Notary Public' and for Douglas County, State of Nebraska