2012-36RESOLUTION 2012 - 36
COUNCIL MEMBER KEPHART INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS the City of Blair, Nebraska, has been presented with an Interlocal Agreement
between the City of Blair, Nebraska, and Papio - Missouri River Natural Resources District for
modification of water supply pipelines affected by the NDOR Highway 133 Project STPD -133-
3(103); and
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, that the Interlocal Agreement attached hereto, marked
Exhibit "A" and by this reference made a part of hereof as though fully set forth herein is hereby
approved by the City of Blair, Nebraska.
BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE
CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver, on behalf of the
City of Blair, Nebraska, any documents that may be necessary for approval of said agreement.
COUNCIL MEMBER KEPHART MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHEPARD.
UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, KEPHART, RYAN,
CHRISTIANSEN, JENSEN, WOLFF AND HALL VOTING "AYE ", AND COUNCIL
MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AD ADOPTED THIS 27 DAY OF NOVEMBER, 2012.
CITY OF BLAIR, NEBRASKA
' %JAEE. REALPH, MAYOR
ATTEST:
A�t Z
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and acting
City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was
passed and adopted at a regular meeting of the Mayor and City Council of said City held on the
27th day of November, 2012.
BRENDA R. WHEELER, CITY CLERK
AGREEMENT
BETWEEN
PAPIO - MISSOURI RIVER NATURAL RESOURCES DISTRICT
AND THE CITY OF BLAIR, NEBRASKA
FOR
MODIFICATION OF WATER SUPPLY PIPELINES AFFECTED BY
NDOR HIGHWAY 133 PROJECT STPD - 133
THIS AGREEMENT ( "This Agreement ") is made by and between the PAPIO-
MISSOURI RIVER NATURAL RESOURCES DISTRICT, a subdivision of the
State of Nebraska ( "the NRD "), and the CITY OF BLAIR, NEBRASKA ( " the CITY ").
The NRD and the CITY are hereinafter referred to collectively as "the Parties" and
individually as a "Party."
WHEREAS, the Parties desire to cooperate in a project ( "the Project ") to
investigate, identify and relocate or extend or otherwise modify conduits, valves and
other appurtenances of the separate water supply pipelines of the Parties that will be
adversely affected by the Nebraska Department of Roads ( " NDOR') Project STPD - 133 -
3(103) ( "the NDOR Project "), a project to improve Highway 133 in Washington
County, Nebraska, south of the CITY; and,
NOW, THEREFORE, IN CONSIDERATION of the foregoing recitals and
their mutual covenants, the Parties hereby agree as follows:
1. PURPOSE OF AGREEMENT. The purpose of This Agreement is to set
forth the terms under which the Project will be designed and constructed, and to specify
the rights, duties and obligations of the Parties in connection therewith.
2. NO ENTITY. The Project will be undertaken without any separate legal
entity being created.
3. TERM, EFFECTIVE DATE AND TERMINATION. This contract shall
be effective upon written signatures of the Parties being affixed hereto and may be
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terminated by mutual agreement of the Parties, or upon ninety days written notice by
one of the Parties to the other Party.
4. THE ENGINEERS. The CITY, as the lead Party for the Project, shall
retain engineering consultants ( " the Engineers "), pursuant to a written contract
approved in writing by the NRD ( " the Engineering Contract ") (such approval to not
be withheld or delayed unreasonably), to investigate the NDOR Project and to identify
those conduits, valves and other appurtenances of the separate water supply pipelines of
the Parties under or alongside Highway 133 or otherwise situated that in their opinion
will be adversely affected by the NDOR Project, and to prepare plans and specifications
for the work needed to relocate, extend or otherwise modify those conduits, valves and
other appurtenances which, in the opinion of the Engineers, are adversely affected by
the NDOR Project, and to administer construction of the Project. Failure of the NRD to
approve the CITY'S selection of the Engineers may be cause for termination of this
Agreement, at the election of the NRD, upon written notice to the CITY.
5. PREPARATION OF PLANS FOR PROJECT. Following
commencement of the term of This Agreement the CITY shall direct the Engineers to
prepare plans and specifications (hereinafter referred to collectively as "the Plans ")
and contract documents ( "the Contract Documents ") for the Project.
6. APPROVAL OF PLANS. Upon the Engineers' completion of
preparation of the Plans and the Contract Documents for the Project, they shall be
submitted to the Parties for their written approvals. Each of the Parties shall have 21
days to review the same and to approve or disapprove the same in writing or suggest
amendments thereto. After approval of the same by the Parties, they shall be submitted
to NDOR for their comment and approval.
7. PROJECT CONTRACTORS. Within a reasonable time after receipt of all
required approvals of the Plans, the CITY shall retain one or more construction contractors
(hereinafter referred to collectively as "the Project Contractors ") to construct the
features of the Project, in accord with the Plans, and may determine to construct the
Project in increments or stages.
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8. CONTRACTOR INSURANCE. All insurance provided by the Engineer,
or by the Project Contractor pursuant to the Contract Documents, shall name the NRD as
an additional insured.
9. PROJECT FINANCING. Both the City and the NRD shall be
responsible for applying to NDOR for reimbursement of costs of the Project which the
Parties or either of them may be eligible. The NRD shall reimburse the City within 3o days
of receiving full compensation from NDOR for its portion of the completed Project.
Engineering costs for the Project for the both the CITY and NRD shall be on a prorated
basis of the final construction costs of the Project.
10. CONSTRUCTION OBSERVATION. The CITY will provide for
engineering observation and administration of construction of the Project.
Representatives of the Parties shall be given the opportunity to observe such
construction at all reasonable hours and the right to request and receive
contemporaneous copies of all written communications between or among, or issued by
the CITY and /or the Engineers and /or the Project Contractors pertaining to Project
construction, including but not limited to statements by the Engineers as to percentage
of completion and substantial completion.
11. ACCEPTANCE OF PROJECT. The CITY shall not accept the Project
without NRD approval, which approval shall not be withheld or delayed unreasonably.
12. AS -BUILT PLANS AND FINAL COST STATEMENT. Upon
completion of construction of the Project or any separable portions thereof, the CITY
shall direct the Engineers to prepare and deliver to the NRD as -built Plans for the
Project.
13. CONTRACTOR'S WARRANTIES. The CITY shall provide such
enforcement of bonds and warranties, given by the Project Contractors pursuant to the
Contract Documents, as the NRD from time to time may request.
14. RECORDS AVAILABILITY. The CITY's records of Project receipts
and expenditures shall be made available to the NRD for inspection and copying at all
reasonable hours for a period of ten years after final completion of Project construction.
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15. APPROVAL FROM STATE DEPARTMENT OF HEALTH &
HUMAN SERVICES. The CITY shall have the responsibility for obtaining from the
Department of Health & Human Services of the State of Nebraska any approvals for the
delivery of water in pipelines modified under this agreement that may be required prior
to delivery of any water through such modified pipelines.
16. PROJECT OWNERSHIP, OPERATION AND MAINTENANCE.
After final completion of construction of the Project or respective separable portions
thereof, and acceptance of the same from the Project Contractors, the NRD shall continue
to own, operate, maintain, repair, replace and regulate all portions of the Project that,
prior to their modification, were part of an NRD Rural Water Project.
17. INDEMNIFICATIONS. The CITY shall defend, indemnify, and hold the
NRD harmless from and against all costs and expenses, including attorneys fees and
court costs, resulting from claims, demands or causes of action for personal injury or
property damage arising out of or resulting from the design and /or construction of the
Project, except such personal injuries or property damages as may be caused by the
negligence of the NRD.
18. PROJECT RISK OF LOSS. After completion of construction of the
Project and acceptance thereof from the Project Contractors, the sole risk of loss of or
damage to any pipeline or other portion of the Project that was modified by the Project
Contractors shall be borne by the Party that, prior to the Project, had the duty to provide
operation, maintenance, repair, replacement or regulation of such portion of the Project,
whether such loss or damage results from accident or other casualty whatsoever.
19. NONDISCRIMINATION. The Parties shall not, in the performance of
This Agreement, discriminate or permit discrimination in violation of federal or state
laws or local ordinances because of race, color, sex, age, political or religious opinions,
affiliations or national origin.
20. CAPTIONS. Captions used in This Agreement are for convenience and
are not used in the construction of This Agreement.
21. APPLICABLE LAW. In performing This Agreement the Parties shall
conform to all applicable state and federal laws, rules and regulations.
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22. MODIFICATION. This Agreement contains the entire agreement of the
Parties. No representations were made or relied upon by any of the Parties other than
those expressly set forth herein. No agent, employee or other representative of any of
the Parties is empowered to alter any of the terms hereof unless done in writing and
signed by an authorized officer of such Party.
23. INVALID PROVISIONS. In the event that any covenant, condition, or
provision herein contained is held to be invalid by any court of competent jurisdiction,
the invalidity of any such covenant, condition, or provision herein contained shall not
affect the validity of the remainder of the covenants, conditions or provisions of This
Agreement which shall in all respects remain a legally- binding agreement with the
invalid portion being deleted; provided that the validity of any such covenant, condition,
or provision does not materially prejudice any of the Parties in its respective rights and
obligations contained in the valid covenants, conditions, or provisions of This
Agreement.
24. NON - WAIVER. No delay or failure by either of the Parties to exercise
any right under This Agreement, and no partial or single exercise of that right, shall
constitute a waiver of that or any other right unless otherwise expressly provided herein.
A valid waiver by either of the Parties shall not be deemed to extend the amount of time
available to perform any other act required under This Agreement.
25. TIME IS OF THE ESSENCE. Time is expressly declared to be of the
essence of This Agreement.
26. DEFAULT. If the any of the Parties fails to comply with any provision of
This Agreement after reasonable request for performance has been served on such
Party, the remaining Parties may seek specific performance of This Agreement.
27. COUNTERPARTS. This Agreement may be signed in counterparts.
28. NOTICES. Notices to the respective parties provided for in This
Agreement shall be sufficient if sent by certified or registered mail, postage prepaid,
addressed as follows:
To the NRD: John Winkler, General Manager
Papio - Missouri River NRD
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8901 South 154th Street
Omaha, Nebraska 68138 -3621
To the CITY: Mayor
City of Blair
Blair Nebraska 68608
or to such other respective representative(s) or address(s) as the respective one of the
Parties may designate to the other Parties from time to time in writing.
IN WITNESS WHEREOF
THIS AGREEMENT is executed by the NRD on \�- t( , 2012
PAPIO - MISSOURI RIVER NATURAL
RESCES DISTRICT
By
Manager
THIS AGREEMENT is executed by the CITY on /1 B � Ug be yl 'Z , 2012.
CITY OF BLAIR, NEBRASKA
By-- -�
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