Resolution 2019-394 BOARD OF COMMISSIONERS SARPY COUNTY, NEBRASKA
Interlocal Agreement with the City of Gretna for Cost Share of Temporary Traffic Signal at U.S. Highway 6/Nebraska Highway 31 and Lincoln Road
Whereas, pursuant to Neb. Rev. Stat. 23-104(6), the County has the power to do all acts in relation to the concerns of the County necessary to the exercise of its corporate powers; and,
Whereas, pursuant to Neb. Rev. Stat. 23-103, the powers of the County as a body are exercised by the County Board; and,
Whereas, general supervision and control of the public roads of each county is vested in the County Board by virtue of Neb. Rev. Stat. 39-1402; and
Whereas, pursuant to Neb. Rev. Stat. 13-801, et seq., an Interlocal Cooperation Act Agreement has been proposed between the City of Gretna and Sarpy County for allocation of the cost of placement of a temporary traffic signal at the intersection of U.S. Highway 6/Nebraska Highway 31 and Lincoln Road, as more particularly outlined in said Agreement, attached hereto and incorporated herein; and,
Whereas, it is in the best interests of the residents of Sarpy County to participate in said Interlocal Cooperation Agreement.
NOW, THEREFORE, BE IT RESOLVED by that this Board hereby approves and adopts the attached Interlocal Cooperation Agreement.
BE IT FURTHER RESOLVED that the Chair and Clerk are hereby authorized to execute said Agreement on behalf of Sarpy County, Nebraska, and any other related documents, the same being approved by this Board, and that they are authorized to take such other actions as may be necessary under the terms of said Agreement.
The above Resolution was approved by a vote of the Sarpy County Board of Commissioners at a public meeting duly held in accordance with the applicable law on the 03 day of December 2019
Attest: SEAL
______Sarpy County Chairman Sarpy County Clerk/Register of Deeds INTERLOCAL COOPERATION AGREEMENT
THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into by and between the CITY OF GRETNA, NEBRASKA, a municipal corporation in the State of Nebraska (hereinafter referred to as the "City”), and SARPY COUNTY, NEBRASKA, a political subdivision of the State of Nebraska (hereinafter referred to as the “County”).
WITNESSETH:
WHEREAS, the City and the County are both public agencies as defined under Neb. Rev. Stat. § 13-803 (2), which are duly authorized and existing under the laws of the State of Nebraska; and
WHEREAS, the intersection ofHighway 6/31 and Lincoln Road is located in the County and partially within the corporate limits of the City and the Nebraska Department of Transportation (NDOT) has authorized the installation of a permanent traffic signal system and associated geometric improvements at the intersection but the process involved with the installation thereof will take several months and it facilitates public safety that temporary traffic signals be installed at the intersection (“Temporary Traffic Signal Work”) pending the installation of the permanent traffic signal system; and
WHEREAS, it is to the mutual advantage of the County and the City and the citizens of each that the parties cooperate in these matters; and
WHEREAS, the parties are authorized by the lnterlocal Cooperation Act, Neb. Rev. Stat. §§ 13-801 through 827, to so cooperate and to enter into agreements for such cooperative action and thereby provide services and facilities in a manner which accords best with factors inlluencing the needs and development of local communities.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises and agreements contained herein, it is agreed by the County and the City as follows:
I.
PURPOSE
1.1 The purpose of this Agreement is to identify the powers, duties, and responsibilities of the parties relating to their cooperation and cooperative actions which are associated with the Temporary Traffic Signal Work.
1.2 In order to obtain the objectives and purposes of this Agreement, each party shall execute and deliver all documents, provide all information, and take or forebear from all such action as may be necessary or appropriate to achieve the purposes of this Agreement, and each party shall further perform the applicable provisions of this Agreement in good faith and with due diligence and in cooperation with the other party.
1 II.
DURATION
2.1 This Agreement shall become effective and binding upon its execution by both of the parties hereto.
2.2 The duration of this Agreement shall be until the completion and ?nalization of the actions as described hereinafter in Sections IV and V.
2.3 The duration of this Agreement may be changed by the parties pursuant to a written and signed amendment as provided hereinafter in Section 6.1.
III.
SEPARATE ENTITY AND ADMINISTRATION
3.1 This Agreement does not establish any separate legal or administrative entity.
3.2 The administering of this Agreement shall be by the County Administration or designee on behalf of the County, and by the City Administrator on behalf of the City.
IV.
TEMPORARY TRAFFIC SIGNAL WORK
4.1 The Temporary Traffic Signal Work involves a temporary traffic signal installation consisting of wood poles, span wires, signal heads, a NDOT provided controller, one advance warning sign, and traffic detection devices for a four lane divided highway with left turn lanes, and related appurtenances. A Traffic Signal Plan for the Temporary Traffic Signal Work has been created by the City and submitted to NDOT for approval and is attached hereto and incorporated herein as Exhibit “A”. The City will also undertake and complete the NDOT ROW Permit process for the Temporary Traffic Signal Work and coordinate such along with the aforesaid Traffic Signal Plan with the County Engineer. The County shall own the temporary wood poles upon removal and installation of the permanent signals.
4.2 The County has previously obtained quotes for temporary traffic signal equipment and once NDOT approves the Traffic Signal Plan for the Temporary Traffic Signal Work the County shall solicit proposals for and procure the signal heads, traffic detection devices, and advance warning sign, and shall also solicit proposals from and enter into a contract with a qualified vendor for the installation of the Temporary Traffic Signal Work.
The City, by and through its Public Works Director and/or City Engineer, shall serve as the project manager to oversee the installation of the Temporary Traffic Signal Work, to include project staking and to coordinate all associated matters with the County’s contractor and NDOT. The City shall install with its own staff and at its own cost the pavement markings associated with the Temporary Traf?c Signal Work, and the City shall coordinate and procure electrical service from the Omaha Public Power District.
4.4 Any items, equipment, or work included in the Traf?c Signal Plan that are not provided by the County shall be procured, performed, and/or installed by the City.
4.5 No change order or amendment which results in a signi?cant modi?cation to the Temporary Traf?c Signal Work, or the Traf?c Signal Plan, will be undertaken without the approval of both parties, which approval shall not be unreasonably withheld.
4.6 The City will maintain records of all out—of—pocketcosts incurred in connection with the Temporary Traf?c Signal Work and any items, equipment, or work included in the Traf?c Signal Plan that is not provided by the County procurement process and which is therefore procured, performed, and/or installed by the City, and the County will have the right to audit and review such records at any reasonable time.
4.7 The NDOT provided controller shall be maintained by NDOT. All other equipment and items included in the Temporary Traf?c Signal Work shall be maintained by the City. Electric service charges by the Omaha Public Power District shall be paid by the City and shall not be included in the costs for the Temporary Traffic Signal Work that are to be paid ?fty percent (50%) by the County and ?fty percent (50%) by the City.
V.
PAYMENT OF COSTS FOR THE TEMPORARY TRAFFIC SIGNAL WORK
5.1 The traf?c detection devices and the advance warning sign are components of the Temporary Traf?c Signal Work which will be incorporated into the aforesaid permanent traf?c signal system, and, accordingly, the costs therefor shall be paid by the City to the County and shall not subject to a ?fty percent (50%) division between the County and the City. All other costs for the Temporary Traf?c Signal Work, except as otherwise herein provided, shall be paid ?fty percent (50%) by the County and ?fty percent (50%) by the City.
5.2 The costs for the procured signal heads, traf?c detection devices, and advance warning sign, shall be paid in full by the County to the involved suppliers and the County shall send the City invoices for the full costs of the traf?c detection devices and the advance warning sign, and for ?fty percent (50%) of the signal heads, which the City shall pay to the County within thirty (30) days of the City’s receipt of each such invoice. The County shall pay in full all amounts due pursuant to its contract for the installation of the Temporary Traf?c Signal Work, and the County shall send the City periodic invoices for the City’s ?fty percent (50%) thereof, which the City shall pay to the County within thirty (30) days of the City receipt of each such invoice.
5.3 Any out—of—pocketcosts incurred by the City in connection with the Temporary Traffic Signal Work for any items, equipment, or work included in the Traffic Signal Plan that is not procured by the County and/or provided by the County’s contractor and which is therefore procured, performed, and/or installed by the City, shall be paid in full by the City to the involved suppliers and/or contractors. Within sixty (60) days of the completion of the installation of the Temporary Traffic Signal Work, the City Engineer shall certify all such out-of-pocket costs incurred by the City, and the City shall send the County an invoice for the County’s ?fty percent (50%) thereof, which the County shall pay to the City within thirty (30) days of the County’s receipt of such invoice. City staff and administrative time, and fees paid to the City Engineer or City Attorney for work associated with the Temporary Traffic Signal Work, shall not be included as City out-of-pocket costs.
Any monetary contributions or cost share payments towards the costs of the Temporary Traf?c Signal Work that the City may receive from adjoining land owners, developers, or sanitary and improvement districts, shall be applied to the cost of the Temporary Traffic Signal Work (excluding however the costs of traf?c detection devices and the advance warning sign which will be incorporated into the aforesaid permanent traffic signal system), and then divided or credited ?fty percent (50%) to the County and ?fty percent (50%) to the City. Within thirty (30) days of the City’s receipt of any such monetary contributions or cost share payments the City shall send the County a written accounting and payment of ?fty percent (50%) thereof.
5.5 The staff and administration costs of the County and the City for work associated with the Temporary Traffic Signal Work, including the fees paid by the City to the City Engineer or City Attorney, shall not be included in the costs for the Temporary Traffic Signal Work that are to be paid ?fty percent (50%) by the County and ?fty percent (50%) by the City.
VI.
AMENDMENTS
6.1 The parties may amend this Agreement but all amendments or other modifications, additions, deletions, or changes must be in writing and signed by all parties.
No amendment of this Agreement shall be binding or effective until it is reduced to writing and signed by both parties. VII.
MISCELLANEOUS
7.1 In accordance with the Nebraska Fair Employment Act, Neb. Rev. Stat. § 48-1 122, the parties to this Agreement agree that neither they nor any of their subcontractors or agents shall discriminate against any employee, or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions, or privileges of employment because of the race, color, religion, sex, disability, or national origin ofthe employee or applicant.
7.2 The parties to this Agreement have established and maintain a drug free workplace policy.
The parties hereto acknowledge, stipulate, and agree that this Agreement shall not relieve any public agency of any obligation or responsibility imposed upon it by law.
7.4 The parties hereto declare and aflirm that no officer, member, or employee, and no member of their governing bodies, and no other public official of the parties who exercises any functions or responsibilities in the review or approval of the undertaking described in this Agreement, nor any partnership, or association in which he or she is directly or indirectly interested, shall have any personal or ?nancial interest in the Agreement; nor shall any employee, nor any member oftheir governing bodies, have any interest, direct or indirect, in this Agreement or the proceeds thereof.
It is understood and agreed by the parties hereto that if any part, term, condition or provision ofthis Agreement is held to be illegal or in conflict with any law ofthis State or of the United States, the validity of the remaining parts, terms, conditions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, condition or provisions held to be invalid.
7.6 Pursuant to and in order to be in compliance with Neb. Rev. Stat. §4—114(2), each party hereby agrees to use a federal immigration verilication system, as that system is described in the Illegal Immigration Reform and Immigration Responsibility Act of 1996, to determine the work eligibility status of new employees physically performing services within the State of Nebraska.
7.7 The parties agree to maintain Fair Labor Standards as defined in Neb. Rev. Stat. § 73-104.
7.8 The parties warrant to each other that they have not employed nor retained any company or person, other than a bona lide employee working solely for the parties to this Agreement to solicit or secure this Agreement, and that they have not paid or agreed to pay any company or person other than a bona fide employee working solely for the parties, any fee,
5 commissions, percentage, brokerage fees, gifts or other consideration, contingent upon or resulting from the award or making of this Agreement.
7.9 Neither of the parties may assign its rights under this Agreement without the express prior written consent of the other party. An assigmnent without such prior written consent shall be a material breach of this Agreement.
7.10 Only to the extent allowed by law, each party will indemnify, defend and hold harmless the other party from any and all liability, expense, cost attorney’s fees, claim, judgment, suit and/or cause of action (whether or not meritorious), settlement, or demand for personal injury, death or damage to tangible property which may accrue against the other party to the extent it is caused by the negligent acts or omissions of the Indemnifying Party, its officers, employees, agents, or subcontractors while performing their duties under this Agreement, provided that the other party give the Indemnifying Party prompt, written notice of any such claim, suit, demand or cause of suit, demand or cause of action. These indemni?cation provisions are not intended to waive a party’s sovereign immunity. A party’s liability under this Agreement is governed by and limited to the extent provided by the Nebraska Political Subdivision Tort Claims Act or other applicable provisions oflaw.
7.11 This instrument contains the entire agreement of the parties and shall be binding upon the successors and assign of the respective parties. No amendments, deletions, or additions shall be made to this Agreement except in writing signed by both parties. Nebraska law shall govern the terms and performances under this Agreement.
7.12 The parties to this Agreement shall conform to all existing and applicable city ordinances, resolutions, state and local laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. Venue for any non—federallegal proceeding under this Agreement shall be in the State of Nebraska, District Court of Douglas County and for any federal legal proceeding in the United States District Court for the State of Nebraska located in Omaha Nebraska. f.t by the City of Gretna, Nebraska, a municipal corporation, this 7h day of
or ilames W. Timmerman
APPROVED
City Clerk y L. Tisdall, CMC
Executed by Sarpy County, Nebraska, a political subdivision of the State of Nebraska, this 3*l auy or'Tk'tuqlti+-( ,2ots.
SARPY COUNTY, NEB
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