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RES 2008-0235 - Agmt with Creighton University for enhancement of Burt St from 21st to 30th Sts • oMAHd,A7.6, 66A � Public Works Department Omaha/Douglas Civic Center el" [ [► co February 12, 2008 1819 Farnam Street,Suite 601 90,4' '�!' "ry Omaha,Nebraska 68183-0601 o+42, t.EeR°f4 (402)444-5220 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 a Cooperation Agreement between Creighton University and the City of Omaha for the design and construction of sidewalk replacements, pedestrian bump outs, landscaping, trees, lighting and other elements for the enhancement of Burt Street from 21St Street to 30th Street. The enhancement project will be funded with 80 percent pass through Federal Funds and Creighton University will provide funds to cover the local 20 percent share of the project according to the provisions detailed in the attached Cooperation Agreement. The total cost of the project including engineering, right-of-way, nonbetterment utility relocation, construction and construction engineering is estimated to be $1,820,000. The purpose of the Agreement is for the City of Omaha to retain the supervisory responsibilities necessary to comply with Federal Law and for Creighton University to contribute the local 20 percent match for the project. The Public Works Department requests your consideration and approval of the attached Resolution. Respectfully submitted, Referred to City Council for Consideration: obert G. Stubbe, P.E. Date Mayor's Office Date ublic Works Director Approved as to Funding: n104� �-rU/4 a—y-osl Carol A. Ebdon Date Finance Director U' 1012hxf v.Stat. §76-1214 through 76-1238 is required for this improvement, the City shall enter into an appropriate agreement with the State in order that the Slate may perform the necessary and required relocation assistance functions. All relocation assistance services furnished by the State in this connection will be part of the cost of the project and the State's expenses will be deducted from the Federal monies received prior to reimbursement to the City. SECTION 25. Traffic control during project construction must conform with the Manual on Uniform Traffic Control Devices. Before final acceptance of the project by the Stale, all signing and marking must be in conformance with the current Manual on Uniform Traffic Control Devices. Project No. DPU-51 10(1) - 10- Burt Street, 23'd to 30'h Streets Roadway Improvements e based on the actual costs of material, services and labor. This will be subject to audit, if the State deems that one is necessary. Project No. DPU-5110(1) -9- Burt Street, 23'd to 30d'Streets Roadway Improvements t No. DPU-5110(1) -4- Burt Street, 23'6 to 30th Streets Roadway Improvements 24'h Street Pedestrian Bridge o •• UC _11III_Z o wO z t—I I•. Lt U� wWo ,a L z — �, Oz wv+ OC L p O Z e� �e+o -J • L V O O a ij J o_II—IIIXo Z Z aZ LLo o n v, W wu no . 0 - O inance should be directed to the Human Rights and Relations Department at(402)444-5055. *Refer any questions regarding the hid or specifications directly to the Purchasing Department at(102)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: Net 30 444... Firm Mid American Signal, Inc. /' Incorporated In: Kansas Delivery(or completion) Name Jordan Schwening Signatur&; 91 Calendar days following award Title Regional Sales Manager Phone 91 . ' 432-5002 Fax.843432-2213 Address 2429 South Mill Street Kansa City KS 66103 StreetPOBox City State Zip E-Mail Address jordans(a�midamsignal.com x ises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set REVISION q 2s' •.....,...'A' h. ._......._.. ... C0._.._. ... g8... gt'd•.... 2- ..• o.7f.._ _W .Z.... -61 A a. ... a�o � 8moz _� �o. p � �^Z z CAI p ge K >>cA 8 H .44N mm .o c,i O (� Z `a'1 o'Im -si-"� 'amRomt`o i P u 4 S2.t Y.•1Oom4 o ic1 S�' 1X+1r 2� s !� " FOz o$��o� cSA��o el.oi u N17� : $2.5 z �m X1 p • € "gym s >r7 sm�o= S36$gg� f � nmm 1pi9 § D•— A % • A 2 1 f-•. m N m.. 55 g5li s:o Aso E § _ doh ddb80 8mo • 5.4 ng ' ( ro o o ' �? mm cI " o � QA oc s "� � g g g RR 6i. • rnRum !!1 vgqg 2 ts�o \ o ciy+oio8..oo A 08o o va 8 _..... .. o o ° ' a Eiiyg z� m q h Rn SRA4 r h9 mo \ rot0 . R ' :!i 0 4 v t7 pF 9m a$ �'c £j 10��' 16;9w� g ri £r RR go 7,:8 " 8uy • 4 g �^ CR18ls ^m � t ‘. � '�'�� CN. 'N �ot�" 9 � ' oo G u m ^ r � � ? � x.J t> igr3 8. -..,, .- ` 1� w m'..I op, SCALE: 1•= 100. 3 2 THOMPSON,DREESSEN DORNER INC. WEST SHORES REPEAT 4 DATE: OCT. 13, 2007 m soz, Consulting O D M Engineers H La N d Surveyors f 0936 OLD MILL ROAD OMAHA,N RASKA 68154 DRAWN!A': RJR • 1'�. PHONE:402330,8860 FAX 402.330.5866 EMAIL TD2MAILOTD2CO.COM FINAL PLAT 0N00088 9r JOW 00 Wp95RE:V.WW.TD2C0.COM REVISION COOPERATION AGREEMENT THIS COO ERATION AGREEMENT ("Agreement") is hereby made and entered into this aday of t6 1 ilia pci, 2008 between CREIGHTON UNIVERSITY, a Nebraska non- profit corporation with itscipal place of business at 2500 California Plaza, Omaha,Nebraska 68178, (hereinafter referred to as "University") and THE CITY OF OMAHA, a municipal corporation (hereinafter referred to as "City"); collectively known as "the Parties". WHEREAS, certain City streets have been designated as being eligible for Federal High Priority, Discretionary ("DPU") Funds by the Department of Transportation, Federal Highway Administration (hereinafter referred to as "FHWA"), in compliance with Federal laws pertaining thereto, and WHEREAS, DPU Funds have been made available by Title 23 of the United States Code, providing for improvements on eligible City Streets, and WHEREAS, the Federal share payable on any portion of a DPU project will be a maximum of 80 percent of the eligible costs, and WHEREAS, the regulations further permit the use of funds other than State funds in matching Federal Funds for the improvements of those streets, and WHEREAS, regulations for implementing the provisions of the above mentioned act provide that the Federal share of the cost of those projects will be paid only to the State, and WHEREAS, the City desires that a project described as the Burt Street Improvement Project which includes pedestrian safety improvements, sidewalk replacement, utility improvements, storm water inlet replacements, lighting and landscaping, as described on attached EXHIBIT "A" be constructed under the designation of Project No. DPU-5110(1), as evidenced by the Resolution of the City dated the day of 200 , attached as EXHIBIT "B" and made a part of this agreement (the "Project"); and WHEREAS, the University will benefit from the Project, and in consideration of receiving that benefit, the University agrees to pay the 20 percent match, as outlined in this Agreement (the "Local Match"); and WHEREAS, if the City is to receive Federal participation for any portion of the work on the proposed Project, it is necessary all phases of work comply with Federal requirements and procedures; and WHEREAS, the City shall supervise the contract letting and ensure that the Project receives the same degree of supervision and inspection as a project constructed under a contract let and directly supervised by the State; and WHEREAS, the State is willing to cooperate to the end of obtaining Federal approval of the proposed Project and Federal Funds for the construction of the proposed improvement, with the understanding that no State Funds are to be expended on the Project; and r. This will be subject to audit, if the State deems that one is necessary. Project No. DPU-5110(1) -9- Burt Street, 23'd to 30d'Streets Roadway Improvements t No. DPU-5110(1) -4- Burt Street, 23'6 to 30th Streets Roadway Improvements 24'h Street Pedestrian Bridge o •• UC _11III_Z o wO z t—I I•. Lt U� wWo ,a L z — �, Oz wv+ OC L p O Z e� �e+o -J • L V O O a ij J o_II—IIIXo Z Z aZ LLo o n v, W wu no . 0 - O inance should be directed to the Human Rights and Relations Department at(402)444-5055. *Refer any questions regarding the hid or specifications directly to the Purchasing Department at(102)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: Net 30 444... Firm Mid American Signal, Inc. /' Incorporated In: Kansas Delivery(or completion) Name Jordan Schwening Signatur&; 91 Calendar days following award Title Regional Sales Manager Phone 91 . ' 432-5002 Fax.843432-2213 Address 2429 South Mill Street Kansa City KS 66103 StreetPOBox City State Zip E-Mail Address jordans(a�midamsignal.com x ises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set REVISION q 2s' •.....,...'A' h. ._......._.. ... C0._.._. ... g8... gt'd•.... 2- ..• o.7f.._ _W .Z.... -61 A a. ... a�o � 8moz _� �o. p � �^Z z CAI p ge K >>cA 8 H .44N mm .o c,i O (� Z `a'1 o'Im -si-"� 'amRomt`o i P u 4 S2.t Y.•1Oom4 o ic1 S�' 1X+1r 2� s !� " FOz o$��o� cSA��o el.oi u N17� : $2.5 z �m X1 p • € "gym s >r7 sm�o= S36$gg� f � nmm 1pi9 § D•— A % • A 2 1 f-•. m N m.. 55 g5li s:o Aso E § _ doh ddb80 8mo • 5.4 ng ' ( ro o o ' �? mm cI " o � QA oc s "� � g g g RR 6i. • rnRum !!1 vgqg 2 ts�o \ o ciy+oio8..oo A 08o o va 8 _..... .. o o ° ' a Eiiyg z� m q h Rn SRA4 r h9 mo \ rot0 . R ' :!i 0 4 v t7 pF 9m a$ �'c £j 10��' 16;9w� g ri £r RR go 7,:8 " 8uy • 4 g �^ CR18ls ^m � t ‘. � '�'�� CN. 'N �ot�" 9 � ' oo G u m ^ r � � ? � x.J t> igr3 8. -..,, .- ` 1� w m'..I op, SCALE: 1•= 100. 3 2 THOMPSON,DREESSEN DORNER INC. WEST SHORES REPEAT 4 DATE: OCT. 13, 2007 m soz, Consulting O D M Engineers H La N d Surveyors f 0936 OLD MILL ROAD OMAHA,N RASKA 68154 DRAWN!A': RJR • 1'�. PHONE:402330,8860 FAX 402.330.5866 EMAIL TD2MAILOTD2CO.COM FINAL PLAT 0N00088 9r JOW 00 Wp95RE:V.WW.TD2C0.COM REVISION WHEREAS, the estimated budget for the Project (hereinafter referred to as "Project Budget") is $1,820,000, and funding sources for the Project consist of DPU Funds, and the Local Match; and, WHEREAS, the DPU Funds available for the Project Budget are estimated to be $1,456,000; and WHEREAS, the estimated availability of the DPU Funds for the Project Budget requires an estimated Local Match of$364,000, to be paid by University; and, WHEREAS, the City of Omaha will comply with all the terms of the Agreement between the City of Omaha and the Nebraska Department of Roads (the "NDOR") pertaining to construction of the Project, a copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference (the "NDOR Agreement"); and WHEREAS, the University will adhere to all the requirements of the NDOR Agreement which are applicable to the City; and WHEREAS, the parties acknowledge that the Project funding includes pass-through monies from the FHWA, and federal law requires that if a non-federal entity expends $500,000 or more in total federal awards in a fiscal year, then the A-133 audit is required; and WHEREAS, the University agrees to have an A-133 audit performed and to provide the City with a copy of the audit results, during the period of time this Agreement is in effect. NOW THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, the University and the City do mutually undertake, promise, agree and contract each for itself and its successors and assigns as follows: I. PURPOSE The purpose of this Agreement is to allocate the responsibilities of the Parties in connection with the Project including specifying that the University shall: (1) contribute the Local Match and (2) perform certain of the City's responsibilities and obligations with respect to the Project, with the city retaining supervisory authority as necessary to comply with Federal Law. II. DURATION This Agreement shall be in full force and effect from and after the date of execution until the latest of(a) one year following the date of completion of the construction of the Project, (b) the date upon which all obligations incurred for the Project have been paid and discharged in accordance with the terms and conditions of the resolution, contract or other instrument creating such obligation, or (c) such date as shall be determined by mutual agreement of the City, the NDOR and University; provided, that in the event the Board of Directors of the University does 2 the proposed Project and Federal Funds for the construction of the proposed improvement, with the understanding that no State Funds are to be expended on the Project; and r. This will be subject to audit, if the State deems that one is necessary. Project No. DPU-5110(1) -9- Burt Street, 23'd to 30d'Streets Roadway Improvements t No. DPU-5110(1) -4- Burt Street, 23'6 to 30th Streets Roadway Improvements 24'h Street Pedestrian Bridge o •• UC _11III_Z o wO z t—I I•. Lt U� wWo ,a L z — �, Oz wv+ OC L p O Z e� �e+o -J • L V O O a ij J o_II—IIIXo Z Z aZ LLo o n v, W wu no . 0 - O inance should be directed to the Human Rights and Relations Department at(402)444-5055. *Refer any questions regarding the hid or specifications directly to the Purchasing Department at(102)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: Net 30 444... Firm Mid American Signal, Inc. /' Incorporated In: Kansas Delivery(or completion) Name Jordan Schwening Signatur&; 91 Calendar days following award Title Regional Sales Manager Phone 91 . ' 432-5002 Fax.843432-2213 Address 2429 South Mill Street Kansa City KS 66103 StreetPOBox City State Zip E-Mail Address jordans(a�midamsignal.com x ises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set REVISION q 2s' •.....,...'A' h. ._......._.. ... C0._.._. ... g8... gt'd•.... 2- ..• o.7f.._ _W .Z.... -61 A a. ... a�o � 8moz _� �o. p � �^Z z CAI p ge K >>cA 8 H .44N mm .o c,i O (� Z `a'1 o'Im -si-"� 'amRomt`o i P u 4 S2.t Y.•1Oom4 o ic1 S�' 1X+1r 2� s !� " FOz o$��o� cSA��o el.oi u N17� : $2.5 z �m X1 p • € "gym s >r7 sm�o= S36$gg� f � nmm 1pi9 § D•— A % • A 2 1 f-•. m N m.. 55 g5li s:o Aso E § _ doh ddb80 8mo • 5.4 ng ' ( ro o o ' �? mm cI " o � QA oc s "� � g g g RR 6i. • rnRum !!1 vgqg 2 ts�o \ o ciy+oio8..oo A 08o o va 8 _..... .. o o ° ' a Eiiyg z� m q h Rn SRA4 r h9 mo \ rot0 . R ' :!i 0 4 v t7 pF 9m a$ �'c £j 10��' 16;9w� g ri £r RR go 7,:8 " 8uy • 4 g �^ CR18ls ^m � t ‘. � '�'�� CN. 'N �ot�" 9 � ' oo G u m ^ r � � ? � x.J t> igr3 8. -..,, .- ` 1� w m'..I op, SCALE: 1•= 100. 3 2 THOMPSON,DREESSEN DORNER INC. WEST SHORES REPEAT 4 DATE: OCT. 13, 2007 m soz, Consulting O D M Engineers H La N d Surveyors f 0936 OLD MILL ROAD OMAHA,N RASKA 68154 DRAWN!A': RJR • 1'�. PHONE:402330,8860 FAX 402.330.5866 EMAIL TD2MAILOTD2CO.COM FINAL PLAT 0N00088 9r JOW 00 Wp95RE:V.WW.TD2C0.COM REVISION not approve the cost estimate for the Project, then this Agreement shall terminate on the date thereafter that any obligations incurred for the Project have been paid and discharged in accordance with the terms of this Agreement. III. ADMINISTRATOR For purposes of constructing the Project, the University is hereby designated as Administrator for the Project to act for and on behalf of the City, the NDOR and the University. The Administrator may enter into or amend one or more contracts and agreements in accordance with the provisions of this Agreement with respect to the planning, contracting for, acquiring, insuring, and all other aspects of the Project. Notwithstanding the generality of the foregoing, the City will supervise the letting of the contract for the Project construction. IV. UNIVERSITY'S PERFORMANCE The University shall perform, or cause to be performed, as appropriate, the following tasks at its sole expense: a) Develop engineering plans by registered professional engineers for the Project in accordance with the City of Omaha Standard Specifications, including a cost estimate for the Project, promptly after the execution and approval of this Agreement. The professional engineers will be selected in accordance with City Code requirements for Certain Professional Services. b) Submit the cost estimate for the Project to the Board of Directors of the University for consideration and approval. c) Subject to approval of the cost estimate for the Project by the Board of Directors of the University, present the engineering plans to City and the NDOR for approval prior to the start of the City's competitive bid process for the construction of the Project. d) Pay the Local Match, as described in Section VI below. • e) Comply with all the terms of the NDOR Agreement which are applicable to the City. f) Provide construction management services for the Project without cost to the City. 3 after the date of execution until the latest of(a) one year following the date of completion of the construction of the Project, (b) the date upon which all obligations incurred for the Project have been paid and discharged in accordance with the terms and conditions of the resolution, contract or other instrument creating such obligation, or (c) such date as shall be determined by mutual agreement of the City, the NDOR and University; provided, that in the event the Board of Directors of the University does 2 the proposed Project and Federal Funds for the construction of the proposed improvement, with the understanding that no State Funds are to be expended on the Project; and r. This will be subject to audit, if the State deems that one is necessary. Project No. DPU-5110(1) -9- Burt Street, 23'd to 30d'Streets Roadway Improvements t No. DPU-5110(1) -4- Burt Street, 23'6 to 30th Streets Roadway Improvements 24'h Street Pedestrian Bridge o •• UC _11III_Z o wO z t—I I•. Lt U� wWo ,a L z — �, Oz wv+ OC L p O Z e� �e+o -J • L V O O a ij J o_II—IIIXo Z Z aZ LLo o n v, W wu no . 0 - O inance should be directed to the Human Rights and Relations Department at(402)444-5055. *Refer any questions regarding the hid or specifications directly to the Purchasing Department at(102)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: Net 30 444... Firm Mid American Signal, Inc. /' Incorporated In: Kansas Delivery(or completion) Name Jordan Schwening Signatur&; 91 Calendar days following award Title Regional Sales Manager Phone 91 . ' 432-5002 Fax.843432-2213 Address 2429 South Mill Street Kansa City KS 66103 StreetPOBox City State Zip E-Mail Address jordans(a�midamsignal.com x ises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set REVISION q 2s' •.....,...'A' h. ._......._.. ... C0._.._. ... g8... gt'd•.... 2- ..• o.7f.._ _W .Z.... -61 A a. ... a�o � 8moz _� �o. p � �^Z z CAI p ge K >>cA 8 H .44N mm .o c,i O (� Z `a'1 o'Im -si-"� 'amRomt`o i P u 4 S2.t Y.•1Oom4 o ic1 S�' 1X+1r 2� s !� " FOz o$��o� cSA��o el.oi u N17� : $2.5 z �m X1 p • € "gym s >r7 sm�o= S36$gg� f � nmm 1pi9 § D•— A % • A 2 1 f-•. m N m.. 55 g5li s:o Aso E § _ doh ddb80 8mo • 5.4 ng ' ( ro o o ' �? mm cI " o � QA oc s "� � g g g RR 6i. • rnRum !!1 vgqg 2 ts�o \ o ciy+oio8..oo A 08o o va 8 _..... .. o o ° ' a Eiiyg z� m q h Rn SRA4 r h9 mo \ rot0 . R ' :!i 0 4 v t7 pF 9m a$ �'c £j 10��' 16;9w� g ri £r RR go 7,:8 " 8uy • 4 g �^ CR18ls ^m � t ‘. � '�'�� CN. 'N �ot�" 9 � ' oo G u m ^ r � � ? � x.J t> igr3 8. -..,, .- ` 1� w m'..I op, SCALE: 1•= 100. 3 2 THOMPSON,DREESSEN DORNER INC. WEST SHORES REPEAT 4 DATE: OCT. 13, 2007 m soz, Consulting O D M Engineers H La N d Surveyors f 0936 OLD MILL ROAD OMAHA,N RASKA 68154 DRAWN!A': RJR • 1'�. PHONE:402330,8860 FAX 402.330.5866 EMAIL TD2MAILOTD2CO.COM FINAL PLAT 0N00088 9r JOW 00 Wp95RE:V.WW.TD2C0.COM REVISION V. CITY'S PERFORMANCE City shall perform, or cause to be performed, as appropriate, the following tasks: a) Pursuant to the City's bidding and public procurement requirements, and subject to approval of the cost estimate for the Project by the Board of Directors of the University, secure the services of a contractor for the construction of the Project with Project completion date as mutually agreed upon between the City and the University; provided, however, that City shall not award a contract to any contractor for work without the express written authorization of University and the NDOR. b) Subject to approval of the cost estimate for the Project by the Board of Directors of the University, obtain any right of way or easements necessary for the Project. VI. COST OF PROJECT The University shall pay the Local Match, which shall include any cost to the City to obtain any right of way or easements necessary for the Project. The City shall bill Creighton every thirty (30) days commencing thirty (30) days after the start of work of the Project for work completed up to that time period. Creighton shall make payments in accordance with the Nebraska Prompt Payment Act. At the time the Project contract is executed, the parties will establish an escrow account into which Creighton will deposit a sum of money equal to the estimated costs associated with the first two months' expense under the contract, based on an agreed-upon schedule of payments provided by the general contractor. Any earnings on the funds in the escrow account shall accrue to Creighton's benefit. IX. CONFLICT OF INTEREST Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no elected official or any officer or employee of City shall have a financial interest, direct or indirect, in this Agreement. X. DISCRIMINATION Neither the University nor the City shall, in the performance of this Agreement, discriminate or peiniit discrimination against any person because of race, sex, age, national origin, political beliefs or affiliations in violation of federal or state laws. XI. AMENDMENT This Agreement may be amended in writing signed by the City and the University. Any amendment to this Agreement must first be approved by resolution of the governing body of each Party. 4 igation, or (c) such date as shall be determined by mutual agreement of the City, the NDOR and University; provided, that in the event the Board of Directors of the University does 2 the proposed Project and Federal Funds for the construction of the proposed improvement, with the understanding that no State Funds are to be expended on the Project; and r. This will be subject to audit, if the State deems that one is necessary. Project No. DPU-5110(1) -9- Burt Street, 23'd to 30d'Streets Roadway Improvements t No. DPU-5110(1) -4- Burt Street, 23'6 to 30th Streets Roadway Improvements 24'h Street Pedestrian Bridge o •• UC _11III_Z o wO z t—I I•. Lt U� wWo ,a L z — �, Oz wv+ OC L p O Z e� �e+o -J • L V O O a ij J o_II—IIIXo Z Z aZ LLo o n v, W wu no . 0 - O inance should be directed to the Human Rights and Relations Department at(402)444-5055. *Refer any questions regarding the hid or specifications directly to the Purchasing Department at(102)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: Net 30 444... Firm Mid American Signal, Inc. /' Incorporated In: Kansas Delivery(or completion) Name Jordan Schwening Signatur&; 91 Calendar days following award Title Regional Sales Manager Phone 91 . ' 432-5002 Fax.843432-2213 Address 2429 South Mill Street Kansa City KS 66103 StreetPOBox City State Zip E-Mail Address jordans(a�midamsignal.com x ises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set REVISION q 2s' •.....,...'A' h. ._......._.. ... C0._.._. ... g8... gt'd•.... 2- ..• o.7f.._ _W .Z.... -61 A a. ... a�o � 8moz _� �o. p � �^Z z CAI p ge K >>cA 8 H .44N mm .o c,i O (� Z `a'1 o'Im -si-"� 'amRomt`o i P u 4 S2.t Y.•1Oom4 o ic1 S�' 1X+1r 2� s !� " FOz o$��o� cSA��o el.oi u N17� : $2.5 z �m X1 p • € "gym s >r7 sm�o= S36$gg� f � nmm 1pi9 § D•— A % • A 2 1 f-•. m N m.. 55 g5li s:o Aso E § _ doh ddb80 8mo • 5.4 ng ' ( ro o o ' �? mm cI " o � QA oc s "� � g g g RR 6i. • rnRum !!1 vgqg 2 ts�o \ o ciy+oio8..oo A 08o o va 8 _..... .. o o ° ' a Eiiyg z� m q h Rn SRA4 r h9 mo \ rot0 . R ' :!i 0 4 v t7 pF 9m a$ �'c £j 10��' 16;9w� g ri £r RR go 7,:8 " 8uy • 4 g �^ CR18ls ^m � t ‘. � '�'�� CN. 'N �ot�" 9 � ' oo G u m ^ r � � ? � x.J t> igr3 8. -..,, .- ` 1� w m'..I op, SCALE: 1•= 100. 3 2 THOMPSON,DREESSEN DORNER INC. WEST SHORES REPEAT 4 DATE: OCT. 13, 2007 m soz, Consulting O D M Engineers H La N d Surveyors f 0936 OLD MILL ROAD OMAHA,N RASKA 68154 DRAWN!A': RJR • 1'�. PHONE:402330,8860 FAX 402.330.5866 EMAIL TD2MAILOTD2CO.COM FINAL PLAT 0N00088 9r JOW 00 Wp95RE:V.WW.TD2C0.COM REVISION XII. MISCELLANEOUS The instrument, along with the attached exhibits, contains the entire agreement of the parties and shall be binding upon the successors and assigns of the respective parties. No amendment, deletions, or additions shall be made to this Agreement except in writing. EXECUTED this day of r�►7.16c J , 200g CITY OF OMAHA,NEBRASKA, CREIGHTON UNIVERSITY, a municipal corporation a Nebraska non-profit corporation koz7a����w ��� /' /- O r Mike Fahey Daniel E. Burkey Mayor of the City of Omaha Vice President for Ad istration &Finance ATTEST: ; .r ,� f f. F. Buster:,Brown, .• • Ci<ty,IClerk of the City of Omaha APPROVED AS TO FORM uty City Attorney 5 1 i APPROVED AS TO FORM ty City Attorney 5 \ � . : x • COOPERATION AGREEMENT EXHIBIT A Project Description Project No. DPU-5110(1): Burt Street Improvements This element of the Cuming Street Transportation Improvement Project consists of landscaping, pedestrian lighting and other improvements along a section of the Burt Street corridor. On both the north and south sides of Burt between 21st and 30th Streets, pedestrian sidewalk bump outs will be added to enhance pedestrian crossing safety. Storm water inlet improvements may be required at these locations. The project includes removal of existing broken sidewalks and replacement with wider sidewalks, which will require retaining walls at some locations. The project includes the addition of landscaping, trees and pedestrian scale lighting. Adjustments to and/or burial of overhead utilities may be required. Additionally, the project includes a sidewalk cover to shield pedestrians from road debris and snow/ice removal as pedestrians walk under the U.S.-75 bridges along Burt Street on their way to and from the medical center campus. The sidewalk cover will include additional lighting to enhance pedestrian safety. 6 hall make payments in accordance with the Nebraska Prompt Payment Act. At the time the Project contract is executed, the parties will establish an escrow account into which Creighton will deposit a sum of money equal to the estimated costs associated with the first two months' expense under the contract, based on an agreed-upon schedule of payments provided by the general contractor. Any earnings on the funds in the escrow account shall accrue to Creighton's benefit. IX. CONFLICT OF INTEREST Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no elected official or any officer or employee of City shall have a financial interest, direct or indirect, in this Agreement. X. DISCRIMINATION Neither the University nor the City shall, in the performance of this Agreement, discriminate or peiniit discrimination against any person because of race, sex, age, national origin, political beliefs or affiliations in violation of federal or state laws. XI. AMENDMENT This Agreement may be amended in writing signed by the City and the University. Any amendment to this Agreement must first be approved by resolution of the governing body of each Party. 4 igation, or (c) such date as shall be determined by mutual agreement of the City, the NDOR and University; provided, that in the event the Board of Directors of the University does 2 the proposed Project and Federal Funds for the construction of the proposed improvement, with the understanding that no State Funds are to be expended on the Project; and r. This will be subject to audit, if the State deems that one is necessary. Project No. DPU-5110(1) -9- Burt Street, 23'd to 30d'Streets Roadway Improvements t No. DPU-5110(1) -4- Burt Street, 23'6 to 30th Streets Roadway Improvements 24'h Street Pedestrian Bridge o •• UC _11III_Z o wO z t—I I•. Lt U� wWo ,a L z — �, Oz wv+ OC L p O Z e� �e+o -J • L V O O a ij J o_II—IIIXo Z Z aZ LLo o n v, W wu no . 0 - O inance should be directed to the Human Rights and Relations Department at(402)444-5055. *Refer any questions regarding the hid or specifications directly to the Purchasing Department at(102)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: Net 30 444... Firm Mid American Signal, Inc. /' Incorporated In: Kansas Delivery(or completion) Name Jordan Schwening Signatur&; 91 Calendar days following award Title Regional Sales Manager Phone 91 . ' 432-5002 Fax.843432-2213 Address 2429 South Mill Street Kansa City KS 66103 StreetPOBox City State Zip E-Mail Address jordans(a�midamsignal.com x ises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set REVISION q 2s' •.....,...'A' h. ._......._.. ... C0._.._. ... g8... gt'd•.... 2- ..• o.7f.._ _W .Z.... -61 A a. ... a�o � 8moz _� �o. p � �^Z z CAI p ge K >>cA 8 H .44N mm .o c,i O (� Z `a'1 o'Im -si-"� 'amRomt`o i P u 4 S2.t Y.•1Oom4 o ic1 S�' 1X+1r 2� s !� " FOz o$��o� cSA��o el.oi u N17� : $2.5 z �m X1 p • € "gym s >r7 sm�o= S36$gg� f � nmm 1pi9 § D•— A % • A 2 1 f-•. m N m.. 55 g5li s:o Aso E § _ doh ddb80 8mo • 5.4 ng ' ( ro o o ' �? mm cI " o � QA oc s "� � g g g RR 6i. • rnRum !!1 vgqg 2 ts�o \ o ciy+oio8..oo A 08o o va 8 _..... .. o o ° ' a Eiiyg z� m q h Rn SRA4 r h9 mo \ rot0 . R ' :!i 0 4 v t7 pF 9m a$ �'c £j 10��' 16;9w� g ri £r RR go 7,:8 " 8uy • 4 g �^ CR18ls ^m � t ‘. � '�'�� CN. 'N �ot�" 9 � ' oo G u m ^ r � � ? � x.J t> igr3 8. -..,, .- ` 1� w m'..I op, SCALE: 1•= 100. 3 2 THOMPSON,DREESSEN DORNER INC. WEST SHORES REPEAT 4 DATE: OCT. 13, 2007 m soz, Consulting O D M Engineers H La N d Surveyors f 0936 OLD MILL ROAD OMAHA,N RASKA 68154 DRAWN!A': RJR • 1'�. PHONE:402330,8860 FAX 402.330.5866 EMAIL TD2MAILOTD2CO.COM FINAL PLAT 0N00088 9r JOW 00 Wp95RE:V.WW.TD2C0.COM REVISION C-2,sa, CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha will receive discretionary funds from the Federal Highway Administration through the Nebraska Department of Roads (NDOR) for the design and construction of sidewalk replacements, pedestrian bump outs, landscaping, trees, lighting and other elements for the enhancement of Burt Street from 21st Street to 30th Street; and, WHEREAS, Creighton University will provide funds to cover the local 20 percent share for the project and Creighton University will adhere to all provisions of the attached Cooperation Agreement, which by this reference becomes part herein; and, WHEREAS, the City of Omaha, Public Works Department will supervise the bid letting for the project and bill the Nebraska Department of Roads and Creighton University for the costs associated with the project; and, WHEREAS, the cost of engineering, right-of-way, nonbetterment utility relocation, construction and construction engineering is estimated to be $1,820,000 with 80% being pass through Federal Funds and 20% of that amount will be paid by Creighton University. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Cooperation Agreement between the City of Omaha and Creighton University for design and construction of sidewalk replacements, pedestrian bump outs, landscaping., trees, lighting and other elements for the enhancement of Burt Street from 21st Street to 30t Street which is estimated to be $1,820,000 with 80% being pass through Federal Funds and 20% of that amount will be paid by Creighton University, is hereby approved. 1011hxf APPROVED AS TO FORM: ( --.‘-'4P/ 1:"...... CITY ATTORNEY DATE By 1004f-fi 94elrak Councilmember Adopted ' EB 1 —2--=2,Aff i ay l 1114"4 lict City Clerk Approved/�� {... Mayor mination against any person because of race, sex, age, national origin, political beliefs or affiliations in violation of federal or state laws. XI. AMENDMENT This Agreement may be amended in writing signed by the City and the University. Any amendment to this Agreement must first be approved by resolution of the governing body of each Party. 4 igation, or (c) such date as shall be determined by mutual agreement of the City, the NDOR and University; provided, that in the event the Board of Directors of the University does 2 the proposed Project and Federal Funds for the construction of the proposed improvement, with the understanding that no State Funds are to be expended on the Project; and r. This will be subject to audit, if the State deems that one is necessary. Project No. DPU-5110(1) -9- Burt Street, 23'd to 30d'Streets Roadway Improvements t No. DPU-5110(1) -4- Burt Street, 23'6 to 30th Streets Roadway Improvements 24'h Street Pedestrian Bridge o •• UC _11III_Z o wO z t—I I•. Lt U� wWo ,a L z — �, Oz wv+ OC L p O Z e� �e+o -J • L V O O a ij J o_II—IIIXo Z Z aZ LLo o n v, W wu no . 0 - O inance should be directed to the Human Rights and Relations Department at(402)444-5055. *Refer any questions regarding the hid or specifications directly to the Purchasing Department at(102)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: Net 30 444... Firm Mid American Signal, Inc. /' Incorporated In: Kansas Delivery(or completion) Name Jordan Schwening Signatur&; 91 Calendar days following award Title Regional Sales Manager Phone 91 . ' 432-5002 Fax.843432-2213 Address 2429 South Mill Street Kansa City KS 66103 StreetPOBox City State Zip E-Mail Address jordans(a�midamsignal.com x ises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set REVISION q 2s' •.....,...'A' h. ._......._.. ... C0._.._. ... g8... gt'd•.... 2- ..• o.7f.._ _W .Z.... -61 A a. ... a�o � 8moz _� �o. p � �^Z z CAI p ge K >>cA 8 H .44N mm .o c,i O (� Z `a'1 o'Im -si-"� 'amRomt`o i P u 4 S2.t Y.•1Oom4 o ic1 S�' 1X+1r 2� s !� " FOz o$��o� cSA��o el.oi u N17� : $2.5 z �m X1 p • € "gym s >r7 sm�o= S36$gg� f � nmm 1pi9 § D•— A % • A 2 1 f-•. m N m.. 55 g5li s:o Aso E § _ doh ddb80 8mo • 5.4 ng ' ( ro o o ' �? mm cI " o � QA oc s "� � g g g RR 6i. • rnRum !!1 vgqg 2 ts�o \ o ciy+oio8..oo A 08o o va 8 _..... .. o o ° ' a Eiiyg z� m q h Rn SRA4 r h9 mo \ rot0 . R ' :!i 0 4 v t7 pF 9m a$ �'c £j 10��' 16;9w� g ri £r RR go 7,:8 " 8uy • 4 g �^ CR18ls ^m � t ‘. � '�'�� CN. 'N �ot�" 9 � ' oo G u m ^ r � � ? � x.J t> igr3 8. -..,, .- ` 1� w m'..I op, SCALE: 1•= 100. 3 2 THOMPSON,DREESSEN DORNER INC. WEST SHORES REPEAT 4 DATE: OCT. 13, 2007 m soz, Consulting O D M Engineers H La N d Surveyors f 0936 OLD MILL ROAD OMAHA,N RASKA 68154 DRAWN!A': RJR • 1'�. PHONE:402330,8860 FAX 402.330.5866 EMAIL TD2MAILOTD2CO.COM FINAL PLAT 0N00088 9r JOW 00 Wp95RE:V.WW.TD2C0.COM REVISION •� o ' O .� ou co OCD • P a o 54 PJa $tee 0 "s IV 5• a' n CD . - cn C dfaOc40UQ 6 0 po 'i Q" o CD E. 'b a5, o a -• na8 ,• \ c cra vI O 0 ° OI CDO oo 1-noh. IhiUdfi q " a ,'S N E 00 �. ,,, PLe Po cnCS 0 E 0 0 FIL 0 ; = Ao N ri, ,.O .r CD 8- CD 1-1 n CAD ,-• CD r* 0t -t Cr a'on cr •-t- T• di' �i on O ,-C co .� co O co vry CD \ \ _ AS TO FORM uty City Attorney 5 1 i APPROVED AS TO FORM ty City Attorney 5 \ � . : x