ORD 42783 - Cost Participation Agmt with Omaha-Douglas Public Building Commission for right-of-way improvements ORDINANCE NO. L1-2--
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AN ORDINANCE to approve and execute a Cost Participation Agreement involving the payment
of money from appropriations of more than one year in accordance with Section 5.17 of
the Home Rule Charter of the City of Omaha, 1956, as amended between the Omaha-
Douglas Public Building Commission, a body politic, and the City of Omaha, Nebraska, a
Nebraska Municipal Corporation in an amount up to $800,000 for improvements in the
right-of-way and on the property adjacent to the right-of-way constructed by the
Commission as part of the Douglas County Justice Center Project; to authorize payment
from 2018 Transportation Bond Fund 13185, Transportation Bonds Organization 117117
in the amount up to $634,000 and the Downtown TIF Fund 12117, Organization 124057
in the amount up to $166,000; and to provide an effective date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That authority is hereby given for the execution of the attached Cost
Participation Agreement involving the payment of money from appropriations of more than one
year in accordance with Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as
amended, by and between the Omaha-Douglas Public Building Commission, a body politic, and
the City of Omaha, Nebraska, a Nebraska Municipal Corporation in an amount up to $800,000 to
reimburse the Commission for the cost of constructing improvements in the right-of-way and on
the property adjacent to the right-of-way.
Section 2. That the Mayor of the City of Omaha be, and hereby is, authorized and
empowered to execute for and on behalf of the City of Omaha, and the City Clerk to attest, the
attached Cost Participation Agreement authorized and approved in Section 1 hereof, attached
hereto.
Section 3. That the Finance Director is authorized to make payment in accordance with
the terms and conditions contained therein from the 2018 Transportation Bond Fund 13185,
ORDINANCE NO. LF��
PAGE 2
Transportation Bonds Organization 117117 in the amount up to $634,000 and the Downtown
TIF Fund 12117, Organization 124057 in the amount up to $166,000.
Section 4. That this Ordinance, not being of legislative in character, shall be in full force
and take effect upon its date of passage.
INTRODUCED BY COUNCILMEMBER
40" pet .
APPROV D BY:
PASSED DEC 1 4 ZU1 MAYbR O THE CI ,Y OF OMAHA DATE
F. TING
ATTEST:
lz-is-7C2.
CITY CLERK OF CITY OF OMAHA DATE
APPROVED AS TO FORM:
� , . . )2- Z/
DEPUTY CITY ATTOR Y A E
2021\20537se1
COST PARTICIPATION AGREEMENT
This Cost Participation Agreement (hereinafter referred to as "Agreement") is made and
entered into this)5"aay of 2021 by and between and the Omaha Douglas Public
Building Commission, a body politic, 1819 Farnam Street, Suite 1205, Omaha, NE 68183
(hereinafter referred to as"Commission")and the City of Omaha,Nebraska,a Nebraska Municipal
Corporation(hereinafter referred to as the"City") (each a"Party" and collectively the "Parties").
PRELIMINARY STATEMENTS
WHEREAS, the City owns and maintains a public roadway, Harney Street, which is
adjacent to property owned by the Commission; and,
WHEREAS, the Commission is in the process of constructing the Douglas County Justice
Center located at 1723 Harney Street which will involve constructing improvements
("Improvements") in the right-of-way and on the property adjacent to that right-of-way; and,
WHEREAS, the parties acknowledge and agree that it is in the best interest and would be
mutually advantageous to both the Commission and the City for the Commission to complete the
Improvements which involves construction in the City right-of-way and the property immediately
adjacent to the right-of-way described in Exhibit"A" attached hereto.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS SET
FORTH HEREIN, THE COMMISSION AND THE CITY, DO HEREBY AGREE AND
CONTRACT WITH EACH OTHER AS FOLLOWS:
1. No administrative entity. There will be no separate, legal or administrative entity
created to administer this Agreement. Accordingly, no separate budget needs to be
established.
2. Public improvements/plans and designs. The Commission, through the Douglas
County Unified Center Development Corp., has contracted with HDR, registered
engineers in the State of Nebraska,for the preparation of plans and specification for the
construction of improvements on Harney Street adjacent to the Douglas County Justice
Center which plans and specifications have been provided to the City for review, have
been approved by the City. Any work related to parking meters and parking signs will
be handled by the City and not included in Commission's cost.
3. Right-of-Way. All right-of-way or easements deemed necessary for the construction
of the Improvements located within the boundaries of property owned by either of the
parties, as applicable, shall be provided by such party at no cost.
4. Construction of improvements.
a.) The Commission hereby agrees to cause the Improvements to be constructed in
accordance with the final plans and specifications approved by the parties hereto in
accordance with Section 2 above and to provide construction administration and
construction management related to the Improvements. During the course of
construction of the Improvements, either party may at any time cause inspection of
the work to ensure compliance with the final plans and specifications and costs.
The parties agree that the City will own, operate and at its cost, maintain the street
pavement, public storm sewer, striping, traffic signals within the public right-of-
way upon completion and acceptance of construction by the City of Omaha.
5. Payment of construction costs.
a.) The parties agree that the City shall be responsible for payment of an amount up to,
but not exceeding, $800,000 (the City's share of the cost), and the Commission
shall be responsible for any remaining balance. It is anticipated that the City will
make payments in the following manner:
January 1, 2022 $292,000
July 1, 2022 $468,000
March 1, 2023 $ 40,000(or up to the amount for which City is
responsible)
b.) The Commission shall execute the Construction Contract and be responsible for
direct payment of the final cost to the contractors and any other third-party
contractors, subcontractors, or service providers. The City shall reimburse the
Commission the City's share of the cost upon completion of the work and upon the
schedule detailed in paragraph 5.b) of this Agreement.
6. The purpose of Agreement; timing of work. It is the mutual desire and intention of
the parties that the improvements shall be completed by September 1, 2022.
Accordingly,the parties hereby agree to cooperate with each other and make reasonable
and good faith efforts to perform their obligations hereunder in a timely manner so as
to achieve completion of all the improvements contemplated by the Agreement.
7. Records. The Commission shall maintain records of all construction costs incurred in
connection with the Improvements. The Commission shall provide the City of Omaha
as-built documentation as required by the Public Works Department.
8. Duration. This Agreement shall continue until such time as the Improvements to be
constructed pursuant to this Agreement have been completed and paid for by the parties
unless this Agreement is terminated sooner by written agreement of all parties hereto.
9. Appointment of administrator. The City of Omaha Public Works Department shall
administer this Agreement on behalf of the City, and HDR will administer this
Agreement on behalf of the Commission.
10. Nondiscrimination Clause. In accordance with the Nebraska Fair Employment
Practice Act,Neb. Rev. Stat. 48-1122, all parties to this Agreement agree that they nor
any of their subcontractors or agents shall discriminate against any employee, or
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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 of the employee or applicant,
except as may otherwise be permitted by law.
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11. Drug Free Policy. All parties to this Agreement assure the State that they have
established and maintain a drug free workplace policy.
12. Entire Agreement; Counterparts. 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 the Agreement except in
writing signed by all parties. Nebraska law shall govern the terms and performances
under this Agreement. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which together shall
constitute one instrument. •
13. City Charter. Pursuant to Section 8.05 of the Home Rule Charter, no elected official
or any officer or employee of the City shall have a financial interest, direct or indirect,
in any City contract. Any violation of this section with the knowledge of the person or
corporation contracting with the City shall render the Amendment voidable by the
Mayor or Council.
14. Notice. In further consideration of the mutual covenants herein contained, the parties
hereto expressly agree that for purposes of notice, including legal service of process,
during the term of this Agreement and for the period of any applicable statute of
limitations thereafter, the following named individuals shall be authorized
representatives of the parties:
If to City: •
Public Works Director •
Omaha/Douglas Civic Center
Omaha/Douglas Civic Center
1819 Farnam Street, 6t1' Floor
1819 Farnam Street
Omaha,NE 68183
Omaha,NE 68183
If to the Commission:
Administrator
Omaha/Douglas Civic Center
1819 Farnam Street, Suite 1205
Omaha,NE 68183
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Executed by the CITY OF OMAHA, NEBRASKA, a Nebraska municipal corporation
this /5 day of 1>C___€4,v 10e/V , 2021.
ATTEST: CITY OF OMAHA,a Municipal Corporation
Elizabeth. Butler., ., Clerk Je . Stotlfert, Mayo
APPROVED AS TO FORM:
City Attorney Date
Executed by the OMAHA DOUGLAS PUBLIC BUIDLING COMMISSION this
3(1 day of Nod 6.epe. , 2021.
OMAHA DOUGLAS PUBLIC BUILDING COMMISSION
By:
dminist for
OVED AS TO„li• Ni,.
'^ • 1424
` e City Attorney Date
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EXHIBIT A—Description of Improvements
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Douglas County Justice Center
Public R.O.W.
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Public Right-of-Way(R.O.W.)
Kiewit
2021 Monthly Accum.
October
November $ 283,559 $ 283,559
December $ - $ 283,559
2022
January $ - $ 283,559
February $ - $ 283,559
March $ - $ 283,559
April $ - $ 283,559
May $ 82,443 $ 366,002
June $ 146,986 $ 512,988
July $ 127,144 $ 640,132
August $ 64,544 $ 704,676
September $ 68,238 $ 772,914
October $ 27,086 $ 800,000
November $ - $ 800,000
December $ - $ 800,000
$ 800,000
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Iie ' Estimate Detail
l K'ew,t CONFIDENTIAL
Project Douglas County Justice Center Construction Start 07/01/20
Location Omaha,NE Construction Finish 03/01/23
Client Douglas County Unified Center Development Corp. Update Date 09/10/21
Designer HDR BGSF 257,670
Est.Category Revised Plaza Design-Breakdown
System Description QTY Unit $/Unit Total$ Notes
City ROW
Site Improvements
G10 Grading/Demolition 29,905 SF $ 5.00 $ 149,525
G30 Sewer 1 PLS $ 147,164.00 $ 147,164
B10 Planters 3,160 SF $ 22.50 $ 71,100
G20 Perimeter Drain Tile 1,200 LF $ 25.00 $ 30,000
G20 Landscaping 1 PLS $ 65,000 $ 65,000
B10 Concrete Sidewalks 18,714 SF $ 5.50 $ 102,927
B10 Stamped Concrete 300 SF $ 12.50 $ 3,750
B10 Detectable Warning Plates 155 SF $ 75.00 $ 11,625
B10 Granite Curb-Salvage 1,640 LF $ 15.00 $ 24,600
B10 New Concrete Curb 1,127 LF $ 15.00 $ 16,905
B10 Core Drill for City Parking Meters(Meters by City of Omaha) 6 Ea $ 300.00 $ 1,800
B10 Parking Signs 18 Ea $ 500.00 $ 9,000
B10 Address Signage 1 PLS $ 15,000.00 $ 15,000
Acorn Light Pole Base BY OPPD
B10 City Street Parking/Paving-Reworked 7,576 SF $ 15.00 $ 113,640
Art(By Others)
Subtotal City ROW $ 762,036
General Conditions 1 PLS $ - $ -
Construction Subtotal`$ 762,036
Contingency $0
Warranty $1,067
General Liability $6,868
Construction Fee $30,029
Construction Total-City ROWI$ 800,000 I
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