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ORD 42783 - Cost Participation Agmt with Omaha-Douglas Public Building Commission for right-of-way improvements ORDINANCE NO. L1-2-- � 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 2 • 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. • 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 3 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 4 EXHIBIT A—Description of Improvements 5 i RE ET ET - HARNEY STREET , I \ 1 --, , 1 IIIIIM rg ..-1 111‘-- . - • 5 1 cke Do I, .. Do ; ,,,, . %.... •,..,,, ito. o; 1723 , 1 JUSTICE TOWER • 1 I-----._.1 I ''' ,, • 1 4• .: 1 --, Lu , • _..,i . , , iQ. ge 4° Do * P1' PoL°L a',J 1 tt csi CS' LLI _. '' I_, Cr) 1 e,0 o-,'L-,ILF,"L-t,r:-:,PLt i',;.;7',,,:,,i.,:_;,,t.••,:.,i.,:,..;..f,-;-;•1 -e. I :hi:•:,,. . 6. -.,, -11,e,.13%..1 1 °. go 0-041 ral:A*111 1 ''''91 —i orzgratiA 0 0 -1 I i I, 1 I -4•••••• NI, . , r co 11 _I i _, )„• . _ .. 1 , I 1 kVIP 1 1 0 Ail L' IL 1 Li -, L. , YOUTH loid , I i A Fr- CENTER 62-PIA. I 1 ,71 , , I _1 0.t 0 1 I J 11 ,-CPA A.' ..,"/____I ---'...".=•== - .'''' ,11 1 j 11 ' '',;_ HowARD STREET JL '.1' :4-1- 1 __ ,_,.,: --_-2= 4,A, ,,_ 4, . __---, T' , ' '-''- ..--Q4 ' -‘-. c'17 71 ' ' —'‘ 7-17"‘L, - ' L'F. ------, ,,--..- -----------,1 i i t 1 Ti Li , Douglas County Justice Center Public R.O.W. 1 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 W N Ln 0 Cr U) CO ID Q) o n 71- (.1 O W M if) N N 0 M in 0 0 CO 0 0 0 0 Q O Crl r/) N N IS C 0 w > I-- V C) ID m 0 l N Jl D J 0 Q 0 W I In V} V} V} V} V} V} V} V} V} V} V} T LU O 0 w C[ 0 0 0 Ow 0 w z Q J = Q U > V} t/} V} V} V} V} V} V} t/} V} V} w N Ln O V' U CO iD cm 0 OOn in 0 ' co ID ' W 0 0 0 JQ o0L; � N ID O 0 O < > N cm ID m o z 0 M c-I c-I N CO U —• _) 0 LU 0 COCC I U U u _ (n -0 IA- tryV} V) V} t/} V} -LaAA- if)- V} O M a V a U U CI Y CC 0 w 0 CO z 0 F- in Ln C �, = C o 2 C a) T U ar oin :+ +' L c 0 u• i v1 CO U (4 L Q a+ U N J T N a- — Tz 4' '" L E " rLa *' c as L a) d = a) +O Y v L f6 Q a) a) a) C _0 C C a) a' n 4' Ya) in of cif cn C7 of 0 05 LL H p O 0 0 O 0 0 o < W i-I r-I N On i--i O O O H U O m 0 C7 O N 0 rn rn M O O M 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 Page 1 L