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RES 2002-0736 - Agmt with UNMC for intersection improvements at 40th, 41st, Leavenworth Sts, Saddle Creek Rd, and Emile St . . , r� re . F 4iii IvE,e R E C L.r t r E 0�� s� Public Works Department u 1� i! n �� ,rt , = J Omaha/Douglas Civic Center ... or, 1819 Farnam Street,Suite 601 o.-.� •�":. March 26, 2002 Nebraska 68183-0601 Omaha, Ao4�ren FEBR��4i, CITY CLERK (402)444-5220 0 t�i ,�f�' i� v;�#'.`1{`t� Telefax(402)444-5248 City of Omaha Norm Jackman,P.E. Mike Fahey,Mayor Acting Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving an Agreement for a public Street Improvement Project between the University of Nebraska Medical Center (UNMC) and the City of Omaha. Intersection, turn lane, traffic signal, and street widening is planned for 40th to 41st and Leavenworth Streets, Saddle Creek Road and Emile Streets, and Emile Street from 45th Street to Saddle Creek Road. Under the teens of the agreement, the City will pay $50,000 of the project cost from the Traffic Engineering, Organization 1434, Agency 140, Capital Fund 103, year 2002 expenditure. Another $35,775 will be paid from the Major Street Resurfacing, Organization 1440, Agency 140, Fund 102, year 2002 expenditure. The rest of the construction cost will be billed to UNMC on a monthly basis. The Public Work Department requests your consideration and approval of the attached Resolution. Respectfully submitted, Referred to City Council or Consideration: h2voz, , 7, • i 3_,..z..._.: ,2_, Norm.Jackman,P.E Date Mayor's Office Date Acting Public Works Director Approved as to Funding: 7 kit Stanley P. Tiet Im 1„n Date Finance Director �J P:\PW2\10996f.doc • . AGREEMENT FOR PUBLIC STREETS IMPROVEMENTS PROJECT This Agreement for Public Street Improvements Project is made and entered into by and between THE BOARD OF REGENTS OF THE UNIVERSITY OF NEBRASKA,a public body corporate and agency of the State of Nebraska, for and on behalf of the University of Nebraska Medical Center("UNMC"), and the CITY OF OMAHA,NEBRASKA ("CITY"). WHEREAS,UNMC is a public medical university generally located between Farnam and Leavenworth Streets (north/south boundary) and 42nd Street and Saddle Creek Road (east/west boundary),and the construction of the UNMC Research Center for Excellence and campus growth, combined with the opening of the new UNMC parking garage on Emile Street, will result in a significant increase in vehicular traffic accessing roads on and adjacent to the UNMC campus; and WHEREAS, traffic studies indicate that it is necessary to construct public street improvements consisting of southbound right turn lanes at 40th and Leavenworth Streets and 41st and Leavenworth Streets, a northbound left and right turn lanes and a southbound left turn lane at Saddle Creek Road and Emile Street, three driving lanes in Emile Street from 45th Street to Saddle Creek Road, and to rebuild the traffic signal at Saddle Creek Road and Emile Street, hereinafter collectively referred to as "the PROJECT", and that UNMC will derive special benefit from the PROJECT that will provide safer and more efficient access to and from the campus; and WHEREAS,the parties desire to ensure the timely construction of the PROJECT and have agreed upon the terms and conditions to accomplish the PROJECT; NOW, THEREFORE, in consideration of the following terms and conditions, the parties mutually agree as follows: Section 1. Performance by UNMC. UNMC 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, within thirty (30) days of the execution of this Agreement. (b) Present said engineering plans to CITY for approval prior to the start of the CITY's competitive bid process for the construction of the PROJECT. (c) Reimburse CITY for the costs of the PROJECT described in Section 3 below including the acquisition costs of the CITY for any right of way or easement necessary for the PROJECT. Section 2. Performance by CITY. CITY shall perform, or cause to be performed, as appropriate, the following tasks: (a) Secure the services of a contractor for the construction of the PROJECT with a PROJECT completion date not later than October 1,2002; provided, however, that CITY shall not award a contract to any contractor whose bid exceeds the engineering cost estimate as described in Section 1 above without the express written authorization of UNMC. (b) Provide construction management services for the PROJECT at the CITY's sole expense. (c) Obtain any right of way or easements necessary for the PROJECT. Section 3. Cost of Project. (a)In addition to the construction management services that CITY is providing as set forth in Section 2(b)above, CITY shall pay Eighty Five Thousand Seven Hundred Seventy-Five Dollars ($85,775) of the cost of the PROJECT. (b) UNMC shall pay the balance of the cost of the PROJECT including the cost to CITY to obtain any right of way or easements necessary for the PROJECT. CITY shall bill UNMC every thirty(30)days commencing thirty(30)days after the start of work of the PROJECT for work completed up to that time period. UNMC shall make payment in accordance with the Nebraska Prompt Payment Act. Section 4. 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. Section 5. Discrimination. Neither UNMC nor CITY shall, in the performance of this Agreement, discriminate or permit discrimination against any person because of race, sex, age, national origin, political beliefs or affiliations in violation of federal or state laws. Section 6. Miscellaneous. The instrument 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 L!/l , 2002. CITY OF OMAHA,NEBRASKA THE BOARD OF REGENTS OF THE UNIVERSITY OF NEBRASKA )1) 44 Mayor of the City of O aha L. Dennis Smith, President ATTEST: ATTEST: Ci Clerk-of the City of Omaha Kim M. Robak, orporate Secretary APPROVED TO FORM 1/6) pp< ity Attorney C-25A CITY OF OMAHA • LEGISLATIVE CHAMBER Omaha,Nebr RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the University of Nebraska Medical Center(UNMC) and the City of Omaha desire to improve the intersections, add turn lanes, improve a traffic signal, and street widening for 40th to 41St and Leavenworth Streets, Saddle Creek Road and Emile Streets, and Emile Street from 45th Street to Saddle Creek Road; and, WHEREAS, under the terms of the Agreement, which by this reference becomes a part herein, the City will pay $50,000 from Traffic Engineering, $35,775 from Major Street Resurfacing, and the remainder of the project cost will be billed to the;UNMC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE . CITY OF OMAHA: THAT, the Agreement between the City and the University of Nebraska Medical Center to improve intersections, add turn lanes, improve a traffic signal, and street widening for 40th to 41St and Leavenworth Streets, Saddle Creek Road and Emile Streets, and Emile Street from 45th Street to Saddle Creek Road is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay $50,000 from the Traffic Engineering, Organization 1434, Agency 140, Capital Fund 103 and pay $35,775 from the Major Street Resurfacing, Organization 1440, Agency 140, Fund 102, both 2002 expenditures and bill the remainder of the project cost to UNMC. APPROVED AS TO FORM: CITY ATTORNEY DATE P:\PW2\10995f.doc By ll ••II uncilmember Adopted „d2.4‘06. MAR•,2.6..200 City Clerk Approved. VP$4.4.1yoe"---44" Mayor NO. 2(3. AP -Resolution by . Res. that the Agreement between the City and the University of Nebraska Medical ci/ ` 7 �� r ' Center to improve intersections, add turn '. ' ' ' ',' lanes, improve a traffic signal, and street `"� F 1 '), widening for 40th to 41St and Leavenworth i Streets, Saddle creek Road and Emile Streets, /, i' • and Emile Street from 45th Street to Saddle, 1 , 'i•i; ;� Creek Road is hereby approved. The Finance .l ,' i. Department is authorized to pay $50,000 from the Traffic Engineering, Organization 1434, Agency 140, Capital Fund 103 and pay $35,775 from the Major Street Resurfacing, Organization 1440, Agency 140, Fund 102, both 2002 expenditures and bill the remainder of the project cost to UNMC. P:\PW2\10995f.doc • • 41_6 Presented to`City.Council - - - . R 2 6 2002, ::.......:........Adopted....... - o...:........ �,,//�� �..7u3teri i'own .. ... ..............................................City Clerk , / 1 . s .