RES 2001-1088 - Agmt with SID 415 to dredge silt from basin to protect water quality of Standing Bear Lake oM�ee,NFB Par , Recreation &
Public Property Department
u'�a`, 011W7 Omaha/Douglas Civic Center
40��f[1� „ 1819 Farnam Street,Suite 701
�®., [1 0 ily ,— Omaha,Nebraska 68183-0701
opF` ry: (402)444-5900
FAX(402)444-4921
RATED FEW)
Cityof Larry N.Foster
Omaha Acting Director
Hal Daub,Mayor
Honorable President
and Members of the City Council,
The attached Resolution approves an Interlocal Cooperation Agreement between the City of
Omaha and Sanitary and Improvement District 415, Westin Hills, that authorizes the City to
reimburse SID 415 for a portion of the costs to dredge the sediment basin in Westin Hills. This
basin protects the water quality in Standing Bear Lake. The value of the City's contribution is
$30,000.00.
On November 2, 2000, Sanitary and Improvement District 415 and the Papio-Missouri River
Natural Resources District entered into an Interlocal Cooperation Agreement to share the costs of
removing silt from the basin designated as "D-18". This basin will eventually be owned by the
City of Omaha when the subdivision is annexed at a future date. It was determined that it was in
everyone's best interest to deepen the basin and expand its capacity for silt prior to the
construction of adjacent housing. The value of the work being done by SID 415 and the P-
MRNRD is approximately$133,100.00.
The City of Omaha's Clean Lakes Program indicates that projects that improve water quality in
our area lakes should be supported and this project specifically collects silt that otherwise would
find its way into Standing Bear Lake. Funds for this project are available in the Capital
Improvement Program. Charges will be against the 1996 Park Bond Fund 391, Agency 120,
Organization 1295, and Activity 3163.
Your favorable consideration is requested. -
Respectfully submitted,
Larry N. Foster, Acting Director ate
Parks, Recreation and
Public Property Department
Approved as to Funding to C y ounci or nsider tion:
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Stan Timm, ting Directofx, Date Mayor's Office/Title Date
Finance Department ,p r
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INTERLOCAL COOPERATION AGREEMENT
THIS INTERLOCAL COOPERATION AGREEMENT made this3r" day of/I, ,
2001, by and between SANITARY AND IMPROVEMENT DISTRICT NO. 415 OF DOU' LAS
COUNTY, NEBRASKA, hereinafter referred to as "SID #415" and THE CITY OF I AHA,
hereinafter referred to as "CITY".
WHEREAS,the parties hereto are duly existing bodies corporate and politic in accordance
with and under the laws of the State of Nebraska;
WHEREAS, SID #415 did, on November 2, 2000 enter into an Interlocal Cooperation
Agreement with the Papio Missouri River Natural Resource District("NRD")to effectuate certain
maintenance of the NRD's existing grade stabilization and sediment control improvements on Outlot
"F",Westin Hills West,Douglas County,Nebraska,a copy of such Agreement being attached hereto
as Exhibit"A" and by this reference incorporated herein; and
WHEREAS, in order to promote the health and safety of the residents of SID#415 and the
City and pursuant to the authority granted the parties per the Nebraska Interlocal Cooperation Act,
the parties desire to increase the quantity of dredge sediment in excess of the 52,240 cubic yards
estimated for such"Lake Rehabilitation Project"as referenced in said Exhibit"A"Agreement; and
WHEREAS,the removal of such additional dredge sediment would be beneficial to both SID
#415 and the City.
NOW,THEREFORE, in consideration of the mutual covenants set forth herein,the parties
agree as follows:
1. That SID #415 shall issue a change order to the Lake Rehabilitation Project contract to
increase the dredge sediment to be removed at the contract unit price by Thirty Thousand and No/100
($30,000.00) Dollars.
2. City shall reimburse SID #415 within thirty (30) days of receipt of proof of payment by
SID #415 of such additional dredge sediment removal.
3. The parties hereby agree to and shall save each other harmless and their officers and
employees,and agents from all claims and liability whatsoever or character due to or arising out of
any acts, conduct or omissions and negligence of each other or each party's officers, agents,
employees or others acting for or under the direction of each.
4. Each party hereby agrees to comply and to cause all contractors doing work occasioned
by this Agreement to comply with all federal and state laws, rules and other applicable statutes.
5. City acknowledges that all change orders are subject to the prior approval of the NRD as
per the attached Exhibit"A" Agreement.
IN WITNESS WHEREOF,the parties have affixed their authorized signatures and seals at
Omaha,Nebraska, the day and year first above written.
ATTEST: SANITARY AND IMPROVEMENT DISTRICT NO.
415 OF DO S COUNTY,NEBRASKA
By:
Cl c Chairman
ATTEST: THE CITY OF OMAHA
By: r 411,-
City Clerk ' May•..
Via, APPROVED AS TO FORM:
By: /
.d/ f City Attorney
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LAKE REHABILITATION PROJECT - STRUCTURE D-18
INTERLOCAL COOPERATION AGREEMENT
THIS INTERLOCAL COOPERATION AGREEMENT, hereinafter referred to as
"this Agreement," is made by and between SANITARY AND IMPROVEMENT
DISTRICT NO. 415 OF DOUGLAS COUNTY, NEBRASKA, hereinafter referred to as
"the SID," and the PAPIO MISSOURI RIVER NATURAL RESOURCES DISTRICT,
hereinafter referred to as "the NRD".
WHEREAS, the parties hereto are duly existing bodies corporate and politic in
accordance with and under the laws of the State of Nebraska; and,
WHEREAS, this Agreement is made pursuant to the authority provided in the
Nebraska Interlocal Cooperation Act (§§13-801, R.R.S., 1943, et seq.); and,
WHEREAS, in order to promote the health and safety of the residents of the SID
and the NRD, and pursuant to the authority granted the parties per the Nebraska
Interlocal Cooperation Act, the parties desire to effectuate certain maintenance of the
NRD's existing grade stabilization and sediment control improvements on Outlot "F",
Westin Hills West, Douglas County, Nebraska; and,
WHEREAS, such NRD improvements consist of a grade stabilization dam and
sediment basin (reservoir) known as Site D-18, Papillion Creek Project, hereinafter
referred to as "the Site D-18 Improvements," located on land owned by the SID which is
subject to a storage and flowage easement in favor of the NRD for the Site D-18
Improvements; and
WHEREAS, maintenance of the Site D-18 Improvements as contemplated by this
Agreement consists of the utilization of a dredge to remove approximately 53,240 cubic
yards of sediment from the Site D-18 Sediment Basin, hereinafter referred to as the "Lake
Rehabilitation Project," at an estimated cost of$133,100.00; and,
WHEREAS, performance of the Lake Rehabilitation Project would be beneficial
to both Districts and their residents.
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NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
the parties agree as follows:
1. PARTICIPANTS. The Lake Rehabilitation Project shall be a joint
undertaking by and between the NRD and the SID, without any separate entity being
created, and the duties and responsibilities of the parties shall be as defined by this
Agreement.
2. LAND ACQUISITION. Upon request of the SID the NRD shall grant to the
SID such temporary rights over NRD-rights-of-way as the SID determines necessary for
performance of the Lake Rehabilitation Project. Any additional lands, easements and rights-
of-way which the SID determines are necessary for the performance of the Lake
Rehabilitation Project shall be obtained by the SID at the sole and unreimbursed cost and
expense of the SID.
3. PLANS AND SPECIFICATIONS FOR THE PROJECT. The SID, at
its sole and unreimbursed cost and expense, shall retain engineering consultants acceptable
to the NRD, hereinafter referred to as the "Engineers," to prepare plans and specifications.
for the work involved in the Lake Rehabilitation Project, to prepare contract documents as
necessary for the Lake Rehabilitation Project, and to administer construction thereof.
4. DESIGN CRITERIA. The Lake Rehabilitation Project shall be designed
by the Engineers in accordance with the criteria and specifications of the NRD for typical
sediment basins, similar to those constructed or maintained by the NRD at other locations in
the Papillion Creek Watershed.
5. APPROVAL OF PLANS AND SPECIFICATIONS. Final plans and
specifications prepared for the Lake Rehabilitation Project by the Engineers shall be subject
to the written approval of the NRD, which approval shall not be withheld unreasonably.
6. BIDS FOR CONSTRUCTION. Following preparation of plans and
specifications for the Lake Rehabilitation Project and approval thereof by the NRD, the SID
shall publicly advertise for, receive, and open competitive sealed bids for construction of the
PL56639
Lake Rehabilitation Project by the SID. Within a reasonable time after the SID's receipt
and opening of such bids for construction of the Lake Rehabilitation Project, the SID shall
deliver a summary of all such bids to the General Manager of the NRD, together with the
identification by the SID of the bidder which the SID determines is the lowest and best
bidder. In the absence of good cause being shown by the NRD, the SID shall accept such
bidder's bid and shall award to such bidder the contract to perform the Lake Rehabilitation
Project.
7. PROJECT CONSTRUCTION. The SID, through its contractor, shall
perform the Lake Rehabilitation Project in accordance with the NRD-approved plans and
specifications, and shall enforce all warranties given by the contractor in connection
therewith.
8. PROJECT TIMETABLE. Weather permitting, the SID shall commence
the Lake Rehabilitation Project no later than March 31, 2001 and complete such project
no later than June 30, 2001, or else this Agreement shall be voidable at the election of the
NRD.
9. PROJECT COMPLETION. Immediately after substantial completion of
the Lake Rehabilitation Project, and prior to the final completion thereof and the SID's
acceptance of the Lake Rehabilitation Project from the SID's contractor, the SID shall
notify the General Manager of the NRD in writing of such substantial completion and give
the NRD a reasonable opportunity to inspect the Lake Rehabilitation Project and
participate in the determination of any items required for fmal completion. Within a
reasonable time after final completion and acceptance of the Lake Rehabilitation Project, the
Engineers shall deliver to the General Manager of the NRD an "as built" set of the plans and
specifications for the modifications to the Site D-18 Improvements accomplished by the
Lake Rehabilitation Project, as completed.
10. NRD CONTRIBUTION. Within 45 days after receipt of written notification
from the SID of final completion and acceptance of the Lake Rehabilitation Project, but not
prior to July 15, 2001, the NRD shall pay to the SID a sum of money equal to fifty percent
PL56639 •
(50%) of the SID's contractual outlays to its contractor for performance of the Lake
Rehabilitation Project, or the sum of SIXTY-SIX THOUSAND FIVE HUNDRED
FIFTY DOLLARS ($66,550), whichever sum of money is the lesser amount. The SID
shall be responsible to pay the remainder of such contractual outlays without NRD
reimbursement.
11. INDEMNIFICATION. The parties hereby agree to and shall save each
other harmless and their officers and employees, and agents from all claims and liability
whatsoever or character due to or arising out of any acts, conduct or omissions and
negligence of each other or each parry's officers, agents, employees or others acting for or
under the direction of each.
12. COMPLIANCE WITH LAW. Each party hereby agrees to comply and to
cause all contractors doing work occasioned by this Agreement to comply with all federal
and state laws, rules and other applicable statutes. Each party to this Agreement shall,
whenever applicable, require performance under the Fair Labor Standards Act.
13. EFFECTIVE DATE. This Agreement shall be in force and effect
from and after its execution by the parties hereto.
14. DUE PROFESSIONAL CARE. The SID agrees to incorporate the
following provisions in its contract with the Engineer relating to the Lake Rehabilitation
Project:
It is understood by the parties that the SID and the NRD will rely on the
professional performance and ability of the ENGINEER. Any SID or NRD
examination of the work product of the ENGINEER will be considered to be a
general review to determine if such work product meets the intent of the project
rather than being a detailed review. Any SID or NRD examination, acceptance or
use of the work product of the ENGINEER will not be considered to be a full and
comprehensive examination and will not be considered an approval of the work
product of the ENGINEER which would relieve the ENGINEER from any
liability or expense that would be connected with the ENGINEER's sole
responsibility for the propriety and integrity of the professional work to be
accomplished by the ENGINEER pursuant to this agreement. Any acceptance or
approval of any of the plans or work of the ENGINEER by the SID or NRD, or of
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payment, partial or final, will not constitute a waiver of any rights of the SID or
NRD to recover from the ENGINEER for damages caused by the ENGINEER due
to error, omission or negligence of the ENGINEER in its work. If due to error,
omission or negligence of the ENGINEER, the plans, specifications and estimates
are found to be in error or there are omissions therein revealed during the
construction of the project and revision or reworking of the plans is necessary, the
ENGINEER will make all such revisions without expense to the NRD or SID, and
the ENGINEER will give immediate attention to these corrections to minimize
any delays to the Construction contractor. ENGINEER's legal liability for all
damages incurred by the SID or NRD caused by error, omission or negligent acts
of the ENGINEER will be borne solely by the ENGINEER without liability or
expense to the SID or NRD.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereinafter indicated pursuant to authorizing resolutions duly adopted at regularly-called
meetings of their governing bodies.
This Agreement is executed by the SID on this2 day of Na/e,,., ,1 , 2000.
SANITARY AND IMPROVEMENT
DISTRICT NO. 415 OF DOUGLAS
COUNTY, NEB SKA
ATTEST:
By:
hairman
Clrk
`��
This Agreement is executed by the NRD on this2 _ day of/‘/ .//,„b , 2000.
PAPIO-MISSOURI RIVER NATURAL
RESOURCES DISTRICT
By:
STEVEN G. OLTMANS
General Manager
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CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Sanitary and Improvement District (S.I.D.) No. 415, Westin Hills,
Douglas County, Nebraska, has a public outlot designated as a natural environmental area that
includes a sediment basin; and,
WHEREAS, this land will be utilized to collect silt and therefore protect the water
quality in Standing Bear Lake; and,
WHEREAS, S.I.D. 415 has entered into an Interlocal Cooperation Agreement
with the Papio-Missouri River Natural Resources District to dredge silt from this basin; and,
WHEREAS, additional benefits can be obtained by expanding the amount of silt
to be removed; and,
WHEREAS, this project is consistent with the goals and objectives of the City of
Omaha's Clean Lakes Program; and,
WHEREAS, the Parks, Recreation and Public Property Department recommends
that the City enter into an Interlocal Cooperative Agreement with SI.D. 415 to increase the
amount of dredging that will be done; and,
WHEREAS, the City's Capital Improvement Program has funds specifically
identified for this type of work; and,
WHEREAS, the approval of this cost sharing agreement is in the best interest of
the citizens of the City of Omaha; and,
WHEREAS, the Mayor has recommended the approval of the Interlocal
Cooperative Agreement with said cost sharing arrangement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor, the Interlocal Cooperative Agreement
between S.I.D. 415 and the City of Omaha to dredge silt from the basin located on the public
outlot located in S.I.D. 415 in order to protect the water quality of Standing Bear Lake, and the
City's costs in the amount of$30,000.00 is hereby approved. Funds in this amount shall be paid
from the 1996 Parks & Recreation Bond Fund 391, Agency 120, Organization 1295, and
Activity 3163.
By1de/A I�G � APPROVED AS TORM:
- O
Councilmember iZ / (1, 7-0 )
Adopted R 2 4 2001 —0 CITY ATTORNEY DATE
1)c�
y Clerk
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