RES 1998-2978 - Agmt with SID 413 for improvement of Hwy 133 and 103rd St intersection .044.1
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A �� Public Works Department
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Omaha/Douglas Civic Center
f1*-,.(tn�l +,r'= 1819 Famam Street,Suite 601
,y; T October 27, 1998 Omaha,Nebraska 68183-0601
O FEBO4 1.. (402)444-5220
r, ,,..,. i`.t= Telefax(402)444-5248
City of Omaha Don W.Elliott,P.E.
Hal Daub,Mayor Public Works Director
Honorable President
and Members of the City Council,
That attached Resolution approves the Interlocal Agreement between Sanitary and Improvement
District 413 (S.&I.D. 413) of Douglas County,Nebraska, and the City of Omaha. The Interlocal
Agreement covers the public improvement of Highway 133 and 103rd Street intersection, a portion
of which is within City Limits.
The Interlocal Agreement stipulates that the public improvements to these intersections will be built
by S.&I.D. 413,and identifies the cost sharing agreement for these projects. The estimated total cost
of the projects is $128,308.35 of which the City will pay a maximum amount of$66,460.00.
The Public Works Department requests your consideration and approval of the attached Resolution
and Interlocal Agreement.
Respectively submitted, Referred to City Council for Consideration:
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Don W. Elliott, P.E. Date Mayors Office/Title Date
Public Works Director
Approved: Approved:
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Louis A. D'Ercole • Date Robert C. Peters . r Date
Finance Director Acting Planning Director
P:\PW1\6141.MAF
INTERLOCAL COOPERATION AGREEMENT
This Agreement is made and entered into by and between THE CITY OF OMAHA, NEBRASKA
(hereinafter referred to as "City"), and SANITARY AND IMPROVEMENT DISTRICT NO. 413 OF
DOUGLAS COUNTY, NEBRASKA (hereinafter referred to as "SID 413").
PRELIMINARY STATEMENT
SID 413 is presently undertaking the development of the real property commonly described as Cherry Hills
Business Park and Cherry Hills Village which lie adjacent to Hwy. 133, 103rd Street and 101st Street. The
intersection of Hwy. 133 and 103rd Street is located and serves areas with SID 413 and City.
Pursuant to the Interlocal Cooperation Act, Section 23-2201, et seq., City and SID 413 are authorized to
enter into this Agreement with each other so as to make the most efficient use of their powers by enabling
them to cooperate on a basis of mutual advantage, and thereby provide services and facilities in a manner
and pursuant to forms of governmental organization that will accord best with geographic, economic,
population and other factors influencing the needs and development of such entities.
It is in the best interests and would be mutually advantageous to City and SID 413 to improve at this time,
pursuant to this Agreement, that portion of the intersection of Hwy. 133 and 103rd Street as shown on
Exhibit "A" attached hereto and incorporated herein by this reference. Such improvements shall include,
without limitation, a change of grade, widening, traffic signals, storm sewers and other drainage facilities,
and related improvements, hereinafter referred to as the "Improvements".
NOW, THEREFORE, in consideration of the covenants herein set forth, City and SID 413 do hereby agree
and contract with each other as follows:
1. No Administrative Entity. There shall be no separate legal or administrative entity created to
administer this Agreement and, therefore, no separate budget established for such an entity.
2. Plans and Design. SID 413 will contract with Thompson, Dreessen & Dorner, Inc., registered
engineers in the State of Nebraska, for the preparation of plans and specifications for the
construction of the Improvements. The final plans and specifications shall be subject to approval
by each of the parties hereto, which approval shall not be unreasonably withheld. However,
construction administration, construction management, the public bidding of the Improvements shall
be the exclusive responsibility of SID 413.
3. Construction. SID 413 agrees to cause the Improvements to be constructed in accordance with the
plans and specifications approved by the parties hereto in accordance with Paragraph 2. Thompson,
Dreessen& Dorner, Inc. shall provide project management. During the course of the construction
of the Improvements, SID 413 and City may at any time cause inspection of the work to insure
compliance with the final plans and specifications.
4. Payment of Construction Costs. All construction costs for the Improvements shall be paid as
follows:
A. The cost of the southeasterly leg of Hwy. 133 and 103rd Street intersection shall be paid by
the City.
B. All other construction costs, engineering and fiscal agent costs attributable to the
Improvements shall be paid by SID 413.
Upon "Award of the Contract", SID 413 shall submit monthly statements for the actual costs
incurred in connection with the construction of the Improvements and City shall pay such costs to
SID 413 within thirty (30) days after receipt of such monthly statements. Any adjustments in actual
costs shall be made upon completion of such construction contracts. Estimated construction costs
are indicated on Exhibit "B" attached hereto.
5. Purpose of Agreement: Timing of Work. It is the mutual desire and intention of the parties that the
Improvements shall be completed by May 1, 1999. Accordingly, the parties hereby agree to
cooperate with each other and make reasonable, good faith efforts to perform their obligations
hereunder in a timely manner so as to achieve completion of all of the Improvements contemplated
by this Agreement by May 1, 1999. The City maximum financial obligation is limited to the amount
provided for in the Subdivision Agreement for Cherry Hills Village in Article IX-F therein.
6. Records. SID 413 shall maintain records of all construction costs incurred in connection with the
Improvements and City shall have the right to audit and review such records at any time to assure
that such records are accurate.
7. Duration. This Agreement shall continue until such time as the Improvements to be performed by
SID 413 pursuant to this Agreement have been completed, unless this Agreement is terminated
sooner by the written agreement of all parties hereto.
8. Appointment of Administrators. City's Public Works Director shall administer this contract on
behalf of City. Thompson, Dreessen& Dorner, Inc. shall administer this contract on behalf of SID
413.
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9. Entire Agreement. This instrument contains the entire agreement of the parties and shall be binding
upon the successors and assigns of the respective parties. No amendments, deletions, or additions
shall be made to this Agreement except in writing signed by all parties. Nebraska law shall govern
the terms and performances under this Agreement.
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Executed by City of Omaha this day of i!)C Dg 4r, 1998.
ATTEST: CITY OF OMA A
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By:
C CLERK AYOR DATE
APPROVED AS TO FORM:
ITY A EY
Executed by SID 413 of Douglas County this / . day of , 1998.
SANITARY & IMPROVEMENT DISTRICT
ATTEST: NO. 413 OF DOU A ' NTY, NEBRASKA
By: \{
CLERK CHAI AN
TD2 File No. 1004-101.26
Revised July 28, 1998 *19
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LEGISLATIVE CHAMBER
Omaha,Nebr October 27, 19 98
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,Sanitary and Improvement District(S.&I.D.)413 and the City of Omaha
wish to enter into an Interlocal Agreement to improve Highway 133 and 103rd Street intersection
adjacent to the District,portions of which are within City limits; and,
WHEREAS,the Interlocal Agreement states that S.&I.D. 413 will contract and build
the projects; and,
WHEREAS,the City will reimburse S.&I.D. a maximum amount of$66,460.00 as
its share of the improvement costs; and,
WHEREAS, an Interlocal Agreement has been prepared setting forth all the
provisions mentioned above.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, the Interlocal Agreement between the City of Omaha and Sanitary and
Improvement District 413 of Douglas County,Nebraska,providing for the Public Improvement of
Highway 133 and 103rd Street intersection, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay a maximum amount of
$66,460.00 from the Major Street Intersection Improvement Account as the City's share for the
improvements, easements, and right-of-way costs.
APPROVED AS TO FORM:
P:\Pw1\6142.MAF
SSI TA T ATTORNEY Date
By .
Councilmember
Adopted OCT 2.7...1 . 7.0
Clerk
Approved .
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