RES 1998-1269 - Agmt with SID 363, 328, and PMRNRD for creek stabilization southwest of 132nd St and W Maple Rd o 414,
Public Works Department
I; RECEIVED
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City of Omaha Don W.Elliott,P.E.
Hal Daub,Mayor Public Works Director
Honorable President
and Members of the City Council,
The attached Resolution approves the Interlocal Agreement between Sanitary and Improvement
District (S.&I.D.) 363, Sanitary and Improvement District (S.&I.D.) 328, Papio Missouri River
Natural Resource District (PMRNRD), and the City of Omaha. This Interlocal Agreement covers
the stabilization of Eagle Run Creek, located Southeast of 132nd and West Maple Road, a portion
of which is within City Limits.
This Interlocal Agreement stipulates that S.&.I.D. 328 will provide project design, take bids, and
provide project management. The total cost of the project is estimated to be $450,000.00 of which
the City's share will be an estimated amount of$150,000.00 which will be paid for from the Debt
Service Fund No. 201. The City, when it annexed S.&I.D. 338 which Eagle Run Creek traverses,
encumbered$150,000.00 of S.&I.D. 338's cash on hand to pay for this project when the project came
to fruition. S.&I.D. 328's portion is estimated to be $135,000.00, and S.&I.D. 363's portion is
estimated to be $45,000.00 which will become a general obligation of each respective district. If
these districts are annexed by the City, any outstanding General Obligation Debt would be assumed
by the City.
The Public Works Department requests your consideration and approval of the attached Resolution
and Interlocal Agreement.
Respectfully submitted, This action has been reviewed and found to be
in conformance with the Master Plan.
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Don W. Elliott, P.E. '
`' Date Robert C. Peters • Date
Director Acting Planning Director
A.. oved as to Funding: Referred Cit Co cil for Consideration:
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Louis A. D'Ercole Date Ma or's Office/Title Date
Finance Director
P:\PW1\5157.MAF
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INTERLOCAL COOPERATION AGREEMENT
This Agreement is made and entered into by and between THE CITY OF OMAHA,
NEBRASKA (hereinafter referred to as "City"), PAPIO-MISSOURI RIVER NATURAL
RESOURCES DISTRICT (hereinafter referred to as "PMRNRD"), SANITARY AND
IMPROVEMENT DISTRICT NO. 363 OF DOUGLAS COUNTY, NEBRASKA (hereinafter referred
to as "SID 363"), AND SANITARY AND IMPROVEMENT DISTRICT NO. 328 OF DOUGLAS
COUNTY, NEBRASKA (hereinafter referred to as "SID 328").
PRELIMINARY STATEMENT
SID 328 is presently undertaking a certain creek stabilization and storm water managing
project (hereinafter referred to as the "Project") in Eagle Run Creek which runs through.Eagle
Run and adjacent subdivisions (hereinafter referred to as the "Creek"). The integrity of the
Creek bed and appropriate storm water management are of mutual benefit to the parties to this
Agreement.
Pursuant to the Interlocal Cooperation Act, Section 23-2201, et seq., the City,
PMRNRD, SID 328 and SID 363 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 political
subdivisions.
It is in the best interests and would be mutually advantageous to the City, PMRNRD,
SID 328 and SID 363 to carry out the Project pursuant to this Agreement to improve that
portion of the Creek shown on the plan cover sheet diagram (hereinafter referred to as the
"Plan Diagram") attached hereto as Exhibit "A" and incorporated herein by this reference.
Such improvements shall include, without limitation, a change of grade of the Creek,
stabilization of the Creek as shown on the Plan Diagram, relocation of utilities, storm sewers
and other drainage facilities, and related improvements (hereinafter referred to as the "Project
Improvements").
NOW, THEREFORE, in consideration of the covenants herein set forth, the City,
PMRNRD, SID 328 and SID 363 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 328 will contract with Thompson, Dreessen & Dorner,
Inc. (hereinafter referred to as the "Engineers"), registered engineers in the State of Nebraska,
for the preparation of plans and specifications for the construction of the Project
Improvements. The final plans and specifications shall be subject to written approval by each
of the parties hereto, which approval shall not be unreasonably withheld. However,
construction administration, construction management, the public bidding of the Project
Improvements shall be the exclusive responsibility of SID 328, provided, however, both
PMRNRD and the City shall have plan and design approval.
.
3. Permits. SID 328 shall be responsible for obtaining the permits which shall be
necessary for the construction, operation, maintenance and repair of the Project
Improvements. All expenses incurred by SID 328 in obtaining such permits shall be deemed,
to be Project construction costs.
4. Construction. SID 328 agrees to cause the Project Improvements to be
constructed in accordance with the plans and specifications approved by the parties hereto
in accordance with Paragraph 2. During the course of the construction of the Project
Improvements, the City, PMRNRD, SID 328 and SID 363 may at any time cause inspection
of the work by the Engineers, to insure compliance with the final plans and specifications.
5. Operation and Maintenance. The parties hereto agree that SID 328 will own the
Project Improvements; and, at its own cost, will permanently operate, maintain and repair the
Project Improvements without SID 363, City or PMRNRD reimbursement of any part of the
expense thereof.
6. Payment of Construction Costs. The Project is estimated to cost Three Hundred
Sixty-Two Thousand Five Hundred Fifty and no/100 Dollars ($362,550.00), plus soft costs
for engineering, design and testing estimated costs of Eighty-Seven Thousand Four Hundred
Fifty and no/100 Dollars ($87,450.00); or a total cost of Four Hundred Fifty Thousand and
no/100 Dollars ($450,000.00). The total costs shall be paid as follows:
A. PMRNRD shall pay twenty-six and 67/100 percent (26.67%) up to a
maximum of One Hundred Twenty Thousand and no/100 Dollars ($120,000.00).
B. The City shall pay thirty-three and 30/100 percent (33.30%) up to a
maximum of One Hundred Fifty Thousand and no/100 Dollars ($150,000.00).
C. SID 363 shall pay ten percent (10%) up to a maximum of Forty-Five
Thousand and no/100 Dollars ($45,000.00).
D. SID 328 shall pay all remaining costs estimated to be One Hundred
Thirty-Five Thousand and no/100 Dollars ($135,000.00).
7. Cost Sharing. Upon final completion of the Project and acceptance thereof by
SID 328,SID 328 shall prepare written invoices separately showing its costs for construction,
engineering, design and testing of the Project Improvements, and shall transmit such invoices.
to SID 363, City and PMRNRD. Such invoices shall set out the following information with
respect to each such cost; the amount of such cost, the person, firm or corporation to whom
such amount is due or was paid, the purpose(s) for such cost, and the date such cost was
incurred. Within forty-five (45) days after receipt of written invoices therefor, SID 363, City,
and PMRNRD each shall reimburse SID 328 for their respective percentage shares of those
costs for construction, engineering, design and testing costs of the Project Improvements,
provided, however, in no case shall the total cumulative amount reimbursed by other than the
City exceed the amounts shown in Paragraph 5, above.
8. Rights-of-Way and Land Acquisition. SID 328 shall be solely responsible for
acquisition of the lands, easement ares, and other rights-of-way which may be necessary or
convenient for construction, operation and/or maintenance of the Project, and expenses
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incurred by SID 328 for the acquisition of such rights-of-way shall not be deemed to be shared
costs and shall not be subject to reimbursement under this Agreement.
9. Contractor's Warranties. SID 328 shall enforce all warranties given by its
Contractors in connection with the contracts for construction of the Project. The costs of
such enforcement, including attorneys fees, shall be deemed to be Project construction costs.
10. Risk of Loss. Subsequent to final completion and acceptance of the Project,
SID 328, at its sole and unreimbursed cost and expense, shall bear the sole risk of loss of or
damage to any Project Improvements regardless whether such damage results from flood or
other casualty whatsoever.
11 . Insurance. Contracts with contractors entered into by SID 328 in connection
with construction of the Project shall provide that, all during such construction, and for four
(4) years after the final completion of such construction, all such contractors, and their
subcontractors, shall carry motor vehicle liability and comprehensive general public liability
insurance, or a combination of such insurance and umbrella insurance, providing per-
occurrence coverage of at least Two Million Dollars ($2,000,000).
12. Indemnification. SID 328 agrees to defend SID 363, City and PMRNRD, and
indemnify and hold such parties harmless, from and against all causes of action and claims for
(A) personal injury, property damage, or worker's compensation arising out of the
construction, engineering, design, testing, operation, maintenance or repair of the Project
Improvements pursuant to this Agreement, except that such indemnification shall not extend
to SID 363, City or PMRNRD, as the case may be, for personal injuries or property damages
caused solely by the negligence of such party; (B) relocation assistance payments arising out
of the acquisition by SID 363 of real estate or interests therein for the construction, operation,
maintenance ore repair of the Project; and (C)the costs of investigation, cleanup and response
associated with hazardous substances regulated under any State or Federal law which are
found on any land or rights-of-way used or acquired by or for SID 328 for the Project.
13. Effective Date. This Agreement shall be in force and effect from and after its
execution by all of the parties.
14. Termination. This Agreement may be terminated by mutual agreement of the
parties.
15. Purpose of Agreement; Timing of Work. It is the mutual desire and intention of
the parties that the Project Improvements shall be completed by May 31, 1998. 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 Project Improvements contemplated by this Agreement by May 31 , 1998.
16. Records. SID 328 shall maintain records of all construction costs incurred by
SID 328 in connection with the Project Improvements and all parties shall have the right to
audit and review such records at any time to assure that such records are accurate.
17. Duration. This Agreement shall have permanent duration unless this Agreement
is terminated sooner by the written agreement of all parties hereto.
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18. Appointment of Administrators. .Don Elliott shall administer this contract on
behalf of the City. Thompson, Dreessen & Dorner, Inc., shall administer this contract on
behalf of SID 328 and SID 363. Steven G. Olt-mans, General Manager of PMRNRD,
administer this contract on behalf of PMRNRD.
19. 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.
This Agreement is executed by THE CITY OF OMAHA, NEBRASKA, on this / day
of , 1998.
THE CITY OF cHA, NEB , SKA
ATTEST:
By
Mayor
City Cler
APPROVED AS TO FORM:
y o ney
This Agreement is executed by the PAPIO-MISSOURI RIVER NATURAL RESOURCES
DISTRICT, on this !h day of Apr j ( , 1998.
PAPIO-MISSOURI RIVER NATURAL
RESOURCES DISTRICT
•
By
General Manager
This Agreement is executed by SANITARY AND IMPROVEMENT DISTRICT NO. 328
OF DOUGLAS COUNTY, NEBRASKA, on this 26th day of February, 1998.
SANITARY. AND IMPROVEMENT DISTRICT
NO. 8 OF OUGLAS COUNTY, NEBRASKA
ATTEST:
By // � �i
man
Clerk
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y 3•
This Agreement isexecuted IMP
ROVEMENT Bement by SANITARY AND IM OVEMENT DISTRICT NO. 363
OF DOUGLAS COUNTY, NEBRASKA, on this 30th day of March, 1998.
SANITARY AND IMPROVEMENT DISTRICT
NO. 363 OF DOUGLAS COUNTY, NEBRASKA
ATTEST:
By
Chair
lerk
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�j Consulting Engineers & Land Surveyors 9-24-97
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q-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr May 12,E 19 98
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, S.&I.D. 328 proposes to stabilize Eagle Run Creek located Southeast
of 132nd and West Maple Road; and,
WHEREAS,S.&I.D. 363's storm water flows through Eagle Run Creek,and is willing
to participate in this stabilization project; and,
WHEREAS, the Papio Missouri River Natural Resource District is willing to
participate in the funding of the stabilization project; and,
WHEREAS, a portion of the stabilization project is within the former district
boundaries known as Sanitary and Improvement District 338, which was annexed by the City; and,
WHEREAS,the City placed$150,000.00 of S.&I.D. 338's cash on hand into the Debt
Service Fund No. 201 to pay for this work; 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 S.&I.D. 363, S.&I.D. 328,PMRNRD, and
the City of Omaha, as recommended by the Mayor, providing for creek stabilization located
Southeast of 132nd and West Maple Road,is hereby approved.
BE IT FURTHER RESOLVED:
THAT,the Finance Department is authorized to reimburse S.&I.D. 328 an estimated
amount of$150,000.00 from the Debt Service Fund No. 201 as the City's share for the stabilization
project.
P:\Pw1\5158.MAF APPRO D S TO RM:
ST C Y ATTORNEY DATE
By....
ounce ember
Adopted MAY 2 1998" 7 r
ty Clerk
Approved '
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