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ORD 34280 - Sewer district 1575 s o`�oM 144.4 RECEIVED Public Wor Department 6'mlio 4,> Omaha/Douglas Civic Center g��IL61; 97 JUL 25 1� I I: 49 2 .� �� �� 1819 Farnam Street,Suite 601 2�, E^t � Omaha,Nebraska 68183-0601 ?,, tWS _: . August 5, 1997 CITY CLERK ti (402)444-5220 � Telefax(402)444-5248 Don W.Elliott,P.E. City of Omaha Public Works Director Hal Daub,Mayor Honorable President and Members of the City Council, Transmitted herewith is an Ordinance creating Sewer District No. 1575 as requested by the Prairie Life Center of"Q" Street, Ltd, owner of Lot 1 and Lot 2 of the Prairie Life Center administrative subdivision southwest of 84th and "Q" Streets. SD 1575 will serve the two lots. Also being submitted is an Agreement which details the financial responsibility of the City and of the property owner. The owner will hire an engineering firm to design the sewer and inspect construction. The City will advertise the improvement for bidding and will select the low bidder. The City will pay the actual construction costs and engineering costs up to 12% of the construction costs and then will assess the properties according to the subdivision agreement. The estimated assessable cost of this project is $42,672.00. No design has been created nor bids taken. The final cost may be different. The cost will be paid from the Special Assessments Organization 1448, Fund 401. The Public Works Department requests your consideration and approval of the attached Ordinance and Agreement. Respectfully submitted, Referred to the City Council for Consideration: .... . 1..., isc. 5-c-P4> ?47/zy57 3 4A,7 Dow W. Elliott, P.E. Date ayor s Office/Title Date Public Works Director • Approved as to Funding: 7 2.3 7 Louis A. D' rcole Date "al inance Director P:\PW 1\4313.MAF 0 ORDINANCE NO. AN ORDNANCE creating Sewer District No. 1575 in the City of Omaha, for the purpose of constructing a sanitary sewer from near the intersection of 86th Parkway and Ohern Street to the intersection of 84th and "Q" Streets; fixing and defining the boundaries of said District; authorizing acquisition of the necessary right-of-way for the construction of the improvement; authorizing the developer's professional engineer to design and inspect the improvement; advertising for bids for the construction of the improvement; approving the execution of an Agreement between the City and the developer which provides the financial arrangements necessary for the construction of the improvement, authorizing the reimbursements to be paid from a specific account; and providing for an effective date hereof., WHEREAS,the Prairie Life Center of Q Street,Ltd.,hereinafter referred to as "PRAIRIE", sole owner of the Prairie Life Center administrative subdivision, is desirous of constructing a sanitary sewer to drain the property; and, WHEREAS,PRAIRIE and the CITY have reached an Agreement concerning the manner and extent to which public funds will be expended in connection with the improvement and the extent and method pursuant to which the cost of same shall be specially assessed to the property in the development. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That Sewer District No. 1575 is hereby created in the City of Omaha for the construction of a sanitary sewer from near the intersection of 86th Parkway and Ohern Street to the intersection of 84th and "Q" Streets. Section 2. The outer boundary of Sewer District No. 1575 shall be the outer boundary of Lot 1 and lot 2 of the Prairie Life Center administrative subdivision as shown on Exhibit "A" of the attached agreement. Ordinance No. 3 (/}-ge) Page 2 Section 3. That the Purchasing Agent of the City of Omaha be and hereby is directed to advertise for and receive bids on a sanitary sewer installation with said bids to be made under and in accordance with the plans and specifications to be prepared for and on file in the office of the City Engineer,and the Public Works Director is hereby directed to prepare an estimate of the cost of such improvement. Section 4. That the Public Works Department is hereby authorized and directed to acquire any right-of-way needed for the construction of sewer improvements to be constructed in said district. Section 5. That the Agreement between the City of Omaha and PRAIRIE, which by this reference is made a part hereof, as recommended by the Mayor,which provides for the construction cost arrangements and special assessment of costs incurred, is approved. Section 6. That this Ordinance,being administrative in nature, shall take effect and be in full force upon the date of its passage. INT UC BY COUNCILMEMBER --.—�.— APPROV D BY: I!n 1 fddffii r7 PASSED AUG ) 9 1997 OF I `CITY OF 0 • •�� DATE ATTEST: CI CLERK OF CITY OF OMAHA i• APPROVED AS TO FORM: SS TA ATTORNEY DATE P:\PW 1\4314.MAF . AGREEMENT This AGREEMENT made and entered into by and between the City of Omaha, a Municipal Corporation of the State of Nebraska, hereinafter referred to as the "CITY" and the Prairie Life Center of Q Street,Ltd., a Nebraska Limited Partnership,hereinafter referred to as "PRAIRIE". WITNESSETH WHEREAS, PRAIRIE is the legal owner of certain real estate located within the City Limits southwest of the intersection of 84th Street and"Q" Street platted as Lot 1 and Lot 2 of the Prairie Life Center administrative subdivision which is not currently served by a sanitary sewer; and, WHEREAS, PRAIRIE has requested the CITY to create a Sanitary Sewer District for the purposes of constructing a sewer to serve the property; and, WHEREAS, PRAIRIE and the CITY have reached an agreement concerning the manner and extent to which public funds will be expended in connection with the improvement and the extent and method to which the cost of same will be specially assessed to the Subdivision. NOW THEREFORE, the following is agreed between the parties hereto: 1. That PRAIRIE, being the sole owner of the property platted as Lot 1 and Lot 2 of the Prairie Life Center administrative subdivision, more fully described in Exhibit"A" attached,hereby petitions the CITY to create a Sanitary Sewer District for the construction of the sewer. By this request, PRAIRIE agrees to waive its right to protest the creation of the District. 2. The firm of Thompson, Dressen, & Dorner(TD2)has been retained by PRAIRIE to do the design and construction management work required for the Sanitary Sewer District, SD 1575. TD2 shall prepare a design, including design drawings, specifications, and an estimate of the construction cost for SD 1575. The design package shall be provided to the CITY, Public Works Department, General Services Division, for public bidding. 3. The approximate location and estimate of the cost for this sewer, both prepared by TD2 for PRAIRIE, is attached. The approximate location is shown as Exhibit`B 1". The estimated assessable cost for this project is shown as Exhibit"B2". This estimate is based on historical records only. No plans have been finalized nor have bids been received. The final assessable cost may differ from this estimate. 4. PRAIRIE shall be responsible for paying TD2 any fees and costs. A maximum of 12%of the actual construction costs required for SD 1575 may be assessed to the District for design and construction management costs. PRAIRIE shall assign the contract with TD2, attached as Exhibit"C",to the CITY, and the CITY agrees to accept such assignment within 30 days after the approval of this Agreement and the creation of SD 1575 by the City Council. 1 PRAIRIE shall be directly responsible for paying TD2 any fees and/or costs which exceed the 12%maximum mentioned above. 5. After construction has been completed,the CITY shall prepare a special levy ordinance for presentation to the Board of Equalization to levy a special assessment against the property herein described as a lien against said property as provided by law.. As provided by law, the assessment shall be payable over a period of 10 years at the rate of interest chargeable for special assessments in the year assessed. This Agreement runs with the land described herein and is binding upon the successors and assigns of the parties hereto. 6. The entire cost as defined herein shall be assessed to the property in proportion to the respective areas of Lot 1 and Lot 2. For the purposes of this Agreement,the areas will be taken as 305,313 square feet for Lot 1 and 52,267 square feet for Lot 2. 7. With this Agreement,the City agrees to allow PRAIRIE to proceed with SD 1575 on an expedited basis. This reduces the level of review normally afforded a sanitary sewer district by the CITY. In return, PRAIRIE agrees to waive its right to challenge the amount being assessed, as long as the amount is the same as the total assessable cost as defined by this Agreement, and waives any challenge the procedures used to create or assess the district. 8. Neither the CITY nor PRAIRIE shall, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, disability,political or religious opinion or affiliations, or national origin. 9. 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 Agreement. 10. No changes may be made to this Agreement or any attachments thereto except in writing and agreed to by the parties. The Public Works Director of the City of Omaha shall have the authority to administer this Agreement on behalf of the City and to exercise discretion with respect to those matters contained herein so long as the project proceeds in general accord with the design referenced herein. 11. The CITY and PRAIRIE agree to do all things necessary or appropriate to carry out the terms of this Agreement and to aid and assist each other in carrying out its terms. IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed by the parties as of the dates indicated below. Executed by Prairie Life Center of Q Street,Ltd. this VA day of , 1997. L; SAr, I ku..e.. Witness: By: Name/Title 2 07/08/97- 14:31 $1 402 330 5866 = .TD2 . ° -+-+a OMAHA PUBLIC WK f 1005/005 1 1 I� 1 LOT 2 \ 1 ' LOT 4 • 9 .0 Epp- II If� ,1 OH \ 1 4 1 1 1 1 WENTWORTH ' 1 11 `` N PROPOSED snnmurt:+.Mca LOT 1 1 LOT 6 [t _ 1 1 • Str WI' zvr Mt I I 1 --- -- -- ------ 1 ----�,�,, ---- "Q" STREET PROPOSED STREET ocorAnOh 1 1 I 1 , LOT2 t '�`__--�_- -- U �' , , PRAIRIE LIFE CENTER j _ • 4 I � `1 LOT 1 •f • 1 S 1 I1.1.0,,,,, • 1 $11::) , I II 10 • . h SEWER DISTRICT 157 V01 1.1.1( • 07/08/97 14:81 $1 402 330 5866 ' ' TD2 • ` 4-'4 OMAh A PUBLIC WK la 004/005 ENGINEER'S PRELIMINARY ESTIMATE Date: July 8, 1997 SANITARY SEWER DISTIRCT 1575 THOMPSON DREESSEN DORNER, INC. Location: 86th Parkway and "Q" Street 10836 Old Mill Road Client: Prairie Life Center Omaha, NE 68154 City: Omaha, Nebraska TD2#919-162 Page 1 of 1 File:C:1123DATA1919162SD.WK4 ITEM DESCRIPTION QUANTITY UNIT U{VIT PRICE TOTAL 1. 8" Sanitary Sewer Pipe 800 LF $18.00 $14,400.00 . 2. Bore & Jack 16" Casing 100 LF $100.00 $10,000.00 3. Standard Manhole 40 VF $110.00 $4,400.00 4. Manhole Ring & Cover 4 EA $350.00 $1,400.00 5. Remove & Replace Pavement 35 SY $40.00 $1,400.00 6. Tap Existing Manhole 1 EA $500.00 $500.00 7. Crushed Rock Bedding 200 TON $15.00 $3,000.00 8. Restoration Lump Sum $3,000.00 Estimated Construction Cost $38,100.00 Misc. Cost (Eng., Testing, Staking, &Admin.) 12% Assessable $4,572.00 Misc. Cost (Eng., Testing, Staking, &Admin.)Non Assessable $3,928.00 Television Inspection 450 LF $0.60 $270.00 Total Estimated Sanitary Sewer Cost $46,870.00 Estimated Assessable Cost $42,672.00 M n 1� 0 kitic • v ;. -„2. THOMPSON, DREESSEN & DORNER, INC. Consulting Engineers & Land Surveyors ROBERT E.DREESSEN.P.E. July 7, 1997 WILLIAM P.DORNER.L.S. NELSON J.HYMANS.P.E. JAMES D.WARNER. L.S. CHARLES E.RIGGS.P.E. KA"KIP"P.SgUIRE III.P.E. Mr. Mark Sweet JOHN M. KOTTMANN. P.E. ARTHUR D.BECCARD.P.E. Prairie Life Center JOSEPH G.KOSINOVSKY.P.E. 8525 Q Street DOUGLAS S. DREESSEN, P.E. BRADLEY K. BLAKEMAN.P.E. Omaha, NE 68127 DEAN A.JAEGER.P.E. RICHARD M.BROYLES.L.S. DAVID H. NEEF.L.S. ROBERT E.NOVOTNY.P.E. RE: Sanitary Sewer District 1575 RONALD M.KOENIG.L.S. 84th & 'Q' Street MARIE D. BELONGIA. P.E. CHRIS E. DORNER-L.S. • Omaha, Nebraska LORAS A.KLOSTERMANN.P.E. TD2 File No. 919-162.10 1997 Proposals Dear Mr. Sweet We propose to furnish certain civil engineering and surveying services relative to the design of Sanitary Sewer District 1575 for Lots 1 and 2, Prairie Life Center, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska. Description of Services: Survey Services 11r 1. The proposed general routing of the sanitary sewer (86th Parkway from 'Q' Street north) shall be la surveyed and a topographic map prepared showing the following: A. Contours based on USGS datum will be shown at one foot intervals except where slopes are greater than 3:1. On slopes greater than 3:1, contours will be shown at an interval that is appropriate to the scale of the drawing and the topography of the site. Elevations at an �- appropriate grid will be determined using electronic data collection equipment. Spot elevations will not be shown on the drawing. However, the elevation obtained by the electronic collection equipment will be placed on designated layers on Auto CADD for reference if necessary. B. The survey will show above-ground physical features. The location and elevation of ; sanitary and storm sewers will be shown where physical evidence can be seen on the surface of the ground and manholes can be accessed. The location of underground sewers serving adjoining properties will be shown based upon records made available by the City of Omaha. 10836 OLD MILL ROAD • OMAHA, NEBRASKA 68154-2685 • 402-330-8860 • FAX 402-330-5866 • i . Mr. Mark Sweet July 7, 1997 Page 2 C. The survey will show easements listed in a title search or a commitment for title insurance if a copy of such is furnished. If a title search is not available, and if you so desire, we will retain a qualified abstractor to furnish a title search and will be responsible for showing only those easements that are in the title report. The cost of this report will be added to the cost of the services. D. The surveyor will contact the "Underground Diggers Hotline" and request that the underground utilities be located. The utilities located as the result of that request will be shown on the survey as well as a list of the utility companies responding to the request. The locations and sizes of the underground utilities shown on the survey will be based upon records made available by the owners of the utilities and the locations marked on the site by representatives of the utility companies. The exact location and sizes may vary from the location and sizes shown when the utilities are exposed during construction. Design Services 2. Meet with City of Omaha Public Works Officials to select the most cost-effective routing of the proposed sanitary sewer. 3. Prepare Plan and Profile Drawing of the selected sanitary sewer route in accordance with City of Omaha Public Works Department requirements and standards. 4. Prepare Special Provisions and Specifications for use by the Public Works Department in the Project Bid Documents. (� 5. Prepare an estimate of quantities and costs of the work set forth in the construction drawings and specifications. Such Project Costs shall include construction costs, engineering fees, inspection fees, construction management fees, testing expenses and right-of-way costs. 6. All plans shall be drafted, ready for reproduction. ktf Services During Construction 7. General administration and supervision over the construction including specifically: A. Examination of contractor's shop drawings. B. Field testing of materials for use in construction, including field laboratory control of �. trench compaction and pavement materials, however, that it shall not be the obligation of the Engineer to perform or obtain special tests and research, mill, shop, and laboratory testing of materials and equipment, or foundation explorations such as borings, test pits and soil mechanics laboratory investigations. !; • Mr. Mark Sweet July 7, 1997 Page 3 C. Consultation and advice to Contractor, as reasonably required during the course of construction. D. Construction staking. E. Periodic review of progress and the rendition of estimates upon which to base partial payments to the Contractor. F. Television inspection of the completed sewer as required by the City of Omaha shall be arranged by the Engineer. The cost of television inspection service shall be paid by Prairie Life Center and is not part of this proposal. G. Final inspection, report and payment estimate. H. Prepare "Record Drawings" showing as constructed conditions of the project. We propose to furnish the above services on a time-material basis as required by the project. At this time, we estimate the cost of the services outlined to be $8,500.00. We will not exceed this cost without your written approval. We will furnish a summary of work completed and project status review with each monthly billing. We appreciate the opportunity to submit this proposal. If this proposal is acceptable, please have the extra copy signed on behalf of the entity for whom we would be working. Feel free to contact me if clarifications are needed. Sincerely, THOMPSON, DREESSEN & DORNER, INC. , Dean A. Jaege , P. L DAJ/mc This proposal is accepted this \O day of y 1997 for:. e-� � Billing Address: 8�zo • Company o ividual boo By: (Signature) , N LQ8\\ -\ Title: ct\ �o-� ��►.�i-" -3qo (ko sZ)�`��� Telephone No. / Facsimile No. m ri �. 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