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RES 2016-0703 - Interlocal 168th St to Bedford Ave 0�oM Ali,A,Ngg� � U `� "s� � Public Works Department '. rx ➢ Omaha/Douglas Civic Center • ��� «� ^ May24, 2016 1819 Farnam Street,Suite 601 �� !'� t � �Rlc ,, F r;R o�'. � M�ti: jl 1 t�'i Omaha,Nebraska 68183-0601 °o (402)444-5220 �4rEa FE9Bv�4 Fax (402)444-5248 City of Omaha , c ;C r Robert G. Stubbe, P.E. Jean Stothert,Mayor "" `�`"` n � Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving an Interlocal Cooperation Agreement with Douglas County for the improvement of 168th Street from approximately the north edge of the Union Pacific Railroad bridge north of West Dodge Road, north to approximately Bedford Avenue, known as OPW 52892 and OPW 52893. This Agreement will allow for the City to participate, along with Douglas County, in developing plans for the implementation of preliminary engineering and design services for the improvement of 168th Street from approximately the north edge of the Union Pacific Railroad bridge north of West Dodge Road, north to approximately Bedford Avenue. The Agreement defines the terms and conditions for which the City of Omaha and Douglas County will be responsible. The estimated cost of the preliminary engineering and design of this project is $707,637.00. All costs shall be paid for entirely by Arterial Street Improvement Program (ASIP) funds, and will be paid from the City Capital Improvement Fund 13112, City Capital Improvement Organization 131555, as a part of the Capital Improvement Program Transportation Project#418. The Public Works Department requests your consideration and approval of the attached Resolution. Res ectfully submitted, Referred to City Council for Consideration: r7 4,2 6}. ,> Ro ert G. Stubbe, P.E. Date Mayor's Office Date Public Works Director Approv d: /4 —....._, S eph . Curtiss ate Finance Director 19 1342hra C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha and Douglas County desire to participate in the improvement of and cost-share for 168th Street from approximately the north edge of the Union Pacific Railroad bridge north of West Dodge Road, north to approximately Bedford Avenue, known as OPW 52892 & OPW 52893; and, WHEREAS, the parties desire to enter into the attached Interlocal Cooperation Agreement for this project, which by this reference is made part hereof, which delineates the roles and responsibilities of the City of Omaha and Douglas County regarding the implementation of this Plan; and, WHEREAS, this Agreement will be paid for entirely by Arterial Street Improvement Program (ASIP) funds with the amount of funding estimated to be $707,637.00 to be paid from the City Capital Improvement Fund 13112, City Capital Improvement Organization 131555, as a part of the Capital Improvement Program Transportation Project#418. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Interlocal Agreement between the City of Omaha and Douglas County for 168th Street from approximately the north edge of the Union Pacific Railroad bridge north of West Dodge Road, north to approximately Bedford Avenue, including provision for an estimated cost of $707,637.00 to be paid from the City Capital Improvement Fund 13112, City Capital Improvement Organization 131555, as a part of the Capital Improvement Program Transportation Project #418 and reimbursed by Arterial Street Improvement(ASIP) fund, is hereby approved. 1341hra APPROVED AS TO FORM: CITY ATTORNEY DATE By & JSL7 01141 Councilmember Adopted MAY 2 4 2016 ClaWeda ,/.4411 /� � ity Clerk Approved._...)�G ' ` 74 "4 Mayor NO. .........;:. ' .,..... Resolution by Res. that, as recommended by the Mayor, the Interlocal Agreement between the City of Omaha and Douglas County for 168th Street from approximately the north edge of the Union Pacific Railroad bridge north of West Dodge Road, north to approximately Bedford Avenue, including provision for an estimated cost of $707,637.00 to be paid from the City Capital Improvement Fund 13112, City Capital Improvement Organization 131555, as a part of the Capital Improvement Program Transportation Project #418 and reimbursed by Arterial Street Improvement (ASIP) fund. is hereby approved. 1341 Bhra Presented to City Council MAY 2 4 2016 Adopted 7 - 0 euiter grown City Clerk Resolution No: 417 ADOPTED: June 28, 2016 s • • • a BE IT RESOLVED BY THIS BOARD OF COUNTY COMMISSIONERS THAT: the Chairman be and is hereby authorized to execute the Interlace! Agreement between Douglas County, Nebraska, and the City of Omaha, Nebraska for Douglas County Project No. C-28(546) — 168th Street between West Dodge Road and West Maple Road improvements, copies of which are attached hereto and incorporated herein by reference. The estimated cost of the preliminary engineering and design of this project is $707,637.00, with all costs paid for entirely from Arterial Street Improvement Program (ASIP) funds. The City of Omaha will serve as the lead agency for the project. DATED THIS 28th DAY OF JUNE, 2016. Motion by Boyle, second by Duda to approve. I move the adoption of the resolution. Adopted: June 28, 2016 Yeas: Boyle, Cavanaugh, Duda, Kraft, Morgan, Borgeson Q Absent: Rodgers 0 (CERTIFIED COPY) mo 1 G 13'1 ' 18,4 `, N Daniel A, Esch Douglas County Clerk INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into this dG day of 2016 by and between the CITY OF OMAHA, a Municipal Corporation of the State of ebraska, hereinafter referred to as "Omaha" and DOUGLAS COUNTY of the State of Nebraska, hereinafter referred to as "Douglas County". WITNESSETH WHEREAS, Omaha and Douglas County wish to jointly improve 168t" Street from approximately the north edge of the Union Pacific Railroad bridge north of West Dodge Road, north to approximately Bedford Avenue (referred to herein as "168t" Street"); and, WHEREAS, part of 168th Street lies within Omaha's corporate limits, and part of 168th Street lies outside of Omaha and within the County's jurisdiction; and WHEREAS, the parties intend to jointly fund the project from the Arterial Street Improvement Program ("ASIP") fund established pursuant to Omaha Municipal Code section 10-310 et seq.; and WHEREAS, the parties wish to describe and define their respective responsibilities for the project, in the manner described in this Agreement. WHEREAS, the preliminary engineering and design for this project shall be conducted under the designation of City of Omaha Project OPW 52893, construction from the railroad bridge to Blondo Street shall be conducted under the designation of City of Omaha OPW 52892, and construction from Blondo Street to Bedford Avenue shall be conducted under the designation of City of Omaha Project OPW 52893 (collectively referred to herein as the "project"). NOW THEREFORE, the following is agreed between the parties hereto: 1. Omaha shall serve as the lead agency for the project, shall contract for the engineering, design and construction of the entire project, and provide for ROW and contract administration. 2. The total estimated cost for the preliminary engineering and design of the project only, is $ 707,637 . Costs for right-of-way (ROW) issues, construction, and contract administration will be added by amendment to this Agreement. 3. All costs for this project shall be paid for entirely by ASIP funds. 4. Any cost sharing or funding from local property owners or Sanitary & Improvement Districts (S&ID's) towards this project shall be received and applied toward the costs incurred on this project, accordingly reducing such amounts needed from the ASIP fund. 5. After Omaha's acceptance of the contract for design of the project, the parties shall cooperate to reimburse Omaha from the ASIP fund for costs as they are incurred on the project. Omaha may process periodic requests for such payments as costs are incurred, and reimbursement shall be made within 30 days. If, at the completion of the work, reimbursements to Omaha exceed the actual total costs, Omaha shall refund the excess payments to the ASIP fund. 6. Any amendment to a contract under this project which taken alone increases the original bid price as awarded (a) by ten percent, if the original bid price is $150,000 or more, or (b) by $75,000 or more, shall be approved by the City Council in advance of the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. 7. This agreement shall remain in effect until the project has been completed, and accepted by the City. Amendments hereto shall be made in writing. 8. The parties to this agreement shall not in the performance of the terms of this contract discriminate or permit discrimination against any parties on account of race, national origin, sex, age, disability, or political or religious affiliations in violation of federal or state laws or local ordinances. 9. Drug Free Policy. Each party provides assurance that it has established and maintains a drug free workplace policy. 10. 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. 11. Interlocal Cooperation Act Provisions. This Agreement shall not create any separate legal or administrative entity. It shall be administered jointly by the parties, through one representative to be designated by and on behalf of each party. Each party shall separately finance and budget its own duties and functions under this Agreement. There shall be no jointly held property as a result of this Agreement. The Agreement shall terminate upon completion of the work contemplated by the Agreement, unless the parties consent in writing to an earlier termination. Upon termination, each party shall retain ownership of the property it owns at the time of termination. This Agreement does not authorize the levying, collecting or accounting of any tax. 12. Indemnification. Parties will indemnify, defend and hold harmless the each other from any and all liability, expense, cost, attorney's fees, claim,judgment, suit and /or cause of action (whether or not meritorious), settlement, or demand for personal injury, death or damage to tangible property which may accrue against the other Party to the extent it is caused by the negligent acts or omissions of the Indemnifying Party, its officers, employees, agents, or subcontractors while performing their duties under this Agreement, provided that the other Party gives the Indemnifying Party prompt, written notice of any such claim, suit, demand or cause of action. The other Party shall cooperate in the defense or settlement negotiation of such claim, suit, demand or cause of action. The provisions of this section shall survive expiration or termination of this Agreement. These Indemnification provisions are not intended to waive a Party's sovereign immunity. A Party's liability is governed by and limited to the extent provided by the Nebraska Political Subdivision Tort Claims Act or other applicable provisions of law. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the proper officials hereunto duly authorized as of the dates below indicated. EXECUTED BY DOUGLAS COUNTY this day of , 2016 Attest: ouglas County,,?Nebr ka ounty Clerk Date Chair,° rd of Commiss` ners Date Approved as to Form: Deputy County A orrley EXECUTED BY OMAHA this day of ,r , 2016 Attest: Omaha,Nebraska ity Clerk Date Mayor Date Approved as to Form: Deputy City Attorney