RES 2016-0703 - Interlocal 168th St to Bedford Ave 0�oM Ali,A,Ngg�
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Omaha/Douglas Civic Center
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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:
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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
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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)
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13'1 ' 18,4 `,
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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