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RES 2016-1171 - Interlocal Improvements intersection 42nd and Leavonworth OF oMAHA,.virroEB� _ Public Works Department !.. Traffic Engineering Division 4 1-?.�7 16 Omaha/Douglas Civic Center Farnam Street,Suite 603 o� ;Fl y ,•,: ^ August 23, 201 Ei 70 f L AUGp 2 Pi r 12: L'. Omaha,a,Nebraska 68183 0601 Kok 4-% t SDE 4 (402)444-5220 4pED'C Fax(402)444-5248 I 4 i4, City of Omaha > Robert G. Stubbe,P.E. -r Jean Stothert,Mayor ,r ..:r Public Works Director Honorable President and Members of the City Council, The attached Resolution approves the Interlocal Cooperation Agreement between The Board of Regents of the University of Nebraska, a public body corporate of the State of Nebraska and governing body of the University of Nebraska Medical Center("UNMC"), and the City of Omaha. This Interlocal Cooperation Agreement covers the design, construction, and funding arrangements between the parties for improvements to the intersection of 42nd and Leavenworth Streets, in exchange for the vacation of rights-of-way in the vicinity. If the City Council approves the UNMC-requested vacation of rights-of-way(by separate ordinance), then UNMC agrees to fund certain public improvements at 42nd and Leavenworth as considerations for the cost of the vacated land. A portion of these improvements will be deferred until the City deteijuines they are warranted by traffic conditions. UNMC will fully fund all improvements, and will be responsible for any property acquisitions or easements necessitated by the project. The Public Works Department requests your consideration and approval of the attached Resolution and Interlocal Cooperation Agreement. Respectfully submitted, This action has been reviewed and found to be 0 4- in conformance with the Master Plan. / . ,(7 ,,,lit..., 7 _ /0, 1 --ilaet- '07/4 Robert G. Stubbe, P.E. Date f mes R. Thele Date Public Works Director ,'lanning Director Approved as to Funding: Referred to City Council for Consideration: /17,4f-4 / ilif.. ..._, /t. , ------Ltit.J.Sitx-ft,12.1 Ict)1 Stephen Curtiss ate Mayor's Office 'Date Finance Director 'D':) P:\rah\1403 rah.doc INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement "(Agreement") is made and entered into by and between THE BOARD OF REGENTS OF THE UNIVERSITY OF NEBRASKA, a public body corporate of the State of Nebraska and governing body of the University of Nebraska Medical Center ("UNMC"), and THE CITY OF OMAHA, NEBRASKA, a municipal corporation ("City"). RECITALS A. The Board of Regents is an instrumentality of the State of Nebraska which governs UNMC with its campus generally located between Dewey Street and Leavenworth Streets (north/south boundaries) and 38th Avenue and Saddle Creek Road (east/west boundaries) in Omaha, Nebraska (the "Campus"). As a result of additional construction and growth of the Campus and Midtown Omaha area, vehicular and pedestrian traffic flow accessing roads and walks on and adjacent to the Campus has resulted in increased safety and capacity challenges especially east of 42" Street between Leavenworth Street and Emile Street. B. The City is a municipal corporation with the authority to construct public streets and right-of-way, including the areas in and around the Campus. C. UNMC shall request that the City vacate the 40th Street right-of-way between Emile Street and Leavenworth Street in order to improve faculty, staff and student safety with installation of a skywalk between two adjacent buildings (this area of 40th Street proposed for vacation is hereinafter called"40th Street"). D. The Parties wish to identify actions and projects to be conducted by UNMC to address the traffic impact of closing 40th Street between Leavenworth Street and Emile Street caused by the vacation, if approved. NOW, THEREFORE, in consideration of the following terms and conditions, the Parties mutually agree as follows: Section 1. Interlocal Cooperation. Pursuant to the Nebraska Interlocal Cooperation Act, NEB. REV. STAT. §§ 13-801 to 13-827, inclusive, (Reissue 1997), as amended (the "Act"), UNMC and the City enter into this Agreement to cooperate in the design, bidding, funding, and construction of certain public improvements that would be necessitated by a vacation by the City of 40th Street, along with actions in mitigation of such vacation, all as described below and collectively known as "the Project." This Agreement shall not create any separate legal or administrative entity, nor any joint budget. Each party shall separately finance and budget its own duties and functions under this Agreement. This Agreement does not authorize the levying, collecting or accounting of any tax to fund the Project. This Agreement shall be administered jointly by the parties, through one representative to be designated by and on behalf of each party. There shall be no jointly held or owned property by the Parties under this Agreement, and upon termination of the Agreement, each party shall retain ownership of the property it owns at the time of termination, except as otherwise provided herein,. Page 1 of 6 Section 2. Duration. The duration of this Agreement shall continue until the latest of (a) one (1) year following the date of completion of the construction of the Project, (b) the date upon which all obligations incurred for the Project have been paid and discharged in accordance with the terms and conditions of the resolution, contract or other instrument creating such obligation, or (c) such date as shall be determined by mutual agreement of the City and UNMC. Notwithstanding this Section 2, in the event the Board of Regents of the University does not approve the cost estimate for the Project by September 1, 2017, then this Agreement shall terminate upon the last to occur of: (a) all of the obligations incurred for the Project have been paid and discharged in accordance with the terms of this Agreement; and (b) 40th Street has been reconveyed by UNMC to the City in its original condition as provided in section 4B. Section 3. Administrator. For purposes of constructing the Project, the City is hereby designated as Administrator for the Project to act for and on behalf of the City and UNMC. The Administrator may enter into or amend one or more contracts and agreements in accordance with the provisions of this Agreement with respect to the planning, contracting for, acquiring, insuring, and all other aspects of the Project. Section 4. Performance by UNMC. UNMC shall provide the City with all necessary or requested general information regarding the proposed vacation and associated Project work, to the City and the City Council, as needed in preparation for their consideration of the proposed vacation of 40th Street. In the event that the City, through its City Council, declines to vacate 40th Street, then this Agreement shall immediately terminate. In the event that the City, through its City Council, approves the vacation of 40th Street, then UNMC shall thereafter perform, or cause to be performed, as appropriate, at its sole expense, the following tasks: A. Develop engineering plans by registered professional engineers for the Project in accordance with the City of Omaha Standard Specifications, including a cost estimate for the Project, within sixty (60) days of the execution of this Agreement. B. Submit the cost estimate for the Project to the Board of Regents of the University for consideration and approval by not later than September 1, 2017. If UNMC fails to approve the cost estimate by September 1, 2017, then UNMC shall within 30 days thereafter transfer good, marketable and unencumbered title ownership to 40th Street back to the City, restore the vacated 40th Street to its condition as it existed prior to vacation, and remove all UNMC-installed structures or improvements on or over the said 40th Street. C. Subject to approval of the cost estimate for the Project by the Board of Regents of the University, present said engineering plans to the City for approval prior to the start of the City's competitive bid process for the construction of the Project. D. Reimburse the City for any costs incurred by the City which are ultimately the responsibility of UNMC under this Agreement. E. Subject to approval of the cost estimate for the Project by the Board of Regents of the University, provide construction management services for the Project without cost to the City. Page 2 of 6 F. Obtain any right-of-way, easements, or other real property necessary for the Project including the right-of-way required for the turn lanes at the intersection of 42nd Street and Leavenworth. G. Perform or hire the performance of the design and construction management of southbound, westbound, and eastbound right turn lanes at the intersection of 42nd and Leavenworth Streets, and pay the City for construction of the same. The eastbound right turn lane at the intersection of 42nd and Leavenworth Streets may be deferred until such time as traffic conditions warrant its installation (as determined by the City). Upon written notification by the City Engineer of the City to UNMC requesting that the eastbound right turn lane be installed, UNMC shall provide for its construction per the terms of this Agreement. UNMC's latter duty to construct the eastbound turn lane when requested shall survive after the duration of this Agreement, unless this Agreement is terminated by reason of the Board of Regents' failure to approve the cost estimate by September 1, 2017. Section 5. Performance by the City. The City,through its City Council, shall consider, and approve or deny, the proposed vacation of 40th Street. In the event that the City, through its City Council, shall approve the vacation of 40th Street, then the City shall perform, or cause to be performed, as appropriate, the following tasks: A. Pursuant to the City's bidding and public procurement requirements, and subject to the aforesaid timely approval of the cost estimate for the Project by the Board of Regents of the University, secure the services of contractor(s) for the construction and performance of the Project (except those services to be performed by a person directly hired by UNMC under Section 4 above) with Project completion date as mutually agreed upon by both UNMC and the City. The City shall not award a contract to any contractor for work without the express written authorization of UNMC. B. The City will evaluate the traffic signal phasing at the intersection of 42nd and Leavenworth Streets and at its sole discretion may incorporate changes as warranted, at the cost of the City. Section 6. Cost of Project. A. UNMC shall pay for the cost to obtain any right-of-way, easements, or other real property necessary for the Project, and for the engineering plans, construction, and construction management services related to the Project. B. UNMC shall pay to the City the balance of the cost of the Project. The City shall bill UNMC every thirty (30) days commencing thirty (30) days after the start of work of the Project for work completed up to that time period. UNMC shall make payment to the City within 30 days of each such bill. C. The "cost" of an improvement or element of the Project shall be deemed to include all construction costs, engineering fees, attorneys' fees, testing expenses, publication costs, financing costs, and miscellaneous costs. Page 3 of 6 Section 7. Elements of the Project. Upon the City's approval of the 40th Street vacation, the following described Project shall be performed. Elements of the Project shall be performed by the City or by UNMC, as set forth above. The cost of all elements of the Project performed by the City shall be reimbursed to the City by UNMC. The elements of the Project shall include the following (collectively referred to herein as the "Project"): The scope of the Project shall include the construction of southbound, westbound, and eastbound right turn lanes at the intersection of 42"d and Leavenworth Streets, along with related appurtenances, sewers, inlets, sidewalks, and other items typically required with lane addition construction. B. With respect to the eight- (8) inch sanitary sewer currently underneath 40th Street: 1. UNMC shall provide written verification from a qualified engineer or other professional as to whether UNMC has any connection to the said sanitary sewer underneath 40th Street. 2. If UNMC has no connection to the sanitary sewer and has no future need for any such connection, the sewer shall be abandoned in place by a qualified contractor of UNMC, by plugging it at the location of the manholes in Dewey Avenue and Emile Street. Any abandonment and plugging of the 8" sewer shall be done by the contractor per City Standards and proof of work shall include, but not be limited to, "as-built" drawing(s) and manhole/pipe connection photo(s). 3. If UNMC has a present connection or wishes a future connection to the said sewer, the said sewer shall be converted to a private sewer. In such event, UNMC would agree to be responsible for all maintenance and repair on this sewer. 4. If conditions prevent the abandonment of the sewer, or UNMC does not wish to convert the sewer to a private sewer, then the City shall retain a permanent easement for maintenance and repair of the said sewer. In such event, UNMC shall be responsible for any damages to any UNMC property, paving, or buildings brought about or caused by the City's maintenance or repair of the sewer. Also in such event, UNMC shall indemnify, defend, and hold harmless the City from any damages, causes of action, costs, or expenses incurred by UNMC or anyone else, caused by the City's maintenance or repair of the sewer. 5. UNMC shall submit appropriate documentation to the Sewer Maintenance Division of the City (located at 6880 Q Street, Omaha 68117) for any of the aforementioned modifications to the eight- (8) inch sanitary sewer currently underneath 40th Street. Section 8. Conflict of Interest. Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in this Agreement. Page 4 of 6 Section 9. Discrimination. Neither UNMC nor the City shall, in the performance of this Agreement, discriminate or permit discrimination against any person because of race, sex, age, disability, national origin, political beliefs or affiliations in violation of federal or state laws. Section 10. Amendment. This Agreement may be amended in writing signed by the City and UNMC. Any amendment to this Agreement must first be approved by resolution of the governing body of each Party. Section 11. Miscellaneous. The instrument contains the entire agreement of the Parties and shall be binding upon the successors and assigns of the respective Parties. No amendment, deletions, or additions shall be made to this Agreement except in writing. Page 5 of 6 Executed this ,.5 day ofaerted- , 2010. CITY OF OMAHA,NEBRASKA THE BOARD OF REGENTS OF THE a municipal corporation UNIVERSITY OF NEBRASKA, a public body corporate of the State of Nebraska and governing body of the University of Nebraska Medical Center fd�,� Jean Stothert, Mayor Date H nk M. Bou d President Date City of Omaha ATTEST: ATTEST: �s �G ity Clerk Corporation Secretary APPROVED AS TO FORM: ak-; a. -4- 6/ ''ity Attorney 4824-5894-8400,v. 2 Page 6 of 6 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,The Board of Regents of the University of Nebraska,a public body corporate of the State of Nebraska and governing body of the University of Nebraska Medal Center("UNMC") proposes to vacate certain rights-of-way in the vicinity of the intersection of 42"d and Leavenworth Streets (by separate ordinance); and, WHEREAS,in the event that the City Council approves the UNMC-requested vacation of rights-of-way (by separate ordinance), UNMC agrees to fund certain public improvements at the intersection of 42' and Leavenworth Streets; and, WHEREAS,UNMC agrees to acquire any easements or property necessitated by the public improvements; and, WHEREAS,a portion of the improvements will be deferred until the City determines they are warranted by traffic conditions; and, WHEREAS, an Interlocal Cooperation 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 Cooperation Agreement between the City of Omaha and The Board of Regents of the University of Nebraska, a public body corporate of the State of Nebraska and governing body of the University of Nebraska Medical Center("UNMC"),as recommended by the Mayor,providing for the funding by UNMC of public improvements to the intersection of 42"a and Leavenworth Streets in exchange for the City's vacation of rights-of-way in the vicinity (by separate ordinance), is hereby approved. P:\rah\1404rah.doc APPROVED AS TO FORM: � �` z -� 'ITY ATTORNEY DATE 4By �• Councilmember Adopted / UG..2..3. 2 7 - City Clerk 001g Appro�&� �C, Mayor NO. .\ . .. Resolution By Res. that, the Interlocal Cooperation Agreement between the City of Omaha and The Board of Regents of the University of Nebraska, a public body corporate of the State of Nebraska and governing body of the University of Nebraska Medical Center (``UNMC"), as recommended by the Mayor.providing for the t:= funding by UNMC of public improvements to the intersection of 42nd and Leavenworth Streets in exchange for the City's vacation of rights-of-way in the vicinity (by separate ordinance), is hereby approved. P:\rah\1404rah.doc Presented to City Council AUG 232016 Adopted City Clerk