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
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Kok 4-% t SDE 4 (402)444-5220
4pED'C Fax(402)444-5248
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City of Omaha > Robert G. Stubbe,P.E.
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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.
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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:
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Stephen Curtiss ate Mayor's Office 'Date
Finance Director 'D':)
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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.
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Presented to City Council
AUG 232016
Adopted
City Clerk