RES 2017-0790 - Interlocal Construction of Sewer - Sanitary Interceptor Sewer Element of 0MAHA,NF�� Public Works Department
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o �'' "�^ Omaha,Nebraska 68183-0601
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City of Omaha Robert G. Stubbe,P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
The attached Resolution approves the Interlocal Cooperation Agreement between Sanitary and
Improvement District (S.&I.D.) 559 of Douglas County, Nebraska, and the City of Omaha. This
Interlocal Cooperation Agreement covers the construction of sanitary interceptor sewer to serve
development within S.&I.D. 559 and other future developments in the vicinity.
The Interlocal Cooperation Agreement covers the construction of the WP-243.1a sewer link and
a portion of the WP-243.1 b link as identified in the 2015 update to the Sanitary Interceptor Sewer
Element of the City's Master Plan. The cost of the interceptor sewer, currently estimated at
$1,927,460.00, shall be paid from the Interceptor Sewer Construction, Organization 116921, Fund
12133.
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
in conformance with the Master Plan.
C ry -)Y"'4F"Vilti‘---- to' 2. il
R\`Robert G. Stubbe, P.E. Date "James R. Thele Date
Public Works Director e.Planning Director
Approved as to Funding: Referred to City Council for Consideration:
i' ,h6) 6/3/1 -7 k.) _ .5_
St en B. Curti s Date Mayor's Office Date
Finance Director -1
P:\rah\1493rah.doc
INTERLOCAL COOPERATION ACT AGREEMENT
FOR EXTENSION OF INTERCEPTOR SEWER
This Agreement is made and entered into by and between the City of Omaha, Nebraska
(hereinafter referred to as the "City"), and Sanitary and Improvement District No. 559 of
Douglas County,Nebraska(hereinafter referred to as "SID 559").
RECITALS
WHEREAS, SID 559 is presently undertaking the development of the real property
known as the Indian Pointe Subdivision which is located northeast of West Maple Road and
192nd Street in Douglas County,Nebraska; and
WHEREAS, the City has authorized the extension of the City's interceptor sewer to
service the area described in Exhibit"A"attached hereto (the "Service Area"); and
WHEREAS, the City and SID 559 desire to extend the interceptor sewer to service the
Service Area by constructing an extension to the City's interceptor sewer system within the
locations described in Exhibit`B" attached hereto; and
WHEREAS, the City and SID 559 desire to enter into this Agreement to provide for the
design, construction, operation, maintenance, repair, replacement, regulation, payment and
ownership of the extended interceptor sewer line and to specify the rights, duties and obligations
of the City and SID 559 in connection therewith; and
WHEREAS, it is in the best interest and is mutually advantageous to the City and SID
559 to enter into this Agreement to provide for the construction of the Improvements.
NOW, THEREFORE, in consideration of the covenants herein set forth, the City and SID
559 do hereby agree and contract with each other as follows:
1. No Administrative Entity. There shall be no separate legal or administrative
entity created to administer this Agreement and, therefore, no separate budget established for
such an entity.
2. Project. The Project shall consist of the design, easement acquisition, bid letting,
contract administration, construction, engineering observation and administration of construction
and other work related to the construction of a sewer line extension to the City's interceptor
sewer within easements in the locations described in Exhibit "B" attached hereto to serve the
Service Area(the "Improvements").
3. Easement Acquisition. SID 559 shall acquire the appropriate permanent and
temporary construction easements for the locations in which the Improvements will be
constructed. The easements shall run to the benefit of the City and SID 559 and shall be in the
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form approved by the City.
4. Plans and Specifications and Construction Management and Supervision. SID
No. 559 will contract with Thompson, Dreessen & Dorner, Inc. (the "Project Engineer"),
registered engineers in the State of Nebraska, for the preparation of plans and specifications for
the construction of the Improvements. The final plans and specifications shall be subject to
approval by each of the parties hereto, which approval shall not be unreasonably withheld.
Construction management and construction supervision of the construction and installation of the
Improvements shall be performed by the Project Engineer.
5. Construction. SID 559 agrees to cause the Improvements to be constructed in
accordance with the plans and specifications approved by the parties hereto in accordance with
Paragraph 4, Construction, supervision, administration, and construction management shall be
performed by Thompson, Dreessen & Dorner, Inc. (Project Engineer) on behalf of the City and
SID 559. During the course of the construction of the Improvements, the Project Engineer will
provide the inspection of the work to insure compliance with the final plans and specifications.
6. Total Cost of the Improvements. The Total Cost of the Improvements shall
include the design, plans, bid letting, construction management, construction administration,
construction supervision, engineering, construction costs, utility relocation costs, publication
costs, SID 559 attorney fees relating to the Improvements and SID 559 financing fees relating to
the Improvements paid for by SID 559.
7. Engineer's Estimate of Total Cost of the Improvements. The Project Engineer's
estimate of the Total Cost of the Improvements is set forth in Exhibit"C" attached hereto and are
as follows:
Construction Costs: $1,270,020.00
Permanent Easement Acquisition: 2.15 acres at $30,000.00 per acre = 64,500.00
Temporary Easement Acquisition: 6.40 acres at $6,600.00 per acre = 42,240.00
Estimated Costs including engineering fees, legal fees, fiscal fees,
Interest, and other miscellaneous costs: 550,700.00
Total Estimated Cost: $1,927,460.00
8. Bid Letting. SID 559 shall be responsible for the bid letting process. The Project
Engineer has let the Improvements out for public bidding with a bid letting date of June 26,
2016. SID 559 accepted the low bid of Kersten Construction, Inc. for the Improvements in the
amount of$1,353,848.30. SID 559 has entered into a contract with Kersten Construction, Inc. to
complete the Improvements, which contract also includes the construction of an outfall sewer for
SID 559, however, the only cost that the City will reimburse to SID 559 are those costs which
relate to the Interceptor Sewer. The acceptance of the Kersten Construction, Inc. bid and the
contract between SID 559 and Kersten Construction, Inc. to complete the Improvements is
acceptable with the City.
2
9. Ownership of the Improvements. Upon completion of the Improvements and
reimbursement by the City to SID 559 for the Total Cost of the Improvements paid by SID 559,
the City shall own, operate and maintain the Improvements.
10. Payment of the Total Cost of the Improvements. SID 559 shall pay for the cost of
the Project Engineer, the easement acquisitions, the bid letting and contract acceptance, contract
administration, construction supervision, construction cost, and attorney fees, publication fees
and financing relating to such improvements. Upon completion of the Project and SID 559
submitting a Statement of Cost for the Total Cost of the Improvements to the City, the City, from
the City's Interceptor Sewer Fee Fund, shall reimburse SID 559. When feasible, SID 559 shall
submit to the City the Project Engineer's payment recommendation for payment to the contractor
and other project costs, including engineering and attorney fees. Within 7 days of receiving such
invoice, the City shall inform SID 559 as to whether or not it will pay such cost directly at such
time or shall defer from paying such costs until the end of the project and SID 559 shall then pay
such cost/invoices. In the event the City elects to make such interim payments, it will do so
within 20 days after receipt of the payment recommendation/invoice and make payment directly
to the contractor or entities entitled to such payments per the payment recommendation or
invoice. As to any interim payments made by the City, there shall be no SID 559 financing
charged as to such payments. Payments made by the City will be paid from the Interceptor
Sewer Fund,per the Sanitary Interceptor Sewer Element of the City's Master Plan.
11. Payment of Total Cost upon completion of the Improvements. Within 30 days of
the date that the Project Engineer certifies to SID 559 and the City as to the completion of the
Improvements, SID 559 shall submit to the City a Statement of Cost which shall set forth and
break out the total cost paid by SID 559 for the Improvements, and those interim payments that
were made by the City. The City shall reimburse SID 559 for the total cost paid by SID 559..
Upon payment by the City to SID 559, the City shall then be the owner of the Improvements.
12. Subdivision Agreement. Under the terms of the Subdivision Agreement dated
February 2, 2016, between the City, FRK Development, LLC (Subdivider), the Indian Pointe
Homeowners Association, Inc., and SID 559, SID 559 agreed to construct the Improvements and
the City agreed to reimburse SID 559 for the Total Cost of the Improvements from the City's
Interceptor Sewer Fee Fund upon completion of the Project (Section II (B)(6) of the Subdivision
Agreement).
13. Purpose of Agreement; Timing of Work. It is the mutual desire and intention of
the parties that construction of the Improvements shall be completed by June 1, 2017.
Accordingly, the parties agree to cooperate with each other and make reasonable, good faith
efforts to perform their obligations hereunder in a timely manner so as to achieve completion of
all of the Improvements contemplated by the Agreement by June 1, 2017.
14. Records. SID 559 shall maintain records of all construction and other costs
incurred in connection with the Improvements and the City shall have the right to audit and
review such records at any time to assure that such records are accurate.
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15. Duration. This Agreement shall continue until such time as the Improvements to
be performed by SID 559 pursuant to this Agreement have been completed, unless this
Agreement is terminated sooner by the written agreement of all parties hereto.
16. Appointment of Administrators. The Project Engineer shall administer this
contract on behalf of SID 559, the City Engineer shall administer this contract on behalf of the
City.
17. 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 the Agreement except in writing signed by all parties.
18. Drug Free Workplace Policy. All parties to this Agreement represent that it has
established and maintains a drug free workplace policy.
19. Nondiscrimination. In accordance with the Nebraska Fair Employment Act, Neb.
Rev. Stat. §48-1122, all parties to this Agreement represent that neither it nor any of its
subcontractors or agents shall discriminate against any employee, or applicant for employment to
be employed in the performance of this Agreement, with respect to hire, tenure, terms,
conditions, or privileges or employment because of the race, color, religion, sex, disability, or
national origin of the employee or applicant.
20. New employee work eligibility status. All parties are required and hereby agree
to use a federal immigration verification system to determine the work eligibility status of new
employees physically performing services within Nebraska. A federal immigration verification
system means the electronic verification of the work authorization program authorized by the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known
as the E-Verify Program, or equivalent federal program designated by the United States
Department of Homeland Security or other federal agency authorized to verify the work
eligibility status of newly hired employees.
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Executed bythe Cityof Omaha thisday U/Je
�,,, of � , 2017.
ATTEST: THE CITY OF OMAHA, NEBRASKA
-3" B -----,e-lt"---" S-k) - tik le reljr4
City Cle Mayor
APPROVED AS TO FORM:
0 City Attorney
Executed by SID 559 this `1-/ day of 7 , 2017.
ATTEST: SANITARY & IMPROVEMENT DISTRICT
NO. 559 OF DOUGLAS COUNTY,NEBRASKA
Cc� By: c! �� 4 lb
Clerk Chairman
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May 24, 2016
Chairman and Board of Trustees
Sanitary and Improvement District No. 559
of Douglas County, Nebraska
c/o Mr. James Lang, Attorney
Lang Woodward LLC
13340 California Street, Suite 203
Omaha, NE 68154
RE: Indian Pointe Interceptor Sewer 2016
Description of Work to be Performed
TD2 File No. 1793-112.37
Board Members:
The following is a description of work to be performed for the above-referenced project.
Construct 18-inch I.D. Interceptor Sewer in the following locations:
IN PARTS OF THE SW% and NW %OF SECTION 9 - T15N - R11E
Beginning at a point 525 feet east and 50 feet south of the southwest corner of the NW%of Section 9—
T15N— R11E of the 6th P.M., Douglas County, Nebraska; thence, northerly for a distance of 2490 feet,
more or less, to a point 180 feet east and 360 feet south of the northwest corner of NW%4, said section.
IN PARTS OF THE NW%OF SECTION 9 -T15N - R11E, THE NE '/4 OF SECTION 8—T15N— R11E,
AND THE SE % OF SECTION 5—T15N — R11E
Beginning at a point 180 feet east and 360 feet south of the southeast corner of the SE "/ of Section 5—
T15N— R11E of the 6th P.M., Douglas County, Nebraska; thence, northwesterly for a distance of 1790
feet, more or less, to a point 620 feet west and 1200 feet north of the southeast corner of SE %4, said
section.
The above-described work shall include all of WP-243.1 a and a portion of WP-243.1 b as identified in the
Interceptor Master Plan and the construction of all excavating, directional boring, sewer taps to existing
manholes, sewer stubs, manholes and all other work necessary to the construction of Indian Pointe
Interceptor Sewer 2016 for Sanitary and Improvement District No. 559 of Douglas County, Nebraska in
accordance with the plans and specifications.
Sincerely,
TROMPS , D E SEN & DORNER, INC.
Bradley . Huyck, P.E.
MEM
EXHIBIT
May 24, 2016
Chairman and Board of Trustees
Sanitary and Improvement District No. 559
of Douglas County, Nebraska
c/o Mr. James Lang, Attorney
Lang Woodward LLC
13340 California Street, Suite 203
Omaha, NE 68154
RE: Indian Pointe Interceptor Sewer 2016
Engineer's Estimate
TD2 File No. 1793-112.38
Board Members:
The following is the Engineer's Estimate of Costs and Quantities for Construction of the above-referenced
project:
Item Description Approximate
p Unit Price Amount
Quantities
1 Mobilization 1 L.S. $40,000.00 $ 40,000.00
2 Clearing and Grubbing 1 L.S. $40,000.00 $ 40,000.00
3 Transplant and Relocate 3" Caliper Tree Cluster 2 EA. $1,250.00 $ 2,500.00
4 Topsoil (42,950 C.Y., Moved Twice),
Established Quantity 5,900 C.Y. $2.00 $ 11,800.00
5 10" P.V.C. SDR 35 Sanitary Sewer Pipe w/
Class I Bedding, In Place 0 L.F. $35.00 $ 0.00
6 6" H.D.P.E. DR 11 Sanitary Sewer Pipe, w/
Class I Bedding, In Place 20 L.F. $100.00 $ 2,000.00
7 10" H.D.P.E. DR 11 Sanitary Sewer Pipe, w/
Class I Bedding, In Place 20 L.F. $100.00 $ 2,000.00
8 6" H.D.P.E. DR 11 Sanitary Sewer Pipe,
Directionally Bored In Place 145 L.F. $120.00 $ 17,400.00
9 10" H.D.P.E. DR 11 Sanitary Sewer Pipe,
Directionally Bored In Place 145 L.F. $140.00 $ 20,300.00
10 10" D.I.P. Sanitary Sewer Pipe, In Place 0 L.F. $100.00 $ 0.00
11 18" V.C.P. Sanitary Sewer Pipe w/ Class I
Bedding, In Place 4,130 L.F. $110.00 $ 454,300.00
12 Aerial Crossing Structure, In Place 0 EA. $6,000.00 $ 0.00
13 54" I.D. Sanitary Sewer Manhole, In Place 190 V.F. $350.00 $ 66,500.00
14 120" I.D. Siphon Inlet Manhole, In Place 1 EA. $15,000.00 $ 15,000.00
15 120" I.D. Siphon Outlet Manhole, In Place 1 EA. $20,000.00 $ 20,000.00
16 Standard Ring and Cover, In Place 16 EA. $750.00 $ 12,000.00
17 Concrete Collar Around Manhole Ring, In Place 15 EA. $500.00 $ 7,500.00
18 Anchor Ring Thrust Block, In PI EXHIBIT 2 EA. $2,000.00 $ 4,000.00
t
Chairman and Board of Trustees
Sanitary and Improvement District No. 559
of Douglas County, Nebraska
May 24, 2016
Page 2
19 20" O.D. Welded Steel Casing w/ 3/16" Min.
Wall Thickness, In Place 0 L.F. $200.00 $ 0.00
20 36" O.D. Welded Steel Casing w/ 3/8" Min. Wall
Thickness, In Place 124 L.F. $250.00 $ 31,000.00
21 Bore and Jack 36" O.D. Welded Steel Casing w/
3/8" Min. Wall Thickness, In Place 550 L.F. $500.00 $ 275,000.00
22 Tap Existing Manhole 1 EA. $3,000.00 $ 3,000.00
23 Remove and Dispose of Existing V.C.P. Stub 1 EA. $670.00 $ 670.00
24 Geotextile Fabric, Unstable Trench, If
Necessary 4,800 S.Y. $6.00 $ 28,800.00
25 Crushed Rock, Unstable Trench, If Necessary 1,180 TON $40.00 $ 47,200.00
26 Dewatering, Complete (80%) 1 L.S. $120,000.00 $ 120,000.00
27 Fabric Silt Fence, In Place 4,000 L.F. $2.00 $ 8,000.00
28 Install, Maintain, and Remove Stabilized
Construction Entrance 2 EA. $3,500.00 $ 7,000.00
29 Temporary Seed Mix, In Place 3.1 AC. $500.00 $ 1,550.00
30 NDOR Type "B" Permanent Seed Mix, In Place 2.6 AC. $1,500.00 $ 3,900.00
31 United Seeds Floodplain Seed Mix, In Place 0 AC. $1,500.00 $ 0.00
32 Erosion Control Matting, Tensar S150 (Or
Approved Equal), In Place 2.5 AC. $6,000.00 $ 15,000.00
33 Straw Mulch, Crimped In Place 3.2 AC. $3,000.00 $ 9,600.00
34 Remove and Dispose of Fabric Silt Fence 4,000 L.F. $1.00 $ 4,000.00
CONSTRUCTION COST SUBTOTAL $1,270,020.00
Permanent Easement Acquisition 2.15 AC. $30,000.00 $ 64,500.00
Temporary Easement Acquisition 6.40 AC. $6,600.00 $ 42,240.00
ESTIMATED COSTS INCLUDING ENGINEERING FEES,
LEGAL FEES, FISCAL FEES, INTEREST AND OTHER
MISCELLANEOUS COSTS $ 550,700.00
TOTAL ESTIMATED PROJECT COST $1,927,460.00
Submitted by,
THOMPSON, DREESSEN & DORNER, INC.
Bradley P. Huyck, P.E.
MEM
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Sanitary and Improvement District (S.&I.D.) 559 t'rf Doug/0 County,
Nebraska, proposes to construct a sanitary interceptor sewer to serve development witl* S.&I.D.
559 and other future developments in the vicinity; and,
WHEREAS, the proposed sanitary interceptor sewer consists of the WP-243.1a
sewer link and a portion of the WP-243.1 b link as identified in the 2015 update to the Sanitary
Interceptor Sewer Element of the City's Master Plan; and,
WHEREAS,the cost of the interceptor sewer, currently estimated at$1,927,460.00,
shall be paid from the Interceptor Sewer Construction, Organization 116921, Fund 12133; and,
WHEREAS, S.&I.D. 559 and the City of Omaha agree to enter into an Interlocal
Cooperation Agreement to cover the terms and conditions of the construction of the proposed
sanitary interceptor sewer; 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
Sanitary and Improvement District(S.&I.D.)559 of Douglas County, Nebraska, as recommended by
the Mayor, providing for the construction of a sanitary interceptor sewer in conformance with the
Sanitary Interceptor Sewer Element of the City's Master Plan, is hereby approved. The total cost of
the interceptor sewer, currently estimated at$1,927,460.00, shall be paid from the Interceptor Sewer
Construction, Organization 116921, Fund 12133.
P:1rah11494rah.doc APPROVED AS TO FORM:
_ ITY ATTORNEY DATE
By 46° o
Co ncilmember
Adopted JUN 2017 -%'C"J
City K�_0 `
ty Clerk
Approved - 1 ....
Mayor
(\-C
Resolution By
Res. that, the Interlocal Cooperation
Agreement between the City of Omaha and
Sanitary and Improvement District (S.&I.D.)
559 of Douglas County, Nebraska, as
recommended by the Mayor, providing for the
construction of a sanitary interceptor sewer in
conformance with the Sanitary Interceptor
Sewer Element of the City's Master Plan, is
hereby approved. The total cost of the
interceptor sewer, currently estimated at
$1,927,460.00, shall be paid from the
Interceptor Sewer Construction, Organization
116921, Fund 12133.
P:\rah\1494rah.doc
Presented to City Council
2011
Adapted 7
elizabetit &ter
City Clerk