RES 2014-0032 - Interlocal Agreement Pacfic Street Improvements 208th and 211th Streets Public Works Department
s�►,le!i: Omaha/Douglas Civic Center
z (�fC�1 January 7, 2014 1819 Farnam Street,Suite 601
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Omaha,Nebraska 68183-0601
(402)444-5220
RATED ESW5 Fax(402)444-5248
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 among Sanitary and
Improvement District (S.&I.D.) 557 of Douglas County, Nebraska, Sanitary and Improvement
District (S.&I.D.) 558 of Douglas County, Nebraska, and the City of Omaha. This Interlocal
Cooperation Agreement covers the design, construction, and cost sharing responsibilities among
the parties for the improvement of Pacific Street approximately between 208th and 211 th Streets.
All costs for improvements shall be divided proportionally and paid by Sanitary and
Improvement District (S.&I.D.) 557 of Douglas County, Nebraska, Sanitary and Improvement
District (S.&I.D.) 558 of Douglas County, Nebraska.
Upon completion of the improvements and the subsequent acceptance of the improvements by
the City, the City will own and maintain the improvements.
The Public Works Department requests your consideration and approval of the attached
Resolution and Interlocal Cooperation Agreement.
Respectfully submitted, This ac n has been reviewed and found to
be in c ance with the Master Plan.
•
RA Robert G. Stubbe, P.E. Date ,Jame . Thele Date
Public Works Director Plann g Director
Approved as to Funding: Referred to City Council for Consideration:
A-114 el-- /ZA /3 11 a • •. 1
3
'Stephen B. Curtiss Date Mayor's Office Date
�\ Finance Director
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C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
ss
WHEREAS,Sanitary and Improvement District(S.&I.D.)557 of Douglas County„Nebraska,
Sanitary and Improvement District(S.&LD.)558 of Douglas County,Nebraska,and the City of- maha agree
that Pacific Street from approximately 208th Street to approximately 211th Street shall be improved, and
furthermore the parties wish to agree on the design, construction, and cost sharing responsibilities for these
improvements; and,
WHEREAS,all costs for improvements shall be divided proportionally and paid by Sanitary
and Improvement District (S.&I.D.) 557 of Douglas County, Nebraska, Sanitary and Improvement District
(S.&I.D.) 558 of Douglas County,Nebraska; and,
WHEREAS, upon completion of the improvements and the subsequent acceptance of the
improvements by the City,the City will own and maintain the improvements; 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 among the City of Omaha, Sanitary and
Improvement District (S.&I.D.) 557 of Douglas County, Nebraska, and Sanitary and Improvement District
(S.&I.D.) 558 of Douglas County, Nebraska, as recommended by the Mayor, providing for the design,
construction, and cost sharing responsibilities for the improvement of Pacific Street approximately between
208th and 211th Streets, is hereby approved.
P:\rah\1174rah.doc APPROVED AS TO FORM:
CITY ATTORNEY DATE
By
Councilmember
Adopted ,AN 7 2014 -7 -a
City lerk // T
Approved ,... .. .... .........
Mayor
INTERLOCAL COOPERATION AGREEMENT
This Agreement is made and entered into by and between THE CITY OF
OMAHA (hereafter "City of Omaha"), SANITARY AND IMPROVEMENT
DISTRICT NO. 557 OF DOUGLAS COUNTY, NEBRASKA (hereafter "SID
557") (Windgate Ranch subdivision), and SANITARY AND IMPROVEMENT
DISTRICT NO. 558 OF DOUGLAS COUNTY, NEBRASKA (hereafter "SID
558") (Southpointe Estates subdivision).
PRELIMINARY STATEMENT
SID 557 (Windgate Ranch) and SID 558 (Southpointe Estates) abut that
portion of Pacific Street in Omaha, Douglas County, Nebraska, that is described
generally as being from approximately 360 feet, more or less, west of the
intersection of 211th Street and Pacific Street, thence easterly a distance of 1,
780 feet, more or less, to the limits of construction, and the City of Omaha has
the jurisdiction and control of the aforementioned portion of Pacific Street. All .
parties to this Agreement are desirous of improving said portion of Pacific Street
to typical city design standards.
Pursuant to the Interlocal Cooperation Act, Section 13-801, et. seq., City
of Omaha, SID 557 and SID 558 are authorized to enter into this Agreement with
each other so as to make the most efficient use of their powers by enabling them
to cooperate on a basis of mutual advantage and thereby provide services and
facilities in a manner and pursuant to forms of governmental organization that will
accord best with geographic, economic, population and other factors influencing
the needs and development of such political subdivisions.
It is in the best interests and would be mutually advantageous to City of
Omaha, SID 557 and SID 558 to improve at this time, pursuant to this
Agreement, that portion of Pacific Street as described herein. Such
improvements may include, without limitation, right of way acquisition, a change
of grade, widening, asphaltic concrete pavement, relocation of utilities,
installation of storm sewers and other drainage facilities, traffic control devices
and related improvements, hereinafter referred to as the "Improvements."
NOW THEREFORE, in consideration of the covenants herein set forth,
City of Omaha, SID 557 and SID 558 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, therefore, no separate
budget established for such an entity.
2. Plans and Design. E&A Consulting Group, Inc., (hereafter "E&A")
registered engineers in the State of Nebraska, are the engineers for both SICK
557 and SID 558. E&A shall prepare the plans and specifications for the
construction of the improvements, which shall comply with the standards of the
City of Omaha.
The total estimated cost of the Improvements is Five Hundred Thousand
One Hundred Fifty-Five ($500,155.00) Dollars, which shall be divided
proportionally between SID 557 and SID 558. City of Omaha shall be solely
responsible for agreements with utility companies for relocation of existing
utilities that are in conflict with proposed construction.
3. Construction. After approval and execution of this Agreement by the
parties hereto, SID 558 shall solicit bids and award the contract for the
construction of the Improvements to be constructed in accordance with the plans
and specifications approved as described herein. Construction administration
and construction management of the Improvements shall be the exclusive
responsibility of E&A. During the course of the construction of the
Improvements, any party may at any time cause inspection of the work to insure
compliance with the final plans and specifications. The parties hereto agree that
the City of Omaha will own, operate and, at its cost, maintain the Improvements
within the right-of-way upon completion.
4. Payment of Costs. All costs for the Improvements, including but not
limited to the right-of-way acquisition, removals, clearing and grubbing, grading,
seeding, drainage structures, asphaltic pavement, traffic control devices,
engineering contract administration, coordination, supervision, observation,
testing construction staking, legal and interest shall be paid by SID 557 and SID
558, which shall be divided proportionally between SID 557 and SID 558 with the
estimated cost to SID 557 being $208,740 and the estimated cost to SID 558
being $291,415. Upon completion of the Improvements, E&A shall submit the
proportionate share of the total cost of the Improvements to SID 558 and to SID
557 for each District's respective share, and each District shall pay its share of
such costs within thirty (30) days after receipt of such statement.
5. Purpose of Agreement: timing of Work. It is the mutual desire and
intention of the parties the Improvements shall be completed as expeditiously as
possible. Accordingly, the parties hereby 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 the Improvements contemplated
by this Agreement as expeditiously as possible.
6. Records. SID 558 shall maintain records of all costs incurred by SID
558 in connection with the improvements for two years after completion of the
Improvements, and each party shall have the right to audit and review such
records at any time to assure that records are accurate.
7. Duration. This Agreement shall continue until such time as the
Improvements described in this Agreement have been completed, unless this
Agreement is terminated sooner by the written agreement of all parties hereto.
8. Appointment of Administrators. E&A Consulting Group, Inc. shall
administer this contract on behalf of SID 558 and the remaining parties.
9. 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.
10. Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed an original, but all of which taken together shall
constitute one and the same Agreement.
[Remainder of Page Left Intentionally Blank; Execution Pages to Follow]
Executed by The City of Omaha, Nebraska, on the qday of ,
20�[�.
/ THE CITY OF OMAHA
-r' ,//ethu< lyTtAtt
ATTEST APPROVED AS TO FORM:
Azte .1 2. By: �--
i'`Clerk sk,sk City Attorney
Executed by Sanitary and Im rovement District No. 558 of Douglas County,
Nebraska, this; `day of Othbe.cr , 20(3 .
SANITARY AND IMPROVEMENT
DISTRICT NO. 558 OF DOUGLAS
COUNTY, NEBRASKA
ATTEST: By:
hairman
ac /11 A.f1,3
Clerk
Executed by Sanitary and Improvement District No. 557 of Douglas County,
Nebraska, this / day of NO ileno bQ4/ , 2013 .
SANITARY AND IMPROVEMENT
DISTRICT NO. 557 OF DOUGLAS
COUNTY NE RASKA
ATTEST
��- hairman
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NO. ..J� ..3
Resolution By
Res. that, the Interlocal Cooperation Agreement
among the City of Omaha, Sanitary and
Improvement District (S.&I.D.) 557 of Douglas
County, Nebraska, and Sanitary and Improvement
District (S.&I.D.) 558 of Douglas County,
Nebraska,as recommended by the Mayor,providing
for the design, construction, and cost sharing
responsibilities for the improvement of Pacific
Street approximately between 208th and 211th
Streets, is hereby approved.
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Presented to City Council
JAN 7 2014
Adopted 7-0
l ri<3Aib
City Clerk