RES 2018-0560 - Interlocal Agmt - SIDs 575, 577, and 578 and Douglas County school district #10 - Traffic Signal Improvements 204th and F Streets �� Q D�v1AHA,'NE4�' s V E. 0 Public Works Department
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G _ � Traffic Engineering Division
,pa' j ' l Q i Fti 2: 4 6 Omaha/Douglas Civic Center
n� r� , 11 � Z0{0 �K" y i 1819 Farnam Street,Suite 603
0'-tom ,.,, Omaha,Nebraska 68183-0601
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(402)444-5220
R4TED FE1303 ,JUN 1 2 2018 -c t Y L t L,4k Fax(402)444-5248
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City of Omaha pi AHtti, ;1 , i���S }
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.) 575 of Douglas County, Nebraska, Sanitary and Improvement
District (S.&I.D.) 577 of Douglas County, Nebraska Sanitary and Improvement District (S.&I.D.)
578 of Douglas County, Nebraska, Douglas County School District No. 10, and the City of Omaha.
This Interlocal Cooperation Agreement covers the construction of certain traffic signal
improvements at the intersection of 204th and "F" Streets. The public improvements covered in
the Interlocal Cooperation Agreement shall be paid for by S.&I.D. 575, S.&I.D. 577, S.&I.D. 578,
and Douglas County School District No. 10.
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 conforman e with the Master Plan.
(-42_,51r-- ,
5=16 i _ 'S'ZR•1205
R\\Robert G. Stubbe, P.E. Date David K. anslau Date
Public Works Director Planning Director
Approved as to Funding: Referred to City Council for Consideration:
eiLf—it_i4C.,
p en B. Curtiss AMA Date Mayor's Office Date
Finance Director
P:\rah\1567rah.doc
City Clerk Office Use Only:
51/0 Publication Date(i�a•plica•le):
RESOLUTION NO.
Agenda Date: �. •
Department: .,Fier
Submitter: ij//'i�il���1l / 10
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.) 575 of Douglas County, Nebraska,
Sanitary and Improvement District (S.&I.D.) 577 of Douglas County, Nebraska, Sanitary and Improvement
District (S.&I.D.) 578 of Douglas County, Nebraska, and Douglas County School District No. 10 propose to
construct certain traffic signal improvements at the intersection of 204th and "F" Streets; and,
WHEREAS, all costs to design and construct the traffic signal improvements will be paid for by
S.&I.D. 575, S.&I.D. 577, S.&I.D. 578, and Douglas County School District No. 10; and,
WHEREAS, S.&I.D. 575, S.&I.D. 577, S.&I.D. 578, Douglas County School District No. 10, 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 traffic signal 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.) 575 of Douglas County, Nebraska, Sanitary and Improvement District (S.&I.D.)
577 of Douglas County, Nebraska, Sanitary and Improvement District (S.&I.D.) 578 of Douglas County,
Nebraska, and Douglas County School District No. 10, as recommended by the Mayor, providing for the
construction of certain traffic signal improvements at the intersection of 204th and "F" Streets, is hereby
approved.
P:\rah\1568rah.doc APPROVED AS TO FORM:
fi
CITY ATTORNEY DATE
Adopted:
JUN 1 2 2018
Attest:
CiClerk g
Approved: J �l D ` [AA_
Mayor
INTERLOCAL COOPERATION AGREEMENT
(204TH AND "F" SIGNAL IMPROVEMENTS) /
1 Pi
�" This Interlocal Cooperation Agreement is made and entered into this /c" day of
if'(AA,�'� , 2018, by and among THE CITY OF OMAHA, NEBRASKA (hereinafter
referred to as the "City"), SANITARY AND IMPROVEMENT DISTRICT NO. 575 OF
DOUGLAS COUNTY, NEBRASKA ("SID 575"), SANITARY AND IMPROVEMENT
DISTRICT NO. 577 OF DOUGLAS COUNTY, NEBRASKA ("SID 577"), SANITARY AND
IMPROVEMENT DISTRICT 578 OF DOUGLAS COUNTY, NEBRASKA ("SID 578") AND
DOUGLAS COUNTY SCHOOL DISTRICT NO. 10("ELKHORN SCHOOL DISTRICT"). The
City,SID 575 and SID 577 and SID 578 and Elkhorn School District shall be referred to sometimes
individually as a"Party"and collectively as the "Parties").
PRELIMINARY STATEMENT
SID 575 has constructed, or is in the process of constructing certain public improvements
in connection with the development of the Blue Sage Creek Subdivision (the "Blue Sage Creek
Subdivision"); and
SID 577 is in the process of undertaking the development and construction of certain public
improvements in connection within the Subdivision known as Westbury Farm (the "Westbury
Farm Subdivision"), and
SID 578 is in the process of undertaking the development and construction of certain public
improvements in connection within the Subdivision known as Westbury Creek (the "Westbury
Creek Subdivision"); and
The Elkhorn School District is in the process of undertaking the development and
construction of a new elementary school within the Subdivision known as Blue Sage Creek; and
The area is within the extraterritorial zoning jurisdiction of the City; and
Pursuant to the Interlocal Cooperation Act, Section 13-801, et seq., the City, SID 575, SID 577
and SID 578 and Elkhorn School District are authorized to enter into this Agreement with each other so as
to make the most efficient use of their powers bytnabling 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;and
It is in the best interest of,and would be mutually advantageous to the City, SID 575, SID 577 and
SID 578 and Elkhorn School District to construct a new traffic signal at the intersection of 204t Street and
F Street, as shown on Exhibit "A" attached hereto. Such public improvements may include, without
limitation,construction of the new signal and associated interconnect and related improvements(hereinafter
referred to as the "Improvements"), as more particularly described within the schedule of estimated cost
summary from Olsson Associates, engineers for the Elkhorn School District, entitled Estimated Cost &
"F" Street Improvements
Page 1 of 11.
Allocations—204th and "F" Signal Improvements, a copy of which is attached hereto as Exhibit"B"(the
"Cost Estimate & Allocations"). The Cost`Estimate & Allocations is intended to show only a basic
description of the work and the costs presently estimated and may be revised from time to time.
.NOW,THEREFORE,in consideration of the mutual covenants set forth herein,the City,SID 575,
SID 577, SID 578 and Elkhorn School District,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. No real or
personal property will be acquired during this agreement. No taxes will be levied or collected during this
• agreement.
2. Plans and Design. The Elkhorn School District will contract with Olsson.Associates (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 or delayed.
Construction administration and construction management shall be performed by Project Engineer. The
Elkhorn School District shall be responsible for the bid letting process to construct the Improvements. In
the event the lowest responsible bid exceeds the engineer's estimate of probable costs by ten percent(10%)
or more,the Parties hereto shall promptly meet to determine whether it would be in the Parties'best interests
to rebid the project or award the contract as bid. The decision to award or rebid the project shall be by
unanimous agreement of the Parties.
3. Right-of-Way. All right-of-way or easements deemed necessary for the construction of
this project located within the boundaries of SID 575, SID 577 and/or SID 578 shall be provided by the
respective Parties gratuitously and at no cost to any other Party hereto.
4. Construction. Elkhorn School District agrees to cause the Improvements to be constructed
in accordance with the plans and specifications approved by the Parties in accordance with Section 2,above
• (the "Plans and Specifications"). The construction administration and construction management of the
Improvements shall be performed by Project Engineer, on behalf of the Elkhorn School District. During
the course of constructing the Improvements, any Party may, at any time, cause inspection of the work to
ensure compliance with the final Plans and Specifications. The Parties hereto agree that the Nebraska
Department of Transportation (NDOT)will own and be responsible for the operation and maintenance of
the Improvements within the right-of-way at its sole cost and expense upon completion of the
Improvements. After the approval of the final Plans and Specifications by the Parties hereto,the Elkhorn
School District shall not amend the Plans and Specifications in any material respect without the written
approval of the other Parties, which approval shall not be unreasonably withheld, conditioned or delayed,
and shall be deemed to have been given unless a reviewing Party objects to such amendment in writing
within five(5)business days after presentation of such amendments by the Elkhorn School District. There
shall be no change orders relating to the cost of the Improvements that exceed the contracted for amount
by more than 20%of the total construction cost in the aggregate without the written approval of the Parties.
5. Payment of Construction and Engineering Costs. All Parties shall contribute to the costs
associated with construction and engineering as follows. The City of Omaha will pay a fixed amount of
$0.00 for their share of the Construction and Engineering Costs. The remaining costs will be allocated to
SID 577, SID 578, SID 575 and the Elkhorn School District based upon their pro-rata share.
204th and "F" Signal Improvements
Page 2 of 11
Each party will pay their pro-rata share of the total costs based upon their total percentage as listed below.
All construction and engineering costs for Improvements shall be paid as follows:
ENTITY COST CONSTRUCTION ENGINEERING TOTAL
ALLOCATION COST SHARE COST SHARE COST SHARE
City of Omaha 0 $0.00 $0.00 $0.00
SID 575, Blue Sage Creek 15.0% $26,737.50 $5,614.88 $32,352.38
SID 577,Westbury Farm 15.0% $26,737.50 $5,614.88 $32,352.38
SID 578,Westbury Creek 15.0% $26,737.50 $5,614.88 $32,352.38
Elkhorn School District 55.0% $98,037.50 $20,587.88 $118,625.38
Total Costs $178,250.00 $37,432.50 $215,682.50
Prior to "Project Bid"the Elkhorn School District shall bill SID 575, SID 577 and SID 578 each
for a sum equal to one-half of their respective estimated construction and engineering costs. SID 575, SID
577 and SID 578 shall pay its share of such construction costs to the Elkhorn School District prior to the
"Award of Contract." SID 575, SID 577 and SID 578 shall pay the Elkhorn School District within thirty
(30)days after receipt of such invoice. If the project is cancelled or reduced in scope,the Elkhorn School
District shall reimburse SID 575, SID 577 and SID 578 equal to their respective overpayment amounts.
6. Timing of Work. It is the mutual desire and intention of the parties that the Improvements
shall be completed in a timely manner. 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 of the improvements contemplated by the Agreement. The completion date shall
be on or before July 30,2018.
7. Records. The Elkhorn School District shall maintain records of all construction and
engineering costs incurred in connection with the Improvements. SID 575, SID 577 and SID 578 shall
have the right to audit and review such records during normal business hours to assure that such records are
accurate.
8. Duration and Termination. This Agreement shall continue until such time as the
Improvements to be performed by the Elkhorn School District pursuant to this Agreement have been
completed,unless this Agreement is terminated sooner by the mutual written agreement of all Parties hereto.
9. Appointment of Administrators. The Project Engineer shall administer this contract on
behalf of the Parties. The Parties hereto agree that the Elkhorn School District shall serve as the lead agency
for the installation and construction of the Improvements.
10. Nondiscrimination Clause. In accordance with the Nebraska Fair Employment Practice
Act,Neb.Rev. Stat.48-1122,all parties to this agreement agree that they nor any of their 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 of employment
because of the race,color,religion,sex,disability,or national origin of the employee or applicant.
204th and"F" Signal Improvements
Page 3 of 1.1.
11. Drug Free Policy. All parties to this agreement assure the Elkhorn School District that they
have established and maintain a drug free workplace policy.
12. Amendments. This Agreement may be modified only by written amendment,duly executed
by authorized officials of the Parties. No alteration or variation of the terms and conditions of this
Agreement shall be valid unless made in writing and signed by the Parties hereto. Every amendment shall
specify the date on which its provisions shall be effective.
13. New Employee Work Eligibility Status. The Parties agree to comply with the residency
verification requirements of Neb. Rev. Stat. §4-108 through §4-1.14. The 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 the State of 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 an equivalent federal program designated by the United States Department of Homeland
Security or other federal agency authorized to verify the work eligibility status of a newly hired employee.
14. Conflict of Interest. The Parties warrant to each other that they have not employed nor
retained any company or person, other than a bona fide employee working solely for the Parties to this
Agreement to solicit or secure this Agreement, and that they have not paid or agreed to pay any company
or person other than a bona fide employee working solely for the Parties,any fee,commissions,percentage,
brokerage fees,gifts or other consideration,contingent upon or resulting from the award or making of this
Agreement.
15. Severability. In the event any portion of this Agreement may be held invalid or
unenforceable for any reason, it is agreed that any invalidity or unenforceability shall not affect the
remainder of this Agreement and the remaining provisions shall remain in full force and effect, and any
court of competent jurisdiction may so modify any objectionable provision of this Agreement so as to render
it valid and enforceable.
16. Assignment. No Party may assign its rights, duties or obligations under this Agreement
without the prior written consent of the other Parties to this Agreement. An assignment without such prior
written consent shall be a material breach of this Agreement and shall be void.
17. Indemnification. Each Party will indemnify, defend and hold harmless the other Party
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 suit,demand or cause of action. These
Indemnification provisions are not intended to waive a Party's sovereign immunity. A Party's liability
under this Agreement is governed by and limited to the extent provided by the Nebraska Political
Subdivision Tort Claims Act or other applicable provisions of law.
18. Entire Agreement. This instrument and Exhibits contains the entire agreement of the
parties and shall be binding upon the successors and assign of the respective parties. No amendments,
deletions, or additions shall be made to the Agreement except in writing signed by all parties. Nebraska
204th and"F" Signal Improvements
Page 4 of 11
law shall govern the terms and performances under this Agreement. The provisions of this Section 18
shall survive expiration or termination of this Agreement.
19. City Involvement. The City shall make a good faith effort to;-if and to-the'extent legally
permissible, practical and appropriate, in the City's sole discretion, include as a condition of subdivision
approval of the adjacent property a requirement for the subdivider of the adjacent property or other
responsible party to the subdivision agreement for the adjacent property to contribute to the cost of the
Improvements through reimbursements or direct contributions,as the case may be,and to participate in any
permanent traffic signal and/or roadway improvements located at the intersection of 204th and"F"Streets.
IN WITNESS WHEREOF,we,the contracting Parties, by our respective duly authorized agents,
hereby enter into this Agreement, effective on the day and year affixed hereon. Executed in triplicate on
the dates indicated w�ithh the signatures below.
Executed this )`-1 day of v��, ,2018.
CITY OF OMAHA,NEBRASKA
ATTEST:
— 9 /1-0 ByJ —5 dt4A— IQ//LiI1 g
City erk---aDate Mayor Date
APPROVED AS TO FORM:
i5-y-?-,e
204th and"F" Signal Improvements
Page 5 of 11
•
SANITARY AND IMPROVEMENT DISTRICT
ATTEST: ,. NO. 575 OF DOUGLA COUNTY,NEBRASKA
VA/X10)(4AULO +14 131 _,,,12 '
Clerk ' Date Chairman Date
204t'' and "F" Signal :Improvements
Page 6 of 11
SA Y IMPROVEMENT DISTRICT
ATTEST: NO. 577 O D L COUNTY,NEBRASKA
By
Cler Da e Chairm ate
204th and "F" Signal Improvements
Page 7 of 11.
SANITARY AND IMPROVEMENT DISTRICT _
"ATTEST: • NO. 578 OF DOUGLAS COUNTY,NEBRASKA
old,
By
Clerk Date Chairman Date
204th and "F" Signal Improvements
Page 8 of 11
; .
DOUGLAS COUNTY SCHOOL DISTRICT#10
ATTEST: OF DOUGLAS COUNTY, BRASKA
By /Z ic‘
Clerk Da e an Date
General Notary-State of Nebraska
PAMELA L.ROTH
My Comm.Exp.Oct 28,2018,
•
;511
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204th and "F" Signal Improvements
Page 9 of 11
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EXHIBIT A �4.
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EXHIBIT B
OPINION OF PROBABLE COST/ ALLOCATIONS
Interlocal Cooperation Agreement
204th Street and 'F' Street Traffic Signal Improvements
1/30/2018
ESTIMATED
ITEM QUANTITY UNIT UNIT PRICE COST
HWY 6/31 & 'F'STREET SIGNAL CONSTRUCTION COSTS* 1 LS $35,000.00 $35,000.00
ADVANCE WARNING DETECTION 1 LS $35,000.00 $35,000.00
INTERCONNECT-W. CENTER TO'Q'STREET 1 LS $85,000.00 $85,000.00
CONTINGENCY 15% $23,250.00
SUBTOTAL ESTIMATED CONSTRUCTION COST $178,250.00
ESTIMATED SOFT COSTS (ENGINEERING,TESTING) I I 21% $37,432.50
TOTAL ESTIMATED PROJECT COST $215,682.50
ALLOCATION
Douglas County 0% $0.00
SID 575, Blue Sage Creek 15% $32,352.38
SID 577, Westbury Farm 15% $32,352.38
SID 578. Westbury Creek 15% $32,352.38
Elkhorn School District 55% $118,625.38
TOTAL ESTIMATED PROJECT COST $215,682.50,
*Cost Estimates were provided by Olsson Associates on 01/30/2018
NO. 5-Ipti
Item Submitted By: Ryan Haas
Department: Public Works
Council Meeting Date: June 12, 2018
Res. that, the Interlocal Cooperation Agreement among the City of Omaha, Sanitary and
Improvement District (S.&I.D.) 575 of Douglas County, Nebraska, Sanitary and Improvement
District (S.&I.D.) 577 of Douglas County, Nebraska, Sanitary and Improvement District (S.&I.D.)
578 of Douglas County, Nebraska, and Douglas County School District No. 10, as
recommended by the Mayor, is hereby approved.
V Q
•
Presented to City Council
June 12, 2018
APPROVED 7-0
67i2:abetlt 'Sutler .
•
City Clerk