RES 2015-0632 - Agmt with Nustyle Development Corporation for wire streetscape improvements project, OPW 52619 L-
�° �'s� F i i L. Public Works Department
y 9
�,� ��' June 2� 2015 Omaha/Douglas Civic Center
z 1i ! 1819 Farnam Street,Suite 601
® 2015 11/1 22 l.?1 6: 37
Omaha,Nebraska 68183 0601
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t (402)444-5220
�i 4rBo t:eeR Fax 402 444-5248
CITY CLcnK ( )
City of Omaha ri SA H �, h, L t{f� Robert G. Stubbe, P.E.
tPublic Works Director
Jean Stothert,Mayor
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving an Agreement between the City of Omaha and
NuStyle Development Corporation for The Wire Streetscape Improvements project, as a part of
2015-2020 Capital Improvement Program Transportation Project 509, known OPW 52619.
NuStyle Development Corporation is undertaking the streetscape improvements along Dodge,
Douglas, 19th Street and 20h1 Street in conjunction with their project on the abutting property. The
City will then reimburse NuStyle for these improvements in an amount not to exceed
$300,000.00, which will be paid from the 2010 Transportation Bond Fund 13183, Organization
117117.
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement.
Respectfully submitted, Referred to City Council for Consideration:
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.a.n -{ t I 1. J ) ry 1 1 /, , ✓�' • -/a-�
-Robert G. Stubbe, P. Date Mayor's/Office Date
Public Works Direc
Approved as to Funding:
‘41 .3e—
teph n . Curtiss ate
Finance Director
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AGREEMENT
The Wire Streetscape Improvements
This Agreement, made thiso�'�day o �► - I.2015 by and between Nustyle Development
Corporation (hereinafter referred to as "DEV OPER" , and the CITY OF OMAHA (hereinafter
referred to as "CITY").
WHEREAS, the Developer is the owner of the property abutting the project shown on the
attached Exhibit"B" (hereinafter referred to as "PROJECT"), and,
WHEREAS, the Developer built public improvements in conjunction with his project;
and,
WHEREAS, the Developer and City agreed on the method for the installation and
allocation of expenses for public improvements to be constructed in the project.
NOW, THEREFORE, in consideration of the above the following is agreed between the
parties hereto:
1. Public improvements. Attached hereto as Exhibit "B" and incorporated herein by reference
is a plan showing the public improvements installed adjacent to the property, i.e. curbing,
sidewalk, planters and street trees (hereinafter referred to as "Improvements"). All
Improvements received the written approval of the Public Works Department prior to
construction.
2. Design and Construction Management of Improvements. The Developer agreed that it will
be responsible for contracting for and coordinating the design, bidding, construction and
construction management of the Improvements.
3. Utility Coordination. The Developer agreed to coordinate its construction activities with all
utilities that may be located in the Right-of-Way.
4. Installation of improvements. The Developer completed the timely and orderly installation of
the Improvements prior to the execution of this Agreement, pursuant to Section 53-9 of the
Omaha Municipal Code.
5. Payment for improvements. The Developer was responsible for paying the cost of all the
Improvements, except for the contributions from other sources as follows:
• City of Omaha Public Works Department: not to exceed $300,000 from the Priority
Streetscapes Corridors Downtown Project Fund
6. Binding effect. This Agreement shall be binding upon the parties, their respective successors,
and assigns.
Rev. 3/30/15
7. Indemnification
A. To the fullest extent permitted by law, the Developer shall indemnify, defend and
hold harmless the City, its agents and employees, their successors and assigns,
individually and collectively, from and against all claims, suits, damages, fines, losses and
expenses, including but not limited to attorneys' fees, arising out of or resulting from the
performance of this agreement, provided that such claim, suit, damage, fine, loss or
expense is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property including loss of use resulting therefrom, but only to the
extent caused in whole or in part by negligent acts or omissions of the Developer, anyone
directly or indirectly employed by it, or anyone for whose acts it may be liable, regardless
of whether or not such claim, suit, damage, fine, loss or expense is caused in part by a
party indemnified hereunder. Such obligation shall not be construed to negate, abridge,
or reduce other rights or obligations of indemnity which would otherwise exist as to a
party or person described in this paragraph.
B. In claims against any person or entity indemnified under this paragraph by an
employee of the Developer, anyone directly or indirectly employed by it, or anyone for
whose acts it may be liable, the indemnification obligation under this paragraph shall not
be limited by a limitation on amount or type of damages, compensation or benefits
payable by or for the Developer under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
8. General Conditions
A. Nondiscrimination. Developer shall not, in the performance of this agreement,
discriminate or permit discrimination in violation of federal or state laws or local
ordinances because of race, color, sex, age, sexual orientation, gender identity, political or
religious opinions, affiliations or national origin.
B. Captions. Captions used in this agreement are for convenience and are not used
in the construction of this agreement.
C. Applicable law. Parties to this agreement shall conform with all existing and
applicable city ordinances, resolutions, state laws, federal laws, and all existing and
applicable rules and regulations. Nebraska law will govern the terms and the performance
under this agreement.
D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no
elected official or any officer or employee of the City shall have a financial interest, direct
or indirect, in any City agreement. Any violation of this section with the knowledge of
the person or corporation contracting with the City shall render the agreement voidable by
the Mayor or Council.
Rev. 3/30/15
E. Interest of the Developer. The Developer covenants that he presently has no
interest and shall not acquire any interest, direct or indirect, which would conflict with the
performance of services required to be performed under this agreement; he further
covenants that in the performance of this agreement, no person having any such interest
shall be employed.
F. Merger. This agreement shall not be merged into any other oral or written
agreement, lease or deed of any type. This is the complete and full agreement of the
parties.
G. Modification. This agreement contains the entire agreement of the parties. No
representations were made or relied upon by either party other than those that are
expressly set forth herein. No agent, employee or other representative of either party is
empowered to alter any of the tenus hereof unless done in writing and signed by an
authorized officer of the respective parties. Any amendment to contracts or purchases
which, taken alone, increases the original bid price as awarded (a) by ten percent, if the
original bid price is $150,000.00 or more, or (b) by $75,000.00 or more, shall be approved
by the city council in advance of the acceptance of any purchase in excess of such limits
or the authorization of any additional work in excess of such limits. However, neither
contract nor purchase amendments will be split to avoid advance approval of the city
council. The originally approved scope and primary features of a contract or purchase
will not be significantly revised as a result of amendments not approved in advance by the
city council. The provisions of this section will be quoted in all future city contracts.
Nothing in this section is intended to alter the authority of the mayor under section 5.16
of the Charter to approve immediate purchases.
H. Assignment. The Developer may not assign its rights under this agreement
without the express prior written consent of the City.
I. Strict compliance. All provisions of this agreement and each and every document
that shall be attached shall be strictly complied with as written, and no substitution or
change shall be made except upon written direction from authorized representative.
J. Equal employment opportunity clause. Annexed hereto as Exhibit "A" and made
a part hereof by reference are the equal employment provisions of this contract. All
reference in the said Exhibit to "Contractor" shall mean "Developer." Refusal by the
Developer to comply with any portion of this program as therein stated and described will
subject the offending party to any or all of the following penalties:
(1) Withholding of all future payments under the involved contracts to the
Developer in violation until it is determined that the Developer is in compliance
with the provisions of the contract;
R \'. /i 0;'15
(2) Refusal of all future bids for any contracts with the City or any of its
departments or divisions until such time as the Developer demonstrates that he
has established and shall carry out the policies of the program as herein outlined.
K. Work eligibility. The Developer is required and hereby agrees 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.
If the Developer is an individual or sole proprietorship,the following applies:
a) The Developer must complete the United States Citizenship Attestation Form,
available on the Department of Administrative Services website at
www.das.state.ne.us .
b) If the Developer indicates on such attestation form that he or she is a qualified
alien, the Developer agrees to provide the U.S. Citizenship and Immigration
Services documentation required to verify the Developer's lawful presence in the
United States using the Systematic Alien Verification for Entitlements (SAVE)
Program.
c) The Developer understands and agrees that lawful presence in the United States is
required and the Developer may be disqualified or the contract terminated if such
lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108.
A I LEST: CITY OF OMAHA
CI CLERK OF E CITY OF O� AYOR
APPROVED AS TO FORM: DEVELOPER:
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,0,,, y-tlS,-,,a d Rev. >/ 0/15
EXHIBIT"A"
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or applicant for employment
because of race, religion, color, sex, age, sexual orientation, gender identity, national origin, or
disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code
13-82. The Contractor shall take affirmative action to ensure that applicants are employed and
that employees are treated during employment without regard to their race, religion, color, sex,
age, sexual orientation, gender identity, disability or national origin. The Contractor shall take all
actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha
Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used
herein, the word "treated" shall mean and include, without limitation, the following: Recruited,
whether advertising or by other means; compensated; selected for training, including
apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and
terminated. The Contractor agrees to and shall post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officers
setting forth the provisions of this nondiscrimination clause.
(2) The Contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, religion, color, sex, age, sexual orientation, gender identity,
disability, or national origin, as recognized under 42 USCS 12101 et seq.
(3) The Contractor shall send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding a notice advising the
labor union or worker's representative of the Contractor's commitments under the Equal
Employment Opportunity Clause of the City and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(4) The Contractor shall furnish to the contract compliance officer all Federal forms
containing the information and reports required by the Federal government for Federal contracts
under Federal rules and regulations, and including the infoiivation required by Sections 10-192 to
10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the
Contract Compliance Officer shall be those which are related to Paragraphs (1)through (7) of this
subsection and only after reasonable notice is given the Contractor. The purpose for this
provision is to provide for investigation to ascertain compliance with the program provided for
herein.
Rev. 3;30/1 5
(5) The Contractor shall take such actions with respect to any subcontractor as the City may
direct as a means of enforcing the provisions of Paragraphs (1) through (7) herein, including
penalties and sanctions for noncompliance; however, in the event the Contractor becomes
involved in or is threatened with litigation as the result of such directions by the City,the City will
enter into such litigation as necessary to protect the interests of the City and to effectuate the
provisions of this division; and in the case of contracts receiving Federal assistance, the
Contractor or the City may request the United States to enter into such litigation to protect the
interests of the United States.
(6) The Contractor shall file and shall cause his subcontractors, if any, to file compliance
reports with the Contractor in the same form and to the same extent as required by the Federal
government for Federal contracts under Federal rules and regulations. Such compliance reports
shall be filed with the Contract Compliance Officer. Compliance reports filed at such times as
directed shall contain information as to the employment practices, policies, programs and
statistics of the Contractor and his subcontractors.
(7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section,
"Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or purchase
order so that such provisions will be binding upon each subcontractor or vendor.
Rev. 3/30/15
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c ZSA CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, NuStyle Development Corporation has proposed improvements to
its property in the vicinity of Dodge Street between 19th Street and 20t Street known as The
Wire Streetscape Improvements project; and,
WHEREAS, the City of Omaha has dedicated certain funds toward developing
priority corridors within the downtown area through the 2015-2020 Capital Improvement
Program Transportation Project No. 509; and,
WHEREAS, the City of Omaha Public Works Department and NuStyle
Development Corporation desire to collaborate in the construction of this project, under the
designation of OPW 52619, which will address the needed public improvements, to be
undertaken by NuStyle Corporation in conjunction with the improvements to the adjacent
property, according to the scope and responsibilities defined in the attached Agreement, which
by this reference becomes part hereof; and,
WHEREAS, the City of Omaha Public Works Department will contribute to cost
of the public improvements an amount not to exceed $300,000.00, which will be paid from the
2010 Transportation Bond Fund 13183, Organization 117117..
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor, the Agreement with NuStyle
Development Corporation for The Wire Streetscape Improvements project, located in the vicinity
of Dodge Street from 19th Street to 20th Street, designated OPW 52619, as a part of the 2015-
2020 Capital Improvement Program Transportation Project No. 509, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay a cost share toward the
public improvements on this project in an amount not to exceed $300,000.00 from the 2010
Transportation Bond Fund 13183, Organization 117117.
193 lhtp APPROVED AS TO FORM:
By
Councilmember CITY ATTORNEY DATE
Adopted N .. 2...2015.. -C9
Ci Clerk /5///5
Approved�.h �
Mayor
NO. ,
Resolution by
Res. that, as recommended by the Mayor, the
Agreement with NuStyle Development
Corporation for The Wire Streetscape
Improvements project, located in the vicinity
of Dodge Street from 19th Street to 20th Street,
designated OPW 52619, as a part of the 2015-
2020 Capital Improvement Program
Transportation Project No. 509, is hereby
approved; and that the Finance Department is
authorized to pay a cost share toward the
public improvements on this project in an
amount not to exceed $300,000.00 from the
2010 Transportation Bond Fund 13183,
Organization 117117.
1 93 1 Ahtp
Presented to City Council
JUN - 2 2015
Adopted
&ter grown
City Clerk