RES 2011-0803 - Subdivision agmt, ND Park /G9
OMAHA,Nye -
` �'P* RECEIVEDPublic Works Department
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nz?:�f-�.Ct►,-'. `s'IFUPn �y Omaha/Douglas Civic Center
x '� tj (�' � June 28, 2011 ..�.7lt! ( 1819 Farnam Street,Suite 601
o'E-? r Omaha,Nebraska 68183-0601
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City of Omaha Robert G.Stubbe,P.E.
Jim Suttle,Mayor Public Works Director
Honorable President
and Members of the City Council,
The attached Resolution approves the Subdivision Agreement between Newstreet, LLC and the
City of Omaha. This Subdivision Agreement covers the public improvement of N.D. Park (Lots
1-3) a subdivision located southwest of 14th& Cuming Streets.
This Subdivision Agreement stipulates which public improvements will be built by Newstreet,
LLC. The total cost of improvements will be paid by Newstreet, LLC.
The Public Works Department requests your consideration and approval of the attached
Resolution and Subdivision Agreement.
Respectfully submitted, This action has been reviewed and found to
be i e - 'rmance with the Master Plan.
Ro ert G. Stubbe, P.E. Date ,� R unningham, eit Date
•Public Works Director Tanning Director
Approved as to Funding: Referred to C • ncil for Consideration:
644/ WanilS LtAAia, !151 !I
Pam Spaccarotella Date Mayor's Office Date
Finance Director
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"°'° °a __ E&A CONSULTING GROUP,INC.
eybe--x.O I FINAL PLAT N.D.P ARK •• ENGINEERING•PLANNING•FIELD SERVICED
Engineeer's Estimate 480 @ $50.00 per SF $24,000.00
L.G.Roloff Construction Company, Inc. $36.43 per SF $17,486.40
Graham Construction $36.71 per SF $17,620.80
Hawkins Construction Co. $20.87 per SF $10,017.60
. K-2 Construction $40.25 per SF $19,320.00
. Judds Bros Construction Co $35.00 per SF $16,800.00
146 900.146 CONSTRUCT CONCRETE CURB RAMP w/DETECTABLE WARNINGS
Engineeer's Estimate 2620 @ $20.00 per SF $52,400.00
L.G.Roloff Construction Company, Inc. $13.47 per SF $35,291.40
Graham Construction $13.60 per SF $35,632.00
Hawkins Construction Co. $9.03 per SF $23,658.60
K-2 Construction $14.95 per SF $39,169.00
Judds Bros Construction Co $15.00 per SF $39,300.00
147 900.147 UNION PACIFIC RAILROAD INSURANCE AND FEES COVERAGE
Engineeer's Estimate 1 @ $8,000.00 per LS $8,000.00
L.G. Roloff Construction Company,Inc. $2,788.26 per LS $2,788.26
Graham Construction $2,976.00 per LS $2,976.00
Hawkins Construction Co. $2,572.50 per LS $2,572.50
K-2 Construction $25,270.00 per LS $25,270.00
Judds Bros Construction Co $3,500.00 per LS $3,500.00
Page 24 of 25, 5/25/2011 1:18:51 PM, Bid Tabulation, Generated by:admin for project OPW 51957
admin for project OPW 51957
xtension
Page 18 of 25, 5/25/2011 1:18:50 PM, Bid Tabulation, Generated by:admin for project OPW 51957
tion, Generated by:admin for project OPW 51957
specific gravity and Ph levels. The results of both tests will be submitted in a side-by-side
analysis.
SUBDIVISION AGREEMENT
N.D. PARK (Lots 1-3)
This Subdivision Agreement, made this / /p day of 2011 by and between the
NEWSTREET, LLC, a Utah limited liability company (hereinafter referred to as "SUBDIVIDER"),
and the CITY OF OMAHA (hereinafter referred to as "CITY").
WHEREAS, Subdivider is the owner of the land included within the proposed plat
attached.hereto as Exhibit "A", which parcel of land (hereinafter referred to as the "Area to be
Developed") is within the corporate limits of the City; and,
WHEREAS, the Subdivider proposes that the Subdivider will build public and private
improvements in the area to be developed; and,
WHEREAS, the Subdivider will connect to the sewer system of the City of Omaha; and,
WHEREAS, the Subdivider and City desire to agree on the method for the installation
and allocation of expenses for public improvements to be constructed in the property.
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
are plans showing the public and private improvements to be installed on the property, i.e.
storm sewer, and paving of public streets (hereinafter referred to as "IMPROVEMENTS").
All improvements must receive the approval of the Public Works Department of the City
prior to construction.
2. Water, gas, and electrical power. The Subdivider agrees to enter into Agreements with
Metropolitan Utilities District for gas and water service, and into an Agreement with the
Omaha Public Power District for power service. Copies of all Agreements with the
Metropolitan Utilities District and the Omaha Public Power District will be provided to the
City within four months from the date of this Agreement.
3. Installation of improvements. The Subdivider agrees to commence the timely and orderly
followingexecution of this Agreement, pursuant to Section
installation of the improvement ,
9
53-9 of the Omaha Municipal Code.
4. Payment for improvements. The Subdivider shall pay the cost of all the improvements, as
well as all charges by the Metropolitan Utilities District for gas and water line services and
charges by the Omaha Public Power District for Underground electrical service or overhead
power service.
5. Sediment and Erosion Control Plan: A Sediment and Erosion Control Plan has been
previously approved and permits issued by the NDEQ, Papio Missouri River Natural
Resources District and the City of Omaha a copy of which is attached hereto and
incorporated herein as Exhibit "C". The initial construction cost of grading and piping for
temporary sediment and erosion control facilities shall be paid for privately by the
Subdivider. Removal of said sediment and erosion control measures shall be paid for
privately also. All sediment and erosion control measures are to remain in place until
L.G. Roloff Construction Company,Inc. $2,788.26 per LS $2,788.26
Graham Construction $2,976.00 per LS $2,976.00
Hawkins Construction Co. $2,572.50 per LS $2,572.50
K-2 Construction $25,270.00 per LS $25,270.00
Judds Bros Construction Co $3,500.00 per LS $3,500.00
Page 24 of 25, 5/25/2011 1:18:51 PM, Bid Tabulation, Generated by:admin for project OPW 51957
admin for project OPW 51957
xtension
Page 18 of 25, 5/25/2011 1:18:50 PM, Bid Tabulation, Generated by:admin for project OPW 51957
tion, Generated by:admin for project OPW 51957
specific gravity and Ph levels. The results of both tests will be submitted in a side-by-side
analysis.
seventy-five percent (75%) of the drainage sub-basin serviced by these erosion control
measures are fully developed, and with the written permission of the City Public Works
Department authorizing their removal. Sediment removal shall be paid by the Subdivider.
6. Payment of Storm Sewer Fees: The City of Omaha Storm Sewer Fee shall be paid by the
Owner/Builder of each lot prior to issuance of a building permit.
7. Interceptor Sewer Fees. Omaha Interceptor Sewer Fees do not apply to the Area-to be
Developed as it is situated within the corporate limits of the City of Omaha.
8. Post Construction Stormwater Management: A Post Construction Stormwater Management
Plan has been prepared and previously approved by the City of Omaha, a copy of which is
attached hereto and incorporated herein as Exhibit "D". The initial construction cost of post
construction stormwater facilities shall be paid for privately by the Subdivider. Post
Construction facilities shall be owned and maintained by Subdivider, their successors or
assigns, including any proposed owners association to be formed.
9. Binding effect. The Subdivision Agreement shall be binding upon the parties, their
respective successors, and assigns.
m sewer, and paving of public streets (hereinafter referred to as "IMPROVEMENTS").
All improvements must receive the approval of the Public Works Department of the City
prior to construction.
2. Water, gas, and electrical power. The Subdivider agrees to enter into Agreements with
Metropolitan Utilities District for gas and water service, and into an Agreement with the
Omaha Public Power District for power service. Copies of all Agreements with the
Metropolitan Utilities District and the Omaha Public Power District will be provided to the
City within four months from the date of this Agreement.
3. Installation of improvements. The Subdivider agrees to commence the timely and orderly
followingexecution of this Agreement, pursuant to Section
installation of the improvement ,
9
53-9 of the Omaha Municipal Code.
4. Payment for improvements. The Subdivider shall pay the cost of all the improvements, as
well as all charges by the Metropolitan Utilities District for gas and water line services and
charges by the Omaha Public Power District for Underground electrical service or overhead
power service.
5. Sediment and Erosion Control Plan: A Sediment and Erosion Control Plan has been
previously approved and permits issued by the NDEQ, Papio Missouri River Natural
Resources District and the City of Omaha a copy of which is attached hereto and
incorporated herein as Exhibit "C". The initial construction cost of grading and piping for
temporary sediment and erosion control facilities shall be paid for privately by the
Subdivider. Removal of said sediment and erosion control measures shall be paid for
privately also. All sediment and erosion control measures are to remain in place until
L.G. Roloff Construction Company,Inc. $2,788.26 per LS $2,788.26
Graham Construction $2,976.00 per LS $2,976.00
Hawkins Construction Co. $2,572.50 per LS $2,572.50
K-2 Construction $25,270.00 per LS $25,270.00
Judds Bros Construction Co $3,500.00 per LS $3,500.00
Page 24 of 25, 5/25/2011 1:18:51 PM, Bid Tabulation, Generated by:admin for project OPW 51957
admin for project OPW 51957
xtension
Page 18 of 25, 5/25/2011 1:18:50 PM, Bid Tabulation, Generated by:admin for project OPW 51957
tion, Generated by:admin for project OPW 51957
specific gravity and Ph levels. The results of both tests will be submitted in a side-by-side
analysis.
•
IN WITNESS WHEREOF, we the executing parties, by our respective duly authorized agents,
hereby enter into this Agreement, effective on the day and year first above written.
ATTEST: CITY OF OMAHA
0 44, _ . / /
I Y CLE Dat M /4 R Date
•
NEWSTREET, LLC, a Utah Limited Liability Company
4
N& _
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Bet
:_ ks, S cretary Date
APPROVED AS TO FORM
, k/y.Z--r C- ) -q
ASSISTANT CITY ATTORNEY DATE
STATE OF NEBRASKA )
)SS
COUNTY OF DOUGLAS )
On this'L3 th day of May, 2011, before me, a Notary Public in and for said County and State,
personally appeared Jerry Banks, Secretary of NEWSTREET, LLC, a Utah Limited Liability
Company, who executed the above and foregoing easement acknowledged the execution
thereof to be his voluntary act and deed.
GENERAL NOTARY-State of Nebraska
;r;� tFsue ar�ca
Li. c)I_,f-oi.---) �1YQxnm.EKp MaYP3.1d14
OTARY PUBLIC
My Commission expires V\ak1 23, 2V-A- .
binding upon the parties, their
respective successors, and assigns.
m sewer, and paving of public streets (hereinafter referred to as "IMPROVEMENTS").
All improvements must receive the approval of the Public Works Department of the City
prior to construction.
2. Water, gas, and electrical power. The Subdivider agrees to enter into Agreements with
Metropolitan Utilities District for gas and water service, and into an Agreement with the
Omaha Public Power District for power service. Copies of all Agreements with the
Metropolitan Utilities District and the Omaha Public Power District will be provided to the
City within four months from the date of this Agreement.
3. Installation of improvements. The Subdivider agrees to commence the timely and orderly
followingexecution of this Agreement, pursuant to Section
installation of the improvement ,
9
53-9 of the Omaha Municipal Code.
4. Payment for improvements. The Subdivider shall pay the cost of all the improvements, as
well as all charges by the Metropolitan Utilities District for gas and water line services and
charges by the Omaha Public Power District for Underground electrical service or overhead
power service.
5. Sediment and Erosion Control Plan: A Sediment and Erosion Control Plan has been
previously approved and permits issued by the NDEQ, Papio Missouri River Natural
Resources District and the City of Omaha a copy of which is attached hereto and
incorporated herein as Exhibit "C". The initial construction cost of grading and piping for
temporary sediment and erosion control facilities shall be paid for privately by the
Subdivider. Removal of said sediment and erosion control measures shall be paid for
privately also. All sediment and erosion control measures are to remain in place until
L.G. Roloff Construction Company,Inc. $2,788.26 per LS $2,788.26
Graham Construction $2,976.00 per LS $2,976.00
Hawkins Construction Co. $2,572.50 per LS $2,572.50
K-2 Construction $25,270.00 per LS $25,270.00
Judds Bros Construction Co $3,500.00 per LS $3,500.00
Page 24 of 25, 5/25/2011 1:18:51 PM, Bid Tabulation, Generated by:admin for project OPW 51957
admin for project OPW 51957
xtension
Page 18 of 25, 5/25/2011 1:18:50 PM, Bid Tabulation, Generated by:admin for project OPW 51957
tion, Generated by:admin for project OPW 51957
specific gravity and Ph levels. The results of both tests will be submitted in a side-by-side
analysis.
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4. Payment for improvements. The Subdivider shall pay the cost of all the improvements, as
well as all charges by the Metropolitan Utilities District for gas and water line services and
charges by the Omaha Public Power District for Underground electrical service or overhead
power service.
5. Sediment and Erosion Control Plan: A Sediment and Erosion Control Plan has been
previously approved and permits issued by the NDEQ, Papio Missouri River Natural
Resources District and the City of Omaha a copy of which is attached hereto and
incorporated herein as Exhibit "C". The initial construction cost of grading and piping for
temporary sediment and erosion control facilities shall be paid for privately by the
Subdivider. Removal of said sediment and erosion control measures shall be paid for
privately also. All sediment and erosion control measures are to remain in place until
L.G. Roloff Construction Company,Inc. $2,788.26 per LS $2,788.26
Graham Construction $2,976.00 per LS $2,976.00
Hawkins Construction Co. $2,572.50 per LS $2,572.50
K-2 Construction $25,270.00 per LS $25,270.00
Judds Bros Construction Co $3,500.00 per LS $3,500.00
Page 24 of 25, 5/25/2011 1:18:51 PM, Bid Tabulation, Generated by:admin for project OPW 51957
admin for project OPW 51957
xtension
Page 18 of 25, 5/25/2011 1:18:50 PM, Bid Tabulation, Generated by:admin for project OPW 51957
tion, Generated by:admin for project OPW 51957
specific gravity and Ph levels. The results of both tests will be submitted in a side-by-side
analysis.
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allation of the improvement ,
9
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4. Payment for improvements. The Subdivider shall pay the cost of all the improvements, as
well as all charges by the Metropolitan Utilities District for gas and water line services and
charges by the Omaha Public Power District for Underground electrical service or overhead
power service.
5. Sediment and Erosion Control Plan: A Sediment and Erosion Control Plan has been
previously approved and permits issued by the NDEQ, Papio Missouri River Natural
Resources District and the City of Omaha a copy of which is attached hereto and
incorporated herein as Exhibit "C". The initial construction cost of grading and piping for
temporary sediment and erosion control facilities shall be paid for privately by the
Subdivider. Removal of said sediment and erosion control measures shall be paid for
privately also. All sediment and erosion control measures are to remain in place until
L.G. Roloff Construction Company,Inc. $2,788.26 per LS $2,788.26
Graham Construction $2,976.00 per LS $2,976.00
Hawkins Construction Co. $2,572.50 per LS $2,572.50
K-2 Construction $25,270.00 per LS $25,270.00
Judds Bros Construction Co $3,500.00 per LS $3,500.00
Page 24 of 25, 5/25/2011 1:18:51 PM, Bid Tabulation, Generated by:admin for project OPW 51957
admin for project OPW 51957
xtension
Page 18 of 25, 5/25/2011 1:18:50 PM, Bid Tabulation, Generated by:admin for project OPW 51957
tion, Generated by:admin for project OPW 51957
specific gravity and Ph levels. The results of both tests will be submitted in a side-by-side
analysis.
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5. Sediment and Erosion Control Plan: A Sediment and Erosion Control Plan has been
previously approved and permits issued by the NDEQ, Papio Missouri River Natural
Resources District and the City of Omaha a copy of which is attached hereto and
incorporated herein as Exhibit "C". The initial construction cost of grading and piping for
temporary sediment and erosion control facilities shall be paid for privately by the
Subdivider. Removal of said sediment and erosion control measures shall be paid for
privately also. All sediment and erosion control measures are to remain in place until
L.G. Roloff Construction Company,Inc. $2,788.26 per LS $2,788.26
Graham Construction $2,976.00 per LS $2,976.00
Hawkins Construction Co. $2,572.50 per LS $2,572.50
K-2 Construction $25,270.00 per LS $25,270.00
Judds Bros Construction Co $3,500.00 per LS $3,500.00
Page 24 of 25, 5/25/2011 1:18:51 PM, Bid Tabulation, Generated by:admin for project OPW 51957
admin for project OPW 51957
xtension
Page 18 of 25, 5/25/2011 1:18:50 PM, Bid Tabulation, Generated by:admin for project OPW 51957
tion, Generated by:admin for project OPW 51957
specific gravity and Ph levels. The results of both tests will be submitted in a side-by-side
analysis.
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
• Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Newstreet, LLC proposes to build a subdivision to be known as N.D.
Park(Lots 1-3) which will be located southwest of 14th & Cuming Streets; and,
WHEREAS, Newstreet, LLC will build public and private improvements in this
subdivision; and,
WHEREAS,the parties wish to agree upon the manner and the extent to which funds
may be expended in connection with public improvements to be constructed within the area to be
developed or serving the area to be developed and the extent to which the contemplated public
improvements specifically benefit property in the area to be developed and to what extent the cost of
the same shall be specially assessed; and,
WHEREAS, a Subdivision 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 Subdivision Agreement between the City of Omaha and Newstreet,LLC
as recommended by the Mayor, providing for the public improvements, is hereby approved. The
Subdivision is to be known as N.D. Park (Lots 1-3) and is located southwest of 14th & Cuming
Streets.
P:\msp\1226msp.doc
APPROVED AS TO FORM:
r-)-1/
ITY ATTORNEY DATE
By
Councilme,
Adopted JUL 1 g 2011 6 _o - d
City Clerk 7/4
Approved d/Q*:
Mayor
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5. Sediment and Erosion Control Plan: A Sediment and Erosion Control Plan has been
previously approved and permits issued by the NDEQ, Papio Missouri River Natural
Resources District and the City of Omaha a copy of which is attached hereto and
incorporated herein as Exhibit "C". The initial construction cost of grading and piping for
temporary sediment and erosion control facilities shall be paid for privately by the
Subdivider. Removal of said sediment and erosion control measures shall be paid for
privately also. All sediment and erosion control measures are to remain in place until
L.G. Roloff Construction Company,Inc. $2,788.26 per LS $2,788.26
Graham Construction $2,976.00 per LS $2,976.00
Hawkins Construction Co. $2,572.50 per LS $2,572.50
K-2 Construction $25,270.00 per LS $25,270.00
Judds Bros Construction Co $3,500.00 per LS $3,500.00
Page 24 of 25, 5/25/2011 1:18:51 PM, Bid Tabulation, Generated by:admin for project OPW 51957
admin for project OPW 51957
xtension
Page 18 of 25, 5/25/2011 1:18:50 PM, Bid Tabulation, Generated by:admin for project OPW 51957
tion, Generated by:admin for project OPW 51957
specific gravity and Ph levels. The results of both tests will be submitted in a side-by-side
analysis.
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Contract Total $0.00
Total Penalties: $0.00
Total Payments: $0.00
Contractor:
Phone#:
Fax#:
Email address:
•
•
Page 1 of 25, 5/25/2011 1:18:49 PM, Bid Tabulation, Generated by:admin for project OPW 51957