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RES 2008-0974 - Elkhorn West appeals bid rejection for OPW 51520-OIC neighborhood infill housing phase I (withdrawn) 114 E L K H O R lei WEST 261 g N. Main Street Elkhorn,Nebraska 68022 \4111CZNSTRUCTIOIes BUILD DESIGN CONSULT Office: 402.315.9557 . Fax: 402.315.9415 INC7.3 r- • July 2, 2008 s a �' �� 1,4 Buster Brown r City Clerk City of Omaha -- 1819 Farnam Street, Suite LC-1 Omaha,Nebraska 68183 Re: "OPW 51520-O.I.C.Neighborhood Infill Housing—Phase 1"which opened June 18, 2008. Dear Buster Brown: We received a letter from Steve N. Jensen, Planning Director for the City of Omaha rejecting our bid per Section 10-1110 of the Omaha Municipal Code. We at Elkhorn West are appealing the rejection of bid decision. Elkhorn West Construction, Inc supports diversity in construction and is glad to do our part. We are kind of new to bidding City of Omaha Work. We believe there was a misunderstanding on our part when it came to submitting the bid. On June 17tii we had several discussions with Kathy Hendrix and Maria Patrida in the Human Rights-and Relations department previous to bid. We thought through our discussion's that we were , required to have our bid Proposal for OPW 51520, Exhibit"A"and Exhibit"B"before 11AM the day of the bid. We thought in our conversations with the City that our Bid Verification, invite to bid DBE/WBE and good faith documentation is due before 2PM the;day•of the bid. On June 18th we contacted Maria Patrida immediately after the bid to nuke sure we send that information to her that was needed after the 11AM opening. She said we needed to contact the City Clerk Buster Brown immediately and get the information into his hands before 2PM. At 11:40AM I contacted Buster Brown in his office. He was familiar with the project and said we needed to get the rest of our material to his office before 2PM. I asked if he would accept faxes and he said yes:"We sent our information which is included-with this document, attachment#1 and attachment#2.. We were confused with the wording of the documentation but I believe we showed good intent. We received many DBE/WBE bids,but only 31a Generation Bullard was initially low. We did have a few other-subcontractors who are technically DBE/WBE but not certified with the City of Omaha. We can come up with a list of current DBE/WBE s located,or if such place is not within the corporate limits of a city or village, then the local governing body shall be the county within which the place for which the special designated license is requested is located. In Compliance with ADA,this form is available in other formats for persons with disabilities. A ten day advance period is requested in writing to produce the alternate format. Rev 7/04 35-4121np .,..:;;!..*:i.:!..,747.43.!.74.47 ..----•.... ) .. . / OS4: _• i .' I 1'.''.'‘;';':1:•:•. ' ---,.. ,., • . 7,...0:•-fraT ''"'•,,„,..•.•. • .•..,.,,,,,7 1g _ 0N .. 0 .%310LLNO3 h. illi - •. .. Ratv - •...,, ,..... .. . lll ° r Nnr ,, .N., ..... --..........,............. //. . s. , .... ... . C1.3A130ati ,..... ., , „ • __ .. infestation of mold,mildew,microbial growths and any associated mycotoxins in the Premises. Tenant must'properly maintain the Premises to reduce the likelihood of any mold growth or proliferation. The Tenant must keep the Premises clean and immediately fix and abate any leaks or moisture which fosters mold growth,caused by any equipment,plumbing fixtures or other items under its control. The Tenant must report within forty-eight(48)hours the following to the Landlord: a. Any non-working fan,heater,air conditioner or ventilation system; b. Plumbing leaks,drips,sweating pipes,wet spots; c. Overflows from bathroom kitchen,or other facilities,including but not limited to tubs,showers,shower enclosures,toilets,sinks,kitchen appliances or other receptacles of water,especially in cases where the overflow may have permeated walls,floors,ceilings or fixtures; d. Water intrusion of any kind; ' e. Any mold or black or brown spots or moisture on surfaces inside the Premises; f. Broken plumbing systems or standing water near structures; g. Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; h. Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hypersensitivity,to mold growth at the Premises;and i. Any odors consistent with mold growth, the-lund-ther .under. (a) ,Exclusive Use: During the primary term of this agreement and any option or extension periods,Landlord,shall not lease to within Tivoli 5 to another bar or lounge. (t) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms and conditions of this Lease and is not otherwise in default of Lease,Tenant shall have en option to extend the term of this Lease for a period of peven(7)year(s)commencing on January 1.2015 and ending pecember 31,2021. All terms and conditions during the extended term shall remain the same except that Base Rent shall be increased annually Iry twq percent(2%1.Tenant must notify Landlord in writing by June 1.2014 of its intent to exercise this Option,time being of the essence in this regard Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on behalf of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. iN WITNESS WHEREOF,the parties hereto have executed this Lease the day and year fiat above written. • Tivoli 5.LLC.a Nebraska limited liability comnanx S dossaum Emertainnrent,nos..a N brailw rnrnoratutJ LANDLORD TENANT• (� BY: mit- ral1� BY; �(�{\ PRINT/TYPE V PRINTffYPE NAME Jerry M.Musky NAME: Michael P.Boyd ITS: Member ITS: President PRINT/TYPE NAME: John L.Reich iTS: Member • Page 5 of 6 set Islasa woa,.m ermro*.Acodeh.,,t 0ma..by rbanen ngenrr..rt a+r.mna smmnt snrt.esvet073re rme.eac Lead kg 01.31.2007 • Buster Brown, City Clerk July 2,2008 Page 2 recognized by the City as well as past recognized companies recognized by the City of Omaha. We have a group of subcontractors and suppliers we work with that are DBE/WBE,but never formally bothered to register. We encouraged many to file the proper paperwork with the City. We contacted several via the phone and they are willing to verify our intent and verify we worked with them in the past. We at Elkhorn West Construction, Inc are lifetime residents of Omaha. I graduated from Omaha Central High as well as my brother Lou Gurnon from our company. We have always believed in a level playing field and helping thy neighbor. With good faith I believe we can exceed the 15%DBE/WBE participation on this project. When we bid this project we only listed PBE who were low bid for their work area. Other PBEs we did not list because they were not low bid due to non PBE companies submitted a lower bid. We have been in contact with Sue Farrow from BTS before and after the bid with good intent. We have been in contact With Mike Channel, Consultant with the Santee Sioux Tribe discussing job opportunities. It is always our intent to be honest and fair. We believe in Omaha and its people. This is not just another job for us,this is our life. If you have any questions or comments,please contact me. Cordially, Thomas J. Gurnon President,Elkhorn West Construction, Inc. ore 2PM the;day•of the bid. On June 18th we contacted Maria Patrida immediately after the bid to nuke sure we send that information to her that was needed after the 11AM opening. She said we needed to contact the City Clerk Buster Brown immediately and get the information into his hands before 2PM. At 11:40AM I contacted Buster Brown in his office. He was familiar with the project and said we needed to get the rest of our material to his office before 2PM. I asked if he would accept faxes and he said yes:"We sent our information which is included-with this document, attachment#1 and attachment#2.. We were confused with the wording of the documentation but I believe we showed good intent. We received many DBE/WBE bids,but only 31a Generation Bullard was initially low. We did have a few other-subcontractors who are technically DBE/WBE but not certified with the City of Omaha. We can come up with a list of current DBE/WBE s located,or if such place is not within the corporate limits of a city or village, then the local governing body shall be the county within which the place for which the special designated license is requested is located. In Compliance with ADA,this form is available in other formats for persons with disabilities. A ten day advance period is requested in writing to produce the alternate format. Rev 7/04 35-4121np .,..:;;!..*:i.:!..,747.43.!.74.47 ..----•.... ) .. . / OS4: _• i .' I 1'.''.'‘;';':1:•:•. ' ---,.. ,., • . 7,...0:•-fraT ''"'•,,„,..•.•. • .•..,.,,,,,7 1g _ 0N .. 0 .%310LLNO3 h. illi - •. .. Ratv - •...,, ,..... .. . lll ° r Nnr ,, .N., ..... --..........,............. //. . s. , .... ... . C1.3A130ati ,..... ., , „ • __ .. infestation of mold,mildew,microbial growths and any associated mycotoxins in the Premises. Tenant must'properly maintain the Premises to reduce the likelihood of any mold growth or proliferation. The Tenant must keep the Premises clean and immediately fix and abate any leaks or moisture which fosters mold growth,caused by any equipment,plumbing fixtures or other items under its control. The Tenant must report within forty-eight(48)hours the following to the Landlord: a. Any non-working fan,heater,air conditioner or ventilation system; b. Plumbing leaks,drips,sweating pipes,wet spots; c. Overflows from bathroom kitchen,or other facilities,including but not limited to tubs,showers,shower enclosures,toilets,sinks,kitchen appliances or other receptacles of water,especially in cases where the overflow may have permeated walls,floors,ceilings or fixtures; d. Water intrusion of any kind; ' e. Any mold or black or brown spots or moisture on surfaces inside the Premises; f. Broken plumbing systems or standing water near structures; g. Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; h. Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hypersensitivity,to mold growth at the Premises;and i. Any odors consistent with mold growth, the-lund-ther .under. (a) ,Exclusive Use: During the primary term of this agreement and any option or extension periods,Landlord,shall not lease to within Tivoli 5 to another bar or lounge. (t) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms and conditions of this Lease and is not otherwise in default of Lease,Tenant shall have en option to extend the term of this Lease for a period of peven(7)year(s)commencing on January 1.2015 and ending pecember 31,2021. All terms and conditions during the extended term shall remain the same except that Base Rent shall be increased annually Iry twq percent(2%1.Tenant must notify Landlord in writing by June 1.2014 of its intent to exercise this Option,time being of the essence in this regard Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on behalf of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. iN WITNESS WHEREOF,the parties hereto have executed this Lease the day and year fiat above written. • Tivoli 5.LLC.a Nebraska limited liability comnanx S dossaum Emertainnrent,nos..a N brailw rnrnoratutJ LANDLORD TENANT• (� BY: mit- ral1� BY; �(�{\ PRINT/TYPE V PRINTffYPE NAME Jerry M.Musky NAME: Michael P.Boyd ITS: Member ITS: President PRINT/TYPE NAME: John L.Reich iTS: Member • Page 5 of 6 set Islasa woa,.m ermro*.Acodeh.,,t 0ma..by rbanen ngenrr..rt a+r.mna smmnt snrt.esvet073re rme.eac Lead kg 01.31.2007 cp '• ELKHORN WEST CONSTRUCTION Inc. 2618 N Main Street Omaha,NE 68022 Fax Cover Sheet DATE: ` /0 . do ? TIME: ` i TO: 5CIL$ Tti 13 Zew'l PHONE: FAX: 4 ,j e ‘ FROM: Tom Gurnon PHONE: 402-315-9557 Elkhom West Construction,,Inc. FAX: 402-315-9415 RE: Job# f j- (f',4',/g./x 05 oe C.` l 1( Of o,4 i' Number of pages including cover sheet: / C a,'e Message: 3 ri (-1--riera.):i(d A &tL JJ CO. P'13E Vf Cordiall Tom Gurnon Elkhorn West Construction,Inc. k V ' t• /sib Mb 1116 AA i 1 1 ilif -ilififirAA -k• 1: '---\ \'( ), 1 0 �. OMAHA.NE 68110 ' • 41 ' Ai • - 402-455,2333 402-455-5258 ARVEST:' • • _ • • • Fax 3rel Ge trie trafia gu(letvo( CO. TO: t I IC onn Front Fa= 3 (.5 gij j5, Pages: 24 Phone: Date: 6 F Re: Cc: S Lt I I ekriit Urgent For Review 0 Please Comment 0 Please Reply 0 Please Recycle • •Comments f7140 cite. 1.,,20 I-1'7- . 13 (5 .10 S .Zo 6 • _ • 6„- rfik ; • T39dd 8S2S-9St7-20t, 1.23n8dH Nd0I63Wt) 20:9T 8002-LT-90 /sib Mb 1116 AA i 1 1 ilif -ilififirAA -k• 1: '---\ \'( ), 1 0 �. . • 7.;;WO;;;;*: ; ;* ;•;" :; : : • " • : . • • •• . .. •' - • •""-^".'..`'' .".• • -• 3rA Geenere<-1-Joik. f3u,1t6 Co a VL ( I ) Slab ovt9racte• (2) t4+ Po rck 100 sQ-C-i- (ex. 3.00 300 . no CS) 5 34epS Grck. 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' • , , • ,0 o ef .Si r , • o _=-. 0' no• a , • it - • . _______ ig--) C ri JAJC$ /A •-- -•- - - -- .5,0o .5.4_ -Pi- 'i • . kTiii___.e_ is &€>3 ...._._._...__....._______....._.___._._.._._...z!....f ) ...._..............________________ OP ''0. • : . ., !.`..;:7.': '''77.7:rf.. 3M,t1,1iitiWZ;Z•Oi §.i!i. 0::7;.T.- Z;.,:tii''*.!!i:''Z' :•••••:, V5:4 Vtlipiil.pWWP.M;f:;'...:7:7:': .•: r • • . : ;.:• 2BV:Id 8S2S-SSt7-2017 lS3AeldH NdOIN3Wd 20:9t 8002-LT-90 after the 11AM opening. She said we needed to contact the City Clerk Buster Brown immediately and get the information into his hands before 2PM. At 11:40AM I contacted Buster Brown in his office. He was familiar with the project and said we needed to get the rest of our material to his office before 2PM. I asked if he would accept faxes and he said yes:"We sent our information which is included-with this document, attachment#1 and attachment#2.. We were confused with the wording of the documentation but I believe we showed good intent. We received many DBE/WBE bids,but only 31a Generation Bullard was initially low. We did have a few other-subcontractors who are technically DBE/WBE but not certified with the City of Omaha. We can come up with a list of current DBE/WBE s located,or if such place is not within the corporate limits of a city or village, then the local governing body shall be the county within which the place for which the special designated license is requested is located. In Compliance with ADA,this form is available in other formats for persons with disabilities. A ten day advance period is requested in writing to produce the alternate format. Rev 7/04 35-4121np .,..:;;!..*:i.:!..,747.43.!.74.47 ..----•.... ) .. . / OS4: _• i .' I 1'.''.'‘;';':1:•:•. ' ---,.. ,., • . 7,...0:•-fraT ''"'•,,„,..•.•. • .•..,.,,,,,7 1g _ 0N .. 0 .%310LLNO3 h. illi - •. .. Ratv - •...,, ,..... .. . lll ° r Nnr ,, .N., ..... --..........,............. //. . s. , .... ... . C1.3A130ati ,..... ., , „ • __ .. infestation of mold,mildew,microbial growths and any associated mycotoxins in the Premises. Tenant must'properly maintain the Premises to reduce the likelihood of any mold growth or proliferation. The Tenant must keep the Premises clean and immediately fix and abate any leaks or moisture which fosters mold growth,caused by any equipment,plumbing fixtures or other items under its control. The Tenant must report within forty-eight(48)hours the following to the Landlord: a. Any non-working fan,heater,air conditioner or ventilation system; b. Plumbing leaks,drips,sweating pipes,wet spots; c. Overflows from bathroom kitchen,or other facilities,including but not limited to tubs,showers,shower enclosures,toilets,sinks,kitchen appliances or other receptacles of water,especially in cases where the overflow may have permeated walls,floors,ceilings or fixtures; d. Water intrusion of any kind; ' e. Any mold or black or brown spots or moisture on surfaces inside the Premises; f. Broken plumbing systems or standing water near structures; g. Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; h. Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hypersensitivity,to mold growth at the Premises;and i. Any odors consistent with mold growth, the-lund-ther .under. (a) ,Exclusive Use: During the primary term of this agreement and any option or extension periods,Landlord,shall not lease to within Tivoli 5 to another bar or lounge. (t) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms and conditions of this Lease and is not otherwise in default of Lease,Tenant shall have en option to extend the term of this Lease for a period of peven(7)year(s)commencing on January 1.2015 and ending pecember 31,2021. All terms and conditions during the extended term shall remain the same except that Base Rent shall be increased annually Iry twq percent(2%1.Tenant must notify Landlord in writing by June 1.2014 of its intent to exercise this Option,time being of the essence in this regard Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on behalf of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. iN WITNESS WHEREOF,the parties hereto have executed this Lease the day and year fiat above written. • Tivoli 5.LLC.a Nebraska limited liability comnanx S dossaum Emertainnrent,nos..a N brailw rnrnoratutJ LANDLORD TENANT• (� BY: mit- ral1� BY; �(�{\ PRINT/TYPE V PRINTffYPE NAME Jerry M.Musky NAME: Michael P.Boyd ITS: Member ITS: President PRINT/TYPE NAME: John L.Reich iTS: Member • Page 5 of 6 set Islasa woa,.m ermro*.Acodeh.,,t 0ma..by rbanen ngenrr..rt a+r.mna smmnt snrt.esvet073re rme.eac Lead kg 01.31.2007 • MEMORY TRANSMISSION REPORT TIME :06-18-'08 11:48 TEL NO.1 :4023159415 NAME :ELKHORN WEST CONST FILE NO. : 919 DATE : 06.18 11:47 TO :e4445263 DOCUMENT PAGES : 4 START TIME : 06.18 11:48 END TIME : 06.18 11:48 PAGES SENT 4 STATUS : OK TX ORIGINAL ELKHOR[V WEST ��CON STR UCTI C:f "no. 2628 N.Main Street Omolse,2VE 68022 Faa Cover/Ske/}e�t �J M Oot-r .. tr//�/. CZ Vc/ 7. '/ TME: /Z. TO: %S (A-5 `��� �J � N Fstowe: 'TOM Guman PHONE: 402-315-9557 Elk/3am WerstConstr-eic ic4, /nc.�/ CFAX: 402-/315-9415 o RE: Jb# /"4 �/'O (�C�/ O / 1 /[/X/� Number of pages including cover sheet.: /./t/ 7 Z—Z- 01.a.5 -,t' '/ ,zee rt u_ 1/�.rd GU. ids 3/0 Uhl F-( T/oar/ CordiaU Tom Qurrscat Elldterrm West GoXIS tructioa,lac. kTiii___.e_ is &€>3 ...._._._...__....._______....._.___._._.._._...z!....f ) ...._..............________________ OP ''0. • : . ., !.`..;:7.': '''77.7:rf.. 3M,t1,1iitiWZ;Z•Oi §.i!i. 0::7;.T.- Z;.,:tii''*.!!i:''Z' :•••••:, V5:4 Vtlipiil.pWWP.M;f:;'...:7:7:': .•: r • • . : ;.:• 2BV:Id 8S2S-SSt7-2017 lS3AeldH NdOIN3Wd 20:9t 8002-LT-90 after the 11AM opening. She said we needed to contact the City Clerk Buster Brown immediately and get the information into his hands before 2PM. At 11:40AM I contacted Buster Brown in his office. He was familiar with the project and said we needed to get the rest of our material to his office before 2PM. I asked if he would accept faxes and he said yes:"We sent our information which is included-with this document, attachment#1 and attachment#2.. We were confused with the wording of the documentation but I believe we showed good intent. We received many DBE/WBE bids,but only 31a Generation Bullard was initially low. We did have a few other-subcontractors who are technically DBE/WBE but not certified with the City of Omaha. We can come up with a list of current DBE/WBE s located,or if such place is not within the corporate limits of a city or village, then the local governing body shall be the county within which the place for which the special designated license is requested is located. In Compliance with ADA,this form is available in other formats for persons with disabilities. A ten day advance period is requested in writing to produce the alternate format. Rev 7/04 35-4121np .,..:;;!..*:i.:!..,747.43.!.74.47 ..----•.... ) .. . / OS4: _• i .' I 1'.''.'‘;';':1:•:•. ' ---,.. ,., • . 7,...0:•-fraT ''"'•,,„,..•.•. • .•..,.,,,,,7 1g _ 0N .. 0 .%310LLNO3 h. illi - •. .. Ratv - •...,, ,..... .. . lll ° r Nnr ,, .N., ..... --..........,............. //. . s. , .... ... . C1.3A130ati ,..... ., , „ • __ .. infestation of mold,mildew,microbial growths and any associated mycotoxins in the Premises. Tenant must'properly maintain the Premises to reduce the likelihood of any mold growth or proliferation. The Tenant must keep the Premises clean and immediately fix and abate any leaks or moisture which fosters mold growth,caused by any equipment,plumbing fixtures or other items under its control. The Tenant must report within forty-eight(48)hours the following to the Landlord: a. Any non-working fan,heater,air conditioner or ventilation system; b. Plumbing leaks,drips,sweating pipes,wet spots; c. Overflows from bathroom kitchen,or other facilities,including but not limited to tubs,showers,shower enclosures,toilets,sinks,kitchen appliances or other receptacles of water,especially in cases where the overflow may have permeated walls,floors,ceilings or fixtures; d. Water intrusion of any kind; ' e. Any mold or black or brown spots or moisture on surfaces inside the Premises; f. Broken plumbing systems or standing water near structures; g. Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; h. Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hypersensitivity,to mold growth at the Premises;and i. Any odors consistent with mold growth, the-lund-ther .under. (a) ,Exclusive Use: During the primary term of this agreement and any option or extension periods,Landlord,shall not lease to within Tivoli 5 to another bar or lounge. (t) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms and conditions of this Lease and is not otherwise in default of Lease,Tenant shall have en option to extend the term of this Lease for a period of peven(7)year(s)commencing on January 1.2015 and ending pecember 31,2021. All terms and conditions during the extended term shall remain the same except that Base Rent shall be increased annually Iry twq percent(2%1.Tenant must notify Landlord in writing by June 1.2014 of its intent to exercise this Option,time being of the essence in this regard Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on behalf of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. iN WITNESS WHEREOF,the parties hereto have executed this Lease the day and year fiat above written. • Tivoli 5.LLC.a Nebraska limited liability comnanx S dossaum Emertainnrent,nos..a N brailw rnrnoratutJ LANDLORD TENANT• (� BY: mit- ral1� BY; �(�{\ PRINT/TYPE V PRINTffYPE NAME Jerry M.Musky NAME: Michael P.Boyd ITS: Member ITS: President PRINT/TYPE NAME: John L.Reich iTS: Member • Page 5 of 6 set Islasa woa,.m ermro*.Acodeh.,,t 0ma..by rbanen ngenrr..rt a+r.mna smmnt snrt.esvet073re rme.eac Lead kg 01.31.2007 -riA yi .6/1/7 14 ELKHORN WEST CONSTRUCTION sor \� Inc. 2618 N Main Street Omaha,NE 68022 Fax Cover Sheet DATE: /Voi TIME: TO: ec4 �/, L FAX PHONE:1;_itz/. FROM: Tom Gurnon PHONE: 402-315-9557 Elkhom West Construction, Inc. FAX: 402-315-9415 RE: Job# Number of pages including cover sheet: Message: /2, aj& cr 0/r '04 !t !` " " ( e C 1 ry Of O Adi1/4 MIRjfr-C;4 Vrni) /11CJ ( f1411 x 7-7? AA/5 Al /1/ C010)6_ 3 OF . tOS C � 2714 i/v 4' T ,4(/(0( Cor ly pyi /644/2411-7,___ Tom Gurnon Elkhorn West Construction, Inc. _ • • n • •i'' • a-mud l!=,q(1?.1HH MULTI TRANSMISSION REPORT TIME :06-12-'08 09:37 TEL NO.1 :4023159415 NAME :ELKHORN WEST CONST X- 7/Z4 N341/5.5041 /44/V/IF RW1D FILE NO. : 817 DATE : 06,12 09:01 DOCUMENT PAGES 1 START TIME : 06.12 09:01 END TIME : 06,12 09:37 (RECOVERY TIME : 06,12 15:37 ) SUCCESSFUL TEL NUMBER � �8849492 per-- 3 Q1.1_ , '5618486 or s-a1n itc QUI '2181633 '� Co J�'� , „cr. _ '8842596 ' C'a �. -)i 3 6--�4980995 ���1� L 3j 1 11.,0:k.P '4511169 0� $5049978 25'5373090 f ia d Ci't'K 5,\0 --./( 1M_ 29916095 ifi" y '25'8843269 \NI'). trA LeiT 10—) . '3—'549344445 kia3+4,k() I ,14(tX e� $3972493 ' }- I;a cr\ �5332741 2� Glsi'1 , �8964133 ' ^ " fi "�'V-5 ��bi'l L�' -- e5713667 3 `eitfic4 V3452902 7} Di 25'4510970 LiA i'1 I1.L1`ilo/V 1— I-(1415,0 4 ilASOlkiDAI'/ UNSUCCESSFUL TEL NUMBER - PAGE SENT �3429595 :5t° riakiA .i�%� c3'17 Q-lt.• 0 $ �9321383 � S lb. . 0 V4654748 C,11dS,Cud t`l`i` t 00 �4943110 -I(I.tpi G l 2a7424265 .0 i 2z \ kii 0 � v4518694 - r I l,i;'. n "I Glit/C— 2 . 0 5'4930889 0 $4649051 at5 jc!1 0 �9639606 , 1 C1, 1 I 0 z.9642811 ;,gC;)iCC'S ,A(\C;. 0 ore 2PM. At 11:40AM I contacted Buster Brown in his office. He was familiar with the project and said we needed to get the rest of our material to his office before 2PM. I asked if he would accept faxes and he said yes:"We sent our information which is included-with this document, attachment#1 and attachment#2.. We were confused with the wording of the documentation but I believe we showed good intent. We received many DBE/WBE bids,but only 31a Generation Bullard was initially low. We did have a few other-subcontractors who are technically DBE/WBE but not certified with the City of Omaha. We can come up with a list of current DBE/WBE s located,or if such place is not within the corporate limits of a city or village, then the local governing body shall be the county within which the place for which the special designated license is requested is located. In Compliance with ADA,this form is available in other formats for persons with disabilities. A ten day advance period is requested in writing to produce the alternate format. Rev 7/04 35-4121np .,..:;;!..*:i.:!..,747.43.!.74.47 ..----•.... ) .. . / OS4: _• i .' I 1'.''.'‘;';':1:•:•. ' ---,.. ,., • . 7,...0:•-fraT ''"'•,,„,..•.•. • .•..,.,,,,,7 1g _ 0N .. 0 .%310LLNO3 h. illi - •. .. Ratv - •...,, ,..... .. . lll ° r Nnr ,, .N., ..... --..........,............. //. . s. , .... ... . C1.3A130ati ,..... ., , „ • __ .. infestation of mold,mildew,microbial growths and any associated mycotoxins in the Premises. Tenant must'properly maintain the Premises to reduce the likelihood of any mold growth or proliferation. The Tenant must keep the Premises clean and immediately fix and abate any leaks or moisture which fosters mold growth,caused by any equipment,plumbing fixtures or other items under its control. The Tenant must report within forty-eight(48)hours the following to the Landlord: a. Any non-working fan,heater,air conditioner or ventilation system; b. Plumbing leaks,drips,sweating pipes,wet spots; c. Overflows from bathroom kitchen,or other facilities,including but not limited to tubs,showers,shower enclosures,toilets,sinks,kitchen appliances or other receptacles of water,especially in cases where the overflow may have permeated walls,floors,ceilings or fixtures; d. Water intrusion of any kind; ' e. Any mold or black or brown spots or moisture on surfaces inside the Premises; f. Broken plumbing systems or standing water near structures; g. Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; h. Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hypersensitivity,to mold growth at the Premises;and i. Any odors consistent with mold growth, the-lund-ther .under. (a) ,Exclusive Use: During the primary term of this agreement and any option or extension periods,Landlord,shall not lease to within Tivoli 5 to another bar or lounge. (t) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms and conditions of this Lease and is not otherwise in default of Lease,Tenant shall have en option to extend the term of this Lease for a period of peven(7)year(s)commencing on January 1.2015 and ending pecember 31,2021. All terms and conditions during the extended term shall remain the same except that Base Rent shall be increased annually Iry twq percent(2%1.Tenant must notify Landlord in writing by June 1.2014 of its intent to exercise this Option,time being of the essence in this regard Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on behalf of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. iN WITNESS WHEREOF,the parties hereto have executed this Lease the day and year fiat above written. • Tivoli 5.LLC.a Nebraska limited liability comnanx S dossaum Emertainnrent,nos..a N brailw rnrnoratutJ LANDLORD TENANT• (� BY: mit- ral1� BY; �(�{\ PRINT/TYPE V PRINTffYPE NAME Jerry M.Musky NAME: Michael P.Boyd ITS: Member ITS: President PRINT/TYPE NAME: John L.Reich iTS: Member • Page 5 of 6 set Islasa woa,.m ermro*.Acodeh.,,t 0ma..by rbanen ngenrr..rt a+r.mna smmnt snrt.esvet073re rme.eac Lead kg 01.31.2007 • FILE NO. 817 DOCUMENT EL,K1-1ORN WEST Inc InvitationoBid ATTN: BIDDERS ARCHITECT: Alley Poyner Project: City of Omaha O.I.C. Infill Housing, Phase Ii Project Address: 20th to 22nd & Lake St. Bid Date: June 18, 2008 • Bid Time: 11:00 Estimator: Toni Gurnon Bidding Documents may be viewed at the following locations: Omaha Public Works (6th floor Civic Center) Elkhorn West's Office, online plan rooms or area plan rooms. Project Description: Construct 6 new houses. Earthwork, Site work, Lawns, Concrete, Rough Carpentry, Finish Carpentry, Roofing, Doors & Hardware, Windows, Gypsum Board, Flooring, Painting, Plumbing, HVAC, Electrical .J Please notify us of your intent to bid by completing the information and faxing this invitation back to our office g FAX (402) 315-9415 Yes, We will Bid No, Not Bidding If yes, please have your scope letter in our office by 3:00 P.M. prior to bid day. Company Name, Elkhorn West Construction, Inc, Contact Name 2618 N. Main St Section(s) _ Elkhorn, NE 68022 Phone: (402) 3I5-9557 Fax: (402) 315-9415 email; elkhornwest@,ew-const.com $ �9321383 � S lb. . 0 V4654748 C,11dS,Cud t`l`i` t 00 �4943110 -I(I.tpi G l 2a7424265 .0 i 2z \ kii 0 � v4518694 - r I l,i;'. n "I Glit/C— 2 . 0 5'4930889 0 $4649051 at5 jc!1 0 �9639606 , 1 C1, 1 I 0 z.9642811 ;,gC;)iCC'S ,A(\C;. 0 ore 2PM. At 11:40AM I contacted Buster Brown in his office. He was familiar with the project and said we needed to get the rest of our material to his office before 2PM. I asked if he would accept faxes and he said yes:"We sent our information which is included-with this document, attachment#1 and attachment#2.. We were confused with the wording of the documentation but I believe we showed good intent. We received many DBE/WBE bids,but only 31a Generation Bullard was initially low. We did have a few other-subcontractors who are technically DBE/WBE but not certified with the City of Omaha. We can come up with a list of current DBE/WBE s located,or if such place is not within the corporate limits of a city or village, then the local governing body shall be the county within which the place for which the special designated license is requested is located. In Compliance with ADA,this form is available in other formats for persons with disabilities. A ten day advance period is requested in writing to produce the alternate format. Rev 7/04 35-4121np .,..:;;!..*:i.:!..,747.43.!.74.47 ..----•.... ) .. . / OS4: _• i .' I 1'.''.'‘;';':1:•:•. ' ---,.. ,., • . 7,...0:•-fraT ''"'•,,„,..•.•. • .•..,.,,,,,7 1g _ 0N .. 0 .%310LLNO3 h. illi - •. .. Ratv - •...,, ,..... .. . lll ° r Nnr ,, .N., ..... --..........,............. //. . s. , .... ... . C1.3A130ati ,..... ., , „ • __ .. infestation of mold,mildew,microbial growths and any associated mycotoxins in the Premises. Tenant must'properly maintain the Premises to reduce the likelihood of any mold growth or proliferation. The Tenant must keep the Premises clean and immediately fix and abate any leaks or moisture which fosters mold growth,caused by any equipment,plumbing fixtures or other items under its control. The Tenant must report within forty-eight(48)hours the following to the Landlord: a. Any non-working fan,heater,air conditioner or ventilation system; b. Plumbing leaks,drips,sweating pipes,wet spots; c. Overflows from bathroom kitchen,or other facilities,including but not limited to tubs,showers,shower enclosures,toilets,sinks,kitchen appliances or other receptacles of water,especially in cases where the overflow may have permeated walls,floors,ceilings or fixtures; d. Water intrusion of any kind; ' e. Any mold or black or brown spots or moisture on surfaces inside the Premises; f. Broken plumbing systems or standing water near structures; g. Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; h. Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hypersensitivity,to mold growth at the Premises;and i. Any odors consistent with mold growth, the-lund-ther .under. (a) ,Exclusive Use: During the primary term of this agreement and any option or extension periods,Landlord,shall not lease to within Tivoli 5 to another bar or lounge. (t) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms and conditions of this Lease and is not otherwise in default of Lease,Tenant shall have en option to extend the term of this Lease for a period of peven(7)year(s)commencing on January 1.2015 and ending pecember 31,2021. All terms and conditions during the extended term shall remain the same except that Base Rent shall be increased annually Iry twq percent(2%1.Tenant must notify Landlord in writing by June 1.2014 of its intent to exercise this Option,time being of the essence in this regard Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on behalf of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. iN WITNESS WHEREOF,the parties hereto have executed this Lease the day and year fiat above written. • Tivoli 5.LLC.a Nebraska limited liability comnanx S dossaum Emertainnrent,nos..a N brailw rnrnoratutJ LANDLORD TENANT• (� BY: mit- ral1� BY; �(�{\ PRINT/TYPE V PRINTffYPE NAME Jerry M.Musky NAME: Michael P.Boyd ITS: Member ITS: President PRINT/TYPE NAME: John L.Reich iTS: Member • Page 5 of 6 set Islasa woa,.m ermro*.Acodeh.,,t 0ma..by rbanen ngenrr..rt a+r.mna smmnt snrt.esvet073re rme.eac Lead kg 01.31.2007 67-123-262S 23:26 MATT 7125274749 GE 40 rie Perkins&Perkins Co. Estimate 2505 N 24 St Omaha, NE 68104 Date Estimate* 6/17/2008 3 Name I Address O.1.0 Housing 20-22 Late • Project Description oty Rate Total Concrete basement floor and garage floor and porch. for plan I 25,608.00 2_5,608.00 1640sf(c�S3.4920 plan 2 1314sf(u$3=394 2 0.00 0.00 Total $25,608.00 . tOS C � 2714 i/v 4' T ,4(/(0( Cor ly pyi /644/2411-7,___ Tom Gurnon Elkhorn West Construction, Inc. _ • • n • •i'' • a-mud l!=,q(1?.1HH Darrell Coleman, Electrical Contractor 13805 Morinda Circle Omaha, NE 68144 (402) 871-7187 June 18, 2008 To: Elkhorn West Construction Inc. From: Mustang Electric Inc. RE: O.I.C. Neighborhood Infill Housing Bid: $43,860.00 Mustang Electric bidding price covers all electrical installation for North Omaha Infill Housing Plan I and Plan 2. Mustang Electric is a small and upcoming company that is committed to ensuring that all your electrical needs are taken care of with a satisfactory that you can depend on. Respectively, Darrell Coleman President Poe i0 39Vd DIN10313 9NCISf N IL80GVVZ0b 6I:90 800Z/8I/90 pyi /644/2411-7,___ Tom Gurnon Elkhorn West Construction, Inc. _ • • n • •i'' • a-mud l!=,q(1?.1HH 06117/2008 16:26 4024990995 CHRISTENSEN PAGE 01 CHRISTENSEN DRYWALL CONSTRUCTION, INC. 2941 KEYSTONE DRIVE OMAHA, NE 68134 498-2906 TO: Torn Gurnon FROM: Nancy Sempek DA].'L: 6-17-08 RE: OIC J.nfill Housing Plan l & 2 Following are my bids for the drywall of these homes. Please let me know if there is anything else you need. Thank you, any that is committed to ensuring that all your electrical needs are taken care of with a satisfactory that you can depend on. Respectively, Darrell Coleman President Poe i0 39Vd DIN10313 9NCISf N IL80GVVZ0b 6I:90 800Z/8I/90 pyi /644/2411-7,___ Tom Gurnon Elkhorn West Construction, Inc. _ • • n • •i'' • a-mud l!=,q(1?.1HH 0611.712008 16:26 482496[1995 CHRISTENSEN PAGE u'7 . rug - -�- _ • i Christensen Drywall Construction, Inc. _i 2941 Keystone Dr 1121 1.1 } Omaha, NE 68134 i 498-2906 Fa= 4 li i li PBE with the City of Omaha 1;PnoPOS.LL SUBMITTED TO. oA'� 41 Elkhorn West Construction 6-16-08 i1 '''STREET Joe NAME it rl 2618 N. Main St. Nt rth Omaha Iifi l,.HousingJ. 1 CITY.STATE and ZIP CODE • . . JOB cacAnotr 1; Elkhorn, Ne. 68022 Plan 1 (� lI nRcrtrrED1 PATE ot=P .toe PHONE if We hereby submit specifications and estimates for: • 11 ji D wall labor and material as follows: j) i i i" drywall- all ceilings figured as light hand textured 5/8"- drywall-all garage walls & ceiling-light hand textured jr- - i 8' walls •main 9' garage, 8'6" basement �_ - I Al_ _,f latA o _slams,_coffer*.,_.gt all squarebead throughout ___...� I tirywail wrapped,wlndows� duroc tub,[shomers ,only. ,�,__Y—_____.---_ __—�..._—___.. 1! Basement: laundry walls, stgps� clppgt inLlde &scut only ir ---4below main floor j oist�---_ .� _- —-- �� — _------- —w______--.__-. i No insulation or Z furring channel figured 'in this bid.. 1 II No exterior basement walls figured I This bid is a per house price. - _ Ii11 Ilit IIrtquiSc hereby to furnish material and labor—complete in accordance with above specifications,for the sum of: } Five thousand six hundred fifty & no/100 dollars($ 5,650.00 f '! Payme+x to be made as tottorrs: 1{ i _Wifhin 30 gays. !! } A,macerisi isguaranteed to'be'as specified A!work to be completed in a workma YRre •• j merrier ` aCcortimg to atandarc practices. Any era►ton or cessation from above spec one i b va,krirg exhs coats rriR be execubd only upon wrtitan cedar&and«�beevrne an extra SlgtiskArre -1. il charge aver and°boys the estrumet Ali aQrfeenne corcordzern Won strikes.accidents Note This may Or tg7rlys baYortd our COntrOf.Orrner to wsty Sri;.tornado ate ocher» Ytercatrca Our by us If not within _.__ d �/ ik A workers are flay covered by Workman's Compensation insurance, j�, 1rcPptfhhutt of 4.VFuzeoka.—The afxste prices,specifications • . if and conditions are satisfactory and are ht y accepted. >bti are authorized Signature • it to do the work as specified. Payment will be macte as outlined abc>ro. i Date of Act eptance: . Segnat"`a ,...0:•-fraT ''"'•,,„,..•.•. • .•..,.,,,,,7 1g _ 0N .. 0 .%310LLNO3 h. illi - •. .. Ratv - •...,, ,..... .. . lll ° r Nnr ,, .N., ..... --..........,............. //. . s. , .... ... . C1.3A130ati ,..... ., , „ • __ .. infestation of mold,mildew,microbial growths and any associated mycotoxins in the Premises. Tenant must'properly maintain the Premises to reduce the likelihood of any mold growth or proliferation. The Tenant must keep the Premises clean and immediately fix and abate any leaks or moisture which fosters mold growth,caused by any equipment,plumbing fixtures or other items under its control. The Tenant must report within forty-eight(48)hours the following to the Landlord: a. Any non-working fan,heater,air conditioner or ventilation system; b. Plumbing leaks,drips,sweating pipes,wet spots; c. Overflows from bathroom kitchen,or other facilities,including but not limited to tubs,showers,shower enclosures,toilets,sinks,kitchen appliances or other receptacles of water,especially in cases where the overflow may have permeated walls,floors,ceilings or fixtures; d. Water intrusion of any kind; ' e. Any mold or black or brown spots or moisture on surfaces inside the Premises; f. Broken plumbing systems or standing water near structures; g. Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; h. Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hypersensitivity,to mold growth at the Premises;and i. Any odors consistent with mold growth, the-lund-ther .under. (a) ,Exclusive Use: During the primary term of this agreement and any option or extension periods,Landlord,shall not lease to within Tivoli 5 to another bar or lounge. (t) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms and conditions of this Lease and is not otherwise in default of Lease,Tenant shall have en option to extend the term of this Lease for a period of peven(7)year(s)commencing on January 1.2015 and ending pecember 31,2021. All terms and conditions during the extended term shall remain the same except that Base Rent shall be increased annually Iry twq percent(2%1.Tenant must notify Landlord in writing by June 1.2014 of its intent to exercise this Option,time being of the essence in this regard Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on behalf of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. iN WITNESS WHEREOF,the parties hereto have executed this Lease the day and year fiat above written. • Tivoli 5.LLC.a Nebraska limited liability comnanx S dossaum Emertainnrent,nos..a N brailw rnrnoratutJ LANDLORD TENANT• (� BY: mit- ral1� BY; �(�{\ PRINT/TYPE V PRINTffYPE NAME Jerry M.Musky NAME: Michael P.Boyd ITS: Member ITS: President PRINT/TYPE NAME: John L.Reich iTS: Member • Page 5 of 6 set Islasa woa,.m ermro*.Acodeh.,,t 0ma..by rbanen ngenrr..rt a+r.mna smmnt snrt.esvet073re rme.eac Lead kg 01.31.2007 -un 17 08 01 : 29p fames jones 402-991 -9475 P. 1 • • JONES&DAVIS COMPANY 3415 NORTH 42ND STR. OMAHA NE 68111 402-714-7113 OR 215-5561 FAX:402-9919475 PROPOSAL DATE:JUNE 18,2008 TO: ELKORN WEST CONSTRUCTION THIS PROPOSAL IS FOR THE CLEANING PROJECT FOR THE NORTH OMAHA HOUSING PROJECT PLAN 1 THE LUMP SUM PRICE OF$950.00 IS INCLUSIVE OF MATERIALS AND LABOR FOR THE INSTALLATION OF THE ABOVE-MENTIONED ITEMS AS PER THE SPECIFICATION SET FORTH. EXCLUSIONS:CEILING, WINDOWS, SCRAPPING, CLEANING LIGHTS' PLEASE CONTACT JAMES JONES OR WILLIAM DAVIS REGARDING THIS PROPOSAL AT 714- 7113 OR 215-5561 THANK YOU FOR YOUR CONSIDERATION WILLIAM DAVIS JONES&DAVIS COMPANY ruction, Inc. _ • • n • •i'' • a-mud l!=,q(1?.1HH Jun 17 08 01 : 32p fames jones 402-991 -9475 p. 1 JOINS&!DAVIS CO. CONSTRUCTION PROJECTS-FINAL CLEANUP INCLES EXCLUDES WORK PHASES 1. CLEAN TOILET ROOMS. A. CLEAN AND DISINFECT FLOORS,SINKS COUNTERTOPS, ETC. B. CLEAN MIRRORS. 2. VACCUM FLOORS AND FURNITURE(IF APPLICABLE). 3. VACCUM AND WET WIPE CASEWORK DRAWERS AND SHELVES. 4. WET WIPE HARD SURFACE VERTICAL OR HORIZONTAL SURFACES. 5.CLEAN INTERIOR SIDE OF WINDOWS. 6. CLEAN EXTERIOR SIDE OF WINDOWS. l/- 7. REMOVE STICKERS FROM APPLIANCES,WINDOWS,AND ✓ PLUMMLNG FIXTURES. 8. DUST PAINTED WALLS TO REMOVE DRYWALL DUST. 9. EMPTY AND REMOVE DEBRIS FROM WASTE BASKETS OR DEBRIS CONTAINERS. 10.WASH CERAMIC,VCT,AND SHEET VINYL FLOORING. 11.WAX VCT FLOORING. 12.WIPE DOWN SWITCH PLATES SND RECEPTACLE PLATES. 1/ 13.WIPE DOWN FLUORESENT FIXTURE LENSES. 14. VACCUM HVAC GRILLES AND LOUVERS. 15. WET WIPE DOORS AND FLOOR FRAMES. EXCLUSIONS: REPAIRS,REMOVAL OF CARTONS, DRYWALL CONTRACTOR DEBRIS OR DRYWALL COMPOUND SPILLS,OIL OR LUBRICANT SPILLS,DUMPSTER,LIGHT BULB REPLACEMENT. CLEANING OF WINDOWS ABOVE 12' ELEVATION, CEILINGS OR LIGHT FIXTURES ABOVE 12' ELEVATION,WALLS OR SURFACES ABOVE 12'ELEVATION, CARPET SHAMPOOING. • i I oist�---_ .� _- —-- �� — _------- —w______--.__-. i No insulation or Z furring channel figured 'in this bid.. 1 II No exterior basement walls figured I This bid is a per house price. - _ Ii11 Ilit IIrtquiSc hereby to furnish material and labor—complete in accordance with above specifications,for the sum of: } Five thousand six hundred fifty & no/100 dollars($ 5,650.00 f '! Payme+x to be made as tottorrs: 1{ i _Wifhin 30 gays. !! } A,macerisi isguaranteed to'be'as specified A!work to be completed in a workma YRre •• j merrier ` aCcortimg to atandarc practices. Any era►ton or cessation from above spec one i b va,krirg exhs coats rriR be execubd only upon wrtitan cedar&and«�beevrne an extra SlgtiskArre -1. il charge aver and°boys the estrumet Ali aQrfeenne corcordzern Won strikes.accidents Note This may Or tg7rlys baYortd our COntrOf.Orrner to wsty Sri;.tornado ate ocher» Ytercatrca Our by us If not within _.__ d �/ ik A workers are flay covered by Workman's Compensation insurance, j�, 1rcPptfhhutt of 4.VFuzeoka.—The afxste prices,specifications • . if and conditions are satisfactory and are ht y accepted. >bti are authorized Signature • it to do the work as specified. Payment will be macte as outlined abc>ro. i Date of Act eptance: . Segnat"`a ,...0:•-fraT ''"'•,,„,..•.•. • .•..,.,,,,,7 1g _ 0N .. 0 .%310LLNO3 h. illi - •. .. Ratv - •...,, ,..... .. . lll ° r Nnr ,, .N., ..... --..........,............. //. . s. , .... ... . C1.3A130ati ,..... ., , „ • __ .. infestation of mold,mildew,microbial growths and any associated mycotoxins in the Premises. Tenant must'properly maintain the Premises to reduce the likelihood of any mold growth or proliferation. The Tenant must keep the Premises clean and immediately fix and abate any leaks or moisture which fosters mold growth,caused by any equipment,plumbing fixtures or other items under its control. The Tenant must report within forty-eight(48)hours the following to the Landlord: a. Any non-working fan,heater,air conditioner or ventilation system; b. Plumbing leaks,drips,sweating pipes,wet spots; c. Overflows from bathroom kitchen,or other facilities,including but not limited to tubs,showers,shower enclosures,toilets,sinks,kitchen appliances or other receptacles of water,especially in cases where the overflow may have permeated walls,floors,ceilings or fixtures; d. Water intrusion of any kind; ' e. Any mold or black or brown spots or moisture on surfaces inside the Premises; f. Broken plumbing systems or standing water near structures; g. Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; h. Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hypersensitivity,to mold growth at the Premises;and i. Any odors consistent with mold growth, the-lund-ther .under. (a) ,Exclusive Use: During the primary term of this agreement and any option or extension periods,Landlord,shall not lease to within Tivoli 5 to another bar or lounge. (t) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms and conditions of this Lease and is not otherwise in default of Lease,Tenant shall have en option to extend the term of this Lease for a period of peven(7)year(s)commencing on January 1.2015 and ending pecember 31,2021. All terms and conditions during the extended term shall remain the same except that Base Rent shall be increased annually Iry twq percent(2%1.Tenant must notify Landlord in writing by June 1.2014 of its intent to exercise this Option,time being of the essence in this regard Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on behalf of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. iN WITNESS WHEREOF,the parties hereto have executed this Lease the day and year fiat above written. • Tivoli 5.LLC.a Nebraska limited liability comnanx S dossaum Emertainnrent,nos..a N brailw rnrnoratutJ LANDLORD TENANT• (� BY: mit- ral1� BY; �(�{\ PRINT/TYPE V PRINTffYPE NAME Jerry M.Musky NAME: Michael P.Boyd ITS: Member ITS: President PRINT/TYPE NAME: John L.Reich iTS: Member • Page 5 of 6 set Islasa woa,.m ermro*.Acodeh.,,t 0ma..by rbanen ngenrr..rt a+r.mna smmnt snrt.esvet073re rme.eac Lead kg 01.31.2007 MEMORY TRANSMISSION REPORT TIME :06-18-'08 13:39 TEL NO.1 :4023159415 NAME :ELKHORN WEST CONST FILE NO. : 922 DATE : 06, 18 13:37 TO :T54445263 DOCUMENT PAGES 9 START TIME : 06.18 13:37 END TIME : 06,18 13:39 PAGES SENT ' 9 STATUS : OK TX ORIGINAL it 1_ ELKH CZ,R[V WEST _ICON�TRUC T""I �► Ync. 261814 Main Strcct Omaha.NE 68022 F2EIL31( over S1meet GATE: /��f 7/Z, TIME:OB 7 PROM: ' Tom Gumon PHONE: 402-315-9557 EThchom West Construction, Inc. FAX: 402-315-9415 Job# Number of pancpes including cove r',heart: `7' Message: a 'T�_e 1 a' - A/7" /_i X o,5-a 2 C -1 Z-"Y OF O/14 A/51•4 //VCl � / P34 x �/7 ,aAs Z c s57oAV /t/O �C PE S -2 i s P c'! " q , L /45 A/0 7`. • Tom Guxrieri f 1f�����✓// Ellcorn.West Coristructiorr, Inc. AIRS,REMOVAL OF CARTONS, DRYWALL CONTRACTOR DEBRIS OR DRYWALL COMPOUND SPILLS,OIL OR LUBRICANT SPILLS,DUMPSTER,LIGHT BULB REPLACEMENT. CLEANING OF WINDOWS ABOVE 12' ELEVATION, CEILINGS OR LIGHT FIXTURES ABOVE 12' ELEVATION,WALLS OR SURFACES ABOVE 12'ELEVATION, CARPET SHAMPOOING. • i I oist�---_ .� _- —-- �� — _------- —w______--.__-. i No insulation or Z furring channel figured 'in this bid.. 1 II No exterior basement walls figured I This bid is a per house price. - _ Ii11 Ilit IIrtquiSc hereby to furnish material and labor—complete in accordance with above specifications,for the sum of: } Five thousand six hundred fifty & no/100 dollars($ 5,650.00 f '! Payme+x to be made as tottorrs: 1{ i _Wifhin 30 gays. !! } A,macerisi isguaranteed to'be'as specified A!work to be completed in a workma YRre •• j merrier ` aCcortimg to atandarc practices. Any era►ton or cessation from above spec one i b va,krirg exhs coats rriR be execubd only upon wrtitan cedar&and«�beevrne an extra SlgtiskArre -1. il charge aver and°boys the estrumet Ali aQrfeenne corcordzern Won strikes.accidents Note This may Or tg7rlys baYortd our COntrOf.Orrner to wsty Sri;.tornado ate ocher» Ytercatrca Our by us If not within _.__ d �/ ik A workers are flay covered by Workman's Compensation insurance, j�, 1rcPptfhhutt of 4.VFuzeoka.—The afxste prices,specifications • . if and conditions are satisfactory and are ht y accepted. >bti are authorized Signature • it to do the work as specified. Payment will be macte as outlined abc>ro. i Date of Act eptance: . Segnat"`a ,...0:•-fraT ''"'•,,„,..•.•. • .•..,.,,,,,7 1g _ 0N .. 0 .%310LLNO3 h. illi - •. .. Ratv - •...,, ,..... .. . lll ° r Nnr ,, .N., ..... --..........,............. //. . s. , .... ... . C1.3A130ati ,..... ., , „ • __ .. infestation of mold,mildew,microbial growths and any associated mycotoxins in the Premises. Tenant must'properly maintain the Premises to reduce the likelihood of any mold growth or proliferation. The Tenant must keep the Premises clean and immediately fix and abate any leaks or moisture which fosters mold growth,caused by any equipment,plumbing fixtures or other items under its control. The Tenant must report within forty-eight(48)hours the following to the Landlord: a. Any non-working fan,heater,air conditioner or ventilation system; b. Plumbing leaks,drips,sweating pipes,wet spots; c. Overflows from bathroom kitchen,or other facilities,including but not limited to tubs,showers,shower enclosures,toilets,sinks,kitchen appliances or other receptacles of water,especially in cases where the overflow may have permeated walls,floors,ceilings or fixtures; d. Water intrusion of any kind; ' e. Any mold or black or brown spots or moisture on surfaces inside the Premises; f. Broken plumbing systems or standing water near structures; g. Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; h. Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hypersensitivity,to mold growth at the Premises;and i. Any odors consistent with mold growth, the-lund-ther .under. (a) ,Exclusive Use: During the primary term of this agreement and any option or extension periods,Landlord,shall not lease to within Tivoli 5 to another bar or lounge. (t) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms and conditions of this Lease and is not otherwise in default of Lease,Tenant shall have en option to extend the term of this Lease for a period of peven(7)year(s)commencing on January 1.2015 and ending pecember 31,2021. All terms and conditions during the extended term shall remain the same except that Base Rent shall be increased annually Iry twq percent(2%1.Tenant must notify Landlord in writing by June 1.2014 of its intent to exercise this Option,time being of the essence in this regard Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on behalf of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. iN WITNESS WHEREOF,the parties hereto have executed this Lease the day and year fiat above written. • Tivoli 5.LLC.a Nebraska limited liability comnanx S dossaum Emertainnrent,nos..a N brailw rnrnoratutJ LANDLORD TENANT• (� BY: mit- ral1� BY; �(�{\ PRINT/TYPE V PRINTffYPE NAME Jerry M.Musky NAME: Michael P.Boyd ITS: Member ITS: President PRINT/TYPE NAME: John L.Reich iTS: Member • Page 5 of 6 set Islasa woa,.m ermro*.Acodeh.,,t 0ma..by rbanen ngenrr..rt a+r.mna smmnt snrt.esvet073re rme.eac Lead kg 01.31.2007 Ch nAD () CJq C4 C O , C \• 14A O O CJ '� - `•~ N 1 O54 p 0 .1 2 2 ° ri) O 4 'Cq• ,-+ CCD C� CCDD V '�b P cg' g H 0 - p ° -4, n 00 cn Ca. :°. _ O = a- • 0 LATION OF THE ABOVE-MENTIONED ITEMS AS PER THE SPECIFICATION SET FORTH. EXCLUSIONS:CEILING, WINDOWS, SCRAPPING, CLEANING LIGHTS' PLEASE CONTACT JAMES JONES OR WILLIAM DAVIS REGARDING THIS PROPOSAL AT 714- 7113 OR 215-5561 THANK YOU FOR YOUR CONSIDERATION WILLIAM DAVIS JONES&DAVIS COMPANY ruction, Inc. _ • • n • •i'' • a-mud l!=,q(1?.1HH Page l of 1 Brown, Buster(CCIk) From: Tom Gumon [tom@elkhornwest.com] Sent: Friday,July 11, 2008 2:38 PM To: Weaver,Warren (CCou); Miller, Dean (CCou) Cc: Brown, Buster(CCIk);Thompson, Franklin (CCou) Subject: RE: OPW 51520 Cancel Appeal Importance: High Warren Weaver, We at Elkhorn West no longer want to appeal OPW 51520-OIC Neighborhood Infill Housing-Phase 1.Thank you for meeting with Dean, Gale, Kathy, Maria and me yesterday. I understand the process a little better now. I am regretfully pulling my appeal of OPW 51520. I do not feel I was totally at fault, but I understand your situation,the City's responsibility, employee's responsibility, liability and the process better. I will do my best to follow guidelines on the rebid. Please confirm you or your staff received this e-mail and if there is anything else we need to do. Tom Gurnon, President Elkhorn West Construction, Inc. • 2618 N.Main St., Elkhorn, NE 68022 e-mail;tom@elkhornwest.com Phone;402.315.9557 Fax;402.315.9415 • No virus found in this incoming message. Checked by AVG. Version: 8.0.134/Virus Database:270.4.3/1528-Release Date: 7/1/2008 7:26 AM • 7/11/2008 ABOVE 12' ELEVATION, CEILINGS OR LIGHT FIXTURES ABOVE 12' ELEVATION,WALLS OR SURFACES ABOVE 12'ELEVATION, CARPET SHAMPOOING. • i I oist�---_ .� _- —-- �� — _------- —w______--.__-. i No insulation or Z furring channel figured 'in this bid.. 1 II No exterior basement walls figured I This bid is a per house price. - _ Ii11 Ilit IIrtquiSc hereby to furnish material and labor—complete in accordance with above specifications,for the sum of: } Five thousand six hundred fifty & no/100 dollars($ 5,650.00 f '! Payme+x to be made as tottorrs: 1{ i _Wifhin 30 gays. !! } A,macerisi isguaranteed to'be'as specified A!work to be completed in a workma YRre •• j merrier ` aCcortimg to atandarc practices. Any era►ton or cessation from above spec one i b va,krirg exhs coats rriR be execubd only upon wrtitan cedar&and«�beevrne an extra SlgtiskArre -1. il charge aver and°boys the estrumet Ali aQrfeenne corcordzern Won strikes.accidents Note This may Or tg7rlys baYortd our COntrOf.Orrner to wsty Sri;.tornado ate ocher» Ytercatrca Our by us If not within _.__ d �/ ik A workers are flay covered by Workman's Compensation insurance, j�, 1rcPptfhhutt of 4.VFuzeoka.—The afxste prices,specifications • . if and conditions are satisfactory and are ht y accepted. >bti are authorized Signature • it to do the work as specified. Payment will be macte as outlined abc>ro. i Date of Act eptance: . Segnat"`a ,...0:•-fraT ''"'•,,„,..•.•. • .•..,.,,,,,7 1g _ 0N .. 0 .%310LLNO3 h. illi - •. .. Ratv - •...,, ,..... .. . lll ° r Nnr ,, .N., ..... --..........,............. //. . s. , .... ... . C1.3A130ati ,..... ., , „ • __ .. infestation of mold,mildew,microbial growths and any associated mycotoxins in the Premises. Tenant must'properly maintain the Premises to reduce the likelihood of any mold growth or proliferation. The Tenant must keep the Premises clean and immediately fix and abate any leaks or moisture which fosters mold growth,caused by any equipment,plumbing fixtures or other items under its control. The Tenant must report within forty-eight(48)hours the following to the Landlord: a. Any non-working fan,heater,air conditioner or ventilation system; b. Plumbing leaks,drips,sweating pipes,wet spots; c. Overflows from bathroom kitchen,or other facilities,including but not limited to tubs,showers,shower enclosures,toilets,sinks,kitchen appliances or other receptacles of water,especially in cases where the overflow may have permeated walls,floors,ceilings or fixtures; d. Water intrusion of any kind; ' e. Any mold or black or brown spots or moisture on surfaces inside the Premises; f. Broken plumbing systems or standing water near structures; g. Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; h. Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hypersensitivity,to mold growth at the Premises;and i. Any odors consistent with mold growth, the-lund-ther .under. (a) ,Exclusive Use: During the primary term of this agreement and any option or extension periods,Landlord,shall not lease to within Tivoli 5 to another bar or lounge. (t) Option to Extend Term at Predetermined Rate:Provided that Tenant has complied with all the terms and conditions of this Lease and is not otherwise in default of Lease,Tenant shall have en option to extend the term of this Lease for a period of peven(7)year(s)commencing on January 1.2015 and ending pecember 31,2021. All terms and conditions during the extended term shall remain the same except that Base Rent shall be increased annually Iry twq percent(2%1.Tenant must notify Landlord in writing by June 1.2014 of its intent to exercise this Option,time being of the essence in this regard Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on behalf of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. iN WITNESS WHEREOF,the parties hereto have executed this Lease the day and year fiat above written. • Tivoli 5.LLC.a Nebraska limited liability comnanx S dossaum Emertainnrent,nos..a N brailw rnrnoratutJ LANDLORD TENANT• (� BY: mit- ral1� BY; �(�{\ PRINT/TYPE V PRINTffYPE NAME Jerry M.Musky NAME: Michael P.Boyd ITS: Member ITS: President PRINT/TYPE NAME: John L.Reich iTS: Member • Page 5 of 6 set Islasa woa,.m ermro*.Acodeh.,,t 0ma..by rbanen ngenrr..rt a+r.mna smmnt snrt.esvet073re rme.eac Lead kg 01.31.2007 , ..� 'b LA to n 0 - K ; : P N 0 CD NO 0 rrl N v C. g CD C �, 0s c NO ¢ tr1 co 'd C W O O C7 (').0 cp 4. 00 n •-• Cp cA, 0 • M F„ 2 5 � \ ,th -,-. P 0 �-. .i 0 - cn O f . 0 LATION OF THE ABOVE-MENTIONED ITEMS AS PER THE SPECIFICATION SET FORTH. EXCLUSIONS:CEILING, WINDOWS, SCRAPPING, CLEANING LIGHTS' PLEASE CONTACT JAMES JONES OR WILLIAM DAVIS REGARDING THIS PROPOSAL AT 714- 7113 OR 215-5561 THANK YOU FOR YOUR CONSIDERATION WILLIAM DAVIS JONES&DAVIS COMPANY ruction, Inc. _ • • n • •i'' • a-mud l!=,q(1?.1HH