Loading...
RES 2018-0300 - Agmt with Nustyle Development Corporation for public street improvements on Leavenworth St for Breakers apartments development r `� s� Public Works Department T`: ,a rC; `a' , ,,, , t c n 25 Omaha/Douglas Civic Center z ``itifC' « r ; l 1 1 �®,1�11 11:41; =� March 27, 2018 t+ >'' ' °� 1819 Farnam Street,Suite 601 o' ?, Omaha,Nebraska t,68183-0601 �0oq - 4ro CITY (402)444-5220 aria FSBR°t C l �� ERii Fax(402)444-5248 City of Omaha !�'-tt �° ' ''' '` ���,,�' Robert G.Stubbe,P.E. Jean Stothert,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving an Agreement with NuStyle Development Corporation for street improvement work conducted as a part of the The Breakers development, located on Leavenworth Street at its terminus east of 6th Street, and known as OPW 52995, in conjunction with Capital Improvements Program No. 1982T506. The scope of services is included in the Agreement, and includes the improvement of a portion of Leavenworth Street, as was approved through the Public Works Department. As a part of the planned development of the property now known as The Breakers Apartments, NuStyle Development improved all of its access roads including Leavenworth Street to approximately 6th Street. This cost share by the Department provided for the improvement of the connection of the last block from the development to 7th Street, which serves as the collector street for this area. The Public Works Department has agreed to contribute to this project an amount not to exceed $100,000.00, which will be paid from the 2014 Transportation Bond Fund 13184, 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: F-2-a - r,-----bilt,..._417s-.17 y_ i z__,L r obert G. Stubbe, P.E. Date Mayor's Office Date Public Works Director Approved as to Funding: / r� 4 / fx Stephe B. Curtiss ate Finance Director -9p 3134htp • C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, NuStyle Development Corporation has provided various infrastructure improvements to its property known as The Breakers Apartments, located on Leavenworth Street at its terminus east of 6th Street; and, WHEREAS, in addition to the approved paving and street improvements, known as OPW 52995, which were contemplated as a part of the approved redevelopment plan, NuStyle Development Corporation has also constructed improvements to Leavenworth Street from approximately 6th Street to 7th Street,furthering the street resurfacing efforts of the City of Omaha Public Works Department; and, WHEREAS, the Public Works Department and NuStyle Development Corporation desire to collaborate in the cost of this street improvement, according to the scope and responsibilities defined in the attached Agreement, which by this reference becomes part hereof; and, WHEREAS, in conjunction with Capital Improvements Program Project No. 1982T502, the Public Works Department will contribute to these public street improvements an amount not to exceed $100,000.00, which will be paid from the 2014 Transportation Fund 13184, 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 public street improvements constructed in conjunction with and Capital Improvements Program Project No. 1982T502 and OPW 52995, being the Leavenworth Street Improvements at The Breakers Apartments, located along Leavenworth Street between approximately 6th Street and 7th Street, is hereby approved. BE IT FURTHER RESOLVED: THAT,the Finance Department is authorized to pay an amount not to exceed $100,000.00 from the 2014 Transportation Fund 13184, Organization 117117. 3133htp APPROVED AS TO FORM: 3 'r , 2_C.ITY ATTORNEY DATE By 3e'\ Gtrecui . ouncilmember Adopted... .a c.� City erk Approved //Al —V" +LEA Mayor AGREEMENT OPW 52995 -The Breakers Leavenworth Improvements This Agreement, made• thisZcjtay of k.a%-oL2018 by and between NuStyle Development Corporation (hereinafter referred to as "DEVELOPER"), 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 "A"(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 an invoice showing the public improvements installed for OPW 52995, being The Breakers Leavenworth Improvements Project; street work, lights, sewer and design costs (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 $100,000.00. 6. Binding Effect. This Agreement shall be binding upon the parties, their respective successors, and assigns. 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. 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 terms 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. 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; (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. ATTEST: CITY OF OMAHA CITY L OF THE CITY OF OMAHA MAYOR APPROVED AS TO FORM: DEVELOPER: OPW 52995 MET,PD,ST THE BREAKERS LEAVENWORTH IMPROVEMENTS mum OMAHA, NEBRASKA ■ A ��1INV lausfElfrimiallareuilliirterilimirallinalllimilmiLl\Palli';'li APPROXIMATE OUANTfIIES d1hu4i.1u1II I� ����®�® 6 N ITEM APPROX. FINAL ." '��.1MINIM ` STEM DESCRIPTION 1. PROVIDE TEMPORARY TRAFFIC CONTROL 3 LS LS .■�. ■ 2. CLEARING AND GRUBBING-GENERAL 1 LS LS 3. CLEARING AND GRUBBING TREES OVER 9'TO 1B'OIAMETER SE EA EA "�� ' ' �� A. SAW CUT.FULL DEPTH 308 l[ Lf I 5. REMOVE SIDEWALK ],596 SF SF •■�'�, ..0 6. REMOVE PAVEMENT 2,980 Sx SY LF IS •'iIPitiiiiiIiiI EA CURB EA CA .MARKING LINES22F EF 1.� 13. REMOVE ANDRWRR STATUS AND POST 2 EA EA I N �� ® �� 1<. FIELD VERIFY SEWER STATUS 2 EA EA ///��� CONSTRUCT CURB INLET•TYPE 1 < EA EA - 16. CONSTRUCT SC I.O.STORM MANHOLE 1 EA EA LOCA71ON MAP Z CONSTRUCT IS'RCP,CLASS III T1 Li IS 18. CONSTRUCT IS.RCP,CLASS III WITH PIPE COUPLERS 12 Li I.E© nOrtcTvwaRWnox 19. CONSTRUCT 15"PIPE BEDDING 88 LF LT 20. CONSTRUCT IC STORM SEWER TAP 2 EA EA O,A0,529A5 NI^ INDEX OF SHEETS . , 21. CONS I RUCL IS.CONCRETE COLLAR a EA EA nesa Amu.vuan.. w.Pas:.ian....mn..a ..e.ea ua.a cur um nsuaemwm.wr THE BREAKERS LEAVENWORTH proROVEKN:S IL INSTALL INLET PROTECTION A EA FA ..e.n.. NNW:W I Sheol List Table 23. GENERAL GRADING AND SHAPING 1 LS ESLEAVENWORTH u >� A. ADIVST MANHOLE TO GRADE 1S EA EA •®- Rn c.n uaw •Na t CP.58611 25. INSTALL EXTERNAL FRAME SEAL A EA EA ___26. AOLUST UTILITY VALVE TO GRAD[ 3 EAEn ��^���PquFCTaivallpla.maw+.i.�•.�.+.�.e.n..a mm.a.aao.a.o..nnw ;^COR,ROL PORTS 27. DRILL AND GROUT TIE BARS S2 U SA VS. CONSTRUCT TT INCH CONCRETE PAVEMENT 2,232 SY SY a.wlca`Cq.n.aw.mr.nASS. .LEAASSwndCr 7 AS. CONSTRUCT 6-MEN PCCSIDEWALK 5,656 SF 5F MOTES ONA ORALS-5888,7 OE P 30. CONSTRUCT 6INCH IMDRMIED PCC SURFACING 58 SF SF tra, w.yw.meal Non IA., mow' - 31. CONSTRUCT PCC MOW STRIP 1,229 SF S[ mniOceen 118.888.FUN -1 81r018118WCR il./.MO MO 1, 32. CONSTRUCT CURB RAMP 272 SF SF RAMC RN.MO MOW. 33. CONSTRUCT UCLECIANLE WARM!.PANEL M SF SF ' ""Mm I ou 34. CONSTRUCT SEGMENTAL BLOCK WALL AAO SF SF -I _ 35. 5'SOLID WIIIIE PAVEMENT MARKING 125 EF LF 1 500E OLYKROHT- 36. PREFORMED PAVEMENT MARKING TAPE SYMBOL•WHITE DIRECTIONAL ARROW 2 EA EA ' i8.888.888.." 37. INSTALL TRAFFIC POSTS AND SIGNS 1 U FA APPLRART DEPPALR 1 cRo,,. P.I TB. CONDITION PLANTING AREAS-COMPOST ETA CY CY AA,. 1 39. INSTALL DECIDUOUS TREE STATE STREET MAPLE 4 EA EA AD 40. INSTALL DECIDUOUS TREE'BLACK MAPLE 5 EA EANo 5T'D51m K;4 1 41. INSTALL DECIDUOUS TREE.CRIMSON SPIRE OAK 24 EA EA ocapwonu'al NA ovvetuuc<E. 4 42. INSTALL FLOWERING TREE-'AUTUMN BRILLIANCE'SERVICEBERRY 13 EA EA 0 nA<Ta Q 02-22-12,ARJ.RINSED OIIANT8. 1 43. INSTALL ORNAMENTAL GRASSES-.SHENANDOAH'SNITCH GRASS 57 EA EA S.WENI5py M 1 INSTALL500•TURF-TYPE FESCUE ROLLED SODSE A50 SF SiSf 1411101 O ©05-08-12.AR,REVISED OUANTIIIES ONAIA ET 45. INSTALL MULCH•HARDWOOD MULCH 34 CY CY U Z 56. CONSTRUCT IS'HORIZONTAL BEND 1 U EA NATSAT..occn 42. REMOVE DRIVEWAY 3 SY SY E 48. CONSTRUCT Y CONCRETE DRIVEWAY 3 SY Sx j 49. CONSTRUCT-TYPE"A"INLETS 2 U EA `S nPli , 1 !AMP RY N E o RI c O N 14710h Vilest Dodge Road; Suite 100 402.496.2498 ; P 'CIF% ea.awa. '5:5;.� 1 Omah . Ndaska 68154-2027 402.496.2730 ± F Know what's below. a r'? �- Call be(or�oD dig. o www.LRA-Ine.com 8 o b t' @9 q b'A 41A 3R i q .IAAW� P€ P R 4,9R it. .a`F€y b't }F IF: i IA 4 {F 34 3 R€ i i e qpp@ 9 8 't 33. gA ! W �t^6E' it 0 Ail 5 50? „qF A4 5abq 0.. APe F. ilE IA i'l ^ WI:- apep j �b14 qq331 ttray ;NA f4R1p F F $g 4 E4 b4 ! 9 g '" i4 k4 1 q1s,4RRq �.� 3fn 6 � F € 4 t' A. s e AV.gb `s F p UI '' hAppq3 �cR 4 P l !!1 aj - Wxq RL, Fa I9t-R S ] s PPP ®! 2^AFlRR T .a S e `�a a 4 aka ci " ° S a q I a€ a ,2i'99..- gR ia� € $ P a 4 !d v' 2 E9 "d_� °- i, � -• € RaA gG qqp A �q R R. AaR c g � R+- _ a R s s Q€ b � •6 XFE " F 55 4 Aa ¢" a RR t`A' sq� ? SRp a : Q- pp $ 18 Ab . NO i' Riq�} aas { n3' E 4' yy F 4 tl yq� $" SA' yA !$ 0 F7 bigA 1:: b% = 1� s_ 3$F `$ R : RvE �� R 3 ;" A R� s I y lip 2 2 s' � x` i � 4a�4 'ill sa q €@ kbq ��, �b��y I �°� pq � >':R $�€E .t�A$ � ji; b mR ts- AA 5� 5 � [ 5 a v p5 8 ::R..3R Ng:S 4 79^ R ;: :` g^5 y!1 ayq gl ii Opp' jjii i 1 !� i A� R �]1 E 4I �T t [ E i�gg � J Rg ? iSQiFFF m i4[ I3S gq y 111111111 py gRE c a§ dea9C CAy• pERaF� yaaER Qcy$cy^S� �@ x$ �r� dj'� F�xi �`p $$ G€ £ ] ,6§ $B 8 g e .,. 4 ft . 1;KP ). ig §@ i Ai A4 ;1 1 {EE y �q E ! d 7 Y"'e- S pCE b A eA R RRR R4 4 4 7 !i 8'bi y , F 9 i ma's qtl ! fl!o • :1 C b AR A �i � t pd � t R S6kR9AB3A RiA 49 4 9 �i g` g! q2 � $Q 3 F Y¢ it H I' , p R q 4 4q 7 ' 1!•1 I l' Q4 - (RQ di F b �£E ¢j'L 4. A [l ? A {'�R$ € All OP ' 5 f! A 7 ".1 g' i [ R4'${a g a A R e R ^'-yd R41�4 RR Ra 31� qa.s 1, !RA i ;n 199P, x 41 3z k B b� 1 $4§ is gq" R i$ : 11 g xi IP ER & FOOA A ; di 48; b ' i R€ ; $ ( ' ' I ¢ F F F $ 4�' x R R " q V ;d € R t g A ;A A f € q F € 6 g#g g g& 4 3 A $A r A 6 2 A 2 g A' A T : • . Oqg !qC ^$_ Abll U 5 ; . RY w' @ 6 I RI R Xg RI' 40 3g 'a 4 n 9 zte:: a 1 $ o - p &iS$AArf a Fp A' y b A ' qFF p[r ]q4 dS f[ i- q b qtj 4 1"s p{ ffl !. N a 4 9 F b sfi G ; 3 F i :.dotes g ♦! b �F{ f p F3 �S E '�n- '`� 2 i � �5 gg p � Y♦� ��� @@ � ��� R E � 1$ h pp {� P g (S q � ? grl Rx x[' iq a a qR i ey 9 R 5 ", 4 EG HF$ 9.k R G F,g ,p� a b E C 1 $ : ie SAA 3 R R _ d Ri 5 p R Re s a I •R 4i B 6 a 'Alx9 i i b ' d 0sa: R 'i i F g ; i� ' 1 b R A '- @t x At g 6 gif1" 0, q i'3EaR�c . liplik� RE [ ,a $ 3X@ �gim . e ° , ' q - $A A R 3i ' 1 ; 6 i 88 qF R �C p 5' ' d b$ A RA 4e o€ ypiI A' ; g dd "s s $y8@ n$ 11 t$ i4 q " q # .F EE q " 4FAd R¢qi e, i ' poftb4 ; yt tq $ " , €3is; p , ; a1F it 4€ _ ( - E e b R4' 9 ' q e5 1 ' lR pp ' � y5'% A a$ R b 31 A R € R $ Q Ogl po ] 3 3 C° a R R A R as 5 i 0 n i 5 {" 3g A.AVt ;4 R 4 ! q ay R ; x E4 € 'x R� 8 s R ' R b @eq 1 P' s i�aRi¢ s ) g e Ag REgRasRA11 ua8 Al ! ?0 Ab 4R 9 1971 !g I §i ,2§ is �@6E9 4 i 1 I II r a Ai R ` b ! q p is $ i, .F a_ ; r,t9.1 '4 s g 'R 71 �. e R 85' R R sF A € @ @ R a5 $c5c . 0 2Q �a1 ,eao �4 ; y� 69RR 1! ' i i i ili 6 ; S S A i A. Aq f $ a fM1 PP 41i �2 ! n # n 9 q A' b 1 . " Q � t %]J 5 /, FF ,� F# ¢ ! gF ggf4 1 a ; Rg G q gg 4 .01 ,b t A i I4 o d 1 R R € AIR $ 6R 0A a x b A $y & QR RF ei y(b`� 7 3a oEa 1e 1 R, Aa� t5' c S i d ! ] � 3 P W. 4` 5 q RF 1 F q 7 ,f ° �' u FPE y ? 4 CC� q E t3. Z'R 5 L q R� gR °. 8 5 Q P € R ,,. •,tfgg ' E 3 89 b a 5 4 3 l£ R p I F A"OA $ R ga 4i. ' 8 @ 0R Y. , f s 9s at igl RG + 3 c 1 8 7 i £ a F S i i QR � E Ri ?4 q } 3 3 NI e 9 '] 1` 4 € e` i R 0 1 Sa n 'F •`r�'yP;;yr.' i a ..^.nge,vortl��,ir , .:7drp-"i.. oa„ ,._..�.. ,, ,CLAMP RYNEARSON4,; :',��,:.,,.:,';T:.,I,, _. .,._, '�-»_„.,-;=:, — - r "',:.:..:'e NOTES AND DETAILS A ''O A ""`�.roh,_m'� _ = i_a '• SHEET 1 0r 2 , ,^ 4•§ THE BREAKERS LEAVENWORTH IMPROVEMENTS \ rmm.Q•' OMAHA, NEBRASKA :„_„..,......_,....___,„„,.....,,,.......................... r , 't if iir 81 ' 4. 98 9r4 i, / x t6 41f I: .; P 0 '1 Irg " . : a .,., I . q I,R 5 g ?5 R. NMI 1", 9 / 1 I 89 § '.:; 14 q 6 lilt- IR g 1p - 4 4 p II1 d 1 i .I 0 , 10 .6‘, !, ____I d W A ', 6 66. ; 6 . i I We '-- ' , iq 1, .. siti il + - 5 6 • q 0 v,.. 452p1 Pa a !I eo lq hia I 1 I . ar g t ' • .; $.s..s „, riiiiilis. • • ,I W Fq - k x iCip 11 4 ligi L 6 -a, r 1 : 51 r14:= ° %II 46 p *.- 5',; I i 1 1 l' . . 0 ,--,e4 he0 71 4 I .. oplaA,1 I 4il!T;1A IOW [ , •, , ::_,N,i ., ' tr• ,-.ss:....s ;; • %,;:.\'';-...,',' •i NOTES AND DETAILS A S S 0 CA SHEET 2 OF 2 15iii LAMP RYNEARSON=;:?:,zo.z:z.='" N 1 I. 1: THE BREAKERS LEAVENWORTH IMPROVEMENTS OMAHA, NEBRASKA lec;.'.1g.2r3 1 r' n.c A,c• -i.e A 0, LO. CET.vr,E, .-20-16 ,..5,1..e,....y.a NuStyle Development Invoice 514 Walker St Date Invoice# Woodbine,IA 51579 — I I/30/2017 1414 Bill To City of Omaha-Public Works 1819 Parnant Street Omaha,NE 68183 P.O.No. Terms Project Quantity Description Rate Amount I Leavenworth Street Scope Project 100.000.00 100,000.00 *See excel sheet for breakdown. Total $100.000.00 Leavenworth StreetScape Costs Estimated Costs Nustyle Contribution Subs/vendors City Cost Estimated Actual Costs City Costs Fencing along OPPD $ 16,000.00 S&W,Tommy Gate,PVS $ 15,739.34 landscaping along both sides $ 9,600.00 Mulhalls $ 10,891.77 utility work $ 4,500.00_ Heimes $ 4,500.00 Grit Station Underground work $ 7,200.00 Heimes $ - *MCCI paid Heimes for the Grit Station Street contract $ 185,000.00 MCCI $ 275,490.00 Undeground Work Lamp Rynerson and site observation $ 31,000.00 LAMP $ 34,773.66 Bond $ 2,000.00 $ 6,475.00 Total $ 255,300.00 $ 247,869.77 $ 100,000.00 $ 347,869.77 $ 100,000.00 EXHIBIT "C" 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 deemed 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 uses 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 information 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 (!) 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. (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. NO. 5b0 Item Submitted By: Heather Tippey Pierce Department: Public Works • Council Meeting Date: March 27, 2018 Res. that, as recommended by the Mayor, the Agreement with NuStyle Development Corporation in an amount not to exceed $100,000.00 for public street improvements of a portion of Leavenworth Street for the Breakers Apartments planned development is hereby approved. (This is in conjunction with Capital Improvements Program Project No. 1982T502 and OPW 52995. The Finance Department is authorized to pay an amount not to exceed $100,000.00 from the 2014 Transportation Fund 13184, Organization 117117.) 4.11. • Presented to City Council March 27, 2018 APPROVED 7-0 6ltzabeth I3irtler City Clerk