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RES 2012-1656 - Agmt with Ehrhart Griffin & Associates for Turner Blvd Trail extension 1{� 0�ptAAHA,^'Ae Parks,Recreation & `, �� '�L.- �J �.� , lam. 7� Public Property Department ��•• �� '� Omaha/Douglas Civic Center •2 40"/f(i1 . r t p t t y n®. ,;.rJ ':ply =, 12 DEC C 1 0 f 1 ' 17 1819 Famam Street,Suite 701 Omaha,Nebraska 68183-0701 �AOR 4yro • • (402)444-5900 44D FEBR`}' CITY CLERK FAX(402)444-4921 City of Omaha OMaHA, I' EB ASKA Jim Suttle,Mayor December 18, 2012 Honorable President and Members of the City Council, Attached for your consideration is a Resolution that approves a Professional Services Agreement between the City of Omaha and Ehrhart Griffin & Associates, in the total amount of$45,710.00, to provide professional design and engineering services to prepare plans and specifications for the extension of the Turner Boulevard Trail, from the north side of Dodge Street to Cuming Street and to make improvements to the sidewalks and bike lanes on Burt Street and Mike Fahey Street from North 30t Street to North 16th Street, for the Parks, Recreation & Public Property Depai liuent. The Papio-Missouri River Natural Resources District (NRD) will reimburse the City up to $50,000.00 per an inter-local agreement for this work. Ehrhart Griffin & Associates has on file a current Annual Contract Compliance Report form (CC-1). As is City Policy, the Human Rights & Relations Director will review the contractor to ensure compliance with the Contract Compliance Ordinance. Finance Department is authorized to pay the Funds to Ehrhart Griffin & Associates, in the total amount of $45,710.00, from the 2010 Parks and Recreation Bond Fund No. 13355 and Organization No. 117317, Parks and Cultures Bond. The Parks, Recreation, and Public Property Department recommends the acceptance of the agreement with Ehrhart Griffin & Associates, and request your consideration and approval of this Resolution. Res ct lly sub ed, Approved: IpYL Bro ench,Act rector Date Human Rights and Relations Date Parks, Recreation and Public Property Department C m2 n • l testing. 8. Obtaining any regulatory or environmental permitting beyond the approval of NDEQ for the construction of the lift station and a floodplain development permit from the City of Omaha Planning Department. 9. Creation of a Storm Water Pollution Prevention Plan (SWPPP). 10. Design of features or items not included in the list of proposed improvements for each of the four (4) lift stations as described in this document or those services not specifically stated in the Scope of Services. Page6of7 1 Owner for review and approval. Page5of7 d 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 am as herein outlined. rmation as to the employment practices,policies, programs and statistics of the Contractor and its subcontractors. 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 or national origin. 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. . r. .. .n a .. •a-1. ••Y • 0. }'r W Omaha,NE 68138-0701 AUTHORIZED ,/REPRESENTATIVE 7)74.44104t IZ I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S433860/M371050 DKK to this instrument are the tP ';off,, ••- seals of said corporations;that said instrument was signed and sealed on behalf of each of the !ow'." ` -GRTH op : Mo;NE"'s.: Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley ,, '," • and Michael Freel,as such officers,acknowledged the execution of said instrument to be the MUTUA iti voluntary act and deed of each of the Companies. • UTUq 9 My Commission Expires March 13,2014. 4:: LAUREL A.BLOSS�EJ, AN�k,.o" Commission Number 183662 -�/NES,\e�. My Comm.Exp.Mari 3,2014 Notary Public in and for the State of Iowa CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of n each Company this ]7 day of December 2012 V 1 Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." Page -2- Honorable President and Members of the City Council, • Approved as to Funding: Referred to City Council for Consideration: (2 • -7L2- Pam SpaccarotellarQ Date Mayor's fi. Date Finance Director '\-1,\'� p:1719tmb Project Time Frame: 1. Kick-Off Meeting—Within two(2)weeks from date on signed agreement 2. Pre-Design Phase—30 calendar days from receipt of flow record data 3. Preliminary Design—60 calendar days from date on signed agreement 4. Final Design—90 calendar days from date on signed agreement Page 7 of 7 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. Mayor . . 41 • PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this /fkay off )0/ram , 2012, by and between the City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as the "City"), and Ehrhart Griffin & Associates, 3552 Farnam Street, Omaha, NE 68131 (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. I. PROJECT NAME AND DESCRIPTION A. Turner Park Trail Extension. II. DUTIES OF PROVIDER A. Provider agrees to perform professional services, as set out and more fully described in the Turner Park Trail Extension, July 24, 2012 attached hereto, for the City, relative to the above-referenced project. Such services shall be completed within a reasonable period after receipt of a purchase order from the City. B. Provider designates Daniel J. Dolezal, PE as its project manager and contact person for this project. C. Provider agrees to maintain records and accounts, including personnel, financial and property records, sufficient to identify and account for all costs pertaining to the project and certain other records as may be required by the City to assure a proper accounting for all project funds. These records shall be made available to the City for audit purposes and shall be retained for a period of five (5) years after the expiration of this agreement. D. Provider agrees to prepare a schedule of compensation, detailing hourly rates for all compensated providers, employees, and sub-consultants, a copy of which is provided in the attached Agreement For The Provision Of Limited Professional Services. E. Provider agrees to complete, within One Hundred Twenty Days (120) days after receipt of a signed agreement and a formal notice to proceed from the City, all items discussed in the Scope of Services. The City recognizes that completion within this deadline is contingent upon timely meeting schedules and City input. Provider shall furnish the City with one (1) complete hard copy set of the final documents, including plans, specifications and meeting notes and one (1) complete Digital copy of all documents, including plans, specifications and meeting notes if applicable. Word documents and spread sheets shall be provided in the latest format of MS Word and Excel. Drawings, if applicable shall be provided in CAD format compatible with AutoCAD 2010. F. Provider shall be responsible for reviewing all project plans and specifications with appropriate departments and agencies for compliance with City ordinances, state and federal law, building, plumbing, electric and fire codes and other pertinent laws and regulations. Professional Service Agreement—Ehrhart Griffin&Associates Turner Park Trail Extension Page 1 of 10 ty, 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 am as herein outlined. rmation as to the employment practices,policies, programs and statistics of the Contractor and its subcontractors. 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 or national origin. 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. . r. .. .n a .. •a-1. ••Y • 0. }'r W Omaha,NE 68138-0701 AUTHORIZED ,/REPRESENTATIVE 7)74.44104t IZ I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S433860/M371050 DKK to this instrument are the tP ';off,, ••- seals of said corporations;that said instrument was signed and sealed on behalf of each of the !ow'." ` -GRTH op : Mo;NE"'s.: Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley ,, '," • and Michael Freel,as such officers,acknowledged the execution of said instrument to be the MUTUA iti voluntary act and deed of each of the Companies. • UTUq 9 My Commission Expires March 13,2014. 4:: LAUREL A.BLOSS�EJ, AN�k,.o" Commission Number 183662 -�/NES,\e�. My Comm.Exp.Mari 3,2014 Notary Public in and for the State of Iowa CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of n each Company this ]7 day of December 2012 V 1 Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." III. DUTIES OF CITY A. City designates Dennis Bryers, Park Planner II as its contact person for this project, who shall provide a notice to proceed and such other written authorizations as are necessary to commence or proceed with the project and various aspects of it. IV. COMPENSATION AND PAYMENT A. The cost of services as specified in the Scope of Services, shall be performed on an hourly basis, but in no event shall exceed Forty Five Thousand Seven Hundred Ten Dollars and No Cents ($45,710.00) The hourly basis shall be as set out in Turner Park Trail Extension, July 24, 2012. The express written consent of the City shall be required in order to exceed said amount. B. Reimbursable expenses for Turner Park Trail Extension shall be billed to the City by the Provider at actual cost. Reimbursable items must be approved in advance by the City and a detailed itemization of such expenses shall be made available to the City upon request. C. Provider shall complete and return to the City a W-9 form, attached as Exhibit B, as required by the City prior to any payments being made to the Provider. D. Provider shall submit periodic invoices to the City contact person, detailing services performed and the cost thereof. City shall pay such invoices within thirty (30) days after the date of'the invoice. E. INCREASE OF FEES: 1. The parties hereto acknowledge that, as of the date of the execution of the Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: "Any amendment to contracts or purchases which taken alone increase the original fee as awarded a. By ten percent (10%), if the original fee is one hundred fifty thousand dollars ($150,000) or more, or b. By seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council." 2. 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. V. OWNERSHIP Professional Service Agreement—Ehrhart Griffin &Associates Turner Park Trail Extension Page 2 of 10 iate departments and agencies for compliance with City ordinances, state and federal law, building, plumbing, electric and fire codes and other pertinent laws and regulations. Professional Service Agreement—Ehrhart Griffin&Associates Turner Park Trail Extension Page 1 of 10 ty, 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 am as herein outlined. rmation as to the employment practices,policies, programs and statistics of the Contractor and its subcontractors. 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 or national origin. 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. . r. .. .n a .. •a-1. ••Y • 0. }'r W Omaha,NE 68138-0701 AUTHORIZED ,/REPRESENTATIVE 7)74.44104t IZ I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S433860/M371050 DKK to this instrument are the tP ';off,, ••- seals of said corporations;that said instrument was signed and sealed on behalf of each of the !ow'." ` -GRTH op : Mo;NE"'s.: Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley ,, '," • and Michael Freel,as such officers,acknowledged the execution of said instrument to be the MUTUA iti voluntary act and deed of each of the Companies. • UTUq 9 My Commission Expires March 13,2014. 4:: LAUREL A.BLOSS�EJ, AN�k,.o" Commission Number 183662 -�/NES,\e�. My Comm.Exp.Mari 3,2014 Notary Public in and for the State of Iowa CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of n each Company this ]7 day of December 2012 V 1 Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." • A. The City acknowledges the Provider's construction documents, including electronic files, as instruments of professional service. Nevertheless, upon completion of the services and payment in full of all monies due to the Provider, the final construction documents prepared under this Agreement shall become the property of the City. The City shall not reuse at another site or make any modification to the construction documents without the prior written authorization of the Provider. The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Provider, its officers, directors, employees and sub-consultants (collectively, Provider) against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising from or in any way connected with the unauthorized reuse or modification of the construction documents by the City, regardless of whether such reuse or modification is for use at the Project site or another site. VI. ADDITIONAL SERVICES A. In the event additional services for the aforementioned project not covered under this agreement are required, Provider agrees to provide such services at a mutually agreed upon cost. VII. INSURANCE REQUIREMENTS A. Provider shall carry professional liability insurance in the minimum amount of five hundred thousand dollars ($500,000) and shall carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. VIII. INDEMNIFICATION A. The Provider agrees, to the fullest extent permitted by law, to indemnify and hold harmless the City, its officers, directors and employees (collectively, City) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the Provider's negligent performance of professional services under this Agreement and that of its sub-consultants or anyone for whom the Provider is legally liable. The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Provider, its officers, directors, employees and sub- consultants (collectively, Provider) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs in connection with the Project, to the extent caused by the City's negligent acts or the negligent acts of anyone for whom the City is legally liable. Neither the City nor the Provider shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence. IX. TERMINATION OF AGREEMENT A. This agreement may be terminated by the City upon written notice to the Provider of such termination and specifying the effective date at least seven (7) days prior to the effective date of such termination. In the event of termination, the Provider shall be entitled to just and equitable payment for services rendered to the date of termination, and all finished or unfinished documents, data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City's option, its property. X. GENERAL CONDITIONS Professional Service Agreement—Ehrhart Griffin &Associates Turner Park Trail Extension Page 3 of 10 ractors. 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 or national origin. 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. . r. .. .n a .. •a-1. ••Y • 0. }'r W Omaha,NE 68138-0701 AUTHORIZED ,/REPRESENTATIVE 7)74.44104t IZ I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S433860/M371050 DKK to this instrument are the tP ';off,, ••- seals of said corporations;that said instrument was signed and sealed on behalf of each of the !ow'." ` -GRTH op : Mo;NE"'s.: Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley ,, '," • and Michael Freel,as such officers,acknowledged the execution of said instrument to be the MUTUA iti voluntary act and deed of each of the Companies. • UTUq 9 My Commission Expires March 13,2014. 4:: LAUREL A.BLOSS�EJ, AN�k,.o" Commission Number 183662 -�/NES,\e�. My Comm.Exp.Mari 3,2014 Notary Public in and for the State of Iowa CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of n each Company this ]7 day of December 2012 V 1 Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." A. Non-discrimination. Provider 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, political or religious opinions, affiliations or national origin or disability/handicap in the selection of sub-consultants, including procurements of materials and leases of equipment as recognized under 42 USCS 12101 et seq. and Omaha Municipal Code section 13-89. 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 Provider. The Provider 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. H. Assignment. The Provider may not assign its rights under this agreement without the express prior written consent of the City. I. Strict compliance. All provisions of this agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from authorized representative. J. Contract compliance Ordinance No. 35344, Section 10-192 — Equal Employment Opportunity Clause. During the performance of this contract, the Consultant agrees as follows: 1) The Consultant shall not discriminate against any employee applicant for employment because of race, religion, color, sex, age, sexual orientation, gender identity, disability, or national origin as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-89. The Consultant shall take affirmative action to ensure that applicants are Professional Service Agreement—Ehrhart Griffin &Associates Turner Park Trail Extension Page 4 of 10 ns 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 or national origin. 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. . r. .. .n a .. •a-1. ••Y • 0. }'r W Omaha,NE 68138-0701 AUTHORIZED ,/REPRESENTATIVE 7)74.44104t IZ I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S433860/M371050 DKK to this instrument are the tP ';off,, ••- seals of said corporations;that said instrument was signed and sealed on behalf of each of the !ow'." ` -GRTH op : Mo;NE"'s.: Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley ,, '," • and Michael Freel,as such officers,acknowledged the execution of said instrument to be the MUTUA iti voluntary act and deed of each of the Companies. • UTUq 9 My Commission Expires March 13,2014. 4:: LAUREL A.BLOSS�EJ, AN�k,.o" Commission Number 183662 -�/NES,\e�. My Comm.Exp.Mari 3,2014 Notary Public in and for the State of Iowa CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of n each Company this ]7 day of December 2012 V 1 Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 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 Consultant 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; laid off; and terminated. The Consultant 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 Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, 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. 3) The Consultant 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 Consultant'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 Consultant 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 section 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the contract compliance officer shall be those which are related to paragraphs (1) through (7) of this subsection and only after reasonable notice is given the Consultant. The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5) The Consultant shall take such actions with respect to any sub-consultant 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 Consultant becomes involved in or is threatened with litigation as the result of such direction by the City, the City will enter into such litigation as is necessary to protect the interests of the City and to effectuate these provisions (of this division); and in the case of contracts receiving federal assistance, the Consultant or the City may request the United States to enter into such litigation to protect the interests of the United States. 6) The Consultant shall file and shall cause his sub-consultants, if any to file compliance reports with the Consultant 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 Consultant and his sub-consultants. Professional Service Agreement—Ehrhart Griffin &Associates Turner Park Trail Extension Page 5 of 10 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. . r. .. .n a .. •a-1. ••Y • 0. }'r W Omaha,NE 68138-0701 AUTHORIZED ,/REPRESENTATIVE 7)74.44104t IZ I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S433860/M371050 DKK to this instrument are the tP ';off,, ••- seals of said corporations;that said instrument was signed and sealed on behalf of each of the !ow'." ` -GRTH op : Mo;NE"'s.: Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley ,, '," • and Michael Freel,as such officers,acknowledged the execution of said instrument to be the MUTUA iti voluntary act and deed of each of the Companies. • UTUq 9 My Commission Expires March 13,2014. 4:: LAUREL A.BLOSS�EJ, AN�k,.o" Commission Number 183662 -�/NES,\e�. My Comm.Exp.Mari 3,2014 Notary Public in and for the State of Iowa CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of n each Company this ]7 day of December 2012 V 1 Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 1 5? 7) The Consultant shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such provisions will be binding upon each sub-consultants or vendor. K. New Employee Work Eligibility Status—LB 403 Contract Provisions. 1) The Consultant 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 Reformation 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. 2) If the Consultant is an individual or sole proprietorship, the following applies: a. The Consultant 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 Consultant indicates on such attestation form that he or she is a qualified alien, the Consultant agrees to provide the US Citizenship and Immigration Services documentation required to verify the Consultant's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. c. The Consultant understands and agrees that lawful presence in the United States is required and the Consultant may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. L. Independent Contractor. It is understood and agreed by and between the parties that any and all acts that the Provider or its employees, agents, contractors, or servants perform pursuant to the terms of the Agreement shall be undertaken as independent contractors and not as employees of the City. Neither Provider nor any of its employees or agents shall be construed to be the employee or agent of the City for any purpose whatsoever. Provider shall not be entitled to any benefits of the City. The City shall not provide any insurance coverage to the Provider or its respective employees including, but not limited to workers' compensation insurance. Provider and the City shall be responsible for all reports, obligations, and payments pertaining to social security taxation, income tax withholding, workers' compensation, unemployment compensation, group insurance coverage, collective bargaining agreements, or any other such similar matters. Provider shall have no authority to bind the City by or with any contract or agreement, nor to impose any liability upon the City. All acts and contracts of the Provider shall be in its own name and not in the name of the City, unless otherwise provided herein. Professional Service Agreement—Ehrhart Griffin &Associates Turner Park Trail Extension Page 6 of 10 ions. 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 Consultant and his sub-consultants. Professional Service Agreement—Ehrhart Griffin &Associates Turner Park Trail Extension Page 5 of 10 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. . r. .. .n a .. •a-1. ••Y • 0. }'r W Omaha,NE 68138-0701 AUTHORIZED ,/REPRESENTATIVE 7)74.44104t IZ I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S433860/M371050 DKK to this instrument are the tP ';off,, ••- seals of said corporations;that said instrument was signed and sealed on behalf of each of the !ow'." ` -GRTH op : Mo;NE"'s.: Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley ,, '," • and Michael Freel,as such officers,acknowledged the execution of said instrument to be the MUTUA iti voluntary act and deed of each of the Companies. • UTUq 9 My Commission Expires March 13,2014. 4:: LAUREL A.BLOSS�EJ, AN�k,.o" Commission Number 183662 -�/NES,\e�. My Comm.Exp.Mari 3,2014 Notary Public in and for the State of Iowa CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of n each Company this ]7 day of December 2012 V 1 Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." EXEC , D this 20 da, of /v; ✓6P"75cR 2012. )rA g....441 by OF Pry ftli4 6 TITLE EXECUTED this /' 1 day of .), /eCe-,93.04','' , 2012. • City of Omaha, a Municipal Corp. v - . by r►_ uster Brown, City Clerk Ji, '(Ie, Ma t City of Omaha y of Omaha 4f( d as -4 gin : Pky ,4-/-k(77 Professional Service Agreement—Ehrhart Griffin &Associates Turner Park Trail Extension Page 7 of 10 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. Mayor • EXHIBIT "A" Revised: 6/2011 Utilization of Small and Emerging Small Businesses It is the policy of the City of Omaha that Small and Emerging Small Businesses shall have the maximum practicable opportunity to participate in City of Omaha projects. With regard to this project,the following Certified Professional Service Provider(s)have been identified and contracted with to perform the identified project tasks: Scope of work or Projected project tasks to commenceme Name of small or be performed nt and Agreed price emerging small Address completion with SBIESB Percentage(%) business date of work • Totals 0 0 CERTIFICATION The undersigned certifies that he/she is legally authorized by the Provider to make the statements and representations regarding small and/or emerging small business participation and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with the identified small and/or emerging small business(es)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)at the price(s)set forth in this Exhibit conditioned upon execution of this Agreement by the Provider with the City of Omaha. The undersigned/Provider agrees that if any of the representations made regarding utilization of small and/or emerging small business by the Provider knowing them to be false,or if there is a failure by the Provider to implement the stated agreements, intentions,objectives,goals,and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the agreement,entitling the City of Omaha to terminate the Agreement for default. The right to so terminate shall be in addition to,and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Agreement,under City • Omaha's Contract Compliance Ordinance or otherwise. Additionally,the undersigned/--• - will s• -ct to ge t:f•f re professional service awards. Signature 7 Date of Signing //-20- /Z Title ?pg Aia Firm or Corporate Name EkRHAie'l 6wlrffl'�/ 1. 4,5S6c,/a-re S Address 36.5Z FAiem 4 _Telephone Number 400-56/-063/ Dn rn-/I 1 IJE 6813/ End Of Exhibit"A" Professional Service Agreement—Ehrhart Griffin &Associates • Turner Park Trail Extension Page 8 of 10 be responsible for all reports, obligations, and payments pertaining to social security taxation, income tax withholding, workers' compensation, unemployment compensation, group insurance coverage, collective bargaining agreements, or any other such similar matters. Provider shall have no authority to bind the City by or with any contract or agreement, nor to impose any liability upon the City. All acts and contracts of the Provider shall be in its own name and not in the name of the City, unless otherwise provided herein. Professional Service Agreement—Ehrhart Griffin &Associates Turner Park Trail Extension Page 6 of 10 ions. 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 Consultant and his sub-consultants. Professional Service Agreement—Ehrhart Griffin &Associates Turner Park Trail Extension Page 5 of 10 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. . r. .. .n a .. •a-1. ••Y • 0. }'r W Omaha,NE 68138-0701 AUTHORIZED ,/REPRESENTATIVE 7)74.44104t IZ I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S433860/M371050 DKK to this instrument are the tP ';off,, ••- seals of said corporations;that said instrument was signed and sealed on behalf of each of the !ow'." ` -GRTH op : Mo;NE"'s.: Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley ,, '," • and Michael Freel,as such officers,acknowledged the execution of said instrument to be the MUTUA iti voluntary act and deed of each of the Companies. • UTUq 9 My Commission Expires March 13,2014. 4:: LAUREL A.BLOSS�EJ, AN�k,.o" Commission Number 183662 -�/NES,\e�. My Comm.Exp.Mari 3,2014 Notary Public in and for the State of Iowa CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of n each Company this ]7 day of December 2012 V 1 Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." • EXHIBIT B &aid".!v ko‘40. Finance Department � Omaha/Douglas Civic Center .i��*►t�`' ^ 1819 Farnam Street,Suite 1004 � (rys�'i�gm Omaha,Nebraska 68183-100.4 o�.� ro (402)444-5416 o ;Teo, { Telefax(402)546.1150 ^4.ten FEaR Pam Spacearotella City of Omaha SUBSTITUTE W-9 FORM Director Jim Surtle,Mayor Allen R.Herink- City Comptroller Federal regulations require us to obtain and report accurate Taxpayer Identification Numbers(TINS)on payees of certain types of payments made by the City of Omaha. This information is reported each year to the Internal Revenue Service on Form 1099. Failure to receive and file accurate information can result in the withholding of 30%federal income tax from any future payments we would make to you,as well as other penalties. Please provide the information requested on the bottom of this letter and return it to us in the enclosed envelope within 30 days.The completed form may also be faxed to the attention of Dance Mahr at (402) 444-5026. If you have any questions on how to complete this form,please see attached Instructions or contact Dance Mahr at(402)444-4699. Since payments to corporations are currently exempt,• • please provide the information to assure such payments are not reported. However,corporations providing medical and health care services as well as attorneys/law firms are reportable. This form must be completed and returned to verify that the information on file is correct. Your cooperation is very much appreciated. Thank you.• Please complete.this lower portion In full. TAXPAYER IDENTIFICATION NUMBER: (Fill only one) TYPE OF TAXPAYER: (Check one) Social Security No. OR 0 individual/Sole Proprietor F�rrfgloy-erii'ntificatjo}LNo�7 O CCorporation �7-i/7!/(t)o) Corporation Partnership Limited Liability Company.Enter the tax classification(C=C Corporation, NAME&ADDRESS INFORMATION:(Please print or type) 0 S=S Corporation,P=Partnership) 0 Other(see instructions) 0 Trustee• Name: Bu' ame: (sit atche o iRs re ) Ad s: (Number,stre artment ors ite number) f-.. Cry; S C e• 444.0_, • CERTIWITON: Under nalties of perjury,I certify that: • The number shown on this form is my correct Taxpayer Identification Number(of I am waiting for a number to 1. be issued to me),and • 2. I am not subject to back withholding because(a)I am exempt from backup withholding,or(b)I have not been notified by the internal Revenue Service(IRS)that f am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding, and am a U.S.person(including a U.S esident alien). Sig Prin d Name of Signee 1 • • Professional Service Agreement—Ehrhart Griffin &Associates Turner Park Trail Extension Page 9 of 10 ch 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 Consultant and his sub-consultants. Professional Service Agreement—Ehrhart Griffin &Associates Turner Park Trail Extension Page 5 of 10 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. . r. .. .n a .. •a-1. ••Y • 0. }'r W Omaha,NE 68138-0701 AUTHORIZED ,/REPRESENTATIVE 7)74.44104t IZ I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S433860/M371050 DKK to this instrument are the tP ';off,, ••- seals of said corporations;that said instrument was signed and sealed on behalf of each of the !ow'." ` -GRTH op : Mo;NE"'s.: Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley ,, '," • and Michael Freel,as such officers,acknowledged the execution of said instrument to be the MUTUA iti voluntary act and deed of each of the Companies. • UTUq 9 My Commission Expires March 13,2014. 4:: LAUREL A.BLOSS�EJ, AN�k,.o" Commission Number 183662 -�/NES,\e�. My Comm.Exp.Mari 3,2014 Notary Public in and for the State of Iowa CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 2,2012 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of n each Company this ]7 day of December 2012 V 1 Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." Specific Instructions Name: If you are an individual,you must generally enter the name shown on your social security card. However,if you have changed your last name for instance,due to marriage without informing the Social Security Administration of the name change,enter your fist name,the last • name shown on your social security card,and your new last name. If the account is in joint names,list first,and then circle,the name of the person or entity whose number you entered in Part I of the form. Sole proprietor:Enter your individual name as shown on your social security card on the"Name"line. You may enter your business, trade,or"doing business as(DBA)"name on the"Business name"line. Limited Liability Company(LLC). If you are a single-member LLC(including a foreign LLC with a domestic owner)that is disregarded as an entity separate from its owner under Treasury regulations section 301.7701-3,enter the owner's name on the"name"line. Enter the LLC's name on the"Business name"line. Other entities:Enter your business name as shown on required Federal tax documents on the"Name"line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business,trade,or DBA name on the"Business name"line. If the account is in joint names,list first,and then circle,the name of the person or entity whose number you entered in Part I of the form. Note: You are requested to check the appropriate box for your status(individuals/sole proprietor,corporation,etc.) What Name and Number to Give the Requester For This Type of Account: Give Name and SSN of: 1. Individual The Individual 2. Two or more individuals(joint account) The actual owner of the account or,if combined funds,the first individual on the account. 3. The usual Revocable savings trust(grantor is also a trustee) The grantor-trustee' 4. So-called trust account that is not a legal or valid trust under state law. The actual owner' 5. Sole proprietorship or single-owner LLC The Owner2 For This Type of Account: Give Name and EIN of: 6. Sole proprietorship or single-owner LLC The Owner2 7. A valid trusts,estate,or pension trust Legal Entity3 8. Corporate or.LLC electing corporate status on Form 8832 The Corporation 9. Association,club,religious,charitable,educational,or other tax-exempt organization The Organization 10. Partnership or Multi-member LLC The Partnership 11. A broker or registered nominee The Broker or nominee 'List First and circle the name of the person whose number you furnish.If only one person on a joint account has a SSN,that person's number must be furnished. 2You must show your individual name,but you may also enter your business or"DBA"name. You may use either SSN or EIN(If you have one). 3List first and circle the name of the legal trust,estate,or pension trust.(Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title). What is backup withholding?Persons making certain payments to you must under certain conditions withhold and pay to the IRS 30%of such payments(29%after December 31,2033;28%after December 2005).This is called"backup withholding."Payments that may be subject to backup withholding include interest,dividends,broker and barter exchange transactions,rents,royalties,non-employee pay,and certain payments from fishing boat operators. Real estate transactions are not subject to back up withholding. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester,or 2. You do not certify your TIN when required(see the Part II Instructions on page 4 for details),or you will not be subject to backup withholding on payments you receive if you give the requester your correct TIN,make the proper certifications,and report all your taxable interest and dividends on your tax return. 3. The IRS tells the requester that you furnished an incorrect TIN,or 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only),or 5. You do not certify.to the requester that you are not subject to backup withholding under 4 above(for reportable interest and dividend accounts opened after 1983 only). Penalties Failure to furnish TIN.If you fail to furnish your correct TIN to a requester,you are subject to a penalty of$50.00 for each such failure unless your failure is due to reasonable cause and not willful neglect Misuse of TINs.If the requester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. Criminal penalty for falsifying information.Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. • NOTE:If you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. Professional Service Agreement—Ehrhart Griffin &Associates Turner Park Trail Extension Page 10 of 10 12 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of n each Company this ]7 day of December 2012 V 1 Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." • EGA 121.084 EGA Project No CIVIL ENGINEERING AND LAND SURVEYING PROPOSAL TURNER PARK TRAIL EXTENSION 30TH&DODGE TO 17TH&WEBSTER STREET OMAHA,NEBRASKA July 24,2012 This agreement for limited professional civil engineering and land surveying services (hereinafter referred to as "Agreement") to be provided by Ehrhart Griffin & Associates (hereinafter referred to as "A/E") for PARKS, RECREATION&PUBLIC PROPERTY (hereinafter referred to as Owner). General Conditions are attached in Exhibit"A". ARTICLE 1 SCOPE OF SERVICES: This Scope of Services outlines the professional services required to prepare the limited boundary and topographic survey and construction drawings and specifications for the above referenced project.The following scope of services is based upon the discussions and meetings regarding the design held previously with stakeholders and the Papio-Missouri River NRD. Survey limits are shown in Exhibit"B". Basic Scope of Services • 1.1 LAND SURVEYING SERVICES will include the following: A.Limited Boundary Survey to determine Ownership limits(City of Omaha Right of Way)and register the project shall have the following specifications: • . Signature and seal of a licensed land surveyor • Legal Description of the tract surveyed. • Description of corner pins found and set. • Bearings,curve data,plat or record distances and actual field measurements. • Ties to any section corners found or set. • Easement(s)as defined in Title policy schedule"B"supplied by Owner. • Encroachments. • Scale,North direction and surveyor's certification. • Total acreage of property surveyed. B.Topographic Survey with the following specifications: 1. In addition to the information provided in the Boundary Survey specifications,the topographic survey shall include the following: • Existing grades shall be indicated on survey drawing using contours at a one-foot interval. Such grades shall be tied in with suitable benchmark. • Grades at edge of pavements and/or gutter'line and spot elevations shall be included in the electronic drawing. • Above ground improvements such as: sidewalks, curbs, culverts, utility poles, signs, traffic signals,alleys,retaining walls and trees. • Tree lines will be established for cluster areas and isolated trees 6" diameter and.greater will be located. • Location(s)and size(s)of storm and sanitary sewers. • Water,gas,electrical,telephone and other underground utility mains. • Service locations will be shown where information is available. • North will be oriented to top or right of drawing unless otherwise requested. EHRHART GRIFFIN&ASSOCIATES•3552 FARNAM STREET•OMAHA,NEBRASKA 68131 •402-551-0631 use either SSN or EIN(If you have one). 3List first and circle the name of the legal trust,estate,or pension trust.(Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title). What is backup withholding?Persons making certain payments to you must under certain conditions withhold and pay to the IRS 30%of such payments(29%after December 31,2033;28%after December 2005).This is called"backup withholding."Payments that may be subject to backup withholding include interest,dividends,broker and barter exchange transactions,rents,royalties,non-employee pay,and certain payments from fishing boat operators. Real estate transactions are not subject to back up withholding. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester,or 2. You do not certify your TIN when required(see the Part II Instructions on page 4 for details),or you will not be subject to backup withholding on payments you receive if you give the requester your correct TIN,make the proper certifications,and report all your taxable interest and dividends on your tax return. 3. The IRS tells the requester that you furnished an incorrect TIN,or 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only),or 5. You do not certify.to the requester that you are not subject to backup withholding under 4 above(for reportable interest and dividend accounts opened after 1983 only). Penalties Failure to furnish TIN.If you fail to furnish your correct TIN to a requester,you are subject to a penalty of$50.00 for each such failure unless your failure is due to reasonable cause and not willful neglect Misuse of TINs.If the requester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. Criminal penalty for falsifying information.Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. • NOTE:If you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. Professional Service Agreement—Ehrhart Griffin &Associates Turner Park Trail Extension Page 10 of 10 12 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of n each Company this ]7 day of December 2012 V 1 Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." • • Location,dimensions and brief description of existing building(s)and structure(s)on property. Surfaces of streets,roads,and alleys. • Scale to be as requested. • Street address of property(where possible). • Building setback requirements. O Zoning of the property. • Owner is responsible for providing A/E with: • • TITLE POLICY(Schedule"A"Legal Description and Schedule"B"Easements). • Any COVENANTS affecting property. • Right of way acquisition documents are not anticipated to be necessary and are EXCLUDED from this scope of services. • 1.2 GEOTECHNICAL INVESTIGATION: services including site recommendations will be provided by the Owner. 1.3 BASIC A/E DESIGN:services will include the following: A. Provide Construction drawings and specifications for the following: • 1. Site Demolition Plan for the removal of existing topographic features as necessary. 2. Site Layout Plan,defining horizontal control that locates all buildings,sidewalks, driveways,curb cuts,curb and gutter,medians,and landscaped areas,if any. Included in this item are all details necessary for construction of the curb and gutter,handicap ramps, paint striping,sidewalks,concrete pans and chase sections or other items as necessary. 3. Site Grading Plan,defining proposed contours and spot elevations with typical cut- ' section to establish sub-grade elevations,erosion control facilities are included in this item. NPDES permit provisions are included in this contract. 4. Trail Signage Plans in conformance with standards established on past trail projects with the Owner and the PMRNRD. 5. Retaining Wall Structural Design provisions are not included in this contract. Should retaining walls be needed,the A/E will show the proposed location and pertinent elevations on their drawings. The selected Contractor will be required to provide shop drawings signed and sealed by an Engineer registered in the State of Nebraska for review prior to the commencement of construction. 6. Incorporating traffic signal modification design for the relocation of the existing traffic signal at 20'h/Burt Streets to the new location at 30`h/Burt Streets. 7. . Design exclusions,other than those not already listed are: a. Public utility extensions,including sewer systems, b. Public street improvements, c. Site irrigation system design. d. Application/permit fees. The Architect or Owner will pay for all application/permit fees in the form of a check given to the A/E prior to submittal to the governing agency. ht of drawing unless otherwise requested. EHRHART GRIFFIN&ASSOCIATES•3552 FARNAM STREET•OMAHA,NEBRASKA 68131 •402-551-0631 use either SSN or EIN(If you have one). 3List first and circle the name of the legal trust,estate,or pension trust.(Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title). What is backup withholding?Persons making certain payments to you must under certain conditions withhold and pay to the IRS 30%of such payments(29%after December 31,2033;28%after December 2005).This is called"backup withholding."Payments that may be subject to backup withholding include interest,dividends,broker and barter exchange transactions,rents,royalties,non-employee pay,and certain payments from fishing boat operators. Real estate transactions are not subject to back up withholding. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester,or 2. You do not certify your TIN when required(see the Part II Instructions on page 4 for details),or you will not be subject to backup withholding on payments you receive if you give the requester your correct TIN,make the proper certifications,and report all your taxable interest and dividends on your tax return. 3. The IRS tells the requester that you furnished an incorrect TIN,or 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only),or 5. You do not certify.to the requester that you are not subject to backup withholding under 4 above(for reportable interest and dividend accounts opened after 1983 only). Penalties Failure to furnish TIN.If you fail to furnish your correct TIN to a requester,you are subject to a penalty of$50.00 for each such failure unless your failure is due to reasonable cause and not willful neglect Misuse of TINs.If the requester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. Criminal penalty for falsifying information.Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. • NOTE:If you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. Professional Service Agreement—Ehrhart Griffin &Associates Turner Park Trail Extension Page 10 of 10 12 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of n each Company this ]7 day of December 2012 V 1 Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." 1 B. Provide and erosion control plan meeting the National Pollutant Discharge Elimination System(NPDES) Standards adopted by the City of Omaha. The Owner will be responsible for all permit fees as required for review and acceptance. • Slate of Nebraska(From Construction Site Storer Water General Permit) Site shall be inspected to identify maintenance needs and/or SWPPP deficiencies once each week and within 24 hours after each precipitation event of 0.5 inch or more,except when winter freeze- up conditions preclude run-off. This minimum inspection frequency does not relieve the permittee of maintenance responsibilities during interim periods. Permit is in effect until final stabilization has been reached. Final stabilization occurs when all soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of 70%of the cover of the unpaved areas not covered by permanent structures has been established. and City of Omaha(From Grading and Erosion Control Procedures Permit) The engineer will maintain weekly reports while the grading and erosion control measures are being implemented. Once in place,monthly reports are to be maintained outlining the status of the erosion control devices. All sites are to be inspected by the engineer at a minimum of every seven days and within 24 hours of a storm event 0.5 inches or more. These inspections and reports are to continue for the term of the NDEQ permit. Permit is in effect until final stabilization has been reached. Final stabilization occurs when all soil disturbing activities at the site have been completed and a uniform perennial vegetative cover With a density of 70%of the cover of the unpaved areas not covered by permanent structures has been established. C. Provide services during the Bidding Phase to answer questions and provide any clarifications as required. D. Construction observation services for public improvements will be performed under separate contract • and,as such,ARE EXCLUDED FROM THIS SCOPE OF SERVICES. E. NPDES Observations as described in paragraph L3C will be performed under separate contract and,as • such,ARE EXCLUDED FROM THIS SCOPE OF SERVICES. • ADDITIONAL SERVICES: Services required in addition to those listed above will be performed at the A/E's prevailing standard hourly billing rates as shown in the Standard Hourly Rate Schedule in the General Conditions - Exhibit A. EXCLUDED SERVICES: Services not set forth above as Basic Services or Additional Services and listed in Article 1 of this Agreement are excluded from the scope of the A/E's services and the A/E assumes no responsibility • to perform such services. Specifically excluded are: Application Fees, Railroad insurance, permitting or flagging • fees and title policy research fees. • ARTICLE 2 FEE ARRANGEMENT&SCHEDULE 2.1 PROFESSIONAL FEES: The A/E agrees to provide the above services on a lump sum(LS),hourly basis in addition to reimbursable expenses(See 2.2)as follows: t title). What is backup withholding?Persons making certain payments to you must under certain conditions withhold and pay to the IRS 30%of such payments(29%after December 31,2033;28%after December 2005).This is called"backup withholding."Payments that may be subject to backup withholding include interest,dividends,broker and barter exchange transactions,rents,royalties,non-employee pay,and certain payments from fishing boat operators. Real estate transactions are not subject to back up withholding. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester,or 2. You do not certify your TIN when required(see the Part II Instructions on page 4 for details),or you will not be subject to backup withholding on payments you receive if you give the requester your correct TIN,make the proper certifications,and report all your taxable interest and dividends on your tax return. 3. The IRS tells the requester that you furnished an incorrect TIN,or 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only),or 5. You do not certify.to the requester that you are not subject to backup withholding under 4 above(for reportable interest and dividend accounts opened after 1983 only). Penalties Failure to furnish TIN.If you fail to furnish your correct TIN to a requester,you are subject to a penalty of$50.00 for each such failure unless your failure is due to reasonable cause and not willful neglect Misuse of TINs.If the requester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. Criminal penalty for falsifying information.Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. • NOTE:If you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. Professional Service Agreement—Ehrhart Griffin &Associates Turner Park Trail Extension Page 10 of 10 12 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of n each Company this ]7 day of December 2012 V 1 Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." • 1.1 Limited Boundary and Topographic Survey $ 17,250.00 LS 1.2 Not Used. • 1.3A 1-6 Construction Drawings and Specifications $ 15,460.00 LS 1.3A4 Trail signage $ 8,400.00 LS 1.3B NPDES Erosion Control Plan $ 1,800.00 LS 1.3C Services During the Bidding Phase $ 2,800.00 LS 2.2 REIMBURSABLE EXPENSES. Anticipated reimbursable expenses will include full size bond copies and mylars reproductions, in-house and express messenger deliveries,long distance and cellular telephone,contract and hi-house reproduction,postage,mileage,airfare and subsistence. 2.3 PAYMENT. The A/E will bill the Owner on a monthly basis based on percent of work completed.Billings will be provided on dates necessary to meet the Owner payment approval schedule.Payment terms are 30 days net. 2.4 SCHEDULE: Approximately 2 to 3 weeks from notice to proceed will be required to complete survey. The schedule is somewhat dependent on weather, site conditions, and availability of utility and title information. Engineering services schedule will be identified by the Owner and must be agreed to in writing by the A/E. The Owner shall notify the A/E of any submittal constraints in a timely manner so that appropriate scheduling may take place. 2.5 CONTRACT REPRESENTATIVE. Daniel J. Dolezal of Elu•hart Griffin &Associates will serve as project manager and contact for the A/E for this project. The Owner shall designate a staff member to serve in a similar capacity. EXHIBITS: Exhibit A-General Conditions Exhibit B-Survey Limits Owner: • A/E: CITY OF OMAHA PARKS,RECREATION& EHRH•1 t.RIF(IN ' A , Ore PUBLIC PROPERTY _ - Signature: k .. _ ._ .+al Signature: By: ' DANIEL T 0 LEZAL,‘, By: BROOK BENCH,ACTING DIRECTOR Title: PARTNER Title: Date: August 20,2012 Date: Address: 3552 Farnam Street Address: 1819 FARNAM,SUITE 701 Omaha,Nebraska 68131 OMAHA,NE.68183-0701 Phone: 4402-44-5901 Phone 402/551-0631(phone) Fax: 402-444-4921 fax: 402/551-6540(fax) E-moil: E-mail: ega@ehrhartgriffm.com ions as described in paragraph L3C will be performed under separate contract and,as • such,ARE EXCLUDED FROM THIS SCOPE OF SERVICES. • ADDITIONAL SERVICES: Services required in addition to those listed above will be performed at the A/E's prevailing standard hourly billing rates as shown in the Standard Hourly Rate Schedule in the General Conditions - Exhibit A. EXCLUDED SERVICES: Services not set forth above as Basic Services or Additional Services and listed in Article 1 of this Agreement are excluded from the scope of the A/E's services and the A/E assumes no responsibility • to perform such services. Specifically excluded are: Application Fees, Railroad insurance, permitting or flagging • fees and title policy research fees. • ARTICLE 2 FEE ARRANGEMENT&SCHEDULE 2.1 PROFESSIONAL FEES: The A/E agrees to provide the above services on a lump sum(LS),hourly basis in addition to reimbursable expenses(See 2.2)as follows: t title). What is backup withholding?Persons making certain payments to you must under certain conditions withhold and pay to the IRS 30%of such payments(29%after December 31,2033;28%after December 2005).This is called"backup withholding."Payments that may be subject to backup withholding include interest,dividends,broker and barter exchange transactions,rents,royalties,non-employee pay,and certain payments from fishing boat operators. Real estate transactions are not subject to back up withholding. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester,or 2. You do not certify your TIN when required(see the Part II Instructions on page 4 for details),or you will not be subject to backup withholding on payments you receive if you give the requester your correct TIN,make the proper certifications,and report all your taxable interest and dividends on your tax return. 3. The IRS tells the requester that you furnished an incorrect TIN,or 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only),or 5. You do not certify.to the requester that you are not subject to backup withholding under 4 above(for reportable interest and dividend accounts opened after 1983 only). Penalties Failure to furnish TIN.If you fail to furnish your correct TIN to a requester,you are subject to a penalty of$50.00 for each such failure unless your failure is due to reasonable cause and not willful neglect Misuse of TINs.If the requester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. Criminal penalty for falsifying information.Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. • NOTE:If you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. Professional Service Agreement—Ehrhart Griffin &Associates Turner Park Trail Extension Page 10 of 10 12 on behalf of: MICHAEL J.CHVATAL,DEANNE K.KABOUREK,SHANNON D.SADLE are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of n each Company this ]7 day of December 2012 V 1 Vice President 7832(5-07)SIXTH "For verification of the authenticity of the Power of Attorney you may call(515)345-2689." • GENERAL CONDITIONS-EXHIBIT A • I. ACCESS TO SITF,: Unless otherwise stated, the A/E will Owner agrees the A/E is not responsible for damages,nor shall the have access to the site for activities necessary for the performance A/E be deemed to be in default of this Agreement. of the services at all reasonable hours. 8. Li\IITATION OF LIABILITY:In recognition of the relative 2. INDEMNIFICATION: Owner agrees to indemnify and hold risks and benefits of the project to both the Owner and the A/E, harmless the A/E from and against any and all claims, damages, the risks have been allocated such that the Owner losses,and expenses arising out or resulting_from the performance agrees,to the fullest extent permitted by law,to limit the liability of services under this Agreement, provided that any such claim, of the A/E and their sub consultants to the Owner and to all damage,loss,or expense is not due to the negligent acts,errors,or construction contractors and subcontractors on the project for any omissions of the A/E. and all claims,losses,costs,damages of any nature whatsoever or claims expenses from any cause or causes, so that the total 3. DISPUTE RESOLUTION: in an effort to resolve any aggregate liability of the A/E and his or her sub consultants to all conflicts that arise during the design or construction of the project those named shall not exceed S100,000 or the A/E's total fcc for . or following completion of the project, the Owner and the A/E services rendered on this project,whichever is greater.Such claims agree that all disputes between them arising out of or relating to and causes include negligence,professional errors or omissions, this Agreement shall be submitted to nonbinding mediation unless . strict liability,breach of contract or warranty. the parties mutually agree otherwise. The Owner and the A/E further agree to include a similar mediation provision in all 9. OPINIONS OF PROBABLE COST: in providing opinions agreements with independent contractors and consultants retained of probable construction cost,the Owner understands that the A/E for the project and to require all independent contractors and has no control over costs or the price of labor, equipment, or consultants also to include a similar mediation provision in all materials,or over the Contractors'method or pricing,and that the agreements with subcontractors, sub consultants, suppliers or opinions of probable construction cost provided herein are to be fabricators so retained, thereby providing for mediation as the made on the basis of the A/E's qualifications and experience.The primary method for dispute resolution between the parties to those ME makes no warranty,expressed or implied,ns to the accuracy agreements. of such opinions as compared to bid or actual costs. 4. OWNERSHIP OF DOCUMENTS: The Owner 10. SHOP DRAWING REVIEW: The A/E shall review and acknowledges the A/E's construction documents as instniments of approve Contractor submittals, such as shop drawings, product . professional service. Nevertheless, the plans and specifications data,samples and other data,as required by the A/E,but only for prepared under this Agreement shall become the property of the the limited purpose of checking for conformance with the design Owner upon completion of the work and payment in fill of all concept and the information expressed in the contract documents. moneys due to the ME.The Owner shall not reuse or make any This review shall not include review of the accuracy or modifications to the plans and specifications without the prior completeness of details,such as quantities,dimensions,weights or written authorization of the A/E. The Owner agrees,to the fullest gauges, fabrications processes, construction means or methods, . extent permitted by law, to indemnify and hold hamiless the A/E • coordination of the work with other trades or construction safety from any claim,liability,or cost arising out of or allegedly arising precautions, all of which are the sole responsibility of the out of any unauthorized reuse or modifications of the construction Contractor. The A/E's review shall be conducted with reasonable documents by the Owner or any person or entity that acquires or promptness while allowing sufficient time in the A/E's judgment to obtains the plans and specifications from or through the Owner permit adequate review. Review of a specific item shall not • without Me written authorization of the A/E. indicate that the A/E has reviewed the entire assembly of which the item is a component.The A/E shall not be responsible for any S. CODES AND STANDARDS COMPLIANCE: The A/E deviations from the contract documents not brought to the attention shall put forth the reasonable efforts to comply with codes, of the A/E in writing by the Contractor. The A/E shall not be regulations,laws,and statutes in effect as of the execution of this required to review partial submissions or those which submissions Agreement. of correlated items have not been received. 6. CONSTRUCTION OBSERVATION:The A/E shall visit the II. ADA COMPLIANCE: The Americans with Disabilities Act project at appropriate intervals during construction to become (ADA)provides that it is a violation of the ADA to design and generally familiar with time progress and quality of the contractors' construct a facility for first occupancy later than January 26, 1993, work and to detennine if the work is proceeding in general that does not meet the accessibility and usability requirements of accordance with the Contract Documents. the ADA except where an entity can demonstrate that it is The Owner has not retained the A/E to make detailed inspections structurally impractical to meet such requirements. The Owner or to provide exhaustive or continuous project review and acknowledges that the requirements of the ADA will be subject to observation services.The A/E does not guarantee the performance various and possibly contradictory interpretations. The A/E, of, and shall have no responsibility for, the acts or omissions of . therefore, will use his or her reasonable professional efforts to any contractor, subcontractor, supplier, or any other entity interpret applicable ADA requirements and other Federal,state and furnishing materials or performing any work on the project. local laws,rules,codes,ordinances and regulations as they apply to the project.The AIR,however,cannot mid does not warrant or 7. DELAYS: The A/E is not responsible for delays caused by guarantee that the Owner project will comply with the factors beyond the A/E's reasonable control, including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous or toxic materials at the job site,or should it become known in any date of termination, in accordance with Article 2 of this way that such materials may be present at the job site or any Agreement. adjacent areas that may affect the performance of the A/E's services,the A/E may,at his or her option and without liability for 16. SEVERABiLITV AND SURVIVAL: Any provision of this consequential or any other damages, suspend performance of Agreement later held to be unenforceable for any reason shall be services on the project until the Owner retains appropriate deemed void,and all remaining provisions shall continue in full specialist consultant(s) or contractor(s) to identify, abate and/or force and effect. Articles 2, 3, 4, and 8 shall survive the remove the asbestos or hazardous or toxic materials,and warrant termination of this Agreement and shall remain enforceable that the job site is in full compliance with applicable laws and between the parties. regulations. 17. STANDARD OF CARE: Services provided by the A/E 13. GOVERNING LAW: The laws of the State of Nebraska will under this Agreement will be performed in a manner consistent govern the validity of this Agreement, its interpretation and with that degree of care and skill ordinarily exercised by members performance. Any litigation arising in any way from this of the same profession currently practicing under similar Agreement shall be brought in the courts of that State: circumstances. 14. ASSIGNMENT: Neither party to this Agreement shall 18. AMENDMENT: This Agreement shall not be amended transfer, sublet, or assign any rights under or interest in this except by written instnmunt signed by the parties hereto. This Agreement(including but not limited to moneys that are due or Agreement constitutes the entire and integrated agreement by and moneys that may be due)without the prior written CONSENT of between the parties and supersedes any and all prior negotiations, the other party. whether written or oral. • IS. TERMINATION: Either the Owner or the A/E may terminate this Agreement at any time with or without cause upon 19. AUTHORIZATION: The individual signing this agreement giving the other party(10)calendar days prior written notice.The for and on behalf of both parties represents that he or she is a duly Owner shall within thirty(30)calendar days of termination pay authorized agent of his or her respective principal. the A/E for all services rendered and all costs incurred up to the STANDARD HOURLY RATE SCHEDULE: Principal 150.00/hr. Survey Department Manager 120.00/hr. Engineering Department Manager 140.00/hr. Professional Land Surveyor 90.00/hr. Engineering Project Manager 140.00/hr. Survey Technician 90.00/hr. Project Engineer 90.00/1 r. Survey Crew Patty Chief 90.00/hr. Design Engineer 80.00/hr. Survey Crew Tech.WI EDM 90.00/hr. Engineering Technician I 75.00/hr. Robotic Laser EDM ' 90.00/hr. Engineering Technician II 65.00/I r. GPS Satellite Receiver 180.00/hi. Quality Assurance Manager 90.00/hr Office Clerical 55.00/hr. Construction Manager 85.00/hr. . Office Manager 88.00/hr. Construction Observer I 65.00/hr. Construction Observer II 55.00/hr. REIMBURSABLE EXPENSES: Federal/Airborne Express 30.00/ea. Bond Copy(8'Y2x11) 0.300/ea. Express Messenger 15.00/ea. Bond Copy(8Y2x14) 0.55/ea. Mileage .55/nti. Bond Copy( 11 x 17) 0.75/ea. Mylar Copy(24"x 36") 7.00/ea. Bond Copy(24 x36) 4.00/ea. Mylar Copy(30"x 42") 9.00/ea. Bond Copy(30 x 42) 5.00/ea Color Copy(8Y2x11) • 1.00/ea. Color Copy(8Yzx14) 1.25/ea Color Copy( 11 x 17) 1.75/ea Color Copy(24x36) 4.00/ea Color Copy(30x42) 9.00/ea • • • . I • sponsibility of the out of any unauthorized reuse or modifications of the construction Contractor. The A/E's review shall be conducted with reasonable documents by the Owner or any person or entity that acquires or promptness while allowing sufficient time in the A/E's judgment to obtains the plans and specifications from or through the Owner permit adequate review. Review of a specific item shall not • without Me written authorization of the A/E. indicate that the A/E has reviewed the entire assembly of which the item is a component.The A/E shall not be responsible for any S. CODES AND STANDARDS COMPLIANCE: The A/E deviations from the contract documents not brought to the attention shall put forth the reasonable efforts to comply with codes, of the A/E in writing by the Contractor. The A/E shall not be regulations,laws,and statutes in effect as of the execution of this required to review partial submissions or those which submissions Agreement. of correlated items have not been received. 6. CONSTRUCTION OBSERVATION:The A/E shall visit the II. ADA COMPLIANCE: The Americans with Disabilities Act project at appropriate intervals during construction to become (ADA)provides that it is a violation of the ADA to design and generally familiar with time progress and quality of the contractors' construct a facility for first occupancy later than January 26, 1993, work and to detennine if the work is proceeding in general that does not meet the accessibility and usability requirements of accordance with the Contract Documents. the ADA except where an entity can demonstrate that it is The Owner has not retained the A/E to make detailed inspections structurally impractical to meet such requirements. The Owner or to provide exhaustive or continuous project review and acknowledges that the requirements of the ADA will be subject to observation services.The A/E does not guarantee the performance various and possibly contradictory interpretations. The A/E, of, and shall have no responsibility for, the acts or omissions of . therefore, will use his or her reasonable professional efforts to any contractor, subcontractor, supplier, or any other entity interpret applicable ADA requirements and other Federal,state and furnishing materials or performing any work on the project. local laws,rules,codes,ordinances and regulations as they apply to the project.The AIR,however,cannot mid does not warrant or 7. DELAYS: The A/E is not responsible for delays caused by guarantee that the Owner project will comply with the factors beyond the A/E's reasonable control, including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous 1 -I L__ .�- all�i k�� • 4oa a^9' t Z • ----- I� ,�-_. - - C)E� i rt.i. s- :NI"Rrr1 t ,a '1,,- ` Ebbii B1in s 0f �' __ — _ . , Layenast - 1, '-'-- i I „, t 47.77 ., , 1.f,-.,... ,,.._ „., . _ ....... i , j cipize je "go.; B • Is M I . � ,`it fl r .1 • ..,,• :.' N ` 10 WebsterxPl , ' t � - '! �' ih t , ,' f I ��1 ^? � 1 - _ -v 4' ri :>r - Q 1 ld 2 r ,;... Cass St' •r.•�. * I ! z -�`F i .. �- n•nNAv •'■ t +F.G �Y ;.• "CaitlPlx ' L. 'f' : - .2 1"2.1 y1. ,4. S� �, •��� ::.� � /r•F _�'_-'V �,t.4»;�.- - -�� � "ItnlavlSt�Y= '-- , ? - f e i/ _.., .ry" x .,� '�' ate, ) -V1 •4115 471:i pp. '.,' • ti +,� , r 1 7c -, • -" I•z--.0-- r F' i, ks.?....isi. f Full right of way on Burt St,West right of way to ,.!i /t�ni, „•o t.a:i...__' .or •1 ',,' -4. Westerly Sotkhbornd lane on 30th St. " rj `` AFe" " - Capitol A v i _.a...r— _ _ "- e s+�.a+ err'—� �1C�L. t FttAi•C'7LJG �r.: I e c:.y.ra`:. his Agreement shall 18. AMENDMENT: This Agreement shall not be amended transfer, sublet, or assign any rights under or interest in this except by written instnmunt signed by the parties hereto. This Agreement(including but not limited to moneys that are due or Agreement constitutes the entire and integrated agreement by and moneys that may be due)without the prior written CONSENT of between the parties and supersedes any and all prior negotiations, the other party. whether written or oral. • IS. TERMINATION: Either the Owner or the A/E may terminate this Agreement at any time with or without cause upon 19. AUTHORIZATION: The individual signing this agreement giving the other party(10)calendar days prior written notice.The for and on behalf of both parties represents that he or she is a duly Owner shall within thirty(30)calendar days of termination pay authorized agent of his or her respective principal. the A/E for all services rendered and all costs incurred up to the STANDARD HOURLY RATE SCHEDULE: Principal 150.00/hr. Survey Department Manager 120.00/hr. Engineering Department Manager 140.00/hr. Professional Land Surveyor 90.00/hr. Engineering Project Manager 140.00/hr. Survey Technician 90.00/hr. Project Engineer 90.00/1 r. Survey Crew Patty Chief 90.00/hr. Design Engineer 80.00/hr. Survey Crew Tech.WI EDM 90.00/hr. Engineering Technician I 75.00/hr. Robotic Laser EDM ' 90.00/hr. Engineering Technician II 65.00/I r. GPS Satellite Receiver 180.00/hi. Quality Assurance Manager 90.00/hr Office Clerical 55.00/hr. Construction Manager 85.00/hr. . Office Manager 88.00/hr. Construction Observer I 65.00/hr. Construction Observer II 55.00/hr. REIMBURSABLE EXPENSES: Federal/Airborne Express 30.00/ea. Bond Copy(8'Y2x11) 0.300/ea. Express Messenger 15.00/ea. Bond Copy(8Y2x14) 0.55/ea. Mileage .55/nti. Bond Copy( 11 x 17) 0.75/ea. Mylar Copy(24"x 36") 7.00/ea. Bond Copy(24 x36) 4.00/ea. Mylar Copy(30"x 42") 9.00/ea. Bond Copy(30 x 42) 5.00/ea Color Copy(8Y2x11) • 1.00/ea. Color Copy(8Yzx14) 1.25/ea Color Copy( 11 x 17) 1.75/ea Color Copy(24x36) 4.00/ea Color Copy(30x42) 9.00/ea • • • . I • sponsibility of the out of any unauthorized reuse or modifications of the construction Contractor. The A/E's review shall be conducted with reasonable documents by the Owner or any person or entity that acquires or promptness while allowing sufficient time in the A/E's judgment to obtains the plans and specifications from or through the Owner permit adequate review. Review of a specific item shall not • without Me written authorization of the A/E. indicate that the A/E has reviewed the entire assembly of which the item is a component.The A/E shall not be responsible for any S. CODES AND STANDARDS COMPLIANCE: The A/E deviations from the contract documents not brought to the attention shall put forth the reasonable efforts to comply with codes, of the A/E in writing by the Contractor. The A/E shall not be regulations,laws,and statutes in effect as of the execution of this required to review partial submissions or those which submissions Agreement. of correlated items have not been received. 6. CONSTRUCTION OBSERVATION:The A/E shall visit the II. ADA COMPLIANCE: The Americans with Disabilities Act project at appropriate intervals during construction to become (ADA)provides that it is a violation of the ADA to design and generally familiar with time progress and quality of the contractors' construct a facility for first occupancy later than January 26, 1993, work and to detennine if the work is proceeding in general that does not meet the accessibility and usability requirements of accordance with the Contract Documents. the ADA except where an entity can demonstrate that it is The Owner has not retained the A/E to make detailed inspections structurally impractical to meet such requirements. The Owner or to provide exhaustive or continuous project review and acknowledges that the requirements of the ADA will be subject to observation services.The A/E does not guarantee the performance various and possibly contradictory interpretations. The A/E, of, and shall have no responsibility for, the acts or omissions of . therefore, will use his or her reasonable professional efforts to any contractor, subcontractor, supplier, or any other entity interpret applicable ADA requirements and other Federal,state and furnishing materials or performing any work on the project. local laws,rules,codes,ordinances and regulations as they apply to the project.The AIR,however,cannot mid does not warrant or 7. DELAYS: The A/E is not responsible for delays caused by guarantee that the Owner project will comply with the factors beyond the A/E's reasonable control, including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha desires to extend the Turner Boulevard Trail, from the north side of Dodge Street to Cuming Street and to make improvements to the sidewalks and bike lanes on Burt Street and Mike Fahey Street from North 30th Street to North 16th Street; and, WHEREAS, Ehrhart Griffin & Associates has submitted a proposal to provide professional design and engineering services to prepare plans and specifications for the extension of the Turner Boulevard Trail, in the total amount of$45,710.00; and, WHEREAS, the Papio-Missouri River Natural Resources District (NRD) will reimburse the City of Omaha up to $50,000.00-as per an inter-local agreement for this work; and, WHEREAS, Ehrhart Griffin & Associates has complied with the City's Contract Compliance Ordinance No. 28885 in relation to Civil Rights -Human Relations; and, WHEREAS, the Mayor has recommended acceptance of this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Professional Services Agreement between the City of Omaha and Ehrhart Griffin & Associates, in the total amount of$45,710.00, to provide professional design and engineering services to prepare plans and specifications for the extension of the Turner Boulevard Trail, from the north side of Dodge Street to Cuming Street and to make improvements to the sidewalks and bike lanes on Burt Street and Mike Fahey Street from North 30th Street to North 16th Street, is hereby accepted and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the 2010 Parks and Recreation Bond Fund No. 13355 and Organization No. 117317, Parks and Cultures Bond. APPROVED AS TO F . ,G , , - /0-1e� ASSISTANT CITY ATTORNEY DATE p:1720tmb • II By Co nc lmeemmber Adopted/6a$ 2012 /T� y Clerk 12.---- Approved.... . Mayor rior written notice.The for and on behalf of both parties represents that he or she is a duly Owner shall within thirty(30)calendar days of termination pay authorized agent of his or her respective principal. the A/E for all services rendered and all costs incurred up to the STANDARD HOURLY RATE SCHEDULE: Principal 150.00/hr. Survey Department Manager 120.00/hr. Engineering Department Manager 140.00/hr. Professional Land Surveyor 90.00/hr. Engineering Project Manager 140.00/hr. Survey Technician 90.00/hr. Project Engineer 90.00/1 r. Survey Crew Patty Chief 90.00/hr. Design Engineer 80.00/hr. Survey Crew Tech.WI EDM 90.00/hr. Engineering Technician I 75.00/hr. Robotic Laser EDM ' 90.00/hr. Engineering Technician II 65.00/I r. GPS Satellite Receiver 180.00/hi. Quality Assurance Manager 90.00/hr Office Clerical 55.00/hr. Construction Manager 85.00/hr. . Office Manager 88.00/hr. Construction Observer I 65.00/hr. Construction Observer II 55.00/hr. REIMBURSABLE EXPENSES: Federal/Airborne Express 30.00/ea. Bond Copy(8'Y2x11) 0.300/ea. Express Messenger 15.00/ea. Bond Copy(8Y2x14) 0.55/ea. Mileage .55/nti. Bond Copy( 11 x 17) 0.75/ea. Mylar Copy(24"x 36") 7.00/ea. Bond Copy(24 x36) 4.00/ea. Mylar Copy(30"x 42") 9.00/ea. Bond Copy(30 x 42) 5.00/ea Color Copy(8Y2x11) • 1.00/ea. Color Copy(8Yzx14) 1.25/ea Color Copy( 11 x 17) 1.75/ea Color Copy(24x36) 4.00/ea Color Copy(30x42) 9.00/ea • • • . I • sponsibility of the out of any unauthorized reuse or modifications of the construction Contractor. The A/E's review shall be conducted with reasonable documents by the Owner or any person or entity that acquires or promptness while allowing sufficient time in the A/E's judgment to obtains the plans and specifications from or through the Owner permit adequate review. Review of a specific item shall not • without Me written authorization of the A/E. indicate that the A/E has reviewed the entire assembly of which the item is a component.The A/E shall not be responsible for any S. CODES AND STANDARDS COMPLIANCE: The A/E deviations from the contract documents not brought to the attention shall put forth the reasonable efforts to comply with codes, of the A/E in writing by the Contractor. The A/E shall not be regulations,laws,and statutes in effect as of the execution of this required to review partial submissions or those which submissions Agreement. of correlated items have not been received. 6. CONSTRUCTION OBSERVATION:The A/E shall visit the II. ADA COMPLIANCE: The Americans with Disabilities Act project at appropriate intervals during construction to become (ADA)provides that it is a violation of the ADA to design and generally familiar with time progress and quality of the contractors' construct a facility for first occupancy later than January 26, 1993, work and to detennine if the work is proceeding in general that does not meet the accessibility and usability requirements of accordance with the Contract Documents. the ADA except where an entity can demonstrate that it is The Owner has not retained the A/E to make detailed inspections structurally impractical to meet such requirements. The Owner or to provide exhaustive or continuous project review and acknowledges that the requirements of the ADA will be subject to observation services.The A/E does not guarantee the performance various and possibly contradictory interpretations. The A/E, of, and shall have no responsibility for, the acts or omissions of . therefore, will use his or her reasonable professional efforts to any contractor, subcontractor, supplier, or any other entity interpret applicable ADA requirements and other Federal,state and furnishing materials or performing any work on the project. local laws,rules,codes,ordinances and regulations as they apply to the project.The AIR,however,cannot mid does not warrant or 7. DELAYS: The A/E is not responsible for delays caused by guarantee that the Owner project will comply with the factors beyond the A/E's reasonable control, including but not interpretations of ADA requirements and/or requirements of other limited to delays because of strikes,lockouts,work slowdowns or federal, state and local laws, rules, codes, ordinances and stoppages,accidents,acts of God,failure of any governmental or regulations as they apply to the project. other regulatory authority to act in a timely manner,failure of the Owner to fiunish timely information or approve or disapprove of 12. HAZARDOUS 11IATERiALS: it is acknowledged by both the A/E's services or work product promptly,or delays caused by parties that the A/E's scope of services does not include any faulty performance by the Owner or by contractors of any level. services related to asbestos or hazardous or toxic materials. in the When such delays beyond the A/E's reasonable control occur,the event the A/E or any other party encounters asbestos or hazardous • --aW ""1 n CCD 2 N 5-. to C M •n /" B is 0 y c g a o 0 .t OC 2 N = N 0 k 0 CD (0 Qcs' b N 0 ° 0 a O C rr- O CO" Z CO O .y "., R. N. c4 X O tt co O 9u o o rd. z 2,-, \ • (7 co m o CAD r. o C n 1 aO - a.� m o ,°n ' .pm _ o' w co w.c ar0� `wo cco 5 _ 0a22 O. 0 4. O n .0 C C17 2 O • • • Page 7 of 10 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. Mayor