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RES 2012-0988 - Agmt with Lamb's Remodeling for rehabiulitation and lead hazard reduction work at 4231 Ellison Ave °F°rnr xe'NFe� Planning Department a b�� {` .gektv RECEIVED E C E I ,f a°� Omaha/Douglas Civic Center • VC? rRp.. 4+ i 1819 Farnam Street,Suite 1100 1', . z n `' gOr e } t Omaha,Nebraska 68183 0'4,-- 12 JUL 1 6 A l l 9; 21 (402)444-5150 o4 *.. Telefax(402)444-6140 47.ED FEBR)A CITY L5 E R.E. Cunningham,RA,F.SAME City of Omaha OMAHA, ME:84141,SKA Director Jim Suttle,Mayor July 24, 2012 Honorable President and Members of the City Council, The attached Resolution authorizes the Planning Director to enter into an Agreement with Thomas F. Lamb, Sole Proprietor, Lamb's Remodeling, 21210 Welsh Road, Elkhorn, Nebraska 68022 for the rehabilitation of property located at 4231 Ellison Avenue, Omaha, Nebraska 68111. The Agreement provides for the rehabilitation and lead hazard reduction work as applicable in FY 2012 Community Development Block Grant Program (CDBG) funds to rehabilitate single family property located at 4231 Ellison Avenue, Omaha, Nebraska 68111, to be purchased and occupied by a low- and moderate-income family whose annual household income is at or below 80% the Medium Income by Family Size (hereinafter referred to as the "Project"). This project was competitively bid with the lowest and best bid being received at $89,827.00. The Planning Department believes this bid is reasonable for the work on this property, based on the certified cost estimate and the bids received. This Project will be funded under the CDBG 2012 Urban Homestead Program, which is included in the City's FY 2012 Consolidated Submission for Community Planning and Development Programs (hereinafter referred to as "Consolidated Plan"), approved November 8, 2011, by City Council Resolution No. 1234, and as amended. The cost for this rehabilitation project is estimated at $89,827.00. The CDBG Funds shall be paid from FY 2012 Omaha CDBG Funds, Fund No. 12186, Organization No. 129161. This Project meets the requirements of the Federal CDBG Program, the City's CDBG Urban Homestead Guidelines, is consistent with the FY 2012 Consolidated Plan, and is eligible for funding. tor exceed the actual amount of the funds available under this Agreement. 7.03 Schedule for Completing Work. In accordance with the payment schedule which will allow the City to monitor actual performance against estimates of what will be necessary to complete the project on time must be provided. 20 FO AL HOUSING OPPORTUNITY uence an officer or employee of any agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit standard Form- 18 EQUAL HOUSING OPPORTUNITY ed States, or any of their duly authorized representatives, or any duly 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) . Honorable President And Members of the City Council Page 2 The Contractor, Thomas F. Lamb, Sole Proprietor, Lamb's Remodeling, 21210 Welsh Road, Elkhorn, Nebraska 68022 has on file a current Annual Contract Compliance Report Form (CC- 1). As is City policy, the Human Rights and Relations Department will review the Contractor to ensure compliance with the Contract Compliance Ordinance. Your favorable consideration of this Resolution is requested. Sincerely, Referred . City Council for Consideration: 0 . E. Cunning , . AME ate Mayor's ffig Date Planning Dir ctor Approved as t ding: Approved: fetejj uo-( 1y -SEIC -7A7j/(D--. Pam Spaccarotella 09" Date Human Rights and Relations Department Date Finance Director Jfj 1 730-cover letter les Manager or Page 14 of f t • CDBG 2012 URBAN HOMESTEAD CONTRACTOR AGREEMENT TO CONTRACT FOR REHABILITATION WORK THIS AGREEMENT is entered into between the City of Omaha (hereinafter referred to as "City") and Thomas F. Lamb, Sole Proprietor, Lamb's Remodeling, 21210 Welsh Road, Elkhorn, Nebraska 68022 (hereinafter referred to as "Contractor"), based on terms, conditions and provisions as set forth below. RECITALS: WHEREAS, the City is a municipal corporation located in Douglas County, Nebraska, and is organized and existing under the laws of the State of Nebraska, and is authorized and empowered to exercise all powers conferred by the State constitution laws, Home Rule Charter of the City of Omaha, 1956, as amended, and local ordinances, including but not limited to, the power to contract; and, WHEREAS, the City has received Community Development Block Grant (hereinafter referred to as "CDBG") Funds for implementing the Omaha-Council Bluffs Consortium Consolidated Submission for Community Planning and Development Programs Action Plan for Fiscal Year 2012, for the creation of affordable housing opportunities for renters and owners, among other objectives; and, WHEREAS, the City's FY 2012 Consolidated Submission for Community Planning and Development Programs (hereinafter referred to as "Consolidated Plan"), outlining priorities, programs and funding allocations for the 2012 program year, that included the Urban Homestead Program, was approved by City Council Resolution No. 1234 on November 8, 2011, as amended; and, EQUAL HOUSING OPPORTUNITY This Project will be funded under the CDBG 2012 Urban Homestead Program, which is included in the City's FY 2012 Consolidated Submission for Community Planning and Development Programs (hereinafter referred to as "Consolidated Plan"), approved November 8, 2011, by City Council Resolution No. 1234, and as amended. The cost for this rehabilitation project is estimated at $89,827.00. The CDBG Funds shall be paid from FY 2012 Omaha CDBG Funds, Fund No. 12186, Organization No. 129161. This Project meets the requirements of the Federal CDBG Program, the City's CDBG Urban Homestead Guidelines, is consistent with the FY 2012 Consolidated Plan, and is eligible for funding. tor exceed the actual amount of the funds available under this Agreement. 7.03 Schedule for Completing Work. In accordance with the payment schedule which will allow the City to monitor actual performance against estimates of what will be necessary to complete the project on time must be provided. 20 FO AL HOUSING OPPORTUNITY uence an officer or employee of any agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit standard Form- 18 EQUAL HOUSING OPPORTUNITY ed States, or any of their duly authorized representatives, or any duly 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) WHEREAS, the Project is eligible for funding under the FY 2012 CDBG Urban Homestead Rehabilitation Program, and $500,000.00 was allocated to the Project; and, WHEREAS, it is in the best interest of the City and the residents thereof that the City enter into an Agreement with the Contractor to provide rehabilitation funding based on a competitive bid process for the Project. NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS, the parties do hereby agree as follows: SECTION 1. DEFINITIONS AND ABBREVIATIONS. • 1.01 "Rehabilitation/Construction Completion" shall mean — the date the Project has been certified by the City as meeting all state, federal and local laws, ordinances, regulations and codes, including but not limited to, Section 8 Housing Quality Standards for Existing Homes (HQS) as established by HUD, the City of Omaha Property Rehabilitation Standards, Nebraska Department of Economic Development Rehabilitation Standards, and accessibility requirements, where applicable. 1.02 "Construction Completion" shall mean — the date Rehabilitation/Construction Completion has been certified and approved by the City, and all CDBG funds allocated to the Agreement have been disbursed. 1.03 "Property" shall mean — the property located at 4231 Ellison Avenue, Omaha, Nebraska 68111. 1.04 "CDBG Funds" shall mean that portion of the FY 2012 Urban Homestead Program funds awarded to the City, subject to and conditioned upon actual receipt of same by the City of Omaha, as may be available to loan during the program FY 2012 for the use specified herein in an amount not to exceed $89,827.00. 1.05 "Contractor" shall mean - Thomas F. Lamb, Sole Proprietor, Lamb's Remodeling, 21210 Welsh Road, Elkhorn, Nebraska 68022, a Corporation (referred to herein as the "Contractor") warranting itself to be licensed and/or bonded (if applicable) and qualified to perform the work specified herein. 1.06 "City" shall mean—the City of Omaha, a Nebraska Corporation. 1.07 "HUD" shall mean—the U.S. Department of Housing and Urban Development. 2 EQUAL HOUSING OPPORTUNITY and is eligible for funding. tor exceed the actual amount of the funds available under this Agreement. 7.03 Schedule for Completing Work. In accordance with the payment schedule which will allow the City to monitor actual performance against estimates of what will be necessary to complete the project on time must be provided. 20 FO AL HOUSING OPPORTUNITY uence an officer or employee of any agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit standard Form- 18 EQUAL HOUSING OPPORTUNITY ed States, or any of their duly authorized representatives, or any duly 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) • 1.08 "Director" shall mean—the Planning Director of the City of Omaha. SECTION 2. RESPONSIBILITIES OF CONTRACTOR. 2.01 Overall Project Performance 2.01.1 The Contractor shall use the $89,827.00 in CDBG 2012 Urban Homestead Program Funds for rehabilitation and lead hazard reduction • work as applicable at the vacant and foreclosed-upon property located at 4231 Ellison Avenue, Omaha,Nebraska 68111. 2.02 TIME FOR COMMENCEMENT AND COMPLETION. The Contractor agrees to complete, free of liens or rights of liens of contractors, mechanics, suppliers, or laborers, all work listed in the Work Write-up by the completion date indicated on the Proceed Order, subject to extensions approved by the City for the period of any excusable delays (including strikes, acts of God, or any other reasons beyond the control of the City or Contractor). The Contractor agrees that time is of the essence in the performance of the Agreement terms. 2.03 AGREEMENT PRICE. The Contractor agrees to accomplish work as described in the Work Write-up in•accordance with each and every term and condition of this Agreement, for a total Agreement price of$89,827.00. 2.04 PROGRESS PAYMENTS. The Contractor agrees that the total Agreement price shall be paid in one or more progress payments. Should any work for which payment is requested. not be completed, be completed incorrectly, or not be done in a high quality workmanlike manner, the amount of such work shall be deducted from the payment request. Payment for any work so deducted may be requested on future requests for payment; provided said work has been satisfactorily completed and the reason for the initial denial of payment no longer exists. Partial lien waivers from Contractor shall be provided with each progress payment requested. Progress payments will be made up to and including 90% of the value of the work completed. Any further payment would be made when project is 100% complete. In the case of inclement weather or any other factor that the City determines that will prevent Construction completion, the Contractor will be paid based on the actual amount of work completed. Final lien waivers shall be presented from the Contractor at the time the request for final payment is made. Such progress payments shall be disbursed after inspection and approval of the work by the City. Final payment shall be due upon satisfactory completion and acceptance of work as being in compliance with this Agreement by the City, permit sign-off(if applicable), and submission of satisfactory waiver(s) of liens. The City shall not withhold payment to the Contractor except for non-compliance with the terms of this Agreement, and SHALL NOT REQUEST THE CONTRACTOR TO PERFORM WORK OUTSIDE THE SCOPE OF THIS AGREEMENT AS A CONDITION OF RECEIVING PAYMENT. Any work 3 O EOUAL MOUSING OPPORTUNITY EQUAL HOUSING OPPORTUNITY ed States, or any of their duly authorized representatives, or any duly 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) completed that is not in compliance with the items set out in the Work Write-up will not be paid for out of the rehabilitation funds unless said additions/ deletions/changes have been authorized by a written and approved change order executed by all parties PRIOR TO the commencement of such work. Payment for any work completed without a written and approved change order is the sole responsibility of the Contractor. The Contractor acknowledges that it is a material breach of this Agreement to request or accept a progress or final payment which is in excess of the price of the work completed at the time such payment is requested. 2.04.1 Progress payments and final payment as may be authorized by the Director or his designated representative are subject to: 2.04.1.1 Receipt, verification and approval of a lien waiver and an AIA Document G702 "Application and Certification for Payment" or comparable document. All documents for each pay request submission must be forwarded to the Planning Department Construction Specialist assigned to the Project. 2.04.2 A 10% retainage of CDBG Urban Homestead Program funds will be held by the City until all punch list items have been corrected to the satisfaction of the City Construction Specialist assigned to this project, and until the Construction Completion requirements as stated in Section 1, Paragraph 1.02 are satisfied. 2.05 WARRANT. The Contractor warrants that all improvements, hardware, and fixtures of whatever kind of nature to be installed or constructed on the Property by the Contractor or the Contractor's sub-contractors will be of good quality, suitable for their purpose, and free from defects in workmanship or materials or other deficiencies. This is a full warranty extending to the City of Omaha and subsequent Owners of the Property; provided, however, that warranty set forth in this paragraph shall apply only to the deficiencies and defects about which the City of Omaha or subsequent Owners) shall have notified the Contractor at the address stated above WITHIN ONE YEAR, except for any longer warranty periods specified in the warranty. (NOTE: Contractor to supply extended warranty documents to the City at the time of final inspection.) 2.06 TERM OF THE AGREEMENT This Agreement shall start effective upon the Notice to Proceed, and the terms of this Agreement shall be completed 120 days from Notice to Proceed. The Planning Director may extend the term of this Agreement, but in no event shall the date extend beyond 12 months from date approved by City Council. SECTION 3. STANDARD TERMS 4 O EQUAL HOUSING OPPORTUNITY PERFORM WORK OUTSIDE THE SCOPE OF THIS AGREEMENT AS A CONDITION OF RECEIVING PAYMENT. Any work 3 O EOUAL MOUSING OPPORTUNITY EQUAL HOUSING OPPORTUNITY ed States, or any of their duly authorized representatives, or any duly 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) 3.01 INSURANCE: During the continuance of the work under this Agreement, the Contractor and all subcontractors (as applicable) shall: 3.01.1 Maintain, at a minimum, the applicable following classes of coverage which will provide, at a minimum, the following amount of coverage: (1) Bid Security is required. No performance bond will be required for a Rehabilitation Agreement in an amount less than the federal government's small purchase threshold under OMB Circular A- 110, currently at $100,000.00 (Exhibit "C"). On a case-by-case basis, the Director of the Planning Department can require a bond if it is in the best interest of the federal government and the City of Omaha. The contractor must be on the Planning Department approved contractors list. (2) Contractor's Personal Liability $1,000,000.00 (3) Combined Bodily Injury and Property Damage $2,000,000.00 ($1,000.000.00 per occurrence) (4) Product, including completed operations $1,000,000.00 (5) Worker's Compensation The Contractor agrees to provide evidence to the City of such insurance prior to the commencement of the work. Failure to provide adequate evidence of insurance, or failure to maintain the insurance as required by this paragraph, shall be grounds for termination of this Agreement at the option of the City of Omaha. The City of Omaha shall be named insured on all comprehensive liability insurance policies. 3.02 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. 3.02.1 Section 10-192 of the Omaha Municipal Code, Equal Employment Opportunity Clause. The Developer and its contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, sexual orientation, gender identity, national origin, familial or handicap status. As used herein, the word "treated" shall mean and include, without limitation, the following: recruited, whether by advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The 5 O EQUAL HOUSING OPPORTUNITY ctive upon the Notice to Proceed, and the terms of this Agreement shall be completed 120 days from Notice to Proceed. The Planning Director may extend the term of this Agreement, but in no event shall the date extend beyond 12 months from date approved by City Council. SECTION 3. STANDARD TERMS 4 O EQUAL HOUSING OPPORTUNITY PERFORM WORK OUTSIDE THE SCOPE OF THIS AGREEMENT AS A CONDITION OF RECEIVING PAYMENT. Any work 3 O EOUAL MOUSING OPPORTUNITY EQUAL HOUSING OPPORTUNITY ed States, or any of their duly authorized representatives, or any duly 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) Developer and its contractor agree 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. The contractors and its subcontractors shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, age, sexual orientation, gender identity, national origin, familial or handicap status. 3.02.2 The contractors or its subcontractors shall send to each representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers' 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. 3.02.3 The contractors or its subcontractors shall furnish to the Human Rights and Relations Department all federal forms containing the information and reports required by the federal government for federal agreements under federal rules and regulations, including the information required by Sections 10-192 to 10-194, inclusive, of the Omaha Municipal Code and shall permit reasonable access to his records. Records accessible to the Human Rights and Relations Department shall be those which related to Paragraphs 3.02.1 through 3.02.10 of this subsection and only after reasonable notice is given the contractor. The purpose of this provision is to provide for investigation to ascertain compliance with the program provided herein. 3.02.4 The contractors or its subcontractors shall take such actions with respect to any subcontractor as the City may direct as a means of enforcing the provisions of Paragraphs 3.02.1 through 3.02.10 herein, including penalties and sanctions for noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation as the result of such directions by the City, the City will enter into such litigation as is necessary to protect the interests of the City and to effectuate the provisions of this division, and, in the case of Agreements receiving federal assistance, the contractor or the City may request the United States to enter into such litigation to protect the interests of the United States. 3.02.5 The contractors shall file and shall cause his subcontractors, if any, to file compliance reports with the contractor in the same form and to the extent as required by the federal government for federal agreements 6 OPPORTUNITY duly authorized representatives, or any duly 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) under federal rules and regulations. Such compliance reports shall be filed with the City's Human Relations Department. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the contractor and his subcontractors. 3.02.6 The contractors or its subcontractors shall include the provisions of Paragraphs 3.02.1 through 3.02.10 of this section, "Equal Employment Opportunity Clause", and Section 10.193 in every contract, subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. (Code 1980, Section 10-192; Ord. No. 35344, Sections 1, 9-26-00) 3.02.7 The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, (or as may be amended) and of the rules, regulations, and relevant orders of the U.S. Secretary of Labor. 3.02.8 The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, (or as may be amended) and by the rules, regulations, and orders of the Secretary of Labor and/or the U.S. Secretary of Housing and Urban development and will permit access to his/her books, records and accounts by the Secretary of Housing and Urban Development, or his/her designees, for purposes of investigation to ascertain compliance with such rules, regulations and orders. 3.02.9 In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Amendment or with any of the said rules, regulations, or orders, this Agreement may be cancelled, terminated, suspended in whole or in part, and the Contractor may be declared ineligible for further government agreements or federally- assisted construction agreements in accordance with procedures authorized in Executive Order 11246 of September 24, 1965; and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, or by rules, regulations or orders of the Secretary of Labor, or as otherwise provided by law. 3.03 ASSIGNMENT. The Contractor agrees not to assign this Agreement without written consent of the City of Omaha. 3.04 CHANGE ORDERS. The Contractor agrees not to make any changes to the Work Write-up or the Specifications, without a written change order executed by all parties prior to the commencement of the work. A written and executed change order is required even if the modification involves no change in the dollar amount of the Agreement. 7 FO AL OUSING OPPORTUNITY . mpliance reports with the contractor in the same form and to the extent as required by the federal government for federal agreements 6 OPPORTUNITY duly authorized representatives, or any duly 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) 3.05 PERMITS AND CODES. The Contractor agrees to secure and pay for all applicable and necessary permits and licenses required for the Contractor's performance of this Agreement in compliance with applicable requirements, including local building and housing codes where applicable, requirements, including local building and housing codes where applicable, whether or not covered by the specifications and drawings for the work, and further agrees to perform all work in conformance with the highest standard of all applicable codes and local property rehabilitation standards. 3.06 HOLD HARMLESS. The Contractor agrees to defend, indemnify and hold the City of Omaha harmless from any liability or claims for damages because of bodily injury, death, property damage, sickness, disease, or loss and expense arising from the Contractor's performance of this Agreement. Both parties agree that each Contractor and Subcontractor is acting in the capacity of an independent contractor. The Contractor further agrees to protect, defend and indemnify the City of Omaha from any claims by laborers, subcontractors, or suppliers for unpaid work or labor performed, or materials supplied in connection with this Agreement. The Contractor agrees to hold and save harmless the City of Omaha from any and all loss, cost or damages of every kind, nature or description arising under this Agreement. 3.07 ELIGIBILITY. The Contractor represents that he/she is not listed on the Disbarred and Suspended Contractor's List of the U.S. Department of Housing and Urban Development (HUD) or of the City, and further agrees not to hire or utilize as a subcontractor or supplier or any person or firm that is so listed. The contractor and all subcontractors and sub-tiers must be registered with the Nebraska Department of Labor. 3.08 CONDITION OF PREMISES. The Contractor agrees to keep the premises broom clean and orderly and to remove all debris as needed during the course of the work, in order to maintain work conditions which do not causes health or safety hazards. 3.09 LEAD-BASED PAINT. The Contractor agrees to use no lead-based paint in the performance of this Agreement, including the performance of any subcontractor. "Lead-based paint" means any paint containing more than six one-hundredths of one (1) per centum of lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied. The Contractor further agrees to abide by all federal requirements regarding lead-based paint poison prevention. 8 el I EQUAL 0 SING OPPORTUNITY n the dollar amount of the Agreement. 7 FO AL OUSING OPPORTUNITY . mpliance reports with the contractor in the same form and to the extent as required by the federal government for federal agreements 6 OPPORTUNITY duly authorized representatives, or any duly 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) Lead-based Paint Regulations at 24 CFR 570.608 and 24 CFR Part 35 and in particular. Sub-part B thereof. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners or tenants or properties constructed prior to 1978 be properly notified that such properties may include lead-based paint and require specific treatments according to the amount of HUD funding allocated to the Project. 3.10 SECTION 3 —EMPLOYMENT OF LOW-INCOME PERSONS (SECTION 3 OF HUD ACT OF 1968 AS AMENDED). 12 U.S.C. 1701u). The Contractor agrees to abide by the following provisions and to include them in any subcontract into which the Contractor enters in performance of the Agreement. 3.10.1 The work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area(s) and Agreements for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. 3.10.2 The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development as set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. The parties to this Contact certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 3.10.3 The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for, or recipient of, federal financing assistance take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where he/she has notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the subcontractor has first provided him/her with a preliminary statement of ability to comply with the requirements of these regulations. 3.10.4 Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department 9 O F.OUAL HOUSING OPPORTUNITY horized representatives, or any duly 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) issued thereunder prior to the execution of the Agreement, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, his/her contractors and subcontractors, all successors, and assigns to those sanctions specified by the grant and/or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 3.11 Plan Submissions. Contractor shall submit all plans, working drawings and/or specifications necessary or incidental to this Project to the City of Omaha for review and approval prior to the commencement of any construction work. 3.12 Minority/Women Owned Business Enterprise Plan. Contractor shall submit to the Director for review and approval a minority and women business participation plan, which discusses economic development and employment opportunities. These plans shall ensure that the Contractor and its subcontractors will make their best efforts to ensure that construction services, contracts and employment opportunities and affirmatively marketed to women and members of minority groups. 3.13 Section 504 of the Rehabilitation Act of 1973, as Amended (29 U.S.C. 794). No otherwise qualified individual will, solely by reason of his or her handicap, be excluded from.participation (including employment), denied program benefits or subjected to discrimination under any program or activity receiving federal assistance funds. Section 504 applies to alteration to dwelling units in multi- family housing projects. This Project is exempt as a single-family unit (Exhibit 3.14 Davis-Bacon Labor Standards. Not required — see Exhibit "E", Exemption Checklist. 3.15 Property Standards (24 C.F.R. 92.251). During the construction period, the Contractor shall ensure that all work performed and the Construction Work meets all state, federal and local laws, ordinances, regulations and codes, including but not limited to, Section 8 Housing Quality Standards for Existing Homes (HQS) as established by HUD, the City of Omaha Property Rehabilitation Standards, Nebraska Department of Economic Development Rehabilitation Standards (Exhibit "D"), and accessibility requirements, where applicable. 3.15.1 After completion of Construction Work, the Property must comply with all appropriate City codes and ordinances, Federal Section.8 Housing Quality Standards and with fire safety codes (24 C.F.R. 570.02), City of Omaha Property Rehabilitation Standards, Nebraska Department of 10 EQU l OUSING OPPORTUNITY 24 CFR Part 135, and all applicable rules and orders of the Department 9 O F.OUAL HOUSING OPPORTUNITY horized representatives, or any duly 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) Economic Development Rehabilitation Standards, and accessibility requirements, if applicable. 3.16 Affirmative Marketing Plan. A copy of the Contractor's and its subcontractor's affirmative marketing plan shall be submitted to the City for review and approval. 3.17 Section 109 of the Housing and Community Act of 1974. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied benefits of or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 3.18 Age Discrimination Act of 1975, as Amended (42 U.S.C. 6101, et. seq.). No person will be excluded from participation, denied program benefits or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. 3.19 Title VI of the Civil Rights Act of 1964. No person shall, on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 3.20 Attestation of Citizenship. To comply with Neb. Rev. Stat. 4-108 through 4-114, the Developer agrees to comply with the requirements of 3.20.1 and 3.20.2. 3.20.1 The Developer shall include the following language in all contracts and subcontracts for the physical performance of services: "The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the Contractor is an individual or sole proprietorship, the following • applies: a) The Contractor 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 Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. Citizenship and Immigration Services documentation required to verify the 11 EQUAL HOUSING OPPORTUNITY ards, Nebraska Department of 10 EQU l OUSING OPPORTUNITY 24 CFR Part 135, and all applicable rules and orders of the Department 9 O F.OUAL HOUSING OPPORTUNITY horized representatives, or any duly 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE)Program. c) The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. 4-108." 3.20.2 The Developer shall have each person signing the application for a benefit under this agreement execute a United States Citizenship Attestation Form For Public Benefit (Exhibit "M") verifying eligibility status for the purposes of receiving a public benefit. The Developer shall maintain aggregate records for the duration of the contract showing: (a)the number of applicants for public benefits under this agreement; and (b) the number of applicants rejected pursuant to the lawful presence requirement set forth in the above-referenced Nebraska statutes. Further the Developer shall provide a summary report to the City no later than December 15th each calendar year reflecting this applicant data for such calendar year. 3.21 Employee Classification Act. To comply with the Nebraska Employee Classification Act, all general and subcontractors who perform construction or delivery service pursuant to this contract shall submit to the City an Affidavit For Employee Classification Act (Exhibit "L") attesting that (1) each individual performing services for such contractor is properly classified under the Nebraska Employee Classification Act, 2010 LB 563 ("the Act"), (2) such contractor has completed a federal I-9 immigration form and has such form on file for each employee performing services, (3) such contractor has complied with Neb. Rev. Stat. section 4-114 (federal immigration verification system), (4) such contractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker, and (5) as of the time of the contract, such contractor is not barred from contracting with the state or any political subdivision pursuant to the Act. The contractor shall follow the provisions of the Act. A violation of the Act by a contractor is grounds for rescission of the contract by the City. SECTION 4. PROJECT RESPONSIBILITIES OF THE CONTRACTOR 4.01 Eligible Use of Funds. The Contractor hereby certifies, contracts and agrees that anyand all fundingobtained or made available hereunder shall be used solelyand exclusively purposes for the u oses described herein. 4.01.1 Ineligible Costs. The Contractor shall be responsible for payment of any Project costs that exceed those specified in this Agreement. 12 EQ AL USING OPPORTUNITY 10 EQU l OUSING OPPORTUNITY 24 CFR Part 135, and all applicable rules and orders of the Department 9 O F.OUAL HOUSING OPPORTUNITY horized representatives, or any duly 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) 4.02 Terms and Conditions. The Contractor shall abide by all terms and conditions of this Agreement and shall be responsible for the security and maintenance of the sites described in Section 1.03 herein. 4.03 Documentation and Recordkeeping. The Contractor and its subcontractors shall maintain such records and accounts with respect to any of the matters covered in this Agreement, including property, personnel and financial records, as are deemed necessary by the City to assure a proper account for all expenses. The Comptroller General of the United States, or any of their duly authorized representatives, or any duly authorized representatives of the City, as approved by the Director, shall have access to any books, documents, papers, records and accounts of the Contractor, or its subcontractors which are directly pertinent to this Project for the purpose of making audit, examination, excerpts and transcriptions. Such records and accounts shall be made available to the City, its designees or the federal government at any time during normal business hours, and shall be retained for ten (10) years after expiration of the Agreement. In the event the terms of the Agreement would be extended, the record retention period would be extended for the additional time. Any contract entered into by the Contractor with any subcontractors shall include this section to insure said access. 4.03.1 Construction Progress Reports. The Contractor shall provide reports to the Director (AIA G702 Form or comparable document) describing the progress of construction, and any significant problems and/or delays in construction on this project. The Contractor shall submit these reports on a financial status report form as more specifically required in Section 4.03.2 herein. The progress reports are required until such time as all construction work is completed and the City issues the final payment of construction to the Owner. 4.03.2 Financial Status Reports. The Contractor shall submit financial status reports (OMB Circular A-110) (Exhibit "C") along with pay requests. These reports shall accompany pay requests. In the event pay requests are not submitted for ninety (90) days, financial status report shall be due, at a minimum, 15 calendar days from the end of the calendar year quarter. Attached as Exhibit "K", and incorporated herein by this reference as though fully set forth, is a sample financial status report. 4.03.3 Record Retention. The Owner, its contractors and subcontractors shall maintain such records and accounts, including property, personnel and financial records, as are deemed necessary by the City to assure a proper accounting for all expenses. The Comptroller General of the United States, or any of their duly authorized representatives, or any duly authorized representatives of the City, as approved by the Director, shall have access to any books, documents, papers, records and accounts of 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) • the Contractor, or subcontractors which are directly pertinent to this Project for the purpose of making audit, examination, excerpts and transcriptions. Such records and accounts shall be retained for ten (10) years after expiration of the Agreement. (OMB Circular A-110) (Exhibit"C"). 4.04 Soil Work Policy. The Contractor will comply with the Soil Work Policy for Housing Development Program projects that may involve the removal of structures, installation of public infrastructure and site preparation work prior to the construction of new residential structures. (See Attachment 4.) 4.05 Cost Principles. The Contractor shall comply with the requirements and the standards of OMB Circular No. A-87 Revised "Cost Principles for State, Local and Indian Tribal Governments" (Exhibit"G"). 4.06 Accounting Standards. The Contractor agrees to comply with OMB Circular A- 110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. (Exhibit "C", attached hereto and incorporated herein as though fully set forth.) 4.07 Employment Insurance and Bonding. The Contractor shall purchase a blanket fidelity bond covering all employees, at a minimum, in an amount equal to cash advances from the City. The Contractor shall comply with bonding and insurance requirements of OMB Circular A-110 (Exhibit"C") Bonding and Insurance. 4.08 Audits. The Contractor shall comply with all provisions and regulations of the Program and have an annual audit completed in compliance with OMB Circular A-133, attached hereto as Exhibit "J", and incorporated herein as though fully set forth. A copy of the audit shall be provided to the Director or his designee. The auditor shall determine the appropriate type of audit to be conducted; i.e., limited scope or full compliance. A single audit is not an allowable expense unless the Subrecipient expends total federal funds over $500,000.00 in each fiscal year. A limited-scope audit may be allowable provided the auditor conducts the audit in accordance with generally accepted auditing standards and the recipient expends less than$500,000.00 in each fiscal year. 4.09 Preconstruction Meeting. The Contractor and its subcontractors shall attend a preconstruction meeting with the City Construction Specialist prior to the start of any Rehabilitation work. 4.10 National Environment Policy Act of 1969. The Contractor shall not begin any rehabilitation or construction work of a Property until it receives approval by the City that all provisions of the National Environmental Policy Act of 1969 (NEPA) 14 EQUAL HOUSING OPPORTUNITY y of their duly authorized representatives, or any duly authorized representatives of the City, as approved by the Director, shall have access to any books, documents, papers, records and accounts of 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) and related authorities listed in HUD's implementing regulations at 24 CFR Parts 50 and 58 have been met regarding the Property. 4.11 Environmental Review. The Contractor agrees to comply with the following regulations insofar as they apply to the performance of this Agreement. 4.11.1 Clean Air Act, 42, U.S.C., 1857, et seq. 4.11.2 Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring entry, reports and information, as well as other requirements specified in Section 114 and Section 308, and all regulations and guidelines issued thereunder. 4.11.3 Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R., as amended. 4.11.4 National Environmental Policy Act of 1969. 4.11.5 HUD Environmental Review Procedures (24 C.F.R. Part 58). 4.12 Flood Disaster Protection Act of 1973 (24 U.S.C. 4106 and P.L. 2234) in regard to the sale, lease or other transfer of land acquired, cleared or improved under the terms of the Agreement as it may apply to provisions of this Agreement. 4.13 Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 C.F.R., Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Office for all rehabilitation and demolition of historic properties that are 45 year old or older or that are included on a Federal, State or local historic property list. SECTION 5. RESPONSIBILITIES OF THE CITY. 5.01 Performance Monitoring. The City will monitor the performance standards of the Contractor as stated herein. Substandard performance as determined by the City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Contractor within a reasonable period of time after being notified by the City, contract suspension or termination procedures may be initiated. 5.02 Payments. It is expressly agreed and understood that the total amount to be paid by the City under this Agreement shall not exceed $89,827.00 in CDBG funds. The payment of these funds is subject to and conditioned upon actual receipt by 15 O EOUAL OUSING OPPORTUNITY litation work. 4.10 National Environment Policy Act of 1969. The Contractor shall not begin any rehabilitation or construction work of a Property until it receives approval by the City that all provisions of the National Environmental Policy Act of 1969 (NEPA) 14 EQUAL HOUSING OPPORTUNITY y of their duly authorized representatives, or any duly authorized representatives of the City, as approved by the Director, shall have access to any books, documents, papers, records and accounts of 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) the City of the same. Should adequate funding not be available to the City, the City shall notify the Contractor as soon as reasonably possible and the Agreement will be terminated. 5.02.1 Obligation for Payment. In no event shall the City become obligated to make any payments for any work performed, materials furnished, expense incurred, or any other expenditure of any kind whatsoever, unless same is expressly included in this Agreement; nor shall the City incur any liability hereunder, unless and until the Contractor has timely and fully complied with its duties and obligations hereunder. No payments shall be made for any work, labor, material or expenses incurred the Director deems to be: 5.02.1.1 Not in conformance with applicable state, federal and/or local laws, including but not limited to, the building, plumbing and/or electrical codes; or, 5.02.1.2 Not in conformance with all plans, working drawings and/or specifications as approved; or, 5.02.1.3 Unacceptable or substandard; or, 5.02.1.4. Not in accordance with this Agreement or related contracts as approved for this Project. SECTION 6. MUTUAL AGREEMENTS BETWEEN CITY AND CONTRACTOR. 6.01 Release of Information Laws. The Contractor specifically hereby states, agrees, and certifies that it is familiar with the limited purpose set forth in the Federal Laws, Rules and Regulations, and in the laws of the State of Nebraska, for which personal information requested may be used and that the information received will be used solely for those limited purposes and not to harass, degrade or humiliate any person. The information released shall be used for the limited purposes stated, and the Contractor further agrees to indemnify and hold harmless the City of Omaha for any liability arising out of improper use by the Contractor of information provided. 6.02 Applicable Laws. 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 term and the performance under this Agreement. 6.03 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 16 EOUAL HOUSING OPPORTUNITY ronment Policy Act of 1969. The Contractor shall not begin any rehabilitation or construction work of a Property until it receives approval by the City that all provisions of the National Environmental Policy Act of 1969 (NEPA) 14 EQUAL HOUSING OPPORTUNITY y of their duly authorized representatives, or any duly authorized representatives of the City, as approved by the Director, shall have access to any books, documents, papers, records and accounts of 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) • with the knowledge of the person or corporation contracting with the City shall render the Agreement voidable by the Mayor or Council. 6.04 Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensation Insurance as the Contractor is an Independent Contractor. 6.05 Captions. Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. 6.06 Merger. This Agreement shall not be merged into any other oral or written agreement, lease or deed of any type. 6.07 Modification. This Agreement and any related documents securing the financing contain 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 herein unless done in writing and signed by an authorized officer of the respective parties, pursuant to Section 10-142 of the Omaha Municipal Code. 6.08 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 without written direction from authorized representatives of the parties. 6.09 Termination. This Agreement may be suspended or terminated in accordance with 24 CFR 85.43, Enforcement or CFR 85.44, Termination for Convenience (Exhibit "H", attached hereto and incorporated herein by this reference as though fully set forth). Upon termination of this Agreement, all funds and interest in any account hereunder shall become the property of the City and shall be returned to the.City. The Contractor agrees that the City of Omaha shall have the right to declare the Contractor in default if the Contractor fails to furnish materials or perform work in accordance with the provisions of this Agreement. In such event, the City of Omaha shall be responsible for providing written notice to the Contractor by registered/certified mail of such default. If the Contractor fails to remedy such • default within ten (10) working days of such notice, the City shall have the right to select one or more substitute contractors. The City will assure that all substitute contractors, subcontractors, suppliers, etc. are paid from the funds 17 EQUAL HTUNOUSING OPPORITY y authorized representatives, or any duly authorized representatives of the City, as approved by the Director, shall have access to any books, documents, papers, records and accounts of 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) received from the original Contractor. Lien waivers, warranties, etc., shall be obtained just as though the original Contractor had completed the job. 6.10 Inspection. The federal government, the City and their designees shall have the right to inspect all rehabilitation work, and the Contractor will take all steps necessary to assure that the federal government, the City or their designees are permitted to examine and inspect the rehabilitation work, and all contracts, • materials, equipment, payrolls, and conditions of employment pertaining to the work, including all relevant data and records. 6.11 Unenforceable Provisions. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be in effect to the extent of such prohibition or enforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. 6.12 Conflict of Interest. The Contractor agrees to abide by the provisions of 24 CFR 92.356 with respect to conflicts of interest, and covenants that it presently has financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. The Contractor further covenants that in the performance of this Agreement no person having such a financial interest shall be employed or retained by the Contractor hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer or elected official or appointed official of the City or any designated public agencies or Contractor which are receiving funds under the entitlement program. 6.13 Disclosure of Lobbying. The Contractor shall certify and disclose, to the best of its knowledge and belief, that: 6.13.1 No federally-appropriated funds have been paid or will be paid, by or on behalf of the Contractor to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. 6.13.2 If any funds other than federally-appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,,an officer of employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit standard Form- 1 8 BOU L HOUSING OPPORTUNITY books, documents, papers, records and accounts of 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 6.13.3 The language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements), and that all subrecipients shall certify and disclose accordingly. 6.14 Notices. The City and the Contractor hereby expressly agree that for purposes of notice, including legal service or process, during the term of this Agreement, and for the period of any applicable statute of limitations thereafter, the following named individuals shall be authorized representatives of the parties: 1) City: 2) Contractor: City of Omaha Thomas F. Lamb, Sole Proprietor Planning Department Lamb's Remodeling 1819 Farnam Street 21210 Welsh Road Suite 1100 Elkhorn, Nebraska 68022 Omaha,Nebraska 68183 In the event the authorized representative changes during the term of this Agreement, prior written notice will be given to the respective party at the address noted above. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Agreement, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, his/her contractors and subcontractors, all successors, and assigns to those sanctions specified by the grant and/or loan agreement or contract through with federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 6.15 Applicability. This Agreement shall be binding upon the parties herein. 6.16 Miscellaneous Provisions. 6.16.1 That the City shall permit the Contractor to use, at no cost, existing utilities such as light, heat, power, and water necessary to the carrying out and completion of the work. 6.16.2 The parties agree that the reference to "days" in this Agreement shall mean consecutive calendar days; provided, however, that in the event 19 EQUAL HO SING OPPORTUNITY modification of any federal contract, grant, loan or cooperative agreement. 6.13.2 If any funds other than federally-appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,,an officer of employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit standard Form- 1 8 BOU L HOUSING OPPORTUNITY books, documents, papers, records and accounts of 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) the last consecutive day of the term shall be on a Sunday or legal holiday, the term shall then terminate on the next regular day. 6.16.3 The parties agree that materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor unless otherwise specified by the City. 6.16.4 The parties agree that should any dispute arise respecting the percentage of completion, the construction, the meaning of drawings or specifications, or should any dispute respecting the true value of any omitted or improper workmanship or materials, or of any loss sustained by the City, of Omaha and if the manner of estimation is not herein otherwise provided for, the same shall be determined in the following manner: Either party shall notify the other in writing that the dispute be submitted to arbitration. Within ten (10) days after such written notice, each of the parties shall meet with the Director of the Planning Department, or his/her authorized representative, and both parties agree to be bound by the decision reached as a result of this meeting. 6.16.5 As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment opportunity provisions of local, state or federal law and abide by the provisions of the attached Section 3 clause. The Contractor further agrees to comply with all requests by the governmental agency for employment agency for employment records to enforce this position. 6.16.6 The Contractor agrees to comply with affirmative action requirements mandated by Executive Order 11246 and the regulations promulgated thereunder; and the civil rights compliance ordinance of the Omaha Municipal Code. SECTION 7. WORK WRITE-UP CHECKLIST. 7.01 Work Description: Each item of work and material must be described in sufficient detail to provide a standard against which the completed work may be judged. 7.02 Price. This shall reflect.the actual price, including profit and overhead. In no case shall reimbursement to the Contractor exceed the actual amount of the funds available under this Agreement. 7.03 Schedule for Completing Work. In accordance with the payment schedule which will allow the City to monitor actual performance against estimates of what will be necessary to complete the project on time must be provided. 20 EOUAL HOUSING OPPORTUNITY influencing or attempting to influence an officer or employee of any agency, a Member of Congress,,an officer of employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit standard Form- 1 8 BOU L HOUSING OPPORTUNITY books, documents, papers, records and accounts of 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) • SECTION 8. DEFAULT PROVISIONS. 8.01 Remedies. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner any obligations under this Agreement, or violate any of the covenants, representations or agreements hereof, the City may upon written notice terminate this Agreement or such parts thereof as to this Agreement, and may initiate legal proceedings for any damages caused to the City by reasons of such default and termination. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated below: ATTEST: CITY OF OMAHA: c 6Ø2 .-vim /___ _is' ____ • . ---0?___ C CLERK OF THE CITY OF OMA M` O' OF TH CITY OF 0 MIA WITNESS:- /homas F. Lamb, Sole Proprietor, Lamb's Remodeling, 21210 Welsh Road, Elkhorn, Nebraska 68022 -IIC3-;,;.; *' Thomas F. Lamb 1/Y/2 Z)/:- I 3// a'----- Date Date APPROVED AS TO FORM: \ 776-/ d ASS STANT CITY ATTORNEY Date 21 0 EQUAL HOUSING OPPORTUNITY funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment opportunity provisions of local, state or federal law and abide by the provisions of the attached Section 3 clause. The Contractor further agrees to comply with all requests by the governmental agency for employment agency for employment records to enforce this position. 6.16.6 The Contractor agrees to comply with affirmative action requirements mandated by Executive Order 11246 and the regulations promulgated thereunder; and the civil rights compliance ordinance of the Omaha Municipal Code. SECTION 7. WORK WRITE-UP CHECKLIST. 7.01 Work Description: Each item of work and material must be described in sufficient detail to provide a standard against which the completed work may be judged. 7.02 Price. This shall reflect.the actual price, including profit and overhead. In no case shall reimbursement to the Contractor exceed the actual amount of the funds available under this Agreement. 7.03 Schedule for Completing Work. In accordance with the payment schedule which will allow the City to monitor actual performance against estimates of what will be necessary to complete the project on time must be provided. 20 EOUAL HOUSING OPPORTUNITY influencing or attempting to influence an officer or employee of any agency, a Member of Congress,,an officer of employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit standard Form- 1 8 BOU L HOUSING OPPORTUNITY books, documents, papers, records and accounts of 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) SCHEDULE OF EXHIBITS Agreement Exhibit Location Description A Bid Tab B 2.03, 2.04, Work Write-up Change Order and/or 3.04, 7.01, 7.03 Addendum if Applicable C 3.01.1 (1), 4.03.2, OMB Circular A-110 4.03.3, 4.06, 4.07 D 1.01, 3.15, 3.15.1 NDED Rehabilitation Standards E • 3.14 Davis-Bacon Exemption Checklist F 3.13 Section 504 G 4.05 OMB Circular A-87 revised H 6.09 Termination—24 CFR 85.43 — 85.44 I Articles of Incorporation, Corporate Resolution, By-laws, or Partnership Papers as applicable K 4.03.2 Financial Status Report L 3.21 Employee Classification Act M 3.20 United States Citizenship Attestation ATTACHMENTS Description 1. Equal Opportunity 2. Section 3 Clause 3. Minority and Women Business Plan 4. Soil Work Policy 5. Cost Certification 6. Lead-based Paint Procedures 7. Procurement Standards 8. Affirmative Marketing Policy Approved and revised 5/10/10 22 PORTUNITY funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment opportunity provisions of local, state or federal law and abide by the provisions of the attached Section 3 clause. The Contractor further agrees to comply with all requests by the governmental agency for employment agency for employment records to enforce this position. 6.16.6 The Contractor agrees to comply with affirmative action requirements mandated by Executive Order 11246 and the regulations promulgated thereunder; and the civil rights compliance ordinance of the Omaha Municipal Code. SECTION 7. WORK WRITE-UP CHECKLIST. 7.01 Work Description: Each item of work and material must be described in sufficient detail to provide a standard against which the completed work may be judged. 7.02 Price. This shall reflect.the actual price, including profit and overhead. In no case shall reimbursement to the Contractor exceed the actual amount of the funds available under this Agreement. 7.03 Schedule for Completing Work. In accordance with the payment schedule which will allow the City to monitor actual performance against estimates of what will be necessary to complete the project on time must be provided. 20 EOUAL HOUSING OPPORTUNITY influencing or attempting to influence an officer or employee of any agency, a Member of Congress,,an officer of employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit standard Form- 1 8 BOU L HOUSING OPPORTUNITY books, documents, papers, records and accounts of 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) C-25A CITY OF OMAHA LEGISLATIVE CHAMBER - Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha has applied for and received Community Development Block Grant (hereinafter referred to as "CDBG") Funds for implementing the Omaha-Council Bluffs Consortium Consolidated Submission for Community Planning and Development Programs.Action Plan for Fiscal Year 2012, for the creation of affordable housing opportunities for renters and owners,rarfiong other objectives; and, WHEREAS, the Mayor recommended various projects in the 2012 Consolidated Submission for Community Planning and Development Programs(Consolidated Plan); and, WHEREAS, the City Council approved the 2012 Consolidated Plan on November 8, 2012 by Resolution No. 1234, as amended, which included the CDBG 2012 Urban Homestead Program; and, WHEREAS, the lowest and best bid was received in an amount of $89,827.00 from Thomas F. Lamb, Sole Proprietor, Lamb's Remodeling, 21210 Welsh Road, Elkhorn, Nebraska 68022 to perform rehabilitation work and lead reduction work when applicable, at the property located at 4231 Ellison Avenue,Omaha,Nebraska 68111; and, WHEREAS,the project cost is $89,827.00; and, WHEREAS,this project is in the best interest of the City and the residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,the attached Agreement between the City of Omaha and Thomas F. Lamb, Sole Proprietor, Lamb's Remodeling, 21210 Welsh Road, Elkhorn, Nebraska 68022, as recommended by the Mayor, to provide Community Development Block Grant Program (CDBG) Funds in the amount of $89,827.00 for the rehabilitation and lead hazard reduction work when applicable, on the property located at 4231 Ellison Avenue, Omaha, Nebraska 68111 is hereby approved. Funds in the amount of $89,827.00 shall be paid from Omaha CDBG Funds,Fund No. 12186, Organization No. 129161. ROVED AS ORM: 1 51/0 CITY ATTO EY DATE// JJ)1730-res armaz • By Co ici member Adopted dA4cei UL:.2.:.4..2012. -2--6' C. Clerk Approved.... e Mayor imbursement to the Contractor exceed the actual amount of the funds available under this Agreement. 7.03 Schedule for Completing Work. In accordance with the payment schedule which will allow the City to monitor actual performance against estimates of what will be necessary to complete the project on time must be provided. 20 EOUAL HOUSING OPPORTUNITY influencing or attempting to influence an officer or employee of any agency, a Member of Congress,,an officer of employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit standard Form- 1 8 BOU L HOUSING OPPORTUNITY books, documents, papers, records and accounts of 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) .- • , . . . 1 - -, k.....§, I.• • ,7I -EA P" t•ri a,- ,-:,... (-) t, ,,,, p-ti ,-, , I. . , i.-,- ,-1 -- . 1 . (.,, `c) ...v) o (7,• o , 5 o i5) .?3 q V' iz, cr ,_,•• t`-) Z sy C) ,....,1'. • 0 '—' ci) , I:D . • --.1 Fi; '-'-'. 'CI P s.-., ''' 5 .-0 .cr: — 0 . 0.-+• L •:-,'"' . E, .s. , - . •••-• .•-1. a. t-ii ,-,,-t 0 Do . `‹ 0 .... . ,•+ -. 0 i . i . . = .-t I-C1 ce t,L, 0 =-' , . PD C ••••t CD CD CD = 0 0) w '• Z CD . -• <1 cr a-, g 0 0 p? -...., 4 0) . C.... CD P cr = , o ,,," = o ).--) CD 0 r= =.-cs p- =• c.>. r:" o .,-, 5--• n •-t- 7ci 0 it7.17' gt, • o" ...,'-'-0 ,..,-• w cp Fi" „.. 0 -M-' I,/ (7) i_i Gt. 'T 0 N, 6 . °.C2t IN... • n co r.....) .,---,: R. ``,..., ° E. o .4sza '"- (9) ," `-') • CI) (r' . .-t '"t 0 --, c, pa '6 • " 1........5 Cfc? '-+ PD ,-- ' • = .•-t- N.) 5 0 . •••' o a, oo -t ,..,„, ,__, .—, . o. o) 0., $:1) ,•-f• ,-01 cr (..-) _ P S t..-• d .-e CD 00 ,+ f:1, 0'''''. t...) CD ci4 0 •-t- .--. .p. C)(LCit < CD C4 = P 0 fi:), (. ' . 1 • . • • , ,,,, • ,,:,.:.,,.,.,., • . •• ,, „ . ••<.•..... ._ c---,-,-,,,,,.,)--:K:,..,T..‘,..%I.7---,..,-_-.;••• ..;,•;'•.,•,,, c.-,, , , ,,,,.....,:.;,...,.... ,,, I•., . ._ .,..) . -::i ,•. ., •,.- ..,, _,,,,,i, \ '. ' *•% • , , . ... kA. . . • \\ N.) .. . EOUAL HOUSING OPPORTUNITY influencing or attempting to influence an officer or employee of any agency, a Member of Congress,,an officer of employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit standard Form- 1 8 BOU L HOUSING OPPORTUNITY books, documents, papers, records and accounts of 13 O EQUAL HOUSING OPPORTUNITY . ?— 9 ,1 1 .II • Attestation Form,available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SION ALL COPIES Firm / G1� By Title - CONTINUATION SHEET epartment at(402)444- 5055. ..� L (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms%_1��r/ Firm: jt t /LiL /V iTt tr" Incorporated In: Delluery, r completion) Name:/if M%t 4 I - AN Signature: / v 57` .calendar days following TItlQ / Phone:ft _5 ''x 0/�,L�(♦ Fax l j, �,� 2' award Address:45z,--SO /ag Sr C�l(�Gf �vl9 65/7-7 Street/P.O.Box City State Zip Email Address: N(/v�� ei 41.4 17-1..)Gite. GOA( . G 114'n'� AO = 8: y+0ri g �c oiz��lm osm .� •• -tl...........I,4 yyo Hq 5ioma E8 >4gb1 i i, c 1 go mm 8 8 g m Am Sl Pali (B3 2 Z/ �6p g sL r ' . CO r>,0°1 m='m.vA 7 _fig p0 -o p, ` WESTPLEX s < -I ,TAaLOT 5 D SD NF D "' P � 9 equester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you are exempt from backup withholding,you should still complete this form to avoid possible backup withholding. • Professional Service Agreement—Schemmer Associates Inc. Parks & Recreation Maintenance Garage - Design Page 11 of 11 artners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011)