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RES 2012-0686 - Agmt with Bahr, Vermeer, & Haecker Architects Ltd for improvements at Gene Leahy Mall Cam' i �NIIAHA,NFL Parks, Recreation& F, 43 `1 4:1 s� RECEIVED Public Property Department ►tc►" Omaha/Douglas Civic Center n® yrfl 'LAT y f d 1819 Farnam Street,Suite 701 °F�.ayc �ck.. : G it �Ary. Omaha,Nebraska 68183-0701 ° $ 'E. K (402)444-5900 44t,FEBRVr CITY CLERK R FAX(402)444-4921 City of Omaha OMAHA, N BRASI`tA Jim Suttle,Mayor May 22, 2012 Honorable President and Members of the City Council, Attached for your consideration is a Resolution that approves a Professional Services Agreement between the City of Omaha and Bahr, Vermeer, & Haecker Architects, Ltd., in the total amount of $94,900.00, to perform professional planning services including design of lagoon, water quality improvements (dredging and liner), shoreline improvements, trail paving, bollard light replacement, and shoreline vegetation for the renovation of the Gene Leahy Mall, located at 1302 Farnam Street. Bahr, Vermeer, & Haecker Architects, Ltd. has on file a current Annual Contract Compliance Report form (CC-1). As is City Policy, the Human Rights & Relations Director will review the contractor to ensure compliance with the Contract Compliance Ordinance. Finance Department is authorized to pay the Funds to Bahr, Vermeer, &Haecker Architects, Ltd. from the 2010 Parks & Recreation Bond Fund No. 13355 and Organization No. 117317, 2012 Issue Parks & Cultures Bond. The Parks, Recreation and Public Property Department recommends the acceptance of the agreement with Bahr, Vermeer, & Haecker Architects, Ltd. and request your consideration and approval of this Resolution. Respectfully submitte , App ved: I � y roo Bench, cting Director ate Human Right and Relations Parks, Recreation and Public Property Department ederal program, the risk may be higher due to start-up or closeout of program activities and staff. (4) Type B programs with larger Federal awards expended would be of higher risk than programs with substantially smaller Federal awards expended. § .530 Criteria for a low-risk auditee. An auditee which meets all of the following conditions for each of the preceding two years (or, in the case of biennial audits, preceding two audit periods) shall qualify as. a low-risk auditee and be eligible for reduced audit coverage in accordance with §_.520 : (a) Single audits were performed on an annual basis in accordance with the provisions of this part. A non-Federal entity that has biennial audits does not qualify as a low-risk auditee, unless agreed to in advance by the cognizant or oversight agency for audit . (b) The auditor's opinions on the financial statements and the schedule of expenditures of Federal awards were unqualified. However, the cognizant or oversight agency for audit may judge that an opinion qualification does not affect the management of Federal awards and provide a waiver. (c) There were no deficiencies in internal control which were identified as material weaknesses under the requirements of GAGAS. However, the cognizant or oversight agency for audit may judge that any identified material weaknesses do not affect the management of Federal awards and provide a waiver. 32 icularly when the situations identified in the audit findings could have a significant impact on a Federal program or have not been corrected. (3) Federal programs not recently audited as major programs 31 • U.S.C. 3515) . The Federal agency shall notify the recipient and, if known, the auditor at least 180 days prior to the • 29 ties to arrive at a management decision. The following specific information shall be 27 l agency. For example, the National Institutes of Health is a major subdivision in the Department of Health and Human Services. 16 if the non-profit organization can demonstrate either of the following:(a)that such airfare was not available in the specific case;or(b)that it is the non-profit organization's overall practice to make routine use of such airfare. d. Air travel by other than commercial carrier.Costs of travel by nonprofit organization-owned,-leased,or-chartered aircraft include the cost of lease,charter,operation(including personnel costs),maintenance,depreciation, insurance,and other related costs.The portion of such costs that exceeds.the cost of allowable commercial air travel,as provided for in subparagraph)c.,is unallowable. e. Foreign travel.Direct charges for foreign travel costs are allowable only when the travel has received prior approval of the awarding agency.Each separate foreign.trip must receive such approval.For purposes of this provision, "foreign travel"includes any travel outside Canada,Mexico,the United States,and any United States territories and possessions.However',the terra"foreign travel"fora non-profit organization located in a foreign country means travel outside that country. • • http://www.whitehouse.gov/omb/circulars_a122 2004 5/4/2011 http://www.whitehouse.gov/omb/circulars_a 122_2004 5/4/2011 s from a recipient that maintains its records on otherfhan an.accrual basis, the recipient shall not he required to establish an accrual accounting system..These recipients may develop such accrual data for its reports on the basis of an analysis of the documentation on hand. http://www.whitehouse.gov/omb/circularsal 10 5/4/2011 • Page 2 Honorable President and Members of the City Council Approved as to Funding: Referred to City Council for Consideration: Pam Spaccarotella Date Ma s O ice Finance Director p:1639tmb Vicki Wilson Tederman, Executive Director 402-453-5336 Fax: 402-451-2876 Small Business Administration 10675 Bedford Avenue, Suite 100 Omaha,NE 68134 Kathleen Piper, ADD/MED 402-221-7205 Fax: 402-221-3680 Urban League of Nebraska, Inc. 3040 Lake Street Omaha,NE 68110 Thomas H. Warren, President/CEO 402-451-1066 5 Reviewed and approved 3/28/2011 nt with the City of Omaha. If you have any questions or require further assistance in completing the application package, please contact Mr. Edward Dantzler,at 444-5530. 3 Reviewed and approved 3/28/2011 Cit Clerk Approved.., . Mayor -4,2 Mayor 4 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this day of , 2012, by and between the City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as the "City"), and Bahr Vermeer Haecker Architects 1425 Jones St Omaha, NE 68102 (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. I. PROJECT NAME AND DESCRIPTION A. Gene Leahy Mall Renovation: Phase 1. i:�11Y II. DUTIES OF PROVIDER ,ABC' T,-c S A. Provider agrees to perform professional services, as set out and more fully described in the Gene Leahy Mall Renovation: Phase 1, April 16, 2012 attached hereto, for the City, relative to the above-referenced project. Such services shall be completed within a reasonable period after receipt of a purchase order from the City. B. Provider designates Gary Bowen, FAIA, Principal as its project manager and contact person for this project. C. Provider agrees to maintain records and accounts, including personnel, financial and property records, sufficient to identify and account for all costs pertaining to the project and certain other records as may be required by the City to assure a proper accounting for all project funds. These records shall be made available to the City for audit purposes and shall be retained for a period of five (5) years after the expiration of this agreement. D. Provider agrees to prepare a schedule of compensation, detailing hourly rates for all compensated providers, employees, and sub-consultants, a copy of which is provided in the attached Agreement For The Provision Of Limited Professional Services. E. Provider agrees to complete, within Ninety (90) days after receipt of a signed agreement and a formal notice to proceed from the City, all items discussed in the Scope of Services. The City recognizes that completion within this deadline is contingent upon timely meeting schedules and City input. Provider shall furnish the City with one (1) complete hard copy set of the final documents, including plans, specifications and meeting notes and one (1) complete Digital copy of all documents, including plans, specifications and meeting notes if applicable. Word documents and spread sheets shall be provided in the latest format of MS Word and Excel. Drawings, if applicable shall be provided in CAD format compatible with AutoCAD 2010. F. Provider shall be responsible for reviewing all project plans and specifications with appropriate departments and agencies for compliance with City ordinances, state and federal law, building, plumbing, electric and fire codes and other pertinent laws and regulations. Professional Service Agreement—Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 1 of 11 ions on the financial statements and the schedule of expenditures of Federal awards were unqualified. However, the cognizant or oversight agency for audit may judge that an opinion qualification does not affect the management of Federal awards and provide a waiver. (c) There were no deficiencies in internal control which were identified as material weaknesses under the requirements of GAGAS. However, the cognizant or oversight agency for audit may judge that any identified material weaknesses do not affect the management of Federal awards and provide a waiver. 32 icularly when the situations identified in the audit findings could have a significant impact on a Federal program or have not been corrected. (3) Federal programs not recently audited as major programs 31 • U.S.C. 3515) . The Federal agency shall notify the recipient and, if known, the auditor at least 180 days prior to the • 29 ties to arrive at a management decision. The following specific information shall be 27 l agency. For example, the National Institutes of Health is a major subdivision in the Department of Health and Human Services. 16 if the non-profit organization can demonstrate either of the following:(a)that such airfare was not available in the specific case;or(b)that it is the non-profit organization's overall practice to make routine use of such airfare. d. Air travel by other than commercial carrier.Costs of travel by nonprofit organization-owned,-leased,or-chartered aircraft include the cost of lease,charter,operation(including personnel costs),maintenance,depreciation, insurance,and other related costs.The portion of such costs that exceeds.the cost of allowable commercial air travel,as provided for in subparagraph)c.,is unallowable. e. Foreign travel.Direct charges for foreign travel costs are allowable only when the travel has received prior approval of the awarding agency.Each separate foreign.trip must receive such approval.For purposes of this provision, "foreign travel"includes any travel outside Canada,Mexico,the United States,and any United States territories and possessions.However',the terra"foreign travel"fora non-profit organization located in a foreign country means travel outside that country. • • http://www.whitehouse.gov/omb/circulars_a122 2004 5/4/2011 http://www.whitehouse.gov/omb/circulars_a 122_2004 5/4/2011 s from a recipient that maintains its records on otherfhan an.accrual basis, the recipient shall not he required to establish an accrual accounting system..These recipients may develop such accrual data for its reports on the basis of an analysis of the documentation on hand. http://www.whitehouse.gov/omb/circularsal 10 5/4/2011 III. DUTIES OF CITY A. City designates Pat Slaven, Park Planner II as its contact person for this project, who shall provide a notice to proceed and such other written authorizations as are necessary to commence or proceed with the project and various aspects of it. IV. COMPENSATION AND PAYMENT A. The cost of services as specified in the Scope of Services, shall be compensated on a lump sum basis, but in no event shall exceed Ninety Three Thousand Nine Hundred Dollars and No Cents ($93,900.00). The hourly basis shall be as set out in Gene Leahy Mall Renovation: Phase 1, April 16, 2012. The express written consent of the City shall be required in order to exceed said amount. B. Reimbursable expenses for Gene Leahy Mall Renovation: Phase 1 shall be billed to the City by the Provider at actual cost. Detailed itemization of such expense shall be made available to the City upon request. In no event shall such expenses exceed One Thousand Dollars and No Cents ($1000.00)without the prior written approval of the City. C. The total fee for Gene Leahy Mall Renovation: Phase 1, April 16, 2012 shall in no event exceed Ninety Four Thousand Nine Hundred Dollars and No Cents ($94,900.00). D. Provider shall complete and return to the City a W-9 form, attached as Exhibit B, as required by the City prior to any payments being made to the Provider. E. Provider shall submit periodic invoices to the City contact person, detailing services performed and the cost thereof. City shall pay such invoices within thirty (30) days after the date of the invoice. F. INCREASE OF FEES: 1. The parties hereto acknowledge that, as of the date of the execution of the Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: "Any amendment to contracts or purchases which taken alone increase the original fee as awarded a. By ten percent (10%), if the original fee is one hundred fifty thousand dollars ($150,000) or more, or b. By seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council." 2. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this section will be quoted in all future city contracts. Nothing in Professional Service Agreement-Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 2 of 11 es and other pertinent laws and regulations. Professional Service Agreement—Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 1 of 11 ions on the financial statements and the schedule of expenditures of Federal awards were unqualified. However, the cognizant or oversight agency for audit may judge that an opinion qualification does not affect the management of Federal awards and provide a waiver. (c) There were no deficiencies in internal control which were identified as material weaknesses under the requirements of GAGAS. However, the cognizant or oversight agency for audit may judge that any identified material weaknesses do not affect the management of Federal awards and provide a waiver. 32 icularly when the situations identified in the audit findings could have a significant impact on a Federal program or have not been corrected. (3) Federal programs not recently audited as major programs 31 • U.S.C. 3515) . The Federal agency shall notify the recipient and, if known, the auditor at least 180 days prior to the • 29 ties to arrive at a management decision. The following specific information shall be 27 l agency. For example, the National Institutes of Health is a major subdivision in the Department of Health and Human Services. 16 if the non-profit organization can demonstrate either of the following:(a)that such airfare was not available in the specific case;or(b)that it is the non-profit organization's overall practice to make routine use of such airfare. d. Air travel by other than commercial carrier.Costs of travel by nonprofit organization-owned,-leased,or-chartered aircraft include the cost of lease,charter,operation(including personnel costs),maintenance,depreciation, insurance,and other related costs.The portion of such costs that exceeds.the cost of allowable commercial air travel,as provided for in subparagraph)c.,is unallowable. e. Foreign travel.Direct charges for foreign travel costs are allowable only when the travel has received prior approval of the awarding agency.Each separate foreign.trip must receive such approval.For purposes of this provision, "foreign travel"includes any travel outside Canada,Mexico,the United States,and any United States territories and possessions.However',the terra"foreign travel"fora non-profit organization located in a foreign country means travel outside that country. • • http://www.whitehouse.gov/omb/circulars_a122 2004 5/4/2011 http://www.whitehouse.gov/omb/circulars_a 122_2004 5/4/2011 s from a recipient that maintains its records on otherfhan an.accrual basis, the recipient shall not he required to establish an accrual accounting system..These recipients may develop such accrual data for its reports on the basis of an analysis of the documentation on hand. http://www.whitehouse.gov/omb/circularsal 10 5/4/2011 this section is intended to alter the authority of the Mayor under section 5.16 of the Charter to approve immediate purchases. V. OWNERSHIP A. The City acknowledges the Provider's construction documents, including electronic files, as instruments of professional service. Nevertheless, upon completion of the services and payment in full of all monies due to the Provider, the final construction documents prepared under this Agreement shall become the property of the City. The City shall not reuse at another site or make any modification to the construction documents without the prior written authorization of the Provider. The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Provider, its officers, directors, employees and sub-consultants (collectively, Provider) against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising from or in any way connected with the unauthorized reuse or modification of the construction documents by the City, regardless of whether such reuse or modification is for use at the Project site or another site. VI. ADDITIONAL SERVICES A. In the event additional services for the aforementioned project not covered under this agreement are required, Provider agrees to provide such services at a mutually agreed upon cost. VII. INSURANCE REQUIREMENTS A. Provider shall carry professional liability insurance in the minimum amount of five hundred thousand dollars ($500,000) and shall carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. VI II. INDEMNIFICATION A. The Provider agrees, to the fullest extent permitted by law, to indemnify and hold harmless the City, its officers, directors and employees (collectively, City) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the Provider's negligent performance of professional services under this Agreement and that of its sub-consultants or anyone for whom the Provider is legally liable. The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Provider, its officers, directors, employees and sub- consultants (collectively, Provider) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs in connection with the Project, to the extent caused by the City's negligent acts or the negligent acts of anyone for whom the City is legally liable. Neither the City nor the Provider shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence. IX. TERMINATION OF AGREEMENT A. This agreement may be terminated by the City upon written notice to the Provider of such termination and specifying the effective date at least seven (7) days prior to the effective date of such termination. In the event of termination, the Provider shall be entitled to just and equitable payment Professional Service Agreement—Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 3 of 11 There were no deficiencies in internal control which were identified as material weaknesses under the requirements of GAGAS. However, the cognizant or oversight agency for audit may judge that any identified material weaknesses do not affect the management of Federal awards and provide a waiver. 32 icularly when the situations identified in the audit findings could have a significant impact on a Federal program or have not been corrected. (3) Federal programs not recently audited as major programs 31 • U.S.C. 3515) . The Federal agency shall notify the recipient and, if known, the auditor at least 180 days prior to the • 29 ties to arrive at a management decision. The following specific information shall be 27 l agency. For example, the National Institutes of Health is a major subdivision in the Department of Health and Human Services. 16 if the non-profit organization can demonstrate either of the following:(a)that such airfare was not available in the specific case;or(b)that it is the non-profit organization's overall practice to make routine use of such airfare. d. Air travel by other than commercial carrier.Costs of travel by nonprofit organization-owned,-leased,or-chartered aircraft include the cost of lease,charter,operation(including personnel costs),maintenance,depreciation, insurance,and other related costs.The portion of such costs that exceeds.the cost of allowable commercial air travel,as provided for in subparagraph)c.,is unallowable. e. Foreign travel.Direct charges for foreign travel costs are allowable only when the travel has received prior approval of the awarding agency.Each separate foreign.trip must receive such approval.For purposes of this provision, "foreign travel"includes any travel outside Canada,Mexico,the United States,and any United States territories and possessions.However',the terra"foreign travel"fora non-profit organization located in a foreign country means travel outside that country. • • http://www.whitehouse.gov/omb/circulars_a122 2004 5/4/2011 http://www.whitehouse.gov/omb/circulars_a 122_2004 5/4/2011 s from a recipient that maintains its records on otherfhan an.accrual basis, the recipient shall not he required to establish an accrual accounting system..These recipients may develop such accrual data for its reports on the basis of an analysis of the documentation on hand. http://www.whitehouse.gov/omb/circularsal 10 5/4/2011 for services rendered to the date of termination, and all finished or unfinished documents, data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City's option, its property. X. GENERAL CONDITIONS A. Non-discrimination. Provider shall not, in the performance of this agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations or national origin or disability/handicap in the selection of sub-consultants, including procurements of materials and leases of equipment as recognized under 42 USCS 12101 et seq. and Omaha Municipal Code section 13-89. B. Captions. Captions used in this agreement are for convenience and are not used in the construction of this agreement. C. Applicable law. Parties to this agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and all existing and applicable rules and • regulations. Nebraska law will govern the terms and the performance under this agreement. D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the agreement voidable by the Mayor or Council. E. Interest of the Provider. The Provider covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this agreement; he further covenants that in the performance of this agreement, no person having any such interest shall be employed. F. Merger. This agreement shall not be merged into any other oral or written agreement, lease or deed of any type. This is the complete and full agreement of the parties. G. Modification. This agreement contains the entire agreement of the parties. No representations were made or relied upon by either party other than those that are expressly set forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. H. Assignment. The Provider may not assign its rights under this agreement without the express prior written consent of the City. I. Strict compliance. All provisions of this agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from authorized representative. J. Contract compliance Ordinance No. 35344, Section 10-192 — Equal Employment Opportunity Clause. During the performance of this contract, the Consultant agrees as follows: Professional Service Agreement—Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 4 of 11 1 There were no deficiencies in internal control which were identified as material weaknesses under the requirements of GAGAS. However, the cognizant or oversight agency for audit may judge that any identified material weaknesses do not affect the management of Federal awards and provide a waiver. 32 icularly when the situations identified in the audit findings could have a significant impact on a Federal program or have not been corrected. (3) Federal programs not recently audited as major programs 31 • U.S.C. 3515) . The Federal agency shall notify the recipient and, if known, the auditor at least 180 days prior to the • 29 ties to arrive at a management decision. The following specific information shall be 27 l agency. For example, the National Institutes of Health is a major subdivision in the Department of Health and Human Services. 16 if the non-profit organization can demonstrate either of the following:(a)that such airfare was not available in the specific case;or(b)that it is the non-profit organization's overall practice to make routine use of such airfare. d. Air travel by other than commercial carrier.Costs of travel by nonprofit organization-owned,-leased,or-chartered aircraft include the cost of lease,charter,operation(including personnel costs),maintenance,depreciation, insurance,and other related costs.The portion of such costs that exceeds.the cost of allowable commercial air travel,as provided for in subparagraph)c.,is unallowable. e. Foreign travel.Direct charges for foreign travel costs are allowable only when the travel has received prior approval of the awarding agency.Each separate foreign.trip must receive such approval.For purposes of this provision, "foreign travel"includes any travel outside Canada,Mexico,the United States,and any United States territories and possessions.However',the terra"foreign travel"fora non-profit organization located in a foreign country means travel outside that country. • • http://www.whitehouse.gov/omb/circulars_a122 2004 5/4/2011 http://www.whitehouse.gov/omb/circulars_a 122_2004 5/4/2011 s from a recipient that maintains its records on otherfhan an.accrual basis, the recipient shall not he required to establish an accrual accounting system..These recipients may develop such accrual data for its reports on the basis of an analysis of the documentation on hand. http://www.whitehouse.gov/omb/circularsal 10 5/4/2011 1) The Consultant shall not discriminate against any employee applicant for employment because of race, religion, color, sex, age, sexual orientation, gender identity, disability, or national origin as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-89. The Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, age, sexual orientation, gender identity, or national origin. The Consultant shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether advertising or by other means; compensated; selected for training; laid off; and terminated. The Consultant agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. 2) The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, age, sexual orientation, gender identity, disability, or national origin. 3) The Consultant shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the Consultant's commitments under the equal employment opportunity clause of the City and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The Consultant shall furnish to the contract compliance officer all federal forms containing the information and reports required by the federal government for federal contracts under federal rules and regulations, and including the information required by section 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the contract compliance officer shall be those which are related to paragraphs (1) through (7) of this subsection and only after reasonable notice is given the Consultant. The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5) The Consultant shall take such actions with respect to any sub-consultant as the city may direct as a means of enforcing the provisions of paragraphs (1) through (7) herein, including penalties and sanctions for noncompliance; however, in the event the Consultant becomes involved in or is threatened with litigation as the result of such direction by the City, the City will enter into such litigation as is necessary to protect the interests of the City and to effectuate these provisions (of this division); and in the case of contracts receiving federal assistance, the Consultant or the City may request the United States to enter into such litigation to protect the interests of the United States. 6) The Consultant shall file and shall cause his sub-consultants, if any to file compliance reports with the Consultant in the same form and to the same extent as required by the federal Professional Service Agreement—Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 5 of 11 l program or have not been corrected. (3) Federal programs not recently audited as major programs 31 • U.S.C. 3515) . The Federal agency shall notify the recipient and, if known, the auditor at least 180 days prior to the • 29 ties to arrive at a management decision. The following specific information shall be 27 l agency. For example, the National Institutes of Health is a major subdivision in the Department of Health and Human Services. 16 if the non-profit organization can demonstrate either of the following:(a)that such airfare was not available in the specific case;or(b)that it is the non-profit organization's overall practice to make routine use of such airfare. d. Air travel by other than commercial carrier.Costs of travel by nonprofit organization-owned,-leased,or-chartered aircraft include the cost of lease,charter,operation(including personnel costs),maintenance,depreciation, insurance,and other related costs.The portion of such costs that exceeds.the cost of allowable commercial air travel,as provided for in subparagraph)c.,is unallowable. e. Foreign travel.Direct charges for foreign travel costs are allowable only when the travel has received prior approval of the awarding agency.Each separate foreign.trip must receive such approval.For purposes of this provision, "foreign travel"includes any travel outside Canada,Mexico,the United States,and any United States territories and possessions.However',the terra"foreign travel"fora non-profit organization located in a foreign country means travel outside that country. • • http://www.whitehouse.gov/omb/circulars_a122 2004 5/4/2011 http://www.whitehouse.gov/omb/circulars_a 122_2004 5/4/2011 s from a recipient that maintains its records on otherfhan an.accrual basis, the recipient shall not he required to establish an accrual accounting system..These recipients may develop such accrual data for its reports on the basis of an analysis of the documentation on hand. http://www.whitehouse.gov/omb/circularsal 10 5/4/2011 government for federal contracts under federal rules and regulations. Such compliance reports shall be filed with the contract compliance officer. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs, and statistics of the Consultant and his sub-consultants. 7) The Consultant shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such provisions will be binding upon each sub-consultants or vendor. K. New Employee Work Eligibility Status—LB 403 Contract Provisions. 1) The Consultant is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reformation and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. 2) If the Consultant is an individual or sole proprietorship, the following applies: a. The Consultant must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us. b. If the Consultant indicates on such attestation form that he or she is a qualified alien, the Consultant agrees to provide the US Citizenship and Immigration Services documentation required to verify the Consultant's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE) Program. c. The Consultant understands and agrees that lawful presence in the United States is required and the Consultant may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. L. Independent Contractor. It is understood and agreed by and between the parties that any and all acts that the Provider or its employees, agents, contractors, or servants perform pursuant to the terms of the Agreement shall be undertaken as independent contractors and not as employees of the City. Neither Provider nor any of its employees or agents shall be construed to be the employee or agent of the City for any purpose whatsoever. Provider shall not be entitled to any benefits of the City. The City shall not provide any insurance coverage to the Provider or its respective employees including, but not limited to workers' compensation insurance. Provider and the City shall be responsible for all reports, obligations, and payments pertaining to social security taxation, income tax withholding, workers' compensation, unemployment compensation, group insurance coverage, collective bargaining agreements, or any other such similar matters. Provider shall have no authority to bind the City by or with any contract or agreement, nor to impose any liability upon the City. All Professional Service Agreement—Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 6 of 11 ile compliance reports with the Consultant in the same form and to the same extent as required by the federal Professional Service Agreement—Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 5 of 11 l program or have not been corrected. (3) Federal programs not recently audited as major programs 31 • U.S.C. 3515) . The Federal agency shall notify the recipient and, if known, the auditor at least 180 days prior to the • 29 ties to arrive at a management decision. The following specific information shall be 27 l agency. For example, the National Institutes of Health is a major subdivision in the Department of Health and Human Services. 16 if the non-profit organization can demonstrate either of the following:(a)that such airfare was not available in the specific case;or(b)that it is the non-profit organization's overall practice to make routine use of such airfare. d. Air travel by other than commercial carrier.Costs of travel by nonprofit organization-owned,-leased,or-chartered aircraft include the cost of lease,charter,operation(including personnel costs),maintenance,depreciation, insurance,and other related costs.The portion of such costs that exceeds.the cost of allowable commercial air travel,as provided for in subparagraph)c.,is unallowable. e. Foreign travel.Direct charges for foreign travel costs are allowable only when the travel has received prior approval of the awarding agency.Each separate foreign.trip must receive such approval.For purposes of this provision, "foreign travel"includes any travel outside Canada,Mexico,the United States,and any United States territories and possessions.However',the terra"foreign travel"fora non-profit organization located in a foreign country means travel outside that country. • • http://www.whitehouse.gov/omb/circulars_a122 2004 5/4/2011 http://www.whitehouse.gov/omb/circulars_a 122_2004 5/4/2011 s from a recipient that maintains its records on otherfhan an.accrual basis, the recipient shall not he required to establish an accrual accounting system..These recipients may develop such accrual data for its reports on the basis of an analysis of the documentation on hand. http://www.whitehouse.gov/omb/circularsal 10 5/4/2011 acts and contracts of the Provider shall be in its own name and not in the name of the City, unless otherwise provided herein. EXECUTED this flith day of Al , 2012. 1 by 07,1eq off‘#?/14- PX TNESS TITLE EXECUTED this cay` day of A14 , 2012. `/ City of Omaha, a Municipal Corp. �� pp Ci% V$W by OP,, �l<< oufG, City Clerk uttle, ayor City of Orr(aha ity of Omaha APPROVED AS TO FO ANT CM/ATTORNEY Professional Service Agreement—Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 7 of 11 assistance in completing the application package, please contact Mr. Edward Dantzler,at 444-5530. 3 Reviewed and approved 3/28/2011 Cit Clerk Approved.., . Mayor -4,2 Mayor EXHIBIT "A" Revised: 6/2011 Utilization of Small and Emerging Small Businesses It is the policy of the City of Omaha that Small and Emerging Small Businesses shall have the maximum practicable opportunity to participate in City of Omaha projects. With regard to this project, the following Certified Professional Service Provider(s) have been identified and contracted with to perform the identified project tasks: Scope of work Projected or project commence Name of small tasks to be ment and Agreed price or emerging Address performed completion with SBIESB Percentage small business date of work (%) /linnet% D. /90/ N.9/tr trAucry AI. JoNE1,1o(). l.�ftirafft trivet. ow,akdk t' ,,, Ade; ocr 1, ZotL �19-,9ov • /6 V. Assoc. P.G. Nt. 6df/gt� Totals it/ 9 io /6 Vo CERTIFICATION The undersigned certifies that he/she is legally authorized by the Provider to make the statements and representations regarding small and/or emerging small business participation and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s) with the identified small and/or emerging small business(es) (which are otherwise deemed by the City of Omaha to be technically responsible to perform the work) at the price(s) set forth in this Exhibit conditioned upon execution of this Agreement by the Provider with the City of Omaha. The undersigned/Provider agrees that if any of the representations made regarding utilization of small and/or emerging small business by the Provider knowing them to be false, or if there is a failure by the Provider to implement the stated agreements, intentions, objectives, goals, and comments set forth herein without prior approval of the Public Works Director, such action shall constitute a material breach of the agreement, entitling the City of Omaha to terminate the Agreement for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Agreement, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally, the undersigned/Provider will be subject to the terms of any future professional service awards. Professional Service Agreement-Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 8 of 11 ployees or agents shall be construed to be the employee or agent of the City for any purpose whatsoever. Provider shall not be entitled to any benefits of the City. The City shall not provide any insurance coverage to the Provider or its respective employees including, but not limited to workers' compensation insurance. Provider and the City shall be responsible for all reports, obligations, and payments pertaining to social security taxation, income tax withholding, workers' compensation, unemployment compensation, group insurance coverage, collective bargaining agreements, or any other such similar matters. Provider shall have no authority to bind the City by or with any contract or agreement, nor to impose any liability upon the City. All Professional Service Agreement—Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 6 of 11 ile compliance reports with the Consultant in the same form and to the same extent as required by the federal Professional Service Agreement—Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 5 of 11 l program or have not been corrected. (3) Federal programs not recently audited as major programs 31 • U.S.C. 3515) . The Federal agency shall notify the recipient and, if known, the auditor at least 180 days prior to the • 29 ties to arrive at a management decision. The following specific information shall be 27 l agency. For example, the National Institutes of Health is a major subdivision in the Department of Health and Human Services. 16 if the non-profit organization can demonstrate either of the following:(a)that such airfare was not available in the specific case;or(b)that it is the non-profit organization's overall practice to make routine use of such airfare. d. Air travel by other than commercial carrier.Costs of travel by nonprofit organization-owned,-leased,or-chartered aircraft include the cost of lease,charter,operation(including personnel costs),maintenance,depreciation, insurance,and other related costs.The portion of such costs that exceeds.the cost of allowable commercial air travel,as provided for in subparagraph)c.,is unallowable. e. Foreign travel.Direct charges for foreign travel costs are allowable only when the travel has received prior approval of the awarding agency.Each separate foreign.trip must receive such approval.For purposes of this provision, "foreign travel"includes any travel outside Canada,Mexico,the United States,and any United States territories and possessions.However',the terra"foreign travel"fora non-profit organization located in a foreign country means travel outside that country. • • http://www.whitehouse.gov/omb/circulars_a122 2004 5/4/2011 http://www.whitehouse.gov/omb/circulars_a 122_2004 5/4/2011 s from a recipient that maintains its records on otherfhan an.accrual basis, the recipient shall not he required to establish an accrual accounting system..These recipients may develop such accrual data for its reports on the basis of an analysis of the documentation on hand. http://www.whitehouse.gov/omb/circularsal 10 5/4/2011 Signature007,42 bk140 ‘ Title / i h el,' el Date of Signing /44 8, 20IZ. Firm or Corporate Name alsr, Veseneev, /Vocc%ey nv/4t4Iccf1, Lr0 Address /4'2S VoAtex f r Telephone Number 3 30 6 0 0140h4), f"e . 649/o2- End Of Exhibit"A" Professional Service Agreement-Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 9 of 11 City of Orr(aha ity of Omaha APPROVED AS TO FO ANT CM/ATTORNEY Professional Service Agreement—Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 7 of 11 assistance in completing the application package, please contact Mr. Edward Dantzler,at 444-5530. 3 Reviewed and approved 3/28/2011 Cit Clerk Approved.., . Mayor -4,2 Mayor EXHIBIT B a°`a'ae NFa ' i'iii inanrtmentvic Centeruite 1004183-1004 444-5416• 5464150 "reo FeaR`> • Pam Spaccarotella City of Omaha SUBSTITUTE W9 FORM Director Jim Suttie,Mayor Allen R.Herink- • Ciry Comptroller Federal regulations require us to obtain and report'accurate Taxpayer Identification Numbers(TINS)on payees of certain • types of payments made by the City of Omaha. This information is reported each year to the Internal Revenue Service on Form 1099.Failure to receive and file accurate information can result in the withholding of 30%federal income tax from any future payments we would make to you,as well as other penalties. Please provide the information requested on the bottom of this letter and return it to us in the enclosed envelope within 30 days.The completed form may also be faxed to the attention of Dance Mahr at(402) 444-5026. If you have any questions on how to complete this form,please see attached Instructions or contact Dance Mahr at(402)444.4699. Since payments to corporations are currently exempt,• please provide the Information to assure such payments are not reported. However,corporations providing medical and health care services as well as attorneys/law firms are reportable. This form must be completed and returned to verify that the information on file is correct. Your cooperation is very much appreciated. Thank you. Please complete.thls lower portion In full. TAXPAYER IDENTIFICATION NUMBER: (Fill only one) TYPE OF TAXPAYER: (Check one) Social Security No. OR 0 Individual/Sole Proprietor Employer Identificationio No. 0 C Corporation 47 0 sr�/Q 3 L. O S Corporation VPartnership Limited Liability Company.Enter the tax classification(C=C Corporation, NAME&ADDRESS INFORMATION: (Please print or type) 0 S=S Corporation,P=Partnership) 0 Other(see Instructions) O Trustee• ) Name: t Business Na e: (as it matches to IRS records) 'tC�fl GTO GaAIr, vcv-+.err HaecIree If'rott?/ , . Address: (Number street,apartment or suite number) Vswe,r sr• City Omaha State: NC • ZIP Code: $I07. • CERTIFICATION: Under penalties of perjury,I certify that: The number shown on this form is my correct Taxpayer Identification Number(of I am waiting for a number to 1. be issued to me),and • 2. I am not subject to back withholding because(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all Interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S.person(including a U.S.resident alien). Signature: Printed Name of Signee Davy l e vve Ar Professional Service Agreement-Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 10 of 11 r with any contract or agreement, nor to impose any liability upon the City. All Professional Service Agreement—Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 6 of 11 ile compliance reports with the Consultant in the same form and to the same extent as required by the federal Professional Service Agreement—Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 5 of 11 l program or have not been corrected. (3) Federal programs not recently audited as major programs 31 • U.S.C. 3515) . The Federal agency shall notify the recipient and, if known, the auditor at least 180 days prior to the • 29 ties to arrive at a management decision. The following specific information shall be 27 l agency. For example, the National Institutes of Health is a major subdivision in the Department of Health and Human Services. 16 if the non-profit organization can demonstrate either of the following:(a)that such airfare was not available in the specific case;or(b)that it is the non-profit organization's overall practice to make routine use of such airfare. d. Air travel by other than commercial carrier.Costs of travel by nonprofit organization-owned,-leased,or-chartered aircraft include the cost of lease,charter,operation(including personnel costs),maintenance,depreciation, insurance,and other related costs.The portion of such costs that exceeds.the cost of allowable commercial air travel,as provided for in subparagraph)c.,is unallowable. e. Foreign travel.Direct charges for foreign travel costs are allowable only when the travel has received prior approval of the awarding agency.Each separate foreign.trip must receive such approval.For purposes of this provision, "foreign travel"includes any travel outside Canada,Mexico,the United States,and any United States territories and possessions.However',the terra"foreign travel"fora non-profit organization located in a foreign country means travel outside that country. • • http://www.whitehouse.gov/omb/circulars_a122 2004 5/4/2011 http://www.whitehouse.gov/omb/circulars_a 122_2004 5/4/2011 s from a recipient that maintains its records on otherfhan an.accrual basis, the recipient shall not he required to establish an accrual accounting system..These recipients may develop such accrual data for its reports on the basis of an analysis of the documentation on hand. http://www.whitehouse.gov/omb/circularsal 10 5/4/2011 • Specific Instructions Name: if you are an individual,you must generally enter the name shown on your social security card. However,if you have changed your last name for Instance,due to marriage without informing the Social Security Administration of the name change,enter your first name,the last name shown on your social security card,and your new last name. • If the account is in joint names,list first,and then circle,the name of the person or entity whose number you entered in Part I of the form. Sole proprietor: Enter your individual name as shown on your social security card on the"Name"line. You may enter your business, trade,or"doing business as(DBA)"name on the"Business name"line. Limited Liability Company(LLC). If you are a single-member LLC(including a foreign LLC with a domestic owner)that is disregarded as an entity separate from Its owner under Treasury regulations section 301.7701-3,enter the owner's name on the"name"line. Enter the liC's name on the"Business name"line. Other entitles: Enter your business name as show n on required Federal tax documents on the"Name"line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business,trade,or DBA name on the"Business name"line.'If the account is in joint names,list first,and then circle,the name of the person or entity whose number you entered in Part I of the form. Note: You are requested to check the appropriate box for your status(individuals/sole-proprietor,corporation,etc.) What Name and Number to Give the Requester For This Type of Account: Give Name and SSN of: 1. individual The Individual 2. Two or more individuals(joint account) The actual owner of the account or,if combined funds, the first individual on the account. 4. a. The usual revocable savings trust(grantor is also trustee) The grantor-trustees b. So-called trust account that is not a legal or valid trust under state The actual owners law. . 5. Sole proprietorship or single-owner LLC The Owner' For This Type of Account: Give Name and EIN of: 6. Sole proprietorship or single-owner LLC The Owners • 7. A valid_trust,estate,,or pension trust. Legal Entitys 8. Corporate or LLC electing corporate status on Form 8832 The Corporation 9. Association, club, religious, charitable, educational, or other tax- The Organization exempt organization 10. Partnership or Multimember LLC The Partnership 11. A broker or registered nominee The Broker or nominee s list first and circle the name of the person whose number you furnish.If only one person on a joint account has an SSN,that person's number must be furnished. 'You must show your individual name,but you may also enter your business or"DBA"name.You may use either SSN or EIN(if you have one), 'List first and circle the name of the legal trust,estate,or pension trust. (Do not furnish the TIN of The personal representative or trustee unless the legal entity itself is not designated in the account title). What is backup withholding?Persons making certain payments to you must under certain conditions withhold and pay to the IRS 30%of such payments(29%after December 31,2033;28%after December 2005).This is called"backup withholding."Payments that may be subject to backup withholding include interest, dividends,broker and barter exchange transactions, rents, royalties,non-employee pay,and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester,or 2. You do not certify your TIN when required (see the Part II Instructions on page 4 for details),or You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN,make the proper certifications,and report all your taxable interest and dividends on your tax return. . 3. The IRS tells the requester that you furnished an Incorrect TiN,or 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only),or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above(for reportable interest and dividend accounts opened after 1983 only). Penalties Failure to furnish TIN. If you fall to furnish your correct TIN to a requester,you are subject to a penalty of$50.00 for each such Failure unless your failure is due to reasonable cause and not to willful neglect. Misuse of TINS.if the requester discloses or uses TINS in violation of Federal law,the requester may be subject to civil and criminal penalties. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties Including fines and/or imprisonment. Misuse of TINS.If the requester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you ore exempt from backup withholding,you should still complete this form to avoid possible backup withholding. Professional Service Agreement-Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 11 of 11 untry means travel outside that country. • • http://www.whitehouse.gov/omb/circulars_a122 2004 5/4/2011 http://www.whitehouse.gov/omb/circulars_a 122_2004 5/4/2011 s from a recipient that maintains its records on otherfhan an.accrual basis, the recipient shall not he required to establish an accrual accounting system..These recipients may develop such accrual data for its reports on the basis of an analysis of the documentation on hand. http://www.whitehouse.gov/omb/circularsal 10 5/4/2011 8 V H eNQ-+r'iw�s5 16 April 2012 • Ms. Pat Slaven City of Omaha Parks and Recreation Department 1819 Farnam St Ste 701 Omaha NE 68183 RE: Gene Leahy Mall Renovation: Phase 1 Proposal for Architectural Services BVH #M12015 Dear Pat, BVH Architects is pleased to present this proposal for Phase 1 work to renovate portions of the Gene Leahy Mall. The proposal includes the following components: I. SCOPE OF PROJECT: A. Architectural and Project Management BVH ARCHITECTS SCOPE OUTLINE • City of Omaha/Design team liaison. • Oversight and management of the Architect/Engineer Design team. • Overall design coordination. • Schedule management. • Contract and fee negotiation with City of Omaha and engineering consultants. • Development of Architectural-related details and documents. • Provide and coordinate cost estimates. • Coordination and preparation of Schematic Design (20%), Design Development (20%) and Contract Document (60%) packages for City of Omaha review. • Assistance during bidding phase. • Review and analysis of bids. • Attendance at project-related meetings. • BAHR VERMEER HAECKER ARCHITECTS 1425 JONES STREET OMAHA NE 68102 402 345 3060 440 N 8TH STREET STE 100 LINCOLN NE 68508 402 475 4551 bvh.com etor,corporation,etc.) What Name and Number to Give the Requester For This Type of Account: Give Name and SSN of: 1. individual The Individual 2. Two or more individuals(joint account) The actual owner of the account or,if combined funds, the first individual on the account. 4. a. The usual revocable savings trust(grantor is also trustee) The grantor-trustees b. So-called trust account that is not a legal or valid trust under state The actual owners law. . 5. Sole proprietorship or single-owner LLC The Owner' For This Type of Account: Give Name and EIN of: 6. Sole proprietorship or single-owner LLC The Owners • 7. A valid_trust,estate,,or pension trust. Legal Entitys 8. Corporate or LLC electing corporate status on Form 8832 The Corporation 9. Association, club, religious, charitable, educational, or other tax- The Organization exempt organization 10. Partnership or Multimember LLC The Partnership 11. A broker or registered nominee The Broker or nominee s list first and circle the name of the person whose number you furnish.If only one person on a joint account has an SSN,that person's number must be furnished. 'You must show your individual name,but you may also enter your business or"DBA"name.You may use either SSN or EIN(if you have one), 'List first and circle the name of the legal trust,estate,or pension trust. (Do not furnish the TIN of The personal representative or trustee unless the legal entity itself is not designated in the account title). What is backup withholding?Persons making certain payments to you must under certain conditions withhold and pay to the IRS 30%of such payments(29%after December 31,2033;28%after December 2005).This is called"backup withholding."Payments that may be subject to backup withholding include interest, dividends,broker and barter exchange transactions, rents, royalties,non-employee pay,and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester,or 2. You do not certify your TIN when required (see the Part II Instructions on page 4 for details),or You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN,make the proper certifications,and report all your taxable interest and dividends on your tax return. . 3. The IRS tells the requester that you furnished an Incorrect TiN,or 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only),or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above(for reportable interest and dividend accounts opened after 1983 only). Penalties Failure to furnish TIN. If you fall to furnish your correct TIN to a requester,you are subject to a penalty of$50.00 for each such Failure unless your failure is due to reasonable cause and not to willful neglect. Misuse of TINS.if the requester discloses or uses TINS in violation of Federal law,the requester may be subject to civil and criminal penalties. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties Including fines and/or imprisonment. Misuse of TINS.If the requester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you ore exempt from backup withholding,you should still complete this form to avoid possible backup withholding. Professional Service Agreement-Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 11 of 11 untry means travel outside that country. • • http://www.whitehouse.gov/omb/circulars_a122 2004 5/4/2011 http://www.whitehouse.gov/omb/circulars_a 122_2004 5/4/2011 s from a recipient that maintains its records on otherfhan an.accrual basis, the recipient shall not he required to establish an accrual accounting system..These recipients may develop such accrual data for its reports on the basis of an analysis of the documentation on hand. http://www.whitehouse.gov/omb/circularsal 10 5/4/2011 • City of Omaha 16 April 2012 B V H Page 2 of 4 KFk.r.i CC*b B. Structural Engineering LATHRUM AND ASSOCIATES SCOPE OUTLINE (See Exhibit B) • Survey conditions of existing lagoon edges, rock retaining walls, lagoon edge walkways, wooden plank walkways, light pole bases and other structurally related components. • Recommend options for structural upgrades and repairs. • Structural design and documentation. • Interface with Owner, Architect and engineering consultants. • Assistance during bidding phase. C. Civil Engineering LAMP, RYNEARSON AND ASSOCIATES SCOPE OUTLINE (See Exhibit A) • Provide a topographic survey of the entire mall. • Research applicable governmental agency jurisdictional requirements. • Assist to develop concept plan for mall. • Submit concept plan to applicable governmental agencies. • Develop construction documents for removals, pond dredging, pond liner, pond soft edge, grading and storm water pollution prevention, sidewalk replacement and planting plan. • Prepare cost estimate for civil engineering work. • Prepare and submit final contract documents to applicable governmental agencies for review and approval. • Interface with Owner, Architect and other engineering consultants. • Assist during bidding phase. • Review and analysis of bids. II. COMPENSATION FOR PROFESSIONAL SERVICES For the above described work, we propose the following fixed lump sum fee: 1. BVH Architects $32,700.00 2. Lath rum Associates $14,900.00 3. Lamp Rynearson Associates $46,300.00 Total Basic Services Fixed Fee: 93,900.00 4. Reimbursables: Not to Exceed $1,000.00 Total Fee 94,900.00 BAHR VERMEER HAECKER ARCHITECTS 1425 JONES STREET OMAHA NE 68102 402 345 3060 440 N 8TH STREET STE 100 LINCOLN NE 68508 402 475 4551 bvh.com The Owner' For This Type of Account: Give Name and EIN of: 6. Sole proprietorship or single-owner LLC The Owners • 7. A valid_trust,estate,,or pension trust. Legal Entitys 8. Corporate or LLC electing corporate status on Form 8832 The Corporation 9. Association, club, religious, charitable, educational, or other tax- The Organization exempt organization 10. Partnership or Multimember LLC The Partnership 11. A broker or registered nominee The Broker or nominee s list first and circle the name of the person whose number you furnish.If only one person on a joint account has an SSN,that person's number must be furnished. 'You must show your individual name,but you may also enter your business or"DBA"name.You may use either SSN or EIN(if you have one), 'List first and circle the name of the legal trust,estate,or pension trust. (Do not furnish the TIN of The personal representative or trustee unless the legal entity itself is not designated in the account title). What is backup withholding?Persons making certain payments to you must under certain conditions withhold and pay to the IRS 30%of such payments(29%after December 31,2033;28%after December 2005).This is called"backup withholding."Payments that may be subject to backup withholding include interest, dividends,broker and barter exchange transactions, rents, royalties,non-employee pay,and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester,or 2. You do not certify your TIN when required (see the Part II Instructions on page 4 for details),or You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN,make the proper certifications,and report all your taxable interest and dividends on your tax return. . 3. The IRS tells the requester that you furnished an Incorrect TiN,or 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only),or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above(for reportable interest and dividend accounts opened after 1983 only). Penalties Failure to furnish TIN. If you fall to furnish your correct TIN to a requester,you are subject to a penalty of$50.00 for each such Failure unless your failure is due to reasonable cause and not to willful neglect. Misuse of TINS.if the requester discloses or uses TINS in violation of Federal law,the requester may be subject to civil and criminal penalties. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties Including fines and/or imprisonment. Misuse of TINS.If the requester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you ore exempt from backup withholding,you should still complete this form to avoid possible backup withholding. Professional Service Agreement-Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 11 of 11 untry means travel outside that country. • • http://www.whitehouse.gov/omb/circulars_a122 2004 5/4/2011 http://www.whitehouse.gov/omb/circulars_a 122_2004 5/4/2011 s from a recipient that maintains its records on otherfhan an.accrual basis, the recipient shall not he required to establish an accrual accounting system..These recipients may develop such accrual data for its reports on the basis of an analysis of the documentation on hand. http://www.whitehouse.gov/omb/circularsal 10 5/4/2011 , ICity of Omaha 16 April 2012 h B V H ll Page 3of4 s ---w,r. Reimbursable Expenses, which may include but not be limited to printing, staff out-of-town travel, long-distance telephone calls, fees for governmental agency review, filings, permits or fees are in addition to the basic professional design services listed above and will be billed at our invoice cost times 1.10. If requested and authorized in writing, additional services not included in the scope outline above, will be provided on an hourly basis. III. BILLING a. Billing is done on a four-week schedule. Payment is due upon receipt of invoice. A late fee of 1.25% (15% annualized) will be made on unpaid balances twenty-eight (28) days past due. IV. MISCELLANEOUS PROVISIONS a. The Architect will endeavor to design for accessibility by persons with disabilities in conformance with the provisions and references in applicable state or local building codes and the technical design requirements of the Americans with Disabilities Act (ADA) in effect as of the date of completion of the design to the extent those statutes apply to the Project. b. The Drawings, Specifications, and other documents, whether in hard copy or machine readable form (CADD or disk), prepared by the Architect and marked with the copyright symbol (©) for this project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all copyright interests. This is to include all sketches and renderings, hand-drawn or computer-generated, and the use or reproduction of same for news releases or any other purposes is to be done only with the permission of and with credit given to the Architect. If this proposal is acceptable, a formal Owner/Consultant Agreement will be prepared for signature. Thank you for this opportunity to continue our involvement with the Gene Leahy Mall. Respectfully, BAHR VERMEER & H CKER ARCHITECTS, LTD. . Gary Bowen, FAIA Principal BAHR VERMEER HAECKER ARCHITECTS 1425 JONES STREET OMAHA NE 68102 402 345 3060 440 N 8TH STREET STE 100 LINCOLN NE 68508 402 475 4551 bvh.com . exempt organization 10. Partnership or Multimember LLC The Partnership 11. A broker or registered nominee The Broker or nominee s list first and circle the name of the person whose number you furnish.If only one person on a joint account has an SSN,that person's number must be furnished. 'You must show your individual name,but you may also enter your business or"DBA"name.You may use either SSN or EIN(if you have one), 'List first and circle the name of the legal trust,estate,or pension trust. (Do not furnish the TIN of The personal representative or trustee unless the legal entity itself is not designated in the account title). What is backup withholding?Persons making certain payments to you must under certain conditions withhold and pay to the IRS 30%of such payments(29%after December 31,2033;28%after December 2005).This is called"backup withholding."Payments that may be subject to backup withholding include interest, dividends,broker and barter exchange transactions, rents, royalties,non-employee pay,and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester,or 2. You do not certify your TIN when required (see the Part II Instructions on page 4 for details),or You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN,make the proper certifications,and report all your taxable interest and dividends on your tax return. . 3. The IRS tells the requester that you furnished an Incorrect TiN,or 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only),or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above(for reportable interest and dividend accounts opened after 1983 only). Penalties Failure to furnish TIN. If you fall to furnish your correct TIN to a requester,you are subject to a penalty of$50.00 for each such Failure unless your failure is due to reasonable cause and not to willful neglect. Misuse of TINS.if the requester discloses or uses TINS in violation of Federal law,the requester may be subject to civil and criminal penalties. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties Including fines and/or imprisonment. Misuse of TINS.If the requester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you ore exempt from backup withholding,you should still complete this form to avoid possible backup withholding. Professional Service Agreement-Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 11 of 11 untry means travel outside that country. • • http://www.whitehouse.gov/omb/circulars_a122 2004 5/4/2011 http://www.whitehouse.gov/omb/circulars_a 122_2004 5/4/2011 s from a recipient that maintains its records on otherfhan an.accrual basis, the recipient shall not he required to establish an accrual accounting system..These recipients may develop such accrual data for its reports on the basis of an analysis of the documentation on hand. http://www.whitehouse.gov/omb/circularsal 10 5/4/2011 • City of Omaha 16 April 2012 B V H Page 4 of 4 A*.0011SG1,3 Bahr Vermeer & Haecker Architects, Ltd. Standard Hourly Rates Principal $175.00/hr Senior Project Manager $150.00/hr Project Manager $120.00/hr Senior Architect $110.00/hr Architect $100.00/hr Senior Designer $95.00/hr Designer $75.00/hr Senior Administrative $90.00/hr Administrative $65.00/hr Reimbursable Expenses are billed at our invoice cost x 1.10. 31 Dee. These rates are in effect through 90 Junc 2012. Cog May 6. it. BAHR VERMEER HAECKER ARCHITECTS 1425 JONES STREET OMAHA NE 68102 402 345 3060 440 N 8TH STREET STE 100 LINCOLN NE 68508 402 475 4551 bvh.com Mayor -4,2 Mayor C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha desires to make renovations to the Gene 'Leahy Mall, located at 1302 Farnam Street, Omaha,Nebraska; and, WHEREAS, Bahr, Vermeer, & Haecker Architects, Ltd. has submitted a proposal to perform professional planning services, including design of lagoon, water quality improvements (dredging and liner), shoreline improvements, trail paving, bollard light replacement, and shoreline vegetation, in the total amount of$94,900.00; and, WHEREAS, Bahr, Vermeer, & Haecker Architects, Ltd. has complied with the City's Contract Compliance Ordinance No. 28885 in relation to Civil Rights - Human Relations; and, WHEREAS, the Mayor has recommended acceptance of this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Professional Services Agreement between the City of Omaha and Bahr, Vermeer, & Haecker Architects, Ltd. in the total amount of $94,900.00, to perform professional planning services, including design of lagoon, water quality improvements (dredging and liner), shoreline improvements, trail paving, bollard light replacement, and shoreline vegetation at Gene Leahy Mall, located at 1302 Farnam Street, is hereby accepted and the Purchasing Agent is authorized to issue a purchase order in conformance herewith. Funds in this amount shall be paid from the 2010 Parks & Recreation Fund No. 13355 and Organization No. 117317, 2012 Issue Parks & Cultures Bond. APPROVED AS TO FO • ate- 6-4/a- ASSI ANT CITY ATTORNEY DATE p:1640tmb By.... . . . C ilmember L 7/ Adopted MAY 2°2 2012 � -4 -/ f�� 6ss ' ���' o et5a '0'f � CiaZdia •• _ C'ty Cler t Approved. . v'1-02Y-/A- Mayor Thank you for this opportunity to continue our involvement with the Gene Leahy Mall. Respectfully, BAHR VERMEER & H CKER ARCHITECTS, LTD. . Gary Bowen, FAIA Principal BAHR VERMEER HAECKER ARCHITECTS 1425 JONES STREET OMAHA NE 68102 402 345 3060 440 N 8TH STREET STE 100 LINCOLN NE 68508 402 475 4551 bvh.com . exempt organization 10. Partnership or Multimember LLC The Partnership 11. A broker or registered nominee The Broker or nominee s list first and circle the name of the person whose number you furnish.If only one person on a joint account has an SSN,that person's number must be furnished. 'You must show your individual name,but you may also enter your business or"DBA"name.You may use either SSN or EIN(if you have one), 'List first and circle the name of the legal trust,estate,or pension trust. (Do not furnish the TIN of The personal representative or trustee unless the legal entity itself is not designated in the account title). What is backup withholding?Persons making certain payments to you must under certain conditions withhold and pay to the IRS 30%of such payments(29%after December 31,2033;28%after December 2005).This is called"backup withholding."Payments that may be subject to backup withholding include interest, dividends,broker and barter exchange transactions, rents, royalties,non-employee pay,and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester,or 2. You do not certify your TIN when required (see the Part II Instructions on page 4 for details),or You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN,make the proper certifications,and report all your taxable interest and dividends on your tax return. . 3. The IRS tells the requester that you furnished an Incorrect TiN,or 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only),or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above(for reportable interest and dividend accounts opened after 1983 only). Penalties Failure to furnish TIN. If you fall to furnish your correct TIN to a requester,you are subject to a penalty of$50.00 for each such Failure unless your failure is due to reasonable cause and not to willful neglect. Misuse of TINS.if the requester discloses or uses TINS in violation of Federal law,the requester may be subject to civil and criminal penalties. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties Including fines and/or imprisonment. Misuse of TINS.If the requester discloses or uses TINs in violation of Federal law,the requester may be subject to civil and criminal penalties. NOTE:if you ore exempt from backup withholding,you should still complete this form to avoid possible backup withholding. Professional Service Agreement-Bahr Vermeer Haecker Architects Gene Leahy Mall Renovation: Phase 1 Page 11 of 11 untry means travel outside that country. • • http://www.whitehouse.gov/omb/circulars_a122 2004 5/4/2011 http://www.whitehouse.gov/omb/circulars_a 122_2004 5/4/2011 s from a recipient that maintains its records on otherfhan an.accrual basis, the recipient shall not he required to establish an accrual accounting system..These recipients may develop such accrual data for its reports on the basis of an analysis of the documentation on hand. http://www.whitehouse.gov/omb/circularsal 10 5/4/2011 I1:9f1111 !1! IN ° �P � � ° " ten C CD E.. ey. N can S N o �- b = ro va ,5 1 a 0- ca C7 co 7y Oo o '• r* ni,,),-o :,(9 :o � wi w m a, = G CD i% rn N p .. O .... _ a O co CD o o w •o. CD 1 " y r: 0 0 o o CD O 0. 11 vv 0 \ \ G Reimbursable Expenses are billed at our invoice cost x 1.10. 31 Dee. These rates are in effect through 90 Junc 2012. Cog May 6. it. BAHR VERMEER HAECKER ARCHITECTS 1425 JONES STREET OMAHA NE 68102 402 345 3060 440 N 8TH STREET STE 100 LINCOLN NE 68508 402 475 4551 bvh.com Mayor -4,2 Mayor