Loading...
RES 2008-0246 - Contract with Contrivium Design & Urbanism Inc for renovation of convention an dtourism department r 1 402.444.4660 0 866.937.6624 i u 402 ,,a.,51 T r d visitomaha.com (71 V r El U RECEIVED FARNAM 1 . {) OMAHA,ag 68102 '' _ l°17 ❑ 0 a a a ii n 08 JAtS ?- PI 2' 25 m ammoinvia,nioistommo]iximulaw CITY CLERK OM .HA. N .tI'.A:SKii Honorable President and Members of the City Council, The purpose of the attached Resolution is to approve a professional services agreement with Contrivium Design & Urbanism Inc. for schematic design, design development, preparation of construction documents, and contract administration for expansion of the Omaha Visitors Information Center and revision of the Convention and Tourism Department's operational space in the LeDioyt Building at 1001 Farnam-on-the-Mall. These areas will be renovated for use by Summer 2008. The $36,432 cost of such services will be paid from Fiscal Year 2008, Fund No. 21109, Organization No. 115912, Account No. 42415. Your favorable consideration is requested. Respe lly submitted, Dana Markel Director, Convention and Tourism Department Approved as to Funding: Referred to the City Council for Consideration: CUL /—dS=Glc, /- 2 8'fo„ Carol A. Ebdon DATE Mayor's Office/Title DATE Finance Director Approved: ,.l� ,letc 1/��De Gail Kinsey( hoP906 ( DATE Director, Human Rights and Rel _o s p:\LAW-COUNCIL DOCUMENTS\2008\20007v1j 4 INSTRUMENT NO:2007117399 ' \ \II, 3�� : ( _. I \ N90°00'00"E 21.00'SANITARY SEWER EASEMENT 'T GRANTED TO THE CITY OF OMAHA 7.50' _ y I_i 5.00'OPPD.OWEST AND 5.00'DRAINAGE EASEMENT I I CABLE COMPANY EASEMENT GRANTED TO THE CITY OF OMAHA I at LOT 13 LOT 9 I I 8.00 5.00'OPPD,OWEST AND OPPD,OWEST AND CABLE COMPANY EASEMENT o 0 0 CABLE COMPANY EASEMENT I o� o O I t.41- f 1(� O I 23.r N89°47 01 W 161.50' - - 37.4' N WINDOW CRETESTCANTILEVER • LEGEND CURTIS AVENUE CONCRETE STOOP 3'X20'CANTILEVER IMINSIMMIIIIIIIIIt t4;.�... 40.9 2 0,i` WINDOW WELL 4.6' -4 WINDOW CANTILEVER '''.t+r "" 2.0' ry - BUILDING 5052 VERNON CIRCLE 12.3o FOOTPRINT CONTAINS ` 11 53.2 1,138 SQUARE FEET , ---,: A.ck,.-4 (• — X— WOOD FENCE ERIC A.SCHABEN %f.'"- 1. .608 • PINS FOUND DECEMBER 13, 20071.;"% �?1/2"REBAR UNLESS NOTED DATE ~-�;�_:••: I e 4;a E&A CONSULTING GROUP, INC.ENGINEERING•PLANNING•FIELD SERVICES AS BUILT SURVEY sn ram»2wsmetI°Mawrf 68,54NOM(W2)895-000 LOT 8, BLOCK 2, AS BUILT BOOK:3676,PAGE 34 JIZBA'S WAKONDA ADDITION Drawn by: JHVD'Chkd by: (Date:12/13/07 Job No.:P2006.423.002 Sheet No.: 1 of 1 5052 VERNON CIRCLE ial Seal the day and year last above written. 1 LLr+,l v1, 8�Z 4 0 NOTARY PUBLIC Notary Seal: 4..; LROTARY-State of Nebraska + TAMMY BIODROWSKI My Comm.Bp.Sep1.4,2011 the Human Rights and Relations Department at(402)444-5055. • Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: 11•2r %o %Firm <' Incorporated In: H>}R-ra 5—P•P-0c--e. SV S,i P/Yr 5 Delivery(or completion) Name 12 ti?rt NF}yro... Signature 0-1 ate) C /tom Calendar days following award Title Phone 3 Fax r. � CCX�it �,t7 vac) S`/3 j./ Address i /076 .S o. , o 7 tr ( )1 - ty'O 6-1 Street/PO Box City State Zip E-Mail Address cl bcontractors that can provide u reasonable justification fur delays will be grunted no-cost extensions. 12. Subcontractors ngrec to provide ussistwncc in ICAC forensic cases for departments in the surrounding geographical urea. 13. Subcontractors agree 10 pwticipatc in periodic meetings conducted by the Nebraska Slate Patrol relating to ICAC investigtuiats and grant matters, I4, Subcontractors agree to comply with the Internet Crimes Against Children Policy and Procedures and Nebraska State Patrol Computer Crimes Lnhoratory Procedure tvlwwul, A copy of these documents.will ha providedhy Ile Ncbrn;aka State Patrol to the Subcontractor. 15. Any publicity of this project will include an acknowledgment of funding by the Nebraska State Patrol. A copy of such publicity shall he sent to the Nebraska State Patrol. When issuing statements,press rehouses,requests for prupuculs, bid solicitations and oiler documents describing projects or programs funded in whole or In pin with Federal money,,all subcontractors receiving Federal funds shill clearly stutc(a)the percentage u1't4 total cult of the program of project which will be liuuunccd with Federal money,and(b)the dollar amount of federal funds liar the project or program, 1h. The subcontractor agrees that any publication (written, visual or sound, excluding press releases, newsletters and issue analysis) issued by the subcontractor describing programs or projects bladed in whole or in part\rant federal funds shall contain the following alutcmenC "fins project was Supported by Gran)il awarded by the Office of-Juvenile Justice and Delinquency U.S. Department of Justice. Points of viel.'or opinions contained within this document are those of the tauthorlund ddolnot nece.55arilyice olJustice rcpre,cs, olfiuhul position or policies of the U.S.Department ofiustiee,' )reprc;;cat the — , . __ Q dtur , reject DirectorDate — or11,innl /Teller;Subeo/UruchJr keep eulrpfiur,vcnnlc, �.Lyiuv..mi aei 9Z0,ST0'd • 066171717172017:01 92T7H:172017 WIIOII'1 a1IH3 Od0:W0eU L :TI 8002-2T-33A . • • . - • . • • - . ed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 22 day of January, 2008, by and between the City of Omaha, a municipal corporation located in Douglas County, Nebraska(hereinafter referred to as the "City"), and Contrivium Design & Urbanism Inc. (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. I. PROJECT NAME AND DESCRIPTION Project Name: Omaha Convention &Visitors bureau Interior Renovation Project Description: an interior renovation and expansion to the existing building occupied by Omaha Convention&Visitors Bureau. This includes the main level east side bay(1,786 Sq. Ft.) to be programmed& designed as visitor information, retail/coffee shop area. The west side bay (2,250 Sq. Ft.) is to be programmed designed for administrated offices for the expanding Omaha Convention&Visitors Bureau. The design team will work towards within historical preservations guidelines of the building as well as the federal requirement offhe American with Disabilities Act to design the renovated areas fully compliant. II. DUTIES OF PROVIDER A. Provider agrees to perform professional services, as set out and more fully described in the Proposal attached hereto, for the City, relative to the above-referenced project which is illustrated in Exhibit"D" attached hereto. Such services shall be completed within a 90 day period after receipt of a purchase order from the City. B. Provider designates Eddy Santamaria whose business address and phone number are 1301 Nicholas Street studio 301 Omaha, Nebraska 68102 (402) 341-0493 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 subcontractors. E. Provider agrees to complete, within 90 calendar days of receipt of a purchase order from the City, the necessary services. The City recognizes that completion within this deadline is contingent upon timely response from utilities and City input. III. DUTIES OF CITY A. City designates Michael D. Oestmann whose business address and phone number are 1523 South 24 Street Omaha Nebraska 68108 (402) 444-4575 as its contact person for this project, who shall provide a notice to proceed and such other written authorizations as are necessary to commence for proceed with the project and various aspects of it. LOT 8, BLOCK 2, AS BUILT BOOK:3676,PAGE 34 JIZBA'S WAKONDA ADDITION Drawn by: JHVD'Chkd by: (Date:12/13/07 Job No.:P2006.423.002 Sheet No.: 1 of 1 5052 VERNON CIRCLE ial Seal the day and year last above written. 1 LLr+,l v1, 8�Z 4 0 NOTARY PUBLIC Notary Seal: 4..; LROTARY-State of Nebraska + TAMMY BIODROWSKI My Comm.Bp.Sep1.4,2011 the Human Rights and Relations Department at(402)444-5055. • Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: 11•2r %o %Firm <' Incorporated In: H>}R-ra 5—P•P-0c--e. SV S,i P/Yr 5 Delivery(or completion) Name 12 ti?rt NF}yro... Signature 0-1 ate) C /tom Calendar days following award Title Phone 3 Fax r. � CCX�it �,t7 vac) S`/3 j./ Address i /076 .S o. , o 7 tr ( )1 - ty'O 6-1 Street/PO Box City State Zip E-Mail Address cl bcontractors that can provide u reasonable justification fur delays will be grunted no-cost extensions. 12. Subcontractors ngrec to provide ussistwncc in ICAC forensic cases for departments in the surrounding geographical urea. 13. Subcontractors agree 10 pwticipatc in periodic meetings conducted by the Nebraska Slate Patrol relating to ICAC investigtuiats and grant matters, I4, Subcontractors agree to comply with the Internet Crimes Against Children Policy and Procedures and Nebraska State Patrol Computer Crimes Lnhoratory Procedure tvlwwul, A copy of these documents.will ha providedhy Ile Ncbrn;aka State Patrol to the Subcontractor. 15. Any publicity of this project will include an acknowledgment of funding by the Nebraska State Patrol. A copy of such publicity shall he sent to the Nebraska State Patrol. When issuing statements,press rehouses,requests for prupuculs, bid solicitations and oiler documents describing projects or programs funded in whole or In pin with Federal money,,all subcontractors receiving Federal funds shill clearly stutc(a)the percentage u1't4 total cult of the program of project which will be liuuunccd with Federal money,and(b)the dollar amount of federal funds liar the project or program, 1h. The subcontractor agrees that any publication (written, visual or sound, excluding press releases, newsletters and issue analysis) issued by the subcontractor describing programs or projects bladed in whole or in part\rant federal funds shall contain the following alutcmenC "fins project was Supported by Gran)il awarded by the Office of-Juvenile Justice and Delinquency U.S. Department of Justice. Points of viel.'or opinions contained within this document are those of the tauthorlund ddolnot nece.55arilyice olJustice rcpre,cs, olfiuhul position or policies of the U.S.Department ofiustiee,' )reprc;;cat the — , . __ Q dtur , reject DirectorDate — or11,innl /Teller;Subeo/UruchJr keep eulrpfiur,vcnnlc, �.Lyiuv..mi aei 9Z0,ST0'd • 066171717172017:01 92T7H:172017 WIIOII'1 a1IH3 Od0:W0eU L :TI 8002-2T-33A . • • . - • . • • - . ed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) 1V. COMPENSATION AND PAYMENT A. The cost of services as specified in the Scope of Service, shall be performed on an hourly basis, but in no event shall exceed $36,432.00 B. Reimbursable expenses shall be billed to the City by the Provider. C. INCREASE OF FEES 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, 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. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the city council. The provisions of this section will be quoted in all future city contracts. Nothing in this section is intended to alter the authority of the mayor under section 5.16 of the Charter to approve immediate purchases. V. OWNERSHIP OF INSTRUMENTS OF SERVICE 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 subconsultants(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 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 Provider shall carry professional liability insurance in the minimum amount of one half million dollars and shall carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. other written authorizations as are necessary to commence for proceed with the project and various aspects of it. LOT 8, BLOCK 2, AS BUILT BOOK:3676,PAGE 34 JIZBA'S WAKONDA ADDITION Drawn by: JHVD'Chkd by: (Date:12/13/07 Job No.:P2006.423.002 Sheet No.: 1 of 1 5052 VERNON CIRCLE ial Seal the day and year last above written. 1 LLr+,l v1, 8�Z 4 0 NOTARY PUBLIC Notary Seal: 4..; LROTARY-State of Nebraska + TAMMY BIODROWSKI My Comm.Bp.Sep1.4,2011 the Human Rights and Relations Department at(402)444-5055. • Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: 11•2r %o %Firm <' Incorporated In: H>}R-ra 5—P•P-0c--e. SV S,i P/Yr 5 Delivery(or completion) Name 12 ti?rt NF}yro... Signature 0-1 ate) C /tom Calendar days following award Title Phone 3 Fax r. � CCX�it �,t7 vac) S`/3 j./ Address i /076 .S o. , o 7 tr ( )1 - ty'O 6-1 Street/PO Box City State Zip E-Mail Address cl bcontractors that can provide u reasonable justification fur delays will be grunted no-cost extensions. 12. Subcontractors ngrec to provide ussistwncc in ICAC forensic cases for departments in the surrounding geographical urea. 13. Subcontractors agree 10 pwticipatc in periodic meetings conducted by the Nebraska Slate Patrol relating to ICAC investigtuiats and grant matters, I4, Subcontractors agree to comply with the Internet Crimes Against Children Policy and Procedures and Nebraska State Patrol Computer Crimes Lnhoratory Procedure tvlwwul, A copy of these documents.will ha providedhy Ile Ncbrn;aka State Patrol to the Subcontractor. 15. Any publicity of this project will include an acknowledgment of funding by the Nebraska State Patrol. A copy of such publicity shall he sent to the Nebraska State Patrol. When issuing statements,press rehouses,requests for prupuculs, bid solicitations and oiler documents describing projects or programs funded in whole or In pin with Federal money,,all subcontractors receiving Federal funds shill clearly stutc(a)the percentage u1't4 total cult of the program of project which will be liuuunccd with Federal money,and(b)the dollar amount of federal funds liar the project or program, 1h. The subcontractor agrees that any publication (written, visual or sound, excluding press releases, newsletters and issue analysis) issued by the subcontractor describing programs or projects bladed in whole or in part\rant federal funds shall contain the following alutcmenC "fins project was Supported by Gran)il awarded by the Office of-Juvenile Justice and Delinquency U.S. Department of Justice. Points of viel.'or opinions contained within this document are those of the tauthorlund ddolnot nece.55arilyice olJustice rcpre,cs, olfiuhul position or policies of the U.S.Department ofiustiee,' )reprc;;cat the — , . __ Q dtur , reject DirectorDate — or11,innl /Teller;Subeo/UruchJr keep eulrpfiur,vcnnlc, �.Lyiuv..mi aei 9Z0,ST0'd • 066171717172017:01 92T7H:172017 WIIOII'1 a1IH3 Od0:W0eU L :TI 8002-2T-33A . • • . - • . • • - . ed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) VIII. INDEMNIFICATION 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 subconsultants 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 subconsultants(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 This Agreement may be terminated by the City upon written notice to the provider of such termination and specifying the effective date at least seven (7) days prior to the effective date of such termination. In the event of termination, the provider shall be entitled to just and equitable payment for services rendered to the date of termination, and all finished or unfinished documents, data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City's option, its property. X. GENERAL CONDITIONS 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, sec, age, or disability as recognized under 42 USCS 12101 et seq. and Omaha Municipal Code section 13-89, political or religious opinions, affiliations or national origin. B. Captions. Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. C. Applicable Laws. Parties to this Agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and 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. mm.Bp.Sep1.4,2011 the Human Rights and Relations Department at(402)444-5055. • Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: 11•2r %o %Firm <' Incorporated In: H>}R-ra 5—P•P-0c--e. SV S,i P/Yr 5 Delivery(or completion) Name 12 ti?rt NF}yro... Signature 0-1 ate) C /tom Calendar days following award Title Phone 3 Fax r. � CCX�it �,t7 vac) S`/3 j./ Address i /076 .S o. , o 7 tr ( )1 - ty'O 6-1 Street/PO Box City State Zip E-Mail Address cl bcontractors that can provide u reasonable justification fur delays will be grunted no-cost extensions. 12. Subcontractors ngrec to provide ussistwncc in ICAC forensic cases for departments in the surrounding geographical urea. 13. Subcontractors agree 10 pwticipatc in periodic meetings conducted by the Nebraska Slate Patrol relating to ICAC investigtuiats and grant matters, I4, Subcontractors agree to comply with the Internet Crimes Against Children Policy and Procedures and Nebraska State Patrol Computer Crimes Lnhoratory Procedure tvlwwul, A copy of these documents.will ha providedhy Ile Ncbrn;aka State Patrol to the Subcontractor. 15. Any publicity of this project will include an acknowledgment of funding by the Nebraska State Patrol. A copy of such publicity shall he sent to the Nebraska State Patrol. When issuing statements,press rehouses,requests for prupuculs, bid solicitations and oiler documents describing projects or programs funded in whole or In pin with Federal money,,all subcontractors receiving Federal funds shill clearly stutc(a)the percentage u1't4 total cult of the program of project which will be liuuunccd with Federal money,and(b)the dollar amount of federal funds liar the project or program, 1h. The subcontractor agrees that any publication (written, visual or sound, excluding press releases, newsletters and issue analysis) issued by the subcontractor describing programs or projects bladed in whole or in part\rant federal funds shall contain the following alutcmenC "fins project was Supported by Gran)il awarded by the Office of-Juvenile Justice and Delinquency U.S. Department of Justice. Points of viel.'or opinions contained within this document are those of the tauthorlund ddolnot nece.55arilyice olJustice rcpre,cs, olfiuhul position or policies of the U.S.Department ofiustiee,' )reprc;;cat the — , . __ Q dtur , reject DirectorDate — or11,innl /Teller;Subeo/UruchJr keep eulrpfiur,vcnnlc, �.Lyiuv..mi aei 9Z0,ST0'd • 066171717172017:01 92T7H:172017 WIIOII'1 a1IH3 Od0:W0eU L :TI 8002-2T-33A . • • . - • . • • - . ed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) 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 sat 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. Equal Employment Opportunity Clause. Annexed hereto as Exhibits "A", "B", "C","D"and "E" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "A", "B", "C", "D" and "E" to "Contractor" shall mean "Provider". Refusal by the Provider to comply with any portion of this program as therein stated and described will subject the offending party to any or all of the following penalties: (1) Withholding of all future payments under the involved contracts to the Provider in violation until it is determined that the Provider is in compliance with the provisions of the contract; (2) Refusal of all future bids for any contracts with the City or any of its departments or divisions until such time as the provider demonstrates that he has established and shall carry out the policies of the program as herein outlined. EXECUTED this 22 day of January, 2008 . Contrivium Design &Urbamisminc. Provider Michael D. Oestmann By d a ATTEST Principal (Title) EXECUTED this 1 day of FerU47 8 ATTEST CITY OF OMAHA,A Municipal Corporation .� By`' " City Clerk_ - Mayor APPROVED AS TO FORM: q t • City Attorney Revised: 4/18/07 ll existing and applicable city ordinances, resolutions, state laws, federal laws, and 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. mm.Bp.Sep1.4,2011 the Human Rights and Relations Department at(402)444-5055. • Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: 11•2r %o %Firm <' Incorporated In: H>}R-ra 5—P•P-0c--e. SV S,i P/Yr 5 Delivery(or completion) Name 12 ti?rt NF}yro... Signature 0-1 ate) C /tom Calendar days following award Title Phone 3 Fax r. � CCX�it �,t7 vac) S`/3 j./ Address i /076 .S o. , o 7 tr ( )1 - ty'O 6-1 Street/PO Box City State Zip E-Mail Address cl bcontractors that can provide u reasonable justification fur delays will be grunted no-cost extensions. 12. Subcontractors ngrec to provide ussistwncc in ICAC forensic cases for departments in the surrounding geographical urea. 13. Subcontractors agree 10 pwticipatc in periodic meetings conducted by the Nebraska Slate Patrol relating to ICAC investigtuiats and grant matters, I4, Subcontractors agree to comply with the Internet Crimes Against Children Policy and Procedures and Nebraska State Patrol Computer Crimes Lnhoratory Procedure tvlwwul, A copy of these documents.will ha providedhy Ile Ncbrn;aka State Patrol to the Subcontractor. 15. Any publicity of this project will include an acknowledgment of funding by the Nebraska State Patrol. A copy of such publicity shall he sent to the Nebraska State Patrol. When issuing statements,press rehouses,requests for prupuculs, bid solicitations and oiler documents describing projects or programs funded in whole or In pin with Federal money,,all subcontractors receiving Federal funds shill clearly stutc(a)the percentage u1't4 total cult of the program of project which will be liuuunccd with Federal money,and(b)the dollar amount of federal funds liar the project or program, 1h. The subcontractor agrees that any publication (written, visual or sound, excluding press releases, newsletters and issue analysis) issued by the subcontractor describing programs or projects bladed in whole or in part\rant federal funds shall contain the following alutcmenC "fins project was Supported by Gran)il awarded by the Office of-Juvenile Justice and Delinquency U.S. Department of Justice. Points of viel.'or opinions contained within this document are those of the tauthorlund ddolnot nece.55arilyice olJustice rcpre,cs, olfiuhul position or policies of the U.S.Department ofiustiee,' )reprc;;cat the — , . __ Q dtur , reject DirectorDate — or11,innl /Teller;Subeo/UruchJr keep eulrpfiur,vcnnlc, �.Lyiuv..mi aei 9Z0,ST0'd • 066171717172017:01 92T7H:172017 WIIOII'1 a1IH3 Od0:W0eU L :TI 8002-2T-33A . • • . - • . • • - . ed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) Protected and/or Disadvantaged Business Checklist Items Listed Below must be submitted with Bid: 1. Exhibit A - completed Protected and/or Disadvantaged Business Disclosure Participation Form. All PBE/DBE Subcontractors submitted on Exhibit A must be certified with the City of Omaha Human Relations Department prior to the time of the bid opening. A current list is available on the City of Omaha's web site,www.ci.omaha.ne.us/Departments/Human Relations or can be requested through the Human Relations Department at 402-444- 5055. 2. Verification in writing from each PBE/DBE Subcontractor showing that the PBE/DBE Subcontractor has agreed to perform the work identified on Exhibit A, Protected and/or Disadvantaged Business Disclosure Participation Form. Telephonic verifications will not be accepted. 3. If you have not met the PBE/DBE goal established for this project, evidence of good faith efforts must be submitted with your bid. (If you have questions regarding what constitutes good faith efforts please see the Protected and/or Disadvantaged Business Enterprise Participation contract specifications or contact the Human Relations Department.) 4. Exhibit B — completed Contractor Employment Data Form. • Should the bidder fail to comply with the above, its bid will be subject to rejection. • In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. 3/14/03 ids for any contracts with the City or any of its departments or divisions until such time as the provider demonstrates that he has established and shall carry out the policies of the program as herein outlined. EXECUTED this 22 day of January, 2008 . Contrivium Design &Urbamisminc. Provider Michael D. Oestmann By d a ATTEST Principal (Title) EXECUTED this 1 day of FerU47 8 ATTEST CITY OF OMAHA,A Municipal Corporation .� By`' " City Clerk_ - Mayor APPROVED AS TO FORM: q t • City Attorney Revised: 4/18/07 ll existing and applicable city ordinances, resolutions, state laws, federal laws, and 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. mm.Bp.Sep1.4,2011 the Human Rights and Relations Department at(402)444-5055. • Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: 11•2r %o %Firm <' Incorporated In: H>}R-ra 5—P•P-0c--e. SV S,i P/Yr 5 Delivery(or completion) Name 12 ti?rt NF}yro... Signature 0-1 ate) C /tom Calendar days following award Title Phone 3 Fax r. � CCX�it �,t7 vac) S`/3 j./ Address i /076 .S o. , o 7 tr ( )1 - ty'O 6-1 Street/PO Box City State Zip E-Mail Address cl bcontractors that can provide u reasonable justification fur delays will be grunted no-cost extensions. 12. Subcontractors ngrec to provide ussistwncc in ICAC forensic cases for departments in the surrounding geographical urea. 13. Subcontractors agree 10 pwticipatc in periodic meetings conducted by the Nebraska Slate Patrol relating to ICAC investigtuiats and grant matters, I4, Subcontractors agree to comply with the Internet Crimes Against Children Policy and Procedures and Nebraska State Patrol Computer Crimes Lnhoratory Procedure tvlwwul, A copy of these documents.will ha providedhy Ile Ncbrn;aka State Patrol to the Subcontractor. 15. Any publicity of this project will include an acknowledgment of funding by the Nebraska State Patrol. A copy of such publicity shall he sent to the Nebraska State Patrol. When issuing statements,press rehouses,requests for prupuculs, bid solicitations and oiler documents describing projects or programs funded in whole or In pin with Federal money,,all subcontractors receiving Federal funds shill clearly stutc(a)the percentage u1't4 total cult of the program of project which will be liuuunccd with Federal money,and(b)the dollar amount of federal funds liar the project or program, 1h. The subcontractor agrees that any publication (written, visual or sound, excluding press releases, newsletters and issue analysis) issued by the subcontractor describing programs or projects bladed in whole or in part\rant federal funds shall contain the following alutcmenC "fins project was Supported by Gran)il awarded by the Office of-Juvenile Justice and Delinquency U.S. Department of Justice. Points of viel.'or opinions contained within this document are those of the tauthorlund ddolnot nece.55arilyice olJustice rcpre,cs, olfiuhul position or policies of the U.S.Department ofiustiee,' )reprc;;cat the — , . __ Q dtur , reject DirectorDate — or11,innl /Teller;Subeo/UruchJr keep eulrpfiur,vcnnlc, �.Lyiuv..mi aei 9Z0,ST0'd • 066171717172017:01 92T7H:172017 WIIOII'1 a1IH3 Od0:W0eU L :TI 8002-2T-33A . • • . - • . • • - . ed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) Protected and Disadvantaged Business Enterprise Programs Who Qualifies as a Protected /Disadvantaged Business Enterprise? The term "Protected Business Enterprises" (PBE) is defined to be a business at least 51 percent of which is owned, controlled, and actively managed by protected class members (Black, Hispanic, Asian, or Pacific Islander, American Indian or Alaskan Native or Female). The term "Disadvantaged Business Enterprise" (DBE) is defined to be a small business that has been in existence for at least one year and has annual gross receipts of $150,000 or less. A DBE may include, but not limited to a business owned by a Protected class, but such business must meet two or other conditions set forth in the City of Omaha Contract Compliance Ordinance, Section 10-191, M (1) through (5). What are the benefits of becoming certified as a PBE/DBE? Certification as a PBE or DBE provides greater exposure for work opportunities on City of Omaha projects. The names of all certified PBE/DBE'S appear in the PBE/DBE directory, which is disseminated to local government agencies, contractors and to the public. City of Omaha contractors will use the PBE/DBE directory as a basic resource for soliciting Minority/Women/Small Business participation on City of Omaha Projects. The City of Omaha shall make every good-faith effort to award City contracts and City-assisted construction contracts to Disadvantaged Business Enterprises in amounts no less than 10% of the dollar volume of the applicable contracts awarded by the city. Other benefits include the authority, (but not a requirement), of the City Council to award a contract to a DBE that is not the lowest bidder. A contract or subcontract can be awarded to a DBE if determined by the City to be an acceptable cost higher than a competing lower bid except for specially assessed Projects. A DBE company may be awarded the contract over the lowest bidder as long as the cost differential does not exceed 3%. If your business is not certified with the City of Omaha and you are interested in becoming certified as a Protected and/or Disadvantaged Business Enterprise please contact the Human Relations Department at 402-444-5055. The PBE/DBE applications, Contract Compliance Report Form CC-1 and a current PBE/DBE City of Omaha certified directory are located on the City of Omaha website, www.ci.omaha.ne.us. Click on departments. Click on Human Relations. 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. mm.Bp.Sep1.4,2011 the Human Rights and Relations Department at(402)444-5055. • Refer any questions regarding the bid or specifications directly to the Purchasing Department at(402)444-7155 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms: 11•2r %o %Firm <' Incorporated In: H>}R-ra 5—P•P-0c--e. SV S,i P/Yr 5 Delivery(or completion) Name 12 ti?rt NF}yro... Signature 0-1 ate) C /tom Calendar days following award Title Phone 3 Fax r. � CCX�it �,t7 vac) S`/3 j./ Address i /076 .S o. , o 7 tr ( )1 - ty'O 6-1 Street/PO Box City State Zip E-Mail Address cl bcontractors that can provide u reasonable justification fur delays will be grunted no-cost extensions. 12. Subcontractors ngrec to provide ussistwncc in ICAC forensic cases for departments in the surrounding geographical urea. 13. Subcontractors agree 10 pwticipatc in periodic meetings conducted by the Nebraska Slate Patrol relating to ICAC investigtuiats and grant matters, I4, Subcontractors agree to comply with the Internet Crimes Against Children Policy and Procedures and Nebraska State Patrol Computer Crimes Lnhoratory Procedure tvlwwul, A copy of these documents.will ha providedhy Ile Ncbrn;aka State Patrol to the Subcontractor. 15. Any publicity of this project will include an acknowledgment of funding by the Nebraska State Patrol. A copy of such publicity shall he sent to the Nebraska State Patrol. When issuing statements,press rehouses,requests for prupuculs, bid solicitations and oiler documents describing projects or programs funded in whole or In pin with Federal money,,all subcontractors receiving Federal funds shill clearly stutc(a)the percentage u1't4 total cult of the program of project which will be liuuunccd with Federal money,and(b)the dollar amount of federal funds liar the project or program, 1h. The subcontractor agrees that any publication (written, visual or sound, excluding press releases, newsletters and issue analysis) issued by the subcontractor describing programs or projects bladed in whole or in part\rant federal funds shall contain the following alutcmenC "fins project was Supported by Gran)il awarded by the Office of-Juvenile Justice and Delinquency U.S. Department of Justice. Points of viel.'or opinions contained within this document are those of the tauthorlund ddolnot nece.55arilyice olJustice rcpre,cs, olfiuhul position or policies of the U.S.Department ofiustiee,' )reprc;;cat the — , . __ Q dtur , reject DirectorDate — or11,innl /Teller;Subeo/UruchJr keep eulrpfiur,vcnnlc, �.Lyiuv..mi aei 9Z0,ST0'd • 066171717172017:01 92T7H:172017 WIIOII'1 a1IH3 Od0:W0eU L :TI 8002-2T-33A . • • . - • . • • - . ed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) UTILIZATION OF forth in the PBE/DBE specifications for PROTECTED AND/OR DISADVANTAGED participation by Protected and/or Disadvantaged • BUSINESS ENTERPRISES Business Enterprises in the performance of any contract resulting from this solicitation or, as an alternative, that the contractor has made or will A. Protected and/or Disadvantaged Business Enterprise make good faith efforts toward meeting the (PBE/DBE) Participation Contract Specifications PBE/DBE goals, and will demonstrate to the Pursuant to City of Omaha Contract Compliance City of Omaha's satisfaction that the contractor Ordinance. has made such efforts. Bidders must submit with their bids, on the form set forth in the 1. It is the policy of the City of Omaha that PBE/DBE specifications, the names, respective Protected and/or Disadvantaged Business scope of work, and the dollar values of each Enterprises shall have the maximum practicable PBE/DBE subcontractor that the Bidder opportunity to participate in the City of Omaha proposes for participation in the contract work. projects. Consequently, the PBE/DBE In any case, Exhibits "A" and "B" must be requirements of Contract Compliance Ordinance submitted with the bid. If the information so apply to this solicitation. In this regard, the submitted indicates that the City of Omaha goals Contractor to whom any award of this solicitation will not be met, the Bidder shall submit good is made shall take all necessary and reasonable faith efforts documentation with their bid. The steps in accordance with this solicitation to evidence must show to the City of Omaha's ensure that Protected and/or Disadvantaged satisfaction that the bidder has in good faith Business Enterprises have the maximum made every reasonable effort, in the City of opportunity to participate in the Contract. The Omaha's judgment, to meet such goals. If any Contractor shall not discriminate on the basis of bidder fails to submit, with the bid, the required race, color, national origin, sex, religion, age or information concerning PBE/DBE participation, disability in the award or performance of any or if, having failed to meet the City of Omaha's contract or subcontract resulting from or relating goals or fails to demonstrate to the City of to this solicitation. Failure to carry out the pre- Omaha's satisfaction the bidder's good faith award requirements of these PBE/DBE efforts to do so, the City of Omaha may, in its specifications will be sufficient ground to reject discretion,reject the bid. the Bid. Failure of the Contractor to carry out the requirements of the PBE/DBE specifications 3. Protected and/or Disadvantaged Business shall constitute a material breach of the contract Enterprise Goals. Bidders are hereby informed and may result in termination of the contract. that pursuant to Sec. 10-200 and Executive The Contractor shall use its best efforts to carry Order No. F-11-02 the City of Omaha has a PBE out the PBE/DBE policy consistent with efficient Participation goal of no less than 13% and a performance on the project. DBE participation goal of no less than 10% of the dollar volume of all the contracts that it 2. Bidders are hereby informed that the City of awards. All bidders shall make every good faith Omaha has established goals for the participation effort to meet said goals. of Protected and/or Disadvantaged Business Enterprise in all contracts that it awards. 4. The City of Omaha shall set specific goals for Subcontracts awarded, by the Bidder that is all contracts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set funding by the Nebraska State Patrol. A copy of such publicity shall he sent to the Nebraska State Patrol. When issuing statements,press rehouses,requests for prupuculs, bid solicitations and oiler documents describing projects or programs funded in whole or In pin with Federal money,,all subcontractors receiving Federal funds shill clearly stutc(a)the percentage u1't4 total cult of the program of project which will be liuuunccd with Federal money,and(b)the dollar amount of federal funds liar the project or program, 1h. The subcontractor agrees that any publication (written, visual or sound, excluding press releases, newsletters and issue analysis) issued by the subcontractor describing programs or projects bladed in whole or in part\rant federal funds shall contain the following alutcmenC "fins project was Supported by Gran)il awarded by the Office of-Juvenile Justice and Delinquency U.S. Department of Justice. Points of viel.'or opinions contained within this document are those of the tauthorlund ddolnot nece.55arilyice olJustice rcpre,cs, olfiuhul position or policies of the U.S.Department ofiustiee,' )reprc;;cat the — , . __ Q dtur , reject DirectorDate — or11,innl /Teller;Subeo/UruchJr keep eulrpfiur,vcnnlc, �.Lyiuv..mi aei 9Z0,ST0'd • 066171717172017:01 92T7H:172017 WIIOII'1 a1IH3 Od0:W0eU L :TI 8002-2T-33A . • • . - • . • • - . ed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) • 5. Bidders are informed that price alone does not g. Concerning each PBE/DBE the Bidder constitute an acceptable basis for rejecting contacted but rejected as unqualified, the PBE/DBE bids unless the Bidder can reasons for the Bidder's conclusion; demonstrate that no reasonable price can be obtained from a PBE/DBE. A Bidder's failure to h. Efforts made to assist the PBE/DBEs meet the PBE/DBE goal or to show reasonable contacted that needed assistance in efforts to that end will, in the City of Omaha's obtaining bonding, lines of credit, or discretion, constitute sufficient ground for bid insurance required by the Bidder or the City rejection. Such reasonable efforts may include, of Omaha; but are not limited to, some or all of the following: i. Designation, in writing, of a liaison officer who administers the Bidder's Protected a. Attendance at the pre-bid conference, if any; and/or Disadvantaged Business Enterprise utilization program; b. Follow-up of initial solicitations of interest by contacting PBE/DBEs to determine with j. Expansion of search for PBE/DBEs to a certainty whether the PBE/DBEs are wider geographic area than the area in interested; which the Bidder generally seeks subcontractors if use of the customary c. Efforts made to select portions of the work solicitation area does not result in meeting (including where appropriate, breaking down the goals by the Bidder; and, contracts into economically feasible units) proposed to be performed by PBE/DBEs in k. Utilization of services of available protected order to increase the likelihood of achieving community organizations, protected the PBE/DBE goals; contractor's group, local, state, and federal minority business assistance offices, and d. Efforts to negotiate with PBE/DBEs for other organizations that provide assistance in specific sub-bids, including at a minimum: the recruitment and placement of PBE/DBEs. (1) The names, addresses,type of work to be _ 6. The Bidder must comply with the following: subcontracted, and telephone numbers of PBE/DBEs that were contacted; a. Prior to award of this Contract all Bidders (2) A description of the information shall submit Exhibit "A", Protected and/or provided to PBE/DBEs regarding the Disadvantaged Business Disclosure plans and specifications for portions of Participation Form. Exhibit "A" must be the work to be performed; and, submitted with the bid. Bidder must also (3) A detailed statement of the reasons why submit a copy of the written bid submitted additional prospective agreements with by the PBE/DBE subcontractor to the PBE/DBEs needed to meet the stated Bidder or other verification in writing from goals,were not reached. the PBE/DBE subcontractor that said subcontractor has agreed to perform the e. Advertisement in general circulation media, subcontracting work identified in the bid trade association publications, and protected- submitted by the Bidder. focus media for a reasonable period before bids are due; b. If Bidder fails to meet the goals set forth above, Good Faith Efforts Documentation f. Notification, in writing, to a reasonable must be submitted with bid. number of specific PBE/DBEs that their interest in contract work is solicited, in c. Also, prior to award of this contract all sufficient time to allow the PBE/DBEs to Bidders must submit Exhibit "B" Contractor participate effectively; employment data form with the bid. rded, by the Bidder that is all contracts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set funding by the Nebraska State Patrol. A copy of such publicity shall he sent to the Nebraska State Patrol. When issuing statements,press rehouses,requests for prupuculs, bid solicitations and oiler documents describing projects or programs funded in whole or In pin with Federal money,,all subcontractors receiving Federal funds shill clearly stutc(a)the percentage u1't4 total cult of the program of project which will be liuuunccd with Federal money,and(b)the dollar amount of federal funds liar the project or program, 1h. The subcontractor agrees that any publication (written, visual or sound, excluding press releases, newsletters and issue analysis) issued by the subcontractor describing programs or projects bladed in whole or in part\rant federal funds shall contain the following alutcmenC "fins project was Supported by Gran)il awarded by the Office of-Juvenile Justice and Delinquency U.S. Department of Justice. Points of viel.'or opinions contained within this document are those of the tauthorlund ddolnot nece.55arilyice olJustice rcpre,cs, olfiuhul position or policies of the U.S.Department ofiustiee,' )reprc;;cat the — , . __ Q dtur , reject DirectorDate — or11,innl /Teller;Subeo/UruchJr keep eulrpfiur,vcnnlc, �.Lyiuv..mi aei 9Z0,ST0'd • 066171717172017:01 92T7H:172017 WIIOII'1 a1IH3 Od0:W0eU L :TI 8002-2T-33A . • • . - • . • • - . ed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) d. The Bidder and any of its subcontractors that the Bidder/Contractor's procedures and practices have been designated by the Bidder as PBE with respect to the Protected and/or and/or DBE must have been approved as Disadvantaged Business Enterprise which the such by the Human Relations Department Human Relations Department may from time to prior to bid opening on the project. time conduct. e. After bid opening and during contract B. PBE/DBE Reporting and Record Keeping performance, Bidders and the Contractor, as the case may be, are required to make every Requirements. reasonable effort to replace a PBE/DBE 1. The Contractor shall submit periodic reports subcontractor that is determined to be unable of contracting with Protected and/or to perform successfully or is not performing Disadvantaged Business Enterprises in such satisfactorily, with another PBE and/or DBE, form and manner and at such time as prior to substituting such PBE/DBE, the prescribed by the City of Omaha (Exhibit C Contractor shall seek approval from the is currently required to be submitted within Human Relations Department. The City of 10 calendar days following the end of each Omaha's Human Relations Department calendar quarter, from the start of the Director or a designee, shall approve all prior project). . substitutions in writing in order to ensure that the substituted firms are bona fide 2. The Contractor and subcontractors shall PBE/DBEs. permit access to their books, records, and accounts by the Human Relations Director f. In the event of the Contractor's non- or a designated representative for purpose of compliance with the Protected and/or investigation to ascertain compliance with Disadvantaged Business Enterprise these specified requirements. Such records requirements of this Contract, the City of shall be maintained by the Contractor in a Omaha shall impose such contract sanctions fashion that is readily accessible to the City as it may determine to be appropriate, of Omaha for a minimum of three years including,but not limited to: following completion of this Contract. (1) Rejection of the Bid 3. To ensure that all obligations under any (2) Withholding of payments to the contract awarded as a result of this bid Contractor until the Contractor complies; solicitation are met, the City of Omaha will and/or conduct specific reviews of the Contractor's (3) Cancellation, termination or suspension PBE/DBE involvement efforts during of the Contract, in whole or in part; or contract performance. The Contractor shall (4) Any other penalty set forth in the City of bring to the attention of the Human Omaha's Contract Compliance Relations Director any situation in which Ordinance. regularly scheduled progress payments are not made to PBE/DBE subcontractors. 7. For the information of Bidders, Contract In submitting its bid, the Bidder is certifying that it Compliance Ordinance outlines the City of has contacted City of Omaha Human Relations Omaha's rules, guidelines and criteria for (a) Department prior to bid opening regarding this making determinations as to the legitimacy of project and has afforded subcontractors participating PBE/DBEs, (b) ensuring that contracts are in the PBE/DBE program the opportunity to submit awarded to Bidders that meet PBE/DBE goals. bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of all contracts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set funding by the Nebraska State Patrol. A copy of such publicity shall he sent to the Nebraska State Patrol. When issuing statements,press rehouses,requests for prupuculs, bid solicitations and oiler documents describing projects or programs funded in whole or In pin with Federal money,,all subcontractors receiving Federal funds shill clearly stutc(a)the percentage u1't4 total cult of the program of project which will be liuuunccd with Federal money,and(b)the dollar amount of federal funds liar the project or program, 1h. The subcontractor agrees that any publication (written, visual or sound, excluding press releases, newsletters and issue analysis) issued by the subcontractor describing programs or projects bladed in whole or in part\rant federal funds shall contain the following alutcmenC "fins project was Supported by Gran)il awarded by the Office of-Juvenile Justice and Delinquency U.S. Department of Justice. Points of viel.'or opinions contained within this document are those of the tauthorlund ddolnot nece.55arilyice olJustice rcpre,cs, olfiuhul position or policies of the U.S.Department ofiustiee,' )reprc;;cat the — , . __ Q dtur , reject DirectorDate — or11,innl /Teller;Subeo/UruchJr keep eulrpfiur,vcnnlc, �.Lyiuv..mi aei 9Z0,ST0'd • 066171717172017:01 92T7H:172017 WIIOII'1 a1IH3 Od0:W0eU L :TI 8002-2T-33A . • • . - • . • • - . ed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) • EXHIBIT "A" PROTECTED AND/OR DISADVANTAGED BUSINESS DISCLOSURE PARTICIPATION FORM THIS FORM MUST BE SUBMITTED WITH THE BID In the performance of this contract,the contractor proposes and agrees to make good faith efforts to contract with eligible City of Omaha certified PBE and/or DBEs. Should the below listed PBE and/or DBE subcontractor be determined to be unable to perform successfully or is not performing satisfactorily, the Contractor shall obtain prior approval from the Human Relations Department Director or a designee,for substitution of the below listed subcontractor with a City of Omaha certified PBE and/or DBE. In submitting this form, the Bidder is certifying that it has contacted City of Omaha Human Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the program the opportunity to submit bids on this project. Type of work and Projected contract item or parts commencement Name of PBE and/or thereof to be and completion *Agreed price with DBE Address performed date of work PBE/DBEs Percentage(%) 1301 Nicholas Street General Design 1/22/08 thru 60% Contrivium Design Studio 301 Omaha, 8/31/08 &Urbanism Inc. NE 68102 GroupOne Interiors 2823 North 81 Street Interior Design 1/22/08 thru 10% LLC Omaha,NE 68134 8/31/08 Totals *Dollar value of each PBE/DBE agreement must be listed in the"Agreed Price"column;total in this column must equal the PBE/DBE goals. CERTIFICATION The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read, understands, and agrees to be bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, and the other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the Bidder to make the statements and representations in the PBE/DBE Participation Contract Specifications 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 Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract 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 Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of anytur o tract Awards. Signature Title RlL j./(`j P9.t Date of Signing Zf+ '0 5 Firm or Corporate Name CIt j V i V 1• - 14,2 tc ()maw%say— Address(3 o j ry 1cAt o 1.416. 'Vneetc. Telephone Number 402. 34i ex?9 coon d t4e 66 f o project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of all contracts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set funding by the Nebraska State Patrol. A copy of such publicity shall he sent to the Nebraska State Patrol. When issuing statements,press rehouses,requests for prupuculs, bid solicitations and oiler documents describing projects or programs funded in whole or In pin with Federal money,,all subcontractors receiving Federal funds shill clearly stutc(a)the percentage u1't4 total cult of the program of project which will be liuuunccd with Federal money,and(b)the dollar amount of federal funds liar the project or program, 1h. The subcontractor agrees that any publication (written, visual or sound, excluding press releases, newsletters and issue analysis) issued by the subcontractor describing programs or projects bladed in whole or in part\rant federal funds shall contain the following alutcmenC "fins project was Supported by Gran)il awarded by the Office of-Juvenile Justice and Delinquency U.S. Department of Justice. Points of viel.'or opinions contained within this document are those of the tauthorlund ddolnot nece.55arilyice olJustice rcpre,cs, olfiuhul position or policies of the U.S.Department ofiustiee,' )reprc;;cat the — , . __ Q dtur , reject DirectorDate — or11,innl /Teller;Subeo/UruchJr keep eulrpfiur,vcnnlc, �.Lyiuv..mi aei 9Z0,ST0'd • 066171717172017:01 92T7H:172017 WIIOII'1 a1IH3 Od0:W0eU L :TI 8002-2T-33A . • • . - • . • • - . ed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) EXHIBIT "B" CONTRACTOR EMPLOYMENT DATA THIS FORM MUST BE SUBMITTED WITH THE BID BIDDERS ARE REQUIRED TO SUBMIT THE FOLLOWING WORK FORCE DATA WITH EACH BID (Protected Class is defined as Black, Hispanic,Asian and Pacific Islander,American Indian or Alaskan Native, Female.) Total Employees Protected Class Males Protected Class Females American American Total Total Asian or Indian or Asian or Indian or Work Protected Pacific Alaskan Pacific Alaskan Date Force Class Black Hispanic Islander Native Black Hispanic Islander Native White 22/01/08 5 1 1 "Refer any questions regarding the BID or SPECIFICATIONS directly to the Purchasing Department(402)444-5400 or as shown of bid. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department. Any Questions regarding the Contract Compliance Ordinance should be directed to the Human Relations Department at(402)444-5055. (PLEASE PRINT LEGIBLY OR TYPE) Firm's Name: Contrivium Design & Urbanism Inc. zl01b (Date of Signing) Signature: EddySantamaria Principal 8=12{ (Print Name) (Title) (Signature) ent must be listed in the"Agreed Price"column;total in this column must equal the PBE/DBE goals. CERTIFICATION The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read, understands, and agrees to be bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, and the other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the Bidder to make the statements and representations in the PBE/DBE Participation Contract Specifications 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 Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract 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 Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of anytur o tract Awards. Signature Title RlL j./(`j P9.t Date of Signing Zf+ '0 5 Firm or Corporate Name CIt j V i V 1• - 14,2 tc ()maw%say— Address(3 o j ry 1cAt o 1.416. 'Vneetc. Telephone Number 402. 34i ex?9 coon d t4e 66 f o project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of all contracts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set funding by the Nebraska State Patrol. A copy of such publicity shall he sent to the Nebraska State Patrol. When issuing statements,press rehouses,requests for prupuculs, bid solicitations and oiler documents describing projects or programs funded in whole or In pin with Federal money,,all subcontractors receiving Federal funds shill clearly stutc(a)the percentage u1't4 total cult of the program of project which will be liuuunccd with Federal money,and(b)the dollar amount of federal funds liar the project or program, 1h. The subcontractor agrees that any publication (written, visual or sound, excluding press releases, newsletters and issue analysis) issued by the subcontractor describing programs or projects bladed in whole or in part\rant federal funds shall contain the following alutcmenC "fins project was Supported by Gran)il awarded by the Office of-Juvenile Justice and Delinquency U.S. Department of Justice. Points of viel.'or opinions contained within this document are those of the tauthorlund ddolnot nece.55arilyice olJustice rcpre,cs, olfiuhul position or policies of the U.S.Department ofiustiee,' )reprc;;cat the — , . __ Q dtur , reject DirectorDate — or11,innl /Teller;Subeo/UruchJr keep eulrpfiur,vcnnlc, �.Lyiuv..mi aei 9Z0,ST0'd • 066171717172017:01 92T7H:172017 WIIOII'1 a1IH3 Od0:W0eU L :TI 8002-2T-33A . • • . - • . • • - . ed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) • EXHIBIT "C" QUARTERLY REPORT ON PROTECTED AND/OR DISADVANTAGED BUSINESS ENTERPRISES (This form must be submitted within 10 calendar days of the end of each calendar quarter, from the start of the project.) Company Name: CoNT?U U 1 U DES-1641 C. U1i.F N Project Number: Zbo7.O(o Project Name: ()yhgt}. CrveNtio61 • V ct rlN?S $.ER.4I (virryLtut 1 oVPreon) Total Contract Amount: 3 4,, 43a . vo Calendar Quarter Covered by this Report: 1st 3rd —2nd —4th Year200_ I. Protected and/or Disadvantaged Contractors Instructions: List all Protected and/or Disadvantaged Subcontractors which have performed work since Notice to Proceed (NTP), are currently performing work, and are contemplated to perform work during the duration of the City of Omaha Contracts. Name and total dollars committed and paid. Name of Protected and/or Disadvantaged Dollars Paid During Dollars Paid Since Business Enterprise Work Assignment Dollars Committed Quarter (NTP)to Date ations Department. Any Questions regarding the Contract Compliance Ordinance should be directed to the Human Relations Department at(402)444-5055. (PLEASE PRINT LEGIBLY OR TYPE) Firm's Name: Contrivium Design & Urbanism Inc. zl01b (Date of Signing) Signature: EddySantamaria Principal 8=12{ (Print Name) (Title) (Signature) ent must be listed in the"Agreed Price"column;total in this column must equal the PBE/DBE goals. CERTIFICATION The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goal achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read, understands, and agrees to be bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, and the other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the Bidder to make the statements and representations in the PBE/DBE Participation Contract Specifications 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 Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract 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 Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of anytur o tract Awards. Signature Title RlL j./(`j P9.t Date of Signing Zf+ '0 5 Firm or Corporate Name CIt j V i V 1• - 14,2 tc ()maw%say— Address(3 o j ry 1cAt o 1.416. 'Vneetc. Telephone Number 402. 34i ex?9 coon d t4e 66 f o project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of all contracts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set funding by the Nebraska State Patrol. A copy of such publicity shall he sent to the Nebraska State Patrol. When issuing statements,press rehouses,requests for prupuculs, bid solicitations and oiler documents describing projects or programs funded in whole or In pin with Federal money,,all subcontractors receiving Federal funds shill clearly stutc(a)the percentage u1't4 total cult of the program of project which will be liuuunccd with Federal money,and(b)the dollar amount of federal funds liar the project or program, 1h. The subcontractor agrees that any publication (written, visual or sound, excluding press releases, newsletters and issue analysis) issued by the subcontractor describing programs or projects bladed in whole or in part\rant federal funds shall contain the following alutcmenC "fins project was Supported by Gran)il awarded by the Office of-Juvenile Justice and Delinquency U.S. Department of Justice. Points of viel.'or opinions contained within this document are those of the tauthorlund ddolnot nece.55arilyice olJustice rcpre,cs, olfiuhul position or policies of the U.S.Department ofiustiee,' )reprc;;cat the — , . __ Q dtur , reject DirectorDate — or11,innl /Teller;Subeo/UruchJr keep eulrpfiur,vcnnlc, �.Lyiuv..mi aei 9Z0,ST0'd • 066171717172017:01 92T7H:172017 WIIOII'1 a1IH3 Od0:W0eU L :TI 8002-2T-33A . • • . - • . • • - . ed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) • EXHIBIT"D" CONTRIVIUM DESIGN& URBANISM 1301 Nicholas Street Studio 301 Omaha,Nebraska 68102 Phone:402-34'-O493 Fax: 402 341-0496 PROJECT PROPOSAL Page 1 of 5 Date: January 22,2008 Client: Omaha Convention&Visitors Bureau Project: Office Renovation Address: 1001 Farnam-on-the-Mall Suite 200 Project: Locations: Omaha,NE Omaha,NE 68102 Telephone: (402)444. 3642 Project No.: Fax No.: (402)444. 4511 Client Contact: Kathy Rocco, Director of Retail &Visitor Services/Film Commissioner. Design Team: Project Designer: Eddy Santamaria, Contrivium Design&Urbanism Inc. Project Architect of Record: Adam Mull, AIA, AM architecture Inc. Structural Engineer: Abby Cheshier,PE, Performance Engineering Inc. Mechanical Engineer: Ron Feverback,PE,Alvine&Associates Inc. Electrical engineer: Charlie J.Werp PE,Alvine&Associates Inc. Scope of Work: This proposal outlines the design services for the complete design and contract administration of an interior renovation to an existing building located 1001 Farnam-on- the-Mall. The Omaha Convention& Visitors Bureau will expand it operation to occupy the entire main and second floor of this building. This proposal is for the work to be designed for the main floor only. This includes the main level east bay(1,786 Sq. Ft.)to be designed as space to include a visitor's information and a retail/coffee shop area. We will also design the exterior space on the east side of the building to accommodate outdoor seating and planters as part of the overall design of the visitor's information center. Exterior and interior signage will be designed and coordinated with the marketing department and consultants provided by the Omaha Convention&Visitors Bureau. The west bay on the main level (2,250 Sq. Ft.) is to be designed for administrated offices for the expanding Omaha Convention&Visitors Bureau. The design team will work within historical preservations guidelines of the dder to make the statements and representations in the PBE/DBE Participation Contract Specifications 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 Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract 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 Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of anytur o tract Awards. Signature Title RlL j./(`j P9.t Date of Signing Zf+ '0 5 Firm or Corporate Name CIt j V i V 1• - 14,2 tc ()maw%say— Address(3 o j ry 1cAt o 1.416. 'Vneetc. Telephone Number 402. 34i ex?9 coon d t4e 66 f o project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of all contracts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set funding by the Nebraska State Patrol. A copy of such publicity shall he sent to the Nebraska State Patrol. When issuing statements,press rehouses,requests for prupuculs, bid solicitations and oiler documents describing projects or programs funded in whole or In pin with Federal money,,all subcontractors receiving Federal funds shill clearly stutc(a)the percentage u1't4 total cult of the program of project which will be liuuunccd with Federal money,and(b)the dollar amount of federal funds liar the project or program, 1h. The subcontractor agrees that any publication (written, visual or sound, excluding press releases, newsletters and issue analysis) issued by the subcontractor describing programs or projects bladed in whole or in part\rant federal funds shall contain the following alutcmenC "fins project was Supported by Gran)il awarded by the Office of-Juvenile Justice and Delinquency U.S. Department of Justice. Points of viel.'or opinions contained within this document are those of the tauthorlund ddolnot nece.55arilyice olJustice rcpre,cs, olfiuhul position or policies of the U.S.Department ofiustiee,' )reprc;;cat the — , . __ Q dtur , reject DirectorDate — or11,innl /Teller;Subeo/UruchJr keep eulrpfiur,vcnnlc, �.Lyiuv..mi aei 9Z0,ST0'd • 066171717172017:01 92T7H:172017 WIIOII'1 a1IH3 Od0:W0eU L :TI 8002-2T-33A . • • . - • . • • - . ed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) Page 2 of 5 building as well as the federal requirement of the American with Disabilities Act to design the renovated areas to be fully compliant. The following is our phasing and cost proposal: Phase I Space Pf o rantnaing This preliminary phase is about gathering information that will be essential in the design phases to follow. This includes the gathering of information for the visitor center, coffee/retail area, and offices to be located in one of two location downtown Omaha. We will provide assistance in reviewing and calculating the new lease areas as proposed by the landlord, as well as assistance with the coordination and selection of new furniture for the selected space. This phase included our participation in all coordination meetings required to achieves a successful project programming. Phase I Schematic Design Working with client,the design team the will created"as-built"drawings of the existing spaces to be renovated. These drawings will be used to developed new layouts for the visitor's center areas as well as the offices. We will have several meetings regarding the function of the space, its requirements and most important its public appearance. These Schematic floor plan, model and rendering schemes will be presented and evaluated to determinate the most appropriated use of the space and overall direction to be taken for the project. We propose to provide a cost estimate based on a budgetary square footage cost as part of this phase of the project to be further developed together with the drawings in the following design phases. Phase I Design Development The work completed in this phase will refine the schematic design for the project, further developing the design drawings, floor plans, materials and details. This phase is best used for value engineering and modifying the design to meet any changing market demands before the documents are completed. This phase provides more system-oriented information to provide building costs to use in the development of the project cost and to allow changes if needed. The design will provide a set of documents to the client to review and provide a more detailed cost estimated before proceeding with the construction documents. to formal agreement(s)with Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract 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 Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of anytur o tract Awards. Signature Title RlL j./(`j P9.t Date of Signing Zf+ '0 5 Firm or Corporate Name CIt j V i V 1• - 14,2 tc ()maw%say— Address(3 o j ry 1cAt o 1.416. 'Vneetc. Telephone Number 402. 34i ex?9 coon d t4e 66 f o project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of all contracts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set funding by the Nebraska State Patrol. A copy of such publicity shall he sent to the Nebraska State Patrol. When issuing statements,press rehouses,requests for prupuculs, bid solicitations and oiler documents describing projects or programs funded in whole or In pin with Federal money,,all subcontractors receiving Federal funds shill clearly stutc(a)the percentage u1't4 total cult of the program of project which will be liuuunccd with Federal money,and(b)the dollar amount of federal funds liar the project or program, 1h. The subcontractor agrees that any publication (written, visual or sound, excluding press releases, newsletters and issue analysis) issued by the subcontractor describing programs or projects bladed in whole or in part\rant federal funds shall contain the following alutcmenC "fins project was Supported by Gran)il awarded by the Office of-Juvenile Justice and Delinquency U.S. Department of Justice. Points of viel.'or opinions contained within this document are those of the tauthorlund ddolnot nece.55arilyice olJustice rcpre,cs, olfiuhul position or policies of the U.S.Department ofiustiee,' )reprc;;cat the — , . __ Q dtur , reject DirectorDate — or11,innl /Teller;Subeo/UruchJr keep eulrpfiur,vcnnlc, �.Lyiuv..mi aei 9Z0,ST0'd • 066171717172017:01 92T7H:172017 WIIOII'1 a1IH3 Od0:W0eU L :TI 8002-2T-33A . • • . - • . • • - . ed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) Page 3 of 5 Phase 1:[1 Construction Documents Construction documents will be prepared for the project in this phase. The work in this phase will provide the necessary drawings and specifications to describe the scope and quality of the project. The documents will be prepared for the purpose of constructing the project and receiving permits from the City of Omaha,Nebraska. The contract documents will be prepared in accordance with the prevailing rules and regulations of the applicable agencies considered standard practice within the jurisdiction of the site. As determinate by the client and the design team,the construction documents will be issued in subsequent packages if necessary to meet the construction schedule as well at the construction budget. Phase 1.V Contract Administration At the commencement of construction,the design team will attend weekly coordination meetings (or as necessary);visit the site at certain parts of the construction to observe the progress of the work, review required submittals and administer any supplementary information needed for the proper construction of the project. The Design Team will provide answers to questions from to the contractor, interpret the contract documents and assist in making critical field decisions. PROPOSED FEES We proposed to provide the complete interior improvement design services based the Gross Square Foot area intended to be occupied at an estimated 10%of the construction cost. This is to include all Interior Design,HVAC &Electrical Engineering, selection of finishes & fixtures and necessary drawings & specifications to bid this project. Main Level Visitor Information center Expansion & Office Renovation Fees Phase I Space Programming (Lump sum Fee) $4,500.00 Phase II Schematic Design (25%of established fee) $7,608.00 Phase III Design Development(25%of established fee) $7,608.00 Phase IV Construction Documents (40%of established fee) $12,172.80 Phase IV Construction Observation. (10% of established fee) $3,043.20 Reimbursable Expenses (Lump sum fee) $1,500.00 Total Fee: $36,432.00 review and provide a more detailed cost estimated before proceeding with the construction documents. to formal agreement(s)with Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract 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 Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of anytur o tract Awards. Signature Title RlL j./(`j P9.t Date of Signing Zf+ '0 5 Firm or Corporate Name CIt j V i V 1• - 14,2 tc ()maw%say— Address(3 o j ry 1cAt o 1.416. 'Vneetc. Telephone Number 402. 34i ex?9 coon d t4e 66 f o project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of all contracts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set funding by the Nebraska State Patrol. A copy of such publicity shall he sent to the Nebraska State Patrol. When issuing statements,press rehouses,requests for prupuculs, bid solicitations and oiler documents describing projects or programs funded in whole or In pin with Federal money,,all subcontractors receiving Federal funds shill clearly stutc(a)the percentage u1't4 total cult of the program of project which will be liuuunccd with Federal money,and(b)the dollar amount of federal funds liar the project or program, 1h. The subcontractor agrees that any publication (written, visual or sound, excluding press releases, newsletters and issue analysis) issued by the subcontractor describing programs or projects bladed in whole or in part\rant federal funds shall contain the following alutcmenC "fins project was Supported by Gran)il awarded by the Office of-Juvenile Justice and Delinquency U.S. Department of Justice. Points of viel.'or opinions contained within this document are those of the tauthorlund ddolnot nece.55arilyice olJustice rcpre,cs, olfiuhul position or policies of the U.S.Department ofiustiee,' )reprc;;cat the — , . __ Q dtur , reject DirectorDate — or11,innl /Teller;Subeo/UruchJr keep eulrpfiur,vcnnlc, �.Lyiuv..mi aei 9Z0,ST0'd • 066171717172017:01 92T7H:172017 WIIOII'1 a1IH3 Od0:W0eU L :TI 8002-2T-33A . • • . - • . • • - . ed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) . Page 4 of 5 CONTRACT NOTES 1. At the end of each phase, the Client will review the work and provide written acceptance. When written acceptance is provided to the lead Designer, work will commence on the following phase. 2. Costs(direct expenses) generated during the course of the work, such as, but not limited to,printing, reproduction, courier services and ground and air transportation to and from the project location, are in addition to the fee proposal quoted and are billed to the client at the actual amount incurred this amount shall not exceed $1,500. 3. Design of Audio visual, IT, and security system and design are not included in this proposal. The assistance and all coordination of these trades is included in this proposal. 4. The selection furniture, Appliances and Art pieces are not included in this proposal. 5. Civil engineering and Landscape architectural services are not included in the fee proposal. 6. Additional services, such as defined in items 3 through 5 above, can be provided under a separate contract, or can be addended to this contract. 7 Additional work provided for government approvals beyond the first submittal will be billed on a time and materials basis. The billing rates will be $125.00 per hour. 8 The American Institute of Architects, General Conditions of the Contract for Construction, Latest Edition, is hereby incorporated as part of the Construction Documents. STANDARD CONDITIONS 1. This proposal is a lump sum fee proposal. The fee quoted will not be exceeded without notice to the client or unless necessitated by a"change of scope"from that defined in this proposal. The client prior to initiation shall approve such"change of scope". 2. Bills are rendered by the 1st day of each month for services provided and expenses incurred to the date of billing and are due and payable upon receipt. It is the design team's policy to stop all work on projects if payment in full of any previous balance is not collected by the 10th of the month following billing e Expenses (Lump sum fee) $1,500.00 Total Fee: $36,432.00 review and provide a more detailed cost estimated before proceeding with the construction documents. to formal agreement(s)with Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the PBE/DBE Specifications at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract 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 Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of anytur o tract Awards. Signature Title RlL j./(`j P9.t Date of Signing Zf+ '0 5 Firm or Corporate Name CIt j V i V 1• - 14,2 tc ()maw%say— Address(3 o j ry 1cAt o 1.416. 'Vneetc. Telephone Number 402. 34i ex?9 coon d t4e 66 f o project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of all contracts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set funding by the Nebraska State Patrol. A copy of such publicity shall he sent to the Nebraska State Patrol. When issuing statements,press rehouses,requests for prupuculs, bid solicitations and oiler documents describing projects or programs funded in whole or In pin with Federal money,,all subcontractors receiving Federal funds shill clearly stutc(a)the percentage u1't4 total cult of the program of project which will be liuuunccd with Federal money,and(b)the dollar amount of federal funds liar the project or program, 1h. The subcontractor agrees that any publication (written, visual or sound, excluding press releases, newsletters and issue analysis) issued by the subcontractor describing programs or projects bladed in whole or in part\rant federal funds shall contain the following alutcmenC "fins project was Supported by Gran)il awarded by the Office of-Juvenile Justice and Delinquency U.S. Department of Justice. Points of viel.'or opinions contained within this document are those of the tauthorlund ddolnot nece.55arilyice olJustice rcpre,cs, olfiuhul position or policies of the U.S.Department ofiustiee,' )reprc;;cat the — , . __ Q dtur , reject DirectorDate — or11,innl /Teller;Subeo/UruchJr keep eulrpfiur,vcnnlc, �.Lyiuv..mi aei 9Z0,ST0'd • 066171717172017:01 92T7H:172017 WIIOII'1 a1IH3 Od0:W0eU L :TI 8002-2T-33A . • • . - • . • • - . ed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) Page 5 of 5 3. Costs advance(direct costs)will be billed directly to the client. Direct costs include: a. Special materials and supplies. b. Courier services. c. Printing and reproduction,photographic or otherwise. d. Ground transportation @$0.445 per mile. 4. Our fees are predicated upon our work being performed in a smooth,organized flow from beginning to end. Any phasing or piece work(defined as work broken into parts)resulting in repeated effort or inefficient use of manpower and equipment,created by the actions of the client,will be identified by us to the client and will be justification for an adjustment to our fees. 5. All drawings,specifications and other work produced by the Design Team for this project are instruments of service for this project only and shall remain the property of the Architect whether the project is completed or not. Reuse of any of the instruments of service of the Design Team by the client on extensions of this project or any other project without the written permission of the Architect shall be at the client's risk and the client agrees to defend,indemnify and hold harmless the Design Team from all claims,damages, and expenses including attorney's fees arising out of such unauthorized reuse of the Design Team's instruments of service by the client or by others acting through the client. 6. The client agrees to limit the Design Team's liability to the client and to all construction contractors and subcontractors on the project arising from the Design Team's and/or their consultant's negligent acts,errors and omissions such that the total aggregate liability of the Design Team to all those named shall not exceed the Design Team's total fee for services rendered on the project. 7. When signed,this proposal represents an agreement between the client Omaha Convention&Visitors Bureau,and Contrivium Design &Urbanism Inc. for professional services. Inasmuch as this is a professional agreement,the client may,at any time, inform Contrivium Design &Urbanism Inc.of his desire to discontinue this agreement. When such written notice is received,the Contrivium Design&Urbanism Inc. will provide the client with a statement of billing of services rendered to date. Upon receipt of payment,the contract will be considered at an end. ?A,t SUBMITTED BY: Eddy Santamaria APPROVED BY: Name: EDT/ SA3-1 - Name: Title: ?pi nc, Title: Date: 0210¢/ D 6 Date: cations at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract 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 Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of anytur o tract Awards. Signature Title RlL j./(`j P9.t Date of Signing Zf+ '0 5 Firm or Corporate Name CIt j V i V 1• - 14,2 tc ()maw%say— Address(3 o j ry 1cAt o 1.416. 'Vneetc. Telephone Number 402. 34i ex?9 coon d t4e 66 f o project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of all contracts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set funding by the Nebraska State Patrol. A copy of such publicity shall he sent to the Nebraska State Patrol. When issuing statements,press rehouses,requests for prupuculs, bid solicitations and oiler documents describing projects or programs funded in whole or In pin with Federal money,,all subcontractors receiving Federal funds shill clearly stutc(a)the percentage u1't4 total cult of the program of project which will be liuuunccd with Federal money,and(b)the dollar amount of federal funds liar the project or program, 1h. The subcontractor agrees that any publication (written, visual or sound, excluding press releases, newsletters and issue analysis) issued by the subcontractor describing programs or projects bladed in whole or in part\rant federal funds shall contain the following alutcmenC "fins project was Supported by Gran)il awarded by the Office of-Juvenile Justice and Delinquency U.S. Department of Justice. Points of viel.'or opinions contained within this document are those of the tauthorlund ddolnot nece.55arilyice olJustice rcpre,cs, olfiuhul position or policies of the U.S.Department ofiustiee,' )reprc;;cat the — , . __ Q dtur , reject DirectorDate — or11,innl /Teller;Subeo/UruchJr keep eulrpfiur,vcnnlc, �.Lyiuv..mi aei 9Z0,ST0'd • 066171717172017:01 92T7H:172017 WIIOII'1 a1IH3 Od0:W0eU L :TI 8002-2T-33A . • • . - • . • • - . ed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) • EXHIBIT"E" BREAKDOWN OF COSTS We proposed to provide the complete interior improvement design services based the Gross Square Foot area intended to be occupied at an estimated 10%of the construction cost. This is to include all Interior Design, HVAC &Electrical Engineering, selection of finishes &fixtures and necessary drawings & specifications to bid this project. Main Level Visitor Information Center Expansion & Office Renovation Fees Phase I Space Programming (Lump sum Fee) $4,500.00 Phase II Schematic Design (25%of established fee) $7,608.00 Phase III Design Development (25%of established fee) $7,608.00 Phase IV Construction Documents (40%of established fee) $12,172.80 Phase IV Construction Observation. (10%of established fee) $3,043.20 Reimbursable Expenses (Lump sum fee) $1,500.00 Total Fee: $36,432.00 • $1,500.00 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the Convention and Tourism Depaitiiient leases space on the first and second floors of the LeDioyt Building, located at 1001 Farnam-on-the-Mall, for a visitors information center and administrative offices; and, WHEREAS, the Convention and Tourism Department desires to lease additional space in such building to expand the visitors information center and provide additional space for its operations; and, WHEREAS, certain professional services, including schematic design, design development, preparation of construction documents, and contract administration, are necessary; and, WHEREAS, Contrivium Design &Urbanism Inc. desires to provide such services as more fully specified on the attached contract; and, WHEREAS, it is in the best interests of the City of Omaha to approve such agreement; and, WHEREAS, the Mayor recommends approval of such contract with Contrivium Design&Urbanism, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the attached contract between the City of Omaha and Contrivium Design & Urbanism, Inc. for professional services, including schematic design, design development, preparation of construction documents, and contract administration for the expansion and renovation of the Convention and Tourism Department leased space in the LeDioyt Building at 1001 Farnam-on-the-Mall in the total amount of $36,432 is hereby approved. • By Councilmember Adopted City Clerk Approved Mayor m's total fee for services rendered on the project. 7. When signed,this proposal represents an agreement between the client Omaha Convention&Visitors Bureau,and Contrivium Design &Urbanism Inc. for professional services. Inasmuch as this is a professional agreement,the client may,at any time, inform Contrivium Design &Urbanism Inc.of his desire to discontinue this agreement. When such written notice is received,the Contrivium Design&Urbanism Inc. will provide the client with a statement of billing of services rendered to date. Upon receipt of payment,the contract will be considered at an end. ?A,t SUBMITTED BY: Eddy Santamaria APPROVED BY: Name: EDT/ SA3-1 - Name: Title: ?pi nc, Title: Date: 0210¢/ D 6 Date: cations at the price(s)set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made by the bidder knowing them to be false,or if there is a failure by the successful bidder(i.e.the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractor's bid or to terminate the Contract 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 Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of anytur o tract Awards. Signature Title RlL j./(`j P9.t Date of Signing Zf+ '0 5 Firm or Corporate Name CIt j V i V 1• - 14,2 tc ()maw%say— Address(3 o j ry 1cAt o 1.416. 'Vneetc. Telephone Number 402. 34i ex?9 coon d t4e 66 f o project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Department in any reviews of all contracts over $200,000 to assist it in successful in this solicitation, to firms owned by meeting its overall PBE/DBE goals set forth Protected and/or Disadvantaged Business above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set funding by the Nebraska State Patrol. A copy of such publicity shall he sent to the Nebraska State Patrol. When issuing statements,press rehouses,requests for prupuculs, bid solicitations and oiler documents describing projects or programs funded in whole or In pin with Federal money,,all subcontractors receiving Federal funds shill clearly stutc(a)the percentage u1't4 total cult of the program of project which will be liuuunccd with Federal money,and(b)the dollar amount of federal funds liar the project or program, 1h. The subcontractor agrees that any publication (written, visual or sound, excluding press releases, newsletters and issue analysis) issued by the subcontractor describing programs or projects bladed in whole or in part\rant federal funds shall contain the following alutcmenC "fins project was Supported by Gran)il awarded by the Office of-Juvenile Justice and Delinquency U.S. Department of Justice. Points of viel.'or opinions contained within this document are those of the tauthorlund ddolnot nece.55arilyice olJustice rcpre,cs, olfiuhul position or policies of the U.S.Department ofiustiee,' )reprc;;cat the — , . __ Q dtur , reject DirectorDate — or11,innl /Teller;Subeo/UruchJr keep eulrpfiur,vcnnlc, �.Lyiuv..mi aei 9Z0,ST0'd • 066171717172017:01 92T7H:172017 WIIOII'1 a1IH3 Od0:W0eU L :TI 8002-2T-33A . • • . - • . • • - . ed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 2 FURTHER, THAT, the Finance Director is authorized to pay the costs thereof from Fiscal Year 2008, Fund No. 21109, Organization No. 115912, Account No. 42415. APPROVED AS TO FORM: ad4/L- 4-3 ITY ATTORNEY DATE p:\LAW-COUNCIL DOCUMENTS\2008\20008v1j 4 I By Councilmember Adopted 1-2 ? 8 -7-e City Clerrkk/ Approved dlar-05/tv ayor • of established fee) $7,608.00 Phase III Design Development (25%of established fee) $7,608.00 Phase IV Construction Documents (40%of established fee) $12,172.80 Phase IV Construction Observation. (10%of established fee) $3,043.20 Reimbursable Expenses (Lump sum fee) $1,500.00 Total Fee: $36,432.00 • $1,500.00 ,v ' c C o cD an _ w OOo - O ,-, o,� O . .. n r* F a CD Z o N090 o 0 ` u p -, 0 nA. h C7 \ . 0 -, sl, r:-, -•.a < g- 0 0 4. ,-.,. SID� cD O "J O {�\ = R Z 2 ,— aq - ,0 -- fa' _ cro \ o .:Po,, 2 °, ,2aPD ° 8 " A � FD. • .ti 1-2 ? 8 -7-e City Clerrkk/ Approved dlar-05/tv ayor • of established fee) $7,608.00 Phase III Design Development (25%of established fee) $7,608.00 Phase IV Construction Documents (40%of established fee) $12,172.80 Phase IV Construction Observation. (10%of established fee) $3,043.20 Reimbursable Expenses (Lump sum fee) $1,500.00 Total Fee: $36,432.00 • $1,500.00