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RES 2006-1009 - Agmt with HDR Engineering Inc for suburban park master plan of coomA,N..4 Parks, Recreation & ��� � � RECEIVED Public Property Department fr r N[s ® j ��; ^ Omaha/Douglas Civic Center 'art it 0 f AUG c l} PM 3: 2 2 1819 Farnam Street,Suite 701 ' Omaha,Nebraska 68183-0701 �A-- 1,• CITY r �r+�+' O��TFD FEBRJtzy C I i^ � C L L R K (402)444-5900 O M A H A, ' E B R A c:71 A FAX(402)444-4921 City of Omaha Steven Scarpello Mike Fahey,Mayor September 12, 2006 Acting Director Honorable President And Members of the City Council, Attached for your consideration is a Resolution that approves a Professional Services Agreement between the City of Omaha and HDR Engineering, Inc. to provide professional services needed to complete the financial component of the Suburban Parks Master Plan update. This process will review and revise the existing plan for financing the purchase and development of suburban parks,boulevards and trails. The Finance Department is authorized to pay for the cost of these professional services on an hourly basis with a not to exceed maximum of$31,427.00, including reimbursables, from Fund No. 12135; Community Park Development and Organization No. 131621, Recreation and Culture Borid. HDR Engineering, Inc. has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the Human Relations Director will review the contractor to ensure compliance with the Contract Compliance Ordinance Your favorable consideration of this Resolution is respectfully requested. Respectfully submitted, Approved: 7/1 /Ot g/ 2/b(,a Steve Scarpello, D ector Date Gail KinseyTh son, Date � Parks, Recreation and Human Rights and Relations Department Public Property Department Approved as to Funding: Referred to City Council for Consideration: It34 -l9 o4 Carol Ebdon, Director 16^ Date ayor s Office Date Finance Department P:\PRPP 1\7036sap.doc e City's policy is that projects serving extremely low-income persons will generally require a higher subsidy than projects serving low-income persons, an that projects serving low-income persons will require a higher subsidy than projects serving moderate-income persons, and so forth. Other factors may include whether or not the project serves primarily persons with physical or mental disability, elderly persons, or others with special needs. Additionally, non-profit organizations will generally require a higher subsidy than for-profit businesses. Project cash flow and rate of return will also be evaluated. The City of Omaha normally will not allow an excessive gain or profit to be derived from a project. The specific standard governing rate of return is the return on investment shall not exceed twenty percent(20%); except in the case of a Single-Family Rental Rehabilitation Program project with no first mortgage, the project costs have been certified by the Planning Department, rents are affordable, and operating expenses are reasonable,the maximum return on investment shall not exceed forty percent(40%). Certification: / 4 The Ville.f e. 64de if i-� F; project located at 6 0Q3 �au�P�f I has been evaluated in accordance with the above Subsidy Layering Standards for the HOME Program guidelines, as approved by the Planning Director and the Housing and Community Development M ager. fi D (o Daisy Cai Burton, Contract Administration D to and Compliance Manager Revised 3/15/04 E subcontractor to the Bidder or other verification in writing from the B. PBE/DBE Reporting and Record Keeping Requirements. PBE/DBE subcontractor that said subcontractor has agreed to perform the subcontracting work 1. The Contractor shall submit periodic reports of identified in the bid submitted by the Bidder. contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at b. If Bidder fails to meet the goals set forth above, such time as prescribed by the City of Omaha (Exhibit Good Faith Efforts Documentation must be "C" is currently required to be submitted within ten submitted with bid. (10) calendar days following the end of each calendar quarter, from the start of the project). c. Also, prior to award of this contract, all Bidders must submit Exhibit `B" Contractor Employment 2. The Contractor and subcontractors shall permit Data Form with the bid. access to their books, records and accounts by the Human Relations Director or a designated d. The Bidder and any of its subcontractors that have representative for purpose of investigation to been designated by the Bidder as PBE and/or DBE ascertain compliance with these specified numbers of in the contract work. In any case,Exhibits"A"and"B" PBE/DBE's that were contracted; must be submitted with the bid. If the information so (2) A description of the information provided to submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed;and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any eet such goals. If any 7,616 $162,107 $186,102 48.9% 1171 $123,752 $157,199 $180,467 46.2% 1241 $127,672 $162,178 $186,184 49.0% 1172 $123,808 $157,270 $180,549 46.3% 1242 $127,728 $162,250 $186,265 49.0% 1173 $123,864 $157,341 $180,631 46.3% 1243 $127,784 $162,321 $186,347 49.1% 1174 $123,920 $157,412 $180,712 46.3% 1244 $127,840 $162,392 $186,429 49.1% 1175 $123,976 $157,484 $180,794 46.4% 1245 $127,896 $162,463 $186,510 49.1% 1176 $124,032 $157,555 $180,876 46.4% 1246 $127,952 $162,534 $186,592 49.2% 1177 $124,088 $157,626 $180,957 46.4% 1247 $128,008 $162,605 $186,674 49.2% 1178 $124,144 $157,697 $181,039 46.5% 1248 $128,064 $162,676 $186,755 49.3% 1179 $124,200 $157,768 $181,121 46.5% 1249 $128,120 $162,748 $186,837 49.3% 1180 $124,256 $157,839 $181,202 46.6% 1250 $128,176 $162,819 $186,919 49.3% 1181 $124,312 $157,910 $181,284 46.6% 1251 $128,232 $162,890 $187,000 49.4% 1182 $124,368 $157,981 $181,366 46.6% 1252 $128,288 $162,961 $187,082 49.4% 1183 $124,424 $158,053 $181,447 46.7% 1253 $128,344 $163,032 $187,164 49.4% 1184 $124,480 $158,124 $181,529 46.7% 1254 $128,400 $163,103 $187,245 49.5% 1185 $124,536 $158,195 $181,611 46.8% 1255 $128,456 $163,174 $187,327 49.5% 1186 $124,592 $158,266 $181,692 46.8% 1256 $128,512 $163,246 $187,409 49.6% .a 1 • PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this K day of ( , 2006, by and between the City of Omaha, a municipal corporation located in Douglas County, Neb aska (hereinafter referred to as the "City"), and HDR Engineering, Inc. (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. I. PROJECT NAME AND DESCRIPTION A. Finance Plan for the Suburban Parks Master Plan II. DUTIES OF PROVIDER A. Provider agrees to perform professional services, as set out and more fully described in the Finance Plan for the Suburban Parks Master Plan Scope of Services attached hereto, for the City, relative to the above-referenced project. Such services shall be completed within a reasonable period after receipt of a purchase order from the City. B. Provider designates Stephanie White 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 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, a copy of which is provided in the attached Agreement For The Provision Of Limited Professional Services. E. Provider agrees to complete, within 120 calendar days after receipt of a signed agreement and a formal notice to proceed from the City, all items discussed in the attached Scope of Services for Finance Plan for the Suburban Parks Master Plan. The City recognizes that completion within this deadline is contingent upon timely meeting schedules and City input. III. DUTIES OF CITY A. City designates Patrice Slaven as its contact person for this project, who shall provide a notice to proceed and such other written authorizations as are necessary to commence or proceed with the project and various aspects of it. IV. COMPENSATION AND PAYMENT A. The cost of services as specified in the Scope of Services, shall be performed on an hourly basis, but in no event shall exceed Thirty-one thousand four hundred twenty-seven dollars and no cents ($31,427.00), including reimbursable expenses. The hourly basis shall be as set out in the proposal. The express written consent of the City shall be required in order to exceed said amount. Professional Service Agreement Page 1 of 4 w an excessive gain or profit to be derived from a project. The specific standard governing rate of return is the return on investment shall not exceed twenty percent(20%); except in the case of a Single-Family Rental Rehabilitation Program project with no first mortgage, the project costs have been certified by the Planning Department, rents are affordable, and operating expenses are reasonable,the maximum return on investment shall not exceed forty percent(40%). Certification: / 4 The Ville.f e. 64de if i-� F; project located at 6 0Q3 �au�P�f I has been evaluated in accordance with the above Subsidy Layering Standards for the HOME Program guidelines, as approved by the Planning Director and the Housing and Community Development M ager. fi D (o Daisy Cai Burton, Contract Administration D to and Compliance Manager Revised 3/15/04 E subcontractor to the Bidder or other verification in writing from the B. PBE/DBE Reporting and Record Keeping Requirements. PBE/DBE subcontractor that said subcontractor has agreed to perform the subcontracting work 1. The Contractor shall submit periodic reports of identified in the bid submitted by the Bidder. contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at b. If Bidder fails to meet the goals set forth above, such time as prescribed by the City of Omaha (Exhibit Good Faith Efforts Documentation must be "C" is currently required to be submitted within ten submitted with bid. (10) calendar days following the end of each calendar quarter, from the start of the project). c. Also, prior to award of this contract, all Bidders must submit Exhibit `B" Contractor Employment 2. The Contractor and subcontractors shall permit Data Form with the bid. access to their books, records and accounts by the Human Relations Director or a designated d. The Bidder and any of its subcontractors that have representative for purpose of investigation to been designated by the Bidder as PBE and/or DBE ascertain compliance with these specified numbers of in the contract work. In any case,Exhibits"A"and"B" PBE/DBE's that were contracted; must be submitted with the bid. If the information so (2) A description of the information provided to submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed;and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any eet such goals. If any 7,616 $162,107 $186,102 48.9% 1171 $123,752 $157,199 $180,467 46.2% 1241 $127,672 $162,178 $186,184 49.0% 1172 $123,808 $157,270 $180,549 46.3% 1242 $127,728 $162,250 $186,265 49.0% 1173 $123,864 $157,341 $180,631 46.3% 1243 $127,784 $162,321 $186,347 49.1% 1174 $123,920 $157,412 $180,712 46.3% 1244 $127,840 $162,392 $186,429 49.1% 1175 $123,976 $157,484 $180,794 46.4% 1245 $127,896 $162,463 $186,510 49.1% 1176 $124,032 $157,555 $180,876 46.4% 1246 $127,952 $162,534 $186,592 49.2% 1177 $124,088 $157,626 $180,957 46.4% 1247 $128,008 $162,605 $186,674 49.2% 1178 $124,144 $157,697 $181,039 46.5% 1248 $128,064 $162,676 $186,755 49.3% 1179 $124,200 $157,768 $181,121 46.5% 1249 $128,120 $162,748 $186,837 49.3% 1180 $124,256 $157,839 $181,202 46.6% 1250 $128,176 $162,819 $186,919 49.3% 1181 $124,312 $157,910 $181,284 46.6% 1251 $128,232 $162,890 $187,000 49.4% 1182 $124,368 $157,981 $181,366 46.6% 1252 $128,288 $162,961 $187,082 49.4% 1183 $124,424 $158,053 $181,447 46.7% 1253 $128,344 $163,032 $187,164 49.4% 1184 $124,480 $158,124 $181,529 46.7% 1254 $128,400 $163,103 $187,245 49.5% 1185 $124,536 $158,195 $181,611 46.8% 1255 $128,456 $163,174 $187,327 49.5% 1186 $124,592 $158,266 $181,692 46.8% 1256 $128,512 $163,246 $187,409 49.6% f 7 B. Provider shall submit periodic invoices to the City contact person, detailing services performed and the cost thereof. City shall pay such invoices within thirty(30)days after the date of the invoice. V. OWNERSHIP A. All documents provided pursuant to the terms of this agreement shall be and become the property of the City. VI. ADDITIONAL SERVICES A. In the event additional services for the aforementioned project not covered under this agreement are required, Provider agrees to provide such services at a mutually agreed upon cost. VII. INSURANCE REQUIREMENTS A. Provider shall carry professional liability insurance and shall carry workers'compensation insurance in accordance with the statutory requirements of the State of Nebraska. VI II. INDEMNIFICATION A. To the fullest extent permitted by law, the Provider shall indemnify and hold harmless the City, its agents and employees, their successors and assigns, individually and collectively, from and against all claims, suits, damages, fines, losses and expenses, including but not limited to attorneys'fees, arising out of or resulting from the provision of services under this agreement, provided that such claim, suit, damage,fine, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Provider, anyone directly or indirectly employed by it, or anyone for whose acts it may be liable, regardless of whether or not such claim, suit, damage,fine, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this paragraph. B. In claims against any person or entity indemnified under this paragraph by an employee of the Provider, anyone directly or indirectly employed by it, or anyone for whose acts it may be liable, the indemnification obligation under this paragraph shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Provider under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. IX. TERMINATION OF AGREEMENT A. This agreement may be terminated by the City upon written notice to the Provider of such termination and specifying the effective date at least seven (7) days prior to the effective date of such termination. In the event of termination, the Provider shall be entitled to just and equitable payment for services rendered to the date of termination, and all finished or unfinished documents, data surveys, studies, drawings, maps, models, reports or photographs shall become,at the City's option, its property. X. GENERAL CONDITIONS Professional Service Agreement Page 2 of 4 tion Program project with no first mortgage, the project costs have been certified by the Planning Department, rents are affordable, and operating expenses are reasonable,the maximum return on investment shall not exceed forty percent(40%). Certification: / 4 The Ville.f e. 64de if i-� F; project located at 6 0Q3 �au�P�f I has been evaluated in accordance with the above Subsidy Layering Standards for the HOME Program guidelines, as approved by the Planning Director and the Housing and Community Development M ager. fi D (o Daisy Cai Burton, Contract Administration D to and Compliance Manager Revised 3/15/04 E subcontractor to the Bidder or other verification in writing from the B. PBE/DBE Reporting and Record Keeping Requirements. PBE/DBE subcontractor that said subcontractor has agreed to perform the subcontracting work 1. The Contractor shall submit periodic reports of identified in the bid submitted by the Bidder. contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at b. If Bidder fails to meet the goals set forth above, such time as prescribed by the City of Omaha (Exhibit Good Faith Efforts Documentation must be "C" is currently required to be submitted within ten submitted with bid. (10) calendar days following the end of each calendar quarter, from the start of the project). c. Also, prior to award of this contract, all Bidders must submit Exhibit `B" Contractor Employment 2. The Contractor and subcontractors shall permit Data Form with the bid. access to their books, records and accounts by the Human Relations Director or a designated d. The Bidder and any of its subcontractors that have representative for purpose of investigation to been designated by the Bidder as PBE and/or DBE ascertain compliance with these specified numbers of in the contract work. In any case,Exhibits"A"and"B" PBE/DBE's that were contracted; must be submitted with the bid. If the information so (2) A description of the information provided to submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed;and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any eet such goals. If any 7,616 $162,107 $186,102 48.9% 1171 $123,752 $157,199 $180,467 46.2% 1241 $127,672 $162,178 $186,184 49.0% 1172 $123,808 $157,270 $180,549 46.3% 1242 $127,728 $162,250 $186,265 49.0% 1173 $123,864 $157,341 $180,631 46.3% 1243 $127,784 $162,321 $186,347 49.1% 1174 $123,920 $157,412 $180,712 46.3% 1244 $127,840 $162,392 $186,429 49.1% 1175 $123,976 $157,484 $180,794 46.4% 1245 $127,896 $162,463 $186,510 49.1% 1176 $124,032 $157,555 $180,876 46.4% 1246 $127,952 $162,534 $186,592 49.2% 1177 $124,088 $157,626 $180,957 46.4% 1247 $128,008 $162,605 $186,674 49.2% 1178 $124,144 $157,697 $181,039 46.5% 1248 $128,064 $162,676 $186,755 49.3% 1179 $124,200 $157,768 $181,121 46.5% 1249 $128,120 $162,748 $186,837 49.3% 1180 $124,256 $157,839 $181,202 46.6% 1250 $128,176 $162,819 $186,919 49.3% 1181 $124,312 $157,910 $181,284 46.6% 1251 $128,232 $162,890 $187,000 49.4% 1182 $124,368 $157,981 $181,366 46.6% 1252 $128,288 $162,961 $187,082 49.4% 1183 $124,424 $158,053 $181,447 46.7% 1253 $128,344 $163,032 $187,164 49.4% 1184 $124,480 $158,124 $181,529 46.7% 1254 $128,400 $163,103 $187,245 49.5% 1185 $124,536 $158,195 $181,611 46.8% 1255 $128,456 $163,174 $187,327 49.5% 1186 $124,592 $158,266 $181,692 46.8% 1256 $128,512 $163,246 $187,409 49.6% A. Non-discrimination. Provider shall not, in the performance of this agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race,color, sex, age, political or religious opinions, affiliations or national origin. B. Captions. Captions used in this agreement are for convenience and are not used in the construction of this agreement. C. Applicable law. Parties to this agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this agreement. D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the agreement voidable by the Mayor or Council. E. Interest of the Provider. The Provider covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this agreement; he further covenants that in the performance of this agreement, no person having any such interest shall be employed. F. Merger. This agreement shall not be merged into any other oral or written agreement, lease or deed of any type. This is the complete and full agreement of the parties. G. Modification. This agreement contains the entire agreement of the parties. No representations were made or relied upon by either party other than those that are expressly set forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. H. Assignment. The Provider may not assign its rights under this agreement without the express prior written consent of the City. I. Strict compliance. All provisions of this agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from authorized representative. J. Equal employment opportunity clause. Annexed hereto as Exhibit "A" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "A" 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. Professional Service Agreement Page 3 of 4 / 4 The Ville.f e. 64de if i-� F; project located at 6 0Q3 �au�P�f I has been evaluated in accordance with the above Subsidy Layering Standards for the HOME Program guidelines, as approved by the Planning Director and the Housing and Community Development M ager. fi D (o Daisy Cai Burton, Contract Administration D to and Compliance Manager Revised 3/15/04 E subcontractor to the Bidder or other verification in writing from the B. PBE/DBE Reporting and Record Keeping Requirements. PBE/DBE subcontractor that said subcontractor has agreed to perform the subcontracting work 1. The Contractor shall submit periodic reports of identified in the bid submitted by the Bidder. contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at b. If Bidder fails to meet the goals set forth above, such time as prescribed by the City of Omaha (Exhibit Good Faith Efforts Documentation must be "C" is currently required to be submitted within ten submitted with bid. (10) calendar days following the end of each calendar quarter, from the start of the project). c. Also, prior to award of this contract, all Bidders must submit Exhibit `B" Contractor Employment 2. The Contractor and subcontractors shall permit Data Form with the bid. access to their books, records and accounts by the Human Relations Director or a designated d. The Bidder and any of its subcontractors that have representative for purpose of investigation to been designated by the Bidder as PBE and/or DBE ascertain compliance with these specified numbers of in the contract work. In any case,Exhibits"A"and"B" PBE/DBE's that were contracted; must be submitted with the bid. If the information so (2) A description of the information provided to submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed;and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any eet such goals. If any 7,616 $162,107 $186,102 48.9% 1171 $123,752 $157,199 $180,467 46.2% 1241 $127,672 $162,178 $186,184 49.0% 1172 $123,808 $157,270 $180,549 46.3% 1242 $127,728 $162,250 $186,265 49.0% 1173 $123,864 $157,341 $180,631 46.3% 1243 $127,784 $162,321 $186,347 49.1% 1174 $123,920 $157,412 $180,712 46.3% 1244 $127,840 $162,392 $186,429 49.1% 1175 $123,976 $157,484 $180,794 46.4% 1245 $127,896 $162,463 $186,510 49.1% 1176 $124,032 $157,555 $180,876 46.4% 1246 $127,952 $162,534 $186,592 49.2% 1177 $124,088 $157,626 $180,957 46.4% 1247 $128,008 $162,605 $186,674 49.2% 1178 $124,144 $157,697 $181,039 46.5% 1248 $128,064 $162,676 $186,755 49.3% 1179 $124,200 $157,768 $181,121 46.5% 1249 $128,120 $162,748 $186,837 49.3% 1180 $124,256 $157,839 $181,202 46.6% 1250 $128,176 $162,819 $186,919 49.3% 1181 $124,312 $157,910 $181,284 46.6% 1251 $128,232 $162,890 $187,000 49.4% 1182 $124,368 $157,981 $181,366 46.6% 1252 $128,288 $162,961 $187,082 49.4% 1183 $124,424 $158,053 $181,447 46.7% 1253 $128,344 $163,032 $187,164 49.4% 1184 $124,480 $158,124 $181,529 46.7% 1254 $128,400 $163,103 $187,245 49.5% 1185 $124,536 $158,195 $181,611 46.8% 1255 $128,456 $163,174 $187,327 49.5% 1186 $124,592 $158,266 $181,692 46.8% 1256 $128,512 $163,246 $187,409 49.6% EXECUTED this 6th day of June,2006. HDR Engineering, Inc., Provider Firm -S L 4'/'� Witnegs Authoriz Signature Stephanie L.White Timothy R.Crockett, SVP Print or Type Name Print or Type Name Title GG'' i! • - /' - CITY OF OMAHA,A Municipal Corporation _��Y _ 9i1/—db Byei.,. 7 --4. ]D E t'U T ypity Clerk.of the ._ity.of maha • Mike Fahey, O'er r ,. APPRO ED AS TO F' ' ►,: ACSISTANT CITY ATTOY Professional Service Agreement Page 4 of 4 - Date: 4 � 7 0 - 6 p g 4-27-06 NAME POSITION EDUCATION MANAGEMENT OR TECHNICAL TRAINING 6/22/90 6 ness Enterprise Work Assignment Dollars Committed Quarter (NTP)to Date e Middle East or North Africa. Finance Plan for the Suburban Parks Master Plan Parks and Recreations Department, City of Omaha IIDR Scope of Services This Scope of Services is for HDR Engineering, Inc. (HDR)to provide professional services to the City of Omaha Parks and Recreation Department(Department)for the development of a finance plan to assist in the implementation of the Department's Suburban Parks Master Plan. The scope of work is segmented into five(5)task series: Task Series 100- Project Management Task Series 200- Data Collection Task Series 300- Sources and Uses of Funds Analyses Task Series 400- Consensus Building Task Series 500- Recommendations and Implementation Plan The HDR Team proposes to provide the following professional services over an anticipated 4-month project period beginning with the Notice to Proceed. TASK SERIES 100—PROJECT MANAGEMENT Task Objective: Management of Project Tasks. HDR Activities: Task 110 Project Management. Includes preparation of project guide,project schedule and administration and coordination activities on the project.Prepare monthly invoices and progress reports. Internal HDR Project Team meetings will be conducted to discuss tasks,provide project updates and review deliverables. QA/QC will be conducted by appropriate professionals on all deliverables. Task 120 Kick-Off Meeting. An initial meeting will be conducted on-site at the City Hall at the beginning of the project to discuss the administration and technical elements of the Project. 120.1 Meeting Preparation.Prepare meeting agenda and meeting materials. 120.2 Kick-Off Meeting.Conduct Kick-off meeting with the Department Project Team.Define the project purpose and need;identify data needs to be analyzed in Task 200: Data Collection. 120.3 Meeting Minutes.Prepare meeting minutes. Task 130 Progress Meetings. Schedule and conduct no more than three(3) monthly progress meetings with the Department Project Team. City of Omaha—Parks&Recreation Department Page 1 of 4 Finance Plan for the Suburban Parks Master Plan ONE COMPANY 5/8/2006 1 I_.L Malty Solutions hall be strictly complied with as written, and no substitution or change shall be made except upon written direction from authorized representative. J. Equal employment opportunity clause. Annexed hereto as Exhibit "A" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "A" 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. Professional Service Agreement Page 3 of 4 / 4 The Ville.f e. 64de if i-� F; project located at 6 0Q3 �au�P�f I has been evaluated in accordance with the above Subsidy Layering Standards for the HOME Program guidelines, as approved by the Planning Director and the Housing and Community Development M ager. fi D (o Daisy Cai Burton, Contract Administration D to and Compliance Manager Revised 3/15/04 E subcontractor to the Bidder or other verification in writing from the B. PBE/DBE Reporting and Record Keeping Requirements. PBE/DBE subcontractor that said subcontractor has agreed to perform the subcontracting work 1. The Contractor shall submit periodic reports of identified in the bid submitted by the Bidder. contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at b. If Bidder fails to meet the goals set forth above, such time as prescribed by the City of Omaha (Exhibit Good Faith Efforts Documentation must be "C" is currently required to be submitted within ten submitted with bid. (10) calendar days following the end of each calendar quarter, from the start of the project). c. Also, prior to award of this contract, all Bidders must submit Exhibit `B" Contractor Employment 2. The Contractor and subcontractors shall permit Data Form with the bid. access to their books, records and accounts by the Human Relations Director or a designated d. The Bidder and any of its subcontractors that have representative for purpose of investigation to been designated by the Bidder as PBE and/or DBE ascertain compliance with these specified numbers of in the contract work. In any case,Exhibits"A"and"B" PBE/DBE's that were contracted; must be submitted with the bid. If the information so (2) A description of the information provided to submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed;and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any eet such goals. If any 7,616 $162,107 $186,102 48.9% 1171 $123,752 $157,199 $180,467 46.2% 1241 $127,672 $162,178 $186,184 49.0% 1172 $123,808 $157,270 $180,549 46.3% 1242 $127,728 $162,250 $186,265 49.0% 1173 $123,864 $157,341 $180,631 46.3% 1243 $127,784 $162,321 $186,347 49.1% 1174 $123,920 $157,412 $180,712 46.3% 1244 $127,840 $162,392 $186,429 49.1% 1175 $123,976 $157,484 $180,794 46.4% 1245 $127,896 $162,463 $186,510 49.1% 1176 $124,032 $157,555 $180,876 46.4% 1246 $127,952 $162,534 $186,592 49.2% 1177 $124,088 $157,626 $180,957 46.4% 1247 $128,008 $162,605 $186,674 49.2% 1178 $124,144 $157,697 $181,039 46.5% 1248 $128,064 $162,676 $186,755 49.3% 1179 $124,200 $157,768 $181,121 46.5% 1249 $128,120 $162,748 $186,837 49.3% 1180 $124,256 $157,839 $181,202 46.6% 1250 $128,176 $162,819 $186,919 49.3% 1181 $124,312 $157,910 $181,284 46.6% 1251 $128,232 $162,890 $187,000 49.4% 1182 $124,368 $157,981 $181,366 46.6% 1252 $128,288 $162,961 $187,082 49.4% 1183 $124,424 $158,053 $181,447 46.7% 1253 $128,344 $163,032 $187,164 49.4% 1184 $124,480 $158,124 $181,529 46.7% 1254 $128,400 $163,103 $187,245 49.5% 1185 $124,536 $158,195 $181,611 46.8% 1255 $128,456 $163,174 $187,327 49.5% 1186 $124,592 $158,266 $181,692 46.8% 1256 $128,512 $163,246 $187,409 49.6% City of Omaha-Parks &Recreation Department Finance Plan Task Deliverables: • Project Guide • Meeting agendas and minutes • Monthly invoices and progress reports Key Understandings: • Project duration is four(4)months • Three(3)HDR employees will attend the Kick-Off Meeting TASK SERIES 200—DATA COLLECTION Task Objectives: Collect pertinent background information on existing S&ID park-related procedures,programs,funding needs,and industry best practices. Task 210 Process Analysis. Determine roles,responsibilities for existing policies and procedures related to financing S&ID park-related activities. Task 220 Existing Needs Assessment. Collect existing data to determine existing financing needs. Task Deliverables: • Technical Memo 1:Data Collection Summary to be reviewed at the corresponding Monthly Progress Meeting. Key Understandings: • The Department will make available all background and historical financial information pertinent to the study. TASK SERIES 300—SOURCES AND USES OF FUNDS ANALYSIS Task Objective: Determine current and projected funding needs and opportunities of the Department with regard to S&ID park-related activity. Task 310 Sources of Funds Analysis Identify sources of funds for S&ID park- related activities;determine constraints and opportunities. Task 320 Uses of Funds Analysis Reconcile the sources identified in Task 310 with appropriate S&ID park uses over a ten year period. Task 330 Pro Forma Scenarios Provide three(3)opportunity scenarios for S&ID parks given the constraints identified in Tasks 300 and 400. Task Deliverables: • Technical Memo 2: Sources and Uses of Funds Analysis to be reviewed at the corresponding Monthly Progress Meeting. Key Understandings: • Up to three(3)pro formas will be completed. TASK SERIES 400—CONSENSUS BUILDING Task Objective: Work with key stakeholders to determine mutually beneficial and most efficient and maintainable funding program for S&ID parks. City of Omaha-Parks&Recreation Department Page 2 of 4 Finance Plan for the Suburban Parks Master Plan T '� ONE COMPANY 5/8/2006 1 Lam` Many Solutions" direction from authorized representative. J. Equal employment opportunity clause. Annexed hereto as Exhibit "A" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "A" 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. Professional Service Agreement Page 3 of 4 / 4 The Ville.f e. 64de if i-� F; project located at 6 0Q3 �au�P�f I has been evaluated in accordance with the above Subsidy Layering Standards for the HOME Program guidelines, as approved by the Planning Director and the Housing and Community Development M ager. fi D (o Daisy Cai Burton, Contract Administration D to and Compliance Manager Revised 3/15/04 E subcontractor to the Bidder or other verification in writing from the B. PBE/DBE Reporting and Record Keeping Requirements. PBE/DBE subcontractor that said subcontractor has agreed to perform the subcontracting work 1. The Contractor shall submit periodic reports of identified in the bid submitted by the Bidder. contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at b. If Bidder fails to meet the goals set forth above, such time as prescribed by the City of Omaha (Exhibit Good Faith Efforts Documentation must be "C" is currently required to be submitted within ten submitted with bid. (10) calendar days following the end of each calendar quarter, from the start of the project). c. Also, prior to award of this contract, all Bidders must submit Exhibit `B" Contractor Employment 2. The Contractor and subcontractors shall permit Data Form with the bid. access to their books, records and accounts by the Human Relations Director or a designated d. The Bidder and any of its subcontractors that have representative for purpose of investigation to been designated by the Bidder as PBE and/or DBE ascertain compliance with these specified numbers of in the contract work. In any case,Exhibits"A"and"B" PBE/DBE's that were contracted; must be submitted with the bid. If the information so (2) A description of the information provided to submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed;and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any eet such goals. If any 7,616 $162,107 $186,102 48.9% 1171 $123,752 $157,199 $180,467 46.2% 1241 $127,672 $162,178 $186,184 49.0% 1172 $123,808 $157,270 $180,549 46.3% 1242 $127,728 $162,250 $186,265 49.0% 1173 $123,864 $157,341 $180,631 46.3% 1243 $127,784 $162,321 $186,347 49.1% 1174 $123,920 $157,412 $180,712 46.3% 1244 $127,840 $162,392 $186,429 49.1% 1175 $123,976 $157,484 $180,794 46.4% 1245 $127,896 $162,463 $186,510 49.1% 1176 $124,032 $157,555 $180,876 46.4% 1246 $127,952 $162,534 $186,592 49.2% 1177 $124,088 $157,626 $180,957 46.4% 1247 $128,008 $162,605 $186,674 49.2% 1178 $124,144 $157,697 $181,039 46.5% 1248 $128,064 $162,676 $186,755 49.3% 1179 $124,200 $157,768 $181,121 46.5% 1249 $128,120 $162,748 $186,837 49.3% 1180 $124,256 $157,839 $181,202 46.6% 1250 $128,176 $162,819 $186,919 49.3% 1181 $124,312 $157,910 $181,284 46.6% 1251 $128,232 $162,890 $187,000 49.4% 1182 $124,368 $157,981 $181,366 46.6% 1252 $128,288 $162,961 $187,082 49.4% 1183 $124,424 $158,053 $181,447 46.7% 1253 $128,344 $163,032 $187,164 49.4% 1184 $124,480 $158,124 $181,529 46.7% 1254 $128,400 $163,103 $187,245 49.5% 1185 $124,536 $158,195 $181,611 46.8% 1255 $128,456 $163,174 $187,327 49.5% 1186 $124,592 $158,266 $181,692 46.8% 1256 $128,512 $163,246 $187,409 49.6% City of Omaha-Parks &Recreation Department Finance Plan Task 410 City of Omaha Task Group Facilitate a meeting of key decision- makers within the City of Omaha to determine viability of funding scenarios,key implementation steps,and other pertinent stakeholders to involve in the Stakeholder Focus Group. Task 420 Stakeholder Focus Group Identify key stakeholders. Determine feasibility of funding scenarios; drive consensus of preferred alternative; identify key implementation steps. Task Deliverables: • PowerPoint presentation of findings from Tasks 300 and 400. • Meeting Minutes from the Task and Focus Groups. Key Understandings: • The PowerPoint Presentation will be reviewed at a Monthly Progress Meeting prior to the focus and task groups. • The Department will identify individuals to be involved in the Task and Focus Group, invite participants,and host the meetings. TASK SERIES 500—RECOMMENDATIONS AND IMPLEMENTATION PLAN Task Objective: Provide the Department with funding recommendations and an implementation plan. Task 510 Draft Report An electronic copy of the draft report will be sent to the Department Project Team for review. Task 520 Final Report The final report will be submitted to the Department in both hard and electronic copy. Task Deliverables: • One(1)CD with an electronic PDF version of the report; 5 bound,color copies of the report. Key Understandings: • The Department will provide comments on the DRAFT report within fourteen(14)days of receipt. City of Omaha-Parks&Recreation Department Page 3 of 4 Finance Plan for the Suburban Parks Master Plan ONE COMPANY 5/8/2006 �� Many Solutions'" Monthly Progress Meeting. Key Understandings: • Up to three(3)pro formas will be completed. TASK SERIES 400—CONSENSUS BUILDING Task Objective: Work with key stakeholders to determine mutually beneficial and most efficient and maintainable funding program for S&ID parks. City of Omaha-Parks&Recreation Department Page 2 of 4 Finance Plan for the Suburban Parks Master Plan T '� ONE COMPANY 5/8/2006 1 Lam` Many Solutions" direction from authorized representative. J. Equal employment opportunity clause. Annexed hereto as Exhibit "A" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "A" 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. Professional Service Agreement Page 3 of 4 / 4 The Ville.f e. 64de if i-� F; project located at 6 0Q3 �au�P�f I has been evaluated in accordance with the above Subsidy Layering Standards for the HOME Program guidelines, as approved by the Planning Director and the Housing and Community Development M ager. fi D (o Daisy Cai Burton, Contract Administration D to and Compliance Manager Revised 3/15/04 E subcontractor to the Bidder or other verification in writing from the B. PBE/DBE Reporting and Record Keeping Requirements. PBE/DBE subcontractor that said subcontractor has agreed to perform the subcontracting work 1. The Contractor shall submit periodic reports of identified in the bid submitted by the Bidder. contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at b. If Bidder fails to meet the goals set forth above, such time as prescribed by the City of Omaha (Exhibit Good Faith Efforts Documentation must be "C" is currently required to be submitted within ten submitted with bid. (10) calendar days following the end of each calendar quarter, from the start of the project). c. Also, prior to award of this contract, all Bidders must submit Exhibit `B" Contractor Employment 2. The Contractor and subcontractors shall permit Data Form with the bid. access to their books, records and accounts by the Human Relations Director or a designated d. The Bidder and any of its subcontractors that have representative for purpose of investigation to been designated by the Bidder as PBE and/or DBE ascertain compliance with these specified numbers of in the contract work. In any case,Exhibits"A"and"B" PBE/DBE's that were contracted; must be submitted with the bid. If the information so (2) A description of the information provided to submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed;and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any eet such goals. If any 7,616 $162,107 $186,102 48.9% 1171 $123,752 $157,199 $180,467 46.2% 1241 $127,672 $162,178 $186,184 49.0% 1172 $123,808 $157,270 $180,549 46.3% 1242 $127,728 $162,250 $186,265 49.0% 1173 $123,864 $157,341 $180,631 46.3% 1243 $127,784 $162,321 $186,347 49.1% 1174 $123,920 $157,412 $180,712 46.3% 1244 $127,840 $162,392 $186,429 49.1% 1175 $123,976 $157,484 $180,794 46.4% 1245 $127,896 $162,463 $186,510 49.1% 1176 $124,032 $157,555 $180,876 46.4% 1246 $127,952 $162,534 $186,592 49.2% 1177 $124,088 $157,626 $180,957 46.4% 1247 $128,008 $162,605 $186,674 49.2% 1178 $124,144 $157,697 $181,039 46.5% 1248 $128,064 $162,676 $186,755 49.3% 1179 $124,200 $157,768 $181,121 46.5% 1249 $128,120 $162,748 $186,837 49.3% 1180 $124,256 $157,839 $181,202 46.6% 1250 $128,176 $162,819 $186,919 49.3% 1181 $124,312 $157,910 $181,284 46.6% 1251 $128,232 $162,890 $187,000 49.4% 1182 $124,368 $157,981 $181,366 46.6% 1252 $128,288 $162,961 $187,082 49.4% 1183 $124,424 $158,053 $181,447 46.7% 1253 $128,344 $163,032 $187,164 49.4% 1184 $124,480 $158,124 $181,529 46.7% 1254 $128,400 $163,103 $187,245 49.5% 1185 $124,536 $158,195 $181,611 46.8% 1255 $128,456 $163,174 $187,327 49.5% 1186 $124,592 $158,266 $181,692 46.8% 1256 $128,512 $163,246 $187,409 49.6% City of Omaha-Parks &Recreation Department Finance Plan Project Cost Total Total Hours Cost Task 100 -Project Management 110-Conduct Project Management 22 $2,171 120-Conduct Kick-Off Meeting 12 $1,293 130-Conduct Progress Meetings 29 $3,011 Task 200 - Data Collection 210- Process Analysis 60 $6,015 220- Existing Needs Assessment 28 $2,825 Task 300 -Sources and Uses of Funds Analysis 310-Sources of Funds Analysis 21 $2,113 320- Uses of Funds Analysis 21 $2,113 330- Pro Forma Scenarios 13 $1,352 Task 400 -Consensus Building 410-City of Omaha Task Group 18 $1,904 420 -Stakeholder Focus Group 16 $1,764 Task 500 - Recommendations and Implementation Plan 510 - Draft Report 38 $3,887 520 - Final Report 16 $1,584 Labor Sub-Total 294 $30,032 Expenses Technology Fee $1,205 Report and Photo Copies $100 Parking and Mileage $90 Expense Sub-Total $1,395 TOTAL $31,427 City of Omaha-Parks&Recreation Department Page 4 of 4 Finance Plan for the Suburban Parks Master Plan 7 OE COSMPAN 5/8/2006 T1 1110 ONE olutions'"Y rables: • One(1)CD with an electronic PDF version of the report; 5 bound,color copies of the report. Key Understandings: • The Department will provide comments on the DRAFT report within fourteen(14)days of receipt. City of Omaha-Parks&Recreation Department Page 3 of 4 Finance Plan for the Suburban Parks Master Plan ONE COMPANY 5/8/2006 �� Many Solutions'" Monthly Progress Meeting. Key Understandings: • Up to three(3)pro formas will be completed. TASK SERIES 400—CONSENSUS BUILDING Task Objective: Work with key stakeholders to determine mutually beneficial and most efficient and maintainable funding program for S&ID parks. City of Omaha-Parks&Recreation Department Page 2 of 4 Finance Plan for the Suburban Parks Master Plan T '� ONE COMPANY 5/8/2006 1 Lam` Many Solutions" direction from authorized representative. J. Equal employment opportunity clause. Annexed hereto as Exhibit "A" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "A" 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. Professional Service Agreement Page 3 of 4 / 4 The Ville.f e. 64de if i-� F; project located at 6 0Q3 �au�P�f I has been evaluated in accordance with the above Subsidy Layering Standards for the HOME Program guidelines, as approved by the Planning Director and the Housing and Community Development M ager. fi D (o Daisy Cai Burton, Contract Administration D to and Compliance Manager Revised 3/15/04 E subcontractor to the Bidder or other verification in writing from the B. PBE/DBE Reporting and Record Keeping Requirements. PBE/DBE subcontractor that said subcontractor has agreed to perform the subcontracting work 1. The Contractor shall submit periodic reports of identified in the bid submitted by the Bidder. contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at b. If Bidder fails to meet the goals set forth above, such time as prescribed by the City of Omaha (Exhibit Good Faith Efforts Documentation must be "C" is currently required to be submitted within ten submitted with bid. (10) calendar days following the end of each calendar quarter, from the start of the project). c. Also, prior to award of this contract, all Bidders must submit Exhibit `B" Contractor Employment 2. The Contractor and subcontractors shall permit Data Form with the bid. access to their books, records and accounts by the Human Relations Director or a designated d. The Bidder and any of its subcontractors that have representative for purpose of investigation to been designated by the Bidder as PBE and/or DBE ascertain compliance with these specified numbers of in the contract work. In any case,Exhibits"A"and"B" PBE/DBE's that were contracted; must be submitted with the bid. If the information so (2) A description of the information provided to submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed;and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any eet such goals. If any 7,616 $162,107 $186,102 48.9% 1171 $123,752 $157,199 $180,467 46.2% 1241 $127,672 $162,178 $186,184 49.0% 1172 $123,808 $157,270 $180,549 46.3% 1242 $127,728 $162,250 $186,265 49.0% 1173 $123,864 $157,341 $180,631 46.3% 1243 $127,784 $162,321 $186,347 49.1% 1174 $123,920 $157,412 $180,712 46.3% 1244 $127,840 $162,392 $186,429 49.1% 1175 $123,976 $157,484 $180,794 46.4% 1245 $127,896 $162,463 $186,510 49.1% 1176 $124,032 $157,555 $180,876 46.4% 1246 $127,952 $162,534 $186,592 49.2% 1177 $124,088 $157,626 $180,957 46.4% 1247 $128,008 $162,605 $186,674 49.2% 1178 $124,144 $157,697 $181,039 46.5% 1248 $128,064 $162,676 $186,755 49.3% 1179 $124,200 $157,768 $181,121 46.5% 1249 $128,120 $162,748 $186,837 49.3% 1180 $124,256 $157,839 $181,202 46.6% 1250 $128,176 $162,819 $186,919 49.3% 1181 $124,312 $157,910 $181,284 46.6% 1251 $128,232 $162,890 $187,000 49.4% 1182 $124,368 $157,981 $181,366 46.6% 1252 $128,288 $162,961 $187,082 49.4% 1183 $124,424 $158,053 $181,447 46.7% 1253 $128,344 $163,032 $187,164 49.4% 1184 $124,480 $158,124 $181,529 46.7% 1254 $128,400 $163,103 $187,245 49.5% 1185 $124,536 $158,195 $181,611 46.8% 1255 $128,456 $163,174 $187,327 49.5% 1186 $124,592 $158,266 $181,692 46.8% 1256 $128,512 $163,246 $187,409 49.6% EXHIBIT "A" EQUAL EMPLOYMENT OPPORTUNITY CLAUSE During the performance of this contract, the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race,religion,color,sex,national origin,or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race,religion,color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether advertising or by other means; compensated; selected for training,including apprenticeship;promoted;upgraded;demoted; downgraded;transferred;laid off;and terminated. The Contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. (2) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (3) The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the Contractor's commitments under the Equal Employment Opportunity Clause of the City and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor shall furnish to the contract compliance officer all Federal forms containing the information and reports required by the Federal government for Federal contracts under Federal rules and regulations,and including the information required by Sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer shall be those which are related to Paragraphs(1)through (7)of this subsection and only after reasonable notice is given the Contractor. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. holding 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. Professional Service Agreement Page 3 of 4 / 4 The Ville.f e. 64de if i-� F; project located at 6 0Q3 �au�P�f I has been evaluated in accordance with the above Subsidy Layering Standards for the HOME Program guidelines, as approved by the Planning Director and the Housing and Community Development M ager. fi D (o Daisy Cai Burton, Contract Administration D to and Compliance Manager Revised 3/15/04 E subcontractor to the Bidder or other verification in writing from the B. PBE/DBE Reporting and Record Keeping Requirements. PBE/DBE subcontractor that said subcontractor has agreed to perform the subcontracting work 1. The Contractor shall submit periodic reports of identified in the bid submitted by the Bidder. contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at b. If Bidder fails to meet the goals set forth above, such time as prescribed by the City of Omaha (Exhibit Good Faith Efforts Documentation must be "C" is currently required to be submitted within ten submitted with bid. (10) calendar days following the end of each calendar quarter, from the start of the project). c. Also, prior to award of this contract, all Bidders must submit Exhibit `B" Contractor Employment 2. The Contractor and subcontractors shall permit Data Form with the bid. access to their books, records and accounts by the Human Relations Director or a designated d. The Bidder and any of its subcontractors that have representative for purpose of investigation to been designated by the Bidder as PBE and/or DBE ascertain compliance with these specified numbers of in the contract work. In any case,Exhibits"A"and"B" PBE/DBE's that were contracted; must be submitted with the bid. If the information so (2) A description of the information provided to submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed;and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any eet such goals. If any 7,616 $162,107 $186,102 48.9% 1171 $123,752 $157,199 $180,467 46.2% 1241 $127,672 $162,178 $186,184 49.0% 1172 $123,808 $157,270 $180,549 46.3% 1242 $127,728 $162,250 $186,265 49.0% 1173 $123,864 $157,341 $180,631 46.3% 1243 $127,784 $162,321 $186,347 49.1% 1174 $123,920 $157,412 $180,712 46.3% 1244 $127,840 $162,392 $186,429 49.1% 1175 $123,976 $157,484 $180,794 46.4% 1245 $127,896 $162,463 $186,510 49.1% 1176 $124,032 $157,555 $180,876 46.4% 1246 $127,952 $162,534 $186,592 49.2% 1177 $124,088 $157,626 $180,957 46.4% 1247 $128,008 $162,605 $186,674 49.2% 1178 $124,144 $157,697 $181,039 46.5% 1248 $128,064 $162,676 $186,755 49.3% 1179 $124,200 $157,768 $181,121 46.5% 1249 $128,120 $162,748 $186,837 49.3% 1180 $124,256 $157,839 $181,202 46.6% 1250 $128,176 $162,819 $186,919 49.3% 1181 $124,312 $157,910 $181,284 46.6% 1251 $128,232 $162,890 $187,000 49.4% 1182 $124,368 $157,981 $181,366 46.6% 1252 $128,288 $162,961 $187,082 49.4% 1183 $124,424 $158,053 $181,447 46.7% 1253 $128,344 $163,032 $187,164 49.4% 1184 $124,480 $158,124 $181,529 46.7% 1254 $128,400 $163,103 $187,245 49.5% 1185 $124,536 $158,195 $181,611 46.8% 1255 $128,456 $163,174 $187,327 49.5% 1186 $124,592 $158,266 $181,692 46.8% 1256 $128,512 $163,246 $187,409 49.6% . t 5 The Contractor shall take such actions with respect to anysubcontractor as the Citymay P direct as a means of enforcing the provisions of Paragraphs(1)through(7)herein,including penalties and sanctions for noncompliance; however, in the event the Contractor becomes involved in or is threatened with litigation as the result of such directions by the City, the City will enter into such litigation as necessary to protect the interests of the City and to effectuate the provisions of this division; and in the case of contracts receiving Federal assistance, the Contractor or the City may request the United States to enter into such litigation to protect the interests of the United States. (6) The Contractor shall file and shall cause his subcontractors,if any,to file compliance reports with the Contractor in the same form and to the same extent as required by the Federal government for Federal contracts under Federal rules and regulations. Such compliance reports shall be filed with the Contract Compliance Officer. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the Contractor and his subcontractors. (7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section, "Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. -2- to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (3) The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the Contractor's commitments under the Equal Employment Opportunity Clause of the City and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor shall furnish to the contract compliance officer all Federal forms containing the information and reports required by the Federal government for Federal contracts under Federal rules and regulations,and including the information required by Sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer shall be those which are related to Paragraphs(1)through (7)of this subsection and only after reasonable notice is given the Contractor. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. holding 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. Professional Service Agreement Page 3 of 4 / 4 The Ville.f e. 64de if i-� F; project located at 6 0Q3 �au�P�f I has been evaluated in accordance with the above Subsidy Layering Standards for the HOME Program guidelines, as approved by the Planning Director and the Housing and Community Development M ager. fi D (o Daisy Cai Burton, Contract Administration D to and Compliance Manager Revised 3/15/04 E subcontractor to the Bidder or other verification in writing from the B. PBE/DBE Reporting and Record Keeping Requirements. PBE/DBE subcontractor that said subcontractor has agreed to perform the subcontracting work 1. The Contractor shall submit periodic reports of identified in the bid submitted by the Bidder. contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at b. If Bidder fails to meet the goals set forth above, such time as prescribed by the City of Omaha (Exhibit Good Faith Efforts Documentation must be "C" is currently required to be submitted within ten submitted with bid. (10) calendar days following the end of each calendar quarter, from the start of the project). c. Also, prior to award of this contract, all Bidders must submit Exhibit `B" Contractor Employment 2. The Contractor and subcontractors shall permit Data Form with the bid. access to their books, records and accounts by the Human Relations Director or a designated d. The Bidder and any of its subcontractors that have representative for purpose of investigation to been designated by the Bidder as PBE and/or DBE ascertain compliance with these specified numbers of in the contract work. In any case,Exhibits"A"and"B" PBE/DBE's that were contracted; must be submitted with the bid. If the information so (2) A description of the information provided to submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed;and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any eet such goals. If any 7,616 $162,107 $186,102 48.9% 1171 $123,752 $157,199 $180,467 46.2% 1241 $127,672 $162,178 $186,184 49.0% 1172 $123,808 $157,270 $180,549 46.3% 1242 $127,728 $162,250 $186,265 49.0% 1173 $123,864 $157,341 $180,631 46.3% 1243 $127,784 $162,321 $186,347 49.1% 1174 $123,920 $157,412 $180,712 46.3% 1244 $127,840 $162,392 $186,429 49.1% 1175 $123,976 $157,484 $180,794 46.4% 1245 $127,896 $162,463 $186,510 49.1% 1176 $124,032 $157,555 $180,876 46.4% 1246 $127,952 $162,534 $186,592 49.2% 1177 $124,088 $157,626 $180,957 46.4% 1247 $128,008 $162,605 $186,674 49.2% 1178 $124,144 $157,697 $181,039 46.5% 1248 $128,064 $162,676 $186,755 49.3% 1179 $124,200 $157,768 $181,121 46.5% 1249 $128,120 $162,748 $186,837 49.3% 1180 $124,256 $157,839 $181,202 46.6% 1250 $128,176 $162,819 $186,919 49.3% 1181 $124,312 $157,910 $181,284 46.6% 1251 $128,232 $162,890 $187,000 49.4% 1182 $124,368 $157,981 $181,366 46.6% 1252 $128,288 $162,961 $187,082 49.4% 1183 $124,424 $158,053 $181,447 46.7% 1253 $128,344 $163,032 $187,164 49.4% 1184 $124,480 $158,124 $181,529 46.7% 1254 $128,400 $163,103 $187,245 49.5% 1185 $124,536 $158,195 $181,611 46.8% 1255 $128,456 $163,174 $187,327 49.5% 1186 $124,592 $158,266 $181,692 46.8% 1256 $128,512 $163,246 $187,409 49.6% • C-25A CITY OF OMAHA LEGISLATIVE CHAMBER 'Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City adopted a Suburban Park Master Plan in February of 2001; and, WHEREAS, the plan has proven to be an excellent tool for both the City of Omaha and the development community; and, WHEREAS, the current Suburban Park Master Plan has been in effect for five- years and an update at this time is directed as a premise of the plan; and, WHEREAS, Beringer Ciaccio Dennell Mabrey recently completed an update of the physical element of the Suburban Park Master Plan; and, WHEREAS, HDR Engineering, Inc. has submitted a proposal to provide professional services needed to complete the financial component of the Suburban Park Master Plan required to fund the park acquisition and development as proposed in the updated physical element of the Suburban Park Master Plan for the total lump sum fee of$31,427.00; and, WHEREAS, the Scope of Work for this study is included in the attached Agreement, which by this reference is made a part hereof; and, WHEREAS, funds collected from development projects are available in the Park Development Fund; and, WHEREAS, HDR Engineering, Inc. has filed a Contract Compliance Report, Form CC-1; and the Human Relations Director will review the firm to determine its compliance with the Contract Compliance Ordinance; and, WHEREAS, the Mayor has recommended approval of this agreement. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: By Councilmember Adopted City Clerk Approved Mayor seq. (3) The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the Contractor's commitments under the Equal Employment Opportunity Clause of the City and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor shall furnish to the contract compliance officer all Federal forms containing the information and reports required by the Federal government for Federal contracts under Federal rules and regulations,and including the information required by Sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer shall be those which are related to Paragraphs(1)through (7)of this subsection and only after reasonable notice is given the Contractor. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. holding 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. Professional Service Agreement Page 3 of 4 / 4 The Ville.f e. 64de if i-� F; project located at 6 0Q3 �au�P�f I has been evaluated in accordance with the above Subsidy Layering Standards for the HOME Program guidelines, as approved by the Planning Director and the Housing and Community Development M ager. fi D (o Daisy Cai Burton, Contract Administration D to and Compliance Manager Revised 3/15/04 E subcontractor to the Bidder or other verification in writing from the B. PBE/DBE Reporting and Record Keeping Requirements. PBE/DBE subcontractor that said subcontractor has agreed to perform the subcontracting work 1. The Contractor shall submit periodic reports of identified in the bid submitted by the Bidder. contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at b. If Bidder fails to meet the goals set forth above, such time as prescribed by the City of Omaha (Exhibit Good Faith Efforts Documentation must be "C" is currently required to be submitted within ten submitted with bid. (10) calendar days following the end of each calendar quarter, from the start of the project). c. Also, prior to award of this contract, all Bidders must submit Exhibit `B" Contractor Employment 2. The Contractor and subcontractors shall permit Data Form with the bid. access to their books, records and accounts by the Human Relations Director or a designated d. The Bidder and any of its subcontractors that have representative for purpose of investigation to been designated by the Bidder as PBE and/or DBE ascertain compliance with these specified numbers of in the contract work. In any case,Exhibits"A"and"B" PBE/DBE's that were contracted; must be submitted with the bid. If the information so (2) A description of the information provided to submitted indicates that the City of Omaha goals will PBE/DBE's regarding the plans and not be met, the Bidder shall submit good faith efforts specifications for portions of the work to be documentation with their bid. The evidence must show performed;and to the City of Omaha's satisfaction that the bidder has (3) A detailed statement of the reasons why in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any eet such goals. If any 7,616 $162,107 $186,102 48.9% 1171 $123,752 $157,199 $180,467 46.2% 1241 $127,672 $162,178 $186,184 49.0% 1172 $123,808 $157,270 $180,549 46.3% 1242 $127,728 $162,250 $186,265 49.0% 1173 $123,864 $157,341 $180,631 46.3% 1243 $127,784 $162,321 $186,347 49.1% 1174 $123,920 $157,412 $180,712 46.3% 1244 $127,840 $162,392 $186,429 49.1% 1175 $123,976 $157,484 $180,794 46.4% 1245 $127,896 $162,463 $186,510 49.1% 1176 $124,032 $157,555 $180,876 46.4% 1246 $127,952 $162,534 $186,592 49.2% 1177 $124,088 $157,626 $180,957 46.4% 1247 $128,008 $162,605 $186,674 49.2% 1178 $124,144 $157,697 $181,039 46.5% 1248 $128,064 $162,676 $186,755 49.3% 1179 $124,200 $157,768 $181,121 46.5% 1249 $128,120 $162,748 $186,837 49.3% 1180 $124,256 $157,839 $181,202 46.6% 1250 $128,176 $162,819 $186,919 49.3% 1181 $124,312 $157,910 $181,284 46.6% 1251 $128,232 $162,890 $187,000 49.4% 1182 $124,368 $157,981 $181,366 46.6% 1252 $128,288 $162,961 $187,082 49.4% 1183 $124,424 $158,053 $181,447 46.7% 1253 $128,344 $163,032 $187,164 49.4% 1184 $124,480 $158,124 $181,529 46.7% 1254 $128,400 $163,103 $187,245 49.5% 1185 $124,536 $158,195 $181,611 46.8% 1255 $128,456 $163,174 $187,327 49.5% 1186 $124,592 $158,266 $181,692 46.8% 1256 $128,512 $163,246 $187,409 49.6% C-25A CITY OF OMAHA LEGISLATIVE CHAMBER 'Omah ;Nebraska PAGE-2- THAT, the Mayor is authorized to sign and the City Clerk to attest, the Professional Services Agreement between the City of Omaha and HDR Engineering, Inc. for professional services needed to complete the financial component of the Suburban Park Master Plan, and the attached Agreement, which is incorporated herein by this reference, is hereby approved. Funds in the amount of$31,427.00 shall be paid from Fund No. 12135, Community Park Development and Organization No. 131621, Recreation and Culture Bond. APPROVEDAS TO FORM: ; 4, re,,(,— 9,7,0(0 0.... ITY ATTORNEY DATE P:\PRPP 1\7037 sap.doc 104°S By qzida- Councilmember Adopted ^SEP 1 2 2006 .(Q -0 • . a.City Clerk Approved ° t�"O�' .......1'/17..P. Mayor a co I = N O ¢ 0 < d 0 a O A� CD 0 0 ,., n ,,., _.,,, Z ho s+• CD m P* \ Q.a ri P> .T CD e� y`V n O Cr • N R O O \ n O -.r0 CIQ '! p N O Q. 6 *A. V--� � 0 v,' r" 'rev CD .1 •�-h • • • • s • / �^{ _ • L� , 4 APPROVEDAS TO FORM: ; 4, re,,(,— 9,7,0(0 0.... ITY ATTORNEY DATE P:\PRPP 1\7037 sap.doc 104°S By qzida- Councilmember Adopted ^SEP 1 2 2006 .(Q -0 • . a.City Clerk Approved ° t�"O�' .......1'/17..P. Mayor