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RES 2003-1485 - Agmt with The Schemmer Associates for renovation of Washington branch library ir- r� f ) Yamaha public library J Everything you want to know.And more. ew' 7 ' Rivkah K.Sass c tC * � y! _7 '11 I. f "} Director °Tea fEs}Ur C Verda Biaiac i A. r ' -i %=1 Assistant Director City of Omaha ry.. a r Mike Fahey,Mayor 215 South 15th Street Omaha,Nebraska 68102-1629 (402)444-4800 ' Fax: (402)444-4504 www.omaha.lib.ne.us Honorable President • and Members of the City Council, Transmitted herewith is a Resolution approving a Professional Services Agreement with The Schemmer Associates, which provides for design services for an addition to and remodeling of the Washington Branch Library located at 2868 Ames Avenue, Omaha, Nebraska. The scope of work on this project includes the renovation of the existing Washington Branch Library, which contains approximately 10,260 square feet, and adding an addition to the building of approximately 8,000 square feet. The existing site will be enlarged by the acquisition of adjacent properties to the north to accommodate the new addition and required additional - parking. The renovation and addition is to provide the expansion space needed to respond to the existing and growing service population and the City of Omaha's Master Plan goal of providing an equal level of library service to all citizens of Omaha as a neighborhood branch library facility. A committee selected The Schemmer Associates to be the best-qualified firm from the seventeen firms that responded to the Request for Proposals. Mike Leonard, City Architect (ASD) met with Bill Cramer of The Schemmer Associates to negotiate a final fee and to work out the details for the attached agreement. Per the Professional Services Agreement, The Schemmer Associates will be-paid a fee of $228,000.00 with reimbursables not to exceed $15,000.00, for a total contract amount of $243,000.00. The Library Facilities Corporation will be issuing Lease Revenue Bonds to pay for the design and construction. Funds not to exceed $243,000.00 shall be paid from Library Facilities Corporation Construction Fund 13511, Organization 117021, Project 0035. The funding year is 2003. The Schemmer Associates has filed the required Annual Contract Compliance Form, CC-1, in the Human Relations Department. As is City policy, the Human Relations Director will review the Contractor to ensure compliance with the contract Compliance Ordinance. Honorable President and Members of the City Council Page 2 The Library Facilities Corporation requests your consideration and approval of the attached Resolution. Respectfully submitted, Referred to City Council for Consideration: /l ( 3 � / -1� 03 Rivkah Sass /bate Mayor's Office/Title Date Library Director Approved as to Funding: Approved: J /tcyu--) ///l 6/117 Stanley P. Ti Date Chris Rodgers Date Finance Dire or Acting Human Relations Director P:\ASD\13726maf.doc ARCHITECTURAL/ENGINEERING AGREEMENT CITY OF OMAHA DESIGN AND PREPARATION OF CONTRACT DOCUMENTS WASHINGTON BRANCH LIBRARY EXPANSION AND RENOVATION PROJECT 2868 AMES AVENUE, OMAHA, NEBRASKA THIS AGREEMENT, made and entered into this 22nd day of October, 2003, by and between the firm of THE SCHEMMER ASSOCIATES INC., a corporation of the state of Nebraska, with offices at 1044 North 115th Street, Suite 300, Omaha, Nebraska, and hereinafter referred to as the "Architect", and the City of Omaha, Nebraska, acting by and through its Mayor, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the City desires to engage the Architect to render professional/architectural/engineering services as hereinafter set forth for the necessary completion of architectural/engineering construction documents and construction phase services for design of the Washington Branch Library Expansion and Renovation Project according to Exhibit "A" Description of Project, Scope of Work and Requirements for the Architect, and Exhibit "B" - Scope of Architect's Basic Services, Fee Allocation and Average Hourly Rates, attached hereto and hereby made part of this agreement. WHEREAS, the Architect is willing to perform such architectural/engineering services in accordance with the terms hereinafter provided and does represent that he is in compliance with the Nebraska Statutes relating to the registration of Professional Architects and Engineers. NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: I. DEFINITIONS Wherever in this agreement the following terms are used, or pronouns used in their stead, they shall have the meaning here given: The "EFFECTIVE DATE" of this agreement shall mean the date mentioned in the first paragraph of this document. "ARCHITECT or "ARCHITECT/ENGINEER" shall mean The Schemmer Associates Inc., whose business and mailing address is 1044 N. 115th Street, Omaha, Nebraska 68154. "CITY" shall mean the City of Omaha, Nebraska, the Mayor of the City of Omaha or his authorized representative. To "ABANDON" the work shall mean that a determination has been made by the City that conditions or intentions as originally existed have changed and that the work as contemplated herein is to be renounced and deserted for as long in the future as can be foreseen. To "SUSPEND" the work shall mean that it has been determined by the City that conditions or intentions as originally existed have changed and that the work as contemplated herein should be ceased on a temporary basis. This cessation or holding in this undetermined state will prevail until such time as a determination can be made to abandon the work or to reinstate under the conditions as defined in this agreement. To "TERMINATE" or the "TERMINATION" of this contract shall be the cessation or quitting of this contract based upon action or failure of action on the part of the Architect as defined herein and as determined by the City. II. GENERAL DESCRIPTION OF SCOPE AND CONTROL WORK The Architect shall, upon receipt of the Notice to Proceed from the City, perform all the services required under this agreement for the project described above and as outlined in the attached Exhibit A, Description of Project, Scope of Services and Requirements for the Architect and Exhibit B - Scope of Architect's Basic Services, Fee Allocation and Average Hourly Rates, hereby made a part of this agreement. Ill. TIME OF BEGINNING AND COMPLETION The Architect shall begin services on the project upon receipt of written "Notice to Proceed" from the City. The services on the project shall be completed within 720 calendar days after receipt of the written Notice to Proceed as shown on Schedule Exhibit C - Preliminary Project Design Schedule. The time for completion of the services shall be equitably adjusted for delays not the fault of Architect. The City shall have 15 calendar days for each review of pre-design report, schematic, design development and construction document phase. Delays grossly affecting the completion of the services within the time specified for completion attributable to or caused by the Architect or the City shall be considered as cause for termination of this agreement by the other. IV. OPTIONAL ADDITIONAL SERVICES FOR PROJECT MANAGEMENT. CONSTRUCTION INSPECTION AND SURVEYING At the option of the City, The City reserves the right to retain the Architect to provide additional scope and project management and full-time construction inspection. The fee for the optional Project Management and Construction Inspection shall be determined at the time the City exercises the option and shall be mutually agreed to and incorporated into the Architectural/Engineering Agreement for Washington Branch Library Expansion and Renovation. - 2 - V. OTHER ADDITIONAL SERVICES The following services are not included in the Basic Services unless so identified in Exhibit "A" and "B". They shall be provided if authorized or confirmed in writing by the City, and they shall be paid for by the City as provided in this Agreement, in addition to the compensation for Basic Services. (Rates shall be in accordance with Exhibit "B" and be defined as Average Hourly Rates for Personnel category.) Providing environmental studies and preparing special surveys, studies and submissions required for approvals of governmental authorities or others having jurisdiction over the project. Submissions to the State Health Department and City Permits and Inspections shall be part of Basic Services. Providing services relative to future facilities, systems and equipment which are not intended to be constructed during the Construction Phase. Preparing documents of separate or sequential bids or providing extra services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase, when requested by the City. Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents or are due to other causes not solely within the control of the Architect. Preparing Drawings, Specifications and supporting data and providing other services in connection with Change Orders to the extent that the adjustment in the Basic Compensation resulting from the adjusted Construction Cost is not commensurate with the services required of the Architect, provided such Change Orders are required by causes not solely within the control of the Architect. Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing services as may be required in connection with the replacement of such Work. Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the City or Contractor under the Contract for Construction. Providing services after issuance to the City of the final Certificate for Payment, or in the absence of a final Certificate for Payment. Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding except where the Architect/Engineer is party thereto. - 3 - Providing services of consultants for other than the normal architectural, structural, mechanical, and electrical engineering services for the project as described in Exhibit "A". Services of Library Design Consultant are included in basic services and as described in Exhibit "A" and `B". Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. It is hereby mutually agreed that the City has continuing rights of work progress inspections and any and all additions, deletions, changes, elaborations or modifications of the services to be performed under the terms of this Agreement which may from time to time be determined by the City as desirable or preferable, shall be controlling and governing. VI. ABANDONMENT, CHANGE OF PLAN, SUSPENSION AND TERMINATION The City shall have the absolute right to abandon the project or to change the general scope of the services as defined in Section II, at any time. Such action on its part shall in no event be deemed a breach of contract. The right is reserved by the City to suspend this Agreement at any time or to terminate for just cause. Such suspension or termination may be affected by giving the Architect fifteen (15) days written notice. If the City abandons the work or subtracts from the work as presently outlined, the Architect shall be compensated on the basis of the percentage completion ratio of the net fee shown in Exhibit "B", plus actual costs as defined in Section VIII. In determining the percentage of services completed, the City shall consider the services performed by the Architect to the total amount of the services contemplated by this Agreement. Additions to the scope of services as defined in Exhibit "A" and the Scope of Architect's Basic Services, Fee Allocation and Average Hourly Rates, as defined in Exhibit "B" will require negotiation of the supplemental agreement or agreements. For any services beyond the scope of services outlined in Exhibit "A" and Exhibit "B", the Architect will be required to document the additional services, estimate the cost to complete said services, and written approval from the City will be obtained before such services begin. VII. OWNERSHIP OF ARCHITECTURAL/ENGINEERING DOCUMENTS All tracings, plans, maps, computations, sketches, charts and other data prepared or obtained under the terms of this Agreement shall be delivered to and shall become the property of the City without restriction or limitation as to its further use. The Architect agrees to furnish one complete set of reproducible mylar construction drawings to the City prior to the completion of the project. The Architect agrees to furnish the City with a complete set of drawings and specifications on computer disc(s). Format for drawings shall be Auto Cadd 2000. Format for specifications shall be Microsoft Word. - 4 - VIII. FEES AND PAYMENTS The City agrees upon the proper signing of this Agreement, to pay, and the Architect agrees to accept, in full consideration for the performance of the Architect's obligations hereunder and in accordance with Exhibit "B" as follows: 1. An stipulated sum in the amount of$228,000.00 to be billed by the Architect in accordance with the following schedule: Payment to be made monthly based upon services completed the previous month but not to exceed the following accumulative total percentage at the completion of each phase. Schematic Design/Design Development 35 Construction Documents 40 Bidding 5 Construction Phase 20 2. Reimbursable expenses shall be billed to the City by the Architect at actual cost. Detailed itemization of such expenses shall be made available to the City at request. In no event shall such expenses exceed $15,000.00 without the prior written approval of the City. 3. Additional Construction Observation trips, beyond those included in Basic Services requested by the City and performed by the Architect or Library Design Consultant shall be compensated on a negotiated rate or lump sum related to the scope of services requested. 4. The above fees shall constitute full payment for all services performed directly or indirectly by the Architect, all expenditures made by it, except as otherwise expressly provided for herein. Said fees shall also include compensation for the services of all officers and supervisory employees not directly engaged in the work, office overhead and profit, and for all other costs except as otherwise specifically set forth herein. The acceptance by the Architect of the final payment shall constitute and operate as a release to the City for all claims and any liability to the Architect, his representatives and assigns for any and all things done, furnished or relating to the services rendered by the Architect under or in connection with this Agreement or any part thereof. The Architect shall maintain all books, documents, papers accounting records and other evidence pertaining to costs incurred and study activities and shall make such materials available at his office at all reasonable times during the contract period for three (3) years from the date of final payment under this Agreement; such records to be available for inspection by the City and copies thereof shall be furnished by the Architect, if required. - 5 - The Architect shall also be responsible to determine when a change in the services scope necessitates an increase in the fee amount. When the Architect determines that an increase is in order, he will be required to estimate the additional costs necessary to complete the additional services, document the reasons for this increase and receive prior approval from the City in writing before expenditures beyond the fee amount are incurred. The City shall not be obligated to reimburse the Architect for costs which have not been approved in excess of the fee amount. IX. FORBIDDING USE OF OUTSIDE AGENTS The Architect warrants that he has not employed or retained any company or person, other than bona fide employees working for the Architect, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. X. RESPONSIBILITY FOR CLAIMS LIABILITY The Architect agrees to save harmless the City from all Claims and Liability due to the negligent activities of himself, his agents or his employees. In this connection the Architect will carry insurance in the following kinds and amounts: 1. Comprehensive Auto Liability $500,000 P.L. $100,000 P.D. 2. Comprehensive General Liability $1,000,000/$5,000,000 P.L. $100,000 P.D. 3. Workmen's Compensation Statutory 4. Professional Liability $1,000,000 The insurance specified above shall be maintained until the Architect's services have been completed and accepted by the City. Proof of insurance coverage shall be furnished by the Architect, if requested by the City. XI. INDEMNIFICATION (1) 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 attorney's 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. (2) 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. XII. NON-RAIDING CLAUSE The Architect shall not engage the services of any personnel or persons presently in the employ of the City for work covered by this Agreement without the written consent of the employer of such persons. XIII. GENERAL COMPLIANCE WITH LAWS The Architect hereby agrees to comply with all Federal, State and Local laws and ordinances applicable to the work. XIV. PROFESSIONAL REGISTRATION AND SUBCONTRACTS The Architect hereby agrees to affix the seal of a registered professional architect and/or engineer licensed to practice in the state of Nebraska on all reports and plans prepared hereunder except for those plans designed by the City. The Architect agrees to provide these professional services using staff personnel with specialized skills, experience and professional qualifications. Any work subcontracted other than that specifically provided by this Agreement shall first have the written approval of the City. XV. ORGANIZATION CHART The Architect shall furnish an organization chart of all key personnel who will be involved in this project as outlined in this Agreement. Any deviations or revisions in personnel as shown in the project organization chart shall be subject to the prior approval of the City. All personnel revisions or replacements shall be made with people of equal ability and experience, in the opinion of the City, and failure of the Consultant to provide capable replacements to the satisfaction of the City shall be basis for termination of the Contract and the method of Contract settlement shall be as outlined in Section IV. The Project Organization Chart is as shown in Exhibit"D"hereto, and made a part of this Agreement. 1 XVI. FAIR EMPLOYMENT PRACTICES ACT The Consultant agrees to abide by the provisions of the Nebraska Fair Employment Act of 1965, R.R.S. 1943, 48-1101 through 48-1125. XVII. SUCCESSORS AND ASSIGNS This Agreement shall be binding on successors and assigns of either party. XVIII.SUBLETTING, ASSIGNMENT OR TRANSFER Subletting, assignment or transfer of all or part of the interest of the consultant is hereby prohibited unless prior written consent of the other parties is obtained therefore. XIX. NONDISCRIMINATION The Consultant shall not, in the performance of this Agreement, discriminate or permit discrimination against any person because of race, sex, age, or political or religious opinions or affiliations in violation of federal or state local ordinances. X. CONTRACT SCHEDULE Exhibit "C" attached hereto is incorporated herein as the Preliminary Project Design Schedule. XXI. UNEMPLOYMENT COMPENSATION FUND PAYMENTS Before final payment is made by the City to the Architect of the final three percent (3%) due hereunder, the Architect shall furnish the City a written clearance certifying that all payments due of contributions or interest which may have arisen under this contract have been paid by the Architect, or its subcontractor to the Unemployment Compensation Fund of the State of Nebraska. XXII. CITY SUPERVISION It is hereby mutually agreed that the City shall have responsible supervision of all the services included herein, but no employee of the Architect or any of its subcontractors or of persons working under the Architect's direction is or shall be deemed to be an employee of the City. The Architect shall at all times have or cause to have in force Workers' Compensation insurance covering all its employees and those of any subcontractor and those of anyone under its direction and control. XXIII.CITY TO PROVIDE The City shall provide, upon request, full information regarding requirements for the Project including a program (Washington Branch Library Omaha Public Library System, Building Program Document, February, 2001, George T. Lawson, Library Building Consultant) which shall set forth the City's design objectives, constraints and criteria, provided as part of Scope of Services submitted with the Request for Proposal. The City will provide drawings of the existing Washington Branch Library. The City will provide a budget for the Project including contingencies for bidding, changes in the Work during construction and other costs which are the responsibility of the City. The City shall furnish, if requested, a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths.. The City shall furnish, if requested, structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. The City shall furnish, if requested, all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the City may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor uses the moneys paid by or on behalf of the City. The City shall furnish soils testing and a geotechnical report regarding subsurface conditions and recommendations regarding foundations and other aspects related to site preparation. XXIV. AMENDMENTS OR ADDITIONS No amendments or additions shall be made to this Agreement except in writing. Future agreements between the parties must likewise be in writing. XXV. CONFLICTS OF INTEREST Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City contract. A violation of that section with the knowledge of the Architect, in addition to constituting employee malfeasance, shall be cause for the City to unilaterally terminate or void this Agreement. XXVI. COPIES OF CONTRACT PRODUCT The Architect agrees to comply if required with Section 10-144 of the Omaha Municipal Code which provides that the City may require that further copies of the contract product be submitted to the City of Omaha for distribution as follows: one copy to the City Council President, one copy to the City Clerk, and one copy to the City Council Staff Such copies shall be considered as a reimbursable expense of the contract. XXVII.AMENDMENTS TO AGREEMENT Any amendment to this Agreement which, taken alone, increases the original price as awarded (a) by ten (10) percent if the original price is one hundred fifty thousand dollars ($150,000.00) or more, or (b) by seventy-five thousand dollars ($75,000.00) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work 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. IN WITNESS WHEREOF, the parties hereto have cause these presents to be executed by their proper officials thereunto duly authorized as to the dates below indicated. EXECUTED by the Architect this 2.2 0 Gry i3 k-K Oa 3 . ATT THE H MER SSOCIATES, INC. 044;-&-St" • R. WILLIAM CRAMER, A.I.A., PRINCIPAL F N W. COMISAR, PRESIDENT PROJECT MANAGER EXECUTED by the City this 2D day of .// ,,., 403. ATTES . CITY OF OMAHA, NEBRASKA l�CIT1#r \1?RK ,r HONORABLE MIK AHEY _ • MAYOR OF THE CITY OF OMAHA ' , - ' ~ y APPROVED AS TO FORM: CITE' ATTORNEY P:\ASD\13541maf.doc 10 EXHIBIT "A" Washington Branch Library Expansion and Renovation Project Description of Project and Site The existing Washington Branch Library is located between 28th and 29th Street on the north side of Ames Avenue (2868 Ames). The expansion/renovation project is intended to respond to the existing and growing service population and the City of Omaha's Master Plan goal of providing an equal level of library service to all citizens of Omaha as a neighborhood branch library facility. The existing building currently contains approximately 10,260 square feet in a single story, brick and steel structure that was originally constructed in 1971. The project anticipates an ultimate single-story building of approximately 18,260 square feet. The existing site will be enlarged by the acquisition of adjacent properties to the north to accommodate the new addition and required additional parking. The City will be responsible for acquisition of adjoining properties and demolition of existing structures on the properties and will provide a clean, prepared site for the building addition and parking expansion. Washington Branch Library is an important center of neighborhood activity. The building program has placed special emphasis on children's and young adult services, technology and computer instruction, meeting spaces, popular collections, and life-long learning activities. Scope of Work The architectural firm will provide complete architectural and engineering services for the project and be responsible for any demolition of the existing structure, site analysis, site development, schematic design, elevation drawings, furnishing layouts, furnishing selection and specifications, design development, development of project budget, construction drawings and specifications, evalua- tion of bids, review of shop drawings and other submittals, construction administration, securing of as-built documents, review at completion of warranty period, and other tasks as agreed upon by the City of Omaha and the Architect. Requirements for the Architect 1. The Architect will preside at a meeting prior to the commencement of schematic design work with the library director, library building consultant, library trustees, and library staff to review the building program document and suggest any changes, additions, or modifications to the building program. The minutes of this meeting will detail any changes agreed upon and shall become, after approval by the Board of Trustees, an addendum to the program document. If further changes in the program are necessary they will be submitted in writing to the Library Board of Trustees for their consideration. It is assumed that all plans and specifications prepared by the design team conform to the building program document as adopted or as amended by the Board of Trustees. 2. Schematic and design development drawings submitted for approval will include all shelving, furnishings, and equipment noted in the building program document. 3. The Architect will provide "cut sheets" for all fixtures, specialty items, and furnishings for review by the Library Director and Library Building Consultant prior to the selection of those items for the project. 4. The Architect will preside at a meeting or meetings of the electrical and mechanical engineering consultants with the Library Director and the Library Building Consultant to review the working drawings and the selection of all fixtures. 5. The Architect will provide detailed minutes of all design, construction or other planning meetings. 6. The Architect will collect, verify, and turn over to the Library "as built" drawings for all project work as well as all warranties, operating manuals or instructions, and specification sheets for all equipment and fixtures installed as part of the project. These items are to be organized in a binder(s), presented to the Library, and verified as complete. P:\PIn5\9703pjm.doc EXHIBIT "A" (cont'd) Preliminary Project Budget Hard Costs Building New Construction (7,931 S.F. @ $125/SF) $991,375 Renovation (10,260 S.F. @ $75/SF) $774,675 Sitework Grading, Drainage, Sanitary, Storm, Gas,Water, $260,000 Electricity, Paving and Landscaping Subtotal Construction $2,026,050 Fixtures, Furnishings, Equipment&Technical Equipment $328,680 Construction Contingency $100,000 Public Art $20,000 Total Construction, Site, FFE &Technical Equipment, Contingency, and Public Art $2,474,730 Soft Costs Preliminary Boring Samples $2,500 Site Survey $3,500 Soils/Concrete Testing $10,000 AE Fees $ $228,000 Printing $25,000 Inspection $25,000 Subtotal Soft Costs $294,000 Land Acquisition Including property purchase (6 Lots total), condemnation, $400,000 Relocation, etc. Total Hard Costs, Soft Costs & Land Acquisition $3,168,730 P:1PIn519703pjm.doc EXHIBIT "B" WASHINGTON LIBRARY SCOPE OF ARCHITECT'S BASIC SERVICES Architect's Basic Services shall be as indicated in Article 2 of AIA Document B151-1997 Edition (Attached). (o0873 Exhibit B-2) • Abbreviated Standard Form of Agreement Between Owner and Architect AIA Document B151 - 1997 1997 Edition - Electronic Format This document has important legal consequences.Consultation with an attorney is encouraged with respect to its completion or modification.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by the American Subcontractors Association and the Associated Specialty Contractors,Inc. Copyright 1974, 1978,1987,©1997 by The American Institute of Architects.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. AGREEMENT • (In words,indicate day,month and year) BETWEEN ' (Name,address and other information) (Name,address and other information) (Include detailed description of Project,location and address) ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 2,3 and 12. • 1.2 • , • • • 1.3 1.4 ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services ide„ti fed i„ rticle and include normal civil, structural,mechanical and electrical engineering services. Basic services ©AIA DOCUMENT B151-ABBREVIATED OWNER-ARCHITECT AGREEMENT- 1997 EDITION-AIA-COPYRIGHT 1997-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C.20006-5292. WARNING:Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the A1A and can be reproduced without violation until the date of expiration as noted below.User Document:00873 EXHIBIT B.AIA--7/16/2003.AIA License Number 1016294,which expires on 8/31/2003. Electronic Format B151-1997 1 also include design of furnishings and landscape design. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program,schedule and construction budget requirements,each in terms of the other,subject to the limitations set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program,schedule and construction budget requirements,the Architect shall prepare, for approval by the Owner,Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area,volume or similar conceptual estimating techniques. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget,the Architect shall prepare,for approval by the Owner,Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural,civil. structural,mechanical and electrical systems,materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner,the Architect shall prepare,for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information,bidding forms,the Conditions of the Contract,and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE The Architect,following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids and assist in awarding-and-preparing contracts for construction. 2.6 CONSTRUCTION PHASED--ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A201,General Conditions of the Contract for Construction,current as of the date of this Agreement,unless otherwise provided in this Agreement. Modifications made to the General Conditions,when adopted as part of the Contract Documents, ©AIA DOCUMb TA B137 AEB7 VIA 1ED OWNS-ARCHITECT AGREEMENT-1997 EDITION-AIA-COPYRIGHT 1997-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C.20006-5292. WARNING:Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below.User Document:00873 EXHIBIT B.AIA--7/16/2003.ALA License Number 1016294,which expires on 8/31/2003. Electronic Format B151-1997 2 shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. 2.6.3 Duties,responsibilities and limitations of authority of the Architect under this Paragraph 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor,which consent will not be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. 2.6.5 The Architect,as a representative of the Owner,shall visit the site at intervals appropriate to the stage of the Contractor's operations, ,(1)to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed,(2)to endeavor to guard the Owner against defects and deficiencies in the Work,and(3)to determine in general if the Work is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of,nor be responsible for,the construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents. 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor.However,the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor,Subcontractors,or their agents or employees,or of any other persons or entities performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized,the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 CERTIFICATES FOR PAYMENT 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that,to the best of the Architect's knowledge,information and belief,the quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject(1)to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)to results of subsequent tests and inspections,(3) to correction of minor deviations from the Contract Documents prior to completion,and(4)to specific qualifications expressed by the Architect. 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques, sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.10 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable,the Architect shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not such Work is fabricated,installed or completed. ©MA DOCUMENT B151-ABBREVIATED OWNER-ARCHITECT AGREEMENT-1997 EDITION-AIA-COPYRIGHT 1997-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C.20006-5292. WARNING:Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below.User Document:00873 EXHIBIT B.AIA--7/16/2003.AIA License Number 1016294,which expires on 8/31/2003. Electronic Format B151-1997 3 However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors,material and equipment suppliers,their agents or employees or other persons or entities performing portions of the Work. 2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner,Contractor or separate contractors,while allowing sufficient time in the Architect's professional judgment to permit adequate review.Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities,or for substantiating instructions for installation or performance of equipment or systems,all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review shall not constitute approval of safety precautions or,unless otherwise specifically stated by the Architect,of any construction means,methods,techniques,sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.6.12 If professional design services or certifications by a design professional related to systems,materials or equipment are specifically required of the Contractor by the Contract Documents,the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect.The Architect shall be entitled to rely upon the adequacy,accuracy and completeness of the services,certifications or approvals performed by such design professionals. 2.6.13 The Architect shall prepare Change Orders and Construction Change Directive sr ,for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion,shall receive from the Contractor and forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and assembled by the Contractor,and shall issue a fmal Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under,and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and initial decisions,the Architect shall endeavor to secure faithful performance by both Owner and Contractor,shall not show partiality to either,and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect shall render initial decisions on claims,disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents.However,the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 . . , ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 ©AIA DOCUMENT B151-ABBREVIATED OWNER-ARCHITECT AGREEMENT-1997 EDITION-AIA-COPYRIGHT 1997-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C.20006-5292. WARNING:Unlicensed photocopying violates U.S.copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below.User Document:00873 EXHIBIT B.AIA--7/16/2003.AIA License Number 1016294,which expires on 8/31/2003. Electronic Format B151-1997 4 EXHIBIT "B" WASHINGTON LIBRARY FEE ALLOCATION Building Renovation and Expansion Schematic and Construction Construction Company Design Development Documents Bidding Phase Totals The Schemmer Associates,Inc. $29,500 $57,500 $8,000 $38,500 $133,500 Meyer, Sherer&Rockcastle,Ltd. $35,000 $5,000 $500 $1,500 $42,000 Batheja&Associates, Inc. $5,000 $14,000 $1,500 0 $20,500 Kenneth J. Backman $500 $3,500 $0 $0 $4,000 Totals $70,000 $80,000 $10,000 $40,000 $200,000 Interior Furnishings Schematic and Construction Construction Company Design Development Documents Bidding Phase Totals TSA $1,000 $1,000 $500 $3,600 $6,100 MS&R $8,800 $10,200 $900 $2,000 $21,900 Totals $9,800 $11,200 $1,400 $5,600 $28,000 (00873 Exhibit B-2) EXHIBIT "B" WASHINGTON LIBRARY AVERAGE HOURLY RATES The Schemmer Associates Inc. Principal/Project Manager $135.00 Project Manager $108.00 Senior Registered Architect $102.00 Senior Registered Engineer $112.00 Registered Architect $ 80.00 Registered Engineer $ 90.00 Architect Intern $ 55.00 Engineer Intern $ 62.00 Design Technician $ 65.00 Draftsperson $ 50.00 Senior Contract Administrator $ 85.00 Contract Administrator $ 55.00 Senior Project Representative $ 85.00 Project Representative $ 80.00 Clerical $ 44.00 Meyer, Scherer& Rockcastle,Ltd. Principal Architect $112.50-$182.50 Supervisory Architect $ 83.25-$112.50 Registered Architect $ 65.50- $105.00 Intern Architect $ 51.75- $ 77.25 Drafter/Architect $ 34.25 -$ 38.00 Lighting Designer $ 86.25 Head Interior Designer $112.50 Registered Interior Designer $ 55.50-$87.50 Intern Interior Designer $ 44.00- $49.00 Administrative/Word Processing $ 45.00-$48.25 Batheja &Associates, Inc. Principal $115.00 Civil Engineer $ 92.00 CADD Technician $ 60.00 (00873 Exhibit B-2) aagwaoaa , .J9gW8AON w Jago;op 1 4 W:o aagwa;das € 2 N ; - sn6ny .c/�< r g ! 0 in Apr N aunt' Aetry € s g Judy a m, gaJeLAJ .. N /Jerugad tienuer c a � aD n > > aagwaoaa H m rt co N .19gw0noN a CO moo -0N m Z 0 C CD N �' X o 0 0 0 Jagopo b W a) h o `- C C 0 wo Jagwa;dag ;snBny i 2 I g Apr v 0 co., aunt' Am qq U E . t Hudy gal BIN f ce i tierugad _ iGenuet' Q g 8 E Jagwaoaa 5 ,JC o JagwanoN 0 N _ Jaqo;ap 1 1 0 c, v . , EXHIBIT "D" WASHINGTON LIRARY ORGANIZATIONAL CHART / �IbAAIiA,^, 6,4 ��''� City of Omaha Off!arVIMI Public Library / George Lawson Library Consultant L I Principal/Project Manager R. William Cramer, AIA The Schemmer Associates Inc. r Design Advisor Jeff Scherer, AIA \ MS&R r Design Manager Jack Poling, AIA MS&R \.. i I I I I I.Architecture Interior Design 1- Electrical \ I. Mechanical \ The Schemmer Associates Meyer,Scherer&Rockcast/e Engineering Engineering The Schemmer Associates The Schemmer Associates Roger Doehling, AIA Traci Engel Lesneski, Bill Davidson, P.E. David Kramer, P.E. Terry Wood, AIA CID, IIDA Brad Farmer Jeff Lewis, P.E. J J Structural Civil Landscaping Contract Engineering Engineering Architecture Administration The Schemmer Associates Batheja&Associates Ken Backman Landscape Arch. The Schemmer Associates Jeff Ehler, P.E., S.E. William Glismann, P.E. Ken Backman, ASLA Mike Fortenbury 4 Dean Dunn, E.I.T. , ` 1 EXHIBIT E 2/12/01 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) Tne 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. (5) The Contractor shall take such actions with respect to any subcontractor as the City may g provisions of Paragraphs (1) (7) herein, including a means of enforcm_ the ro is through direct as ., ., P 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 ektent as required by the federal government for federal contracts under federal rules and regulations. Such compliance report 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. P:l.A SD\44:79.PJM t4OV. 1E,.c":003iut, 2t25PIThTTONTHE SCHEMMER ASSOCIATES; OS/04(0S e1NO.778 P, P._2 • EXHIBIT "At' PROTECTED A D/OR DISADVANTAGED BUSINESS DISCLOSURE PARTICIPATION FORM THIS FORM MUST BE SUBMITTED WITH THE BID ire tl.te_perrforma ce DUN*. centratct, the>t gntrector propoegkand agrees to s e� good faith .e_go6e to t;onlIect wtrit e„tjgj a _gity of Onnaftu reified P 4ftd/ot-QOE a. ShouLdlligbelow listetr rfte anWor DfE lktiotioyteopior In determined tg jgg unable to o s coe�,sf�1lY ._le not part rrn___irtg satlsfectoj the CCPntl=zlc.tor sllAll_..Q.la9B_Prlgr gPglro al irg►ro iltt_Hutttan tat;ip 22ROCt+ent Die or a dosiar e, for • ub:x it!t:ion.o...th Blow listed sown reotorsyitl2.g.City of O_rJtahes fr4r,Ctltflgg PBE C.A�•...��uk!Il)Ettists This.fprip,the QIdsa,r,is certifying tall!Lhas ca taigedCity of Qrnaha±tsrngn Rolattoar popart opt prior to laid ate +uing reasrd ng this pro 0_ .10 has afforded, subcontr topt_participa jg in the__prograrn the oppprtfinitiy_to submit 4#��on ths prole ; — —— —— -�— Type'of work and F+rQ je eta d , i contract item or commortcemOnt Name of Peg parts thereof to be and completion "Agreed price with undlur CABE Address ppeE/DiaEe Parectnle a "/o) orformed date of work � �� t9►/�.r +�.,fAi if tN eeN�1 N� Gwt��SWbi u0'a � � ���5 to 2Ai 'f�0 .;A ��l:_..S 1* .� G51 .0* 4aitvtce j ��.___ . .._ —_.____ I _ __ .._. _ - _.--- Totals U t a OP 10.:i c to ''iaoilar value of each psE/DBE agreement{gust Ott haled in the"Agreed Price"column; total in this column must raqual the PBE/17BE goals, CERTIFICATION The Undersigned/Contractor cenifres to the City'of Omaha that the utilizarion goals will be met either by goal nchicvemcnt or end I.P.ith e:fiort as documented, The Undersigeted/Contractor certifies that he/she has read,understands,and agrees rp be hound by POt'./DI3E Participation Contract Specifcations, including the accompanying Exhibits, regarding PBE/DBE, and the other terms and conditions of the Invitation for Bids. IThe undersigned flrlher certifies that he/she is legally authorized by the Bidder Ic tna{,e the statements and representations in the PBE/DBE Participation Contract Specifications end that said statements and reptesentatinns are true and correct to the be1lt of his/per knowledge and belief. The undersigned will enter into formal tr reementts)with Protected and/or Disudvantag0 business enrcrpriee(s)(which rc otherwise deemed by the City of Omaha to be technically responsible to perform the worl.7 listed in the Pl3E/DfE Specifications at the price(s) set forth in Exhihit A conditioned upon execution of a contract by the Undersigned with the City of Omaha. The Undersigned/Contractor agrees that if arty pi'the PRE/DBE Specification representations arc made by the bidder knowing them to be false,or if there is a failure by the s,ucees„ul bidder(i.e. the Contractor)to implen•'ent the stated agreements, intentions, objectives, goals, and comments srl forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material breach of the I:;onnact, entitling the City of Omaha to r lect the contractor's bid or to terminate the Contract for default. The right to so rca—rninrare shall be in addition to,and not in lieulof,any other rights or remedies the City of Omaha may have for other defaults ureer the Contra , under City of Otnaha'a Contract Compliance Ordinance Or otherwise. Additionally, the tindersiencd/Con tar will he subject to a terms of any future Contract Awards. 4 affa Signati ores . � ti � �� TE;ia, t IeWGVyl'xr _ _ Date of Signing^��— Firm or Corporate Name Tffse Ce: wniela Al' 0C101-r. , ,it. .n.cldrssa j v II Pre le V SW,IV 3$'Telephone Number ld Z — 995 "'98 t o 5 NOV. G.ErDID3JMF,z:26PMr I a mTHE SCHEMMER ASSOC I ATES 77 . 09/0410S 01tN2O1:, 8 'P. ii3 • 1 EXHIBIT 13" CONTR f,CTOR EMPLOYMENT DATA iBID;DE:R„S ARE REQUIRED TO SUB iIIT THE FOLLOWING WORK FORCE DATA WITH EACH EE11) (PI otrci d Class is defined as Black, Ks re, Asian and Pacific'lslander. American Indian of Alaskan Native, Female.) T -Total Employees Frrote tefl Class Males Protected Class Females American American _. Tatar Total Asian or Indian or Asian or Indian or Work Protected Pacific Alaskeh Pacific Alaskan Da if Force Class Black His nlc Islander Native Black Hispanic Islander Nalilve Whit.. 1/ /0, 9 Li c, .T, _ I:mu,"ct .4Ottation*s_r�p>3rs,l,tJpAlaelll�ors � JcATtf?NP direr . Iv to Purchaeina ent-L�. 4OOor_rS. C:c n 1o.I1is , .Q,II I:aid��er=; awarded a contract In the am unt of$5,000 or more must comply With the Contract Complience Ordinance ar1c, l':r1N6 on filo with the Human 'Relations Depar ment the Contract Compliance Report(F'orp CC-1). This report shall be in ,;(;ec° rnr -,,4 months from the dato received by the,' Human Relations Department: Any Questions regarding the Contract ,,ornplianc:e Ordinance should be directed to the i�1 man Relations Department at(402)444-5055, faI..EASli, PRINT LEGIBLY OR TYPE i 1+irrn rs Name: J ltf Sitom. t As I C 1 TV i C..i. V S7p :i . ._..�. Qate of Si. Mug) { ii�;!t;iierre: g. W11-LallO ay?J1'+rV1t Prait sf'A't. �/ t...: ,...,.P.. • (Print Name) -17 (Title) (Signature) 6 IAOV. 6.aO031ut 2:26PM4TIorTHE !SCHEMER. ASSOCIATES) eerO4r@7 O1NO_778 F 1!.4. EXHIBIT "C" QUARTERLY REPORT N PROTECTED AND/ R DISADVANTAGED BU INESS ENTERPRISE (This form must be submitte• within 10 calendar days f the end of each calendar quarts , from the start of the proj, ct,) Company Name:, Project Number: Proj€c:t Name;___ 'Fatal Contract Amount: Caiendar Quarter Coynred by this Report: • 4tn Year 200_ I. Protected arndfor Disadvantaged Contract() Instructions: List all Protected andlor D advantaged Subcontractors which have performed work since Notice I:o Procce ai (N rP), are currently performing wor. , and are contemplated toperform work duringtheduration Omats4 Contracts. Name and total dollars cam itted and paid, h of the C:it:y of Narita of Protected and/car Disadvantaged Dotiarls Paid During Dollars Paid Since Susitre'as 1:nterprise Work Assignment Dollars Committed Quarter (NTP)to Data a 7 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the Washington Branch Library Expansion/Renovation project is intended to respond to the existing and growing service population and the City of Omaha's Master Plan goal of providing an equal level of library service to all citizens of Omaha as a neighborhood branch library facility; and, WHEREAS, Washington Branch Library is an important center of neighborhood activity; and, WHEREAS, the Library Facilities Corporation has hired George Lawson, a private consultant to develop a program statement for Washington Branch Library; and, WHEREAS, the City's Six Year Capital Improvement Program has identified the need for an addition/renovation to the Washington Branch Library; and, WHEREAS, the Library Facilities Corporation will be issuing Lease Revenue Bonds to pay for the design and construction; and, WHEREAS, the Architects and Engineers Review and Selection Committee has recommended that The Schemmer Associates be engaged to perform the required architectural engineering services for construction documents preparation and bidding services; and, WHEREAS, The Schemmer Associates will provide those services as detailed in the attached Agreement, which by this reference is made a part hereof, for a Lump Sum Fee of $228,000.00; plus not to exceed$15,000.00 reimbursables; and, WHEREAS, The Schemmer Associates has filed a Contract Compliance Report Form (CC-1); 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 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 2 THAT, as recommended by the Mayor, The Schemmer Associates will provide professional architectural/engineering services relating to the addition/renovation of Washington Branch Library, and the attached Architectural/Engineering Agreement, which is incorporated herein by this reference, is hereby approved. Funds not to exceed $243,000.00 shall be paid from the Library Facility Corporation Construction Fund 13511, Organization 117021, Project 0035. The funding year is 2003. APPROVED AS TO FORM: ITY ATTORNEY DATE P:\ASD\13727maf.doc Pawtt By O Councilmember AdoPted4: 1 8 2003 ......... ............ . City Clerk Approved• — - Mayor & _ ( = g > \ o H / d \ ° ® 0 C \ • w 0 8 § C ƒ §` } C - I / R z ® n7 0 ) ƒ sE i-D 7 / \ \ 0 q @ ® 2 7 >- ? 0 _ > B "S 0 - R 0- / k \ § n o o J m R P ( ) . 9 _ ®• R 2 ƒ ? o 7 - / ) 9 n / \ k m 2 § \ . 1. N-11 il:I.iTiIIJi} w\ ' a N, y�� y } \ %-