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RES 2015-1589 - Agmt with BVH Architects for Southeast joint use facility addition and renovation ^' f 0MAHA,N6 d / - { i 4Ac 7 i 4:,, ., ' , Public Works Department c t- Omaha/Douglas(;ivtc( cntcr -® ,fir`" December 15, 2015 Y,J —' ' °' 1819 Farnam Street,Suitc 601 1;PDIE ', ", ` Omaha,Nebraska 68183-0601 4BR`�t r (`� `.-.'c, I'ax(402)444-5248 City of Omaha a . ,- ` 't r VRobert G. Stubbe, P.E. Jean Stothert,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving a Professional Services Agreement with BVH Architects for architectural services for the Southeast Joint Use Facility Addition and Renovation. The attached agreement and resolution authorizes BVH Architects to proceed with the work which will include providing architectural services, as detailed in Exhibit B of the Agreement. BVH Architects have agreed to perform the services in the attached agreement for a fee not to exceed $45, 639.00, as detailed in Exhibit B, which is payable from the 2010 Public Facilities 13245, and Capital Organization 116262. BVH Architects have filed the required Contract Compliance Report Form CC-1, in the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Res ctfully submitted, Referred to City Council for Consideration: r ' /1-Z3a_/$ ay� -c. 1-z.. 3 t'S"- Ro rt G. Stubbe, P.E. Date or's Office / Date Public Works Director App oved as to Fu in : Approved: ------- j ,„.".---- fr is-.4„ �/ 1�t3�t Step en B. Curtiss ncer K. Danner, Jr. Date Finance Director - .•:). Human Rights and Relations Director 1064tns PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this thirteenth day of November, 2015, by and between the City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as the "City"), and BVH Architects (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. All references to "Contractor" shall mean "Provider". I. PROJECT NAME AND DESCRIPTION Southeast Joint Use Facility Addition and Renovation 5225 Dayton St Omaha NE II. DUTIES OF PROVIDER A. Provider agrees to perform professional services, as set out and more fully described in the Proposal attached hereto, for the City, relative to the above-referenced project which is illustrated in Exhibit "B" attached hereto. Such services shall be completed within a sixty (60)day period after receipt of a purchase order from the City. B. Provider designates John Sinovic whose business address and phone number is 1425 Jones St, Omaha NE 68102 (402-345-3060) as its project manager and contact person for this project. C. Provider agrees to maintain records and accounts, including personnel, financial and property records, sufficient to identify and account for all costs pertaining to the project and certain other records as may be required by the City to assure a proper accounting for all project funds. These records shall be made available to the City for audit purposes and shall be retained for a period of five(5)years after the expiration of this Agreement. D. Provider agrees to prepare a schedule of compensation, detailing hourly rates for all compensated providers,employees, and subcontractors. E. Provider agrees to complete, within sixty(60) calendar days of receipt of a purchase order from the City, the necessary services. The City recognizes that completion within this deadline is contingent upon timely response from utilities and City input. F. Provider agrees to have a current Contract Compliance Form (CC-1) on file with the City's Human Rights and Relations Department prior to signing the agreement. III. DUTIES OF CITY A. City designates Mike Oestmann whose business address and phone number are Public Work Department, Facilities Management, 1523 S 24th St, Omaha NE (402-444-4575) as its contact person for this project, who shall provide a notice to proceed and such other written authorizations as are necessary to commence for proceed with the project and various aspects of it. IV. COMPENSATION AND PAYMENT A. The cost of services as specified in the Scope of Service, shall be performed on an hourly basis, but in no event shall exceed $45,639.00. Detailed breakdown of costs shall be shown in Exhibit"C". B. Reimbursable expenses shall be billed to the City by the Provider. C. INCREASE OF FEES The parties hereto acknowledge that, as of the date of the execution of the Agreement, Section 10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increase the original fee as awarded (a) by ten percent, if the original fee is one hundred fifty thousand dollars($150,000) or more, or(b) by seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the city council. The provisions of this section will be quoted in all future city contracts. Nothing in this section is intended to alter the authority of the mayor under section 5.16 of the Charter to approve immediate purchases. V. OWNERSHIP OF INSTRUMENTS OF SERVICE The City acknowledges the Provider's construction documents, including electronic files, as instruments of professional service.Nevertheless, upon completion of the services and payment in full of all monies due to the Provider,the final construction documents prepared under this Agreement shall become the property of the City. The City shall not reuse at another site or make any modification to the construction documents without the prior written authorization of the Provider. The City agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Provider, its officers, directors, employees and subconsultants(collectively, Provider)against any damages, liabilities or costs, including reasonable attorneys'fees and defense costs, arising from or in any way connected with the unauthorized reuse or modification of the construction documents by the City, regardless of whether such reuse or modification is for use at the Project site or another site. VI. ADDITIONAL SERVICES In the event additional services for the aforementioned project not covered under this Agreement are required, Provider agrees to provide such services at a mutually agreed upon cost. VII. INSURANCE REQUIREMENTS Provider shall carry professional liability insurance in the minimum amount of one half million dollars and shall carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. VIII. INDEMNIFICATION The Provider agrees,to the fullest extent permitted by law,to indemnify, defend and hold harmless the City, its officers, directors and employees(collectively, City)against all damages, liabilities or costs, including reasonable attorneys'fees and defense costs,to the extent caused by the Provider's negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the Provider is legally liable. The City agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Provider, its officers, directors, employees and subconsultants(collectively, Provider)against all damages, liabilities or costs, including reasonable attorneys'fees and defense costs in connection with the Project,to the extent caused by the City's negligent acts or the negligent acts of anyone for whom the City is legally liable. Neither the City nor the Provider shall be obligated to indemnify the other party in any manner whatsoever for the other parry's own negligence. IX. TERMINATION OF AGREEMENT This Agreement may be terminated by the City upon written notice to the provider of such termination and specifying the effective date at least seven (7) days prior to the effective date of such termination. In the event of termination, the provider shall be entitled to just and equitable payment for services rendered to the date of termination, and all finished or unfinished documents, data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City's option, its property. X. GENERAL CONDITIONS A. Non-discrimination. Provider shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, or disability as recognized under 42 USCS 12101 et seq. and Omaha Municipal Code section 13-89,political or religious opinions,affiliations or national origin. B. Captions. Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. C. Applicable Laws. Parties to this Agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City Agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the Agreement voidable by the Mayor or Council. E. Interest of the Provider. The Provider covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this Agreement; he further covenants that in the performance of this Agreement, no person having any such interest shall be employed. F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease or deed of any type. This is the complete and full agreement of the parties. 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. 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. LB 403 Contract Provisions. -NEW EMPLOYEE WORK ELIGIBILITY STATUS-The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the Contractor is an individual or sole proprietorship,the following applies: 1. The Contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE)Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. K. Contract Compliance Ordinance No.35344,Section 10-192 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, age, sexual orientation, gender identity, disability, or national origin. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, sexual orientation, gender identity, or national origin. As used herein,the word "treated" shall mean and include, without limitation, the following: recruited, whether by advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The 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, sexual orientation, gender identity, or national origin,age,disability. 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 human rights and relations director 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 human rights and relations director 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 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 human rights and relations director. 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. • EXECUTED this 13th day of November , 2015 . rink t Z1 - Provider / . By ‘J � hN s1 c�Nvi cAT11, S id- f(1-tN c` l' A -- : (Title) EXECUTED this jilt day of Deee2,050447,--- , ATTEST CITY OF MAHA, Municipal Corporation C 4r4'erk ayor APPROVED AS TO FORM: Deputy City A orney Revised: 12/2012 EXHIBIT "A" Utilization of Small and Emerging Small Businesses It is the policy of the City of Omaha that Small and Emerging Small Businesses shall have the maximum practicable opportunity to participate in City of Omaha projects. With regard to this project, the following Certified Professional Service Provider(s) have been identified and contracted with to perform the identified project tasks: Scope of work or Projected project tasks to be commencement Name of small or performed and completion Agreed price with emerging small Address date of work SB/ESB Percentage(%) business Totals CERTIFICATION The undersigned certifies that he/she is legally authorized by the Provider to make the statements and representations regarding small and/or emerging small business participation and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s) with the identified small and/or emerging small business(es)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work)at the price(s) set forth in this Exhibit conditioned upon execution of this Agreement by the Provider with the City of Omaha. The undersigned/Provider agrees that if any of the representations made regarding utilization of small and/or emerging small business by the Provider knowing them to be false,or if there is a failure by the Provider to implement the stated agreements, intentions, objectives,goals,and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the agreement,entitling the City of Omaha to terminate the Agreement for default. The right to so terminate shall be in addition to, and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Agreement,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the undersigned/Provider will be subject to the terms of any future professional service awards. Signature Title Date of Signing Firm or Corporate Name Address Telephone Number EXHIBIT B B V H 12 November 2015 Mr. Michael E. Oestmann City of Omaha 1523S24St Omaha NE 68108 RE: Southeast Joint Use Facility Addition and Renovation Proposal for Architectural Services BVH: M15052 Dear Mike; We appreciate the opportunity to continue with your facility needs at the Southeast Joint Use Facility. In follow-up to our previous Study of your facility and recent conversations, we propose the following: I. DESCRIPTION OF PROJECT Schematic Design through Construction Administration services based on the results of the September 2015 BVH Concept Study of the Southeast Joint Use Facility, located at 5225 Dayton Street in Omaha, Nebraska, for the Construction Division of the City of Omaha. II. SCOPE OF WORK BVH Architects will provide the following: A. Prepare bidding documents, based on design at the end of the Design Development phase; B. BVH will include up to 5 design meetings; C. Estimated Construction value of the project is approximately$334,000; estimated Furnishings value is$60,000; D. BVH will include Architectural and Structural and Mechanical/Electrical/Plumbing engineering services; no civil engineering services are included; E. BVH will provide Construction documents, bidding services (including Prebid meeting) and construction administration services; F. The Construction Administration Phase services will include 5 site visits and a final punchlist; G. Information technology, civil engineering, and furnishings procurement services are not provided. BVH Architects LINCOLN OFFICE 1440 N 8th Street Ste 100 I Lincoln NE 68508 1 402 4/5 4551 bvh.corn OMAHA OFFICE 11425 Jones Street 1 Omaha NE 681 02 1 402.345.3060 • EXHIBIT B SEJUF • B V H 12 November 2015 Page 2 of 4 III. COMPENSATION FOR PROFESSIONAL SERVICES A. The basic professional design services specified above in "Scope of Work" will be completed for a fixed fee of Forty-Five Thousand Six Hundred Thirty-Nine Dollars ($45,639.00) plus reimbursables. B. If the City desires individual temperature control in the new offices within the existing space, a new type of HVAC system will be required for an additional fee of$4,200.00. Please note this may increase the construction costs. C. Reimbursable Expenses, which may include but not be limited to printing, staff travel, long- distance telephone calls, photography, reproduction of drawings, postage, delivery/messenger service, lodging, meals, filing fees, miscellaneous supplies, etc. are in addition to the basic professional design services listed above and will be billed at our invoice cost times 1.15. D. Consulting Engineers beyond those specified in Scope of Work, should they be required, are in addition to the basic professional design services and fees listed above and will be billed at our invoice cost times 1.15. E. Any additional work not described in this Letter-Agreement will be performed at our standard hourly rates per the attached schedule. IV. BILLING A. Billing is done on a four-week schedule. Payment is due upon receipt of invoice and will be made via electronic funds transfer (EFT). Bank account information will be provided upon execution of this document. A late fee of 1.25% (15% annualized) will be made on unpaid balances twenty-eight (28) days past due. B. Limitation of Liability: The Owner agrees to limit the Architect's Liability to the Owner, due to the Architect's negligent acts, errors or omissions, such that the total aggregate liability of the Architect to the Owner, shall not exceed the Architect's total design fee for professional design services rendered on this project. C. Corporate Protection Clause It is intended by the parties to this Agreement that the Architect's services in connection with the Project shall not subject the Architect's individual employees, officers or directors to any personal legal exposure for the risks associated with this Project. Therefore, and notwithstanding anything to the contrary contained herein, the Owner agrees that as the Owner's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Bahr Vermeer Haecker Architects, Ltd a Nebraska corporation, and not against any of the Architect's individual employees, officers or directors. D. The Drawings, Specifications, and other documents, whether in hard copy or machine readable form (CADD or disk), prepared by the Architect and marked with the copyright symbol (©) for this project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of BVH Architects LINCOLN OFFICE 1440 N 8th Street Ste 100 l Lincoln NE 685081 4024 r 5.4551 bvh.com OMAHA OFFICE 11425 Jones Street I Omaha NF 68102 1402.345.3060 EXHIBIT B SEJUF BVH 12 November 2015 t — Page 3of4 these documents and shall retain all copyright interests. This is to include all sketches and renderings, hand-drawn or computer-generated, and the use or reproduction of same for news releases or any other purposes is to be done only with the permission of and with credit given to the Architect. If this proposal is acceptable, please sign both copies, return one copy to our office and retain the second copy for your records. Also please inform BVH of the Purchase Order number used for this project. If you have any questions, please contact me. We look forward to continuing our relationship with the City of Omaha. Respectfully, ACCEPTED B ARCH TS, LTD. CITY OF OMAHA/PUBLIC WORKS Sinovic AIA Sr. •rincipal Mike Oestmann, Contract Administration Manager Date BVH Architects LINCOLN OFFICE 1440 N 8th Street Ste 1001 Lincoln NE 68508 1 4024-7 5.4551 bvh.corn OMAHA OFFICE 11425 Jones Street I Omaha NE 68102 1 402 345 3060 EXHIBIT C SEJUF BVH 12 November 2015 Page 4 of 4 BVH Architects, Ltd. Standard Hourly Rates Principal $185.00/hr Senior Project Manager $160.00/hr Project Manager $120.00/hr Senior Architect $110.00/hr Architect $95.00/hr Senior Designer $75.00/hr Designer $75.00/hr Student Intern $50.00/hr Senior Administrative $90.00/hr Administrative $65.00/hr Reimbursable expenses are billed at our invoice cost x 1.15. Consulting Engineers are billed at our invoice cost x 1.15. These rates are in effect through 31 December 2015. BVH Architects LINCOLN OFFICE 1440 N 8th Street Ste 100 I Lincoln NE 685081402 41/5.4551 bvh coat OMAHA OFFICE 11425 Jones Street I Omaha NF 6.8102 1402.345.3060 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Architectural services are required for the Southeast Joint Use Facility Addition and Renovation; and, WHEREAS, BVH Architects was selected by the Architects and Engineers Selection Process and has agreed to perform the services listed in the attached agreement, which by this reference is made a part hereof; and, WHEREAS, BVH Architects has agreed to perform these services for a fee not to exceed $45,639.00, which will be paid from the 2010 Public Facilities Fund 13245, and Capital Organization 116262. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Professional Services Agreement with BVH Architects for architectural services for the Southeast Joint Use Facility Addition and Renovation, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay a fee not to exceed $45,639.00 for these architectural services from the 2010 Public Facilities Fund 13245, and Capital Organization 116262. 1063tns APPROVED AS TO FORM: 6; I1 )/ ) . CITY ATTORNEY DATE By 4 • 04? Councilmember Adopted DEC 1 5 015 City Clerk J./J7//5 Approved,.\�����-" Mayor f"4. NO f � , Resolution by Res. that, as recommended by the Mayor, the Professional Services Agreement with BVH Architects for architectural services for the Southeast Joint Use Facility Addition and Renovation, is hereby approved; and that the Finance Department is authorized to pay a fee not to exceed $45,639.00 for these architectural services from the 2010 Public Facilities Fund 13245, and Capital Organization 116262. 1063 Atns Presented to City Council DEC 1 5 2015 Adopted '7-o ettilet' el^0cun. City Clerk