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RES 2020-1200 - PSA with Nexus Alliance for engineering services for Public Works Construction ProjectsIV.C​OMPENSATION 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 it exceed $50,079.09. 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 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 documents prepared under this Agreement shall become the property of the City. The City shall not reuse on another Project or make any modifications to the documents without 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 documents by the City, regardless of whether such reuse or modification is for use on this Project or another Project. VI.ADDITIONAL SERVICES In the event additional services for the aforementioned Project not covered under this Agreement are required, the Provider agrees to provide such services at a mutually agreed upon cost. VII.INSURANCE REQUIREMENTS The 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 attorney’s 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; provided, that with respect solely to the said duty to defend, such duty of the Provider to defend shall arise only if, and to the extent, such duty is covered by Provider’s liability insurance. 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 attorney’s 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 matter whatsoever for the other party’s own negligence. IX.TERMINATION OF AGREEMENT This Agreement may be terminated by the City upon written notice to the Provider of such termination and specifying the effective date at least seven (7) days prior to the effective date of such termination. In the event of termination, the Provider shall be entitled to just and equitable payment for services rendered to the date of termination, and all finished or unfinished documents, data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City’s option, its property. X.GENERAL CONDITIONS A.Non-discrimination​. Provider shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, age, or disability as recognized under 42 USCS 12101 et seq. and Omaha Municipal Code section 13-89, race, color, creed, religion, sex, marital status, sexual orientation, gender identity, national origin, age, or disability. 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. I.Strict Compliance​. All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from authorized representative. J.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 service 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.Certificate of Authorization​. If this Agreement contemplates the performance of professional architecture or engineering work by the Provider, the Provider shall provide to the City, and maintain in good standing, a current Certificate of Authorization from the State of Nebraska as required by Neb. Rev. Stat. section 81-3436. L.Debarment or suspension by any federal agency. (This section applies if any part of this Agreement is funded by a federal agency.) Office of Management and Budget (OMB) guidelines require that any individual or entity that has been placed on the Excluded Parties List System (“EPLS” - available for review through ​www.sam.gov​) may not be a participant in a federal agency transaction that is a covered transaction or act as a principal of a person participating in one of those covered transactions. These guidelines apply to covered transactions under a grant from any federal agency for which a recipient expects to receive reimbursement for expenditures incurred or an advance on future expenditures. The Contractor providing goods and/or services to the City of Omaha certifies, by acceptance and execution of this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. The Contractor further agrees, by accepting and executing this Agreement, that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Contractor or any lower tier participant is unable to certify this statement, it shall attach an explanation to this Agreement. M.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, color, creed, religion, sex, marital status, sexual orientation, gender identity, national origin, age, or disability. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, gender identity, national origin, age, or disability. 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, color, creed, religion, sex, marital status, sexual orientation, gender identity, national origin, age, or 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 applications 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 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. N.Conflict. In the event of any conflict between this Agreement and any of the exhibits attached hereto, the terms of this Agreement shall take precedence. EXHIBIT “A” RESERVED EXHIBIT “B” SCOPE OF SERVICES Nexus Alliance NA 13911 Gold Circle Suite #310 Omaha, Nebraska 68144 t 402 965 0545 www.nexusalliancena.com 1 Scope of Services Street Improvement District Program Management The Consultant will provide management for the following projects: ·OPW 53069: Polk Street Improvements ·OPW 53195 & OPW 53353: Ridgewood Ave & Woolworth Ave Street Improvement Districts ·OPW 53360: Exposed Sewer Channel Crossings Rehabilitation ·OPW 53437 & OPW 53438: 85th St & 86th St Street Improvement Districts ·OPW 53453: Nicholas St Street Improvement District ·OPW 53465: 24th St Streetscape Improvements ·OPW 53847: Walnut St Street Improvement District ·OPW 53947: 32nd St Street Improvement District ·OPW 53949: N 14th St E Street Improvement District ·OPW 53976: S 38th St Street Improvement District ·OPW 53960: 48th Street Improvements ·OPW 53948: N 65th Ave Street Improvement District ·OPW 53946: Monroe St Street Improvement District ·OPW 53834: Ames Ave Street Improvement District ·OPW 53644: Emmet St Street Improvement District Program management activities may include, but are not limited to: ·Corresponding daily with City of Omaha staff, consultant engineers, and members of the public. ·Sending notification letters to district residents, keeping them informed regarding upcoming public meetings and project progress updates. ·Coordinating with consultant design engineers to develop 30%, 60%, 90%, and Final Plan submissions. ·Performing Quality Assurance/Quality Control on all submissions and routing for City of Omaha internal reviews. ·Coordinating with the City of Omaha’s Utility Coordination Engineer to address utility coordination needs through design and construction. ·Hosting the Project Kickoff Meetings, Final Design Meetings, and Pre-Construction Meetings with the public. ·Coordinating with the City of Omaha’s Right of Way Division in order to collect Right of Entry Agreements. ·Submitting completed plan sets to General Services at bid letting using GS 2.0. EXHIBIT "B" 2 ·Hosting internal pre-construction meetings and pre-bid meetings with contractors and City of Omaha staff. ·Managing the construction of the SIDs, including hosting weekly progress meetings and reviewing weekly paperwork from the consultant inspectors. ·Reviewing and routing consultant invoices and contractor progress payments. ·Completing construction site visits as needed to resolve issues. ·Reviewing submittals from the contractor to ensure they are in accordance with City of Omaha Standard Specifications. ·Coordinating with the City of Omaha’s Survey personnel to schedule construction surveying. ·Writing and distributing door hanger notices for the residents during construction. ·Reviewing and routing CCTV submittals to the City of Omaha’s Sewer Maintenance Division. ·Reviewing SWPPP inspections submitted and identifying corrective actions for the contractor. ·Completing walkthroughs for substantial and final completion of construction. ·Generating conceptual SID cost estimates for potential districts. ·Attending internal Street Improvement District program meetings. EXHIBIT “C” BREAKDOWN OF COSTS Project Name:Street Improvement District Project Management Project Number:N/A Control Number:N/A Location:Omaha, NE Company Name:Nexus Alliance NA Consultant Project Manager:David Nassi Phone Number:402-965-0545 ext 200 Email Address:dnassi@nexusalliancena.com LPA Coordinator:Austin Rowser Phone Number: Email Address:austin.rowser@cityofomaha.org Date:11/10/2020 Hours Rate Amount 36 67.71$ 2,437.56$ 240 46.88$ 11,251.20$ -13,688.76$ Amount -$ -$ 225.00$ -$ 225.00$ Amount 13,688.76$ 30,799.71$ 225.00$ 5,365.62$ 50,079.09$ Project Cost and Breakdown Principal Project Engineer/Manager TOTALS Classification Direct Expenses Fee for Profit Rate @ 12.00% DIRECT LABOR COSTS TOTAL COST Subconsultants Printing and Reproduction Mileage/Travel (50 miles/week @$0.75/mile) Other Miscellaneous Costs TOTALS Direct Labor Costs Overhead @ 225% DIRECT EXPENSES TOTAL PROJECT COSTS EXHIBIT "C"