RES 2023-0977 - PSA with Leo A Daly for Abbott Drive Streetscape Improvements City Clerk Office Use Only:
z /� 7 Publication Date (if pplicable):
RESOLUTION NO. 212 —1/ I U /�
Agenda Date:
Department: ( ,
Submitter: haeLatii&içis
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
WHEREAS, Leo A. Daly was awarded a Professional Services Agreement for the conceptual and
schematic design for Abbott Drive Streetscape and Improvements with Leo A. Daly, to furnish all labor,
materials and equipment necessary for design documents for the Abbott Drive Streetscape, located along
Abbott Drive between N. 10th Street and Arthur C. Storz Expressway, Omaha, Nebraska, in the amount of
$48,500.00, for the Parks, Recreation, and Public Property Department; and,
WHEREAS, in accordance with Omaha Municipal Code, Section 10-187, Leo A. Daly was selected and
has agreed to provide professional services for the project as delineated in the attached Professional
Services Agreement, which by this reference is made a part hereof; and,
WHEREAS, Leo A. Daly has complied with the City's Contract Compliance Ordinance No. 28885 in
relation to Civil Rights - Human Relations; and,
WHEREAS, the Mayor has recommended acceptance of this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
THAT, as recommended by the Mayor, the Resolution in the total amount of $48,500.00 for Leo A.
Daly to furnish all labor, materials and equipment necessary for design documents for the Abbott Drive
Streetscape, located along Abbott Drive between N. 10th Street and Arthur C. Storz Expressway, Omaha,
Nebraska, for Parks, Recreation, and Public Property Department, is hereby approved. The Finance
Department is authorized to pay the total amount of $48,500.00 from the 2018 Parks and Recreation Fund
13357, Organization No. 117317, Parks and Cultures Bonds, Project I.D. No. 2000P505.
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APPROVED AS TO FORM:
9 0/01.3
DEP TY CITY ATTORNEY DATE
'1)Adopted:
Attest:
City Clerk
Approved: �,E,
Mayor
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this &day of , 20 a3, by and between the
City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as the "City"),
and Leo A Daly, 8600 Indian Hills Drive,Omaha, Nebraska 68114.4039(hereinafter referred to as the "Provider"),
on the terms,conditions and provisions as set forth herein below.
I. PROJECT NAME AND DESCRIPTION
A. Concept and Schematic Design, Abbott Drive Streetscape Update and Improvements, along Abbott
Drive between N.10C Street and Arthur C. Storz Expressway. Intent is to investigate the repair and
replacement of existing failing materials and modernize the design.
II. DUTIES OF PROVIDER
A. Provider agrees to perform NE professional services, as set out and more fully described in the
"Proposal for AIE Service for Abbott Drive Streetscape Update and Improvements", dated July 21,
2023, attached hereto,for the City, relative to the above referenced project. Such services shall be completed
within a reasonable period after receipt of a purchase order from the City.
B. Provider designates Christine M. Rupert,AICP, LEED,AP, Senior Associate, Director of Planning,
phone: 402-390-4258; email: CMRupert@leoadaly.com, 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 sub-consultants, a copy of which is provided in the attached Agreement For The
Provision Of Limited Professional Services.
E. Provider agrees to complete within eight to twelve weeks (56 to 84 days) after receipt of a signed
agreement and a formal notice to proceed from the City, all items discussed in the Scope of Services. The
City recognizes that completion within this deadline is contingent upon timely meeting schedules and City
input. Provider shall furnish the City with one (1) complete hard copy set of the final documents, including
plans, specifications and meeting notes and one (1) complete Digital copy of all documents, including plans,
specifications and meeting notes if applicable. Word documents and spread sheets shall be provided in the
latest format of MS Word and Excel. Drawings, if applicable shall be provided in CAD format compatible with
AutoCAD 2018 or later.
F. Provider shall be responsible for reviewing all project plans and specifications with appropriate
departments and agencies for compliance with City ordinances, state and federal law, building, plumbing,
electric and fire codes and other pertinent laws and regulations.
Professional Services Agreement—AIE Service for Abbott Drive Streetscape Update&Improvements
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III. DUTIES OF CITY
A. City designates Jake Lindner, Park Planning and Development Manager, phone: 402.444-5949;
email: EJLindner@cityofomaha.org and Dennis E. Bryers, FASLA, PLA, Landscape Architect— Park &
Recreation Planner II,402-444-3798; email: dennis.brversna,citvofomaha.org as its contact person for this
project, who shall provide a notice to proceed and such other written authorizations as are necessary to
commence or proceed with the project and various aspects of it.
IV. COMPENSATION AND PAYMENT
A. The cost of services as specified in the Scope of Services, shall be performed on an hourly basis, but in
no event shall exceed forty-eight thousand dollars and no cents($48,000.00). The hourly basis shall be as
set out in Exhibit A of the "Proposal for NE Service for Abbott Drive Streetscape Update and
Improvements", dated August 1, 2023. The express written consent of the City shall be required in order to
exceed said amount.
B. Reimbursable expenses for"Abbott Drive Streetscape Update and Improvements" shall be billed to
the City by the Provider at actual cost. Detailed itemization of such expenses shall be made available to the
City upon request. In no event shall such expenses exceed five hundred dollars an no cents ($500.00)
without the prior written approval of the City of Omaha.
C. Provider shall complete and return to the City a W-9 form, copy attached, as required by the City prior
to any payments being made to the Provider.
D. Provider shall submit periodic invoices to the City contact person, detailing services performed and the
cost thereof. City shall pay such invoices within thirty (30) calendar days after the date of the invoice. If an
invoice is not paid within thirty (30) calendar days of issue, interest will be charged on the principal balance
shown on the invoice. Interest will be calculated by multiplying the unpaid balance by the periodic rate of the
1.5% per month (18% per annum), or the statutory maximum according to applicable state law, if less. The
unpaid balance will bear interested until paid.
E. Increase of Fees
1. The parties hereto acknowledge that, as of the date of the execution of the Agreement, §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 (10%), 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 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.
2. 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§5.16 of the Charter to approve immediate purchases.
Professional Services Agreement—AIE Service for Abbott Drive Streetscape Update&Improvements
PSA Concept and Schematic Design
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V. OWNERSHIP
A. 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. Therefore, Provider shall not be responsible or liable for
the use or workability of construction documents, drawings, specifications, models, renderings, and work
product in connect with any project other than the project intended under this agreement. The City agrees,to
the fullest extent permitted by law, to indemnify and hold harmless the Provider, its officers, directors,
employees and sub-consultants (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
A. In the event additional services for the aforementioned project not covered under this agreement are
required, Provider agrees to provide such services at a mutually agreed upon cost.
VII. INSURANCE REQUIREMENTS
A. Provider shall carry professional liability insurance in the minimum amount of five hundred thousand
dollars ($500,000) and shall carry workers' compensation insurance in accordance with the statutory
requirements of the State of Nebraska.
VIII. INDEMNIFICATION
A. The Provider agrees, to the fullest extent permitted by law,to indemnify and hold harmless the City, its
officers, directors and employees (collectively, City) against all damages, liabilities or costs, including
reasonable attorneys'fees and defense costs,to the extent caused by the Provider's negligent performance of
professional services under this Agreement and that of its sub-consultants 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 insurance. The City agrees, to the
fullest extent permitted by law, to indemnify and hold harmless the Provider, its officers, directors, employees
and sub-consultants (collectively, Provider) against all damages, liabilities or costs, including reasonable
attorneys' fees and defense costs in connection with the Project, to the extent caused by the City's negligent
acts or the negligent acts of anyone for whom the City is legally liable. Neither the City nor the Provider shall
be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence.
IX. TERMINATION OF AGREEMENT
A. This agreement may be terminated by the City upon written notice to the Provider of such termination
and specifying the effective date at least seven (7) calendar 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
Professional Services Agreement—AIE Service for Abbott Drive Streetscape Update&Improvements
PSA Concept and Schematic Design
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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,
political or religious opinions, affiliations or national origin or disability/handicap in the selection of sub-
consultants, including procurements of materials and leases of equipment as recognized under 42 USCS
12101 et seq.and Omaha Municipal Code§13-89.
B. Captions. Captions used in this agreement are for convenience and are not used in the construction
of this agreement.
C. Applicable law. Parties to this agreement shall conform with all existing and applicable city
ordinances, resolutions, state laws, federal laws, and all existing and applicable rules and regulations.
Nebraska law will govern the terms and the performance under this agreement.
D. Interest of the City. Pursuant to §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. Contract compliance Ordinance No. 35344,§10-192—Equal Employment Opportunity Clause.
During the performance of this contract,the Consultant agrees as follows:
1) The Consultant shall not discriminate against any employee applicant for employment because
of race, religion, color, sex, age, sexual orientation, gender identity, disability, or national origin as
defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-89. The
Professional Services Agreement—AIE Service for Abbott Drive Streetscape Update&Improvements
PSA Concept and Schematic Design
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Consultant 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, age, sexual orientation,
gender identity, disability, or national origin. The Consultant 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; laid off; and terminated. The Consultant 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 Consultant shall, in all solicitations or advertisements for employees placed by or on behalf
of the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, religion,color,sex,age,sexual orientation,gender identity,disability,or national origin.
3) The Consultant 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 Consultant'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 Consultant 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 §§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 Consultant. The purpose of this provision is to provide for investigation to ascertain
compliance with the program provided for herein.
5) The Consultant shall take such actions with respect to any sub-consultant 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 Consultant becomes involved in or is
threatened with litigation as the result of such direction by the City,the City will enter into such litigation
as is necessary to protect the interests of the City and to effectuate these provisions (of this division);
and in the case of contracts receiving federal assistance, the Consultant or the City may request the
United States to enter into such litigation to protect the interests of the United States.
6) The Consultant shall file and shall cause his sub-consultants, if any to file compliance reports
with the Consultant in the same form and to the same extent as required by the federal government for
federal contracts under federal rules and regulations. Such compliance reports shall be filed with the
contract compliance officer. Compliance reports filed at such times as directed shall contain
information as to the employment practices, policies, programs, and statistics of the Consultant and his
sub-consultants.
7) The Consultant shall include the provisions of paragraphs (1) through (7) of this section, "Equal
Employment Opportunity Clause," and §10-193 in every subcontract of purchase order so that such
provisions will be binding upon each sub-consultants or vendor.
Professional Services Agreement—A/E Service for Abbott Drive Streetscape Update&Improvements
PSA Concept and Schematic Design
Leo A Daly Page 5
K. New Employee Work Eligibility Status(Neb. Rev. Stat. §4-108-114)-Contract Provisions.
1) The Consultant 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 Reformation 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.
2) If the Consultant is an individual or sole proprietorship,the following applies:
a. The Consultant must complete the United States Citizenship Attestation Form, available
on the Department of Administrative Services website at www.das.state.ne.us.
b. If the Consultant indicates on such attestation form that he or she is a qualified alien, the
Consultant agrees to provide the US Citizenship and Immigration Services documentation
required to verify the Consultant's lawful presence in the United States using the Systematic
Alien Verification for Entitlements(SAVE)Program.
c. The Consultant understands and agrees that lawful presence in the United States is
required and the Consultant may be disqualified or the contract terminated if such lawful
presence cannot be verified as required by Neb. Rev. Stat. §4-108.
L. Independent Contractor. It is understood and agreed by and between the parties that any and all acts
that the Provider or its employees, agents, contractors, or servants perform pursuant to the terms of the
Agreement shall be undertaken as independent contractors and not as employees of the City. Neither
Provider nor any of its employees or agents shall be construed to be the employee or agent of the City for any
purpose whatsoever. Provider shall not be entitled to any benefits of the City. The City shall not provide any
insurance coverage to the Provider or its respective employees including, but not limited to workers'
compensation insurance. Provider and the City shall be responsible for all reports, obligations, and payments
pertaining to social security taxation, income tax withholding, workers' compensation, unemployment
compensation,group insurance coverage, collective bargaining agreements,or any other such similar matters.
Provider shall have no authority to bind the City by or with any contract or agreement, nor to impose any
liability upon the City. All acts and contracts of the Provider shall be in its own name and not in the name of
the City, unless otherwise provided herein.
M. Force Majeure and Unforeseeable Conditions: Provider shall not be responsible for and City
hereby releases Provider from any claim, damage, delay or loss resulting from: (I) fires, riots, labor disputes,
war, terrorism, weather, acts of god, epidemics, or other force majeure; (ii) governmental action or failure to
act (including, without limitation, plan reviews, permits, and/or approvals); (iii) unforeseen circumstances or
conditions (including, without limitation, unforeseen site conditions); (iv) discovery of any hazardous
substances or differing site conditions; and/or, (v) circumstances or events outside the reasonable control or
responsibility of Provider.
N. Construction Means and Methods: Notwithstanding anything under the Agreement, or otherwise
expressed or implied by Provider, Provider shall not have control over, charge of, or be responsible, in any
way, for the means, methods, techniques, sequences or procedures, or for any health or safety programs in
connection with any construction work arising from the Agreement or any work product.
Professional Services Agreement—AIE Service for Abbott Drive Streetscape Update&Improvements
PSA Concept and Schematic Design
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0. Mutual Waiver of Consequential Damages: In no event shall either party under the Agreement be
liable to the other party, whether in contract, warranty, tort, or otherwise, for any indirect, incidental, special or
consequential damages of any kind or nature whatsoever.
P. Opinions of Probable Cost: Any and all estimates provided by Provider are opinions of probable
costs based on information that is reasonably available to Provider. City acknowledges and agrees that
Provider has no control over the cost of labor, materials, equipment or services, or the means and methods
used by others in determining prices, competitive bidding, or market conditions. City further acknowledges and
understands that proposals, bids, and/or actual project costs may, and probably will vary from the estimates
and opinions of probable costs provided by Provider under the Agreement.
Q. Limitation of Liability: In recognition of the relative risks and benefits of the Agreement to both the
City and Provider, to the fullest extent permitted under applicable law, City agrees that Provider's total liability
for any and all claims, losses, costs, damages, or expenses including, without limitation, reasonable attorneys'
fees and costs, of any nature whatsoever, shall not exceed 10%of Provider's total fee under the Agreement. It
is intended that this limitation of liability shall apply to any and all liability or cause of action, whether in
contract,warranty,tort, or otherwise, however alleged or arising.
R. Standard of Care: The standard of care for all services performed or furnished by Provider
under the Agreement shall be in conformance with the skill and care ordinarily exercised by similar
professionals providing similar services in the same location at the same time and under similar circumstances
(the "Standard of Care"). Provider makes no warranty or guarantee, expressed or implied, with respect to its
services or obligations under the Agreement including, without limitation, the implied warranties of
merchantability and/or fitness for a particular purpose.
EXECUTE this day of S"f '"m ' , 20
by
WITNESS Iar \WAN
TITLE D\YIY f Q9ol\Ip
EXECUTED this g0 day 6&4-20 O?
by
De uty Cit Attorney
EXECUTED th•is v day off 20
Cjty,of Omaha,a unicipal Corp.
U
Elizabeth Butler,City C Jean Stothert, Mayor
City of Omaha City of Omaha
Professional Services Agreement—AIE Service for Abbott Drive Streetscape Update&Improvements
PSA Concept and Schematic Design
Leo A Daly Page 7
EXHIBIT"A"
Revised: 6/2011
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 commenceme
Name of small or be performed nt and Agreed price
emerging small Address completion with SB/ESB Percentage(%)
business date of work
VI' ;L1—L " f
7 - "5 i I as%
( o t l ckta C.oa�f C Set, -'z-aS oo
5
GcnSuv�'I" P O t3ox F..S ►r+ m faa c
Totals 30%
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 VVv
Title ( Ck' Date of Signing C/6,/a3
Firm or Corporate Name L er) D(t,y
Address tc1 t ,5 DOA-Telephone Number 0 -391 _8j 11 i
OnAculAct. N a 6611`f
End of Exhibit A
Professional Services Agreement—NE Service for Abbott Drive Streetscape Update&Improvements
PSA Concept and Schematic Design
Leo A Daly Page 8
July 21,2023 — Revised August 1,2023
Matt Kalcevich,
City of Omaha,Parks, Recreation and Public Property Department
LE DA DALY 1819 Farnam Street,Suite 701
Omaha, NE 68183
PLANNING
ARCHITECTURE RE: Proposal for A/E Service for Abbot Drive Streetscape Update and Improvements
ENGINEERING LEO A DALY(hereinafter referred to as"Provider") is pleased to present this proposal for
INTERIORS Professional A/E Services for professional services to be performed for you by our
company.
PROJECT DESCRIPTION:
The City seeks to update and improve the Abbott Drive streetscape design between N. 10th
ABU DHABI Street and Arthur C. Storz Expressway,see Exhibit W,City of Omaha sign along Abbott
ATLANTA Drive("Welcome Sign"),see Exhibit X for location,Gateway Towers located at Abbott Drive
AUSTIN and N. 10th Street,Omaha, Nebraska see Exhibit Y for location and Gateway Towers on
BEIJING Arthur C. Storz Ex
CHICAGO py, near Abbott Drive,see Exhibit Z. The intent of the improvements is to
COLLEGE STATION investigate the repair or replacement of existing failing materials and modernize the
CORPUS CHRISTI design.
DALLAS
DAMMAM SCOPE OF WORK:
DOHA Provider will perform Phase 1 concept and schematic design services for the identified
FORT WORTH sites to include conceptual siteplan,elevations studies, lighting studies for Gateway
HONG KONG p g 9
HOUSTON Towers and Welcome Sign, urban design/landscape design along Abbott Drive and at
LANSING Gateway Towers and Welcome Sign and maintenance/restoration alternatives for existing
LAS VEGAS structures.
LOS ANGELES
MiL 1 Provider to provide design services in collaboration with subconsultants Vireo (Landscape
MILPITAS
MINNEAPOLIS Architecture), Lamp Rynearson (Civil Engineering),and Building Cost Consultants(opinion
OAKLAND of probable cost) as follows:
OMAHA
ORANGE Part 1: Concept and Schematic Design
RIYADH
SAN ANTONIO
SAN MARCOS 1) Due Diligence:
TAMPA a. Obtain topographic and utility survey proposals from survey consultant(s)
WACO for Abbott Drive between N. 10th and Arthur C. Storz Expressway including
WASHINGTON DC the intersection of Abbott Drive and N. 10th Street and Gateway tower plaza,
WEST PALM BEACH Welcome Sign located along Abbott Drive and Gateway towers on Arthur C.
Storz Expressway. Survey will be contracted directly by the City.
b. Contact OPPD and Omaha Public Works to collect information regarding
existing electrical service and lighting controls.
c. One site visit will be made for field investigation activities to observe
existing structures, hardscape and landscape materials.All assessment
activities will be conducted from the ground (no lifts or ladders) and will be
visual only,non-destructive investigations.
LEO A DALY
8600 Indian Hills Drive
Omaha,NE 68114-4039
402.391.8111
leoadaly.com
•
LEO A DALY
July 21,2023
REVISED Aug 1,2023
Page 2 2) Concept Design
a. Kick Off/User Group Meeting&site observation visit with the City
i. Provider Attendees: PM,Architect,Structural Engineer, Electrical
Engineer, Landscape Architect
b. Provider to review and evaluate existing drawings provided by the City
c. Provider to review applicable codes,,standards,and prior planning
documents(Green Streets Plan, Millwork Commons development plans,
Airport improvements,etc.)
d. Stakeholder Meetings:
i. Provider to present:
1. Summary of site observations
2. Facilitate visioning discussion for what these spaces could
and/or should be. Identify what issues that improvements
need to address,and establish goals and objectives for the
project.
3. Up to 3 conceptual options for maintenance and alteration
of Abbott Drive median,Welcome Sign and Gateway
Towers
a. Concepts could include: hand or computer sketch
graphics to convey conceptual design options,as
well as imagery and photographs to explore
possible programming,hardscape and softscape
features,and approaches to lighting for night
interest.
ii. Provider Attendees: PM,Architect, Electrical Engineer, Landscape
Architect
e. Additional Concept Development meetings:
i. Provider will participate in up to Four(4) meetings with
stakeholders to be identified by Omaha Parks Department at KO
meeting may include Mayor's Office,Omaha Visitor's Bureau,
Primary Donor and Public Works.
ii. Provider Attendees: PM,Architect, Electrical Engineer, Landscape
Architect
3) Schematic Design
a. Based on City direction, Provider will refine one (1) preferred concept for
each project area.
b. Deliverables (in electronic PDF format)
i. Site observation report
ii. Site plan,elevations,electrical service and lighting upgrades,and
restoration recommendations for N. 10th Street Gateway Towers,
Storz Expressway Gateway Towers and Welcome Sign.
iii. One(1) rendered site plan and One(1) rendered elevation or 3-D
view for each project area listed:
1. Welcome Sign, Exhibit X
2. N. 10th Street Gateway Towers, Exhibit Y
3. Storz Expressway Gateway Towers, Exhibit Z
iv. Preliminary site plan and typical street section illustrating proposed
streetscape/median improvements for Abbott Drive
v. Opinion of probable cost of construction
Part 2: Design Development,Contract Documents,Bidding and Contract Administration
Following completion of Part 1,City and Provider will collaborate to develop the scope of
work and fees for Part 2 to include design development,contract document design, bidding
and contract administration services for project as required.
LEO A DALY
July 21,2023
REVISED Aug 1,2023
Page 3 CLARIFICATIONS:
• City will provide available architecture and engineering drawings of existing
construction for Provider use. Provider is entitled to rely on the accuracy and
completeness of the drawings provided.
• Field investigation to assess existing conditions will be limited to visual
observation only. No destructive environmental or hazardous material testing will
be performed.
• Deliverables are limited to concept and schematic level detail only. Drawings
developed for schematic design are not construction documents and should not be
the basis for construction or contractor bids.
• Provider's opinions of probable total project costs,construction costs,and/or
estimates of quantities, if any,provided as part of the services under the
Agreement are made on the basis of Provider's knowledge,experience and
qualifications and represent Providers'judgment as an experienced professional.
Provider does not guarantee that proposals,bids,actual total project costs,total
construction costs or quantity estimates will not vary from the opinions provided
by Provider.
• Traffic study is not included.
• Assistance to City with applications for funding/grants are additional services.
• Photorealistic renderings are not included but available as an additional service
• Preparation for and attendance at Planning Board,City Council or Urban Design
Review meetings are additional services.
• Geotechnical services and ALTA survey are not included.
SCHEDULE:
Based on an authorized Notice to Proceed,we anticipate Part 1 services to be completed in
approximately eight to twelve weeks.
FEES:
The fee for Part 1 services is hourly plus subconsultant fees not to exceed Forty-Eight
Thousand Five Hundred Dollars ($48,500). Provider hourly rates will be in accordance with
Exhibit A. Reimbursables will be billed at actual cost to the Provider. Reimbursable
expenses are estimated not to exceed Five Hundred Dollars ($500) and may include milage,
parking and printing.
Our team is ready to begin this project and execute a design service agreement
immediately. If you need any additional information or have any questions, please do not
hesitate to contact us.
Very truly yours,
LEO A ALY COMPANY APPROVED BY:
Christine M. Rupert,AICP Nancy Melby, PE
Senior Associate, Director of Planning Vice President, Director of Operations
LE D ADALY HOURLY RATES SCHEDULE
Note: These rates are current through April 2024 and are subject to annual escalation due to compensation
increases. Reimbursables are in addition to these rates.
Principal $351
Project Management $209
Architecture
Senior Professional Architect $194
Professional Architect $143
Architectural Technician $87
Electrical Engineering
Senior Professional Electrical Engineer $233
Professional Electrical Engineer $186
Electrical Technician $116
Structural Engineering
Senior Professional Structural Engineer $233
Professional Structural Engineer $171
Structural Technician $116
Administrative $62