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HomeMy WebLinkAboutA018 - Resolution approving Professional Services Agreement with HR Green, Inc., of Cedar Rapids, IA, for the 2025/26 Asphalt Street Pavement Improvements projectITEM #:20 DATE:10-14-25 DEPT:PW SUBJECT:2025/26 ASPHALT STREET PAVEMENT IMPROVEMENTS - PROFESSIONAL SERVICES AGREEMENT COUNCIL ACTION FORM BACKGROUND: This annual Capital Improvement Plan (CIP) program utilizes rehabilitation and reconstruction techniques to improve existing Asphalt streets. These pavement improvements will restore structural integrity, serviceability, and rideability. Targeted streets are experiencing accelerated deterioration, and timely intervention will extend their service life. The 2025/26 program locations include Hillcrest Avenue, Ellis Street, Kentucky Avenue, Illinois Avenue, Indiana Avenue, Oklahoma Drive and Delaware Avenue. Staff initiated a Request for Proposals (RFP) process for professional services for the design and development of plans and specifications for the project. Proposals for this work were received from 11 engineering firms on July 9, 2025. The proposals were evaluated on their qualifications according to the following criteria: Project Understanding, Project Approach, Design Team/Key Personnel, and Previous Experience. The evaluation scores are follows: Firm Qualifications Score Fee Qualifications Rank HR Green 276 $302,000 1 CDA 272 $266,000 2 Stanley 270.5 $306,700 3 McClure 265.5 $445,490 4 Kirkham Michael 261 $225,260 5 WHKS 258.5 $330,000 6 Snyder 255.5 $241,000 7 Strand 254.5 $396,000 8 MSA 250.5 $341,720 9 V&K 240.5 $349,934 10 ISG 234 $327,000 11 HR Green of Cedar Rapids, Iowa received the highest scored based on qualifications. Staff believes HR Green's approach and understanding of the project best aligns with the project requirements. Staff has negotiated a fee of $302,000 with HR Green. The proposed fee is below the average for all proposals received and offers the greatest value in relation to the services provided for the project. 1 A summary of revenues and projected expenses for the project is shown below: Funding Source Revenues Expenses GO Bonds $4,000,000 Water Utility Fund $ 200,000 Sewer Utility Fund $ 150,000 Construction $3,750,000 Engineering (this Council action) $ 302,000 Administration $ 298,000 TOTAL $4,350,000 $4,350,000 ALTERNATIVES: 1. Approve the professional services agreement with HR Green of Cedar Rapids, IA, for the 2025/26 Asphalt Street Pavement Improvements program in an amount not to exceed $302,000. 2. Direct staff to negotiate an engineering agreement with another consulting firm. CITY MANAGER'S RECOMMENDED ACTION: Based on staff's evaluation using the above criteria, HR Green will provide the best value to the city for professional services for the 2025/26 Asphalt Street Pavement Improvements program. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): 2025-26 Asphalt (Hillcrest Ave and Ellis St) Location Map.pdf 2025-26 Asphalt Street Kentucky, Illinois, Indiana Location Map.pdf 2025-26 Asphalt Street Oklahoma Dr and Delaware Ave.pdf PSA-2025-2026 Asphalt Street Pavement Improvements.pdf 2 3 4 5 Version 2.3 02052021 PROFESSIONAL SERVICES AGREEMENT For 2025/26 Asphalt Street Pavement Improvements Hafiz Ibrahim, Civil Engineer City of Ames Public Works Department 515 Clark Avenue Ames, Iowa 50010 515-239-5245 Brandon L. Mickelson, P.E. HR Green, Inc. 8710 Earhart Lane SW Cedar Rapids, IA 52404 HR Green Project Number 2502839 October 14, 2025 6 Version2.3 02052021 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS 7 Professional Services Agreement 2025/26 Asphalt Street Pavement Improvements HRG Project #2502839 October 14, 2025 Page 1 of 8 Version2.3 02052021 THIS AGREEMENT is between CITY OF AMES, IOWA (hereafter “CLIENT”) and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding – See Scope of Services Attachment A 1.2 Design Criteria/Assumptions – See Scope of Services Attachment A 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: See Attachment A 3.0 Deliverables and Schedules Included in this Agreement See Attachment A This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this AGREEMENT: See Attachment A Supplemental services not included in the AGREEMENT can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others See Attachment A 6.0 Client Responsibilities See Attachment A 8 Professional Services Agreement 2025/26 Asphalt Street Pavement Improvements HRG Project #2502839 October 14, 2025 Page 2 of 8 Version2.3 02052021 7.0 Professional Services Fee 7.1 Fees The fee for services will be based on COMPANY standard hourly rates current at the time the AGREEMENT is signed. These standard hourly rates are subject to change upon 30 days’ written notice. Non-salary expenses directly attributable to the project such as: (1) living and traveling expenses of employees when away from the home office on business connected with the project; (2) identifiable communication expenses; (3) identifiable reproduction costs applicable to the work; and (4) outside services will be charged in accordance with the rates current at the time the service is done. 7.2 Invoices Invoices for COMPANY’s services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT, suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event that any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorneys’ fees. 7.3 Extra Services Any service required but not included as part of this AGREEMENT shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of the CLIENT. 7.4 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. 7.5 Payment The CLIENT AGREES to pay COMPANY on the following basis: Time and material basis with a Not to Exceed fee of 302,000.00. 9 Professional Services Agreement 2025/26 Asphalt Street Pavement Improvements HRG Project #2502839 October 14, 2025 Page 3 of 8 Version2.3 02052021 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this AGREEMENT and made a part of it. 8.1 Standard of Care Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 8.2 Entire Agreement This AGREEMENT and its attachments constitute the entire understanding between CLIENT and COMPANY relating to COMPANY’s services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this AGREEMENT shall be in writing and signed by the parties to this AGREEMENT. If the CLIENT, its officers, agents, or employees request COMPANY to perform extra services pursuant to this AGREEMENT, CLIENT will pay for the additional services even though an additional written agreement is not issued or signed. 8.3 Time Limit and Commencement of Services This AGREEMENT must be executed within ninety (90) days to be accepted under the terms set forth herein. The services will be commenced immediately upon receipt of this signed AGREEMENT. 8.4 Suspension of Services If the Project or the COMPANY’S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this AGREEMENT, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services, and the COMPANY’S schedule and fees for the remainder of the Project shall be equitably adjusted. If the COMPANY’S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this AGREEMENT upon giving not less than five (5) calendar days' written notice to the CLIENT. If the CLIENT is in breach of this AGREEMENT, the COMPANY may suspend performance of services upon five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT, and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this AGREEMENT by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 8.5 Books and Accounts COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 8.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage, and Professional Liability insurance caused by the negligent performance by COMPANY's employees of the functions and services required under this AGREEMENT. 8.7 Termination or Abandonment Either party has the option to terminate this AGREEMENT. In the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further services under this AGREEMENT may be terminated upon seven (7) days’ written notice. If any portion of the services is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the services not terminated or abandoned. If said termination occurs prior to completion of any phase of the project, the fee for 10 Professional Services Agreement 2025/26 Asphalt Street Pavement Improvements HRG Project #2502839 October 14, 2025 Page 4 of 8 Version2.3 02052021 services performed during such phase shall be based on COMPANY's reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse COMPANY for termination costs. 8.8 Waiver COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 8.9 Severability If any provision of this AGREEMENT is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this AGREEMENT shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 8.10 Successors and Assigns All of the terms, conditions, and provisions hereof shall inure to the benefit of and are binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this AGREEMENT shall be made without written consent of the parties to this AGREEMENT. 8.11 Third-Party Beneficiaries Nothing contained in this AGREEMENT shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY’s services under this AGREEMENT are being performed solely for the CLIENT’s benefit, and no other party or entity shall have any claim against the COMPANY because of this AGREEMENT or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, sub-consultants, vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this AGREEMENT and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Iowa without regard to any conflict of law provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this AGREEMENT or the performance of the services shall be brought in a court of competent jurisdiction in the State of Iowa. 8.13 Dispute Resolution Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this AGREEMENT shall be submitted to non-binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub-consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 8.14 Attorney’s Fees If litigation arises for purposes of collecting fees or expenses due under this AGREEMENT, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 8.15 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. COMPANY shall retain these records for a period of five (5) years following completion/submission of the records, during which period they will be made available to the CLIENT at all reasonable times. 11 Professional Services Agreement 2025/26 Asphalt Street Pavement Improvements HRG Project #2502839 October 14, 2025 Page 5 of 8 Version2.3 02052021 8.16 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorneys’ fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT’s use or reuse of the electronic files. 8.17 Failure to Abide by Design Documents or To Obtain Guidance The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should COMPANY’S plans, specifications or design intents not be followed, or for problems resulting from others' failure to obtain and/or follow COMPANY’S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing COMPANY’S plans, specifications or other instruments of service. Accordingly, the CLIENT waives any claim against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury or losses that results from failure to follow COMPANY’S plans, specifications or design intent, or for failure to obtain and/or follow COMPANY’S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing COMPANY’S plans, specifications or other instruments of service. The CLIENT also agrees to compensate COMPANY for any time spent and expenses incurred remedying CLIENT’s failures according to COMPANY’S prevailing fee schedule and expense reimbursement policy. 8.18 Opinion of Probable Construction Cost As part of the Deliverables, COMPANY may submit to the CLIENT an opinion of probable cost required to construct work recommended, designed, or specified by COMPANY, if required by CLIENT. COMPANY is not a construction cost estimator or construction contractor, nor should COMPANY’S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. This requires COMPANY to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which COMPANY has no control. Given the assumptions which must be made, COMPANY cannot guarantee the accuracy of its opinions of cost, and in recognition of that fact, the CLIENT waives any claim against COMPANY relative to the accuracy of COMPANY’S opinion of probable construction cost. 8.19 Design Information in Electronic Form Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from its ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY’s express written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT’S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attorneys’ fees arising out of the modification or reuse of these materials. The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30-day inspection period, during which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days, at the request of the CLIENT, COMPANY shall submit a final set of sealed drawings, and any additional services to be performed by COMPANY relative to the 12 Professional Services Agreement 2025/26 Asphalt Street Pavement Improvements HRG Project #2502839 October 14, 2025 Page 6 of 8 Version2.3 02052021 submitted electronic materials shall be subject to separate agreement. The CLIENT is aware that differences may exist between the electronic files delivered and the printed hard-copy construction documents. In the event of a conflict between the signed construction documents prepared by the COMPANY and electronic files, the signed or sealed hard-copy construction documents shall govern. 8.20 Information Provided by Others The CLIENT shall furnish, at the CLIENT’s expense, all information, requirements, reports, data, surveys and instructions required by this AGREEMENT. The COMPANY may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT’s consultants and contractors. COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY from any damages, liabilities, or costs, including reasonable attorneys’ fees and defense costs, arising out of or connected in any way with the services performed by other consultants engaged by the CLIENT. COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this AGREEMENT unless indicated in the Scope of Services. 8.21 Force Majeure The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any delays for causes beyond the COMPANY's control. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless from any and all liability, other than that caused by the negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; disease epidemic or pandemic; failure of any government agency to act in a timely manner; failure of performance by the CLIENT or the CLIENT’S contractors or consultants; or discovery of any hazardous substances or differing site conditions. Severe weather disruptions include but are not limited to extensive rain, high winds, snow greater than two (2) inches and ice. In addition, if the delays resulting from any such causes increase the cost or time required by the COMPANY to perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a reasonable adjustment in schedule and compensation. 8.22 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY’S employees and sub- consultants at a construction site, shall relieve the general contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the general contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the general contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY’S consultants shall be indemnified and shall be made additional insureds on the general contractor’s and all subcontractor’s general liability policies on a primary and non-contributory basis. 8.23 Hazardous Materials CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or in connection with or related to this project with respect to which COMPANY has been retained to provide professional services. The compensation to be paid COMPANY for said professional services is in no way commensurate with, and has not been calculated with reference to, the potential risk of injury or loss which may be caused by the exposure of persons or property to such substances or conditions. Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its officers, directors, 13 Professional Services Agreement 2025/26 Asphalt Street Pavement Improvements HRG Project #2502839 October 14, 2025 Page 7 of 8 Version2.3 02052021 employees, and consultants, harmless from and against any and all claims, damages, and expenses, whether direct, indirect, or consequential, including, but not limited to, attorney fees and Court costs, arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acid, alkalis, toxic chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter, whether sudden or not. It is acknowledged by both parties that COMPANY’S Scope of Services does not include any services related to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of COMPANY’S services, COMPANY may, at its option and without liability for consequential or any other damages, suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full compliance with applicable laws and regulations. Nothing contained within this AGREEMENT shall be construed or interpreted as requiring COMPANY to assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 U.S.C.A., §6901 et seq., as amended, or within any State statute governing the generation, treatment, storage, and disposal of waste. 8.24 Certificate of Merit The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. This certification shall: a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a design professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to COMPANY not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding. 8.25 Limitation of Liability In recognition of the relative risks and benefits of the Project to both the CLIENT and the COMPANY, the risks have been allocated such that the CLIENT agrees, to the fullest extent permitted by law, to limit the liability of the COMPANY and COMPANY’S officers, directors, partners, employees, shareholders, owners and sub- consultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and costs and expert witness fees and costs, so that the total aggregate liability of the COMPANY and COMPANY’S officers, directors, partners, employees, shareholders, owners and sub-consultants shall not exceed $50,000.00, or the COMPANY’S total fee for services rendered on this Project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 8.26 Design Without Construction Observation It is agreed that the professional services of COMPANY do not extend to or include the review or site observation of the contractor's work or performance and the CLIENT assumes all responsibility for interpretation of the contract documents and for construction observation. It is further agreed that the CLIENT will defend, indemnify and hold harmless COMPANY from any claim or suit whatsoever, including but not limited to all payments, expenses or costs involved, arising from the contractor's performance or the failure of the contractor's work to conform to the design intent and the contract documents. COMPANY agrees to be responsible for its employees’ negligent acts, errors or omissions. 8.27 Municipal Advisor The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as defined in the Dodd-Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal entity as defined by said Act, and the CLIENT requires project financing information for the services performed under this AGREEMENT, the CLIENT will provide the COMPANY with a letter detailing who their independent registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can be provided to the CLIENT upon request. 14 Professional Services Agreement 2025/26 Asphalt Street Pavement Improvements HRG Project #2502839 October 14, 2025 Page 8 of 8 Version2.3 02052021 This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Services will not begin until COMPANY receives a signed agreement. COMPANY’s services shall be limited to those expressly set forth in this AGREEMENT and COMPANY shall have no other obligations or responsibilities for the Project except as agreed to in writing. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, HR GREEN, INC. Brandon L. Mickelson, P.E. Approved by: Printed/Typed Name: Title: Date: CITY OF AMES, IOWA Accepted by: Printed/Typed Name: Title: Date: Ryan Simbro, PE Regional Director - Transportation September 25, 2025 15 HR Green, Inc. Project No. 2502839 2025/26 Asphalt Street Pavement Improvements Ames, Iowa A1 ATTACHMENT A SCOPE OF SERVICES The project is described as design and bidding services for one bid package with separate locations within the City of Ames for the 2025/26 Asphalt Street Pavement Improvements project. The total length of roadway to be reconstructed or rehabilitated is just over 1.5 centerline miles. Location one includes Ellis Street west of Hillcrest Avenue and Hillcrest Avenue between West Street and Woodland Street. This location includes the replacement of watermain along Ellis Street. Location two includes Kentucky Avenue, Indiana Avenue and Illinois Avenue. Location three includes Oklahoma Drive and Delaware Avenue between North Dakota Avenue and Ontario Street. The work to be completed by the Consultant under this agreement shall encompass and include detail work, services, materials, equipment and supplies necessary to perform project management and administration; topographic survey; evaluation of sanitary and storm sewer, water main design, roadway design; traffic staging design; storm sewer design; ADA sidewalk design; public informational meetings; temporary easement exhibits; final contract documents and bid phase services. It is assumed this project will be funded with local funds. The specific services to be provided are described in the following pages. I. BACKGROUND The Consultant Team will provide the following services: HR Green, Inc. (Consultant) · Project Management and Administration · Project Design · Plan Preparation · Permitting Applications · Bid Phase Services Clappsaddle-Garber Associates, Inc. (CGA) · Topographic Survey and Basemapping Design Criteria/Assumptions: · Iowa SUDAS design standards and specifications and the City of Ames’s supplemental design requirements will be used for this project. II. DETAILED WORK TASKS Task A – Project Management and Administration The work tasks to be performed under Project Management and Administration shall consist of the following: A.1 Project Management The project manager for the Consultant will be responsible for general coordination with the Client regarding project activities, meetings, invoicing, and deliverables. This task includes interoffice administration and coordination of the project including periodic interoffice meetings, which will be attended by the project manager and task managers, as well as general day-to-day administrative tasks. · Prepare meeting minutes and action items. · Track progress; monitor and maintain monthly project schedules. · Distribution of plans and coordination of responses. · Notifications as needed. 16 HR Green, Inc. Project No. 2502839 2025/26 Asphalt Street Pavement Improvements Ames, Iowa A2 · Billing - monthly status reports / billing should include earned value calculations showing percent spent, percent completed, and scheduled percent completed. A.2 Development of Project Instructions, Schedule, and Detailed Work Plan Prepare written instructions for project staff. Provide background, names of contacts, communications procedures, responsibilities, schedule and budget information, and other important elements for the project. Establish a graphic project schedule indicating critical dates, milestones, and deliverables. Prepare a detailed work plan with specific staff assignments, by task, corresponding to the schedule. A.3 Coordination with Project Stakeholders Maintain communications with the City of Ames staff. Meet with the Stakeholders to review progress, discuss specific elements of the project, promote communication between the various entities, and expedite the project development process. Prepare minutes of meetings and prepare action items and keep documentation of other communications. · One (1) kickoff meeting/field exam with City, reviewing the project to determine exact scope of the project. Includes reviewing existing sanitary and storm sewer structures to determine which components require repair or replacement. It is assumed two (2) staff members of the Consultant will participate in the field exam. · Two (2) design meetings with the Client’s staff are anticipated in this scope of services. It is assumed two (2) staff members of the Consultant will participate in the meetings. The following Design Meetings are included: o Preliminary Design (60%) o Final Design – Check Plan (90%) · Other meetings are described under the specific work tasks. A.4 Quality Control Plan Establish review and checking procedures for the project deliverables. Designate responsibility for implementation of the plan. A.5 Utility Coordination The Consultant will coordinate with private utilities for known relocations for the project. Consultant will identify known conflicts and provide information to utilities to have the utilities provide a relocation plan and schedule. · The Consultant will coordinate with utility companies to advise the utility companies of the nature and extent of the proposed improvements and potential conflicts, including attendance at a joint utility coordination meeting. · Plans will be distributed to utility companies following the Preliminary, Check, and Final Plan submittals. Task B – Public Involvement B.1 Public Information Meetings Includes three (3) meetings involving two (2) representatives of Consultant following submittal of Preliminary Plans. Consultant will provide two (2) sets of plotted exhibits for each public information meeting as well as deliver a prepared presentation to meeting attendees. City will determine affected residents and businesses requiring notification by mailed letter, prepare, and mail meeting notification letters to affected property owners, and organized meeting location. Consultant will document discussions and comments received by affected property owners to consider in development of final design. Refinement of exhibits following the meetings is not included in this Scope of Services. 17 HR Green, Inc. Project No. 2502839 2025/26 Asphalt Street Pavement Improvements Ames, Iowa A3 B.2 Property Owner Coordination Includes up to twenty (20) occurrences of an estimated one (1) hour duration each where Consultant will assist City with outreach and developing responses to affected, adjacent property owner inquiries and concerns though project development. Scheduled, individual property owner meetings are not included in this Scope of Services. Task C – Topographic Survey and Base Mapping The topographic survey will be completed by Clapsaddle-Garber Associates, Inc. Services will include: C.1 Topographic Survey Topographic Survey will be completed for the project. Control survey to establish horizontal and vertical control required for the project, utility survey, and digital terrain model to be included. · Proposed right-of-way is not anticipated for the design and construction of the project. Proposed temporary easement for the purposes of construction is anticipated on the adjacent properties throughout the project corridor. Existing right-of-way survey is not included in this Scope of Services. The Consultant will prepare a CAD file with property lines and right-of-way lines based on publicly available GIS mapping. Property ownership information will be obtained from Story County public records and added to the CAD file for the purposes of plan preparation. · Right-of-entry will be acquired by the Client for any properties adjacent to the project corridor necessary. · State-Plane Coordinates (NAD83/Iowa North) and Sea-Level Elevations (NAVD88) will be used. C.2 Base Mapping, CAD Setup, Structure Investigations and Pickup Survey The Consultant will perform additional CAD processing and base mapping, storm and sanitary structure investigations and pickup survey as required. Task D – Preliminary Design – 60% Plan Preparation The Consultant will perform preliminary design services including the preparation of preliminary design plans. Plan preparation shall conform to SUDAS procedures. Preliminary plans will be submitted to the Client, and include: D.1 Title Sheet (A sheet) The title sheet will include the following: Index of Sheets, Legend, Location Map, Project Number, Letting Date and Design Designation. D.2 Typical Sections and Details (B sheets) Typical sections for each roadway segment and other various details as needed. D.3 Estimate of Quantities (C Sheets) Determine bid items to be included in the project and approximate quantities. Detailed quantity tabulations will not be developed for the preliminary plans. Tabulations to be provided with check plans. D.4 Plan & Profiles (D Sheets) Plan and profiles for proposed roadway improvements. Includes base mapping, proposed roadway alignments, proposed drainage structures, existing right-of-way/easements, pavement markings and traffic signing, drive entrances, side road intersections, intersecting angles and station equation between mainline and side road reference line will also be shown, if necessary. D.5 Reference Ties & Benchmarks (G Sheets) 18 HR Green, Inc. Project No. 2502839 2025/26 Asphalt Street Pavement Improvements Ames, Iowa A4 Plan showing reference ties (including control points) and benchmarks used to develop the project design and to be preserved throughout construction of the project. D.6 Right-of-Way and Easements (H Sheets) This task consists of the development of right-of-way and easement plan sheets. The preliminary right of-way needs for the roadway including temporary easements for construction purposes. Right of-way features such as existing and proposed right of-way, access rights, property ownerships and parcel information shall be plotted on the right of-way plans. D.7 Staging and Traffic Control (J sheets) Develop a preliminary traffic control and detour plan to indicate how traffic will be maintained during construction. The traffic control devices, procedures, and layouts shall be as per the current Manual on Uniform Traffic Control Devices (MUTCD). D.8 Storm and Sanitary Design (M and MSA sheets) This task will develop storm sewer and sanitary sewer improvements. The design criteria will be based on SUDAS and the Iowa Stormwater Management Manual. Associated tasks include: · Televising Video Review · Design storm sewer and sanitary sewer structure and pipe replacements (Spot repairs) D.9 Water Main Design (MWM sheets) This task consists of design and drafting of preliminary plan and profile drawings for water main. This task will consist of the design and detailing for the construction of water main replacement along Ellis Street. D.10 Sidewalk Plans and ADA Compliance Plans (S sheets) Per ADA requirements, develop preliminary curb ramp plans for street intersections. The sidewalk compliance calculations may not be fully presented as part of the preliminary design. Only curb ramps within project limits that do not meet ADA compliance will be re-designed. No additional curb ramps are expected to be designed for mid-block or intersection crossings that do not already exist. Existing sidewalks will remain and not be replaced, except in locations required for other project work and to meet ADA compliance. D.11 Detailed Cross Sections (W sheets) Develop detailed cross sections to illustrate typical conditions, drainage designs, and non-typical conditions as needed for guidance during design, review, and quantity estimating purposes. D.12 Temporary Easement Exhibits Develop exhibits for temporary easement agreements. Exhibits will be provided to City to acquire from property owners. Permanent right-of-way acquisitions and permanent easements are not anticipated. Only temporary construction easement exhibits are currently included in the scope of services. D.13 Preliminary Opinion of Probable Cost Prepare a preliminary Opinion of Probable Construction Cost. Preliminary construction cost opinions shall be based on preliminary estimated quantities for major construction items. Detailed quantity takeoffs will not be developed for the preliminary construction cost opinion. Other construction items such as signing, traffic control, mobilization, etc. will be estimated based on historical percentages of total construction costs. Construction cost opinions will be submitted with the Preliminary Plans. D.14 Quality Check Involve ongoing quality control input from the Client and the Consultant’s senior technical staff throughout the 19 HR Green, Inc. Project No. 2502839 2025/26 Asphalt Street Pavement Improvements Ames, Iowa A5 development of preliminary plans and documents. The Consultant is responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to submittal of the preliminary plan set. The Consultant’s senior staff will also review the preliminary engineering plan set for technical accuracy, as well as for general constructability and conformance with the project design criteria. D.15 Field Exam Consists of the preparation of materials for a field exam, participation in the field exam and reviewing results of the field exam with the Client. For budget purposes, it is assumed that two (2) staff members of the Consultant will attend the Field Exam. Task E - Final Design – Check and Final Plan Preparation Following the completion of preliminary design and plan preparation the Consultant shall subsequently proceed with final design, contract drawings, special provisions, and opinion of costs for the proposed improvements. Final documents will be of sufficient detail to allow for construction with oversight and include: E.1 Title Sheet (A sheet) This item consists of finalizing the title sheet. The title sheet will include the following: Index of Sheets, Legend, Location Map, Project Number, Letting Date and Design Designation. E.2 Typical Sections and Details (B sheets) This item consists of final design and drafting of typical cross sections and typical details to be utilized for the improvements. E.3 Estimate of Quantities (C Sheets) This item consists of final bid items to be included in the Project as well as final quantity tabulations and the development of the general notes and estimate reference information. This item also includes the final tabulation of various elements to be provided on the Project. E.4 Plan & Profiles (D Sheets) This item consists of the final design and drafting of roadway plan sheets, including the detailed information required for plan approvals, and construction of the proposed improvements. E.5 Site Grading and SWPPP (F sheets) This item consists of the final design of the grading and erosion control plans required for plan approvals and construction of the proposed improvements. E.6 Reference Ties & Benchmarks (G Sheets) This item consists of final design and drafting of the reference ties and benchmarks. E.7 Right-of-Way and Easements (H Sheets) This item consists of final design and drafting of the right of way and easements existing and proposed. E.8 Staging and Traffic Control (J sheets) This item consists of final design and drafting of the construction staging and traffic control plans. E.9 Geometric Staking and Jointing (L sheets) This item consists of final design and drafting of the geometric staking and jointing plans. E.10 Storm and Sanitary Design (M and MSA sheets) 20 HR Green, Inc. Project No. 2502839 2025/26 Asphalt Street Pavement Improvements Ames, Iowa A6 This item consists of final design and drafting of the storm sewer and sanitary sewer plans. E.11 Water Main Design (MWM sheets) This item consists of final design and drafting of the water main plans. E.12 Sidewalk Plans and ADA Compliance Plans (S sheets) This item consists of final design and drafting of the sidewalk plans. E.13 Detailed Cross Sections (W sheets) This item consists of final design and drafting of the cross sections. E.14 Final Opinion of Probable Cost Prepare a Final Opinion of Probable Construction Cost. The Opinion of Probable Construction Cost is intended for the use of the Client in Financing the Project. The cost opinion will be submitted with the Final Plans. E.15 Quality Check Involve ongoing quality control input from the Client and the Consultant’s senior technical staff throughout the development of final plans and documents. The Consultant is responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to submittal of the final plan set. The Consultant’s senior staff will also review the final engineering plan set for technical accuracy, as well as for general constructability and conformance with the project design criteria. E.16 Field Exam Consists of the preparation of materials for a field exam, participation in the field exam and reviewing results of the field exam with the Client. For budget purposes, it is assumed that two (2) staff members of the Consultant will attend the Field Exam. E.17 Permits The Consultant will participate in consultations with authorities having jurisdiction to approve the design of the Project and assist in preparation of required permits. It is anticipated that the following will be applied for: • Iowa DNR – Water Supply Construction Permit • Iowa DNR – Wastewater Construction Permit (If needed) • Iowa DNR – NPDES Permit Any fees for construction permits, licenses or other costs associated with permits and approvals shall be the responsibility of the Client. The Consultant shall provide technical criteria, written descriptions, and design data for the Client’s use in filing applications for permits. The Consultant shall prepare the permit applications. Task F – Bid Phase Services The work tasks to be performed under Bid Phase Services shall consist of the following: F.1 Plan Clarification and Addenda Answer questions from contractors prior to letting and issue addenda as appropriate to interpret, clarify or expand the bidding documents. F.2 Pre-construction Meeting The Consultant will attend two (2) pre-construction meetings in Ames, IA after award of construction contract. It is assumed two (2) staff members of the Consultant will participate in the meetings. 21 HR Green, Inc. Project No. 2502839 2025/26 Asphalt Street Pavement Improvements Ames, Iowa A7 III. PROJECT SCHEDULE After given the Notice to Proceed (NTP), the Consultant shall complete the following phases of the Project in accordance with the schedule shown: Notice to Proceed 10/15/2025 Survey and Mapping Twelve (12) weeks from NTP Project Kickoff/Field Review with Client Late October/Early November Preliminary Design – Preliminary Plans to Client Twelve (12) weeks from NTP Client Review Period Fourteen (14) weeks from NTP Public Info Meetings January/February 2026 Final Design – Check Plans to Client Eighteen (18) weeks from NTP Client Review Period Twenty (20) weeks from NTP Final Design – Final Plans to Client Twenty-four (24) weeks from NTP Bid Phase Services Bid Letting April 22, 2026 (Tentative) Council Report of Bids/Award April 28, 2026 (Tentative) The schedule assumes timely review of submittals by the Client. The completion of the project is subject to the review and approval process of agencies beyond the control of the Consultant. The completion of the project is also subject to influence from the public and political processes. Therefore, completion of the project may occur earlier or later than the schedule shown herein. The Consultant will perform these services with reasonable diligence and expediency consistent with sound professional practices. IV. ADDITIONAL SERVICES Additional Services are not included in this Agreement. If authorized under a separate Supplemental Agreement, the Consultant shall furnish or obtain from others the following services: · Construction Administration/Observation. · Funding Procurement Services (e.g. Special Assessment Schedules and Services). · Supplemental engineering work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this agreement. · Environmental and Cultural Resource Services. · Hazardous Materials Investigations and Testing. · Soil Management/Mitigation Plans. · Real Estate Services (e.g. title searches, appraisals, appraisal reviews, negotiations, acquisitions and closings). · Permanent right-of-way acquisitions and permanent easement exhibits and documents. · Eminent Domain/Condemnation Services. · Private Utility Relocation Design and Plan Preparation. · Packaging of the Project into contracts and bid lettings/negotiations in number greater than one single contract. · Assistance in legal and regulatory actions. · Costs associated with project delays/scope changes outside the control of the Consultant. · Construction Survey. · Verification Testing Services. 22 HR Green, Inc. Project No. 2502839 2025/26 Asphalt Street Pavement Improvements Ames, Iowa A8 V. CLIENT RESPONSIBILITIES The Client/Client shall furnish or obtain from others the following services: · Designate a person to act as the Owner’s representative with respect to the services to be rendered under this agreement. Such person shall have authority to transmit instructions, receive information, interpret and define Owner’s policies and decisions with respect to Consultant’s services for the Project. · Assist Consultant by placing at Consultant’s disposal all available information pertinent to the Project including previous reports, plans, specifications, shop drawings, test results; also other data relative to design or construction of the Project. · Arrange for access to and make all provisions for the Consultant to enter upon public and private property as required for the Consultant to perform services under this agreement. · Examine all sketches, drawings, specifications, and other documents presented by the Consultant; obtain advice of an attorney, insurance counselor and other consultants as Owner deems appropriate for such examination and render in writing decisions pertaining thereto. · Coordinate the appropriate resolutions, public hearings, and notices of intent. · Participate in project design reviews and provide written comments within two (2) weeks. · Provide available record drawings and other information on existing roadways, and utilities. · Provide aerial photography, electronic files and control data. · Provide legal, accounting and insurance counseling services as necessary for the project. · Obtain real estate services for the acquisition of easements as needed for the project. · Coordinate/obtain appropriate location/facility for Public Meetings and provide public notices. · Pay all permit fees or other required fees to third parties associated with project. 23