HomeMy WebLinkAboutA001 - Council Action Form dated January 13, 2026ITEM #:16
DATE:01-13-26
DEPT:PW
SUBJECT:PROFESSIONAL SERVICES AGREEMENT FOR STORM SEWER SYSTEM
ANALYSIS
Firm Score (100 max)Fee Rank
HDR 90.2 $490,370.00 1
Strand 88.5 $527,540.00 2
Shive-Hattery 87.6 $540,000.00 3
COUNCIL ACTION FORM
BACKGROUND:
The City of Ames Capital Improvement Plan (CIP) includes an annual Storm Sewer System
Analysis program to guide long-term stormwater investments and reduce localized flooding
throughout the city. The CIP allocated funding for this effort for four years beginning in FY
2017/18 and ending in FY 2020/21 from the Storm Water Utility Fund, with the intent of
completing a data-driven analysis to identify deficiencies in the existing stormwater system
and to inform future capital improvement priorities.
In order to further refine the scope of the study, staff worked to identify key study areas within
the community prior to engaging a consultant. This included gathering baseline information,
seeking public input, and coordinating with peer cities that have completed similar stormwater
system analyses.
To date, staff has expended approximately $82,095 on the collection of field data for existing
stormwater infrastructure, and public engagement activities, including conversations and
surveys with residents. This data was used to update and refine the City’s GIS stormwater
data to improve accuracy and reduce the amount of field data collection required by the
selected consultant.
Based on public input and staff analysis, six primary study areas (see attached map)
were identified where stormwater deficiencies and localized flooding concerns are most
prevalent. Focusing on these areas allows the City to complete a meaningful analysis
within the available budget while establishing a framework that can be expanded in the
future.
Staff issued a Request for Proposals (RFP) for professional engineering services to complete
the Storm Sewer System Analysis on October 17, 2025. Ten firms submitted proposals on
December 1, 2025. A selection committee evaluated each proposal based on the
qualifications and criteria outlined in the RFP. The evaluation considered the firms’ technical
approach, relevant experience, understanding of the project, ability to meet the City’s needs,
and overall value.
The evaluation scores are as follows:
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MSA 87.2 $556,314.50 4
Bolton & Menk 85.1 $599,820.00 5
AECOM 84.5 $464,100.00 6
Stanley 84.2 $523,900.00 7
Snyder 83.8 $596,800.00 8
Kirkham Michael 80.1 $570,000.00 9
RDG 77.9 $545,868.00 10
HDR Engineering, Inc. of Omaha, Nebraska received the highest overall score and was
ranked first among the responding firms. HDR’s proposal demonstrates a strong
understanding of Ames’ stormwater system and proposes a comprehensive approach that
includes field data evaluation, hydrologic and hydraulic modeling, system deficiency analysis,
and development of a prioritized list of stormwater improvement projects for inclusion in future
Capital Improvement Plans. The proposed scope builds upon the City’s prior data collection
efforts and focuses on the six identified study areas to efficiently use available funding.
A summary of revenue and projected expenses for the project is shown below:
Description Revenue Expenses (estimated)
Storm Water Utility Fund $720,000
Data Collection (to date) $ 82,095
Administration (estimated) 50,000
Engineering (this Council action) 490,370
TOTAL $720,000 622,465
Remaining revenue will be prioritized for future study areas.
ALTERNATIVES:
1. Approve the professional services agreement with HDR Engineering, Inc. of Omaha,
Nebraska for the Storm Sewer System Analysis in the amount not to exceed $490,370.
2. Do not approve the agreement and direct staff to delay or modify the scope of the Storm
Sewer System Analysis.
3. Direct staff to reissue the RFP or revise the project approach.
CITY MANAGER'S RECOMMENDED ACTION:
Based on staff's evaluation using the above criteria, HDR Engineering, Inc. will provide
the best value to the City for professional services for the Storm Sewer System
Analysis. Approval of this agreement will allow the City to examine stormwater
deficiencies within the identified study areas and to develop a prioritized, data-driven
framework for future stormwater capital improvement projects aimed at reducing
localized flooding and improving system reliability. Therefore, it is the recommendation of
the City Manager that the City Council adopt Alternative No. 1, as noted above.
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ATTACHMENT(S):
Exhibit_A_Scope_Schedule_Fee.pdf
Exhibit_B_TERMS_AND_CONDITIONS.pdf
Storm_Sewer_System_Analysis_Ames_HDR_Agreement_Ver_25_1216a.pdf
Storm Sewer Analysis Map.pdf
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A achment A – Scope of Services, Schedule, Fee | Storm Sewer System Analysis
(Version: December 16, 2025)
The Scope of Services to be performed by the Consultant shall include the Services and supplies to
complete the following tasks:
I. SCOPE OUTLINE
A. TASK SERIES 100 – Project Management
B. TASK SERIES 200 – Exis ng Data Collec on & Review
C. TASK SERIES 300 – Asset Management Framework & System Characteriza on
D. TASK SERIES 400 – Field Inves ga ons
E. TASK SERIES 500 – Hydraulic Modeling & Improvement Projects Defini on
F. TASK SERIES 600 – Improvement Projects Priori za on & CIP Development
G. TASK SERIES 700 – System Opera ons and Maintenance Plan
H. TASK SERIES 800 – Dra and Final Report
II. OBJECTIVE
This Scope of Services is for the Consultant to engage with engineering services in support of
development of the City’s Storm Sewer System Analysis.
III. KEY ASSUMPTIONS
The following are understood or assumed
A. Plat surveys and / or geotechnical explora on will not be required. City GIS plat mapping will
be u lized in lieu of plat surveys.
B. Wetlands, archeological, historical, or cultural resources inves ga ons and reports will not
be required.
C. Digital files of all final deliverables will be submi ed to the City. Dra deliverables for review
will be submi ed to the City as digital files.
D. Available exis ng mapping, photography, and topography will be used to develop the plan.
Purchase of this type of informa on or any GIS data will not be required.
E. Hydraulic modeling analysis ac vi es will be conducted to evaluate system performance,
iden fy system deficiencies, and develop alterna ves as part of the City’s stormwater master
plan development. This modeling does not include floodplain/floodway delinea on, revision
of any FEMA or USACE permi ng coordina on.
F. Evalua on of alterna ve performance will be completed based on exis ng available LiDAR
and supplemental survey data gathered and will be developed conceptually. Finished floor
eleva ons of individual structures will not be surveyed as part of this study.
G. This scope of work does not include any tasks that are part of the FEMA map revision
process.
H. This scope of work does not include stormwater pump sta on sizing or stormwater pump
sta on capacity recommenda ons based on the effect of poten al projects in the basin.
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I. No detailed modeling will be done for the South Skunk River or Ioway Creek. Tailwater
condi ons will be assumed where necessary and modeling effort will focus on City storm
sewers upstream of the two major streams.
IV. SCOPE OF SERVICE DETAILS
Consultant will assist City with Project implementa on by conduc ng the following tasks:
A. TASK SERIES 100 – PROJECT MANAGEMENT
i. Objec ve: Provide Project Management ac vi es over the Project dura on including
planning, organizing, and monitoring Project team ac vi es, preparing and monitoring
report produc on standards, a ending mee ngs, budget management, and liaison
with City.
ii. Engineer Ac vi es:
1. Team Management and Project Control
a. Budget and invoice management.
b. Resource scheduling, management, and alloca on based on Project schedules
and ac vi es.
c. Project coordina on.
d. Monthly progress reports submi ed to City with each invoice.
e. Project closeout.
2. Project Management Plan
Develop guidance document (Project Management Plan) for Consultant project
team documen ng Project ac vi es, constraints, guidelines, budgets, and
procedures.
3. Quality Control
a. Facilitate team mee ngs on a regular basis to facilitate communica on flow
and project development.
b. Conduct a Project Approach & Resource Review with senior technical leaders.
At project ini a on Engineer will conduct a project review to discuss technical
approach, team resources, status of schedule and deliverables, and project
management approach.
c. Facilitate independent quality control reviews for project deliverables.
iii. Assump ons:
1. Project dura on of 10 months.
2. Project status mee ngs will be conducted in person.
iv. Deliverables
1. Monthly invoices and progress reports.
2. Ac on items log for project status mee ngs.
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B. TASK SERIES 200 – EXISITNG DATA COLLECTION AND REVIEW
i. Objec ve: Gather and review exis ng system data to support modeling.
ii. Engineer Ac vi es:
1. Task 210 – Project Kick-off Mee ng | Workshop 200-1
a. Ini al Project workshop to affirm the goals for the project and begin the
informa onal gathering process.
b. Model So ware Selec on. Project workshop (200-1) to review poten al
modeling so ware and iden fy the most suitable for the City’s needs.
2. Task 220 – Gather Exis ng Informa on.
a. Gather and Review Exis ng Data. GIS data, exis ng drawings, previous
studies, and reports etc.
b. Develop and maintain Project RFI log.
c. Interview City staff to assist in the iden fica on of problem areas.
Coincidental with WS 200-1.
iii. Assump ons:
1. Mee ngs:
a. Workshop 200-1 | Project Kick-off Mee ng.
2. City provides exis ng informa on mely in support of the project schedule.
iv. Deliverables:
1. RFI Log
2. Summary content for use in the Task 800 Report (basis of model build).
C. TASK SERIES 300 – ASSET MANAGEMENT FRAMEWORK & SYSTEM CHARACTERIZATION
i. Objec ve: Establish framework for managing stormwater assets.
ii. Engineer Ac vi es:
1. Lead/conduct up to 3 workshops with City Engineering and Opera ons staff to
understand system features, condi ons, and issues.
a. Workshop 300-1
b. Workshop 300-2
c. Workshop 300-3
2. Establish framework goals of managing the system.
3. Establish parameters of work order system.
4. Recommend commercial products/tools/systems or in-house development by
City GIS staff.
iii. Assump ons:
1. Mee ngs:
a. 300-1 Workshop
b. 300-2 Workshop
c. 300-2 Workshop
2. City representa ves from Engineer and Public Works a end/par cipate.
iv. Deliverables:
1. Workshop Agenda and Summary.
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2. Relevant Task 300 Content for use in the Task 800 Report.
D. TASK 400 – FIELD INVESTIGATIONS
i. Objec ve: Collect accurate data for cri cal system components.
ii. Engineer Ac vi es:
1. Conduct a Field Inves ga on Planning mee ng with the City.
2. Field Review/Inspec on of up to 368 system structures.
3. Data Management and Review. Engineer will organize the collected data for
input and updates of the City GIS by City staff.
iii. Assump ons:
1. Mee ngs:
a. 400-1 Field Inves ga on Planning Mee ng.
2. The 6 project priority areas account for approximately 60% of the City’s system.
City staff have es mated approximately 5% of system structures will have missing
or inaccurate data. Consequently, field inves ga on of up to 368 system
structures has been included.
iv. Deliverables:
1. Field Inves ga on Summary and photos.
E. TASK SERIES 500 – HYDRAULC MODELING & IMPROVEMENT PROJECTS DEFINITION
i. Objec ve: The objec ve of this task is to prepare a stormwater runoff, deten on, and
conveyance evalua on of the six watersheds iden fied within Ames, Iowa. These
watersheds are urbanized tributaries to the South Skunk River and Ioway Creek. Areas
within these watersheds have experienced flooding in numerous areas from intense
local precipita on. The objec ve of this project is to evaluate the current stormwater
system condi ons u lizing a hydraulic model, iden fy poten al project concepts and
prepare conceptual alterna ves (with cost evalua ons) to improve stormwater
management and reduce flood risk within the City. Watershed modeling will be
completed to analyze the exis ng and future level of service of the City’s stormwater
management infrastructure and evaluate alterna ves to improve stormwater
deten on and conveyance capacity and reduce flood damage risks.
ii. Engineer Ac vi es:
1. Task 510 – Exis ng Condi on Hydraulic Modeling.
a. Model development – rain on grid model.
i. Iden fy and digi ze open channels (drainageways) if needed
ii. Develop 1D flow network consis ng of storm sewers, open channels, and
deten on facili es. Models will include the known streams and major
open channels, deten on facili es, and piping networks to include local
storm sewer pipes (generally 15-inch diameter and larger) based on
available and collected data. Streams, open channels, and deten ons
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basins will be represented based on the best readily available data, which
may include LiDAR and as-built drawings provided by the City.
iii. Pipe diameters, invert eleva ons, and pipe materials may be inferred based
upon adjacent pipe sec ons and terrain data. Document where inferred or
simplifying assump ons are made within the model.
iv. Develop a 2D flow domain to model overland flow. Mesh density will be
adequate for approxima ng overland conveyance and large-scale hydraulic
controls.
v. The model will u lize a “grouped inlet” approach, in which the aggregate
runoff to several catch basins will load the 1D stormwater conveyance
network at a single loca on. When the conveyance capacity is exceeded,
surcharge flow will be conveyed on the 2D surface.
b. Model Execu on
i. The model will be run with the developed, 5- and 10-, 25-, 50- , and 100-
year NRCS Midwest storm event type III rainfall distribu ons. The NOAA
Atlas 14 rainfall depths will be used in the rainfall distribu on. Results will
be analyzed and further adjustments will be made to address model
irregulari es that commonly occur during model development.
c. Model Valida on
i. Use the model to evaluate a historic rainfall event, which had 6-inches of
rainfall over 1-hour.
ii. Compare model results to damage reports and anecdotal data from the
rainfall event. Model results will be compared to city observa ons where
present. No addi onal radar rainfall reconstruc on will be completed for
model valida on.
iii. Evaluate model results. Adjust model parameters to obtain a reasonable fit
to the city-collected data.
d. Iden fy deficiencies
i. Iden fy areas where exis ng storm sewer infrastructure is as follows:
ii. Insufficient for exis ng or future surface runoff demand. Level of service
needs to be determined with City Staff at Kickoff.
e. Modeling Results Mee ng (500-1)
i. Schedule and conduct a Modeling Results mee ng with the City to present
ini al findings of the modeling effort. Modeling related decisions and
assump ons will be summarized.
ii. Prepare mee ng agenda, content and summary.
f. Develop Concept Plan for Project Improvements
i. Develop and model stormwater management improvement projects to
mi gate the iden fied deficiencies. These may include enlarged and/or
addi onal deten on facili es, new box culvert sec ons with increased
capacity, including green infrastructure and low-impact development
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improvement projects as iden fied within the informa onal gathering
phase.
g. Modeling Results Mee ng – Alterna ves (500-2)
i. Schedule and conduct a Modeling Results Alterna ves mee ng to discuss
preliminary concept plan alterna ves for stormwater projects. Modeling
related decisions and assump ons will be summarized.
ii. Prepare mee ng agenda, content and summary.
h. Refine Improvements Alterna ves
i. Refine the project concepts discussed at the Modeling Results workshop.
Develop a concept-level plan for each project.
i. Develop cost es mates for projects iden fied.
iii. Assump ons:
1. Mee ngs:
a. Workshop 500-1.
b. Workshop 500-2.
2. City to provide access to GIS, drawings, studies and other needed data sources.
3. City to provide access to staff that have knowledge of exis ng storm sewer data.
4. Stormwater Basin Plans will be conceptual, planning level for the purposes of
assessing exis ng system performance and iden fying capital needs and
associated costs.
5. Model inputs and results will be GIS based. No CAD files will be developed or
provided.
6. The City will provide exis ng informa on regarding infrastructure, land use, and
topography. This includes any flood damage reports.
7. Planning level es mates will not include extensive bid item lists but will rather
provide a breakdown of major items required for the respec ve project.
8. Typical design, engineering, con ngency, and infla on factors will be included
with projects costs to provide project budget costs for City use.
9. Cost es ma ng will be completed for up to 24 iden fied improvement projects.
10. Assign budget level cost es mates based on similar previous projects and SUDAS
work item tabula ons.
11. Final hydraulic modeling files will be provided to the City.
12. The hydraulic model will be developed based on the City’s GIS database and
supplemented with survey and as-built data where available. A shapefile
documen ng source data will be delivered to the client. This effort will not verify
all model inputs (pipe diameters, inverts, and alignments). It is assumed that the
data provided is adequate for performing planning-level hydraulic modeling
analysis.
iv. Deliverables:
1. Summary content developed for use in the Task 800 Report. Model defined,
output summary tables and maps, etc.
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2. Mee ng/Workshop Agenda, Content, and Summary.
3. Dra and final model results (digital files).
4. Final model data (digital files).
F. TASK SERIES 600 – IMPROVEMENT PROJECTS PRIORITIZATION & CIP DEVLOPMENT
i. Objec ve: The objec ve of this task is to provide a priori zed list of iden fied Capital
Improvement Plan projects.
ii. Engineer Ac vi es:
1. Improvement Alterna ves Priori za on
a. Following the development of the improvement projects and cost es ma ng
for the field data gathered (storm pipe condi on) and the modeling results
(storm pipe capacity deficiencies), develop a framework to be used to
priori ze recommended projects.
i. A scoring system will be developed for project priori za on
ii. Scoring system may include factors like flood risk, water quality,
maintenance cost impacts, and current level of service.
b. The project scores will be grouped into three ers as described below:
i. Tier 1- Cri cal, urgent projects that are the main features in the watershed
stormwater management improvement plan
ii. Tier 2- Projects that address local, known stormwater management
deficiencies that can be designed to func on with Tier 1 projects.
iii. Tier 3- Less-urgent projects that address local deficiencies or provide
enhancements to stormwater management in the watershed.
2. Develop and submit a list of iden fied Capital Improvement Plan projects with the
following informa on:
i. Ranked based on project priori za on.
ii. Total expected design and construc on costs.
iii. Benefits of the project (flood risk, water quality, lower maintenance burden
or cost, etc.), including long-term expecta ons.
iv. Poten al outside funding sources (if applicable).
3. CIP Development Mee ng (600-1)
a. Schedule and conduct a CIP development mee ng to discuss dra CIP with
priori zed projects.
iii. Assump ons:
1. Mee ngs:
a. Workshop 600-1.
2. City par cipa on in Task mee ng.
iv. Deliverables:
1. Priori zed CIP list with costs and benefits.
2. Summary content developed for use in the Task 800 Report.
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G. TASK SERIES 700 – SYSTEM OPERATION AND MAINTENANCE PLAN
i. Objec ve: The objec ve of this task is to provide an ac onable Storm Sewer System
Opera on and Maintenance Plan for the City to u lize.
ii. Engineer Ac vi es:
1. Conduct workshop (700-1) with Opera ons staff to understand current inspec on
and maintenance protocols and prac ces.
2. Review the workshop input and establish best management prac ces and
solu ons.
iii. Assump ons:
1. Mee ngs:
a. Workshop 700-1.
2. City to provide relevant exis ng City informa on and O&M history.
3. The O&M Plan developed will include a matrix tool to iden fy poten al O&M
impacts.
iv. Deliverables:
a. Dra and final O&M Plan.
b. Workshop agenda, content and summary.
c. Summary content developed for use in the Task 800 Report.
H. TASK SERIES 800 – DRAFT AND FINAL REPORT
i. Objec ve: The objec ve of this task is to provide a capstone Technical Memorandum
(TM) documen ng the outcome of the above tasks and providing the City with an
implementable Master Plan for stormwater system improvements.
ii. Engineer Ac vi es:
1. Prepare, internally QC review, and submit to City the dra Master Plan TM for
City review.
2. Lead Workshop 800-1 which will allow discussion and resolu on of City review
comments to the dra Master Plan TM.
3. Prepare and submit to City the final Master Plan TM.
iii. Assump ons:
1. Mee ngs:
a. Workshop 800-1.
2. Content for the Master Plan TM will have been developed within each respec ve
prior task.
3. City will review the dra Report and provide review comments in a mely
manner.
4. Ini al an cipated Master Plan TM Table of Contents:
a. Execu ve Summary
b. Current Stormwater Program (prior studies, known problem areas, O&M, CIP)
c. Exis ng System Condi on Assessment (hydraulic model development,
deficiencies)
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d. Capital Improvements Plan
e. Proposed Opera ons and Maintenance Plan
iv. Deliverables:
a. Dra Master Plan TM.
b. Final Master Plan TM.
c. Workshop agenda, content and summary.
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Period of Service | Project Milestone Schedule:
01/13/26 Contract Award | No ce To Proceed Received (January 13, 2026 Council Mee ng)
02/13/26 Task 200 Project Kick-off Mee ng | Workshop No. 1
03/25/26 Task 200 Exis ng Data Collec on & Review Complete
04/24/26 Task 300 Asset Management Framework & System Characteriza on Complete
05/08/26 Task 400 Field Inves ga ons Complete
05/29/26 Task 500 Hydraulic Modeling Complete
06/26/26 Task 500 Improvement Projects Defini on Complete
07/24/26 Task 600 Improvement Projects Priori za on & CIP Development Complete
07/24/26 Task 700 Opera ons and Maintenance Plan Complete
08/21/26 Task 800 Submi al of Dra System Analysis Report
09/04/26 Task 800 Dra Report Review Workshop
10/15/26 Task 800 Submi al of Final System Analysis Report
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Compensa on | Billing Rate Schedule:
Fee Summary:
Billing Rate Schedule:
TOTAL FEE
Est. Hours Est. Fee
100 PROJECT MANAGEMENT 208 44,470$
200 EXISTING DATA COLLECTION & REVIEW 260 43,021$
300 ASSET MANAGEMENT FRAWEWORK & SYSTEM CHARACTERIZATION 224 44,801$
400 FIELD INVESTIGATIONS 296 45,760$
500 HYDRAULIC MODELING & IMPROVEMENT PROJECTS DEFINITION 1308 203,260$
600 IMPROVEMENT PROJECTS PRIORITIZATION & CIP DEVELOPMENT 228 41,152$
700 OPERATION & MAINTENANCE PLAN 112 22,171$
800 DRAFT AND FINAL REPORT 252 45,735$
TOTAL FEE 2,888 490,370$
Resource Type 2026 Bill Rate
Project Principal 300
Project Manager 3 275
Project Manager 2 225
Project Manager 1 175
Engineer 1 100
Engineer 2 125
Engineer 3 150
Engineer 4 175
Engineer 5 200
Engineer 6 225
Engineer 7 250
Engineer 8 275
Engineer 9 300
Engineer 10 325
CAD/BIM/GIS 1 90
CAD/BIM/GIS 2 110
CAD/BIM/GIS 3 130
CAD/BIM/GIS 4 150
CAD/BIM/GIS 5 170
CAD/BIM/GIS 6 190
Project Assistant 1 90
Project Assistant 2 110
Project Accountant 1 140
Project Accountant 2 170
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1 (5/2023)
HDR Engineering, Inc. Terms and Conditions
for Professional Services
1. STANDARD OF PERFORMANCE
The standard of care for all professional engineering, consulting and
related services performed or furnished by ENGINEER and its
employees under this Agreement will be the care and skill ordinarily
used by members of ENGINEER’s profession practicing under the
same or similar circumstances at the same time and in the same
locality. ENGINEER makes no warranties, express or implied, under
this Agreement or otherwise, in connection with ENGINEER’s
services.
2. INSURANCE/INDEMNITY
ENGINEER agrees to procure and maintain, at its expense, Workers'
Compensation insurance as required by statute; Employer's Liability
of $250,000; Automobile Liability insurance of $1,000,000 combined
single limit for bodily injury and property damage covering all
vehicles, including hired vehicles, owned and non-owned vehicles;
Commercial General Liability insurance of $1,000,000 combined
single limit for personal injury and property damage; and Professional
Liability insurance of $1,000,000 per claim for protection against
claims arising out of the performance of services under this
Agreement caused by negligent acts, errors, or omissions for which
ENGINEER is legally liable. If flying an Unmanned Aerial System
(UAS or drone), ENGINEER will procure and maintain aircraft
unmanned aerial systems insurance of $1,000,000 per occurrence.
OWNER shall be made an additional insured on Commercial
General and Automobile Liability insurance policies and certificates
of insurance will be furnished to the OWNER. ENGINEER agrees to
indemnify OWNER for third party personal injury and property
damage claims to the extent caused by ENGINEER's negligent acts,
errors or omissions. However, neither Party to this Agreement shall
be liable to the other Party for any special, incidental, indirect, or
consequential damages (including but not limited to loss of use or
opportunity; loss of good will; cost of substitute facilities, goods, or
services; cost of capital; and/or fines or penalties), loss of profits or
revenue arising out of, resulting from, or in any way related to the
Project or the Agreement from any cause or causes, including but
not limited to any such damages caused by the negligence, errors
or omissions, strict liability or breach of contract. The employees of
both parties are intended third party beneficiaries of this waiver of
consequential damages.
3. OPINIONS OF PROBABLE COST
Any opinions of probable project cost or probable construction cost
provided by ENGINEER are made on the basis of information
available to ENGINEER and on the basis of ENGINEER's
experience and qualifications, and represents its judgment as an
experienced and qualified professional engineer. However, since
ENGINEER has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s')
methods of determining prices, or over competitive bidding or market
conditions, ENGINEER does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of
probable cost ENGINEER prepares.
4. CONSTRUCTION PROCEDURES
ENGINEER's observation or monitoring portions of the work
performed under construction contracts shall not relieve the
contractor from its responsibility for performing work in accordance
with applicable contract documents. ENGINEER shall not control or
have charge of, and shall not be responsible for, construction means,
methods, techniques, sequences, procedures of construction, health
or safety programs or precautions connected with the work and shall
not manage, supervise, control or have charge of construction.
ENGINEER shall not be responsible for the acts or omissions of the
contractor or other parties on the project. ENGINEER shall be
entitled to review all construction contract documents and to require
that no provisions extend the duties or liabilities of ENGINEER
beyond those set forth in this Agreement. OWNER agrees to include
ENGINEER as an indemnified party in OWNER’s construction
contracts for the work, which shall protect ENGINEER to the same
degree as OWNER. Further, OWNER agrees that ENGINEER shall
be listed as an additional insured under the construction contractor’s
liability insurance policies.
5. CONTROLLING LAW
This Agreement is to be governed by the law of the state where
ENGINEER's services are performed.
6. SERVICES AND INFORMATION
OWNER will provide all criteria and information pertaining to
OWNER's requirements for the project, including design objectives
and constraints, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations. OWNER
will also provide copies of any OWNER-furnished Standard Details,
Standard Specifications, or Standard Bidding Documents which are
to be incorporated into the project.
OWNER will furnish the services of soils/geotechnical engineers or
other consultants that include reports and appropriate professional
recommendations when such services are deemed necessary by
ENGINEER. The OWNER agrees to bear full responsibility for the
technical accuracy and content of OWNER-furnished documents and
services.
In performing professional engineering and related services
hereunder, it is understood by OWNER that ENGINEER is not
engaged in rendering any type of legal, insurance or accounting
services, opinions or advice. Further, it is the OWNER’s sole
responsibility to obtain the advice of an attorney, insurance counselor
or accountant to protect the OWNER’s legal and financial interests.
To that end, the OWNER agrees that OWNER or the OWNER’s
representative will examine all studies, reports, sketches, drawings,
specifications, proposals and other documents, opinions or advice
prepared or provided by ENGINEER, and will obtain the advice of an
attorney, insurance counselor or other consultant as the OWNER
deems necessary to protect the OWNER’s interests before OWNER
takes action or forebears to take action based upon or relying upon
the services provided by ENGINEER.
7. SUCCESSORS, ASSIGNS AND BENEFICIARIES
OWNER and ENGINEER, respectively, bind themselves, their
partners, successors, assigns, and legal representatives to the
covenants of this Agreement. Neither OWNER nor ENGINEER will
assign, sublet, or transfer any interest in this Agreement or claims
arising therefrom without the written consent of the other. No third
party beneficiaries are intended under this Agreement.
8. RE-USE OF DOCUMENTS
All documents, including all reports, drawings, specifications,
computer software or other items prepared or furnished by
ENGINEER pursuant to this Agreement, are instruments of service
with respect to the project. ENGINEER retains ownership of all such
documents. OWNER may retain copies of the documents for its
information and reference in connection with the project; however,
none of the documents are intended or represented to be suitable for
reuse by OWNER or others on extensions of the project or on any
other project. Any reuse without written verification or adaptation by
ENGINEER for the specific purpose intended will be at OWNER's
sole risk and without liability or legal exposure to ENGINEER, and
OWNER will defend, indemnify and hold harmless ENGINEER from
all claims, damages, losses and expenses, including attorney's fees,
15
Terms & Conditions for Professional Services 2 (5/2023)
arising or resulting therefrom. Any such verification or adaptation will
entitle ENGINEER to further compensation at rates to be agreed
upon by OWNER and ENGINEER.
9. TERMINATION OF AGREEMENT
OWNER or ENGINEER may terminate the Agreement, in whole or in
part, by giving seven (7) days written notice to the other party.
Where the method of payment is "lump sum," or cost reimbursement,
the final invoice will include all services and expenses associated
with the project up to the effective date of termination. An equitable
adjustment shall also be made to provide for termination settlement
costs ENGINEER incurs as a result of commitments that had
become firm before termination, and for a reasonable profit for
services performed.
10. SEVERABILITY
If any provision of this agreement is held invalid or unenforceable,
the remaining provisions shall be valid and binding upon the parties.
One or more waivers by either party of any provision, term or
condition shall not be construed by the other party as a waiver of
any subsequent breach of the same provision, term or condition.
11. INVOICES
ENGINEER will submit monthly invoices for services rendered and
OWNER will make payments to ENGINEER within thirty (30) days
of OWNER's receipt of ENGINEER's invoice.
ENGINEER will retain receipts for reimbursable expenses in general
accordance with Internal Revenue Service rules pertaining to the
support of expenditures for income tax purposes. Receipts will be
available for inspection by OWNER's auditors upon request.
If OWNER disputes any items in ENGINEER's invoice for any
reason, including the lack of supporting documentation, OWNER
may temporarily delete the disputed item and pay the remaining
amount of the invoice. OWNER will promptly notify ENGINEER of
the dispute and request clarification and/or correction. After any
dispute has been settled, ENGINEER will include the disputed item
on a subsequent, regularly scheduled invoice, or on a special
invoice for the disputed item only.
OWNER recognizes that late payment of invoices results in extra
expenses for ENGINEER. ENGINEER retains the right to assess
OWNER interest at the rate of one percent (1%) per month, but not
to exceed the maximum rate allowed by law, on invoices which are
not paid within thirty (30) days from the date OWNER receives
ENGINEER’s invoice. In the event undisputed portions of
ENGINEER's invoices are not paid when due, ENGINEER also
reserves the right, after seven (7) days prior written notice, to
suspend the performance of its services under this Agreement until
all past due amounts have been paid in full.
12. CHANGES
The parties agree that no change or modification to this Agreement,
or any attachments hereto, shall have any force or effect unless the
change is reduced to writing, dated, and made part of this
Agreement. The execution of the change shall be authorized and
signed in the same manner as this Agreement. Adjustments in the
period of services and in compensation shall be in accordance with
applicable paragraphs and sections of this Agreement. Any
proposed fees by ENGINEER are estimates to perform the services
required to complete the project as ENGINEER understands it to be
defined. For those projects involving conceptual or process
development services, activities often are not fully definable in the
initial planning. In any event, as the project progresses, the facts
developed may dictate a change in the services to be performed,
which may alter the scope. ENGINEER will inform OWNER of such
situations so that changes in scope and adjustments to the time of
performance and compensation can be made as required. If such
change, additional services, or suspension of services results in an
increase or decrease in the cost of or time required for performance
of the services, an equitable adjustment shall be made, and the
Agreement modified accordingly.
13. CONTROLLING AGREEMENT
These Terms and Conditions shall take precedence over any
inconsistent or contradictory provisions contained in any proposal,
contract, purchase order, requisition, notice-to-proceed, or like
document.
14. EQUAL EMPLOYMENT AND NONDISCRIMINATION
In connection with the services under this Agreement, ENGINEER
agrees to comply with the applicable provisions of federal and state
Equal Employment Opportunity for individuals based on color,
religion, sex, or national origin, or disabled veteran, recently
separated veteran, other protected veteran and armed forces
service medal veteran status, disabilities under provisions of
executive order 11246, and other employment, statutes and
regulations, as stated in Title 41 Part 60 of the Code of Federal
Regulations § 60-1.4 (a-f), § 60-300.5 (a-e), § 60-741 (a-e).
15. HAZARDOUS MATERIALS
OWNER represents to ENGINEER that, to the best of its
knowledge, no hazardous materials are present at the project site.
However, in the event hazardous materials are known to be
present, OWNER represents that to the best of its knowledge it
has disclosed to ENGINEER the existence of all such hazardous
materials, including but not limited to asbestos, PCB’s, petroleum,
hazardous waste, or radioactive material located at or near the
project site, including type, quantity and location of such
hazardous materials. It is acknowledged by both parties that
ENGINEER’s scope of services do not include services related in
any way to hazardous materials. In the event ENGINEER or any
other party encounters undisclosed hazardous materials,
ENGINEER shall have the obligation to notify OWNER and, to the
extent required by law or regulation, the appropriate governmental
officials, and ENGINEER may, at its option and without liability for
delay, consequential or any other damages to OWNER, suspend
performance of services on that portion of the project affected by
hazardous materials until OWNER: (i) retains appropriate
specialist consultant(s) or contractor(s) to identify and, as
appropriate, abate, remediate, or remove the hazardous materials;
and (ii) warrants that the project site is in full compliance with all
applicable laws and regulations. OWNER acknowledges that
ENGINEER is performing professional services for OWNER and
that ENGINEER is not and shall not be required to become an
“arranger,” “operator,” “generator,” or “transporter” of hazardous
materials, as defined in the Comprehensive Environmental
Response, Compensation, and Liability Act of 1990 (CERCLA),
which are or may be encountered at or near the project site in
connection with ENGINEER’s services under this Agreement. If
ENGINEER’s services hereunder cannot be performed because of
the existence of hazardous materials, ENGINEER shall be entitled
to terminate this Agreement for cause on 30 days written notice.
To the fullest extent permitted by law, OWNER shall indemnify
and hold harmless ENGINEER, its officers, directors, partners,
employees, and subconsultants from and against all costs, losses,
and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals, and all
court or arbitration or other dispute resolution costs) caused by,
arising out of or resulting from hazardous materials, provided that
(i) any such cost, loss, or damage is attributable to bodily injury,
sickness, disease, or death, or injury to or destruction of tangible
property (other than completed Work), including the loss of use
resulting therefrom, and (ii) nothing in this paragraph shall obligate
OWNER to indemnify any individual or entity from and against the
consequences of that individual’s or entity’s sole negligence or
willful misconduct.
16. EXECUTION
This Agreement, including the exhibits and schedules made part
hereof, constitute the entire Agreement between ENGINEER and
16
Terms & Conditions for Professional Services 3 (5/2023)
OWNER, supersedes and controls over all prior written or oral
understandings. This Agreement may be amended, supplemented
or modified only by a written instrument duly executed by the
parties.
17. ALLOCATION OF RISK
OWNER AND ENGINEER HAVE EVALUATED THE RISKS AND
REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING
ENGINEER’S FEE RELATIVE TO THE RISKS ASSUMED, AND
AGREE TO ALLOCATE CERTAIN OF THE RISKS, SO, TO THE
FULLEST EXTENT PERMITTED BY LAW, THE TOTAL
AGGREGATE LIABILITY OF ENGINEER (AND ITS RELATED
CORPORATIONS, SUBCONSULTANTS AND EMPLOYEES) TO
OWNER AND THIRD PARTIES GRANTED RELIANCE IS
LIMITED TO THE LESSER OF $1,000,000 OR ITS FEE, FOR ANY
AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR
EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES)
ARISING OUT OF ENGINEER’S SERVICES OR THIS
AGREEMENT REGARDLESS OF CAUSE(S) OR THE THEORY
OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR
OTHER RECOVERY. ENGINEER’S AND SUBCONSULTANTS’
EMPLOYEES ARE INTENDED THIRD PARTY BENEFICIARIES
OF THIS ALLOCATION OF RISK.
18. LITIGATION SUPPORT
In the event ENGINEER is required to respond to a subpoena,
government inquiry or other legal process related to the services in
connection with a legal or dispute resolution proceeding to which
ENGINEER is not a party, OWNER shall reimburse ENGINEER for
reasonable costs in responding and compensate ENGINEER at its
then standard rates for reasonable time incurred in gathering
information and documents and attending depositions, hearings,
and trial.
19. NO THIRD PARTY BENEFICIARIES
Except as otherwise provided in this Agreement, no third party
beneficiaries are intended under this Agreement. In the event a
reliance letter or certification is required under the scope of
services, the parties agree to use a form that is mutually acceptable
to both parties.
20. UTILITY LOCATION
If underground sampling/testing is to be performed, a local utility
locating service shall be contacted to make arrangements for all
utilities to determine the location of underground utilities. In addition,
OWNER shall notify ENGINEER of the presence and location of any
underground utilities located on the OWNER’s property which are
not the responsibility of private/public utilities. ENGINEER shall take
reasonable precautions to avoid damaging underground utilities that
are properly marked. The OWNER agrees to waive any claim
against ENGINEER and will indemnify and hold ENGINEER
harmless from any claim of liability, injury or loss caused by or
allegedly caused by ENGINEER’s damaging of underground utilities
that are not properly marked or are not called to ENGINEER’s
attention prior to beginning the underground sampling/testing.
21. UNMANNED AERIAL SYSTEMS
If operating UAS, ENGINEER will obtain all permits or exemptions
required by law to operate any UAS included in the services.
ENGINEER’s operators have completed the training, certifications
and licensure as required by the applicable jurisdiction in which the
UAS will be operated. OWNER will obtain any necessary
permissions for ENGINEER to operate over private property, and
assist, as necessary, with all other necessary permissions for
operations.
22. OPERATIONAL TECHNOLOGY SYSTEMS
OWNER agrees that the effectiveness of operational technology
systems and features designed, recommended or assessed by
ENGINEER (collectively “OT Systems”) are dependent upon
OWNER’s continued operation and maintenance of the OT Systems
in accordance with all standards, best practices, laws, and
regulations that govern the operation and maintenance of the OT
Systems. OWNER shall be solely responsible for operating and
maintaining the OT Systems in accordance with applicable laws,
regulations, and industry standards (e.g. ISA, NIST, etc.) and best
practices, which generally include but are not limited to, cyber
security policies and procedures, documentation and training
requirements, continuous monitoring of assets for tampering and
intrusion, periodic evaluation for asset vulnerabilities, implementation
and update of appropriate technical, physical, and operational
standards, and offline testing of all software/firmware
patches/updates prior to placing updates into production.
Additionally, OWNER recognizes and agrees that OT Systems are
subject to internal and external breach, compromise, and similar
incidents. Security features designed, recommended or assessed
by ENGINEER are intended to reduce the likelihood that OT
Systems will be compromised by such incidents. However,
ENGINEER does not guarantee that OWNER’s OT Systems are
impenetrable and OWNER agrees to waive any claims against
ENGINEER resulting from any such incidents that relate to or affect
OWNER’s OT Systems.
23. FORCE MAJEURE
ENGINEER shall not be responsible for delays caused by factors
beyond ENGINEER’s reasonable control, including but not limited to
delays because of strikes, lockouts, work slowdowns or stoppages,
government ordered industry shutdowns, power or server outages,
acts of nature, widespread infectious disease outbreaks (including,
but not limited to epidemics and pandemics), failure of any
governmental or other regulatory authority to act in a timely manner,
failure of the OWNER to furnish timely information or approve or
disapprove of ENGINEER’s services or work product, or delays
caused by faulty performance by the OWNER’s or by contractors of
any level or any other events or circumstances not within the
reasonable control of the party affected, whether similar or dissimilar
to any of the foregoing. When such delays beyond ENGINEER’s
reasonable control occur, the OWNER agrees that ENGINEER shall
not be responsible for damages, nor shall ENGINEER be deemed in
default of this Agreement, and the parties will negotiate an equitable
adjustment to ENGINEER’s schedule and/or compensation if
impacted by the force majeure event or condition.
24. EMPLOYEE IMMUNITY
The parties to this Agreement acknowledge that an individual
employee or agent may not be held individually liable for negligence
with regard to services provided under this Agreement. To the
maximum extent permitted by law, the parties intend i) that this
limitation on the liability of employees and agents shall include
directors, officers, employees, agents and representatives of each
party and of any entity for whom a party is legally responsible, and ii)
that any such employee or agent identified by name in this
Agreement shall not be deemed a party. Specifically, in the event
that all or a portion of the services is performed in the State of
Florida, the following provision shall be applicable:
THE PARTIES ACKNOWLEDGE THAT
PURSUANT TO APPLICABLE FLORIDA
STATUTES AN INDIVIDUAL
EMPLOYEE OR AGENT MAY NOT BE
HELD INDIVIDUALLY LIABLE FOR
NEGLIGENCE WITH REGARD TO
SERVICES PROVIDED UNDER THIS
AGREEMENT. To the maximum extent
permitted by law, the Parties intend i) that
this limitation on the liability of employees
17
Terms & Conditions for Professional Services 4 (5/2023)
and agents shall include directors,
officers, employees, agents and
representatives of each Party and of any
entity for whom a Party is legally
responsible, and ii) that any such
employee or agent identified by name in
this Agreement shall not be deemed a
Party. The Parties further acknowledge
that the Florida statutes referred to above
include but are not limited to:
§558.0035(1)(a)-(e);§471.023(3)(an
engineer is personally liable for
negligence except as provided in §
558.0035); §472.021(3) (surveyor and
mapper); §481.219(11)(architect and
interior designer);§481.319(6) (landscape
architect); and §492.111(4) (geologist).
18
Agreement for Professional Services 1 3/2025
SHORT FORM AGREEMENT BETWEEN OWNER AND
HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES
AGREEMENT NUMBER ____________
THIS AGREEMENT is made as of this 13th day of January, 2026, between City
of Ames, Iowa (“OWNER”), and HDR ENGINEERING, INC., (“ENGINEER” or
“CONSULTANT”) for services in connection with the project known as the Storm Sewer
System Analysis Project (“Project”);
WHEREAS, OWNER desires to engage ENGINEER to provide professional
engineering, consulting and related services (“Services”) in connection with the Project;
and
WHEREAS, ENGINEER desires to render these Services as described in
SECTION I, Scope of Services.
NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual
covenants contained herein, agree as follows:
SECTION I. SCOPE OF SERVICES
ENGINEER will provide Services for the Project, which consist of the Scope of Services
as outlined on the attached Exhibit A.
SECTION II. TERMS AND CONDITIONS OF ENGINEERING
SERVICES
The HDR Engineering, Inc. Terms and Conditions, which are attached hereto in Exhibit
B, are incorporated into this Agreement by this reference as if fully set forth herein.
SECTION III. RESPONSIBILITIES OF OWNER
The OWNER shall provide the information set forth in paragraph 6 of the attached “HDR
Engineering, Inc. Terms and Conditions for Professional Services.”
SECTION IV. COMPENSATION
Compensation for ENGINEER’S services under this Agreement shall be on the basis of
Time and Materials with a Not To Exceed fee.
- Time and Materials shall mean actual labor hours at the rates included in
Exhibit A, to be paid as total compensation for each hour an employee works
on the project, plus Reimbursable Expenses.
- ENGINEER’S Not To Exceed fee will be: Four Hundred Ninety Thousand,
Three Hundred Seventy Dollars ($490,370).
19
Agreement for Professional Services 2 3/2025
The amount of any sales tax, excise tax, value added tax (VAT), or gross receipts tax that
may be imposed on this Agreement shall be added to the ENGINEER’S compensation as
Reimbursable Expenses.
Payroll Cost shall mean salaries and wages, (basic and overtime) paid to all personnel
engaged directly on the Project, plus the cost of customary and statutory benefits
including, but not limited to, social security contributions, unemployment, excise and
payroll taxes, worker’s compensation, health and retirement benefits, sick leave, and
vacation and holiday pay applicable thereto.
Direct Labor Cost shall mean salaries and wages, (basic and overtime) paid to all
personnel engaged directly on the Project. The Direct Labor Costs and the factor applied
to Direct Labor Costs will be adjusted annually as of the first of every year to reflect
equitable changes to the compensation payable to Engineer.
Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in
connection with the Project for transportation travel, subconsultants, subcontractors,
technology charges, telephone, telex, shipping and express, and other incurred expense.
ENGINEER will add zero percent (0%) to invoices received by ENGINEER from
subconsultants.
SECTION V. PERIOD OF SERVICE
Upon receipt of written authorization to proceed, ENGINEER shall perform the services
within the time period(s) described in Exhibit A.
Unless otherwise stated in this Agreement, the rates of compensation for ENGINEER’S
services have been agreed to in anticipation of the orderly and continuous progress of the
project through completion. If any specified dates for the completion of ENGINEER’S
services are exceeded through no fault of the ENGINEER, the time for performance of
those services shall be automatically extended for a period which may be reasonably
required for their completion and all rates, measures and amounts of ENGINEER’S
compensation shall be equitably adjusted.
20
Agreement for Professional Services 3 3/2025
SECTION VI. SPECIAL PROVISIONS
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above.
CITY OF AMES, IOWA
“OWNER”
BY:
NAME:
TITLE:
ADDRESS:
HDR ENGINEERING, INC.
“ENGINEER”
BY:
NAME: Ann Williams, P.E.
TITLE: Senior Vice President
ADDRESS: 1917 67th Street
Omaha, NE 68106
21
EXHIBIT A
SCOPE OF SERVICES
22
EXHIBIT B
TERMS AND CONDITIONS
23
Storm Water System Analysis
1 3 t h S t
S t o n e B r o o k eNorthridge
H e i g h ts
A l l e n v i e w
S o m e r s e t
V i l l a g e
M e e k e r N o r t h
K i n g -A m
N o r t h w o o d -O v e r l a n d
H e i g h t s
69
30
30
Li nc o l n Wa y
C oldwater Go l f
C ours e
S tate For es t
Nurs er y
We s tb e n d
R e i m a n We s t
Oa k -W o o d -Fo r e s t
Oa k -R i v e r s i d e
M e a d o w G l e n
R o a d
C o l l e g e
C r e e k -Ol d
A m e s M i d d l e
S c h o o l
B r o o k s i d e
A m e s
35
No r th River
V alley
B l o o m i n g t o n
35
US Highway 30
2 4 0 t h S t
Legend
Analysis Areas ¯
0 4,000
Feet
1
3
2
4
5
6
24