HomeMy WebLinkAboutA001 - Council Action Form dated June 24, 2025ITEM #:40
DATE:06-24-25
DEPT:PW
SUBJECT:2024-26 TRAFFIC SYSTEM CAPACITY IMPROVEMENTS PROGRAM
(13TH & GRAND)
COUNCIL ACTION FORM
BACKGROUND:
On August 13, 2024, City Council approved a Professional Services Agreement with WHKS &
Co. of Ames, Iowa in an amount not to exceed $326,750 for design services necessary for the
project to widen the 13th Street and Grand Avenue intersection. This agreement did not
include land acquisition services, because the extent of the impacted property was not known
until the development of the preliminary design.
WHKS & Co., in collaboration with City staff, has substantially completed preliminary
plans and has determined that 19 parcels will require permanent and temporary
easements. An additional 2 properties in the north-west quadrant (Seventh Day
Adventist Church at 1303 Grand Ave., currently assessed at $98,000, and a residential
duplex property at 1302 Harding Ave., currently assessed at $215,100) require full
acquisition. These 2 properties were shown as anticipated full acquisitions in the Grand
Avenue Corridor Study that was approved in 2022.
WHKS & Co. has prepared an amendment to its contract in the amount of $107,250 to
include voluntary acquisition services for the 19 parcels requiring new easements. The
services included will follow Iowa DOT procedures for acquisitions related to a State or
Federally funded transportation project, including a Public Hearing with affected property
owners to explain the acquisition process and related construction events.
Funding for design and right of way acquisition is in included in the FY 2024/25 Capital
Improvements Plan in the amount of $750,000. This amendment will bring project
design and right of way costs to $434,000.
The actual costs of the acquisitions are not part of this amendment as staff is currently
exploring different avenues to perform those voluntary acquisitions. Once an
acquisition strategy is finalized, staff will come back to Council for approval.
The roadway improvement impacts are relatively well defined and included in the scope of
voluntary acquisitions in this agreement. However, the project will require significant relocation
of two overhead electric circuits in the north-east corner of the intersection, which is currently
under design. The full impacts of these relocations are unknown until that design is complete
and incorporated into the overall plan. The electric relocation may increase the required
area of easements, but it is not currently anticipated to increase the number of affected
parcels.
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ALTERNATIVES:
1. Approve Amendment No. 1 to WHKS & Co. of Ames, IA, in the amount of $107,250.
2. Do not approve the amendment and direct staff to make modifications.
CITY MANAGER'S RECOMMENDED ACTION:
These easement acquisitions are necessary to continue with project development. By
approving this amendment, the easement acquisitions for this project can move
forward in compliance with Iowa DOT procedures. Therefore, it is the recommendation of
the City Manager that the City Council adopt Alternative No. 1 as described above.
ATTACHMENT(S):
Acquisition Needs.pdf
Amendment WHKS.pdf
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DESIGN TEAM PROJECT NUMBER SHEET NUMBER COUNTY
5/19/2025
ENGLISHFILE NO.
EXISTING ROW
EXISTING ROW
EXISTING ROW
EXISTING ROW
EXISTING ROW
EXISTING ROW
GRAND AVE
EXISTING ROW
EXISTING ROW
TEMPORARY EASEMENT
PERMANENT EASEMENT
LEGEND:
TODD HOLCOMB
1202 GRAND AVE
PERMANENT EASEMENT: 19.3 SY
TEMPORARY EASEMENT: 30.6 SY
JOSHUA MORENO
1208 GRAND AVE
PERMANENT EASEMENT: 35.9 SY
TEMPORARY EASEMENT: 28.1 SY
ROBERT AND GAIL WHITE
1212 GRAND AVE
PERMANENT EASEMENT: 53.1 SY
TEMPORARY EASEMENT: 33.2 SY
DONNA BRITTEN
1218 GRAND AVE
PERMANENT EASEMENT: 53.2 SY
TEMPORARY EASEMENT: 45.1 SY
1228 GRAND LLC
1228 GRAND AVE
PERMANENT EASEMENT: 127.9 SY
TEMPORARY EASEMENT: 750.7 SY
SHAYONEE CHAKRABORTY
703 12TH ST
PERMANENT EASEMENT: 59.4 SY
TEMPORARY EASEMENT: 55.3 SY
PATTI SHONK
1209 GRAND AVE
PERMANENT EASEMENT: 63.4 SY
TEMPORARY EASEMENT: 32.3 SY
MELVIN & CHRISTINE CRIPPEN
1213 GRAND AVE
PERMANENT EASEMENT: 64.2 SY
TEMPORARY EASEMENT: 15.3 SY
PAULA S VANDEWATER
1217 GRAND AVE
PERMANENT EASEMENT: 68.7 SY
TEMPORARY EASEMENT: 12.2 SY
HAROLD PIKE RECOVABLE TRUST
704 13TH ST
PERMANENT EASEMENT: 171 SY
TEMPORARY EASEMENT: 20.14 SY
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98765 WHKS & CO.CITY OF AMES XXX-XXXX-XXX H.1XXX-XXXX-XXXCITY OF AMESWHKS & CO.
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DESIGN TEAM PROJECT NUMBER SHEET NUMBER COUNTY
5/19/2025
ENGLISHFILE NO.
EXISTING ROW
EXISTING ROW
EXISTING ROW
EXISTING ROW EXISTING ROW
EXISTING ROW
GRAND AVE EXISTING ROW
EXISTING ROW
TEMPORARY EASEMENT
PERMANENT EASEMENT
LEGEND:
ROGER & GARUNEE GRAU
1311 GRAND AVE
PERMANENT EASEMENT: 75.2 SY
TEMPORARY EASEMENT: 30.1 SY
THYRA BURKE
1317 GRAND AVE
PERMANENT EASEMENT: 87.0 SY
TEMPORARY EASEMENT: 33.3 SY
LAVONNE STAIERT
1323 GRAND AVE
PERMANENT EASEMENT: 66.4 SY
TEMPORARY EASEMENT: 26.4 SY
MATTHEW SCOTT HAUBRICH
1314 GRAND AVE
PERMANENT EASEMENT: 66.7 SY
TEMPORARY EASEMENT: 79.0 SY
MATTHEW SCOTT HAUBRICH
1320 GRAND AVE
PERMANENT EASEMENT: 51.7 SY
TEMPORARY EASEMENT: 50.0 SY
MATTHEW SCOTT HAUBRICH
1324 GRAND AVE
PERMANENT EASEMENT: 36.1 SY
TEMPORARY EASEMENT: 34.7 SY
ROBERT SUZANNE
1330 GRAND AVE
PERMANENT EASEMENT: 30.9 SY
TEMPORARY EASEMENT: 67.0 SY
IOWA SEVENTH DAY
ADVENTIST ASSOC.
1303 GRAND AVE
PERMANENT EASEMENT: 366.1 SY
TEMPORARY EASEMENT: 0 sy
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80'92.8'50'60'
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79.1'79.1'63.2'
12.5'
MICHAEL & ASHLEY BAUMGARTEN
1329 GRAND AVE
PERMANENT EASEMENT: 36.6 SY
TEMPORARY EASEMENT: 26.2 SY
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98765 WHKS & CO.CITY OF AMES XXX-XXXX-XXXWHKS & CO.WHKS & CO.CITY OF AMES XXX-XXXX-XXX H.2
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DESIGN TEAM PROJECT NUMBER SHEET NUMBER COUNTY
5/19/2025
ENGLISHFILE NO.
EXISTING ROW EXISTING ROW EXISTING ROW EXISTING ROW
EXISTING ROW
EXISTING ROW
EXISTING ROW
EXISTING ROW
13TH ST
GR
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HA
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G
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EXISTING ROW
EXISTING ROW
TEMPORARY EASEMENT
PERMANENT EASEMENT
LEGEND:
BROWN FAMILY TRUST
803 13TH ST
PERMANENT EASEMENT: 10.8 SY
TEMPORARY EASEMENT: 7 SY
1302 HARDING AVE TRUST
1302 HARDING AVE
PERMANENT EASEMENT: 167.4 SY
TEMPORARY EASEMENT: 0 SY
120.4'
12
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12
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5
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2.2'
98765 WHKS & CO.CITY OF AMES XXX-XXXX-XXX H.3XXX-XXXX-XXXCITY OF AMESWHKS & CO.
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702+
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70
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707+
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DESIGN TEAM PROJECT NUMBER SHEET NUMBER COUNTY
5/19/2025
ENGLISHFILE NO.
EXISTING ROW
EXISTING ROW
EXISTING ROW
EXISTING ROW
EXISTING ROW
EXISTING ROW
EXISTING ROW
EXISTING ROW
13TH ST
GRAND AVE
W
ILSON AVE
EXISTING ROW
TEMPORARY EASEMENT
PERMANENT EASEMENT
LEGEND:
98765 WHKS & CO.CITY OF AMES XXX-XXXX-XXX H.4XXX-XXXX-XXXCITY OF AMESWHKS & CO.
O
FEET
2O
710+
00
706+
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707+
00
708+
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710+
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711+
00
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AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT
WHEREAS, City of Ames (Client) and WHKS & Co. (WHKS) executed a Professional Services
Agreement dated August 13, 2024 for certain engineering services for 2024/25 Traffic System
Capacity Improvements – 13th Street and Grand Avenue (Project), and
WHEREAS, the Agreement described a scope of services and was based on completion of certain
services, and
WHEREAS, the Client has requested Right-of-Way and Easement Acquisition services for the
2024/25 Traffic System Capacity Improvements – 13th Street and Grand Avenue as described in
more detail below, and
NOW THEREFORE, the Client and WHKS hereby agree the amended compensation for services shall
be increased by the following:
Scope of Services
WHKS shall perform the following described services for the Client:
Right-of-way services were identified for addition by Amendment upon completion of preliminary design.
19 parcels were identified as requiring permanent and temporary easements during preliminary design.
This Amendment is for right-of-way and easement acquisition, as described in Attachment A, for 19
parcels and will be performed by JCG Land Services, a subcontractor to WHKS under this contract.
Basis of Compensation
For the services described above, the Client shall remunerate WHKS as follows:
Billed Hourly with a Not-to-Exceed Fee of $107,250, including a 10% administrative charge on
subconsultant expenses.
Executed this day of June, 2025
City of Ames WHKS & CO.
Title: Title: Vice President
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ROW Scope of Services
RIGHT OF WAY and EASEMENT ACQUISITION:
On behalf of the CLIENT, JCG will perform the following tasks: or, when necessary, will obtain those
professional services from local, qualified resources and pass those direct costs through to the CLIENT based
on actual bills and/or receipts for service with JCG’s invoice(s):
• Record of Property Ownership and Liens Certificates. Based on the final design of the facility or
public improvement project, JCG will identify those parcels that are expected to be acquired in fee or
encumbered by an easement to identify current ownership. For acquisition purposes, a certified
Record of Ownership and Liens report(s) will be obtained by JCG from a local abstractor and verified
to identify all the owners, easements and encumbrances, judgments, mortgages, and other interest
holders needed to obtain possession of the interests in land being acquired. The costs for procuring
the Recertified Record of Ownership and Liens for each parcel will be a pass-through, reimbursable
expense as noted on JCG’s project Invoices.
• Acquisition Plats and Legal Descriptions / Project Plans. To be provided by CLIENT.
• Public Hearing
If applicable, the ACQUIRING AUTHORTY will mail the Notice of Public Hearing and a Statement
of Property Owner’s Rights to all property owners and contract purchasers by regular mail not less
than 30 days before the date of the hearing; and publish a notice of the public hearing at least 4 but not
more than 20 days before the public hearing. Upon request, JCG will participate in the Public Hearing
to explain the acquisition process.
• Compensation Valuation. JCG will prepare offers of compensation based upon current fair market
value of similar property in the vicinity of the project. To adequately determine the fair market value
of right of way sought to be acquired, JCG will search public records for comparable sales data for each
land use type encountered for allocation of just compensation payments. If the proposed acquisition
for any parcel is complicated and/or estimated to exceed $25,000.00, JCG will recommend the services
of an experienced Eminent Domain Appraiser to prepare the appraisal products fo r the CLIENT. If
requested, JCG will also recommend an experienced Eminent Domain Review Appraiser to complete
the valuation process. The ACQUIRING AUTHORITY shall approve the Review Appraiser’s
allocation of value to be offered to the affected property owner(s) as Just Compensation for the
acquisition of each parcel. The costs for procuring appraisal and review appraisal reports for each
parcel will be a pass-through, reimbursable expense as noted on JCG’s project Invoices.
ATTACHMENT A
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• Acquisition Process. Forms of transfer documents and purchase agreements will be submitted to the
ACQUIRING AUTHORITY for approval and acceptance. Where applicable, preparation of
Warranty Deeds for the conveyance of fee ownership interests will be the responsibility of the
ACQUIRING AUTHORITY’s attorney, or other attorney to comply with state law.
JCG shall make a good faith effort to negotiate the purchase of the land, or interests in the land, needed
for the project. JCG shall make contacts with the property owners, tenants and/or their legal
representative to explain the effect of the acquisition, answer questions, and make a written offer to
acquire the property. Nonresident landowners shall be contacted by mail, return receipt requested if
necessary. If an agreement cannot be reached with a property owner through good faith negotiations,
JCG shall consider any evidence of value or an appraisal provided by the landowner; report landowner
counteroffers; and/or make a recommendation whether a settlement should be attempted at an
amount other than that previously offered. No action shall be taken based on such recommendations
until it has been approved by the CLIENT.
Negotiations shall be considered complete upon occurrence of one of the following:
• both the owner and tenant accept the offer or an administrative settlement, or
• either the owner or tenant fails or refuses to sign the offer or administrative settlement, or
• in the judgment of the CLIENT, negotiations have reached an impasse.
For every parcel on which negotiations have reached an impasse or that cannot be acquired by
negotiated agreement, JCG shall deliver as much of the file to the ACQUIRING AUTHORITY as is
necessary for the ACQUIRING AUTHORITY’s Attorney, or other attorney, to begin preparation for
the condemnation of the parcel.
• Closing Process. Upon completion of the acquisition of right of way, JCG will organize and verify
data for each parcel file’s closing and payment process and return the parcel file data to the
ACQUIRING AUTHORITY for payment processing and the closing process. The completed file will
contain originals of all executed conveyance documents, a signed W-9 form, and, if necessary, an
Allocation of Proceeds statement directing the split of payment(s) to be made.
• Condemnation Support. In the event condemnation should become necessary, JCG will provide
parcel file documents and information necessary for the ACQUIRING AUTHORITY’s attorney, or
other attorney, to file the Application for Condemnation. If requested, (UNDER A SEPARATE TIME
AND MATERIALS ADDENDUM TO THIS AGREEMENT) attend necessary meetings in support
of the condemnation proceeding and/or appear as an expert witness at the condemnation hearing. In
addition to the items contained in the Scope of Services for this Agreement, JCG will also provide
additional support and administrative services as requested by the ACQUIRING AUTHORITY’s
attorney in support of the condemnation process on a case by case basis.
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• Project Management. Throughout the project, JCG will provide a project manager with significant
public works project experience to oversee the process and progress of the acquisition team, meet with
the CLIENT and/or its contractors as necessary, and submit periodic status reports to CLIENT’s
personnel that will calculate the level of completion of each respective task in the process.
Services not furnished by JCG are not covered by the terms of this Agreement. The CLIENT shall be solely
responsible for performance of work not covered by this Agreement.
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