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Home My WebLink AboutA031 - Resolution approving Amendment No. 3 with WHKS & Co for Engineering Services Agreement for 2024-26 Traffic System Capacity Improvement Program (13th & Grand)ITEM #:33 DATE:03-24-26 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 property impacts was not known until completion of the preliminary design. As the preliminary design advanced, more detailed information about the necessary right-of- way acquisitions was determined and used to scope an amendment to the original agreement. In June 2025, City Council approved Amendment No. 1 to the Professional Services Agreement in the amount of $107,250 to provide right-of-way and easement acquisition services for 19 parcels impacted by the project. These services are being provided by JCG Land Services, a subconsultant to WHKS. Amendment No. 2 to the Professional Services Agreement was administratively approved by staff in October 2025, in the amount of $35,600 to add services for the voluntary full acquisitions of 1303 Grand Avenue and 1302 Harding Avenue. These services are also being provided by JCG Land Services as a subconsultant to WHKS. This amendment did not include relocation assistance services, as more information about each property needed to be obtained before relocation services could be fully scoped. UNIFORM RELOCATION ASSISTANCE REQUIREMENTS Because this project is located along Grand Avenue (U.S. Highway 69) and utilizes state grant funding administered through the Iowa Department of Transportation, all property acquisition and relocation activities must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). The Uniform Act establishes federal standards to ensure that individuals, families, businesses, and nonprofit organizations displaced by federally assisted transportation projects are treated fairly and consistently. Key requirements include: • Providing relocation advisory services to displaced persons • Identifying comparable replacement housing or commercial properties • Providing moving and relocation expense payments • Providing replacement housing payments when applicable • Maintaining detailed documentation and reporting of relocation activities Failure to comply with the Uniform Act can jeopardize eligibility for state and federal 1 transportation funding. Based on the preliminary review of the affected properties, it is anticipated that up to four occupants may require relocation assistance services as part of the acquisition of the two properties. AMENDMENT NO. 3 WHKS has prepared Amendment No. 3 to the Professional Services Agreement to add relocation assistance services associated with the full acquisition of two properties. The amendment includes a not-to-exceed cost of $74,800 for these services. Relocation services will be provided by Midwest Right of Way, a subconsultant to JCG Land Services and WHKS. Services will include conducting relocation interviews, identifying comparable replacement housing or commercial properties, providing advisory assistance to displaced occupants, processing relocation claims, and coordinating moving activities. Based on the type of properties involved and the potential number of displaced occupants, total relocation payments are currently estimated to range between $200,000 and $325,000. All relocation payments must be documented and supported by appropriate justification and receipts prior to reimbursement, and Midwest Right of Way will assist the City in administering these requirements in compliance with the Uniform Act. The FY 20 24/25 CIP included $750,000 for engineering and right-of-way acquisitions for the project. As the project design has progressed, and acquisition appraisals have been performed, the anticipated costs for full acquisitions, easements, and relocation assistance are expected to exceed the original budget. Below is a table showing anticipated design and acquisition costs: Item Costs Engineering Design Services (Original Professional Services Agreement - 2024)$326,750 Acquisition Services for Parcels with Easements (Amendment No. 1)$107,250 Acquisition Services for Full Acquisition Parcels (Amendment No. 2)$35,600 Relocation Assistance Services (Amendment No. 3 - This Item)$74,800 Anticipated Acquisition Offers $700,000 Estimated Relocation Costs $200,000 - $325,000 TOTAL $1,444,400 - $1,569,400 2023/24 TRAFFIC SYSTEM CAPACITY IMPROVEMENTS (AIRPORT ROAD IMPROVEMENTS) UPDATE As part of the 2023/24 Traffic System Capacity Improvements project, staff has been working with adjacent property owners along Airport Road to secure the traffic signal easements necessary to construct a proposed traffic signal at the West Lowe’s Entrance / Sam’s Club Entrance. Initial discussions with both property owners were productive; however, staff has not received a response from Sam’s Club since March 2025, and negotiations regarding easement language with the owner of the Lowe’s property have reached an impasse. Without these easements, the project cannot proceed as currently planned. 2 The Airport Road project was intended as a proactive improvement to accommodate anticipated growth along the corridor and improve operations at the intersection with South Duff Avenue. Given that there are no immediate safety concerns at this location and the City has been unable to secure the necessary easements, staff recommends reprogramming this project into a future Capital Improvements Plan (CIP) when additional traffic growth may warrant revisiting the project. Staff further recommends reallocating the currently available project funding to the 13th Street and Grand Avenue intersection improvement project to help address higher-than-anticipated design and right-of-way acquisition costs. The available funding is summarized in the table below: Fund Source Available Balance Road Use Tax $285,100 G.O. Bonds $432,587 TOTAL $717,687 Reallocating these funds to the 13th and Grand Avenue project would increase the total budget available for design and right-of-way acquisition to $1,467,687. This additional funding would allow the design and acquisition activities for the project to continue. As property acquisitions are finalized and acquisition and relocation costs become more clearly defined, staff will continue to monitor the project budget and will return to Council with any additional recommendations if adjustments become necessary. ALTERNATIVES: 1. a. Approve Amendment No. 3 to WHKS & Co. of Ames, IA, in the amount of $74,800. b. Reallocate the available Road Use Tax and General Obligation Bonds from the 2023/24 Traffic System Capacity Improvements (Airport Road Improvements) to the 2024/25 Traffic System Capacity Improvements (13th & Grand). 2. Do not approve the amendment and direct staff to make modifications. CITY MANAGER'S RECOMMENDED ACTION: The relocation assistance services included in Amendment No. 3 are necessary to comply with the Uniform Act and Iowa DOT procedures applicable to projects receiving state transportation funding. Approval of this amendment will allow the City to proceed with the acquisition of the properties necessary for the 13th Street and Grand Avenue intersection improvements. In addition, the Airport Road and South Duff Avenue Traffic System Capacity Improvement project has been unable to proceed due to unsuccessful easement negotiations with affected property owners. As a result, reallocating the currently available funding from that project to the 13th Street and Grand Avenue project would allow the right-of-way acquisition and relocation activities to move forward without delay. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. 3 ATTACHMENT(S): 13th & Grand Map.pdf 13th-Grand.Amend3.pdf 4 ncollins10:29:23 AM pw:\\whks-pw.bentley.com:whks-pw-01\Documents\Projects\10147\41 CAD\Design\CADD_Files\Sheet_Files\SHT_H_10147.dgn DESIGN TEAM PROJECT NUMBER SHEET NUMBER CITY 2/27/2026 ENGLISHFILE NO.SHEET TITLE 13TH ST GRAND AVE GRAND AVE HARDING AVE EXISTING ROW EXISTING ROW PERMANENT EASEMENT: 166.7 SY ANTICIPATED FULL ACQUISITION 1302 HARDING AVE TRUST TEMPORARY EASEMENT: 7 SY PERMANENT EASEMENT: 19.7 SY 803 13TH ST BROWN FAMILY TRUST AERIAL ELECTRIC EASEMENT: 66.6 SY ELECTRIC FACILITIES EASEMENT : 2.8 SY 625 13TH STREET 625 13TH STREET LLC TEMPORARY EASEMENT: 55.3 SY PERMANENT EASEMENT: 59.4 SY 703 12TH ST SHAYONEE CHAKRABORTY TEMPORARY EASEMENT: 30.6 SY PERMANENT EASEMENT: 19.3 SY 1202 GRAND AVE TODD HOLCOMB TEMPORARY EASEMENT: 28.1 SY PERMANENT EASEMENT: 35.9 SY 1208 GRAND AVE JOSHUA MORENO EASEMENT: 33.2 SYTEMPORARY PERMANENT EASEMENT: 53.1 SY 1212 GRAND AVE ROBERT AND GAIL WHITE TEMPORARY EASEMENT: 45.1 SY PERMANENT EASEMENT: 53.2 SY 1218 GRAND AVE DONNA BRITTEN TEMPORARY EASEMENT: 32.3 SY PERMANENT EASEMENT: 63.4 SY 1209 GRAND AVE SEAN MCGUIRE & DIANE TRAN TEMPORARY EASEMENT: 15.3 SY PERMANENT EASEMENT: 64.2 SY 1213 GRAND AVE MELVIN & CHRISTINE CRIPPEN EASEMENT: 12.2 SYTEMPORARY PERMANENT EASEMENT: 68.7 SY 1217 GRAND AVE PAULA S VANDEWATER TEMPORARY EASEMENT: 20.14 SY PERMANENT EASEMENT: 171 SY 704 13TH ST HAROLD PIKE RECOVABLE TRUST TEMPORARY EASEMENT: 750.7 SY PERMANENT EASEMENT: 127.9 SY 1228 GRAND AVE 1228 GRAND LLC AERIAL ELECTRIC EASEMENT: 82.6 SY ELECTRIC FACILITIES EASEMENT: 10.5 SY TEMPORARY EASEMENT: 79.0 SY PERMANENT EASEMENT: 66.7 SY 1314 GRAND AVE MATTHEW SCOTT HAUBRICH TEMPORARY EASEMENT: 50.0 SY PERMANENT EASEMENT: 51.7 SY 1320 GRAND AVE MATTHEW SCOTT HAUBRICH TEMPORARY EASEMENT: 0 sy PERMANENT EASEMENT: 366.1 SY 1303 GRAND AVE ADVENTIST ASSOC. IOWA SEVENTH DAY TEMPORARY EASEMENT: 30.1 SY PERMANENT EASEMENT: 75.2 SY 1311 GRAND AVE ROGER & GARUNEE GRAU TEMPORARY EASEMENT: 33.3 SY PERMANENT EASEMENT: 87.0 SY 1317 GRAND AVE JOSEPH HOVICK TEMPORARY EASEMENT: 34.7 SY PERMANENT EASEMENT: 36.1 SY 1324 GRAND AVE MATTHEW SCOTT HAUBRICH TEMPORARY EASEMENT: 67.0 SY PERMANENT EASEMENT: 30.9 SY 1330 GRAND AVE ROBERT SUZANNE TEMPORARY EASEMENT: 26.4 SY PERMANENT EASEMENT: 66.4 SY 1323 GRAND AVE LAVONNE STAIERT TEMPORARY EASEMENT: 26.2 SY PERMANENT EASEMENT: 36.6 SY 1329 GRAND AVE MICHAEL & ASHLEY BAUMGARTEN 01 02 03 04 05 11 12 13 14 15 19181716 22 10 09 080706 20 21 GRAND AVE. 13 T H S T . PARCEL ID MAP GRAND AVE. AND 13TH ST. 5 AMENDMENT NO. 3 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 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 Additional Total Property Acquisition and Relocation services for the 2024/25 Traffic 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. 2 parcels, 1303 Grand Avenue and 1302 Harding Avenue, were identified as requiring total acquisition. Amendment 2 was for right-of-way acquisition of the 2 parcels by JCG Land Services, a subcontractor to WHKS, using the same procedures identified in Amendment 1. This Amendment is for relocation assistance services that follow the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. This work is to be provided by Midwest Right of Way as a subconsultant to JCG Land Services. See Attachment A for the Scope of Services Provided by Midwest Right of Way. Basis of Compensation For the services described above, the Client shall remunerate WHKS as follows: Billed Hourly with a Not-to-Exceed Fee of $74,800 including Expenses. External expenses include an administrative charge of 10 percent. Executed this day of March, 2026 City of Ames WHKS & CO. By: By: Printed Name: Printed Name: Derek J Thomas, P.E. Title: Title: Vice President 6 Page 2 of 5 PROPOSAL FOR SERVICES JCG Land Services City of Ames, Iowa – 13th Street and Grand Avenue Intersection Widening Relocation Assistance Services Justin Walton, Director of Public Works JCG Land Services 9001 Hickman Road, Suite 100 Urbandale, Iowa 50322 PROJECT UNDERSTANDING This project involves the total acquisition of two (2) parcels of property for an intersection widening project in Ames, Iowa. The total acquisition of the properties requires that the City provide residential and business relocation assistance to the property owners and displaced tenants. There may be four (4) displacements that will require relocation assistance services. The relocations will follow the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. PROJECT MANAGEMENT This task will involve coordination of all project elements so that work is initiated as it should be, appropriate progress is made, and schedules are met. Coordination and scheduling of all relocation activities will be the responsibility of the project manager. RELOCATION ASSISTANCE SERVICES Midwest Right of Way Services’ relocation agent will provide relocation assistance and advisory services in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. They will follow the general procedures, provide services, create and maintain records, and status reports as required. The tasks involved with relocation activities include initial interviews with displacees, preparation of studies, presentation of offers, inspecting replacement properties, attending closings, monitoring moves, processing and reviewing claims, and providing advisory services. ATTACHMENT A 7