REQUEST FOR PROPOSALS PROFESSIONAL ... OF DES MOINES ENGINEERING DEPARTMENT REQUEST FOR PROPOSALS PROFESSIONAL SERVICES FOR ON-CALL TRAFFIC IMPACT STUDY SERVICES Activity IDs 01-2016-022,

CITY OF DES MOINES

ENGINEERING DEPARTMENT

REQUEST FOR PROPOSALS

PROFESSIONAL SERVICES FOR

ON-CALL TRAFFIC IMPACT STUDY SERVICES

Activity IDs 01-2016-022, 01-2016-023, 01-2016-024

1. Purpose: The City of Des Moines, Iowa, (City) is hereby soliciting consultant proposals for professional

services for Fiscal Years 2017-2019 ON-CALL TRAFFIC IMPACT STUDY SERVICES. This request

invites qualified consultants to submit proposals for accomplishments of the items of work described below

under Scope of Services. Proposals shall be prepared and submitted in accordance with the requirements

described in this Request for Proposals (RFP). The City is interested in selecting up to three consulting firms

to provide on-call City-wide traffic impact study services, as needed. Once the firm(s) are selected,

professional services agreement(s) (see Attachment 4) will be negotiated. As required services are identified,

a supplemental agreement will be negotiated and executed (see Attachment 5) setting forth the specific traffic

engineering study authorized and the portion of the amount of the total compensation in the professional

services agreement authorized to be expended. Specific traffic engineering tasks for identified studies will be

defined by an individual scope of work and cost estimate prepared for each specific study. The cost estimate

for each specific task/study will be based on an hourly not-to-exceed fee amount which is included within the

total not to exceed compensation amount in the professional services agreement (Attachment 4).

On-call professional services selection will be effective for a period of three years, through June 2019.

There is no specific allocated dollar amount dedicated or assigned to anticipated tasks or studies to be

accomplished. The City does not guarantee a set amount of work or agreement value for potential

services.

The consulting firms are required to be prequalified as defined in the Iowa Department of Transportation’s

(IDOT) Policy and Procedure Manual, Policy No. 300.04, for the duration of the contract. Work under this

contract will require prequalification in work categories 236 – Traffic Operations Studies. Failure to remain

prequalified during the contract will result in cancellation of any remaining portion of the contract. Details

regarding prequalification are available on the IDOT Consultant Utilization webpage, http://www.prof-tech-

consultant.dot.state.ia.us/.

2. Project Description: The City is interested in selecting up to three consulting firms to provide on-call City-

wide traffic impact study services, as needed. The traffic impact studies will be completed for new site

developments or site re-developments within the City of Des Moines. The studies are expected to provide an

independent review of potential traffic impacts by a professional firm not otherwise involved with the site

development project. In general, the City will work with the selected firms on a study by study basis to

determine the types of services required on a specific study. The consultants are expected to be able to work

with City staff to obtain all necessary information to provide on-call traffic engineering services as required.

The services performed by the consulting firms may include, but are not limited to: traffic data collection,

traffic operations analysis, crash analysis, traffic modeling, and multi-modal accommodations review. The

studies will be on a defined schedule. Anticipated turn around requirements will include 20 working days to

provide draft studies to the City.

3. Proposal Submission: Responses to the RFP must be received by the City of Des Moines as follows:

Due Date: Tuesday, May 17, 2016

Time: Prior to Noon

Deliver To: Pamela S. Cooksey, P.E.

City Engineer

400 E. Court Avenue

Suite 200

http://www.prof-tech-consultant.dot.state.ia.us/

http://www.prof-tech-consultant.dot.state.ia.us/

Request for Proposals

April 2016

Des Moines, IA 50309

Number of copies: 5

During the proposal evaluation, the City reserves the right to request additional written information to assist

in the evaluation of proposals.

Proposals and written responses to the City’s request for additional information shall be signed by the proposer

(if an individual), by an officer of the proposing firm, or by a designated agent empowered to bind the firm in

a contract.

Upon receipt, the proposals shall become the property of the City of Des Moines for disposition or usage by

the City of Des Moines at its discretion.

4. Proposal Content: To standardize responses and simplify the comparison and evaluation of responses, all

statements must be organized in the manner set forth below, separated into sections, and appropriately labeled.

All information and materials requested shall be provided in the proposal under a single cover. The proposal

length shall be limited to a maximum of 15 single-sided pages total, including resumes, but not including

dividers, covers, and appendices requested below. Minimum font size shall be ten (10) point.

a. Business Organization. The full name and address of the firm’s organization and the branch office

that will perform the services described herein shall be stated. The Principal-in-Charge of the branch

office shall be identified. A statement shall be included from the firm that to the best of its knowledge,

there are no circumstances that shall cause a conflict of interest in performing services for the City of

Des Moines. A statement shall be included that the Insurance and Indemnification Requirements

included as Attachment 1 have been read and understood; and will be accepted by the Consultant

without modification upon entering into an agreement with the City of Des Moines.

b. Technical Approach and Scope of Work. Provide the planned approach in providing the services

requested, including the use of subconsultants (if needed), the firm’s ability to provide on-call traffic

engineering services, who will be the firm’s main point of contact and/or how the firm will serve the

City, and familiarity with relevant local and regional issues. Discuss the consultant’s use and familiarity

with Synchro/SimTraffic, VISTRO, and VISSIM traffic modeling packages. Discuss the consultant’s

ability to provide modeling and analysis of pedestrian and bicyclist interaction with vehicular traffic.

c. Related Technical Experience. Descriptions of four (4) traffic impact studies for new development or

re-development projects. The project descriptions must contain the scope of services performed,

location, and reference (contact person). Provide two traffic impact study samples in a digital appendix

to the proposal. The appendix can be contained on one (1) flash drive or one (1) CD/DVD.

d. Project Staffing and Organization. Qualifications of the project manager and personnel who will be

performing the work, including anticipated subconsultants, with specialized skills shall be highlighted.

A list of subconsultants that will be used (if any) and the work they will perform. Resumes for all key

personnel listed shall be included and show the following:

1. Name, specialty, and job title

2. Years of relevant experience with firm (and previous employers)

3. Academic degree(s), discipline, and year degree(s) received

4. Professional registrations

5. Office location where employed

6. A synopsis of experience, training or other qualities that reflect the individual’s related experience

and expected contribution to the project.

e. Timely Completion of the Project. Discuss the consultant’s and anticipated subconsultant’s current

workload and its ability to provide on-call traffic impact study services as the need arises. Provide an

anticipated timeframe from receipt of notice to proceed through delivery of final traffic impact study.

Discuss abilities and equipment to collect traffic data in an expedited timeframe. Describe schedules


April 2016

and completion timeframes for studies discussed in Part c. above.

f. Standard Hourly Billing Rates. Provide standard hourly billing rates for personnel classifications that

would likely be providing anticipated services described.

g. Additional Information. Provide any additional information regarding your firm’s experience and

capabilities that you feel would be important to the success of the project.

5. Presubmittal Conference: A presubmittal conference will not be held. All questions on the Request for

Proposal shall be directed to the Contact Person listed below.

6. Insurance Requirements: Attachment No. 1, Insurance and Indemnification Requirements, describes the

minimum insurance the consultant must have in order to enter into a professional services contract with the City

of Des Moines. All firms that submit proposals in response to this RFP will be required to accept and comply

with Attachment No. 1, Insurance and Indemnification Requirements if selected. These requirements are not

subject to negotiation.

7. Form of Contract: The City of Des Moines’ forms of contract will be used for professional services agreements

as projects are identified. A copy of the forms of contract are included in Attachments 4 and 5.

The contents of this RFP, of a proposal submitted in response thereto, and of the City's official response to a

question, objection, or request for clarification or interpretation regarding the RFP, and of any exception to the

RFP submitted by the successful proposer and accepted by the City, shall become part of the contractual

obligation and shall be deemed incorporated by reference into the ensuing contract.

8. Scope of Services: A proposed Scope of Services is included as Attachment 2. The proposed Scope of Services

is not intended to be a detailed scope of work that will be required as a part of the final professional services

agreement(s), but is intended to provide general information to firms wishing to submit proposals. It is the intent

of the City to draw upon the expertise and experience of firms submitting proposals as to their recommendations

as to exact tasks of work to accomplish City goals. The City will negotiate the detailed Scope of Services with

the successful firms as individual tasks/studies are identified, should the City elect to proceed with the studies.

9. Contact Person: Any questions concerning the proposals should be directed to Brian J. Willham, PE, PTOE,

Senior Traffic Engineer, City of Des Moines, 400 Robert D. Ray Drive, Des Moines, Iowa 50309, Phone

(515)283-4070, Email [email protected]

10. Proposer Questions, and Requests for Clarification or Interpretation: After issuance of an RFP, persons

or entities who intend to respond to such RFP by submission of a competitive proposal, and who have questions

regarding the RFP, or who object to any term, provision, or requirement of the RFP, or who desire clarification

or interpretation of any term, provision, or requirement of the RFP, may submit such questions, objections, or

requests for clarification or interpretation to the Contact Person named above no later than seven calendar days

prior to the proposal due date. Such questions, objections, requests for clarification or interpretation shall be

submitted in writing and shall clearly identify the individual or entity submitting same, including the name,

address, telephone number, FAX number and e-mail address, if any, of such person or entity.

11. City’s Response to Proposer Questions, Objections, and Requests for Clarification or Interpretation

Issuance of Addenda to RFP: Pamela S. Cooksey, P.E., City Engineer, will respond in writing to all

questions, objections, requests for clarification or interpretation presented to the City as provided above. Only

the City's written responses shall be considered the City's official response binding upon the City. In addition

to making a written response, the City may issue addenda amending the RFP by changing, deleting, or adding

terms, provisions, or requirements to the RFP.

Written answers to all written inquiries will be sent to all firms that have been sent this RFP and posted on the

City website at http://www.dmgov.org/Departments/Engineering/Pages/RFPs.aspx.

In no case will verbal communications override written responses or requirements of this RFP.

mailto:[email protected]

http://www.dmgov.org/Departments/Engineering/Pages/RFPs.aspx


April 2016

12. Proposer’s Communications with City Officials and Employees Restricted – Proposers Prohibited from

Attempting to Improperly Influence City Officials or Employees – Violation May Be A Crime- Violation

May Result in Rejection or Return of Proposal: After issuance of an RFP by the City, persons or entities

who intend to respond to such RFP by submission of a competitive proposal, and who desire to pose questions,

objections, requests for clarification or interpretation regarding any term, provision, or requirement of the RFP,

shall not attempt to contact or communicate with, in writing, electronically, or orally, any City official or

employee other than the designated contact person. After issuance of an RFP, persons or entities who intend

to respond to such RFP by submission of a competitive proposal shall not contact or communicate with, in

writing, electronically, or orally, any City official or employee in an attempt to gather information which would

be helpful in responding to the RFP, or in an attempt to influence the City's consideration of its competing

proposal. In addition, the City may refuse to accept or may return the proposal of any person or entity

determined to be in violation of this provision. Contacting other selection committee members will be

considered inappropriate and may lead to a loss of Selection Criteria points or disqualification, at the discretion

of the City Engineer.

13. Cost of Responding to this RFP: The City will not pay for any information requested in the RFP or any cost

incurred in submitting proposals, responding to additional questions, or participating in the interview process.

14. Evaluation and Selection Process: Proposals will be evaluated by a selection committee established by the

City using the Selection Criteria included in Attachment 3 to identify the firm or firms best qualified to meet

the City’s needs on this project. The firms deemed best qualified by the selection committee will be invited

for additional presentations and interviews. However, the City reserves the right to request interviews of any,

all, or none of the consultants.

15. Rejection of Proposals: The City reserves the right to reject any or all proposals in whole or in part and to

waive irregularities in proposals received.

All firms submitting proposals will receive a written response from the City as to which firm the City selected

to proceed with contract negotiation and award for services related to this RFP.

16. City Council Consideration of Evaluation and Selection Committee Recommendation as to Best

Proposal – Opportunity for Input by the Public: When the evaluation and selection committee's

recommendation comes before the City Council for consideration, the City Council may request that the

proposer whose proposal is recommended for selection appear before the Council to give a presentation or to

answer questions regarding its proposal. Competing proposers will not be allowed to speak at that time unless

a prior request has been made by such a proposer and permission to speak granted by the Mayor, or unless a

City Council member requests that the competing proposer be allowed to speak and the Council consents to

such request. Members of the public may likewise be allowed to speak regarding the selected proposal.

The City reserves the right to select another consultant to complete the Scope of Services if at any phase of

project development the City determines that the selected consultant is not performing work in accordance

with executed engineering services agreements.

17. Award of Contract: Award of contract, if any, will be to the consultant deemed best qualified by the City, in

accordance with the selection criteria, to perform the services outlined in this RFP.

18. Assignment of Contract Prohibited Unless Approved in Writing by the City: No contract awarded

pursuant to RFP shall be assignable by the successful proposer without the written consent of the City Council.

19. Statutes and Rules: Chapter 2, Municipal Code of the City of Des Moines, contains policies and procedures

for procurement under which this request for proposal is issued. The terms and conditions of this bid or request

for proposal, the resulting contract or purchase order or activities based upon this bid or request for proposal

shall be construed in accordance with the laws of Iowa. Where statutes and regulations of the United States

Government are referenced herein, they shall apply to this bid or request for proposal and resulting purchase

order or contract. Wherever differences exist between federal and state statutes or regulations affecting this


April 2016

procurement, interpretation shall be in the direction of that which is most beneficial to the interests of the City

of Des Moines.

20. Proposals Not Confidential: Proposer Requests for Confidentiality Under Iowa Open Records Law,

Chapter 22 of Iowa Code; Disclosure of Proposal Content: Under Chapter 22 of the Iowa Code,

“Examination of Public Records”, all records of a governmental body are presumed to be public records, open

to inspection by members of the public. Section 22.7 of the Iowa Code sets forth a number of exceptions to

that general rule, establishing several categories of “confidential records”. Under this provision, confidential

records are to be kept confidential, “unless otherwise ordered by a court, by the lawful custodian of the records,

or by another person duly authorized to release such information”. Among the public records which are

considered confidential under this Iowa Code provision, are the following:

3. Trade secrets which are recognized and protected as such by law.

6. Reports to governmental agencies which, if released, would give advantage to competitors and serve

no public purpose.

Under Chapter 22 of the Iowa Code, the City, as custodian of the proposal submitted in response to a Request

for Proposals, may, but is not required, to keep portions of such proposals confidential under exceptions 3. and

6. (noted above). If a responding individual or company in good-faith reasonably determines that a portion

or portions of its proposal constitute a trade secret, or should otherwise be kept confidential to avoid giving

advantage to competitors, a confidentiality request may be submitted with the proposal identifying which

portion or portions of the proposal or bid should be kept confidential and why. The burden will be on each

individual proposer to make such confidentiality request and to justify application of a confidentiality

exception to its proposal. The City will not under any circumstance consider the entire proposal to be a

confidential record.

If a request is thereafter made by a member of the public to examine a proposal including the portion or portions

thereof for which a confidentiality request has been made, the City will so notify the proposer and will keep

confidential that portion of the proposal covered by the confidentiality request, pending action by the proposer

requesting confidentiality to defend its request. In that notification, the proposer requesting confidentiality

will be given not more than 5 calendar days within which to file suit in Polk County District Court seeking the

entry of a declaratory order and/or injunction to protect and keep confidential such portion of its proposal.

Absent such action by a proposer requesting confidentiality, and absent the entry of a court order declaring

such portion or portions of the proposal confidential, the entire proposal will be released for public

examination. Proposer shall be responsible for all costs relating to a declaratory judgment or injunctive action,

including the payment of any damages assessed and attorney fees and litigation expenses awarded.

If the process for selecting the best proposal includes two or more evaluation stages, in which proposals are

evaluated at each stage and the field of competing proposals is reduced, all proposals submitted shall be kept

confidential, pursuant to Section 22.7 of the Iowa Code, subsection 6 cited above, until completion of the final

stage of the evaluation process in order to avoid giving advantage to competing proposers. Upon completion

of the final stage in the evaluation process, all competing proposals shall be subject to disclosure; if not

otherwise determined confidential as above provided.

21. Contract Compliance: All firms that submit proposals in response to this RFP agree to comply with the

requirements of the City of Des Moines Contract Compliance Program, which is available from the City

Engineer upon request or may be viewed at the following

website: http://www.dmgov.org/Departments/Engineering/PDF/Contract%20Compliance%20Program(Dece

mber%202012).pdf , and has been viewed by the Consultant.

http://www.dmgov.org/Departments/Engineering/PDF/Contract%20Compliance%20Program(December%202012).pdf

http://www.dmgov.org/Departments/Engineering/PDF/Contract%20Compliance%20Program(December%202012).pdf


April 2016

ATTACHMENT 1

CITY OF DES MOINES, IOWA

PROFESSIONAL SERVICES - GENERAL

INSURANCE & INDEMNIFICATION REQUIREMENTS

For purposes of this Attachment and all provisions included herein, the term "Consultant" means and includes the

Consultant, its officers, agents, employees, subcontractors, subconsultants and others under the control of

Consultant. The term “CITY” means the City of Des Moines, Iowa and its elected and appointed officials, agents,

employees and volunteers.

1. GENERAL

The Consultant shall purchase and maintain insurance to protect the Consultant and CITY throughout the

duration of the Agreement. Said insurance shall be provided by insurance companies “admitted” or

“nonadmitted” to do business in the State of Iowa having no less than an A. M. Best Rating of “B+.” All

policies, except professional liability, shall be written on an occurrence basis and in form and amounts

satisfactory to the CITY. Certificates of Insurance confirming adequate insurance coverage shall be submitted

to the CITY prior to Agreement execution or commencement of work and/or services.

2. INSURANCE REQUIREMENTS

A. WORKER’S COMPENSATION & EMPLOYER’S LIABILITY INSURANCE: The Consultant shall

procure and maintain Worker’s Compensation Insurance, including Employer’s Liability Coverage, both

written with State of Iowa statutory limits. Waiver of Subrogation in favor of the CITY is required.

B. COMMERCIAL GENERAL LIABILITY INSURANCE: The Consultant shall procure and maintain

Commercial General Liability insurance on an occurrence basis with limits of liability not less than

$1,000,000 per occurrence and/or aggregate combined single limit covering Personal Injury, Bodily Injury

and Property Damage. Coverage shall include: (a) Contractual Liability, (b) Premises and Operations, (c)

Products and Completed Operations, (d) Independent Contractors Coverage, (e) Personal and Advertising

Injury and (f) Explosion, Collapse and Underground- XCU (when applicable). Waiver of Subrogation

in favor of the CITY is required.

Coverage shall be no less comprehensive and no more restrictive than the coverage provided by ISO

standard Commercial General Liability Policy form ISO CG 0001 including standard exclusions or a non-

ISO equivalent form.

C. PROFESSIONAL LIABILITY INSURANCE: The Consultant shall procure and maintain Professional

Errors and Omissions Insurance with limits not less than $1,000,000 per claim and in the aggregate.

D. CONTRACTUAL LIABILITY: The General Liability Insurance policy shall include Contractual Liability

coverage equivalent to that included in ISO standard form CG 0001. To the extent available, the

Professional Liability Insurance policy shall also include Contractual Liability coverage. The CITY shall

not be included as an Additional Insured on either policy.

E. CANCELLATION & NONRENEWAL NOTIFICATION ENDORSEMENT: The General Liability

Insurance and Professional Liability Insurance policies shall be endorsed to provide the CITY with no less

than thirty (30) days Advance Written Notice of Cancellation, forty-five (45) days Advance Written

Notification for Nonrenewal and ten (10) days Written Notification of Cancellation due to non-payment

of premium. Written notifications shall be sent to: Engineering Department, City Hall, 400 Robert D. Ray Drive, Des Moines, Iowa 50309.

F. WAIVER OF SUBROGATION: To the fullest extent permitted by law, Consultant hereby releases the

CITY, including its appointed officials, agents, employees and volunteers and others working on its behalf,


April 2016

from and against any and all liability or responsibility to the Consultant or anyone claiming through or

under the Consultant by way of subrogation or otherwise, for any loss without regard to the fault of the

CITY or the type of loss involved including loss due to occupational injury. This provision shall be

applicable and in full force and effect only with respect to loss or damage occurring during the time of this

Agreement. The Consultant’s policies of insurance shall contain either a policy provision or endorsement

affirming the above stated release in favor of the CITY.

G. PROOF OF INSURANCE: The Consultant shall provide to the CITY Certificates of Insurance

evidencing all insurance coverage as required in paragraphs A through F above utilizing the latest version

of the ACORD form. The Certificate(s) of Insurance shall specify the Title of the Agreement under

“Description of Operations/Locations/Vehicle/Special Items”. A Copy of the Cancellation and

Nonrenewal Notification Endorsement shall be submitted with the Certificates of Insurance. Mail

Certificates of Insurance to: Engineering Department, City Hall, 400 Robert D. Ray Drive, Des Moines, Iowa 50309.

H. AGENTS, SUBCONSULTANTS AND SUBCONTRACTORS: The Consultant shall require that any

of its agents, subconsultants and subcontractors who perform work and/or services on behalf of the

Consultant purchase and maintain the types of insurance customary for the services being provided.

3. INDEMNIFICATION REQUIREMENTS

For other than professional services rendered, to the fullest extent permitted by law, Consultant agrees to

defend, pay on behalf of, indemnify, and hold harmless the CITY against any and all claims, demands, suits,

damages or losses, together with any and all outlay and expense connected therewith including, but not limited

to, attorneys’ fees and court costs that may be asserted or claimed against, recovered from or suffered by the

CITY by reason of any injury or loss including, but not limited to, personal injury; including bodily injury or

death, property damage; including loss of use thereof, and economic damages that arise out of or are in any

way connected or associated with Consultant’s work.

For professional services rendered, to the fullest extent permitted by law, Consultant agrees to pay on behalf

of, indemnify, and hold harmless the CITY against any and all claims, demands, suits, damages or losses,

together with any and all outlay and expense connected therewith including, but not limited to, attorneys’ fees

and court costs and economic damages that may be recovered from or suffered by the CITY that arise out of

any negligent act, error or omission of the Consultant.

Consultant’s obligation to indemnify the CITY contained in this Agreement is not limited by the amount or

type of damages, compensation or benefits payable under any workers’ compensation acts, disability benefit

acts, or other employee benefits acts.

The CITY shall not be liable or in any way responsible for any injury, damage, liability, claim, loss or expense

incurred by Consultant arising out of or in any way connected or associated with Consultant’s work, except to

the extent caused by or resulting from the negligent act or omission of the CITY.

Consultant expressly assumes responsibility for any and all damage caused to CITY property arising out of or

in any way connected or associated with Consultant’s work

Consultant shall ensure that its activities on CITY property will be performed and supervised by adequately

trained and qualified personnel and Consultant will observe all applicable safety rules.

For professional service agreements with a total estimated cost to the CITY of $500,000 or more, delete the

second paragraph of Section 3 above and replace it with the following:

For professional services rendered, to the fullest extent permitted by law, Consultant agrees to defend, pay

on behalf of, indemnify, and hold harmless the CITY against any and all claims, demands, suits, damages

or losses, together with any and all outlay and expense connected therewith including, but not limited to,


April 2016

attorneys’ fees and court costs and economic damages that may be asserted or claimed against, recovered

from or suffered by the CITY that arise out of any negligent act, error or omission of the Consultant.


April 2016

ATTACHMENT 2

SCOPE OF SERVICES

for


Activity IDs 01-2016-022, 01-2016-023, 01-2016-024

General: The proposed Scope of Services is not intended to be a detailed scope of work that will be

required as a part of the final professional services agreement(s), but is intended to provide general

information to firms wishing to submit proposals. The City will negotiate the detailed Scope of Services

with the successful firms as individual tasks/projects are identified, should the City elect to proceed with

the projects.

In general, the City will work with the selected firms on a study by study basis to determine the types of

services required on a project. The consultants are expected to be able to provide on-call traffic impact study

services as required. The studies will be on a defined schedule. Anticipated turn around requirements will

include 20 working days to provide draft studies to the City. The scope of services for the traffic impact studies

performed by the consulting firms may include, but are not limited to:

1. EXISTING CONDITIONS DATA COLLECTION

a. Land usage / Existing trip generation / distribution

b. Access locations / size

c. Aerial image

d. Adjacent streets

i. Functional Classification

ii. Width, number of lanes, intersection configurations

iii. Posted speed limits, On-Street parking

iv. Available Traffic Count Information (City or Iowa DOT)

e. Turning movement traffic counts at key intersections

i. AM and PM peak hours

ii. Midday and/or weekend peak hours if necessary

2. CRASH REVIEW

a. Review / Analyze Iowa DOT CMAT crashes in past 5 years

b. Describe details of any injury crashes

3. PROPOSED SITE IMPROVEMENTS REVIEW

a. Review Land usage

b. Develop proposed Institute of Transportation Engineers trip generation / distribution

c. Review access locations / size

d. Review Plan view drawing of improvements

e. Review Adjacent street impacts

i. Identify proposed changes (i.e. on-street parking)

ii. Future traffic volume forecasts (Des Moines MPO)

4. TRAFFIC MODELING

a. Develop Synchro/SimTraffic, VISTRO, or VISSIM traffic model for the following scenarios

i. Existing conditions

ii. Opening Day

iii. 20-year Projected No-Build

iv. 20-year Projected w/ proposed development

b. Perform Capacity / Queuing / Traffic Control / Geometric Impact Analysis for study intersections

c. Complete Warrant Analysis for proposed / recommended traffic control changes


April 2016

5. MULTIMODAL REVIEW

a. Pedestrian / Bicyclist / Transit Accommodations

i. Site considerations

ii. Connectivity to facilities near the site

6. CONCLUSIONS

a. Discuss potential concerns or modifications to the following:

i. Roadway / intersection safety or operations

ii. Traffic control / geometric impacts to the streets / intersections

iii. Pedestrian / Bicyclist / Transit accommodations

b. Discuss any trends in crash data

c. Recommendations in a technical memorandum or report


April 2016

ATTACHMENT 3

SELECTION CRITERIA

for


Activity IDs 01-2016-022, 01-2016-023, 01-2016-024

The consultant Selection Committee established by the City for this project will evaluate each firm in accordance

with the following criteria to identify the firm or firms best qualified to meet the City’s needs on this project. The

firms deemed best qualified by the Selection Committee will be invited for additional presentations and interviews.

However, the City reserves the right to request interviews of any, all, or none of the consultants

Item Description Rating Ranges

1. Technical Approach / Scope of Work (0 – 20)

Understanding of the RFP objectives and overall approach you

will use to complete the services outlined. Firm’s use of traffic

modeling software and pedestrian/bicyclist interaction with

vehicular traffic analysis.

2. Related Technical Experience (0 – 20)

Firm's experience with similar projects. Information on / from

listed references for which your firm has provided comparable

consulting services.

3. Project Staffing and Organization (0 - 20)

Description of qualifications and experience of project

manager, key personnel, and subconsultants that would

oversee and work on anticipated traffic impact studies.

4. Timely Completion of the Project (0 – 20)

Proven ability to complete traffic impact studies to meet

deadlines. Availability and responsiveness of key staff and

data collection equipment working on or used for the project.

5. Quality and Thoroughness of Proposal (0 – 10)

6. Geographic Location of your Firm (0 – 5)

7. Additional Factors (0 – 5)

a. City Experience. Familiarity with local/regional issues.

b. Other related information


April 2016

ATTACHMENT 4

AGREEMENT FOR PROFESSIONAL SERVICES: HOURLY


Activity IDs 01-2016-022, 01-2016-023, 01-2016-024

October 2015 / Revised April 2016 for On-Call Traffic Impact Study Services

CITY OF DES MOINES

AGREEMENT FOR PROFESSIONAL SERVICES: HOURLY

ON-CALL TRAFFIC IMPACT STUDY SERVICES - (CONSULTANT COMPANY NAME)

Activity ID 01-2016-022, 023, 024

THIS AGREEMENT for Professional Services (hereinafter “Agreement”) is made by and between the City of

Des Moines, Iowa, a municipal corporation organized and existing pursuant to the laws of the State of Iowa,

hereinafter referred to as the "City" and (Consultant Company Name, President/CEO Name, Title, and Complete

Address), hereinafter referred to as the "Consultant", being a corporation OR partnership organized and existing

under the laws of the State of ( ) and being duly authorized to do business in the State of Iowa. This Agreement

is not valid until signed by the City representative set out below.

WHEREAS, the City is desirous of obtaining professional services in connection with On-Call Traffic Impact Study

Services – (Consultant Company Name) (hereinafter the "Project"); and

WHEREAS, the Consultant is desirous of performing the professional services for the City in connection with On-

Call Traffic Impact Study Services – (Consultant Company Name) on a nonexclusive basis; and

WHEREAS, the City is desirous of entering into nonexclusive Agreements for Professional Services with

up to three consulting firms to provide on-call City-wide traffic impact study services, as services are

identified and needed by the City; and

WHEREAS, the Consultant shall not provide any services under this Agreement until a Supplemental

Agreement is negotiated and executed with the City to authorize the provision of services and the portion

of the total compensation set forth herein authorized for that particular service and a notice to proceed for

the Supplemental Agreement is issued.

NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:

SECTION 1 - GENERAL

A. PERFORMANCE: The performance of the Consultant is limited to the scope of services outlined as

hereinafter set forth.

1. The City may be entering into separate nonexclusive Agreements for Professional Services with up to

three separate consulting firms to provide on-call City-wide traffic impact study services, as services

are needed and identified. It is the City Engineer's sole decision and discretion which firm will be

selected to provide as needed site specific traffic impact studies. 2. The Consultant is not authorized to perform any services pursuant to this Agreement until a

Supplemental Agreement is executed for an individual study or task(s) assigned by the City and

such authorization shall only be for that individual study or task as set forth in a Supplemental

Agreement. The Supplemental Agreement shall also establish the portion of the not to exceed

amount set forth herein that is authorized for the individual study or task. There is no specific

allocated dollar amount dedicated or assigned to anticipated tasks or studies to be accomplished. The

City does not guarantee, and this Agreement does not provide for, a set amount of work or agreement

value for potential services. Specific dollar amounts for assigned individual studies or tasks, shall be

inclusive of and a part of the total not to exceed amount of this Agreement, and established through a

Supplemental Agreement for each study or task.

B. CONSULTANT'S REPRESENTATIONS: The Consultant represents and agrees that:

1. Consultant is an experienced licensed architectural and/or engineering firm having the ability and skill

necessary to perform all the services required of it under this Agreement in connection with the design

of the Project having the scope and complexity of the Project contemplated herein; and

2. Consultant has the capabilities and resources necessary to perform its obligations hereunder; and 3. Consultant is familiar with all current local, state and federal laws, rules and regulations which are

applicable to the design and construction of the Project (including but not limited to city ordinances

Agreement For Professional Services: Hourly Page 2


and building codes of city, state and federal authorities that are applicable to the Project) and that all

drawings, plans, specifications and other documents prepared by the Consultant must be prepared in

accordance with, and comply with all applicable laws, rules and regulations; and 4. All plans, drawings, specifications and other documents prepared pursuant to this Agreement must be

complete and functional for the purposes intended, and that the Project will be structurally sound and a

complete and properly functioning facility suitable for the purposes for which it is intended; and. 5. That all services provided by the Consultant shall be performed in a timely manner and shall be

performed with that degree of care, skill, and diligence ordinarily exercised under similar conditions

and in the performance of projects of a similar nature to the services contemplated by this Agreement

by competent members of the architectural and engineering professions. Consultant represents that it

has the experience and expertise necessary to provide design and engineering services to result in a

functional, operating Project. Consultant shall be responsible for all services provided under this

Agreement regardless of whether such services are provided by Consultant or by any subconsultant

hired by Consultant. 6. The Consultant is responsible for the professional quality, technical accuracy, timely completion and

the coordination of all plans, studies, designs, drawings, specifications, reports, and other services

furnished by Consultant for the City under this Agreement regardless of whether such drawings and

documents are prepared by the Consultant or by the Consultant’s subconsultant’s. The Consultant is

responsible for coordination and internal checking of all design documents and for the accuracy of all

information contained therein, as fully as if each document were prepared by the Consultant. The

Consultant shall, without additional compensation, correct or revise any errors, omissions, or other

deficiencies in its plans, studies, designs, drawings, specifications, reports, or other services. 7. The Consultant shall disclose to the City any conflict of interest on an individual study or task(s)

assigned before entering into the Supplemental Agreement for such services. The Consultant shall

disclose any existing, previous, proposed or pending client relationships with the development, entity

or business for which the services are needed before entering into the Supplemental Agreement.

3. CITY’S’ AUTHORIZED REPRESENTATIVE: The Des Moines City Manager is the liaison officer

between the Des Moines City Council and the Consultant. The City Manager has delegated the

administration, general supervision, and approval authority under this agreement to the City Engineer,

hereinafter City Engineer. The City Engineer is the City’s representative for administration of the services

to be performed under this Agreement, and shall receive all communications and information, arrange such

conferences as deemed necessary, secure, and obtain all comments, approvals, and notices to proceed from

the City, and transmit such comments, approvals, and notices to proceed to the Consultant. The services to

be performed by the Consultant under this Agreement shall at all times be subject to the general oversight

and administrative approval of the City Engineer.

D. CONFERENCES: As the performance of this Agreement progresses, conferences shall be held from time

to time at a mutually convenient location at the request of the City Engineer. The Consultant shall prepare

and present such information as may be pertinent or necessary to enable the City Engineer to pass critical

judgment on the features and progress of services under this Agreement. The Consultant shall make such

changes, amendments, or revisions in the detail of any phase of services under this Agreement as may be

required by the City Engineer. If alternates or alternatives are to be considered, the City Engineer shall

have the right of selection. The Consultant shall, at the request of the City Engineer, appear personally,

prepare and present such documents and explanations to the Des Moines City Council as may be requested.

E. INSURANCE AND INDEMNIFICATION: The Consultant shall purchase and maintain insurance in

accordance with the insurance requirements set forth in Attachment 1 to protect the Consultant and City

throughout the duration of this Agreement. The Consultant shall not commit any act which shall invalidate

any policy of insurance. The Consultant shall defend, indemnify and hold harmless the City in accordance

with the indemnification requirements set forth in Attachment 1. The Consultant shall be subject to all

terms and provisions set forth in Attachment 1 and the exhibits thereto.

F. PROGRESS REPORTS: The Consultant shall furnish the City with written monthly progress reports,

which shall indicate the percentage of work completed, together with a description of the work in progress

under this Agreement. The Consultant shall also, upon request of the City Engineer, furnish the necessary



documentation to verify the reported progress.

G. ACCESS TO CONSULTANT'S RECORDS: The Consultant shall maintain all books, documents,

papers, accounting records and other evidence pertaining to cost incurred in performing work covered by

this contract. The City Engineer shall have access to said documents and evidence for the purpose of

inspection, audit and copying during normal business hours. All said documents shall be retained for three

years from the date of final payment under the contract.

H. OWNERSHIP OF DOCUMENTS: Consultant agrees that the City shall become the sole and exclusive

owner of all designs, design plans, images, drawings, models, survey notes, reports, specifications, studies,

records and other data and documents, in whatever form and whatever stage of design, prepared under this

Agreement (“the Design Documents”). Consultant hereby irrevocably assigns, transfers and conveys to the

City all right, title and interest in and to the Design Documents and all intellectual property rights and

proprietary rights arising out of the Design Documents, including copyrights, patents, trademarks, and

derivative works and interests therein or related thereto. Consultant warrants to the City that the Design

Documents will be free from any claims or encumbrance of intellectual property or proprietary rights of

Consultant or any third party, including any employee, agent, contractor, sub-consultant, subcontractor,

subsidiary or affiliate of Consultant and Consultant will indemnify the City for any such claims or

encumbrances pursuant to Attachment 1. Upon completion or termination of this Agreement, Consultant

will immediately turn over to City all Design Documents not previously delivered to City.

To the extent any of Consultant’s rights in the Design Documents are not subject to assignment or transfer

hereunder, including any moral rights and any rights of attribution and of integrity, Consultant hereby

irrevocably and unconditionally waives such rights and enforcement thereof and agrees not to challenge the

City’s right in and to the Design Documents.

The City owns the Design Documents, but the City agrees not to re-use the Design Documents developed

and provided by the Consultant for this Project, in the construction of another project, without the prior

approval of the Consultant, except that the City may re-use such Design Documents, without the prior

approval of the Consultant, as long as the City shall indemnify the Consultant against any claim for

negligent design relating to its re-use of said Design Documents.

I. TERMINATION: If the City, in its sole discretion, should desire to suspend or terminate the services of

the Consultant under this Agreement, such suspension or termination may be effected by the City giving

the Consultant written notice. Payment shall be made by the City for services rendered by the Consultant

to date of termination as provided in Section 3, B.

J. CHANGES IN SCOPE OF SERVICES:

1. Extra Work: Authorization for extra work shall be evidenced by the City and Consultant in writing, in

the form of a Supplemental Agreement. At the discretion of the City, work not called out in the

Agreement or which is considered to be beyond the extent of a reasonable exploration of alternates

and/or "trial and error" solutions in design procedure may be classed as extra work. Extra work will

usually be of limited extent and may consist of, but is not necessarily limited to:

a. The introduction of new items of work beyond the stated or implied scope of the Agreement.

b. Redesign and/or detailing based on change of concept after prior approval and authorization to

proceed and causing appreciable loss of work accomplished. This item consists of work

required to revise plans and/or documents to the state of completion obtained prior to the order

for change.

At the option of the City, payment for extra work may be made on a fixed price; a cost plus a fixed fee;

time and materials; or other mutually-agreed basis. If the Consultant is of the opinion that any work

the Consultant has been directed to perform is beyond the scope of this Agreement and constitutes extra

work, the Consultant shall promptly notify the City in writing of that fact. In the event the City

determines that such work does constitute extra work, the City shall provide extra compensation to the

Consultant as provided for above. No extra work shall be performed by the Consultant without

receiving a written agreement from the City in advance.



Individual traffic studies that are authorized by Supplemental Agreements are within the total

not to exceed compensation authorization in Section 3, A herein are not extra work under this

Agreement or section.

2. Deletion of Work: Authorization for deletion of work shall be evidenced by the City in writing. At the

discretion of the City, work items listed in Section 2 - Scope of Services, or parts thereof, may be

deleted from the Project. Reduction to the Consultant's compensation as a result of deletion of work

shall be based on the cost estimate of the work deleted. In the event that the Consultant had performed

authorized work on the items deleted prior to deletion, the cost of such work shall be retained in the

Consultant's compensation.

K. NONDISCRIMINATION: The Consultant hereby acknowledges and agrees:

1. To comply with the Equal Employment Opportunity Program included in the City

of Des Moines Contract Compliance Program, which is available at

http://www.dmgov.org/Departments/Engineering/Pages/Documents.aspx or from the City Engineer’s

Office.

2. To comply with any and all applicable provisions of the Des Moines Human Rights Ordinance, Chapter

62 of the Des Moines Municipal Code.

3. Not to discriminate against any employees or applicants for employment on the basis of age, race,

religion, creed, color, sex, sexual orientation, national origin, ancestry, gender identify, familial status,

or disability.

4. To include this provision in all subcontracts for this Project.

5. Consultants shall comply with Attachment 1A. The Consultant shall be subject to all terms and

provisions set forth in Attachment 1A.

L. DISADVANTAGED BUSINESS ENTERPRISE/TARGETED SMALL BUSINESS (DBE/TSB)

PROGRAM: It is the policy of the City of Des Moines that Disadvantaged Business Enterprises (DBEs)

or Targeted Small Businesses (TSBs), as defined in the City Contract Compliance Program, shall have the

maximum opportunity to participate in the performance of City funded contracts and procurements. This

Professional Services Agreement does not include any DBE or TSB goal; however, the Consultant is

encouraged to solicit DBE or TSB participation, and whenever possible, include DBE or TSB

Subconsultants for a portion of the work.

M. SUBLETTING OR ASSIGNMENT TO SUBCONSULTANT: The Consultant shall not sublet, assign,

or otherwise dispose of any portion of the services to be provided by this Agreement without a written

permission to sublet signed by the City Engineer. Requests for permission to sublet, assign or otherwise

dispose of any portion of the services shall be in writing, and shall name the individual or organization to

serve as the subconsultant (the “Subconsultant”), which will perform the work, the work to be performed,

and the dollar amount of the work to be performed. When requested by the City Engineer, the Consultant

shall provide a written report showing that the Subconsultant is particularly experienced and equipped for

such work. Consent by the City for the Consultant to sublet, assign or otherwise dispose of any portion of

this Agreement, shall not relieve the Consultant of any responsibility for fulfillment of this Agreement, nor

shall it in any way create a contractual relationship between the City and the Subconsultant. The Consultant

agrees to include in and make a part of all subagreements all portions of this Agreement which relate to the

Subconsultants' work including the Nondiscrimination portions of this Agreement. Consultant agrees to

include in all subagreements that the City is an intended beneficiary of the subagreement. The following

listed Subconsultants shall be deemed to be approved when this Agreement is executed: (Enter Name or

None).

N. CLOSE-OUT OF AGREEMENT: Upon completion or termination of Services under this Agreement,

the Consultant shall provide the City the following documents:

1. Documents as stated in Section 1.G of the Agreement.

2. Statement of Final Invoice.

3. Written report showing the actual amounts paid by the Consultant for services under this Contract to

DBE/TSB if a goal is established.

O. LAWS, REGULATIONS AND CODES: The Consultant hereby agrees that:

http://www.dmgov.org/Departments/Engineering/Pages/Documents.aspx



1. All work done as part of this Agreement is subject to current Federal, State, or Local Laws, Regulations

and/or Codes and shall comply with such applicable Laws, Regulations and/or Codes.

2. All design and survey work under this Agreement shall be performed under the direction and control

of an engineer, surveyor, or architect licensed in Iowa. Engineering, architectural, and land surveying

documents, including plans, specifications, and reports, shall be sealed by an engineer, surveyor, or

architect licensed in Iowa.

3. Consultant shall design all Project elements to comply with all applicable Federal, State and local laws,

regulations and building codes, including but not limited to the Americans with Disabilities Act (ADA)

as amended.

P. ATTORNEYS’ FEES: In the event the City is required to enforce the provisions of this Agreement due

to a dispute between the Consultant and the City or to collect damages for the breach of this Agreement and

if the dispute results in the filing of a legal action and/or demand for arbitration, mediation, or other form

of alternative dispute resolution, or if the City is required to protect or defend itself, and the City prevails

in whole or in part, the City shall be entitled to reasonable attorney’s fees, costs and expenses, including

but not limited to out-of-pocket expenses, expert witness fees and costs, depositions, and other expenses of

the proceedings, including expenses of collection of any judgments or awards rendered there under.

Q. DEFENSE COOPERATION: In the event that the City has to defend any claim or legal action relating

to or resulting from goods or services pursuant to this Agreement, including but not limited to the Design

Documents, or any other service provided under this Agreement, the Consultant shall cooperate fully with

the City in defending such claim or action, including but not limited to, timely response to all requests by

the City.

R. CITY POLICY AND PROCEDURES: The Consultant hereby agrees to conform to City policy and

procedures as they relate to this Agreement. Such policy and procedure shall include but is not limited to

the following:

1. Invoice and billings for service.

2. City adopted Design Standards and specifications.

3. The Des Moines Engineering Department standard format for reports, plans, and/or specifications

includes:

a. Plan Sheets: 11”x 17” preferred and 24”x36” maximum size in Bentley Microstation digital format

preferred or alternate AutoCad format.

b. Reports and/or specifications: 8.5”x11” in Microsoft Word digital format.

c. Other formats only upon special approval of the City Engineer.

4. Plan-review process including site-plan and review by Boards and Commissions.

5. Include City Activity ID on all documents related to this Agreement.

S. NOTICE TO PROCEED: The Consultant shall not begin work until a written notice to proceed is issued

by the City Engineering Department for an executed Supplemental Agreement authorizing an individual

study or task assigned by the City. Section 2 of this Agreement is the scope of work to be provided on an

on-call basis which shall only be authorized through Supplemental Agreements and a notice to proceed for

each Supplemental Agreement. Supplemental Agreements will be for individual studies or tasks assigned

by the City. A notice to proceed is required for each executed Supplemental Agreement authorizing an

individual study or task(s) assigned by the City. A notice to proceed issued by the City is only for the

individual study or task assigned by the City in a Supplemental Agreement. Once the services are

performed under the Supplemental Agreement, the Consultant is not authorized to provide any further

services until another Supplemental Agreement is executed and a notice to proceed for that Supplemental

Agreement is issued.

T. INDEPENDENT CONTRACTOR STATUS: It is expressly understood that Consultant is an

independent contractor and not the agent or employee of the City. Consultant is not entitled to tax

withholding, workers' compensation, unemployment compensation, or any employee benefits, statutory or

otherwise. Consultant shall not have the authority to enter into any contract to bind the City and shall not

represent to anyone that Consultant has such authority.



U. USE OF CITY NAME AND INTELLECTUAL PROPERTY: Consultant agrees it will not use the City

name, logos, trademarks or any intellectual property of the City in any manner, including commercial

advertising, portfolio or other business reference, without the express prior written consent of the City.

V. CONFIDENTIALITY: Consultant agrees to hold in trust and confidence any confidential and proprietary

information, record, documents or data relating to City business that is identified by the City as confidential

and proprietary ("Confidential Information"). If Consultant receives a request for disclosure of Confidential

Information, Consultant shall immediately notify the City and cooperate with the City on a response to the

requestor of such information.

W. LAWS OF IOWA: This Agreement shall be governed by, construed and enforced in accordance

with the laws of the State of Iowa. Consultant, on behalf of itself and insurers, agrees and consents

that any causes of action arising out of this Agreement shall be brought in the appropriate court of

jurisdiction in Polk County, Iowa and consents, on behalf of itself and insurers, to the jurisdiction

of either the United States District Court, Southern District of Iowa or the Iowa District Court in

and for Polk County, Iowa.

SECTION 2 - SCOPE OF SERVICES

A. SERVICES PROVIDED BY CONSULTANT: Detailed Scope of Services shall be as stipulated in

Attachment No. 2, "Scope of Services," to Agreement and provided on an as needed basis by the City

through execution of Supplemental Agreements and notices to proceed for individual studies or tasks.

Supplemental Agreements are required to authorize individual studies or tasks assigned by the City.

B. OBLIGATION OF CITY TO CONSULTANT: The City shall:

1. Provide available information, such as topography, site plans, building plans, mapping, and other

information that mutually is agreed upon as pertinent to the Project.

2. Designate a liaison officer from the City who will work directly with the Consultant to coordinate the

collection of City-supplied data, arrange for meetings, and be responsible for the general coordination

between the City and the Consultant.

SECTION 3 - COMPENSATION: The Consultant shall be compensated by the City as follows:

A. HOURLY: Compensation to the Consultant for all services under this Agreement shall be on the basis of

hourly labor rates, and reimbursable costs as shown in the current Consultant’s Standard Fee Schedule as

shown in Attachment No. 3. This is an agreement for on-call traffic impact studies and Supplemental

Agreements are required before any services may be performed. The total compensation for the Project

services shall not exceed $150,000 without prior approval of the City. However, the Consultant is not

authorized to perform any services until a Supplemental Agreement is executed and a notice to

proceed is issued for the individual studies or tasks set forth in the Supplemental Agreement. Each

Supplemental Agreement shall specify the portion of the not to exceed amount provided for herein that is

authorized to be expended for the Supplemental Agreement. There is no specific allocated dollar amount

dedicated or assigned to anticipated tasks or studies to be accomplished. The City does not guarantee, and

this Agreement does not provide for a set amount of work or agreement value for potential services.

Specific dollar amounts for assigned studies or tasks will be negotiated through a Supplemental Agreement

for each study or task which will be an inclusive of and a part of the not to exceed amount set forth herein.

The Consultant shall bill services based on the Consultant’s current standard fee schedule at the time

services are rendered, subject to the fee schedule being approved by the City Engineer in writing. Any

adjustment or change in the standard fee schedule will not affect the maximum fee set forth above.

B. TERMINATION: In the event of termination under Section 1.I of this Agreement, compensation to the

Consultant shall be as follows:

1. Salary costs and reimbursable expenses incurred for completed portion of work to date of termination.



2. For incomplete portions of work, compensation for Consultant’s services rendered to date of

termination based upon the Consultant's standard hourly rates

3. Compensation due subconsultants for services rendered to the date of termination, plus reimbursable

expenses incurred for services.

C. DEFINITIONS: The following definitions shall be used:

1. Salary costs used as a basis for payment mean salaries and wages (basic and incentive) paid to all

Consultant's personnel engaged directly on the Project, including, but not limited to, engineers,

architects, surveyors, designers, technicians, specification writers, estimators, other technical and

business personnel; plus the cost of customary and statutory benefits including, but not limited to,

social security contributions, unemployment, excise and payroll taxes, workers' compensation, health

and retirement benefits, sick leave, vacation and holiday pay and other group benefits.

2. Reimbursable expenses mean the direct non-salary expenses incurred by the Consultant which are

directly attributable and properly allocable to the Project. Such costs are not included in the overhead

expense pool and may include: travel and subsistence, reproductions, computer charges, materials and

supplies.

D. TAX LIABILITY: Consultant agrees that Consultant is solely responsible for payment of income, social

security, and other employment taxes due to the proper taxing authorities, and that the City will not deduct

such taxes from payment to Consultant.

SECTION 4 - COMPLETION OF WORK: The Consultant shall complete all services outlined in this

Agreement on or before (Date) providing no unforeseen delays are experienced beyond the control and without the

fault or negligence of the Consultant.

SECTION 5 – PRIMARY CONTACTS FOR THIS AGREEMENT: The City Engineer has designated the

primary contact person for the City of Des Moines as Brian J. Willham, PE, PTOE, Senior Traffic Engineer, City

of Des Moines, 400 Robert D. Ray Drive, Des Moines, Iowa 50309, Phone (515)283-4070, Email

[email protected]. All communications directed to the City must be in writing to Brian Willham.

The primary contact person for (Consultant’s Company Name), shall be (Give Name of Company Contact Person,

Title, Address, Phone Number, E-Mail, Etc.). All communications directed to the Consultant must be in writing,

such as payments, contracts, etc., directed to (Company Contact Person).

Any notice required by this Agreement shall be in writing and may be personally delivered or sent by ordinary mail

to the addresses hereafter provided. Mailed notices shall be deemed to be received by the party to whom directed

when they are postmarked. Such notices and invoices shall be delivered or mailed to the following persons at the

addresses listed below:

To City: Brian J. Willham, PE, PTOE

Senior Traffic Engineer

City of Des Moines

400 Robert D. Ray Drive

Des Moines, Iowa 50309

To Consultant: Consultant Contact Name

Consultant Street Address

Consultant City, State and Zip Code

IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in triplicate, as of this ( ) day of

( ), 2016.

CITY OF DES MOINES, IOWA (CONSULTANT COMPANY NAME)



T.M. Franklin Cownie, Mayor (Name & Title)

FORM APPROVED: ATTEST:

Kathleen Vanderpool, Deputy City Attorney Diane Rauh, City Clerk


April 2016

ATTACHMENT 5

SUPPLEMENTAL AGREEMENT FOR PROFESSIONAL SERVICES


Activity IDs 01-2016-022, 01-2016-023, 01-2016-024

04/19/2016

CITY OF DES MOINES

SUPPLEMENTAL AGREEMENT NO. (1)

TO AGREEMENT FOR PROFESSIONAL SERVICES

ON-CALL TRAFFIC IMPACT STUDY SERVICES - (CONSULTANT COMPANY NAME)

Activity ID 01-2016-022, 023, 024

WHEREAS, on (RC Date), by Roll Call No. (XX-YYY), the City of Des Moines, Iowa, hereinafter referred to

as the “City”, and (Consultant Company Name, President/CEO Name, Title, and Complete Address),

hereinafter referred to as the “Consultant”, entered into a Professional Services Agreement (hereinafter

"Agreement"), in connection with the On-Call Traffic Impact Study Services - (Consultant Company Name);

and

(If there are previous supplements, add following “WHEREAS” statement. If there are no previous

supplements, delete entire field)WHEREAS, Supplement Agreements No. 1 through No. # have been executed

by the City and Consultant for a total amount of $XX,XXX which is included within the total not to exceed

amount of the original agreement; and

WHEREAS, the City staff has negotiated a Supplemental Agreement No. (#) for professional services with the

Consultant for the traffic impact study services for (Development Project Name/Description); and

WHEREAS, in accordance with Chapter 2 of the Municipal Code, the City Engineer may approve changes that

do not exceed the lesser of ten percent of the original agreement amount or $15,000; and

WHEREAS, this amendment authorizes an individual task and service which compensation is included within

the total not to exceed amount of the Agreement.

NOW, THEREFORE, IT IS MUTUALLY AGREED, that the Agreement for Professional Services,

On-Call Traffic Impact Study Services - (Consultant Company Name) is amended as follows:

SECTION 1 – GENERAL, B. CONSULTANT REPRESENTATIONS, is amended by adding the

following:

“8. Consultant represents and states Consultant has no conflict of interest in performing

services under this Supplemental Agreement for the City. Consultant represents and states

Consultant does not have an existing, previous, proposed or pending client relationship

with the development, entity or business for which the services to be provided hereunder

arise from.”

SECTION 2 - SCOPE OF SERVICES, Paragraph A, SERVICES PROVIDED BY

CONSULTANT, is amended by adding the following:

“Consultant shall provide traffic impact study services for (Development Project

Name/Description) as set forth in Attachment 1 to this Supplemental Agreement.”

SECTION 3 – COMPENSATION, Paragraph A, is amended by adding the following:

“Compensation for services under this Supplemental Agreement shall be in accordance with

the terms of said original Professional Services Agreement for an amount not to exceed $( )

which is inclusive of and a part of the total not to exceed amount of the Agreement.”

SECTION 4 – COMPLETION OF WORK, is amended by adding the following:

“The Consultant shall complete all services outline in Supplemental Agreement No. (#) on or

before (Date), providing no unforeseen delays are experienced beyond the control of the

Consultant.”

BE IT FURTHER AGREED, that all other terms and conditions of the original (RC Date) Agreement shall

remain in full effect except as modified by this Supplemental Agreement No. (#).

IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in duplicate, as of this ( ) day

of ( ), 20( ).

CITY OF DES MOINES, IOWA (CONSULTANT COMPANY NAME)

Professional Services Supplement Agreement No. ( # ) Page 2

(Project Name)

(Activity ID)

Pamela S. Cooksey, P.E., (Officer Name, Title)

Des Moines City Engineer

Form Approved:

Kathleen Vanderpool, Deputy City Attorney