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HomeMy WebLinkAbout~Master - July 9, 2024, Regular Meeting of the Ames City Council1.Proclamation for "Parks and Recreation Month," July 2024 2.Recognition of City of Ames Animal Shelter and Animal Control on achieving a 90% Save Rate for the 2023 calendar year 3.Motion approving payment of claims 4.Motion approving Summary of Minutes of Regular City Council Meeting on June 25, 2024 5.Motion approving Civil Service Candidates 6.Motion approving Report of Change Orders for period June 16-30, 2024 7.Motion approving a new Class C Retail Alcohol License with Outdoor Service and Catering Privilege - Mullets, 4815 Mortensen Road, Suite #101, Pending Favorable DIA and Fire Inspection 8.Motion approving extension of Outdoor Service for Class C Retail Alcohol License with Outdoor Service - Tip Top Lounge, 201 East Lincoln Way, Pending Dramshop Review 9.Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Applebee's Neighborhood Grill & Bar, (105 Chestnut Street), Class C Retail Alcohol License b. Sportsman's Lounge, (123 Main Street), Class C Retail Alcohol License with Living Quarters, Pending Dramshop Review c. AJ's Liquor II, (2515 Chamberlain Street), Class E Retail Alcohol License d. HuHot Mongolian Grill, (703 S. Duff Avenue Suite #105), Special Class C Retail Alcohol License 10.Motion approving interim policy to implement State of Iowa stormwater regulations AGENDA REGULAR MEETING OF THE AMES AREA METROPOLITAN PLANNING ORGANIZATION (AAMPO) TRANSPORATION POLICY COMMITTEE AND REGULAR MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS - CITY HALL JULY 9, 2024 NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public during discussion. The Standards of Decorum, posted at the door and available on the City website, define respectful conduct for public participation. If you wish to speak, please fill out the form on the tablet outside the door to the Council Chambers or scan the QR Code to the right to fill out the same form on a personal device. When your name is called, please step to the microphone, state your name for the record, and keep your comments brief so that others may have the opportunity to speak. CALL TO ORDER: 6:00 p.m. REGULAR MEETING OF THE AMES CITY COUNCIL** **The Regular City Council Meeting will immediately follow the meeting of the Ames Area Metropolitan Planning Organization Transportation Policy Committee. PROCLAMATIONS: PRESENTATION: CONSENT AGENDA : All items listed under the Consent Agenda will be enacted by one motion. There will be no separate discussion of these items unless a request is made prior to the time the Council members vote on the motion. 1 11.Resolution approving Commission on the Arts (COTA) Fall 2024 Special Project Grant contracts 12.Resolution accepting completion of Arts Capital Grant with Ames Writers Collective and authorizing payment in the amount of $2,066.47 13.Resolution approving Electric Facilities Agreement with Iowa Department of Transportation 14.Resolution approving Professional Services Agreement with HDR Engineering, Inc. of Omaha, Nebraska for creation of a Comprehensive Safety Action Plan in an amount not to exceed $124,905, contingent upon execution of the AAMPO SS4A grant agreement 15.Resolution approving plans and specifications for the FY 2023/24 Airport Improvement Program (wildlife fence project), setting July 30, 2024, as the bid due date and August 6, 2024, as date of Public Hearing 16.Underground Trenching Contract for Electric Services: a. Resolution approving primary contract with Communications Data Link, Grimes, Iowa, for the one-year period from July 1, 2024, through June 30, 2025, in an amount not to exceed $250,000 b. Resolution approving secondary contract with Ames Trenching & Excavating, Ames, Iowa, for the one-year period from July 1, 2024, through June 30, 2025, in an amount not to exceed $175,000 17.Resolution awarding contract to WESCO Distribution of Des Moines, Iowa for the purchase of primary cable in the amount of $135,462.00 18.Resolution awarding contract to Play-Pro Recreation, Clive, Iowa for Playground Equipment for Stuart Smith Park in the amount of $59,990 19.Resolution awarding contract to Play-Pro Recreation, Clive, Iowa for Playground Equipment for Bandshell Park in the amount of $72,440 20.Resolution awarding contract to Hiway Truck Equipment of Fort Dodge, Iowa for the purchase of an aerial platform, dumping chip box, and accessories for a new forestry truck in the amount of $154,102 21.Resolution awarding a contract to American Vet Works Inc. of Newport, New York for the purchase of 2 all-electric SUVs - one each for Water Administration, and Electric Services Engineering, for a total of $81,990 22.Resolution awarding Year Two of the Five-year lime sludge disposal contract to Wulfekuhle Injection and Pumping of Peosta, IA, in an amount not to exceed $392,140 23.Resolution approving contract and bond for the 2023/24 Water System Improvements (Kellogg Avenue & 11th Street) with Jet Drain Services, LLC, of Ames, Iowa 24.Resolution approving contract and bond for the 2024/25 Clear Water Diversion Program - Douglas Avenue (14th Street - 16th Street) with Iowa Water & Waste Systems LLC of Ames, Iowa 25.Resolution approving contract and bond for the 2024/25 Right-Of-Way Restoration with Alpha Landscapes LLC of Johnston, Iowa 26.Resolution accepting final completion of Year Two of the Water Plant Well Rehabilitation Contract 27.Resolution accepting final completion of the WPC Facility Caterpillar G379 Methane/Natural Gas Engine Generator Overhaul Project 28.Vacation of right-of-way adjacent to 302 and 212 Sondrol Ave and conveyance to 302 Sondrol, LLC a. Resolution setting date of Public Hearing as July 23, 2024, for the vacation of the 10' strip of right-of-way adjacent to 302 and 212 Sondrol Avenue b. Resolution setting date of Public Hearing as July 23, 2024, to approve the conveyance of the vacated 10' strip of right-of-way adjacent to 302 and 212 Sondrol Avenue to 302 Sondrol, LLC., for $10,177.20 (as determined by the City's standard formula) PUBLIC FORUM : This is a time set aside for comments from the public on topics of City business 2 29.Presentation on Diversity, Equity, and Inclusion (DEI) annual update 30.Changes to electric rates to a dopt revenue-neutral rate adjustments to better align with cost-of- service study recommendations, to add optional Time-of-Use rates, and to adjust the Large Customer Interruptible Option bill credits a. First passage of ordinance 31.Request to Initiate Zoning Text Amendment to allow Social Service Uses within the O-SFC (Single Family Conservation Overlay) Zoning District a. Motion to allow/not allow application for text amendment 32.Steven L. Schainker Plaza Ice Skating Ribbon Status Report 33.Hearing on Major Site Development Plan For Dunkin' Donuts at 209 Lincoln Way: a. Resolution approving Major Site Development Plan for 209 Lincoln Way 34.Hearing on Water Pollution Control Facility Nutrient Reduction Modifications Phase 1: a. Motion to accept the report of bids and delay a decision on whether or not to award until the July 23, 2024 City Council meeting 35.Participation with agencies, boards, and commissions: a. Discover Ames (ACVB) b. Ames Economic Development Commission (AEDC) c. Story County Emergency Management Agency (SCEMA) d. Ames Transit Agency Board of Trustees 36.Motion to hold Closed Session as provided by Section 21.5(1)(c), Code of Iowa, to discuss matters presently in or threatened to be in litigation other than those listed on this agenda. Please understand that the Council will not take any action on your comments at this meeting due to requirements of the Open Meetings Law, but may do so at a future meeting. ADMINISTRATION: ELECTRIC: PLANNING AND HOUSING: PARKS AND RECREATION: HEARINGS: DISPOSITION OF COMMUNICATIONS TO COUNCIL: REPORT OF GOVERNING BODY: COUNCIL COMMENTS: CLOSED SESSION: ADJOURNMENT: Please note that this agenda may be changed up to 24 hours before the meeting time as provided by Section 21.4(2), Code of Iowa. 3 To:Mayor & City Council From:City Clerk's Office Date:July 5, 2024 Subject:Proclamation for "Parks and Recreation Month," July 2024 Item No. 1 MEMO Proclamation for "Parks and Recreation Month," July 2024 City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 4 To:Mayor & City Council From:Renee Hall, City Clerk Date:July 5, 2024 Subject:Recognition of Ames Animal Shelter Item No. 2 MEMO Recognition of City of Ames Animal Shelter and Animal Control on achieving a 90% Save Rate for the 2023 calendar year City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 5 To:Mayor and City Council From:City Clerk's Office Date:July 3, 2024 Subject:Approval of Minutes Item No. 4 MEMO Attached are the minutes for the Regular Meeting of the Ames City Council on June 25, 2024, for your review and approval. /cmw ATTACHMENT(S): C24-0625 Summary.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 6 1 SUMMARY OF MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA JUNE 25, 2024 The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:03 p.m. on the 25th day of June, 2024, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Amber Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins. Ex officio Emily Boland joined the meeting electronically. CONSENT AGENDA: Moved by Betcher, seconded by Junck, to approve the consent agenda. 1. Motion approving payment of claims 2. Motion approving Summary of Minutes of the Joint Meeting of the Ames Human Relations Commission and Ames City Council on June 11, 2024, and Special Meeting on June 18, 2024 3. Motion approving Report of Change Orders for period June 1-15, 2024 4. Motion approving ownership updates for Class E Retail Alcohol License - Kum and Go #200, 4510 Mortensen Road 5. Motion approving ownership updates for Class E Retail Alcohol License - Kum and Go #216, 203 Welch Avenue 6. Motion approving ownership updates for Class E Retail Alcohol License - Kum and Go #0217, 3111 South Duff Avenue 7. Motion approving ownership updates for Class E Retail Alcohol License - Kum and Go #227, 2108 Isaac Newton Drive 8. Motion approving ownership updates for Class E Retail Alcohol License - Kum and Go #1113, 2801 East 13th Street 9. Motion approving ownership updates for Class E Retail Alcohol License - Kum and Go #1215, 4506 Lincoln Way 10. Motion approving new Special Class C Retail Alcohol License - Apres Bar Co., 520 6th Street, City Auditorium, Pending Dramshop Review 11. Motion approving new 5 Day (July 10 - July 15, 2024) for Special Class C Retail Alcohol License with Outdoor Service - Thirsty Pigs, LLC, Chamberlain Street for Campustown After Sundown 12. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Red Lobster #0747, 1100 Buckeye Avenue, Class C Retail Alcohol License, Pending Dramshop Review b. La Casa Maya, 631 Lincoln Way, Class C Retail Alcohol License with Outdoor Service, Pending Dramshop Review c. Welch Ave Station, 207 Welch Avenue, Class C Retail Alcohol License d. Kwik Star #1158, 1910 Isaac Newton Dr., Class E Retail Alcohol License e. Riconcito Hispano Tienda y Taqueria, 823 Wheeler Street Suite #1, Class C Retail Alcohol License 13. Motion approving Requests from Ames Main Street for Campustown After Sundown on 7 2 July 11, 2024: a. Motion approving Blanket Temporary Obstruction Permit b. Motion approving Blanket Vendor Permit c. RESOLUTION NO. 24-339 approving Road Closures of Chamberlain Street from Stanton Avenue to Campustown Lot Z d. RESOLUTION NO. 24-343 approving Road Closure of Stanton Avenue from Chamberlain Street to Legacy Tower Parking Garage e. RESOLUTION NO. 24-344 approving waiver of fees for Blanket Vendor Permit (Loss of $50 to the City Clerk's Office) f. RESOLUTION NO. 24-345 approving waiver of parking meter fees and enforcement ($12.00 Loss to the Parking Fund) 14. Motion approving requests from Ames Main Street for Campustown Farmer's Market on August 13, 2024: a. Motion approving Blanket Temporary Obstruction Permit b. Motion approving Blanket Vendor Permit c. RESOLUTION NO. 24-346 approving Road Closures of Chamberlain Street from Stanton Avenue to Campustown Lot Z d. RESOLUTION NO. 24-347 approving Road Closure of Stanton Avenue from Chamberlain Street to Legacy Tower Parking Garage e. RESOLUTION NO. 24-348 approving waiver of fees for Blanket Vendor Permit (Loss of $50 to the City Clerk's Office) f. RESOLUTION NO. 24-349 approving waiver of parking meter fees and enforcement ($12.00 Loss to the Parking Fund) 15. Motion approving requests from Ames Main Street for Farm to Table on Sunday, August 4, 2024: a. Motion approving Blanket Temporary Obstruction Permit b. Motion approving use of City-owned electricity c. Motion approving Temporary Outdoor Service August 8, 2024, for Class C Retail Alcohol License with Outdoor Service - Noir, 229 Main Street, Pending Dramshop Review d. RESOLUTION NO. 24-350 approving Street Closure of Kellogg Avenue from Main Street to 5th Street e. Motion approving/denying request to utilize roping in place of fencing for alcohol area 16. Motion approving requests from Octagon Arts Center for Octagon Art Festival on September 22, 2024: a. RESOLUTION NO. 24-351 approving closure of the following streets, from 5:00 a.m. to 6:00 p.m.: i. Main Street, east of Clark (not blocking Wells Fargo Driveway) to just west of Duff Avenue (allowing traffic to access parking lot behind businesses ii. Douglas Avenue, 5th Street to Main Street iii. Kellogg Avenue, south of the alley to Main Street iv. Burnett Avenue, south of the alley to Main Street b. RESOLUTION NO. 24-352 approving waiver of costs for electricity during the event (estimated at $10) 8 3 c. Motion approving of a Blanket Temporary Obstruction Permit for the Central Business District d. Motion approving of a Blanket Vending License for the duration of the event e. RESOLUTION NO. 24-353 approving waiver of fee for Blanket Vending License ($50) 17. Motion approving salaries of Council Appointees for FY 2024/25 18. RESOLUTION NO. 24-354 adopting Annual Fee Schedule for FY2024/25 19. RESOLUTION NO. 24-355 approving and adopting Supplement No. 2024-3 to the Municipal Code 20. RESOLUTION NO. 24-356 approving Pay Plan for FY 2024/25 21. RESOLUTION NO. 24-357 approving renewal agreement for Safety Services with IAMU in an amount not to exceed $142,750 for July 1, 2024, through June 30, 2025 22. RESOLUTION NO. 24-358 accepting renewal quote of the City's membership in the Iowa Communities Assurance Pool (ICAP) in an amount not to exceed $801,832 23. RESOLUTION NO. 24-359 accepting second year guaranteed premium quote from Midwest Employers Casualty Company for 2024/25 Excess Worker's Compensation Insurance Renewal 24. RESOLUTION NO. 24-360 approving Liability Brokerage Agreement with Knapp Tedesco in the amount of $28,000 for the period of July 1, 2024, through June 30, 2025 25. RESOLUTION NO. 24-361 approving contract renewal with EMC Risk Services, LLC, Des Moines, Iowa to provide third party administration of the City's Worker's Compensation and Municipal Fire and Police "411 System" claims for August 1, 2024, through July 31, 2025 26. RESOLUTION NO. 24-362 approving Property Brokerage Agreement with Willis Towers Watson in the amount of $55,000 for July 1, 2024 through June 30, 2025 27. RESOLUTION NO. 24-363 approving renewal of Property Insurance Coverage for FY 2024/25 at a combined quoted premium of $994,308 28. RESOLUTION NO. 24-364 awarding one-year renewal of contract with Gallagher Benefit Services, Inc., West Des Moines, Iowa for Health Benefits Brokerage, Consulting and Actuarial Valuation Services beginning July 1, 2024 29. RESOLUTION NO. 24-365 approving Professional Service Agreement with WHKS of Ames, Iowa for Ames Plan 2040 Sanitary Sewer Utility Infrastructure - (Sewer Extension at 265th Street and 550th Avenue) in the amount not to exceed $273,300 30. RESOLUTION NO. 24-366 approving Professional Services Agreement with Farris Engineering of Omaha, Nebraska, for Ames Well Field Generator Mitigation Project in an amount not to exceed $107,200 31. RESOLUTION NO. 24-367 for the award of contract for FY 2024/25 Fuel Purchases for CyRide 32. RESOLUTION NO. 24-368 awarding contract renewal to Stratus Building Solutions, of West Des Moines, IA for Custodial Services at City Hall in the amount not to exceed $84,962.00 33. RESOLUTION NO. 24-369 approving preliminary plans and specifications for 2024/25 Shared Use Path Maintenance program, setting July 17, 2024 as bid due date and July 23, 2024 as date of Public Hearing 34. RESOLUTION NO. 24-370 approving Change Order No. 2 to Con-Struct, Inc, Ames, IA for Fitch Family Indoor Aquatic Center Bid Package 33-1 Demolition and Earthwork in 9 4 the amount of $45,419 35. RESOLUTION NO. 24-371 approving Change Order No. 2 to Primoris Electric, Inc., Inver Grove Heights, MN, for Relocation of 161kV Transmission Line from Ames Plant to NE Ankeny due to a reduction in scope of work from IDOT in the amount of ($192,618.40) 36. RESOLUTION NO. 24-372 accepting 2022/23 Storm Water Erosion Control (Clear Creek Bank Stabilization - Utah Drive) project as completed by Iowa Earth Works of Huxley, Iowa in the amount of $61,147.72 37. RESOLUTION NO. 24-373 accepting completion of Stormwater Management (Chapter 5B) at Neighbors Heating & Cooling, 2700 Graham, and releasing four-year maintenance security in full 38. RESOLUTION NO. 24-374 accepting completion of landscaping requirements at Tesla Supercharger Station, 1910 Isaac Newton Drive, and releasing security in full 39. RESOLUTION NO. 24-375 accepting completion of public improvements at Ansley Subdivision 1st Addition and reducing financial security to $220,263.75 40. RESOLUTION NO. 24-376 accepting Refuse-Derived Fuel (RDF) Storage Bin Repair project as completed by Neumann Brothers Inc, of Des Moines, Iowa, in the amount of $1,608,028.59 Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. PUBLIC FORUM: The Public Forum was opened by Mayor Haila. Sue Ravenscroft, Ames, discussed concerns with the CYTown development and advocated for improvements to the Iowa State Center. Lauris Olson, Home Allies, Inc., Ames, shared her efforts to help the homeless population in Ames, thanking the City Council for allocating funding to those projects. She also encouraged the City Council to allocate funding through ASSET to assist displaced tenants. Orville Berbano, Mission Ridge Homeowners Association, Ames, presented traffic concerns on Mortensen Road, requesting City Council action on implementing a proactive solution. The Public Forum was closed by Mayor Haila when no one else came forward to speak. FY 2025/26 ASSET PRIORITIES: Assistant City Manager Pa Vang Goldbeck presented the Council Action Form (CAF). Moved by Betcher, seconded by Corrieri, to adopt RESOLUTION NO. 24-377 approving FY 2025/26 ASSET Priorities. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. FY 2024/25 ASSET CONTRACT WITH THE SALVATION ARMY: Assistant City Manager Vang Goldbeck reviewed the request to amend the contract. 10 5 Mayor Haila opened the Public Input. Kathy Pinkerton, The Salvation Army, detailed the emergency shelter services provided by the local Ames office of The Salvation Army, emphasizing the significant increase in the community’s need for these services. Mayor Haila closed the Public Input when no one else came forward to speak. Moved by Beatty-Hansen, seconded by Gartin, to adopt RESOLUTION NO. 24-378 approving amendment to FY 2024/25 ASSET Contract with The Salvation Army to add $100,000 for temporary emergency shelter services. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. ASSET TENANT RELOCATION SERVICES: Assistant City Manager Vang Goldbeck elaborated on the request and reviewed the time sensitive factors. The Public Input was opened by Mayor Haila. Kathy Pinkerton, The Salvation Army, shared that the local Ames office of the Salvation Army would be able to assist displaced tenants. She discussed issues many of the tenants are encountering. Mayor Haila noted that the City Council would defer to staff on the issues outside of the scope of the City Council that Ms. Pinkerton discussed. The Public Input was closed by Mayor Haila when no one else came forward to speak. Moved by Gartin to approve Alternative 1: Allocate $25,000 of unspent FY 2023/24 ASSET funds to be used for assistance to displaced tenants at 228 and 232 Welch Avenue and authorize staff to enter into contracts with ASSET agencies under the contract stipulations mentioned in the Council Action Form (CAF). Motion withdrawn. Moved by Corrieri, seconded by Betcher, to adopt RESOLUTION NO. 24-379 approving the allocation of $25,000 of unspent FY 2024/25 ASSET Funds be used to support housing services presently funded through ASSET and the authorization of staff to enter into agreements with ASSET agencies currently under contract for those services. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. DOWNTOWN FACADE GRANTS: Planning and Housing Director Kelly Diekmann presented the two applications for grant funding. Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 24-380 awarding Downtown Facade Grants for Spring of Fiscal Year 2023-24. 11 6 Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. NORTH DAYTON AVENUE INDUSTRIAL PARK TAX INCREMENT FINANCING (TIF) AGREEMENT WITH DAYTON AVENUE DEVELOPMENT LLC: Director Diekmann reviewed the amendment. Moved by Gartin, seconded by Betcher, to adopt RESOLUTION NO. 24-381 approving amendments to the Development Agreement. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Betcher, seconded by Gartin, to adopt RESOLUTION NO. 24-382 finding the developer in compliance with the development agreement for substantiation of public improvement costs to allow for approval of the first year of the TIF rebate. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. THE BLUFFS AT DANKBAR FARMS SUBDIVISION FINAL PLAT SECOND ADDITION: Director Diekmann presented the Final Plat. Moved by Gartin, seconded by Betcher, to adopt RESOLUTION NO. 24-383 approving sidewalk deferral request. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Rollins, seconded by Gartin, to adopt RESOLUTION NO. 24-384 accepting Financial Security for Public Improvements. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Betcher, seconded by Corrieri, to adopt RESOLUTION NO. 24-385 approving Final Plat. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. REZONING OF 113 NORTH DAKOTA FROM RESIDENTIAL LOW DENSITY (RL) TO RESIDENTIAL MEDIUM DENSITY (RM) WITHIN URBAN CORRIDOR DESIGNATION: Planner Ameila Schoeneman discussed the request for rezoning. Mayor Haila opened and closed the Public Input when no one came forward to speak. Moved by Corrieri, seconded by Junck, to approve Option 1: Interpret that medium-density housing can be consistent with UC and initiate a rezoning to RM with a PUD Overlay. Vote on Motion: 6-0. Motion declared carried unanimously. 12 7 DRAFT REQUEST FOR PROPOSAL (RFP) FOR DEVELOPMENT OF SURPLUS CITY LAND AT HARRISON AND WELBECK: Director Diekmann presented the RFP development parameters and requirement. The Public Input was opened by Mayor Haila. Ryan Davis, 4201 Crestmoor Avenue, Ames, highlighted the benefits that the land provided to the neighborhood as open space and encouraged the City Council to reconsider development. Orville Berbano, Ames, discussed his experience living in homes with geothermal systems and noted the long-term cost savings. The Public Input was closed by Mayor Haila when no one else came forward to speak. Moved by Beatty-Hansen, seconded by Corrieri, to approve Alternative 1: Direct staff to finalize the RFP with no specific Open Space requirement and to include the general terms identified by staff in the report. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Rollins, seconded by Beatty-Hansen, to request for informational purposes only the expected sales price of the homes as a part of the response to the RFP. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Gartin to remove Item No. 13 from the RFP parameters and requirements. Motion failed due to lack of second. 12-MONTH CLASS E RETAIL ALCOHOL LICENSE - NEIGHBORHOOD LIQUOR AND SMOKES: Chief of Police Geoff Huff reviewed the Council Action Form and explained his recommendation to deny the application. Mayor Halia noted that per the request of the applicant, the City Council would refrain from taking action on this item until after the Closed Session, which also related to Neighborhood Liquor and Smokes. Mayor Haila then opened the Public Input. Alfredo Parrish, Parrish Kruidenier Law Firm, advocated for approval of the license on behalf of his client, who was the license holder. Mayor Haila closed the Public Input when no one else came forward to speak. SCOPE OF STORM WATER MODELING FOR CONSERVATION SUBDIVISION ORDINANCE CHANGES: Planner Schoeneman presented the scope of services of the consultant and reviewed the project timeline. The Public Input was opened by Mayor Haila. Jeri Neal, 916 Ridgewood Avenue, Ames, noted support of the recommendation of staff on 13 8 behalf of the Friends of Ada Hayden. The Public Input was closed by Mayor Haila when no one else came forward to speak. Moved by Gartin, seconded by Betcher, to approve Alternative 1: Direct staff to finalize a scope of work for stormwater analysis of three scenarios. Vote on Motion: 6-0. Motion declared carried unanimously. ICE ARENA COORDINATOR POSITION FTE ADJUSTMENT: Parks and Recreation Director Keith Abraham highlighted the impact a full-time Ice Area Coordinator would have on the ability of the Department to provide quality services to the community. Moved by Gartin, seconded by Rollins, to adopt RESOLUTION NO. 24-386 to approve increasing the Ice Arena Coordinator position from 0.75 FTE to 1.0 FTE, beginning July 1, 2024. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. US FOREST SERVICE INFLATION REDUCTION URBAN AND COMMUNITY FORESTRY GRANT: Parks and Facilities Superintendent Joshua Thompson and City Forester Gabi Edwards discussed the award of funding through the US Forest Service Inflation Reduction Urban and Community Forestry Grant program. Moved by Betcher, seconded by Corrieri, to adopt RESOLUTION NO. 24-387 approving agreement with the Arbor Day Foundation accepting US Forest Service Inflation Reduction Urban and Community Forestry Grant in the amount of $810,500. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. THIRD READING AND ADOPTION OF ORDINANCE NO. 4532 ON A ZONING TEXT AMENDMENT TO THE ZONING ORDINANCE FOR A NEW EXCEPTION AND RELATED STANDARDS FOR OUTDOOR STORAGE IN THE GENERAL INDUSTRIAL (GI) ZONING DISTRICT: Moved by Beatty-Hansen, seconded by Betcher, to pass on third reading and adopt ORDINANCE NO. 4532 on a Zoning Text Amendment to the Zoning Ordinance for a new exception and related standards for outdoor storage in the General Industrial (GI) Zoning District. Roll Call Vote: 6-0. Motion declared carried unanimously. THIRD READING AND ADOPTION OF ORDINANCE NO. 4533 REZONING 2212 OAKWOOD AND ADJACENT RIGHT-OF-WAY FROM AGRICULTURAL (A) TO SUBURBAN RESIDENTIAL LOW DENSITY FLOATING ZONE (FS-RL): Moved by Beatty-Hansen, seconded by Corrieri, to pass on third reading and adopt ORDINANCE NO. 4533 Rezoning 2212 Oakwood and Adjacent Right-of-Way from Agricultural (A) to Suburban Residential Low Density Floating Zone (FS-RL). Roll Call Vote: 6-0. Motion declared carried unanimously. THIRD READING AND ADOPTION OF ORDINANCE NO. 4534 RELATING TO 14 9 ZONING TEXT AMENDMENT FOR 20% ALTERNATIVE DESIGN ADJUSTMENTS TO GENERAL AND BASE ZONE DEVELOPMENT STANDARDS: Moved by Betcher, seconded by Rollins, to pass on third reading and adopt ORDINANCE NO. 4534 relating to Zoning Text Amendment for 20% Alternative Design Adjustments to General and Base Zone Development Standards. Roll Call Vote: 6-0. Motion declared carried unanimously. THIRD READING AND ADOPTION OF ORDINANCE NO. 4535 ON ZONING TEXT AMENDMENT ON UPDATES TO CHAPTER 9 FLOOD PLAIN ZONING REGULATIONS: Moved by Rollins, seconded by Gartin, to pass on third reading and adopt ORDINANCE NO. 4535 on Zoning Text Amendment on updates to Chapter 9 Flood Plain Zoning Regulations. Roll Call Vote: 6-0. Motion declared carried unanimously. THIRD READING AND ADOPTION OF ORDINANCE NO. 4536 ON ZONING TEXT AMENDMENT TO ALLOW MIXED-USE DEVELOPMENT IN THE RESEARCH AND INNOVATION ZONING DISTRICT (ISU RESEARCH PARK): Moved by Rollins, seconded by Corrieri, to pass on third reading and adopt ORDINANCE NO. 4536 on Zoning Text Amendment to allow Mixed-Use Development in the Research and Innovation Zoning District (ISU Research Park). Roll Call Vote: 6-0. Motion declared carried unanimously. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there were twelve items to consider. The first item was from Jode Edwards regarding bicycle safety. Moved by Beatty-Hansen, seconded by Rollins, to take no action. Vote on Motion: 6-0. Motion declared carried unanimously. A memo from Fleet Director Corey Mellies concerning the Utility Payment Drop Box was the second item. Moved by Beatty-Hansen, seconded by Rolins, to take no action. Vote on Motion: 6-0. Motion declared carried unanimously. The third item was a letter from Tim Shuck on trash collection. City Manager Steve Schainker noted that this item was for informational purposes only. A memo from Director of Public Works John Joiner regarding a code enforcement update was the fourth item. Moved by Gartin, seconded by Rollins, to request a memo from staff. Vote on Motion: 6-0. Motion declared carried unanimously. The fifth item was a memo from Director Diekmann regarding a Zoning Text Amendment. Moved by Gartin, seconded by Beatty-Hansen, to place the item on a future agenda. 15 10 Vote on Motion: 6-0. Motion declared carried unanimously. An email from Orville Berbano regarding bicycle and pedestrian safety in Little Bluestem Court was the sixth item. Moved by Betcher, seconded by Rollins, to request staff conduct an analysis. Vote on Motion: 6-0. Motion declared carried unanimously. The seventh item was from Jennifer Adams concerning Campustown Public Improvements. Moved by Betcher, seconded by Rollins, to request that the Mayor respond to the individual. Vote on Motion: 6-0. Motion declared carried unanimously. Affordable Housing suggestions from Mark Clipsham was the eighth item. Moved by Gartin, seconded by Rollins, to request the Mayor respond to the individual. Vote on Motion: 6-0. Motion declared carried unanimously. The ninth item was initiated by a request from Jamie Shore for a 4-Way Stop at Ada Hayden Road and McFarland Avenue. Moved by Corrieri, seconded by Betcher, to request a memo from the Traffic Engineer regarding this item. Vote on Motion: 6-0. Motion declared carried unanimously. An email concerning excessive speeds on Northwestern Avenue from Carol Lippard was the tenth item. Moved by Rollins, seconded by Beatty-Hansen, to request staff respond to the individual. Vote on Motion: 6-0. Motion declared carried unanimously. The eleventh item was a request from Scott Moorman regarding a Downtown Façade Grant for Moorman Clothiers. Moved by Corrieri, seconded by Betcher, to place the item on a future agenda. Vote on Motion: 6-0. Motion declared carried unanimously. A memo from City Manager Schainker was the final item concerning the appointment of Director Joiner as the Interim Municipal Engineer. City Manager Schainker noted that the item was for information only. REPORT OF GOVERNING BODY: The Mayor and City Council Members provided highlights from their attendance at various board and commission meetings. COUNCIL COMMENTS: The Mayor and City Council Members reported on various events attended, upcoming meetings, community events, and items of interest. 16 11 Moved by Beatty-Hansen, seconded by Rollins, to request a memo from staff with information regarding considerations for a municipal infraction for a landlord that is negligent in the upkeep in such a way that it displaces tenants as well as information on resources that can be proactively communicated to tenants in similar situations. Vote on Motion: 5-1, Gartin dissenting. Motion declared carried. CLOSED SESSION: Mayor Haila asked City Attorney Mark Lambert if there was a legal reason to go into Closed Session. Attorney Lambert replied in the affirmative, citing Section 21.5(1)(c), Code of Iowa, to discuss matters presently in or threatened to be in litigation. City Attorney Lambert emphasized that the City Council delayed the vote on Item No. 49 until after the Closed Session. He made clear for the record that Item No. 49 would not be discussed in the Closed Session, rather conversations would focus on a litigation matter. Moved by Gartin, seconded by Junck, to go into closed session at 8:45 p.m. Roll Call Vote: 6-0. Motion declared carried unanimously. The City Council reconvened in Regular Session at 9:04 p.m. Moved by Betcher, seconded by Beatty-Hansen, to not accept the settlement offer that was discussed in Closed Session. Roll Call Vote: 6-0. Motion declared carried unanimously. 12-MONTH CLASS E RETAIL ALCOHOL LICENSE - NEIGHBORHOOD LIQUOR AND SMOKES: Moved by Beatty-Hansen, seconded by Rollins to deny a 12-month Class E Retail Alcohol License - Neighborhood Liquor and Smokes, 3505 Lincoln Way, Suite 105. Roll Call Vote: 6-0. Motion declared carried unanimously. ADJOURNMENT: Moved by Beatty-Hansen, seconded by Junck, to adjourn the meeting at 9:06 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. __________________________________ ____________________________________ Carly M. Watson, Deputy City Clerk John A. Haila, Mayor __________________________________ Renee Hall, City Clerk 17 To:Mayor & City Council From:City Clerk's Office Date:July 5, 2024 Subject:Approval of Civil Service Candidates Item No. 5 MEMO Attached are the minutes for the Regular Meeting of the Civil Service Commission held on June 27, 2024. /rh ATTACHMENT(S): June 27 Civil Service Minutes.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 18 MINUTES OF THE REGULAR MEETING OF THE AMES CIVIL SERVICE COMMISSION AMES, IOWA JUNE 27, 2024 The Regular Meeting of the Ames Civil Service Commission met in regular session in the Council Chambers of City Hall, 515 Clark Avenue, with Commission Members, Harold Pike, Larry Conley, and Kim Linduska present. Chairperson Kim Linduska called the meeting to order at 8:15 AM on June 27, 2024. Also in attendance was Commission Clerk, Vicki Hillock, Human Resources Director, Bethany Ballou, and Human Resources Officer, Lindsay Moeller. APPROVAL OF MINUTES OF MAY 23, 2024: Moved by Pike, seconded by Conley, to approve the Minutes of the May 23, 2024, Regular Service Commission meeting. Vote on Motion: 3-0. Motion declared carried unanimously. CERTIFICATION OF ENTRY-LEVEL APPLICANTS: Moved by Linduska, seconded by Conley, to certify the following individuals to the Ames City Council as Entry-Level Applicants: Communications Specialist Kati Frahm 86 Allyson Mann 80 Adrienne Bergman 79 Ice Arena Manager Michael Lady 76 Principal Clerk – Electric & Admin Svs Britanny Clayton 90 April Betzer 76 Gretchen Janssen 75 Emily Randall 73 Lindsey Schaefer 71 Sustainability Coordinator Nolan Sagan 74 Treatment Plant Maintenance Worker William Smith 85 Jacob Madsen 77 Andrew Lockey 75 Jason Loots 75 Mark Rogers 73 Matt Hammond ** ** Indicates carryover from prior certified list Vote on Motion: 3-0. Motion declared carried unanimously. REQUEST TO REMOVE NAME FROM AND EXHAUST POLICE OFFICER LIST: Moved by Pike, seconded by Linduska to remove name from and exhaust the Police Officer entry-level certified list. COMMENTS: The next Regular Meeting will be held in-person on Thursday, July 25, 2024, at 8:15am. ADJOURNMENT: The meeting adjourned at 8:22 AM. __________________________________ _______________________________________ 19 Kim Linduska, Chairperson Vicki Hillock, Commission Clerk 20 To:Mayor & City Council From:City of Ames Purchasing Division Date:July 5, 2024 Subject:Report of Contract Change Orders Item No. 6 MEMO The Report of Change Orders for period June 16-30, 2024, is attached for your review and consideration. /cmw ATTACHMENT(S): Change Order Report - June 16-30, 2024.docx City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 21 REPORT OF CONTRACT CHANGE ORDERS Department General Description of Contract Contract Change No. Original Contract Amount Contractor/ Vendor Total of Prior Change Orders Amount this Change Order Change Approved By Purchasing Contact (Buyer) Public Works 2022/23 Storm Water Erosion Control (Clear Creek Bank Stabilization) 1 $75,615.40 Iowa Earth Works $0.00 $-(14,467.68)J. Joiner KS Electric Services Distribution Cable 1 $59,808.68 Border States $0.00 $2,500.00 D. Kom JB $$$ $$$ $$$ $$$ Period:1st – 15th 16th – End of Month Month & Year:June 2024 For City Council Date:July 9, 2024 22 To:Mayor and City Council From:Grace Bandstra, Deputy City Clerk Date:June 25, 2024 Subject:New Class C Retail Alcohol License with Outdoor Service and Catering Privilege - Mullets, 4815 Mortensen Road, Suite #101, Pending Favorable DIA and Fire Inspection Item No. 7 MEMO Please see the attached documentation for a motion approving a new Class C Retail Alcohol License with Outdoor Service and Catering Privilege - Mullets, 4815 Mortensen Road, Suite #101, Pending Favorable DIA and Fire Inspection. ATTACHMENT(S): Mullets Application.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 23 Page 1 of 2 Applicant NAME OF LEGAL ENTITY SALT AMORA, LLC NAME OF BUSINESS(DBA) Mullets Ames BUSINESS (515) 250-9187 ADDRESS OF PREMISES 4815 Mortensen Road PREMISES SUITE/APT NUMBER 101 CITY Ames COUNTY Story ZIP 50014 MAILING ADDRESS 4815 Mortensen Road CITY Ames STATE Iowa ZIP 50014 Contact Person NAME Jordan Cook PHONE (308) 672-5104 EMAIL gm@mulletsames.com License Information LICENSE NUMBER LICENSE/PERMIT TYPE Class C Retail Alcohol License TERM 12 Month STATUS Submitted to Local Authority EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS SUB-PERMITS Class C Retail Alcohol License PRIVILEGES Catering, Outdoor Service 24 Page 2 of 2 Status of Business BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Miranda Cook Ames Iowa 50014 Owner 50.00 Yes Jordan Cook Ames Iowa 50014 Owner 50.00 Yes Insurance Company Information INSURANCE COMPANY Auto Owners Insurance Company POLICY EFFECTIVE DATE May 23, 2024 POLICY EXPIRATION DATE May 23, 2025 DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE 25 To:Mayor and City Council From:Grace Bandstra, Deputy City Clerk Date:July 9, 2024 Subject:Extension of Outdoor Service for Class C Retail Alcohol License with Outdoor Service -Tip Top Lounge, 201 East Lincoln Way Item No. 8 MEMO Please see the attached application for a motion approving extension of Outdoor Service for Class C Retail Alcohol License with Outdoor Service - Tip Top Lounge, 201 East Lincoln Way. ATTACHMENT(S): Tip Top 07.21 - 07.22.pdf Tip Top - extension of outdoor service.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 26 Page 1 of 2 Applicant NAME OF LEGAL ENTITY A & K LLC NAME OF BUSINESS(DBA) Tip Top Lounge BUSINESS (515) 231-8388 ADDRESS OF PREMISES 201 E Lincoln Way PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 3315 146th Cir CITY Urbandale STATE Iowa ZIP 50323 Contact Person NAME Andrew White PHONE (515) 231-8388 EMAIL whitecor@aol.com License Information LICENSE NUMBER LC0029665 LICENSE/PERMIT TYPE Class C Retail Alcohol License TERM 12 Month STATUS Pending Dramshop Review TENTATIVE EFFECTIVE DATE Jan 1, 2024 TENTATIVE EXPIRATION DATE Dec 31, 2024 LAST DAY OF BUSINESS SUB-PERMITS Class C Retail Alcohol License 27 Page 2 of 2 PRIVILEGES Outdoor Service Status of Business BUSINESS TYPE Limited Liability Company Ownership No Ownership information found Insurance Company Information INSURANCE COMPANY Founders Insurance Company POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE July 21, 2024 OUTDOOR SERVICE EXPIRATION DATE July 22, 2024 BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE 28 29 30 To:Mayor John Haila and Ames City Council Members From:Lieutenant Mike Arkovich, Ames Police Department Date:June 13, 2024 Subject:Beer Permits & Liquor License Renewal Reference City Council Agenda Item No. 9 MEMO The following licenses are eligible for renewal: a. Applebee's Neighborhood Grill & Bar, (105 Chestnut Street), Class C Retail Alcohol License b. Sportsman's Lounge, (123 Main Street), Class C Retail Alcohol License with Living Quarters, Pending Dramshop Review c. AJ's Liquor II, (2515 Chamberlain Street), Class E Retail Alcohol License d. HuHot Mongolian Grill, (703 S. Duff Avenue Suite #105), Special Class C Retail Alcohol License A review of police records for the past 12 months found no liquor law violations for Applebee’s Neighborhood Grill & Bar, Sportsman’s Lounge, and AJ’s Liquor II. Therefore, the Ames Police Department recommends the license renewal for these businesses. A review of the police records for the past 12 months found one compliance check failure for HuHot Mongolian Grill. They passed one follow-up compliance check after the initial failure. The Ames Police Department will encourage this establishment to better identify patrons and check IDs. The Police Department will also encourage them to attend training and conduct their own compliance checks. The Police Department will continue to monitor this establishment by conducting regular foot patrols, compliance checks, and evaluating their safeguards. Therefore, the Ames Police Department recommends the license renewal for this business. City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 31 ITEM #:10 DATE:07-09-24 DEPT:PW SUBJECT:INTERIM POLICY TO IMPLEMENT STATE OF IOWA STORMWATER REGULATIONS COUNCIL ACTION FORM BACKGROUND: Senate File 455 (SF455), Relating to the Regulation of Topsoil and Storm Water at Construction Sites, was signed into law by the Governor on April 10, 2024. This legislation becomes effective on July 1, 2024. SF455 modifies Code of Iowa Section 364.3, Powers and Duties of Cities, by adding the following limitations to powers of cities: Topsoil Preservation: Cities shall not adopt requirements for topsoil preservation, compaction, placement, or depth that are more restrictive than Iowa NPDES General Permit No. 2 (GP2). Allowable Release Rate: Cities shall regulate stormwater runoff only to the extent that rainfall events having a return frequency from 5- through 100-years do not require a post-construction flow rate more restrictive than the flow rate generated by the 5-year rainfall based on actual existing condition of the site at the time construction commences. Offsite Pass-Through Flows: Cities shall regulate stormwater runoff from upstream properties only to the extent that stormwater runoff be allowed to pass through downstream stormwater management facilities at the same flow rate as upstream offsite runoff entering the construction site. INTERIM POLICY: Staff from Public Works, Planning, and Legal will work together to draft changes to the Municipal Code to reflect the requirements of the new SF 455. Once developed, the changes will be brought to City Council for consideration at a later date. In the interim, the following policies will supersede any associated requirements in Municipal Code: Topsoil: Topsoil shall be stripped, stockpiled, and respread in accordance with Iowa NPDES Permit No. 2. A soil management plan shall be provided that includes a site map that identifies areas where soils and vegetation will not be disturbed and shows where topsoil will be stripped and stockpiled. Stormwater Release Rates: For rainfall events having a return frequency from 5- through 100-years, the rate of runoff from any specific development site after completion shall not exceed the predevelopment peak runoff from a 5-year frequency storm. Offsite Stormwater Pass-though: For any specific development project, detention of runoff generated by upstream land is not required. Any stormwater management features may be designed to accommodate the pass-through flow of any upstream area draining into or through the project site. 32 ALTERNATIVES: 1. Approve the interim policy to implement State of Iowa stormwater regulations. 2. Direct staff to modify the proposed policy. CITY MANAGER'S RECOMMENDED ACTION: State law regarding local stormwater regulations has been modified, and several aspects of the City's current ordinance are in conflict with the new law. To remain in compliance with State law, these proposed interim policies must be approved and followed while formal changes to the Municipal Code are being developed. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No.1, as noted above. 33 ITEM #:11 DATE:07-09-24 DEPT:ADMIN SUBJECT:FALL 2024 COMMISSION ON THE ARTS (COTA) SPECIAL PROJECT GRANT CONTRACTS COUNCIL ACTION FORM BACKGROUND: On June 3, 2024, the Commission on the Arts (COTA) finalized its recommendations for Fall 2024 Special Project Grants. Four grant requests were received totaling $3,750. COTA has $7,915 in funding available for Fall 2024 and Spring 2025 Special Project grants. The requests and COTA's recommendations are described in the table below: ORGANIZATION REQUEST PROJECT RECOMMENDATION Ames Choral Society $1,000 Website Redesign $900 Co'Motion Dance Theater $1,000 Arts as Alchemy $920 Ames Town and Gown $750 75th Anniversary Concert $730 Story Theater Company $1,000 Fall Musical: Cinderella $960 TOTAL $3,750 $3,510 Copies of the contracts were sent to the awarded organizations for approval and have been returned. The contracts are now presented for the City Council's approval. ALTERNATIVES: 1. Approve the Fall 2024 COTA Special Project Grant contracts as recommended. 2. Refer the contracts to COTA for further information. 3. Do not approve the contracts. CITY MANAGER'S RECOMMENDED ACTION: Special project grants help advance participation in and awareness of the arts in the Ames community, which is a key goal of the Commission on the Arts. COTA has reviewed the requests and has recommended the approval of the contracts now presented to the City Council. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 34 ITEM #:12 DATE:07-09-24 DEPT:ADMIN SUBJECT:ACCEPTANCE OF AMES WRITERS COLLECTIVE ARTS CAPITAL GRANT PROJECT COUNCIL ACTION FORM BACKGROUND: On March 8, 2022, the City Council approved a contract with Ames Writers Collective (AWC) for the Arts Capital Grant Program. This program is open to individuals, non-profits, or businesses that propose projects that create, renovate, or improve a space for arts or artists (e.g., performance space, exhibition space, classrooms, demonstration space, studio space, etc.). The original contract with AWC, in the amount of $5,590, was for the purchase of tables and chairs, bookshelves, modular couches, and equipment for the AWC property located at 409 Douglas Avenue. In June 2023, AWC reported to City staff that delays to renovations by the landlord at the property would result in the commitments in the grant being unable to be fulfilled. Therefore, on September 26, 2023, the City Council approved an amended contract with AWC for alternative projects. The amended contract, in the original amount of $5,590, provided for AWC to purchase a tent for use at farmers markets, festivals and other events, and to purchase chairs, tables, a moveable stage, and a Little Free Library. This equipment would be stored and used at the KHOI property at 622 Douglas Avenue. The duration of the contract was extended to June 30, 2024. AWC has obtained all the equipment identified in the grant contract and is now requesting payment and closeout of the grant. The required documentation of the completed improvements has been received, along with the required reimbursement request form. Two previous payments totaling $3,523.53 have been issued, and therefore the balance of the grant, in the amount of $2,066.47, is being requested. ALTERNATIVES: 1. Accept completion and authorize final payment and closeout of the Art Capital Grant with Ames Writers Collective in the amount of $2,066.47. 2. Refer this item back to staff for further information. CITY MANAGER'S RECOMMENDED ACTION: Ames Writers Collective has completed the project described in its amended Arts Capital Grant, and all required documentation has been submitted. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 35 ITEM #:13 DATE:07-09-24 DEPT:ELEC SUBJECT:IOWA DEPT. OF TRANSPORTATION - NW WING TRANSFORMER RELOCATION COUNCIL ACTION FORM BACKGROUND: Electric Services provides service to the Iowa Department of Transportation’s (IDOT) main campus at 800 Lincoln Way. The NW Wing of the IDOT Administration Building was constructed in the early 1970s. At that time, two sets of overhead-style transformers were installed in the basement of the NW Wing. Although this was a standard practice at the time of the NW Wing’s construction, the location of the transformers results in a potentially hazardous working space for Electric Services personnel under current National Electric Code standards.It is Electric Services’ current standard practice to serve buildings of this type using outdoor pad-mounted transformers that can be easily inspected, maintained, and replaced when needed with common inventory transformers. The NW wing is currently unoccupied during a building-wide remodel project being undertaken by the I D O T. Electric Services has contacted IDOT staff and has received agreement to remove the transformers from the basement of the NW Wing and replace them with an outdoor pad- mounted transformer. Additional revisions to the internal electrical system of the NW Wing are required to accommodate the transformer relocation project. The entire transformer relocation project costs are Electric Services’ responsibility to pay. If this work was entirely outdoor work, this project could be completed by Electric Services staff. However, IDOT prefers to procure and manage the project to address coordination with their building remodel project. Therefore, IDOT has received quotes in the amount of $121,509.29 from contractors already working on-site, to perform the work requested by Electric Services. Electric Services has reviewed the quotes and is recommending that IDOT be paid an amount equal to $121,509.29 for this transformer relocation. An Electric Facilities Agreement has been drafted that details the responsibilities of the parties involved with this project. Upon completion of the relocation project, Electric Services will own and maintain an outdoor pad- mounted transformer to provide electric service to the NW Wing. The overhead-style transformers will be removed from the basement of the NW Wing and the room will be turned over to IDOT. Funds were included in the FY 2023/24 Underground Extensions & Improvements budget at $150,000 to cover this expense. ALTERNATIVES: 1. Approve the Electric Facilities Agreement between IDOT and Electric Services and authorize payment to IDOT in the amount of $121,509.29 for the relocation of Electric Services’ transformer at the NW Wing at IDOT campus. 2. Refer this item back to staff for further information. 36 CITY MANAGER'S RECOMMENDED ACTION: This project is necessary for Electric Services to continue providing safe, reliable service to the NW Wing of the Administration Building on the Iowa Dept. of Transportation campus at 800 Lincoln Way. Performing the work while the building is unoccupied will significantly reduce the impact to IDOT. Payment to IDOT is appropriate in this situation. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): IDOT - Electric Facilities Agreement_Final.docx 37 ELECTRIC FACILITIES AGREEMENT BETWEEN THE CITY OF AMES ELECTRIC SERVICES AND IDOT This Agreement is made this _____ day of _____________, 2024, by and between the Iowa Department of Transportation (hereinafter called “IDOT”), located at 800 Lincoln Way in Ames, Iowa, and the City of Ames as owner and operator of the municipal electric utility (hereinafter called “AMES ELECTRIC”), for the purpose of dividing the material and labor activities and costs necessary to replace and upgrade certain electrical infrastructure at IDOT’s Administration Building, Northwest Wing (hereinafter called “NW WING”), 800 Lincoln Way, necessary to serve IDOT’s electric demand. Currently, the electric service to the NW WING is provided by AMES ELECTRIC at two voltages (480 volts and 208 volts). Transformers, of the respective voltages, are located in a basement room of the NW WING. These transformers are owned and maintained by AMES ELECTRIC. The operating environment of the transformers does not meet current AMES ELECTRIC practices for personnel safety. The NW WING is undergoing a remodel by IDOT. IDOT staff is not operating from the NW WING during the remodel. AMES ELECTRIC would like to use this opportunity to remove the transformers from the basement room and place them in a location that would provide a safe working environment for AMES ELECTRIC personnel. AMES ELECTRIC agrees to reimburse IDOT in the amount of $121,509.29 for work under this agreement as detailed below: A. Electric Facilities Design 1. IDOT has contracted with Shive-Hattery, Inc., Des Moines, Iowa to provide design of electrical systems related to the NW WING remodel. 2. AMES ELECTRIC has determined that one voltage (480 volts) can be provided to the NW WING to adequately meet the electrical demands of IDOT facilities. 3. IDOT will issue a Change Order to their contract with Shive-Hattery to provide design services to facilitate the conversion to one voltage (480 volts) for the electric service to the NW WING. The amount of this Change Order is $7,474.00. AMES ELECTRIC will reimburse IDOT the cost of this Change Order. B. Concrete Vault Construction 38 1. AMES ELECTRIC has contracted with Tometich Engineering, Inc., Urbandale, Iowa to design a concrete vault structure capable of supporting a pad mount utility transformer. This work will be done at AMES ELECTRIC’S expense. 2. Woodruff Construction, Ames, Iowa has been contracted by IDOT to perform the remodel work on the NW WING. IDOT will issue a Change Order to their contract with Woodruff Construction to construct the concrete vault structure using plans provided to them by AMES ELECTRIC. The amount of this Change Order is $51,775.00. AMES ELECTRIC will reimburse IDOT the cost of this Change Order. 3. Woodruff Construction will provide all labor, equipment and materials to construct the concrete vault structure. AMES ELECTRIC will deenergize electrical cables to facilitate Woodruff Construction’s work. 4. Construction of the concrete vault structure will be coordinated with the remodel schedule. Work will not interfere with Woodruff Construction’s primary work on the remodel project for IDOT. 5. AMES ELECTRIC will own and maintain the concrete vault structure on IDOT’s site upon completion by Woodruff Construction. C. Electric Facilities Installation 1. Jaspering Electric, Ames, Iowa is a subcontractor working for Woodruff Construction on the NW WING remodel. IDOT will issue a Change Order to Woodruff Construction for work to be performed by Jaspering Electric to install the electrical facilities to convert the electric service entrance at the NW WING to 480 volts. The amount of this Change Order is $62,260.29. AMES ELECTRIC will reimburse IDOT the cost of this Change Order. 2. Jaspering Electric will use the design developed by Shive-Hattery to direct their work activities. 3. Jaspering Electric will purchase and install a 480 volt to 208-volt step-down transformer to maintain IDOT facilities no longer receiving 208 volt service from AMES ELECTRIC. IDOT will own and maintain this transformer. 4. Jaspering Electric shall provide all labor, equipment and materials to perform installation of electrical wiring and equipment associated with the conversion to a 480-volt electric service entrance. 39 5. AMES ELECTRIC will install a 480 volt pad mount transformer on the concrete vault structure on IDOT’s site. AMES ELECTRIC will own and maintain the transformer. 6. AMES ELECTRIC will install electric metering facilities for the new 480-volt service entrance. These facilities will be located at the concrete vault structure. AMES ELECTRIC will own and maintain the metering facilities. 7. AMES ELECTRIC will remove the existing transformers and related AMES ELECTRIC’S -owned equipment from the basement room of the NW WING after the new 480-volt service entrance has been installed and in service. This work will be done at AMES ELECTRIC’S expense. 8. Access to the basement room of the NW WING, formerly occupied by AMES ELECTRIC’S transformers and equipment, will be turned over to IDOT. 9. Installation of the electric facilities will be coordinated with the NW WING remodel schedule. Work will not interfere with Jaspering Electric’s primary work on the remodel project for IDOT. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed in triplicate the day and year first written. CITY OF AMES, IOWA IA DEPT. OF TRANSPORTATION By:______________________________ By:________________________________ John A. Haila, Mayor Title:________________________________ Date:____________________________ Date:_______________________________ Attested by:______________________ Date:___________________________ 40 ITEM #:14 DATE:07-09-24 DEPT:PW SUBJECT:PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC. FOR COMPREHENSIVE SAFETY ACTION PLAN COUNCIL ACTION FORM BACKGROUND: T h e Safe Streets and Roads for All (SS4A) discretionary grant program was established in the Bipartisan Infrastructure Law (BIL) with the primary purpose to improve roadway safety by significantly reducing or eliminating roadway fatalities and serious injuries through safety action plan development and refinement and implementation focused on all users. The program has two grant types available to apply for; 1) a planning & demonstration grant or 2) an implementation grant, which are described as follows: Planning & Demonstration Grant - Provide funding to develop a safety action plan, conduct supplemental safety planning to enhance an action plan, or carry out demonstration activities to inform the development of, or an update to, a safety action plan. A safety action plan is the foundation of the SS4A program and must include the components shown in Attachment A. Implementation Grant - Provide funding for projects and strategies identified in a safety action plan that address roadway safety problems. In order to apply for an Implementation Grant, applicants are required to have an existing safety action plan. On December 13, 2023, the AAMPO was awarded $100,000 in SS4A planning & demonstration grant funding by the U.S. Department of Transportation for the creation of a comprehensive safety action plan (CSAP). The AAMPO intends to develop its CSAP in coordination with its 2050 Metropolitan Transportation Plan (MTP) update, including shared data collection and public engagement efforts. The anticipated adoption date of the CSAP is September 23, 2025 (the same date at the MTP's anticipated adoption). The AAMPO included the CSAP's development in its Fiscal Year (FY) 2025 Transportation Planning Work Program (TPWP). In total, $125,000 is budgeted for the CSAP as follows: Funding Source Amount U.S. DOT SS4A Grant $100,000 City of Ames Local Road Use Tax $13,000 Iowa DOT HSIP Funding $12,000 TOTAL:$125,000 The Federal Highway Administration (FHWA) is still working on finalizing the AAMPO's SS4A Grant Agreement. Because work cannot begin and expenses cannot be reimbursed until the execution of the grant agreement, approval of this professional services agreement with HDR (see Attachment B) will be contingent upon the execution of the grant agreement. MPO staff anticipates the grant agreement will be ready to execute within the next couple months. 41 The AAMPO Transportation Policy Committee also approved this professional services agreement contingent upon the grant agreement's execution and approval by Ames City Council. CONSULTANT SELECTION: Following applicable federal and state mandated purchasing requirements, to allow use of federal funds, the AAMPO solicited a Request for Proposals (RFP) to select a qualified firm to develop the CSAP. A total of three (3) proposals were received. Each proposal was evaluated by a project selection team consisting of AAMPO, Story County, and City of Ames staff. Listed below are the criteria used for scoring the proposals: RFQ Scoring Criteria Points Project Understanding & Approach 50 Project Team & Key Personnel 15 Previous Experience 15 Understanding of the AAMPO 10 Project Management 10 The scores for the presentations and proposals, utilizing the above criteria, are as shown below. Following Federal requirements, this is a qualifications-based selection and proposed fees cannot be considered for selecting the preferred firm. Rank Firm(s)Score 1 HDR Engineering 91 2 Felsburg Holt & Ullevig (Prime), SRF Consulting, ATG 85 3 Strand Associates (Prime), Toole Design 83 Given the above rankings, staff has negotiated a contract with the highest rank firm, HDR Engineering, Inc. of Omaha, Nebraska. PROJECT SCOPE: The key services the consultant will perform include the following: Create a Comprehensive Safety Action Plan for the AAMPO which meets the requirements specified by the SS4A grant program. Collect and process all applicable roadway, socioeconomic, and transportation safety data (GIS data, traffic data, crash data, transit data, bicycle/pedestrian data, socioeconomic data, and previous transportation studies in the AAMPO region). Assist with leadership commitment and goal setting for significantly reducing fatalities and serious injuries on the region's transportation system. Help formalize a committee and task force structure for overseeing progress of the CSAP 42 development and its implementation. Participate in AAMPO committee meetings and deliver presentations at key project milestones, including draft and final plan development. Perform a detailed safety analysis of the region's transportation network including a descriptive crash analysis, safety data conflation/ geographic layer creation, determining systemic crash patterns, and identifying a high-priority safety network. Develop robust community and stakeholder engagement strategies through the creation of a Public Engagement Plan. Assist the AAMPO and City of Ames with public & stakeholder engagement efforts including creation of a project webpage on the AAMPO website, hosting engagement booths at community events, participating in two public open houses, and developing content for a web-based open house. Ensuring the public input process and the strategies used for the plan's development are equitable. Evaluate existing policies and processes to identify opportunities to make changes which will encourage severe crash reductions. Examples include engineering standards, comprehensive plans, and land use and zoning policies. Recommend strategies and infrastructure projects which will improve regional transportation safety and promote severe crash reductions using a combination of the safety data analysis, engagement findings, equity considerations, and results of evaluations of existing policies & processes. Help the AAMPO develop potential metrics which may be used to track safety progress during after the CSAP's approval and during implementation. ALTERNATIVES: 1. Approve the professional services agreement with HDR Engineering, Inc. of Omaha, Nebraska for creation of a Comprehensive Safety Action Plan in an amount not to exceed $124,905, contingent upon execution of the AAMPO SS4A grant agreement. 2. Do not approve the agreement and request that the AAMPO negotiate an agreement with another firm. CITY MANAGER'S RECOMMENDED ACTION: The creation of a Comprehensive Safety Action Plan will help the AAMPO and its member agencies develop strategies and program projects which will reduce transportation-related serious injuries and fatalities and improve safety. Once the plan is approved, the AAMPO and its members agencies will be able to apply for SS4A implementation grant funding to implement future infrastructure projects and strategies identified in the plan. HDR Engineering, Inc. submitted the top-ranked proposal as determined by the project selection team comprised of AAMPO, City of Ames, and Story County staff . Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Attachment A - SS4A Action Plan Components.pdf 43 Attachment B - CSAP Consultant Agreement.pdf 44 Page 1 of 2 Attachment A – Required Action Plan Components *As shown in Table 1 of FY 2023 SS4A Notice of Funding. 45 Page 2 of 2 46 Agreement for Professional Services 1 1/2020 SHORT FORM AGREEMENT BETWEEN OWNER AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of this ________ day of __________________, 20___, between City of Ames (“OWNER”) a municipal corporation, with principal offices at 515 Clark Ave, Ames, IA 50010, and HDR ENGINEERING, INC., (“ENGINEER” or “CONSULTANT”) for services in connection with the project known as Ames Area Metropolitan Planning Organization Comprehensive Safety Action Plan (“Project”); WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering, consulting and related services (“Services”) in connection with the Project; and WHEREAS, ENGINEER desires to render these Services as described in SECTION I, Scope of Services. NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual covenants contained herein, agree as follows: SECTION I. SCOPE OF SERVICES ENGINEER will provide Services for the Project, which consist of the Scope of Services as outlined on the attached Exhibit A. SECTION II. TERMS AND CONDITIONS OF ENGINEERING SERVICES The HDR Engineering, Inc. Terms and Conditions, which are attached hereto in Exhibit B, are incorporated into this Agreement by this reference as if fully set forth herein. SECTION III. RESPONSIBILITIES OF OWNER The OWNER shall provide the information set forth in paragraph 6 of the attached “HDR Engineering, Inc. Terms and Conditions for Professional Services.” SECTION IV. COMPENSATION Compensation for ENGINEER’S services under this Agreement shall be on the basis of - cost plus fixed fee. ENGINEER’S fee will be One Hundred Twenty-Four Thousand, Nine Hundred Five Dollars ($124,905). OWNER authorization is required for the ENGINEER compensation to exceed the stated fee of $124,905. Cost shall be an amount equal to salary cost times a factor of 2.5794. Reimbursable expenses incurred in connection with such services shall be in addition to ENGINEER’S compensation. Compensation terms are defined as follows: 47 Agreement for Professional Services 2 1/2020 Direct Labor Cost shall mean salaries and wages, (basic and overtime) paid to all personnel engaged directly on the Project. The Direct Labor Costs and the factor applied to Direct Labor Costs will be adjusted annually as of the first of every year to reflect equitable changes to the compensation payable to Engineer. Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in connection with the Project for transportation travel, subconsultants, subcontractors, technology charges, telephone, telex, shipping and express, and other incurred expense. ENGINEER will add ten percent (10%) to invoices received by ENGINEER from subconsultants and subcontractors to cover administrative expenses and vicarious liability. Cost-Plus-Fixed Fee shall mean Cost plus a Fixed Fee. Cost, as used in “Cost-Plus-Fixed Fee,” shall mean Direct Labor Cost plus Overhead Costs, plus Reimbursable Expense. Overhead Costs, as used in “Cost-Plus-Fixed Fee,” shall mean indirect costs which include payroll and administrative expenses. For this Agreement, overhead costs shall be (One-Hundred Fifty-Seven and ninety-four hundredths) percent (157.94%) of Direct Labor Cost. Fixed Fee shall mean a fixed amount of fee that is added to the Cost in a Cost-Plus-Fixed Fee basis of payment. The sum of Cost and Fixed Fee shall be the compensation for the Scope of Services. The Costs may vary, but the Fixed Fee shall remain the same provided the Scope of Services does not change. SECTION V. PERIOD OF SERVICE Upon receipt of written authorization to proceed, ENGINEER shall perform the services within the time periods(s) described in Exhibit A. Unless otherwise stated in this Agreement, the rates of compensation for ENGINEER’S services have been agreed to in anticipation of the orderly and continuous progress of the project through completion. If any specified dates for the completion of ENGINEER’S services are exceeded through no fault of the ENGINEER, the time for performance of those services shall be automatically extended for a period which may be reasonably required for their completion and all rates, measures and amounts of ENGINEER’S compensation shall be equitably adjusted. 48 Agreement for Professional Services 3 1/2020 SECTION VI. SPECIAL PROVISIONS IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF AMES, IOWA “OWNER” BY: NAME: TITLE: ADDRESS: HDR ENGINEERING, INC. “ENGINEER” BY: NAME: Matthew B Tondl TITLE: Sr Vice President ADDRESS: 1917 S 67th Street Omaha, NE 68106 49 EXHIBIT A SCOPE OF SERVICES 50 Exhibit A SCOPE OF SERVICES AMES AREA METROPOLITAN PLANNING ORGANIZATION COMPREHENSIVE SAFETY ACTION PLAN TASK 1: PROJECT MANAGEMENT AND INITIATION 1.1 General Project Management HDR will provide overall project management, project oversight and administration on the project including internal coordination and development of monthly progress reports and invoices. HDR will also conduct calls spaced each two weeks with AAMPO staff to discuss progress and upcoming work. HDR will conduct up to six (6) coordination meetings with the AAMPO Technical Committee as schedule milestones dictate. Deliverables:  Monthly progress reports, invoices, meeting notes / action items Assumptions:  Assumes a 15-month schedule  Assumes up to six (6) AAMPO Technical Committee meetings  HDR will have up to one (1) staff participate on the bi-weekly calls  HDR will have up to two (2) staff participate in the AAMPO Technical Committee meetings 1.2 Develop Project Management Plan HDR will develop a project management plan including the following items:  Team organization and communication plan o HDR will develop a team organization and communication plan that identifies the roles and responsibilities, contact information and communication formats for the project.  Quality control plan o HDR will develop a quality control plan within the project management plan that identifies the quality control process and the documents to be reviewed.  Public Engagement Plan, Contact and Comment Management o HDR will develop a public engagement plan that identifies key messages, communication tools and techniques and develops the social media strategy and contact and comment management. Deliverables:  Project Management Plan  Public Engagement Plan 51 Exhibit A Assumptions:  One round of review (electronic) by AAMPO for up to one week TASK 2: DATA COLLECTION This task involves obtaining and collecting relevant information and data for use during the study. Due to the significant overlap with 2050 MTP project – the data collection for the CSAP will primarily include effort to update documentation of data collected by the 2050 MTP project and effort for data required in the CSAP not necessary for the MTP. 2.1 GIS Files [Minor Updates for CSAP] It’s assumed that the CSAP can use much of the data already collected for the MTP, including the most recent Geographic Information System (GIS) files from the AAMPO (or via publicly available sources) including, but not limited to:  Street network  City/County boundaries  Urbanized/planning area boundaries  Traffic signals  Sidewalk inventory  Existing land use and future land use  Sidepaths, trails, and bike routes  Census / Justice 40 / Equitable Transportation Communities demographic layers HDR will further gather GIS data that would be specific to CSAP development. 2.2 Traffic Data [Retained for Reference] It’s assumed the MTP-collected data will include the most recent traffic data from the AAMPO including, but not limited to:  Average daily traffic (ADT)  Peak hour turning movement counts at key intersections from available Iowa Department of Transportation (DOT) and City traffic data (no consultant field collection) 2.3 Crash Data [Retained for Reference] It’s assumed the MTP-collected data will include the most recent crash data from the Iowa DOT’s crash database (5-years). Data will include crash event, vehicle, and person tables. HDR will also gather Iowa DOT developed PCR data for the MPO boundary area. 2.4 Transit Data [Retained for Reference] It’s assumed the MTP-collected data will include available performance and GIS data from the FY2025-2029 Passenger Transportation Plan (PTP) and CyRide. 2.5 Bicycle / Pedestrian Data [Retained for Reference] It’s assumed the MTP-collected data will include the existing bicycle and pedestrian networks from available GIS data and files available from the Walk Bike Roll Ames plan. This data will form the basis of maps of the walking and bicycling networks. 52 Exhibit A 2.6 Study Reports HDR will obtain reports and plans from relevant and recent studies conducted by the AAMPO and other relevant agencies. The 2023 Iowa Strategic Highway Safety Plan, 2023 VRU Safety Assessment and Iowa DOT Systemic Bicycle and Pedestrian Safety Analysis, and any past county / local road safety plans organized by the Iowa DOT that overlap the AAMPO boundary will be collected for use in the CSAP. Deliverables:  Input to the MTP Data Collection Technical Memorandum – which will be a brief summary of the data collected and a list of sources. Assumptions:  One round of review (electronic) by the AAMPO for up to one week on the data collection memorandum. TASK 3: LEADERSHIP COMMITMENT & GOAL SETTING This task involves projecting a leadership-supported plan adoption resolution and timeframe for the significant reduction of fatalities and serious injuries on the transportation system. Leadership in the definition of the Safe Streets and Roads for All program is an elected, executive official (e.g. mayor) or in the case of a region an elected, executive committee like the AAMPO transportation planning committee. 3.1 Fatality and Serious Injury Forecasts HDR will develop a trendline projection of fatality plus serious injuries based on 5-10 years of historical trends for the region – which is anticipated to show a minimal to modest reduction in fatalities and serious injuries that would still take a substantial amount of time to trend to zero. HDR will then develop up to three (3) potential scenarios for the AAMPO region to reflect potential paths to a significant reduction in fatalities and serious injuries. In response to AAMPO feedback, two of the three potential scenarios will be dropped and a single scenario will be advanced for inclusion in the CSAP and leadership resolution. Up to one (1) round of minor updates is assumed for the preferred fatality and serious injury forecast; with final forecasts being documented in the CSAP. 3.2 Resolution Template HDR will develop one (1) draft resolution template for AAMPO to seek member jurisdiction leadership commitments to the CSAP. Up to one (1) round of comments will be received and incorporated to create one (1) final resolution template. Note: it is assumed that beyond drafting the resolution template, the execution of formal resolutions is the responsibility of the jurisdictions – not the consultant team. 3.3 Safety Leadership Workshop HDR will plan one safety leadership workshop of up four (4) hours in duration to encourage community leadership of transportation safety. HDR will work with AAMPO to organize one morning or afternoon targeted to the attendance of the transportation policy committee. At AAMPO’s discretion, community leaders and leaders of other area organizations may be invited to the workshop. The HDR team will present the Safety 53 Exhibit A System Approach, Task 3.1 Fatality and Serious Injury Forecasts, Task 3.2 Resolution Template, and Task 6.1 Community Engagement Plan. Up to three (3) HDR staff will attend and facilitate the workshop. Deliverables:  Resolution Template  Materials for / Summary of Safety Leadership Workshop [Include Fatality & Serious Injury Forecasts] TASK 4: PLANNING STRUCTURE HDR will work with the AAMPO to formalize a planning structure or task force to oversee the progress of CSAP development and work toward CSAP implementation beyond the consultant planning support. 4.1 Coordination with the MPO Technical Advisory Committee HDR will develop up to six (6) updates on CSAP progress to provide at TAC meetings at key project phases. One (1) HDR staff will join up to six (6) TAC meetings to share the project update and gather plan feedback. Attendance at TAC meetings is assumed to be virtual for up to one (1) hour. In-person attendance may be possible if staff are present in Ames for other tasks. 4.2 Standalone Safety Committee Meetings HDR will work with AAMPO staff to develop a Safety Committee representing the 5Es [engineering, education, enforcement, EMS, everyone – sometimes there is a sixth E for equity] of safety. AAMPO will provide a contact list of potential safety committee members for HDR to contact to request to join the safety committee. HDR will plan, schedule, facilitate, and document up to six (6) safety committee meetings of up to 1.5 hours in duration. Up to three (3) HDR staff will virtually attend meetings of the safety committee. 4.3 Actions of the Planning Structure HDR will work with AAMPO staff to determine a long-term preference for the planning structure that will oversee CSAP implementation. HDR will draft a set of actions for the planning structure to support on-going activities for the first year of implementation. The draft set of actions are assumed to be documented in four (4) pages or less. Up to one (1) update of the draft set of actions is assumed. Deliverables:  Materials for / Summary of MPO Technical Advisory Committee meetings (up to six (6))  Materials for / Summary of standalone safety committee meetings (up to six)  Draft and Final set of planning structure actions (memo up to four (4) pages in length – potentially to be included in the CSAP documentation at AAMPO’s discretion) 54 Exhibit A TASK 5: SAFETY ANALYSIS HDR will collect safety analysis data from the AAMPO as outlined in Task 2. The safety analysis will combine layers of data from crash records, roadway centerline and geometric data, traffic volume and user type (non-motorist counts/activity), and adjacent land use/activity and adjacent demographics to allow for insights ranging from historic crash clusters to more proactive analyses like systemic and systematic safety. 5.1 Descriptive Crash Analyses HDR will use requested crash records from the Iowa DOT to develop table and charts reflecting breakdowns of:  Crash Severity  Time/Date/Cyclical/Season Patterns  Mode and Number of Users (e.g. Motorist, Non-motorist, Truck, Motorcyclist)  Road System  Type of Roadway Junction/Feature  First Harmful Event  Crash Report stated Major Cause  Manner of Crash/Collision HDR will document the descriptive crash analysis in a slide deck with speakers notes. HDR will additionally document the descriptive crash analysis as part of the CSAP documentation. 5.2 Safety Data Conflation / Geographic Layer Creation HDR will develop a procedure for conflating safety data that may include point, linear, and areal features so roadway segments and intersections form the basis of further geographic analyses to represent both amount of crash activity and proportion of the network they constitute. A draft memo of the procedure will be provided to AAMPO for review prior to completion of this sub-task to allow future AAMPO re-creation of this safety data layer(s). HDR staff will apply the safety data conflation procedure and document the meta data and summary statistics of the resulting safety data layer(s) for AAMPO review. In this sub-task – HDR will also report the frequency and rate of crashes at up to the top twenty (20) intersections and up to top twenty (20) segments in the Ames area. 5.3 Systemic Crash Patterns HDR will perform a review of Ames area fatal and serious injury crashes against Iowa DOT Strategic Highway Safety Plan identified emphasis areas. Systemic methods will be utilized to compare the frequency of fatal and serious injury crashes to the level of network exposure (considering centerline miles, vehicle miles travelled, or both). Findings of the systemic analysis will be documented as key emphasis areas (e.g. speed-related crashes, impaired driving crashes). When specific emphasis areas are identifiable geographically – feature layers of each emphasis area will also be created by the project team. 55 Exhibit A 5.4 High-Priority Safety Network HDR will develop a recommended procedure for combining multiple geographic safety analyses and location-based input of stakeholders and the public to form a high-priority safety network. HDR will develop a draft of the procedure for review by AAMPO staff. Updates requested by AAMPO will be resolved clearly for inclusion or exclusion before the first draft of the high-priory safety network is created. The high-priority safety network is anticipated to include roads in the collector and above functional class roadways in the AAMPO roadway network. The DRAFT high-priority safety network is anticipated to be used in multiple stakeholder settings to receive comments. Up to two (2) updates of the high-priority safety network are assumed in this scope. The resulting final High-Priority Safety Network will be provided to AAMPO in GIS format and included as figures in the CSAP document. Deliverables:  Descriptive Statistics (in slide deck form with speaker notes)  Location-based crash frequency / crash rate GIS file (tabulation of up to top twenty (20) segments and up to top twenty (20)/ intersections)  List of Systemic safety emphasis areas for Ames  GIS feature layer of location-based systemic safety features  Up to 2 Draft, 1 Final versions of High-Priority Safety Network GIS feature layers TASK 6: ENGAGEMENT AND COLLABORATION HDR will facilitate a CSAP process with AAMPO that heavily emphasizes collaboration and public engagement. Due to the significant overlap with the 2050 MTP project in terms of both content and schedule, the CSAP project will “piggy-back” on public and community events with the MTP, when applicable. Additionally, engagement efforts will focus on specific needs for the CSAP – beyond what is required for the MTP. 6.1 Community Engagement Plan HDR will develop a CSAP Community Engagement Plan (CEP). The CEP will identify visual identity best practices and other elements of the CSAP, including: key messages, comment management, tools outline, and high-level schedule. It’s anticipated that the CSAP process will use the MTP stakeholder database. 6.2 Website HDR will develop content to be hosted on the AAMPO.org website. This content will include public-friendly explanatory language and graphics that will allow the public to learn more about the project, provide input on an interactive comment mapping tool using Zoho, and provide general feedback. HDR will develop written content and graphics, provide an iframe for the comment mapping tool, and coordinate with the AAMPO webmaster to maintain the website with up-to-date information. HDR will provide text and/or graphic updates, as needed, up to three times during the project. The Zoho account, mapping tool and database will be the same as used in the MTP project. This task includes the following items: 56 Exhibit A  Initial launch content document and graphics  Up to three minor text and/or graphic updates for accuracy with project phases, upcoming events, etc. This task includes the following assumptions:  One draft and final content document, delivered in a Word document and reviewed electronically for up to one week.  AAMPO will provide all site maintenance and updates. 6.3 Engagement Booths HDR will plan, host and staff up to two engagement booths at community events during strategic project moments. These booths will be focused on CSAP. They may or may not be held at the same events as the MTP. AAMPO staff will provide suggestions of community events. HDR will develop and print boards, activities, handouts or other appropriate materials. This task includes the following items:  Two (2) engagement booths  Event planning document  Development of handouts and/or other activities Assumptions  Assume AAMPO Staff will provide table and chairs for booths, if needed  HDR will pay for costs to attend community events, if needed  Up to 150 handouts and three boards printed per community event  Staffing: Two HDR staffers and at least 1 MPO staff attend each community event 6.4 Open House Materials and Attendance HDR will attend up to two (2) open house meetings planned for the MTP at the Visioning and Alternatives / Strategies milestones. Up to two (2) HDR staff will host a CSAP table at each open house. HDR will be responsible for developing, designing and printing a handout, up to two (2) display boards, interactive exercises, presentation and collateral materials. This task includes the following items:  CSAP input to Meeting Plan  CSAP input to Website update content document  CSAP-specific Meeting Materials (presentation, 11x17 handout, up to two (2) display boards, interactive exercises, up to 10 table top scroll maps, comment forms, presentation and collateral materials) This task includes the following assumptions:  HDR will have up to two (2) staff attend each of the Visioning and Alternatives/Strategy Open Houses – specifically for the CSAP table.  Assumes both the Visioning and the Alternatives/Strategy Open Houses will be no more than 2 hours in length and held during the early evening. 57 Exhibit A 6.5 Online Open House Materials HDR will develop content for the MTP Visioning, Alternatives/Strategies, and Draft Plan online open houses. HDR will develop one (1) content document for each online meeting – a total of three (3) content documents. The MTP project team will develop one (1) meeting mockup for each of these three (3) online open houses, a total of three (3) mockups. The MTP team will then produce, monitor, and summarize the online open house meetings. Deliverables:  Initial Engagement Products (subtasks 6.1, 6.2, 6.3)  Open House Meetings (6.4)  Online Open House Meetings (6.5) TASK 7: EQUITY CONSIDERATIONS HDR will work with AAMPO staff to provide equitable opportunities to residents for input to the plan and will establish an equity lens by which to view safety analyses and safety strategies to increase benefits for all. 7.1 Equitable Engagement HDR will apply a standardized community analytics process to available Ames population data (i.e. Census, American Community Survey) at project initiation. Information gathered in this sub-task will be documented in an up to four (4) page infographic-style report. Sub-task 7.1 information will inform the project management plan (sub-task 1.2) and community engagement plan (sub-task 6.1). 7.2 Equitable Strategies HDR will develop an equity lens resource to be applied to and direct project recommendations in Task 8 Policy & Process Changes and Task 9 Strategy & Project Selections. The equity lens resource will establish consistent considerations so that each proposed action is based in data, values community engagement, is analyzed across a representative set of users, and is transparent (joint effort with Task 10 Progress & Transparency). The equity lens resources will be up to six (6) pages of instructional information including links to foundational research in this area. The equity lens resource will be developed in this task – hours for application of this resource are included in Task 8 Policy & Process Changes and Task 9 Strategy & Project Selections. Deliverables:  Equitable engagement four (4) page, infographic-style report  Equity lens resource document – Up to six (6) pages, MS Word TASK 8: POLICY & PROCESS CHANGES A Comprehensive Safety Action Plan depends heavily on modifying design and operations practices to increase safety. HDR will help AAMPO conduct a review of current policy and processes with an emphasis on finding potential changes with a 58 Exhibit A substantial potential for severe crash reductions. HDR assumes AAMPO to provide up to 6 documents reflecting the existing practice for planning and engineering in the study area for review – examples may include:  Engineering standards  Comprehensive Plans  Land use and zoning policies HDR will synthesize the provided documents against a standard framework for Safe System approach benchmarks. The framework documents will be completed by HDR – recording a matrix of Safe System Approach aligned practices to a scale of community safety maturity (e.g. not a current practice, new/initiated practice, implemented practice, mature/institutional practice. The framework document will be up to ten (10) pages in length – predominately in the form of the matrix/table of practices. HDR will present the matrix of practices to the TAC and Safety Committee for input to 1) Alignment of existing practices with the Safe System Approach and 2) Target areas for policy and process changes. HDR will not draft resolutions or updates to code for the CSAP – but will recommend potential next steps in the policy & process changes area for AAMPO to explore after CSAP completion. Deliverables:  Policy & process assessment framework to Safety System Approach – Up to ten (10) pages MS Word with MS Excel table TASK 9: STRATEGY & PROJECT SELECTIONS HDR will combine safety data analysis, engagement findings, equity considerations, and results of the existing evaluations of policies & processes to recommend strategy and project selections. 9.1 Infrastructure Projects HDR will create a resource toolkit for safety infrastructure countermeasures that address safety emphases identified in Task 5 Safety Analysis. The safety infrastructure countermeasures will be provided for review in a slide deck of up to twenty (20) slides – with relevant links to literature on the countermeasures (i.e. literature may cover effectiveness, application, and supporting case study research) .HDR will utilize TAC and Safety Committee meetings (scoped in Task 4 Planning Structure) to review the potential use of countermeasures in the Ames community and any planning and engineering assumptions for recommending the application of these countermeasures. HDR will subsequently apply countermeasures to Ames roadway centerline and intersection GIS files. Applications of countermeasures will be limited to a planning-level analysis. In an associated projects table, HDR may identify projects that may have clear feasibility issues to resolve in early design before seeking to program such projects. 9.2 Non-Infrastructure Strategies HDR recommend potential education, enforcement, Emergency Medical Services (EMS), equity, and behavioral (everyone) strategies to potentially be advanced in the 59 Exhibit A implementation of the CSAP. HDR will utilize TAC and Safety Committee meetings (scoped in Task 4 Planning Structure) to present potential non-infrastructure strategies to key stakeholders implementors for inclusion in the CSAP. Advanced non- infrastructure strategies will be assessed to their resource needs and included as one or more tables in the CSAP documentation. Deliverables:  Potential safety countermeasure toolkit – PPT up to twenty (20) slides with links to supporting resources  GIS centerline and intersection point feature layers of safety infrastructure projects  Table of non-infrastructure safety strategies for CSAP inclusion TASK 10: PROGRESS & TRANSPARENCY HDR will work with AAMPO to determine tactics that support a CSAP spirit of progress and transparency. HDR will propose potential metrics that AAMPO may begin tracking to determine safety progress based on findings of prior tasks. HDR will develop a table of approved progress measures for AAMPO staff and the proposed safety committee to update during CSAP implementation. Optionally, the progress measures can be structured as a dashboard on the project website. HDR will also work with AAMPO staff to confirm the completed CSAP will be posted in an accessible location and that AAMPO staff will be able to provide future progress reports to for CSAP implementation. Deliverables:  Table of approved progress measures.  OPTIONAL – Dashboard of progress measures. TASK 11: CSAP DOCUMENT 11.1 Draft CSAP HDR will develop a concise draft CSAP compiling technical analyses and the process and recommended safety actions for the AAMPO area. The CSAP will address the eight core elements of the Safe Streets and Roads For All program. The Draft CSAP document will be submitted to MPO staff for review and comment prior to drafting the Final CSAP in Task 11.2. 11.2 Final CSAP and Executive Summary HDR will develop a final CSAP that addresses AAMPO staff comments and feedback of stakeholders included in the review process. The document will be provided in electronic format (native file format and a high-quality resolution Portable Document Format (PDF)). HDR will also provide the electronic files of the document maps and illustrations:  maps in electronic format (ESRI layer files with shapefiles)  illustrations in electronic format (Adobe Photoshop, Illustrator, or other editable 60 Exhibit A file types) 11.3 Present to Transportation Policy Committee HDR will present the draft plan at the AAMPO Transportation Policy Committee Meeting. It is assumed that one (1) HDR staff will attend the presentation. Deliverables:  Draft CSAP Document  Final CSAP Document & Executive Summary 61 EXHIBIT B TERMS AND CONDITIONS 62 1 (5/2023) HDR Engineering, Inc. Terms and Conditions for Professional Services 1. STANDARD OF PERFORMANCE The standard of care for all professional engineering, consulting and related services performed or furnished by ENGINEER and its employees under this Agreement will be the care and skill ordinarily used by members of ENGINEER’s profession practicing under the same or similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER’s services. 2. INSURANCE/INDEMNITY ENGINEER agrees to procure and maintain, at its expense, Workers' Compensation insurance as required by statute; Employer's Liability of $250,000; Automobile Liability insurance of $1,000,000 combined single limit for bodily injury and property damage covering all vehicles, including hired vehicles, owned and non-owned vehicles; Commercial General Liability insurance of $1,000,000 combined single limit for personal injury and property damage; and Professional Liability insurance of $1,000,000 per claim for protection against claims arising out of the performance of services under this Agreement caused by negligent acts, errors, or omissions for which ENGINEER is legally liable. If flying an Unmanned Aerial System (UAS or drone), ENGINEER will procure and maintain aircraft unmanned aerial systems insurance of $1,000,000 per occurrence. OWNER shall be made an additional insured on Commercial General and Automobile Liability insurance policies and certificates of insurance will be furnished to the OWNER. ENGINEER agrees to indemnify OWNER for third party personal injury and property damage claims to the extent caused by ENGINEER's negligent acts, errors or omissions. However, neither Party to this Agreement shall be liable to the other Party for any special, incidental, indirect, or consequential damages (including but not limited to loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; cost of capital; and/or fines or penalties), loss of profits or revenue arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to any such damages caused by the negligence, errors or omissions, strict liability or breach of contract. The employees of both parties are intended third party beneficiaries of this waiver of consequential damages. 3. OPINIONS OF PROBABLE COST Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of information available to ENGINEER and on the basis of ENGINEER's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, ENGINEER does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost ENGINEER prepares. 4. CONSTRUCTION PROCEDURES ENGINEER's observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing work in accordance with applicable contract documents. ENGINEER shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. ENGINEER shall not be responsible for the acts or omissions of the contractor or other parties on the project. ENGINEER shall be entitled to review all construction contract documents and to require that no provisions extend the duties or liabilities of ENGINEER beyond those set forth in this Agreement. OWNER agrees to include ENGINEER as an indemnified party in OWNER’s construction contracts for the work, which shall protect ENGINEER to the same degree as OWNER. Further, OWNER agrees that ENGINEER shall be listed as an additional insured under the construction contractor’s liability insurance policies. 5. CONTROLLING LAW This Agreement is to be governed by the law of the state where ENGINEER's services are performed. 6. SERVICES AND INFORMATION OWNER will provide all criteria and information pertaining to OWNER's requirements for the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. OWNER will also provide copies of any OWNER-furnished Standard Details, Standard Specifications, or Standard Bidding Documents which are to be incorporated into the project. OWNER will furnish the services of soils/geotechnical engineers or other consultants that include reports and appropriate professional recommendations when such services are deemed necessary by ENGINEER. The OWNER agrees to bear full responsibility for the technical accuracy and content of OWNER-furnished documents and services. In performing professional engineering and related services hereunder, it is understood by OWNER that ENGINEER is not engaged in rendering any type of legal, insurance or accounting services, opinions or advice. Further, it is the OWNER’s sole responsibility to obtain the advice of an attorney, insurance counselor or accountant to protect the OWNER’s legal and financial interests. To that end, the OWNER agrees that OWNER or the OWNER’s representative will examine all studies, reports, sketches, drawings, specifications, proposals and other documents, opinions or advice prepared or provided by ENGINEER, and will obtain the advice of an attorney, insurance counselor or other consultant as the OWNER deems necessary to protect the OWNER’s interests before OWNER takes action or forebears to take action based upon or relying upon the services provided by ENGINEER. 7. SUCCESSORS, ASSIGNS AND BENEFICIARIES OWNER and ENGINEER, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the covenants of this Agreement. Neither OWNER nor ENGINEER will assign, sublet, or transfer any interest in this Agreement or claims arising therefrom without the written consent of the other. No third party beneficiaries are intended under this Agreement. 8. RE-USE OF DOCUMENTS All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by ENGINEER pursuant to this Agreement, are instruments of service with respect to the project. ENGINEER retains ownership of all such documents. OWNER may retain copies of the documents for its information and reference in connection with the project; however, none of the documents are intended or represented to be suitable for reuse by OWNER or others on extensions of the project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, and OWNER will defend, indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses, including attorney's fees, 63 Terms & Conditions for Professional Services 2 (5/2023) arising or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 9. TERMINATION OF AGREEMENT OWNER or ENGINEER may terminate the Agreement, in whole or in part, by giving seven (7) days written notice to the other party. Where the method of payment is "lump sum," or cost reimbursement, the final invoice will include all services and expenses associated with the project up to the effective date of termination. An equitable adjustment shall also be made to provide for termination settlement costs ENGINEER incurs as a result of commitments that had become firm before termination, and for a reasonable profit for services performed. 10. SEVERABILITY If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. 11. INVOICES ENGINEER will submit monthly invoices for services rendered and OWNER will make payments to ENGINEER within thirty (30) days of OWNER's receipt of ENGINEER's invoice. ENGINEER will retain receipts for reimbursable expenses in general accordance with Internal Revenue Service rules pertaining to the support of expenditures for income tax purposes. Receipts will be available for inspection by OWNER's auditors upon request. If OWNER disputes any items in ENGINEER's invoice for any reason, including the lack of supporting documentation, OWNER may temporarily delete the disputed item and pay the remaining amount of the invoice. OWNER will promptly notify ENGINEER of the dispute and request clarification and/or correction. After any dispute has been settled, ENGINEER will include the disputed item on a subsequent, regularly scheduled invoice, or on a special invoice for the disputed item only. OWNER recognizes that late payment of invoices results in extra expenses for ENGINEER. ENGINEER retains the right to assess OWNER interest at the rate of one percent (1%) per month, but not to exceed the maximum rate allowed by law, on invoices which are not paid within thirty (30) days from the date OWNER receives ENGINEER’s invoice. In the event undisputed portions of ENGINEER's invoices are not paid when due, ENGINEER also reserves the right, after seven (7) days prior written notice, to suspend the performance of its services under this Agreement until all past due amounts have been paid in full. 12. CHANGES The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. Adjustments in the period of services and in compensation shall be in accordance with applicable paragraphs and sections of this Agreement. Any proposed fees by ENGINEER are estimates to perform the services required to complete the project as ENGINEER understands it to be defined. For those projects involving conceptual or process development services, activities often are not fully definable in the initial planning. In any event, as the project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. ENGINEER will inform OWNER of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, an equitable adjustment shall be made, and the Agreement modified accordingly. 13. CONTROLLING AGREEMENT These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice-to-proceed, or like document. 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION In connection with the services under this Agreement, ENGINEER agrees to comply with the applicable provisions of federal and state Equal Employment Opportunity for individuals based on color, religion, sex, or national origin, or disabled veteran, recently separated veteran, other protected veteran and armed forces service medal veteran status, disabilities under provisions of executive order 11246, and other employment, statutes and regulations, as stated in Title 41 Part 60 of the Code of Federal Regulations § 60-1.4 (a-f), § 60-300.5 (a-e), § 60-741 (a-e). 15. HAZARDOUS MATERIALS OWNER represents to ENGINEER that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be present, OWNER represents that to the best of its knowledge it has disclosed to ENGINEER the existence of all such hazardous materials, including but not limited to asbestos, PCB’s, petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. It is acknowledged by both parties that ENGINEER’s scope of services do not include services related in any way to hazardous materials. In the event ENGINEER or any other party encounters undisclosed hazardous materials, ENGINEER shall have the obligation to notify OWNER and, to the extent required by law or regulation, the appropriate governmental officials, and ENGINEER may, at its option and without liability for delay, consequential or any other damages to OWNER, suspend performance of services on that portion of the project affected by hazardous materials until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the hazardous materials; and (ii) warrants that the project site is in full compliance with all applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an “arranger,” “operator,” “generator,” or “transporter” of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the project site in connection with ENGINEER’s services under this Agreement. If ENGINEER’s services hereunder cannot be performed because of the existence of hazardous materials, ENGINEER shall be entitled to terminate this Agreement for cause on 30 days written notice. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER, its officers, directors, partners, employees, and subconsultants from and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (i) any such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual’s or entity’s sole negligence or willful misconduct. 16. EXECUTION This Agreement, including the exhibits and schedules made part hereof, constitute the entire Agreement between ENGINEER and 64 Terms & Conditions for Professional Services 3 (5/2023) OWNER, supersedes and controls over all prior written or oral understandings. This Agreement may be amended, supplemented or modified only by a written instrument duly executed by the parties. 17. ALLOCATION OF RISK OWNER AND ENGINEER HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING ENGINEER’S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE RISKS, SO, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ENGINEER (AND ITS RELATED CORPORATIONS, SUBCONSULTANTS AND EMPLOYEES) TO OWNER AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE LESSER OF $1,000,000 OR ITS FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF ENGINEER’S SERVICES OR THIS AGREEMENT REGARDLESS OF CAUSE(S) OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. ENGINEER’S AND SUBCONSULTANTS’ EMPLOYEES ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS ALLOCATION OF RISK. 18. LITIGATION SUPPORT In the event ENGINEER is required to respond to a subpoena, government inquiry or other legal process related to the services in connection with a legal or dispute resolution proceeding to which ENGINEER is not a party, OWNER shall reimburse ENGINEER for reasonable costs in responding and compensate ENGINEER at its then standard rates for reasonable time incurred in gathering information and documents and attending depositions, hearings, and trial. 19. NO THIRD PARTY BENEFICIARIES Except as otherwise provided in this Agreement, no third party beneficiaries are intended under this Agreement. In the event a reliance letter or certification is required under the scope of services, the parties agree to use a form that is mutually acceptable to both parties. 20. UTILITY LOCATION If underground sampling/testing is to be performed, a local utility locating service shall be contacted to make arrangements for all utilities to determine the location of underground utilities. In addition, OWNER shall notify ENGINEER of the presence and location of any underground utilities located on the OWNER’s property which are not the responsibility of private/public utilities. ENGINEER shall take reasonable precautions to avoid damaging underground utilities that are properly marked. The OWNER agrees to waive any claim against ENGINEER and will indemnify and hold ENGINEER harmless from any claim of liability, injury or loss caused by or allegedly caused by ENGINEER’s damaging of underground utilities that are not properly marked or are not called to ENGINEER’s attention prior to beginning the underground sampling/testing. 21. UNMANNED AERIAL SYSTEMS If operating UAS, ENGINEER will obtain all permits or exemptions required by law to operate any UAS included in the services. ENGINEER’s operators have completed the training, certifications and licensure as required by the applicable jurisdiction in which the UAS will be operated. OWNER will obtain any necessary permissions for ENGINEER to operate over private property, and assist, as necessary, with all other necessary permissions for operations. 22. OPERATIONAL TECHNOLOGY SYSTEMS OWNER agrees that the effectiveness of operational technology systems and features designed, recommended or assessed by ENGINEER (collectively “OT Systems”) are dependent upon OWNER’s continued operation and maintenance of the OT Systems in accordance with all standards, best practices, laws, and regulations that govern the operation and maintenance of the OT Systems. OWNER shall be solely responsible for operating and maintaining the OT Systems in accordance with applicable laws, regulations, and industry standards (e.g. ISA, NIST, etc.) and best practices, which generally include but are not limited to, cyber security policies and procedures, documentation and training requirements, continuous monitoring of assets for tampering and intrusion, periodic evaluation for asset vulnerabilities, implementation and update of appropriate technical, physical, and operational standards, and offline testing of all software/firmware patches/updates prior to placing updates into production. Additionally, OWNER recognizes and agrees that OT Systems are subject to internal and external breach, compromise, and similar incidents. Security features designed, recommended or assessed by ENGINEER are intended to reduce the likelihood that OT Systems will be compromised by such incidents. However, ENGINEER does not guarantee that OWNER’s OT Systems are impenetrable and OWNER agrees to waive any claims against ENGINEER resulting from any such incidents that relate to or affect OWNER’s OT Systems. 23. FORCE MAJEURE ENGINEER shall not be responsible for delays caused by factors beyond ENGINEER’s reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, government ordered industry shutdowns, power or server outages, acts of nature, widespread infectious disease outbreaks (including, but not limited to epidemics and pandemics), failure of any governmental or other regulatory authority to act in a timely manner, failure of the OWNER to furnish timely information or approve or disapprove of ENGINEER’s services or work product, or delays caused by faulty performance by the OWNER’s or by contractors of any level or any other events or circumstances not within the reasonable control of the party affected, whether similar or dissimilar to any of the foregoing. When such delays beyond ENGINEER’s reasonable control occur, the OWNER agrees that ENGINEER shall not be responsible for damages, nor shall ENGINEER be deemed in default of this Agreement, and the parties will negotiate an equitable adjustment to ENGINEER’s schedule and/or compensation if impacted by the force majeure event or condition. 24. EMPLOYEE IMMUNITY The parties to this Agreement acknowledge that an individual employee or agent may not be held individually liable for negligence with regard to services provided under this Agreement. To the maximum extent permitted by law, the parties intend i) that this limitation on the liability of employees and agents shall include directors, officers, employees, agents and representatives of each party and of any entity for whom a party is legally responsible, and ii) that any such employee or agent identified by name in this Agreement shall not be deemed a party. 65 ITEM #:15 DATE:07-09-24 DEPT:PW SUBJECT:FY 2023/24 AIRPORT IMPROVEMENT PROGRAM (WILDLIFE FENCE PROJECT) COUNCIL ACTION FORM BACKGROUND: The FY 2023/24 Airport Improvement Program includes the installation of a barrier fence to limit animal crossings at James Herman Banning Ames Municipal Airport. This essential safety project is to mitigate animal strike risks and restrict unauthorized access to runways and taxiways with minimal disruption to airport operations (see attached maps for project extents). City Council approved contracting with Bolton & Menk to perform the preliminary design, the National Environmental Policy Act (NEPA) review, final design, and construction administration. The project team has held several design meetings with the FAA, various airport stakeholders, and adjacent landowners. Bolton & Menk has developed the final plans and specifications, with the project work split into three Divisions based on funding eligibility: Division 1 - This includes all Federal funding eligible items. Bids will be solicited for two fencing type alternatives: 1) an eight-foot chain link with animal skirting, and 2) an eight-foot welded wire mesh style with animal skirting. Chain link is more secure, but is more costly. Division 2 - This includes a small portion of fence along S. Riverside where a drainage way crosses in front of Runway Approach 13 and to avoid a costly extensions of the culvert the fence alignment must leave the Airport property onto City ROW. The FAA will not fund improvements off Airport property. Division 3 - This includes motorizing two gate access points with access control. This item is not eligible for Federal aid under the proposed grant funding, but can be paid for with State funds (from the Iowa DOT). The table below summarizes the revenues and expenses for this project: Revenues Amount Expenses Amount Funding Source: Professional Services: Federal $2,965,140 CATEX (environmental review)$77,000 State $45,024 Design & Construction Services $307,600 Airport Improvements Fund (previously budgeted)$218,000 Project Admin $5,400 Airport Improvements Fund (from available balance) $130,516 Construction: Division 1 - Base Bid $2,700,000 Division 1 - Alt A (all chain link)$204,600 Division 1 - Alt B (all chain link with PVC coating in Terminal area)$8,580 Division 2 - Base Bid (non-participating items)$7,800 Division 3 - Base Bid (motorize two gates)$47,700 Total $3,358,680 Total $3,358,680 66 Staff has confirmed with the Finance Department that the additional Airport Improvement Funds are available and can be allocated to this project. ALTERNATIVES: 1. Approve plans and specifications for the 2023/24 Airport Improvements Program (Wildlife Fence Project) and establish a letting date of Tuesday, July 30, 2024, and the date for the report of bids on Tuesday, August 6, 2024. 2. Do not approve this project. CITY MANAGER'S RECOMMENDED ACTION: The Wildlife Fence Project is expected to greatly improve safety at the Airport, preventing wildlife from entering critical areas and reducing the need for annual removal efforts. This proactive approach aligns with best practices in aviation safety and will enhance the overall operational effectiveness of the facility. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Ames Airport Wildlife Fence.pdf Wildlife Fence - Terminal Area.pdf 67 X X X X X X X X XXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X H H K H K K H K M M M M X X X X X X X X X XX X X X SHEET B o l t o n & M e n k , I n c . 20 2 4 , A l l R i g h t s R e s e r v e d c H: \ A M E S \ 0 T 5 1 3 2 0 7 0 \ 1 _ C o r r e s \ C _ T o O t h e r s \ E X H I B I T \ T o A d j a c e n t L a n d o w n e r s \ O V E R A L L . d w g 6/ 2 4 / 2 0 2 4 5 : 0 7 : 4 4 P M DESIGNED DRAWN CHECKED CLIENT PROJ. NO. DATEDESCRIPTION REV AMES MUNICIPAL AIRPORT WILDLIFE FENCING IMPROVEMENTS CDW CDW JPR 0T5.132070 1519 BALTIMORE DRIVE AMES, IOWA 50010 Phone: (515) 233-6100 Email: Ames@bolton-menk.com www.bolton-menk.comR P.01FEETSCALE 0 350 700 HORZ. PROPOSED FENCE SHEET LAYOUT R HW Y 3 0 AIR P O R T R D RWY 1/19 TWY A RW Y 1 3 / 3 1 TW Y B S RIVERS I D E D R NOTES: 1.CONTRACTOR WILL NOT BE PERMITTED ON THE PROPERTY ADJACENT TO AIRPORT PROPERTY AT ANY TIME. 2.CONTRACTOR SHALL TAKE ALL MEANS NECESSARY TO AVOID DISTURBANCE OF EXISTING PROPERTY CORNER PINS DURING CONSTRUCTION. ANY PROPERTY PINS DISTURBED SHALL BE RE-SET BY A LICENSED LAND SURVEYOR AT THE EXPENSE OF THE CONTRACTOR. 3.CONTRACTOR SHALL DETERMINE MEANS NECESSARY TO VALIDATE UTILITY LOCATIONS (PUBLIC AND PRIVATE), INCLUDING BUT NOT LIMITED TO, POTHOLING, WIRE TRACING, ETC. 4.CONTRACTOR SHALL BE FIT THE FENCE ALIGNMENT AND POST LOCATIONS TO AVOID UTILITIES WHERE POSSIBLE. ALIGNMENT ADJUSTMENTS SHALL BE LIMITED, ALIGNMENT SHALL FOLLOW THE GENERAL ROUTE SHOWN IN THE PLANS. 5.SEE SHEETS P.18 FOR ADDITIONAL INFORMATION ON GATES TW Y A 4 TW Y A 3 TW Y A 2 TW Y A 1 TWY B 3 TWY B 1 TWY B2 LEGEND: AIRPORT PROPERTY LINE 8' TALL CHAIN LINK FENCE WITHOUT OUTRIGGERS OR SKIRT 8' TALL WOVEN WIRE FENCE WITH OUTRIGGERS AND SKIRT 8' TALL CHAIN LINK FENCE WITH OUTRIGGERS AND SKIRT 8' TALL CHAIN LINK FENCE WITH OUTRIGGERS BUT WITHOUT SKIRT 6' TALL CHAIN LINK FENCE BASE MOUNTED WITHOUT OUTRIGGERS OR SKIRT 4' TALL FIELD FENCE EXISTING FENCE TO REMAIN PROPOSED PCC GRANULAR SURFACE DELINEATED WETLAND X X X X X X PROPOSED FENCE FOLLOWS TOP OF GRADE PROPOSED FENCE FOLLOWS TOP OF GRADE 7' ( T Y P . ) 5' 7' (TYP.) 7' ( T Y P . ) 7' (TYP.) 7' ( T Y P . ) 7' (TY P . ) 68 X X E EE X H H K K H K M M M X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X XX XX X X X X X X X X X X X X X X X X X X X X X SHEET B o l t o n & M e n k , I n c . 20 2 4 , A l l R i g h t s R e s e r v e d c H: \ A M E S \ 0 T 5 1 3 2 0 7 0 \ 1 _ C o r r e s \ C _ T o O t h e r s \ E X H I B I T \ T o D a m i o n T o T e n a n t s \ T e r m i n a l A r e a . d w g 6/ 2 4 / 2 0 2 4 4 : 3 0 : 2 1 P M DESIGNED DRAWN CHECKED CLIENT PROJ. NO. DATEDESCRIPTION REV AMES MUNICIPAL AIRPORT WILDLIFE FENCING IMPROVEMENTS CDW CDW JPR 0T5.132070 1519 BALTIMORE DRIVE AMES, IOWA 50010 Phone: (515) 233-6100 Email: Ames@bolton-menk.com www.bolton-menk.comR R FEETSCALE 0 60 120 HORZ. PROPOSED FENCE 15' CANTILEVER GATE SLIDES TO THE SOUTH ADD SIGN: GATE 4 (BASE BID MANUAL ALT BID POWERED) 6' SINGLE SWING GATE FOR PEDESTRIAN ACCESS ADD SIGN: GATE F 6' SINGLE SWING GATE FOR PEDESTRIAN ACCESS ADD SIGN: GATE G 6' SINGLE SWING GATE FOR PEDESTRIAN ACCESS ADD SIGN: GATE H 6' SINGLE SWING GATE FOR PEDESTRIAN ACCESS ADD SIGN: GATE I AIRPORT ROAD REMOVE EXISTING 4' TALL CHAIN LINK FENCE AND REPLACE WITH 6' TALL BASE PLATE MOUNTED CHAIN LINK FENCE. SEE U SHEETS FOR MORE INFORMATION. DEEPER SECTION IN RECENTLY INSTALLED CONCRETE FOR FENCE INSTALLATION COMPLETED BY OTHERS 6' SINGLE SWING GATE. PROPOSED PAVEMENT THICKNESS SHALL BE DETERMINED BY THE CONTRACTOR TO BASE PLATE MOUNT GATE. EXACT LOCATION TO BE DETERMINED IN THE FIELD (FENCE SHALL BE LOCATED ON THE AIRFIELD SIDE OF UTILITY METERS) ADD SIGN: GATE D FENCE BASE PLATE MOUNTED TO LINTEL BEAM 25' DOUBLE SIDED ELECTRICALLY POWERED CANTILEVER GATE ADD SIGN: GATE 1 15' ELECTRICALLY POWERED CANTILEVER GATE ADD SIGN: GATE 5 6' SINGLE SWING GATE FOR PEDESTRIAN ACCESS ADD SIGN: GATE A 6' SINGLE SWING GATE FOR PEDESTRIAN ACCESS ADD SIGN: GATE B TO EXISTING PEDESTRIAN GATE ADD SIGN: GATE C TO EXISTING GATE ADD SIGN: GATE 2 6' SINGLE SWING GATE FOR PEDESTRIAN ACCESS ADD SIGN: GATE E BASE BID CHAIN LINK NOTES: 1.CONTRACTOR SHALL DETERMINE MEANS NECESSARY TO VALIDATE UTILITY LOCATIONS (PUBLIC AND PRIVATE), INCLUDING BUT NOT LIMITED TO, POTHOLING, WIRE TRACING, ETC. 2.CONTRACTOR SHALL FIT THE FENCE ALIGNMENT AND POST LOCATIONS TO AVOID UTILITIES WHERE POSSIBLE. ALIGNMENT ADJUSTMENTS SHALL BE LIMITED, ALIGNMENT SHALL FOLLOW THE GENERAL ROUTE SHOWN IN THE PLANS. LEGEND: AIRPORT PROPERTY LINE 8' TALL CHAIN LINK FENCE WITHOUT OUTRIGGERS OR SKIRT 8' TALL WOVEN WIRE FENCE WITH OUTRIGGERS AND SKIRT 8' TALL CHAIN LINK FENCE WITH OUTRIGGERS AND SKIRT 8' TALL CHAIN LINK FENCE WITH OUTRIGGERS BUT WITHOUT SKIRT 6' TALL CHAIN LINK FENCE BASE MOUNTED WITHOUT OUTRIGGERS OR SKIRT 4' TALL FIELD FENCE EXISTING FENCE TO REMAIN PROPOSED PCC GRANULAR SURFACE X X X X X X ALT BID PVC COATED CHAIN LINK 69 ITEM #:16 DATE:07-09-24 DEPT:ELEC SUBJECT:UNDERGROUND TRENCHING CONTRACT FOR ELECTRIC SERVICES COUNCIL ACTION FORM BACKGROUND: This contract is for underground trenching services for the Electric Services Department. The current contracts for this work expired June 30, 2024, and there are no remaining renewal options. The scope of work consists of a contractor furnishing all equipment, tools, labor, and materials not supplied by Electric Services for excavating, trenching, directional-boring and backfilling for installation of conduits, ground sleeves, box pads, vaults, handholes, and other appurtenances. The work also includes the necessary clearing, sheeting and shoring, boring and jacking, dewatering, pipe embedment, and other appurtenant work. Trenching and excavation services can be required as part of new construction or maintenance projects. These services are occasionally needed during off hours as part of emergency repairs. The bidding documents provide for award to multiple contractors. This has been in practice under the current contract and has worked well to meet deadlines. The primary contractor would be given a majority of the work. Should the primary contractor be unable to meet the City’s required completion date on an individual work order under the contract, that individual project work can be issued to a secondary contractor in order to meet the City’s required completion date. On May 1, 2024, Purchasing issued an Invitation to Bid was issued on AmesBids. On May 31, 2024, four bids were received. See the attached report. Electric Services staff completed evaluation of the bids. The bids included a variety of labor and equipment rates. To evaluate these bids, staff compared each firm’s bid to a base case cost for typical underground trenching scenarios and the hourly rates and unit prices bid. Staff determined that the low bid from Communications Data Link, Grimes, IA, is acceptable. This firm has previously done work for the City. The second low bidder, Ames Trenching & Excavating, Ames, IA, has previously held this contract for the City, and would serve as the secondary/backup contractor. The total amount to be awarded for this contract would be on a time and materials cost basis not to exceed $425,000. Invoices would be based on unit prices bid and actual work performed. The approved FY 2024/25 operating budget for outside services includes $425,000 for services under this contract. Additional funds, if required, are available from the underground materials budget. 70 ALTERNATIVES: 1. a) Approve a primary contract with Communications Data Link, of Grimes, IA, for the Underground Trenching Contract with Electric Services for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $250,000. b) Approve a secondary contract with Ames Trenching & Excavating, of Ames, IA for the Underground Trenching Contract with Electric Services for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $175,000. 2. Award the contract to another bidder. 3. Reject the bids and attempt to purchase these services on an as-needed basis. CITY MANAGER'S RECOMMENDED ACTION: These services provide trenching and excavation for new construction, maintenance, and emergency repair activities of the Electric Services Department. The annual renewable contracting process reduces the City’s exposure to market forces regarding prices and availability for labor, equipment, travel, and supplies for these services. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. ATTACHMENT(S): Bid Tabulation by Supplier Spreadsheet.pdf Eval for CAF.xlsx 71 Line #Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended 1 1 EA 2 Trenching- Normal Depth 1 EA $9,040.00 $9,040.00 $14,000.00 $14,000.00 $30,440.00 $30,440.00 $12,520.00 $12,520.00 2.1 Labor 2000 FT $4.52 $7.00 $15.22 $6.26 3 Trenching - Extra Depth 1 EA $2,576.00 $2,576.00 $4,800.00 $4,800.00 $7,908.00 $7,908.00 $3,004.00 $3,004.00 3.1 Labor 400 FT $6.44 $12.00 $19.77 $7.51 4 Trenching -Shallow Depth 1 EA $647.50 $647.50 $1,500.00 $1,500.00 $2,665.00 $2,665.00 $2,345.00 $2,345.00 4.1 Labor 250 FT $2.59 $6.00 $10.66 $9.38 5 Install 1" Flex Duct in Trench 1 EA $197.50 $197.50 $250.00 $250.00 $380.00 $380.00 $550.00 $550.00 5.1 Labor 250 FT $0.79 $1.00 $1.52 $2.20 6 Install 2" PVC Duct in Trench 1 EA $3,700.00 $3,700.00 $2,500.00 $2,500.00 $4,540.00 $4,540.00 $5,100.00 $5,100.00 6.1 Labor 2000 FT $1.85 $1.25 $2.27 $2.55 7 Install 4" PVC Duct in Trench 1 EA $2,180.00 $2,180.00 $2,000.00 $2,000.00 $3,050.00 $3,050.00 $3,180.00 $3,180.00 7.1 Labor 1000 FT $2.18 $2.00 $3.05 $3.18 8 Install 6" PVC Duct in Trench 1 EA $1,012.00 $1,012.00 $1,200.00 $1,200.00 $1,840.00 $1,840.00 $1,520.00 $1,520.00 8.1 Labor 400 FT $2.53 $3.00 $4.60 $3.80 9 Concrete Encasement of Duct 1 EA $96,655.00 $96,655.00 $30,280.00 $30,280.00 $38,005.00 $38,005.00 $243,845.00 $243,845.00 9.1 Labor 500 CY $17.70 $40.00 $66.01 $187.69 9.2 Materials 500 CY $175.61 $20.56 $10.00 $300.00 10 Directional Bore 2" Flex Duct 1 EA $7,080.00 $7,080.00 $14,000.00 $14,000.00 $16,250.00 $16,250.00 $13,070.00 $13,070.00 10.1 Labor 1000 FT $7.08 $14.00 $16.25 $13.07 11 Directional Bore 4" Flex Duct 1 EA $8,850.00 $8,850.00 $18,000.00 $18,000.00 $29,550.00 $29,550.00 $16,330.00 $16,330.00 11.1 Labor 1000 FT $8.85 $18.00 $29.55 $16.33 12 Directional Bore 6" Flex Duct 1 EA $11,240.00 $11,240.00 $25,000.00 $25,000.00 $53,260.00 $53,260.00 $25,420.00 $25,420.00 12.1 Labor 1000 FT $11.24 $25.00 $53.26 $25.42 13 Excavation By Hand 1 EA $8,603.00 $8,603.00 $5,000.00 $5,000.00 $6,800.00 $6,800.00 $12,814.00 $12,814.00 13.1 Labor 100 HR $86.03 $50.00 $68.00 $128.14 14 Excavation By Machine 1 EA $2,150.75 $2,150.75 $3,125.00 $3,125.00 $3,795.25 $3,795.25 $11,730.50 $11,730.50 14.1 Labor 25 HR $86.03 $125.00 $151.81 $469.22 15 Mechanical Tamping By Hand 1 EA $8,603.00 $8,603.00 $8,500.00 $8,500.00 $5,000.00 $5,000.00 $12,814.00 $12,814.00 15.1 Labor 100 HR $86.03 $85.00 $50.00 $128.14 16 Mech. Tamping by Machine 1 EA $2,150.75 $2,150.75 $3,500.00 $3,500.00 $4,185.00 $4,185.00 $3,203.50 $3,203.50 16.1 Labor 25 HR $86.03 $140.00 $167.40 $128.14 17 Install Small Enclosure 1 EA $2,782.60 $2,782.60 $7,000.00 $7,000.00 $6,087.00 $6,087.00 $19,169.00 $19,169.00 17.1 Labor 20 EA $139.13 $350.00 $304.35 $958.45 18 Install Medium Enclosure 1 EA $2,261.92 $2,261.92 $3,200.00 $3,200.00 $3,043.60 $3,043.60 $8,780.08 $8,780.08 18.1 Labor 8 EA $282.74 $400.00 $380.45 $1,097.51 19 Install Large Enclosure 1 EA $1,389.48 $1,389.48 $2,000.00 $2,000.00 $1,826.08 $1,826.08 $5,125.04 $5,125.04 19.1 Labor 4 EA $347.37 $500.00 $456.52 $1,281.26 20 Install Enclosure w/ Above Grade Lid 1 EA $5,834.40 $5,834.40 $7,000.00 $7,000.00 $6,087.00 $6,087.00 $22,050.20 $22,050.20 20.1 Labor 20 EA $291.72 $350.00 $304.35 $1,102.51 21 Install Enclosure in Sidewalk 1 EA $7,378.20 $7,378.20 $6,000.00 $6,000.00 $5,318.76 $5,318.76 $15,375.12 $15,375.12 21.1 Labor 12 EA $614.85 $500.00 $443.23 $1,281.26 22 Install Switchgear Boxpad 1 EA $3,972.60 $3,972.60 $4,800.00 $4,800.00 $6,391.26 $6,391.26 $23,122.74 $23,122.74 22.1 Labor 6 EA $662.10 $800.00 $1,065.21 $3,853.79 23 Install 1-ph Primary Enclosure 1 EA $2,912.40 $2,912.40 $2,400.00 $2,400.00 $3,195.72 $3,195.72 $7,687.56 $7,687.56 23.1 Labor 6 EA $485.40 $400.00 $532.62 $1,281.26 24 Install 3-ph Primary Enclosure 1 EA $11,649.60 $11,649.60 $6,000.00 $6,000.00 $6,391.44 $6,391.44 $23,122.80 $23,122.80 24.1 Labor 12 EA $970.80 $500.00 $532.62 $1,926.90 25 Install 1-ph FG Transformer Pad 1 EA $8,851.60 $8,851.60 $9,500.00 $9,500.00 $12,174.00 $12,174.00 $38,538.00 $38,538.00 25.1 Labor 20 EA $442.58 $475.00 $608.70 $1,926.90 26 Install 3-ph Conc Pad (6'x6')1 EA $19,818.60 $19,818.60 $24,948.30 $24,948.30 $31,727.22 $31,727.22 $46,926.00 $46,926.00 26.1 Labor 6 EA $2,761.68 $3,500.00 $87.87 $6,094.00 26.2 Materials 6 EA $541.42 $658.05 $5,200.00 $1,727.00 27 Install 3-ph Conc Pad (9'x9')1 EA $8,426.28 $8,426.28 $10,474.16 $10,474.16 $13,875.74 $13,875.74 $22,328.90 $22,328.90 27.1 Labor 2 EA $3,186.56 $4,250.00 $87.87 $8,373.20 27.2 Materials 2 EA $1,026.58 $987.08 $6,850.00 $2,791.25 28 Concrete Removal 1 EA $531.00 $531.00 $2,125.00 $2,125.00 $2,000.00 $2,000.00 $2,471.00 $2,471.00 28.1 Labor 25 CY $21.24 $85.00 $80.00 $98.84 29 Concrete Installation 1 EA $11,647.00 $11,647.00 $6,050.00 $6,050.00 $11,946.75 $11,946.75 $34,403.50 $34,403.50 29.1 Labor 25 CY $141.62 $135.00 $87.87 $1,126.14 29.2 Materials 25 CY $324.26 $107.00 $390.00 $250.00 30 Bollard Installation 1 EA $9,044.48 $9,044.48 $4,098.80 $4,098.80 $4,702.96 $4,702.96 $4,353.76 $4,353.76 30.1 Labor 8 EA $212.44 $400.00 $87.87 $469.22 30.2 Materials 8 EA $918.12 $112.35 $500.00 $75.00 31 Grass Seed & 1 Watering 1 EA $2,074.00 $2,074.00 $449.00 $449.00 $478.61 $478.61 $3,774.00 $3,774.00 31.1 Labor 200 SY $3.44 $55.00 $87.87 $18.77 31.2 Materials 200 SY $6.93 $1.42 $1.07 $0.10 32 Pothole for Buried Utilities in Pavement 1 EA $8,789.00 $8,789.00 $35,000.00 $35,000.00 $25,000.00 $25,000.00 $39,622.00 $39,622.00 32.1 Labor 100 HR $87.89 $350.00 $250.00 $396.22 33 Pothole for Buried Utilities in Grass 1 EA $4,394.50 $4,394.50 $10,000.00 $10,000.00 $10,750.00 $10,750.00 $19,811.00 $19,811.00 33.1 Labor 50 HR $87.89 $200.00 $215.00 $396.22 34 Other Rates 1 EA 35 1 HR $129.26 $72.00 $87.87 $469.22 36 Subsistence 1 DAY $75.00 $75.00 $150.00 $150.00 $0.00 $0.00 $150.00 $150.00 37 Travel 1 EA $600.00 $600.00 $350.00 $350.00 $0.00 $0.00 $469.22 $469.22 38 Mileage 1 EA No Bid $0.68 $0.68 $0.00 $0.00 No Bid 39 Material Costs:Cost plus ________%1 EA 10.0%10.0%15.0%10.0% 40 1 EA 41 Labor Rates 1 EA 3.5%3.0%5.0%4.0% 42 Travel & Subsistence 1 EA 3.5%3.0%0.0%3.0% INTREN, LLC Communication Data Link Ames Trenching & Excavating JF Electric, Inc. 2024-136 Addendum 1 - Page 1 72 Work Item Description Unit Qty Intren Unit Cost Intren Total Comm Data Link Unit Cost Comm Data Link Total Ames Trenching Unit Cost Ames Trenching Total JF Electric Unit Cost JF Electric Total Excavation by machine (per hr)8 86.03$ 688.24$ 125.00$ 1,000.00$ 151.81$ 1,214.48$ 469.22$ 3,753.76$ Tamp by machine (per hr)5 86.03$ 430.15$ 140.00$ 700.00$ 167.40$ 837.00$ 128.14$ 640.70$ Misc Labor (per hr)42 129.26$ 5,428.92$ 72.00$ 3,024.00$ 87.87$ 3,690.54$ 469.22$ 19,707.24$ Pothole in grass (per hr)1 87.89$ 87.89$ 200.00$ 200.00$ 215.00$ 215.00$ 396.22$ 396.22$ Skid Loader (per hr)5 86.03$ 430.15$ 75.00$ 375.00$ 190.00$ 950.00$ 26.50$ 132.50$ Materials $775 10%852.50$ 10%852.50$ 15%891.25$ 10%852.50$ Trucking (each)1 35.00$ 35.00$ 48.00$ 48.00$ 140.00$ 140.00$ 37.75$ 37.75$ Subsistence (1 man per day)14 75.00$ 1,050.00$ 150.00$ 2,100.00$ -$ -$ 150.00$ 2,100.00$ Travel (each)1 600.00$ 600.00$ -$ -$ 469.22$ 469.22$ Project Total Cost 9,602.85$ 8,299.50$ 7,938.27$ 28,089.89$ Airport Rd & S. Riverside Dr (E23-094) - Install pad swgr & extend conduit 73 ITEM #:17 DATE:07-09-24 DEPT:ELEC SUBJECT:ELECTRIC DEPARTMENT PRIMARY CABLE PURCHASE COUNCIL ACTION FORM BACKGROUND: This contract is for the purchase of primary cable necessary to meet the anticipated needs of the City's electric distribution system. This cable is kept on hand in order to ensure availability which will enable staff to quickly make repairs to maintain or restore utility services. Staff issued a Request for Quotation (RFQ) for an inventory restock, containing one requested product. On June 20, 2024, an RFQ document was posted to Ames Bids, the electronic bidding site. A total of six potential bidders viewed the project. On June 28, 2024, bids were received as follows: RESPONDING SUPPLIER RESPONSE TOTAL (inclusive of tax) LEAD TIME RESCO of Ankeny, IA $122,622.00 30 weeks WESCO of Des Moines, IA $135,462.00 1 week (in stock) Dakota Supply Group of Ames, IA $167,241.00 32 weeks Westex Group of Rockville, MD $167.562.00 2 weeks Graybar Electric of Des Moines, IA $199,257.54 1 week Although RESCO submitted the lowest bid, the lead time is estimated to be 30 weeks. The second lowest bid is 10.5% higher in cost, but the vendor has the cable in stock. Electric Services is not obligated to accept the low bid. Rather, it can award a contract for the bid that is in the best interest for the utility and its customers. Immediate access to the cable is important to meeting customer's needs. The 30-week lead time of the low bidder does not meet the needs of the Electric Department and is unacceptable. Considering this analysis, staff has determined it is in the best interest of the City to award the bid to WESCO. There is no budgeted amount for this purchase. The cable will be placed into inventory, where it will be charged to each specific projects as the material is put into service. ALTERNATIVES: 1. Award a contract to WESCO Distribution of Des Moines, Iowa for the purchase of primary cable in the amount not to exceed $135,462.00. Payments will be based on unit prices and quantities ordered inclusive of all applicable sales taxes. 2. Direct staff to award the contract to another bidder. 3. Reject the bids. 74 CITY MANAGER'S RECOMMENDED ACTION: Primary cable is a critical component to provide reliable electric distribution services to the utility customers. Having cable readily available for quick repairs without significant disruption to services is imperative. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 75 ITEM #:18 DATE:07-09-24 DEPT:P&R SUBJECT:STUART SMITH PARK PLAYGROUND EQUIPMENT COUNCIL ACTION FORM BACKGROUND: Park playground equipment is replaced approximately every twenty years according to a replacement plan maintained by City staff. Because some equipment gets used more than others, staff annually reviews all playground equipment to determine the condition of each piece of equipment and whether it should be replaced. After each review, staff recommends which structures should be in included in the five-year Capital Improvements Plan (CIP). The playground equipment in Stuart Smith Park, 1501 S. 4th St., was included in the FY 2023/24 CIP for replacement. Staff sent a Request for Proposals (RFP) to qualified playground equipment representatives, inviting them to submit proposals to replace the playground equipment in Stuart Smith Park. The RFP stated that $60,000 was available for playground equipment and installation. Staff received multiple proposals and evaluated them based on the following criteria: safety; play features including balancing, spinning, sliding, climbing and swinging components; site compatibility; accessibility and inclusivity; supports physical, cognitive, and emotional/social development; cost vs. relative play value; unique play features; and aesthetics compared to existing structures within the park, as well as the overall park system. Three vendors submitted proposals: 1. Boland Recreation, Marshalltown, Iowa 2. Play-Pro Recreation, Clive, Iowa 3. Cunningham Recreation, Charlotte, North Carolina PUBLIC OUTREACH: Staff evaluated the multiple proposals received and selected two options from Play-Pro Recreation and one from Boland Recreation to present for public feedback (see Attachment A). Residents were asked to provide feedback on the playground proposals through a survey that was included in the weekly Parks and Recreation E-newsletter, which is sent to over 12,000 emails. Additionally, staff presented the options at the June 6 Municipal Band Concert and the Juneteenth event on June 15 at Bandshell Park and asked visitors to those events to complete the survey. In total, almost 400 surveys results were received. Survey results indicate that respondents favored Option 2 (199) over Option 3 (104) and Option 1 (57). Nineteen individuals did not have a preference. The survey also asked residents if they lived within walking distance of the park. Of the respondents, only 68 individuals lived within walking distance of the park. BUDGET: There is $70,500 budgeted for a new playground structure, swings, concrete playground border, and 76 engineered wood fiber safety surfacing. The cost of the playground and installation of Option 2 is $59,990. The approximate cost for the concrete playground border and surfacing is $10,000. ALTERNATIVES: 1. Award contract to Play-Pro Recreation, Clive, Iowa, to purchase playground equipment (Option 2) for Stuart Smith Park in the amount of $59,990. 2. Award contract to Boland Recreation, Marshalltown, Iowa, to purchase (Option 3) for Stuart Smith Park in the amount of $60,000. 3. Award contract to Play-Pro Recreation, Clive, Iowa, to purchase (Option 1) for Stuart Smith Park in the amount of $59,990. 4. Do not award a contract. 5. Refer this item back to staff for further information. CITY MANAGER'S RECOMMENDED ACTION: Residents of Ames, year after year, rate the playgrounds in the parks good or very good over ninety percent of the time. In an effort to keep playground equipment safe and enjoyable, they need to be replaced on a periodic basis. The playground at Stuart Smith Park is due for a replacement. Based on feedback from staff and residents, Option 2 is the most desired playground equipment proposal. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 as noted above. ATTACHMENT(S): Attachment A - Stuart Smith Park Playground Options.pdf 77 Or scan to vote online Option 1 STUART SMITHPARK Alternate View 78 Or scan to vote online Option 2 STUART SMITHPARK Alternate View 79 Or scan to vote online Option 3 STUART SMITHPARK Alternate View 80 ITEM #:19 DATE:07-09-24 DEPT:P&R SUBJECT:BANDSHELL PARK PLAYGROUND EQUIPMENT COUNCIL ACTION FORM BACKGROUND: Park playground equipment is replaced approximately every twenty years according to a replacement plan maintained by City staff. Because some equipment gets used more than others, staff annually reviews all playground equipment to determine the condition of each piece of equipment and whether it should be replaced. After each review, staff recommends which structures should be in included in the five-year Capital Improvements Plan (CIP). The playground equipment in Bandshell Park, 125 E. 5th St., was included in the FY 2023/24 CIP for replacement. Staff conducted a Request for Proposals (RFP) inviting qualified playground equipment representatives to submit proposals to replace the playground equipment at Bandshell Park. The RFP stated that $72,500 was available for playground equipment and installation. Staff received multiple proposals and evaluated them on the following criteria: safety; play features including balancing, spinning, sliding, climbing and swinging components; site compatibility; accessibility and inclusivity; supports physical, cognitive, and emotional/social development; cost vs. relative play value; unique play features; and aesthetics compared to existing structures within the park, as well as the overall park system. The three vendors that submitted proposals are shown below: 1. Boland Recreation, Marshalltown, Iowa 2. Play-Pro Recreation, Clive, Iowa 3. Cunningham Recreation, Charlotte, North Carolina PUBLIC OUTREACH: Staff evaluated the multiple proposals and selected two options from Play-Pro Recreation and one from Boland Recreation to present for public feedback. Residents were then asked to provide feedback on the playground proposals through a survey that was included in the weekly Parks and Recreation E- newsletter, which is sent to over 12,000 emails. Additionally, staff presented the options at the June 6 Municipal Band Concert and the Juneteenth event on June 15 at Bandshell Park and asked visitors to those events to complete the survey. In total, almost 400 surveys were submitted regarding their preferences of the three options shown in Attachment A. Survey results indicate that respondents favored Option 1 (226) over Option 2 (122) and Option 3 (24). Seven respondents did not have a preference. The survey also asked residents if they lived within walking distance of the park. A majority of the individuals that responded to the survey did not live within walking distance of Bandshell Park (268). However, 111 of the respondents do live within walking distance of Bandshell Park. BUDGET: There is $84,000 available for a new playground structure, swings, concrete playground border, and 81 engineered wood fiber safety surfacing. The cost of the playground and installation of Option 1 is $72,440. The approximate cost for the concrete playground border and surfacing is $11,500. ALTERNATIVES: 1. Award a contract to Play-Pro Recreation, Clive, Iowa, to purchase playground equipment (Option 1) for Bandshell Park in the amount of $72,440. 2. Award a contract to Play-Pro Recreation, Clive, Iowa, to purchase playground equipment (Option 2) for Bandshell Park in the amount of $72,440. 3. Award a contract to Boland Recreation, Marshalltown, Iowa, to purchase playground equipment (Option 3) for Bandshell Park in the amount of $72,500. 4. Do not award a contract at this time. 5. Refer this item back to staff for further information. CITY MANAGER'S RECOMMENDED ACTION: Residents of Ames continually rate the playgrounds in the parks good or very good over 90 percent of time as part of the resident satisfaction survey. In an effort to continually provide excellent playground amenities that are safe and enjoyable, the equipment needs to be replaced on a periodic basis. The playground at Bandshell Park is heavily used throughout the year because of its close proximity to downtown Ames. It is time for the playground to be replaced and updated. Based on feedback from staff and residents, Play-Pro Recreation, Clive, Iowa, provided the most desirable playground equipment proposal. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as noted above. ATTACHMENT(S): Attachmenet A - Bandshell Park Playground Options.pdf 82 Or scan to vote online Option 1 BANDSHELLPARK Alternate View 83 Or scan to vote online Option 2 BANDSHELLPARK Alternate View 84 Option 3 BANDSHELLPARK Or scan to vote online Alternate View 85 ITEM #:20 DATE:07-09-24 DEPT:FLEET SUBJECT:FLEET REPLACEMENT PROGRAM - AERIAL PLATFORM AND CHIP BOX BODY FOR FORESTRY TRUCK COUNCIL ACTION FORM BACKGROUND: The Parks and Recreation Department has one light duty aerial truck to support the forestry maintenance crew for the City. The forestry truck has an aerial platform equipped with a 40-foot boom and bucket. This essential truck is used year-round to support the forestry crew's maintenance of trees in the City’s parks, right of way, and properties. The truck is a critical vehicle when the City is faced with storm cleanup. The City’s current truck is a 2002 model that was scheduled for replacement in FY 2023/24. Bids for a new bare chassis were received on September 8, 2023. Council awarded the contract to Stivers Ford of Waukee for the chassis, which was delivered to the City Fleet Services early in 2024. Specifications were developed and bids solicited to equip the chassis with a 40-foot aerial boom with bucket, a dumping wood chip containment box, and accessories. Adding the dumping chip box will allow the forestry crew to work from one truck with a chipper in tow, in most cases eliminating a second truck to haul wood chips. One bid was received to equip the chassis with the specified forestry equipment: BIDDER FORESTRY EQUIPMENT TOTAL UPFIT COST Hiway Truck Equipment Inc. of Fort Dodge, Iowa ArmLift, TK46 Aerial Platform, with 41' boom & basket, Hughes, 12.5 Cu. Yd. Dumping Chip Box, and controls Accessories: Lights, toolboxes, items to complete truck $154,102.00 Staff reviewed the bid from Hiway Truck Equipment of Fort Dodge and has determined it meets the minimum specifications and is acceptable. Purchase Price paid for one Ford F550 chassis from Stiver's Ford $ 62,077.70 This bid: Forestry Aerial Platform, and Chip Box $154,102.00 Total for Completed Forestry Truck $216,179.70 Funding is available to complete the forestry truck as follow: Escrow used to Purchase Chassis $62,077.70 Replacement Funds at time of delivery in June 2025 $141,242.75 Escrow Adjustment in FY 2024/25 $8,000.00 Salvage Value of equipment being replaced $5,000.00 Available Funding for Forestry Aerial Platform, and Chip Box $216,320.45 ALTERNATIVES: 86 ALTERNATIVES: 1. Award a contract to Hiway Truck Equipment of Fort Dodge, IA, as the acceptable low bidder for the Forestry Aerial Platform, Chip Dump Box, and Accessories in the amount of $154,102. 2. Reject the bid and attempt to rebid the vehicle at a later date. CITY MANAGER'S RECOMMENDED ACTION: Parks and Recreation staff and the Fleet Services Director have thoroughly evaluated this bid and agree that the equipment provided by Hiway Truck Equipment of Fort Dodge, Iowa will meet the needs of the d e p a r t m e n t . Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. 87 ITEM #:21 DATE:07-09-24 DEPT:FLEET SUBJECT:FLEET REPLACEMENT PROGRAM - TWO ALL-ELECTRIC SMALL SUVS COUNCIL ACTION FORM BACKGROUND: In support of the City Council's initiative to increase the percentage of electric vehicles in the City’s fleet, the operating departments and Fleet Services are focusing on the best candidate vehicles for transition to Electric Vehicles (EVs). Two five-passenger SUVs are due to be replaced in FY 2024/25: one for Electric Services Engineering and one for Water Administration. These two all-gas vehicles are good candidates to be replaced with EVs based on the required duty, the location in the city, and the price range. Bids for 5-Passenger EV SUVs with AWD were received from dealers as follows: BIDDER MAKE/MODEL YEAR UNIT PRICE PRICE FOR TWO American Vet Works Inc. of Newport, NY Subaru / EV Solterra AWD 2024 $ 40,995 $ 81,990 Wilson Auto Group of Ames, IA Toyota / bz4X EV AWD 2024 $ 47,734.00 $ 95,468.00 Smart Honda of DM Honda / EV Prologue AWD 2024 $ 49,852.99 $ 99,705.98 The low bid for two 5-passenger all-electric Subaru EV Solterras with AWD is from American Vet Works Inc. of Newport, NY for $81,990. The bid is acceptable, and satisfies the City’s specification. The estimated time of delivery is October 2024. The Subaru Solterra’s single-charge average range is 228 miles. A charging station will be installed at the Water Plant to accommodate the new EV. None of the bid EVs qualify for an Inflation Reduction Act tax credit. Funding for this purchase is available as follows: Purchase price for two 2024 EV Solterra AWD $ 81,990.00 Fleet Replacement Funds: City Vehicle #224 Div. 47 replacement fund (May 31, 2024) $ 26,413.40 Department's monthly contribution: $274.60/mo. (June - Sept) 1,098.40 City Vehicle #963 Div. 35A replacement fund (May 31, 202) 29,227.40 Department's monthly contribution: $311.60/mo. (June - Sept) 1,246.40 Fleet Replacement Fund Balance #224 and #963 (9/30/24) $ 57,985.60 88 Funding Sources: Replacement funds for two existing vehicles (October 1, 2024) $ 57,985.60 Funds from Fleet EV Support Fund $ 12,000.00 Estimated salvage value of the 2 existing vehicles $ 12,500.00 Total available funding for the purchase $ 82,485.60 ALTERNATIVES: 1. Award a contract to American Vet Works Inc. of Newport, NY for two 2024 Subaru EV Solterras with AWD for $81,990. 2. Award a contract to one of the other bidders. 3. Reject the bids. CITY MANAGER'S RECOMMENDED ACTION: The Fleet Director and staff from the affected departments agree the 2024 Subaru EV Solterra AWDs will provide reliable transportation for City staff and support green initiatives at the best price. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. 89 ITEM #:22 DATE:07-09-24 DEPT:W&PC SUBJECT:WATER TREATMENT PLANT LIME SLUDGE DISPOSAL CONTRACT RENEWAL COUNCIL ACTION FORM BACKGROUND: The City of Ames Water Treatment Plant (WTP) is a conventional lime-softening facility that generates lime sludge as a by-product of the softening process. The lime sludge consists primarily of calcium carbonate and magnesium hydroxide, which is dewatered and stored in lagoons prior to disposal on agricultural ground as a soil conditioner. To continue to have adequate storage capacity, the lime sludge must be cleaned out of the lagoons annually. On June 13, 2023, City Council awarded a contract to Wulfekuhle Injection and Pumping, Inc. of Peosta, Iowa for the removal and disposal of lime sludge. The contract calls for the removal of 26,000 wet tons of lime at a unit cost of $14.89 per wet ton, and mobilization charges of $5,000 for a total contract price of $392,140. The contract is renewable annually for a total of five years, dependent on successful performance by the contractor each year. The contract unit prices are fixed for the entire five- year agreement. Work performed under contract for FY 2023/24 is approximately one-third complete due to the wet spring. The contractor has assured staff that it will get the remaining tonnage hauled out and land- applied as soon as weather cooperates. Staff recommends awarding the second year of the agreement to Wulfekuhle Injection and Pumping Inc. in an amount not to exceed $392,140 for FY 2024/25 (contract period July 1, 2024 – June 30, 2025). Lime Sludge Disposal 26,000 wet tons @ $14.89/ton $387,140 Mobilization 1 @ $5,000 ea.$5,000 Total FY 24/25 Contract $392,140 Award for future renewal years will be brought to Council annually and will be subject to the contractor ’s acceptable ongoing performance, the proposed cost increase, and the annual allocation of sufficient funds. ALTERNATIVES: 1. Award a contract to Wulfekuhle Injection and Pumping Inc. of Peosta, IA, for FY 2024/25 (Year Two of a five-year contract) for lime sludge disposal services in the amount of $392,140. 2. Reject bids and direct staff to solicit new bids for lime sludge disposal. 3. Reject bids and direct staff to pursue landfilling of the lime sludge in lieu of land application. 90 CITY MANAGER'S RECOMMENDED ACTION: Wulfekuhle Injection and Pumping, Inc. is currently completing the FY 2023/24 lime sludge disposal. The original bid included the option to extend the agreement for up to five years, on a year-to-year basis. Staff is satisfied with the performance of the contractor to date and is recommending that a second year be awarded at the same cost as FY 2023/24. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. 91 To:Mayor and City Council From:City Clerk's Office Date:July 3, 2024 Subject:Contract and Bond Approval Item No. 23 MEMO There is no Council Action Form for the 2023/24 Water System Improvements (Kellogg Avenue & 11th Street) with Jet Drain Services, LLC, of Ames, Iowa. City Council approval of the contract and bond for the project is simply fulfilling a State Code requirement. /cmw City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 92 To:Mayor and City Council From:City Clerk's Office Date:July 3, 2024 Subject:Contract and Bond Approval Item No. 24 MEMO There is no Council Action Form for the 2024/25 Clear Water Diversion Program - Douglas Avenue (14th Street - 16th Street) with Iowa Water & Waste Systems LLC of Ames, Iowa. City Council approval of the contract and bond for the project is simply fulfilling a State Code requirement. /cmw City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 93 To:Mayor and City Council From:City Clerk's Office Date:July 3, 2024 Subject:Contract and Bond Approval Item No. 25 MEMO There is no Council Action Form for the 2024/25 Right-Of-Way Restoration with Alpha Landscapes LLC of Johnston, Iowa. City Council approval of the contract and bond for the project is simply fulfilling a State Code requirement. /cmw City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 94 ITEM #:26 DATE:07-09-24 DEPT:W&PC SUBJECT:ACCEPT COMPLETION OF YEAR TWO OF WATER PLANT WELL REHABILITATION CONTRACT COUNCIL ACTION FORM BACKGROUND: On May 9, 2023, Council awarded a contract renewal to Northway Well and Pump Company for Year Two of a five-year contract to rehabilitate four wells during FY 2023/24. All work covered by Year Two has been successfully completed. An Engineer's Statement of Completion is attached. The final project budget and expenses are as shown below. Expenses Authorized Budget Original Contract Award 120,066.16 Change Order #1 - Repairs to Well Nos. 9 and 10 13,228.00 Change Order #2 - Drop pipe for Well No. 13 646.00 FY 2023/24 Operating Budget Well Rehabilitation 120,066.00 Well Repairs 28,000.00 TOTALS 133,940.16 148,066.00 ALTERNATIVES: 1. Accept final completion of year two of the five-year Water Plant well rehabilitation contract in the final amount of $133,940.16. 2. Do not accept completion of the work at this time. CITY MANAGER'S RECOMMENDED ACTION: The second year of the Water Plant well rehabilitation contract has been successfully completed in accordance with the plans and specifications. An Engineer's Statement of Completion has been received and is attached. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. ATTACHMENT(S): Engineer's Statement of Completion Year 2.pdf 95 96 ITEM #:27 DATE:07-09-24 DEPT:W&PC SUBJECT:FINAL COMPLETION OF WPC FACILITY CATERPILLAR G379 METHANE/NATURAL GAS ENGINE-GENERATOR OVERHAUL COUNCIL ACTION FORM BACKGROUND: The Water Pollution Control (WPC) Facility uses methane generated during the wastewater treatment process to power engines that generate electricity. The engines produce heat, which is used in the wastewater treatment process, and generate electricity, which lowers the peak electric demand of the facility and thereby reduces costs. The engines require periodic maintenance and overhauls. On December 12, 2023, the Ames City Council awarded a contract to Altorfer Power Systems of Cedar Rapids, Iowa in the amount of $167,655.05 to provide all labor, equipment, materials, and other components necessary to complete the WPC Facility Methane Engine-Generator Overhaul Project. During disassembly, cracks in the cylinder block were discovered. A change order for $10,475 was added for completion of the work to repair the cracks, bringing the final contract amount to $178,130.05. This new contract total is within the $192,690 authorized funding for the project. As of June 12, 2024, work for the WPC Facility Methane Engine-Generator Rehabilitation Project was completed in accordance with the contract and City specifications. It is the recommendation of staff to accept completion and authorize payment in accordance with the contract. ALTERNATIVES: 1. Accept completion of the WPC Facility Caterpillar G379 Methane/Natural Gas Engine Generator Overhaul Project by Altorfer Power Systems of Cedar Rapids, Iowa in the amount of $178,130.05, and authorize final payment in accordance with the contract documents. 2. Do not accept completion of the WPC Facility Methane Engine-Generator Rehabilitation Project at this time. CITY MANAGER'S RECOMMENDED ACTION: Repairs to the engine were completed on June 12, 2024. City staff has operated and inspected the engine for over two weeks and has found no issues with the work. It is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. ATTACHMENT(S): Engineer's Statement of Completion.pdf 97 98 ITEM #:28 DATE:07-09-24 DEPT:PW SUBJECT:VACATION OF RIGHT-OF-WAY ADJACENT TO 302 AND 212 SONDROL AVE AND CONVEYANCE TO 302 SONDROL, LLC. COUNCIL ACTION FORM BACKGROUND: City staff was approached by the owner of 302 and 212 Sondrol Avenue, requesting the vacation and conveyance of a 10' strip of public right-of-way (ROW) adjacent to their property. Mechanical Comfort, currently located at 302 Sondrol Ave, desires to expand their facility south into 212 Sondrol Ave, which they also own. The vacation of the ROW is required to meet zoning regulations for the proposed new parking lot and landscaping associated with the building expansion. When this industrial area was originally platted in 1986, the ROW for Sondrol Avenue was dedicated at 80' in width. If the area were developed today, the current roadway standards would have the ROW at only 60' in width. Thus, based on current standards, there is "excess" ROW of 10' on each side of the street. Utility companies have been contacted and there is no known existing infrastructure in this 10' area adjacent to these properties. As a condition of vacation and conveyance, a public utility easement will be established over the entire vacated area, as indicated on the vacation and easement plats, to accommodate any future utility needs. The easement will be presented to City Council for approval on July 23, 2024, during the public hearing for the vacation and conveyance. According to the City’s standard formula, the valuation of this 10' strip of ROW is $10,177.20, which is based on adjacent land values minus 10% for quit claim deed and minus 15% for maintaining an easement. ALTERNATIVES: 1. Approve the vacation of right-of-way adjacent to 302 and 212 Sondrol Ave and conveyance to 302 Sondrol, LLC. a. Set the date of Public Hearing as July 23, 2024, for the vacation of the 10' strip of right-of-way adjacent to 302 and 212 Sondrol Avenue. b. Set the date of Public Hearing as July 23, 2024, to approve the conveyance of the vacated 10' strip of right-of-way adjacent to 302 and 212 Sondrol Avenue to 302 Sondrol, LLC., for $10,177.20 (as determined by the City's standard formula). 2. Do not proceed with vacation or conveyance of right-of-way adjacent to 302 and 212 Sondrol Ave. CITY MANAGER'S RECOMMENDED ACTION: The conveyance of the 10' strip of right-of-way is needed to facilitate the expansion plans for Mechanical Comfort. Conveyance of this strip would match the current standards for industrial right-of- way width. There are no known utilities in this strip and the strip will also be dedicated to the City as a Public Utility Easement. Therefore, it is the recommendation of the City Manager that the City Council 99 adopt Alternative No.1, as noted above. ATTACHMENT(S): 302 Sondrol - General Location.pdf 302 Sondrol - Vacation Request.pdf 302 Sondrol - New PUE.pdf 100 Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community, Esri Community Maps Contributors, City of Ames, County of Story, Iowa DNR, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS M © City of Ames, Iowa makes no warranties, expressed or implied, including without limitation, any warranties of merchantability or fitness for a particular purpose. In no event shall the City of Ames be liable for lost profits or any consequential or incidental damages caused by the use of this map.Esri, NASA, NGA, USGS, FEMA | Esri Community Maps Contributors, City of Ames, County of Story, Iowa DNR, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS | City of Ames IA | City of Ames IA, Pictometry | City of Ames, IA, Pictometry, EagleView 2019 | City of Ames, IA | IA DNR | Original construction by PMC, ProMap Corporation. | Original construction by Miller & Associates. Conversion to ESRI database and georeferencing by PMC, ProMap Corporation. | 1:9,028 Name: Web AppBuilder for ArcGIS ArcGIS Web Map 101 Renaud Engineering LLC June 21, 2024 John Joiner, Public Works Director Public Works Department City of Ames 515 Clark Avenue Ames, Iowa 50010 RE: Request to Vacate Right of Way 302 Sondrol Avenue Mechanical Comfort Properties Dear Mr. Joiner: On behalf of the owner of 302 Sondrol LLC (aka Mechanical Comfort at 302 Sondrol Avenue), we are requesting the City vacate 10 feet of Sondrol Avenue right of way as shown on the attached ROW Vacation Plat. The current width of the street’s right of way is 80 feet; 40 feet to each side of centerline. This will reduce the right of way on the east/south sides to 30 feet. The requested right of way vacation is 3,855 square feet. The purpose of the vacation is to enlarge the 302 Sondrol lot to allow for building expansion, necessary parking to serve the building, and to meet the City’s landscape requirements. The additional right of way will be used primarily for additional site landscaping including the addition of trees. Thank you for your time and consideration in this matter. Sincerely, Scott Renaud Scott Renaud, P.E. Attachment – ROW Vacation Plat cc: Darin Stoll and Jarrett Pfrimmer with Mechanical Comfort Jeff Harris, RMH Architects Justin Moore, City of Ames Planning Department Damion Pregitzer, Ames Traffic Department 102 Lot 1, Third Addition to Sondrol's Subdivision to Ames, Iowa (302 Sondrol Avenue, Ames, Iowa); AND Lot 3, Second Addition to Sondrol's Subdivision to PLAT OF SURVEY CITY OF AMES RIGHT-OF-WAY VACATION PLAT Renaud Engineering, LLC - Attn: Scott Renaud, P.E. Surveyor Company: Return To: Sondrol Avenue City of Ames INDEX LEGEND Location: Requestor: Proprietor: Surveyor: Beck Engineering, Inc. 2480 Berkshire Parkway, Suite B Clive, Iowa 50325 info@beck-engineering.net (515) 330-1538 Brad M. Beck, P.E., P.L.S. #17765 I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. Date: Brad M. Beck, P.E., P.L.S. #17765 License renewal date:12/31/2025 Pages certified by this seal:1 Civil Engineering - Land Surveying Landscape Architecture BECK ENGINEERING, INC. (1" = 80') 40 800 GRAPHIC SCALE N BEI PROJECT #: S24054 DRAFTED BY: AJ SURVEYED: JUNE, 2024 BY AJ LEGEND FOUND YELLOW CAPPED 1/2" REBAR #17161 FOUND 5/8" REBAR FOUND YELLOW CAPPED 5/8" REBAR #7037 PLATTED UTILITY EASEMENT FOUND 1/2" REBAR FOUND CUT 'X' IN CONCRETE PAVEMENT SET CUT 'X' IN CONCRETE PAVEMENT COMPUTED POINT NOTHING SET SET YELLOW CAPPED 1/2" REBAR #17765 LOT 2 LOT 1 LOT 6LOT 5 LOT 4 (SURVEY INSTRUMENT #: 2007-00010775) LOT 7 LOT 3 N0 1 ° 5 9 ' 0 1 " W 15 1 . 8 5 ' ( 1 5 2 . 0 0 ' ) N88°47'39"E 154.60' (154.27') S0 1 ° 2 0 ' 5 6 " E 1 5 2 . 0 6 ' ( 1 5 2 . 0 0 ' ) N88°52'35"E 152.92' (152.72') N88°52'35"E 80.00' (80.00') N02°14'23"W 36.30' (36.14') S82°01'57"E 120 . 8 2 ' ( 1 2 1 . 0 0 ' ) N02°13'06"W 37.42' (37.34') LOT 2 SONDROL AVENUE SECOND ADDITION TO SONDROL'S SUBDIVISION 5' 10' 5' 10' 5' RECORD DIMENSION( ) C1 C2 C3 C4 Curve Table CURVE # C1 C2 C3 C4 LENGTH 101.25' 161.82' (161.82') 144.43' 77.98' RADIUS 66.85' 106.85' (106.85') 146.85' 146.85' BEARING N45°18'49"W S45°18'49"E S30°06'01"E S73°29'21"E CHORD LENGTH 91.84' (91.84') 146.80' 138.68' 77.07' (76.93') Δ ANGLE 86°46'40" 86°46'40" (86°46'40") 56°21'04" 30°25'36" N0 1 ° 0 6 ' 4 8 " W 10 5 . 6 5 ' ( 1 0 5 . 5 9 ' ) 88.24' (88.78') 5' 86°46'40" PARCEL 'A' SW1/4 SW1/4 SEC. 1-83-24 (SURVEY INSTRUMENT #: 2017-02001) SURVEYOR'S NOTES: -FOR THIS SURVEY, THE EAST LINE OF LOT 1, SONDROL'S THIRD ADDITION, IS ASSUMED TO BEAR S01°20'56"E AS SHOWN FROM THE IOWA REGIONAL COORDINATE SYSTEM, ZONE 8: AMES-DES MOINES. ALL DISTANCES MEASURED USING THE U.S. SURVEY FOOT. 5'SECOND ADDITION TO SONDROL'S SUBDIVISION 5' 10' 5' 5' BENT 5' 5' 10' OUTLOT 6 SONDROL'S SUBDIVISION I hereby certify on ___________________ that the Plat of Survey is consistent with Chapter 23 of the Ames Municipal Code and any conditions of approval. ___________________________________ Planning & Housing Director LOT 1 SONDROL'S THIRD ADDITION NW COR. LOT 1 P.O.B. SE COR. LOT 3 FEMA NOTES: -THE SPECIAL FLOOD HAZARD AREA DOES AFFECT PARTS OF THE PROPERTY. -PARCELS LIE WITHIN THE SPECIAL FLOOD HAZARD AREA AS SHOWN ON THE FIRM PANEL 19169CO163G EFFECTIVE 1/15/2021. FLOODWAY FRINGE BOUNDARY FLOODWAY FRINGE BOUNDARY STORM SEWER EASEMENT NOTE: -SEE STORM SEWER EASEMENT RECORDED AS INSTRUMENT #: 2024-03935, LOCATED AT THE STORY COUNTY RECORDER'S OFFICE. SEE STORM SEWER EASEMENT NOTE 10.00' S88°47'39"W 10.00' S0 1 ° 5 9 ' 0 1 " E 15 1 . 8 4 ' S02°14'23"E 36.44' N01°17'51"E 10.00' C5 116.39'76.85'S45°18'49"E 105.58'86°46'40" C5 PARCEL 3,855 S.F. S88°50'57"E 88.67' N01°06'48"W 10.00' 103 104 To:Mayor & City Council From:Casandra Eames, Diversity, Equity and Inclusion Coordinator Date:July 5, 2024 Subject:Annual Diversity Equity and Inclusion (DEI) Update Item No. 29 MEMO Attached is the 2024 DEI PowerPoint. ATTACHMENT(S): DEI_Update_23-24.pptx City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 105 Diversity, Equity, and Inclusion Annual Update July 2024 Casandra Eames 106 INITIAL TASKS ASSIGNED: Researched different city models for DEI plans Connected with cities/counties in Iowa that have a DEI Coordinator. (These cities did not have a formal plan to share.) Now participate in monthly zoom meetings and in- person retreats for support and resource sharing. In addition, connected with Ann Arbor, MI; Fort Collins, CO; Lansing, MI; Columbia, MO Met with each City Executive Leadership Team and toured their facilities 2 107 RECRUITMENTS Shadowed HR staff during recruitment/selection process from beginning to end Participated in 8 recruitments across different departments Work closely with HR and attend ongoing meetings 108 AMERICANS WITH DISABILITIES ACT (ADA) Attended the ADA National Conference in May 2023 Currently undergoing training to become a certified ADA Coordinator Connected with Mainstream and Childserve to learn about their services, and tour facilities Met with APD Dispatch to understand how calls come through and taking on a call from someone who is hard of hearing or deaf Established the ADA Committee for the City of Ames Address any complaint from the public related to ADA 4 109 ADA CONTINUED Began updating the City’s Transition plan alongside staff from Inspections Conduct walk throughs of public buildings along with staff from Inspections. Documenting, measuring, taking pictures Gained familiarity with the Parks and Recreation Department’s Accessibility Audit Engaged in conversations surrounding the City’s website redesign and the ADA component Attended the Ames Chamber Untapped Workforce: Individuals with Disabilities 5 110 FEDERAL REPORTING Learned how to prepare the mandatory Equal Employment Opportunity report (biennial) The City of Ames also prepares and uploads the report for Mary Greeley Hospital using their data Affirmative Action DEI Coordinator receives all the AA reporting from City contractors to review. Prepare the data for the annual AA report for the City- voluntary 6 111 STAYING CONNECTED IN THE COMMUNITY Participates in Committee organizing Symposium on Building Inclusive Organizations Participates in the Iowa Equity & Inclusion Officers virtual meetings Research DEI Resources: Articles, websites, took kits, associations, memberships, trainings, etc. Attends Story County Immigrant and Refugee Coalition meetings Attends Story County Homelessness Prevention and Shelter Collaboration meetings Assists with Spanish translation to departments 112 STAFF LIAISON TO AHRC Meet and Greet-community outreach/engagement Gathering feedback from community Coloring Book- free for community Retreat-Strategic Plan Added 2 Commissioners to AHRC Volunteered at the Kate Mitchell Multicultural Night Researching training opportunities for Commissioners Take phone calls regarding discrimination complaints from community 8 113 AHRC CONTINUED Planning 50th Anniversary community event for October T-shirt design, call for artists Annual Report Iowa Civil Rights Commission Annual Events: MLK, AAPI, Juneteenth, National Night Out In process of adding events to participate Calendar of Events/collaboration opportunities Proclamations Email list/website feedback/outreach 9 114 MUNICIPAL EQUALITY INDEX HUMAN RIGHTS CAMPAIGN The MEI examines how inclusive municipal laws, policies, and services are of LGBTQ+ people who live and work there. Cities are rated based on non-discrimination laws, the municipality as an employer, municipal services, law enforcement and leadership on LGBTQ+ equality Coordinate the City’s response which is used to assign us a score August 2023 the City of Ames final MEI score was 96/100 10 115 BUILDING RELATIONSHIPS United Way ISU PD Engagement & Inclusion General Assistance Good Neighbor Ames Chamber School District ISU Multicultural Student Services YSS Primary Healthcare Lutheran Services of Iowa Mainstream Living Ames Jewish Congregation DHHS Refugee Workforce Collegiate Presbyterian Church ARCH Ames Pride Body of Christ Church NAACP 11 116 DEI TRAINING FOR EMPLOYEES Main goal is to develop a DEI curriculum offering for all employees The curriculum is not yet created, there is ongoing research and collaboration with HR to introduce new classes and training opportunities Diversity, Equity, and Inclusion Value: Acknowledge the complex differences of individuals, including all dimensions of identity, visible or invisible. Identify biases and eliminate barriers so everyone can succeed. Intentionally welcome and engage co-workers and the public, creating a safe environment where everyone can bring their authentic selves to make meaningful contributions, feel valued, and be included. 12 117 “BELONGING IN AMES” A social media “show” that highlights key duties of the DEI Coordinator. Each episode focuses on a different area for the community to learn about. Episodes come out twice a month Episode Topics: DEI Coordinator Introduction Internal work Collaborations AHRC ADA Inclusive Crosswalk Smart Business Challenge Team Mental Health Find the episodes here Belonging in Ames 13 118 “UP CLOSE” Currently working on a podcast alongside Communications and Outreach staff to create a show where guests are invited to share their stories Purpose is to highlight the vast diversity that exists in our community Anticipated launch date is this upcoming fall 14 119 ISU AND THE CITY Goal is to connect ISU students, faculty, staff and parents to the City so everyone has a sense of connection and belonging Have met with : ISU PD Mental Health ISCORE Multicultural Student Services Reiman Gardens Sloss Center Counseling Services Extension and Outreach Student Wellness Parks Library COLTIE- College Ties Parent & Family Programs and Off-Campus Student Support 15 120 WHAT’S NEXT? LOOKING AHEAD FY25 Continue building relationships and partnerships in the community Develope a robust training for staff Assist with staff outreach efforts on major projects Continue to serve as a resource for City departments, organizations and community Present on community-wide inclusion plans/models this fall 16 121 QUESTIONS? 17 122 ITEM #:30 DATE:07-09-24 DEPT:ELEC SUBJECT:UPDATES TO CHAPTER 28, ELECTRIC RATE MODIFICATIONS COUNCIL ACTION FORM BACKGROUND: Electric utilities periodically conduct cost-of-service and rate design studies to help make long-term financial plans, promote efficient use of resources, and provide fair and equitable rates for customers. Ames Electric Services previously completed a cost-of-service study in 2012. On June 23, 2023, City Council awarded a contract to Utility Financial Solutions to complete a cost-of- service and rate design study. Utility Financial Solutions worked with staff over the past year to analyze the utility’s costs to serve its customers. At the June 18, 2024 City Council/EUORAB Workshop, Mark Beauchamp from Utility Financial Solutions presented results from the cost-of-service study. The Electric Utility Operations Review and Advisory Board (EUORAB) met on June 20, 2024 to discuss the cost-of-service study and issues raised by the City Council. Based on the results of the study, EUORAB is recommending adjustments to customer rates that will send clearer price signals to customers and provide fair and equitable rates. The proposed adjustments will result in no overall revenue increase. As a result of the proposed rate adjustments, some customers will see higher electric bills, while the changes will result in lower bills for other customers. If approved, staff asks that these changes become effective October 1, 2024. However, staff also requests permission to begin a residential pilot of the Time-of-Use rate, for no greater than 40 customers, as soon as August 1, 2024. PROPOSED CHANGES TO ELECTRIC RATES: 1) Change in Monthly Service Charges and Energy Rates The Customer Service Charge is a fixed monthly amount charged to each customer, regardless of how much energy is used. The Customer Service Charge covers the cost of customer class-specific infrastructure (like a service drop and meter), a portion of the distribution system needed to serve the customer, meter reading, and billing. The cost-of-service study recommends raising the Customer Service Charge for Residential, Small Commercial, Industrial, and Large Customer Time-of-Use customers. With no need to increase total utility revenue, the increase in the customer service charge is partially or wholly offset by a lowering in the proposed energy rates. The changes overall will have a larger impact on customers within a class that has low electric usage. For example, the median residential electric customer uses 600 kWh per month. With the proposed changes the median residential customer will see their average monthly electric bill decrease by $1.15. 123 Customer Class Existing Proposed Customer Service Charge Winter Energy Rate $/kWh Summer Energy Rate $/kWh Customer Service Charge Winter Energy Rate $/kWh Summer Energy Rate $/kWh Residential $ 8.32 $ 0.1005 $ 0.1231 $ 14.25 $ 0.0893 $ 0.1101 Small Commercial $ 15.60 $ 0.0986 $ 0.1194 $ 20.50 $ 0.9673 $ 0.1175 Commercial $ 156.00 $ 0.0644 $ 0.0644 $ 156.00 $ 0.0653 $ 0.0653 Industrial $ 156.00 $ 0.0644 $ 0.0644 $ 1,100.00 $ 0.0642 $ 0.0642 2. New Optional Time-of-Use Rates Time-of-Use rates create energy pricing that more closely reflects the cost of electricity during select periods within a day. The consultant is proposing a three-period rate structure. The three periods are: 1. On-peak pricing from 2pm to 6 pm, Monday through Friday, 2. Off-peak rates from 7am to 2pm and 6pm to 8pm, weekdays, and 3. All other times, including six major holidays are “Super Off-Peak” when demand for energy is especially low and energy prices are at their lowest. Adopting Time-of-Use rates will encourage customers to shift energy usage from the utility's peak period to off-peak and super off-peak periods, which can save money for them and the utility by reducing energy usage during the highest cost periods. Managing the utility's peak demand is important to controlling costs for the utility and its customers. Time-of-Use Rates can be beneficial for all customers who manage their electric usage and can be especially advantageous to those charging an electric vehicle. Electric vehicles are large power users whose charging can easily be shifted to off-peak and super-off-peak periods. Offering a very low energy cost for off-peak charging is a significant way Electric Services hopes to help encourage the adoption of electric vehicles, a key component of the City’s Climate Action Plan. Electrification of homes and businesses is also a Climate Action Plan goal. Time-of-Use rates can encourage growth of electric appliances (including water heating and space heating appliances) and ensures that they are used in a way that benefits the grid instead of overburdening it. Residential Time-of-Use Rates Summer Winter On Peak Energy $ 0.2655 per kWh $ 0.1368 per kWh Off-Peak Energy $ 0.0877 per kWh $ 0.1268 per kWh Super Off-Peak Energy $ 0.0740 per kWh $ 0.0694 per kWh Small Commercial Time-of-Use Rates Summer Winter On Peak Energy $ 0.2712 per kWh $ 0.1425 per kWh Off-Peak Energy $ 0.0934 per kWh $ 0.1325 per kWh Super Off-Peak Energy $ 0.0797 per kWh $ 0.0751 per kWh 124 Commercial Time-of-Use Rates Summer Winter On Peak Energy $ 0.2453 per kWh $ 0.1166 per kWh Off-Peak Energy $ 0.0675 per kWh $ 0.1066 per kWh Super Off-Peak Energy $ 0.0538 per kWh $ 0.0492 per kWh Billing Demand for Time of Use Commercial: $4.86 per kVA At this time, Time-of-Use rates will be optional for customers and may be limited by the number of available specialized meters that can properly bill a time-of-use rate. Electric Services plans to implement advanced metering infrastructure in the next year, which will allow for broad adoption of time-of-use rates. At first, participation will be limited to interested customers on a first-come, first- served basis. 3. Large Customer Interruptible Option Bill Credit The cost-of-service study suggests making small changes to the bill credit large energy customers receive for participating in the utility’s interruptible program, and when they successfully curtail load as requested. Current Credit/Penalty Proposed Credit/Penalty Signup Demand Credit $ (2.60)/kVA $ (3.00)/kVA When Called to Curtail Demand Credit $ (2.60)/kVA $ (2.20)/kVA Total $ (5.20)/kVA $ (5.20)/kVA Failure to Curtail Penalty $ 12.00/kVA $ 12.00/kVA Adjustments Between Customer Classes The cost-of-service study analyzed the actual cost of how each customer class contributed to the overall expenses needed to operate the electric utility. Some customer classes create more costs per kilowatt- hour for the utility compared to other customer classes. The cost-of-service study recommends adjusting total customer class revenue, by no more than plus or minus one percent, to begin to align utility rates closer to the actual cost of service. This is accomplished by adopting the specific changes described above. The table below shows expected revenue under the current and proposed rates. Customer Class Projected Revenues Under Current Rates Projected Revenues Under Proposed Rates Percentage Change Residential $ 22,857,359 $ 22,619,810 -1.0% Small Commercial $ 6,658,711 $ 6,716,808 0.9% Commercial $ 21,243,291 $ 21,428,639 0.9% Industrial $ 7,639,880 $ 7,678,079 0.5% Industrial Time of Use $ 5,623,169 $ 5,566,938 -1.0% It should be emphasized Based on discussions held at the joint Council/EUORAB workshop, staff is delaying action on the Renewable Energy Buyback rate until EUORAB has time to develop its recommendation. 125 ALTERNATIVES: 1. Adopt the attached changes to City Code, Chapter 28, as described above, to: a. Adjust monthly service charges and energy rates to better reflect cost of service, effective October 1, 2024. b. Create optional Time-of-Use Rates for Residential, Small Commercial, and Commercial rate customers, effective October 1, 2024 c. Authorize the implementation of a Time-of-Use pilot study of the residential rates no sooner than August 1, 2024 d. Adjust the interruptible bill credit for Large Customers who choose to participate in the Interruptible Load Program, effective October 1, 2024. 2. Do not adopt changes to City Code, Chapter 28, and refer this item back to EUORAB for additional study. CITY MANAGER'S RECOMMENDED ACTION: Adopting the proposed changes will better align existing rates with the cost-of-service study results and create new time-of-use rates. The proposed rate changes result in no net increase in overall utility revenue. The proposed changes have been developed by the consultant with staff overview and approved by EUORAB for adoption by the City Council. Implementing the proposed rate adjustments will promote efficient use of resources, provide fair and equitable rates for customers, and advance the utility’s goals of reducing peak consumption and encouraging beneficial electrification. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative 1 A-D, as noted above. It should be emphasized Based on discussions held at the joint Council/EUORAB workshop, staff is delaying action on the Renewable Energy Buyback rate until EUORAB has time to develop its recommendation. ATTACHMENT(S): Ordinance Chap 28 Electric Cost-Service Rate.pdf 126 ORDINANCE NO. __________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING CHAPTER 28 SECTIONS 28.101(4), 28.105, 28.106, 28.107, 28.108, 28.109, AND REPEALING SECTIONS 28.103, 28.104 THEREOF, FOR THE PURPOSE OF IMPLEMENTING COST OF SERVICE AND RATE STUDY; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by enacting a new Section as follows: “Sec. 28.101. GENERAL CONDITIONS FOR ELECTRIC RATES. The following general conditions are applicable to the following as indicated in each rate schedule: *** (4) The standard approved type of electric water heater shall have a single 120-volt heating element no larger than 1500 watts or shall have multiple thermostatically controlled noninductive 240-volt heating elements of not more than 5000 watts per element with such multiple elements connected interlocking so that only one element may operate at a time. (4)(5) The utility may assess an excess facilities charge when necessary to meet costs of an unusual installation. *** Sec. 28.103. RESIDENTIAL ELECTRIC RATES. (1) Availability: Electrical energy and service shall be available at the "Residential Rate" for all single-phase domestic uses in separately metered, dwelling units that are intended for occupancy by a single family as defined by the Ames Zoning Ordinance, as distinguished from group domiciles such as rooming houses, fraternity or sorority houses, supervised group homes, and residential care facilities of various kinds. (2) Rate per billing period: For each monthly billing period a rResidential rRate customer: (a) shall be charged a customer service charge of eight dollars and thirty-two cents ($8.32) fourteen dollars and twenty-five cents ($14.25) as a customer service charge, and (b) in addition, shall be charged for energy consumption during the billing period as follows: (i) for bills mailed on or between July 1 and October 31 (summer period): $0.1213 0.1101 per kWh, or (ii) for bills mailed on or between November 1 and June 30 (winter period): $0.1005 0.0893 per kWh (c) All charges above shall also be subject to the current applicable eEnergy c Cost aAdjustment (ECA) per Sec. 28.102. (3) Minimum bill: The minimum charge per billing period shall be eight dollars and thirty-two cents ($8.32) the customer service charge. (4) Conditions: The Residential Rate shall be subject to the general conditions set forth in Section 28.101. (5) Load Management Credit: Any dwelling unit that qualifies under the Residential Rate and is equipped with a properly installed central air conditioner shall may be eligible to participate in the Residential Load Management Program. Customers who agree to allow the utility to install and maintain a Load Management Switch on their central air conditioner will receive the following credits to their electric bills: (a) Five dollar ($5.00) $5 credit for each installed Load Management Switch for bills mailed on or between July 1 and October 31. 127 (b) The total annual credit for each customer shall not exceed twenty dollars ($20.00) $20 for each central air conditioner on which a Load Management Switch is installed. (6) Optional Time of Use Rate: A residential customer may request to have electric service metered and billed on a time-of-use basis. Participation may be limited by availability of advanced metering equipment. Customers who opt into the Time of Use Rate shall not switch rates more than once in a period of 12 months. On-Peak/Off-Peak/Super Off-Peak Definition: On-peak hours shall be from 2 p.m. to 6 p.m., Monday through Friday. Off-peak hours shall be from 7 a.m. to 2 p.m. and 6 p.m. to 8 p.m., Monday through Friday. Super Off-Peak hours are all other times (including the holidays of New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day). Sec. 28.104. SMALL COMMERCIAL RATE. (1) Availability: Electrical energy and service shall be available at the "Small Commercial Rate" to all customers except those that qualify for another rate schedule, for all single-phase or three-phase, single- metered usage, where the metered demand does not exceed 55 kVA. (2) Rate per billing period: For each monthly billing period a Small Commercial Rate customer: (a) shall be charged a customer service charge of fifteen dollars and sixty cents ($15.60) twenty dollars and fifty cents ($20.50) as the customer service charge; and, (b) in addition, shall be charged for energy consumption during the billing period as follows: (i) for bills mailed on or between July 1 and October 31(summer period): $0.11940 0.1175per kWh (ii) for bills mailed on or between November 1 and June 30 (winter period): $0.0986 0.967 per kWh (c) All charges above shall also be subject to the current applicable e Energy cCost Adjustment (ECA) per Sec. 28.102. (3) Minimum bill: The minimum charge per billing period shall be fifteen dollars and sixty cents ($15.60) the customer service charge. (4) Conditions: The Small Commercial Rate shall be subject to: (a) the general conditions of section 28.101; and, (b) the following specific conditions: (i) Unless three-phase service is determined by the Ames Municipal Electric System to be economically available, motors up to and including 5 hp shall be single-phase. Motors above 5 hp shall be three-phase. Three-phase service will normally be 120/208 volt, 4 wire. Where conditions warrant (outside the business district area), 4-wire 120/240 volt or 277/480-volt service may be furnished if mutually agreeable to the Ames Municipal Electric System and the customer. (ii) Fluctuating loads. Loads requiring excess transformer capacity because of large momentary current requirements, or to provide close voltage regulation, shall be subject to an additional charge of $0.327 per rated kVA of capacity above normal capacity requirement for the diversified demand. The kVA subject to an additional charge will be adjusted no more than once a year. No charge shall apply if the customer furnishes the transformers. (iii) Should the electrical energy furnished under this schedule for any reason be metered on the primary side of the service transformers, the energy metered shall be reduced by 1 ½ percent before calculating the energy charge. (5) Load Management Credit: Any facility that qualified and is equipped with a properly installed central air conditioner shall may be eligible to participate in the Load Management Program. 128 Customers who agree to allow the Ames Municipal Electric System to install and maintain a Load Manage- ment Switch on their central air conditioner will receive the following credits to their electric bills: (a) Five dollars ($5.00) credit for each installed Load Management Switch for bills mailed on or between July 1 and October 31. (b) The total annual credit for each customer shall not exceed twenty dollars ($20.00) for each central air conditioner on which a Load Management Switch has been installed. (6) Optional Time of Use Rate: A Small Commercial customer may request to have electric service metered and billed on a time-of-use basis. Participation may be limited by availability of advanced metering equipment. Customers who opt into the Time of Use Rate shall not switch rates more than once in a period of 12 months. On-Peak/Off-Peak/Super Off-Peak Definition: On-peak hours shall be from 2 p.m. to 6 p.m., Monday through Friday. Off-peak hours shall be from 7 a.m. to 2 p.m. and 6 p.m. to 8 p.m., Monday through Friday. Super Off-Peak hours are all other times (including the holidays of New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day). Sec. 28.105. COMMERCIAL RATE. (1) Availability: The “Commercial Rate” shall be optional for any non-residential customer whose consumption in any billing period exceeds 10,000 kWh. The Commercial Rate shall be mandatory for any non-residential customer whose metered demand at any time exceeds 55 kVA. If at any time, a non- residential customer's metered demand exceeds 55 kVA, all consumption for the billing period in which that occurs, and for the next succeeding eleven billing periods, shall be charged at the Commercial Rate. Any customer for whom the Commercial Rate became mandatory, who subsequently has a metered demand of less than 55 kVA for 12 consecutive months, will again become an optional cCommercial r Rate customer with a choice between Small Commercial Rate and the Commercial Rates. Any customer for whom the Commercial Rate is optional shall not switch rates more than once in a period of 12 months. Any customer on the Commercial Rate who has a metered demand of less than 55 kVA, and a consumption of less than 10,000 kWh, for twelve consecutive months, shall be changed to the Small Commercial Rate. (2) Rate per Billing Period: For each monthly billing period, a Commercial Rate customer: (a) shall be charged one hundred fifty-six dollars ($156.00) as a customer service charge, and (b) in addition, shall be charged for demand and energy consumption during the billing period as follows: (i) for bills mailed on or between July 1 and October 31 (summer period) a customer shall be charged a demand of: $10.71 per kVA and an energy charge of: $0.0644 0.0653 per kWh (ii) for bills mailed on or between November 1 and June 30 (winter period) a customer shall be charged a demand charge of: $8.01 per kVA and an energy charge of: $0.0644 0.0653 per kWh (c) All charges above shall also be subject to the current applicable eEnergy cCost aAdjustment (ERC) per Sec. 28.102. *** (10) Load Management Credit: Any facility that qualified and is equipped with a properly installed central air conditioner shall may be eligible to participate in the Load Management Program. 129 Customers who agree to allow the Ames Municipal Electric System to install and maintain a Load Management Switch on their central air conditioner will receive the following credits to their electric bills: (a) Five dollars ($5.00) credit for each installed Load Management Switch for bills mailed on or between July 1 and October 31. (b) The total annual credit for each customer shall not exceed twenty dollars ($20.00) for each central air conditioner on which a Load Management Switch has been installed. (11) Optional Time of Use Rate: A Commercial customer may request to have electric service metered and billed on a time-of-day basis. Participation may be limited by availability of advanced metering equipment. Customers who opt into the Time of Use Rate shall not switch rates more than once in a period of 12 months. On-Peak/Off-Peak/Super Off-Peak Definition: On-peak hours shall be from 2 p.m. to 6 p.m. CST, Monday through Friday. Off-peak hours shall be from 7 a.m. to 2 p.m. and 6 p.m. to 8 p.m. CST, Monday through Friday. Super Off-Peak hours are all other times (including the holidays of New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day). Billing Demand for Time of Use Commercial Customers shall be $4.86 per kVA. Sec. 28.106. COMMERCIAL ELECTRIC VEHICLE CHARGING RATE. (1) Availability: *** (c) all charges above shall also be subject to the applicable Energy Rate Adjustment (ERA) Energy Cost Adjustment (ECA) per Sec. 28.102. Sec. 28.107. INDUSTRIAL RATE. *** (2) Rate Per Billing Period: For each monthly billing period, an Industrial Rate customer (a) shall be charged one hundred fifty-six dollars ($156.00) one thousand one hundred ($1,100.00) as a customer service charge, and (b) in addition, shall be charged for demand and energy consumption during the billing period as follows: (i) for bills mailed on or between July 1 and October 31 (summer period) a customer shall be charged a demand charge of $10.40 per kVA of billing demand, and an energy charge of: $0.0644 0.0642 per kWh (ii) for bills mailed on or between November 1 and June 30 (winter period) a customer shall be charged a demand charge of: $7.80 per kVA of billing demand, and an energy charge of: $0.0644 0.0642 per kWh *** Sec. 28.108. LARGE CUSTOMER TIME-OF-USE USE ELECTRIC RATE AND CHARGES. (1) Availability: The Large Customer Time-of-Use Electric Rate shall be voluntary for any customer whose metered demand at any time exceeds 500 kVA. Service under this rate schedule is billed on a Time-of-Use basis as provided under these rules. The Large Customer Time-of-Use Electric Rate is an alternative to Section 28.105 or Section 28.107 (1) Availability, at the customer’s discretion. Customers opting for inclusion on Large Customer Time-of-Use Electric Rate are required to remain on the rate for a period no less than twelve (12) consecutive calendar months. (2) Intent: Electric Services is a summer peaking electric utility, and as such, the cost to deliver electricity is generally most expensive and detrimental to generation and distribution systems during 130 hours of greatest demand. The utility benefits when large electric users are encouraged to reduce their demand during these times. A Time-of-Use Rate is a pricing strategy whereby Electric Services may vary the price of electricity depending on the time-of-day it is delivered to the customer. Prices encourage the customer to use electricity during times of low demand and discourage use during the peak times of the day. Time-of- Use pricing allows Electric Services to better control costs and mitigate any negative system impacts related to times of peak demand. (3)(2) Definitions: (a) Time-of-Use: A specifically identifiable period of time during a twenty-four-hour day used for establishing a pricing strategy aimed at reducing the overall demand for electricity. (b)(a) Peak: The greatest fifteen (15) minute demand for electricity measured during the current billing period. (c)(b) Billing Demand: Highest metered kilovolt-amp (kVA) electric use, in a billing period measured between the hours of 3pm and 8pm Monday through Friday. (d)(c) Holidays: Federally observed Holidays.New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas Day. (e)(d) On-Peak Energy: Electricity, measured in kilowatt hours, used Monday through Friday between the hours of 8:00 am and 8:00 pm. (f)(e) Off-Peak Base Energy: Electricity, measured in kilowatt hours, used Monday through Friday between the hours of 8:00 pm and 8:00 am, and all-day Saturday, Sunday, and Holidays, up to the established monthly Billing Demand. (g)(f) Off-Peak Time-of-Use Energy: Electricity, measured in kilowatt hours, used Monday through Friday between the hours of 8:00 pm and 8:00 am, and all-day Saturday, Sunday, and Holidays, in excess of the established monthly Billing Demand (h)(g) Summer period: Bills mailed on or between July 1 and October 31. (i)(h) Winter period: Bills mailed on or between November 1 and June 30. (4)(3) Rate Per Billing Period: For each monthly billing period, a customer participating in the Industrial Time-of-Use Electric Rate shall be charged: (a) the Service Charge of two hundred fifty two thousand dollars ($250.00 $2,000.00); (b) the Demand Charge and the Energy Charge for the energy consumption during the billing period as follows: (i) for bills mailed on or between July 1 and October 31 (summer period): 1) the Billing Demand times the billing rate of $10.40 10.61 per kVA, and 2) the On Peak, Energy times the billing rate of $0.0644 0.0628 per kWh, 3) the Off Peak, Base Energy times the billing rate of $0.0644 0.0628 per kWh, 4) the Off Peak, Time-of-Use Energy times the billing rate of $0.0400 per kWh, (ii) for bills mailed on or between November 1 and June 30 (winter period): 1) the Billing Demand times the billing rate of $7.808.01 per kVA, and 2) the On Peak, Energy times the billing rate of $0.0644 0.0628 per kWh, 3) the Off Peak, Base Energy times the billing rate of $0.06440.0628 per kWh, 4) the Off Peak, Time-of-Use Energy times the billing rate of $0.0400 per kWh, (c) the applicable Energy Cost Adjustment (ECA) per Sec. 28.102, and (d) any applicable bill impacts of Section 28.107 (3) Billing Demand, (4) Minimum Bill, (6) Service Facilities, (7) Excess Facilities, (8) Primary Service, and (9) Conditions. (5)(4) Interruptible Option-Availability: Service under this rate shall be available for customers with monthly demands of 2,500 kilovolt-amps (kVA) or greater. Service under this rate schedule is interruptible and customers must agree to interrupt electric service as provided under these interruptible rate rules. *** (j) Any customer on this rate will be given a credit of $2.60 3.00 per elected kVA as a participation incentive on bills mailed out in July, August, September, and October. (k) In addition to the participation credit, a customer will be given a compliance credit of $2.60 2.20 per elected kVA for successfully lowering its demand by at least the amount of the elected interruptible demand. The amount of participation credit applied to the billing demand is based upon the 131 largest interruption response of the billing period. Failure to curtail the full elected amount will result in no compliance credit. *** Sec. 28.109. STREET AND SECURITY LIGHTING RATE & INCIDENTAL UNMETERED ENERGY. (1) Availability: Lighting energy and service shall be available for street and security lighting and other incidental constant-wattage loads where it is not practicable to meter the electrical energy through the customer's normal metering location. (2) Rate per Billing Period: For each monthly billing period the lighting customer: (a) shall be charged for service per lamp: (i) for bills mailed on or after July 1, 2017: *** (b) and all lamps shall be charged any applicable eEnergy cCost aAdjustment (ECA) , per Sec. 28.102, based on the stated average monthly kWh consumption per lamp. *** (4) INCIDENTAL UNMETERED ENERGY FOR CUSTOMER-OWNED LIGHTING, SIGNS AND OTHER CONSTANT-WATTAGE LOADS (a) Where a customer owns lighting, signs, or similar constant-wattage single-phase loads no greater than 2 kVA (2,000 volt-amperes) per point of connection and where it is not practicable to meter the energy through the customer’s normal metering location, service may be provided under a contract for incidental unmetered energy. To qualify, the customer must provide verification that their electric loads have a constant-wattage, or calculable monthly kWh. The basis for monthly kWh to be billed shall be included in the service contract. Calculated monthly energy will be billed at a rate of $0.115 per kilowatt-hour plus the applicable energy cost adjustment. Once placed in service, changes to loads served by an unmetered service may only be made following review and approval by the Electric Services Department with an approved amendment to the service contract. A Standard Unmetered Service includes 150’ of overhead service wire from an existing transformer or service connection point; additional costs above what is included in a Standard Unmetered Service are the customer’s responsibility. Section Two. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , 2024. ______________________________________ _______________________________________ Renee Hall, City Clerk John A. Haila, Mayor 132 ITEM #:31 DEPT:P&H July 9, 2024 Staff Report REQUEST TO INITIATE ZONING TEXT AMENDMENT TO ALLOW SOCIAL SERVICE USES WITHIN O-SFC (SINGLE FAMILY CONSERVATION OVERLAY) ZONING DISTRICT BACKGROUND: City Council received a request from Matt Mitchell, Founder and Board Member of the Ames Romero House (see Attachment A – Letter to City Council). The request is to have the City Council initiate a zoning text amendment to the “O-SFC” (Single Family Conservation Overlay District) to facilitate allowing by Special Use Permit establishment of new Social Service uses that are currently not permitted within the Overlay. This request is principally for the purpose of expanding the Romero House to a second property at 702 Clark Avenue. Ames Romero House has been operating as a non-profit organization at 709 Clark Avenue since September 2020. In 2021 there was correspondence with staff about use of the single-family home at 709 Clark and its limitations of use related to the rental code and household living for a single-family d we l l ing. At that time, the use was not defined as a social service provider based upon staff understanding of the activities and nature of the use for overnight stays. Based upon recent conservations with the Romero House representatives and a review of their onsite activities, the use aligns with the description of a Social Service Provider more than a Household Living use. The operator of the Romero House now describes the operations of their existing site and desired expansion to 702 Clark as follows: The property at 709 Clark Avenue houses five men as the live-in staff for the Ames Romero House. The property at 702 Clark Avenue is proposed as the new location where the hospitality services would be provided and relocated from 709 Clark Avenue. The Romero House offers hospitality services to those who seek assistance in Ames. The services include daytime hospitality through the provision of food, a shower, winter clothes, and laundry facilities between the hours of 1:00 pm and 4:00 pm, Monday through Friday, and from 10:30 am to 4:00 pm on Sundays. They have in the past also had religious services or larger gatherings at 709 Clark, which is not proposed to occur in the future. Upon review of the Romero House’s current activities and their planned use of 702 Clark, staff indicated that their operations were not typical household living use, including the definition of a family for occupancy limits, and that they would be classified as a Social Service, which is not permitted in the O-SFC. Thus, the request by the Romero House for a zoning text amendment. ZONING LIMITATION: Both the current site and proposed site are zoned as “RM” (Residential Medium Density) with two 133 zoning overlays. One overlay zone is the “O-SFC” (Single Family Conservation Overlay Zone), which includes use limitations and design requirements for all structures. The other is the “O-H” (Historic Preservation Overlay Zone), which addresses architectural compatibility but not uses. The limiting factor of use for social services is the O-SFC, which allows only the following types of uses: Dwelling – Single Family; Dwelling – Two Family; Bed & Breakfast Establishment; and, Vacation Lodging. Apartment dwellings are permitted upon a determination by the City Council that certain standards have been satisfied by the proposed apartment dwelling. It is important to note that the O-SFC was established in the 1990s in response to the erosion of the neighborhood to primarily non- one- and two-family homes and to include single family design features with new construction. Existing social service providers in this area, such as YSS, are considered legal nonconforming uses because they were established prior to the current zoning limitations. OPTIONS: As currently written, the Zoning Ordinance does not allow non-residential uses in the “O-SFC” Overlay Zone. The regulations do not accommodate Romero House, or any of the other Social Service Providers as allowed uses. OPTION 1 - SPECIAL USE PERMIT PROCESS After discussion with Romero House representatives and review of the zoning requirements, staff believes there is a single preferred option for amending the Zoning Ordinance to address the request by the Ames Romero House, if City Council wants to consider accommodating their request. Due to the unique nature of social service providers and the mix of residential uses in the area, it would be difficult to craft specific standards to monitor or regulate this type of use. Therefore, consideration of approval of a Special Use Permit (SUP) by the Zoning Board of Adjustment (ZBA) would allow for a case-by-case assessment of a specific site, use, and unique compatibility concerns. OPTION 2 - SITING STANDARDS City Council could consider establishing siting criteria for social service uses in addition to, or in lieu of, the suggested Special Use Permit process. As mentioned above, staff would need to understand priorities for social service uses to craft appropriate standards. This approach removes some subjectivity of the Special Use Permit process and would have some established expectations that are more defined that a Special Use Permit and its criteria. It should be remembered that any type of zoning text amendment would apply to other Social Service Providers that are, or would like to be, located in the “O-SFC,” as well. 134 STAFF COMMENTS: The request is for a unique use to be accommodated in the Old Town area where the O-SFC exists. The use would be allowed in standards RM, RH, or other commercial zones. The Special Use Permit process would allow a case-by-case assessment of site conditions and neighborhood compatibility, including parking, hours of operation, etc., but it does have limitations on clear standards related to concerns of concentration which was one of the historical reasons the O-SFC was created. If concentration issues are not a concern for the use, the Special Use Permit is an appropriate zoning tool for siting of social service uses in residential areas. If Council proceeds with the request (Option 1) and allows the applicant to apply for a text amendment, the change to a Special Use process is straightforward and would not require prioritization in the Planning Department's work plan. Should the Council choose to consider request, staff will reach out to the Old Town Neighborhood Association to alert them of the proposed change so they may provide comments during the review process. ATTACHMENT(S): Attachment A Letter.pdf Attachment B Map of O-SFC.pdf 135 Attachment A – Letter to City Council 136 " " """" " " " " " " """" " """"""""""""" " """""" " """"""""""" " """"""""""" """" "" """"""""""""""""""" """"""""""" " """""""""""""" """"""""""""""" " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " """"""""" " " " " " " " " " " " " " " " """"""""""""" " " " " " " " """""""""" " " " " " " """"""""""""""""""" " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" " " " " " " " " " " " " """"""""""""""""""""""""""""""""""""""""""""""""""" " """"""""""" " """"""""""" " """"" " " """"""""""""" " """ " " " " " " """"""""" " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " """"""""""""""" """""""""""""" " """"""""""" """"""""""" """""""" "" "" "" " """"" " "" " " """ " " " " " " " """"" " " " "" " " " " """" " " " " """" " """"""""""" " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " """""""" " " " O-SFC O-SFC/O-H O-H8TH ST 7TH ST 9TH ST 5TH ST 10TH ST 6TH ST E 9TH ST 12TH ST E 7TH ST E 6TH ST E 5TH ST 11TH ST DUFF AVE MAIN ST CLARK AVE WILSON AVE KELLOGG AVE GRAND AVE E 3RD ST BURNETT AVE DOUGLAS AVE PEARLE AVE E MAIN ST ALLAN DR E 12TH ST E 11TH ST 5TH ST GRAND AVE 12TH ST 6TH ST 9TH ST MAIN ST 5TH ST DUFF AVE KELLOGG AVE BURNETT AVE DOUGLAS AVE 10TH ST CLARK AVE GRAND AVE DUFF AVE 12TH ST 7TH ST WILSON AVE MAIN ST 6TH ST 8TH ST CLARK AVE CLARK AVE 10TH ST 9TH ST DOUGLAS AVE 8TH ST DUFF AVE KELLOGG AVE 9TH ST WILSON AVE CLARK AVE 9TH ST 5TH ST MAIN ST BURNETT AVE WILSON AVE 7TH ST DOUGLAS AVE KELLOGG AVE CLARK AVE 8TH ST 8TH ST8TH ST8TH ST DUFF AVE 12TH ST BURNETT AVE 6TH STBURNETT AVE 12TH ST WILSON AVE 5TH ST KELLOGG AVE DUFF AVE GRAND AVE 9TH ST 5TH ST MAIN ST MAIN ST 10TH ST10TH ST 6TH ST 9TH ST BURNETT AVE RM DSC UCRM UCRM S-HM NC UCRM S-GA S-GAS-GA HOC NC S-GA DSC HOC S-GA S-GA S-GA DGC ± 0 500 1,000Feet Single-FamilyConservation OverlayZoning District (O-SFC)¯ Legend O-SFC ATTACHMENT B 137 ITEM #:32 DEPT:P&R July 9, 2024 Staff Report STEVEN L. SCHAINKER PLAZA ICE SKATING RIBBON STATUS REPORT BACKGROUND: The development of a downtown plaza has been discussed by City Council for many years. More recently, questions have arisen regarding the status of the project since it appears the construction is taking longer than anticipated. The purpose of this report is to identify a significant issue that has influenced the timely completion of the project and will require City Council direction. As a reminder, the companies involved in this project include: DESIGN CONSTRUCTION Confluence, Inc.Project Lead / Landscape Architect Henkel Construction General Contractor B32 Ice System Consultant Everything Ice Ice System Contractor Aquatic Design Water Feature Consultant Jordison Concrete Concrete Subcontractor for Everything Ice Studio Melee Project Architect Rink Systems Dasher Board Subcontractor for Everything Ice Terracon Geotechnical Engineer The project began with the demolition of the existing parking lot and construction of a new parking lot on the north side of 6th Street across from City Hall and west of First Christian Church. Other activities included adding parking spaces along the west side of Clark Ave.; constructing a building to house two restrooms, mechanical equipment, and a skate rental area; installation of utilities; and components of the spray pad. As construction progressed, crews began working on the ice-skating ribbon which included adding subgrade heat below the ice ribbon; pouring a colored concrete border around the ribbon; running piping from the building to the ice ribbon; and installing insulation, rebar, tubing, and wire mesh to be encapsulated in the concrete. The 6,000 square feet of concrete for the ice-skating ribbon was to be poured as one monolithic slab. This was a difficult pour as the contractor needed to ensure the concrete would be placed under, around, and in between all of the rebar, tubing, and wire mesh, and had to be completed as one continuous pour without stopping. Because of the potential difficulty, a pre-pour meeting was held on November 9, 2023, to discuss the specifics and ensure everyone was in agreement with what was to be done. This meeting included representatives from Confluence, B32, Henkel, Everything Ice, Terracon, Jordison Concrete, Manatt’s 138 (concrete supplier), and City of Ames. Topics of discussion included, but was not limited to, the thickness of concrete over tubing, concrete design mix, absolute acceptance parameters for concrete, screeding techniques, concrete finish (medium broom), and curing/protection requirements. The concreted was poured on December 15, 2023. City of Ames representatives inspected the concrete in February and noticed the following deficiencies: Inconsistent finish. Rough finish in areas. Rippled surface with peaks and valleys in some areas. Bird baths. Stone pop outs. Voids on surface. One dasher board anchor at an angle and protruding above the concrete. These concerns were expressed to Henkel Construction, Everything Ice, and Confluence. At subsequent meetings, all three parties agreed with City staff that the s u rfac e was unacceptable and it needed to be corrected. It should be remembered that during the non-winter months, the ice ribbon will be utilized for a variety of individual and group activities. Therefore, the City's concern with the quality of the surface is related to more than aesthetics. Due to the uneven and rough surface, safety issues arise for users of this area. Additionally, holes and voids in the concrete surface create concerns for further surface deterioration caused by the freeze/thaw cycles. In addition, Henkel engaged the services of Terracon to perform non-destructive testing of several locations of the ice-skating ribbon to determine if there are issues with the concrete below the surface as well. The City will not receive a final report until the week of July 8th. OPTIONS: Initial conversations about options to correct the surface resulted in Everything Ice recommending grinding down the concrete surface and then applying an epoxy with sand to fill holes and then a Methyl Methacrylate (MMA) coating system. However, after staff reviewed a local facility that had this coating installed and discovered the significant labor-intensive requirements to maintain the recommended coating, it was determined that this product was not an appropriate solution. Another option under consideration is to remove and replace the existing concrete, tubing, etc. On March 27, 2024, Henkel Construction indicated that it was willing to proceed with a no cost change order to remove and replace the concrete. The City then sent a letter to Henkel on April 3, 2024, along with a no cost change order to sign and return. Henkel has not yet signed the letter, but rather has offered another surface coating option for the City to consider. The two options for City Council to consider are detailed below including pros and cons. OPTION 1 - REMOVE AND REPLACE THE EXISTING ICE RIBBON This would include removing the existing concrete, tubing, rebar, mesh, etc. and replace it with all new materials. 139 Pros The City will receive a homogenous, concrete ice ribbon surface, with no overlay products required, as originally expected The City will receive a surface that is safer, more durable, and aesthetically pleasing than what currently exists The City will receive a surface that is not subject to the same level of ongoing maintenance responsibilities as is required if overlay products are used Cons Delays completing the project for possibly up to twenty-four months, should there be a protracted conflict with Henkel to resolve the issue. Therefore, skating may not occur until November of 2026 or later Repouring the concrete could result once again in an unacceptable surface The is uncertainty that a new ice subcontractor can be identified by Henkel to do this work If a new ice subcontractor is found, they may not agree to use the project equipment and refrigeration system that is currently installed OPTION 2 - GRIND THE EXISTING SURFACE AND INSTALL AN OVERLAY OF CEMENTITOUS MATERIALS Henkel has continued to research multiple products and is now supporting the recommendation of the manufacturer's representative for Euclid Chemical products which includes a series of applications that include five products (Qwikstich, Eucoweld, Euco Re-Cover, Kurex Dr. Vox, and Baracade WB244) with up to two applications of Eucoweld and up to four applications of Euco Re-Cover as the best solution for fixing the surface. Pros Avoids excessive delays to complete the project, skating could occur as early as November 2024 Maintains the surface look of concrete Could mitigate the City's risk to incur future maintenance/replacement costs related to the overlay material system should Henkel agree to provide an upfront monetary contribution to the City to cover these expected costs. (Henkel has offered $50,000 towards this purpose, which the City staff believe is not sufficient.) Work could be done prior to the plaza being opened for public use Cons Provides a surface with numerous layers of varying materials which were not specified by the City Requires on-going maintenance including surface repairs as needed, sealing the surface every three-five years, and potentially redoing the surface layer every 15 years 140 This system of applications as well as the main product, Euco Re-Cover, have never been applied on an outdoor, uncovered, refrigerated ice surface The recommended company to apply the various applications has no prior experience with the main product The manufacturer of the Euclid products will not write a letter to the City stating the recommended combination of applications nor their own product, Euco Re-Cover, are appropriate for use under or over a refrigerated slab It should be noted that a mock-up of just one layer of Euco Re-Cover was installed on a small section of the ice-skating ribbon at the Plaza so staff could observe how it is applied as well as how it looks. Unfortunately, the applicators had great difficulty applying the recommended material and could not create an acceptable finish during this test case. Henkel and the manufacturer's representative were not present during this mock-up and are confused as to what happened since the product did not perform as advertised. Therefore, Henkel is proposing to do another mock-up with the manufacturer's representative present. Henkel still believes this is the best solution to fix the ice-skating ribbon surface. STAFF COMMENTS: As with any project, the City strives for the highest quality results. There is agreement among the City staff, Confluence, and Henkel that the current ice-skating ribbon surface is "unacceptable" and does not meet the quality standards that residents expect from City facilities. The question remains as to what the best course of action is to correct this problem. As is evidenced by the list of pros and cons for each of the two options, this will not be an easy decision. It is imperative to identify a solution that corrects the problems identified with the ice ribbon surface, minimizes ongoing maintenance/replacement costs to the City, and provides a safe environment for our users for many years. Council has two options to consider. Option 1 will provide the City with what it expected to receive in the first place, but could delay the project for as long as two years, and there is no guarantee that Henkel can hire a contractor to complete the ice ribbon work. Option 2 provides a quicker project completion date, but uses a combination of products that has never before been applied on a refrigerated ice slab that would have allowed us to verify its long-term viability for the project. Therefore, both options come with significant risks to the City. Because Confluence and City staff lack the necessary concrete expertise in regards to this unique situation to make a decision regarding how to best correct the deficiencies, it is recommended that the next step is to hire a third-party concrete expert to review the situation and provide a recommendation as to the best option for the project. Staff approached Henkel about its willingness to pay for this additional consultant. Not only is Henkel unwilling to pay for this consultant, it indicated that it "do[es] not believe hiring an additional 3rd party is the best option for moving forward." Therefore, "Henkel does not support and will not pay for it." ATTACHMENT(S): 141 ITEM #:33 DATE:07-09-24 DEPT:P&H SUBJECT:MAJOR SITE DEVELOPMENT PLAN FOR ALTERATION OF EXISTING SITE AND BUILDING AT 209 LINCOLN WAY COUNCIL ACTION FORM BACKGROUND: The property owner and Dunkin’ Donuts franchisee is proposing to partially redevelop 209 Lincoln Way as a drive-through coffee shop (see Attachment A - Location and Zoning Map). The site is the former location of a drive-through Burger King restaurant originally developed in 1976. The majority of the existing building will be reused and include an indoor seating area. The play structure on the south side of the building will be removed and replaced with a new façade and patio. The parking area, including the drive-through, will be reconstructed. The site development plan, elevation drawings, and floor plans are included in Attachments B, C, and D, respectively. The site has frontage on Lincoln Way to the south and Sherman Avenue to the east. It also abuts an alley to the north. The property is zoned Downtown Gateway Commercial (DGC). This zoning district was created in 2018 to implement the Lincoln Way Corridor Plan and facilitate redevelopment of the area north of Lincoln Way between Grand and Duff Avenues, which serves as a gateway to Downtown Ames. Many of the existing site improvements are nonconforming per current zoning standards and require waiver or modification of current requirements. The proposed project includes requests for the following waivers and alternative design features: A 10% reduction in required parking spaces, from 27 to 24, which is permitted in the DGC Zoning District subject to City Council approval. A 20% reduction, from 5 feet to 4 feet, of the setback of the drive-through from the north property line (alley) as an alternative design to allow for reconfiguration of the current drive- through in support of other site enhancements. This reduction is also subject to City Council approval under the recently adopted Ordinance for 20% Alternative Design Adjustments to General and Base Zone Development Standards. A waiver of the sidewalk construction shown on the Site Plan along Sherman Avenue. Council may waive the requirement due to the difficulties of constructing a compliant sidewalk as allowed with the recently adopted Ordinance that amended Missing Infrastructure Requirements. The sidewalk requires an accessible receiving end across the alley on the adjacent property under different ownership to the north. Should construction of the sidewalk on the subject property be feasible in the future, a condition of the waiver is that an easement be provided for the portions of the sidewalk located on private property to avoid power poles. As a redevelopment, the site is required to come into conformance with current zoning standards as practicable. Several parking dimension and building design nonconformities are permitted to remain, as reusing the existing building precludes full conformance. The south frontage will be improved with a 142 new front yard landscaping, a patio, and a new building façade. The north side of the site will be modified along the alley to update the drive-through lane and ordering area. The west side of the site will remain mostly as-is in terms of dimensions and landscaping. The east side of the site is being fully reconstructed and will conform to parking lot and landscaping requirements. The trees along Sherman will be removed and replaced with new landscaping. The site will fully conform with front yard landscaping and the required number of parking lot trees upon completion. All new portions of the façade will meet DGC glazing requirements for percentage of the facade area and use brick as primary building material. The alternative approvals, nonconformities, and the proposal's compliance with architectural and site design standards prescribed by the DGC zoning and other general development standards are more fully discussed in the Addendum. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the Major Site Development Plan at its June 19, 2024, meeting. The Commission asked staff to explain how their recommendation on reducing the drive- through setback by 20% would be affected if Council did not approve the Ordinance allowing the reduction. Council approved the Ordinance on third reading at its June 26, 2024, meeting and it took effect July 1. The Commission voted (6-0) to recommend the City Council approve the Major Site Development Plan for 209 Lincoln Way for redevelopment of the site as Dunkin Donuts subject to the alternative approvals and conditions. ALTERNATIVES: 1. Approve the Major Site Development Plan for 209 Lincoln Way for redevelopment of the site as Dunkin Donuts subject to the following conditions: a. Prior to issuance of a building permit, record an approved Plat of Survey for the current conveyance parcel. b. Prior to occupancy, the applicant shall submit for review and approval by the Planning Division an outdoor lighting plan that conforms to the Zoning Ordinance. c. The requirement for constructing a sidewalk along Sherman Avenue is waived, provided that prior to occupancy, the applicant obtain a sidewalk easement along Sherman Avenue for the future construction of and the public use of a sidewalk that is located on the site. 2. Approve the Major Site Development Plan for 209 Lincoln Way for redevelopment of the site as Dunkin Donuts with modified conditions or alternative approvals. 3. Deny the Major Site Development Plan for the Major Site Development Plan for 209 Lincoln Way for redevelopment of the site as Dunkin Donuts on the basis that the proposed project does not conform to the standards of the DGC zone and Major Site Development Plan criteria. 4. Defer action on this item and request more information from staff. 143 CITY MANAGER'S RECOMMENDED ACTION: The proposal represents the first redevelopment of a property in the DGC Zone. The applicant has made great efforts to substantially conform with landscaping requirements, building design requirements, and included a new sidewalk on the site’s Sherman Avenue frontage. The building’s façade along Lincoln Way will meet glazing requirements and includes architectural details such as a new parapet to create a higher-quality commercial space that better interfaces with adjacent streets. These improvements will enhance the building and site conditions in accordance with goals of the Lincoln Way Corridor Plan. The site is the location of the one allowed drive-through business permitted along the block face of Lincoln Way between Sherman and Kellogg. Approving the redevelopment does not change the allowance of drive-throughs with the Downtown Gateway Commercial area. While some existing nonconformities remain such as parking dimensions, the majority are either brought into compliance with current standards or proposed to remain to accommodate improvements in landscaping and other site enhancements. All of the incremental improvement reflected in the site plan are essential to the goals of DGC and the Lincoln Way Corridor Plan. The development is also consistent with the Major Site Development Plan criteria. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. The City Council should note that approval of the major site plan incorporates the requested waivers and alternative design features listed above. ATTACHMENT(S): ADDENDUM.pdf Attachments_A_-_D.pdf 144 ADDENDUM Building Design The DGC Zoning District includes architectural standards to ensure high-quality commercial developments that integrate with Downtown and enhance the Lincoln Way corridor. These standards include: • Pedestrian entrances that lead directly to an abutting street. • Transparent windows at ground level. Glazing consisting of a minimum of 30% to 50% of the façade area at the ground level along primary street frontages. • Clay brick used as a primary building material for front and side facades . • Wall plane changes and variations in the façade to create visual relief along long facades, e.g., 50 feet of facade length. • Architectural details in building design to create visual interest and design diversity, such as transoms, brick solider course, corbels, cornices, lintels, projecting window bays, inset windows, canopies, and parapet variation. • Minimum ground floor-to-ceiling height of 15 feet. • Commercial floor area requires a minimum depth of 60 feet. To meet these requirements, an on-site sidewalk is proposed to connect the public sidewalk on Lincoln Way to the building’s primary entrance on the Lincoln Way façade. This sidewalk also connects to the bicycle parking area. New architectural details are proposed to be added to the building including a parapet, canopies, and a fascia band. As the building is being reused, only new facades must meet glazing standards and other façade standards. The Lincoln Way façade and a portion of the Sherman façade are being replaced due to removal of the play structure. Glazing requirements will be met for the entire Lincoln Way façade and the new portion of the Sherman façade . Glazing greater than 30% of the façade areas is proposed. The percentage of glazing is at the lower end of the required range when including the area of the proposed parapet, which counts towards the total façade area. Staff notes that if there were a second floor to the structure and no parapet, the percentage of glazing would be closer to 50%. The building is currently brick. The new facades will also be made of brick and be painted to match the existing brick. None of the new façades exceed 50 feet in length to trigger wall plane change requirements. Ground floor ceiling height and commercial floor area depths are not required to be met as the building is being reused. These requirements are further discussed under the Nonconformities section of the Addendum. 145 Site Design Circulation and Parking The site has frontage on Lincoln Way to the south and Sherman Avenue to the east. There are two primary site accesses from Lincoln Way, one to the east and one to the west of the building. These accesses are existing and proposed to remain. The site also has frontage on an alley to the north—two accesses are planned from the alley to facilitate vehicle circulation and ingress and egress from the drive -through. The site currently has no physical barrier between it and the alley. Two parking areas are provided on the east and west sides of the building that connect the site accesses from Lincoln Way and the alley. The east parking area is the primary parking area and includes 14 spaces. This parking area connects to the building entrance via a sidewalk. Although the DGC zone does not permit parking between buildings and the street, the east parking area is situated between the building and the Sherman frontage as a preexisting condition. The allowance for this and other parking nonconformities are discussed under the Nonconformities section of the Addendum. The west parking area includes 10 spaces. A shared parking easement with the property to the west applies to this area. The City is not party to the easement. The west parking area has nonconforming parking stall and access aisle dimensions. A reduction from 27 required parking spaces to 24 spaces is requested and further discussed under the Alternative Approvals section of the Addendum. Reducing the space allows for improved landscaping to the site. Drive-Through The DGC Zone limits drive-throughs to one per block face along Lincoln Way and requires approval of drive-throughs through a Major Site Development Plan. In this case, the proposal is not a net new drive-through facility. It is redevelopment of an existing drive-through and the only drive-through on this block as is allowable by DGC zoning. The drive-through lane begins on the far east side of the site and wraps counterclockwise around the site along the north property line/alley. The menu board is along the north property line, and the pickup windows are on the west side of the building. The DGC zone requires a covered pick-up window and street screen walls to screen the drive-through from adjacent frontages. As the pick-up window is on the west side of the site and does not face a street frontage, this requirement does not apply. The drive-through lane is separate from parking access aisles on the site and varies between 10.5 and 13 feet in width. The drive-through allows for at least 6 cars to queue beyond the menu board location. The Zoning Ordinance requires a determination of adequate stacking. Staff interprets the Ordinance as requiring drive-throughs to have space for at least 5 cars behind the menu board and for the queuing to not impact site 146 circulation. Staff believes the proposed circulation and queuing is the optimal configuration for the reuse of the site and the queuing will not regularly impact site access and circulation. Drive-through lanes are required to be setback at least 5 feet from property lines. A 4 - foot setback is proposed on the north property line and a setback reduction is requested. More information on the request is available under the Alternative Approvals section of the Addendum. Screening Mechanical equipment will be roof-mounted and screened by the proposed parapet. A new brick trash enclosure with a gate is also proposed in the northwest corner of the site. The enclosure will be 6 feet in height, meeting screening requirements, and painted to match the brick on the building. There is an existing transformer in the northwest corner of the site, north of the trash enclosure. It is not required to be screened as it is not visible from Lincoln Way or Sherman Avenue. Landscaping The proposed plan significantly upgrades the appearance of the site with new landscaping. Front yard landscaping requirements for buffer yard size, number of shrubs and grasses, and the number of trees are met by the proposed plan. One front yard overstory tree is proposed to be substituted with two ornamental trees along the Lincoln Way frontage. Overstory trees are permitted to be substituted with ornamental trees along the Sherman frontage due to overhead electric lines. Parking lot landscaping requirements for the number of trees per square footage of parking area and coverage requirements are also met. In total, an equivalent of 11 trees are provided. Of the 11, 4 new trees are proposed. Two of these trees are provided in excess of the minimum requirement of 9 trees to provide adequate parking area coverage and shading. These are located in planters to the north and south of the easternmost row of parking. Three existing trees in the vicinity of the drive -through on the west side of the building also count towards requirements at a ratio of 2:1 for trees above an 8-inch caliper and 3:1 for trees above a 12-inch caliper, for a total of 7 trees. The nonconforming status of the total area of parking lot landscaping provided is discussed under the Nonconformities section of the Addendum. Signs and Lighting A lighting plan and sign permits will be submitted after approval of the Major Site Development Plan. The lighting is required to be compliant with City standards prior to occupancy, per a recommended condition. All outdoor lighting must meet zoning standards based upon downlighting to address “Dark Sky” requirements. 147 Waivers and Alternative Approvals Parking Spaces A reduction in the required number of parking spaces is necessary to provide additional front yard and parking area landscaping towards current requirements and to facilitate the installation of a sidewalk along the Sherman Avenue frontage if required with the current improvements or waived and feasible to install in the future. The site plan proposes 24 parking spaces. Per DGC standards, 27 stalls are required (9/1,000 sq. ft. gross floor area). The DGC District allows parking reductions up to 20%, subject to City Council approval with a Major Site Development Plan. The requested reduction of 3 spaces is equivalent to 10%. The reduction is permitted as DGC applies to the area adjacent to downtown with greater pedestrian access than other areas of the city. Bicycle parking is also required —four spaces are proposed. A public parking lot exists one block north of the site along Sherman as well. Drive-Through Setback A reduction in the drive-through setback is also required. Drive-throughs require a 5-foot setback from all property lines. A 4-foot setback is proposed on the subject property for the portion of the drive-through that runs along the alley on the north property line. The setback of the drive-through currently ranges from 2 to 5 feet due to a previously granted variance. Due to the location of the building and the width desired for the drive - through, meeting the required 5-foot setback presents difficulties. A new landscape planter is planned on either side of the drive-through area, further constraining space, but improving the overall character of the site. The City Council recently passed an ordinance that allows a reduction of numeric requirements in select Articles of the Zoning Ordinance, including the required drive- through setback, by up to 20%. The Ordinance took effect on July 1. The 1-foot reduction from a 5-foot to 4-foot setback is equivalent to 20%. The ordinance requires City Council approval of requests made with a Major Site Development Plan. Standards for granting the reduction include that the request maintains the intent of the ordinance, is based on an operational need, provides something of equal or better consistency with the Ordinance’s intent, and does not create adverse impacts. Staff finds these criteria are met as the reduced setback allows a larger landscaped area and adequate drive-through width. The proposal also includes a curb along the outside of the drive-through to provide physical separation from the alley—this is not otherwise required. 148 Sidewalk on Sherman The City requires all new construction and substantial improvements of existing buildings, to construct sidewalks when there are gaps. While the sidewalk is shown on the site development plan to the goal of the applicant, it may not be feasible to install, nor may it be required depending on the substantial improvement threshold of a $200,000 building permit valuation standard. There are no sidewalks along Sherman Avenue. An accessible receiving end is required on the property to the north across the alley in order for the sidewalk to be installed as proposed. The owner of the subject property is currently engaging with the property owner to the north to determine feasibility. If they are not amenable to the connection, the sidewalk could end prematurely on the subject property with no connection to adjoining properties. This may not be preferable. Due to the location of power poles, no other sidewalk connection other than to the north is possible. As a result of these factors, the applicant has submitted a waiver request for Council’s consideration. If no sidewalk is installed, an easement would reserve the area until installation is feasible. Nonconformities In general, where there are existing nonconformities, the development is required to conform with current standards as practicable without causing new deficiencies and in proportion to the proposed improvements. Landscaping One of the new parking lot trees is located in a new planter south of the easternmost parking stalls where traffic entering the site from Lincoln Way will diverge to either the parking area or the drive-through. The planter meets length and width requirements (7 feet) but not overall area requirements (150 feet). The planter is proposed to be approximately 110 square feet. This is permitted as the planter is being added to conform to current standards to the extent practicable, and any larger area would infringe on vehicle maneuvering areas and access aisles. Parking lots are also required to have landscaped areas equivalent to 10% of the parking lot area. Currently, the equivalent of approximately 2% of the parking area is landscaped. The proposed site development plan proposes the equivalent of approximately 6%. Staff finds that this is the greatest level of compliance that can be practicably achieved. The applicant is already asking for a reduction in parking spaces. There are no other feasible locations for landscaping in the parking area without further reducti ons to the number of spaces. An additional landscaped buffer on the west side of the site is not possible due to already constrained parking space and access aisle dimensions on this side of the site. The landscaped area along the drive -through that is 4 feet in width with the drive-through setback reduction cannot be counted towards the parking lot 149 landscaping requirement as it is less than 5 feet in width. If this area were counted, 8.5% of the parking area would be offset with landscaping. Site and Building Design Staff has found that several nonconformities are permitted to remain as the reuse of the existing building precludes improvements towards conformance. Specifically, the parking dimensions on the west side of the building are permitted to remain as approved with the 2001 site plan (17.5 feet in depth with a 21.9-foot access aisle versus the current required 19-foot depth with a 24-foot aisle). It is not possible to meet these requirements without moving or reconstructing the west side of the building or removing existing landscape planters and parking lot trees between the parking spaces and the drive-through. This is also the case for several requirements of the DGC zone including allowing parking between the building and the street along the Sherman frontage, the required ground floor ceiling height (15 feet required, existing building has 11 -foot height), commercial space depth (60 feet required, the existing building is 60 feet in depth total), and glazing and wall plane change standards as they apply to existing façades . The nonconformities reflect the current site condition. As the building is not proposed to move or be reconstructed, they are permitted to remain. APPLICABLE REGULATIONS Major Site Development Plan Criteria: When acting upon an application for a Major Site Development Plan approval, the Planning and Zoning Commission and the City Council shall rely upon generally accepted site planning criteria and design standards. These criteria and standards are necessary to fulfill the intent of the Zoning Ordinance, the Land Use Policy Plan (Ames Plan 2040), and are the minimum necessary to safeguard the public health, safety, aesthetics, and general welfare. 1. The design of the proposed development shall make adequate provisions for surface and subsurface drainage to limit the rate of increased runoff of surface water to adjacent and downstream property. The redevelopment does not meet the threshold for requiring on-site stormwater management (one acre of impervious cover created for redevelopment sites). With the additional landscaping provided, the redevelopment reduces the site’s impervious area by 406 square feet. As the parking lot is being reconstructed, the site will be regraded. The storm sewer trench drains on the site at the Lincoln Way access points will be cleaned out and reset. 150 2. The design of the proposed development shall make adequate provision for connection to water, sanitary sewer, electrical, and other utility lines within the capacity limits of those utility lines. The development is served by existing water, sanitary sewer, and electric lines. These services are adequate to serve the site. It is recommended that the applicant scope the sewer line to verify its condition prior to completion of site improvements due to its age. 3. The design of the proposed development shall make adequate provision for fire protection through building placement, acceptable location of flammable materials, and other measures to ensure fire safety. Fire trucks are able to access the site. If cooking appliances generate a certain quantity of grease, a Type 1 hood is required. No frying will occur on site. 4. The design of the proposed development shall not increase the danger of erosion, flooding, landslide, or other endangerment to adjoining and surrounding property. The proposed Major Site Plan does not present a risk of additional erosion, flooding, landslide, or endanger surrounding property. No major changes in grading or impervious coverage from existing conditions are planned. 5. Natural topographic and landscape features of the site shall be incorporated into the development design. As the site has already been developed, there are no natural features. The proposed site plan does incorporate three existing trees. 6. The design of the interior vehicle and pedestrian circulation shall provide for convenient flow of vehicles and movement of pedestrians and shall prevent hazards to adjacent streets or property. The two parking areas on the east and west sides of the building connect the site access from Lincoln Way and the alley, allowing for two-way traffic and site circulation. Alley accesses provide egress from the drive -through. The drive-through has adequate queuing distance to prevent traffic from backing up onto Lincoln Way and separation from the parking access aisles to prevent queued cars from blocking parked cars on the site. A sidewalk connects the main entrance to the sidewalk on Lincoln Way. The driveway connections with reduced slopes to Lincoln Way will be improved with the parking lot reconstruction, making site access easier and smoother for vehicles. 151 7. The design of outdoor parking areas, storage yards, trash and dumpster areas, and other exterior features shall be adequately landscaped or screened to minimize potential nuisance and impairment to the use of adjoining property. All front yard landscaping and parking lot tree coverage requirements are met. The dumpster will have an enclosure that meets screening requirements and matches the building’s exterior. The enclosure includes a gate. 8. The proposed development shall limit entrances and exits upon adjacent streets in order to prevent congestion on adjacent and surrounding streets and in order to provide for safe and orderly vehicle movement. The two points of access on Lincoln Way are proposed to remain in their current locations. Their slopes will be improved to meet SUDAS standards. The access are under the jurisdiction of the Iowa DOT. The applicant has reached out to the DOT to ensure the site improvements do not trigger changes in the accesses. 9. Exterior lighting shall relate to the scale and location of the development in order to maintain adequate security, while preventing a nuisance or hardship to adjacent property or streets. Lighting plans will be reviewed by staff for output and ground impact in compliance with City standards prior to occupancy, per a recommended condition. 10. The proposed development shall ensure that dust and other forms of air pollution, noise disturbances, odor, glare, and other nuisances will be limited to acceptable levels as prescribed in other applicable State and City regulations. The proposed development will not create any air pollution, nuisances, dust, odor, glare, or noise disturbances beyond what would otherwise be expected of this type of commercial fast-food use. 11. Site coverage, building scale, setbacks, and open spaces shall be in proportion with the development property and with existing and planned development and structures, in adjacent and surrounding property. The proposed development maintains the existing building at its current setback and height. There are no minimum open space requirements or minimum height requirements in the DGC zone. A maximum height of 10 stories will apply to other properties in the zone when they are developed. 152 Attachment A- Location Map 153 Attachment B – Site Plan 154 155 Attachment C – Elevations 156 Attachment D – Floor Plan 157 ITEM #:34 DATE:07-09-24 DEPT:W&PC SUBJECT:NUTRIENT REDUCTION MODIFICATIONS PHASE 1 - REPORT OF BIDS COUNCIL ACTION FORM BACKGROUND: On May 14, 2024, Council issued a Notice to Bidders for the Water Pollution Control Facility Nutrient Reduction Modifications Phase 1 Project. A total of four addenda were issued to the plans and specifications. Bids were opened on June 26. A total of two bids were received. The bid tabulation is shown below. Bidder Lump Sum Base Bid Woodruff Construction Ames, IA $53,370,000 Williams Brothers Construction Peoria, IL $60,780,000 Engineer's Opinion of Probable Construction Costs $44,770,000 ALTERNATIVES: 1. Accept the report of bids and delay action on award until the July 23 City Council meeting. 2. Award a contract to Woodruff Construction of Ames, IA for the Water Pollution Control Facility Nutrient Reduction Modifications Phase 1 Project in the lump sum amount of $53,370,000. 3. Determine that the other bid is in the best interests of the City and award a contract to that bidder. 4. Reject all bids and provide direction to staff on the future of the project. CITY MANAGER'S RECOMMENDED ACTION: The design of the project was completed in accordance with the City Council-approved Facility Plan. Following the City Council's Notice to Bidders on May 14, 2024, the work was competitively bid in accordance with the City's Purchasing Policies and Procedures. Four addenda to the plans and specifications were issued during the bidding window. The lowest bid, at $53,370,000, substantially exceeded the engineer's Opinion of Probable Construction Costs of $44,770,000. Because of this significantly higher cost, Staff and the City's consultant are recommending that the City Council accept the report of bids and delay a decision regarding the awarding of a contract until the July 23 City Council meeting. That additional time will be used to discuss the pricing in detail with the low bidder, to explore possible changes to the specifications that could reduce costs, to identify other CIP projects in the Sewer Fund that could be delayed to offset the higher than expected bids, and to evaluate the potential impact on sewer rates if the contract were to be awarded to the low bidder. Therefore, it is the recommendation of 158 the City Manager that the City Council adopt Alternative No. 1 as described above. ATTACHMENT(S): Ames.2024-089.BidTab.pdf 159 160 161 16 2 16 3 16 4 16 5 16 6 16 7 To:Mayor & City Council From:Mark O. Lambert, City Attorney Date:July 5, 2024 Subject:Motion to hold Closed Session as provided by Section 21.5(1)(c), Code of Iowa, to discuss matters presently in or threatened to be in litigation Item No. 36 MEMO Motion to hold Closed Session as provided by Section 21.5(1)c, Code of Iowa, to discuss matters presently in or threatened to be in litigation. City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 168