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~Master - May 28, 2024, Regular Meeting of the Ames City Council
1.Motion approving payment of claims 2.Motion approving Summary of Minutes of Regular City Council Meeting on May 14, 2024, and Special Meeting on May 23, 2024 3.Motion approving Civil Service Candidates 4.Motion approving Report of Change Orders for period May 1-15, 2024 5.Motion approving 5 - Day License (June 9 - June 13, 2024) Class C Retail Alcohol License - Your Private Bartender, 2609 University Boulevard 6.Motion approving new Class E Retail Alcohol License - BP, 2720 East 13th Street, Pending Favorable Inspection 7.Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Della Viti, (323 Main Street #102), Class C Retail Alcohol License with Catering Privilege and Outdoor Service, Pending Dramshop Review b. Old Chicago Pizza and Taproom, (1610 S. Kellogg Ave), Class C Retail Alcohol License with Outdoor Service c. Casey's General Store #2560, (3020 S Duff Ave), Class E Retail Alcohol License d. Green Hills Residents' Association, (2200 Hamilton Drive, Suite 100), Class F Retail Alcohol License with Outdoor Service e. MMDG Spirits, (126A Welch Avenue), Class E Retail Alcohol License f. Kum & Go #200, (4510 Mortensen Road), Class E Retail Alcohol License g. Kum & Go #216, (203 Welch Ave), Class E Retail Alcohol License h. Wheatsfield Cooperative, (413 Northwestern Avenue), Special Class C Retail Alcohol with Outdoor Service i. Hilton Garden Inn Ames, (1325 Dickinson Avenue), Class C Retail Alcohol License with Outdoor Service, Pending Dramshop Review 8.Motion to approve the Police Department's application to and participation in the 2024 Department 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 MAY 28, 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 ORDE R: 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. 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 of Justice Office of Justice Programs Bulletproof Vest Partnership Program. 9.Motion authorizing the Mayor to send letter to Iowa Economic Development Authority (IEDA) acknowledging and approving the relocation of Sabanto Inc. from Iowa State University Research Park in the City of Ames to the Nevada, Iowa 10.Requests for Midnight Madness on July 13, 2024: a. Resolution approving partial street closures of Collaboration Place to S. Riverside Drive (north side lane), S. Riverside Drive north to Airport Road (west side lane), Airport Road between S. Riverside Drive and South Loop Drive (south side of eastbound traffic), South Loop Drive (east side of road), and University Boulevard from Cottonwood Road to Collaboration Place (east side of road) 11.Resolution approving appointments to Historic Preservation Commission and Parks and Recreation Commission 12.Resolution approving request to modify the City's FY 2023/24 ASSET contract with YSS 13.Resolution approving request from Ames NAACP for $1,000 financial commitment to the 2024 Ames Juneteenth Event to be held on Saturday, June 15, 2024, at Bandshell Park 14.Resolution approving Professional Services Agreement for 2023/24 Airport Improvement Program (Wildlife Fence Project) 15.Resolution approving Professional Services Agreement with HDR Engineering, Inc. of Omaha, Nebraska for the 2050 Metropolitan Transportation Plan update in an amount not to exceed $499,851 16.Resolution awarding contract to Energy Solutions, Inc., of Elkhorn, NE for transformer oil reconditioning and repair for the Electric Department's Technical Services Division in the amount of $89,328.95. 17.Resolution approving contract renewal with Wellmark for administrative services, specific to aggregate excess insurance, and access fees for benefits from July 1, 2024 to June 30, 2025 18.Resolution approving contract renewal with Delta Dental of Iowa for administrative services for dental benefits effective July 1, 2024 19.Resolution approving contract renewal with Wellmark Blue Cross Blue Shield for FY 2024/25 Wellness Program Services beginning July 1, 2024 20.Resolution approving contract renewal with Wulfekuhle Injection & Pumping, Peosta, IA, for Cell Maintenance Services for Electric Services (RDF ash), for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $200,000 21.Resolution approving contract renewal with MPW Industrial Water Services Inc., of Hebron, OH, for the Bottle Exchange Program and Related Services for Power Plant for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $55,000 22.Resolution approving contract and bond for the 2023/24 Shared Use Path Expansion with Con- Struct, Inc., of Ames, Iowa 23.Resolution approving Change Order No. 1 with Waldinger Corporation for Power Plant Maintenance Services Contract in the amount of $140,000 24.Resolution approving Amendment No. 2 to Professional Services Agreement with WHKS & Co. f or 2019/20 Storm Water Erosion Control Program (Ioway Creek - 6th to 13th St) in the amount of $20,600 25.Resolution Approving Change Order No. 6 to 2023 CyRide Shop Rehabilitation Project 26.Resolution accepting final completion of Old Water Plant Demolition Project with LinnCO, Inc., of Sartell, Minnesota in the final amount of $2,599,638.10 27.Resolution accepting completion of the Furman Aquatic Center Pool Basin Repainting Project to Amusement Restoration Companies, L.L.C, Burnet, Texas, in the amount of $133,405.75 28.Resolution accepting completion of Stormwater Management (Chapter 5B) at Barilla, 3311 E Lincoln Way, and releasing financial security in full 29.Resolution accepting completion of Stormwater Management (Chapter 5B) at Courtyard (G&G 2 Hospitality), 311 S 17th Street, and releasing bond in full 30.Resolution accepting completion of Stormwater Management (Chapter 5B) at Menards, 700 SE 16th Street, and releasing financial security in full 31.Resolution accepting completion of landscaping requirements at Staybridge Hotel, 2111 Isaac Newton Drive and releasing financial security in full 32.Requests from Ames Pride for Pridefest on September 14, 2024: a. Motion approving blanket Temporary Obstruction Permit and blanket Vending License b. Resolution approving closure of Douglas Avenue from Main Street to 6th Street and 5th Street between Kellogg Avenue and the alley east of Adams Family Funeral Home from 5:00 a.m. to 10:00 p.m. c. Resolution approving waiver of parking meter fees and enforcement d. Resolution approving waiver of fee for blanket Vending License 33.Resolution authorizing staff to enter into Natural Gas Supply contract for calendar year 2025 34.Memo on Geothermal Installation Costs within the Baker Subdivision 35.Request to amend the TIF Development Agreement for North Dayton Industrial Subdivision a. Motion directing staff to amend the Development Agreement b. Motion to defer penalty for the first speculative building 36.Staff Report on Redirection Area Priorities a. Motion directing staff to include a Redirection Area in the Work Plan 37.Joint Use Parking Plan for 214 S. Sherman Avenue a. Resolution approving Parking Plan for 214 S. Sherman Avenue 38.Resolution approving Amendment No. 2 to the agreement with Strand Associates for the Water Pollution Control Facility Nutrient Reduction Modifications Phase 1 Project 39.Hyland Avenue Pavement Improvements a. Motion directing staff to amend the design scope of Hyland Avenue project to include shared use path on the West side of Hyland Avenue in accordance with Alternative 1 40.Solid Waste Collection and Disposal Follow-Up Staff Report 41.Hearing on final amendment to Fiscal Year 2023/24 Budget a. Resolution approving amendment to current budget for Fiscal Year ending June 30, 2024 42.Hearing on 2023/24 Water System Improvements Program (Kellogg Avenue - 7th Street to 13th Street) and (11th Street - Burnett Avenue to Kellogg Avenue): a. Motion accepting report of bids b. Resolution approving final plans and specifications and awarding a contract to Jet Drain PUBLIC FORUM : This is a time set aside for comments from the public on topics of City business 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: WATER AND POLLUTION CONTROL: PUBLIC WORKS : HEARINGS: 3 Services, LLC of Ames, Iowa, in the amount of $808,389.46. 43.Hearing on Easements for 302 Sondrol Avenue: a. Resolution approving the Storm Sewer Easement executed with 302 Sondrol, LLC (d.b.a. Mechanical Comfort, Inc.) b. Resolution approving the vacation of the existing Electric Utility Easement along the lot line of 302 and 212 Sondrol Avenue 44.Hearing on sale of land locally known as 412 S Wilmoth, Lot 1, Baker Subdivision to Habitat for Humanity of Central Iowa a. Resolution approving the sale of Lot 1 within the Baker Subdivision to Habitat for Humanity of Central Iowa 45.Zoning Text Amendment to Allow Mixed-Use Residential Development within the Hub Activity Area of the Research Park Innovation District Zoning District (Iowa State Research Park) a. Approve on First Reading 46.Second reading of Ordinance on Zoning Text Amendment for purpose of including Rock Climbing Facilities as a Miscellaneous Use within the General Industrial (GI) Zoning District by Special Use Permit 47.Second reading of Amendment to Chapter 18.7A of the Municipal Code, Special Penalty for Game Day Parking, to add Event Parking 48.Third reading and adoption of ORDINANCE NO. 4528 amending Chapter 28 of the Municipal Code establishing Geothermal Services and rules and charges therefore 49.Third reading and adoption of ORDINANCE NO. 4529 amending Chapter 5 and Chapter 22 of Ames Municipal Code regarding Missing Infrastructure Requirements 50.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 51.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 ORDINANCES: 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. 4 To:Mayor and City Council From:City Clerk's Office Date:May 17, 2024 Subject:Approval of Mintues Item No. 2 MEMO Attached are the minutes for the Regular City Council Meeting held on May 14, 2024, and Special City Council Meeting on May 23, 2024. /cmw ATTACHMENT(S): C24-0514 Summary.pdf C24-0523 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 5 1 SUMMARY MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA MAY 14, 2024 The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:00 p.m. on the 24th day of May 2024, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Tim Gartin, Rachel Junck, and Anita Rollins. Ex officio Emily Boland was also present. Council Member Amber Corrieri was absent. PROCLAMATION FOR "PEACE OFFICERS' MEMORIAL DAY," MAY 15, 2024: Chief of Police Geoff Huff and Commander Jason Tuttle accepted the proclamation and thanked Mayor Haila, City Council, and the community for supporting the Ames Police Department. PROCLAMATION FOR "NATIONAL PUBLIC WORKS WEEK," MAY 19-25, 2024: Director of Public Works John Joiner accepted the proclamation and highlighted the contributions of the Public Works Department to the community. PROCLAMATION FOR "POPPY DAYS," MAY 24-25, 2024: Mayor Haila presented the proclamation to Jamie Barker, of the American Legion Auxillary, who highlighted some of the programs the American Legion Auxiliary supports. Mayor Haila noted that staff had requested to pull Item No. 55 which would return to the City Council at a later date. CONSENT AGENDA: Council Member Gartin requested to pull Item No. 15, Item No. 17, Item No. 46, and Item No. 47 from the agenda. Moved by Beatty-Hansen, seconded by Betcher, to approve the consent agenda less Item No. 15, Item No. 17, Item No. 46, and Item No. 47. 4. Motion approving payment of claims 5. Motion approving Summary of Minutes of Regular City Council Meeting on April 23, 2024, and Special Meeting on April 16, 2023 6. Motion approving Civil Service Candidates 7. Motion approving Report of Change Orders for period April 16-30, 2024 8. Motion approving new 14-Day (May 12, 2024 - May 25, 2024) Class C Retail Alcohol License with Outdoor Service - Jack Trice Stadium, 1732 Jack Trice Way 9. Motion approving new 5 - Day (June 10 - June 14, 2024) Special Class C Retail Alcohol License - Cloud Wine, LLC, 2801 Grand Avenue 10. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. North Grand Cinema, (2801 Grand Avenue), Special Class C Retail Alcohol License, Pending Dramshop Review b. Octagon Center for the Arts, (427 Douglas Avenue), Special Class C Retail Alcohol 6 2 License with Outdoor Service c. Casey's General Store #2298, (428 Lincoln Way), Class E Retail Alcohol License d. Gateway Hotel and Conference Center, LLC, (2100 Green Hills Drive), Special Class C Retail Alcohol License e. Hy-Vee Fast and Fresh #2, (4018 Lincoln Way), Class E Retail Alcohol License f. Ichiban, (117 Welch Avenue), Class C Liquor License, Pending Dramshop Review 11. RESOLUTION NO. 24-225 approving appointment to Historic Preservation Commission 12. RESOLUTION NO. 24-226 approving appointment of ex officio ISU Student Liaison to City Council 13. RESOLUTION NO. 24-227 approving appointments of Iowa State University Student Government representatives to the Ames Transit Agency Board of Trustees 14. RESOLUTION NO. 24-228 approving request from Story County Auditor for parking waiver(s) for election day parking on June 4, 2024 15. Requests from Ames Patriotic Council for Memorial Day Parade on Monday, May 27, 2024: a. Motion approving blanket Temporary Obstruction Permit for closed area b. RESOLUTION NO. 24-229 approving closure of Pearle Avenue and 5th Street from east of Pearle Avenue through Clark Avenue intersection from 9:00 a.m. to 11:00 a.m. for parade line-up c. RESOLUTION NO. 24-230 approving temporary closure of Clark Avenue from 5th to 9th Street between 10:30 a.m. and 11:00 a.m. for movement of the parade d. RESOLUTION NO. 24-231 approving temporary closure of 9th Street between Clark Avenue and Maxwell Avenue from 10:45 a.m. to 11:00 a.m. for movement of the parade e. RESOLUTION NO. 24-232 approving temporary closure of 6th Street at Clark Avenue and Duff Avenue at 9th Street, as parade moves through those intersections 16. RESOLUTION NO. 24-233 approving Plat of Survey (Boundary Line Adjustment) for 25016 Sand Hill Trail & Parcel to the South 17. RESOLUTION NO. 24-234 approving amendment to FY 2023/24 ASSET Contract with The Salvation Army to add $40,000 for temporary emergency shelter services 18. RESOLUTION NO. 24-235 approving request to modify the City's FY 2023/24 ASSET contract with Heartland of Story County 19. Ames International Partner Cities Association: a. RESOLUTION NO. 24-236 amending FY 2023/24 contract for services b. RESOLUTION NO. 24-237 authorizing payment of $476 for services delivered under FY 2022/23 contract for services 20. RESOLUTION NO. 24-238 approving Professional Services Agreement with HR Green, Inc. of Johnston, Iowa for the Intelligent Transportation Systems Program (Phase 4) in an amount not to exceed $241,150 21. RESOLUTION NO. 24-239 approving Iowa DOT Iowa Clean Air Attainment Program agreement for $1,521,280 for the Intelligent Transportation Systems Program (Phase 4) 22. RESOLUTION NO. 24-240 approving the purchase of NoTraffic Video/Radar Detection Systems from General Traffic Controls of Spencer, Iowa, in an amount not to exceed $103,412 as a single source provider 23. RESOLUTION NO. 24-241 approving the plans and specifications for the 2024/25 Right- of-Way Restoration Program, setting June 5, 2025, as the bid due date and June 11, 2025, as the date of Public Hearing 7 3 24. RESOLUTION NO. 24-242 approving the plans and specifications for the 2024/25 Clear Water Diversion Program, setting June 5, 2025, as the bid due date and June 11, 2025, as the date of Public Hearing 25. RESOLUTION NO. 24-243 approving contract renewal with TEI Construction Services Inc., Duncan, SC, for Boiler Maintenance Services Contract for Power Plant for the one- year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $360,000 26. RESOLUTION NO. 24-244 approving contract renewal with Integrated Global Services, Inc., Richmond, VA, for the Boiler Tube Spray Coating and Related Services and Supplies Contract for Power Plant for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $535,000 27. RESOLUTION NO. 24-245 approving contract renewal with Pioneer Industrial Corp, Kansas City, MO for the Valve Maintenance and Related Services and Supplies Contract for Power Plant for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $60,000 28. RESOLUTION NO. 24-246 approving contract with Earth Services & Abatement for Asbestos Remediation and Related Services and Supply Contract at the Power Plant for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $150,000 29. RESOLUTION NO. 24-247 awarding contract to Sunoco, LLC for the FY 2024/25 Electrical Services Fuel Supply contract in an amount not-to-exceed $300,000 30. RESOLUTION NO. 24-248 awarding contract to Remote Solutions, LLC, of Tucson, AZ to provide and install a remote racking system for the Electric Department's Technical Services Division - Substations in the amount of $101,552.41 31. RESOLUTION NO. 24-249 awarding a contract to Hawkins, Inc. for the purchase of liquid sodium hypochlorite in FY 2024/25 for the Water Plant and Power Plant 32. RESOLUTION NO. 24-250 awarding a contract to Mississippi Lime Company of St Louis, MO for pebble lime for the Water Plant in the amount of $257.81/ton 33. RESOLUTION NO. 24-251 awarding year three of the five year well rehabilitation contract to Northway Well and Pump Company of Waukee, IA in the amount of $154,208 34. RESOLUTION NO. 24-252 approving contract renewal for the purchase of oils, lubricants, and fluid analysis for Fleet Services and Ames Transit Agency (CyRide) to Diamond Oil Company of Des Moines, IA, for the one-year period from July 1, 2024 through June 30, 2025, in an amount not-to-exceed $74,700 35. RESOLUTION NO. 24-253 awarding the contract for concrete and asphalt crushing to Reilly Construction Co. in an amount not-to-exceed $60,000 36. RESOLUTION NO. 24-254 awarding contract to Stiver's Ford, of Waukee, IA for three Ford Police Interceptors in the amount of $132,582 37. RESOLUTION NO. 24-255 awarding the contract for the purchase of rock salt for the Snow and Ice Control Program to Independent Salt Co. of Kanapolis, KS in the amount of $208,725 38. RESOLUTION NO. 24-256 awarding contract for FY 2024/25 to Waste Management of Ames, IA, for Hauling Services to the Boone County Landfill in the amount of $19.50/ton, up to $146,958 39. RESOLUTION NO. 24-257 awarding contract to ABM Industry Groups, LLC, of Des Moines, IA for Custodial Services at Ames Public Library in the amount of $94,498.56. 8 4 40. RESOLUTION NO. 24-258 approving Change Order No. 2 with Central States Roofing for Roof Replacement at the Power Plant in the amount of $100,000 41. Water Pollution Control Facility Biosolids Disposal Operations: a. RESOLUTION NO. 24-259 accepting completion of the FY 2023/24 biosolids disposal contract with Wulfekuhle Injection & Pumping of Peosta, Iowa, in the amount of $75,073.27 b. RESOLUTION NO. 24-260 awarding renewal for the FY 2024/25 contract for biosolids disposal to Wulfekuhle Injection and Pumping of Peosta, Iowa in an amount not to exceed $126,750. 42. RESOLUTION NO. 24-261 approving electric utility easement on State of Iowa property for the installation of an overhead electric line for the City of Ames, Iowa 43. RESOLUTION NO. 24-262 setting May 28, 2024, as date of Public Hearing to vacate existing Electrical Utility Easements along the lot line of 302 and 212 Sondrol Avenue 44. RESOLUTION NO. 24-263 Setting May 28, 2024, as the date of the public hearing to consider the adoption of the final amendment to the Fiscal Year 2023/24 Budget 45. RESOLUTION NO. 24-264 approving second amendment to Development Agreement with Townhome at Creekside, LLLP in conjunction with construction of 38 low-income housing tax credit (LIHTC) multi-family housing units on Lot 27 in Baker Subdivision 46. RESOLUTION NO. 24-265 setting May 28, 2024, as date of public hearing for approving the sale of City-owned Lot 1 in Baker Subdivision to Habitat for Humanity of Central Iowa 47. RESOLUTION NO. 24-266 approving amendment to purchase agreement with Habitat for Humanity of Central Iowa in conjunction with the sale of lots 6, 7, and 8 in the Baker Subdivision. 48. RESOLUTION NO. 24-267 Approving Geothermal Operations Agreement with Habitat for Humanity for Baker Subdivision Lots 1-8 Roll Call Vote: 5-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. REQUESTS FROM AMES PATRIOTIC COUNCIL FOR MEMORIAL DAY PARADE ON MONDAY, MAY 27, 2024: Council Member Gartin stated that he had pulled the item due to conflict of interest. Moved by Betcher, seconded by Junck, to approve the Requests from Ames Patriotic Council for Memorial Day Parade on Monday, May 27, 2024: a. Motion approving blanket Temporary Obstruction Permit for closed area b. RESOLUTION NO. 24-229 approving closure of Pearle Avenue and 5th Street from east of Pearle Avenue through Clark Avenue intersection from 9:00 a.m. to 11:00 a.m. for parade line-up c. RESOLUTION NO. 24-230 approving temporary closure of Clark Avenue from 5th to 9th Street between 10:30 a.m. and 11:00 a.m. for movement of the parade d. RESOLUTION NO. 24-231 approving temporary closure of 9th Street between Clark Avenue and Maxwell Avenue from 10:45 a.m. to 11:00 a.m. for movement of the parade e. RESOLUTION NO. 24-232 approving temporary closure of 6th Street at Clark Avenue and Duff Avenue at 9th Street, as parade moves through those intersections. Roll Call Vote: 4-0-1, Gartin abstaining due to conflict of interest. Motions/Resolutions declared 9 5 carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. AMENDMENT TO FY 2023/24 ASSET CONTRACT WITH THE SALVATION ARMY: Assistant City Manager Pa Goldbeck explained that the funding request would be drawn from funds that were already budgeted and set aside for emergency shelter services. Council Member Gartin stated that these funds were preapproved dollars that were being reallocated, and Assistant City Manager Goldbeck responded in the affirmative. Moved by Gartin, seconded by Betcher to adopt RESOLUTION NO. 24-234 approving amendment to FY 2023/24 ASSET Contract with The Salvation Army to add $40,000 for temporary emergency shelter services. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. SALE OF CITY-OWNED LOT 1 IN BAKER SUBDIVISION TO HABITAT FOR HUMANITY OF CENTRAL IOWA: Council Member Gartin stated that he pulled this item due to a conflict of interest. Moved by Rollins, seconded by Betcher, to adopt RESOLUTION NO. 24-265 setting May 28, 2024, as date of public hearing for approving the sale of City-owned Lot 1 in Baker Subdivision to Habitat for Humanity of Central Iowa. Roll Call Vote: 4-0-1, Gartin abstaining due to conflict of interest. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. AMENDMENT TO PURCHASE AGREEMENT WITH HABITAT FOR HUMANITY OF CENTRAL IOWA IN CONJUNCTION WITH THE SALE OF LOTS 6, 7, AND 8 IN THE BAKER SUBDIVISION: Council Member Gartin stated that he pulled this item due to a conflict of interest. Moved by Rollins, seconded by Betcher, to adopt RESOLUTION NO. 24-266 approving amendment to purchase agreement with Habitat for Humanity of Central Iowa in conjunction with the sale of lots 6, 7, and 8 in the Baker Subdivision. Roll Call Vote: 4-0-1, Gartin abstaining due to conflict of interest. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. PUBLIC FORUM: Mayor Haila opened the Public Forum. Richard Deyo, 505 8th Street #102, Ames, shared his experience with the Ames Community School District. Mayor Haila closed the Public Forum when no one else came forward to speak. AGREEMENTS WITH IOWA STATE UNIVERSITY FOR CYTOWN: Assistant City Manager Brian Phillips presented the Council Action Form (CAF). Mayor Haila opened the Public Input. 10 6 Herman Quirmbach, 102 Jarrett Circle, expressed his concerns with the legal implications of the agreements, revenue collection for the Ames Community School District and Story County, and asked the City Council to pursue independent legal opinion on Chapter 23A of the Code of Iowa. Mayor Haila closed the Public Input when no one else came forward to speak. Moved by Rollins, seconded by Gartin, to adopt RESOLUTION NO. 24-268 approving Memorandum of Understanding Relating to the CYTown Development. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Beatty-Hansen, seconded by Betcher, to adopt RESOLUTION NO. 24-269 approving CYTown Development Area Construction, Utilities, Traffic and Related Services Memorandum of Understanding. Roll Call Vote: 5-0. 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. 24-270 approving CYTown Development Area Water and Sanitary Sewer Utility Easement Agreement. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Rollins, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 24-271 approving CYTown Development Area Electrical Agreement. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. AMES ECONOMIC DEVELOPMENT COMMISSION (AEDC) ANNUAL REPORT PRESENTATION: Dan Culhane, President and CEO of the Ames Chamber of Commerce, presented on the accomplishments and activities of the AEDC in the past fiscal year. Moved by Gartin, seconded by Betcher, to adopt RESOLUTION NO. 24-272 approving 2024/25 Funding Contract. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HARRISON ROAD NEIGHBORHOOD OUTREACH MEETING FOR HOUSING INFILL OPTIONS: Director of Planning and Housing Kelly Diekmann and Planner Eloise Sahlstrom presented the Staff Report. Mayor Haila opened the Public Input. Dwayne Myers, 4103 Crestmoor Avenue, Ames, expressed his opposition to the addition of housing in the neighborhood and outlined the conditions of the plot. 11 7 Gerald, Ames Resident, shared the outdoor recreational activities he enjoyed with his sister on the property. Loren, 4110 Crestmoor Avenue, Ames, expressed his belief that development was not the right choice for the neighborhood and mentioned that there was no deed for the property. Aiden, Ames Resident, expressed his concerns with traffic and noise levels in the community if development were to be pursued. Grant Olsen, 3812 Ontario Street, Ames, shared his concerns with the speed of traffic and the need for traffic calming on Hyde Avenue. Rex, 2729 Laurel Street, Ames, emphasized how the space had been used by families and how important it was to the neighborhood. Paul, 4206 Wellbeck Drive, Ames, reiterated previous sentiments of the importance of the space and the high levels of use that the area received by children for recreation. Mayor Haila closed the Public Input when no one else came forward to speak. Moved by Gartin, seconded by Rollins, to approve Option One: Direct staff to proceed with preparing a Request for Proposals (RFP) to prioritize attached housing and maintaining a sizeable portion for open space. Vote on Motion: 5-0. Motion declared carried unanimously. REQUEST TO INITIATE A ZONING TEXT AMENDMENT FOR EXCEPTION TO MINIMUM FAR AND HEIGHT ALONG MAIN STREET: Director Diekmann presented the CAF. Mayor Haila opened the Public Input. Gary Youngberg, owner of Ames Silversmithing, shared the vision for the new building with the City Council. Mike Stott, architect for Ames Silversmithing, expressed his thanks to staff for the assistance provided throughout the process of strategizing the best solution to the business’ requests. Mayor Haila closed the Public Input when no one else came forward to speak. Moved by Betcher, seconded by Beatty-Hansen, to approve Option Two: Allow for all building additions, regardless of use, to be eligible to apply for an exception approved by the Zoning Board of Adjustment (ZBA). Vote on Motion: 5-0. Motion declared carried unanimously. SUNSET RIDGE NORTH SUBDIVISION, FIRST ADDITION MAJOR FINAL PLAT: Director Diekmann presented the CAF. 12 8 Mayor Haila opened and closed the Public Input when no one came forward to speak. Moved by Gartin, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 24-273 Approving Final Plat. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 24-274 Accepting Financial Security for Public Improvements. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. The City Council recessed the meeting at 8:29 p.m. and reconvened at 8:36 p.m. PLANNING DIVISION WORK PLAN 2024: Director Diekmann presented the active projects for the Planning Division and requested the City Council outline priorities for staff. Moved by Betcher, seconded by Junck, to prioritize a Comprehensive Zoning Ordinance Update and establish a timeframe to initiate the project. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Junck, seconded by Betcher, to prioritize the Elwell Property Commercial Zoning Overlay and Development Agreement Changes. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Junck, seconded by Rollins, to develop a Climate Action Plan Incentive Program of Property Tax Abatement for Net Zero/Passive Homes. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Junck, seconded by Beatty-Hansen, to prioritize one redirection area. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Betcher, seconded by Rollins, to place Work Plan Items No. 31 and 32 on the City Council agenda for discussion in September. Vote on Motion: 5-0. Motion declared carried unanimously. NUTRIENT REDUCTION MODIFICATION PHASE I: Moved by Beatty-Hansen, seconded by Betcher, to adopt RESOLUTION NO. 24-276 Issuing a Notice to Bidders for the Water Pollution Control Facility Nutrient Reduction Modifications Phase 1 Project, setting June 26 as the bid due date and July 9 as the date of public hearing and award. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON ZONING TEXT AMENDMENT FOR THE PURPOSE OF INCLUDING ROCK CLIMBING FACILITIES AS A MISCELLANEOUS USE WITHIN THE 13 9 GENERAL INDUSTRIAL (GI) ZONING DISTRICT BY SPECIAL USE PERMIT: Planner Sahlstrom presented the CAF. Mayor Haila opened the Public Hearing. Brian Doscher, Ames Business Owner, spoke in favor of the Zoning Text Amendment and explained the vision he had for the building. Mayor Haila closed the Public Hearing when no one else came forward to speak. Moved by Betcher, seconded by Junck, to pass on first reading an Ordinance on Zoning Text Amendment for the purpose of including rock climbing facilities as a Miscellaneous Uses within the General Industrial (GI) zoning district by Special Use Permit. Roll Call Vote: 5-0. Motion declared carried unanimously. FIRST READING OF ORDINANCE ON AN AMENDMENT TO CHAPTER 18.7A OF THE MUNICIPAL CODE, SPECIAL PENALTY FOR GAME DAY PARKING, TO ADD EVENT PARKING: Chief Huff presented the CAF. Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Betcher, seconded by Beatty-Hansen, to pass on First reading of an Ordinance on an Amendment to Chapter 18.7A of the Municipal Code, Special Penalty for Game Day Parking, to add Event Parking. Roll Call Vote: 5-0. Motion declared carried unanimously. SECOND READING OF ORDINANCE AMENDING CHAPTER 28 OF THE MUNICIPAL CODE ESTABLISHING GEOTHERMAL SERVICES AND RULES AND CHARGES THEREFORE: Moved by Beatty-Hansen, seconded by Junck, to pass on Second reading of Ordinance amending Chapter 28 of the Municipal Code establishing Geothermal Services and rules and charges therefore. Roll Call Vote: 5-0. Motion declared carried unanimously. SECOND READING ON AMENDING CHAPTER 5 AND CHAPTER 22 OF AMES MUNICIPAL CODE REGARDING MISSING INFRASTRUCTURE REQUIREMENTS: Moved by Betcher, seconded by Junck, to pass on Second reading on amending Chapter 5 and Chapter 22 of Ames Municipal Code regarding Missing Infrastructure Requirements. Roll Call Vote: 5-0. Motion declared carried unanimously. THIRD READING AND ADOPTION OF ORDINANCE NO. 4526 CHAPTER 28 OF THE MUNICIPAL CODE SECTION 28.304(3) TO INCREASE SANITARY SEWER RATES BY 7% FOR BILLS DUE ON OR AFTER JULY 1, 2024: Moved by Beatty-Hansen, seconded by Rollins, to pass on third reading and adopt Third reading and adoption of ORDINANCE NO. 4526 Chapter 28 of the Municipal Code Section 28.304(3) to increase sanitary sewer rates by 7% for bills due on or after July 1, 2024. Roll Call Vote: 5-0. Motion declared carried unanimously. 14 10 THIRD READING AND ADOPTION OF ORDINANCE NO. 4527 ON APPOINTMENT CRITERIA FOR BOARDS & COMMISSIONS: Moved by Betcher, seconded by Junck, to pass on Third reading and adopt of ORDINANCE NO. 4527 on Appointment Criteria for Boards & Commissions. Roll Call Vote: 5-0. Motion declared carried unanimously. DISPOSITIONS OF COMMUNINCATIONS TO COUNCIL: Mayor Haila noted that there were ten items for consideration. The first and second items were emails and a previous Staff Report for information only regarding CYTown. Then an email from Julious Lawson, Ames Community School District Superintendent, containing an invoice for Municipal Pool Demolition, was considered. Moved by Beatty-Hansen, seconded by Rollins, to request a memo from staff. Vote on Motion: 5-0. Motion declared carried unanimously. The fourth item to be discussed regarding Scholarships for the Middle School Delegation to Koshu, Japan, was from Cynthia Hicks. Moved by Betcher, seconded by Junck, to place the item on a future agenda for discussion. Vote on Motion: 4-1, Gartin dissenting. A memo from Dean Sayre, Public Works Civil Engineer, providing an update on Hyland Avenue Bicycle and Pedestrian Facilities was considered. Moved by Beatty-Hansen, seconded by Rollins, to place the item on a future agenda. Vote on Motion: 4-1, Gartin dissenting. Dotson Drive Traffic Concerns sent by Mark and Carly Reynolds, was the next item to be evaluated. Moved by Rollins, seconded by Betcher, to request a memo from staff. Vote on Motion: 5-0. Motion declared carried unanimously. An email from Bob Johnson regarding Residential Energy Audit Concerns was the seventh item. City Manager Schainker stated that the Director of Electric Services had responded to the resident and was working to find a resolution. Next, an email from Steve Martin, concerning Cost of Downtown Parking was examined. Moved by Beatty-Hansen, seconded by Betcher, to respond that no action will be taken at this time. Vote on Motion: 5-0. Motion declared carried unanimously. Then, an email with pictures from Balinda Ellsworth citing Washington Avenue and S. 4th Street Intersection Concerns was evaluated. 15 11 Moved by Beatty-Hansen, seconded by Junck, to refer the item to staff to address. Vote on Motion: 5-0. Motion declared carried unanimously. The next item to be discussed by the City Council was an email from James Roach regarding Permitted Mowing Hours. Moved by Beatty-Hansen, seconded by Junck, to take no action on the item. Vote on Motion: 5-0. Motion declared carried unanimously. Mayor Haila noted that an email from Marie Mancuso regarding the Martin pier in Downtown had been sent to all Council Members and himself individually, resulting in its exclusion from the packet, though action was needed. Moved by Betcher to refer to staff for a memo. Vote on Motion: 5-0. Motion declared carried unanimously. 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. Moved by Betcher, seconded by Rollins, to request a memo from staff on recent traffic studies on Hyde Avenue from Bloomington Road to 190th Street. Vote on Motion: 5-0. Motion declared carried unanimously. ADJOURNMENT: Moved by Betcher, seconded by Beatty-Hansen, to adjourn at 9:49 p.m. Vote on Motion: 5-0. Motion declared carried unanimously. 16 SUMMARY OF MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL AMES, IOWA MAY 23, 2024 The Special Meeting of the Ames City Council was called to order by Mayor John Haila at 1:37 p.m. on the 23rd day of May, 2024, pursuant to law. As it was impractical for the Council Members to attend in person, Council Members Bronwyn Beatty-Hansen, Amber Corrieri, Tim Gartin, and Anita Rollins joined the meeting electronically. Council Member Gloria Betcher, Council Member Rachel Junck, and ex officio Emily Boland were absent. HOME PROGRAM LOAN DOCUMENTS FOR THE SALE OF LOT 27 IN THE BAKER SUBDIVISION: Housing Coordinator Vanessa Baker-Latimer presented the Council Action Form (CAF). Moved by Beatty-Hansen, seconded by Gartin, to adopt Resolution No. 24-277 approving the HOME Loan documents including Exhibits A-I) with Townhomes At Creekside LLLP, in conjunction with the construction of thirty-eight (38) HOME Assisted Low-Income Housing Tax Credit (LIHTC) multi-family housing units on Lot 27 in the Baker Subdivision contingent upon the City receiving its Release of Funds notification from HUD. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. ENGINEERING SERVICES CONTRACT AND CHANGE ORDER NO. 4 FOR CONSTRUCTION SERVICES FOR COMPLIANCE WITH THE U.S. EPA’S COAL COMBUSTION RESIDUALS (CRR) STANDARD: Director of Electric Services Donald Kom and Assistant Director of Electric Services Curtis Spence presented the CAF and engaged questions from the City Council members. Moved by Gartin, seconded by Beatty-Hansen, to adopt Resolution No. 24-278 approving Engineering Services Contract and Change Order No. 4 in the amount of $431,500 to SCS Engineers of Clive, Iowa, to provide additional consulting services to complete the construction, compliance documentation, construction certification, and related services necessary to modify and reconfigure the ash site to comply with the provisions of U.S. EPA’s coal combustion residuals (CCR) rule. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. COUNCIL COMMENTS: Council Member Gartin invited the community to attend and participate in the Memorial Day events starting at 10:30 a.m. on Monday, May 27, 2024. DISPOSITIONS OF COMMUNICATION TO COUNCIL: Mayor Haila noted that there were two items to consider. The first item was from Vern Hawkin, Ames NAACP Branch President, regarding Juneteenth Celebration Sponsorship. Moved by Beatty-Hansen, seconded by Corrieri, to place the item on a future agenda. 17 Vote on Motion: 3-0-1, Rollins abstaining due to conflict of interest. Motion declared carried. A letter from Dan Culhane, President and CEO of the Ames Chamber of Commerce, concerning a relocation endorsement to the Iowa Economic Development Authority was the second item. Moved by Gartin, seconded by Beatty-Hansen, to place the item on a future agenda. Vote on Motion: 4-0. Motion declared carried unanimously. ADJOURNMENT: Moved by Beatty-Hansen, seconded by Rollins, to adjourn the meeting at 1:47 p.m. Vote on Motion: 4-0. Motion declared carried unanimously __________________________________ ____________________________________ Carly M. Watson, Deputy City Clerk John A. Haila, Mayor __________________________________ Renee Hall, City Clerk 18 To:Mayor & City Council From:City Clerk's Office Date:May 24, 2024 Subject:Approval of Civil Service Candidates Item No. 3 MEMO Attached are the minutes for the Regular Meeting of the Civil Service Commission held on May 23, 2024. /rh ATTACHMENT(S): May 23 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 19 MINUTES OF THE REGULAR MEETING OF THE AMES CIVIL SERVICE COMMISSION AMES, IOWA MAY 23, 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 May 23, 2024. Also in attendance was Commission Clerk, Vicki Hillock. APPROVAL OF MINUTES OF MARCH 28, 2024: Moved by Pike, seconded by Conley, to approve the Minutes of the April 25, 2024, Regular Service Commission meeting. Vote on Motion: 3-0. Motion declared carried unanimously. CERTIFICATION OF ENTRY-LEVEL APPLICANTS: Moved by Linduska, seconded by Pike, to certify the following individuals to the Ames City Council as Entry-Level Applicants: Budget and Finance Analyst Patti Lehman 78 McKinlee Ritter 75 Brandon Sommers 71 Building Maintenance Specialist James Bohl 74 Michael Vincent 72 Matthew Elbert 70 Firefighter Todd Trogu 81 Connor McCollum 81* Callan Anderson 77* Connor Gillet 75 Berkley Dinsdale 75 Alexander Buttermore 72 Daniel Olson 72 Brady Kline 70 *includes preference points Parks Maintenance Specialist Matt Gruhn 89* Eric Edwards Norris 74 Brian Lewis 73 *includes preference points Vote on Motion: 3-0. Motion declared carried unanimously. REQUEST TO REMOVE NAME FROM POLICE OFFICER LIST: Moved by Conley, seconded by Linduska to remove name from the Police Officer entry-level certified list. COMMENTS: The next Regular Meeting will be held in-person on Thursday, June 27, 2024, at 8:15am. ADJOURNMENT: The meeting adjourned at 8:18 AM. __________________________________ _______________________________________ Kim Linduska, Chairperson Vicki Hillock, Commission Clerk 20 To:Mayor & City Council From:City of Ames Purchasing Division Date:May 17, 2024 Subject:Report of Contract Change Orders Item No. 4 MEMO The Report of Change Orders for period May 1-15, 2024, is attached for your review and consideration. /rh ATTACHMENT(S): Change Order Report - May 1-15, 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) Electric Services HVAC Replacement at the Power Plant 1 $269,740.00 Mechanical Comfort, Inc.$0.00 $410.00 C.Spence AM Water Pollution and Control Well Rehabilitation Project 2 $120,066.16 Northway Corporation $13,228.00 $646.00 C.Forte QE Public Works 2023/24 Seal Coat Street Pavement Improvements (E 16th Stl Glendale Ave) 1 $1,828,001.36 Manatt's Inc $0.00 $2,100.00 J. Joiner KS Public Works 2022/23 CyRide Route Pavement Improvements (Lincoln Way-Beedle Dr to Franklin Ave) 1 $2,584,689.20 Con-Struct, Inc $0.00 $-(924.70)J. Joiner KS $$$ $$$ Period:1st – 15th 16th – End of Month Month & Year:May 2024 For City Council Date:May 28, 2024 22 To:Mayor and City Council From:Grace Bandstra, Deputy City Clerk Date:May 28, 2024 Subject:5 - Day (June 9 - June 13, 2024) Class C Retail Alcohol License - Your Private Bartender, 2609 University Boulevard Item No. 5 MEMO Please see the attached documentation for a motion approving 5 - Day License (June 9 - June 13, 2024) Class C Retail Alcohol License - Your Private Bartender, 2609 University Boulevard. ATTACHMENT(S): Your Private Bartender.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 YOUR PRIVATE BARTENDER, LLC NAME OF BUSINESS(DBA) Your Private Bar BUSINESS (515) 208-1050 ADDRESS OF PREMISES 2609 University Boulevard PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 1721 25th Street CITY West Des Moines STATE Iowa ZIP 50266 Contact Person NAME Amber Cooper PHONE (515) 208-1050 EMAIL admin@yourprivatebar.com License Information LICENSE NUMBER LICENSE/PERMIT TYPE Class C Retail Alcohol License TERM 5 Day STATUS Submitted to Local Authority TENTATIVE EFFECTIVE DATE June 9, 2024 TENTATIVE EXPIRATION DATE June 13, 2024 LAST DAY OF BUSINESS SUB-PERMITS Class C Retail Alcohol License 24 Page 2 of 2 PRIVILEGES Outdoor Service Status of Business BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Amber Cooper Johnston Iowa 50131 Managing Member 51.00 Yes Matthew Cooper Falls City Oregon 97344 Member 49.00 Yes Insurance Company Information INSURANCE COMPANY Illinois Casualty Co POLICY EFFECTIVE DATE Jan 1, 2024 POLICY EXPIRATION DATE Dec 31, 2024 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:May 28, 2024 Subject:New Class E Retail Alcohol License - BP, 2720 East 13th Street Item No. 6 MEMO Please see the attached documentation for a motion approving a New Class E Retail Alcohol License - BP, 2720 East 13th Street, Pending Favorable Inspection. ATTACHMENT(S): BP 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 26 Page 1 of 2 Applicant NAME OF LEGAL ENTITY H & A EASY MART, INC. NAME OF BUSINESS(DBA) BP BUSINESS (515) 556-3700 ADDRESS OF PREMISES 2720 East 13th Street PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50323 MAILING ADDRESS 2720 East 13th Street CITY Ames STATE Iowa ZIP 50323 Contact Person NAME Anoop Ballagan PHONE (515) 556-3800 EMAIL asballagan@gmail.com License Information LICENSE NUMBER LICENSE/PERMIT TYPE Class E Retail Alcohol License TERM 12 Month STATUS Submitted to Local Authority EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS SUB-PERMITS Class E Retail Alcohol License PRIVILEGES Status of Business 27 Page 2 of 2 BUSINESS TYPE Corporation Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Anoop Ballagan Urbandale Iowa 50323 owner 50.00 Yes Hardeep Ballagan Urbandale Iowa 50323 owner 50.00 Yes Insurance Company Information INSURANCE COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE 28 To:Mayor John Haila and Ames City Council Members From:Lieutenant Mike Arkovich, Ames Police Department Date:May 9, 2024 Subject:Beer Permits & Liquor License Renewal Reference City Council Agenda Item No. 7 MEMO The following licenses are eligible for renewal: a. Della Viti, (323 Main Street #102), Class C Retail Alcohol License with Catering Privilege and Outdoor Service, Pending Dramshop Review b. Old Chicago Pizza and Taproom, (1610 S. Kellogg Ave), Class C Retail Alcohol License with Outdoor Service c. Casey's General Store #2560, (3020 S. Duff Ave), Class E Retail Alcohol License d. Green Hills Residents' Association, (2200 Hamilton Drive, Suite 100), Class F Retail Alcohol License with Outdoor Service e. MMDG Spirits, (126A Welch Avenue), Class E Retail Alcohol License f. Kum & Go #200, (4510 Mortensen Road), Class E Retail Alcohol License g. Kum & Go #216, (203 Welch Ave), Class E Retail Alcohol License h. Wheatsfield Cooperative, (413 Northwestern Avenue), Special Class C Retail Alcohol with Outdoor Service i. Hilton Garden Inn Ames, (1325 Dickinson Avenue), Class C Retail Alcohol License with Outdoor Service, Pending Dramshop Review A review of police records for the past 12 months found no liquor law violations for Della Viti, Old Chicago Pizza and Taproom, Casey’s General Store #2560, Green Hills Residents’ Association, MMDG Spirits, Kum and Go #200 and #216, Wheatsfield Cooperative, and Hilton Garden Inn. The Ames Police Department recommends the license renewal for these businesses. 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 29 ITEM #:8 DATE:05-28-24 DEPT:POLICE SUBJECT:APPLICATION TO AND PARTICIPATION IN THE 2024 DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS BULLLETPROOF VEST PARTNERSHIP PROGRAM COUNCIL ACTION FORM BACKGROUND: The Ames Police Department is again requesting permission to apply for funding from the Department of Justice, Office of Justice Programs, Bulletproof Vest Partnership (BVP) program, and to participate in the program should funds be awarded. This program provides funds to local law enforcement agencies to support the purchase of new and replacement bulletproof vests for individual officers. This protective device is critical to the safety of our police officers. Bulletproof vests have an approximate five-year life cycle. The Police Department has a rotating schedule for replacement of vests for current officers. In addition, as new officers are added to the force, new vests must be purchased that are tailored to the individual officer. During 2024–2025 fiscal year, the schedule calls for the acquisition or replacement of 10 vests. The Police Department has participated in this grant for many years to help supplement the costs of the vests. The estimated cost for these vests is $12,040. The grant requires that local agencies must provide 50% of the cost. To the extent that federal funds are available, the BVP program will provide the other 50%. The 2024-2025 Police budget was constructed with the expectation that we would apply for and receive a Bulletproof Vest Partnership grant, so the Police Department’s 50% share has already been budgeted as a commodities expense. ALTERNATIVES: 1. Approve the Police Department’s application to and participation in the Department of Justice Office of Justice Programs Bulletproof Vest Partnership program. 2. Do not approve the Police Department’s application to and participation in the Department of Justice Office of Justice Programs Bulletproof Vest Partnership program. CITY MANAGER'S RECOMMENDED ACTION: Bulletproof vests are an indispensable piece of safety equipment for police officers. Historically the Police Department has successfully participated in this program with the U.S. Department of Justice to provide protection to our local officers. Participation in this program allows the City to provide the best product to our officers with half the cost paid by the Department of Justice. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1. 30 To:Members of City Council From:John A. Haila, Mayor Date:May 24, 2024 Subject:Relocation of Sabanto Item No. 9 MEMO Sabanto, Inc., a company currently located in the ISU Research Park (ISURP) in the City of Ames, and in the City of Nevada, is pursuing construction of a new facility to accommodate growth in Nevada. To facilitate this transition, the company is seeking incentives from the Iowa Economic Development Authority. (IEDA). As part of the application process, IEDA requires an official acknowledgement and approval from the City of Ames regarding the move to another Iowa community. According to my conversation with Dan Culhane: 1. Sabanto has been based in Nevada, not Ames 2. Sabanto has leased office space in the ISURP for less than two (2) years, in order to accommodate their growing staff. While we regret the departure of the company and jobs provided, it appears that the rental of office space in the ISURP may have always been viewed as a temporary location as the company grew. Therefore, it is my recommendation that Council approve my signing and forwarding of the letter to IDEA that is attached herewith. ATTACHMENT(S): D. Cullhane - Sabanto letter to City of Ames 5-21-24 (004).pdf City of Ames letter to IEDA - Sabanto May 2024 (003).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 31 May 21, 2024 Mayor John Haila City of Ames 515 Clark Avenue Ames, IA 50010 Mayor Haila and Members of the Ames City Council, Sabanto, Inc., a company currently located in the Iowa State University Research Park in the City of Ames, and in the City of Nevada, is pursuing construction of a new facility to accommodate growth of the company. Following a regional analysis of available parcels, the company has identified an 8-acre parcel in the community of Nevada, the preferred location for this expansion. The company currently employs 20 people in Ames that will be relocated to the new facility. The expansion will allow the company to retain these existing employees and add an additional 20 full-time employees to their team. To facilitate this transition, the company is seeking incentives from the Iowa Economic Development Authority (IEDA). As part of the application process, IEDA requires an official acknowledgment and approval from the City of Ames regarding the move to another Iowa community. Funding from the IEDA is crucial for constructing the new facility along with expanding its workforce. We believe this move benefits not only Sabanto but also fosters stronger economic ties and technological advancements across Story County. We kindly request the City of Ames sign and submit the enclosed pre-drafted letter. This letter formally acknowledges and endorses the company’s relocation and will pave the way for application submittal to IEDA. Sabanto deeply appreciates the support and cooperation they have received from the City of Ames and the Iowa State University Research Park. Your acknowledgment and approval of this transition is instrumental in facilitating the company’s growth objectives and continued innovation going forward. Thank you for your understanding and assistance, Sincerely, Daniel A. Culhane President and CEO Ames Economic Development Commission 32 May 21, 2024 Debi V. Durham, Director Iowa Economic Development Authority 1963 Bell Ave. Des Moines, IA 50315 Re: Relocation of Sabanto Dear Director Durham: The City of Ames has been notified by Sabanto of its intention to relocate from leased space at 2625 N. Loop Drive, Suite 2105, Building 2 in the Iowa State University Research Park in Ames, Iowa to a newly constructed building in Nevada, Iowa. Company representatives indicate they desire to build a new facility on eight acres, to include shop space, offices, and meeting space. This company relocation will move twenty jobs from the current location in Ames to the new facility in Nevada, Iowa. The company has indicated it may make an application to the Iowa Economic Development Authority High Quality Jobs program for financial assistance and has requested the City of Ames provide a letter that it will not object to such application. I hereby state that we do not object to such an application. While disappointed that the company was unable to find a suitable location within the City of Ames, we are pleased and supported that they have chosen to remain in Story County. Sincerely, John Haila, Mayor City of Ames 33 ITEM #:10 DATE:05-28-24 DEPT:ADMIN SUBJECT:REQUEST FOR MIDNIGHT MADNESS ON JULY 13, 2024 COUNCIL ACTION FORM BACKGROUND: The annual Midnight Madness races will be held at Ames Fitness Center South (ISU Research Park) on Saturday, July 13. The event includes 5k, 10k, and kid runs, followed by activities at Ames Fitness Center South. An estimated 500 people will enter all races and approximately 800 spectators will be at the event. Organizers are requesting the following partial street closures from 5:00 p.m. to 11:00 p.m. on Saturday, July 13: Collaboration Place Road to S. Riverside Drive (north side lane) S Riverside Drive North to Airport Road (west side lane) Airport Road between S. Riverside Drive and South Loop Drive (south side of eastbound traffic) South Loop Drive (east side of road) University Blvd from Cottonwood Road to Collaboration Place (east side of road) City staff will provide barricades and traffic cones to facilitate this event, blocking a dedicated running lane while allowing vehicle to traffic to use other lanes. Midnight Madness organizers have also obtained a Noise Permit for this event. Event organizers will clean up the event on Saturday night into Sunday morning, with cleanup being completed by 12:30 a.m. ALTERNATIVES: 1. Approve the requests for Midnight Madness on July 13, 2024, as outlined above. 2. Do not approve the requests for Midnight Madness. CITY MANAGER'S RECOMMENDED ACTION: Midnight Madness has been held since 1979 and is a popular event that draws many competitors and spectators from a wide area to Ames. There have been no significant problems in the past with the arrangements requested above. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. ATTACHMENT(S): Midnight Madness - Peak.pdf 34 2o;q f.. or-nes i ;11j i I i ..'. l Setup Date 7l13lzo24 Downtown - Ames Main Street: (515) 232-2310 Campustown Action Association : (5 1 5 ) 232-231 0 ISU - Events Authorization Committee: (515) 294-1437 d irector@a mesdowntown. org sarahd@ameschamber. com eventauthorization@iastate.edu a rime5:OOpm M T W R F Sa Su arime6:00pm M T w R F Sa Su aTime11:00pm M T w R F Sa Su Time11:30pm M T w n r sa su ConcerUPerformance Farmer/Outdoor Market Other (please explain) For Office Use Only Documents Received Date: Completed Application _ Fireworks Application ($2s fee) _ lnsurance Certificate _ Public Safety & Event Management Plan _ Site Plan/Route Map ($25 fee) e.."n.,"r _ Vendor List (S50 feeleach) _ Parking fees Special Events Meeting Date Time Room Documents Sent: _ Alcohol License ABD _ Fireworks Permit _ Road Race Permit _ TOP _ Vending Permit Other Departments lncluded _ City Manager: Brian Phillips and Tasheik Kerr _ CyRide: Jenny Bethurem or Rob Holm or Kevin Gr __ Electric: Mark lmhoff _ Fire: Jason Ziph or Rich H iggin s _ Parks & Rec: Craig Kaufman or Joshua Thompson _ Public Works: Brad Becker or Dave Cole _ Police: Tom Shelton or Mike Arkovich __ Water: Heidi Petersen _ Risk Management: Bill Walton CAA: Sarah Dvorsky AMS: Sarah Dvorsky ISU: Events Authorization Committee City Council Meeting Date _ Added to Agenda with CA Approved Y N {}.}}.-'a''i \ : Applications received less than thirty (30) days before the event may not be processed by the City in time for the event and will automatically be denied. Each application is viewed as a new event regardless of previous occasions. Event Name AMES MIDNIGHT MADNESS ROAD RACE Location/Address Ames Fitness Center 3600 University Blvd Region (Se/ecf one or more) Ames Main Street (Downtown) Campustown District r' lowa State University Property City Parks r' Other (please explain) Please note that events occurring in the Downtown, Campustown, in City parks, or on ISU property require prior approvals. A letter of support will be required from CAA if the event occurs in Campustown or from Ames Main Street if the event occurs in Downtown. Please contact the appropriate office well in advance: Event Starts Date 711312024 Event Ends Dare 7ri3r2o24 Teardown Complete Event Category Date 711312024 Detailed Description of Event Activities (written overview of event and what's golng to happen) Ames Midnight MAdness 5K and 10K Road Race with a post race celebration in the Ames Fitness Center South parking lot. r Athletic/Recreation Exhibits/Misc. Festival/Celebration Parade/Procession/March Rain Date 'Yss iliri o Rain Location ls this an annual event? lf yes, how many years? 53 yf Reminder Date 35 I \i Sponsor/Applicant Name Brett Carney Address 294 NW Georgetown Drive city Waukee State lA Zip Code 50263 Daytime Phone 5'15-203-9557 Cell Phone 515-203-9557 E-mail brettcarneyl O@gmail.com Alternate Contact Name Tabatha Carney Daytime Phone 515-203-9067 Cell Phone 515-203-9067 E-mai I tabatha_carney@yahoo. com a f t !i , : \ 1r.: -, i Anticipated Daily Attendance 800 Yes No a ls this event open to the public? etc.)? lf yes, please list: .\'. :' " " '. For-Profit Bona Fide Tax Exempt r' Nonprofit Yes Nr.r 'O Are patron admission, entry, orparticipantfees required? lf yes, please describe and provide amounts: 5K and 10K Registration Fees range from $30-$45 ea O Are vendor or other fees required? lf yes, please provide amounts: Percentage of net proceeds going towards fundraising 50 % Percentage of net proceeds going towards for-profit entity 50 % ,i :.'. iir, i Ames Police Department 24 hour non-emergency phone number: 515-239-5133 Please complete the course at https://www.crowdmanaqers.com/traininq for crowd management training. Y es i\ic O Have you hired a professional security company to develop and manage your event's security plan? lf yes, please fill out the following information: Security Organization Address City State Zip phone Email 36 To:Members of the City Council From:John A. Haila, Mayor Date:May 28, 2024 Subject:Appointments to Historic Preservation Commission and Parks and Recreation Commission Item No. 11 MEMO At the March 12, 2024, City Council meeting, the City Council confirmed a variety of appointments to the City’s boards and commissions. There remain several vacancies to be filled, and recruitment efforts have continued. After consulting with City staff, I am pleased to recommend the appointment Kate Gregory to the Historic Preservation Commission as the Old Town Representative to fill a term expiring on March 31, 2027. I am also pleased to recommend the appointment of Debra Tapp to the Parks and Recreation Commission to fill a term expiring March 31, 2025. 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 37 ITEM #:12 DATE:05-28-24 DEPT:ADMIN SUBJECT:REQUEST TO MODIFY FY 2023/24 ASSET ALLOCATION TO YSS COUNCIL ACTION FORM BACKGROUND: YSS has submitted a request to the City to modify its FY 2023/24 ASSET allocation by transferring funds that remain to be drawn down in four programs to other programs that will be able to draw down the funds. The revised allocations appear in the tables below. YSS is requesting a transfer of $14,000 from Rosedale Shelter to Service Coordination. YSS has not been able to draw down the funds allocated to Rosedale due to a decrease in Ames youth coming to the shelter without funding. Allocated funds for Service Coordination were exhausted in January, and Service Coordination falls under the City Council's ASSET priority of meeting mental health and substance use disorder needs. Staff recommends the full amount requested to be transferred. Service Original Allocation Change Request and Staff Recommendation Revised Allocation Rosedale Shelter $32,442 - $14,000 $18,442 Service Coordination $15,000 + $14,000 $29,000 TOTAL $47,442 $0 $47,442 YSS is also requesting a transfer of $8,500 from Substance Abuse/Co-Occurring Treatment to Transitional Living Program (TLP). YSS has not been able to draw down the funds allocated to Substance Abuse/Co-Occurring due to a decrease in Ames clients without funding. Allocated funds for TLP have not been exhausted, as $3,237.95 remains in the balance. This balance would have been exhausted if not for an accounting error on YSS' part. Since September 2023, YSS has been providing TLP services without submitting for reimbursement because it believed that it had exhausted the allocated funds. Recent consultation with City Finance staff revealed the error, and YSS is now aware of the remaining $3,237.95. Demand for the TLP service remains high enough that the existing balance and the additional $8,500 requested are both expected to be exhausted this fiscal year. However, given the updated balance in the Substance Abuse/Co-Occuring Treatment fund as of 5/23/24, $7,330.93, Staff is recommending $7,000 be transferred to TLP. TLP meets the City Council's ASSET priority of basic needs through sheltering. Service Original Allocation Change Requested Staff Recommendation Revised Allocation + Staff Recommendation Substance Abuse/Co- Occurring Treatment $13,555 - $8,500 -$7,000 $6,555 Transitional Living Program (TLP)$6,261 + $8,500 +$7,000 $13,261 TOTAL $19,816 $0 $0 $19,816 Lastly, YSS is requesting a transfer of $17,000 from Youth Employment to Mentoring and a transfer of $22,000 from Youth Development to Mentoring. YSS has not been able to draw down 38 the funds allocated to Youth Employment or Youth Development as it has not been able to provide as much programming in Ames schools. Allocated funds for Mentoring were exhausted in January, and Mentoring meet the City Council's ASSET priority of youth development. Staff is recommending a transfer of $16,000 from Youth Employment to Mentoring and a transfer of $22,000 from Youth Development to Mentoring given the updated balance as of 5/23/24. Service Original Allocation Change requested Staff Recommendation Revised Allocation with Staff Recommendation Youth Employment $21,978 - $17,000 -$16,000 $5,978 Youth Development $36,437 - $22,000 -$22,000 $14,437 Mentoring $40,000 + $39,000 +$38,000 $78,000 TOTAL $98,415 $0 $0 $98,415 If the request to transfer funds to Service Coordination, TLP, and Mentoring is approved, the unit rates of all programs will remain unchanged. The number of units purchased will increase for Service Coordination, TLP, and Mentoring, and will decrease for Rosedale Shelter, Substance Abuse/Co-Occurring Treatment, Youth Employment, and Youth Development. YSS has made similar requests to transfer City funds in the past, and approval of the request will allow YSS to draw down either anticipated units or already-provided units which have not been paid because City funds were exhausted for Service Coordination, TLP, and Mentoring. ALTERNATIVES: 1. Approve the request to modify the City's FY 2023/24 ASSET contract with YSS by reallocating a total of $59,000 as follows: $14,000 from Rosedale Shelter to Service Coordination; $7,000 from Substance Abuse/Co-Occurring Treatment to Transitional Living Program (TLP); $16,000 from Youth Employment to Mentoring; and $22,000 from Youth Development to Mentoring. 2. Do not approve the request. CITY MANAGER'S RECOMMENDED ACTION: The reallocation of City funds will provide support to services meeting the City Council's ASSET priorities with no additional cost. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): YSS ASSET Reallocation Request - City of Ames.docx 39 May 2, 2024 Pa Goldbeck Assistant City Manager City of Ames 515 Clark Avenue Ames,IA 50010 Pa, We have reviewed the City of Ames ASSET funded programs that have funds remaining to be drawn down in the FY 2023/24 contract. We would like to request a reallocation of our remaining funds in the following programs: 1.$14,000 from 2.08 Rosedale Shelter to 3.13 Service Coordination –YSS has had a decrease in Ames youth coming in to shelter without funding, so we have been unable to use the Rosedale City of Ames ASSET dollars. We are requesting funds be moved to 3.13 Service Coordination whose funds were expended earlier this year. 2.$8,500 from 3.16 Substance Abuse/Co-Occurring Treatment to 2.07 TLP –YSS has been unable to draw down all the City of Ames dollars from 3.16 Substance Abuse/Co-Occurring due to a decrease in Ames clients without funding. We have;however, used up all the 2.07 TLP dollars earlier this year and have been unable to bill additional units because of that. 3.$17,000 from 1.08 Youth Employment to 1.07 Mentoring –YSS has been unable to draw down all the City of Ames dollars from 1.08 Youth Employment due to not being able to provide as much programming in Ames schools; however, we have used up all the 1.07 Mentoring dollars earlier this year and have been unable to bill additional units because of that. 4.$22,000 from 1.07 Youth Development to 1.07 Mentoring -YSS has been unable to draw down all the City of Ames dollars from 1.07 Youth Development due to not being able to provide as much programming in Ames schools; however, we have used up all the 1.07 Mentoring dollars earlier this year and have been unable to bill additional units because of that. Please let me know if you have additional questions. Thank you, Katie Ranney YSS 40 YSS HEADQUARTERS 420 Kellogg Avenue, Ames, IA 50010 P:515-233-3141 F:515-233-2440 A COMMUNITY-BASED ORGANIZATION SERVING YOUTH AND FAMILIESSINCE 1976 41 To:Mayor & City Council From:Steven L. Schainker Date:May 24, 2024 Subject:Juneteenth Celebration Item No. 13 MEMO The City has received a request from Vern Hawkins, President of the Ames Branch of the NAACP, for a $1,000 contribution for the 2024 Juneteenth event scheduled for June 15th at Bandshell Park. This request was discussed during Disposition of Communications to Council at a Special City Council meeting on May 23, 2024. A donation to the Juneteenth event reinforces Council's commitment to a diverse, equitable and inclusive community. If the City Council decides to support this event, the $1,000 can be funded from the Council Contingency Account. ATTACHMENT(S): 2024 Ames Story County Juneteenth Sponsor Request- City of Ames 5-8-24.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 42 #4120 – P.O. Box 529 Ames, Iowa 50010 2024 Ames/Story County Juneteenth Celebration Saturday, June 15th May 8, 2024 Ames Mayor and City Council Attention: Steve Schainker, City Manager PO Box 811 Ames, IA 50010 Greetings Mr. Schainker, First and foremost, we again want to thank the City of Ames for its sponsorship of the 2nd Ames/Story County Juneteenth Celebration Event. Because of your support, not only were we provided free food, games, and entertainment to over 200 attendees and allowed over 25 vendors to showcase their products and/or programs by providing free tables and chairs. But the event's highlight was the live performance of the play “On Golden Wings,” the story of James Herman Banning, and the ribbon cutting of the James Herman Banning Municipal Airport right here in Ames. We are in the midst of planning our 3rd Annual Ames/Story County Juneteenth Celebration. Below are some of the highlights: • Saturday, June 15th, will be our Juneteenth Celebration at Bandshell Park, from 12:30 p.m. until 5:00 p.m. We are planning again to provide free food, games, and entertainment, and we are soliciting more organizations and vendors to showcase their products and programs. • Saturday, June 15th, our Movie Night at Ames City Hall Auditorium will start at 7:00 p.m. (go to amespubliclibrary.org to check out the exciting movie title!). One of the major impacts of our 2nd Ames/Story County Juneteenth event was the feedback from several individuals and families that they could not believe that food was free and that this was their meal for the day. Again, we are excited to have the opportunity to have this type of impact on the needs of citizens in our community, in addition to other fun activities being planned. We know that the City of Ames not only embraces diversity and inclusion but also in helping to address food insecurities by promoting events that foster that philosophy. Attached are the 2024 Sponsorship Levels with Benefits. Therefore, we hope we can again count on your sponsorship of a minimum of $1,000 for this year’s event so that we can continue to foster community participation and engagement in this nationally celebrated holiday. We want to thank the City of Ames in advance for your consideration of this partnership and sponsorship opportunity. Checks can be made payable to the Ames Branch of the NAACP, Unit #4120, and sent to PO Box 529, Ames, IA 50010. I look forward to hearing from you soon. For event updates, visit our website at www.amesianaacp.org. If you have questions, need additional information or an invoice, and would like a table at the event, please contact Vanessa Baker-Latimer at juneteenth4amesstory@gmail.com. Kindest Regards, Vern Hawkins, President Ames NAACP Branch 43 2024 Sponsorship Levels and Benefits Freedom Sponsor: $1,000 • Logo on Banner displayed at the event. • Logo on Website and all social media platforms • 3-minute greeting at the beginning of the event • 2 verbal recognitions during the event Liberty Sponsor: $500 • Logo on Banner displayed at the event. • Logo on Website and all social media platforms • One verbal recognition during the event Unity Sponsor: $250-$400 • Logo on Banner displayed at the event. 44 ITEM #:14 DATE:05-28-24 DEPT:PW SUBJECT:FY 2023/24 AIRPORT IMPROVEMENT PROGRAM (WILDLIFE FENCE PROJECT) PROFESSIONAL SERVICE AGREEMENT COUNCIL ACTION FORM BACKGROUND: The FY 2023/24 Airport Improvements Program includes work to design and install a barrier fence of sufficient height to limit animal crossings at James Herman Banning Ames Municipal Airport. In August 2023, City staff conducted a qualifications-based selection following federal requirements for a Master Agreement to develop plans and specifications for this and other upcoming airport projects. One submittal was received from Bolton & Menk of Ames, Iowa, and was determined to be qualified and approved by the Federal Aviation Administration (FAA). FAA does not require City Council approval of the Master Agreement, because it only establishes consultant eligibility and does not obligate any City or Federal funds. Each project is conducted under a separate work order approved by the City Council and FAA. Therefore, the FY 2023/24 Airport Improvements Program (Wildlife Fence Project) is the next project ready for design, as detailed in the attached draft agreement. On November 14, 2023, the City Council approved a professional services agreement (PSA) with Bolton & Menk, that conducted the preliminary design and all work necessary to perform the National Environmental Policy Act (NEPA) review. Now that the City has completed that step, the FAA has approved moving forward with the final design and construction of the wildlife fence. The negotiated professional service fees for final design, bidding, and construction administration are $307,600, and will be funded with a 90% FAA/10% City split. To ensure appropriateness, the FAA requires a review of Bolton & Menk's proposed scope of work and fee schedule by an independent professional engineer. This has been completed and accepted by the FAA. A detailed construction cost summary will be provided during the report of bids phase of the project. The FAA awards construction grants based on the actual low bid received. Any potential construction contract is contingent on the receipt of FAA grants and the availability of local matching funds for those federal dollars. This project is currently budgeted with $1,962,000 FAA funding and $218,000 from the Airport Construction Fund. ALTERNATIVES: 1. Approve the professional services agreement for the final design and construction administration for the FY 2023/24 Airport Improvement Program (Wildlife Fence Project) with Bolton & Menk of Ames, Iowa, in the amount not to exceed $307,600. 2. Do not approve the professional services agreement with Bolton & Menk and direct staff to explore other alternatives for this project. CITY MANAGER'S RECOMMENDED ACTION: 45 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-Wildlife Fence Design and Construction Work Order 5 - Annotated per FAA Comments FINAL v2.pdf 46 H:\AMES\0T5132070\0_Wildlife Fencing Project\A_Project Management\2_Contracts\Contract\Design and Construction\Final Scope of Work\Ames-Wildlife Fence Design and Construction Work Order 5 - Annotated per FAA Comments FINAL v2.docx Page 1 WORK ORDER #5 TO PROFESSIONAL SERVICES CONTRACT (DESIGN, BIDDING, CONSTRUCTION AND GRANT ADMINISTRATION SERVICES) WILDLIFE PERIMETER FENCE AMES MUNICIPAL AIRPORT AMES, IOWA BETWEEN: The City of Ames An Iowa municipal corporation (CLIENT/SPONSOR) AND: Bolton & Menk, Inc. (CONSULTANT) EFFECTIVE DATE: May _________, 2024 RECITALS 1. The City of Ames owns and operates the Ames Municipal Airport located near Ames, Iowa. 2. This is Work Order #5 to the Professional Services Contract, between City of Ames and Bolton & Menk, Inc. The Professional Services Contract effective September 6, 2023 is referred to herein as the “Master Agreement.” AGREEMENT DESCRIPTION The CONSULTANT agrees to provide Design, Bidding, Construction and Grant Administration Services for the Wildlife Perimiter Fence at the Ames Municipal Airport (herein referred to as the Project). 47 Ames Municipal Airport Work Order #5 BMI Project No. 0T5.132070 H:\AMES\0T5132070\0_Wildlife Fencing Project\A_Project Management\2_Contracts\Contract\Design and Construction\Final Scope of Work\Ames-Wildlife Fence Design and Construction Work Order 5 - Annotated per FAA Comments FINAL v2.docx Page 2 PROJECT UNDERSTANDING A Wildlife Hazard Assessment (WHA) was recently completed by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services Division. The WHA recommends that perimeter wildlife fence be installed to prevent issues with wildlife within the Aircraft Operations Area (AOA). Recently there have also been issues with neighbors entering the AOA and installation of a tall fence would reduce unwanted access into the AOA. This project consists of construction of a wildlife fence to prevent wildlife, particularly deer, from accessing the airport operations area. The project scope consists of the following major items: 1. Construction of approximately 30,000 LF of wildlife exclusion fencing as shown In the attached Exhibit II - Proposed Project Limits. The proposed fence is anticipated to be 10-foot height with barbed wire along the top of the fence. A fencing skirt will be installed along the fence route to prevent wildlife from burrowing under the fence. In areas where the height of a 10-foot fence may have an impact to the AOA or the Automated Weather Observation Station, an 8-foot fence with barbed wire along the top of the fence may be utilized. In areas around the terminal, an 8- foot-tall fence or 10-foot fence without barb wire and fencing skirt will be installed. In more remote areas of the airport, wire fabric fence may be considered in lieu of chain link fabric. 2. There are anticipated to be approximately two (2) automated gates, eight (8) manual gates and three (3) pedestrian gates. 3. Fencing will be offset from property line, where applicable, to allow for maintenance by airport personnel. 4. Culvert near Riverside Drive and Airport Road will contain provisions to prevent deer from entering the AOA through the culvert, if recommended by Wildlife Hazard Assessment (WHA). Provisions will be coordinated with the WHA preparer. 5. Culverts will be installed to cross the waterway near the MALSR . Culvert will be equipped with trash guard to prevent deer from entering AOA. Provisions will be coordinated with the WHA preparer. 6. Coordinate recommendations of above construction with the preparer of the WHA and have a supplemental memo prepared to clarify recommendations of the WHA. 48 Ames Municipal Airport Work Order #5 BMI Project No. 0T5.132070 H:\AMES\0T5132070\0_Wildlife Fencing Project\A_Project Management\2_Contracts\Contract\Design and Construction\Final Scope of Work\Ames-Wildlife Fence Design and Construction Work Order 5 - Annotated per FAA Comments FINAL v2.docx Page 3 I.A. BASIC SERVICES For purposes of this Work Order, the Basic Services to be provided by the CONSULTANT are as follows: 1. DESIGN & BIDDING SERVICES 1.1. Project Scoping Consultant shall confer with the Sponsor on, and ascertain, project requirements, finances, schedules, and other pertinent matters and shall meet with FAA if needed and other concerned agencies and parties on matters affecting the project and shall arrive at a mutual understanding of such matters with the Sponsor. It is anticipated that there will be a maximum of one (1) meeting with the Sponsor and/or the FAA, to review project eligibility and project limits. The consultant will prepare and distribute meeting minutes to all attendees. 1.2. Project Meetings and Coordination with Sponsor, FAA, etc. Consultant shall coordinate with the subconsultants, sponsor, FAA, and other applicable agencies to complete the work. 1.2.1. The task includes one meeting at the Airport, attended by the Project Manager. The Consultant will prepare for and conduct up to two (2) meetings at the Airport Sponsor to present the findings of the design phase and any alternatives and recommendations for the project. The result of the meeting(s) will be an agreed upon project design parameters to proceed forward with final construction documents. 1.2.2. Coordination with FAA, Local agencies, subconsultants, etc. The Consultant shall coordinate the project parameters and criteria with the project stakeholders including the FAA, Sponsor, and Project Manager. 1.2.3. This task includes one progress meeting per week will be held, one-hour in duration, with all design team members through the duration of the design phase. 1.2.4. The consultant will prepare and distribute meeting minutes to all attendees. 1.3. Topographical Surveying 1.3.1. Coordination to collect existing data and locate utilities. This task includes data collection, as-built plan set review, and research of available existing survey information to gather information on existing topography and utilities. This also includes coordination for field utility locates with the Sponsor, FAA, and IDOT. 1.3.2. Survey control. Survey control will be established and used for design surveys. The Consultant will provide a drawing showing the location of the existing or established control for the project and perform necessary bench loop and traverse procedures to verify accuracy of vertical and horizontal control points. One trip will be required for a two-person survey crew to establish survey control for the project. 1.3.3. Field work. Survey work will include visible utilities in the fencing corridor; pavement edges, and intermediate shots; ground shots; drainage structures; and above ground physical features. It is anticipated that the fieldwork will require five trips to the airport by a two-person survey crew. 49 Ames Municipal Airport Work Order #5 BMI Project No. 0T5.132070 H:\AMES\0T5132070\0_Wildlife Fencing Project\A_Project Management\2_Contracts\Contract\Design and Construction\Final Scope of Work\Ames-Wildlife Fence Design and Construction Work Order 5 - Annotated per FAA Comments FINAL v2.docx Page 4 1.3.4. Convert survey data for design software. This work includes analyzing the topographical surveying data and preparing the data for use with computer modeling. Included are the following separate tasks: o Establish design coordinate plan with Sponsor/State to be used for CADD drawings o Input raw survey data into the computer program to sort data into company standard layers for efficient analyzing o Verify survey data from previous project with latest field survey o Sort all data points by layers and description for computer modeling o Verify surveyor horizontal and vertical control o Prepare digital terrain model (DTM) of existing ground contours, pavement edges, drainage features, buildings, fences, and other miscellaneous entities o Generate a three-dimensional contour model from the DTM. 1.3.5. Limits of Topographic are generally within 50’ either side of the proposed alignment shown in Exhibit II - Proposed Project Limits. 1.4. Boundary Survey 1.4.1. Research existing boundary information available from recorded deeds at the Story County Iowa Court House. 1.4.2. Search for existing property corners. 1.4.3. Evaluate found property corners based on field evidence and recorded information obtained from deeds. 1.4.4. Prepare a retracement plat of survey and record survey with Story County Iowa recorder. 1.5. Geotechnical Investigation (Not Required for this Project) 1.6. Project Layout Sheet The consultant shall complete a project layout sheet that will depict the proposed improvements. 1.7. FAA Pavement Design Report and Form 5100 (Not Required for this Project) 1.8. Construction Safety and Phasing Plan (CSPP) Consultant will complete FAA Form 7460-1 and the Construction Safety and Phasing Plan (CSPP), for FAA’s Obstruction Evaluation / Airport Airspace Analysis (OE/AAA) website portal. A draft of the CSPP will be submitted with the 90% submittal. Any comments, if any, received at the time of the 90% submittal will be incorporated into the CSPP to become the final CSPP. FAA will upload the data to the OE/AAE website. The 7460 form and CSPP will be prepared according to current FAA Guidelines. 50 Ames Municipal Airport Work Order #5 BMI Project No. 0T5.132070 H:\AMES\0T5132070\0_Wildlife Fencing Project\A_Project Management\2_Contracts\Contract\Design and Construction\Final Scope of Work\Ames-Wildlife Fence Design and Construction Work Order 5 - Annotated per FAA Comments FINAL v2.docx Page 5 1.9. Modification of Airport Design Standards As needed, the Consultant will prepare a Request for Modification of Federal Construction Standards if found to be necessary for the project. The Mod to Standards will discuss modifications required under the Bid Packages. The Mod to Standards will be submitted to the Sponsor for acceptance. This document will be forwarded to the FAA for approval along with final plans, contract documents and specifications. 1.10. Prepare Preliminary Plans, Specifications, Cost Estimate, and Project Budget Preliminary plans will be prepared for the Project. The plan sheets will be limited to those sheets necessary to carry out the construction of the proposed project: Wildlife Perimiter Fence. The following list of drawings will be used as a guideline. Potential plans sheets listed below may be combined with other plan sheets necessary to complete the project design. In addition, additional drawings may be added during the design phase, if required. This list of potential plan sheets is not meant to be an actual page count but represent potential sheets or design considerations estimated at the time of the establishment of this work order. Actual plan sheet count will vary. General: Title Sheet Legend Sheet General Notes Survey Control and Layout Plan Typical Sections & Details Sheet Quantities & Estimate Reference Information Construction Safety & Phasing Plan Civil: Erosion Control Plan Demolition Plans Existing Conditions Plan Site Plan near Gate Installation Typical Sections Storm Sewer Plan and/or Plan and Profile Storm Sewer Details Electrical: Electrical Site Plan Electrical Details 1.10.1. Prepare Preliminary Specifications The Consultant will assemble the technical specifications necessary for the intended work. Standard FAA specifications will be utilized where possible. Additional specifications will be prepared to address work items or materials that are not covered by the FAA specifications. 51 Ames Municipal Airport Work Order #5 BMI Project No. 0T5.132070 H:\AMES\0T5132070\0_Wildlife Fencing Project\A_Project Management\2_Contracts\Contract\Design and Construction\Final Scope of Work\Ames-Wildlife Fence Design and Construction Work Order 5 - Annotated per FAA Comments FINAL v2.docx Page 6 1.10.2. Prepare preliminary technical specifications This work includes the preparation of standard and supplemental specifications, necessary to establish the construction requirements of the project. Standard specifications will be assembled and reviewed for relevancy to the project. In addition, supplement specifications will be included, where deemed necessary. 1.10.3. Prepare preliminary contract documents The Consultant will prepare the preliminary contract documents including invitation for bids, instruction to bidders, proposal, equal employment opportunity clauses, construction contract agreement, performance bond, payment bond, Federal Requirements, Preliminary Bid Schedule, Wage Rates, and general provisions. Preparation will include establishing the location for the bid opening, dates for advertisement, and description of the work schedule. Preliminary contract documents will be prepared as early as possible during the design phase and submitted to the Owner for review by the Owner. Also review and incorporate the Sponsor’s general provisions and contract clauses, as required. 1.10.4. Prepare preliminary special provisions The Consultant will prepare Special Provisions to address, or expand on, conditions that require additional clarification. 1.10.5. 30% Review Set The Engineer will submit a set of 30% drawings, engineers report to the Sponsor for their review. The project will be reviewed with the FAA to obtain their concurrence with the 30% preliminary design. The following plan sheets are anticipated to be submitted as part of the 30% review set: o Title Sheet o Survey Control and Layout Plan o Construction Safety & Phasing Plan o Project Layout Sheet o Existing Conditions and Demolitions Plan The following sections of the engineer’s report are anticipated to be submitted as part of the 30% review: o General Scope of Project o Existing Conditions a. Photographs that depict the existing site b. Past As-builts o Utilities in the Work Area o Listing of applicable design standards a. FAA AC b. Critical Design Standards c. Geometric Values o Drainage Design 52 Ames Municipal Airport Work Order #5 BMI Project No. 0T5.132070 H:\AMES\0T5132070\0_Wildlife Fencing Project\A_Project Management\2_Contracts\Contract\Design and Construction\Final Scope of Work\Ames-Wildlife Fence Design and Construction Work Order 5 - Annotated per FAA Comments FINAL v2.docx Page 7 o Environmental Considerations o Fencing o Miscellaneous Work Items o Delineation of Non-Participating AIP Work o Construction Safety and Phasing o Project Schedule o Engineer’s Opinion of Probably Construction Cost o Project Budget including Federal and Local shares o DBE Participation 1.10.6. 90% Review Set Following the completion of the 30% review plans, engineers report and specifications, the Engineer will submit a set of 90% drawings (Task 1.10), engineers report and specifications (Task 1.10.1 through 1.10.4) to the Sponsor for their review. Engineers report will follow the FAA Central Region Sponsor guide, Section 920. The project will be reviewed with the FAA to obtain their concurrence with the 90% preliminary design. 1.10.7. Prepare Preliminary Cost Estimate Calculate estimated preliminary quantities for the various work items. Quantities will be consistent with the specifications and acceptable quantity calculation practices. The consultant will then use recent bid prices and industry standards to prepare a preliminary cost estimate. 1.11. Prepare Final Plans, Specifications, Cost Estimate, and Project Budget 1.11.1. A final set of plans, specifications and contract documents will be prepared which incorporates revisions, modifications and corrections determined during the Sponsor’s review of the 90% submittal. 1.11.2. Prepare Final Cost Estimate Using the final quantities calculated following the completion of the plans and specifications, the Consultant will prepare the construction cost estimate. The estimate will be based on information obtained from previous projects, contractors, material suppliers, and other databases available. 1.12. Prepare Disadvantaged Business Plan (DBE) (Not Required for this Project) DBE Plan is not required as the current three-year DBE plan and goals covers FY 2022 through FY 2024 projects. 53 Ames Municipal Airport Work Order #5 BMI Project No. 0T5.132070 H:\AMES\0T5132070\0_Wildlife Fencing Project\A_Project Management\2_Contracts\Contract\Design and Construction\Final Scope of Work\Ames-Wildlife Fence Design and Construction Work Order 5 - Annotated per FAA Comments FINAL v2.docx Page 8 1.13. Prepare Advertisement for Bids and Bid Documents Consultant shall prepare, reproduce, and distribute up to a total of 10 sets of bidding documents for the project. Consultant will submit a copy to the Sponsor for distribution to the local and selected publications of the pending project. The Sponsor shall pay for the associated cost of advertising. In addition, electronic copies of the bid documents will be made available for download through the Quest Construction Document Network website (QuestCDN). The consultant will also keep a current list of plan holders and distribute this to interested parties upon request. This task includes coordination required to facilitate these requests. 1.14. Respond to Bidders Questions During the bidding process, the Consultant will be available to clarify bidding issues with contractors and suppliers, and for consultation with the various entities associated with the project. This item also includes contacting bidders to generate interest in the project. 1.15. Prepare and Distribute Addendums Consultant shall issue addenda as appropriate to interpret, clarify, or change the bidding documents as required by the Sponsor or the FAA. Addenda will be made available to the plan holders either through mail, electronic mail, hand delivery or via facsimile transmission. Any addenda that are generated as a sole result of the Sponsors error or omission will be considered as extra services and the Consultant shall be reimbursed for this effort as an amendment to this contract. 1.16. Bid Opening The Consultant will attend the bid opening. 1.17. Bid Review and Bid Tabulation Consultant shall advise City of Ames as to the acceptability of any subcontractors, suppliers, and other persons and organizations proposed by the bidders and as to the acceptability of substitute materials and equipment proposed by bidders. Bid documents will be verified to review that the Contractor has met DBE goals (or made valid good faith effort). The Consultant shall prepare a spreadsheet that includes all bid items for the purpose of evaluating the lowest bidder. The Consultant shall input the as-bid unit prices into the spreadsheet and verify mathematical computations of the bids. The Consultant will then provide recommendations to the Sponsor as to the name of the Apparent Low Bidder. 1.18. Prepare Recommendation for Award The Consultant will prepare a recommendation of award for the Sponsor to accept or reject the bids as submitted. If rejection is recommended, the Consultant will supply an explanation for their recommendation and possible alternative actions the Sponsor can pursue to complete the project. Once the Contract Award is made the Consultant will distribute the bid tabulations on request of the Sponsor. 54 Ames Municipal Airport Work Order #5 BMI Project No. 0T5.132070 H:\AMES\0T5132070\0_Wildlife Fencing Project\A_Project Management\2_Contracts\Contract\Design and Construction\Final Scope of Work\Ames-Wildlife Fence Design and Construction Work Order 5 - Annotated per FAA Comments FINAL v2.docx Page 9 1.19. Prepare Grant Application The Application may be prepared after the project design has been completed and the bids accepted or the FAA may require the Application to be completed early during the design phase. Preparation of the Application will include the following: o SF-424 o Prepare FAA Form 5100-100 including Program Narrative, discussing the Purpose and Need of the Work and the Method of Accomplishment o Sponsor Certification (total of six) The Consultant will submit the Application to the Sponsor for approval and signatures. After obtaining the necessary signatures, the Sponsor will forward the signed Application to the FAA for further processing. 1.20. Environmental Review, CATEX (Not Required for this Project) Prior to beginning design work, a documented CATEX was prepared and submitted to FAA. The FAA determined the proposed project is environmentally Categorically Excluded (CATEX) per paragraph(s) 5-6.4.f of FAA Order 1050.1F as it relates to the National Environmental Policy Act (NEPA). No further environmental documentation for this project is needed. 55 Ames Municipal Airport Work Order #5 BMI Project No. 0T5.132070 H:\AMES\0T5132070\0_Wildlife Fencing Project\A_Project Management\2_Contracts\Contract\Design and Construction\Final Scope of Work\Ames-Wildlife Fence Design and Construction Work Order 5 - Annotated per FAA Comments FINAL v2.docx Page 10 2. CONSTRUCTION ADMINISTRATION 2.1. Pre-Construction Meeting Consultant will arrange for and conduct the pre-construction meeting. The Project Manager and the Resident Engineer will establish this meeting to review Local, Federal Aviation Administration (FAA) and project specific requirements prior to commencing construction. The meeting will be conducted at the Airport and will include the Sponsor/Owner, IDOT (if available), Subconsultants, FAA ADO (if available), Contractor, Subcontractors, and utility companies. This task will include: o Scheduling the meeting, sending invitations, providing meeting materials and pre- meeting exhibit and material preparation. o Obtain and review the project construction schedules from the contractor or contractors prior to presentation at the preconstruction meeting. The Owner should be provided with copies of all construction schedules. o Prior to preconstruction meeting, furnish the name of the Project Engineer with qualifications for approval by the Owner. Project Engineer means Engineer as defined in Section 10 (Section 10-18) of the General Provisions of the construction documents. o Preside at the preconstruction meeting, prepare a detailed record of the meeting. Meeting minutes will be submitted to the Owner and all participants. o Provide Contractor with a list of required submittals to be provided by Contractor and discussed at the meeting. o Provide the Contractor with additional copies of Construction Documents and digital data (Project Drawings) as requested. 2.2. Initial Construction Survey Control Layout The consultant will perform initial survey work to establish construction field control for the project. This will include establishment of horizontal and vertical control for construction staking (by contractor) as per the Project Manual. 2.3. Prepare Construction Management Plan (CMP) (Not Required for this Project) Since the paving is not expected to exceed $500,000, preparation and submission of a CMP is not required. 2.4. Prepare Contract Manuals The Consultant is required to check that the construction contracts are in order, Contractor has provided proof of insurance, the bonds have been completed, and the Owner, Contractor and applicable Agencies has been provided with adequate copies of the executed Contract Manual to include the Agreement and all addenda. The Contract Documents will be updated to include all addenda items issued during bidding as necessary and adequate copies provided to the Contractor. Clerical will prepare the quantity sheets, field book, testing sheets, construction report format, etc. for use by the RPR. 56 Ames Municipal Airport Work Order #5 BMI Project No. 0T5.132070 H:\AMES\0T5132070\0_Wildlife Fencing Project\A_Project Management\2_Contracts\Contract\Design and Construction\Final Scope of Work\Ames-Wildlife Fence Design and Construction Work Order 5 - Annotated per FAA Comments FINAL v2.docx Page 11 2.5. Construction Management Services The Consultant will provide Construction Administration Services the scope of which is based on the following: o The Consultant and Client agree that construction engineering services furnished shall be to the extent necessary to determine compliance with plans and specifications, including necessary general supervision of Resident Project Representative Services authorized by the Client. o The Consultant and Client agree that the Construction Engineering Services provided by the Consultant may be required to continue and exceed beyond the construction time element stated in the Client’s agreement with the construction Contractor. When the extent of these construction services beyond the control of the Consultant occurs, the Client agrees that Consultant will be reimbursed for additional Construction Engineering Services in excess of the specified construction time period at a mutually acceptable fee negotiated at the time all the pertinent circumstances are known. o Nothing herein shall be construed as imposing upon the Consultant’s responsibility for the construction means, methods, techniques, sequences, safety programs, and procedures used by contractors. o The Consultant agrees that Resident Project Representative services furnished under this Contract shall be to observe the work and to determine compliance with the plans and specifications, including representing the Client in coordination of construction activities among contractors and between contractors and utilities, and to accommodate the reasonable requirements of the Client on and around areas of construction. o When the Consultant is on the site, documentation will be maintained regarding construction progress and delays, quantities and percentages of work, tests performed, observations made and work accepted, problems encountered and instructions given to contractors, field changes and adjustments approved, and other records required or otherwise necessary to maintain a record of the work. 57 Ames Municipal Airport Work Order #5 BMI Project No. 0T5.132070 H:\AMES\0T5132070\0_Wildlife Fencing Project\A_Project Management\2_Contracts\Contract\Design and Construction\Final Scope of Work\Ames-Wildlife Fence Design and Construction Work Order 5 - Annotated per FAA Comments FINAL v2.docx Page 12 The Consultant agrees to provide Construction Administration Services that include the following: 2.5.1. Check and monitor construction activities and certify that all project work completed under observation of the Resident Project Representative is in substantial compliance with the plans, specifications and contract documents including any modifications by Change Order or otherwise, that all required tests were performed, and that such work is recommended for acceptance. 2.5.2. Provide interpretation of plans and specifications as requested. 2.5.3. Supervise and coordinate Subconsultant contracts for field observation and testing. 2.5.4. Review shop drawings and certificates submitted by contractors for compliance with design concepts, as required by the applicable sections of the technical specifications. In addition, submittals will be checked for Buy American compliance. 2.5.5. Review all periodic and final pay requests and explanation of variation between Contract and final quantities prepared by Resident Project Representative. Coordinate Contractor approval and signature and submit to Client for approval. 2.5.6. Review weekly Construction Progress and Inspection Reports (FAA Form 5370-1) as prepared by Resident Project Representative and submit to Owner and applicable Agencies. Reports will include a several photos of construction activities for the week. These reports shall begin the week the Contractor is on- site through the week the final inspection occurs. Reports will be submitted weekly to the FAA via PDF. 2.5.7. Prepare, review and process Field Orders, Change Orders to include a cost estimate, cost/price analysis, record of negotiations, review, and evaluation of “Contractor’s Request for Extension of Contract Time” and make recommendations regarding approval to the Client. Notify the Contractor that no work can start until approved by the Client. 2.5.8. Coordinate on-site inspections of construction as requested. Make recommendations for acceptance or modification of work 2.5.9. Monitor that all testing required by the specifications is performed. Review and approve all materials reports prepared by the Resident Project Representative and/or Subconsultants. 2.5.10. Maintain record drawings from redline or working drawings prepared by Resident Project Representative as accumulated during the course of construction to show “Record Drawing” conditions. 2.5.11. Retain and review payroll reports of each contractor and subcontractor and monitor Contractor’s compliance with paying employees as per established Federal Davis Bacon requirements. 58 Ames Municipal Airport Work Order #5 BMI Project No. 0T5.132070 H:\AMES\0T5132070\0_Wildlife Fencing Project\A_Project Management\2_Contracts\Contract\Design and Construction\Final Scope of Work\Ames-Wildlife Fence Design and Construction Work Order 5 - Annotated per FAA Comments FINAL v2.docx Page 13 2.5.12. Monitor Contractor’s compliance with Disadvantaged Business Enterprise (DBE) program (i.e. determine that the firms on the job are as stated in the plan. Determine that the volume of work and equipment used complies with the plan.) Report deviations to the Sponsor. 2.6. Resident Project Representative (RPR) The Client as part of this agreement authorizes Resident Engineering Services and the Consultant agrees to provide a Resident Project Representative, materials acceptance testing, and staking services in the execution of the Construction Engineering Services for the project work. The Client and Consultant agree that the Consultant may employ the Resident Project Representative on other work during periods of temporary job shutdown when such services are not required by this project. Normally, the Resident Project Representative will give intermittent part-time service on this project when construction is in progress to include temporary interruptions due to weather or mechanical failure. For this Project Part-Time Resident Project Representative services will be provided. It is anticipated the Project will be completed within 60 Working Days. This will include up to six (6) field visits by the Project Manager and a maximum of Six Hundred (600) construction observation hours by the RPR. The anticipated contract time will be confirmed at the 90% plans. If the anticipated contract time, noted in the Work Order need modification from the amount in the construction contract, then an Amendment will be done at a later date. If additional construction observation time beyond the maximum estimated number of hours is needed during actual construction of the project, then these additional hours above and beyond will be considered as additional services and subject to additional compensation. Resident Project Representative Services shall be completed in accordance with the attached Exhibit I-1, and shall include, but are not limited to, the following: 2.6.1. Coordinate with the Testing Subconsultant to perform acceptance tests required to be provided by the Client in the construction Contract Documents. Subconsultant services will be provided by Construction Materials Testing. 2.6.2. Coordinate with Contractor regarding schedule, work progress, quality of work, and notify contractor of equipment and methods which do not comply with the Contract requirements. The Resident Project Representative shall notify the Client in the event that the Contractor elects to continue the use of questioned equipment and methods. Conduct wage rate interviews and provide to Project Engineer. 2.6.3. Maintain daily records of the Contractor’s progress and activities during construction, to include progress of all work. These records document work in progress, quality and quantity of materials delivered, test locations and results, instructions provided the Contractor, weather, equipment use, labor requirements, safety problems, and changes required. 2.6.4. Evaluate and discuss potential Field Orders and Change Orders with the Contractor, as necessary. 2.6.5. Evaluate material substitutions as requested by the Contractor. 59 Ames Municipal Airport Work Order #5 BMI Project No. 0T5.132070 H:\AMES\0T5132070\0_Wildlife Fencing Project\A_Project Management\2_Contracts\Contract\Design and Construction\Final Scope of Work\Ames-Wildlife Fence Design and Construction Work Order 5 - Annotated per FAA Comments FINAL v2.docx Page 14 2.6.6. Prepare, process, and distribute to Project Engineer weekly Construction Progress and Inspection Reports (FAA Form 5370-1). Reports will include a several photos of construction activities for the week. These reports shall begin the week the Contractor is on-site through the week the final inspection occurs. Reports will be submitted weekly to the FAA via PDF. 2.6.7. Measure and compute as-built quantities of all materials incorporated in the work and items of work completed and maintain an item record account. 2.6.8. Prepare periodic Pay Requests for review by the Project Engineer and Contractor. 2.6.9. Monitor the contractor’s compliance with airport operations to include coordination with airport manager, hangar owners and airport users, Construction Safety Phasing Plan (CSPP) and with the Contractors Safety Plan Compliance Document (SPCD). 2.6.10. Coordinate the necessary construction staking/layout schedule as needed by the Contractor. 2.6.11. Perform other services as reasonably required by the Client and as outlined in the Contract Documents. 2.7. Final Inspection and Documentation 2.7.1. Final Inspection The Consultant will schedule and conduct a final inspection with the Sponsor, Contractor, FAA representatives to determine whether the project has reached substantial completion and the work is in accordance with the plans and specifications. The Consultant will document items found to be deficient. 2.7.2. Final Punch List The Consultant will prepare a punch list correspondence including the deficient items and will forward this correspondence to the Contractor requiring correction of the items and request a schedule for completion. The Consultant will send a copy to the Sponsor and include a copy in the Grant Closeout Report. 2.7.3. Final Construction Certifications 2.7.4. Once all the punch list items have been completed to the satisfaction of the Sponsor and FAA, the Consultant will prepare a Certification of Construction Acceptance for the project. This certification will also be included in the Grant Closeout Report. Assemble documentation for the project closeout report once the project is complete. This will include gathering all construction documentation, supplemental agreements (if applicable), weekly reports, pay requests, testing result summaries, final certification documentation, and change orders in preparation for closeout. 2.8. As-Built Plans The project team will collaboratively assemble a set of as-built plans for the project. The as- built plans will include field constructed conditions included as part of this Project including any field surveying required to compute final quantities and the drawings will become record information. The Consultant shall provide Owner and FAA reproducible “Record Drawings” in digital format. 60 Ames Municipal Airport Work Order #5 BMI Project No. 0T5.132070 H:\AMES\0T5132070\0_Wildlife Fencing Project\A_Project Management\2_Contracts\Contract\Design and Construction\Final Scope of Work\Ames-Wildlife Fence Design and Construction Work Order 5 - Annotated per FAA Comments FINAL v2.docx Page 15 2.9. Prepare As-Built Airport Layout Plan Not required per FAA. 2.10. Project Closeout Prepare the closeout documentation in accordance with the AIP Sponsor Guide Section 1600. The CONSULTANT may prepare the closeout document within 90 days of final payment to the contractor. Closeout documentation shall include, but may not be limited to, the following: a. Sponsor Cover Letter b. Closeout Narrative o Work Accomplished o Project Cost and Funding Sources o Project Team o Project Milestones o Construction Photos o Final Inspection and Punch List o Contract time and Liquidated Damages o QA Testing Summary o Project Costs o DBE Summary c. Final SF-271 Form, Outlay Report and Request for Reimbursement for Construction Projects d. Final SF-425 Form, Federal Financial Report e. Final Invoice Summary f. Record Drawings This work includes preparation of the documentation, coordination with the Airport and FAA for review, and preparation of final documents for Airport approval. The CLIENT will furnish copies of all administrative costs, as well as paperwork related to previous grant reimbursement (drawdown) requests. 61 Ames Municipal Airport Work Order #5 BMI Project No. 0T5.132070 H:\AMES\0T5132070\0_Wildlife Fencing Project\A_Project Management\2_Contracts\Contract\Design and Construction\Final Scope of Work\Ames-Wildlife Fence Design and Construction Work Order 5 - Annotated per FAA Comments FINAL v2.docx Page 16 I.B. ADDITIONAL SERVICES Consulting services performed other than those authorized under Section I.A. shall not be considered part of the Basic Services and may be authorized by the Sponsor as Additional Services. Additional Services consist of those services, which are not generally considered to be Basic Services; or exceed the requirements of the Basic Services; or are not definable prior to the commencement of the project; or vary depending on the technique, procedures, or schedule of the project contractor. Additional services may consist of the following: 1. Additions to the project outside of this scope. 2. Any construction surveying required for the Project. 3. Additional geotechnical investigation required for the Project. 4. Hosting a pre-bid meeting. 5. Update Airfield Signage Plans. 6. Additional Field Investigation required beyond those specified. 7. Completion of additional special studies not identified in Section I.A. 8. Periodic completion of grant reimbursement requests (i.e. Credit Applications). 9. Attendance of additional meetings beyond those identified in the above scope. 10. All other services not specifically identified in Section I.A. I.C. CONSIDERATION The services described above in Section I.A. BASIC SERVICES shall be provided as follows: TASK 1 – DESIGN SERVICES $ 147,200.00 (lump sum) TASK 2 – CONSTRUCTION ENGINEERING $ 160,400.00 (hourly not to exceed) TOTAL AUTHORIZED FEE $307,600.00 Funding Layout: Estimated Federal AIP Share (90%) $ 276,840.00 Estimated Local Share (10%) $ 30,760.00 Progress payments shall be made in accordance with the fee schedule attached and Section 3 of the Master Agreement. 62 Ames Municipal Airport Work Order #5 BMI Project No. 0T5.132070 H:\AMES\0T5132070\0_Wildlife Fencing Project\A_Project Management\2_Contracts\Contract\Design and Construction\Final Scope of Work\Ames-Wildlife Fence Design and Construction Work Order 5 - Annotated per FAA Comments FINAL v2.docx Page 17 I.D. SCHEDULE The consulting services authorized under Section I.A. will be performed under the following schedule or as authorized by the CLIENT as the BASIC SERVICES proceed. TASK SERVICE DESCRIPTION DATE 1 DESIGN AND BIDDING February 2024 – June 2024 30% Submittal March 4, 2024 90% Submittal April 3, 2024 Bid Opening May 31, 2024 Grant Application On or before June 14, 2024 2 CONSTRUCTION October 2024 - December 2025 I.E. AUTHORIZATION City of Ames Bolton & Menk, Inc. By: By: John Haila Date Mayor Ronald A. Roetzel, P.E. Date Aviation Services Manager Attest: Renee Hall Date City Clerk Attachments: Exhibit I – Project Fee Breakdown Exhibit II – Proposed Project Limits Exhibit 4/25/2024 63 4/25/2024 JR/RR Sr. Eng.Proj. Man.Design Eng.Eng. Tech.Surveyor Planner Admin. 1 1.1 8 12 16 0 0 0 0 36 1.2 4 14 28 0 0 0 0 46 1.3 0 0 8 24 60 0 0 92 1.4 0 0 0 32 84 0 16 132 1.5 1.6 4 6 12 0 0 0 0 22 1.7 1.8 0 12 24 0 0 0 0 36 1.9 0 0 0 0 0 0 0 0 1.10 8 90 180 0 0 0 0 278 1.11 8 30 60 0 0 0 0 98 1.12 1.13 0 2 0 0 0 0 4 6 1.14 0 16 8 0 0 0 16 40 1.15 0 8 16 0 0 0 4 28 1.16 0 6 12 0 0 0 8 26 1.17 0 8 8 0 0 0 4 20 1.18 0 2 4 0 0 0 2 8 1.19 0 8 16 0 0 0 0 24 1.20 32 214 392 56 144 0 54 892 $70.50 $56.00 $39.00 $30.00 $45.00 $40.00 $30.00 $2,256.00 $11,984.00 $15,288.00 $1,680.00 $6,480.00 $0.00 $1,620.00 $39,308.00 $5,091.79 $27,047.89 $34,505.02 $3,791.76 $14,625.36 $0.00 $3,656.34 $88,718.16 $128,026.16 $19,203.92 $147,230.08 $0.00 $0.00 $147,230.08 $147,200.00 Sr. Eng.Proj. Man.Design Eng.Eng. Tech.Surveyor Planner Admin. 2 2.1 2 4 8 0 0 0 4 18 2.2 0 2 4 0 16 0 0 22 2.3 2.4 0 2 4 0 0 0 8 14 2.5 8 70 140 0 0 0 16 234 2.6 0 8 0 60 0 0 0 10 10 10 10 10 10 10 0 80 0 600 0 0 0 680 2.7 0 10 16 0 0 0 8 34 2.8 0 8 40 0 0 0 0 48 2.9 0 0 0 0 0 0 0 0 2.10 2 16 48 0 0 0 16 82 12 192 260 600 16 0 52 1132 $70.50 $56.00 $39.00 $30.00 $45.00 $40.00 $30.00 $846.00 $10,752.00 $10,140.00 $18,000.00 $720.00 $0.00 $1,560.00 $42,018.00 $1,909.42 $24,267.26 $22,885.98 $40,626.00 $1,625.04 $0.00 $3,520.92 $94,834.63 $136,852.63 $20,527.89 $157,380.52 $3,000.00 $3,000.00 $160,380.52 $160,400.00 $307,600.00 Resident Project Representative (RPR) Subtotal Task 2 Subtotal Labor Cost Estimated Person Hours Required Task None Direct Labor Rate Total Direct Labor Cost Overhead (225.70%) Subtotal Labor Cost Prepare Advertisement for Bids and Bid Docs Bid Review and Bid Tabulation Prepare Recommendation for Award Prepare Preliminary Plans, Specifications, Cost Estimate, and Project. Budget Prepare Final Plans, Specifications, Cost Estimate, and Project. Budget Prepare Disadvantaged Business Plan (DBE) (Not Required for this Project) Construction Safety and Phasing Plan (CSPP) Modification of Airport Design Standards Design & Bid Administration Project Scoping Topographical Survey Geotechnical Investigation (Not Required for this Project) FAA Design Report and Form 5100 (Not Required for this Project) Direct Expenses DATE: PROJECT: CLIENT: Task Description Totals PROJECT FEE ESTIMATE Task Task Description Estimated Person Hours Required Totals Environmental Review, CATEX (Not Required for this Project) City of Ames Wildlife Perimeter Fence Total Expenses Task 1 Respond to Bidders Questions Prepare and Distribute Addendums Bid Opening PREPARED BY: Project Meetings and Coordination Project Layout Sheet Prepare Grant Application Total Person Hours Total Task 1 (Fixed Lump Sum) Fixed Fee (15.00%) x Subtotal Labor Cost Construction Management Services Subtotal Task 1 ROUNDED TASK 1: Construction Administration Pre-Construction Meeting Initial Construction Survey Control Layout Prepare Construction Management Plan (CMP) (Not Required for this Project) Prepare Contract Manuals Project Closeout Number of Days Hours Per Day Total Hours Final Inspection and Documentation As-Built Plans Prepare As-Built Airport Layout Plan Overhead (225.70%) Direct Labor Rate Total Direct Labor Cost Total Person Hours Boundary Survey TOTAL PROJECT FEE Total Expenses Task 2 Fixed Fee (15.00%) x Subtotal Labor Cost Total Task 2 (Cost Plus a Fixed Fee, NTE) Direct Expenses Construction Testing ROUNDED TASK 2: H:\AMES\0T5132070\0_Wildlife Fencing Project\A_Project Management\2_Contracts\Contract\Design and Construction\Final Scope of Work\Ames-Wildlife Fence Design and Construction Work Order 5-Exhibit I - Project Fee Breakdown v2a FAA Comments.xlsx EXHIBIT I 64 X X X X X X X X X X X X X X XX X X X X X X X XX 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 XXXXXXXXX XXXXXXXXXXXXXXXXXX X X XXXXXXXXXXXX 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 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 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 X X X X X X X XX 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 XXXXXXXXX XXXXXXXXXXXXXXXXXX X X X XXXXXXXXXXX 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 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 X X X X X X X X X X X X X X X X X X X RS A RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RS A RSARSARSARSARSARSARSARSARSARSARSARSARSARSARSARSARSARSARSARSARSARO F A RO F A ROFA ROFA ROFA ROFA ROFA ROFA ROFA ROFA ROFA ROFA ROFA ROFA ROFA ROFA ROFA ROFA ROFA ROFA ROFA RO F A RO F A ROFAROFAROFAROFAROFAROFAROFAROFAROFAROFAROFAROFAROFAROFAROFAROFAROFAROFAROFAROFA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA ROFA RO F A RO F A RO F A RO F A RO F A RO F A RO F A RO F A RO F A RO F A ROFA ROFA RO F A RO F A RO F A RO F A RO F A RO F A RO F A RO F A RO F A RO F A RVZ RVZ RVZ RVZ RVZ RVZ RVZ RVZ RVZ RVZ RVZ RVZ RVZ RVZ RVZ RVZ RV Z RV Z RV Z RVZ RVZ RVZ RVZ GS CR GS CR GS CR GS C R GS CRGS CRGS CR GS C R PO F Z PO F Z POFZ PO F Z PO F Z IAOFZ IAOFZ IAOFZ IAOFZ IAOFZ IA O F Z IAOFZIAOFZIAOFZIAOFZIAOFZIAOFZ IA O F Z LO C C R LOC CRLOC CRLOC CRLOC CRLO C C R LOC CR LOC CR LOC CR LOC CR LOC CR 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 \ C A D \ C 3 D \ M I S C _ 1 3 2 0 7 0 - F e n c e R o u t i n g - R e v i s e d . d w g 2/ 1 / 2 0 2 4 1 1 : 3 3 : 0 1 A 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 1 R EXHIBIT II - PROPOSED PROJECT LIMITS PROPERTY LINE (TYP.) PRELIMINARY FENCE LINE (TYP.) DELINEATED WETLAND 500-YR FLOODPLAIN BOUNDARY (TYP.) FLOODPLAIN ZONE A BOUNDARY (TYP.) FLOODPLAIN ZONE AE BOUNDARY (TYP.) FLOODWAY BOUNDARY (TYP.) LEGEND LOCALIZER CRITICAL AREA (TYP.) END FIRE GLIDE SLOPE CRITICAL AREA (TYP.) 100' RADIUS AWOS CRITICAL AREA (TYP.) 500' RADIUS AWOS CRITICAL AREA (TYP.) STORM SEWER CULVERT EXTENSION AND ASSOCIATED FILL WORK AREA EXTEND EXISTING CULVERT AND FILL AS NECESSARY TO PROVIDE FENCING ALONG PROPERTY LINE FEETSCALE 0 400 800 HORZ. INNER APPROACH OBJECT FREE ZONE (TYP.) PRECISION APPROACH OBJECT FREE ZONE (TYP.) S RIVERS I D E D R I V E S DUFF A V E AIR P O R T R O A D 26 5 T H S T R E E T RUNWAY 01/19 RU N W A Y 1 3 / 3 1 HIG H W A Y 3 0 Access to airport owner property outside of fence/AOA Controlled Access to AOA via access system Access to AOA airport monitored (Meant for limited access or farming) #1 #2 #3 #4 #5 #6 #7 #8 #9 #10 A B C EXHIBIT II 65 Page 1 of 18 Updated May 24, 2023 F EDERAL C ONTRACT P ROVISIONS FOR A/E A GREEMENTS A LL REFER E NCES MADE HEREIN TO “C ONTRACTOR ”, “P RIME C ONTRACTOR ”, “B IDDER ”, “O FFEROR ”, AND “A PPLICANT ” SHALL PERTAIN TO THE A RCHITECT /E NGINEER (A/E). A LL REFER E NCES MADE HEREIN TO “S UBCONTRACTOR ”, “S UB ‐TIER C ONTRACTOR ” OR “LOWE R T IER C ONT RACTOR ” S HALL PERTAIN TO ANY SUBCONSULTANT UNDER CONTRACT WITH THE A/E. A LL REFER E NCES MADE HEREIN TO “S PONSOR ” AND “O WNER ” SHALL PERTAIN TO THE STATE , CITY , AIRPORT AUTHORI TY OR OT HE R PUBLIC ENTITY EXECUTING CONTRACTS WITH THE A/E. PROVISIONS APPLICABLE TO ALL CONTRACTS ACCESS TO RECORDS AND REPORTS ............................................................................................................. 3 CIVIL RIGHTS – GENERAL ............................................................................................................................... 3 CIVIL RIGHTS – TITLE VI ASSURANCES ........................................................................................................... 3 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT ................................................................................................................ 6 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) ......................................................... 6 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 .................................................................................... 6 RIGHT TO INVENTIONS .................................................................................................................................. 6 SEISMIC SAFETY ............................................................................................................................................. 7 TAX DELINQUENCY AND FELONY CONVICTIONS .......................................................................................... 7 TRADE RESTRICTION CERTIFICATION ............................................................................................................ 7 VETERAN’S PREFERENCE ............................................................................................................................... 8 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000 DISTRACTED DRIVING ................................................................................................................................... 9 EQUAL EMPLOYMENT OPPORTUNITY (EEO) ................................................................................................. 9 PROHIBITION OF SEGREGATED FACILITIES ................................................................................................. 10 TERMINATION OF CONTRACT ..................................................................................................................... 11 EXHIBIT III 66 Page 2 of 18 Updated May 24, 2023 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $25,000 DEBARMENT AND SUSPENSION .................................................................................................................. 12 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS ................................................ 13 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES ................................................................................. 14 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $150,000 CLEAN AIR AND WATER POLLUTION CONTROL .......................................................................................... 15 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $250,000 BREACH OF CONTRACT TERMS ................................................................................................................... 15 DISADVANTAGED BUSINESS ENTERPRISE ................................................................................................... 15 67 Page 3 of 18 Updated May 24, 2023 PROVISIONS APPLICABLE TO ALL CONTRACTS ACCESS TO RECORDS AND REPORTS Reference: 2 CFR § 200.334 2 CFR § 200.337 FAA Order 5100.38 The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. CIVIL RIGHTS – GENERAL Reference: 49 USC § 47123 In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. CIVIL RIGHTS – TITLE VI ASSURANCES Reference: 49 USC § 47123 FAA Order 1400.11 Title VI Solicitation Notice The Sponsor, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d‐4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award. Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non‐ discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); 68 Page 4 of 18 Updated May 24, 2023 49 CFR part 21 (Non‐discrimination in Federally‐Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal‐aid programs and projects); Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987 (PL 100‐259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal‐aid recipients, sub‐recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low‐Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low‐income populations); Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)]; Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq). Nondiscrimination Requirements / Title VI Clauses for Compliance Compliance with Nondiscrimination Requirements: During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be 69 Page 5 of 18 Updated May 24, 2023 amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non‐ discrimination provisions of this contract, the Sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 70 Page 6 of 18 Updated May 24, 2023 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Reference: 2 CFR § 200, Appendix II(K) 2 CFR § 200.216 Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115‐232 § 889(f)(1)]. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) Reference: 29 USC § 201, et seq 2 CFR § 200.430 All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part‐time workers. The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 Reference: 20 CFR Part 1910 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration. RIGHT TO INVENTIONS Reference: 2 CFR Part 200, Appendix II(F) 37 CFR Part 401 Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non‐profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR § 401.14. Contractor must include this requirement in all sub‐tier contracts involving experimental, developmental, or research work. 71 Page 7 of 18 Updated May 24, 2023 SEISMIC SAFETY Reference: 49 CFR Part 41 In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code. TAX DELINQUENCY AND FELONY CONVICTIONS Reference: Section 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117‐103) and similar provisions in subsequent appropriations acts DOT Order 4200.6 – Appropriations Act Requirements for Procurement and Non‐ Procurement Regarding Tax Delinquency and Felony Convictions The Contractor certifies: 1) It is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2) It is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. A felony conviction is a conviction within the preceding twenty four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 USC § 3559. The Contractor agrees to incorporate the above certification in all lower tier subcontracts. TRADE RESTRICTION CERTIFICATION Reference: 49 USC § 50104 49 CFR Part 30 By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror: 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and 72 Page 8 of 18 Updated May 24, 2023 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC § 1001. The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR § 30.17, no contract shall be awarded to an Offeror or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR; or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list; or 3) who incorporates in the public works project any product of a foreign country on such USTR list. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. VETERAN’S PREFERENCE Reference: 49 USC § 47112(c) In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub‐tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam‐era veterans, Persian Gulf veterans, Afghanistan‐Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC § 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. 73 Page 9 of 18 Updated May 24, 2023 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000 DISTRACTED DRIVING Reference: Executive Order 13513 DOT Order 3902.10 In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub‐tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project. EQUAL EMPLOYMENT OPPORTUNITY (EEO) Reference: 2 CFR Part 200, Appendix II(C) 41 CFR § 60‐1.4 41 CFR § 60‐4.3 Executive Order 11246 Equal Opportunity Clause During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in 74 Page 10 of 18 Updated May 24, 2023 response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representative of the Contractor’s commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. PROHIBITION OF SEGREGATED FACILITIES Reference: 2 CFR Part 200, Appendix II(C) 41 CFR Part 60‐1 (a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact 75 Page 11 of 18 Updated May 24, 2023 segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single‐user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract. TERMINATION OF CONTRACT Reference: 2 CFR Part 200, Appendix II(B) FAA Advisory Circular 150/5370‐10, Section 80‐09 Termination for Convenience (Professional Services) The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Owner, the Contractor must immediately discontinue all services affected. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non‐performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. Termination for Cause (Professional Services) Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach. The terminating party must provide the breaching party seven (7) days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by Owner: The Owner may terminate this Agreement for cause in whole or in part, for the failure of the Consultant to: 1. Perform the services within the time specified in this contract or by Owner approved extension; 2. Make adequate progress so as to endanger satisfactory performance of the Project; or 3. Fulfill the obligations of the Agreement that are essential to the completion of the Project. Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant 76 Page 12 of 18 Updated May 24, 2023 must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non‐performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner. b) Termination by Consultant: The Consultant may terminate this Agreement for cause in whole or in part, if the Owner: 1. Defaults on its obligations under this Agreement; 2. Fails to make payment to the Consultant in accordance with the terms of this Agreement; 3. Suspends the project for more than one hundred eighty (180) days due to reasons beyond the control of the Consultant. Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner’s breach of the contract. In the event of termination due to Owner breach, the Consultant is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $25,000 DEBARMENT AND SUSPENSION Reference: 2 CFR Part 180 (Subpart B) 2 CFR Part 200, Appendix II(H) 2 CFR Part 1200 DOT Order 4200.5 Executive Orders 12549 and 12689 Certification of Offeror/Bidder Regarding Debarment By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. 77 Page 13 of 18 Updated May 24, 2023 Certification of Lower Tier Contractors Regarding Debarment The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must confirm each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally‐ assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov. 2. Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding Debarment, above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract. If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non‐compliant participant. PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS Reference: 2 CFR Part 200, Appendix II(E) 2 CFR § 5.5(b) 40 USC § 3702 40 USC § 3704 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one‐half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any 78 Page 14 of 18 Updated May 24, 2023 such contract or any other Federal contract with the same prime contractor, or any other federally‐ assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause. 4. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES Reference: 31 USC § 1352 – Byrd Anti‐Lobbying Amendment 2 CFR Part 200, Appendix II(I) 49 CFR Part 20, Appendix A Certification Regarding Lobbying The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form‐LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub‐awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub‐recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 79 Page 15 of 18 Updated May 24, 2023 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $150,000 CLEAN AIR AND WATER POLLUTION CONTROL References: 2 CFR Part 200, Appendix II(G) 42 USC § 7401, et seq 33 USC § 1251, et seq Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC §§ 7401‐7671q) and the Federal Water Pollution Control Act as amended (33 USC §§ 1251‐1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. The Contractor must include this requirement in all subcontracts that exceed $150,000. PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $250,000 BREACH OF CONTRACT TERMS Reference: 2 CFR § 200 Appendix II(A) Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. Owner will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract. The Owner’s notice will identify a specific date by which the Contractor must correct the breach. Owner may proceed with termination of the contract if the Contractor fails to correct the breach by the deadline indicated in the Owner’s notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. DISADVANTAGED BUSINESS ENTERPRISE Reference: 49 CFR Part 26 Solicitation Language (Solicitations that include a Contract Goal) Bid Information Submitted as a matter of responsiveness: The Owner’s award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR § 26.53. As a condition of responsiveness, the Bidder or Offeror must submit the following information with its proposal on the forms provided herein: 1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract; 80 Page 16 of 18 Updated May 24, 2023 2) A description of the work that each DBE firm will perform; 3) The dollar amount of the participation of each DBE firm listed under (1); 4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner’s project goal; 5) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment; and 6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. The documentation of good faith efforts must include copies of each DBE and non‐DBE subcontractor quote submitted to the bidder when a non‐DBE subcontractor was selected over a DBE for work on the contract. Bid Information submitted as a matter of bidder responsibility: The Owner’s award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR § 26.53. As a condition of responsibility, every Bidder or Offeror must submit the following information on the forms provided herein within five days after bid opening. 1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract; 2) A description of the work that each DBE firm will perform; 3) The dollar amount of the participation of each DBE firm listed under (1); 4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner’s project goal; 5) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment; and 6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. The documentation of good faith efforts must include copies of each DBE and non‐DBE subcontractor quote submitted to the bidder when a non‐DBE subcontractor was selected over a DBE for work on the contract. Solicitation Language (Race/Gender Neutral Means) The requirements of 49 CFR part 26 apply to this contract. It is the policy of the Owner to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. Prime Contracts (Contracts Covered by a DBE Program) Contract Assurance (49 CFR § 26.13) The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT‐assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may 81 Page 17 of 18 Updated May 24, 2023 result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the Contractor from future bidding as non‐responsible. Prompt Payment (49 CFR § 26.29) The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) calendar days from the receipt of each payment the prime contractor receives from Owner. The prime contractor agrees further to return retainage payments to each subcontractor within thirty (30) calendar days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Owner. This clause applies to both DBE and non‐DBE subcontractors. Termination of DBE Subcontracts (49 CFR § 26.53(f)) The prime contractor must not terminate a DBE subcontractor listed in response to the above Solicitation Language (Solicitations that include a Contract Goal) section (or an approved substitute DBE firm) without prior written consent of Owner. This includes, but is not limited to, instances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non‐DBE firm, or with another DBE firm. The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains written consent from the Owner. Unless the Owner’s consent is provided, the prime contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. The Owner may provide such written consent only if the Owner agrees, for reasons stated in the concurrence document, that the prime contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53. Before transmitting to the Owner its request to terminate and/or substitute a DBE subcontractor, the prime contractor must give notice in writing to the DBE subcontractor, with a copy to the Owner, of its intent to request to terminate and/or substitute, and the reason for the request. The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise the Owner and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the Owner should not approve the prime contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), the Owner may provide a response period shorter than five days. In addition to post‐award terminations, the provisions of this section apply to preaward deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements. 82 Page 18 of 18 Updated May 24, 2023 This Page Intentionally Left Blank 83 ITEM #:15 DATE:05-28-24 DEPT:PW SUBJECT:PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC. OF OMAHA, NEBRASKA FOR 2050 METROPOLITAN TRANSPORTATION PLAN COUNCIL ACTION FORM BACKGROUND: Every five years, the Ames Area MPO (AAMPO) is required to develop a Metropolitan Transportation Plan (MTP), also known as a Long-Range Transportation Plan (LRTP). As defined by the U.S. Department of Transportation (DOT), the primary purpose of the MTP is to identify how the metropolitan area will manage and operate a multi-modal transportation system (including transit, highway, bicycle, pedestrian, and accessible transportation) to meet the region's economic, transportation, development, and sustainability goals for a 20+ planning horizon, while remaining fiscally constrained. This update to the AAMPO's MTP will have an anticipated completion date of September 23, 2025, and will utilize 2050 as the planning horizon year. The AAMPO included the MTP update in its Federal Fiscal Year (FFY) 2025 Transportation Planning Work Program (TPWP) and FFY 2024-2027 Transportation Improvement Program (TIP). In total, $400,000 in federal MPO planning funds is budgeted for the MTP update with a required local match of $100,000 (20% of the $500,000 total). The City of Ames lists the MTP update in its 2023- 2028 Capital Improvements Plan (CIP) in 2023/24, with the $100,000 local match coming from the Road Use Tax Fund. CONSULTANT SELECTION: Following applicable federal and state mandated purchasing requirements, to allow use of federal planning funds, the AAMPO first solicited a Request for Qualifications (RFQ) to establish a list of qualified firms that would then proceed to the Request for Proposals (RFP) stage. A total of two (2) statements of qualifications (SOQs) were received. Each SOQ was evaluated by a project selection team consisting of AAMPO and City of Ames staff. Listed below are the criteria used for scoring the SOQs: RFQ Scoring Criteria:Points Project Understanding:25 Project Team & Key Personnel:25 Previous Experience:20 Understanding of AAMPO Region:10 Ability to Perform Work:10 Responsiveness:10 The scores for the received SOQs, utilizing the above criteria, are as follows: 84 Rank Firm(s)Score 1 HDR Engineering 97 2 Felsburg Holt & Ullevig (Prime), SRF Consulting, ATG 92 The project selection team determined that both project teams who submitted SOQs were qualified to advance to the RFP stage. Each team conducted an in-person presentation of their proposal to the project selection team (which consisted of staff from the AAMPO, City of Ames, and Story County). The proposals and presentations were scored using the following criteria: Proposal Presentation Scoring Criteria:Points MTP Content:50 Transportation Modeling & Data Review/Analysis:25 Public & Stakeholder Engagement:15 Project Schedule:5 Project Management:5 The scores for the presentations and proposals, utilizing the above criteria, are as follows: Rank Firm(s)Score 1 HDR Engineering 94 2 Felsburg Holt & Ullevig (Prime), SRF Consulting, ATG 88 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 Metropolitan Transportation Plan for the AAMPO with a planning horizon year of 2050 which meets all applicable state and federal requirements. Collect and process all applicable data needed to evaluate the performance of the transportation system (GIS data, traffic data, crash data, transit data, bicycle/pedestrian data, pavement & bridge data, socioeconomic data, and previous transportation studies in the AAMPO region). Conduct a Community Transportation Assessment Survey to be administered using a combination of mail and online methods and create a final report and summary of the survey results to be used in the MTP's development. Create a Regional Travel Demand Model (in coordination with Iowa DOT and AAMPO staff) using TransCAD software and a regional traffic model (in coordination with AAMPO and City of Ames staff) using Synchro software. Models will include base year (2023), interim year (2035 or 2040), and future year (2050) scenarios. Using collected data and the travel demand and traffic models, evaluate the existing performance of the transportation system in the AAMPO region. This will include evaluating the existing region profile (historical & projected population, employment, movement, and commuter trends), existing highway and major roadway performance, travel time reliability, safety, bridge 85 conditions, pavement conditions, transit system performance, bicycle and pedestrian system performance, and regional connectivity. Evaluate the projected future performance of the transportation system in the interim and future planning years including: future traffic operations, pavement & bridge needs, potential impacts of emerging trends & technologies, and multi-modal system performance. 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, program branding, engagement booths at community events, visioning public open house, visioning web- based open house, alternatives/strategies public open house, alternatives/strategies web-based open house, and web-based draft plan open house. Develop alternatives, projects, and strategies to meet the needs of the transportation system as identified in the existing and future evaluation of the transportation network. This will include roadway, multi-modal, transit, bicycle/pedestrian, and pavement rehabilitation and reconstruction alternatives and projects. Develop a fiscally constrained implementation plan using prioritized alternatives. The implementation plan will include short-term, medium-term, and long-term alternatives/projects. Forecasted future federal, state, and local funding sources will be leveraged to ensure fiscal constraint. Projects will undergo an environmental and constructability review during implementation plan development. Areas requiring further, more detailed, study will also be identified. For each project identified in the fiscally constrained plan, information such as project type, termini, cost, and anticipated funding source will be included at a minimum. Deliver presentations to the AAMPO Transportation Policy and Technical Committees at key project milestones throughout the life of the project. ALTERNATIVES: 1. Approve the professional services agreement with HDR Engineering, Inc. of Omaha, Nebraska for the 2050 Metropolitan Transportation Plan update in an amount not to exceed $499,851. 2. Direct staff to negotiate an agreement with another firm. CITY MANAGER'S RECOMMENDED ACTION: HDR Engineering, Inc. has successfully led the development of the past several MTP updates for the AAMPO and, based on staff evaluation, they will provide the best value for the 2050 MTP update. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 86 ITEM #:16 DATE:05-28-24 DEPT:Electric SUBJECT:TRANSFORMER OIL RECONDITIONING AND REPAIR FOR ELECTRIC SERVICES COUNCIL ACTION FORM BACKGROUND: The Electric Department maintains transformers throughout the community. Routine maintenance for transformers includes filtering the transformer oil to remove the gases and adding inhibitor to limit moisture accumulation in the windings to protect against catastrophic failure. Routine testing has revealed that transformer oil reconditioning and repair is needed on transformer AP6T6 and leak repair is needed on transformer AP6T1. Because both transformers are located in the same substation, the two transformer repairs were bid together to help control costs with one mobilization. Bids were solicited for transformer oil reconditioning and repair. On May 15, 2024, bids were received as follows: BIDDER COST* Solomon Corporation, Solomon, KS No Bid Energy Solutions, Elkhorn, NE $89,328.95 Tri-City Electric Company of Iowa, Davenport, IA $136,994.24 AES Kinetics, Naperville, IL $143,166.00 Transfluid Services, Houston, TX $149,457.60 Midwest Electric Transformer Services, Hesston, KS $335,854.85 Cahoon Sales, Iowa City, IA $428,000.00 *Price inclusive of 6% State of Iowa Taxes Plus 1% Local Tax In the bids, Energy Solutions indicated it is the manufacturer's representative for Delta Star. Cahoon Sales indicated it is the manufacturer's representative for Waukesha Service. Staff reviewed the bids and concluded that the apparent low bid submitted by Energy Solutions is acceptable. The FY 2023/24 budget contains $115,000 for this work. ALTERNATIVES: 1. Award contract to Energy Solutions, Inc., of Elkhorn, NE for transformer oil reconditioning and repair for the Electric Department's Technical Services Division in the amount of $89,328.95. 2. Purchase the service from one of the other bidders. 3. Reject the award and direct staff to re-bid. 87 CITY MANAGER'S RECOMMENDED ACTION: Staff reviewed the bids and concluded that the apparent low bid submitted by Energy Solutions is acceptable. Therefore, it is the recommendation of the City Manager to approve Alternative No. 1, as described above. 88 ITEM #:17 DATE:05-28-24 DEPT:HR SUBJECT:HEALTH INSURANCE ADMINISTRATIVE SERVICES CONTRACT RENEWAL COUNCIL ACTION FORM BACKGROUND: For the past 19 years Wellmark Blue Cross Blue Shield of Iowa has been the City’s provider for administrative services and excess coverage for the self-insured health and pharmacy programs. Wellmark was originally awarded this contract after a competitive Request for Proposals. Wellmark also has advantageous contractual relationships with medical providers in Ames and throughout Iowa that allow the City to receive significant discounts on services received. Wellmark has a proven record of being able to administer the existing plans and has been a willing and capable partner in our efforts to improve the health status of employees and their families through quality programs and health promotion. In renewing the administrative agreement for FY 2024/25, Wellmark will charge $54.96 per member per month in administrative and access fees, effective July 1, 2024. This is a per member per month increase of 5.8% compared to FY 2023/24. However, because the number of covered individuals is projected to be more in FY 2024/25 compared to the current year, the projected total cost for administrative and access fees in FY 2024/25 is expected to increase by 7.7%, to $369,991. Administrative and Access Fees FY 2023/24 FY 2024/25 # of Covered Members 551 561 Per Member, Per Month Fee $51.94 $54.96 TOTAL COST $343,427 $369,991 The City also obtains individual and aggregate stop loss coverage from Wellmark. The individual stop loss coverage protects the City from specific claims that exceed $125,000 incurred in one year, while the aggregate stop loss protects the City in the event that total claims exceed 120% of projected losses. In FY 2023/24, the stop loss rate charged per member per month was $164.15. However, the stop loss trend over the past several years has significantly exceeded Wellmark’s projections. For that reason, the stop loss rates for FY 2024/25 will increase by 9%. Effective July 1, 2024, Wellmark will charge $179.43 per member per month for specific and aggregate stop loss premiums. The increased premium is again compounded by an increase in the projected number of covered members. In FY 2024/25 the City will pay $1,207,923 in specific and aggregate stop loss premiums, an 11.3% increase over the total amount paid in FY 2023/24. 89 Specific and Aggregate Stop Loss Premiums FY 2023/24 FY 2024/25 # of Covered Members 551 561 Per Member, Per Month Fee $164.15 $179.43 TOTAL COST $1,085,360 $1,207,923 Gallagher, the City’s contracted Health Benefits Consultant, provided assistance with reviewing the overall administrative fees and services Wellmark presented for FY 2024/25. The increase for medical health care costs, including projected FY 2024/25 medical (Wellmark) claims and all Wellmark administrative fees, is estimated at 8.3% for FY 2024/25 (a total of approximately $11,736,899). This increase for medical costs, when combined with dental cost projections, result in an overall increase to the Health Insurance Fund of 7.9% in FY 2024/25 . This projected increase was reported to City Council at the February 8, 2024 Budget hearing. At that time, staff reported to Council that an 8% increase in premiums could cover the increased expenses, without having to use any available balance in the Health Insurance Fund to finance these increased costs. The Health Insurance Fund contains a sizeable unreserved fund balance that has been slowly decreased over the past several years to reduce the impact of large premium increases. Currently, the Health Insurance Fund contains an unreserved fund balance of $5,536,237. Since this information was anticipated at the time the FY 2024/25 Budget was prepared, sufficient funds exist to cover the slight increase in administrative fees, increase in stop loss premiums, and anticipated increases in claims with the 8% increase in premiums. By the end of calendar year 2024, staff is anticipating a partial offset to this increase with the implementation of the new Pharmacy Benefit Manager (PBM) vendor as of January 1, 2024 that is expected to yield savings to the City. ALTERNATIVES: 1. Accept the renewal documents from Wellmark for administrative services, specific and aggregate excess insurance, and access fees for benefits effective from July 1, 2024 to June 30, 2025 2. Do not renew the City's health insurance administrative services contract with Wellmark and direct the staff to seek other companies to perform these services. CITY MANAGER'S RECOMMENDED ACTION: Wellmark has been an effective administrator of the City’s health care administrative services. Wellmark’s services are cost-effective, and they have a strong working relationship with the City’s other health care partners. Renewal of this contract will provide the best value to the City in administering its health insurance program. Therefore, it is the recommendation of the City Manager that the City Council adopt the suggested action. 90 ITEM #:18 DATE:05-28-24 DEPT:HR SUBJECT:RENEWAL OF DENTAL INSURANCE ADMINISTRATOR CONTRACT COUNCIL ACTION FORM BACKGROUND: For many years the City has contracted with Delta Dental of Iowa to administer the Dental Insurance benefits approved by City Council for City employees and their families. Over the past several years Delta has provided good customer service and has had a commendable record of accurate and timely claim payment. Delta Dental also has advantageous contractual relationships with dental providers in Ames and throughout central Iowa, which allows the City to realize significant discounts on services received. Delta has a proven record of being able to administer the existing plans and has also been a willing and capable partner in our efforts to improve the health status of employees and their families through quality programs. Delta Dental is estimating the City's annual claims to be $442,119 for FY 2024/25. Fixed fees increased from $5.14 per contract to $5.29 per contract, or 3.0%, from 2023/24 to FY 2024/25. The total projected annual expense of $475,192 is covered in the amounts budgeted for health insurance included in the FY 2024/25 budget. ALTERNATIVES: 1. Accept the renewal documents from Delta Dental of Iowa to provide administrative services for dental benefits effective July 1, 2024 2. Reject the renewal from Delta Dental of Iowa and seek another company to provide the administrative services for our dental plan. CITY MANAGER'S RECOMMENDED ACTION: Over the past two decades Delta Dental of Iowa has been an effective administrator of the City’s dental administrative services. Renewal of this contract will provide the best value to the City in administering its dental insurance program. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. 91 ITEM #:19 DATE:05-28-24 DEPT:HR SUBJECT:WELLNESS PROGRAM SERVICES COUNCIL ACTION FORM BACKGROUND: On January 23, 2023, the City initiated a Request for Proposals (RFPs) process for wellness program support services for the City of Ames Health Promotion Program. Requested services included: health risk assessments, an online web portal with a wide variety of online wellness programs, incentive administration tracking for the Healthy4Life program that rewards employees through health risk assessment, health coaching, online tracking of wellness program, integration of participant data, periodic reporting (monthly, quarterly, yearly measurement and reports) that cover the portal utilization and engagement, population health risks, projected financial summary and analyzing health data in the same population over consecutive years. Wellmark Blue Cross Blue Shield from Des Moines, IA was the selected vendor in May of 2023. They were awarded a one-year contract with an option to renew for four additional one-year periods beginning July 1, 2023 to June 30, 2024, at a cost of no more than $27,885 in FY 2023/24. At the time of purchase, it was stated that the cost of renewal would increase 3% each year, for a cost not to exceed $28,721 in FY 2024/25. Staff is recommending renewing Wellmark Blue Cross Blue Shield for these services for an additional one year for FY2024/25 because of their success working with the City of Ames Wellness Program within the last year, as well as their success with our health insurance program over the last 20+ years. Staff believes this company provides the best value and aligns most thoroughly with the goals of the City of Ames wellness program as demonstrated throughout the evaluation process. Funds for the services in this proposed contract will be paid from the City’s Health Insurance Fund. The FY 2024/25 Budget contains funding that will support the fees of Wellmark’s services. ALTERNATIVES: 1. Award a one-year renewal contract to Wellmark Blue Cross Blue Shield for FY 2024/25 Wellness Program Services beginning July 1, 2024 to June 30, 2025 at a cost not to exceed $28,721. 2. Reject the contract and direct staff to conduct an RFP process to seek wellness program services from an alternative firm. CITY MANAGER'S RECOMMENDED ACTION: Wellmark Blue Cross Blue Shield has an extensive record of providing health insurance services to the City of Ames for the past 20+ years, as well as other city governments and public organizations throughout Iowa. Additionally, they have been successfully providing workplace wellness program services since 2006. Continuing to utilize Wellmark’s wellbeing services will strengthen administration of City Health Promotion programs by providing continuity between health insurance and wellness data, experienced health coaching staff, online programming and services, detailed incentive-tracking, and robust reporting capabilities integrating medical claims 92 and wellness program impact. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 above. 93 ITEM #:20 DATE:05-28-24 DEPT:ELEC SUBJECT:CELL MAINTENANCE SERVICES FOR ELECTRIC SERVICES - CONTRACT RENEWAL COUNCIL ACTION FORM BACKGROUND: The Power Plant has an ash pond that serves as a settling pond where Refuse Derived Fuel sluiced ash (“RDF ash”) falls to the bottom and relatively clean water can be recycled to the Power Plant to transport additional ash from the bottom of the boilers. The ash pond also contains ash generated from the combustion of coal prior to the power plant’s conversion to natural gas (“coal ash”). The RDF ash is composed of inorganic materials in the fuel that do not burn and must be removed from the boilers to allow continual operation. Over time the RDF ash builds up on the bottom of the pond and reduces the available capacity of the pond. This ash must be regularly removed and piled, via excavating or dredging, to a location at the pond site that will allow for it to dry and later be hauled to a landfill. As of October 2016, the usable area of the ash pond has been drastically reduced because of restrictions imposed by the EPA through the Disposal of Coal Combustion Residuals from Electric Utilities rule. The portion of the ash pond that contains coal ash (a majority of the area) is inactive until the coal ash is removed and landfilled. The work to remove the coal ash is an approved Capital Improvements Plan project and construction is scheduled to start this summer. Until the coal ash removal project is complete, the usable area of the pond is very limited. Boone County Landfill (BCL) is the only landfill in the planning area that the City of Ames is in. However, BCL has rejected taking the RDF ash and therefore the Power Plant must take it to Metro East Landfill located in Mitchellville, Iowa. On February 28, 2023, City Council awarded a contract to Wulfekuhle Injection & Pumping, Peosta, IA, for Cell Maintenance Services for the Electric Services. This contract included the option for the City to renew in one-year increments for up to four additional years. This is the second renewal out of four possible renewal periods. TASK FY23-24 Rates FY24-25 Rates Price Per Hour (digging & moving)$206.00 $212.18 $ amount per ton to haul $19.06 $19.63 Mobilization $2,575.00 $2,652.25 Council should note the rates that will be charged by Wulfekuhle Injection & Pumping will increase 3% compared to the current year. 94 Staff is recommending that these services continue to be outsourced on an annual renewable contract basis. The benefits of having a contract for these services in place include the following: 1. Consistency of work and quality from a single contractor. 2. Reduction in the City’s exposure to market forces regarding prices and availability for labor, travel, and supplies in preparation for a scheduled outage. 3. Rapid contractor mobilization to start emergency repairs, thus reducing generation downtime. 4. Saved City staff time obtaining quotes, evaluating bids and preparing specifications and other procurement documentation. Invoices will be based on contract rates for time and materials for services actually received and accepted by the City. The FY 2024/25 operating budget includes $200,000 for these services. ALTERNATIVES: 1. Approve the contract renewal with Wulfekuhle Injection & Pumping, Peosta, IA, for Cell Maintenance Services for Electric Services for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $200,000. 2. Reject the renewal option and instruct staff to seek new competitive bids. CITY MANAGER'S RECOMMENDED ACTION: The ash pond is an essential part of the RDF combustion process. Because the pond has a limited working area, the RDF ash must be excavated and removed to allow for the continued combustion of RDF. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 as stated above. 95 ITEM #:21 DATE:05-28-24 DEPT:ELEC SUBJECT:BOTTLE EXCHANGE PROGRAM AND RELATED SERVICES FOR POWER PLANT - CONTRACT RENEWAL COUNCIL ACTION FORM BACKGROUND: Electric Services uses demineralized water for operations at the Power Plant and combustion turbine site. Operating demineralizing equipment requires bottled gases and chemicals to purify substantial quantities of water. This contract consists of providing a bottle exchange service for a two-bed demineralizer, strong acid cation and a strong base anion, and a bottle exchange mix-bed demineralizer. In addition, this contract requires a mobile purification system to batch-fill a 265,000-gallon de-ionized water tank for water injection at the combustion turbine site, as well as a final mixed-bed polisher for that unit. The contractor must provide this service on a 24-hour per day, seven day per week schedule, including holidays. The initial contract was awarded to MPW Industrial Water Services Inc., of Hebron, OH for the Bottle Exchange Program and Related Services for Power Plant for materials and services under the Council threshold. This contract included the option for the City to renew in one-year increments for up to four additional years. This is the second renewal out of four possible renewal periods. For the renewal for FY 2024/25, the contract amount not-to-exceed was increased to $55,000 to cover a full one-year period. Council should note the rates that will be charged by MPW Industrial Water Services will not increase for service and materials; however, freight will increase by 9% compared to last year. Staff recommends that these services continue to be outsourced on an annual renewable contract basis. The benefits of having a contract for these services in place include the following: 1. Consistency of work and quality from a single contractor. 2. Reduction in the City’s exposure to market forces regarding prices and availability for labor, travel, and supplies in preparation for a scheduled outage. 3. Rapid contractor mobilization to start emergency repairs, thus reducing generation downtime. 4. Saved City staff time obtaining quotes, evaluating bids and preparing specifications and other procurement documentation. The approved FY 2024/25 Power Plant operating budget includes $55,000 for this service. Invoices will be based on contract rates for time and materials for services actually performed. 96 ALTERNATIVES: 1. Approve the contract renewal with MPW Industrial Water Services Inc., of Hebron, OH, for the Bottle Exchange Program and Related Services for Power Plant for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $55,000. 2. Reject the renewal option and instruct staff to seek new competitive bids. CITY MANAGER'S RECOMMENDED ACTION: These materials and services are necessary to properly maintain and operate Power Plant equipment. This contract would establish rates for services and materials and provide for guaranteed availability, thereby setting in place known rates for service and controlling the Plant’s costs. Funds will be expended only as work is required and in accordance with approved invoices. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. 97 To:Mayor and City Council From:City Clerk's Office Date:May 24, 2024 Subject:Contract and Bond Approval Item No. 22 MEMO There is no Council Action Form for the 2023/24 Shared Use Path Expansion. City Council approval of the contract and bond for the project is simply fulfilling a State Code requirement. 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 98 ITEM #:23 DATE:05-28-24 DEPT:ELEC SUBJECT:POWER PLANT MAINTENANCE SERVICES CONTRACT - CHANGE ORDER NO. 1 COUNCIL ACTION FORM BACKGROUND: The Electric Utility has two gas-fired, high-pressure steam generation units in the Power Plant, referred to as Units No. 7 and 8. These units require regular professional maintenance and repair. This consists of both emergency and planned repairs and service. Services include a large variety of plant maintenance and repairs, structural steel, pump and piping work, and other miscellaneous mechanical Power Plant work. The repair of the equipment on these generation units requires professional trade crafts such as laborers, millwrights, and steam/pipe fitters. On March 14, 2023, City Council awarded a contract to Waldinger Corporation of Des Moines, IA, for the Power Plant Maintenance Services contract in the amount of $300,000. The contract included time and material rates. Waldinger has completed several projects under this contract including underground pipe replacement to the Unit 8 Cooling Tower, condensate storage piping replacement, tubing replacement for Unit 7 bottom ash hopper air valves, erecting the RDF Bin crane structure enclosure, and replacing the GT2 fuel oil supply line. Some of these projects were unforeseen at the time the budgeting process occurred. However, they were required to be completed since their completion was critical to maintaining the reliability of generation. The Unit 7 air heater basket replacement project was planned to be performed within this fiscal year. A majority of the air heater baskets have been in place for over two decades serving under extreme conditions causing them to be tightly wedged in place. A group of the existing baskets were also found to be welded rather than bolted, causing the process of removal to be very difficult and take much longer than expected. Since invoices are based on contract rates for time and materials for services actually received, funds are being depleted more than anticipated. Staff is closely monitoring the contractor to ensure correct billing for work performed. Due to additional projects performed on the PO and unforeseen issues with removing the old air heater baskets, the funds on the PO have been exhausted and additional money is needed to finish the air heater basket replacement. Change Order No. 1, in the amount of $140,000, is necessary to complete the Unit 7 air heater basket replacement project based on current progress. The additional funds for this change order will be paid from the Unit 7 Turbine/Generator account where there is $145,000 available due to less equipment cleaning and testing required than was budgeted. Invoices will be based on contract rates for time and materials for services actually received. 99 ALTERNATIVES: 1. Approve Change Order No. 1 in the amount of $140,000 to Waldinger Corporation, of Des Moines, IA, bringing the contract total to $440,000 (inclusive of sales tax). 2. Do not approve the requested change order. CITY MANAGER'S RECOMMENDED ACTION: Replacement of the Unit 7 air heater baskets is required in order to maintain reliability and efficiency of Unit 7 generator. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 100 ITEM #:24 DATE:05-28-24 DEPT:PW SUBJECT:2019/20 STORM WATER EROSION CONTROL PROGRAM (IOWAY CREEK - 6TH TO 13TH ST) AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT COUNCIL ACTION FORM BACKGROUND: In January 2021, the City contracted with WHKS & Co. for the design of the 2019/20 Storm Water Erosion Control program (Ioway Creek - 6th to 13th Street). After receiving extensive public input through a series of meetings, an alternative design was pursued to address feedback regarding the original design concept. Design and construction plans were developed as negotiations began with landowners to obtain the necessary permanent easements. As a result of the negotiations with the adjoining private landowners, including two new owners since the project began, further revision to the stream alignment design is necessary. The revised alignment will locate a portion of the streambank on the adjoining landowner property, and therefore permanent easements need to be acquired for the project. Amendment No.1 was previously approved in the amount of $46,900, in response to the initial public engagement meetings. It included a second conceptual design that realigns a section of the creek away from the steep east slope, three additional public outreach meetings, design of a Landscape Plan and preparing an Establishment and Maintenance plan considering the Rusty Patched Bumble Bee, which was identified in Brookside Park near the project site. As a protected species, protection and enhancement of its habitat is being incorporated into the design and construction of the project. Additional funding in the amount of $600,000 was acquired at that time from the IDALS Water Quality Initiative and IFA Water Infrastructure Fund. This proposed contract Amendment No. 2 includes compensation for a further revised Final Design, additional coordination with Iowa DNR State Revolving Fund, Floodplain, and River Program staff, Floodplain Permitting re-submittal and attendance at one final public meeting. The additional cost for the professional services is $20,600, bringing the total contract to $126,320. Listed below is a table of funding sources and estimated expenses. SOURCES REVENUES EXPENSES City of Ames Stormwater Utility Fund $300,000 State Revolving Fund (approved 2020)$300,000 IDALS Water Quality Initiative $100,000 101 IFA Water Infrastructure Fund (Watershed)$500,000 Design (WHKS) $ 126,320 Engineering/Administration (Staff) $ 113,680 Construction Estimate $ 960,000 Total $ 1,200,000 $1,200,000 ALTERNATIVES: 1. Approve Amendment No. 2 to the Professional Services Agreement for the 2019/20 Storm Water Erosion Control project with WHKS & Co. of Ames, Iowa, billed hourly and not to exceed the amount of $20,600. 2. Do not approve the Amendment to Professional Services Agreement. CITY MANAGER'S RECOMMENDED ACTION: Staff has worked diligently with stakeholders, neighbors, and adjoining landowners. As a result of negotiations to obtain required easements, the final plan design must be updated to reach agreement with adjoining property owners. Additional work is also required of WHKS to coordinate and meet State of Iowa grant and permitting requirements. Also, due to the high level of public and neighborhood interest in this project, an extra public meeting will be held and led by WHKS. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1. ATTACHMENT(S): Brookside-Park-Amend-02_04-10-2024.pdf Stream Option -realigned stream_-2023.pdf 102 AMENDMENT NO. 02 TO PROFESSIONAL SERVICES AGREEMENT WHEREAS, City of Ames (Client) and WHKS & Co. (WHKS) executed a Professional Services Agreement dated January 26, 2021 for certain engineering services for Squaw Creek Storm Water Control Program Project (AKA Ioway Creek -Brookside Park), and WHEREAS, the Agreement described a scope of services and was based on completion of certain services, and WHEREAS, the Client has requested Additional Design Engineering services for the Squaw Creek Storm Water Control Program Project (AKA Ioway Creek -Brookside Park) as described in more detail in attached Exhibit A, and NOW THEREFORE, the Client and WHKS hereby agree the amended com pensation for services shall be increased by the following: Basis of Compensation For the services described above, the Client shall remunerate WHKS as follows: Billed Hourly with a Not-to-Exceed Fee of $20,600 including Expenses. External expenses include an administrative charge of 10 percent. Executed this day of , 2024 City of Ames WHKS & CO. By: By: Printed Name: Printed Name: Derek J. Thomas, P.E. Title: Title: Vice President 103 Exhibit A to Amendment No. 02 A. Project Description: This project is part of the City of Ames Storm Water Control Program. The intent of this project is to provide for stabilization of areas that have become eroded in streams, channels, swales, gullies, or drainage ways that are part of the storm water system. This project began in 2021 to address erosion issues along portions of Ioway Creek near Brookside Park between 6 th Street and 13th Street. This project was expanded in early 2022 based on public engagement and stakeholder input to realign the stream channel, incorpo rate river oxbows to treat stormwater, and utilize a variety of natural stream and bank stabilization methods, including cross vanes, J - hooks, root wads, toe wood, and boulder clusters. In October 2022, City staff began engaging residents to obtain easements for the project. One of the outcomes from this process was a landowner requested revision to the stream alignment at the downstream end of the proposed water quality treatment oxbow wetland to shift the streambank back within their parcel. Services covered by this amendment include revising the stream channel alignment (and associated grading and quantities), updating the planting plans based on the revised grading, and re-engaging Iowa DNR State Revolving Fund (SRF), Floodplain, and River Program staff on the proposed design revision for agency review and approval. This Amendment includes additional WHKS design engineering services as described below in part B. B. Scope of Services Provided Under This Agreement: 1. DNR Coordination • Coordinate with Iowa DNR State Revolving Fund (SRF), Floodplain, and River Program staff on the proposed design revision for agency review and approval. 2. Revised Final Design • Revise the stream channel alignment and grading based on sketch #2 provided to the City by email on 5/2/2023 and as shown in easement exhibits dated 10/5/2023. • Update construction plan sheets and quantities. • Landscape Architecture services will be performed by a subcontractor to WHKS under this contract. Landscape Architectural services to include: o Revise the plantings plan based on the revised grading. o Additional landscape architecture services to support native landscaping establishment and long-term maintenance, including: custom seed mixes, seed supplier coordination, woodland management plan review, correspondence with Iowa DNR forestry, and research of qualified native landscaping contractors. 3. Floodplain Permitting Re-Submittal • Update the proposed conditions hydraulic model and re-submit to Iowa DNR. • Coordinate with Iowa DNR staff on floodplain permitting. 4. Final Public Meeting • Attend one (1) final public meeting in-person for the project. 104 IP O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 890 885 890 885 89 5 89 4 88 7 885 890 890 885 893 894 892 891 885 895 890 885 895 900 905 910 915 920 925 930 89 5 89 5 895 895 895 895 93 0 935 89 5895 900 920 925 920 925 895 89 0 890 885 0+00 1+0 0 2+ 0 0 3+0 0 4+00 5+00 6+00 7+00 8+00 8+45 10+ 0 0 11+0 0 12+00 13+00 14+00 15+00 16+00 17+0 0 18+0 0 19+0 0 20+00 21+00 22+00 23+00 24+00 25+00 26+00 N 0 HORIZ. 5050 100 New Proposed Alignment in Blue 10 5 IP O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 890 885 890 885 89 5 89 4 88 7 885 890 890 885 893 894 892 891 885 895 890 885 895 900 905 910 915 920 925 930 89 5 89 5 895 895 895 895 93 0 935 89 5895 900 920 925 920 925 895 89 0 890 885 0+00 1+0 0 2+ 0 0 3+0 0 4+00 5+00 6+00 7+00 8+00 8+45 10+ 0 0 11+0 0 12+00 13+00 14+00 15+00 16+00 17+0 0 18+0 0 19+0 0 20+00 21+00 22+00 23+00 24+00 25+00 26+00 N 0 HORIZ. 5050 100 10 6 ITEM #:25 DATE:05-28-24 DEPT:Transit SUBJECT:APPROVAL OF 2023 SHOP REHABILITATION PROJECT CHANGE ORDER COUNCIL ACTION FORM BACKGROUND: CyRide’s 2023 Shop Rehabilitation Project was awarded to R.H. Grabau Construction, Inc. of Boone, Iowa, in August 2023. The initial contract amount was $390,165, which included the base bid plus bid Alternate #1. The project started in November 2023, and the construction component of this project is nearing completion. Plans and specifications called for consolidating bus parts into one location, improving maintenance employees’ work environment, supporting employee efficiency, and adjusting workspaces to enhance safety. The project received $581,566 of state funding through an Iowa DOT Public Transit Infrastructure Grant (PTIG) and had an initial project budget of $750,000. The favorable bid by R.H. Grabau resulted in a contingency fund of $359,835. Due to an uncertain bid climate and the construction estimate provided by the Architecture and Engineering (A&E) firm ($684,750), a number of originally planned components were removed from the final bid documents. To date, CyRide has issued and approved four change orders totaling $18,442.27. A fifth change order was prepared but not executed. Purchasing policies require governing body approval when a project’s total change order cost surpasses 20% of the project budget or $50,000, whichever is lower. A sixth Change Order, in the amount of $48,482.07, is being requested to utilize unallocated grant funding and align with the stated project goals. Among other modifications, Change Order #6 would create a new space for the maintenance division Principal Clerk position, allowing this employee to greet visitors better, receive shipments, and provide additional document storage space. Existing plumbing and electrical equipment would be removed and relocated to the mezzanine level. It would also allow the Maintenance Coordinator to have an individual office space for private conversations. The following table lists the approved and requested change orders. Item Description Amount R.H. Grabau Construction Inc.Base Bid $385,000.00 Alternate #1 Install Window on the new masonry all $5,165.00 Change Order #1 Infill opening in the mezzanine $2,356.00 Change Order #2 Extend west support I-beam to vertical I-beam $1,842.12 Change Order #3 Add power outlets, data ports, and relocate fluid system control terminal $4,895.74 Change Order #4 Not executed $0.00 107 Change Order #5 Rework air compressor power supply wires, add data ports in repair bay and wing wall, add vertical support C-channel, and repair concrete under removed wall $9,348.41 Current Total $408,607.27 Requested Change Order #6 Rework existing mop sink area into office space for the Principal Clerk position. Move existing laundry facilities to the mezzanine level. Apply epoxy flooring to the fabrication area under the new mezzanine floor and between the new masonry wall and repair bay. Paint remaining walls in the fabrication area under the new mezzanine floor and reworked office space. $48,482.07 Amended Contracted Total $457,089.34 Approval of this Change Order will result in a revised total contract amount for R.H. Grabau Construction, Inc. of $457,089.34. The Transit Board of Trustees approved the requested change order at its May 16, 2024, meeting. ALTERNATIVES: 1. Approve Change Order No. 06 in the amount of $48,482.07, to R.H. Grabau Construction, Inc. of Boone, Iowa, bringing the contract total to $457,089.34. 2. Do not approve the requested change order. CITY MANAGER'S RECOMMENDED ACTION: The requested change to the project would allow CyRide to improve workspaces to meet the current needs of CyRide’s maintenance division and maximize the utilization of grant funds. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. 108 ITEM #:26 DATE:05-28-24 DEPT:W&PC SUBJECT:COMPLETION OF OLD WATER TREATMENT PLANT DEMOLITION PROJECT COUNCIL ACTION FORM BACKGROUND: During design of the new water treatment plant, City staff made a commitment that the old treatment facility would be demolished as soon as practical after being shut down to not become an abandoned eyesore for the neighborhood. The facility ceased operation in June 2017. On June 28, 2022, the City Council awarded a contract to LinnCO, Inc. in the amount of $2,398,000 to demolish the facility. All demolition work has now been completed. A total of four change orders were executed that resulted in a final contract amount of $2,599,638.10. A Statement of Completion has been received by the engineer of record (attached). Following final acceptance, staff will work to close the Drinking Water State Revolving Fund loan used to finance the project. ALTERNATIVES: 1. Accept as complete the contract with LinnCO, Inc of Sartell, Minnesota for the Old Water Treatment Plant Demolition Project in the final amount of $2,599,638.10, and authorize final payments in accordance with the terms of the contract. 2. Do not accept the work as complete and provide guidance to staff on the steps necessary for the work to be acceptable. CITY MANAGER'S RECOMMENDED ACTION: The work to demolish the old Water Treatment Plant has been completed in accordance with the plans and specifications and as required by the contract between the City of Ames and LinnCO, Inc. In addition, an Engineer's statement of completion has been received. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative Number 1, as described above. ATTACHMENT(S): Statement of Completion Letter&Encl.051324.pdf 109 4429.010\SBK:sjl\R:\MAD\Documents\Specifications\Archive\2022\Ames, City of (IA)\4429.006.sbk\(16) Specification Letters\(h) Final Payment and Notice of Acceptability of Work\Statement of Completion Letter.051324.docx May 13, 2024 Ms. Daria Dilparic City of Ames Water and Pollution Control Department 1800 East 13th Street Ames, IA 50010 Re: Water Treatment Plant Demolition Bid No. 2022-157 City of Ames, Iowa (OWNER) Dear Ms. Dilparic: This letter serves as our recommendation of final payment for the Bid No. 2022-157 Water Treatment Plant Demolition project. Enclosed is a copy of the final Application for Payment. A final review of the project has been completed. Based upon our review of the Work, and our review of the final Application for Payment, it appears the Work has been satisfactorily completed. Therefore, we recommend final payment of the amount indicated in the enclosed final Application for Payment. Furthermore, in support of our recommendation of payment of the final Application for Payment, this letter also provides our written notice to OWNER and CONTRACTOR (by copy of this letter) that the Work is acceptable. Please call 608-251-4843 if there are any questions. Sincerely, STRAND ASSOCIATES, INC.® Steven B. Kluesner, P.E. Enclosure c/enc.: Matt Yentz, Strand Associates, Inc.® Mike Elbert, LinnCo, Inc. 110 11 1 11 2 ITEM #:27 DATE:05-28-24 DEPT:P&R SUBJECT:ACCEPTING COMPLETION OF THE FURMAN AQUATIC CENTER POOL REPAINTING PROJECT COUNCIL ACTION FORM BACKGROUND: This project consisted of preparing and painting all three basins of the Furman Aquatic Center. It is recommended to paint the basins every five to seven years to protect the concrete from the chlorinated water. It was last painted in 2017. Amusement Restoration Companies (ARC) Burnet, Texas, was awarded the project to provide all labor, equipment, materials, insurance, and other components necessary to complete the Project in accordance with specifications. The contract was awarded at the January 23, 2023, City Council Meeting. Jeff Bartley, Engineer with Water's Edge Aquatic Design, Kansas City, Kansas, developed the specifications and provided various progress reviews throughout the stages of the project. The project was expected to be completed in fall 2023, however ARC had to delay start of the project until spring 2024. Work on the basins started in late February and was completed in late April. The available funding for this project is $166,404 with the cost of the work, along with engineering, totaling $140,205. ALTERNATIVES: 1. Accept completion of the Furman Aquatic Center Pool Basin Repainting Project to Amusement Restoration Companies, L.L.C, Burnet, Texas, in the amount of $133,405. 2. Do not accept completion of the Furman Aquatic Center Pool Basin Repainting Project. CITY MANAGER'S RECOMMENDED ACTION: Furman Aquatic Center is a very popular amenity in the City of Ames. Repainting the basins is a necessary task that protects the integrity of the concrete basins in order for individuals to have a safe and excellent facility for many years to come. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1. 113 To:Mayor & City Council From:Tracy Peterson, P.E. Municipal Engineer Date:May 24, 2024 Subject:Release of Financial Security Item No. 28 MEMO Attached is the release pertaining to the completion of Stormwater Management (Chapter 5B) at Barilla, 3311 E Lincoln Way. /cmw ATTACHMENT(S): Barilla Stormwater Water Release.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 114 115 To:Mayor & City Council From:Tracy Peterson, P.E. Municipal Engineer Date:May 24, 2024 Subject:Release of Financial Security Item No. 29 MEMO Attached is the release pertaining to the completion of Stormwater Management (Chapter 5B) at Courtyard (G&G Hospitality), 311 S 17th Street. /cmw ATTACHMENT(S): G&G Hospitality Release.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 116 117 To:Mayor & City Council From:Tracy Peterson, P.E. Municipal Engineer Date:May 24, 2024 Subject:Release of Financial Security Item No. 30 MEMO Attached is the release pertaining to the completion of Stormwater Management (Chapter 5B) at Menards, 700 SE 16th Street. /cmw ATTACHMENT(S): Menards Financial Security Release.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 118 119 To:Mayor & City Council From:Eloise Sahlstrom, Department of Planning & Housing Date:May 24, 2024 Subject:Release of Financial Security Item No. 31 MEMO Attached is the release pertaining to the completion of landscaping requirements at Staybridge Hotel, 2111 Isaac Newton Drive. /cmw ATTACHMENT(S): 2024-05-17 Memo - Release of Landscape Security - Staybridge Hotel.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 120 Memo Department of Planning & Housing TO:Renee Hall, City Clerk FROM:Eloise Sahlstrom, Department of Planning and Housing DATE:May 17, 2024 SUBJECT:Release of Financial Security for Landscaping at Staybridge Hotel, 2111 Isaac Newton Drive The landscape work has been completed at Staybridge Hotel and the installation is approved. Please process the release of $12,750.00 to: MNKD Holdings, LLC 13632 Lake Shore Dr. Clive, IA 50325 Please let me know if you need anything else from me. Caring People Quality Programs Exceptional Service 121 ITEM #:32 DATE:05-28-24 DEPT:ADMIN SUBJECT:REQUESTS FOR AMES PRIDEFEST COUNCIL ACTION FORM BACKGROUND: Ames Pride, a non-profit organization dedicated to building community for LGBTQIA+ people in the City of Ames, is proposing to host its fourth annual Ames Pridefest from 10:00 a.m. to 8:00 p.m. on Saturday, September 30. Ames Pridefest is an all-ages and family-friendly event featuring various vendors, entertainment, and food trucks. An estimated 2,000 people are anticipated to attend. To facilitate this event, Ames Pride has requested the following for Saturday, September 14, 2024: Closure of Fifth Street from Kellogg Avenue to the alley east of Adams Funeral Home and closure of the 400 and 500 Blocks of Douglas Avenue from 5:00 a.m. to 10:00 p.m. A blanket Temporary Obstruction Permit A blanket Vending License and waiver of fee ($50 loss to the City Clerk's Office) Closure of 84 on-street metered parking spaces along Fifth Street and Douglas Avenue within the event area, and waiver of fees (estimated loss of $189 to the Parking Fund) Waiver of parking meter fees and suspension of enforcement for 24 metered parking spaces in Kellogg Lot S and 58 metered parking spaces in Library Lot Q to provide free parking to event attendees and Downtown visitors (estimated loss of $184.50 to the Parking Fund). Reserved spaces within these lots would remain available to the regular permit holders during the event The closed spaces would be available to attendees at Pridefest or anyone else visiting Downtown during the event. The spaces would not be reserved exclusively for Pridefest attendees. The City Council approved the parking request in 2023. In the event the Council does not support the waiver of fees for the spaces, organizers have indicated that they would be willing to pay the costs to ensure that these spaces are free for the community during the event. Ames Main Street has submitted a letter in support of the event. The organizers will notify affected businesses and residents about the event and will place signs in the affected area prior to the event. Organizers will also obtain a noise permit from the Police Department for this event. ALTERNATIVES: 1. Approve the requests for Ames Pridefest on Saturday, September 30, including the requested waiver of fee for the Vending License, but waive the fees for metered parking only in the event location. Parking enforcement in Lots S and Q would only be suspended upon receipt of reimbursement for lost parking meter fees of $184.50. This would result in a loss of $189 to the Parking Fund ($0.50/hour * 50% est. utilization * 84 meters * 9 metered hours). 2. Approve the requests for Ames Pridefest on Saturday, September 14, as outlined above, including the waiver of fees for vending and all parking. This would result in a loss of $373.50 to the Parking Fund ($0.50/hour 50% est. utilization * 166 meters * 9 metered hours). 122 3. Approve the requests, but do not allow the suspension of meter enforcement in Lots S and Q. 4. Do not approve the requests. CITY MANAGER'S RECOMMENDED ACTION: Ames Pridefest encourages the community to come together to support LGBTQIA+ people and families. This event also furthers the City Council’s goal of promoting a sense of one community by adding diversity to the downtown district. The organization has a history of holding this event successfully in previous years. While it is the recommendation of the City Manager that the City Council approve the request to 1) waive the fee for the vendor license, 2) close portions of Douglas and Kellogg as requested, and 3) provide a blanket temporary obstruction permit, the City Council will have to determine whether it is supportive of providing free parking to areas outside the spaces directly impacted by the event again, but short of granting free parking in the entire Downtown (as was done the previous year) as provided for in either Alternative #1 or Alternative #2. ATTACHMENT(S): Ames Pridefest 2024 Letter of Support.pdf Ames Pride Letter 2024.pdf Ames Pridefest 2024 Special Event Application - Peak.pdf 123 304 Main Street, Ames, IA 50010 515.233.3472 AmesDowntown.org April 17, 2024 Mayor and City Council City of Ames 515 Clark Ave Ames, IA 50010 Dear Mayor Haila and members of the Ames City Council, Ames Main Street is proud to offer its support for 2024 Pridefest, on September 14. We also endorse the closure of the streets for this event, Douglas Ave from Main to 5th Street and 5th Street from Kellogg Ave. to Duff Ave. Events of this nature help Ames Main Street achieve its vision of making Downtown Ames the primary destination of Central Iowa by creating an economically vibrant district with unique living, dining, and entertainment experiences. Sincerely, Crystal D. Davis Executive Director Ames Main Street 124 May 28, 2024 Mayor and City Council City of Ames 515 Clark Ave. Ames, IA 50010 Mayor Haila and members of the Ames City Council, Ames Pride is pleased to announce our plans for Pridefest 2024 to be held on September 14 of this year. After a successful return in 2023, we couldn’t be more excited to continue this event in Downtown Ames. As a 501(c)3 nonprofit established in Ames in 2017, Ames Pride’s purpose is to organize and promote opportunities for community-building and education around the topic of gender and sexual diversity. Pridefest is our flagship event that combines a vendor fair, entertainment, and educational opportunities in partnership with the Ames Public Library. We are thankful in our planning to have already received the enthusiastic support of city officials, Ames Main Street, Ames Public Library, Discover Ames, and many local businesses. In previous years, the City has waived the fees for our blanket vending license and metered parking in the event location. In addition to this waiver in 2023, the City Council generously paid the meter fees for city parking lots Q and S to provide free parking for event attendees an d all visitors to downtown Ames on that day as a sponsorship of Pridefest. This sponsorship helps to remove barriers of cost and accessibility for event attendees . By continuing to support Pridefest, the City of Ames has an opportunity to demonstrate Ames’ ongoing celebration of diversity and inclusion of all people. We hope that the City Council will renew their sponsorship this year. In the event that the City Council does not choose to sponsor Pridefest, Ames Pride is willing and able to purchase the use of this parking . Thank you for your time and consideration of this and the many other issues on the City Council’s plate. In Pride, Katie Tschopp nicci port Rev. Jen Hibben Co-Chair, Pridefest 2024 Co-Chair, Pridefest 2024 Executive Committee, Executive Committee, Executive Committee, Ames Pride Board of Ames Pride Board of Directors Ames Pride Board of Directors Directors 125 1 For Office Use Only Documents Received Date: ____________________ ___ Completed Application ___ Fireworks Application ($25 fee) ___ Insurance Certificate ___ Public Safety & Event Management Plan ___ Site Plan/Route Map ($25 fee) (Road Race) ___ Vendor List ($50 fee/each) ___ Parking fees Special Events Meeting Date ____________________ Time ____________________ Room ___________________ Documents Sent: ___ Alcohol License ABD ________________ ___ Fireworks Permit ___ Road Race Permit ___ TOP ___ Vending Permit ___ Other ________________ Departments Included ___ City Manager: Brian Phillips and Tasheik Kerr ___ CyRide: Jenny Bethurem or Rob Holm ___ Electric: Mark Imhoff ___ Fire: Jason Ziph or Rich Higgins ___ Parks & Rec: Craig Kaufman or Joshua Thompson ___ Public Works: Brad Becker or Dave Cole ___ Police: Tom Shelton or Mike Arkovich ___ Water: Heidi Petersen ___ Risk Management: Bill Walton CAA: Sarah Dvorsky : Sarah Dvorsky ISU: Events Authorization Committee City Council Meeting Date _____________________ ___ Added to Agenda with CAF Approved Y N Reminder Date ____________ SPECIAL EVENT APPLICATION Applications received less than thirty (30) days before the event may not be processed by the City in time for the event and will automatically be denied. Each application is viewed as a new event regardless of previous occasions. Event Name Location/Address Region (Select one or more) Ames Main Street (Downtown) Campustown District Iowa State University Property City Parks Other (please explain) Please note that events occurring in the Downtown, Campustown, in City parks, or on ISU property require prior approvals. A letter of support will be required from CAA if the event occurs in Campustown or from Ames Main Street if the event occurs in Downtown. Please contact the appropriate office well in advance: Downtown - Ames Main Street: (515) 232-2310 Campustown Action Association: (515) 232-2310 ISU - Events Authorization Committee: (515) 294-1437 director@amesdowntown.org sarahd@ameschamber.com eventauthorization@iastate.edu TIMELINE Detailed Description of Event Activities (written overview of event and what’s going to happen) Event Ends Date Time M T W R F Sa Su Teardown Complete Date Time M T W R F Sa Su Event Category Concert/Performance Farmer/Outdoor Market Other (please explain) Athletic/Recreation Exhibits/Misc. Festival/Celebration Parade/Procession/March Rain Date Rain Location Yes No Is this an annual event? If yes, how many years? Setup Date Time M T W R F Sa Su Event Starts Date Time M T W R F Sa Su r ein ries 126 2 CONTACTS State Zip Code Cell Phone Cell Phone Sponsor/Applicant Name Address City Daytime Phone E-mail Alternate Contact Name Daytime Phone E-mail ATTENDANCE Anticipated Daily Attendance Yes No Is this event open to the public? Is your event being held in conjunction with another event (e.g. Farmers' Market, 4th of July, etc.)? If yes, please list: ORGANIZATION STATUS/PROCEEDS For-Profit Bona Fide Tax Exempt Nonprofit Yes No Are patron admission, entry, or participant fees required? If yes, please describe and provide amounts: Are vendor or other fees required? If yes, please provide amounts: Percentage of net proceeds going towards fundraising % Percentage of net proceeds going towards for-profit entity % SECURITY Ames Police Department 24 hour non-emergency phone number: 515-239-5133 Please complete the course at https://www.crowdmanagers.com/training for crowd management training. Yes No Have you hired a professional security company to develop and manage your event’s security plan? If yes, please fill out the following information: Security Organization State Zip Phone Address City Email 127 ITEM #:33 DATE:05-28-24 DEPT:ELEC SUBJECT:2025 NATURAL GAS SUPPLY CONTRACT COUNCIL ACTION FORM BACKGROUND: The Power Plant typically burns between 8,000 and12,000 MMBtu of natural gas daily in either of its two boilers. The natural gas, along with refuse-derived fuel (RDF), are combusted to generate electricity. On October 15, 2015, Macquarie Energy LLC was awarded a 5-year fixed price contract for the purchase of 12,000 MMBtu/per day of natural gas for Electric Services. Subsequently, a 3-year and 1 year extensions was added which brought contract period through December 31, 2024. The contract has created efficiency, flexibility, and affordability in the purchase of a valuable commodity, ensuring that the City has reliable service while creating stable generation costs. In consultation with the City’s natural gas consultant, City staff has determined that between now and September is a prudent time to secure a price and add one to two years of supply to the existing contract. There are several aspects of a natural gas contract extension which need to be explained further. These include the price volatility, impact on electric rates, and impacts to the Resource Recovery utility. The challenge in arranging a contract extension or soliciting bids for a new gas contract is determining the price at which to commit. In the natural gas market, quoted prices expire within a 24-hour period, which is less time than is necessary to provide notice of a City Council meeting and approve the contract. When staff negotiated the original contract, the process was handled similarly to the sale of the City’s bonds. The Council Action Form did not have prices, nor did it identify the preferred supplier. Bidders faxed their prices to staff hours before the City Council meeting and a summary report was handed out during the Council meeting where a decision was made. Although this approach provides competitive pricing between several suppliers at a single point in time, it may lock the City into a price that would have been much lower if solicited at a different time of the year. For the upcoming 2025 contract, staff is proposing to repeat the method used in 2023 which allowed the Director of Electric Services to obligate the City to purchase natural gas at previously Council authorized cap. The current contract has a fixed price for natural gas set at $3.60 per MMBtu. Future price estimates for one-to-two years out show natural gas futures in the $3.62 - $4.00 MMBtu range. The prices are higher than the current contract for a variety of reasons: customer demand, supply constraints, production cost increases, the uncertainty related to the Russia-Ukraine war, weather forecasts, and other factors. As these prices fluctuate between Council meetings, staff is requesting the authority to commit the City to a one-, two-, or three-year extension with a goal to avoid cost increases to electric customers due to natural gas increases. At current natural gas contract prices, keeping cost flat is dependent on market timing and the amount of gas purchased. It is important to note that the daily gas allotment, if unused by the Electric utility due to scheduled or 128 unscheduled outages, can be sold back to the market at spot prices. At times when the gas can be sold back and spot prices are high, this can be advantageous to the Electric utility. However, if the spot prices are very low, then the gas must be sold by the Electric utility to the market at a loss. IMPACT TO ELECTRIC CUSTOMER BILLS: The natural gas purchased by Electric represents more than 20% of the overall Electric utility budget. These natural gas fuel purchases (and sales, if they occur), along with the cost of purchased power from the market (and sales to the market) are summed monthly on a rolling 12-month basis and are converted into an Energy Cost Adjustment (ECA). The ECA can be either positive or negative and is an adjustment to the electric rates adopted by the City Council, applied to customers’ bills each month. The approved FY2023/24 and FY2024/25 operating budgets include $13,980,000 for the purchase of natural gas to operate the Power Plant. IMPACT TO RESOURCE RECOVERY/HAULERS/BOONE COUNTY LANDFILL: The 12,000 MMBtu of natural gas per day that is currently procured during the non-winter months is sufficient to operate the Power Plant’s Unit #8. This larger unit can consume approximately 30,000 tons of RDF per year if RDF is available and the unit is operating continually. Unit #7 consumes up to 8,000 MMBtu/day which would consume closer to 20,000-24,000 tons/year of RDF. Unit #8 is relied upon to operate more frequently by the Power Plant because it is able to dispose of RDF at a faster pace than Unit #7. If Unit #7 is operating because Unit #8 is unavailable, the volume of RDF produced oftentimes outpaces the ability to burn it all, resulting in periods where Resource Recovery is unable to process all of the MSW which would result in additional material being diverted to the Boone County Landfill (BCL). Typically, this diversion is handled by instructing the haulers to transport MSW directly to the Boone County Landfill. If haulers are diverted, there are a variety of impacts: First, although haulers save $5.50/ton on tipping fee costs at the Boone County Landfill compared to Resource Recovery, they must drive longer distances, resulting in higher labor and fuel costs. Second, the additional material being sent to the Boone County Landfill places additional pressure on the landfill operation (both in terms of using available capacity and the additional staffing the landfill needs to arrange to handle the influx of Story County garbage trucks). Third, recyclable material is not being removed from the solid waste through processing before it is landfilled. Additionally, hauler diversions result in losses of revenue for the Resource Recovery operation since tipping fees are not being collected and RDF and recyclable materials are not being sold. Although there is less expense for Resource Recovery since it is not processing (less electricity and maintenance expenses), the fixed costs remain for the operation, and therefore the overall impact to the Resource Recovery utility can be significant. ALTERNATIVES: There are several alternative strategies that could be pursued to purchase the natural gas, each of which has different advantages and disadvantages. Under Alternatives 1, 2, and 4, the City Council would authorize staff to approve an amendment to the contract with Macquarie Energy LLC, Houston, TX, to extend the existing natural gas supply contract for a term of not less than one, but not more than three years for the gas quantities described in each alternative. 129 If staff is authorized to approve such an amendment, staff would then report back to the City Council after the contract has been approved. The report would include staff ’s estimates of cost impacts to the Electric customers and Resource Recovery Utility. The alternatives are: ALTERNATIVE # 1: Purchase 12,000 MMBtu/day In this option, enough natural gas would be purchased to combust a theoretical 30,000 tons of RDF in a year, meaning that any diversions of refuse haulers to the landfill would only be the result of planned or unplanned outages at either the Power Plant or at Resource Recovery. This option provides the most predictability to Resource Recovery, along with the haulers and Boone County Landfill, but will likely result the highest cost alternative to Electric customers. Gas allotments that are not used for the day can be sold back on the spot market; however, this alternative results in very little of the utility’s gas allotment being sold back. It is important to note that the adopted FY 2024/25 Electric Fuels budget contains only enough funding to purchase this quantity of gas if it was at or below $3.19/MMBtu. Based on current pricing, staff believes it is unlikely that gas can be secured at this price. If the 12,000 MMBtu/day was purchased at the anticipated price of approximately $3.60/MMBtu, then the annual cost would be $15,768,000, which exceeds the Electric Fuels budget by $2,000,000. This excess cost would be offset by increased revenue from customers through the ECA; the result of this option is an approximately 3% increase in customer electric bills through ECA adjustments compared to the current natural gas contract. ALTERNATIVE # 2: Purchase only 8,000 MMBtu/day In this option, enough gas would be purchased to guarantee the operation of Unit #7 for the entirety of the year (or at a reduced load level on Unit #8). This would allow for 20,000-24,000 tons of RDF to be consumed by the Power Plant, at a minimum. This reduction in RDF throughput by approximately 1/4 would result in garbage haulers being diverted to the landfill approximately two days per week. These diversions would have the negative impacts to the haulers, Boone County Landfill, and the Resource Recovery operation as described earlier in this report. If the 8,000 MMBtu/day could be secured at the anticipated price of $3.60/MMBtu, the Electric Fuels budget would have approximately $3.5 million remaining. This funding could be held in reserve and used in one of two ways: 1. To purchase additional gas on the spot market when the pricing is favorable (most likely in summer months), increasing the amount of RDF that could be consumed from time to time. The result would be consumption of some amount of RDF greater than 24,000 tons per year. 2. Alternatively, if the long-term contract pricing for natural gas was to drop considerably, the $3.5 million could be used to purchase an additional supply of up to 4,000 MMBtu/day for the year. However, staff does not have confidence that such a dramatic price drop is likely to occur. This option results in the least potential for electric bill increases, but results in the greatest amount of material being sent to the landfill, impacting the haulers, Resource Recovery, and Boone County. ALTERNATIVE # 3: Purchase gas only on the spot market (no secure gas contract) This option would eliminate the use of a secure contract and would require the daily gas needs to be 130 purchased on the spot gas market. The Electric Utility would be subject to considerable volatility in gas prices, particularly in the winter months when demand for gas is the highest. It is not possible to project the potential cost to customers for this alternative. Because of the time required to startup and shutdown the Electric boilers and Resource Recovery operation, it would not likely be feasible to plan for purchasing electricity on the market when electric grid prices are low and burning RDF only when electric grid prices are high. Therefore, this option exposes the City to extreme volatility with little potential benefit. The only real benefit that can be seen today is that spot gas prices have remained below $2.75/MMBtu since early February 2023. ALTERNATIVE # 4: Purchase 8,000 MMBtu/day for November through March, and 12,000 MMBtu/day for April through October at a cost not to exceed $3.60/MMBtu (with slight variations due to market conditions) and divert haulers directly to Boone County Landfill approximately 2 days/week in winter months This option allows the seasonal differences in gas prices to be “smoothed out” or blended to arrive at a consistent price per MMBtu. This option would allow RDF to be burned at full capacity for April through October, and at reduced capacity for November through March. The adopted amount in the natural gas fuels budget would allow for this gas to be purchased for calendar year 2025 at a price of $3.68/MMBtu, which is slightly above the price being paid for calendar year 2024. Assuming Electric is able to contract at $3.60/MMBtu , customers would experience no Electric bill increase for 2025 based on natural gas costs. Actual expenditures will not be known until a contract is executed. Staff believes approximately 27,000-27,500 tons of RDF (2,500-3,000 tons of RDF less than Alternative #1) could be consumed by this approach. During the time when capacity is reduced (November through March), Resource Recovery would have to increase diversion directly to the landfill approximately two days each week. Although this option does not provide the guaranteed ability to burn all of the RDF generated, it makes the timing of diversions more predictable. The Power Plant and Resource Recovery could also use this timing predictability to schedule planned outages at optimal times (Unit 7 in the summer, Unit 8 and/or Resource Recovery in the winter). With insufficient gas to consume all the RDF generated during January-March and November- December 2025 under this alternative, there are economic impacts to the Resource Recovery Utility with lost revenue from tipping fees during the winter months. Since this alternative is the same as was adopted for calendar year 2024, Resource Recovery assumed this same alternative would be adopted for the next fiscal year and budgeted accordingly. If haulers are not allowed to tip their MSW approximately two days per week during the reduced-throughput winter months because of the high price of gas, the Resource Recovery utility would not incur a budget impact in FY 2024/25. However, haulers and the Boone County Landfill will continue to be impacted as a result of drive times to the landfill and increased material quantities disposed of there, respectively. CITY MANAGER'S RECOMMENDED ACTION: Over the past several years, the City has benefited from extremely advantageous guaranteed natural gas prices through the expiring long-term contract. The natural gas futures pricing is considerably higher than the expiring terms. Staff is concerned that the window for prices to drop is closing, and prices will again begin rising as summer hot weather and market uncertainty approach. There does not appear to be 131 a risk-free option available to the City Council since the strategy with the least impact to electric customers, also has the highest impact to Resource Recovery System, and vice versa. Staff believes the best strategy is Alternative #4 (same as current year), which calls for a blended cost not to exceed $3.60/MMBtu, and secures enough natural gas on contract to burn 90% of the RDF that could be consumed in a typical year. Under this alternative staff will continue to pursue options for reducing the volume of waste received through recycling and other waste diversion programs. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 4, the same as was approved by Council for calendar year 2024. Under this recommendation, Council is thereby authorizing the Electric Director to approve an amendment to the contract with Macquerie Energy LLC, Houston, TX, to extend the existing natural gas supply contract for a term of not less than one, but not more than three years at a price of not more than $3.60/MMBtu or a total cost of not more than $13,980,000. 132 To:Mayor & City Council From:Donald Kom, Director of Electric Services and Joel Zook, Energy Services Coordinator Date:May 23, 2024 Subject:Geothermal Installation Costs within the Baker Subdivision Item No. 34 MEMO Please see the attached memo for information regarding geothermal installation costs within the Baker Subdivision. /cmw ATTACHMENT(S): MEMO Geothermal installation Costs within the Baker Subdivision 5.23.2024.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 133 Electric Administration main fax To: Mayor and Ames City Council From: Donald Kom, Director of Electric Services Joel Zook, Energy Services Coordinator Date: May 23, 2024 Subject: GEOTHERMAL INSTALLATION COSTS WITHIN THE BAKER SUBDIVISION Background: At its April 23, 2024 meeting, City Council requested staff solicit input from local HVAC (heating, ventilation and air conditioning) installers regarding the installation costs of residential geothermal heating and cooling systems, especially as it relates to single family homes in the Baker Subdivision. There are 26 single-family lots in the Baker Subdivision. 14 of the lots are reserved for affordable housing, the remainder are designated as market rate lots. In 2021, wells were installed at the rear of each of the 26 single family lots, within a geothermal utility easement. As homes are built in the development, home builders will be required to connect to and utilize the existing geothermal wells. Having the wells in place will lower upfront costs for developers and a monthly user fee will be charged to homeowners once their geothermal system is installed and operational. Installation Costs Electric Services solicited input from three local contractors and received the following cost comparisons from each one. Contractor 1 Contractor 2 Contractor 3 Gas Furnace Gas Furnace Gas Furnace Air Conditioner Air Conditioner Air Conditioner Geothermal Geothermal Geothermal In order to assure an appropriate comparison, all three contractors quoted prices for a 95% AFUE or better furnace, and for a 15.2 SEER2 or better air conditioner. MEMO 134 Based on the data provided by the three contractors, on average, the geothermal HVAC installation/equipment cost is significantly higher than the gas furnace/air conditioner system. The average gas/air conditioner installation/equipment cost is $14,300, while the average geothermal cost is $30,771. Most of the cost difference between geothermal and the traditional HVAC system is the cost of the geothermal equipment itself. Geothermal HVAC systems require pumps and insulated piping within the home. Geothermal also requires larger electrical service for the backup resistance heating, and usually requires larger ductwork than a furn ace of the same heating capacity. Contractors commented that while the wells are already installed, there are additional costs to connect a new geothermal system to the existing wells. These costs include trenching and groundwork, the cost of piping to connect the new home to the wells in the rear of the lot, as well as filling any new piping with the appropriate glycol solution. All of these costs were included in the cost estimates. Geothermal systems do not require gas piping or any penetrations through the roof or wall to provide exhaust or combustion air intake. Those costs, however, are included in the traditional HVAC system estimates. An unknown and unresolved cost that was not included in any cost scenarios was the additional cost to the City, as the developer of the lots, to provide gas service hookups to each home. Incentives: An analysis of HVAC system first-costs should include available rebates and tax incentives. There are considerable incentives available for geothermal HVAC systems. Any available incentives were also evaluated for each of the traditional HVAC systems. Ames Electric Services recently expanded its Net-Zero Ready New Home rebate. The $3,000 rebate is for new homes within Ames Electric’s service territory that: meet or exceed Iowa’s Energy Code, have an air-source or geothermal heat pump for primary or secondary heating, have an electric water heater, contain only Energy Star® rated home appliances, and have an electric vehicle charger or are wired with a 240v outlet in the garage for a future charger. Habitat’s homes in the Baker subdivision are some of the first homes in Ames to take advantage of this newly expanded rebate. The traditional HVAC system would not meet the requirements for the Net-Zero Ready New Home rebate. However, they would receive a rebate of $200 for the high efficiency air conditioner. The cost analyses assume the geothermal system would receive Net- Zero Ready New Home rebate of $3,000 plus $1,000 for the geothermal system. Alliant Energy provides rebates for energy efficiency as well. Each of the each of the traditional HVAC systems include a furnace that would qualify for a $200 rebate from Alliant Energy. 135 The 25D Residential Energy Tax Credit is a separate item in the tax code and allows for an uncapped 30% tax credit for renewable energy properties, including solar and geothermal heat pumps. This tax credit was also renewed until 2032 and will “step down” in 2033 and again in 2034 before expiring. The 25D Residential Energy Tax Credit does apply to new construction. The 30% tax credit applies to the entire installed cost of a geothermal heat pump system, including piping, ductwork, and any necessary incremental costs. The 25D tax credit is non-refundable, but tax credits are transferable and may be carried forward to subsequent years. No Iowa tax credits were assumed for any of the base or geothermal cost scenarios. However, from time to time the State of Iowa has offered such tax credits. Of the systems provided by local installers, the average total incentive of the traditional HVAC systems is $400. The average total incentive of the geothermal cost scenario was $13,398. Net First Costs The geothermal HVAC cost scenarios were significantly higher than each of the contractor’s traditional systems. The average traditional HVAC system was $14,300, while the average geothermal cost scenario was $30,771. With incentives included, the average traditional HVAC system was $13,900. The average geothermal cost scenario, after incentives, was $17,373 – a difference of $3,473 or 25%. For context, the incremental cost of the average geothermal cost scenario over the base cost scenario translates to a 1.3% cost increase for a home costing $275,000. Ongoing Expenses To show expected ongoing overall utility expenses, a median residential utility customer was shown below. In the Base Scenario, gas usage was estimated at 600 therms per year and electricity was estimated at 6,000 kWh per year. For the Geothermal Scenario, no gas usage was shown, and electric usage was higher to cover heating needs. 136 The geothermal scenario showed savings on the annual utility bill of $213 less than the traditional system – a savings of 9%. Environmental Impact Geothermal lowers carbon emissions of home by 24% compared to the traditional HAVC system1. Note that installing gas infrastructure “locks in” emissions for at least the useful life of the equipment (~15 years), or potentially the lifetime of the home (30 - 50 years or more). There will always be a floor of carbon emissions if the home relies on fossil fuel for heating. Alternatively, electric emissions per kWh are trending down and will continue to decrease over time. Electric use can also be offset with renewable energy installed at a home or from a community solar program. 1 Electric Emissions are from EPA eGrid Data 2022, for the MROW subgrid Base Scenario Units Cost Geothermal Scenario Units Cost Median Home monthly bills Median Home monthly bills electricity 500 kWh 63.32$ electricity 866 kWh 103.61$ gas 50 therms 73.00$ geo fixed 15.00$ water 600 cf 28.57$ water 600 cf 28.57$ sewer 600 cf 30.82$ sewer 600 cf 30.82$ storm sewer fixed 5.20$ storm sewer fixed 5.20$ TOTAL/mo 200.91$ TOTAL/mo 183.20$ savings 17.71$ Annual Total 2,410.92$ Annual Total 2,198.37$ savings 212.55$ Annual C02e Impact (lbs) Base Scenario Geothermal Scenario electricity 6000 kWh 5,619 electricity 10395 kWh 9,735 gas 600 therms 7,118 Total CO2e impact 12,737 Total CO2e impact 9,735 137 ITEM #:35 DATE:05-28-24 DEPT:P&H SUBJECT:REQUEST TO INCREASE THE MAXIMUM REIMBURSEMENT AMOUNT FOR INFRASTRUCTURE COSTS, INCREASE THE SALES PRICE CAP FOR CERTAIN LOTS, AND WAIVE SPECULATIVE BUILDING CONSTRUCTION PENALTY PAYMENT FOR THE NORTH DAYTON INDUSTRIAL SUBDIVISION COUNCIL ACTION FORM BACKGROUND: The Developer of the North Dayton Avenue Subdivision, Dayton Avenue Development, LLC, represented by Chuck Winkleblack, is requesting that City Council support an amendment to the TIF Development Agreement to address increased development costs and to waive a penalty payment. (See Attachment A) The Development Agreement was approved by City Council in 2023 as part of an effort to incentivize the creation of small size lots for small business development in Ames. The Development Agreement specified, among other things, the number and size of lots, requirement to build speculative buildings, reimbursement through TIF for specified infrastructure costs up to $2,968,264 for items listed in the agreement, and a land sales price cap. The general framework of the agreement built upon previous TIF development agreements for the South Bell area, with the main difference being a TIF rebate to the developer rather than the City using TIF. The basis for the cost exhibit (See Attachment A) in the original agreement was the direct expenses of infrastructure construction, without design services. The agreement specifies that only the items in the exhibit would be eligible for the TIF incentive. The developer has completed the construction of the subdivision improvements and provided invoices to City staff to review in preparation of making their first TIF reimbursement request this year. The developer identified increased costs of infrastructure as one of the basis of the request. Additionally, the developer is requesting to include costs relating to professional services and other items that were previously determined to not be eligible and were in the cost exhibit of the original Development Agreement. The developer is now requesting that the TIF reimbursement cap in the Development Agreement be increased and to change the list of eligible expenses to increase the reimbursement amount by $305,938.58. (See Attachment B for Developers Request) REQUEST FOR REIMBURSEMENT: Staff has provided a breakdown of costs the developer has submitted as part of their request. The breakdown shows the costs separated out based upon the costs that are eligible as directly related to the exhibit included with the original agreement as well as the costs not related to infrastructure that were not part of the original Development Agreement. 1. Infrastructure Cost Overruns related to Exhibit in the Development Agreement- $151,687.05 These are costs directly related to paving, water, electric, sewer improvements. etc. The total expense of these items exceeded the original estimate provided by the developer. 138 2. Developmnent related costs for infrastructure not in the exhibit- $66,867.95 This category includes costs that City Council did not originally agree to for the development of the subdivision. These would be professional services items identified by the Developer such as engineering, inspections, soil testing and Bailey Avenue mobilization which were explicitly excluded from the cost exhibit breakdown in the agreement. 3. New costs being claimed for Development Not Related to infrastructure- $87,383.58 The developer has requested additional development costs be included in the agreement related to general development issues, such as a nearby cemetery preservation, wetland mitigation bank issues, SHPPO review and Bolton & Menk non-infrastructure design services. Staff does not find these costs to be related to infrastructure. The development agreement did not identify any general development costs as an eligible expense. Staff supports the costs related to Item #1 (an additional $151,687.05 ) that are directly related to infrastructure construction for a total of TIF reimbursement cap of $3,119,951.05. However, i f City Council decides to approve the request for original infrastructure costs increases (#1) plus the other two new categories (Items #2, #3) of costs, it would raise the total reimbursement amount to $3,274,202.40 (+$305,938.58). SALES PRICE: The Developer is also requesting that the future $22,000 cost of constructing private stormwater piping on the western boundary of the site to address concerns of Isaac Walton be able to be recouped with the sale of Lot 2. To recoup this extra cost, the developer wants the land sales price cap to allow for $22,000 dollars to be added to the total sales price that is calculated per acre. The current price cap through July 1, 2024 is $108,900. The per acre cost can increase each year after July 1st by $5,445. Staff is supportive of allowing the developer to change the sales price cap for Lot 2 due to the unique stormwater cost to collect and addition $22,000 more than the required per acre cost. FIRST SPECULATIVE BUILDING PENALTY: A third matter has arisen related to the developer's completion of the first speculative building on a small lot. The developer was granted an extension in 2023 to complete the first building by May 1, 2025, to a shell condition. Staff visited the site and noted that the shell was not completed as agreed to. Per the agreement, the developer is required to pay the City a $15,000 penalty fee for its delay. The developer requests (Attachment C) City Council waive the penalty as he believes the building is nearing completion to a shell condition. Staff supports deferring the penalty if the building is in fact completed within the next 30 days per the specifications of the agreement. ALTERNATIVES: 1. City Council can direct staff to prepare an amendment to the Development Agreement to: a. Increase maximum TIF reimbursement by $151,687.05 related to Category #1 for the eligible construction costs listed on the exhibit in the Development Agreement, bringing the total reimbursement to $3,119,951.05 b. Amend the agreement to include a one-time $22,000 sales price increase for Lot 2, in addition to the allowed per acre cost, and c. Direct staff to not proceed with collection of the $15,000 penalty if the building is completed by June 28th. 139 2. City Council can approve an amendment to the Development Agreement based on the request of the Developer to add professional services and other related costs for either or both of Categories 2 and 3 and agree to the land sale price change as well as deferring the penalty collection as described in Alternative 1. 3. City Council can approve an amendment to the Development Agreement for only the land sale price change and and/or not charging a penalty for failure to complete the spec building as previously agreed to. 4. City Council can choose to not amend the agreement. CITY MANAGER'S RECOMMENDED ACTION: After review of the Developers request and eligible costs in the original Development Agreement, staff supports including an amendment for the first category of costs relating to public infrastructure of subdivision in the amount of $151,687.05 and a total TIF reimbursement cap of $3,119,951.05. In staffs view, allowing other costs such as professional services, environmental testing and other engineering costs related to the general development is not keeping with the original intent of the agreement. Certain costs were intentionally not included related to design services and miscellanies development costs based upon our prior history with TIF agreements. Staff also supports the increase sales price for Lot 2 and the temporary delay in collecting the penalty amount. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1. ATTACHMENT(S): Attachment A- North Dayton Industrial Development Agreement.pdf Attachment B- Dayton Avenue Development Request Letter.pdf Attachment C- Developer Email.pdf 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 1 Moore, Justin From:Diekmann, Kelly Sent:Wednesday, May 22, 2024 10:54 AM To:Chuck Winkleblack; Moore, Justin; Jennifer Kapaun Subject:RE: Attached Image Just to me. Kelly Diekmann Planning and Housing Director 515.239.5400- main| 515.239.5181 direct| 515.239.5404 -fax kelly.diekmann@cityofames.org | City Hall, 515 Clark Avenue | Ames, IA 50010 www.CityofAmes.org | ~ Caring People ~ Quality Programs ~ Exceptional Service ~ From: Chuck Winkleblack <chuck@hunziker.com> Sent: Wednesday, May 22, 2024 10:05 AM To: Diekmann, Kelly <kelly.diekmann@cityofames.org>; Moore, Justin <justin.moore@cityofames.org>; Jennifer Kapaun <jenniferk@hunziker.com> Subject: Fwd: Attached Image [External Email] Kelly and Justin, Do I need to send this to the clerk to include in the council packet or will you include it with your information to the council Thanks Charles E. Winkleblack General Manager Hunziker & Associates, Realtors 105 S. 16th Street Ames, IA 50010 515-239-8606 office 515-290-7007 mobile Chuck@hunziker.com Chuck.hunzikerrealty.com Licensed in the State of Iowa 172 2 ---------- Forwarded message --------- From: <printer1@hunziker.com> Date: Wed, May 22, 2024 at 10:01 AM Subject: Attached Image To: Chuck <chuck@hunziker.com> 173 ITEM #:36 DEPT:P&H May 28, 2024 Staff Report REDIRECTION AREAS PRIORITIES BACKGROUND: City Council held an infill design workshop in March of 2023. This workshop was designed to provide general background information on a variety of infill housing interests and design issues related to policies of Ames Plan 2040. Ames Plan 2040 includes a specific Land Use designation known as Redirection Areas for certain previously developed areas identified during the adoption of the Plan that could have significant change over the next 20 years and warranted further study to define use and design priorities before committing to changes. Generally, Redirection Areas are focused on options to add additional housing or mixed-use opportunities, in some cases potentially commercial uses. In December 2023, staff presented a report to Council providing an overview of each of the eight Redirection Areas included within the Plan 2040 future land use map. The presentation was designed to help City Council prioritize opportunities for infill housing that correlated to Plan 2040 implementation priorities. Of those eight areas, City Council directed staff to scope parameters for three areas listed below, in order that City Council could then prioritize a redirection area for study within the Planning and Housing Department Work Plan. A short summary of the intent for each area as identified in December is below, while a more complete overview of each area is included as an attachment. Area #1. South of Campus (Hunt/Knapp): T h e primary opportunity is increased housing, though student-related retail and restaurants might be a complementary fit. Focus would be on a mix of medium-density and high-density housing types. The current base zoning is for high density. The West University Overlay and the East University Overlay cover the area. Area #2. West of Campus Lincoln Way (Campus/Howard/West): The primary opportunity is additional housing, with commercial on Lincoln Way, Campus Avenue, and Hyland Avenue. The original extent of the Redirection Area boundary is very large including a mix of low-density single-family residential and high-density residential zoning. Roughly half of the properties are within the West University Overlay. The Lincoln Way frontage is part of the 2018 Lincoln Way Corridor Plan West District Focus Area. The south side of Lincoln Way is designated Urban Corridor not Redirection Area, but staff would include the frontage between Hyland and State Avenue within this area. Area #7. Northwestern Avenue - West of Downtown: The primary opportunity is housing and small mixed-use. This area is mix of commercial and residential zoning. It was highlighted in December due to potential synergy with the Downtown Plan 174 OPTIONS: Staff has concluded the following about each area in terms of its likely immediate redevelopment potential and potential amount of time needed for outreach, meetings, drafting of standards, consideration of adoption of new standards. Area #1South of Campus (Hunt/Knapp): This area is the most primed for redevelopment. Most of the properties are rentals, eight entities own most of the properties, there are a number of vacant lots, and the housing stock is in poor condition. Adjacent to the Campustown Service Center district, this area could serve as a transition between Campustown and the residential area to the south. Staff believes due to the smaller overall size and clear objectives, the total amount of time needed is 22-24 weeks. Area #2 West of Campus Lincoln Way (Campus/Howard/West): The initial boundaries of this area are quite large and include areas not likely to redevelop from owner-occupied single- family homes, in particular to remove the block in the northwest corner of the along Oakland and Forest Glen. Overall the area is quite diverse in zoning and housing mix with a variety of interests for the area related to housing types and Lincoln Way frontage enhancements. This will be the most time-consuming of the three areas to study in depth and complete outreach. Once the project starts, it may make sense to break the area into subdistricts: Lincoln Way, Near Campus (to the east), and the remainder to address the unique components of area. Staff believes this will have some strong near-term market interest for probably smaller redevelopment options or individual properties because of ownership patterns and land use patterns. Due to the size and diverse interests in this area, staff believes it will require 27-31 weeks. Area #7 Northwestern Avenue - West of Downtown: Staff finds that only the northeast block of this property is likely to redevelop and is not likely in the short term. The catalyst for redevelopment seems dependent primarily on the office buildings, controlled by one entity. These buildings do not appear to be deteriorating and will likely be in use for years to come. It is possible to add the properties on the north side of 6th Street, east of Grand Avenue to this area, as these mostly rental properties are primed for redevelopment. This was noted as a possibility in relation to the Downtown Plan as part of the December presentation. Staff believes due to the small size of the area that only 20-22 weeks are needed to complete all of the outreach and study steps. STAFF COMMENTS: Staff believes that Area #1 is one of the most primed opportunity areas for redevelopment due to proven attraction to the areas related to student housing. This area is adjacent to Campustown, is primarily rentals, has housing in need of replacement, is walkable and a desirable location for university students, and most of the properties are owned by eight entities (which will make redevelopment easier). Staff finds that working on Area #1 will pay dividends the most quickly. This area is also of a manageable size. Area #2 also has great appeal for similar reasons to Area #1, but is more complex and larger in size, therefore requiring more resources for potentially a similar short-term benefit comparable to Area #1. Area #7 was originally listed because of the upcoming Downtown Plan and the thought it had synergy 175 with that Plan. The Downtown Plan has not yet started, and staff believes at this time that this area could be deferred for later consideration with little immediate demand for redevelopment. City Council recently approved an 18-month Work Plan for the Planning and Housing Department. With the approved Work Plan, staff indicated that a time allocation was reserved for one Redirection Area. It was shown to begin later as a project later in 2024 and work into or through 2025. If City Council chooses to prioritize a Redirection Area for study, staff believes starting at the end of 2024 is still appropriate. Starting this project then would follow completion of other ongoing projects, such as, the start of rewriting the Northeast Gateway Commercial Overlay Zoning, and the Council workshop on scoping of the zoning ordinance update. ATTACHMENT(S): Attachment A.pdf Attachment B.pdf Attachment C.pdf 176 ATTACHMENT A REDIRECTION AREA #1: SOUTH CAMPUS (HUNT-KNAPP) - Statistics • 13.69 acres • Approx. no. of units: 192 (not including 3 fraternities) • No. of properties: 54 - Characteristics • Student housing • Numerous owners – However, several owners own roughly half of the properties • Many small properties with SF homes • Mostly rentals • Three fraternities - Potential/Interests • Students desire to live within walking distance of the ISU campus, commercial services • Likely strong market support for student-oriented housing • Could have improved urban, street environment • Housing Types- “missing middle” medium density to high density apartments and mixed use • Potential for ground floor commercial w/ upper story apts. - Barriers • Mostly RH zoning (setbacks and other standards reduce the amount of buildable area and create suburban type development) • West University Overlay (extra parking required) • Small lots in more readily developable areas, may be aggregated • Design quality and conditions of surroundings • Potential opposition to densification, nearby single-family development Estimated Timeline - Initial City Council Direction - Outreach: 3 weeks - Public Meetings: 3 weeks - Council Touchpoint (decision on scope and scale): 2 weeks - Drafting Standards: 4-6 weeks - Additional Public Meetings: 3 weeks - Planning Commission: 3 weeks - Council: 4 weeks Total Estimated Time: 22-24 weeks 177 Aerial Zoning 178 Future Land Use 179 ATTACHMENT B REDIRECTION AREA #2: WEST OF CAMPUS - Statistics • 71.13 acres • Approx. no. of units: 753 • No. of properties: 234 - Characteristics • Primarily Low Density Zoning and High Density Zoning • Apts. to the east, close to campus • SF to west/northwest • Historically, many SF conversions to duplexes • Farther west, more homes owner-occupied • Neighborhood Commercial on West Street near Hyland - Potential /Interests • Comm. opportunities to the east • Comm. opportunities along Lincoln Way • Properties with older rental units could transition to greater density housing • Proximity / walking distance to campus • Area may need to be divided up for study. - Barriers • Current zoning limits intensification and the University West Overlay requires additional parking. • Western neighborhoods (owner-occupied, large lots) will not transition • Site near Hyland previously redeveloped with Apartments and not likely to change • Fractured ownership • Mostly small lots, some common ownership • Potential opposition to densification, nearby single-family development Estimated Timeline - Initial City Council Direction - Outreach: 3 weeks - Public Meetings: 3 weeks (1st meeting) + 1 week (2nd meeting) - Council Touchpoint (decision on scope and scale): 2 weeks - Drafting Standards: 6-8 weeks - Additional Public Meetings: 3-5 weeks (1st meeting) + 1 week (2nd meeting) - City Council touchpoint to confirm final design expectations: 3 weeks - Planning Commission: 3 weeks - Council: 4 weeks Total Estimated Time: 29-33 180 Aerial Zoning 181 Future Land Use 182 ATTACHMENT C REDIRECTION AREA #7: NORTHWESTERN - Statistics • 9.38 acres • Approx. no. of units: 41 • No. of properties: 31 - Characteristics • Mix of commercial and residential • Several large, comm. properties • Comm. properties owned by a few groups • Owner-occupied homes to the west - Potential/Interests • Proximity to Downtown • Natural extension of Downtown as Main Street becomes Northwestern Avenue • Commercial exists along Grand • Some properties have aging buildings that could be replaced - Barriers • Owner-occupied homes in good condition and unlikely to redevelop • May not be market for additional commercial and multifamily at the west end of Downtown • Cost of redevelopment could be high • Limited access from Grand Estimated Timeline - Initial City Council Direction - Outreach: 2 weeks - Public Meetings: 2 weeks - Council Touchpoint: 2 weeks - Drafting Standards: 4-6 weeks - Additional Public Meetings: 3 weeks - Council Touchpoint: 2 weeks - Planning Commission: 3 weeks - Council: 4 weeks Total Estimated Time: 22-24 weeks 183 Aerial Zoning 184 Future Land Use 185 ITEM #:37 DATE:05-28-24 DEPT:P&H SUBJECT:JOINT USE PARKING PLAN FOR 214 S. SHERMAN AVENUE COUNCIL ACTION FORM BACKGROUND: Shelter Housing Holdings, LLC (d.b.a. The Bridge Home) has submitted development plans to construct a new building located at 214 S. Sherman Avenue that would include uses of a homeless shelter, offices, and community space. Bridge Home is requesting approval of Joint Use Parking Plan whereby 18 of the 54 spaces would be shared, resulting in a reduction to the total amount of parking provided on-site (see Attachment A, Addendum). With approval of the proposed parking plan, the applicant can continue with their required special use permit application for the operation of Social Service Provider use to be approved by the Zoning Board of Adjustment. The site, located at 214 S. Sherman Avenue is at the southeast corner of S. Sherman Avenue and S. 2nd Street (see Attachment B, Location & Zoning Map). This site is across the street from 207 S. Sherman Avenue site which is also owned by the Bridge Home and the site of the construction of a separate extremely low-income transitional housing building. The subject property is zoned as “HOC” (Highway Oriented Commercial) and has a “O-SLF” (South Lincoln Fringe Overlay). The use of the building for Social Services will require Zoning Board of Adjustment (ZBA) approval of a Special Use Permit. A Location and Zoning Map is included as Attachment B. As required by the South Lincoln Fringe Overlay zone, the planned building faces S. Sherman with its main entrance also toward S. Sherman. Parking lot access will occur from both S. Sherman and the alley at the rear of the site. The project includes a total of 34,580 square feet of gross floor area, of which approximately 17,256 square feet is office, 15,620 square feet is a social service use of a "shelter", and 1,704 square feet is community facility. The shelter component will include 40 independent shelter rooms with individual beds and five family shelter suites. The shelter includes other ancillary functions of administration, a day room, shower, storage, and dining area. The amount of required parking for the Shelter, Office, and Community use totals 85 required parking spaces per the zoning ordinance parking rates of: Shelter Rooms - Individual Shelter at 1 space/3 beds(comparable to group living fraternity/sorority rate) ; Family Shelter at 1 space/unit (comparable to hotel room rate); Office - 1 space/300 SF; and Community Room - 1 space/200 SF. Attachment C, Parking Exhibit with draft Minor Site Development Plan, illustrates the category of each use on the floor plan along with the associated parking rate. The site plan included in this exhibit illustrates the proposed 54 space parking lot design and the location of the proposed joint use spaces. Although 85 spaces are required for each distinct use on the site, the applicant has requested parking reduction as allowed by the zoning ordinance, subject to Planning Director approval. Parking reductions of a total of 13 spaces are allowed for the combination of increased landscape area in the parking lot (8 spaces) and bicycle parking (5 spaces). These reductions will reduce the required parking to a total of 72 parking spaces. The proposed reduction of 18 spaces with the Joint Use Parking Plan, would further reduce the parking required for the site to 54 spaces. The Off-Street Parking Calculations is 186 included as Attachment D. In accordance with Section 29.406(17)(b), the City Council may approve the application for a Joint Use Parking Plan subject to the following findings: The analysis presents a realistic projection of parking demands likely to be generated. Peak demand is sufficiently distinct so that the City Council is able to clearly identify a number of spaces for which there will be an overlap of parking demand. Rights to the use of spaces are clearly identified so as to facilitate enforcement. A Parking Analysis was provided by the applicant utilizing projected staffing, volunteers, partners, shelter guests and day-hab clients for the peak demand of each use. These details are included in Attachments E, Parking Analysis Table and Attachment F, Parking Analysis Bar Chart. Because the Bridge Home will not be fully staffed at the time of opening, the applicant has included a 10-year projection (2035) illustrating the facility at full operational capacity. The staffing and operations of the office space is projected at 38 spaces compared to the zoning ordinance general parking requirement of 56 spaces before crediting reductions. Full review of operational aspects of the uses will be part of the Special Use Permit review with the ZBA. Staff finds the analysis presents a realistic projection of the parking demand likely to be generated by the mix of uses with the operation described by the applicant. The analysis illustrates a 24-period based in 30-minute increments. The highest peak use is 10 am – 3:30 pm for a total of 35-38 parking spaces when the office use has the highest use and the shelter at its lowest demand. The lowest use demand is 8:00 pm – 7:30 am for a total of 17-20 parking spaces when the shelter is the most active use with overnights stays. Since the office and community uses are 8:00 am – 5:00 pm, and the shelter use is 5:00 pm – 7:30 am, the peak demand is sufficiently distinct and can be met by the 54 spaces. The proposed Joint Use Parking Plan Agreement allows the sharing of eighteen (18) on-site parking spaces due to this differentiation of peak demand. The applicant has indicated the location of these shared spaces on Exhibit A of the Agreement. The applicant controls all of the uses on the site and the parking lot. Therefore, rights to the use of the spaces have been identified adequately should enforcement later be necessary. The proposed Joint Use Parking Plan Agreement is included as Attachment G. It describes the proposed 54 parking spaces provided on site, along with associated parking rates, parking count, and the identification of the eighteen (18) joint use spaces. The agreement ensures that the proposed use of the site matches the use of the property and the applicant’s request to reduce the required parking. The Agreement also includes a provision that if there is a change of use or if there should be demonstrable impacts on the adjacent streets and parking from the reduced parking, the City Council could modify or cancel the Agreement. If the agreement is modified the property owner would need to provide additional parking onsite. The applicant could remove landscape features and add some additional parking if required. ALTERNATIVES: 187 ALTERNATIVES: 1. The City Council can approve the Joint Use Parking Plan Agreement for the proposed shelter housing, office, and community space, at 214 S. Sherman Avenue. 2. The City Council can approve the Joint Use Parking Plan Agreement for the proposed shelter, office, and community space, at 214 S. Sherman Avenue, with modifications to include additional parking spaces on site and increase the total number of spaces provided. 3. The City Council can deny the Joint Use Parking Plan Agreement application for 214 S. Sherman Avenue. 4. The City Council can refer this request to staff for more information. CITY MANAGER'S RECOMMENDED ACTION: Staff concludes that the parking projections included in the Joint Use Parking Plan for 214 S. Sherman Avenue are realistic in illustrating the peak parking demands based upon the description of use where the shelter has little demand during the day and that the office occupancy demand is very low in the evening. A key component of accepting the Joint Use Parking Plan with the allowed on-site parking reduction is that the City Council can choose to cancel the agreement if there is a future determination of insufficient parking to accommodate the mix of uses on the site and there are demonstrable impacts on the surrounding area. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1. ATTACHMENT(S): Attachment A - Addendum.pdf Attachment B - Location & Zoning Map.pdf Attachment C - Parking Exhibit with Site Plan.pdf Attachment D - Parking Calculations.pdf Attachment E - Parking Analysis Table.pdf Attachment F - Parking Analysis Bar Chart.pdf Attachment G - Joint Use Parking Agreement.pdf 188 4 ATTACHMENT A Addendum Approval of a Joint Use Parking Plan. When acting upon an application for approval of a Joint Use Parking Plan, the City Council may approve the Plan if it finds that the criteria described in Section 29.406(17)(b) of the Zoning Ordinance are met by the application. These criteria, along with the applicant’s and staff’s responses, are provided below. 1. The analysis presents a realistic projection of parking demands likely to be generated. Applicant’s Response: The property located at 214 S. Sherman Avenue shall consist of one building containing three uses: Homeless shelter, non-profit organization offices/services, and community gathering. A “partner office suite” has been incorporated into the first-floor building layout and will be used for agencies meeting with clients. Meeting rooms may be rented to partners but The Bridge Home, TBH, will not be leasing office space full time to any agency. The building will be solely owned by Shelter Housing Holdings, LLC 225 S. Kellogg Ave, Ames, Iowa 50010. All parking for the building will be located on site and is sufficient to accommodate the proposed uses. Shelter - Family Use: 1 space/guest room This shall be used for the 5 shelter family suites located on the first floor. Length of stay for families typically ranges from 30-90 days. Shelter – Individual Use: 1 space/3 beds This shall be used for the 40 single rooms located on the second and third floors of the south portion of the building. Length of stay for individuals typically ranges from 30-90 days. Office: 1 space/300 SF This includes all spaces used for admission, administrative staff offices, shelter staff offices, partner meeting rooms, conference rooms, staff break rooms, donation storage, and Dayhab clients. Community: 1 space/200 SF This includes the large community room and kitchen area on the first floor. Office staff will utilize parking primarily between the hours of 8:00 am and 5:00 pm and the shelter clients will utilize parking primarily between the hours of 5:00 pm and 7:30 am. Therefore, we are requesting that the 18 shelter client stalls be shared with the office use. The 18 designated shared use parking stalls are included as Exhibit A to the Parking Agreement. The table on the following page summarizes the calculation of the total parking stalls provided on this site. A Parking Analysis was conducted by the applicant utilizing projected staffing, volunteers, partners, shelter guests, and Dayhab Clients 10 years from date of opening (Year 2035). The following assumptions were made: 189 5 Administrative and development staff will be in the office primarily between 8:00 am and 5:00 pm. This is currently 8 staff members and is planned to grow to 17 over the next ten years. Shelter staff will be continually coming and going to and from field work. As TBH opens offices in the other four counties it serves, fewer hours will be worked at this office. It has been determined that five Shelter Staff will be the maximum number working out of this facility. Shelter staff will work staggered shifts with no more than 3-4 people on shift at any given time, and fewer after 7:00 pm. It is a goal to stipend current shelter clients to be part of the evening and overnight team and therefore it is not anticipated that shelter staff numbers will increase. First shift is from approximately 8:00 am – 4:00 pm; Second shift is from approximately 4:00 pm – 12:00 am; Third shift is from approximately 12:00 am – 8:00 am. Partners will be using/renting meeting rooms for meetings with clients during regular business hours from 8:00 am – 5:00 pm. TBH will not be leasing office space full time to any agency. Nutrition kitchen classes will happen in the early to mid-evening, maybe twice per month in the community space. It is assumed that 2-5 vehicles will be coming and going between 5:00 pm and 7:00 pm, as many participants will be housed in the building or in the building across the street. Vehicles arriving to participate in nutrition classes have been assigned to the Community use category. Volunteers will be staffing the welcome office on the north side of the building, as well as receiving and sorting donations. Donations will be stored in the north basement. It is anticipated that the facility will have 3-5 volunteers maximum at any given time, and often 1-2 at a time. Volunteers have been assigned to the Community use category. The community space will be used for community gatherings, primarily for TBH staff and clients. A maximum of 8 parking stalls may be used for the occasional gathering or catered meal in the evening from 5:00 – 8:00 pm. Shelter clients will be able to arrive after 5:00 pm and throughout the evening. Those without jobs will be required to be in before 10:00 pm. Anyone working evenings/nights will be allowed to come and go according to their schedule but will likely have to sleep within the regular hours unless a rare exception is made to allow them to be present during the day. Approximately 4-10 Dayhab clients will arrive daily to warm up, cool down, take a shower, do laundry, use a computer, or meet with a case worker/other social service professional/partner in one of the meeting rooms. It is anticipated that an average of 4 vehicles will be on site at any one time from 8:00 am – 3 pm for Dayhab clients. One custodian will clean the building daily between the hours of 6:00 am and 1:00 pm. The above assumptions were used to assign parking spaces to the various uses on site throughout a 24-hour period on a maximum occupancy day. Refer to the attached “Parking Assignments for Year 2035” for arrival and departure data per use. The following graph summarized the number of parking stalls occupied throughout the day on site at year 2035. It is anticipated that 38 parking stalls will be occupied during the peak parking period of 10am-12pm. The attached table and bar chart, provided by the applicant (Attachments E and F, Parking Analysis Table and Parking Analysis Bar Chart), illustrate each half an hour increment throughout the day. 190 6 Staff’s Analysis: Table 29.406(2) of the Zoning Ordinance requires parking to be calculated separately for each separate category of use on a site: Shelter Rooms - Individual Shelter at 1 space/3 beds; Family Shelter at 1 space/unit; Office - 1 space/300 SF; and Community - 1 space/200 SF. It is assumed that different people come to the site for the different uses, and it is reasonable to assume that the minimum parking required by the ordinance will only be needed at the peak use times. In this case, the minimum parking required by Table 29.406(2) for the office and community use alone (54) exceeds the peak demand of all users combined (38), at any point throughout the day as calculated by the applicant. The highest peak use is 10:00 am – 3:30 pm for a total of 35-38 parking spaces. The lowest use demand is 8:00 pm – 7:30 am for a total of 17-20 parking spaces. The analysis presents a realistic projection of parking demands likely to be generated. 2. Peak demand is sufficiently distinct so that the City Council is able to clearly identify a number of spaces for which there will rarely be overlap of parking demand. Applicant’s Response: The applicant indicates that it is anticipated that 38 parking stalls will be occupied during the peak parking period of 10am-12pm. Staff’s Analysis: Since the office and community uses are 8:00 am – 5:00 pm, and the shelter use is 5:00 pm – 7:30 am, the peak demand of 38 onsite spaces is sufficiently distinct from other times of the day, as illustrated in the Parking Analysis Table (Attachment E) & Bar Chart (Attachment F). The applicant has illustrated that the parking demand can be met by the 54 spaces. The peak demand is sufficiently distinct so that the City Council can clearly identify a number of spaces for which there will rarely be overlap of parking demand. 3. Rights to the use of spaces are clearly identified, so as to facilitate enforcement. Applicant’s Response: The proposed Joint Use Parking Plan Agreement allows the sharing of eighteen (18) on-site parking spaces due to this differentiation of peak demand. The Parking Exhibit (Attachment C) identifies the shared parking locations. Staff’s Analysis: The agreement includes a provision that if there are negative impacts to the surrounding roadways (E. 2nd Street and S. Sherman Avenue) from use of the site related to the reduced parking, the agreement may be modified or cancelled. Location of the eighteen spaces has been identified, if needed for enforcement. 191 7 Attachment B Location and Zoning Map 192 8 Attachment C Parking Exhibit with draft Minor Site Development Plan 193 9 Attachment D Proposed Off-Street Parking Calculations 194 10 Attachment E Parking Analysis Table 195 11 Attachment F Parking Analysis Bar Chart 196 197 198 199 200 201 ITEM #:38 DATE:05-28-24 DEPT:W&PC SUBJECT:NUTRIENT REDUCTION MODIFICATIONS PROJECT PHASE I - PROFESSIONAL SERVICES AGREEMENT AMENDMENT NUMBER 2 COUNCIL ACTION FORM BACKGROUND: On June 28, 2022, City Council approved a professional services agreement with Strand Associates for the planning, design, and bidding phases of the Water Pollution Control Facility (WPCF) Nutrient Reduction Modifications Project. The agreement provided for a fee of $1,655,000, plus $20,000 of hourly services for extraordinary permitting assistance as needed. On May 9, 2023, Council approved an amendment to the original agreement in the amount of $763,000 as a result of the decision to construct the project in two phases instead of three which was estimated to save approximately $4 million. The agreement currently in place covers services through the bidding phase of the project. The Council Action Form that accompanied the first amendment included the following: "...Council should also be aware that an additional amendment will be needed around the time of award of the construction contract. This future change order will add construction phase engineering services such as shop drawing review, pay request review, change order preparation, and State Revolving Fund coordination with the Iowa Department of Natural Resources and the Iowa Finance Authority. It may also include Resident Project Review to provide continuous construction oversight." Staff is now presenting Amendment #2 for Council approval. The work included in Amendment #2 includes two general categories. One is the construction phase engineering services. This includes items such as shop drawing reviews, pay application reviews, design and processing of any construction change orders, monitoring the construction schedule, coordinating regular progress meetings, and responding to questions by the contractor and the City. The other category is for Resident Project Review (RPR). This provides a staff member from the consultant as a near full-time observer throughout the construction phase. City staff will also be regularly overseeing the work; however, staff does not have the same specific expertise or availability as the consultant to provide the level of oversight required. The proposed amendment is for an amount up to $3,600,000 on an hourly basis plus expenses. Staff has held detailed discussions with the consultant to review the scope of work to be provided during the construction phase to confirm that the City and Strand have the same understanding of the details in the scope of work. Strand has provided the following breakdown on their proposed fees. Note that the agreement is structured as a single "not to exceed" amount and is not broken down as shown below. The breakdown shown is intended to illustrate how the services of the engineer are likely to be utilized during the project. Every contract, and every contractor, are unique and the amendment is structured to allow staff to direct the engineer's time to be used where it is needed. 202 TASKS BRIEF DESCRIPTION ESTIMATED HOURS TOTAL COST (INCLUDING EXPENSES) Task 1 - Construction Administration Shop Drawings and Submittals Review shop drawing submittals 3,600 $710,000 Project Administration Review initial schedule of values; attend pre-construction conference; attend up to 33 monthly construction progress meetings; review monthly pay requests and forward recommendation to City; periodic and milestone on-site inspections by engineering disciplines, estimated at 20 visits over the project duration. 6,030 $1,190,000 Cost Proposal Requests and RFI's Review and respond to construction contractor requests for information; process contractor change orders; send cost proposal requests to City for review and to contractor for possible changes in work scope 800 $158,000 Completion Reviews Conduct partial utilization review and one substantial completion review for the Administration Building; conduct partial utilization review and one substantial completion review for the remainder of the project; develop a substantial completion list of items to be completed or corrected; conduct one final completion review. 960 $189,000 Task 2 - RPR Services On-site construction observation. Assumes an average of 38 hours per week over a 36 month project duration (some works will require more and some will require less); reviews work in progress to assist engineer in determining that work is in conformance with the contract documents; observe all equipment installations, start- ups, and performance tests; review and track equipment certificates, O&M manuals to confirm that the final documents presented to Owner match the equipment actually installed. 6,000 $989,000 Task 3 - Start- up and Training Provide up to 480 hours of start-up assistance; observe start-up and training by equipment manufacturers for each major piece of equipment; conduct classroom training sessions for operators; Provide up to an additional 120 hours of activated sludge start-up and training assistance. 600 $120,000 Task 4 - O&M Manual Provide new Operations and Maintenance manual for processes. Includes hard copies and electronic versions with hyperlinked file structure. 750 $139,000 Task 5 - Record Drawings Record drawings provided by contractor, RPR, and Owner's notes during construction; includes "rectified" drawings and updates to the 3-D model 320 $50,000 Task 6 - SCADA Review Review contractor-designed modifications to the existing SCADA and human-machine interface graphics; work with contractor on new and existing process control logic; attend contractor-led acceptance testing at contractor’s facility for programmable logic controller-based panels. Attend site acceptance testing at the WPC facility. Includes up to two five-day trips to the contractor's testing facility and up to five two-day trips to the WPC Facility. 280 $55,000 TOTAL 19,340 $3,600,000 203 As a check of the "reasonableness" of the proposed fees, staff compared Strand's total fees (design, bidding, and construction phases) as a percent of the overall project cost and compared it to the engineering fees paid for similar types of construction work. PROJECT TOTAL ENGINEERING FEES OVERALL PROJECT COSTS ENGINEERING AS A PERCENT OF TOTAL PROJECT COSTS Old Water Plant Demolition 277,200 2,893,289 9.6% WPC Nutrient Modifications Phase 1 (this project) 6,038,000 55,290,000 10.9% Low Head Dam Modifications 139,320 1,055,086 13.2% New Water Treatment Plant 10,139,277 69,379,809 14.6% Methane Generator 1 Replacement 268,000 1,790,278 15.0% Digester Rehabilitation Phases 1 & 2 496,643 3,299,041 15.1% WPC UV Disinfection 441,809 2,590,803 17.1% The ratios shown above suggest the fees proposed by Strand are "reasonable" for the type and magnitude of work. The updated project budget is as shown below. Expense Funding Engineering Original Agreement (design and bidding)1,675,000 Amendment #1 763,000 Amendment #2 (this action)3,600,000 Other Professional Services Geotechnical 16,620 Commissioning 74,600 Special Inspections (estimated)75,000 Construction (Engineer's OPCC)44,770,000 Owner's Equipment Allowance 275,000 Owner's Contingency 4,040,780 Project Funding FY 22/23 CIP Actual Expenses 1,000,473 FY 23/24 CIP Final Amendment 2,289,527 FY 24/25 CIP Adopted 25,760,000 FY 25/26 CIP Projected 26,240,000 TOTALS 55,290,000 55,290,000 204 ALTERNATIVES: 1. Approve Amendment Number 2 to the professional services agreement with Strand Associates for construction phase services related to the Water Pollution Control Facility Nutrient Reduction Modifications Phase 1 Project in the additional amount of $3,600,000, bringing the total contract amount to $6,038,000. 2. Do not approve the amended scope and fees and provide guidance to staff regarding technical and observation services during the construction phase. CITY MANAGER'S RECOMMENDED ACTION: When Council approved the original agreement with Strand Associates in June 2022, changes to the scope of work were anticipated, as the details of the project were still being developed and refined. When Council authorized Amendment No.1 in May 2023, staff was again emphasized to the Council that a future amendment will be necessary. Staff has met with the consultant multiple times and reviewed the proposed scope of work during the construction phase of the project. An important element is the inclusion of a full-time resident project reviewer from the consultant to be on-site to observe the work in progress and serve as a liaison between the contractor and the design team. Funding for these services was anticipated and is included in the adopted Capital Improvement Plan. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 205 ITEM #:39 DATE:05-28-24 DEPT:PW SUBJECT:HYLAND AVENUE BICYCLE AND PEDESTRIAN FACILITIES COUNCIL ACTION FORM BACKGROUND: At the May 14th meeting, the attached memo was presented to City Council explaining the existing bike and pedestrian facilities on Hyland Ave and the potential alternative for construction of a shared use path on the west side of Hyland Ave from Oakland St to Ontario St. Staff discussed this alternative with WHKS and whether this change to the design scope could be done under the current contract or if cost adjustment would be required. WHKS stated that the design scope would be expanded beyond the original design scope that focused on patching and rehabilitation of the existing pavement section of Hyland Ave. This change in scope would require additional survey, the design of the shared use path, a new cross section from Ontario St to Oakland St, and a transition section from the shared use path to the bike lanes at Oakland St. This additional work would result in a $13,700 increase to the current design agreement, resulting in a total contract of $155,900 with WHKS. 1. Staff requested WHKS provide construction estimates that would include two options for shared use path construction along the west side of Hyland Ave from Oakland Street to Ontario Street. Ba s e - The original scope for the Hyland Ave project to continue with on-street bike lanes (no shared use path) including: Rehabilitation of the existing pavement from Ontario to Pammel Various patching for sections of Hyland Ave from Pammel to Lincoln Way. The estimated cost of the original project is $1,700,000. Option 1 - The first alternative that would include a shared use path and: Reduce the roadway width by 9' with reconstruction from Ontario to Pammel. Remove 9’ of existing pavement and replace with new curb from Pammel to Oakland Patch from Oakland to Lincoln Way The estimated cost for this scope is $1,800,000. Option 2 - The second alternative to include shared use path and: Change to project scope to full reconstruction from Ontario to Oakland at 9’ narrower than the existing pavement. Oakland would be the southern project terminus. No patch or any other type of road work would occur south of Oakland. The estimated cost of this approach is $1,930,000. The Hyland Ave project began with an initial scope of being a rehabilitation project with all planned work within the existing curbline. With this concept, a shared use path was not considered with the project due to limited space available in the right-of-way. After a further in- depth review of existing pavement conditions, the section of Hyland Ave from Ontario to Pammel was determined to need full reconstruction. Therefore, a full reconstruction through this section 206 with a narrower pavement width would then allow for adding a shared use path to the west side of Hyland Ave., thereby increasing safety for bicyclists. The total revenue available for this project is $2,648,080. The updated WHKS design expense of $155,900, along with estimated staff construction administration expenses of $250,000, would leave $2,242,180 available for construction. This provides adequate funding to add a shared use path and make patching improvements in the full original project corridor from Lincoln Way to Ontario Street, in accordance with Option 1 above, and maintain a $442,180 project contingency. ALTERNATIVES: 1. Direct Staff to amend the design scope of the Hyland Ave project to include a shared use path on the west side of Hyland Ave in accordance with Option # 1, noted above. 2. Direct Staff to amend the design scope of the Hyland Ave project to include a shared use path on the west side of Hyland Ave in accordance with Option # 2, noted above. 3. Direct Staff to maintain the current design with bike lanes on Hyland Ave. CITY MANAGER'S RECOMMENDED ACTION: The recent determination that full pavement replacement is required north of Pammel Drive will allow the space in the right-of-way for construction of a shared use path on the west side of Hyland Ave between Oakland St and Ontario St. There are adequate project funds to add this section of path and also complete the needed patching work south to Lincoln Way while maintaining a project contingency of over $440,000. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. It should be noted that there is not sufficient room to construct a shared use bike path from Oakland to Lincoln Way in any of the alternatives. ATTACHMENT(S): Memo - Hyland Avenue Bicycle and Pedestrian Facilities.pdf Hyland Ave Project Location Map.pdf 207 208 209 2024/25 Arterial Street Pavement Improvements Open trenching Sanitary Force main on South side of East Lincoln Way Lift Station Single Lane Alternating Traffic North Side of intersection LINCOLN WAY ROSS RD WEST ST ONTARIO ST PAMMEL DR OSBORN DR OAKLAND ST WOODLAND ST ST A N G E R D WA L L A C E R D BI S S E L L R D CA M P U S A V E FR A N K L I N A V E SH E L D O N A V E MO R R I L L R D GA R F I E L D A V E WO I R D BEYER CT STORY ST FA R M H O U S E L N IO W A A V E ELLIS ST SC O T T A V E WANDA DALEY DR ANNEAR ST WE L C H R D MA R S H A L L A V E MO R R I L L R D ¯Project Location Hyland Ave: Lincoln Way to Ontario St. 210 ITEM #:40 DEPT:PW May 28, 2024 Staff Report SOLID WASTE COLLECTION AND DISPOSAL FOLLOW-UP BACKGROUND: On May 16, 2023, the City Council held a workshop regarding solid waste management. During that workshop, staff presented the City Council with feedback from haulers concerning the possibility of an organized collection system, in addition to the results of follow-up questions to the Waste-to-Energy Options Study. Since the May 16, 2023 workshop, staff has been examining the overall waste collection and disposal system in the community to understand the issues that will face this system in the next few months and beyond, and to identify the available options to provide economical and environmentally responsible collection and disposal of solid waste. Some key issues were highlighted at the January 9, 2024 review of the Seven Initial Implementation Steps for the Climate Action Plan. These issues are described below in more detail, and include the following: Issue 1 - Maintenance and Reliability Issues The City’s waste-to-energy (WTE) system relies on a consistent flow of material from one stage to the next, with some limited ability to accommodate surges in material or equipment downtime before garbage haulers are diverted to the landfill, under our current operating paradigm. The four major components involved in the WTE system are 1) the Resource Recovery Plant (approaching 50 years of operation), 2) the refuse-derived fuel (RDF) bin, 3) the Unit #7 boiler (commissioned in 1967) and 4) the Unit #8 boiler (commissioned in 1982). T h e Resource Recovery Plant is subject to a comprehensive routine maintenance program and has experienced various equipment upgrades and reconfigurations since opening. Although there are space limitations in the existing facility, it remains capable of operating into the foreseeable future. The adopted FY 2023-28 Capital Improvements Plan (CIP) contains approximately $1.75 million in primarily preventative maintenance projects for the facility. The current RDF bin has been in service since 1996. The bin is constantly being corroded by the moisture present in the RDF. Therefore, the bin has just completed a $1,608,028 project to repair or replace structural supports and wall panels. This work was identified as the most necessary to keep the bin operational as the City determines whether to pursue an alternative to the existing WTE system. Other significant upgrades and repairs will be necessary if the bin is to be used for the WTE system in a long-term manner. Any such additional work necessary is not reflected in the adopted Capital Improvements Plan. This maintenance and repair work can result in a chokepoint in the WTE system, as the bin’s capacity is periodically reduced. When this occurs, the result is that either haulers must be diverted to a landfill, or Resource Recovery must accept the material and arrange for it to be disposed of. The latter option is operationally challenging and results in higher costs. Units #7 and #8 have undergone significant modification and repair in the past ten years, beginning with 211 the conversion of both units from coal-fired to natural gas-fired in 2016. Following conversion of the units to natural gas, it was observed that accelerated corrosion occurs in places where the combustion gases come into contact with boiler components. It is believed that prior to 2016, the coal and the associated ash provided a protective layer against corrosion from combusting RDF within the boiler. This protection is not present when firing RDF with natural gas. In 2019, the Electric Utility completed a project for approximately $8 million to replace significant portions of the Unit 7 boiler, including sections of new Inconel overlayed tubes. This special tube is more resistant to the kind of corrosion experienced when co-firing RDF and natural gas. Portions of the Unit 8 boiler were replaced with Inconel-coated tubes in 2020 at a cost of approximately $7 million. Other portions of the boiler are protected with field-applied Inconel spray coatings. However, the spray coating does not adhere well and reapplication is required on a regular basis to maintain protection in this boiler, at a cost of approximately $1 million per year. Some areas of each boiler remain unprotected against corrosive gases (i.e., they are not coated with Inconel either because of the cost involved or the inaccessibility of the areas) and are therefore susceptible to premature failure. Corrosion thins the boiler tube walls and eventually results in boiler tube ruptures. These ruptures are disruptive events that require the unit to be shut down, cooled, repaired, tested, re-fired, and brought back online. This process takes at least four days for a straightforward tube repair that is swiftly addressed. More complex repairs or contractor issues may increase the downtime. During such an outage, the ability to accept garbage from haulers may be curtailed or halted entirely, depending on storage availability and the ability to burn RDF in the other boiler. Additionally, plant outages negatively affect capacity amounts needed to meet regional electric grid requirements, causing the Electric department to purchase capacity. When the unit trips offline, premature wear occurs in other Power Plant components (e.g., large steam valves that operate quickly to cut off the flow of steam to the turbine). The stress of repeated tube ruptures, a boiler environment of accelerated corrosion, and the age of Units 7 and 8 raise concerns about the long-term viability of Unit 7 and Unit 8 operation and using these units to dispose of RDF in the current manner. Electric Services staff is in the process of retaining a consultant to evaluate the remaining lifespan of the existing units. This evaluation will take into consideration the state-of-repair of the units, the conditions experienced by them, and the availability of replacement parts and equipment. Issue 2. - Natural Gas Prices and Carbon Footprint The Power Plant’s Air Permit limits the amount of RDF that may be burned. RDF may make up no more than 10% of the total fuel by Btu in a calendar quarter. Therefore, significant quantities of natural gas must be purchased to burn the RDF within the permit limits. The electric production costs during the first several years of the Power Plant’s operation on natural gas benefitted from favorable pricing for natural gas commodity and transport contracts. The natural gas pricing in effect through the end of calendar year 2023 was $2.77 per MMBtu. This pricing allowed the utility to purchase enough natural gas to burn approximately 30,000 tons of RDF per year. On September 8, 2023, a natural gas delivery contract was approved for calendar year 2024 at a price of $3.60/MMBtu. This pricing is a 30% increase in the unit price of gas compared to the 2023 contract. To reduce the impact to electric service customers bills for the increased cost of natural gas, less gas will be purchased in the winter months of January, February, March, November, and December. This 212 arrangement tempered the overall budget increase for natural gas. The fuel expenses for FY 2023/24 increased approximately $1,500,000 over FY 2022/23, while also requiring a decrease in the amount of RDF delivered to the Power Plant in months where less gas is purchased. The result is a decrease in RDF throughput from 30,000 tons per year to 27,000 tons per year for FY 2023/24, and further reduced to 25,000 tons in FY 2024/25. The material that cannot be burned must therefore be diverted from the waste stream before arriving at Resource Recovery (through diversion/recycling) or must be landfilled. Additional electricity is purchased on the open market to compensate for the reduction of electricity produced by the Power Plant during the winter months. The quantity of natural gas being purchased through this strategy is estimated to cost an additional 3% on electric customers’ bills once fully phased in (through the Energy Cost Adjustment, calculated on a rolling 12-month period). If natural gas prices continue to increase in future years (calendar year 2025 and beyond), holding the budget flat will cause staff to purchase less natural gas. The Power Plant would have to further curtail acceptance of RDF in order to avoid more substantial cost increases to electric customers. Independent of the cost issues associated with natural gas purchases, the natural gas required to be combusted in the current system also presents an obstacle to achieving the goals associated with the Climate Action Plan. In a report provided to the City Council on January 9, 2024, staff indicated that “[…] approximately 47.31% of the City’s electricity is produced by the Ames Power Plant as an indirect result of burning RDF. Given the ratio of gas to RDF that is required by our permit to be burned in our boilers, we will be prevented from achieving more than a 55% carbon reduction” if the RDF combustion continues in the process currently used. It should be noted, however, that the waste-to-energy process does offset some greenhouse gas emissions that would be emitted compared to most alternative scenarios involving a landfill. Landfills are usually located farther away from the population concentration, resulting in longer truck trips and associated emissions. Additionally, landfills produce methane and other greenhouse gases (unless methane capture equipment is in place, capturing a portion of the methane), which are not produced in a waste-to-energy system. Issue 3. - Capital Investment Required for WTE Options Study Alt. 2A The issues described in #1 and #2 above were intended to be avoided or resolved through solutions identified in the Waste-to-Energy Options Study (final report delivered in 2022). However, the least costly alternative identified in that study (which involves reusing a significant amount of existing infrastructure and constructing a small, dedicated RDF boiler and associated pollution control equipment) was estimated to cost approximately $120 million to construct. The dedicated boiler would use only a small amount of natural gas to initiate the waste combustion, thereby eliminating the need to procure and burn approximately 3.8 million MMBtu per year of natural gas (4.4 million MMBtu prior to 2024). Electricity produced at the Power Plant would be significantly decreased and would be offset by purchases on the day-ahead/real-time energy markets, or by investing in new generation, such as wind and solar projects. Staff has had conversations with another engineering firm specializing in the waste-to-energy sector in Europe. This firm believes the capital investment required to construct a WTE system for the City may be substantially less than the $120 million estimated in 2022, but it is unclear as of the time of this writing what the true range of costs may be. Assuming the costs remain in the neighborhood of $100 million and above, there are limited options to finance construction. The most viable option would 213 be to issue Electric revenue bonds, which would require significant increases in electric rates. In addition, issuing bonds in the amounts necessary to construct a new waste-to-energy boiler would utilize a significant amount of the Electric utility’s debt capacity. In turn, the Electric utility would be limited in its ability to finance investments necessary to maintain reliability and meet grid obligations, and limited in the ability to pursue initiatives the Council may wish to pursue to achieve the goals of the Climate Action Plan, such as investing in new renewable energy production projects. Staff met with Metro Waste Authority (MWA) representatives on several occasions in 2023 and 2024 to discuss interest in potential partnerships regarding a variety of solid waste solutions. MWA staff indicated their interest in a waste-to-energy partnership with Ames, including the possibility of financing some of the capital investment. Although MWA’s landfill facilities have substantial available capacity, waste-to-energy is seen by MWA staff as a strategy to reduce the eventual filling of the landfills in the next several decades. City staff ’s impression is that the level of investment MWA may be willing to provide would be proportionate to the amount of capacity in the WTE system that would be used. The $120 million figure developed through the Waste to Energy Options Study assumed the commissioning of a 5 MW RDF unit. Such a unit would be sufficient to dispose of 100% of the Resource Recovery System’s expected daily throughput of 150 tons of RDF through 2045. Another alternative (with a higher capital cost) would be to repurpose a retired turbine-generator to construct a 12.5 MW unit for dedicated RDF combustion. This would provide the ability to handle approximately 350 tons of RDF per day, meaning capacity might exist for another 200 tons per day of RDF produced by MWA. If an even larger, completely new RDF unit was constructed to handle a greater volume of waste from both Story County and the MWA system, it would be expected that the capital cost would be greater. Staff would explore situating such a unit in a different location from the current operation, for logistical reasons (the current site offers little room to expand and has potential for redevelopment into the future) and for strategic reasons (a site in southern Story County or northern Polk County would be ideally situated to serve both population centers with minimized truck mileage). Issue 4. - July 2025 End of Current Comprehensive Solid Waste Plan Increased landfilling of diverted Story County MSW puts a substantial strain on the Boone County Landfill, which is designated as the final disposition for Story County’s waste. Compared to recent years, the Boone County Landfill historically received smaller quantities of unprocessed Story County MSW (an average of less than 5,000 tons of MSW annually from 2001-2017). This amount results from planned and unplanned outages at the Resource Recovery and Power Plant facilities and non-beneficial MSW. In calendar year 2018, as the number of boiler tube ruptures at the Power Plant began to increase significantly, the tonnage of refuse not processed at RRP rose to 19,087 tons. This number peaked in 2019, with 32,030 tons of refuse not processed, and instead sent directly to Boone County Landfill. Although the amount of Story County waste going to the landfill due to reliability issues has decreased, several thousand additional tons of MSW must go to the landfill during winter months when there is not sufficient gas capacity to consume all the RDF at the Power Plant. The “direct haul” tonnage to Boone County Landfill, in addition to being combined with rejects from the WTE process and construction and demolition material, results in more than half of the waste tonnage accepted at Boone County Landfill each year consisting of material from Story County. The 214 Boone County Landfill has a limited volume of airspace into which the landfill may grow in the future. In order to conserve the remaining landfill airspace, it is staff ’s understanding that Boone County prefers that Ames/Story County find a long-term alternative to the Boone County Landfill for disposal. It should be noted that the City has entered into 28E agreements with most of the other cities in Story County, along with the County itself, for the operation of the waste-to-energy system. These agreements provide for Ames to take the responsibility for decision-making related to operations. The agreements also form the basis for the collection of the per-capita fee to partially fund the Resource Recovery System. The 28E agreements place the responsibility on the City of Ames to provide a safe, sanitary, and environmentally satisfactory solid waste processing system, through which all garbage and solid waste from the participating communities shall be accepted and disposed of. The agreements provide the City with broad authority to determine the processes and facilities that are used to process solid waste, reclaim materials, and reduce the remainder of the waste to a form convenient for burial in a landfill. These agreements expire in June 2034. Although the partners have been repeatedly notified in recent years about the potential for changes to the Resource Recovery System arrangement, no discussions have yet occurred with these partners to explore a different approach for solid waste disposal in the future. The Comprehensive Solid Waste Management Plan for Boone County and Ames (and by extension, the other participating cities in the Resource Recovery System, plus Story County), expires in June 2025. This plan outlines the management of solid waste within the planning area, including where its final disposition will be. Boone County has expressed desire to have Story County included in another planning area at that time. This could take the form of Story County becoming its own independent service area and entering into agreements with another planning area to dispose of solid waste. Alternatively, the current members of the Resource Recovery System could split and join different planning areas already in existence to dispose of waste at that area’s designated final disposition site(s). OPTIONS FOR SOLID WASTE DISPOSAL INTO THE FUTURE: With the above-described issues in mind, staff believes there are three options for the future disposal of solid waste in the Ames/Story County area. Each presents advantages and disadvantages, which are analyzed below: Option 1: Maintain Status Quo This option relies on continuing the use of the Resource Recovery Plant and Power Plant in its current configuration. Permitting – The facilities would continue to operate under their existing permits. There is some risk that future regulations impacting the combustion of MSW would require operational changes or new pollution control equipment. Such changes could be cost prohibitive and would cause the system to no longer be able to achieve compliance. For the foreseeable future, however, the Power Plant’s permit continues to limit the amount of RDF that may be combusted in proportion to the amount of natural gas combusted, meaning an increase in RDF requires an increase in natural gas use to meet permit obligations, regardless of whether the increased quantity of gas is necessary to achieve combustion. Capital Costs – Resource Recovery continues to require approximately $300,000 per year in capital projects to maintain the equipment in the facility. This amount is expected to remain unchanged into the foreseeable future. 215 The RDF Bin is undergoing a partial overhaul, pending a decision regarding the future of the waste-to- energy system. If the system is continued as-is, then it will be necessary to invest additional funds into a more comprehensive overhaul of the RDF Bin ($2-3 million). These expenditures are not forecasted in the current 5-year Capital Improvements Plan. The Power Plant would be subject to the capital improvement projects already planned in the CIP, but some key plant components (boiler tubes, valves, steam fittings, etc.) are susceptible to accelerated wear from combusting RDF and may require significant investments to replace. In the 5–10-year horizon, investments in the range of $10-15 million are expected to be needed to replace boiler components such as the bullnoses and generating banks and to modify the ash pond. These expenditures are not forecasted in the current 5-year Capital Improvements Plan. Operating Cost – The operating cost—for both the RRP and Power Plant—in this option is significantly dependent on the costs of natural gas. As natural gas prices increase, the costs of electrical production increases, with and without RDF. This requires either increases in electric rates, or a reduction in the volume of RDF that is burned. A reduction in RDF impacts RRP’s finances by diverting haulers (significant revenue loss), landfilling an increased amount of rejects (expense increase), and by reducing the revenue from RDF sales to the Power Plant. Conversely, a reduction in RDF impacts Electric’s finances in the opposite direction by reducing purchases of natural gas (expense decrease), reduced maintenance costs (expense decrease), and the replacement of energy at a cheaper rate from the grid (significant cost savings to electric customers). Remaining Asset Life – Although the Resource Recovery Facility is nearing fifty years of operation, the processing equipment and structure are well-maintained and in good condition to continue operating well into the future. The RDF bin is undergoing a project to replace some corroded sections. However, this project will only address critical areas, extending the bin lifespan perhaps another five years. If waste-to-energy continues as is, more substantial maintenance investment will be necessary for the RDF bin. Regarding the Power Plant, the Unit #7 and Unit #8 components experience an increased level of stress due to a corrosive atmosphere inside the boiler and wear resulting from starts and stops that are more frequent than a unit that would combust only natural gas. Although repair work can be routinely performed, as these units age it becomes increasingly difficult to find replacement parts. Staff is undertaking an outside analysis to identify what the potential remaining lifespan is for key components of these units. Staff believes the remaining lifespan can be extended if RDF is no longer combusted, but it is not clear how long these units will be able to cost-effectively operate in the long term (i.e., into the 2030s). Staff does not believe this is a viable long-term option without substantial investment in the Power Plant. Finally, if RDF continues to be combusted, a project would need to be undertaken to excavate a larger ash pond confinement area. An expansion is estimated to cost $2.5 million in addition to the $2.6 million in a project currently underway to collect and close most of the existing ash pond. Greenhouse Gas Emissions – The co-firing of natural gas and RDF will not allow the City to achieve more than a 55% carbon reduction towards the Climate Action Plan goals. Although the conversion of MSW to RDF and combusting it produces less greenhouse gas emissions than landfilling the MSW at a site without methane capture, this reduction is outweighed by the greenhouse gas 216 emissions resulting from the natural gas required to co-fire the RDF. It is worth noting that the Electric Utility Operations Review and Advisory Board, appointed by the mayor, has provided a letter recommending that the City of Ames and Story County initiate efforts to find alternative methods to manage Story County’s waste. The goal would be to reduce and ultimately eliminate the use of RDF at the power plant. Electric Services should begin planning for reinvestment in the electric system to improve reliability, reduce costs and improve its environmental performance. The letter is attached. Option 2: Construct a New, Dedicated Waste-to-Energy Boiler to Burn RDF with Transfer Station for Backup, Recyclables, and Non-Combustible Waste This option involves constructing a new, dedicated waste-to-energy boiler in partnership with an agency such as MWA. The Resource Recovery Plant would continue to be used in its current configuration. MSW from Story County and the partnering entity would be brought to Resource Recovery and processed. RDF would be combusted in a dedicated waste-to-energy boiler. Reject materials and RDF ash could be backhauled to a landfill. This option provides for construction of a new transfer station to function as the backup disposal option when the boiler is unavailable, and to handle recyclable materials and non-combustible waste on a routine basis. Permitting – It is anticipated that the permitting process for a transfer station would take approximately 60 days to complete. Permitting a new waste-to-energy boiler would take approximately two years to complete, with an additional 2+ years to construct. Capital Costs – The cost to construct the transfer station component is approximately $4-6 million. The cost for the waste-to-energy boiler would be approximately $120 million (higher if it needed to be sized to accommodate MWA participation). The capital costs associated with this option would be financed most likely with electric revenue bonds that would result in significant rate increases to our customers. Operating Cost – This option would significantly reduce the cost of natural gas, from approximately $15.8 million per year to approximately $4 million per year. The operating cost for the boiler would be approximately $3 million per year. However, this is offset by reallocating existing resources (staff, equipment, commodities). The operating cost for Resource Recovery would remain unchanged from the current costs. Remaining Asset Life – In this option, the most pressing issue remaining would be the lifespan of the RDF bin. Substantial investment would be needed to outfit the bin for use beyond the next five years. In addition, a “dry” method of handling the ash would be included in the design to avoid needed investments in the existing ash pond. This option would likely extend the useful lifespan of Units 7 and 8 by reducing the number of hours that they actually operate and reducing their maintenance and repair costs. Greenhouse Gas Emissions – Assuming that the energy being purchased to offset the reduced Power Plant energy production is from greener sources than natural gas, this option would substantially reduce the greenhouse gas emissions associated with combusting natural gas. Further reduction would be achieved from decreased landfilling, and from maximizing the efficiency of transportation between RRP and a partnering landfill operation. It is important to note that the capital costs of this option would result in a significant debt burden for the City, which would limit the ability to use debt for investments in other renewable energy projects that might be called for through the Climate Action Plan. 217 Option 3: Discontinue Waste-to-Energy and Construct a Transfer Station for MSW, Recyclables, and Other Waste In this option, MSW would no longer be mechanically processed with recyclable metals sorted in the process and converted into RDF for the production of electricity. Instead, MSW would be consolidated for transportation to a landfill, and presorted recyclable materials could be aggregated before being transported to another facility for reuse. With waste no longer being received at the Resource Recovery Plant, the distances to the nearest area landfills are great enough that it is uneconomical to have garbage haulers directly haul to those sites. The construction of a transfer station in Ames (where MSW/recyclables can be consolidated into semi-truck loads and hauled to a disposal/recycling site) would reduce hauler transportation costs, the amount of highway truck trips, and transportation-related greenhouse gas emissions. Permitting – It is anticipated that the permitting process for a transfer station would take approximately 60 days to complete. Capital Costs – The cost to construct a transfer station is approximately $4-6 million. This cost may vary depending on whether the facility includes accommodations for recycling, yard waste, organics, etc. Design and construction would take approximately two years to complete. Staff estimates the costs to decommission the Resource Recovery Plant and RDF bin to total approximately $3 million. Operating Cost – The operating cost of a transfer station alone is estimated to be approximately $4 million per year. This option would eliminate the $4 million annual operating cost for the Resource Recovery Plant, eliminate the co-firing of natural gas with RDF, and reduce 90% of the $15.8 million annual expense for natural gas for the Power Plant. These reductions in cost would be partially offset with increased purchase power costs. Remaining Asset Life – This option would likely extend the useful lifespan of Units #7 and #8 by reducing their maintenance and repair costs. The other existing WTE system assets would be repurposed or decommissioned and demolished through this option. Greenhouse Gas Emissions – This option provides Electric staff the ability to seek greener energy options, substantially reducing the greenhouse gas emissions associated with co-firing natural gas with RDF. If the MSW was buried in a landfill without methane-capture equipment, it would be expected that greenhouse gas emissions from disposal would increase compared to conversion to RDF and co- firing RDF with natural gas in a waste-to-energy system. EUORAB INPUT: The Electric Utility Operations Review And Adversary Board has been brief by staff on this important issue. Their input is as follows, "The Waste to Energy study demonstrates that all the options are very expensive to build and operate. Therefore, EUORAB does not recommend construction of a new waste to energy facility, nor does it recommend Electric Services continue to provide most of the funding to support waste management costs for Story County. Continuing to use RDF as a fuel in the power plant is very expensive relative to other solid waste 218 management options. The cost to continue to burn RDF will only increase as the current natural gas contract expires at the end of 2023 and the City of Ames faces significantly higher costs for natural gas in the future. EUORAB is recommending the City of Ames, and its Story County partners, begin discussions to transition to a more preferable method of managing our refuse. We should move to a model that includes source reduction, reuse, and recycling and cease burning RDF. The net result would be a reduction in the total cost to manage our waste, a reduction in the impact our waste has on the environment, and a reduction in carbon emissions from burning our waste." COUNCIL DIRECTION FROM MAY 16 WORKSHOP: At the May 16 workshop, the City Council directed staff to take action regarding four initial action steps. The steps and the follow-up actions related to each are listed below: Alternative Disposal of Construction/Demolition Debris: Staff has previously explained that the Boone County Landfill has raised concerns about the volume of construction and demolition debris (C&D) received from Story County. Over the past five years, Boone County Landfill has received an average of 20,469 tons per year of C&D material from Story County. This material does not compact well, and therefore it accelerates the consumption of useable remaining space in the landfill. On June 6, 2023, Mayor Haila sent a letter to the Boone County Supervisors requesting to explore amending the solid waste comprehensive plan to require C&D to be sent to an alternative disposal site than the Boone County Landfill. The Boone County Supervisors responded to this proposal on June 28 (Attachment 1). The Supervisors indicated that an immediate change would impact the adopted FY 2023/24 landfill budget. Therefore, Boone County proposed considering potential changes in advance of finalizing the FY 2024/25 budget. In subsequent discussions, Boone County officials have expressed a desire for Story County C&D material to be sent to an alternative disposal location effective July 1, 2024. City staff met with Marshall County Landfill and Metro Waste Authority officials to facilitate a new disposal location for this material. After further investigation, it appears the volume of waste would be greater than what Marshall County Landfill could handle on a regular basis. MWA and City staff have discussed C&D material on two occasions, and MWA is currently evaluating the potential impacts and fees. These potential alternative disposal locations may result in a longer drive distance from Story County jobsites but will also likely charge a different tipping fee for this material compared to Boone County Landfill’s fee for Story County C&D ($76/ton). Therefore, it is difficult to determine the impact to Story County residents and businesses for such a change. Any increase in costs is likely to be passed directly onto customers of homebuilders, developers, contractors, etc. as a “cost of doing business” expense. It is important to note that it is ultimately up to Boone County Landfill to obtain final agreement and approval for any change in the disposal location of this material —the landfill is the entity that will decide whether to release the material to another location, and if so, to find a location that will accept it. Pilot Drop-Off Recycling Program: 219 The City Council requested that questions related to willingness to sort various types of waste before disposing of it and preferred methods of disposing of sorted waste be included in the 2023 Resident Satisfaction Survey, to gather the public’s perceptions regarding these concepts. Survey results were collected from 596 randomly selected Ames residents. This year ’s survey found that, overall, most respondents were more willing to sort certain products from their garbage compared to 2022. Percent increase ranged from 10% (organics) to 32% (glass). Glass is the waste product that respondents were most willing to sort (87%), followed by metal (80%) and plastic (80%). Respondents were least willing to sort organics from their garbage with 51% indicating that they were not willing to sort organic material from their garbage. Respondent Preferences for Sorting Waste Types from Their Garbage Waste Type 2022 2023 Glass 54.9%87.2% Metal 64.0%80.3% Plastic 64.8%80.0% Organics 38.4%48.8% Survey respondents were asked their preferred method of disposal of sorted waste, with options including: 1) no-charge centralized drop-off, 2) curbside collection for a fee, 3) willingness to participate in either program, 4) not interested, and 5) other. Almost 1/3 (31%) of the respondents would participate in either program (no charge centralized drop-off or curbside collection for a fee). Another quarter of them preferred no-charge centralized drop-off, while 26% preferred curbside collection for a fee. When asked if they currently pay for curbside recycling through their garbage hauler, 10% said yes. Preferred Method of Disposing of Sorted Waste Items Method 2022 2023 Would participate in either one 30.7%30.8% No-charge Centralized Drop-off 30.5%26.2% Curbside Collection for a fee 23.0%23.1% Not Interested 11.0%14.3% Other 4.8%5.7% It appears from these results that there is some appetite among the community for additional opportunities to recycle, either through curbside collection or through a drop-off program. In early summer 2023, staff obtained four cardboard collection containers from Metro Waste Authority and placed them at the Power Plant (2), Ames Public Library, and the Electric Distribution facility. Each container holds approximately 500 pounds of cardboard when full and is emptied on a weekly basis at a cost of $75 per container per month. Staff has added four additional containers, around Main Street, an additional container at the Power Plant, and one at Fleet Services. The containers have been primarily utilized for disposal of cardboard received for City operations, although community members have also been invited to utilize the containers. However, no concerted marketing campaign has been undertaken to advertise their availability. 220 Staff ’s estimate is that approximately 0.25 tons of cardboard is collected per bin, per week. The total amount of cardboard collected with these bins continues to increase with a current average of 11 tons per month. Over 70 tons have been collected since August 2023. In late 2023, Resource Recovery staff purchased roll-off containers and smaller bins to create a “one-stop” recycling drop-off area at the Resource Recovery Plant. Resource Recovery now accepts cardboard, scrap metal, plastic bottles with twist off lids, textiles, and mixed paper at no charge, along with the existing drop-off of glass and food waste. The collected materials are then transported by Resource Recovery to recyclers and sold based on market prices. An additional roll-off for collecting cardboard has been placed near the Parks and Recreation Administrative facility at Gateway Hills. Staff intends to expand these drop-off services with additional locations, including locations in partnering communities outside of Ames. Continue Exploring Models for Organized Collection and Return with Feedback: As with the topic of recycling, questions related to organized collection were included in the 2023 Resident Satisfaction Survey at the Council’s request. Responses were received from 596 residents. When asked how interested they are in a system where residential garbage collection is provided by one hauler, with the cost and services provided is determined by a city-wide contact, 41% of survey respondents were interested, 31% were not interested, and more than a quarter (29%) were uncertain. The average interest rating was 3.05 on a 5-point scale (1 being not interested at all to 5 being very interested). STAFF COMMENTS: For over forty years, the City’s waste-to-energy system has provided a reliable and responsible method for the disposal of Story County’s solid waste. The change in boiler technology to meet emissions regulations, the change in the content of municipal solid waste, and the change of fuel from coal to natural gas have impacted the reliability of this system in the past decade. Furthermore, the price of natural gas required to dispose of the municipal solid waste has increased, limiting the Power Plant’s ability to burn refuse-derived fuel without increased costs. These increased costs are not competitive with the price of power that can be purchased on the market for the City’s Electric customers. Finally, Boone County Landfill has limited space which is being disproportionately consumed by waste from Story County. It should be noted that it is becoming increasingly challenging to keep the Resource Recovery Fund in positive territory beyond the next few years. It is likely impossible to maintain the current configuration of the waste-to-energy system without significant increases in costs for Electric customers, haulers, and curbside consumers. Furthermore, even with such increases, it may not be feasible to keep operating the RDF bin, Power Plant boilers, and ash pond for the long-term future. Investing significant funds into this operation is likely to limit the City’s ability to maintain reliable power, be in compliance with electric grid requirements, and achieve other goals identified by the City Council in the Climate Action Plan. In addition, the Council has been engaged in a discussion about the concept of organized collection. This model presents an additional opportunity to advance the goals of the Climate Action Plan and address several of the other challenges associated with truck traffic in residential neighborhoods. The interrelated issues of collection, waste processing, waste disposal, climate action, and energy 221 production all suggest to City staff that the most advisable strategy for the City Council to pursue would be: Collection - Partner with Metro Waste Authority to implement an organized collection system meeting the City Council’s requirements, including curbside collection of refuse (MSW), recyclables, and yard waste in a manner that reduces truck traffic on City streets, Consolidation - Convert the Resource Recovery operation into a transfer station model as described in Option 3, where refuse and recyclable materials can be deposited, consolidated, and loaded for transportation to processing/disposal sites, and Disposal - Transition from the Central Iowa Solid Waste Management Association planning area (Boone County Landfill) to the Metro Waste Authority planning area as the final disposition location for disposal of municipal solid waste. A concept outlining how these roles could potentially work is shown below: Collection Consolidation Disposal Responsible Entity:Metro Waste Authority City of Ames Metro Waste Authority Components: Organized Curbside Collection of Recycling and MSW Hauler Contract Management Transfer Station Customer Service Marketing/Community Outreach Story County Community Relationships Waste Reduction/Landfill Diversion/Climate Goal Initiatives and Events Hauling and Disposal to Landfill Hauling and Disposal to Recycling Facility Hauling and Disposal of Yard Waste In staff ’s view, this strategy provides several advantages. It allows the City to rely on MWA’s expertise to convert to organized collection. MWA has implemented this approach in many other communities and can provide valuable insight regarding working with haulers, designing the system, and undertaking a transition from the current open collection model. This approach also 222 allows MWA to handle the disposal of the collected waste and recyclables, which it has ample expertise and resources to manage. Critically, this approach keeps the community-focused component (Consolidation) with the City of Ames. This includes the interaction with drive-up customers and resources to ensure materials are disposed of in the most appropriate manner, the relationships with partnering communities in Story County to manage the administration of a waste disposal system, and the management of local waste reduction and diversion programming such as Stash the Trash, Rummage RAMPage, and EcoSmart. The City already excels in administering these customer-focused aspects of managing waste in the area. Therefore, it would be a natural fit for the City to retain the management of these functions, while partnering with MWA to manage the Collection and Disposal aspects of solid waste management. Finally, this approach allows the City to separate energy production from waste management. Doing so allows the electric utility to pursue energy options that provide continued reliability, competitive costs, and lower greenhouse gas emissions. Staff does not intend to ask for direction at the May 28 meeting. Instead, staff plans to present these issues and return at a subsequent City Council meeting to receive the Council’s direction If the City Council agrees with the approach outlined above, then it would be appropriate at a future meeting to direct staff to prepare a proposal to Metro Waste Authority in which 1) Metro Waste Authority would assist with managing a system of organized curbside collection for residential garbage and recyclables, 2) the City would convert the Resource Recovery System to a transfer station model, and 3) Metro Waste Authority would become the final disposition location for garbage and recyclables. Staff would also begin to examine financing, construction, regulatory, partnership agreements, and other related matters in greater detail, including consulting with the existing Resource Recovery System partnering communities regarding these potential changes. Staff would then return to the City Council with this information as necessary to implement the Council’s direction. ATTACHMENT(S): Letter from Boone County Supervisors.pdf 223 224 ITEM #:41 DATE:05-28-24 DEPT:FIN SUBJECT:FINAL AMENDMENT TO FISCAL YEAR 2023/24 ADJUSTED BUDGET COUNCIL ACTION FORM BACKGROUND: The Code of Iowa requires that city spending by program not exceed Council-approved budget amounts at any time during the year. To maintain compliance, the City of Ames monitors spending against the approved budget and prepares amendments to the budget several times during the fiscal year. The following is the customary amendment schedule. Amendment #1 - A first amendment is prepared to carry over unspent project amounts from the prior fiscal year in the fall. Amendment #2 - The second amendment is completed as part of the adoption process for the next fiscal year’s budget. Amendment #3 - A final spring amendment is done to adjust for any significant changes that have occurred since the prior amendment. This amendment is typically restricted to the early start of CIP projects approved for the following fiscal year, new grants received and their associated project expenses, and any significant changes in CIP projects, operating expenses, or revenues. Staff has prepared the final amendment (#3) to the FY 2023/24 City budget. The attached summary outlines the revenue and expenditure changes by fund. The final FY 2023/24 budget includes a final net decrease in revenues of $5,466,609 and a net decrease in expenditures of $4,250,756. It should be noted that most of the increase in both revenues and expenses is related to changes in grant- funded stormwater CIP projects. Other changes include modifications to CIP projects and schedules, minor operating budget adjustments, and the adjustment of debt service schedules related to SRF- funded projects. ALTERNATIVES: 1. Approve a final amendment to the Fiscal Year 2023/24 budget by decreasing revenues by $5,466,609 and expenditures by $4,250,756. 2. Refer this item back to staff for additional information or other adjustments to the amendments CITY MANAGER'S RECOMMENDED ACTION: The proposed amendment to the FY 2023/24 budget allows the budget to better the changes noted in the FY 2023/24 final amendment document. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative No. 1, as described above. ATTACHMENT(S): FY 2023-24 Final Amendments 225 CITY OF AMES, IOWA 2023/24 FINAL AMENDMENTS 226 Revenue Summary by Fund General Fund 45,299,354 (21,707) 45,277,647 -0.1% Special Revenue Funds: Local Option Sales Tax 11,664,622 - 11,664,622 0.0% Hotel/Motel Tax 2,878,000 - 2,878,000 0.0% Road Use Tax 9,235,174 - 9,235,174 0.0% Police Forfeiture 7,000 - 7,000 0.0% Public Safety Donations/Grants 97,176 - 97,176 0.0% Animal Shelter Donations 56,000 41,500 97,500 74.1% City-Wide Housing Programs - - - CDBG Program 1,632,671 - 1,632,671 0.0% HOME Program 2,778,363 - 2,778,363 0.0% CDBG COVID-19 CARES - - - IEDA COVID-19 CARES 323,383 - 323,383 0.0% HOME American Rescue Plan 630,984 - 630,984 0.0% Employee Benefit Property Tax - - - Police/Fire Retirement 2,000 - 2,000 0.0% Parks & Rec Grants/Donations 473,081 (140,000) 333,081 -29.6% Parks & Rec Scholarships 276,389 - 276,389 0.0% FEMA/COVID-19 Relief 41,936 - 41,936 0.0% FEMA/Derecho 2020 Relief - - - American Rescue Plan 1,260,420 - 1,260,420 Library Grants/Donations 408,029 - 408,029 0.0% Utility Assistance 15,500 - 15,500 0.0% Miscellaneous Donations - - - Developer Projects 2,000 - 2,000 Economic Development 28,031 - 28,031 0.0% Tax Increment Financing (TIF) 787,263 - 787,263 0.0% Total Special Revenue Funds 32,598,022 (98,500) 32,499,522 -0.3% Capital Project Funds: Special Assessments 231,168 - 231,168 0.0% Street Construction 11,072,399 401,780 11,474,179 3.6% Park Development 137,000 - 137,000 0.0% Winakor Donation 59,000 - 59,000 0.0% Indoor Aquatic Center Donations 3,505,527 - 3,505,527 0.0% Council Priorities 3,880,340 - 3,880,340 0.0% General Obligation Bonds 14,367,897 - 14,367,897 0.0% Total Capital Project Funds 33,253,331 401,780 33,655,111 1.2% 2023/24 2023/24 2023/24 Adjusted Final Changes Final Amended % Change Change from Adjusted 1 227 Revenue Summary by Fund, continued Permanent Funds: Cemetery Perpetual Care 23,650 - 23,650 0.0% Furman Aquatic Center Trust 33,000 - 33,000 0.0% Total Permanent Funds 56,650 - 56,650 0.0% Enterprise Funds: Airport Operations 311,552 99,824 411,376 32.0% Airport Improvements 3,200,692 82,599 3,283,291 2.6% Airport Sigler Reserve 85,000 - 85,000 0.0% Water Utility 15,588,597 - 15,588,597 0.0% Water Construction 12,681,397 360,000 13,041,397 2.8% Water Sinking 3,666,546 698,105 4,364,651 19.0% Sewer Utility 11,753,466 (444,000) 11,309,466 -3.8% Sewer Improvements 22,902,501 (3,636,125) 19,266,376 -15.9% Sewer Sinking 538,806 767,872 1,306,678 142.5% Electric Utility 77,610,990 155,468 77,766,458 0.2% Electric Sinking 964,924 - 964,924 0.0% Electric SunSmart 155,000 - 155,000 0.0% Electric Sustainability Reserve 2,366,505 - 2,366,505 0.0% Parking Operations 969,413 - 969,413 0.0% Parking Capital Reserve 110,508 - 110,508 0.0% Transit Operations 14,969,744 - 14,969,744 0.0% Transit Student Govt Trust 233,923 - 233,923 0.0% Transit Capital Reserve 11,876,869 - 11,876,869 0.0% Stormwater Utility 2,321,648 - 2,321,648 0.0% Stormwater Improvements 4,574,000 (3,638,000) 936,000 -79.5% Ames/ISU Ice Arena 576,617 (9,150) 567,467 -1.6% Ice Arena Capital Reserve 85,000 - 85,000 0.0% Homewood Golf Course 486,624 - 486,624 0.0% Resource Recovery 4,858,678 - 4,858,678 0.0% Total Enterprise Funds: 192,889,000 (5,563,407) 187,325,593 -2.9% Debt Service Fund 14,273,100 - 14,273,100 0.0% 2023/24 2023/24 2023/24 Adjusted Final Changes Final Amended Percentage Change from Adjusted 2 228 Revenue Summary by Fund, continued Internal Service Funds: Fleet Services 2,707,513 - 2,707,513 0.0% Fleet Replacement Reserve 2,100,537 9,000 2,109,537 0.4% Fleet Services Reserve 400,000 - 400,000 0.0% Information Technology 2,190,713 - 2,190,713 0.0% Technology Replacement Reserve 407,821 47,000 454,821 11.5% Shared Communications 312,000 - 312,000 0.0% Information Technology Reserve 175,000 - 175,000 0.0% Print Shop Services 129,439 (129,439) - -100.0% Messenger Service 111,336 (111,336) - -100.0% Risk Management 3,545,366 - 3,545,366 0.0% Health Insurance 11,608,923 - 11,608,923 0.0% Total Internal Service Funds 23,688,648 (184,775) 23,503,873 -0.8% Total Revenues 342,058,105 (5,466,609) 336,591,496 -1.6% 2023/24 2023/24 2023/24 Adjusted Final Changes Final Amended Percentage Change from Adjusted 3 229 Expenditure Summary by Fund General Fund 51,356,464 (12,771) 51,343,693 0.0% Special Revenue Funds: Local Option Sales Tax 16,817,934 - 16,817,934 0.0% Hotel/Motel Tax 2,890,923 - 2,890,923 0.0% Road Use Tax 13,856,679 19,461 13,876,140 0.1% Police Forfeiture 12,000 - 12,000 0.0% Public Safety Donations/Grants 113,717 - 113,717 0.0% Animal Shelter Donations 66,800 105,996 172,796 158.7% City-Wide Housing Programs 23,550 - 23,550 0.0% CDBG Program 1,641,291 - 1,641,291 0.0% HOME Program 2,778,363 - 2,778,363 0.0% CDBG/IEDA COVID-19 Relief 84,300 - 84,300 0.0% HOME American Rescue Plan 630,984 - 630,984 0.0% Employee Benefit Property Tax - - - Police/Fire Retirement 55,000 - 55,000 0.0% Parks & Rec Grants/Donations 613,904 (140,000) 473,904 -22.8% Parks & Rec Scholarships - - - FEMA/COVID-19 Relief - - - FEMA/Derecho 2020 Relief 415,483 - 415,483 0.0% American Rescue Plan 8,688,380 - 8,688,380 0.0% Library Grants/Donations 439,879 - 439,879 0.0% Utility Assistance 15,500 - 15,500 0.0% Miscellaneous Donations 10,026 - 10,026 0.0% Developer Projects - - - Economic Development 28,031 - 28,031 0.0% Tax Increment Financing (TIF) 1,070,313 - 1,070,313 0.0% Total Special Revenue Funds: 50,253,057 (14,543) 50,238,514 0.0% Capital Project Funds: Special Assessments 322,553 - 322,553 0.0% Street Construction 9,499,333 401,780 9,901,113 4.2% Park Development 1,002,936 - 1,002,936 0.0% Winakor Donation 1,950,000 - 1,950,000 Indoor Aquatic Center Donations 3,761,550 3,761,550 0.0% Council Priorities 2,355,032 - 2,355,032 0.0% General Obligation Bonds 28,953,480 25,000 28,978,480 0.1% Total Capital Project Funds: 47,844,884 426,780 48,271,664 0.9% 2023/24 2023/24 2023/24 Adjusted Final Changes Final Amended Percentage Change from Adjusted 4 230 Percentage 2023/24 2023/24 2023/24 Change from Permanent Funds: Adjusted Final Changes Final Amended Adjusted Cemetery Perpetual Care - - - Furman Aquatic Center Trust 38,349 - 38,349 0.0% Total Permanent Funds: 38,349 - 38,349 0.0% Enterprise Funds: Airport Operations 311,552 99,824 411,376 32.0% Airport Improvements 3,553,967 12,501 3,566,468 0.4% Airport Sigler Reserve 64,043 64,043 0.0% Water Utility 20,423,149 895,756 21,318,905 4.4% Water Construction 12,282,616 360,000 12,642,616 2.9% Water Sinking 3,721,880 623,660 4,345,540 16.8% Sewer Utility 11,411,650 325,373 11,737,023 2.9% Sewer Improvements 21,060,648 (3,638,000) 17,422,648 -17.3% Sewer Sinking 538,682 750,732 1,289,414 139.4% Electric Utility 96,510,317 (421,294) 96,089,023 -0.4% Electric Sinking 964,807 - 964,807 0.0% Electric SunSmart 186,187 186,187 0.0% Electric Sustainability Reserve - - - Parking Opertations 969,413 559 969,972 0.1% Parking Capital Reserve - - - Transit Operations 18,163,313 (1,130) 18,162,183 0.0% Transit Student Govt Trust - - - Transit Capital Reserve 12,189,371 - 12,189,371 0.0% Stormwater Utility 6,747,876 500 6,748,376 0.0% Stormwater Improvements 5,250,913 (3,638,000) 1,612,913 -69.3% Ames/ISU Ice Arena 588,501 32,424 620,925 5.5% Ice Arena Capital Reserve 279,311 - 279,311 0.0% Homewood Golf Course 443,007 (152) 442,855 0.0% Resource Recovery 5,542,981 (3,810) 5,539,171 -0.1% Total Enterprise Funds: 221,204,184 (4,601,057) 216,603,127 -2.1% Debt Service Fund 12,979,459 - 12,979,459 0.0% Expenditure Summary by Fund, continued 5 231 Percentage 2023/24 2023/24 2023/24 Change from Adjusted Final Changes Final Amended Adjusted Internal Service Funds: Fleet Services 2,667,513 536 2,668,049 0.0% Fleet Replacement 4,106,707 146,000 4,252,707 3.6% Fleet Services Reserve 212,610 - 212,610 0.0% Information Technology 2,190,713 252 2,190,965 0.0% Information Technology Replacement 464,672 45,000 509,672 9.7% Shared Communications 312,000 - 312,000 0.0% Information Technology Reserve 171,009 - 171,009 0.0% Print Shop Services 129,439 (129,439) - -100.0% Messenger Service 111,336 (111,336) - -100.0% Risk Insurance 3,388,023 43 3,388,066 0.0% Health Insurance 11,644,945 (221) 11,644,724 0.0% Total Internal Service Funds: 25,398,967 (49,165) 25,349,802 -0.2% Total Expenditures 409,075,364 (4,250,756) 404,824,608 -1.0% Expenditure Summary by Fund, continued 6 232 Final Amendment Fund Changes In addition to the proposed amendments listed below, the final amendment includes t wo material changes that are atypical of the standard final amendment process . While these changes won’t significantly impact fund expenditures, they will affect how expenditures appear in various programs in future budget documents. - Printing and Graphics Services is being consolidated into the new Communications and Outreach division along with Public Relations and Media Production Services. Since Printing and Graphics will no longer be an internal service fund, its costs will be allocated among all City programs. Messenger Services is similarly transitioning from an internal service to an activity within the Purchasing Division of Finance. The effects of the Printing and Graphics allocations on each fund will be noted in the individual fund descriptions below. - Many General Government services, such as City Manager, Financial Services, Legal Services, and Human Resources, are initially charged to the General Fund and then allocated to other City funds, especially the utilities. As a result, it’s often impossible to see the total cost of a program without looking at a fund sheet. The fund allocations are being transferred to individual programs and activities as part of the final amendments . This change won’t affect the projected fund balances for FY 2023/24. General Fund In the General Fund, $117,274 in additional expe nses have been added to the Animal Control budget to cover the higher-than-anticipated cost of salaries and overtime, veterinary services, food, and cleaning supplies, mainly attributable to several significant animal hoarding cases in the community. These additional expenses are covered by salary savings in the Law Enforcement budget ($52,778) and a transfer from the Animal Shelter donations fund ($64,496). Parks and Recreation is adding $29,650 in additional expenses for equipment and services in various Parks and Recreation programs. Of the additional expenses, $16,100 is for equipment for programs offered at the new Sixty Forward Center. In addition, revenue projected for Parks and Recreation has been decreased by $25,377 due to reduced enrollment in swim lessons. The $55,027 in additional expenses and decreased revenue are covered by salary savings in the Park Maintenance division. Due to a change in the audit schedule, $25,000 is being added to the Accounting Services budget to cover audit costs that will be incurred in June instead of after July 1. Salary savings in the Finance Administration budget will cover the additional expenses in FY 2023/24 . Funding of $850 has also been added to the Ames Human Relations Commission budget to cover the costs of a retreat for the commissioners, and $1,500 has been added to the Public Relations budget for the increased cost of the annual Citizen Satisfaction Survey. 7 233 In addition to these changes, moving Printing Services and Messenger Services to the General Fund and allocating Printing costs to General Fund programs and activities will result in an increase in revenue of $3,670 and an increase in expenses of $10,256. The overall effect of all these changes is a decrease in the projected fund balance of $8,936. Local Option Sales Tax Fund In Parks and Recreation CIP projects, savings from the Furman Aquatic Center Basin Painting project ($20,000) and the Inis Grove Stair Replacement project ($35,000) have been transferred to the Soccer Mini-Pitch project. In Public Works CIP projects, $172,500 in Shared Use Path Maintenance funding was transferred to the 2022/23 CyRide Pavement Improvements project. Funding of $75,000 was transferred from Vet Med Trail project savings to the 2023/24 Shared Use Path Expansion project on East Lincoln Way, and $8,000 in Vet Med Trail savings was transferred to the Bike/Pedestrian Master Plan to cover the cost of a change order. The remaining savings in the Vet Med Trail project ($37,378) and the Franklin Park Shared Use Path project ($11,782) were transferred to unallocated project funds to be reprogrammed for future projects. The shifting of funding between projects will not affect the projected fund balance. Road Use Tax Fund Road Use Tax expenses have been increased by $10,500 for equipment repairs in Traffic Operations. Additional Printing and Graphics Services costs of $8,961 have been added to the final amended budget due to the new Printing and Graphics allocation method . The overall effect of final amendments on the projected Road Use Tax fund balance is a decrease of $19,461. Animal Shelter Donations Fund In addition to the $64,496 transfer of donations to the General Fund to cover increased costs at the Animal Shelter paid from the General Fund, $41,500 is being added to the Animal Shelter Donations budget for veterinary services and food paid for by donations. Animal Shelter donations revenue is also being increased by $41,500, resulting in a $64,496 decrease to the projected Animal Shelter Donations Fund balance for FY 2023/24. 8 234 Parks and Recreation Donations and Grants An expenditure of $150,000 for a second soccer mini-pitch has been removed from the budget, along with $150,000 in donations revenue for the project. A $10,000 donation to the Community Center and the projected associated expenditure have also been added to the budget. These final amendments will result in no net change to the Parks and Recreation Donations and Grants Fund balance. Street Construction Fund In the Street Construction Fund, grant funds totaling $400,280 have been added to revenues and expenditures for the Intelligent Transportation System – Phase 3 project. An additional expense of $1,500 has also been added for Story County’s share of the temporary signal at the 190 th and Hyde intersection, along with the projected reimbursement from the County. Final amendments will result in no net change to the Street Construction Fund balance. G.O. Bond Funds Additional funding of $25,000 has been added to G.O. Bond Fund budgeted expenditures to cover additional debt issuance costs associated with the FY 2023/24 G.O. bonds. Airport Operations In Airport Operations, the revision to the contract with the Airport Farm management company resulted in $96,624 in additional revenue and $102,750 in additional expenses. The net effect is that the transfer of the Airport Farm profit to the Airport Improvements fund is projected to be $6,126 less for FY 2023/24. Fuel revenue was also increased by $3,200 , and airport operating expenses were increased by $3,200, resulting in no change to the projected FY 2023/24 fund balance. Airport Improvements Fund Additional grant revenue of $88,725 for the South Apron Rehabilitation CIP project has been added to the project, along with $12,501 in additional expenses. Along with the $6,126 lower farm profit transfer from Airport Operations, the fund is expected to have a $70,098 projected fund balance increase. 9 235 Water Utility Fund Operating expenses have been decreased by $2,349 due to the new Printing and Graphics Services allocation method. In Water Production and Treatment CIP, $246,098 in funding has been transferred to the SCADA Server project from savings in other Security Improvements projects. Funding of $200,000 has also been moved forward to FY 2023/24 for the Well Field Standby Power project because of a new FEMA grant requirement for an environmental and cultural assessment that needs to be completed to secure FEMA grant funding. This expense will be partially offset by grant revenue expected to be received in FY 2024/25. The transfer from the Water Utility Fund to the Water Sinking Fund has also been increased by $698,105 due to additional principal and interest payments associated with several CIP projects funded with SRF debt. The net effect of final amendments on the Water Utility Fund is a projected decrease of $895,756 in the fund balance. Water Construction Fund The Old Water Plant Demolition project has been increased by $360,000 to cover change orders to the project. SRF funding for the project has also been increased by $360,000, resulting in no net effect on the fund balance. Water Sinking Fund Debt service payments in the Water Sinking Fund have been increased by $623,660 due to increased principal and interest amounts related to the SRF funding being used to finance several Water CIP projects. An additional transfer of $698,105 from the Water Utility Fund is also being budgeted, resulting in a projected $74,445 increase in the fund balance. Sewer Utility Fund Operating expenses have been increased by $1,501 due to the new Printing and Graphics Services allocation method. In Water Pollution Control CIP projects, the Prairie Valley Wetland project budgeted as part of the Watershed-Based Nutrient Reduction program will be managed by IDALS instead of the City. As a result, $444,000 in both IDALS revenue and project expenditures have been removed from the budget. 10 236 The transfer from the Sewer Utility Fund to the Sewer Sinking Fund has also been increased by $767,872 due to additional principal and interest payments associated with several CIP projects funded with SRF debt. The net effect of the changes on the Sewer Utility fund is a projected $769,373 decrease in the fund balance. Sewer Improvements Fund SRF grant funding for several Stormwater Erosion Control projects is being removed from the budget. Since the SRF funding is received in the Sewer Improvements Fund and then transferred to the Stormwater Improvements Fund, revenues have been decreased by $3 ,636,125 and expenses by $3,638,000, resulting in a $1,875 increase to the projected fund balance. Sewer Sinking Fund Debt service payments in the Sewer Sinking Fund have been increased by $750,732 due to increased principal and interest amounts related to the SRF funding used to finance several W PC and Sanitary Sewer System CIP projects. An additional transfer of $767,872 from the Sewer Utility Fund is also being budgeted, resulting in a projected $17,140 increase in the fund balance. Electric Utility Fund Operating expenses have been increased by $2,155 due to the new Printing and Graphics Services allocation method. In Electric CIP, $1,500,000 in projected savings in the Ash Pond Renovation project have been transferred to the CT Generation Improvements project, and $339,000 has been transferred from the RDF Bin Renovation project to the Power Plant Roof project. Funding of $200,000 is also being moved forward from FY 2024/25 for the early start of the 69 kV Transmission Relocation project, while $778,917 in funding in multiple CIP projects is being dropped as the projects are either complete or are being reprogrammed. An additional $155,468 in expenses has been added to the 161 kV Line Relocation project. Since this project will be reimbursed by the IDOT, additional revenue of $155,468 has also been added to the budget. Final amendments will increase Electric’s projected ending fund balance for FY 2023/24 by $576,762. 11 237 Parking Operations Fund Operating expenses have been decreased by $1,441 due to the new Printing and Graphics Services allocation method. An additional $2,000 was added to the Parking Operations budget to repair a parking lot retaining wall, resulting in a net decrease to the Parking Fund’s projected balance of $559. Transit Operations Fund Operating expenses have been decreased by $1,130 due to the new Printing and Graphics Services allocation method, resulting in a projected $1,130 increase to the fund balance. Stormwater Utility Fund Operating expenses have been decreased by $1,500 due to the new Printing and Graphics Services allocation method. Stormwater Permit Program operating expenses have also been increased by $2,000, resulting in a projected $500 decrease in the fund balance. Stormwater Improvements Fund Due to the reduction in the availability of SRF Water Quality Grants, $3,638,000 in expenses associated with various projects in the Stormwater Erosion Control program have been dropped, along with the associated transfer of the SRF grant funding from the Sewer Improvements Fund for those projects. The projects will move forward using Stormwater Utility funds but may be reduced in scope or reprogrammed if necessary. The Public Works Department will continue looking for other stormwater project grant opportunities. The final amendment adjustments will not affect the projected fund balance in the Stormwater Improvements Fund. Ice Arena Operations Fund Ice Arena revenues have been decreased by $9,150 to reflect actual dasher board advertising revenue for the year. Expenses have been increased by $32,294 for additional refrigerant purchases. Operating expenses have also been increased by $130 due to the new Printing and Graphics Services allocation method. The net effect on the Ice Arena Fund is a projected $41,574 decrease in the fund balance in FY 2023/24. 12 238 Ice Arena Capital Reserve Fund Funding of $75,000 for the Locker Room CIP project has been reallocated to the Radiant Heat System Replacement project. Homewood Golf Course Fund Operating expenses have been decreased by $152 due to the new Printing and Graphics Services allocation method, resulting in a projected $152 increase to the fund balance. Resource Recovery Fund Operating expenses have been decreased by $3,810 due to the new Printing and Graphics Services allocation method, resulting in a projected $3,810 increase to the fund balance. Fleet Services Fund Operating expenses have been increased by $536 due to the new Printing and Graphics Services allocation method, resulting in a projected $536 decrease in the fund balance. Fleet Services Replacement Fund Fleet Services Replacement Fund expenses will increase by $146,000. Of this amount, $99,000 will be used to cover the cost of fleet equipment purchases: a dump trailer for Electric Services ($20,000), a midsize SUV for Police ($40,000), additional funding for an asphalt planer for Public Works/Streets ($25,000), a trailer for Public Works/Traffic ($9,000), and an inflatable rescue boat for Fire ($5,000). A transfer of $47,000 has also been added to the Fleet Services Replacement Fund’s budget to transfer Printing Service’s replacement funds to the Technology Replacement Fund. Fleet Services will receive a $9,000 transfer from Public Works for the Traffic Operations trailer, resulting in an overall $137,000 decrease to the projected fund balance. Information Technology Fund Operating expenses have been increased by $252 due to the new Printing and Graphics Services allocation method, resulting in a projected $252 decrease in the fund balance. 13 239 Technology Replacement Fund A $47,000 transfer has been added to the Technology Replacement Fund’s revenues for the Print Shop replacement funds previously held in the Fleet Reserve Fund. Technology Replacement Fund expenses will increase by $45,000 to purchase a plotter for Traffic Operations, resulting in a $2,000 increase to the projected fund balance. Printing Services Fund This fund will be closed as Printing and Graphics Services moves to the new Communications and Outreach division. Revenues of $129,439 and expenses of $129,439 have been moved to the General Fund. Messenger Services Fund This fund will be closed as Messenger Services moves to Purchasing Services. Revenues of $111,336 and expenses of $111,336 have been moved to the General Fund. Risk Management Fund Risk Management expenses will increase by $43 due to the new Printing and Graphics allocation method, resulting in a projected $43 decrease in the fund balance. Health Insurance Fund Health Insurance expenses will decrease by $221 due to the new Printing and Graphics allocation method, resulting in a projected $221 increase in the fund balance. 14 240 15 241 ITEM #:42 DATE:05-28-24 DEPT:PW SUBJECT:2023/24 WATER SYSTEM IMPROVEMENTS PROGRAM (KELLOGG AVENUE - 7TH STREET TO 13TH STREET) AND (11TH STREET - BURNETT AVENUE TO KELLOGG AVENUE) COUNCIL ACTION FORM BACKGROUND: The Water System Improvements program provides for replacing water mains in areas that are experiencing rusty water problems. It also provides for installing larger distribution mains in areas that have a high concentration of 4” supply lines, transferring water services from 4” water mains in streets where larger water mains exist, and abandoning 4” water mains. Eliminating duplicate water mains, where possible, improves water flow and helps reduce rusty water. Installing larger distribution lines in areas that have a high concentration of 4” supply lines and less than desirable fire-fighting capacity (predominantly in the older areas of the community) provides larger supply quantities in relation to current and proposed land uses. This project will include improvements on Kellogg Avenue from 7th Street to 13th Street and on 11th Street from Burnett Avenue to Kellogg Avenue. Plans and specifications were completed with a total estimated construction cost for a base bid and add alternate. The add alternate is for valve insertion. This will allow the contractor to work during weekdays and prevent water shut off at McFarland Clinic. On May 22, 2024, bids for the project were received as follows: Bidder Base Bid Amount Add Alternate Base Bid + Add Alternate Engineer's Estimate $890,652.50 $20,000 $910,652.50 Jet Drain Services, LLC $781,889.46 $26,500 $808,389.46 Iowa Water & Waste Systems, LLC $829,524.60 $25,000 $854,524.60 J&K Contracting $871,630.00 $27,975 $899,605 On Track Construction $947,814 $28,000 $975,814 Synergy Contracting, LLC $946,862 $30,250 $977,112 Keller Excavating $1,017,298.50 15,000 $1,032,297.50 Revenue and expenses associate with this program are estimated as follows: Funding Source Available Revenue Estimated Expenses 23/24 Water Utility Fund $1,200,000 Construction (Base Bid) $ 781,889.46 Construction (Add Alternate) $ 26,500.00 Engineering/Administration $ 122,000.00 TOTAL $1,200,000 $ 930,389.46 242 ALTERNATIVES: 1. a. Accept the report of bids for the 2023/24 Water System Improvements Program (Kellogg Avenue - 7th Street to 13th Street) and (11th Street - Burnett Avenue to Kellogg Avenue) project. b. Approve the final plans and specifications for this project. c. Award the 2023/24 Water System Improvements Program (Kellogg Avenue - 7th Street to 13th Street) and (11th Street - Burnett Avenue to Kellogg Avenue) project to Jet Drain Services, LLC of Ames, Iowa, in the amount of $808,389.46. 2. Award the contract to one of the other bidders. 3. Do not proceed with this project. CITY MANAGER'S RECOMMENDED ACTION: By approving final plans and specifications and awarding the contract, this project will improve the water systems along Kellogg. Residents and businesses will see improved water quality and fire fighting capacity. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as describe above. ATTACHMENT(S): Kellogg Avenue Water.pdf 243 244 ITEM #:43 DATE:05-28-24 DEPT:PW SUBJECT:APPROVE STORM SEWER EASEMENT WITH 302 SONDROL, L.L.C.AND VACATE EXISTING ELECTRIC UTILITY EASEMENTS AT 302 AND 212 SONDROL AVENUE COUNCIL ACTION FORM BACKGROUND: Mechanical Comfort, Inc at 302 Sondrol Avenue has purchased the property adjacent to the south at 212 Sondrol Avenue for the purpose of a building expansion (see attached aerial). There is an existing storm sewer pipe and Electric Utility Easement running along the lot line between these two parcels from the original development of the subdivision in 1986, which would prevent this building expansion. There are no electric facilities within or planned for the existing easement area. The property owner has had a foundation designed for the expansion using beam footings that will be placed outside of the easement and allow the building to safely span an existing storm sewer. To facilitate this construction, the existing storm sewer pipe can remain in place. However, the existing Electric Utility Easements need to be vacated and a new Storm Sewer Easement (attached - drafted by City legal staff) needs to be approved. The existing Electric Utility Easements to be vacated are as follows: The South 5 feet of Lot 1, Third Addition to Sondrol’s Subdivision, Ames, Iowa (302 Sondrol Avenue); and The North 5 feet of Lot 3, Second Addition to Sondrol’s Subdivision, Ames, Iowa (212 Sondrol Avenue). The new Storm Sewer Easement includes provisions to protect the City's interest, such as: The City maintains the right within the easement area to construct, reconstruct, cover over, clean up, operate, use, maintain, and repair the sewer. At the City's sole discretion, it may be determined that the existing storm sewer needs to be relocated from under the building. In this case, the property owner is solely responsible for all costs for relocation and abandoning the existing sewer. The City is protected from liability from any damage to the building due to the storm sewer. This easement agreement is binding upon all successors and assigns. ALTERNATIVES: 1. a. Approve the Storm Sewer Easement executed with 302 Sondrol, LLC. (d.b.a. Mechanical Comfort, Inc.). b. Approve vacation of the existing Electric Utility Easements along the lot line of 302 and 212 Sondrol Avenue, as described above. 2. Maintain current easements. 245 CITY MANAGER'S RECOMMENDED ACTION: Vacating the existing easement and replacing it with the new Storm Sewer Easement will facilitate the expansion plans of Mechanical Comfort while allowing the existing storm sewer to stay in place as long as it does not pose a problem. Therefore, it is the recommendation of the City Manager that the City council adopt Alternative No.1, as noted above. ATTACHMENT(S): 302 Sondrol Storm Sewer Easement.pdf 302 Sondrol Aerial.pdf 246 247 248 249 890 888 888 888 880 890 882 884 878 888 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, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community, City of Ames, IA 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.1:564 ArcGIS Web Map 250 To:Mayor & City Council From:Mark O. Lambert, City Attorney Date:May 28, 2024 Subject:Lot 1, Baker Subdivision Item No. 44 MEMO On November 14, 2023, the Council approved the sale of City-owned Lot 1 in the Baker Subdivision to Habitat for Humanity of Central Iowa. Although the transfer of property is not set to occur until 2026, City staff discovered that publication of notice related to the public hearing was not completed. As a result, the City Council is being asked to initiate the required publication and approval process a second time to ensure that standards are met. Therefore, a public hearing was set for May 28, 2024, to approve the sale again, so that it may be published to meet State's requirement. ATTACHMENT(S): Plat for Baker Subdivision-Lot 1.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 251 252 ITEM #:45 DATE:05-28-24 DEPT:P&H SUBJECT:TEXT AMENDMENT TO ALLOW MIXED-USE RESIDENTIAL DEVELOPMENT WITHIN THE HUB ACTIVITY AREA OF THE RESEARCH PARK INNOVATION DISTRICT ZONING DISTRICT (IOWA STATE RESEARCH PARK) COUNCIL ACTION FORM BACKGROUND: On February 27, 2024, the Ames City Council initiated a text amendment at the request of the Iowa State University Research Park (ISURP) to add household living as an allowed use within the Research Park Innovation District (RI) Zoning District in the form of mixed-use development. The current RI zoning, which applies to the Third Phase or southern-most portion of the ISURP, does not allow residential uses. The proposed amendment is limited to permitting apartments primarily on upper floors and in conjunction with commercial or office spaces in the Hub Activity Area of the RI District. The RI District was established in 2015 to support the expansion of the ISURP. At that time, residential uses were not included in part to see how the development of the ISURP progressed and in part due to the City’s use of Tax Increment Financing (TIF) and RISE Grant limitations. The TIF and RISE Grant use limitations no longer apply. Additional housing development has occurred to the west of University Boulevard in correlation to the increased employment opportunities of the ISURP. The intent of the applicant is to facilitate mixed-use development within the current Hub Activity Area in the ISURP along Collaboration Way. The Hub Activity area has specific site design standards and is the only area where commercial uses are allowed, distinguishing it from the rest of the ISURP. Specifically, mixed-use development is being requested for two sites in the Hub Activity Area— 1705 and 1726 Collaboration Place (see attached Master Plan for the Third Phase of the ISURP for a map of locations). The applicant's text amendment application letter is attached. Also note that to the north of the Hub Area, the applicant is also in process of considering a Land Use Map Amendment to Residential from Industrial to support apartment development at the intersection of Cottonwood and University. RESEARCH PARK INNOVATION DISTRICT (RI) ZONING DISTRICT: The RI zone is distinguished from typical industrial zoning districts by focusing on research and development facilities, related office uses, and supportive commercial uses in a Hub area. These uses are supported by design elements creating a people-centered collaborative environment, including in the ISURP the central natural area of the Tedesco Environmental Learning Corridor (TELC), a County Park. Also unique to the RI District is the use of a Master Plan to identify a Hub Activity Area, Public Space Areas, which include general open space areas and TELC in the ISURP, and Research Industrial Areas for research, development, and office facilities typical of a research park. The attached Master Plan for the ISURP shows these planned areas. Other industrial areas in the City are not master-planned and typically individual subdivided without coordination of overall uses. 253 Ames Plan 2040 Future Land Use Map designates the ISURP as Employment (see attachment). Land to the west outside of the ISURP is designated as mixed use commercial and residential. Plan 2040 further identifies the purpose of Employment designations as serving the business needs of the community. Incompatible uses are generally discouraged so as to preserve industrial land for the unique needs of industrial users. Given the RI District's focus on industrial users, one key element for consideration of the amendment is ensuring that it does not impact the desirability of industrial land in the area. The City has invested a substantial amount TIF into the extension of infrastructure to support job growth in this area. City staff believes there is a potential downside to allowing residential uses within the Research Park and the Hub area that creates a more limited range of potential industrial users because the proximity to residential uses could affect their business operations. Some industrial users are concerned about adjacent uses while others are not. In response to this concern, the Research Park staff believes that a residential use can be compatible with other industrial uses as they (ISURP) are the property owner/developer. They can address compatibility issues through their future marketing and siting of industrial businesses in the area. Adding mixed use can increase efficiency of use on a lot, but it can also impact the commercial uses targeted for development on a site. Accommodating housing can reduce the amount of site area that supports commercial development, largely due to residential parking occupying more site. The Research Park staff believes they can still deliver commercial space in the Hub as originally intended along with housing and that cultivating a live, work, play environment within the Hub Area would be supported by their interests in residential development at this time. They maintain that building more commercial with mixed-use above is beneficial to the purpose of the RI District. In support of the Research Park staff's belief that a mixed-use element is an important part of its environment, the Ames Plan 2040 Future Land Use Map includes a Neighborhood Commercial - Mixed Use node across University Boulevard from the ISURP. (See the attached Future Land Use Map Attachment) This designation is meant to serve adjacent neighborhoods' commercial service needs, like the Neighborhood Core designation, but with a residential element that has a high level of connectivity with the commercial areas. Also adjacent are several residentially designated properties, including the Wessex Apartments and an area to the south designated for future low-density residential development. Staff believes that the concept of mixed-use development fits with the goals for the applicant. However, the question presented by the requested text amendment is if the location of mixed-use development within the RI District and Hub Activity Area is appropriate to their overall expected industrial development of the ISURP. PROPOSED ORDINANCE: The proposed text amendment is narrowly defined to limit residential uses to the current Hub Activity Area. The residential use must be primarily above first-floor commercial or office uses. The developer is requesting that a small percentage of the first floor also be allowed to have residential units to more easily meet building code requirements for distribution of accessible units within an apartment building. 254 The City addresses the issue of minimum commercial space differently in each zone that allows mixed- use development. Staff proposes a continued priority for commercial space within the Hub Activity Area through a standard that 90% of the building’s first-floor area must be occupied by trade or office use(s) in order to permit household living in the remainder of the building. Staff review of existing development indicates that the most common small-scale mixed-use buildings (3 stories or less) seen in Ames are roughly 7,000 to 12,000 square feet on the ground floor. For a 12,000- square-foot ground floor, the proposed requirement would result in 10,800 square feet of commercial or office space and up to 1,200 square feet of space for residential use on the ground floor. It should be noted that nothing in the proposed text amendment requires residential uses in the Hub Activity Area. The intent of the proposed amendment is twofold. The first being to guarantee a substantial amount of commercial square footage in a development project, regardless of location on a site. This approach does not dictate a certain amount of square footage or building size. Secondly, the design requirements of the Hub Area support commercial space along streets and having this space at ground level will be beneficial to the design intent. OTHER NEW REQUIREMENTS; Minimum depth, height of commercial spaces, and glazing have been added to the proposed amendment to ensure the buildings have a more commercial character than residential design. For design compatibility of additional accessory structures for covered parking that may result from mixed-use development, accessory structures are proposed to be required to be located away from pedestrian areas and behind the principal buildings. This provision of the RI District currently applies only to equipment and mechanical areas and does not address accessory structures. Due to the variability of uses and design considerations in the ISURP, a mixed-use development will require a Major Site Development Plan (SDP) approved by City Council. A provision is included that requires screening for the benefit of residential mixed-use buildings of storage and equipment areas be provided in addition to the existing provision for the screening of these areas for the benefit of trails and streets. A provision that requires the City Council to find that the proposed mixed-use development is compatible with, and does not detract from, these other uses. The full text of the proposed amendment is attached. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the proposed amendment at its May 1, 2024, meeting. No notice of the P&Z meeting item was required, except posting of the agenda. The Commission's lengthy discussion focused on compatibility issues between industrial and residential users and the displacement of commercial space in the Hub Activity Area. However, the Commission also recognized the desirability of housing to serve the ISURP for those who work in the Research Park and need to provide more housing options for ISURP employees. The applicant spoke at the meeting in 255 support of their project and describing their intent for the area. No members of the public spoke at the meeting. The Commission voted (4-2) to recommend the City Council amend the Research Park (RI) Zoning District to permit Mixed-Use Development in the Hub Activity Area as recommended by the City staff. ALTERNATIVES: 1. Approve the first reading of a text amendment to the Research Park (RI) Zoning District to permit Mixed-Use Development in the Hub Activity Area as shown in the attached ordinance. 2. Approve the first reading a text amendment with alternative language suggested by the City Council. 3. Do not approve the proposed text amendment. 4. Request additional information from staff. CITY MANAGER'S RECOMMENDED ACTION: Staff ’s main concerns in allowing household living in the RI Zone are issues of compatibility with industrial development targeted for the zone and decreasing the available commercial space that supports business uses in the District as a result of residential development. The proposed ordinance addresses the concerns about compatibility by allowing residential uses in a building with only commercial (trade) or office uses and exclusively in the Hub Activity Area, which is for the most part set away from the primary industrial sites of the Park. It further requires that residential uses do not detract from industrial or other uses. However, there still may be future adjacent industrial uses, and the presence of residential development may discourage these users or cause nuisances for residents. With the two remaining sites in the Hub Area that are planned for mixed-use development, there is approximately 8 acres of developable land. This means there is potential for significant amount of commercial square footage for these two sites. Even with the provision that requires 90% of a building’s first-floor area be dedicated to commercial and office uses, staff estimates there is a tradeoff of space and there will be a loss of potential commercial area on a project site. Staff believes allowing mixed-use development may result in a loss of the opportunity for additional commercial or office floor area that would have typically resulted from a site being developed solely for these uses. Despite these issues, the ISURP has indicated that adding residential uses will benefit the overall collaborative environment and activity in the Hub area, the sites can be designed to be compatible with the intent of area, and they can manage potential compatibility issues between uses. The approval required of a Major Site Development Plan by the City Council provides an opportunity for review and consideration of site conditions and the relationship to the surroundings. This process provides the strongest basis for supporting an allowance for mixed-use developments. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. 256 ATTACHMENT(S): Master Plan.pdf Applicant's Request Ames Plan 2040 Future Land Use Map DRAFT zoning text amendment for limited mixed-use residential in RI zone.pdf 257 ISU RESEARCH PARK PHASE III MASTER PLAN Desired Mixed Use Sites Desired Mixed-Use Sites Pending applica on change to Residen al PUD 258 259 Civic RN-3 Emp Com CR RN-5 OS NC-MU NC MU SOUTHLOOPDR AIRPORTRDOAKWOOD RD WES SEX DR HEATHROWDR COLLABORATIONPL S R I V E R S I D E D R C O T TO NWOOD R D U N I V E R S I T Y B LV D PLAZA LOOP U N I V E R S I T Y B L V D U N I V E R S I TY B LV D Ames Plan 2040 Future Land Use Map 0 0.06 0.120.03 Miles Ames ¯ Legend ISU Research Park Phase III Parcels Future Land Use Residential Neighborhood 3 - Expansion (RN-3) Residential Neighborhood 5 - Multi-family (RN-5) Neighborhood Core - Mixed Use (NC MU) Community Commercial/Retail (Com-CR) Employment (Emp) Open Space Civic ISU Research Parch Phase III 260 ORDINANCE NO. _________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 29.903 AND TABLE 29.903(2) THEREOF, FOR THE PURPOSE OF ALLOWING FOR LIMITED MIXED-USE RESIDENTIAL DEVELOPMENT IN “RI” RESEARCH PARK INNOVATION DISTRICT 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 amending Section 29.903 and corresponding Table 29.903(2) as follows: “Sec. 29.903. “RI” RESEARCH PARK INNOVATION DISTRICT (1) Purpose. This District supports development of an integrated commercial service and concentrated employment area to: (a) Allow for mixing of use and interaction of people to foster a collaborative environment; (b) Create a node of activity, including and commercial services and limited mixed-use residential development, for the district; (c) Design development to promote the new innovation district by integrating multi-modal transportation facilities, intensification of land use, and a wide range of office and research uses; and (d) Promote a high level of architectural and site design features that signify the commitment to innovation and investment through architecture with visual interest and unique identity, site design incorporating stewardship of natural resources, district layout and development supporting the pedestrian environment, and green building techniques demonstrating the commitment to sustainability. (2) Permitted Uses. The RI Zoning District is to be established by the City Council through the requirements of 29.1507. Hub Activity Area uses may only be allowed for properties that are consistent with a City Council approved master plan accompanying a rezoning request. A Hub Activity Area means an area of concentrated commercial uses providing support services intended primarily to provide service and retail uses supportive of the surrounding businesses and their employees. Limited mixed-use residential may be permitted in a Hub Activity Area with City Council approval. 261 The uses permitted in the RI Zone are set forth in Table 29.903(2) below: Table 29.903(2) RI Zone Uses USE CATEGORY STATUS APPROVALREQUIRED APPROVALAUTHORITY RESIDENTIAL USES Located within Hub Activity Area connection with or office use(s) that occupies at least 90% of the building’s ground-floor area. *** *** (b) Site Design Guidelines (i) Use site design to locate buildings and site improvement in manner that is supportive of the pedestrian environment. (ii) Coordinate building and parking in manner that is supportive of a transition to trails and pedestrian areas. (iii) Extend walkways to both public streets and trail system. (iv) Coordinate shared access points for lots to reduce driveway intersections along bike and pedestrian facilities. (v) Locate support areas such as mechanical areas, and storage areas, and accessory structures away from pedestrian areas and behind the principal building. (vi) Ensure mixed-use developments are compatible with, and do not detract from, the surrounding commercial, open space, and industrial uses. (vii) Multi-building sites within a Hub Activity Area shall emphasize building orientation to the street or to a publicly accessible open space. (c) Landscape Design Guidelines (i) Use landscape design to support sustainable site features, such as stormwater treatment and parking lot shading. (ii) Locate landscape areas in a manner which is complementary to adjacent open space Master Plan-designated Public Spaces areas in types of vegetation and planting. (iii) Incorporate vegetation that provides for screening of storage and equipment areas from trails, and streets, and mixed-use developments. (iv) Use landscape design to enhance pedestrian environments with shading of sidewalks and creating visual interest with art, trellis, gathering spaces, and interesting vegetation. (d) Architectural Design Guidelines (i) Identify and accentuate main building entrances with architectural elements or projections. (ii) Utilize high levels of glazing to identify areas of activity and interest for customers, employees, and public. Prefer location of office and other active uses as street sides of buildings to provide support for building identity and interest. 262 (iii) Building massing should distinguish building components through variations in height, building relief, and exterior materials. (iv) The architectural design guidelines are not mandatory for accessory structures. (v) Mixed-Use Development shall emphasize commercial space configurations and features over residential development features. This includes features such as first-floor 12-foot minimum floor to ceiling heights, commercial depths, and tenant spaces suitable for a broad range of uses, space for outdoor patios, and high levels of glazing. ***” 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 263 To:Mayor & City Council From:Planning & Housing Date:May 24, 2024 Subject:Second Reading of Ordinance Item No. 46 MEMO Second reading of Ordinance on Zoning Text Amendment for purpose of including Rock Climbing Facilities as a Miscellaneous Use within the General Industrial (GI) Zoning District by Special Use Permit ATTACHMENT(S): Ordinance ZTA Rock Climbing Facilities.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 264 ORDINANCE NO.__________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTIONS 29.501(4)-7 AND 29.901(2) THEREOF, FOR THE PURPOSE OF INCLUDING ROCK CLIMBING FACILITIES FOR MISCELLANEOUS USES IN GENERAL INDUSTRIAL (GI) ZONE USES, 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 amending Sections 29.501(4)-7 and 29.901(2) as follows: “Table 29.501(4)-7 MISCELLANEOUS USE CATEGORIES *** Rock Climbing Facilities Definition. Facilities dedicated to training and development of athletes and novices of all ages in rock climbing skills. Facilities may include individual drop-in, group appointments, classes, and scheduled events. Ancillary uses may include offices, sales area, and other related training facilities and equipment. *** Table 29.901(2) General Industrial (GI) Zone Uses USE CATEGORY STATUS APPROVAL REQUIRED APPROVAL AUTHORITY *** MISCELLANEOUS USES Adult Entertainment Facilities Commercial Outdoor Recreation Detention Facilities Major Event Entertainment Vehicle Servicing Facilities Sports Facilities (Indoor Only) Rock Climbing Facilities (Indoor Only) N N Y N Y Y Y -- -- SP -- SDP Minor SP SP -- -- ZBA -- Staff ZBA ZBA Y = Yes: permitted as indicated by required approval. N = No: prohibited SP = Special Use Permit required: See Section 29.1503 SDP Minor = Site Development Plan Minor: See Section 29.1502(3) SDP Major =Site Development Plan Major: See Section 29.1502(4) ZBA = Zoning Board of Adjustment ***” Section Two. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. 265 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 266 To:Mayor & City Council From:Chief Geoff Huff Date:May 24, 2024 Subject:Second Reading of Ordinance Item No. 47 MEMO Second reading of Amendment to Chapter 18.7A of the Municipal Code, Special Penalty for Game Day Parking, to add Event Parking ATTACHMENT(S): amendment_to_game_day_parking_ordinance.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 267 ORDINANCE NO. ________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 18.7A THEREOF, FOR THE PURPOSE OF ENACTING A SPECIAL PENALTY FOR EVENTS PARKING, REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; 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 amending Section 18.7A as follows: “18.7A. SPECIAL PENALTY FOR GAME DAY AND EVENTS PARKING (1) This special penalty applies in the “Game Day and Events Parking Area” as designated by a Resolution adopted by the City Council. (2) Notwithstanding the fine amounts stated in Section 18.7 (parking violations), a special penalty of forty dollars ($40.00) shall be applied to violations occurring on the date of Iowa State University home football games from the hours of 6:00 a.m. to midnight. This special penalty shall also be applied during dates and times designated by City Council resolution for events occurring in the Game Day and Events Parking Area. However, iIf the special penalty fine is paid within the first seven (7) days of the date of violation, five dollars ($5.00) of the fine amount will be waived. Any fines that remain unpaid after thirty (30) days from the date of the violation will be deemed contested and may be prosecuted. (3) This special penalty applies to all parking violations within the Game Day and Events Parking Area except for violations of Section 18.18(1) (persons with disabilities parking).” Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out by law. Section Three. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Four. 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 268 To:Mayor & City Council From:Don Kom, Director of Electric Date:May 24, 2024 Subject:Third reading and Adoption Item No. 48 MEMO Third reading and Adoption of ORDINANCE NO. 4528 of the Municipal Code establishing Geothermal Services and rules and charges therefore ATTACHMENT(S): Geothermal_ordinance.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 269 ORDINANCE NO. _________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING CHAPTER 28, DIVISION I, ELECTRIC AND ENACTING A NEW SECTION 28.111 THEREOF, FOR THE PURPOSE OF ESTABLISHING GEOTHERMAL SERVICES, 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 Division XI Geothermal Services as follows: “Sec. 28.111. GEOTHERMAL SERVICES The City of Ames Electric Services has established geothermal wells within public utility easements in the Baker Subdivision of the city to provide low-cost, environmentally friendly, and sustainable heating and cooling to the single-family homes in that subdivision. The geothermal wells are owned and maintained by the City of Ames and the customers will pay a monthly fee to support the initial and ongoing costs to maintain the wells. (1) Geothermal Rate Policy. It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare, and convenience of the City of Ames to collect fees from all users who use the City’s geothermal wellfields to help cover expenses relating to initial construction, ongoing maintenance and repair, and replacement. Any fees will be placed in the Ames Electric Utility’s general fund. (2) Geothermal Utility Rates and charges. The rates and charges to consumers utilizing the City’s geothermal wells, to be billed on or after June 1, 2024 are as follows: (a) Single Customer Residential Rates. (i) Availability. The residential rate shall apply to all single-family customer accounts within the Baker Subdivision. (ii) Rate per billing period. For each monthly billing period, a residential rate customer shall be charged a rate of $15.00 per month, or a different rate if established by resolution of the City Council. (3) Ownership and Repair, Geothermal Service Connections. (a) The ongoing upkeep and maintenance of the geothermal wells will be the responsibility of the City of Ames through May 31, 2074; thereafter, the City may continue to operate the wells and charge for their use or may choose to abandon the wells at the City’s expense. If, after 10 years, a homeowner discontinues the use of the geothermal wells serving their property, the City reserves the right to abandon its geothermal wells that serve that property. At any time, the City reserves the right to abandon a well and install a new well if it is deemed necessary or convenient. (b) All service connections with the City geothermal wells shall be installed and maintained at the expense of the property to be served. Ownership of the entire service connection remains with the title holder of the property. The City is responsible for the wells and all piping 270 located within the geothermal utility easement, the homeowner is responsible for the service line located on their property, outside the geothermal utility easement. (c) Whenever any part of the geothermal service lines between public utility easement and the building served becomes out of repair, it shall be the duty of the property owner, to repair the defect, and if needed to refill the geothermal system with the proper water glycol mix. To prevent or reduce damage to public or private property, the City Manager or his designee shall, if the owner does not act to correct the defect within fourteen (14) calendar days after notice, cause the discontinuance of geothermal service to the premises. The City Manager or his designee is authorized to repair service leaks without prior notice to the property owner or tenant in emergency situations to prevent service interruption, damages, or injury to others. Any costs incurred by the city for excavation and replacement, and repair of damages to property caused by such, shall be charged to the owner, and may be assessed as a lien against the property as provided in Sections 384.62 and 364.12 Code of Iowa. 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 271 To:Mayor & City Council From:Kelly Diekman, Director of Planning & Housing Date:May 24, 2024 Subject:Third reading and adoption Item No. 49 MEMO Third reading and adoption of ORDINANCE NO. 4529 amending Chapter 5 and Chapter 22 of Ames Municipal Code regarding Missing Infrastructure Requirements ATTACHMENT(S): Ordinance_Chapters_5_and_22.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 272 273 274