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HomeMy WebLinkAbout~Master - December 13, 2022, Regular Meeting of the Ames City CouncilAMENDED AGENDA REGULAR MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS – CITY HALL DECEMBER 13, 2022 NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public during discussion. If you wish to speak, please complete an orange card and hand it to the City Clerk. When your name is called, please step to the microphone, state your name for the record, and limit the time used to present your remarks in order that others may be given the opportunity to speak. The normal process on any particular agenda item is that the motion is placed on the floor, input is received from the audience, the Council is given an opportunity to comment on the issue or respond to the audience concerns, and the vote is taken. On ordinances, there is time provided for public input at the time of the first reading. CALL TO ORDER: 6:00 p.m. PRESENTATION: 1. Government Finance Officers Association Distinguished Budget Presentation Award for FY 2022/23 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. 2. Motion approving payment of claims 3. Motion approving Minutes of Special Meeting on November 15, 2022, and Regular Meeting on November 22, 2022 4. Motion approving Report of Change Orders for period November 16-30, 2022 5. Motion setting the following Special City Council meeting dates: a. January 17, 2023, at 5:15 PM for CIP Work Session b. February 3, 2023, at 2:00 PM for Budget Overview c. February 7, 8, 9, and 14, 2023 at 5:15 PM for Budget Hearings and Wrap-Up 6. Motion cancelling the Regular City Council Meeting on December 27, 2022, due to the holiday closure of City Offices 7. Motion approving ownership update for Class C Beer Permit and Class B Wine Permit - Hy- Vee Fast and Fresh #1, 4018 West Lincoln Way 8. Motion approving premise update for Class E Liquor License, Class C Beer Permit, and Class B Wine Permit with Sunday Sales – Tobacco Outlet Plus, 204 S. Duff Ave 9. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Class C Liquor License with Sunday Sales – Cyclone Liquors, 626 Lincoln Way b. Class C Liquor License with Outdoor Service and Sunday Sales – Café Beau, 2504 Lincoln Way 2 c. Class B Beer with Outdoor Service and Sunday Sales – Torrent Brewing Co LLC, 504 Burnett Avenue 10. Resolution directing the City Attorney’s Office to draft an ordinance enacting the proposed changes to parking regulations in the Somerset Town Home and Row House Association Area 11. Resolution to adopt the Downtown Residential Overnight Parking Hang Tag Program as a permanent part of the parking system 12. Resolution approving reappointment of Council Member Amber Corrieri to the Ames Economic Development Committee (AEDC) 13. Resolution approving appointment of Council Member Rachel Junck to the Ames Convention and Visitors Bureau (ACVB) with her term effective January 1, 2023, and expiring December 31, 2024, and reappointment of Council Member Gloria Betcher to the ACVB with her term effective as of January 1, 2023, and expiring December 31, 2023 14. Resolution approving reappointment of Council Member Bronwyn Beatty-Hansen to the Transit Board 15. Resolution approving biannual Sustainability Report by Sustainability Coordinator 16. Resolution approving the Commission on the Arts (COTA) Spring 2023 Special Project Grant Contracts 17. Resolution approving the Corporate Resolution designating the Finance Director, City Treasurer, and Assistant City Manager supervising the Finance Department as employees authorized to conduct financial and banking business on behalf of the City of Ames 18. Resolution correcting date of Public Hearing for North Sunset Ridge to January 10, 2023, and partially rescinding Resolution No. 22-600 19. Resolution approving addition of three 45-watt LED lights on 35’ bronze fiberglass street light poles at Domani Subdivision, Plat 2 to the existing Alliant Energy Electric Tariff #1 20. Resolution approving changes to Smart Energy Rebate Program as proposed by City staff 21. Resolution approving amendment to the tower lease agreement with Sprint Spectrum L.P. for cellular antenna equipment at Mortensen and County Line Road Water Tower (MAC Water Tower) 22. Resolution approving Change Order No. 4 to the Professional Services Agreement with HDR Engineering, Inc. for additional construction phase services associated with the North River Valley Wellfield Project in the additional amount of $73,600 23. Resolution approving Change Order No. 1 to Tri-City Electric Company of Iowa, Davenport, Iowa, for additional Electrical Maintenance Services Contract in the amount not to exceed $85,000 24. Resolution approving Memorandum of Agreement with Iowa Department of Transportation to share its CDL skills testing site with CyRide 25. Resolution setting January 10, 2023, as date of public hearing for establishment of water and sanitary sewer connection districts in the Prairie View Industrial Area and directing City Attorney to prepare ordinances to establish these districts to recover City costs to install utilities as the properties are developed 26. Resolution approving preliminary plans and specifications for Power Plant Maintenance Services Contract, and establish January 25, 2023, as bid due date and February 14, 2023, as date of public hearing and award of contract 3 27. Resolution approving preliminary plans and specification for Unit 8 Electrostatic Precipitator Insulation & Lagging and establish January 25, 2023, as bid due date and February 14, 2023, as date of public hearing and award of contract 28. Resolution approving preliminary plans and specifications for Combustion Turbine Fuel Oil Pipe Installation and establish January 25, 2023, as bid due date and February 14, 2023, as date of public hearing and award of contract 29. Resolution approving plans and specifications for 2021/22 Concrete Pavement Improvements (Stange and 24th) and setting January 18, 2023, as bid due date and January 24, 2023, as date of public hearing 30. Resolution approving plans and specifications for 2022/2023 Downtown Street Pavement Improvements – Alley (5th Street-6th Street between Duff Avenue to Douglas Avenue) and setting January 18, 2023, as bid due date and January 24, 2023, as date of public hearing 31. Resolution approving plans and specifications for the 2022/23 Fire Station 3 PCC Replacement and setting January 18, 2023, as bid due date and January 24, 2023, as date of public hearing 32. Resolution approving plans and specifications for the 2022/23 Seal Coat Pavement Improvements and Neighborhood Curb Program Project (Murray Drive-Northwestern Avenue to Grand Avenue) and setting January 18, 2023, as bid due date and January 24, 2023, as date of public hearing 33. Resolution awarding contract to Stew Hansen Dodge, Des Moines, Iowa, for one 2023 RAM ProMaster 2500 Cargo Van, on behalf of Mid-Iowa Community Action Agency (MICA) in conjunction with the CARES Round 2, in the amount of $52,920 34. Resolution awarding six-month contract to Rowell Chemical Corporation, Hinsdale, Florida, in the amount of $2.27/gallon for purchase of liquid sodium hypochlorite for use at the Water Plant and Power Plant 35. Resolution awarding contract to AP4 Energy Services LLC, Lakeland, Florida, for Engineering Services for Combustion Turbine Controls Upgrade in the amount of $149,670 36. Resolution awarding contract to Atlas Copco Compressors LLC, Rock Hill, South Carolina, for purchase replacement 72 Instrument Air Compressor in the amount of $85,365.67 (inclusive of Iowa Sales Tax) 37. Resolution awarding contract to Locality Media, Inc. of Garden City, New York, for Records Management Software for the Fire Department in the amount not to exceed $168,850 over the next five years 38. Resolution awarding contract to Carrier Access IT, LC, of Clive, Iowa, for the Virtualization Environment in the amount not to exceed $424,640.27 39. Resolution awarding contract to DNV GL USA INC of Katy, Texas, for the Asset Management Software Solution for the Electric Services Substations in the amount not to exceed $222,500.00 40. Resolution accepting completion of 2021/22 Downtown Pavement Improvements – Alley (Duff to Sherman Avenue) 41. Resolution accepting completion of the contract for the Ada Hayden Heritage Park Wetland Dredging Project 42. Resolution approving Minor Final Plat for Compass Subdivision Plat 2 43. Resolution approving Major Final Plat for Domani Subdivision, 2nd Addition 4 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. The Mayor and City Council welcome comments from the public; however, at no time is it appropriate to use profane, obscene, or slanderous language. The Mayor may limit each speaker to three minutes. PARKS & RECREATION: 44. Fitch Family Indoor Aquatic Center: a. Resolution authorizing submittal to the Iowa Department of Transportation of an offer to buy property located at 122 North Oak Avenue, Ames, in the amount of $2,900,000 b. Resolution awarding contract to Story Construction of Ames, Iowa for Construction Management Services, in the amount of $1,392,229 c. Resolution awarding contract to RDG Planning and Design of Des Moines, Iowa, for Architectural Services in an amount not to exceed $1,783,850 PLANNING AND HOUSING: 45. 321 State Avenue Baker Subdivision 9% LIHTC RFP Review a. Motion directing staff to issue RFP FINANCE: 46. Budget Issues/Guidelines HEARINGS: 47. Hearing on 2022/23 Asphalt Street Pavement Improvements (28th Street) a. Resolution approving final plan and specifications and awarding contract to Manatt’s, Inc., Brooklyn, Iowa, in the amount of $846,926.84 48. Hearing on proposed Zoning Text Amendment to allow a 20% reduction to Required Parking for Certain Commercial and Industrial Uses on Sites with more than 100 Parking Stalls: a. First passage of ordinance 49. Hearing on proposed Zoning Text Amendment to amend the Home Occupation regulations: a. Motion to continue hearing to January 10, 2023 50. Hearing on rezoning with a Master Plan the property on the Southwest Corner of Cameron School Road and George Washington Carver Avenue from “A” (Agricultural) to “FS-RL” (Suburban Residential Low-Density) and “FS-RM” (Suburban Residential Medium-Density) a. First passage of ordinance 51. Hearing on Urban Renewal Area Plan for 2105 and 2421 North Dayton Avenue (small lot industrial subdivision): a. Resolution adopting Plan and establishing an Urban Renewal Area b. First passage of ordinance creating Tax-Increment Financing District 5 ORDINANCES: 52. First passage of ordinance to amend Municipal Code of the City of Ames, Iowa, by amending Chapter 28, Division 1 for the purpose of establishing a Commercial Electric Vehicle Charging Rate and Updates to the Industrial Time-of-Use Rate 53. Municipal Code of the City of Ames a. Second passage of ordinance to amend Municipal Code of the City of Ames, Iowa, by amending Chapter 12, Section 12.2 and 12.3 for the purpose of establishing election of hospital trustees, term of office and qualifications DISPOSITION OF COMMUNICATIONS TO COUNCIL: COUNCIL COMMENTS: CLOSED SESSION: Additional Item: 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 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. 1 MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL AMES, IOWA NOVEMBER 15, 2022 The Special Meeting of the Ames City Council was called to order by Mayor John Haila at 6:00 p.m. on the 15th day of November 2022, 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, and Rachel Junck. Council Member Anita Rollins joined the meeting telephonically. Ex officio Member Bryce Garman was absent. WORKSHOP ON CLIMATE ACTION PLAN: Assistant City Manager Deb Schildroth introduced the project team for the Climate Action Plan, which consisted of herself, Public Relations Officer Susan Gwiasda, Director of Electric Services Donald Kom, and Sustainability Coordinator Merry Rankin, as well as consultants from Sustainability Solutions Group (SSG) Naomi Devine, Eric Frenette, and Yuil Herbert. She highlighted several City staff members were also present at the meeting who were instrumental in pulling together the information for the staff report, noting they would be available for questions when it came time for staff to present the report. Ms. Devine presented the project overview, showcasing the Plan is currently in the implementation planning process, which the City of Ames staff report will inform. She stated the Climate Action Plan has been adaptive and responsive to the needs of the City of Ames. She focused on the next steps to further the climate action plan before Mr. Frenette presented the review of results for the project modeling. Mr. Frenette stressed the model did not meet the ambitious goal of an 83% reduction by 2030, rather a 70% reduction was achieved with a 94% reduction by 2050. This would result in greenhouse gas emissions (GHG) of 4.8 tonnes per capita by 2030 and 0.8 tonnes per capita by 2050. Mr. Frenette emphasized the limitations of the model were seen in the transportation sector as well as the result of grid electricity and waste emissions still in the system. The detailed financials of each action were reviewed by Mr. Frenette. He highlighted the capital cost of $2.4 billion which would be matched by $1.5 billion in savings for a net cost of $900 million. Mr. Frenette paired the detailed financials by the year-over-year incremental investment and returns as an explanation of how to get over the upfront costs of the Plan, noting a financing strategy is key to unlocking future savings. He presented the key takeaways: • The costs are for the whole community • The City of Ames’ primary role is not to pay for the totality of each action, but rather provide support, education, and incentives • The creation of an implementation strategy will cover funding opportunities and program design along with immediate next steps • The City of Ames needs to be adaptable and opportunistic to succeed Ms. Devine added that having a Climate Action Plan completed and adopted is often a precursor to funding from other partners or levels of government. 2 Mr. Frenette introduced the Inflation Reduction Act (IRA), which marked the single largest investment in climate and energy in American history and discussed how it can impact funding for the Plan. He highlighted retail costs of electricity are expected to decline 5.2-6.7% over the next decade, saving electricity consumers $209-278 billion, meaning the average household will experience approximately $170-220 in annual savings. Mr. Frenette stated the conservative assumption of a 45% increase in electricity rates in line with the current market conditions for renewable energy were used for the modeling; however, through the IRA, those rates should actually be expected to decrease. He presented on the energy security and geopolitics, including the 2022-23 forecasting, leading to the discussion of the major impact of energy prices on the cost of the Plan. Council Member Amber Corrieri entered the meeting at 6:25 p.m. Mr. Frenette reviewed the Six Big Moves and reviewed what was modeled for each. 1. Building Retrofits – Mr. Frenette stated the following actions would result in emission reductions of 3,151 kt and a cumulative reduction of 15%, resulting in a net cost of $927 million. He presented a financial model from Ithaca, New York to help combat the high upfront cost, which was the subject of an ensuing robust discussion. o 90 % of building retrofit by 2035 o All municipal buildings retrofit by 2030 o Air-source heat pumps added to all buildings by 2040 o Hot water heating systems replaced with electric by 2040 2. Net-Zero New Construction – Mr. Frenette noted the following actions would result in emission reductions of 578 kt and a cumulative reduction of 3% at a net cost of $180 million: o All building constructed in 2026 and after would be net-zero ready o Passive house standard by 2030 in residential and commercial buildings of 15 kmh/m2 o All municipally owned building would be net-zero ready beginning in 2023 and passive house by 2025 3. Renewable Energy Generation – Mr. Frenette explained that the following actions would result in the largest emission reduction of 10,000 kt and a cumulative reduction of 47% at a net cost of $848 million. o Max out rooftop solar potential at 200 megawatts (MW) o 50 MW solar farm by 2025, additional 50 MW by 2030, and an additional 200 MW between 2035 and 2045 o 20 MW wind farm by 2026 o Home-scale battery storage added to every home when an electric vehicle is acquired 4. Reducing Vehicle Emissions – Mr. Frenette reviewed the following actions would result in emission reductions of 933 kt and a cumulative reduction of 4% at a net savings of $957 million. He noted the savings are due to the reduced energy use of electric vehicles, which are three to four times more efficient in their energy use then traditional internal combustion engines, and reduced maintenance costs for vehicles. o All light- and medium- duty vehicles sold in 2030 would be zero emission vehicles 3 o All heavy-duty vehicles sold in 2030 and after are electric o Between 2023 and 2030, the proportion of biodiesel used increases by 5% each year o Electrification of transit 5. Increasing Active Transportation and Transit Use – Mr. Frenette discussed the following actions, which would result in emission reductions of 662 kt and a cumulative reduction of 3% at a net savings of $662 million o 10% of trips in the City of Ames completed using transit by 2050 o 17 busses replaced with electric by 2027 with remaining buses replaced at the end of lifecycle o 40% of trips under 1.25 miles completed by walking, 25% of trips 1.25 miles to 3 miles completed by biking by 2050 o Bike and car share programs 6. Reducing Waste Emissions – Mr. Frenette shared the following actions, which would result in emission reductions of 726 kt and a cumulative reduction of 3% o Waste decreased by 20% per household at the source by 2030 and 50% per household at the source by 2050 o 50% of commercial waste diverted at the source by 2030 o 90% of organics and food waste diverted by 2028 o 90% of glass, metal, paper, cardboard, and other paper products recycled by 2028 After the conclusion of the presentation, City Council Members prompted discussion regarding accessibility of active transportation, ease of net-zero new construction, electric and biodiesel fueling options for the City’s fleet, and items factored into cost estimates. Assistant City Manager Deb Schildroth then turned the City Council’s attention to the staff report. She emphasized it is clear from the modeling the ambitious goal set by the City Council to reduce emissions by 83% by 2030 over 2018 levels and to reach net-zero by 2050 is not achievable, thus staff is looking at each action step and discussing ways the City can progress. Assistant City Manager Schildroth emphasized the Climate Action Plan is a carbon reduction strategy for the total community, and not just for the City organization. As such, the City is not expected to fund every action step, but rather provide support to achieve the actions in other forms such as education and guidance. Ms. Schildroth noted the City Council will need to decide what level of incentives, if any, should be paid by the City. The less incentives that are offered, the greater the savings that will be realized by the City; however, the more incentives that are provided by the City, the greater are the chances for voluntary participation in our carbon reduction action steps. The eight criteria offered by the Staff for this analysis included: • Cost – cost of investment; gain on investment; marginalized abatement cost • Amount of Administrative Effort Needed • Feasibility of Achievement • Legal Feasibility • Funding Sources • Impact on Residents in Terms of Property Taxes, Utility Rates, etc. • Impact on Inclusion 4 • Cost Compared to the Tonnage of Carbon Reduced Assistant City Manager Schildroth discussed rooftop solar, noting that the rooftop solar program prevents the electric utility from collecting enough revenue to pay for the fixed costs of serving the customer such as for transmission, transformers, distribution, and labor. Therefore, the remaining customer base is subsidizing the property owners who install rooftop solar systems. City Manager Steven Schainker noted the current system of incentivization, highlighting that the City Council could consider increasing the $300/kW rebate to a higher amount from the Electric Service’s Demand Side Management budget and eliminate the net metering incentive. This change would allow the property owner to realize savings much earlier and, therefore, hopefully incentivize more installations. The City Council Members engaged in conversation with City Manager Schainker and Electric Services Director Donald Kom regarding funding options, incentives, and utility rate adjustments that would be needed to create a successful rooftop solar program. In regard to new building construction, explained Assistant City Manager Schildroth, the State legislature has negated the City’s ability to establish requirements that exceed the State’s adopted Energy Code or prohibit the sale or use of natural gas. However, for new construct ion, the City could negotiate with developers at the time of annexation or through contract rezoning a commitment to net-zero readiness and passive home design. In addition, the City could establish new zoning standards for specific design features of a building that support both being net-zero ready and passive building design. Staff discussed with the City Council Members and the consultants how to overcome the roadblock of funding through tax abatement and lacking expertise in the field of net-zero new construction, highlighting the possibility of a partnership with local community colleges to develop a career program. Assistant City Manager Schildroth reviewed adding more ground mounted solar and/or wind generation to the Electric Services portfolio is the least complicated, least labor intensive (as it relates to staffing needs) and least expensive in terms of effectiveness in carbon reduction. Furthermore, the Staff has previous experience successfully negotiating Purchase Power Agreements for wind and solar energy, she explained. Director Kom walked through Midcontinent Independent System Operator, Inc. (MISO) requirement regarding generation capacity, noting the capacity is based on the peak demand set in July of 2012, and how it would affect storage for energy generated from ground mounted solar and/or wind. The City Council Members employed further discussion, focusing on demand, generation, capacity, and storage for the electric utility. Approximately 91% of the net costs needed to meet the City Council’s climate action goals are associated with these community entities, stated Assistant City Manager Schildroth. She explained these community entities include other electric utilities within the Ames city limits; other local, state, and federal entities within the Ames city limits; and private homes, commercial buildings, and industrial buildings. An important next step would be for the Mayor to create a Community Climate Action Task Force with leaders from the primary community groups in an effort to reach agreement regarding how each entity will commit to reaching the City Council’s goals. The City Council also expressed two important values; environmental sustainability and inclusion. The addition of financial incentives for community entities, expenditures for Electric Services infrastructure, and improvements to the Municipal buildings and fleet will result in significant 5 increases in electric rates and property taxes, explained Ms. Schildroth. While these increases would have the greatest impact on our lower income residents, these costs will affect residents. Therefore, as the implementation strategy is pieced together for the Climate Action Plan, it is important the City Council attempts to balance their two values. After considering the estimated price tag, explained Ms. Schildroth, the lack of adequate technology needed for some of the action steps, and the legal obstacles that impact the ability to pursue all the 29 action steps at this time; a more relevant, achievable, and cost-effective carbon reduction strategy is needed to initially implement the Climate Action Plan. Assistant City Manager Schildroth reviewed the priorities as identified by staff for the Initial Implementation Plan, taking time to briefly discuss each item: • Increased Wind and Solar Generation as Part of Electric Services Portfolio • Waste to Energy Improvements/Reducing Waste Emissions • New Construction • Retrofit Existing Buildings (Pilot Program) • Retrofit Municipal Buildings • Electrify the Municipal Fleet (Non-CyRide) • Create a Mayor’s Climate Action Plan Leadership Task Force The City Council engaged in thoughtful communication with CyRide Director Barb Neal and Fleet Services Director Corey Mellies regarding electrifying the municipal fleet and the available options for electrifying the CyRide fleet, while also discussing the possibility of introducing B100 to more City vehicles including CyRide busses. Director Neal and Director Mellies reviewed the limitations and funding options, highlighting that advancements in technology are needed to address current logistic issues. Robust discussion continued and clarifying questions were provided thorough responses. Mayor Haila emphasized that no Public Input would be entertained at the meeting; however, public feedback would be sought as part of the Implementation Plan. City Manager Schainker added that the material presented at the meeting was for information only and the City Council was not being asked to provide direction, but rather to consider what staff had presented to help inform their decisions at a later Climate Action Plan workshop. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted there were no items to consider. COUNCIL COMMENTS: Council member Beatty-Hansen noted a request was received regarding the lighting at Bandshell Park. Moved by Beatty-Hansen, seconded by Betcher, to light the Bandshell for Transgender Awareness Week for this year and future years. Vote on Motion: 6-0. Motion declared carried unanimously. Council Member Junck thanked City staff for their time and efforts in putting together the report, especially as many of the details are not definite yet. She noted she is looking forward to gathering input from the community. 6 Council Member Betcher shared thanks to staff, noting the report was interesting and enlightening in a lot of ways. She reiterated the City Council should be thinking about the small things too because every step forward is a step forward. Council Member Rollins echoed thanks to staff for their work and continuing to move the City forward on the Plan. Mayor Haila announced the City Council would hold a short telephonic meeting on Friday, November 18, 2022, at 8:30 a.m. regarding the agreement with Union Pacific Railroad for the 24th Street Crossing Maintenance and Construction. ADJOURNMENT: Moved by Betcher, seconded by Beatty-Hansen, to adjourn the meeting at 8:30 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. __________________________________ ____________________________________ Carly M. Watson, Deputy City Clerk John A. Haila, Mayor __________________________________ Renee Hall, City Clerk 1 MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA NOVEMBER 22, 2022 The regular meeting of the Ames City Council was called to order by Mayor John Haila at 6:00 p.m. on the 22nd day of November, 2022, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Amber Corrieri, Tim Gartin, Rachel Junck, and Council Member Anita Rollins was brought in telephonically. Ex officio Member Bryce Garman was absent. CONSENT AGENDA: Moved by Betcher, seconded by Junck, to approve the consent agenda. 1. Motion approving payment of claims 2. Motion approving Minutes of Regular Meeting on November 8, 2022 and Special Meeting on November 18, 2022 3. Motion approving Change Orders for period ending November 15, 2022 4. Motion approving new 12-Month Special Class C Liquor Retail Alcohol License – Mongolian Buffet – 1620 South Kellogg Avenue 5. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Class C Liquor License with Outdoor Service, Sunday Sales, and Catering Privilege - The Café, L.C., 2616 Northridge Parkway b. Class C Liquor License with Outdoor Service and Sunday Sales - Aunt Maude’s, 543-547 Main Street c. Class C Liquor License with Outdoor Service and Sunday Sales - Thumbs Bar, 2816 West Street d. Class C Liquor License with Outdoor Service and Sunday Sales - Tip Top Lounge, 201 E Lincoln Way Pending Dram Shop Insurance 6. Body-Worn Cameras for Police Department a. RESOLUTION NO. 22-592 approving single source purchase and award for the replacement of the WatchGuard Body Worn Cameras, includes equipment, system setup, configuration, testing and training, replacement of the server and service agreement for five years for the Police Department b. RESOLUTION NO. 22-593 approving five-year award of contract with WatchGuard Vista/V300, Motorola Solutions, Inc., Chicago, Illinois, for the Police Department’s Watchguard Body-Worn Cameras, in the amount not to exceed $126,822.00 equipment, server, testing and training, in the amount not to exceed $190,382 7. RESOLUTION NO. 22-594 waiving formal bidding requirements and awarding a three-year Microsoft Enterprise Agreement purchase to Insight Public Sector Inc., Tempe, Arizona in the amount not to exceed $158,820.46 8. RESOLUTION NO. 22-595 authorizing purchase of Financial Software Hosting and Maintenance from CentralSquare Company, Lake Mary, Florida 9. RESOLUTION NO. 22-596 approving FY 2021/22 Annual Street Financial Report 10. Annual 2022 Urban Renewal Report: a. RESOLUTION NO. 22-597 approving 2022 Urban Renewal Report b. RESOLUTION NO. 22-598 approving certification of TIF Debt for Campustown and annual appropriation of Kingland TIF Rebate 2 c. RESOLUTION NO. 22-599 approving certification of TIF Debt and appropriating payment of a rebate of incremental taxes for the Barilla TIF District 11. RESOLUTION NO. 22-600 approving preliminary plans and specifications for North Sunset Ridge Sanitary Sewer; setting December 14, 2022, as bid due date and December 20, 2022, as date of public hearing 12. RESOLUTION NO. 22-601 approving plans and specifications for Furman Aquatic Center Pool Basin Painting Project; setting December 21, 2022, as bid due date and January 10, 2023, as date of public hearing 13. RESOLUTION NO. 22-602 approving Contract and Bond for 2021/22 Sanitary Sewer Rehabilitation (Ames High School and Veenker Golf) 14. RESOLUTION NO. 22-603 approving final plat completion and releasing financial security for Sunset Ridge 8th Addition 15. RESOLUTION NO. 22-604 approving partial completion and reducing financial security for Scenic Valley 5th Addition 16. RESOLUTION NO. 22-605 approving partial completion and reducing financial security for Hayden’s Crossing 2nd Addition 17. RESOLUTION NO. 22-606 approving partial completion and reducing financial security for Scenic Valley 6th Addition Roll Call Vote: 6-0. Motion/Resolutions declared carried/adopted, signed by the Mayor, and hereby made a portion of these Minutes. PUBLIC FORUM: Mayor Haila opened the Public Forum. David Martin, 339 Hickory Drive, Ames, thanked the City Council for their work on the Climate Action Plan, commending Staff for excellent work addressing complex questions. Richard Deyo, 505 8th Street, #2, Ames, expressed concern about the Climate Action Plan. Grant Olson, 3812 Ontario Street, Ames, shared support for increasing density in Ames rather than expanding outward. The Mayor and closed the Public Forum when no one came forward to speak. LIQUOR LICENSE OUTLAWS: City Attorney Mark Lambert stated that a Council Member asked if this matter would be considered quasi-judicial, meaning that the City Council would act more like a judge or court than a legislative body. After reviewing Iowa Supreme Court precedent, City Attorney Lambert advised the City Council that the matter would indeed be quasi-judicial, meaning that they should not engage in ex parte communication, talking to representatives of only one side of the matter. City Attorney Lambert explained he was aware ex parte communication had occurred prior to the advice being issued on Sunday, November 20th, 2022. Therefore, he entered into the record that ex parte communication occurred in order to cure it for the purposes of Iowa law. Chief of Police Geoff Huff discussed the staff report recommending against renewal of the liquor license for Outlaws, 2522 Chamberlain Street. The Police Department conducts compliance checks 3 on establishments that hold liquor licenses in the City of Ames, which are completed by taking an underage person to liquor licenses establishments who then attempts to purchase alcohol. A business successfully passes the compliance check if the employee asks for identification and correctly refuses the purchase. The Police Department conducted one compliance check at Outlaws on March 25th, 2021. An employee of Outlaws sold alcohol to an underage person during the check and was cited. The Police Department conducted a follow-up compliance check on October 20th, 2022, when an employee again sold alcohol to a minor. Chief Huff explained that this was the second violation within two years and Iowa Code 123.50(3)(b) prescribes a 30-day suspension and $1,500 fine. This suspension and fine will be imposed on the establishment by the Iowa Alcoholic Beverages Division (ABD) regardless of the action taken by the City Council. Chief Huff noted that beyond the failed compliance checks, in the previous 12 months, Ames officers have cited 15 underage individuals for being on-premises. Of those 15, officers verified that six individuals used faked IDs to get into the bar. Two other individuals stated they were let in because they knew staff members of the bar. Officers were unable to determine how the remaining underage individuals entered the bar. The Police Department also received a complaint from an ex-employee highlighting the practice of the establishment to let certain minors in. Chief Huff explained that meeting minutes were received from a staff meeting that stated, “No minors let in unless I am asked.” This instruction came from a manager of the business. The Police Department spoke with that manager, who admitted the notes were accurate. However, the manager’s explanation was that if a minor tried to get in, staff would alert him, and he would tell the minor they could not enter. The Police Department does not believe this explanation is consistent with what the written instruction says. Staff met with the license holder and his attorney on November 9th, 2022, at the request of the license holder. At that meeting, the license holder said when they found out about the correspondence in December 2021 or January 2022, the manager was reassigned to a different liquor establishment owned by the same license holder. The license holder said they hired a new manager and the problem was corrected. However, Chief Huff stated that it was clear minors were found on premise after the change in management, though some were in the possession of a fake ID. Chief Huff further explained that the Police Department acquired text messages from a former Outlaws employee that suggest minors could be granted entry with the use of a “code word” at the door. At the November 9th, 2022, meeting between the license holder and City staff, the license holder theorized that the code words could be for VIP status. Chief Huff noted that there is no mention of VIP in any of the text messages City staff obtained, reading several examples of the texts. Chief Huff clarified that if the City Council denies the requested license renewal, the denial can be appealed, first to the ABD, then to an Administrative Law Judge, then the Director of ABD, 4 and then District Court. Filing an appeal with ABD would place a stay on the denial, and the establishment would be allowed to continue to operate until the appeal process is complete. If the appeal(s) are not successful, alcohol may not be sold on the premises for one year, or until a new licensee applies for and is granted a new liquor license. Chief Huff surveyed the three options before the City Council: denying the application for a 12- month renewal, approving the 12-month renewal, or denying the 12-month renewal and entertaining a future application for an 8-month renewal. Regardless, the establishment will still be subject to the ABD penalty for failing two compliance checks in two years. Chief Huff reiterated his recommendation to deny the renewal of the 12-month liquor license, citing the apparent collusion to allow entry to minors as the most troubling piece of evidence. Council Member Corrieri inquired about how this case differed from AJ’s, whose license renewal City Council recently approved despite a comparable 15 citations in 12 months. Chief Huff noted that the overall picture for Outlaws was quite different given two failed compliance checks and evidence of collusion to allow entry to minors. Chief Huff also clarified for Council Member Corrieri that it appeared that more than one employee was involved in the collusion, and City Staff did not know how long this practice had been occurring. Chief Huff explained for Council Member Junck that compliance checks are usually conducted along with ABD because they are extensive operations. The Police Department follows up after failed compliance checks to see if the problem has been corrected when Department staffing allows. Chief Huff clarified for Council Member Gartin that two of the 15 individuals cited admitted that they gained entry through staff permission, six had fake IDs, and the remainder gained entry through unknown means. In response to questions from Council Member Gartin about consistency and precedent, Chief Huff stated that in his 28 years in the profession, he has never seen evidence of a bar’s employees colluding to allow access to minors, and that aspect set this case apart from other cases with similar numbers of citations for minors or even failed compliance checks. The Mayor opened Public Input. Andrew White, 3315 146th Circle, Urbandale, identified himself as the license holder of Outlaws. Mr. White expressed that he was blindsided by the facts that came to his attention for the first time in July 2022, and he would not make excuses for the unacceptable behavior. Mr. White stated that the employee who sent certain texts in the record, Kasey Walters, had been trustworthy and reliable for ten years. Upon confronting Mr. Walters in July 2022, Mr. White indicated that Mr. Walters admitted to sending the messages in question. Mr. White considered firing Mr. Walters, but chose to give him a second chance by transferring him to a different bar. Mr. White expressed confidence in Mr. Walter’s remorse and change of heart. Mr. White stated that he takes responsibility because Outlaws is his liquor license; he did not know what was happening, but took steps to address it as soon as it came to his attention. He expressed his belief that it is a correctable problem, and identified several steps taken to address it, including requiring employees to report any illegal 5 activity they see or are asked to participate in directly to him. Mr. White asked the City Council to give Outlaws a second chance to prove that the issue has been corrected. Brian Torresi, 120 South 16th Street, Ames, spoke in favor of allowing Outlaws an 8-month liquor license, arguing that it was common sense to give a second chance to a business that has operated for 18 years with no issues. Mr. Torresi stated that the license holder expressed contrition and concern. Mr. Torresi believed that Ames believes in letting people fix their mistakes. Mr. Torresi clarified that he was not making a legal argument; rather, as a citizen, he asked City Council to consider an 8-month liquor license to let Outlaws prove it had resolved the problem. Michael Schwab, 129 Main Street, Ames, identified himself as the ex-employee who provided the texts to the Police Department. Mr. Schwab stated that the collusion to allow entry to minors had been occurring throughout the two years that he worked for Outlaws. He stated that Mr. White was informed of the situation in February 2022 and in response Mr. Schwab was banned from the premises unless he agreed to drop the matter. Mr. Schwab noted that the incentive was to let minors into the bar in order to get tips. He stated that Mr. Walters directed the doormen to let everyone in before 11 p.m., and when Mr. Schwab refused to allow entry to minors, he was scheduled work only after 11 p.m. Mr. Schwab also stated his belief that moving Mr. Walters to a different bar spreads the problem further rather than solving it. Mr. Schwab clarified for Council Member Gartin that he called Mr. White several times to inform him of the situation prior to July 2022, when Mr. White stated he first learned about it, but did not get a response until he indicated he would bring the matter to the attention of the City Council. Mr. White came forward and stated that he received a phone call from Mr. Schwab on February 16th, 2022, but he believed the subject to be an isolated incident that was fully resolved. Mr. White stated he had no further communication with Mr. Schwab until June 2022, when Mr. Schwab’s lawyer notified him of intent to sue for wrongful termination, and July 2022 was the first time Mr. White was made aware of all of the texts. Mr. White expressed his belief that Mr. Schwab extorted him by requesting to be unbanned from his bars when he shared the texts and stated his intention to take the matter to the City Council. Council Member Junck inquired about the changes Mr. White made since either the first or second failed compliance check. Mr. White stated that he had implemented a robust front door policy. This involved allowing only two people to work the door, requiring those individuals to attend a weekly meeting with management, offering these positions a pay raise, and instituting bonuses for no minors cited on the premises in a month and penalties for more than one minor cited. He also added a provision to the employee handbook that requires all employees to report if they witness or are asked to perform any illegal activity, and a stronger code of conduct for managers is being drafted. Additionally, the district manager would be doing random stings, a new policy of 100% carding at any age has been implemented, and managers would spend 70% of their time at the door. Mr. White clarified for Council Member Betcher that the most recent failed compliance check did occur after all of the changes described had been implemented, and the doorman was fired immediately. 6 Kasey Walters, 1517 Grand Avenue, Ames, identified himself as the manager who sent the texts, admitted it was wrong and apologized for the behavior. He clarified for Council Member Gartin that it was his own idea to attend the meeting and take responsibility, and that Mr. White even advised against it. Mr. Schwab replied, stating that there were hundreds of instances of minors being allowed entry to Outlaws. He clarified that he confiscated two fake IDs from the underage individual on the December 17th, 2021, and was still overruled. Mr. Torresi commented in response that individuals should be allowed the opportunity to fix errors. He noted that two people have admitted that something went wrong and taken responsibility. Mr. Torresi asked the City Council to give an 18-year liquor license holding establishment a second chance to prove that the situation is resolved. The Mayor closed Public Input. Chief Huff clarified for Council Member Rollins the notification process for different kinds of citations. When a minor is cited for being on the premises, it is a very public and obvious action. Chief Huff stated that it would be surprising if staff was unaware of the citations, and it should be the responsibility of the establishment to track them. He explained that when an establishment fails a compliance check, the license holder is notified directly by ABD. Council Member Gartin stated that management should know what is happening at their establishments, and expressed concern that renewing this liquor license may incentivize other license holders to hide behind ignorance. Chief Huff clarified for Council Member Corrieri that the ABD discontinued the 6-month license option, so the available options are either 8-month or 12-month. Discussing the situation overall, Council Member Gartin stated his belief that an 18-year track record cuts the other way, arguing that after 18 years the establishment should know better. He stated that the primary role of city government is to keep citizens safe, and addressing underage drinking in Ames is an important part of that mission. Council Member Corrieri expressed difficulty in seeing the consistency between denying this license renewal and the license that was renewed two weeks before that also had 15 citations. Council Member Junck stated her belief that Outlaws’ failure of two compliance checks was a key difference. Council Member Beatty-Hansen agreed, stating that compliance checks are a lower bar than citations of minors, and Outlaws failed the lower bar twice. She further commented that the City Council denied a liquor license last week that defended its errors on the basis of ignorance much like Mr. White did, and consistency with that precedent would indicate denying this license as well. Council Member Rollins appreciated the steps that were being taken but stated that Mr. White was still accountable for the wrongs. Council Member Betcher also expressed appreciation for the changes being implemented. Council Member Gartin acknowledged that Chief Huff consistently goes out of his way to help keep businesses in operation, so the recommendation does not come lightly. 7 Moved by Gartin, seconded by Beatty-Hansen, to deny renewal of Class C Liquor License with Outdoor Service and Sunday Sales for Outlaws, 2522 Chamberlain Street. Vote on Motion: 5-1. Voting Aye: Beatty-Hansen, Betcher, Gartin, Junck, Rollins. Voting Nay: Corrieri. Motion declared carried. AMES URBAN FRINGE PLAN UPDATE: Planning and Housing Director Kelly Diekmann presented the response to the set of changes the Story County Board of Supervisors (BoS) proposed to the Ames Urban Fringe Plan Update. Some of the BoS proposed changes did not meet priorities identified by the City for a cooperative fringe plan, so the City Council directed staff to prepare a draft that incorporated the BoS proposed changes that could be balanced with City priorities. City staff relied on the Ames Plan 2040 for this task. Director Diekmann stated that the most significant policy issues for the City of Ames were the planned efficient growth for the community and compatibility of rural land use activities with future urban development. He also noted that both Gilbert and Story County joined Ames in extending the current 28E agreement until January 1st, 2023. With respect to the Urban Reserve Overlay, Story County requested changes related to no specific limitations on conditional uses in either the Urban Reserve or the Growth Areas and to limit annexation within the Urban Reserve Overlay or to have additional language regarding annexation ability within the Overlay. Gilbert also shared in June 2022 desire for sole annexation authority in the Urban Reserve areas north of 190th Street in Ames. Director Diekmann explained that staff did not recommend supporting these requested changes that limited annexation ability of the City as designed within Ames Plan 2040. The primary benefit of entering into a cooperative agreement is the willingness of the County to limit certain uses that would detract from future urbanization. However, staff recommended the following changes: • Establish 180th Street as an agreed upon annexation boundary between Gilbert and Ames, this would be part of a 28E agreement. Moving this boundary up from 190th can be justified since the Plan 2040 does not envision the City growing north of 180th • Propose limitations on conditional uses related primarily to outdoor uses (e.g. surface mineral extraction, wind energy, salvage, camping, power plant), but remove limitations on primarily indoor uses that that could otherwise be integrated into urban development. This assumes policies for reviewing future compatibility would apply • Include language stating clearly that involuntary annexation would not apply to Rural Residential designation or to properties with the Urban Reserve Overlay. This language makes it clear the City would not pursue annexation without a voluntary annexation request, but it would permit annexation with a voluntary annexation request and use of the 80/20 nonconsenting allowance to avoid islands and create uniform boundaries • Agree to add language framing the appropriateness of Urban Reserve Overlay annexations based upon need for land for development and its ability to be served consistent with Plan 2040. This language is intended to follow the current policies of Plan 2040 and provide assurance within the Fringe Plan that annexation would not be used to avoid County regulations or for unsupportable development without ability to utilize urban infrastructure 8 • Allow for land divisions consistent with the underlying land use base designation rather than be more restrictive in the Overlay. As requested by the County, this ensures equal treatment of agriculture and farm service properties to split off existing homes from farmland that do not create new development parcels. However, it does not allow for creating additional development lots, such as through residential parcel subdivisions Regarding map changes, Director Diekmann noted that these issues were of less concern regarding City priorities. Staff proposed the following changes: • Designate Meadow Glen as Existing Rural Residential with the Urban Reserve Overlay • Remove Urban Reserve Overlay for three properties: 1) West of George Washington Carver Avenue and land north of 190th Street west of the Railroad tracks, 2) Properties south of Worle Creek, and 3) Properties south of 265th Street southeast of Ames (outside of two miles). These changes respond to the BoS request to reduce the total area in the Urban Reserve Overlay • Amend Rural Residential Expansion Area language for the proposed amendment process and remove the area limitation. The key clarification is that no Rural Residential Expansion amendment (a new rural subdivision) is allowed within the Growth Area or Urban Reserve Overlay area. This policy was already included in the draft, but the Supervisors urged clarification of this intent. The language maintains that no area is mapped for Rural Residential Expansion at this time, and that an amendment is needed to create new rural subdivision areas • Remove the limitation on number of amendments in a year. This change is in response to a suggestion by the BoS • Add planned future I-35 interchanges as identified in Plan 2040 to the land use map • Clarify language for Growth Areas that rezoning of properties will not occur in the County, only within the City for development purposes For the “Other” category, Director Diekmann noted that the requested changes were of low consequence to the City. Staff proposed the following changes: • Draft 28E agreement for approval after plan approval for any cooperators (Story County and or Gilbert). The Agreement would be for five years with one automatic five year renewal unless notified by one cooperator not to extend it. This would mean the agreement would have a maximum life of 10 years. This clarified next steps to implement the final Fringe Plan. Implementation and definitions for this step are part of the draft Plan. A formal agreement would utilize the policies of the Plan and layout specific procedures as needed • Include language in the 28E agreement regarding the independent authority of each cooperator related to support for individual annexation recommendations. Additionally, include that Story County will provide to a city available natural resource inventories at the time of notification of a pending annexation to allow for a city. All cooperating parties would agree to act in accordance with the Plan, but the statement would recognize independent authority of each cooperator regarding their statutory authorities. All of this language was requested to be included by the Supervisors • Allows for property line adjustments for non-dwelling properties with no new developable areas. It is intended to allow for parcel boundary changes similar to the residential dwelling allowance to separate a use or structure from other agricultural land. Staff did not support this 9 proposed change by the Supervisors as a standalone change, but it could be supported with the consideration of the County to limit conditional uses and control expansion of non-conforming uses. The intent is not to encourage these uses, but to accommodate reasonable changes to property boundaries, especially for existing facilities In response to questions from Mayor Haila, Director Diekmann clarified that Meadow Glen is an existing Rural Residential neighborhood. In response to concerns from the BoS, staff proposed a text change so that properties in the Urban Reserve Overlay would be treated the same as agriculture/farm service properties with respect to allowing an existing dwelling to be split away from a larger parcel and remit that remainder as non-buildable lots. The City would reserve the right to do an 80/20 annexation if territory beyond Meadow Glen requested to be annexed. The Flummerfelt property is an example of such an area beyond Meadow Glen, but it would not have enough land on its own to meet the 80/20 criteria. Council Member Gartin expressed continued concern that the interests of the BoS were still too divergent from City interests. He noted that cooperation would be ideal, but ultimately a 28E agreement may not work out, and many cities function well without such agreements. Council Member Beatty-Hansen expressed willingness to move on without a 28E plan if the current round of negotiations does not work out. Director Diekmann clarified for Mayor Haila that the City operates in Boone County without a fringe plan, so annexation is only limited by state law. The primary benefit to the City of a 28E agreement would be Story County regulating conditional uses near the City. For the County, a 28E agreement helps establish predictability and addresses natural resource protections. Director Diekmann noted that if the City Council approved the draft changes, the recommendation would be sent on to the BoS and Gilbert for review; if both parties agree to the changes, a document could be finalized as early as January 2023 for Public Hearing, Planning and Zoning Commission review, and ultimately a return to the City Council as early as March 2023. Mayor Haila opened the Public Input. Lauris Olson, 1705 Buchanan Drive, Ames, expressed support for having a 28E agreement and urged the City Council to remember their constituents. Phil Iasevoli, 3108 South Dakota Avenue, Ames, stated opposition to a 28E agreement, observing that the City has only conceded three out of 14 conditional uses the BoS requested dropped; the reduction of acres from the Urban Reserve overlay is miniscule; the BoS represents rural residents; and other fringe plans in Iowa are much less restrictive. Liesel Danielson, 2981 South Dakota Avenue, Ames, noted opposition to a 28E agreement that includes conditional use limits, stating that the changes staff proposed would put existing businesses in the Urban Fringe into the category of legal nonconforming, meaning they cannot expand or rebuild if destroyed past 60%. She defended local businesses and asked the City Council 10 to consider their interests, observing that southwest growth is unlikely because most of the adjacent land is owned by Iowa State University, and the remaining land is environmentally sensitive. Kim Christensen, 2985 South Dakota Avenue, Ames, shared support for a 28E agreement only if it could be a win for everyone, observing that many people affected by the Urban Fringe plan and conditional uses have resided there for a long time. He encouraged the City Council to go beyond merely considering what it is good for Ames and consider benefits across the board. Mayor Haila closed the Public Input. Director Diekmann clarified for Mayor Haila that nonconforming categorization would not typically allow for expansion, but the indoor use categories were struck from the list, so those businesses would not be classified as nonconforming. He further explained that the City has no standing in the conditional use permit process, which is why its inclusion in the 28E agreement is important for City interests. Council Member Gartin observed that a speaker in the Public Input discussed the BoS as the representatives of rural residents, and Council Member Gartin added on that the BoS also represents Ames. Moved by Gartin, seconded by Corrieri, to proceed as recommended by staff. Vote on Motion: 6-0. Motion declared carried unanimously. The meeting recessed at 8:06 p.m. and resumed at 8:14 p.m. LOW-INCOME HOUSING TAX CREDIT (LIHTC) PROPOSAL FOR BAKER SUBDIVISION: Housing Coordinator Vanessa Baker-Latimer provided an update on the Baker Subdivision. At its July 26th, 2022, meeting, the City Council directed staff to prepare a new Request for Proposals (RFP) for a 4% LIHTC housing project located at 321 State Avenue due to the expiration of the developer’s agreement with Prairie Fire Corporation, which involved a 9% LIHTC option. The noncompetitive 4% LIHTC option was chosen in hopes of facilitating quicker site development. Coordinator Baker-Latimer surveyed the significant components of the RFP: • Applying for the Iowa Finance Authority’s 4% LIHTC program rather than the 9% • Development intensity between 30-50 dwelling units • Supporting lower income affordable housing units developed to include a minimum of 10% to be set aside for Section 8 Housing Choice Voucher participants • Entering into a developer’s agreement with the City of Ames, to prepare a 4% LIHTC application which includes the terms for the developer’s construction and on-site management of the project, the City’s participation in the project, transfer of land for the development of the project, and anticipated start date of the construction. In no case shall the start date be greater than 120 days after the award of the tax credits • Completing an agreement with the City of Ames within 45 days from the date of acceptance of the proposal by the City Council. The application shall be submitted to the Iowa Finance 11 Authority (IFA) on or about 30-45 days after a developer’s agreement has been signed with the City of Ames • Use of geothermal • Sale of the city owned site to the developer (Lot 27) at a reduced or no cost • Additional scoring points for an increased percentage of Affordable Housing Units for either Section 8 Housing Choice Voucher participants or households with income at 50% or less of the Ames Metropolitan Statistical Area Income Limits (10pts) • Use of City HOME funds in an amount up to $1.8 million The proposals submittal deadline was September 13th, 2022. The City received one proposal in response to the RFP from The Commonwealth Companies (Commonwealth). Coordinator Baker-Latimer stated that Commonwealth proposed 36 units, including 14 four- bedroom townhome units; 10 three-bedroom townhome units; 8 two-bedroom units; and 4 one- bedroom units. The units are planned to be affordable for 30 years for 60% AMI. The assumption in the pro forma is for the maximum rental amounts allowed under the LIHTC program. The proposed timeline of the developer targeted completion of the project and lease up by the winter 2024/25. The proposal includes the site granted by the City at zero cost, as well as a contribution of $1.8 million from the HOME funds allocated to the City. According to Coordinator Baker-Latimer, an evaluation committee comprised of staff members from Planning and Housing, Legal, Public Works, Electric Services, and the Purchasing Division assessed the responsiveness of the proposal in relationship to the RFP objectives and other submittal requirements. After an on-site interview on October 14th, 2022, the committee felt that the proposal from Commonwealth met the minimum requirements of the RFP, but had reservations about the overall timeline length, details on the assumed rent levels, financing, market support for 14 four-bedroom units, architectural detailing, and integration of geothermal. Staff believed the project could be improved with adjustments to the mix of units and overall design. As a result, staff approached Commonwealth about making changes to the proposal to address the following: • Decrease the number of 4-bedroom units to 3-bedroom units • Establish 50% of the units at a maximum of 50% of AMI • Accept additional units for Section 8 vouchers outside of the required set side • Improve the façade treatments to incorporate additional architectural details to the roof lines and stone materials to the facades similar to a prior project in Greeley, CO • Better address the pricing or cost savings in regard to the Geothermal component • Accelerate LIHTC Application process and plan approval by 6 months (Target lease up for July 1, 2024) • Approve a development agreement in December 2022 and proceed with LIHTC application milestones in January 2023 Coordinator Baker-Latimer shared that Commonwealth responded to this request by updating the pro forma in regard to additional construction costs for improved design, reduced rents, and impacts of higher interest rates. Commonwealth has also indicated a strong interest in partnering 12 to apply for a 9% LIHTC project as it would assist in meeting the goals for the project and improve the financial conditions of the project proposal. Coordinator Baker-Latimer stated that staff also met and presented the proposal with the Neighborhood Association to gain their input. There were concerns expressed regarding the reduction in the number of parking spaces needed to allow for the amenities, and the rent prices. The total number of units and the overall design were supported. Council Member Gartin inquired about market rent rates and how affordable the proposed rents would be. Coordinator Baker-Latimer explained that the Department of Housing and Urban Development (HUD) describes 60% AMI as the level where individuals cannot afford to buy a home, but can afford rent without subsidy. For lower-income residents, 60% AMI would be too expensive to rent without subsidy. Coordinator Baker-Latimer further clarified that the 60% ceiling is set by the LIHTC program. Director Diekmann clarified for Council Member Gartin that the City’s investment per unit for the City would be $60,000 at the original $1.8 million project price, and over $110,000 with the cost increases from the updated pro forma. Mayor Haila opened the Public Input. Lauris Olson, 1705 Buchanan Drive, Ames, speaking as President of Home Allies, expressed support for the 9% LIHTC option. Mayor Haila closed the Public Input. Moved by Gartin, seconded by Betcher, to decline to accept the proposal and direct staff to prepare an outline for an RFP in December to once again solicit development proposals for this project in January 2023 for either 4% or 9% tax credit (for an application to IFA due in the Spring of 2023). Vote on Motion: 6-0. Motion declared carried unanimously. WEST TOWNE RESIDENTIAL USES: Planner Justin Moore stated that the staff report addressed the request from West Towne Apartments for residential uses. Property owner Brent Haverkamp asked the City Council to allow for the conversion of ground level units at his West Towne Apartments at 4720 Mortensen Road Suite 105 from commercial to fully residential. The current zoning is CCR, which only allows residential above ground-level commercial. The requested change would retain 32,000 square feet of finished commercial space, and would add 129 ground-level residential units, bringing the total number of units to 325 residential units. The City Council previously directed staff to explore incorporating affordable housing into this site with any allowance for ground-level residential units. West Towne Apartments offered two options for affordable housing. The first option would be to open up all 325 units to accept Section 8 vouchers. The second option would be to fix four to five of the new ground-level residential units at the 60% AMI threshold. 13 Staff identified two options to address the zoning requirements. The first option would be a zoning text amendment to the CCR zone standards. The second option would be to rezone the property from CCR to RH with a contract rezoning agreement. Planner Moore stated that staff preferred the text amendment and Section 8 vouchers options. Director Diekmann commented that this staff report was a high-level report, so many details on the logistics would still have to be worked out. Conceptually, the proposal would allow a lower- income household to be housed at this location. Council Member Junck noted that existing rents for this property are close to the 60% AMI numbers shared by Housing Coordinator Baker-Latimer. Director Diekmann clarified for Council Member Gartin that Staff expects this agreement to be binding permanently, given that the land use right would be permanent. Housing Coordinator Baker-Latimer clarified for Mayor Haila that Ames currently has a significant unmet need of landlords willing to accept Section 8 vouchers. Her office recently received 76 emergency vouchers, and of those only 20 were able to be used in Ames. Coordinator Baker-Latimer further explained that vouchers are for 30% AMI or less, which means that the voucher-holder pays no more than 30% AMI and the voucher covers the remainder of the cost. Mayor Haila opened Public Input. Brent Haverkamp, 3913 Timber Creek Lane, Ames, spoke in favor of the rezoning and the acceptance of Section 8 vouchers. Mayor Haila closed Public Input when no one came forward to speak. Council Member Gartin shared strongly-held concerns regarding the proposal, arguing for the need for a consistent policy to address when quid pro quo is appropriate in response to requests of a similar nature. Moved by Beatty-Hansen, seconded by Betcher, to allow for applicant to apply for a text amendment to the CCR zone standards to allow for ground level residential units with approval of a Major Site Development Plan and affordable housing plan, and to draft in a Developers Agreement that West Towne Apartments LC would open up all 325 residential units to accept Section 8 vouchers. Vote on Motion: 5-1. Voting Aye: Beatty-Hansen, Betcher, Corrieri, Junck, Rollins. Voting Nay: Gartin. Motion declared carried. RESIDENTIAL SOLAR ZONING REGULATIONS: Planning and Housing Director Diekmann stated that the staff report was written at the direction of the City Council in response to a letter from a citizen, who hoped to remove regulatory complications so more residents would adopt solar power. 14 Director Diekmann reviewed the three options for addressing the issue in the staff report. Option 1 would delete the standards for roof mounted solar energy systems for residential, commercial, and industrial properties. Option 2 would modify the standards for solar energy systems for only residential properties. Option 3 would modify all standards for solar energy systems for residential, commercial, and industrial properties. He noted that Staff recommended Option 1, as rooftop solar is by far the most common type of solar installation, and this option would address the concern of the letter-writer. Mayor Haila opened the Public Input. Jeri Neal, 916 Ridgewood Avenue, Ames, spoke on behalf of the Ames Climate Action Team, expressing support for Option 1. Mayor Haila closed the Public Input when no one came forward to speak. Moved by Beatty-Hansen, seconded by Corrieri, to delete the standards for roof mounted solar energy systems for residential, commercial, and industrial properties. Vote on Motion: 5-0. Absent from voting: Rollins. Motion declared carried unanimously. RESOURCE ENHANCEMENT AND PROTECTION (REAP) GRANT AGREEMENT: Parks and Recreation Director Keith Abraham stated that the application by the City of Ames for the REAP grant scored the best out of 30+ applications. He expressed thanks to the team that prepared the application, including Public Relations Officer Susan Gwiasda, Parks and Facilities Superintendent Joshua Thompson, and Lisa Hein of the Iowa National Heritage Foundation. Mayor Haila opened and closed the Public Input when no one came forward to speak. Moved by Junck, seconded by Betcher, to adopt RESOLUTION NO. 22-607 approving entering into the Resource Enhancement and Protection (REAP) grant agreement with the Iowa Department of Natural Resources in the amount of $200,000. Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON PROPOSAL TO ENTER INTO A WATER REVENUE LOAN AND DISBURSEMENT AGREEMENT: Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Betcher, seconded by Junck, to adopt RESOLUTION NO. 22-608 taking additional action on proposal to enter into a Water Revenue Loan and Disbursement Agreement for new water wells. Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. 15 HEARING ON PROPOSAL TO ENTER INTO A SEWER LOAN AND DISBURSEMENT AGREEMENT: Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Betcher, seconded by Gartin, to adopt RESOLUTION NO. 22-609 taking additional action on proposal to enter into a Sewer Revenue Loan and Disbursement Agreement for the Annual Sanitary Sewer System Improvements Program (FY 2018/19, 2019/20, 2020/21, and 2021/22). Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. FIRST PASSAGE OF ORDINANCE TO AMEND CHAPTER 12, SECTION 12.2 AND 12.3 FOR THE PURPOSE OF ESTABLISHING ELECTION OF HOSPITAL TRUSTEES, TERM OF OFFICE, AND QUALIFICATIONS: Mayor Haila opened and closed the Public Hearingwhen no one came forward to speak. Moved by Gartin, seconded by Junck, to pass on first reading an ordinance to amend Municipal Code of the City of Ames, Iowa, by amending Chapter 12, Section 12.2 and 12.3 for the purpose of establishing election of hospital trustees, term of office and qualifications. Roll Call Vote: 6-0. Motion declared carried unanimously. THIRD PASSAGE AND ADOPTION OF ORDINANCE NO. 4482 REZONING 3700-5898 E. LINCOLN, 799 TELLER AVENUE, AND 220 & 420 SOUTH AVENUE AGRICULTURAL (A) TO INTENSIVE INDUSTRIAL (II): Moved by Betcher, seconded by Corrieri, to pass on third reading and adopt ORDINANCE NO. 4482 Rezoning 3700-5898 E. Lincoln, 799 Teller Avenue, and 220 & 420 South Avenue Agricultural (A) to Intensive Industrial (II). Roll Call Vote: 6-0. Motion declared carried unanimously. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted there was one item to consider. The item was an email from Kurt Friedrich on zoning limitation at 320 Jewell Drive. Moved by Gartin, seconded by Junck, to refer the matter to Planning and Housing Director Kelly Diekmann for a memo. Vote on Motion: 6-0. Motion declared carried unanimously. COUNCIL COMMENTS: Council Member Betcher wished everyone a Happy Thanksgiving with family and friends. Council Member Junck echoed the Happy Thanksgiving wishes, and stated that she was sitting with many ideas from the National League of Cities conference that she hoped to share soon. 16 ADJOURNMENT: Moved by Gartin, seconded by Junck, to adjourn the meeting at 9:04 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. __________________________________ ____________________________________ Jeramy Neefus, Recording Secretary John A. Haila, Mayor __________________________________ Renee Hall, City Clerk REPORT OF CONTRACT CHANGE ORDERS General Description Change Original Contract Total of Prior Amount this Change Contact Electric Services Recreation and other Services Contract Inc. Parks & Recreation Company Upgrade Systems Period: Item No. 4 Caring People  Quality Programs  Exceptional Service Item No. 5 MEMO TO: Members of the City Council FROM: John A. Haila, Mayor DATE: December 13, 2022 SUBJECT: Setting Special City Council Meeting Dates The work of setting the City’s annual budget requires more time than is afforded by Regular City Council Meetings. Special City Council Meetings are needed to cover the topics of Capital Improvements Projects (CIP), Budget Overview, Budget Hearings, and Budget Wrap-Up. Therefore, I recommend that the Council set the following Special City Council meeting dates: • January 17, 2023, at 5:15 p.m. for CIP Work Session • February 3, 2023, at 2:00 p.m. for Budget Overview • February 7, 8, 9, and 14, 2023 at 5:15 p.m. for Budget Hearings and Wrap-Up JAH/jsn Mayor’s Office 515.239.5105 main 515 Clark Ave. 515.239.5142 fax Ames, IA 50010 www.CityofAmes.org Caring People  Quality Programs  Exceptional Service Item No. 6 MEMO TO: Members of the City Council FROM: John A. Haila, Mayor DATE: December 13th, 2022 SUBJECT: Cancellation of the Regular City Council Meeting on December 27th, 2022 MOL/ Regular City Council Meetings are scheduled on the second and fourth Tuesdays of every month. The fourth Tuesday of December, December 27th, 2022, falls on a City holiday. City Offices will be closed for the holiday. Therefore, I recommend that the Council cancel the Regular City Council Meeting on December 27th, 2022, due to the holiday closure of City Offices. JAH/jsn Mayor’s Office 515.239.5105 main 515 Clark Ave. fax Ames, IA 50010 Item No. 7 HY-VEE, INC. OFFICERS & DIRECTORS 2022 NAME MIDDLE NAME ADDRESS BIRTHPLACE DOB Chairman of the Board, Executive Director Randall B. Edeker Burdette 2815 100th St, Box 385 Urbandale IA 50322 Worthington MN 12/13/62 Chief Executive Officer, President, Hy-Vee, Inc. Jeremy G. Gosch Gail 14231 Ridgemont Drive Urbandale IA 50323 Ida Grove IA 11/01/74 Chief Executive Officer, Hy-Vee Health & Innovation; President, Hy-vee Healthcare, LLCAaron Wiese 4840 159th Street Urbandale IA 50323 Storm Lake IA 12/30/76 Chief Operating Officer Kevin T. Sherlock Timothy 4839 159th Street Urbandale IA 50323 Iowa City IA 08/25/68 Executive Vice President, Chief Technology Officer; President, Red Media Jason Farver 7604 NW 104th CT Johnston IA 50131 9/11/76 Executive Vice President, Secretary, Chief Counsel Michael P. Jurgens Paul 7030 Rocklyn Circle Urbandale IA 50322 Muscatine IA 01/11/74 Executive Vice President, Hy-Vee, Inc.; President, Fresh Brands Michael P. Kueny 7087 Hillcrest Court Johnston IA 50131 07/30/65 Executive Vice President, Chief Supply Chain Officer Karl J. Kruse Joseph 8021 Tiburon Place Johnston IA 50131 Dubuque IA 03/19/65 Executive Vice President, Chief Social/Digital Commerce Officer Matthew T. Ludwig Thomas 6267 Enclave Circle Johnston IA 50131 Des Moines IA 06/17/70 Executive Vice President, Chief Growth Officer Jeffrey A. Markey Alan 15209 Plum Drive Urbandale IA 50323 Boone IA 01/28/70 Executive Vice President, Hy-Vee, Inc.; President, Subsidiaries/Commissaries Jeffery J. Mueller 3417 SW 56th Street West Des Moines IA 50265 11/17/71 Executive Vice President, Chief Financial Officer, Treasurer Andrew M. Schreiner Michael 8550 Parkside Circle West Des Moines IA 50266 Ottumwa IA 12/13/77 Executive Vice President, Chief Merchandising Officer Anna M. Stoermer 8921 N Marsh Ave Kansas City MO 64157 01/20/89 Executive Vice President, Chief, Chief of Staff, Chief Marketing Officer Donna M. Tweeten Marie 14881 Woodcrest Drive Clive IA 50325 Chicago IL 01/31/63 Executive Vice President, Chief Administrative Officer, Chief Customer Officer Georgia G. Van Gundy 165 Indian Ridge Drive Waukee IA 50263 02/14/69 Executive Vice President, Chief Health Officer, President, Amber Specialty Pharmacy/HPSKristin K. Williams Kelly 9017 Wickham Drive Johnston IA 50131 Council Bluffs IA 08/29/77 Senior Vice President, Center Store Joel R. Allen Robert 9808 Dunmore Circle Johnston IA 50131 Estherville IA 03/19/77 Senior Vice President, Central Region Joshua T. Asche Tade 14618 Brookview Drive Urbandale IA 50323 Pipestone MN 05/29/77 Senior Vice President, Special Events Denise E. Broderick Elizabeth 1704 NW Prairie Creek Drive Grimes IA 50111 Ames IA 06/27/71 Senior Vice President, Perishables Thomas S. Crocker Samuel 8610 EP True Pkwy #3012 West Des Moines IA 50266 Los Angeles CA 10/26/80 Senior Vice President, Retail Media Jessica L. Enos Lynn 304 Shiloh Rose Pkwy NW Bondurant IA 50035 Cherokee IA 02/12/85 Senior Vice President, Chief Medical Officer Daniel S. Fick 510 Auburn Hills Drive Coralville IA 52241 4/11/63 Senior Vice President, Northern Region Mary L. Fuhrman Lynn 3612 Sawgrass Trail S. Eagan MN 55123 Adrian MN 12/10/72 Senior Vice President, Hy-vee, Inc.; President, Dollar Fresh Markets Lucas A. Glasgow 2611 8th Ave SW Altoona IA 50009 05/30/82 Senior Vice President, Chief Technology Officer Jody L. Gosch 1784 Homestead Drive Liberty MO 64068 10/26/77 Senior Vice President, Chief Digital Officer Matthew C. Hagewood 3667 NW 165th Street Clive IA 50325 07/02/85 Senior Vice President, Southern Region Andrew W. Holmes William 16437 Perry Street Overland Park KS 66085 Des Moines IA 06/17/72 Senior Vice President, Chief Data Officer Travis M. Hoover Michael 1022 S. 10th Street Adel IA 50003 Burlington IA 01/12/83 Senior Vice President, Administration Lindsay R. Knoop Raye 14811 Holcomb Avenue Urbandale IA 50323 Fremont NE 03/27/84 Senior Vice President, Hy-Vee, Inc. President, Lomar Daniel W. Lugar William 822 NE Westgate Waukee IA 50263 Mason City IA 05/26/61 Senior Vice President, Digital Marketing Matthew A. Nannen Alexander 16023 Northview Drive Urbandale IA 50323 Norfolk NE 04/15/71 Senior Vice President, Pharmacy Angela K. Nelson Kaye 1209 NE 45th Ankeny IA 50021 Jefferson IA 05/16/77 Senior Vice President, Communications Tina L. Pollpeter Louise 15324 Airline Avenue Urbandale IA 50323 St. Louis MO 02/04/77 Senior Vice President, Store Development Andrew M. Reich Michael 14415 Dellwood Drive Urbandale IA 50323 Sumter SC 12/08/78 Senior Vice President, Hy-Vee, Inc., President, Vivid Clear Rx Jessica L. Ringena Lynn 14615 Hickory Drive Urbandale IA 50323 Burlington IA 06/17/79 Senior Vice President, Eastern/Southeast Region Ryan L. Roberts Lee 128 Arlington Drive Iowa City IA 52245 Omaha NE 04/27/75 Senior Vice President, Supply Chain and Transportation Jody M. Sandy Michelle 106 W. Orchard Avenue Indianola IA 50125 Des Moines IA 01/20/82 Senior Vice President, Accounting, Controller Andrew W. Schroeder William 5764 Chatham Circle Johnston IA 50131 Rock Island, IL 05/09/87 Senior Vice President, Private Brands Elissa K. Sloss 1516 Germania Drive Des Moines IA 50311 10/22/85 Senior Vice President, Operations, Indiana Jamie L. Stephens Lee 14327 Holcomb Avenue Urbandale IA 50323 Mason City IA 06/26/70 Senior Vice President, Food Service; President, Wahlburgers Nathan J. Swalley 27669 484th Avenue Canton SD 57013 05/12/78 Senior Vice President, Chief Information Officer Lucas C. Tingley Christopher 4620 161st Court Urbandale IA 50323 Des Moines IA 04/19/78 Senior Vice President, Supply Chain Steven Venegas 3895 Westwind Court Waukee IA 50263 07/08/75 Senior Vice President, Procurement Isaac Wiese 7604 NW 99th Court Johnston IA 50131 Spirit Lake IA 09/28/78 Senior Vice President, Marketing Amy L. Wittry Lynn 6355 Pommel Place West Des Moines IA 50266 Des Moines IA 03/11/87 Regional Vice President, Area 3, Southwest Iowa Bradley L. Auge 2354 W Darby St Springfield MO 65810 03/02/76 Regional Vice President, Area 7, Minnesota/South Dakota Shawn L. Brown Lee 904 Wynstone Drive Jefferson SD 57038 Kearney NE 08/03/67 Regional Vice President,Area 14, Kansas Robert L. Budd III 15243 W 172nd Place Olathe KS 66062 06/18/74 Regional Vice President, Area 13, Wisconsin James E. Carney Eugene 2073 Creek Wood Drive Dubuque IA 52003 Fort Dodge IA 10/21/71 Regional Vice President, Area 16, Healthmarkets and Clinics Jeffrey A. Carter Allen 1452 Hunters Green Way Marion IA 52302 Centerville IA 09/05/69 Regional Vice President, Nashville Eric A. Gharst 12212 N Wake Robin Way Dunlap IL 61525 11/20/76 Regional Vice President, Area 5, Central Iowa John A. Griesenbrock Andrew 14917 Coyote Circle Urbandale IA 50323 Brookings SD 08/27/78 Regional Vice President, Area 4, Southwest Iowa Timothy J. Michael 430 SW Elder Lane Trenton MO 64683 12/31/66 Regional Vice President, Area 1, Des Moines Kevin R. Mills Robert 5400 Windrose Ames IA 50014 Dubuque IA 03/18/70 Regional Vice President, Area 12, Illinois Kory M. Robinson 2000 Parkview Raymore MO 64083 12/31/86 Regional Vice President, Quad Cities Elise J. Scheil 1102 Ella Avenue Tiffin IA 52340 08/11/87 Regional Vice President, Area 2, Northeast Iowa Andrew M Streit 3115 Newcastle Rd Marion IA 52302 12/26/70 Regional Vice President Mitchell M. Streit Morgan 15151 Mill Ridge Lane Council Bluffs IA 51503 Cedar Rapids IA 08/03/60 Regional Vice President, Louisville Christopher R. Strub 3637 Kolstad Rd Eagan MN 55123 12/11/81 Regional Vice President, Area 6, Minneapolis Anthony M. Taylor 19875 Executive Path Farmington MN 55024 03/10/80 Regional Vice President, Indianapolis Kyle M. Thornsbrough 2957 Country Aire Ave Lasalle IL 61301 04/12/79 Regional Vice President, Area 15, Kansas City Todd G. Wagner Gerard 8430 Cardinal Street Lenexa KS 66219 Maryville MO 11/03/69 Regional Vice President, Area 9, Omaha Ginny L. Ward 16905 Emiline Street Omaha NE 68136 08/31/78 Regional Vice President, Area 10, Nebraska Francis E. Woodward Jr 5808 N. 294th Circle Valley NE 68064 11/12/69 Vice President, Deputy Chief Counsel, Assistant Secretary Nathan S. Allen Stephen 809 Summit Place Indianola IA 50125 Centerville IA 07/09/80 Vice President, Finance Kyle B. Auffert 1113 Ridgetop Drive Huxley IA 50124 11/28/90 Vice President, DSD Erin M. Bailey Michelle 1655 Thornwood Road West Des Moines IA 50265 Chariton IA 11/01/73 Vice President, Distribution, Chariton Matthew L. Beenblossom Layne 104 S. 19th Court Indianola IA 50125 Washington IA 06/10/67 Vice President, Human Resources Karen L. Boriskey Leigh 3011 N. Cattail Creek Cumming IA 50061 Marshalltown IA 01/21/68 Vice President, Chief Security and Infrastructure Officer Jeremiah Bristow 7016 Harbour Drive Johnston IA 50131 04/15/75 Vice President, Special Events Courtney N. Brobst Nicole 20811 Woolworth Avenue Elkhorn NE 68022 03/23/82 Vice President, Delicatessen Abby M. Byers 5914 Beechtree Drive West Des Moines IA 50266 05/19/86 Vice President, Social/Digital Content Sara L. Canady Lynne 2830 SE Timberline Drive Waukee IA 50263 Cedar Rapids IA 07/11/84 Vice President, Red Media Operations Justin B. Coaldrake 2826 147th St Urbandale IA 50323 10/29/91 Vice President, Accounting, Assistant Controller Scott W. Copeland 5108 NE Bellagio Court Ankeny IA 50021 5/15/89 Vice President, Private Brands Shawn L. Crouse 2915 157th Street Urbandale IA 50323 04/26/66 Vice President, Food Manufacturing Kevin M. Dougan Matthew 830 SE 8th Street Ankeny IA 50021 Trenton MO 09/17/65 Vice President, Aisles Online Danny A. Gubbins Allen 840 Lakeview Avenue Polk City IA 50226 Watertown SD 08/09/77 Vice President, Store Development, Real Estate Phillip E. Hoey 2960 320th St W Northfield MN 55057 10/28/81 Vice President, Government Relations Stacey L. Johnson 339 42nd Street Des Moines IA 50312 03/08/73 Vice President, Benefits & Risk Management Kristine M. Jones Margaret 10578 NW 71st Lane Johnston IA 50131 Decorah IA 05/22/80 Vice President, Hy-Vee, Inc., Chairman, President, CEO, Midwest Heritage Bank Tony S. Kaska Shaw 1032 N 6th Street Chariton IA 50049 Mt. Pleasant IA 06/14/65 Vice President, Brand & Image Chelsea A. Kumbera 2116 SW Westwood St. Ankeny IA 50023 12/28/89 Vice President, Produce Jeffrey S. Mallory 1150 Haver Drive North Liberty IA 52317 10/01/75 Vice President, General Merchandise Doulgas J. Mezger 795 SE Bell Dr Waukee IA 50263 06/18/79 Vice President, Floral & Home Jan M. Nichols 1860 Wood Duck Court North Liberty IA 52314 03/12/82 Vice President, Sports Marketing Matthew J. Nickell John 825 SE Westgate Drive Waukee IA 50263 07/11/83 Vice President, Store Design Aimee C. O'Leary 699 46th Street Des Moines IA 50312 06/02/67 Vice President, Meat & Seafood Jason F. Pride Franklin 1800 NW Prairie Creek Dr. Grimes IA 50111 Maryville MO 11/04/71 Vice President, Hy-Vee, Inc., Chief Operating Officer, Chief Pharmacy Officer, Amber Specialty PharmacyMicaila M. Ruiz Marie 2521 N. 52nd Street Omaha NE 68104 Minden NE 04/19/76 Vice President, North, Hy-Vee Fast & Fresh Curtis D. Sills Dwight 4037 53rd Street Des Moines IA 50310 Brookings SD 10/16/72 Vice President, Enterprise Security Jamison S. Sipes 1105 SW 10th LN Grimes IA 50111 05/29/72 Vice President, Distribution, Cherokee Lisa A. Stowater Ann 4781 High Country Road Cherokee IA 51012 Cherokee IA 02/10/70 Vice President, Fashion, Beauty, Innovation Shelby K. Stritzke Kay 3932 163rd Street Urbandale IA 50323 Des Moines IA 05/15/76 Vice President, Marketing Projects, Digital Media Melissa A. Vogel Ann 3918 125th Street Urbandale IA 50323 Iowa City IA 09/01/79 Vice President, Bakery Brandon C. Williams Clark 9501 Twin Eagles Dr Johnston 50322 Omaha NE 09/22/76 Vice President, Wine & Spirits, COO, Wall to Wall Wine & Spirits Jason W. Wilson Walter 10683 NW 71st Lane Johnston IA 50131 Council Bluffs IA 09/15/71 Vice President, Red Media Sales Kayla M. Winstead 2922 NE Brentwood Circle Grimes IA 50111 11/22/89 Group Vice President, GM & HBC Barry T. Annan Todd 19603 Poppleton Avenue Omaha NE 68130 Des Moines IA 04/18/67 Group Vice President, Merchandising & Marketing, Hy-Vee Fast & Fresh Christopher M. Carrow 240 Abigail Lane Waukee IA 50263 11/25/77 Group Vice President, Training and Engagement Laura B. Edwards Beth 300 Aaron Avenue NW Bondurant IA 50035 Webster City IA 02/27/84 Group Vice President, Compliance and Food Protection Christopher P. Gindorff 8753 Deer Path Eden Prairie MN 55344 3/24/64 Group Vice President, Point of Sale James L. Harrison Lee 6907 Sweetwater Drive Des Moines IA 50320 Las Cruces NM 06/14/78 Group Vice President, Wahlburgers at Hy-Vee Kimberly A. Jay 2793 NW 165th Street Clive IA 50325 06/23/70 Group Vice President, Loss Prevention & Asset Protection David J. Kozak James 745 Patterson Drive Carlisle IA 50047 Centerville IA 01/04/71 Group Vice President, Specialty Food Warehouse Brent T. McKenzie 105 1st Street NW Bondurant IA 50035 10/30/75 Group Vice President, Red Media Marketing, UI/UX Ryan C. Neville 106 W. Pine Avenue Norwalk IA 50211 03/14/77 Group Vice President, Hy-Vee Fresh Commissary Molly R. Olson Rae 5858 158th Street Apple Valley MN 55124 Fort Dodge IA 03/30/82 Group Vice President, Food Service, Coffee Craig A. Paschka 1317 NW 90th Street West Des Moines IA 50266 04/17/83 Group Vice President, Food Service, Hy-Vee Fast & Fresh Bryan D. Polc 613 NE Plumbrook Place Lee's Summit MO 64064 01/08/78 Group Vice President, Hy-Vee Construction Dominic R. Punelli 15902 Wilden Drive Urbandale IA 50323 08/28/77 Group Vice President, Chief Operating Officer, FDI Debra A. Riedel Ann 9820 NE 23rd Ave Mitchellville IA 50169 Spencer IA 03/22/65 Group Vice President, Digital Pharmacy, Hy-Vee, Inc., President, RedBox Rx Marshall L. Sanders Lee 3109 152nd Street Urbandale IA 50323 La Crosse WI 02/26/80 Group Vice President, Retail Development Michael N. Spiker 2403 NW Rockcrest Ct Ankeny IA 50023 04/19/82 Group Vice President, President, A+ Communications & Security Daniel J. Strait 3120 SE 20th ST Ankeny IA 50021 03/15/78 Group Vice President, Operations, Hy-Vee Fast & Fresh Angela K. Waltz Kaye 3687 NW 169th Street Clive IA 50325 Oskaloosa IA 03/03/85 Group Vice President, Support Services Scott D. Wilkinson 7603 Oakwood Drive Urbandale IA 50322 10/17/68 Group Vice President, Supply Chain & Network Infrastructure Max H. Winstead 905 SE Dolan Drive Grimes IA 50111 11/10/88 Asst. Vice President, Dollar Fresh Operations Keath E. Allen Edward 4019 139th Street Urbandale IA 50323 Baltimore MD 02/14/80 Asst. Vice President, Executive Assistant to the Chairman & CEO Elizabeth A. Arickx 195 Dunham Drive Waukee IA 50263 04/01/90 Asst. Vice President, Loss Prevention Phillip J. Burrell 2016 SE Adams Street West Des Moines IA 50061 01/13/69 Asst. Vice President, Fresh Brands Marketing Katelyn M. Cateron 2501 NE 10th Street Grimes IA 50111 06/29/87 Asst. Vice President, Chief Operating Officer, D&D Foods, Inc. Steven C. DeLaCruz Charles 1375 Abercorn Drive Council Bluffs IA 51503 Davenport IA 04/19/62 Asst. Vice President, Bakery Raymond A. Doughan Ambrose 6200 EP True Parkway #608 West Des Moines IA 50266 Britt IA 05/18/64 Asst. Vice President, Data & Media Partnerships Clinton E. Ellis 25210 270th Street Dallas Center IA 50063 10/15/89 Asst. Vice President, Product Planning & Strategy Jordan Fitzsimmons 706 SW Magazine Road Ankeny IA 50023 11/08/91 Asst. Vice President, Loss Prevention Scott L. Foughty 1353 E. Pine Ridge Drive Polk City IA 50226 05/03/69 Asst. Vice President, Hy-Vee, Inc., President, Lomar Todd D. Fox 3855 Bison Trail Waukee IA 50263 04/06/82 Asst. Vice President, Communications Christina M. Gayman 209 NE 25th Court Grimes IA 50111 06/29/82 Asst. Vice President, Retail Accounting Becky J. Hockman Jo 3010 SW Pleasant Ct Ankeny IA 50023 Cherokee IA 08/25/74 Asst. Vice President, Engineering Tonia Householder 11134 Hwy S6G Prairie City IA 50228 05/06/83 Asst. Vice President, Executive Security Shannon M D Hughes Michael David 901 Shelby Drive Adel IA 50003 Helena MT 03/23/73 Asst. Vice President, Human Resources, Chariton DC Colby L. Kenyon Lee 646 11th St SW #C7 Le Mars IA 51031 04/22/84 Asst. Vice President, Customer Care Carey L. Lenning 3508 SE Glen Dr Grimes IA 50111 09/02/75 Asst. Vice President, HyChi Chris C. Lin 18732 Huxley Ave Lakeville MN 55044 12/25/70 Asst. Vice President, E-Commerce Marketing Katlyn R. Mace 6950 Stagecoach Dr #805 West Des Moines IA 50266 06/22/94 Asst. Vice President, Pharmacy Compliance James J. Mennen 2453 Dempster Dr Coralville IA 52241 12/28/67 Asst. Vice President, Warehousing Cherokee Dustin D. Moeller 4864 Hwy. 59 Cherokee IA 51012 12/29/82 Asst. Vice President, Hy-Vee, Inc., Senior Vice President, Finance and Chief Administrative Officer, Amber Specialty Pharmacy John E. Ortner Edward 10630 S. 191st Street Gretna NE 68136 Des Moines IA 03/12/78 Asst. Vice President, Health Marketing Ashley J. Penning 153 SE Mason Lane Waukee IA 50263 08/29/86 Asst. Vice President, Loss Prevention Draper H. Ray 12 Oakbrook Place Bettendorf, IA 52722 11/22/81 Asst. Vice President, Floral Casey C. McCombs-Roberts 1129 68th Street Windsor Heights IA 50324 10/27/81 Asst. Vice President, South, Hy-Vee Fast & Fresh Antonio N. Romeo 330 NE 56th Street Pleasant Hill IA 50327 03/20/75 Asst. Vice President, Retail Security Keith A. Romp 425 Coral Ridge Blvd Pleasant Hill IA 50327 06/07/69 Asst. Vice President, Refrigeration & Energy Management Jon S. Scanlan 6240 N. Winwood Drive Johnston IA 50131 12/10/64 Asst. Vice President, Dollar Fresh Operations Darin C. Schoop 923 Somersby CT West Des Moines IA 50266 06/11/69 Asst. Vice President, Financial Development Craig M. Sparks 1417 Prairie Ridge Drive Polk City IA 50226 07/31/83 Asst. Vice President, Social/Digital Commerce Cody J. Stoermer 4900 159th Street Urbandale IA 50323 11/20/85 Asst. Vice President, Produce Procurement Joseph J. Stoltz John 2085 SE Waddell Way Waukee IA 50263 Dubuque IA 12/11/70 Asst. Vice President, Hy-Vee, Inc.; Chief Operating Officer, Vivid Clear Rx Amy J. Wadstrom 7614 SE 9th Avenue Pleasant Hill IA 50327 04/21/76 Asst. Vice President, Retail Security Pamela E. Waldeck 4810 N 123rd St Kansas City MO 66109 06/13/75 Asst. Vice President, Store Set-Up Gregory D. Warzecha David 6701 S. Bellwood Avenue Sioux Falls SD 57108 Little Falls MN 03/22/72 Asst. Vice President, IT, Hy-Vee, Inc.;Vice President Amber Pharmacy Adam D. Winstead 12415 Osprey Lane Papillion NE 68046 05/12/78 Asst. Vice President, Retail Security Karsten J. Winger Jeffery 938 Brair Glen Lane Woodbury MN 55129 05/04/66 Director Randall B. Edeker Burdette 2815 100th St, Box 385 Urbandale IA 50322 Worthington MN 12/13/62 Director Jeremy G. Gosch Gail 14231 Ridgemont Drive Urbandale IA 50323 Ida Grove IA 11/01/74 Director Aaron Wiese 4840 159th Street Urbandale IA 50323 Storm Lake IA 12/30/76 Director Donna M. Tweeten Marie 14881 Woodcrest Drive Clive IA 50325 Chicago IL 01/31/63 Director Georgia G. Van Gundy 165 Indian Ridge Drive Waukee IA 50263 02/14/69 Director Karl J. Kruse Joseph 8021 Tiburon Place Johnston IA 50131 Dubuque IA 03/19/65 Director Andrew M. Schreiner Michael 8550 Parkside Circle West Des Moines IA 50266 Ottumwa IA 12/13/77 Director Steven Venegas 6980 Cunningham New Albany OH 43054 07/08/75 Director Issac Wiese 7604 NW 99th Court Johnston IA 50131 Spirit Lake IA 09/28/78 Director Mitchell M. Streit Morgan 15151 Mill Ridge Lane Council Bluffs IA 51503 Cedar Rapids IA 08/03/60 Director Ginny L. Ward 16905 Emiline Street Omaha NE 68136 08/31/78 Director Bradley L. Auge 2354 W Darby St Springfield MO 65810 03/02/76 Director Paul A. Hoppman 1840 Lori St Dubuque IA 52001 12/29/73 Director Matthew S. May 48010 Trading Post RD Sioux Falls SD 57108 12/18/21 Director Dale Mitchell 4204 Berry Hill Rd Cedar Falls IA 50613 11/29/78 Director Nicholas Abouhaidar 1201 Aster Dr #113 Tiffin IA 52340 06/18/75 Director Lucas A. Glasgow 2611 8th Ave SW Altoona IA 50009 05/30/82 Director Gary A. Goodhall Allen 12500 Woodlands Parkway Clive IA 50325 Hutchinson KS 03/18/57 Director Monte C. Wiese Clyde 15802 Brookview Drive Urbandale IA 50323 Cherokee IA 05/09/53 Director Michael P. Jurgens Paul 7030 Rocklyn Circle Urbandale IA 50322 Muscatine IA 01/11/74 Page 1 of 2 Applicant NAME OF LEGAL ENTITY Hy-Vee, Inc. NAME OF BUSINESS(DBA) Hy-Vee Fast and Fresh #1 BUSINESS (515) 292-5580 ADDRESS OF PREMISES 4018 West Lincoln Way PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50014 MAILING ADDRESS 5820 Westown Pkwy CITY West Des Moines STATE Iowa ZIP 50266 Contact Person NAME Kelly Palmer PHONE (515) 267-2949 EMAIL kpalmer@hy-vee.com License Information LICENSE NUMBER BC0029616 LICENSE/PERMIT TYPE Class C Beer Permit TERM 12 Month STATUS Submitted to Local Authority EFFECTIVE DATE Sep 1, 2022 EXPIRATION DATE Aug 31, 2023 LAST DAY OF BUSINESS SUB-PERMITS Class C Beer Permit, Class B Wine Permit PRIVILEGES Page 2 of 2 Status of Business BUSINESS TYPE Corporation Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Andrew Schroeder Johnston Iowa 50131 Vice President, Accounting 0.00 Yes Michael Jurgens Des Moines Iowa 50312 Vice President, Secretary 0.00 Yes Jeremy Gosch Urbandale Iowa 50323 CEO, President 0.00 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 Page 1 of 2 Applicant NAME OF LEGAL ENTITY Kwik Trip, Inc. NAME OF BUSINESS(DBA) Tobacco Outlet Plus #530 BUSINESS (515) 232-4389 ADDRESS OF PREMISES 204 S Duff Ave PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS PO Box 2107 CITY La Crosse STATE Wisconsin ZIP 54602 Contact Person NAME Deanna Hafner PHONE (608) 793-6262 EMAIL dhafner@kwiktrip.com License Information LICENSE NUMBER LE0003453 LICENSE/PERMIT TYPE Class E Liquor License TERM 12 Month STATUS Submitted to Local Authority EFFECTIVE DATE Apr 15, 2022 EXPIRATION DATE Apr 14, 2023 LAST DAY OF BUSINESS SUB-PERMITS Class E Liquor License, Class C Beer Permit, Class B Wine Permit Item No. 8 Page 2 of 2 PRIVILEGES Sunday Service Status of Business BUSINESS TYPE Corporation Ownership No Ownership information found 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 Smart Choice 515.239.5133 non-emergency Administration fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org To: Mayor John Haila and Ames City Council Members From: Lieutenant Heath Ropp, Ames Police Department Date: December 5, 2022 Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda SLS/MOL The Council agenda for December 13th, 2022, includes beer permits and liquor license renewals for: •Cyclone Liquors (626 Lincoln Way) - Class C Liquor with Sunday Sales •Café Beau (2504 Lincoln Way) - Class C Liquor with Outdoor Service and Sunday Sales •Torrent Brewing (504 Burnett Ave) - Class B Beer with Outdoor Service and Sunday Sales A review of police records for the past 12 months found no liquor law violations for the above locations. The Ames Police Department recommends the license renewal for the above businesses. Item No. 9 1 ITEM#: 10 DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: PARKING REGULATIONS FOR SOMERSET TOWN HOME AND ROW HOUSE ASSOCIATION BACKGROUND: Jerry Sloan, president of the Somerset Town Home and Row House Association, contacted City staff with a request for modification of the “No Parking” areas within their association. Mr. Sloan submitted a letter summarizing the association’s discussion, which has been provided as an attachment to this document (Attachment 1). The two requested modifications are summarized below and shown on the attached map (Attachment 2): 1. Establish “No Parking” at all times on the south side of Bristol Drive from Stange Road to Eaton Avenue. 2. Establish “No Parking” at all times on the north side of Hampton Street, and allow parking on the south side of Hampton Street. Including “No Parking” at all times in front of Lot 9, 2706 Hampton Street. City staff has reviewed the requested changes and believes they align with the City’s standards for parking regulations on streets that are too narrow to accommodate parking on both sides. Typically, when requests of this nature come to the City, staff will send a mailing to notify the affected neighborhood and solicit feedback on the changes. However, in this case the home owner association board has already performed this step and obtained a majority agreement on the proposed changes. ALTERNATIVES: 1. Direct the City Attorney’s Office to draft an ordinance enacting the proposed changes to parking regulations in the Somerset Town Home and Row House Association area. 2. Refer this item to staff to perform further analysis or collect additional feedback. 3. Reject the proposal and maintain the current parking regulations. CITY MANAGER’S RECOMMENDED ACTION: 2 The proposed changes align with the City’s standards for parking regulations for streets that are too narrow to allow parking on both sides of the street. Considering the Somerset Town Home and Row House Association has already discussed and agreed to the proposed changes, it appears to be an appropriate change to the Municipal Code. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. Ames Mayor and City Council August 1, 2022 515 Clark Avenue Ames, lA 50010 Dear Mayor Haila and City council Members, The Somerset Town Home and row House Association Board of directors request two changes to the on­ street parking in our Association. 1. Establish a "No Parking" zone on the South side of Bristol Drive beginning at Eaton Avenue and extending East to the Stange Road intersection. Bristol Drive is the primary entry and exit for the 121 residences in our Association. Parking in this area creates a congestion and visibility hazard for vehicles driving this route to and from Stange Road. Vehicles parked in this area also makes snow removal difficult in this area and the intersection of Bristol Drive and Eaton Avenue is a school bus stop which contributes to the congestion in this area. 2. Move the "No Parking" Zone on the South side of Hampton Street to the North side of Hampton Street. We request that parking on the south side of Hampton beginning at the walking path near the intersection of Hampton Street and Bradford Drive and extend East to the 2706 Hampton Street Driveway. We also request that the "No Parking" zone on the south side of circle drive intersection of Hampton Street and Eaton Avenue remain in place and be signed appropriately. Moving vehicle parking to the South of Hampton Street will facilitate snow removal and reduce congestion directly in front of the residences located on the North side of Hampton Street to an area on the South side of the street where there are no adjacent residences. Our association Board of Directors strives to provide a safe attractive neighborhood for our residents. Approving this request will help us maintain this goal. Thank you for considering our request, the Somerset Town Home and row House Association Board of directors. Jerry Sloan, President Dana Kever, Treasurer Roger Smith, Secretary Pam Opheim, Director. Warren Mueller, Director Deb Beelner, Director Shari Albee, Director Attachment 1: Association Letter \ s;)• _-,.,:::_ ~i r--.p-~") c.c J i'-...~ 7 C)~ ~-<-e:, If) r~~ . Rt<v~~A Y i . -r--:t-~l ~'ir ~1 "'?<f « 2 ·-· ----<;)~· .,.., ~-<-3 r--\ . 4 <:-~ -0#-..y I~ 1 j: 1 .. ·2 I . ['.: . ~~ I~ '(,"( -..: ;;: ,. I No I(!' \t i S o.rn C.R ~e\ \o u.;Ai 'H-e me:-ANd 'R Dw Wo~~ A-:.-:.a~; ~f ,~ A) \ \ Sfi'J;:a.t ~. SI.P'r'A:t VAlt:Q ~l,I)IJ"'"A'., ·~A.~ ~ ... ACe \1.\!lR :S':'Qib\(£ (AS£t£.flr ·~ POND' 2.Z\1 u:~"C»% \\\ 3RD ADD. ~,, ->~' j' I -z--q_ q_ "· \. ~....... ' ' / ~~~u>:~ " " ; o ~-'-f~~ " '-.._, I o~ --: ·<::2o ., ··.'-....._ ._..,. I -__:,. • • .,, I :I? .._.:> ~ ~-, ', ' . 0~. ',, "-, '! ~ '-.:,_ ..... ..._ ........ l\\0 pq .-k. i ..v) ?-o l'l.)t:_ ~e cb ·~es"\ c i:> ~f"~~IY"'l Z-o.V ·~ R~~u..,.if-e.L PARCEL ... 8 u s ~ F No Parking (at all times) Attachment 2: Proposed parking regulation changes ITEM #: 11 DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: RENEWAL OF DOWNTOWN RESIDENTIAL OVERNIGHT PARKING HANG TAG PROGRAM BACKGROUND: On February 8, 2022, the City Council approved a temporary parking program to allow residents in the Downtown Central Business District (CBD) to park on -street overnight using a hang-tag permit. Each tag costs $25/month and allows residents to park from 9 PM to 6 AM (during the 3 AM to 6 AM restricted parking period). This program sees approximately 10 to 15 active permits depending on the need of the respective residents. The temporary authorization period concludes on December 31, 2022. Therefore, if the Council wishes to continue the program beyond that date, the program needs approval to be incorporated as a permanent part of the parking system. ALTERNATIVES: 1. Adopt the Downtown Residential Overnight Parking Hang Tag Program as a permanent part of the parking system. 2. Authorize an extension of the temporary program for an additional year (through December 31, 2023). 3. Terminate the program. CITY MANAGER’S RECOMMENDED ACTION: The program has been successful in accomplishing its intended purpose. City staff is not aware of any issues, complaints, or conflicts with people parking overnight that would indicate the program should be terminated or modified. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. Caring People  Quality Programs  Exceptional Service Item No. 12 MEMO TO: Members of the City Council FROM: John A. Haila, Mayor DATE: December 13th, 2022 SUBJECT: Council Appointment to Ames Economic Development Commission (AEDC) Board of Directors Amber Corrieri’s term of office on the AEDC Board of Directors expires December 31, 2022. Therefore, it will be necessary to appoint a Council Member to fill this position. Therefore, I recommend that the Council reappoint Amber Corrieri to the Ames Economic Development Commission Board of Directors with her term effective as of January 1, 2023. JAH/jsn Mayor’s Office 515.239.5105 main 515 Clark Ave. 515.239.5142 fax Ames, IA 50010 www.CityofAmes.org Caring People  Quality Programs  Exceptional Service Item No. 13 MEMO TO: Members of the City Council FROM: John A. Haila, Mayor DATE: December 13th, 2022 SUBJECT: Council Appointment to Ames Convention and Visitors Bureau (ACVB) Board of Directors Therefore, I recommend that the Council appoint Rachel Junck to the Ames Convention and Visitors Bureau Board of Directors with her term effective as of January 1st, 2023, and expiring December 31st, 2024. Additionally, I recommend that the Council reappoint Gloria Betcher to the Ames Convention and Visitors Bureau Board of Directors with her term effective as of January 1st, 2023, and expiring December 31st, 2023. JAH/jsn Mayor’s Office 515.239.5105 main 515 Clark Ave. 515.239.5142 fax Ames, IA 50010 www.CityofAmes.org Caring People  Quality Programs  Exceptional Service Item No. 14 MEMO TO: Members of the City Council FROM: John A. Haila, Mayor DATE: December 13th, 2022 SUBJECT: Council Appointment to Ames Transit Agency Board of Trustees Bronwyn Beatty-Hansen’s term of office on the Ames Transit Agency Board of Trustees expires December 31, 2022. Therefore, it will be necessary to appoint a Council Member to fill this position. Therefore, I recommend that the Council reappoint Bronwyn Beatty-Hansen to the Ames Transit Agency Board of Trustees with her term effective as of January 1, 2023. JAH/jsn Mayor’s Office 515.239.5105 main 515 Clark Ave. 515.239.5142 fax Ames, IA 50010 www.CityofAmes.org 1 ITEM # 15 Staff Report FY 2022-23 Mid-Year Sustainability Report December 13, 2022 This report provides a mid-year update of the FY2022-23 activities and accomplishments related to the Sustainability Advisory Services contract between the City of Ames and Iowa State University. BACKGROUND: On July 1, 2010, the City entered into a contract with Iowa State University to utilize the services of its full-time Director of Sustainability. The contract covers a maximum of 480 hours annually (or no more than 25 percent of the Director of Sustainability’s time). The Initial Scope of Services focused on the reduction of electric consumption. As additional opportunities and needs have been identified related to susta inability, the Scope of Services has expanded and diversified. During FY 2021-22, in keeping with the Council’s direction, the Scope of Services targets the following priority areas related to energy consumption reduction, as well as adding waste reduction and diversion: 1) Continue to work with Public Works Department and Water and Pollution Control Department on reuse and diversion programs related to the waste stream, including – but not limited to – the exploration of a composting and food waste program. 2) Continue to support and strengthen the Smart Business Challenge through outreach and recruitment of participants, oversight of Challenge interns, and marketing of outcomes and accomplishments of Challenge participants. 3) Continue to represent the City at events that educate residents about ongoing City sustainability efforts, rebates, and waste opportunities. 4) Coordinate Rummage RAMPage at the Ames Intermodal Facility in partnership with the Resource Recovery Plant, Public Relations, CyRide, and Iowa State University, to address concerns that usable housewares and furniture are being needlessly discarded and hard-to-process materials are being sent to the Resource Recovery Plant. 2 5) Serve as a City contact with consultants to complete a Climate Action Plan. Help lead the committee of City employees in collaboration with the selected consultant to complete and present the Climate Action Plan to Council. PROGRESS ON SCOPE OF SERVICES: 1. Continue to work with Public Works Department and Water and Pollution Control Department on reuse and diversion programs related to the waste stream, including – but not limited to – the exploration of a composting and food waste program. Mid-Year FY2022-23 accomplishments include the following for Priority Area #1: • Promote and increase awareness and education related to the City of Ames FWD (Food Waste Diversion) program. More than 80 tons of food waste have been collected since the program’s beginning – with over 19 tons collected in FY2022. • In complement to the FWD program, the City continues to offer the Great Pumpkin Drop-off program, offering an option for fall produce (pumpkins, gourds, etc.). During fall 2022, more than 7.5 tons were collected. Collaboration partners: Public Works – Bill Schmitt, Mark Peebler, and Lorrie Hanson and Public Relations Officer – Susan Gwiasda; Parks & Recreation also helps through selling kits at the Community Center Gym although users can participate with their own containers. 2. Continue to support and strengthen the Smart Business Challenge through outreach and recruitment of participants, oversight of Challenge interns, and marketing of outcomes and accomplishments of Challenge participants. Mid-year FY2022-23 accomplishments include the following for Priority Area #2: • Recruitment and hiring of two new Smart Energy (sharing Smart Business Challenge and Energy Services responsibilities) Interns for 2022 – 2023 are Shelby Nechkash and Grant Buresh. • Continue recruitment of additional businesses to the Smart Business Challenge and three-year recertification of current certified business members. Thirty-eight businesses are currently participating in the Challenge. Current certifications in the Challenge include three bronze, 10 silver, five gold, and 12 platinum. New certifications mid-year include Championship Productions (silver) and Hach (platinum). 3 • Coordinate the annual Smart Business Challenge Recognition Event, scheduled for Thursday, January 19, from 11am-1:15pm, at Reiman Gardens. This year’s keynote speaker will be Donald Kom, Ames Electric Services Director, speaking on “How the Business Community Can Support the Ames Climate Action Plan”. Collaboration partners: Electric Services – Donald Kom and Joel Zook; Public Works – Bill Schmitt, Mark Peebler, and Lorrie Hanson; Water & Pollution Control – John Dunn; The Energy Group; The Iowa Department of Natural Resources’ Iowa Waste Exchange Program; and Public Relations Officer – Susan Gwiasda 3. Continue to represent the City at events that educate residents about ongoing City sustainability efforts, rebates, and waste reduction opportunities. Mid-year FY2022-23 accomplishments include the following for Priority Area #3: • Participated in the Iowa State University WelcomeFest and City of Ames EcoFair. • Participated as reviewer/professional resource on the topic of encouraging sustainability in Ames for two ISU College of Design courses: the Geodesign for Sustainable Futures (held at Iowa State University) and the Urban Planning and Design Studio (held at the University of Georgia). • Participate in the Ames Walk Bike Roll pedestrian and bicycle master planning process. • Continue a monthly radio program on KHOI focused on community sustainability accomplishments, initiatives, and opportunities. • Continue to represent the City in sustainability update segments on KASI. • Continue sharing of City of Ames sustainability efforts as part of speaking engagements. • Continue sharing of City of Ames and Ames community volunteer opportunities and sustainability events via Live Green! Monthly newsletter, Live Green! social media platforms and targeted emails. • Engage City of Ames department participation in Iowa State University environmental events. For example, Public Works (Storm Water and Resource Recovery), City Manager’s Office, and Electric Services tabled at the annual Campus Sustainability Month Celebration, October 25. 4. Coordinate Rummage RAMPage at the Ames Intermodal Facility in partnership with the Resource Recovery Plant, Public Relations, CyRide, and Iowa State University, to address concerns that usable housewares and furniture are being needlessly discarded and hard-to-process materials are being sent to the Resource Recovery Plant. Mid-year FY2022-23 accomplishments include the following for Priority Area #4: 4 • Completed the sixth annual Rummage RAMPage, held July 29 to Aug 6, 2022. The event diverted over 71 tons of furniture and housewares from being landfilled and raised more than $49,000 for local non-profit organizations – an increase of nearly $10,000 from the fifth annual event, held in 2021. As with the 2021 event, tremendous support was received from ISU Parking, several City departments, and more than 1,700 hours provided by volunteers representing 41 community non-profit organizations. o In addition to collecting items to sell, clothing, shoes, linens, books, DVDs, CDs, school supplies, cleaning supplies and non -perishable, unexpired food were once again collected and donated to community non- profit organizations for beneficial and value-added distribution. o The ROAR (Rehoming Our Animals/Aquariums Responsibly) initiative, ensuring an opportunity for drop-off of pets that are not able to be moved with residents or residents are no longer able to care for – rather than releasing them – once again partnered with the event. o The 2022 Rummage Rampage event was recognized by the Iowa Society of Solid Waste Operations as the winner of the first ever Outstanding Waste Diversion Program and Video Award. • Kick-off planning – beginning in January for the 2023 Rummage RAMPage event, July 28 – August 5. Collaboration partners: Iowa State University Parking Services, Iowa Department of Natural Resources, Story County Conservation, Iowa Wildlife Center, Resource Recovery Plant, Ames Police, Ames Electric Services, Ames Animal Shelter, Ames Parks & Recreation, Ames Water & Pollution Control, Ames Public Works, Public Relations Office, and community non-profit organizations and volunteers 5. Serve as a City contact with consultants to complete a Greenhouse Gas (GHG) Inventory and assist in the completion and pre sentation of the GHG Inventory to the City Council. Plan a key role in selecting consultants for a Climate Action Plan. Help lead the committee of City employees in collaboration with the selected consultant to complete and present the Climate Action Plan to the City Council. Mid-year FY2022-23 accomplishments include the following for Priority Area #5: • Collaborate with City staff and consultant SSG to support milestone components of the Climate Action Plan process including: o Completion of weekly and/or bi-weekly consultant planning and 5 engagement meetings. o Continued assistance with community engagement, outreach, and awareness-building opportunities. Presentations provided at events and for civic and community groups have included OLLI (Osher Lifelong Learning Institute at Iowa State University), Northcrest Community, Green Hills, and various civic groups. o Continued coordination with technical assistance team members related to evaluating the “Six Big Moves.” This document identifies 29 strategies to achieve Climate Action Plan goals of 83% reduction in carbon emissions by 2030 and net zero by 2050. Working with the technical team to analysis the 29 strategies based on eight criteria: amount of administrative effort needed, feasibility of achievement, legal feasibility, cost, funding, impact on residents in terms of property taxes, utility rates, etc., cost compared to the tonnage of carbon removed, and impact on inclusion. Completion of Technical Advisory Team report to Council, related to the analysis of 29, “Six Big Move” strategies toward achieving goals of 83% carbon emissions reduction by 2030 and carbon neutrality by 2050. Analysis was completed and reported, based on eight criteria: analysis the 29 strategies based on eight criteria: amount of administrative effort needed, feasibility of achievement, legal feasibility, cost, funding, impact on residents in terms of property taxes, utility rates, etc., cost compared to the tonnage of carbon removed, and impact on inclusion. o Completion of Steering Committee workshop in November. o Continue work towards community engagement, reconvening the Supplemental Input Committee, and progress toward April workshop and implementation plan. Collaboration partners: Electric Services – Don Kom; City Manager’s Office – Deb Schildroth and Susan Gwiasda 1 ITEM #: __16___ DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: SPRING 2023 COMMISSION ON THE ARTS (COTA) SPECIAL GRANTS BACKGROUND: On November 7, the Commission on the Arts (COTA) finalized its recommendations for the Spring 2022 Special Project Grants. This season, seven grant requests were received, totaling $14,750 in requests. COTA has $8,450 in funding available for these grants. Based on the merits of each application and the criteria established for the special grants, COTA recommended the allocations indicated below. Contracts were sent to the awarded organizations for approval and have been returned . The contracts are now presented for City Council’s approval. ORGANIZATION PROJECT REQUEST AWARD Ames Chamber Artists Spring Concert Addition $ 2,500 $ 1,235 D.M. Metro Opera Guild – Ames Chapter Children’s Opera 575 525 Good Company Digital Marketing Expansion 1,000 805 India Cultural Association Hindi Theater Play 3,000 1,825 Iowa Youth Ballet Community Dance Workshop 1,675 955 Octagon Center for the Arts [untitled]: A celebration of breasts from the perspective of people who had them and let them go 3,000 1,670 Story Theater Company Charlotte’s Web 3,000 1,435 Total $ 14,750 $ 8,450 ALTERNATIVES: 1. Approve the COTA special project grant contracts as recommended. 2. Refer the contracts to COTA for further information. 3. Do not approve the contracts. 2 CITY MANAGER’S RECOMMENDED ACTION: These projects help advance participation in and awareness of the arts in the Ames community, which is a key goal of the Commission on the Arts. COTA has reviewed the requests and has recommended the approval of the contracts now presented to the City Council. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ITEM # 17 DATE: 12-13-2022 COUNCIL ACTION FORM SUBJECT: CORPORATE RESOLUTION AUTHORIZING STAFF TO CONDUCT FINANCIAL AND BANKING BUSINESS BACKGROUND: A Corporate Resolution is required to designate those City employees authorized to conduct financial and banking business on behalf of the City of Ames. The designated employees have included the Finance Director, City Treasurer, and Assistant City Manager supervising the Finance Department. With the recent hiring of Director of Finance Corey Goodenow, the Corporate Resolution requires an update. A draft Corporate Resolution has been prepared and is attached. ALTERNATIVES: 1. Approve the Corporate Resolution designating the Finance Director, Ci ty Treasurer, and Assistant City Manager supervising the Finance Department as employees authorized to conduct financial and banking business on behalf of the City of Ames. 2. Refer the Corporate Resolution back to staff for further information. CITY MANAGER’S RECOMMENDED ACTION: City Council approval of a Corporate Resolution is required for conducting financial and banking services. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. Corporate Resolution The undersigned City Clerk of The City of Ames (“City”), Federal Employer ID Number 42-6004218, a corporation duly organized and validly existing under the laws of the State of Iowa, hereby certifies that at a meeting of the City Council duly called and held at Council Chambers, City of Ames, County of Story, State of Iowa, on December 13, 2022, at which meeting a quorum was continuously present, the following resolutions were adopted, are now in full force and effect, and have not been modified or rescinded in any manner: RESOLVED, that any one of the following persons: (“Agents”) is authorized and empowered to perform one or more of the following actions with ____________________________ (“Financial Institution”) for and on behalf of the City and on such terms and conditions as the Agent may deem advisable in his/her sole discretion. (The execution of any agreement, document or instrument shall constitute a conclusive presumption that the terms, covenants, and conditions of said document so signed are agreed to by and binding on the City): • Open and maintain any safety deposit boxes, lockboxes and escrow, savings, checking, depository, or other accounts; • Assign, negotiate, endorse and deposit in and to the such boxes and accounts any checks, drafts, notes, and other instruments and funds payable to or belonging to the City; • Withdraw any funds or draw, sign and deliver in the name of the City any check or draft against funds of the City in such boxes or accounts; • Implement additional depository and funds transfer services (including, but not limited to, facsimile signature authorizations, wire transfer agreements, automated clearinghouse agreements, and payroll deposit programs); • Open and maintain any brokerage, trust services, or other investment accounts for the benefit of the City; FURTHER RESOLVED, that with respect to the foregoing guaranty, the City Council hereby determines that such guaranty may reasonably be expected to benefit, directly or indirectly, the City: • Endorse to the Financial Institution any checks, drafts, notes, or other instruments payable to the City; • Execute any document (including, but not limited to, facsimile signature authorization agreements, wire transfer agreements, automated clearinghouse agreements, payroll deposit agreements, line of credit agreements, promissory notes, security agreements, assignments for security purposes, mortgages, deeds of trust, assignments of rents, guaranties, powers of attorney, and waivers) and take or refrain from taking any action on behalf of the City; FURTHER RESOLVED, that the City acknowledges and agrees that the Financial Institution may rely on alternative signature and verification codes issued to or obtained from the Agent(s) named on this resolution. The term “alternative signature and verification codes” includes, but is not limited to, facsimile signatures on file with the Financial Institution, personal identification numbers (PIN), and digital signatures. If a facsimile signature specimen has been provided on this resolution, (or that may be filed separately by the City from time to time) the Financial Institution is authorized to treat the facsimile signature as the signature of the Agent(s) regardless of by whom or by what means the facsimile signature may have been affixed so long as it resembles the facsimile signature specimen on file. The City authorizes each Agent to have custody of the City’s private key used to create a digital signature and to request issuance of a certificate listing the corresponding public key. The Financial Institutional shall have no responsibility or liability for unauthorized use of alternative signature and verification codes unless otherwise agreed in writing. FURTHER RESOLVED, that any of the foregoing or related activities taken by any Agent to the adoption of the preceding resolutions are hereby ratified and declared to be binding on the City in a full and complete manner; FURTHER RESOLVED, that the authority and power of any Agent provided in the preceding resolutions will continue in full force and effect until the Board of Directors of the City adopt a resolution amending, modifying, or revoking one or more of the preceding resolutions and a certified copy of the properly executed resolution is received by the Financial Institution via certified mail; and FURTHER RESOLVED, that the City Clerk or any Assistant City Clerk of the City is authorized to certify the adoption of the foregoing resolutions to the Financial Institution, the continuing effect of these resolutions, and the incumbency of the various parties authorized to exercise the rights in these resolutions from time to time. The undersigned City Clerk certifies that the above mentioned persons are duly elected officers or otherwise authorized to act on behalf of the City in their stated capacities and that the above original signatures are genuine in all respects. The undersigned City Clerk certifies that the Articles of Incorporation and Bylaws of the City are in full force and effect and have not been amended, modified, replaced, or substituted in any manner. City Clerk certifies that a Certificate of Shareholder Approval is not required under the City’s Articles of Incorporation or Bylaws. Dated this 13th day of December 2022. [SEAL] ____________________________________________ City Clerk 18 ITEM #: 19 DATE: 12-13-2022 COUNCIL ACTION FORM SUBJECT: DOMANI SUBDIVISION, PLAT 2 – STREET LIGHTING BACKGROUND: The City provides streetlights throughout the community . Typically, these lights are installed during the subdivision process. For streetlights within Ames Electric Services territory, the energy costs are paid to the Ames Electric Utility from the City’s General Fund. Alliant Energy provides 116 streetlights in areas of the City that are within the Ames corporate limits, but in the Alliant electric service territory rather than the Ames electric service territory. In the case of these Alliant streetlights, Ames Electric Services is billed the energy costs from Alliant, and Electric Services then passes these costs through Public Works to the City’s General Fund. The terms for this arrangement are expressed in the Alliant Energy (Formerly Interstate Power & Light Company) Electric Tariff #1 filed with the Iowa Utilities Board. The developer of the Domani Subdivision, Plat 2 has requested the installation of three 45-watt LED streetlights. Alliant Energy will install, own, and maintain the poles, wire, and luminaries, and will supply the energy for each streetlight. The City will pay a monthly charge for each light of $7.85 plus fuel adjustment and taxes. ALTERNATIVES: 1. Approve the addition of three 45-watt LED lights on 35’ bronze fiberglass street light poles at a total cost of $23.55 plus energy charge and taxes per month to the existing Alliant Energy Electric Tariff #1. 2. Direct staff to provide more information. CITY MANAGER’S RECOMMENDED ACTION: Streetlights are a component of the infrastructure to be installed at the time of subdivision. The City has an existing agreement with Alliant Energy to administer the provision of streetlights in Alliant’s service territory. These three new lights must be incorporated into this agreement. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. 1 ITEM#: 20 DATE: 12-13-22 COUNCIAL ACTION FORM SUBJECT: UPDATES TO SMART ENERGY REBATE PROGRAM BACKGROUND: Ames Electric Services has offered a broad range of energy efficiency rebates since 2008. This program is popular with customers and helps reduce the utility’s peak energy demand. These changes were presented to the EUORAB at their October meeting and were approved for City Council consideration. One of the six big moves in the City’s Climate Action Plan is Building Retrofits, with a goal of adding air-source heat pumps and replacing hot water heating systems with electric to all buildings by 2040. Additionally, the big move of Net-Zero New Construction includes a goal to have all buildings constructed in 2026 and later to be net-zero ready and that by 2030 all buildings will meet passive house standards. The following updates align the Smart Energy Program with the Climate Action Plan goals by encouraging adoption of heating, cooling, water heating and transportation options that can be powered by increasingly clean, renewable electricity. Five key changes to the electric rebate program effective January 1, 2023: 1. Add Energy Star freezers, induction stoves, and electric lawn mowers to appliance rebates 2. Increase air-source heat pump rebate 3. Increase geothermal rebate 4. Increase electric vehicle (EV) charger rebate 5. New criteria and rebate amount for Net-Zero Ready New Home Rebate Additional Appliance Rebates Staff proposes adding a rebate for induction stoves and a rebate for battery electric lawn mowers. Both rebates will help promote the adoption of equipment that uses no fossil fuels and has no on-site emissions. Additionally, staff recommends adding Energy Star rated freezers to the rebate portfolio. Air Conditioning and Air Source Heat Pump Rebates Currently, conventional air conditioners are rebated identically to Air-Source Heat Pumps. Both types of equipment have a base rebate of $300 for the lowest rebated efficiency of 16 SEER. Additionally, both receive an additional rebate of $50 per additional 0.5 SEER. For example, a model with a SEER rating of 17.5 will receive a $450 rebate. Staff would like to encourage the broader adoption of air -source heat pumps when customers are replacing their aging air conditioners. Air-source heat pumps can provide 2 cooling and heating from the same equipment. In our climate zone, it is possible to install a standalone heat pump with electric backup heat to provide heating throughout the entire year, though air-source heat pumps are often paired with natural gas furnaces . Other utilities have eliminated air conditioner rebates in favor of heat pump rebates for several years. Staff proposes increasing the base air-source heat pump rebates to $500. Ductless mini-split heat pumps are often used for heating or cooling just one room – either an addition or a hard to cool area. Staff proposes a separate category for ductless mini- splits with a set rebate of $500 per unit. Increased Geothermal Rebate Geothermal heat pumps are an opportunity for customers to provide heating and cooling. They can also lower summer peak demand through greater cooling efficiency and increase winter electric sales (our off-peak season) by eliminating the need to heat with natural gas. Staff proposes raising the current rebate of $300 per ton to $400 per ton of capacity. Additionally, staff recommends a higher rebate of $500 per ton for Energy Star rated geothermal systems. There is currently no distinction in rebates between a new geothermal system (loop and equipment) versus replacement equipment (using an existing loop field). Staff recommends offering a smaller rebate of $200 per ton for geothermal equipment replacement only. Increased Electric Vehicle Charger Rebates To encourage broader adoption of EVs, staff would like to raise the rebate amount for Level 2 charging equipment. The rebate is currently $250 with a cap of 50% of the installed costs. Raising the rebate to $500 and keeping the 50% cap will allow a larger rebate to customers that require more extensive electrical upgrades to install an EV charger. The City will require a networked or “smart” EV charger that can schedule charging automatically for customers to encourage off-peak charging habits. EV chargers for shared or public use are a great deal more expensive than residential EV chargers. More than just a charging station, these stations need to have an internet or cell connection and customer payment options that raise their cost. Equipment alone for a dual-port level-2 charger can cost upwards of $10,000. Staff would like to encourage installation of EV chargers at large employers and multifamily housings. Raising the rebate up to $2,500 per plug (capped at 50% of project cost) will encourage installations that will allow broader adoption of EVs. Net-Zero Ready Home Ames Electric has an existing new home rebate program, but there has been no participation since 2018. The existing rebate is structured on a HERS (Home Energy Rating System) rating which worked well when builder’s tax credits also required a HERS rating. HERS certification can be expensive and cumbersome for builders. HERS ratings may see a resurgence with the renewal of the builder’s tax credits, but staff recommends basing the criteria on a compliance method similar to what the City’s Planning Department 3 already uses for code compliance. The rebate will be awarded to homes that exceed the minimum code standard (International Energy Conservation Code 2012) and have an air source heat pump or a geothermal heat pump, an electric water heater, and are EV ready. Staff is continuing to prepare updates to the retail solar rebate program. Modifications to that program will be presented to the City Council in early 2023. ALTERNATIVES: 1. Approve changes to Smart Energy Rebate Program as proposed by City Staff and recommend to Council for approval. 2. Approve selected changes to Smart Energy Rebate Program with adjustments. 3. Do not approve changes to Smart Energy Rebate Program. CITY MANAGER’S RECOMMENDED ACTION: The proposed rebate updates will help promote highly efficient, affordable, and sustainable options to Ames Electric customers that are upgrading a heating or cooling, or water heating system, building a new home, or choosing a new vehicle. Additionally, broad adoption of these technologies is essential to meeting the goals in the City’s Climate Action Plan. Therefore, it is the recommendation of the City Manager that City Council adopt Alternative No. 1. 1 ITEM #: __21___ DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: AMENDMENT TO LEASE AGREEMENT FOR CELLULAR EQUIPMENT AT MORTENSEN AND COUNTY LINE ROAD (MAC) WATER TOWER BACKGROUND: In April 2004, the City entered into a lease agreement with Sprint Spectrum L.P., to place cellular antenna equipment on the City water tower located at 900 S. 500th Avenue. This water tower is referred to by City staff as the MAC (Mortensen and County Line Road) Water Tower. The equipment that may be installed is specified within the lease agreement, along with the areas on the ground and on the top of the tank where Sprint is permitted to install it. Sprint (now owned by T-Mobile) has requested a lease amendment in order to reflect new equipment that will be installed at the water tower, replacing obsolete equipment in the same area. No other terms of the lease will be modified with this amendment. The proposed lease amendment (attached) has been reviewed and approved by staff from the Water and Pollution Control Department and the City Attorney’s Office. ALTERNATIVES: 1. Approve the amendment to the tower lease with Sprint Spectrum L.P. for the Mortensen and County Line Road Water Tower. 2. Do not approve the lease amendment. CITY MANAGER’S RECOMMENDED ACTION: The lease agreement with Sprint for the use of the MAC water tower provides additional income for the City’s water utility. The requested lease amendment will permit Sprint to replace aging equipment on the water tower to serve its customers. No other changes will occur as a result of approving the lease amendment. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. Site Number: DM01886A Site Name: Ames West Y Ave Market: IA NE FIRST AMENDMENT TO TOWER LEASE This First Amendment to Tower Lease (“Amendment”) is made by and between City of Ames, Iowa (“Landlord”) and Sprint Spectrum L.P., a Delaware limited partnership (“Tenant”). WHEREAS, Landlord and Tenant entered into that certain Tower Lease dated April 27, 2004 (the “Lease”), whereby Landlord leased to Tenant certain portions of the Property located at 900 S. 500th Avenue, Ames, Iowa (the “Property”); WHEREAS, Landlord and Tenant desire to amend the Lease as follows; WHEREAS, Landlord and Tenant hereby affirm that, as of the date hereof: (i) no breach or default by Landlord or Tenant occurred; and (ii) the Lease, and all the terms, covenants, conditions, provisions and agreements thereof, except as expressly modified by this Amendment are in full force and effect, with no defenses or offsets thereto; and NOW THEREFORE, in consideration of the mutual covenants contained in the Lease and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Landlord and Tenant hereby agree as follows: 1. Landlord consents to the installation and operation of additional antennas, associated cables and equipment as more completely described on the scope of work and elevation drawing attached hereto as Exhibit B-1 (the “New Equipment”). Landlord’s execution of this First Amendment will signify Landlord’s approval of Exhibit B-1, which hereby replaces Exhibit B to the Lease. 2. Each of the parties represent and warrant that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Amendment. 3. This Amendment will be binding on and inure to the benefit of the parties herein, their heirs, executors, administrators, successors-in-interest and assigns. 4. Landlord represents and warrants to Tenant that the consent or approval of a third party has either been obtained or is not required with respect to the execution of this Amendment. 5. Except as specifically amended herein, the remaining terms of the Lease shall remain in full force and effect. To the extent any provision contained in this Amendment conflicts with the terms of the Lease, the terms and provisions of this Amendment shall prevail. All capitalized terms shall have the meaning ascribed to them in the Lease unless otherwise defined in this Amendment. 6. This Amendment may be executed in duplicate counterparts, each of which will be deemed an original. Site Number: DM01886A Site Name: Ames West Y Ave Market: IA NE IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year last written below. LANDLORD TENANT CITY OF AMES, IOWA Sprint Spectrum L.P. By: By: Name: Name: Title: Title: Date: Date: Site Number: DM01886A Site Name: Ames West Y Ave Market: IA NE EXHIBIT B-1 NEW EQUIPMENT WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M RMobileT · · · · · · · · · · · · · ’ ’ ’WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M “” ’’ ’ ’ ' ’ WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M ’ “” ’“” ’” ” ’ ” “” ” ” ’ WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M – ’ ’ ’ ” WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M · · · · · · · · Y A V E WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M 30 50 0 t h A V E 30 WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M · · · WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M Welco m e t oAMES Welco m e t oAMES · · · · · · · · · WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M · · · · · · · · Welco m e t oAMES Welco m e t oAMES WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M RMobileT WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M WE S T D E S M O I N E S , I A 5 0 2 6 6 76 0 0 O F F I C E P L A Z A D R I V E S O U T H , S U I T E 1 5 0 R Mo b i l e T Wi r e l e s s S e r v i c e s PB M ITEM # ___22__ DATE 12-13-22 COUNCIL ACTION FORM SUBJECT: AMENDMENT NUMBER FOUR TO AGREEMENT FOR ENGINEERING SERVICES FOR NEW WATER WELLS BACKGROUND: As old wells fail and need to be replaced and as demand for treated water increases, additional water supply wells must be constructed. This project will provide a combination of new and replacement water supply capacity by the addition of three new wells and interconnecting pipeline to the water treatment plant. The project will also include new fiber optic communication conveyed to the water treatment plant for well controls and security measures. The three new wells, to be located north of North River Valley Park, will be connected to the existing standby generator located at the water treatment plant to provide emergency power to the wells. The original contract with HDR Engineering included an allowance of $150,000 for construction phase services. When the first round of bids came in too high, Council accepted the staff recommendation to reject the bids and to redesign and rebid the project. Staff utilized a portion of the construction phase funds (via Amendments Two and Three) to cover the cost of the redesign (primarily associated with deleting the dedicated emergency generator and instead running a feed from the emergency generator at the Water Plant). This amendment increases the part-time construction phase services from 240 to 720 hours, an increase of $73,600 from $33,044 to $106,644. The increase in hours is to allow increased observation of the electrical, communication, and fiber optic system construction. These are specific areas where the expertise of the consultant provides value beyond the day-to-day construction observation that will take place by staff. The work will be performed on an hourly not-to-exceed basis as directed by City staff. A Drinking Water State Revolving Fund (DW SRF) loan in the amount of $8,500,000 has been identified as the funding source for the construction of these new wells. Repayment of the loan will be from water utility revenues. The not-to-exceed amount was established to cover potential cost increases and change orders. The City will only borrow the amount actually needed to fund the project. . ALTERNATIVES: 1. Authorize Amendment Number Four to the agreement for engineering services with HDR Engineering, Inc., increasing part-time construction phase services from 240 to 720 hours; an increase of $73,600. 2. Do not approve the contract amendment number four. MANAGER’S RECOMMENDED ACTION: Contracted construction observation services are needed to provide specialized expertise, as well as to help stretch staff resources. Staff has worked with the engineering firm to prepare a realistic estimate of the number of hours likely to be needed. Al l work is on an hourly not-to-exceed basis as directed by City staff. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. 1 ITEM # ___23__ DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: ELECTRICAL MAINTENANCE SERVICES CONTRACT FOR POWER PLANT– CHANGE ORDER NO. 1 BACKGROUND: On June 14, 2022, the Ames City Council approved a contract renewal with Tri-City Electric Company of Iowa, Davenport, IA, in the amount not to exceed $160,000 to provide regular professional maintenance and repair to various circuit breakers, relays, and electrical circuits located in the Power Plant. This contract includes emergency service and regularly planned repairs and services during scheduled outages. In November, staff experienced alarms on Power Plant Unit #7 step-up transformer. This transformer is a crucial power generation infrastructure component. Tri-City was called in to determine the cause for the alarms, correct the problem , and test the transformer to ensure that when re-energizing the transformer no additional damage would be done. These unexpected inspections and repairs on Unit 7 main step-up transformer depleted a large portion of annual contract funds that were to accomplish other work through the fiscal year. Therefore, the City Council is being requested to approve Change Order No. 1 to the Electrical Maintenance Services Contract. This change order will add an additional $85,000 to the contract for FY 2022/23 (inclusive of sales tax), bringing the total contract amount, including sales tax, to $245,000. This change order will allow other projects that were planned for the remainder of the fiscal year to be completed under this contract. These include repairing load center breakers and performing maintenance and inspections on several transformers. The funding for Change Order No. 1 will come from the Unit 8 Steam Turbine and Generator Electrical Maintenance account where there is $85,000 budgeted for electrical repairs. Without this change order, the electrical maintenance contract funds will be exhausted before the end of the fiscal year and the remaining work will not be able to be performed this year. ALTERNATIVES: 1. Approve Change Order No. 1 with Tri-City Electric Company of Iowa, Davenport, IA for additional electrical maintenance services in the not-to-exceed amount of $85,000, for a revised total contract value of $245,000. 2. Do not approve the change order and delay needed additional maintenance until 2 the next fiscal year. CITY MANAGER'S RECOMMENDED ACTION: This work is necessary to properly maintain relays, circuit breakers, and electrical circuits. This contract establishes rates for service and provides guaranteed availability. 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 #1 as stated above. TEM #: 24 DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: MEMORANDUM OF AGREEMENT WITH IOWA DEPARTMENT OF TRANSPORTATION FOR SHARED SPACE BACKGROUND: CyRide has been working on a partnership with the Iowa Department of Transportation (IDOT) to allow CyRide to become a third-party CDL tester for the State of Iowa. Part of the agreement requires third-party testers to have a CDL skills testing site approved by the IDOT. The IDOT has agreed to allow CyRide to share its current site on Highway 30. In order to share the facility, both parties must sign a Memorandum of Agreement (MOA). The attached MOA outlines when CyRide shall have access to the premises, as well as the terms and conditions for using the site. The IDOT will be responsible for snow removal and upkeep due to normal wear and tear at the site. The initial term of the MOA is through June 30, 2023, with automatic renewal for one-year periods thereafter unless written notice is given by either party to terminate sooner. Additionally, all terms and conditions remain the same unless mutually agreed upon by both parties. The Legal Department has reviewed and approved this agreement and on November 30, 2022, the Ames Transit Board of Trustees approved the agreement. ALTERNATIVES: 1. Approve the Memorandum of Agreement with the Iowa Department of Transportation to share its CDL skills testing site. 2. Do not approve the Memorandum of Agreement. CITY MANAGER’S RECOMMENDED ACTION: The proposed MOU outlines the terms for the use of IDOT facilities by CyRide for administering CDL testing. This arrangement will allow CyRide to complete CDL testing in an efficient and cost-effective manner. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1. MEMORANDUM OF AGREEMENT This Agreement is made this 30th day of November 2022 by and between the Iowa Department of Transportation, hereinafter referred to as the Department, AND the Ames Transit Agency (CyRide) hereinafter referred to as CyRide. I. AUTHORITY & PURPOSE. This Agreement is entered into pursuant to the provisions of Iowa Code Chapter 28E. The purpose of this agreement is to establish the terms and conditions whereby CyRide may utilize property owned or rented by the Department to conduct commercial driver’s license (CDL) skills testing. II. DURATION. This Agreement shall become effective upon filing with the Secretary of the State of Iowa in accordance with the provisions of Iowa Code section 28E.8, Filing and Recording. This Agreement shall begin upon its electronic filing with the Secretary of State and shall expire at midnight on June 30, 2023. Thereafter this Agreement shall automatically renew for successive one-year periods of July 1 to midnight on the following June 30, unless either party gives at least 30 days of written notice of their intent to end the agreement. If this agreement is automatically renewed, all terms and obligations contained in this Agreement shall remain the same and continue unless changed by written amendment by mutual consent of both parties. III. SERVICES. The Department agrees to offer use of the following property to CyRide under the terms of this Agreement: the parking lot located at 57073 US 30, Ames, Iowa 50010, as detailed in Appendix A, hereinafter known as the “Premises.” CyRide shall be provided exclusive access to and use of the Premises Monday, Friday, and Saturday of each week from 30 minutes before sunrise until 30 minutes after sunset. IV. TERMS & CONDITIONS. By executing this Agreement, the Parties agrees to the following terms and conditions: • CyRide shall use the Premises solely for conducting CDL skills testing procedures as a Department-approved third-party CDL tester, under the terms and conditions of a separate agreement between the Department and CyRide. • CyRide customers and staff shall enter and exit the Premises via the frontage road and shall use only the main drive to access the CDL skills testing pad on the north side of the Premises, as detailed in Appendix A. Access to any other part of the DOT property is prohibited. • CyRide shall not conduct or allow any activity within the Premises that, in the sole judgment of the Department, creates excessive traffic, constitutes misuse of the Premises, or violates any state or federal law or municipal ordinance. • CyRide shall not advertise or have identifying signs or notices that are inscribed, painted, or affixed on any part of the Premises without the express written consent of the Department. • CyRide shall not make any modification, temporary or permanent, to the Premises without the express written consent of the Department. • CyRide shall keep the Premises clean and shall not leave or abandon any debris or equipment on the Premises. • CyRide shall report any safety incident, including a crash or event causing injury or damage to person or property, that occurs on the Premises to the Department within 24 hours. CyRide shall reimburse the Department for any damages caused by CyRide, its agents, employees, students, driver applicants, or customers. • In the event the Department requires use of the Premises during the time period allotted to CyRide under Article IV, the Department’s right to use the space shall prevail. However, the Department shall give CyRide a minimum of 48 hours’ notice prior to use of the Premises during a time period under Article IV. • CyRide shall adhere to all applicable state and federal law regarding use of the Premises. • The Department shall, in its discretion, be responsible for snow removal and property maintenance necessary to ensure adequate access and use of the Premises. • The Department recognizes the fact that the Premises will, over time, exhibit normal wear and tear. The Department shall be responsible for all such normal wear and tear. V. FUNDING. This agreement creates no obligation for compensation or reimbursement from the Department to CyRide. CyRide is responsible for all costs and expenses it incurs in connection with the performance of its obligations under this Agreement. The Department is not responsible for any such costs or expenses of the CyRide. This does not preclude CyRide from assessing a fee for testing services rendered to a driver. VI. LEGAL ENTITY. No new legal or administrative entity is created by this Agreement nor does this Agreement create any agency relationship between the parties, which remain separate legal entities. VII. LIMITATION OF LIABILITY. The parties agree and acknowledge that the Department has no liability for any acts or omissions committed by CyRide in the course of or related to the use of the Premises under this Agreement and has no liability or responsibility for any obligations incurred by the Transit System in the course of or related to the use of the Premises under this agreement. VIII. ASSIGNABILITY. The rights and interests of the Parties under this Agreement shall not be assignable. IX. DEFAULT. CyRide shall be considered in default if they should violate any portion of this Agreement. If the CyRide is found to be in violation of this Agreement, the Department shall give notice that the violation must be corrected within forty-eight (48) hours or else this Agreement shall be terminated immediately. X. NOTICES. All notices from the Department to CyRide shall be sent to: Barbara Neal, CyRide Director 601 N. University Blvd Ames, IA 50010 Barbara.neal@cyride.com 515-239-5565 All notices from CyRide to the Department regarding scheduling conflicts or requests related to the maintenance and use of the Premises shall be sent to: Michael Wood, Driver’s License Service Center Supervisor 3708 W. Lincoln Way Ames, IA 50010 Michael.wood@iowadot.us 515-244-8725 All notices from CyRide to the Department regarding this Agreement shall be sent to: Ronee Slagle 6310 SE Convenience Blvd. Ankeny, IA 50021 Ronee.slagle@iowadot.us 515-290-0283 XI. INDEMNIFICATION. The Department shall not be liable for any damage or injury to CyRide, or any other person, or to any property, occurring on the Premises, or any part thereof, including but not limited to common areas thereof. CyRide agrees to hold the Department harmless from any claims or damages caused by CyRide, including its agents, employees, and contractors, occurring in connection with or related to the performance of this Agreement. XII. GOVERNING LAW. This Agreement is to be governed under the laws of the State of Iowa and applicable federal law. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the undersigned dates written below. Department Representative Signature _________________________________________ Date: _____________ Daniel Yeh, director, Central Programs Bureau, Motor Vehicle Division Iowa DOT CyRide Representative Signature __________________________________________ Date: _____________ Name and title: Liz Jeffrey, Board of Trustees President, CyRide Appendix A: ITEM # __25 __ DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: PRAIRIE VIEW INDUSTRIAL CENTER CONNECTION DISTRICTS BACKGROUND: The Prairie View Utility Extension Project consists of the extension of water and sanitary sewer mains to the recently annexed area east of Interstate 35 (I-35). A water main and a gravity sewer main have been constructed from 4100 East Lincoln Way (just east of Country Landscapes) to Teller Ave (580th) and are being further extended to Potter Ave (590th) this winter. A sanitary sewer force main has been installed from Freel Drive to Teller Ave and a sanitary sewer lift station has been constructed south of East Lincoln Way at 207 S Teller Ave. In order to recover the local costs from this project, sewer and water connection fee districts are being established for new industrial development area, as directed by City Council in July 2018. Cities may establish utility connection districts to recoup costs associated with construction through fees collected at the time utility service is requested. This process is authorized under Iowa Code, Section 384.38(3). In addition to construction, costs include design and inspection of these improvements. Utility connection districts will be established based on gross acreage to recover the local funding cost from industrial development parcels, including any adjoining parcels under common ownership, prior to site plan (including future phases) or final plat approval, whichever occurs first. Any parcel requesting utility service, but not requiring site plan or final plat approval will also be required to pay the connection fees. During discussions with the existing residents along East Lincoln Way, concern was expressed regarding their high “per acre” water and sewer connection costs. Therefore, City Council agreed that those existing residences would not be included in the connection fee districts to connect their homes. Instead, these property owners would pay the standard connection fee as stipulated in Appendix F of the Ames Municipal Code (currently $30 per lineal foot of frontage). However, the residential lots in this area are significantly larger than in the urban residential lots within Ames. Therefore, the residential properties would make a one-time connection using a typical 80 lineal foot width for the connection fee calculation. If residential properties are further subdivided for development, additional connection fees would be owed to meet the requirements of this connection district. The City was fortunate to receive $1,500,000 from the Economic Development Administration and $2,900,000 in American Rescue Plan Act funds for this project. The connection districts will only recover the local costs in the amount $5,300,000 ($1,100,000 water and $4,200,000 sewer) from General Obligation Bonds. These connection fees are separate from the rural water service territory buyout fee, which currently is currently approximately $2,761/acre. The proposed sanitary sewer connection district of approximately 1,221.33 acres is shown in Attachment A along with the property owners who will be served by this main. The estimated fee for all non-residential parcels shown in Attachment A is $3,438.87 per acre. The ordinance will include a schedule of per acre cost including reasonable interest. The separate proposed water connection district of approximately 1,221.33 acres is shown in Attachment A, along with the property owners that are to be served by this main. The estimated connection fee for water main improvements is $900.66 per acre. The ordinance will include a schedule of per acre cost including reasonable interest. Attachment B includes a listing of all parcels included in the connection district. The general locations of the water and sanitary sewer mains are shown in Attachment C. City property at 207 S Teller Ave is not included in the water or sewer connection districts because no facilities will be constructed requiring water or sewer service. ALTERNATIVES: 1. Set a public hearing date of January 10, 2023, for establishment of water and sanitary sewer connection districts in the Prairie View Industrial area and direct the City Attorney to prepare ordinances to establish these districts to recover the City costs to install utilities as the properties are developed. 2. Delay setting the public hearing to establish these utility connection districts. CITY MANAGER’S RECOMMENDED ACTION: By initiating the process to establish these two utility connection districts, Council will set in motion the means for the City to recover the costs of installing the new water and sewer mains. Therefore, it is the recommendation of the City Manger that the Council adopt Alternative No. 1, as described above. Prairie View Industrial Utility Text 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3536 37 38 39 40 41 42 43 44 45 4647 Connection District ¯ PARCEL ID Acres Owner 1 1004300130 19.59 HUBBARD HARVEST LLC 2 1004300225 19.62 LINCOLNWAY ENERGY LLC 3 1004300230 16.57 HUBBARD HARVEST LLC 4 1004300305 36.21 HUBBARD HARVEST LLC 5 1004300375 1.34 PEACH, WILLIAM B & DIANE C 6 1004300405 37.89 HUBBARD HARVEST LLC 7 1004300450 0.6 IOWA LAND AND BUILDING COMPANY 8 1004400125 4.9 LINCOLNWAY ENERGY LLC 9 1004400130 11.76 LINCOLNWAY ENERGY LLC 10 1004400140 28.35 HUBBARD HARVEST LLC 11 1004400250 20.71 LINCOLNWAY ENERGY LLC 12 1004400325 19.25 LINCOLNWAY ENERGY LLC 13 1004400405 37.42 LINCOLNWAY ENERGY LLC 14 1005300120 43.1 IOWA LAND AND BUILDING COMPANY 15 1005300225 31.32 IOWA LAND AND BUILDING COMPANY 16 1005300305 47.94 IOWA LAND AND BUILDING COMPANY 17 1005300405 29.04 IOWA LAND AND BUILDING COMPANY 18 1005400105 39.72 IOWA LAND AND BUILDING COMPANY 19 1005400205 35.47 IOWA LAND AND BUILDING COMPANY 20 1005400305 35.8 IOWA LAND AND BUILDING COMPANY 21 1005400375 2.69 IOWA LAND AND BUILDING COMPANY 22 1005400400 37.18 IOWA LAND AND BUILDING COMPANY 23 1007200200 37.38 IOWA LAND AND BUILDING COMPANY 24 1007200400 40 IOWA LAND AND BUILDING COMPANY 25 1008100100 38.6 BADGER, MICHEAL J 26 1008100200 38.49 IOWA LAND AND BUILDING COMPANY 27 1008100300 40 BADGER, MICHEAL J 28 1008100400 40 IOWA LAND AND BUILDING COMPANY 29 1008200105 4.65 BOERSMA, JOSHUA & MOLLIE 30 1008200110 34.35 HUBBARD HARVEST LLC 31 1008200205 35.77 SCHROER, JANICE S TRUSTEE 32 1008200270 1.93*AMES, CITY OF 33 1008200300 40 HUBBARD HARVEST LLC 34 1008200400 38.64 SCHROER, JANICE S TRUSTEE 35 1009100105 2.04 NORTH GRANT APARTMENTS LLC 36 1009100110 2.04 130 SOUTH TELLER LLC 37 1009100120 33.15 WESTERN INDEPENDENT LLC 38 1009100200 38.49 WESTERN INDEPENDENT LLC 39 1009100300 38.64 WESTERN INDEPENDENT LLC 40 1009100400 40 WESTERN INDEPENDENT LLC 41 1009200100 2.44 BREKKE, RANDY & SUZANNE M 42 1009200120 35.56 BREKKE, RANDY 43 1009200300 40 BREKKE, RANDY 44 1009400100 40 BREKKE, RANDY 45 1006400285 0.54 COUNTRY LANDSCAPES 46 1006400280 2.23 COUNTRY LANDSCAPES 47 1006400275 1.85 COUNTRY LANDSCAPES &M &M &M &M !\ !\ AMES, IOWA - MASTER DEVELOPMENT PLAN (745.45 ACRES) Map Prepared: July 2020 0 0.25 0.50.125 Miles Proposed Pad 1,200,000 SF Lincoln Way Union Pacific Legend * All dashed lines indicate proposed Utility routes* Total Developable: 662.82 AcresProposed Road Proposed Rail Existing Railroad PRAIRIE VIEW INDUSTRIAL CENTER Wetland Delineation(Foth Infrastructure &Environment, LLC, May 2018) Jurisdictional Wetland (J) Non-Jurisdictional Wetland (NJ) Stream Channel Water Main (City of Ames) Sanitary Main (City of Ames) Natural Gas Distribution Line (Alliant Energy) 12.47 kV Electric Distribution Line (Alliant Energy or Consumers Energy, as indicated) 69 kV Electric Transmission Line (ITC Midwest) Telecommunications (Central Iowa Broadband) VERBIONorthAmerica BarillaAmerica§¨¦35 Lincoln Way Lincoln Hwy 590th Ave. Potter Ave. Teller Ave. 580th Ave. £¤30 Fleming Ave. IowaDOT 580th Ave. Union Pacific §¨¦35 566th Ave. Non-Developable Land Lot 581.1 Acres 78.6 AcresDevelopable Lot 480.1 Acres 70.8 AcresDevelopable Lot 1101.9 Acres 90.7 AcresDevelopable Lot2106.3 Acres 104.9 AcresDevelopable Lot 3102.8 Acres 92.7 AcresDevelopable Lot 6155.7 Acres 148 AcresDevelopable Lot 7117.6 Acres 77.3 AcresDevelopable 0.2 Acre Wetland (NJ) 0.4 Acre Wetland (NJ) 0.2 Acre Wetland (J) 0.3 Acre Wetland (NJ)0.1 Acre Wetland (NJ) 0.2 Acre Wetland (J) 0.1 Acre Wetland (J) 100-Year Floodplain Septic System 0.1 Acres Dwelling, Well/Septic and Machine Shed 3.6 Acres 100-Year Floodplain 0.1 Acre Wetland (J) Well 0.1 Acres 0.1 Acre Wetland (J) 0.1 Acre Wetland (J) 100-Year Floodplain 0.1 Acre Wetland (J) 10 Gb Fiber Line 10" Natural Gas Line (120 psi) Parallel 4" and 10" Natural Gas Lines (55 and 120 psi) Parallel 8" and 10" Natural Gas Lines (120 psi) Natural Gas Regulator Station Proposed Lift Station Natural Gas Regulator Station Proposed Water Storage Tank 12" Water Main Proposed 12-15" Sewer Main (Gravity) Proposed 12" Water Main Proposed 12" Sewer Force Main (to connect with existing main along Lincoln Way, 1 mile west of I-35) Alliant Energy electric service territory Consumers Energy electric service territory 36" Sewer Main 12.47 kV Alliant Energy Electric Distribution Line Electric Substation Parallel 4" and 12" Natural Gas Lines (55 and 120 psi) 4" Natural Gas Line (55 psi) 0.1 Acre Wetland (J) 12.47 kV Alliant Energy Electric Distribution Line, concurrent with 69 kV ITC Transmission Line 12.47 kV Consumers Energy Electric Distribution Line 12.47 kV Consumers Energy Electric Distribution Line Dwelling, Well/Septic, and Machine Shed 2.9 Acres0.3 Acre Wetland (J) 1 ITEM # __26___ DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: POWER PLANT MAINTENANCE SERVICES CONTRACT BACKGROUND: The Electric Utility has two gas-fired, high-pressure steam generation units within the City’s 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 boiler 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. 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 City does not have a current renewable contract in place for these services. Therefore, the proposed action is to issue plans and specifications and solicit bids from companies that perform the needed work. Because of the timing of the bid, staff intends for the initial term of the contract to extend through June 30, 2024, while subsequent renewals would take place on a year-by-year basis. Staff’s is anticipating an expense of $195,000 for this work which will be paid from the Electric Production budget. Invoices will be based on contract rates for time and materials for services actually received. ALTERNATIVES: 1. Approve preliminary plans and specifications for the Power Plant Maintenance Services Contract, and set January 25, 2023 as the due date for bids and February 14, 2023 as the date of public hearing and award of contract. 2 2. Purchase these services on an as-needed basis. CITY MANAGER'S RECOMMENDED ACTION: This work is necessary to ensure that a qualified professional firm will respond to both scheduled and emergency needs for Power Plant repair and maintenance and will also control costs by having established billing rates. Funds will be expended on ly as work is required and in accordance with approved inv oices. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 as stated above. 1 ITEM # ___27__ DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: UNIT 8 ELECTROSTATIC PRECIPITATOR INSULATION & LAGGING BACKGROUND: The City’s Power Plant includes two electrostatic precipitator (ESP) units that remove flue gas particulates downstream of the Unit 8 boiler. The insulation and lagging on the precipitator units is in poor condition after years of operation. The lagging is corroded and falling off in some sections and is now in need of full replacement. The current exterior flue gas ductwork is corroded and will need to be replaced as well. This includes the ductwork running between the Unit 8 boiler and the electrostatic precipitator units, along with the ductwork running between the precipitator units and the regenerative air heater. In addition, the inlet and outlet ductwork of the Unit 8 ESP has also deteriorated and requires complete replacement. City staff retained Black and Veatch to prepare plans and specifications which are now complete. The Engineer’s estimate for construction is $2,860,000. The Capital Improvements Plan includes a project for Power Plant Unit 8 Precipitator Insulation and Lagging. The FY 2022/23 budget includes $2,000,000 for engineering and construction. If bids received exceed the budgeted amount, the bid specifications are worded such that the scope of the work could be reduced to priority areas without having to rebid the project. Staff will determine whether to limit the work to priority areas or request that funds be transferred from other projects. The final decision regarding the amount of work to award in the bid and/or whether to supplement the available funding will be brought back to City Council for approval at the time of contract award. ALTERNATIVES: 1. Approve preliminary plans and specifications for the Unit 8 Electrostatic Precipitator Insulation and Lagging project, set January 25, 2023, as the due date for bids, and establish February 14, 2023, as the date of public hearing and award of contract. 2. Delay the Unit 8 Electrostatic Precipitator Insulation and Lagging project. CITY MANAGER'S RECOMMENDED ACTION: The replacement of the insulation and lagging is a planned project in the current CIP. It is important to replace the damaged pieces and provide adequate insulation and protection on the precipitator unit. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No.1, as described above. 1 ITEM # _ 28___ DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: COMBUSTION TURBINE FUEL OIL PIPE INSTALLATION BACKGROUND: The City’s Electric Utility operates two combustion turbines (CT1 & CT2). These units, located at the Dayton Avenue Substation, burn fuel oil to rotate a generator and produce electricity. In 2010, the underground fuel line from the fuel oil pump house to CT1 failed, causing fuel oil to leak underground and eventually to th e Skunk River. The underground fuel oil line from the fuel oil storage tank to the pump house is similar age to the line that leaked in 2010 and is the last remaining underground piping that is original to the unit. This bid is for the installation of double-walled carbon steel piping to replace the remaining, original, underground fuel oil piping. Zachry Engineering Corporation of Omaha, NE has developed plans and specifications for the work. The approved FY 2020/21 Fuel Oil Piping Installation Capital Improvements Plan project includes $150,000 for this work. ALTERNATIVES: 1. Approve preliminary plans and specifications for Combustion Turbine Fuel Oil Pipe Installation and establish January 25, 2023, as the bid due date and February 14, 2023, as the date of public hearing and award of contract. 2. Delay replacement of fuel oil pipe at combustion turbine site and continue operating with the original piping. CITY MANAGER'S RECOMMENDED ACTION: This project is needed because all original lines installed in 1972 are subject to failure due to their age. This is the last section of underground pipe that needs to be replaced for the GT site. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. 1 ITEM # __29___ DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: 2021/22 CONCRETE STREET PAVEMENT IMPROVEMENTS (STANGE ROAD AND 24TH STREET) BACKGROUND: This is an annual program to rehabilitate or reconstruct concrete street sections that have deteriorated. This work will provide enhanced rideability to residents and visitors. This project includes Stange Road from Blankenburg Drive to 24th Street, the intersection of Stange Road and 24th Street, and 24th Street from Pinehurst Drive to Hayes Avenue. Stange Road will be reconstructed with concrete and will include minimal changes to the existing lane configuration. The project includes improvements to the storm sewer system, additional sidewalk on the east side of Stange Road to tie into ISU’s existing sidewalk system, and improved bus stop locations. 24th Street will also be reconstructed with concrete and will be converted from a four-lane section to a three-lane section from Stange Road to the railroad tracks. Forecasted traffic volumes and turning counts support this lane reduction. Another area that will be addressed on 24th Street is the large volume of storm water that accumulates on the outside lanes. To address this, the project will include the addition of several new storm water intakes along 24th Street. The reduction to a three-lane section will also help by reducing the impervious area and by providing space behind the new curb along 24th Street where shallow storm water swales will be constructed. As part of this project, the City will be reconstructing the approaches to the Union Pacific Railroad crossing west of Hayes Avenue. This will include the connection of the sidewalk on the north side of 24th Street. This work was detailed in the Construction and Maintenance Agreement with Union Pacific Railroad previously approved by City Council. A project webpage has been created containing project information, a video, and an opportunity to provide feedback. Staff mailed notices to impacted residents and businesses, and a press release informed the public. Staff also had meetings with Iowa State University staff where they provided input and feedback on the plans. The 2021/22 Concrete Pavement Improvements program also includes the reconstruction projects of N. 2nd Street and for S. Kellogg Avenue that are nearing completion. Overall program funding includes $3,500,000 in GO Bonds, of which $900,000 is being utilized for the N. 2nd Street and S. Kellogg Avenue projects, leaving $2,600,000 available for this Stange Road/24th Street project. 2 A summary of funding sources and projected expenses is shown below. This project will have a January 18, 2023, bid letting conducted through the Iowa Department of Transportation (DOT), which is a requirement of using the MPO/Federal/State funding. This project will have a late start date of April 3, 2023. The project will be completed over 2 years with 130 working days for each 2023 and 2024. ALTERNATIVES: 1. Approve plans and specifications for 2021/22 Concrete Pavement Improvements (Stange and 24th) and establish January 18, 2023, as the date of letting and January 24, 2023, as the date for report of bids. 2. Do not approve this project. CITY MANAGER'S RECOMMENDED ACTION: Approval of the plans and specifications will continue to keep this project on the Iowa DOT’s January 18, 2023 letting schedule. Delay or rejection of these plans and specifications would result in a loss of SWAP funding for the project and delay the letting by a minimum of two months. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. Funding Source Available Revenue Estimated Expenses GO Bonds 2021/22 Concrete Improvements $ 2,600,000 MPO SWAP Funds 1,600,000 Water Quality Funds 100,000 Unobligated GO Bonds 500,000 Union Pacific Agreements $ 117,270.00 Engineering/Administration 600,000.00 Stange and 24th Construction (EST) 4,043,624.44 TOTAL $ 4,800,000 $ 4,760,894.44 ITEM # __ 30 __ DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: 2022/23 DOWNTOWN STREET PAVEMENT IMPROVEMENTS (ALLEY FROM 5th ST TO 6TH ST BETWEEN DUFF AVE TO DOUGLAS AVE) BACKGROUND: This program is for reconstruction or rehabilitation of downtown streets and alleys. This project includes the replacement of the existing alley pavement with 7 inches of new concrete pavement. Staff met on-site with the impacted businesses about staging and access needs. Comments from those meetings were incorporated into the project. City staff has completed plans and specifications for this project. Revenue and expenses associated with this project are estimated as follows: Available Revenue Estimated Expenses 2022/23 Downtown Pavement Imp. (G.O. Bonds) $ 250,000 Construction Engineering/Administration $ 133,510 20,000 TOTAL $ 250,000 $ 153,510 ALTERNATIVES: 1. Approve the plans and specifications for the 2022/23 Downtown Street Pavement Improvements – Alley (5th St – 6th St between Duff Ave to Douglas Ave) Project and establish January 18, 2023, as the date of letting and January 24, 2023 as the date for the report of bids. 2. Do not approve the project. CITY MANAGER'S RECOMMENDED ACTION: The condition of the existing pavement within these alleys has deteriorated and surface drainage is poor. The reconstruction of these alleys will provide improved drainage and access to businesses. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternate No. 1, as noted above. 1 ITEM # 31 DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: 2022/23 FIRE STATION 3 CONCRETE REPLACEMENT BACKGROUND: Fire Station #3 was constructed in 2002. Since its construction, the concrete driveway has continued to deteriorate around the structure. Multiple patches have been applied to the concrete over the last five years as a temporary measure until the entire driveway could be replaced. In spring 2021, a portion of the concrete driveway was replaced at a cost of $41,693. The Fire Department has decided to replace the remaining driveway in 2023. Staff has completed plans and specifications for the project. Revenue and expenses associated with this project are estimated as follows: Funding Source Available Revenue Estimated Expenses 2022/23 Fire Station 3 Concrete Replacement $342,338 Engineering and Administration $ 40,000 Construction 265,000 TOTAL $342,338 $305,000 ALTERNATIVES: 1. Approve plans and specifications for the 2022/23 Fire Station 3 Concrete Replacement project and establish January 18, 2023, as the date of letting and January 24, 2023, as the date for report of bids. 2. Do not approve this project. CITY MANAGER'S RECOMMENDED ACTION: This project will replace deteriorated driveway pavement, thus reducing on -going maintenance costs. It is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 1 ITEM #: 32 DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: 2022/23 SEAL COAT STREET PAVEMENT IMPROVEMENTS AND NEIGHBORHOOD CURB PROGRAM (MURRAY DRIVE FROM NORTHWESTERN AVE TO GRAND AVE) BACKGROUND: This is the annual program for removal of built-up seal coat and reconstruction with an asphalt surface. This program restores surface texture, corrects structural deficiencies, and increases life expectancy of these streets. This project on Murray Drive includes street replacement and storm/sanitary sewer repair. This project will also include the replacement of deteriorated curb and gutter as part of the Neighborhood Curb program. All the streets in this project already have existing sidewalks on both sides of the street. Staff sent letters to all residents and met with several to obtain input on staging, construction timing, and special access needs. As City staff completed plans and specifications for this project, all comments received were incorporated into the project design. Revenue and expenses for this program are estimated as follows: Available Revenue Estimated Expenses 2022/23 Seal Coat Imp. (G.O. Bonds) 2022/23 Neighborhood Curb (Road Use Tax) $ 750,000 300,000 Construction Engineering/Administration $ 873,372.90 131,000.00 TOTAL $1,050,000 $1,004,372.90 ALTERNATIVES: 1. Approve the plans and specifications for the 2022/23 Seal Coat Street Pavement Improvements and Neighborhood Curb Program – (Murray Dr – Northwestern Ave to Grand Ave) Project and establish January 18, 2023, as the date of letting and January 24, 2023, as the date for report of bids. 2. Direct staff to revise the project. CITY MANAGER’S RECOMMENDED ACTION: Approving these plans and specifications will result in lower street maintenance costs, improve area drainage, and provide a better neighborhood aesthetic. 2 Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ITEM # __33___ DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: APPROVAL OF PURCHASE OF A CARGO VAN FOR THE MID-IOWA COMMUNITY ACTION AGENCY (MICA) IN CONJUNCTION WITH THE CARES ROUND 2 GRANT WITH THE IOWA ECONOMIC DEVELOPMENT AGENCY (IEDA) BACKGROUND: As part of the Coronavirus Pandemic (COVID-19) Relief and Recovery funding, in May 2020, the U.S. Department of Housing and Urban Development (HUD) stated that the State of Iowa would receive an additional allocation (Round 2) o f CDBG-CV funds in the amount of $9,506,040. Based on a formula using the data from the 2018 American Community Survey (ACS), IDED notified the City of Ames that it would be eligible to receive $604,386 of these funds. At its June 14, 2022 meeting, City Council directed staff to proceed with the submittal of a Round 2 CV-CARES (COVID-19) grant application in the amount of $604,386 to the Iowa Economic Development Authority (IEDA) on behalf of the following agencies: University Child Care (UCC)-ISU, Ames Community Preschool Center (ACPC), and the Mid-Iowa Community Action Agency (MICA). On July 20, 2022, IEDA notified the City that we have been awarded the 2021 Community Development Block Grant (CDBG-CV) funds in full amount of $604,386. Subsequently, sub-grant agreements were signed with each agency based on their application requests and the grant budget. The Mid-Iowa Community Action Agency (MICA), application request of $60,000 was approved for the procurement of a mini cargo van, that would allow them to deliver food and other essential supplies to low-income households affected by the pandemic and/or any future pandemics. The ownership of the van will be transferred to MICA, they will be responsible for the ongoing maintenance of the vehicle. Bid were received on December 6, 2022 from authorized dealers as follows: Bidder Make Model Year Condition Bid Stew Hansen of Des Moines, IA RAM ProMaster 2500 2023 New $52,920 Stiver’s Ford of Waukee, IA Ford Transit 250 2021 Used $48,998 Bids were evaluated using a calculator for a vehicle’s value based on bid price, lead time, mileage, model year, size, condition, and applicable features. Although the base bid for the used van from Stivers is lower, the bid evaluation determined the 2023 RAM ProMaster 2500 van from Stew Hansen for $52,920 has the greatest value for the price, meets the City’s specification, and is acceptable. Funding for this purchase will come from the CARES -Round 2 grant from IEDA. ALTERNATIVES: 1. Approve and award this contract to Stew Hansen Dodge, Des Moines, IA for one 2023 RAM ProMaster 2500 Cargo Van for $52,920, on behalf of MICA in conjunction with the City’s CARES-Round Grant Award. 2. Approve and award this contract to Stivers Ford, Waukee,IA for one 2021 Ford Transit 250 Cargo Van for $48,998, on behalf of MICA in conjunction with the City’s CARES-Round Grant Award. 3. Reject award of bid. CITY MANAGER’S RECOMMENDED ACTION: The Housing Division staff, MICA, and Fleet Director are confident the purchase of the 2023 RAM 2500 Cargo Van from Stew Hansen Dodge will provide the recipient with exceptional service at the best price. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as de scribed above. 1 ITEM # __34___ DATE 12-13-22 COUNCIL ACTION FORM SUBJECT: LIQUID SODIUM HYPOCHLORITE PURCHASE FOR WATER TREATMENT PLANT AND POWER PLANT BACKGROUND: This contract is for the purchase of sodium hypochlorite, which is used for disinfection in the water treatment process at the Water Plant and treatment of cooling tower water at the Power Plant. Actual usage of sodium hypochlorite will depend on water quality and consumption. The Adjusted FY 2022/23 Water Plant operating budget estimates 56,000 gallons at $1.827/gallon for a total of $102,312. The Power Plant budget includes $35,000 for sodium hypochlorite. The following bids were received for the purchase of sodium hypochlorite on November 30, 2022: Bidder Jan 1, 2023- June 30, 2023 $/Gallon Optional FY 2023/24 Extension $/Gallon Rowell Chemical Corp., Hinsdale, IL $ 2.27 $2.35 DPC Industries, Inc., Bellevue, NE $ 2.27 No bid Unit Prices in Adjusted FY 2022/23 and Requested FY 2023/24 Budgets $ 1.827 $ 2.01 The two bid prices received were exactly the same. Similar to last spring, this is a substantial increase in price compared to the budgeted unit price of $1.827 per gallon. For comparison, the sodium hypochlorite contract price for FY 2021/22 was $0.98 per gallon. These bids reflect recent trends in other chemical prices. The one difference between the two bids is minimum deliveries. DPC Industries, Inc. requires a minimum delivery amount of 4,500 gallons, while Rowell Chemical Corp. requires a minimum delivery of only 4,000 gallons. Smaller deliveries provide greater flexibility in scheduling, especially in critical times of high water demand. For both companies, the contract price is offered through June 30, 2023, with Rowell Chemical Corp. offering an optional year extension at $2.35/gallon. With the bid prices being identical, staff determined that the flexibility offered through smaller minimum delivery quantities would be the factor shifting the recommended award in the favor of Rowell Chemical Corp. Staff has received satisfactory responses to reference checks. A 4% chemical contingency ($33,071) is included in the FY 2022/23 adjusted operating budget. This contingency is for the sum of all Water Plant process chemicals, and is not 2 specific to sodium hypochlorite. If the Water Plant uses all 56,000 gallons estimated in the budget, at the bid price of $2.27 per gallon, the contract cost for the Water Plant portion of the delivered sodium hypochlorite will be $127,120. Between the FY 2022/23 budgeted amount of $102,312 for sodium hypochlorite and the $33,071 chemical contingency, there is $135,383 in available funding for this contract. Power Plant staff has worked in the past year to optimize the Plant’s chemical dosing system, which staff believes will reduce the amount of sodium hypochlorite necessary to treat cooling tower water. The FY 2022/23 Power Plant adjusted budget for sodium hypochlorite was based on the historically higher chemical consumption. Therefore, staff believes the increased per-gallon cost of sodium hypochlorite can be offset by lower consumption, within the available budgeted funds. However, additional funds for chemical supplies, if necessary, will be made available from the Power Plant’s maintenance budget. ALTERNATIVES: 1. Award a contract for the purchase of liquid sodium hypochlorite to Rowell Chemical Corp. of Hinsdale, IL, in the amount of $2.27/gallon. This contract is for the last six months of FY 2022/23. The optional extension for FY 2023/24 may be considered at a later time; but no action on the extension is recommended at this time. 2. Reject all bids and attempt to obtain the required services on an as-needed basis. CITY MANAGER’S RECOMMENDED ACTION: Liquid sodium hypochlorite is an essential treatment chemical, as it provides the final disinfectant barrier that keeps drinking water and cooling tower water safe from microbial contaminants. The Water Plant and Power Plant staff will be working over the coming months to evaluate multiple options in these utility budgets to offset the steep cost increases. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 1 ITEM # ___35____ DATE: 12-13-2022 COUNCIL ACTION FORM SUBJECT: ENGINEERING SERVICES FOR COMBUSTION TURBINE CONTROLS UPGRADE BACKGROUND: Electric Services is seeking a consulting firm to provide engineering services for the development of plans and specifications and provide consulting and engineering assistance. This project is to upgrade the turbine controls for Combustion Turbines #1 and #2 at the City’s Dayton Avenue substation. The firm will use their expertise and experience to act as an Owner’s Engineer on the City’s behalf for the Combustion Turbine Controls Upgrade project. On August 29, 2022, a Request for Proposals (RFP) document was posted to the IonWave electronic bidding site by Purchasing. On September 30, 2022, three proposals were received. An evaluation team was formed to review proposals. Proposals were evaluated on experience, qualifications, suitability and clarity of the response, and the Consultant’s ability to prove the quality of services that best meets the needs of the City. Price was not a factor. FIRM RANK PRICE AP4 Energy Services LLC, Lakeland, FL 1 $149,670 Sargent & Lundy, LLC, Chicago, IL 2 $199,000 ENTrust Solutions Group, Warrenville, IL 3 $265,397 After evaluating the proposals, staff determined that the proposal from AP4 Energy Services LLC, Lakeland, FL, is acceptable. The experience and qualifications of the personnel along with the projects completed for similar combustion turbines by the firm best fit the needs of the City. The FY 2021/22 Capital Improvements Plan includes $750,000 for the Combustion Turbine #2 Controls Upgrades, and FY 2023/24 includes $600,000 for the Combustion Turbine #1 Controls Upgrades. ALTERNATIVES: 1. Award a contract to AP4 Energy Services LLC, Lakeland, FL, for the Engineering Services for Combustion Turbine Controls Upgrade in an amount not to exceed $149,670. 2. Award a contract to one of the other firms. 2 3. Reject all proposals. CITY MANAGER'S RECOMMENDED ACTION: The engineering services portion of the Combustion Turbine Controls Upgrade project is necessary to ensure a comprehensive specification is put together, the designs of the new controls systems are compatible with the existing equipment, and the implementation and commissioning of the new controls systems are completed correctly. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. 1 ITEM # __36___ DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: PURCHASE REPLACEMENT 72 INSTRUMENT AIR COMPRESSOR BACKGROUND: The Electric Utility has two gas-fired, high-pressure steam generation units within the City’s Power Plant, referred to as Units No. 7 and 8. These units are primarily controlled using pneumatic control systems. The plant pneumatics system is supported by three Instrument Air Compressors (#70, #71, #72). One compressor is always operating, a second compressor is cycling on and off serving as a back up to deliver during peak demands, and the third compressor serves as a redundant back up and operates while maintenance is being performed on either of the other two. Instrument Air compressor #72 has reached the end of its useful life and needs to be replaced. Staff has solicited quotes from vendors representing three different air compressor manufacturers. VENDOR QUOTE TAX TOTAL LEAD TIME Atlas Copco Compressors LLC, Rock Hill, South Carolina $79,781.00 $5,584.67 $85,365.67 8 weeks Ingersoll Rand, Davidson, North Carolina $80,333.00 $5,623.31 $85,956.31 10 weeks Air Compressor & Machine Co. of Iowa, Des Moines, Iowa. Authorized distributer of Sullair $83,250.00 $5,827.50 $89,077.50 23-25 weeks The FY 2022/23 Electric Production budget includes $100,000 for the replacement of #72 Instrument Air Compressor. ALTERNATIVES: 1. Award a contract for the Air Compressor to Atlas Copco Compressors LLC, Rock Hill, SC in the amount of $85,365.67 (inclusive of Iowa Sales Tax). 2. Award to one of the other vendors. 3. Reject quotes, and direct staff to rebid the air compressor project. CITY MANAGER’S RECOMMENDED ACTION: 2 This Instrument Air Compressor is a critical part within the process at the Power Plant. If this compressor is not purchased, the plant control system will have no redundancy, risking the possibility of forced outages if either of the other two compressors have issues. Therefore, it is the recommendation of the City Manager that the City Cou ncil adopt Alternative No. 1, as stated above. 1 ITEM #_ _37__ DATE:12-13-22 COUNCIL ACTION FORM SUBJECT: AWARD OF CONTRACT FOR RECORDS MANAGEMENT SOFTWARE FOR THE FIRE DEPARTMENT BACKGROUND: In 2002, the Ames Fire Department purchased records management software from FireHouse, Inc. to electronically document fire and medical incident responses as required by the State of Iowa. FireHouse software is also used by the Fire Department for pre-fire planning, inspections, recording training and certification, equipment inventory and maintenance tracking; and personnel time-tracking for payroll. In 2017, ESO Solutions purchased FireHouse, but continued to support and update security patches for the software. In 2018, the Ames Fire Department entered into an agreement with ESO Solutions for separate software managing medical incident records due to FireHouse’s inability to meet updated National Emergency Medical Services Information System (NEMSIS) requirements for documentation. This was the most cost-effective solution at the time due to current ownership and low maintenance costs of the FireHouse software. In late 2021, ESO Solutions announced the end of life and security support for the FireHouse software, offering to move current customers to their ESO/Fire software as a service under a new agreement. Fire Department staff, in consultation with Information Technology and Purchasing, decided that it would be beneficial to reevaluate the Fire Department’s records management software needs and develop a specification that would increase the efficiency of data entry and retrieval, meet state reporting requirements, and increase compatibility with other software currently in use by the City. A Request for Proposal (RFP) was issued on September 14, 2022, and responses were received from four companies. An evaluation team composed of representatives from the Fire Department and Information Technology reviewed the proposals based on the following criteria: 1. Project Understanding & Responsiveness 2. Software Solution proposed 3. Experience of the Implementation Team 4. Data Conversion Plan 5. Previous Experience and Performance of the Company 6. Overall Cost to the City The scoring of the proposals resulted in the following rankings: 2 The maximum possible score, combining all seven evaluators, was 3500. The proposed products, technical services provided, and experience related scores represented 80% of the overall score, and proposed cost accounted for 20%. The cost breakdown is shown below: Locality Media, Inc. ESO Solutions Image Trend, Inc. One-Time Implementation Fees $ 3,400 $ 2,685.00 $ 6,750.00 Annual Subscription Year 1 33,090 23,882.30 29,635.07 Annual Subscription Year 2 33,090 33,255.92 29,635.07 Annual Subscription Year 3 33,090 34,918.72 29,635.07 Annual Subscription Year 4 33,090 36,664.66 29,635.07 Annual Subscription Year 5 33,090 38,497.89 29,635.07 *Credits - (7,790.00) - Webinar Training Sessions - 2,250.00 Total Cost $ 168,850 $162,114.49 $ 157,175.35 *Credit for ESO Solutions is for services paid by the Fire Department for current fiscal year. During the Merits of Proposal evaluation, Image Trend, Inc., Lakeville, MN, received low scores due to its inability to connect with critical City systems, such as EnerGov and Active Directory. Staff also determined the submission from Progressive Intelligence Technologies, LLC, Indianola, IA to be non-responsive due to the software’s inability to communicate with NEMSIS (National Emergency Medical Services Information System), the lack of a certification tracking module, and an inadequate scheduling module. The remaining two companies were chosen to present software demonstrations. The scoring of the demonstrations resulted in the following rankings: Company Demonstration Total Score Rank Locality Media, Inc., Garden City, NY 1750 1 ESO Solutions, Austin, TX 1525 2 The final scores including the proposal and demonstration scores resulted in the following rankings: Company Proposal Total Score Rank Fee Proposal Locality Media, Inc., Garden City, NY 2454 1 $168,850.00 ESO Solutions, Austin, TX 2338 2 $169,904.49 Image Trend, Inc., Lakeville, MN 2190 3 $157,175.35 Progressive Intelligence Technologies, LLC Indianola, IA - - Non-Responsive 3 Locality Media, Inc., Garden City, NY emerged as the top candidate through the demonstration process. The evaluation team scored Locality Media the highest for their software solution. Staff was particularly impressed with the record management system’s simple, intuitive data querying ability and a streamlined reports module versus competing software packages. Locality Media’s software will save staff time by reducing redundant data entry through its use of a database of user input data which will auto-fill across other modules. An additional benefit of the software which would result in some cost savings is the ability to notify and recall off-duty fire department staff during emergencies. This is currently being done through another vendor at an additional cost. Funds totaling $10,841 are currently budgeted in FY 2022/23 for this project, of which $7,790 has already been exhausted to cover the department’s current RMS subscription fees. Staff has identified salary savings in the amount of $36,490 from this year’s budget that can be used to purchase the first year of service and one-time implementation fees. Annual subscription fees will be included in future operating budgets. Although the pricing is quoted for a five-year period, the City will only be obligated to pay one year at a time. The contract contains a non-appropriation clause and allows for cancellation with 60 days’ notice for any reason. ALTERNATIVES: 1. Approve the award of contract with Locality Media, Inc., Garden City, NY, for Records Management Software in the amount not to exceed of $168,850 over the next five years. 2. Direct staff to negotiate a contract for Records Management Software with one of the other companies that submitted a proposal to the City. 3. Do not award contract for Records Management Software. CITY MANAGER'S RECOMMENDED ACTION: Locality Media, Inc.’s proposal provides the City with the best value to increase the efficiency of data entry and retrieval, meet state reporting requirements, and increase compatibility with other software currently in use by the City. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative No. 1, as described above. Company Total Score Rank Fee Proposal Locality Media, Inc., Garden City, NY 4184 1 $168,850.00 ESO Solutions, Austin, TX 3863 2 $162,114.49 1 ITEM#: 38 DATE: 12-13-2022 COUNCIL ACTION FORM SUBJECT: AWARD OF CONTRACT FOR VIRTUALIZATION ENVIRONMENT BACKGROUND: Information Technology (IT) division maintains both file and virtual server services for City departments. IT hosts 95 virtual servers and several different file services, for common use (such as drive-letter windows storage locations for City employees to share files) and for specific purposes within departments. Examples of specific purpose departmental servers include GIS servers, employee paystub archival servers, and program registration servers for Parks and Recreation. All these services operate from a virtualization server infrastructure that was deployed in January 2018. The January 2018 project, which cost $243,717.33, included a five-year warranty. The warranty period ends in January 2023. In order to ensure these services remain reliably available, a replacement virtualization infrastructure is necessary. The goal of this project is to replace the existing virtualization infrastructure and improve the usability, reliability, and security of the virtualization and storage environment. In the area of reliability, the project sought to find a storage solution where three drives could fail before data was lost (triple-parity storage). Staff prepared a Request for Proposals (RFP) for a replacement virtualization system, including installation and commissioning, development of user acceptance testing, system integration, and connectivity to existing computer resources. The components to be addressed by the vendor include hardware (hosts, networking, and storage), professional services and project management (installation, configuration, data migration, and decommissioning), and five years of support and maintenance An RFP was issued on August 31, 2022 and viewed by ten companies. Responses were received from four companies. An evaluation team composed of representatives from Information Technology reviewed the proposals based on the following criteria: 1. Completeness of the response 2. Fulfilling technical requirements 3. Company’s experience and installation team’s qualifications 4. Understanding of the project 5. Overall cost to the City The maximum possible score, combining all four evaluators was 2000. The proposed products, technical services to be provided and experience related scores represented 70% of the overall score, and proposed cost accounted for 30%. 2 The scoring of the proposals resulted in the following rankings: During the technical evaluation, staff determined the response from ProActive Solution, Mission, KS failed to meet the minimum processing requirement, and was therefore non- responsive. The proposal from Drala Project provides an entry-level storage technology, with less drive redundancy than required in the RFP. Drala Project also failed to include the cost of migration services as a part of their response. Therefore, Drala Project’s proposal was determined to be non-responsive. The cost breakdown for the two remaining, responsive proposals is shown below: Carrier Access IT, LC IP Pathways Computer Hosts $ 134,497.60 $ 127,557.99 Network 49,500.99 122,628.06 Storage 210,191.68 167,450.06 Trade In of Existing Equipment (10,000.00) (5,268.40) Other Fees * 5,750.00 2,125.00 Migration 34,700.00 34,200.00 Total Cost $ 424,640.27 $ 448,692.71 *Other fee for Carrier Access IT is miscellaneous cables and for IP Pathways is shipping Carrier Access IT, LC, Clive, Iowa emerged as the top candidate through the evaluation process. Carrier’s proposal provides triple-parity storage, meeting the reliability goal of this project. Carrier Access’ proposal provides a solid networking plan and enterprise-class servers with intrusion detection features. Additionally, the server management software in Carrier Access’ proposal will reduce the IT team’s time in managing the virtualization environment. Funds totaling $400,000 are currently budgeted in the IT computer replacement budget for this project. This account contains additional reserve funds totaling $636,778, which are available to cover the $24,640.27 shortfall. Company Total Score Rank Fee Proposal Carrier Access IT, LC, Clive, IA 1405 1 $424,640.27 IP Pathways, Urbandale, IA 1276 2 $448,692.71 ProActive Solution, Mission, KS Non-Responsive The Drala Project, Inc, Hermosa Beach, CA - Non-Responsive 3 ALTERNATIVES: 1. Approve the award of contract with Carrier Access IT, LC, Clive, Iowa, for a Virtualization Environment in the amount not to exceed of $424,640.27. 2. Direct staff to negotiate a contract for a Virtualization Environment with one of the other companies that submitted a proposal to the City. 3. Do not award contract for a Virtualization Environment. CITY MANAGER'S RECOMMENDED ACTION: Carrier Access’ proposal provides the City with the best value to obtain usability, reliability, and security improvements to the City’s virtualization environment. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative No. 1, as described above. 1 ITEM #_ _39___ DATE:12-13-22 COUNCIL ACTION FORM SUBJECT: AWARD OF CONTRACT FOR ASSET MANAGEMENT SOFTWARE SOLUTION FOR ELECTRIC UTILITY SUBSTATIONS BACKGROUND: Electric Services Utility Substation division is replacing the existing software solution for asset management and maintenance schedules. The current system, MP2 Computerized Maintenance Software (CMMS) is an outdated program that is no longer supported. This software was adapted from a fleet tracking package for maintenance and health status of the electrical equipment and no longer meets the need of the department. The system was implemented in December, 2009. The goal of this project is to replace the existing CMMS software to improve the usability, reliability, and access to secure details of the electric utility substation infrastructure. The new asset management system will be capable of work order generation, maintain inventory of equipment and spare parts, location of the equipment detailing the manufacturer, type of equipment, the equipment manuals and test results from testing and inspecting the equipment as well as oil testing and infrared image files. The system will allow the staff to search the database by substation, transformer-type, breaker type or by ID number, test type, and when the next test will be scheduled. The new system will be deployed on mobile devices for accessible from remote locations around the city, which will provide staff quick access to equipment details necessary to troubleshoot electrical outage as well as maintenance records of the electrical equipment in the Substations. The submissions were to include the necessary hardware and software to meet the need of the department, provide data conversion of the existing data, and the maintenance and support for five years. A Request for Proposals (RFP) was issued on April 8, 2022, and viewed by 17 companies. Responses were received from eight companies. An evaluation team composed of representatives from Electric Services Substation and Information Technology reviewed the proposals based on the following criteria: 1. Project understanding 2. Software solution 3. Implementation team 4. Conversion plan 5. Previous experience and performance 6. Responsiveness 7. Overall cost to the City 2 The scoring of the proposals resulted in the following rankings after initial review of the proposals: The maximum possible score, combining all 4 evaluators was 2000. The proposed software solution to be provided, implementation and data conversion plans and experience related scores represented 85% of the overall score, and proposed cost accounted for 15%. During the technical evaluation, staff determined a number of responses provided less than the desired outcome detailed below. Company Total Score Rank Fee Proposal Maxpanda CMMS Software, Winnipeg, MB Canada 950 5 $15,240.00 Action Information Systems, Golden, CO 770 7 $42,694.00 Limble Solutions, Inc, Lehi, UT 909 7 $54,000.00 Mpulse Software, Eugene, OR 998 4 $67,182.50 Asset Infinity, Noida, U.P. 1084 2 $198,000.00 DNV GL USA INC, Katy, TX 1385 1 $222,500.00 Hexagon PPM, Madison, AL 1045 3 $220,985.07 PeoplePlus Software, Ann Arbor, MI 931 6 $294,261.00 Company Shortfall of Proposal Maxpanda CMMS Software, Winnipeg, MB Canada MaxPanda CMMS Software, Winniepeg, MB was incomplete, the City would be expected to do most of the conversion work, References provided consist of restaurants, and was not tailored to the City’s objectives. Action Information Systems, Golden, CO The proposal from Action Information Systems, Golden, CO is the company that provides the FMS system to the City Clerk, but the evaluation committee determined the proposal failed to identify an important component, work orders and the parameters of the system will need to be created from the ground up. Limble Solutions, Inc, Lehi, UT The proposal from Limble Solution, Inc, Lehi, UT is for software only, the City will be required to do the implementation and conversion of the City’s data. The Power Plant uses Limble for their maintenance system, but the evaluation team determined the software proposed did not provide the department with feature that were important to them. Mpulse Software, Eugene, OR Mpulse Software provides software only and included only three concurrent users. The requested asked for up to 10 users. 3 Three companies were selected for a demonstration of their product where the evaluation team reviewed the ease of use, specifically in creating a work order, searchability for a part of a piece of equipment, the ability to locate and view the owner’s manuals, and inspection reports, how to add images to the folders, and link the parts to a location. The maximum possible score for the demonstration, combining all 4 evaluators was an additional 2000. DNV GL USA INC (DNV), Katy, TX emerged as the top ranked company through the evaluation process. DNV is a software package that is designed for the electric industry, and they are the leaders in the industry. DNV’s clients include Alliant Energy, OPPD and other large utilities. As a software designed specifically for the industry, they understand the structure the database needs to be in. It contains the most valuable features the industry uses to perform, and maintain records in an easily accessed and intuitively set-up design. In addition, cyber security is critical given the nature of the data stored. An onsite server will provide the necessary security that is required in the electrical industry. Cost breakdown of DNV GL USA INC proposal includes: Year 1 Implementation & Data Conversion $113,000 On-premise solution & annual maintenance $ 57,228 Year 2 Annual Software as a Service (SAAS) $ 13,068 Year 3 Annual Software as a Service (SAAS) $ 13,068 Year 4 Annual Software as a Service (SAAS) $ 13,068 Year 5 Annual Software as a Service (SAAS) $ 13,068 Total cost for 5 years $222,500 DNV software provides the greatest benefit to the City of Ames because it is developed to integrate multiple testing platforms from multiple vendors seamlessly into the database. Staff will be able to run battery tests, transformer tests ,or breaker testing with results automatically uploaded into the database for immediate viewing. It also allows the tests to be run from the database and control the testing software, which no other companies’ database could do. The other two companies’ software were more of an off the shelf database that would be adapted to fit what we needed. Both were going to take more time from staff during the initial start-up phase to build the database. Both systems would be able to link to a test report but neither could run the actual testing software from the database. Also having to link each test manually would require additional time in the office for personnel that isn’t needed with the DNV software. Company Total Score Rank Fee Proposal DNV GL USA INC, Katy, TX 1595 1 $222,500.00 Asset Infinity, Noida, U.P. 1320 2 $198,000.00 Hexagon PPM, Madison, AL 1145 3 $220,985.07 4 Funds totaling $170,500 are currently budgeted in Technology Maint/Support account for this project for Year 1 (FY 2022/23) and future year’s budgets will reflect the annual software fee of $13,068/year. ALTERNATIVES: 1. Approve the award of contract with DNV GL USA INC, Katy, TX, for the Asset Management Software Solution for the Electric Utility Substation in the amount not to exceed of $222,500. 2. Direct staff to negotiate a contract for the Asset Management Software Solution with one of the other companies that submitted a proposal to the City. 3. Do not award contract for the Asset Management Software Solution. CITY MANAGER'S RECOMMENDED ACTION: DNV GL USA INC’s proposal provides the City with the best value to obtain usability, reliability, and security improvements to the Electric Utility Substation Asset Management Software Solution. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative No. 1, as described above. It is important to note that under this contract the City is required to pay the total five-year cost of $222,500 up front in order to take advantage of this pricing. ITEM # ___40__ DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: 2021/22 DOWNTOWN STREET PAVEMENT IMPROVEMENTS – ALLEY (DUFF AVE TO SHERMAN AVE) BACKGROUND: This program is for reconstruction or rehabilitation of downtown streets and alleys. The 2021/22 program location was the alleyway from Duff Avenue to Sherman Avenue, north of Lincoln Way. This project included the replacement of the existing alley pavement with 8 inches of new concrete pavement. On January 25, 2022, City Council awarded the project to Con-Struct, Inc of Ames, Iowa, in the amount of $127,952. Change Order 1 (balancing) reflected the actual measured quantities completed during construction , resulting in a contract increase of $272.62. Final construction was completed in the amount of $128,224.62. Revenue and expenses associated with this program are as follows: Funding Source Available Revenue Estimated Expenses GO Bonds $245,000 Construction $128,224.62 Engineering/Administration 19,250.00 TOTAL $245,000 $147,474.62 Remaining funds will be used for future, eligible infrastructure projects. ALTERNATIVES: 1. Accept the 2021/22 Downtown Street Pavement Improvements – Alley (Duff Ave to Sherman Ave) as completed by Con-Struct, Inc of Ames, Iowa, in the amount of $128,224.62. 2. Direct staff to pursue modifications to the project. CITY MANAGER’S RECOMMENDED ACTION: This project was completed in accordance with the approved plans and specifications. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1. Smart Choice Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org December 7, 2022 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 Dear Mayor and Council Members: I hereby certify the 2021/22 Downtown Street Pavement Improvements-Alley (Duff Ave to Sherman Ave) was completed in an acceptable manner by Con-Struct, Inc. of Ames, Iowa, in the amount of $128,224.62 and was inspected by the Public Works Department of the City of Ames, Iowa. Sincerely, cc: City Clerk, Finance, Contractor, Administrative Services, Project File Item No. 40 1 ITEM # 41 DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: COMPLETION OF CONTRCT FOR THE ADA HAYDEN HERITAGE PARK WETLAND G DREDGING PROJECT BACKGROUND: This project included dredging Wetland G located in Ada Hayden Heritage Park (see Figure 1). The base bid included removing approximately 3,800 cubic yards of sediment (sand, silt, soil, etc.) and disposal at an offsite location. Alternate #1 included soil preparation and temporary erosion seeding of the areas disturbed during the project. Wetland G is the first wetland pond that is part of a complex of wetland ponds that treat storm water flowing into the park via Jewelwing Creek. Jewelwing Creek drains most of the land directly west and northwest of Ada Hayden Heritage Park (Hayden’s Preserve, see Figure 1). It was estimated that Wetland G was at capacity regarding the amount of sediment that had been deposited as determined by comparing the original specifications to a survey completed in June of 2021. Figure 1 2 City of Ames Water Pollution Control staff completed the survey and developed the plans and specifications for the project. City Council approved plans and specifications at its February 22 meeting and bids were received March 23. City Council awarded the Base Bid and Alternate #1 to Nagel Construction, Allerton, Iowa on April 12, 2022, in the amount of $118,323. Staff from Public Works completed construction oversite during the project. A breakdown of the final project costs is below: Project Component Cost Construction (Base bid & Alt. 1) $118,323 Construction Oversight $ 471 Total Project Cost $118,794 Total available funding for the project was $175,000 resulting in savings of $56,206 which will be used for other Parks and Recreation CIP projects. ALTERNATIVES: 1. Accept completion of the contract for the Ada Hayden Heritage Park Wetland G Dredging Project with Nagel Construction, Allerton, Iowa, in the amount of $118,323. 2. Do not accept completion of the contract for the Ada Hayden Heritage Park Wetland G Dredging Project with Nagel Construction, Allerton, Iowa. 3. Refer back to staff. CITY MANAGER’S RECOMMENDED ACTION: Ada Hayden Heritage Park is one of the most popular parks in Ames . More importantly, the lake provides a source of water in times of drought to recharge the aquifer that supplies the City of Ames with water. The wetlands are in place to protect the lake by filtering stormwater coming into the park. Having this project completed helps ensure sediment and debris do not migrate into the lake. Therefore, it is the recommendation of the City Manager that City Council approve Alternative #1 as stated above. 1 ITEM # __42___ DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: MINOR SUBDIVISION FINAL PLAT FOR COMPASS SUBDIVISION PLAT 2 BACKGROUND: Randy R Mumm & Teresa S. Mumm, Trustees of a Revocable Trust are requesting approval of a Final Plat for Compass Subdivision Plat 2, a minor subdivision that would divide Lot 1 into two lots. Compass Subdivision was recorded as Instrument No. 2021- 12005, containing 0.78 acres (see Attachment B – Proposed Final Plat). A minor subdivision includes three, or fewer, lots and does not require additional public improvements. A minor subdivision does not require a Preliminary Plat and may be approved by the City Council as a Final Plat, only, subject to the applicant completing the necessary requirements. Following City Council approval, the Final Plat must then be recorded with the County Recorder to become an officially recognized subdivision plat. Lot 1 is bounded by S. Kellogg Avenue and S. 16th Street and is addressed as 200 S. 16th Street. Lot 1 includes approximately 33,888.46 square feet (.78 acres) and is addressed as 200 S. 16th Street. The eastern side of Lot 1 is occupied by Scooters Coffee; the western side is vacant. The proposed division into two lots will include Lots 1 & 2 of Compass Subdivision Plat 2 with Lot 1 (Scooters) having 19,831.97 square feet (.46 acres) and Lot 2 having 19,831.97 square feet (.46 acres). Lot 1 will continue to have frontage on S. 16th Street. Lot 2 will have frontage on both S. 16th Street and S. Kellogg Avenue. Lot 1 includes access from an “L” shaped cross-access easement that extends to both S. 16th Street and S. Kellogg Avenue. Lot 2 is accessed through Lot 1 via a proposed ingress/egress easement that connects to the “L” shaped cross-access easement. Associated with the Plat is an Easements document which describes the location of all easements including all utility easements as well as the proposed ingress/egress easement. The proposed subdivision is located within the “HOC” (Highway-Oriented Commercial) zoning district. The proposed subdivision alters the development requirements, as each of the lots must meet zoning requirements for the occupancy and use of its site. As a result, both Lot 1 and Lot 2 were evaluated to determine that each lot as proposed is in full compliance with the requirements of the Zoning Ordinance and the Highway Oriented Commercial District as well as the Subdivision Ordinance. No adjustments were needed to maintain compliance with the prior site plan approval. Development upon the new vacant lot will be subject to conformance with development requirement at that time. 2 Public utilities serve both parcels. Sidewalks were required as part of the approved plans for Northwest Bank. The sidewalk has been constructed along Kellogg. The sidewalk planned along South 16th Street is deferred and incorporated into the City’s improvement project. ALTERNATIVES: 1. The City Council can approve the final plat for Compass Subdivision Plat 2, based upon the findings and conclusions stated above. 2. The City Council can deny the final plat for Compass Subdivision Plat 2, if the City Council finds that the proposed subdivision does not comply with applicable ordinances, standards or plans. 3. The City Council can refer this request back to staff or the applicant for additional information. CITY MANAGER’S RECOMMENDATION: The proposed final plat for Compass Subdivision Plat 2 is consistent with the City’s existing subdivision and zoning regulations. The provision of the 24-foot ingress/egress easement ensures the site meets access requirements upon recording of the final plat and easement document. Therefore, it is the recommendation of the City Manager that the City Council accept Alternative #1. 3 Attachment A Location & Zoning Map 4 Attachment B Proposed Final Plat of Compass Subdivision Plat 2 5 Attachment C Applicable Laws The laws applicable to this case file are as follows: Code of Iowa, Chapter 354.8 states in part: A proposed subdivision plat lying within the jurisdiction of a governing body shall be submitted to that governing body for review and approval prior to recording. Governing bodies shall apply reasonable standards and conditions in accordance with applicable statutes and ordinances for the review and approval of subdivisions. The governing body, within sixty days of application for final approval of the subdivision plat, shall determine whether the subdivision conforms to its comprehensive plan and shall give consideration to the possible burden on public improvements and to a balance of interests between the proprietor, future purchasers, and the public interest in the subdivision when reviewing the proposed subdivision and when requiring the installation of public improvements in conjunction with approval of a subdivision. The governing body shall not issue final approval of a subdivision plat unless the subdivision plat conforms to sections 354.6, 354.11, and 355.8. Ames Municipal Code Section 23.303(3) states as follows: (3) City Council Action on Final Plat for Minor Subdivision: (a) All proposed subdivision plats shall be submitted to the City Council for review and approval in accordance with Section 354.8 of the Iowa Code, as amended or superseded. Upon receipt of any Final Plat forwarded to it for review and approval, the City Council shall examine the Application Form, the Final Plat, any comments, recommendations or reports examined or made by the Department of Planning and Housing, and such other info rmation as it deems necessary or reasonable to consider. (b) Based upon such examination, the City Council shall ascertain wheth er the Final Plat conforms to relevant and applicable design and improvement standards in these Regulations, to other City ordinances and standards, to the City's Land Use Policy Plan and to the City's other duly adopted plans. If the City Council determines that the proposed subdivision will require the installation or upgrade of any public improvements to provide adequate facilities and services to any lot in the proposed subdivision or to maintain adequate facilities and services to any other lot, parcel or tract, the City Council shall deny the Application for Final Plat Approval of a Minor Subdivision and require the Applicant to file a Preliminary Plat for Major Subdivision. 1 ITEM # 43___ DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: DOMANI SUBDIVISION, SECOND ADDITION FINAL PLAT BACKGROUND: Pinnacle Properties Ames, LLC (Keith Arneson) is requesting approval of a Major Subdivision Final Plat for the Domani Subdivision Second Addition of 16.18 acres at the south end of Green Hills Drive, south of Oakwood Road. (Attachment A). The current Parcel ‘H’, is 16.18 acres, to be divided as follows: 10.077 acres are reserved for future additions and the remaining 6.103 acres will be platted into 13 single -family lots, two large outlots (A and B), and right-of-way for Green Hills Drive (Attachment B). Outlots A and B are reserved for storm sewer, surface water flowage, public utilities, and pedestrian use. The outlots will be owned and maintained by the Domani Homeowners’ Association. The Domani Subdivision is a Planned Residence District (PRD), which authorizes certain deviations from zoning standards that would normally apply, such as lot sizes and setbacks. The entire Domani Subdivision is 23.784 gross acres and included a Phasing Plan as part of the PRD. The Final Plat for the first addition was approved in October of 2020. In the First Addition, the clubhouse is completed and open and 21 of the 27 homes have been completed or are under construction. Domani is governed by a Development Agreement that was approved concurrently with the First Addition. The agreement pertains to improvements in the adjacent Christofferson Park and the phasing of the development with respect to the clubhouse and swimming pool and to a temporary sales office (Attachment C). The clubhouse and pool are completed, and the temporary sales office is still in operation. The park improvements have been completed. There are no specific obligations from the agreement associated with Phase 2 platting, although a trail within one of the private outlots is required to be constructed prior to approval of Phase 3. The developer initially planned to split the subdivision into three phases. This current addition, however, is roughly half of the planned second phase (Attachment C) and does not include the extension of Cottonwood Road . Platting of additions can occur in smaller portions than the overall phasing boundary of the PRD, if approved by City Council. It is not anticipated that dividing Phase 2 into parts will adversely affect the development, nor will it impede future extensions of streets and utilities. The extension of Cottonwood Road will occur with the next addition within Domani. Financial security in the form of a Letter of Credit was submitted for the First Addition improvements. The only outstanding items are the street trees and the final inspection and verification of compliance with the COSESCO permit. 2 An Agreement for Public Improvements and an Agreement for Sidewalk and Street Trees have been prepared for City Council approval with the Final Plat. The Agreement for Public Improvements identifies the need for financial security for the completion of certain improvements and utilities related to the proposed plat. Financial security, in the form of a Letter of Credit, has been submitted to the City in the amount of $64,636.00, which covers the cost of the remaining improvements, in the event the developer does not install the required improvements. Sidewalks and street trees must be installed prior to the issuance of a Certificate of Occupancy for an individual lot; however, within three years after final plat approval, all sidewalks within the addition must be installed. Financial security can be reduced by the City Council as the required infrastructure is installed, inspected, and accepted by the City. ALTERNATIVES: 1. The City Council can approve the Final Plat of Domani Subdivision, Second Addition based upon the findings that the Final Plat conforms to relevant and applicable design standards, ordinances, policies, and plans including the signed Agreement for Public Improvements and Agreement for Sidewalk and Street Trees. 2. The City Council can deny the Final Plat for Domani Subdivision, Second Addition if it finds that the development creates a burden on existing public improvements or creates a need for new public improvements that have not yet been installed . 3. The City Council can refer this request back to staff or the applicant for additional information. CITY MANAGER’S RECOMMENDED ACTION: After reviewing the proposed Final Plat of Domani, Second Addition, Staff finds that it complies with all relevant and applicable design and improvement standards of the Subdivision Regulations, to the Ames Plan 2040, to other adopted City plans, ordinances and standards, and to the City’s Zoning Ordinance. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1, as noted above. 3 Attachment A Location Map 4 Attachment B Final Plat of Domani Subdivision, Second Addition 5 6 7 Attachment C Domani PRD Phasing Plan 8 Attachment D Applicable Laws and Policies Pertaining to Final Plat Approval Adopted laws and policies applicable to this case file include, but are not limited to, the following: Code of Iowa, Chapter 354.8 states in part: A proposed subdivision plat lying within the jurisdiction of a governing body shall be submitted to that governing body for review and approval prior to recording. Governing bodies shall apply reasonable standards and conditions in accordance with applicable statutes and ordinances for the review and approval of subdivisions. The governing body, within sixty days of application for final approval of the subdivision plat, shall determine whether the subdivision conforms to its comprehensive plan and shall give consideration to the possible burden on public improvements and to a balance of interests between the proprietor, future purchasers, and the public interest in the subdivision when reviewing the proposed subdivision and when requiring the installation of public improvements in conjunction with approval of a subdivision. The governing body shall not issue final approval of a subdivision plat unless the subdivision plat conforms to sections 354.6, 354.11, and 355.8. Ames Municipal Code Section 23.303(3) states as follows: (3) City Council Action on Final Plat for Minor Subdivision: (a) All proposed subdivision plats shall be submitted to the City Council for review and approval in accordance with Section 354.8 of the Iowa Code, as amended or superseded. Upon receipt of any Final Plat forwarded to it for review and approval, the City Council shall examine the Application Form, the Final Plat, any comments, recommendations or reports examined or made by the Department of Planning and Housing, and such other information as it deems necessary or reasonable to consider. (b) Based upon such examination, the City Council shall ascertain whether the Final Plat conforms to relevant and applicable design and improvement standards in these Regulations, to other City ordinances and standards, to the City's Land Use Policy Plan and to the City's other duly adopted plans. If the City Council determines that the proposed subdivision will require the installation or upgrade of any public improvements to provide adequate facilities and services to any lot in the proposed subdivision or to maintain adequate facilities and services to any other lot, parcel or tract, the City Council shall deny the Application for Final Plat Approval of a Minor Subdivision and require the Applicant to file a Preliminary Plat for Major Subdivision. ITEM # _ 44a _ DATE: 12/13/22 COUNCIL ACTION FORM SUBJECT: DOT OFFER TO BUY AGREEMENT FOR PROPERTY AT 122 NORTH OAK FOR FITCH FAMILY INDOOR AQUATIC CENTER BACKGROUND: On August 23, 2022, the City Council directed staff to pursue a project to construct a new indoor aquatic facility at a site owned by the Iowa Department of Transportation (DOT), located at 122 North Oak Avenue. The property is 2.91 acres in size and contains two buildings – a 17,694 office building referred to as the North Annex, and a 3,752 square foot building referred to as the Conference Center. To facilitate the construction of the indoor aquatic facility, both structures and the other improvements on the property would be demolished. DOT PROPERTY DISPOSAL PROCESS: The DOT utilizes a formalized process to dispose of excess property. This process is guided by specific state law requirements for the disposal of excess right of way, and applies a separate set of requirements for the di sposal of non-right of way properties, such as the 122 North Oak property. DOT’s process requires an independent appraisal to establish the fair market value of the property. The completed appraisal is then reviewed by DOT staff or another appraiser. DOT then notifies state agencies, counties, or cities and gives them an opportunity to purchase the property. An “Offer to Buy” form is completed by the entity wishing to purchase the property, and must be returned to the DOT within 30 days of notification o f the opportunity. The offer must equal or exceed the fair market value of the property as determined in the appraisal. Preference is given to the highest timely offer received by the DOT. If no valid offer is received within 30 days, the parcel is advanced to public auction. APPRAISAL: Based on the City’s expressed interest in the property, the DOT retained an independent appraiser to establish the market value of the 122 North Oak Avenue property. The appraisal concluded that the market value of the property as of October 4, 2021, is $2,900,000. The appraisal was then reviewed and certified by a second appraiser per DOT policy on October 31, 2021. The appraisal notes that it assumes the property “does not suffer from soil or groundwater contamination,” and the appraiser did not review reports of any asbestos or hazardous materials that may be present on the site. The City retained a contractor, Impact7G, to complete an environmental analysis of the property. This analysis reviewed the history of the site and adjacent sites, explored subsurface soil conditions, and investigated for any soil contamination issues that may require mitigation. Testing confirmed the presence of contaminated soils which are isolated to the northeast corner of the property. City staff has held several conversations with DOT staff regarding the property, the environmental conditions, and other aspects of the appraisal. These discussions included requests by the City to have the DOT reduce the purchase price of the property; have a second appraisal done; or to have the DOT reimburse the City for the cost of remediation/mitigation efforts related to the contaminated soils. The DOT has indicated from the start that the property is being sold as is , and denied all requests by the City. Thus, the purchase price remains at $2,900,000. OFFER TO BUY: The IDOT has delivered an “Offer to Buy”, Attachment A, to the City which must be returned to the IDOT within 30 days of notification of the opportunity. The action being requested of the City Council is to authorize the submittal of an offer to buy the property at 122 North Oak Avenue in the amount of $2,900,000. After the City submits the Offer to Buy, the City will receive within several days, a letter indicating the offer has been accepted. Once accepted, the City would transfer payment of $2,900,000 to the state no later than January 5, 2023. After the payment has been accepted, the ownership of the property is conveyed by a State Land Patent. This document requires review by DOT and State Land Office officials and is then signed by the Governor. Since the issuance of the State Land Patent (SLP) may take up to 45 days to be issued, there is language in the Offer to Buy agreement regarding a Mutual B enefit Sales Lease (MBSL). This Lease will allow the City to treat the property as its own until the SLP is issued. This is important to note as without the MBSL, the City would not be able to make any alterations (remove hazardous fixtures, asbestos rem oval, etc.) to the building until the SLP is received. The Offer to Buy includes the legal description of the property, the purchase price, and other items. A few items to highlight are shown below: • Mutual Benefit Sales Lease – this is referenced in the Offer to Buy and the document is included in Attachment A. The lease details what can and cannot be done with the property until the State Land Patent is issued. The City also agrees to furnish the DOT with a Certificate of Insurance for liability in the minimum amount of $2,900,000. • Removal of Items – Exhibit 1 is a listing of items the DOT must remove (i.e. all moveable equipment and furniture, etc.), as well as items the DOT reserves the right to remove (i.e. light fixtures, door closures, etc.). There is a provision requiring a walkthrough with City and DOT staff on January 4 to determine if the DOT has removed all required items. If the City finds items that were to be removed but were not, the DOT will remove them prior to January 5. • ICN Fiber – The DOT shall remove the ICN Fiber serving the DOT facilities on the property and re-route the ICN Fiber to the Right-of-Way on the east side of North Oak Avenue at the DOT’s expense. ALTERNATIVES: 1. City Council may: a. Authorize submittal to the Iowa Department of Transportation of an Offer to Buy the property located at 122 North Oak Avenue, Ames, in the amount of $2,900,000. b. Approve entering into the Mutual Benefit Sales Lease Agreement with the Iowa Department of Transportation until such time the State Land Patent for 122 North Oak Avenue is delivered to the City. 2. Do not authorize submission of an Offer to Buy this property, and do not proceed with the indoor aquatic center project at this location. CITY MANAGER’S RECOMMENDED ACTION: The construction of the Fitch Family Indoor Aquatic Center (FFIAC) is a high priority for City Council, Parks and Recreation Commission, and Ames residents. This facility will provide warm water aquatic opportunities for all ages which are currently lacking in Ames and Story County. By authorizing the submittal of the Offer to Buy, the City is completing the first necessary step in bringing the FFIAC to fruition. Therefore, it is the City Manager’s recommendation that the City Council approve Alternative #1 as stated above. The purchase of the land from DOT is available from the Geitel Winakor donation ($1,950,000) and recently issued G.O. Bonds ($1,000,000). Office of Right of Way - Property Management 800 Lincoln Way, North Annex, Ames, IA 50010 Email: joseph.guckert@iowadot.us December 7, 2022 When corresponding, refer to: Story County Project #: BG-3A31(000)—80-85 Parcel No. 1-Seq. 2 Ames City Hall Attn: John Haila, Mayor 515 Clark Avenue Ames, IA 50010 Dear Mr. Haila: On behalf of the State of Iowa, the Iowa Department of Transportation intends to offer for sale the below described real estate. Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, including the alley, in Block 3 in College Park Addition to the City of Ames, Story County, Iowa, except Parcel "A", a part of Lots 7, 8, 9, 10, 11 and 12 in Block 3 of College Park Addition to the City of Ames, Story County, Iowa, as shown on the Acquisition Plat of Survey, Exhibit “A”, Plat 1 of 4, attached to Patent No. 5688, recorded on October 5, 2009, as Instrument No. 2009-00012420. The Iowa Department of Transportation has decided to allow the City of Ames, the opportunity to be heard and make an offer on the property for a period of thirty (30) days. Fair market value for this tract has been established at $2,900,000.00. If no offers are received within thirty (30) days from the date of this letter which equal or exceed the fair market value of the land, the property will be disposed of by the Iowa Department of Transportation by other means. If the City of Ames executes the enclosed Offer to Buy within the 30 days, then the Iowa Department of Transportation will permit the City of Ames to make full payment of the Approved Appraised Value ($2,900,000.00) and take possession of the above-described property no later than January 5, 2023. Please contact me by phone at (515)-239-1976 or email at joseph.guckert@iowadot.us if you have any questions or concerns. Sincerely, Joe E. Guckert Property Manager Revised on 1/15/03 OFFICE OF RIGHT OF WAY County: Story Project #: BG-3A31(000)--80-85 Parcel No.: 1-Seq. 2 OFFER TO BUY I herewith submit an unconditional offer of $_________________ (minimum acceptable offer is the approved fair market appraised value of $2,900,000.00) to the Iowa Department of Transportation (hereinafter known as Department) for the purchase of the following land: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, including the alley, in Block 3 in College Park Addition to the City of Ames, Story County, Iowa, except Parcel "A", a part of Lots 7, 8, 9, 10, 11 and 12 in Block 3 of College Park Addition to the City of Ames, Story County, Iowa, as shown on the Acquisition Plat of Survey, Exhibit “A”, Plat 1 of 4, attached to Patent No. 5688, recorded on October 5, 2009, as Instrument No. 2009-00012420. A CHECK or MONEY ORDER (the Department will NOT accept CASH) or an ACH payment for the full amount of the offer made payable to the Iowa Department of Transportation will be accepted in our office no later than January 5, 2023. Should the Department not accept the bid or offer; the amount will be returned. I accept title by State Patent. Seller shall provide Buyer with the Abstract of Title to the property upon acceptance of this offer. I am aware that the land is being sold in accord with the provisions of and subject to the limitations of Section 306.22 through and including 306.25 of the Code of Iowa. "Any sale of land as authorized therein shall be upon the conditions that the tract, parcel or piece of land so sold shall not be used in any manner so as to interfere with the use of the highway, or to the material damage of the adjacent owner, and shall be subject to the right of all utility associations, companies, or corporations to continue in possession of a right of way in use at the time of such sale." I accept the following covenants and agree that they shall run with the land and be binding upon me and my heirs and assigns: 1.City of Ames further agrees to reserve to the Iowa DOT for $0.00 dollars, the items listed on Exhibit 1. Seller shall remove said items on or before the Date of Possession. Buyer and Seller shall meet at the subject site on January 4, 2023, to perform a final walk-through and inspection of the premises. 2.Surrender of Possession of the described premises in this offer shall be no later than January 5, 2023. Payment in full of the approved appraised value for said premises shall be made to the Iowa Department of Transportation no later than January 5, 2023. Seller shall promptly request the State Patent from the Governor’s Office upon full payment by the City of Ames. The DOT shall issue a Mutual Benefit Lease (effective January 5, 2023) to the City of Ames, which will allow the City of Ames to proceed with any future plans they may have for the property; until such time as the State Patent arrives. The DOT shall extend the term of the Mutual Benefit Lease upon the same terms, if necessary, up to and including the date that the State Patent is recorded. Seller shall be responsible for recordation of the State Patent with the Story County Recorder. 3.Sale of the above-described parcel is subject to all easements of record 4.These provisions run with the land and are binding upon buyers, their heirs, successors, and assigns. 5.Seller shall have 30 days from the date that the City of Ames makes this offer, to accept, or it shall be withdrawn and neither party shall have any obligation to the offer. 6.Seller shall remove the ICN Fiber serving the Iowa DOT facilities on the property and re-route the ICN Fiber to the Right of Way on the east side of North Oak Avenue, at seller’s expense no later than January 5, 2023. The Iowa Department of Transportation reserves the right to waive any technicalities and to reject any or all bids or offers. I certify that I have inspected this property to my complete and total satisfaction and that I am fully aware of all conditions of the property and the terms and conditions under which it is being offered for sale. I understand that the property is being sold as is with no warranties of any nature either expressed or implied. I therefore submit a bid, as shown above, for the property. If my offer is accepted by the Department, please issue the Patent to: Please print your name, or names, using one of the formats listed below: 1)John J. Doe 2)John J. Doe and Mary Ann Doe, as tenants in common 3)John J. Doe and Mary Ann Doe as joint tenants with full rights of survivorship and not as tenants in common 4)Any business name (PLEASE PRINT OR TYPE) The City of Ames, an Iowa Municipal Corporation Please print or type the EXACT name or names the bidder wishes to appear on Patent 2,900,000.00 __________________________________________________________________________________________ Revised on 1/15/03 ________________________________________ ______________________________________________ Address Printed or typed names of signatories ________________________________________ X Signed: City, State Zip Code ________________________________________ Email Address Date Telephone Number  EXHIBIT “1” The DOT shall remove the following prior to the date of possession:  All moveable items including, but not limited to: o Moveable furniture o Custodial and Maintenance items and equipment o Microwave Ovens o Refrigerators o Portable Dehumidifiers o Miscellaneous cleaning and maintenance supplies in various sizes and quantities And The DOT shall reserve the right to remove the following prior to the date of possession:  Wall mounted furnishings (projectors, shelving, marker boards, signage, etc.)  Emergency Notification System components (select) o Sensors o Controllers o Panels o Horn/Strobe units o Smoke Detectors  WinDSX System components (select)  AED units, cabinets, signage, First Aid Kits  Fire Extinguishers, cabinets, and signage (select)  Door Hardware and Closures (select) o Locksets and cylinders o Newer exit devices o Auto operators o Door lite kits o Door hold open devices and foot pulls  HVAC Control Equipment (select)  Plumbing Fixtures – Automatic Sensing Restroom Fixtures, etc. (select)  Bottle Filler Drinking Fountains  Ceiling Fans (select)  Lighting (select)  Cameras and related equipment  Computers and Phone systems, network gear, racking, wireless access points, select applicable cabling and fiber that can be repurposed  Thermostats and control Switches (select) The Iowa DOT reserves the right to add additional personal property items currently owned by the DOT for removal prior to the date of possession. November 1, 2022    Prepared by, Joe E. Guckert, Return to: Iowa Department of Transportation, 800 Lincoln Way, Ames, IA 50010 Form No. 636-019 - 1 - OFFICE OF RIGHT OF WAY AMES, IA 50010 MUTUAL BENEFIT SALES LEASE – BUILDINGS & LAND Parcel No. 1-Seq. 2 County: Story Project No. BG-3A31(000)—80-85 Lease No.85-01-04 THIS AGREEMENT made and entered into this ___________ day of _________________________, 20_____, by and between the IOWA DEPARTMENT OF TRANSPORTATION, acting for the State of Iowa (hereinafter called "Lessor"), and THE CITY OF AMES, AN IOWA MUNICIPAL CORPORATION, (hereinafter called "Lessee"). Lessor hereby agrees to lease to Lessee, from the 5th day of January, 2023, to the 5th day of April, 2023, including both days, that the Lessor does hereby lease unto the lessee the following described premises, to-wit: The DOT shall extend the term of the Mutual Benefit Lease upon the same terms, if necessary, up to and including the date that the State Patent is recorded. Property located at 122 N. Oak Street, Ames, Iowa. The above-described premises is leased to said Lessee in consideration of the following terms, provisions and conditions: 1. This lease is for “MUTUAL BENEFIT” by both parties (meaning no rent will be collected) between the time the sale is completed and the land patent is issued. This lease grants permission to the lessee to enter and use the above parcel for Commercial/Industrial purposes. 2. It is understood and agreed that the Lessee will not allow the release or disposal of any fuel, oil, grease and any and all other petroleum products or other hazardous materials or substances within the leased area or on any adjacent lands. If any petroleum products and/or chemicals should accidentally be released upon the leased premises or adjacent land, the lessee agrees to immediately clean up and remove said petroleum products or chemicals to the satisfaction of the Iowa Department of Transportation and the Department of Natural Resources. 3. Parking vehicles used for the storage of fuel, hazardous materials or substances is prohibited. 4. Lessee acknowledges that Lessee has inspected and knows the condition of the property and the same hereby leased without any representation or warranty by the Lessor whatsoever, and without obligation on the part of the Lessor to make any changes, alterations, repairs, or additions. 5. Not to sell, transfer or assign this lease or underlet said premises or any portion thereof without prior written consent of Lessor. Any provisions on the reverse side or attached to this lease are, by this reference, made a part of this lease. 6. No alterations, additions or improvements shall be made by the Lessee in or upon said premises without the prior written consent of Lessor, and when made by the same shall not be made upon credit, and Lessor and said property shall in no manner be held liable for same. Lessee agrees to use due care and diligence in guarding said property and in using the same, as a reasonable and careful person does their own. 7. The Lessee, upon failing to comply with the terms and conditions of the sale and any extensions thereof, shall, upon request from the Lessor, immediately vacate and surrender possession of the leased premises. 8. To pay all public utility services used including city sewage and/or disposal service. 9. The Lessor shall not be liable for damages or injury to Lessee or Lessee's employees, agents or associates or any of their property from any cause whatsoever which may arise out of or in connection with the use and occupancy of the premises by any such persons or their property. Prepared by, Joe E. Guckert, Return to: Iowa Department of Transportation, 800 Lincoln Way, Ames, IA 50010 Form No. 636-019 - 2 - 10. To comply with all lawful regulations, restrictions, ordinances and laws applicable to the proper use and occupancy of said premises; and not to allow ashes, trash, garbage or junk of any kind to accumulate on the premises or the alley in rear thereof and to remove the same from said premises, to remove snow and other obstructions from the sidewalks and to keep same, including ground, in as good condition as when received or thereafter put by Lessor. 11. The Lessee will protect, and defend against all loss, costs, damage and expenses occasioned by, or arising out of, any accident or other occurrence, causing or inflicting injury or damage to any person or property, happening or done in, upon or about the premises, or due directly or indirectly to the tenancy, use of occupancy thereof, or any part thereof by Tenant or any person claiming through or under Tenant. 12. The Lessee shall furnish the State with an appropriate certificate or copy of a current liability insurance policy in the minimum amount of $2,900,000.00, which must be in effect during the entire term of the lease as stated above. Said policy must specifically include the leased premises and must also include the Lessor as an additional insured party and must meet with the satisfaction of the Lessor. If the Lessee fails to furnish proof of insurance promptly after taking possession of the premises or fails to maintain such insurance during the entire term of this lease, such failure shall be cause for forfeiture, cancellation and termination of this lease. LESSEE: THE CITY OF AMES, THE CITY OF AMES, AN IOWA MUNICIPALCORPRATION AN IOWA MUNICIPAL CORPRATION BY: ____________________________________ BY: _________________________________ ____________________________ Date _____________________________ Date (Sign above, and type/print name and title) (Sign above, and type/print name and title) ____________________________________ __________________________________ ____________________________________ __________________________________ Telephone No. _______________________ Telephone No. _____________________ Mobile Phone No. _____________________ Mobile Phone No. __________________ APPROVED: APPROVAL RECOMMENDED: IOWA DEPARTMENT OF TRANSPORTATION BY: _____________________________________ BY: ____________________________________ Joe E. Guckert Date Mike Jackson Date Property Manager Property Management Supervisor Telephone No. 515-239-1976 Office of Right of Way Prepared by, Joe E. Guckert, Return to: Iowa Department of Transportation, 800 Lincoln Way, Ames, IA 50010 Form No. 636-019 - 3 - APPENDIX A ATTACHMENT TO LEASE The Lessee, for itself, Lessee's personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with a land that: (1) In the event facilities are constructed, maintained, or otherwise operated on the said property described in this lease, for a purpose of which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services of benefits, the Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (2) No person on the ground of race, color, sex, age, disability, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. (3) That in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, age, disability, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. (4) That the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, the State of Iowa shall have the right to terminate the lease and to re-enter and repossess said land the facilities thereon and hold the same as if said lease had never been made or issued. ITEM # _ 44b _ DATE: 12/13/22 COUNCIL ACTION FORM SUBJECT: AWARD OF CONTRACT TO STORY CONSTRUCTION FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE FITCH FAMILY INDOOR AQUATIC CENTER BACKGROUND: In January 2022, staff issued a Request for Proposals for Construction Management (CM) Services for the construction of the Fitch Family Indoor Aquatic Center (FFIAC). Services of the CM are to include Pre-Construction services (assist with design, provide cost estimates, and develop bid packages) and construction services (manage all aspects of construction including contractors, coordination of tasks, review of shop drawings and submittals, assure all work is accomplished according to the design specifications, etc.). Four proposals were received, and this information was shared with City Council at its May 10, 2022 meeting. At that meeting, Council directed staff to begin negotiating a contract with Story Construction for CM services. This negotiation has been taking place for the last six months and a final contract is now being brought before City Council for its consideration. CONTRACT OVERVIEW: Staff has been working with Story Construction (SC) on finalizing a contract utilizing the AIA Document C132 – 2019: Standard Form of Agreement Between Owner and Construction Manager as Adviser which is shown in Attachment A. This is a standard form developed by the American Institute of Architects and has been modified based on conversations with SC representatives. Highlights of the contract changes are as follows: Section 1.1.3 – Owner’s Budget for the Cost of the Work Council has set the maximum cost of construction of the FFIAC at $20,500,000. This does not include land cost, architect fees, CM fees, FFE (Furniture, Furnishings, Equipment), and other soft costs. Section 1.1.4 – Anticipated Milestone Dates Design to begin in December 2022 with bids due December 2023. Award of Contract in January 2024 with building construction beginning April 2024. Grand opening is scheduled for fall 2025. Section 1.1.7 – Sustainable Objectives for the Project The objective is to design with sustainable measures to include future sola r panels and evaluation of geothermal. Section 3.2.24 – Insurance Requirements The City will obtain Builders Risk insurance for this project. Section 3.2.9 – Construction Cost Estimates The CM will prepare construction cost estimates at the end of Schematic Design (SD), end of Design Development (DD), and 80% Construction Documents (CD). The 80% CD estimate will be revised as needed to provide a final estimate prior to bidding. Note that the Architect will also prepare estimates at SD, DD, and 80% CD. Any differences between the estimates will be reconciled prior to moving forward to the next phase. Section 3.2.19 – Bidding It should be noted that bidding for this project will be different than other City projects because a General Contractor (GC) is not being used. With a GC, there is one bid package and the GC hires all of its subcontractors to complete the work. With a CM, there will be multiple bid packages (15-20) and the City will enter into a contract with each of these Prime Contractors. The CM and Architect will assist the City in this bidding process. There is a separate contract that has been developed that will be used with each of the Prime Contractors. Section 4.1.1.6, 4.1.1.14, and 4.1.1.16 – Supplemental Services Clarifies that these services are part of the basic scope of services and will not be treated as additional services. Please note that an effort has been made to limit what can be categorized as additional services yet keeping a sense of fairness in mind throughout the negotiation phase. Section 6.1 – Cost of Work Clarifies what is included in the Cost of Work. Section 8.2.4 – Method of Binding Dispute Resolution Specifies the method as mediation followed by litigation. Section 8.3 – Arbitration Deleted Section 9.9 – Purchase of DOT Property This has been added and it states, “If the purchase of the DOT property is unsuccessful, this contract will be terminated and Owner will compensate the Construction Manager only for services provided up to that point”. Section 11.1.1 and 11.1.2 – Cost for CM Services Through negotiations, SC reduced their Construction Management Fee from 2.25% to 2.1% and adjusted some staffing fees due to the project completion date being one year later than originally stated. The final cost of the contract for CM services (preconstruction and construction) is $1,392,229 as shown below: Preconstruction Phase Services $ 135,327 Construction Management Fee $ 430,500 Construction Phase Staffing $ 765,022 Reimbursables (Not to Exceed) $ 61,380 Total $1,392,229 It should be noted that when the bid packages are awarded, there will be another contract with Story Construction for construction General Conditions (i.e. dumpsters, portable restrooms, fencing, etc.). There will be no mark-up on these items and will be part of the $20.5 million construction budget. ALTERNATIVES: 1. Award a contract to Story Construction for Construction Management Services related to the design and construction of the Fitch Family Indoor Aquatic Center in the amount not to exceed of $1,392,229. 2. Do not award a contract at this time and provide direct ion to staff as to what changes Council would like to see made to the contract. 3. Do not award a contract to Story Construction and direct staff to initiate a new Request for Proposal for Construction Management Services for the Fitch Family Indoor Aquatic Center. This option would delay the project and most likely increase the project cost. CITY MANAGER’S RECOMMENDED ACTION: This is the first time the City will be contracting for construction management services, so there are some components of this process that will be new to the City. The attached contract with Story Construction spells out their responsibilities to assist the City with managing this large project. Story’s involvement in the preconstruction phase should prove to be very valuable in assuring the building design can be built with the funds available. Having Story on-site to work with multiple prime contractors will take a heavy burden off City staff as it relates to the day-to-day management of the project. Therefore, it is the City Manager’s recommendation to approve Alternative #1 as stated above. AIA® Document C132™ – 2019 Standard Form of Agreement Between Owner and Construction Manager as Adviser AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 1 The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A132™– 2019, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; and B132™– 2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. AIA Document A232™–2019 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. ELECTRONIC COPYING portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of KeithAGREEMENT made as of the «13th » day of «December» in the year «2022» (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address, and other information) «City of Ames, Iowa »« » « 515 Clark Avenue» « Ames, IA 50010» « » and the Construction Manager: (Name, legal status, address, and other information) «Story Construction »«CO» «2810 Wakefield Circle» «Ames, IA 50010» « » for the following Project: (Name, location, and detailed description) « Fitch Family Indoor Aquatic Center» «122 North Oak Avenue» «Ames, IA 50010» The Architect: (Name, legal status, address, and other information) «RDG Planning & Design» «Inc » «301 Grand Avenue » «Des Moines, IA 50309» « » The Owner and Construction Manager agree as follows. AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 CONSTRUCTION MANAGER’S RESPONSIBILITIES 3 SCOPE OF CONSTRUCTION MANAGER’S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as “not applicable” or “unknown at time of execution.”) § 1.1.1 The Owner’s program for the Project: (Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.) «The City of Ames is planning to build a Fitch Family Indoor Aquatic Center (FFIAC) at 122 N. Oak Avenue in Ames, Iowa. The property (126,741 sf) is currently owned by the Iowa Department of Transportation (IDOT) and has two buildings on it. The buildings are currently in use, but planning is underway for the IDOT to vacate these buildings in early January 2023. The buildings will serve no use for the FFIAC and will need to be demolished. The City is in negotiation with IDOT for the purchase of this property. The location is near Ames downtown, is on a CyRide transit route, multi-modal shared use path system, and arterial street access from the east and west within central Ames. The goal is to open the IAC in 2025. The Fitch Family Indoor Aquatic Center is anticipated to be a one-story building of approximately 41,100 square feet and include the following desired features: • Three pool basins (6-lane 25-yard lap pool, zero-depth entry pool with attached current channel, and a therapy pool) • One body slide that starts inside, goes outside, and finishes inside with a run-out • One smaller inside slide for smaller youth • Locker rooms (men’s and women with individual shower stalls, family change rooms with shower, stool, and sink) • Office space (Aquatics Manager, Lifeguards, Administration Suite) • Control desk area • Two party/meeting rooms AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 3 • Walking/jogging track • Multipurpose space • Social/lobby area • Auxiliary spaces (storage, data, mechanical/equipment, custodial, etc.) • Gender neutral restrooms • Parking for approximately 140 vehicles • Storm water management under the parking lot • Landscaping The IAC will be a facility for all ages and provide multiple activities for families. A variety of activities will be programmed for the IAC and include swimming lessons, lap swimming, water walking, therapeutic activities, aqua and dry land fitness classes, open swimming, youth and adult activities, dry land walking, and more. The highlights of the facility are the indoor recreational components that are not found at traditional swim facilities that are focused on lap swimming and swim lessons. This full complement of activities and services are an expansion of opportunities compared to other facilities and are not available in central Iowa.» § 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.) «See 1.1.1 above for general description. Additionally, Owner will provide environmental reports related to the property.» § 1.1.3 The Owner’s budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) «$20,500,000.00 » § 1.1.4 The Owner’s anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: «Design Phase: December 19, 2022 – November 10, 2023 IDOT vacates existing buildings: January 2023 Construction Documents: November 2023 Bidding the Work: December 2023 City Council Approval of Bids: January 2024 » .2 Construction commencement date: «Demolition: January – March 2024 Construction: April 2024» .3 Substantial Completion date or dates: «Demolition: March 2024 Substantial Construction: September 2025 » .4 Other milestone dates: « Open Facility: Fall 2025 » § 1.1.5 The Owner intends the following procurement method for the Project: (Identify method such as competitive bid or negotiated contract.) AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 4 «Competitive Bid » § 1.1.6 The Owner’s requirements for accelerated or fast-track design and construction, multiple bid packages, or phased construction are set forth below: (Identify any requirements for fast-track scheduling or phased construction and, if applicable, list number and type of bid/procurement packages.) «« Multiple bid packages and Contracts, as set forth by Construction Manager, Phased - demolition, site work, and building construction» § 1.1.7 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for the Project, if any.) «Design with sustainable measures to include future solar panels and evaluation of geothermal» § 1.1.7.1 If the Owner identifies a Sustainable Objective, the Owner and Construction Manager shall complete and incorporate AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E235–2019 is incorporated into this Agreement, the Owner and Construction Manager shall incorporate the completed E235–2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.8 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere.) « » § 1.1.9 The Owner identifies the following representative in accordance with Section 5.5: (List name, address, and other contact information.) « Keith Abraham» «Director of Parks and Recreation Department» «City of Ames, Iowa» « 1500 Gateway Hills Park Drive» « Ames, IA 50010» « » « » § 1.1.10 The persons or entities, in addition to the Owner’s representative, who are required to review the Construction Manager’s submittals to the Owner are as follows: (List name, address, and other contact information.) «Brad Rodenburg, AIA, LEED, Well AP «Architect: RDG Planning & Design» «Inc », «301 Grand Avenue » «Des Moines, IA 50309 » § 1.1.11 The Owner shall retain the following consultants and Contractors: (List name, legal status, address, and other contact information.) .1 Land Surveyor: «TBD »« » « » « » « » « » .2 Geotechnical Engineer and Environmental Engineer: AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 5 «Impact G7 »«Inc » «Matt Deutsch or Megan Down » «8951 Windsor Parkway » «Johnston, IA 50131 » « » .3 Civil Engineer: «To be provided by the Architect »« » « » « » « » « » .4 Contractors, as defined in Section 1.4: « » .5 Separate Contractors, as defined in Section 1.4: « » .6 Other, if any: (List any other consultants retained by the Owner.) « » § 1.1.12 The Construction Manager identifies the following representative in accordance with Section 2.5: (List name, address, and other contact information.) « »TBD « » « » « » « » « » § 1.1.13 The Construction Manager’s staffing plan as required under Section 3.3.3 shall include: (List any specific requirements and personnel to be included in the staffing plan, if known.) « »TBD § 1.1.14 The Construction Manager’s consultants retained under Basic Services, if any: (List name, legal status, address, and other contact information of any consultants.) « » None at this time § 1.1.15 The Construction Manager’s consultants retained under Supplemental Services: « » None at this time § 1.1.16 Other Initial Information on which this Agreement is based: « » None § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Construction Manager shall AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 6 appropriately adjust the Construction Manager’s services, schedule for the Construction Manager’s services, and the Construction Manager’s compensation. The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. For the purpose of this document, material change. shall mean a change in the scope or nature of the Project as set forth in section 1.1.1 of this agreement that is expected to result in (i) cost increases that exceed the Owner’s budget in section 1.1.3 or (ii) have an expected cost of $1,000,000 or more or (iii) extent the anticipated substantial completion in section 1.1.4.3. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. § 1.4 The term “Contractors” refers to persons or entities who perform Work under contracts with the Owner that are administered by the Construction Manager and Architect. The term “Contractors” is used to refer to such persons or entities, whether singular or plural. The term does not include the Owner’s own forces, or Separate Contractors, which are persons or entities who perform construction under separate contracts with the Owner not administered by the Construction Manager and Architect. ARTICLE 2 CONSTRUCTION MANAGER’S RESPONSIBILITIES § 2.1 The Construction Manager shall provide the services as set forth in this Agreement. § 2.2 The Construction Manager shall perform its services consistent with the skill and care ordinarily provided by construction managers practicing in the same or similar locality under the same or similar circumstances. The Construction Manager shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress of the Project. § 2.3 The Construction Manager shall provide its services in conjunction with the services of an Architect as described in AIA Document B132™–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Construction Manager shall not be responsible for actions taken by the Architect. § 2.4 The Construction Manager shall coordinate its services with those services provided by the Owner, the Architect, the Contractors, and the Owner’s other consultants and Separate Contractors. The Construction Manager shall be entitled to rely on, and shall not be responsible for, the accuracy and completeness of services and information furnished by the Owner, the Architect, and the Owner’s other consultants and Separate Contractors. The Construction Manager shall provide prompt written notice to the Owner if the Construction Manager becomes aware of any error, omission, or inconsistency in such services or information. § 2.5 The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.6 The Construction Manager, as soon as practicable after execution of the Agreement, shall notify the Owner in writing of the names and qualifications of its proposed key staff members. Within 14 days of receipt of the names and qualifications of the Construction Manager’s proposed key staff members, the Owner may reply to the Construction Manager in writing, stating (1) whether the Owner has reasonable objection to a proposed key staff member or (2) that the Owner requires additional time to review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. The Construction Manager shall not staff any employees on the Project to whom the Owner has made reasonable and timely objection. The Construction Manager shall not change its key staff members without the Owner’s consent, which shall not be unreasonably withheld or delayed. AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 7 § 2.7 Except with the Owner’s knowledge and consent, the Construction Manager shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Construction Manager’s judgment with respect to this Project. § 2.8 The Construction Manager shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Construction Manager normally maintains, the Owner shall pay the Construction Manager as set forth in section 11.7. § 2.8.1 Commercial General Liability with policy limits of not less than «two million dollars » ($ «2,000,000.00 » ) for each occurrence and «five million dollars » ($ «5,000,000.00 » ) in the aggregate for bodily injury and property damage. § 2.8.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Construction Manager with policy limits of not less than «two million dollars » ($ « 2,000,000.00 » ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.8.3 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.8.1 and 2.8.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.8.4 Workers’ Compensation and Employers Liability at statutory limits as required by the laws of the State of Iowa. § 2.8.5 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than «two million dollars » ($ «2,000,000.00 » ) per claim and «five million dollars » ($ «5,000,000.00 » ) in the aggregate. § 2.8.6 Additional Insured Obligations. To the fullest extent permitted by law, the Construction Manager shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Construction Manager’s negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies and shall apply to both ongoing and completed operations. § 2.8.7 The Construction Manager shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.8. § 2.9 The Construction Manager shall assist the Owner, Architect, and other Project participants in establishing building information modeling and digital data protocols for the Project, to establish the protocols for the development, use, transmission, and exchange of digital data. § 2.10 A centralized electronic document management system will be used on the Project, and the Construction Manager shall be designated the Responsible Project Participant, responsible for managing and maintaining the centralized electronic document management system. « » § 2.11 The Construction Manager shall retain all Project related documents and information it receives, and the Owner and Architect shall have access to the documents and information. The Construction Manager shall transmit the documents in mutually acceptable formats a to the Owner, Construction Manager, and Architect and information to the Owner at final completion. AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 8 ARTICLE 3 SCOPE OF CONSTRUCTION MANAGER’S BASIC SERVICES § 3.1 Definition The Construction Manager’s Basic Services consist of those described in this Article 3, and include usual and customary Preconstruction and Construction Phase Services. Services not set forth in this Article 3 are Supplemental or Additional Services. The Owner, Construction Manager, and Contractors may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. § 3.2 Preconstruction Phase § 3.2.1 The Construction Manager shall review the program furnished by the Owner and any evaluation of the Owner’s program provided by the Architect, to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner and Architect. § 3.2.2 The Construction Manager shall provide a preliminary evaluation of the Owner’s program, schedule and construction budget requirements, each in terms of the other. § 3.2.3 The Construction Manager shall prepare, and deliver to the Owner, for the Owner’s approval, a written Construction Management Plan that includes, at a minimum, the following: (1) preliminary evaluations required in Section 3.2.2, (2) a Project schedule, (3) cost estimates, (4) recommendations for Project delivery method, and (5) Contractors’ scopes of Work. The Construction Manager shall periodically update the Construction Management Plan, for the Owner’s approval, over the course of the Project. § 3.2.4 The Construction Manager shall prepare and periodically update the Project schedule included in the Construction Management Plan for the Architect’s review and the Owner’s acceptance. The Construction Manager shall obtain the Architect’s approval for the portion of the Project schedule relating to the performance of the Architect’s services. The Project schedule shall coordinate and integrate the Construction Manager’s services, the Architect’s services, other Owner consultants’ services, and the Owner’s responsibilities and highlight items that affect the Project’s timely completion. § 3.2.5 The Construction Manager shall update the Project schedule to include the components of the Work, including phasing of construction, times of commencement and completion required of each Contractor, ordering and delivery of products, including those that must be ordered in advance of construction, obtaining the required reviews and approvals of authorities having jurisdiction over the Project, and the occupancy requirements of the Owner. § 3.2.6 Based on the preliminary design and information prepared or provided by the Architect and other Owner consultants, the Construction Manager shall review the Architect’s preliminary estimates of the Cost of the Work and provide input for Owner’s approval, preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques, including the establishment of sufficient contingency to reasonably anticipate the development of the Project’s design documents. § 3.2.7 The Construction Manager shall review design documents during their development and advise the Owner and Architect on proposed site use and improvements, selection of materials, building systems, and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect, consistent with the Project requirements, on constructability; availability of materials and labor; sequencing for phased construction; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions. § 3.2.8 The Construction Manager shall review recommendations for systems, materials, or equipment for the impact upon cost, schedule, sequencing, constructability, and coordination among the Contractors. The Construction Manager shall discuss its findings with the Owner and the Architect, and coordinate resolution, as necessary, of any such impacts. § 3.2.9 As the Architect progresses with the preparation of the Schematic Design, the Construction Manager shall prepare a Schematic Design estimate of the Cost of the Work, reconcile difference with Architect’s estimate, and provide input for Owner’s approval. AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 9 For Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, an estimate of the Cost of the Work with increasing detail and refinement. The Construction Manager shall include in the estimate those costs to allow for further development of the design, bidding or negotiating, price escalation, and market conditions. The estimate shall be provided for the Architect’s review and comparative analysis with the Architects prepared Cost of the Work estimates and the Owner’s approval. The Construction Manager shall inform the Owner and Architect in the event that the estimate of Cost of the Work exceeds the latest approved Project budget and make recommendations for corrective action, collaborate with the Architect to bring the project down to the sum listed in 1.1.3 above, and present to the Owner options for the Owner to review and select from. In the further development of the Drawings and Specifications during this phase the Architect make any the necessary changes. During subsequent phases of design, the Architect and Construction Manager are to provide estimates of the Cost of Work per the chart below: Phase of Design Responsible for Estimate of the Cost of Work Schematic Design Construction Manager and RDG Design Development Construction Manager and RDG Construction Documents (80%) Construction Manager and RDG § 3.2.10 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall consult with the Owner and Architect and make recommendations whenever the Construction Manager determines that the design, or details, adversely affect cost, scope, schedule, constructability, or quality of the Project. § 3.2.11 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding the assignment of responsibilities for temporary Project facilities and equipment, materials, and services for common use of the Contractors. The Construction Manager shall verify that such requirements and assignment of responsibilities are included in the proposed Contract Documents. § 3.2.12 The Construction Manager shall provide recommendations and information to the Owner regarding the allocation of responsibilities for safety programs among the Contractors. § 3.2.13 The Construction Manager shall provide recommendations to the Owner on the division of the Project into individual contracts for the construction of various categories of Work, including the method to be used for selecting Contractors and awarding Contracts for Construction. The Construction Manager shall review the Drawings and Specifications and make recommendations as required to provide that (1) the Work of the Contractors is coordinated, (2) all requirements for the Project are assigned to the appropriate Contract, (3) the likelihood of jurisdictional disputes is minimized, and (4) proper coordination is provided for phased construction. § 3.2.14 The Construction Manager shall make recommendations about, and coordinate the ordering and delivery of, materials in support of the schedule, including those that must be ordered in advance of construction. § 3.2.15 The Construction Manager shall assist the Owner in coordinating the professional services of surveyors, geotechnical engineers, special consultants, and construction materials testing required for the Project. § 3.2.16 The Construction Manager shall provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. The Construction Manager shall make recommendations for actions designed to minimize adverse effects of labor shortages. § 3.2.17 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements for equal employment opportunity programs, and other programs as may be required by governmental and quasi- governmental authorities for inclusion in the Contract Documents. § 3.2.18 Following the Owner’s approval of the Drawings and Specifications, the Construction Manager shall update and submit the latest estimate of the Cost of the Work and the Project schedule for the Architect’s review and the Owner’s approval. In the event the estimate exceeds the amount listed in 1.1.3 above, the Construction Manager and AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 10 Architect shall collaborate to determine required changes to the project and present, to the Owner for their review and direction. § 3.2.19 The Construction Manager, in consultation with the Owner, shall develop bidders’ interest in the Project and establish bidding schedules. The Construction Manager shall assist the Owner and the Architect with the development of the Bidding Documents, which consist of bidding requirements and proposed Contract Documents. The Owner, with the assistance of the Construction Manager and Architect, shall issue Bidding Documents to bidders and assist in conducting pre-bid conferences with prospective bidders. The Construction Manager shall provide the current Project schedule with each set of Bidding Documents. The Construction Manager shall assist the Architect and Owner with regard to questions from bidders and the Owner with the issuance of addenda. § 3.2.20 The Construction Manager shall submit a list of prospective bidders for the Architect’s review and the Owner’s approval. § 3.2.21 The Construction Manager, with the assistance of the Architect, shall review bids, and prepare bid analyses, and make recommendations to the Owner for the Owner’s award of Contracts for Construction or rejection of bids. § 3.2.22 The Construction Manager, with the assistance of the Architect, shall assist the Owner in preparing Contracts for Construction. The Construction Manager shall advise the Owner on the acceptability of Subcontractors and material suppliers proposed by Contractors. § 3.2.23 The Construction Manager shall assist the Owner in obtaining building permits and special permits for permanent improvements, except for permits required to be obtained directly by the Contractors. The Construction Manager shall verify that the Owner has paid applicable fees and assessments. The Construction Manager shall assist the Owner and Architect in connection with the Owner’s responsibility for filing documents required for the approvals of governmental authorities having jurisdiction over the Project. § 3.2.24 Construction Manager shall assist the Owner with insurance requirements, including but not limited to, Builders Risk and obtain insurance certificates for the specified work. § 3.3 Construction Phase § 3.3.1 The Construction Manager shall provide on-site administration of the Contracts for Construction in cooperation with the Architect as set forth below and in AIA Document A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition as amended and as attached. § 3.3.2 Subject to Section 4.2 and except as provided in Section 3.3.30, the Construction Manager’s responsibility to provide Construction Phase Services commences with the award of the initial Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.3.3 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be in attendance at the Project site whenever the Work is being performed. § 3.3.4 The Construction Manager shall provide administrative, management and related services to coordinate scheduled activities and responsibilities of the Contractors with each other and with those of the Construction Manager, the Owner and the Architect. The Construction Manager shall coordinate the activities of the Contractors in accordance with the latest approved Project schedule and the Contract Documents. § 3.3.5 The Construction Manager shall review and analyze the construction schedules provided by the Contractors to update the Project schedule, incorporating the activities of the Owner, Architect, and Contractors on the Project, including activity sequences and durations, allocation of labor and materials, processing of Shop Drawings, Product Data and Samples, and delivery and procurement of products, including those that must be ordered in advance of construction. The Project schedule shall include the Owner’s occupancy requirements showing portions of the Project having occupancy priority. The Construction Manager shall update and reissue the Project schedule as required to show current conditions, monthly prior to Contractor’s pay application. If an update indicates that the previously approved Project schedule may not be met, the Construction Manager shall recommend corrective action to the Owner and Architect. AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 11 § 3.3.6 The Construction Manager shall schedule and conduct meetings to discuss matters such as procedures, progress, coordination, and scheduling of the Work, and to develop solutions to issues identified. The Construction Manager shall prepare and distribute minutes within 3 business days after each meeting is concluded to the Owner, Architect and Contractors. § 3.3.7 In accordance with the Contract Documents and the latest approved Project schedule, and utilizing information from the Contractors, the Construction Manager shall review, analyze, schedule and coordinate the overall sequence of construction and assignment of space in areas where the Contractors are performing Work. § 3.3.8 The Construction Manager shall coordinate all tests and inspections required by the Contract Documents or governmental authorities, observe the on-site testing and inspections, and arrange for the delivery of test and inspection reports to the Owner and Architect. § 3.3.9 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled. § 3.3.10 The Construction Manager shall monitor and evaluate actual costs for activities in progress and estimates for uncompleted tasks and advise the Owner and Architect as to variances between actual costs and budgeted costs. § 3.3.11 The Construction Manager shall develop cash flow reports and forecasts for the Project and include them in the Construction Manager’s progress reports. § 3.3.12 The Construction Manager shall maintain accounting records on authorized Work performed under unit costs, additional Work performed on the basis of actual costs of labor and materials, and other Work requiring accounting records. § 3.3.12.1 The Construction Manager shall develop and implement procedures for the review and processing of Applications for Payment by Contractors for progress and final payments. § 3.3.12.2 Not more frequently than monthly, the Construction Manager shall review and certify the amounts due the respective Contractors as follows: .1 Where there is only one Contractor responsible for performing the Work, the Construction Manager shall, within seven days after the Construction Manager receives the Contractor’s Application for Payment, review the Application, certify the amount the Construction Manager determines is due the Contractor including required retainage withheld per Iowa Code, and forward the Contractor’s Application and Certificate for Payment to the Architect for recommendation of payment. .2 Where there is more than one Contractor responsible for performing different portions of the Project, the Construction Manager shall, within seven days after the Construction Manager receives each Contractor’s Application for Payment: (1) review the Applications and certify the amount the Construction Manager determines is due each Contractor including required retainage withheld per Iowa Code; (2) prepare a Summary of Contractors’ Applications for Payment by summarizing information from each Contractor’s Application for Payment; (3) prepare a Project Application and Certificate for Payment; (4) certify the total amount the Construction Manager determines is due all Contractors collectively; and (5) forward the Summary of Contractors’ Applications for Payment and Project Application and Certificate for Payment to the Architect for recommendation of payment. § 3.3.12.3 The Construction Manager’s certification for payment shall constitute a representation to the Owner, based on the Construction Manager’s evaluations of the Work and on the data comprising the Contractors’ Applications for Payment, that, to the best of the Construction Manager’s knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractors are entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion; (2) results of subsequent tests and inspections; (3) correction of minor deviations from the Contract Documents prior to completion; and (4) specific qualifications expressed by the Construction Manager. The issuance of a Certificate for Payment shall further constitute a recommendation to the Architect and Owner that the Contractor be paid the amount certified. AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 12 § 3.3.12.4 The certification of an Application for Payment or a Project Application for Payment by the Construction Manager shall not be a representation that the Construction Manager has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, procedures, or sequences for a Contractor’s own Work; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate each Contractor’s right to payment; or (4) ascertained how or for what purpose that Contractor has used money previously paid on account of the Contract Sum. § 3.3.13 The Construction Manager shall obtain and review the safety programs developed by each Contractor solely and exclusively for purposes of coordinating the safety programs with those of the other Contractors and for making recommendations for any additional safety measures to be considered in the Work of the Contractors. The Construction Manager’s responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractors, Subcontractors, agents or employees of the Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 3.3.14 The Construction Manager shall determine in general that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner, Contractor and Architect of defects and deficiencies in the Work. The Construction Manager shall have the authority to reject Work that does not conform to the Contract Documents and shall notify the Architect about the rejection. The failure of the Construction Manager to reject Work shall not constitute acceptance of the Work. The Construction Manager shall record any rejection of Work in its daily log and include information regarding the rejected Work in its progress reports to the Architect and Owner pursuant to Section 3.3.22.1. Upon written authorization from the Owner, the Construction Manager may require and make arrangements for additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed, and the Construction Manager shall give timely notice to the Architect of when and where the tests and inspections are to be made so that the Architect may be present for such procedures. § 3.3.15 The Construction Manager shall advise and consult with the Owner and Architect during the performance of its Construction Phase Services. The Construction Manager shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Construction Manager shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of each of the Contractors, since these are solely the Contractor’s rights and responsibilities under the Contract Documents. The Construction Manager shall not be responsible for a Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall be responsible for the Construction Manager’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractors, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 3.3.16 The Construction Manager shall transmit to the Architect requests for interpretations, and requests for information of the meaning and intent of the Drawings and Specifications and provide its written recommendation. The Construction Manager shall assist in the resolution of questions that may arise. § 3.3.17 The Construction Manager shall review requests for changes, assist in reviewing Contractors’ proposals, submit recommendations to the Architect and Owner, and, if the proposed changes are accepted or required by the Owner, prepare Change Orders or Construction Change Directives that incorporate the Architect’s modifications to the Contract Documents. § 3.3.18 The Construction Manager shall assist the Initial Decision Maker in the review, evaluation and documentation of Claims, subject to Section 4.2.2.7. § 3.3.19 Utilizing the submittal schedules provided by each Contractor, the Construction Manager shall prepare, and revise as necessary, a Project submittal schedule incorporating information from the Owner, Owner’s consultants, Owner’s Separate Contractors and vendors, governmental agencies, and participants in the Project under the management of the Construction Manager. The Project submittal schedule and any revisions shall be submitted to the Architect for approval. AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 13 § 3.3.20 The Construction Manager shall promptly review all Shop Drawings, Product Data, Samples, and other submittals from the Contractors for compliance with the submittal requirements of the Contract, coordinate submittals with information contained in related documents, and transmit to the Architect those that the Construction Manager recommends for approval. The Construction Manager’s actions shall be taken in accordance with the Project submittal schedule approved by the Architect, or in the absence of an approved Project submittal schedule, with such reasonable promptness as to cause no delay in the Work or in the activities of the Contractors, the Owner, or the Architect. § 3.3.20.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractors by the Contract Documents, the Construction Manager shall review those submittals for sequencing, constructability, and coordination impacts on the other Contractors. The Construction Manager shall discuss its findings with the Owner and the Architect, and coordinate resolution, as necessary, of any such impacts. § 3.3.21 The Construction Manager shall keep a daily log containing a record of weather, each Contractor’s Work on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similar relevant data as the Owner may require. § 3.3.21.1 The Construction Manager shall collect, review for accuracy, and compile the Contractors’ daily logs; and include them in the Construction Manager’s reports prepared and submitted in accordance with section 3.3.21.2. § 3.3.21.2 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information identified below: .1 Work completed for the period; .2 Project schedule status; .3 Submittal schedule and status report, including a summary of remaining and outstanding submittals; .4 Request for information, Change Order, and Construction Change Directive status reports; .5 Tests and inspection reports; .6 Status report of nonconforming and rejected Work; .7 Daily logs; .8 Summary of all Contractors’ Applications for Payment; .9 Cumulative total of the Cost of the Work to date including the Construction Manager’s compensation and reimbursable expenses at the job site, if any; .10 Cash-flow and forecast reports; .11 Photographs to document the progress of the Project; .12 Status reports on permits and approvals of authorities having jurisdiction; and .13 Any other items the Owner may require: « » § 3.3.21.3 In addition, for Projects constructed on the basis of the Cost of the Work, the Construction Manager shall include the following additional information in its progress reports: .1 Contractors’ work force reports; .2 Equipment utilization report; .3 Cost summary, comparing actual costs to updated cost estimates; and .4 Any other items as the Owner may require: « » § 3.3.22 Utilizing the documents provided by the Contractors, the Construction Manager shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form and/or paper copy, available to the Owner, Architect, and Contractors. Upon completion of the Project, the Construction Manager shall deliver them to the Owner. AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 14 § 3.3.23 The Construction Manager shall arrange for the delivery, storage, protection and security of Owner- purchased materials, systems and equipment that are a part of the Project until such items are incorporated into the Work. § 3.3.24 With the Owner’s maintenance personnel, the Construction Manager shall observe the Contractors’ final testing and start-up of utilities, operational systems and equipment and observe any commissioning as the Contract Documents may require. § 3.3.25 When the Construction Manager considers each Contractor’s Work or a designated portion thereof substantially complete, the Construction Manager shall, jointly with that Contractor, prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially complete. § 3.3.26 When the Work of all of the Contractors, or designated portion thereof, is substantially complete, the Construction Manager shall prepare, and the Construction Manager and Architect shall execute, a Certificate of Substantial Completion. The Construction Manager shall submit the executed Certificate to the Owner and Contractors. The Construction Manager shall coordinate the correction and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall perform an inspection to confirm the completion of the Work of the Contractors and make recommendations to the Architect when the Work of all of the Contractors is ready for final inspection. The Construction Manager shall assist the Architect in conducting the final inspection. § 3.3.27 The Construction Manager shall forward to the Owner, with a copy to the Architect, the following information received from the Contractors: (1) certificates of insurance ; (2) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (3) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (4) any other documentation required of the Contractors under the Contract Documents, including warranties and similar submittals. § 3.3.28 The Construction Manager shall coordinate receipt, and delivery to the Owner, of other items provided by the Contractors, such as keys, manuals, and record drawings. The Construction Manager shall forward to the Architect a final Project Application for Payment and Project Certificate for Payment, or a final Application for Payment and final Certificate for Payment, upon the Contractors’ compliance with the requirements of the Contract Documents. § 3.3.29 Duties, responsibilities and limitations of authority of the Construction Manager as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Construction Manager, Architect, and Contractors. Consent shall not be unreasonably withheld. § 3.3.30 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Construction Manager shall, without additional compensation, conduct a meeting with the Owner and Architect to review the facility operations and performance. This includes assisting the Owner resolve warranty claims with Contractor and correct non-conforming work by the Contractor. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Construction Manager shall provide the listed Supplemental Services only if specifically designated in the table below as the Construction Manager’s responsibility, and the Owner shall compensate the Construction Manager as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Construction Manager is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Construction Manager’s Supplemental Services and the Owner’s Supplemental Services required for the Project by indicating whether the Construction Manager or Owner shall be responsible for providing the identified Supplemental Service. Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 15 Supplemental Services Responsibility (Construction Manager, Owner or § 4.1.1.1 Measured drawings § 4.1.1.2 Tenant-related services Not Provided § 4.1.1.3 Commissioning Owner § 4.1.1.4 Development of a commissioning plan Owner § 4.1.1.5 Sustainable Project Services pursuant to Section 4.1.3 Not Provided § 4.1.1.6 Furniture, furnishings and equipment delivery, and installation coordination Construction Manager – part of basic Scope of Services § 4.1.1.7 Furniture, furnishings and equipment procurement assistance Owner § 4.1.1.8 Assistance with site selection Not Provided § 4.1.1.9 Assistance with selection of the Architect Not Provided § 4.1.1.10 Furnish land survey Owner § 4.1.1.11 Furnish geotechnical engineering services Owner § 4.1.1.12 Provide insurance advice Owner § 4.1.1.13 Provide supplemental Project risk analysis and mitigation strategies Not Provided § 4.1.1.14 and Neighborhood relationships management is part of basic Scope of § 4.1.1.15 § 4.1.1.16 Scope of Services including for § 4.1.1.17 § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Construction Manager’s responsibility is provided below. (Describe in detail the Construction Manager’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) «Not provided» § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner’s responsibility is provided below. (Describe in detail the Owner’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) «None» § 4.2 Construction Manager’s Additional Services § 4.2.1 The Construction Manager may provide Additional Services after execution of this Agreement with approval from the Owner, without invalidating this Agreement. Except for services required due to the fault of the Construction Manager, any Additional Services provided in accordance with this Section 4.2 shall entitle the Construction Manager to compensation pursuant to Section 11.3. § 4.2.2 Upon recognizing the need to perform the following Additional Services, the Construction Manager shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Construction Manager shall not proceed to provide the following Additional Services until the Construction Manager receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner’s AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 16 schedule or budget for Cost of the Work, or procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6. Services necessitated by sections 6.4 and 6.6 shall not be considered additional services; .2 Services necessitated by the enactment or revision of codes, laws, regulations or official interpretations after the date of the Bidding Documents. .3 Services necessitated by the enactment or revision of codes, laws, regulations or official interpretations after the date of this Agreement; .4 Basic services include preparation of two add alternates with one being the Multipurpose Rooms/Walking Path. Any significant add alternates requested by the Owner in excess of two will require Additional Services; .5 Preparation for, and attendance at, a public presentation, meeting or hearing; .6 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Construction Manager is party thereto; .7 Consultation concerning replacement of Work resulting from fire or other cause during construction and furnishing services required in connection with the replacement of such Work. .8 Assistance to the Initial Decision Maker § 4.2.3 To avoid delay in the Construction Phase, the Construction Manager shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Construction Manager’s notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Construction Manager of the Owner’s determination. The Owner shall compensate the Construction Manager for the services provided prior to the Construction Manager’s receipt of the Owner’s notice: .1 Providing assistance to the Initial Decision Maker in evaluating an extensive number of Claims submitted by a Contractor or others in connection with the Work. .2 Services required in an emergency to coordinate the activities of a Contractor or Contractors in the event of risk of personal injury or serious property damage, consistent with Section 3.3.15. § 4.2.4 Except for services required under Section 3.3.30, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work, or (2) the anticipated date of Substantial Completion identified in the Initial Information, whichever is earlier, shall be compensated as Additional Services to the extent the Construction Manager incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within «Forty-two » ( «42» ) months of the date of this Agreement, through no fault of the Construction Manager, extension of the Construction Manager’s services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner’s objectives; schedule; constraints and criteria; special equipment; systems; and site requirements. § 5.2 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner’s budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project’s scope and quality. § 5.3 The Owner acknowledges that phased design and construction provides a benefit, but also carries with it the risk of additional costs. If the Owner selects phased scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B132–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Owner shall provide the Construction Manager with a copy of the scope of services in the agreement executed between the Owner and Architect, and any further modifications to the Architect’s scope of services in the agreement. AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 17 § 5.5 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions pertaining to documents the Construction Manager submits in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager’s services. Construction Manager will plan for sufficient amount of time needed to seek City Council approvals when required. § 5.6 Unless provided by the Construction Manager, the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.7 Unless provided by the Construction Manager, the Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.8 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1. § 5.9 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, attached to this Agreement. § 5.10 The Owner shall coordinate the services of its own consultants with those services provided by the Construction Manager. Upon the Construction Manager’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Construction Manager in this Agreement, or authorize the Construction Manager to furnish them as an Additional Service, when the Construction Manager requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.11 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.12 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 5.13 The Owner shall provide prompt written notice to the Construction Manager and Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service or any fault or defect in the Construction Manager’s services. § 5.14 The Owner reserves the right to perform construction and operations related to the Project with the Owner’s own forces, and to award contracts in connection with the Project which are not part of the Construction Manager’s responsibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent action will interfere with the Construction Manager’s ability to perform the Construction Manager’s responsibilities under this Agreement. When performing construction or operations related to the Project, the Owner agrees to be subject to the same obligations and to have the same rights as the Contractors. § 5.15 The Owner shall communicate with the Contractors and the Construction Manager’s consultants through the Construction Manager about matters arising out of or relating to the Contract Documents. The Owner and Construction Manager shall include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 18 § 5.16 Before executing the Contracts for Construction, the Owner shall coordinate the Construction Manager’s duties and responsibilities set forth in the Contracts for Construction with the Construction Manager’s services set forth in this Agreement. The Owner shall provide the Construction Manager a copy of the executed agreements between the Owner and Contractors, including the General Conditions of the Contracts for Construction. § 5.17 The Owner shall provide the Construction Manager access to the Project site prior to commencement of the Work and shall obligate the Contractors to provide the Construction Manager access to the Work wherever it is in preparation or progress. § 5.18 Within 15 days after receipt of a written request from the Construction Manager, the Owner shall furnish the requested information as necessary and relevant for the Construction Manager to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors’ general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any/or other costs that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information and may be adjusted throughout the Project as required under Sections 5.2 and 6.4. Evaluations of the Owner’s budget for the Cost of the Work, and the estimates of the Cost of the Work prepared by the Construction Manager, represent the Construction Manager’s judgment as a person or entity familiar with the construction industry. It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials; or equipment; the Contractors’ methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Construction Manager. § 6.3 The Architect is providing cost estimating services as listed within their Agreement with the Owner, and should a discrepancy exist between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimates. § 6.4 If the Construction Manager’s periodic estimates of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments. § 6.5 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .4 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to revise the Project program, scope, or quality to reduce the Cost of the Work pursuant to Section 6.5.3, or if the bids or proposals received from the prospective Contractors, in the aggregate, exceed the Owner’s budget for the Cost of the Work, and the Owner chooses to revise the Project program, scope, or quality to reduce the Cost of the Work , the Construction Manager shall cooperate with the Owner and Architect to develop the necessary revisions, update the cost estimate, and obtain additional bids. The Construction Manager will perform the services described in Sections 6.4 and 6.6 without additional compensation. AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 19 ARTICLE 7 COPYRIGHTS AND LICENSES The Construction Manager and the Construction Manager’s consultants, if any, shall not own or claim a copyright in the Instruments of Service. The Construction Manager, the Construction Manager’s consultants, if any, and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Construction Manager shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 8 years after the date of Substantial Completion of the Work. The Owner and Construction Manager waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Construction Manager waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232–2019, General Conditions of the Contract for Construction. The Owner or the Construction Manager, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Construction Manager shall indemnify and hold the Owner and the Owner’s officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Construction Manager, its employees and its consultants in the performance of professional services under this Agreement. The Construction Manager’s obligation to indemnify and hold the Owner and the Owner’s officers and employees harmless does not include a duty to defend. The Construction Manager’s duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the insurance coverage required by this Agreement. § 8.1.4 The Construction Manager and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. § 8.2.2 The Owner and Construction Manager shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, if the parties mutually agree, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 8.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 20 [ « » ] Arbitration pursuant to Section 8.3 of this Agreement [ «X » ] Litigation in a court of competent jurisdiction (Story County) [ « » ] Other: (Specify) § 8.3 Arbitration § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 Consolidation or Joinder § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Construction Manager grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Construction Manager under this Agreement. § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Construction Manager in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Construction Manager’s option, cause for suspension of performance of services under this Agreement. If the Construction Manager elects to suspend services, the Construction Manager shall give 15 days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Construction Manager shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Construction Manager all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Construction Manager’s services. The Construction Manager’s fees for the remaining services and the time schedules shall be mutually agreed upon by both parties. AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 21 § 9.2 If the Owner suspends the Project, the Construction Manager shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Construction Manager shall be compensated for expenses incurred in the interruption and resumption of the Construction Manager’s services. When the Project is resumed, the Construction Manager’s compensation and schedule may be equitably adjusted, as mutually agreed, to provide for expenses incurred in the resumption of the Construction Manager’s services. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Construction Manager, the Construction Manager may terminate this Agreement by giving not less than 15 days’ written notice. § 9.4 Either party may terminate this Agreement upon not less than 15 days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than 15 days’ written notice to the Construction Manager for the Owner’s convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Construction Manager terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Construction Manager for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Construction Manager’s termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Construction Manager terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Construction Manager the following termination fee: (Set forth below the amount of any termination fee, or the method for determining any termination fee.) «$0.00 » § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. § 9.9 If the purchase of the DOT property is unsuccessful, this contract will be terminated and Owner will compensate the Construction Manager only for services provided up to that point. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232–2019, General Conditions of the Contract for Construction, except for purposes of this Agreement, the term “Work” shall include the work of all Contractors under the administration of the Construction Manager and the Architect. § 10.3 The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement, including any payments due to the Construction Manager by the Owner prior to the assignment. § 10.4 If the Owner requests the Construction Manager to execute certificates, the proposed language of such certificates shall be submitted to the Construction Manager for review at least 14 days prior to the requested dates of execution. If the Owner requests the Construction Manager to execute consents reasonably required to facilitate assignment to a lender, the Construction Manager shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Construction Manager for review at least 14 days prior to execution. The Construction Manager shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 22 § 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Construction Manager. § 10.6 Unless otherwise required in this Agreement, the Construction Manager shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 Subject to Owner’s permission the Construction Manager shall include photographic or artistic representations of the design of the Project among the Construction Manager’s promotional and professional materials. Subject to Owner’s permission the Construction Manager shall provide professional credit for the Architect and the Contractors in the Construction Manager’s promotional materials for the Project. The Construction Manager shall be given reasonable access to the completed Project to make such representations. However, the Construction Manager’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Construction Manager in writing of the specific information considered by the Owner to be confidential or proprietary. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Construction Manager or Owner receives information specifically designated as “confidential” or “business proprietary,” the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 15 days’ notice to the other party, when required by law, arbitrator’s order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Construction Manager’s Basic Services described under Article 3, the Owner shall compensate the Construction Manager as follows: § 11.1.1 For Preconstruction Phase Services in Section 3.2: (Insert amount of, or basis for, compensation, including stipulated sums, multiples or percentages.) «$135,327.00 » § 11.1.2 For Construction Phase Services in Section 3.3: (Insert amount of, or basis for, compensation, including stipulated sums, multiples or percentages.) «$430,500.00 Construction Management Fee (2.1%) $ 765,022.00 Staffing Fees $61,380.00 Reimbursables Not to Exceed for items indicated on Story Construction’s Proposal » § 11.2 For the Construction Manager’s Supplemental Services designated in Section 4.1.1, and the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 23 « » § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation.) « » § 11.4 Compensation for Supplemental and Additional Services of the Construction Manager’s consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Construction Manager plus « » percent ( « » %), or as follows: (Insert amount of, or basis for computing, Construction Manager’s consultants’ compensation for Supplemental or Additional Services.) « » § 11.5 The hourly billing rates for services of the Construction Manager and the Construction Manager’s consultants are set forth below. The rates shall be adjusted in accordance with the Construction Manager’s and Construction Manager’s consultants’ normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) «Exhibit E » Employee or Category Rate ($0.00) § 11.6 Compensation for Reimbursable Expenses § 11.6.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Construction Manager and the Construction Manager’s consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Professional photography, and presentation materials requested by the Owner; .8 If required by the Owner, and with the Owner’s prior written approval, the Construction Manager’s consultants’ expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Construction Manager’s consultants;.9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project-related expenditures. .12 Appropriate documentation shall be provided for reimburse expense § 11.6.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Construction Manager and the Construction Manager’s consultants plus «zero» percent ( «0» %) of the expenses incurred and appropriate documentation to be provided with invoice. § 11.7 Construction Manager’s Insurance. If the types and limits of coverage required in Section 2.8 are in addition to the types and limits the Construction Manager normally maintains, the Owner shall pay the Construction Manager for the additional costs incurred by the Construction Manager for the additional coverages as set forth below: (Insert the additional coverages the Construction Manager is required to obtain in order to satisfy the requirements set forth in Section 2.8, and for which the Owner shall reimburse the Construction Manager.) AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 24 § 11.8 Payments to the Construction Manager § 11.8.1 Initial Payment § 11.8.1.1 An initial payment of «zero » ($ «0.00 » ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. § 11.8.2 Progress Payments § 11.8.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Construction Manager’s invoice. Amounts unpaid «sixty» ( «60» ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon.) «Per Chapter 535.2 of the Iowa Code» % « » § 11.8.2.2 The Owner shall not withhold amounts from the Construction Manager’s compensation to impose a penalty or liquidated damages on the Construction Manager, or to offset sums requested by or paid to Contractors for the cost of changes in the Work, unless the Construction Manager agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.8.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) « » ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Construction Manager. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document C132™–2019, Standard Form Agreement Between Owner and Construction Manager as Adviser, as modified by City. .2 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this Agreement.) «December 13, 2022» .3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) [ « » ] AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, dated as indicated below: (Insert the date of the E235-2019 incorporated into this agreement.) « » [ «X » ] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits identified in Section 4.1.2.) «Exhibit A: Request for Proposal No. 2022-089 dated January 27, 2022, Exhibit B: A232-2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition, as modified by City AIA Document C132™ Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The e used This draft was produced by AIA software at 14:14:46 ET on 02/14/2022 under Order No.2114289934 which expires on is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (1416654925) 25 Exhibit C: Addendum No. 1 dated February 16, 2022, Exhibit D: Story Construction’s response dated February 23, 2022, Exhibit E: Story Construction Updated Fee and Hourly Rates Any contradictions between the Exhibits and the Agreement occur, the Agreement requirements shall supersede and prevail.» .4 Other documents: (List other documents, if any, forming part of the Agreement.) « » This Agreement is entered into as of the day and year first written above. OWNER (Signature)CONSTRUCTION MANAGER (Signature) (John A Haila, Mayor) (Printed name and title) ATTESTED BY (Signature) (Renee Hall, City Clerk) ITEM # _ 44c _ DATE: 12/13/22 COUNCIL ACTION FORM SUBJECT: AWARD OF CONTRACT TO RDG PLANNING & DESIGN FOR ARCHITECTUAL SERVICES RELATED TO THE FITCH FAMILY INDOOR AQUATIC CENTER RDG PLANNING AND DESIGN CONTRACT UPDATE: RDG Planning and Design was selected through a Request for Proposal (RFP) process to develop a conceptual design for the Healthy Life Center (HLC). When Council directed staff to apply for the Iowa Reinvestment District Program in 2021, it also approved using RDG to develop a conceptual design for the Indoor Aquatic Center (IAC) which was based on the aquatics portion of the HLC. Through the development of the HLC and the IAC, RDG has developed a very good understanding of the City’s goals as it relates to an aquatic facility. At its November 23, 2021, meeting, City Council approved hiring RDG Planning and Design for designing the Fitch Family Indoor Aquatic Center (FFIAC). Since that time, staff has been meeting with RDG to agree on a scope of services, a contract, and a fee for their services. City Council is being asked to consider these items and award a contract to RDG Planning & Design. CONTRACT OVERVIEW: Staff has been working with RDG Planning & Design on finalizing a contract utilizing the AIA Document B132 – 2019: Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser which is shown in Attachment A. This is a standard form developed by the American Institute of Architects and has been modified based on conversations with RDG representatives. Highlights of the contract changes are as follows: Section 1.1.3 – Owner’s Budget for the Cost of the Work Council has set the maximum cost of construction of the FFIAC at $20,500,000. This does not include land cost, architect fees, CM fees, FFE (Furniture, Furnishings, Equipment), and other soft costs. Section 1.1.4 – Anticipated Milestone Dates Design to begin in December 2022 with bids due December 2023 . Award of Contract in January 2024 with building construction beginning April 2024. Grand opening is scheduled for fall 2025. Section 1.1.7 – Sustainable Objectives for the Project The objective is to design with sustainable measures to include future sola r panels and evaluation of geothermal. Section 3.1.7 – Filing Documents for Iowa Department of Public Health (IDPH) Approval Wording was revised to make RDG responsible, rather than assist the owner, for filing documents with IDPH to ensure and achieve full compliance with Iowa Administrative Code 641 Chapter 15 Pools and Spas. Section 3.1.9 – Contingency States that reasonable funding for contingencies will be provided and references to a specific dollar amount or percentage of the Cost of Work for a contingency was removed. Section 3.2.5 – Schematic Design A list of items to be considered/selected during the Schematic Design phase has bee n added. This list includes energy and operational efficiencies (geothermal, solar, regenerative media filters versus sand filters for pools, heat recovery system, etc.), saltwater versus chlorine disinfection, acoustics, accessibility, and more. Section 3.2.8 – Construction Cost Estimates The CM will prepare construction cost estimates at the end of Schematic Design (SD), end of Design Development (DD), and 80% Construction Documents (CD). The 80% CD estimate will be revised as needed to provide a final e stimate prior to bidding. Note that the Architect will also prepare estimates at SD, DD, and 80% CD . Any differences between the estimates will be reconciled prior to moving forward to the next phase. Section 4.1.1.7, 4.1.1.9, and 4.1.1.10, 4.1.1.11, 4.1.1.12, 4.1.1.13, 4.1.1.14, 4.1.1.22 – Supplemental Services Clarifies that these services are part of the basic scope of services and will not be treated as additional services. Please note that an effort has been made to limit what can be categorized as a dditional services yet keeping a sense of fairness in mind throughout the negotiation phase. Section 6.1 – Cost of Work Clarifies what is included in the Cost of Work. Section 8.2.4 – Method of Binding Dispute Resolution Specifies the method as mediation followed by litigation. Section 8.3 – Arbitration Deleted Section 9.12 – Purchase of DOT Property This has been added and it states, “If the purchase of the DOT property is unsuccessful, this contract will be terminated, and Owner will compensate the Architect only for services provided up to that point.” Section 11.3 – Additional Services The following two items are listed as Additional Services: Design for PV panel system $14,400 Design for geothermal heating/cooling system $20,000 These two items are not included in this contract and will addressed through a change order if the City decides to move forward with these two items. Section 11.5 and 11.8.2 – Cost for CM Services The final cost of the contract for Architectural Services (design and construction management) is $1,783,850 as shown below: Total $1,783,850 – ALTERNATIVES: 3. Do not award a contract to RDG Planning & Design and direct staff to initiate a Request for Proposal for Architectural Services for the Fitch Family Indoor Aquatic Center. This option would delay the project and most likely increase the overall project cost for a new indoor aquatic center. CITY MANAGER’S RECOMMENDED ACTION: RDG is very familiar with this project as they have done conceptual designs for the Healthy Life Center and the FFIAC. They understand the City’s vision and goals for this project which will be beneficial during design. The City has a good long-term relationship with RDG as RDG was the architect for the Furman Aquatic Center. With their familiarity with the City of Ames and this project, the design team will be able to start quickly once the contract is awarded. Therefore, it is City Manager’s recommendation that City Council approve Alternative #1 as stated above. Caring People  Quality Programs  Exceptional Service Item No. 14 MEMO TO: Members of the City Council FROM: John A. Haila, Mayor DATE: December 13th, 2022 SUBJECT: Fitch Family Indoor Aquatic Center Contract with RDG Planning and Design coming Monday, December 12, 2022 JAH/rh Mayor’s Office 515.239.5105 main 515 Clark Ave. fax Ames, IA 50010 AIA® Document B132™ – 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American emarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 1 The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A132™– 2019, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; and C132™– 2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. AIA Document A232™–2019 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. ELECTRONIC COPYING portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of AGREEMENT made as of the «13th» day of «December» in the year «2022» (In words, indicate day, month, and year.) BETWEEN the Architect’s client identified as the Owner: (Name, legal status, address, and other information) « City of Ames, Iowa »« » «515 Clark Ave » «Ames, IA 50010» « » and the Architect: (Name, legal status, address, and other information) «RDG Planning & Design »«Inc» «301 Grand Avenue» «Des Moines, IA 50309» « » for the following Project: (Name, location, and detailed description) « Fitch Family Indoor Aquatic Center » «122 North Oak Avenue » « Ames, IA 50010 » The Construction Manager: (Name, legal status, address, and other information) «Story Construction»«CO» «2810 Wakefield Circle» «Ames, IA 50010» « » The Owner and Architect agree as follows. AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT’S RESPONSIBILITIES 3 SCOPE OF ARCHITECT’S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as “not applicable,” or “unknown at time of execution”.) § 1.1.1 The Owner’s program for the Project: (Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.) The City of Ames is planning to build a Fitch Family Indoor Aquatic Center (FFIAC) at 122 N. Oak Avenue in Ames, Iowa. The property (126,741 sf) is currently owned by the Iowa Department of Transportation (IDOT) and has two buildings on it. The buildings are currently in use, but planning is underway for the IDOT to vacate these buildings in early January 2023. The buildings will serve no use for the IAC and will need to be demolished. The City is in negotiation with IDOT for the purchase of this property. The location is near Ames downtown, is on a CyRide transit route, multi-modal shared use path system, and arterial street access from the east and west within central Ames. The goal is to open the IAC in 2025. The Fitch Family Indoor Aquatic Center is anticipated to be a one-story building of approximately 41,100 square feet and include the following desired features: • Three pool basins (6-lane 25-yard lap pool, zero-depth entry pool with attached current channel, and a therapy pool) • One body slide that starts inside, goes outside, and finishes inside with a run-out • One smaller inside slide for smaller youth • Locker rooms (men’s and women with individual shower stalls, family change rooms with shower, stool, and sink) • Office space (Aquatics Manager, Lifeguards, Administration Suite) • Control desk area • Two party/meeting rooms • Walking/jogging track AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 3 • Multipurpose space • Social/lobby area • Auxiliary spaces (storage, data, mechanical/equipment, custodial, etc.) • Gender neutral restrooms • Parking for approximately 140 vehicles • Storm water management under the parking lot • Landscaping The IAC will be a facility for all ages and provide multiple activities for families. A variety of activities will be programmed for the IAC and include swimming lessons, lap swimming, water walking, therapeutic activities, aqua and dry land fitness classes, open swimming, youth and adult activities, dry land walking, and more. The highlights of the facility are the indoor recreational components that are not found at traditional swim facilities that are focused on lap swimming and swim lessons. This full complement of activities and services are an expansion of opportunities compared to other facilities and are not available in central Iowa « » § 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site; etc.) «See 1.1.1 above for general description. Additionally, Owner will provide environmental reports related to the property.» § 1.1.3 The Owner’s budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) «$20,500,000.00» § 1.1.4 The Owner’s anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: «««Design Phase: December 19, 2022 – November 10, 2023 IDOT vacates existing buildings: January 2023 Construction Documents: November 2023 Bidding the Work: December 2023 City Council Approval of Bids: January 2024 » .2 Construction commencement date: « Demolition: January – March 2024 Construction: April 2024 » .3 Substantial Completion date or dates: « Demolition: March 2024 Substantial Construction: September 2025» .4 Other milestone dates: «Open Facility: Fall 2025» § 1.1.5 The Owner intends the following procurement method for the Project: (Identify method such as competitive bid or negotiated contract.) AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 4 «Competitive Bid » § 1.1.6 The Owner’s requirements for accelerated or fast-track design and construction, multiple bid packages, or phased construction are set forth below: (Identify any requirements for fast-track scheduling or phased construction and, if applicable, list number and type of bid/procurement packages.) « Multiple bid packages and Contracts, as set forth by Construction Manager, Phased - demolition, site work, and building construction» § 1.1.7 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for the Project, if any.) « Design with sustainable measures to include future solar panels and evaluation of geothermal » § 1.1.7.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E235-2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E235-2019 is incorporated into this Agreement, the Owner and Architect shall incorporate the completed E235-2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address, and other contact information.) «Keith Abraham» «Director of Parks and Recreation Department » «City of Ames» «1500 Gateway Hills Park Drive» «Ames, IA 50010» « » « » § 1.1.9 The persons or entities, in addition to the Owner’s representative, who are required to review the Architect’s submittals to the Owner are as follows: (List name, address, and other contact information.) «Story Construction, 2810 Wakefield Circle, Ames, IA 50010 » § 1.1.10 The Owner shall retain the following consultants and Contractors: (List name, legal status, address, and other contact information.) .1 Construction Manager: (The Construction Manager is identified on the cover page. If a Construction Manager has not been retained as of the date of this Agreement, state the anticipated date of retention. If the Architect is to assist the Owner in selecting the Construction Manager, complete Section 4.1.1.1.) « Story Construction »«CO» «2810 Wakefield Circle» «Ames, IA 50010 » .2 Land Surveyor: « TBD »« » « » « » « » « » AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 5 .3 Geotechnical and Environmental Engineer: «Impact 7G, Inc »« » « Matt Deutsch or Megan Down » «8951 Windsor Parkway » «Johnston, IA 50131 » « » .4 Civil Engineer: « To be included with Architect’s Basic Services »« » « » « » « » « » .5 Other consultants and Contractors: (List any other consultants and Contractors retained by the Owner.) « » § 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: (List name, address, and other contact information.) «Brad Rodenburg, AIA, LEED, Well AP » «RDG Planning & Design, Inc» «301 Grand Ave » «Des Moines, IA 50309 » « » « » « » § 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address, and other contact information.) § 1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: «KPFF Consulting Engineers »« » «604 Locust St #202 » «Des Moines, IA 50309 » « » « » .2 Mechanical Engineer: «KCL Engineering »« » «300 4th St » «West Des Moines, IA 50265 » « » « » .3 Electrical Engineer: «KCL Engineering »« » «300 4th St » «West Des Moines, IA 50265 » AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 6 « » « » .4 Aquatics Consultant: Waters Edge Aquatic Design 11205 W 79th St Lenexa, KS 66214 .5 Cost Consultant: Stecker-Harmsen, Inc 510 S 17th St #110 Ames, IA 50010 § 1.1.12.2 Consultants retained under Supplemental Services: « » § 1.1.13 Other Initial Information on which the Agreement is based: « » § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect’s services, schedule for the Architect’s services, and the Architect’s compensation. The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information, however the budget for the Cost of Work shall not exceed the amount in 1.1.3 above. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use RDG BIM Project Execution Plan, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in RDG BIM Project Execution Plan, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. § 1.4 The term “Contractors” refers to persons or entities who perform Work under contracts with the Owner that are administered by the Architect and Construction Manager. The term “Contractors” is used to refer to such persons or entities, whether singular or plural. The term does not include the Owner’s own forces, or Separate Contractors, which are persons or entities who perform construction under separate contracts with the Owner not administered by the Architect and Construction Manager. ARTICLE 2 ARCHITECT’S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 7 § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in AIA Document C132™–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.6 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. § 2.6.1 Commercial General Liability with policy limits of not less than «two million dollars» ($ «2,000,000.00» ) for each occurrence and «two million dollars» ($ «2,000,000.00» ) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than «one million dollars » ($ «1,000,000.00» ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.6.4 Workers’ Compensation and Employers Liability at statutory limits as required by the laws of the State of Iowa. § 2.6.5 Employers’ Liability with policy limits not less than « » ($ « » ) each accident, « » ($ « » ) each employee, and « » ($ « » ) policy limit. § 2.6.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than «two million dollars» ($ « 2,000,000.00» ) per claim and «five million dollars» ($ «5,000,000.00» ) in the aggregate. § 2.6.6.1 Architect shall maintain same policy limits for a period of three (3) years from the date of substantial completion of the project. § 2.6.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect’s negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies and shall apply to both ongoing and completed operations. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6. ARTICLE 3 SCOPE OF ARCHITECT’S BASIC SERVICES § 3.1 The Architect’s Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 8 § 3.1.1 The Architect shall manage the Architect’s services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager, and the Owner’s other consultants however, the Architect is not responsible to coordinate services provided by the Owner, or the Owner’s consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner, the Construction Manager, and the Owner’s other consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency, in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit, for the Construction Manager’s review and the Owner’s approval, a schedule for the performance of the Architect’s services. The schedule shall include design phase milestone dates, as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. This schedule shall include allowances for periods of time required for the Owner’s review, for the Construction Manager’s reviews preparation of estimates for the Cost of the Work, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project, including but not limited to City Council approvals when required. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect’s services. The Architect shall review and approve, or take other appropriate action upon, the portion of the Project schedule relating to the performance of the Architect’s services. § 3.1.5 The Architect shall not be responsible for an Owner’s or Construction Manager’s directive or substitution, or for the Owner’s acceptance of non-conforming Work, made or given without the Architect’s written approval. § 3.1.6 The Architect shall, in coordination with the Construction Manager, contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities including, at no cost to the Owner, making changes to the documents in order to comply with the reviewing entities requirements and/or directives. § 3.1.7 The Architect shall be responsible for filing documents required for the design approval and securing of governmental authorities having jurisdiction over the natatorium, including but not limited to the Iowa Department of Public Health and ensuring the project achieves full compliance with the Iowa Administrative Code 641 Chapter 15 Swimming Pools and Spas. § 3.1.7.1 The Architect and their consultants shall assist the Owner and Construction Manager in connection with filing all other documents except for site environmental and what is listed in 3.1.7 required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.8 The Owner acknowledges that the nature of the design process is such that the plans, specifications, and other documentation prepared by the Architect under this Agreement may require changes, corrections, and modifications during the construction process which may affect the Project schedule or increase the Cost of the Work. The Owner acknowledges that production of a complete set of perfect construction documents is neither reasonable nor expected under this Agreement. § 3.1.9 The Owner and the Architect agree that reasonable funding for contingencies provided for in Sections 6.1 and 6.3 shall include funds to pay costs which may arise from or out of such changes, corrections, or modifications to the plans, specifications or other documentation prepared by the Architect, including, but not limited to, any cost associated with a change or changes in Project schedule. § 3.1.10 If the project involves demolition of existing facilities, and the Owner shall furnish documentation it receives from the current property owner (DOT), but it makes no guarantee or offers any assurances that it is accurate or fit for use. The Architect shall verify that the existing building drawings, if any, provided by the Owner AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 9 generally represent that actual existing field conditions. Verification shall be limited to general overall visual observation and confirmation of significant dimensions of reasonably accessible exposed elements. Unless specifically authorized in writing by the Owner, the Architect shall not be required to perform or to have others perform, destructive testing or to investigate concealed or unknown conditions. § 3.1.11 To the fullest extent permitted by law, the Owner shall defend, indemnify, and hold harmless the Architect, the Architect’s consultants and agents, and employees of any of them, from and against any and all claims, damages, awards, losses, and expenses, including but not limited to attorney’s fees, arising out of or resulting from latent, concealed or unknown conditions and/or documentation or information furnished by the Owner, its consultants or agents, or employees of any of them. § 3.1.12 The Architect’s commitments as set forth in this Agreement are based on the expectation that all of the services described in this Agreement will be provided. In the event the Owner later elects to reduce the Architect’s scope of services, the Owner hereby agrees to release, hold harmless, defend and indemnify the Architect from any and all claims, damages, losses, or costs associated with or arising out of such reduction of services. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner and Construction Manager, and shall review laws, codes, and regulations applicable to the Architect’s services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner and Construction Manager regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, to the Owner and Construction Manager, for the Owner’s approval, a preliminary design illustrating the scale and relationship of the Project components. .1 Progress review of Schematic Design Documents .1 Architect and all of their Consultants shall meet at least three (3) times in person as needed to review the documents and solicit Owner feedback. .2 All meetings may be attended by Construction Manager. .3 Schedule of meetings as mutually agreed to. § 3.2.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Construction Manager’s review and Owner’s approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. 1. Schematic Design (Inventory and Programming): a. Prepare existing conditions drawings of the project area to include current structures and utility locations. b. Review and finalize with the City the building program for the Fitch Family Indoor Aquatic Center (FFIAC). c. The walking/jogging and multipurpose area shall be designed as an add alternate and the overall design of the rest of the building shall not be impacted if the City chooses not to accept this alternate. d. Study, evaluate, prioritize and present to the Owner for consideration detailed elements of the design, including: i. Energy and operational efficiencies to include but not limited to AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 10 1. Geothermal 2. Solar 3. LED lighting 4. Pool Water Regenerative Media Filters versus traditional sand filters 5. Pool Water Chemical equipment 6. HVAC 7. VFD’s 8. Heat Recovery System ii. Saltwater disinfection versus chlorine disinfection iii. Space planning iv. Building materials and systems v. Acoustics vi. Building Construction Sequencing in coordination with the Construction Manager vii. Codes and standards. viii. Keyless entry and security cameras utilizing current City vendors for these elements ix. Development of FFE allowance e. Design for environmentally friendly access to the facility (i.e. bike racks, path connections, etc.). f. The design must include an accessible and inclusive focus. g. Utilize current concept drawing and prepare a schematic design with all features on one level. h. Final written approval by Owner of the schematic design phase is required prior to moving to Design Development. i. Cost estimate by the Architect and Construction Manager review with both parties reconciling the differences. § 3.2.5.1 The Architect shall consider and evaluate sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. These shall be presented to the Owner for their consideration and selection of options, subject to staying within the maximum Cost of the Work set forth in 1.1.3. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. § 3.2.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner’s program, schedule, and budget for the Cost of the Work. § 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Schematic Design Documents. § 3.2.7 Upon receipt of the Construction Manager’s review comments and cost estimate at the conclusion of the Schematic Design Phase, the Architect shall take action as required under Section 6.4, and request the Owner’s approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate such revisions in the Design Development Phase. § 3.2.8 In the further development of the Drawings and Specifications during this phase the Architect shall make any necessary changes. During subsequent phases of design, the Architect and Construction Manager are to provide estimates of the Cost of Work per the chart below: Phase of Design Responsible for Estimate of the Cost of Work Schematic Design Construction Manager and RDG Design Development Construction Manager and RDG Construction Documents (80%) Construction Manager and RDG § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner’s written approval of the Schematic Design Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 11 shall prepare Design Development Documents for the Construction Manager’s review and the Owner’s approval. The Design Development Documents shall be based upon information provided, and estimates prepared by the Architect and the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. Periodic review of Design Development with Owner includes: .1 Design Development: .1 Develop design plans. .2 Submit design to the City’s Development Review Committee (DRC) for compliance with City code. .3 Provide the City with a proposed replacement plan for equipment and systems to include lifecycles and replacement costs. .4 Review and provide input on the cost estimate for construction established by the Construction Manager. .5 RDG and the Construction Manager shall perform value engineering on the design prior to moving on to the next phase. .2 Progress review of Design Development Documents .1 Architect and all of their Consultants shall meet in person as needed to review the documents and solicit Owner feedback. .2 All meetings may be attended by Construction Manager. .3 Schedule of meetings as mutually agreed to. § 3.3.2 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development Documents to the Owner and the Construction Manager. The Architect shall meet with the Owner and Construction Manager to review the Design Development Documents. § 3.3.3 Architect’s Cost Consultant shall prepare an updated cost opinion. Upon receipt of the Construction Manager’s information and estimate at the conclusion of the Design Development Phase, the Architect shall compare, evaluate, reconcile and arrive at a mutually agreeable cost opinion after which the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner’s approval of the Design Development Documents and cost opinion. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner’s approval of the Design Development Documents (inclusive of updated cost opinion), and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Construction Manager’s review and the Owner’s approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. .1 The Architect and its Consultants shall periodically meet with the Owner and Construction Manager to review the development of the Contract Documents. The Architect shall be present in person at all meeting; Consultants at a minimum of one (1) time in person and two (2) times virtually. .2 At 80% completion of Construction Documents, the Architect shall have a cost opinion prepared. § 3.4.2 The Architect shall incorporate the design requirements of local and State of Iowa governmental authorities and Utilities having jurisdiction over the Project into the Construction Documents. .1 Architect shall represent the City, submit applications and attend meetings with regulatory agencies as needed to gain approval of the project including but not limited to the City of Ames Design Review Committee Meetings and the Iowa Department of Public Health. AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 12 § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner and the Construction Manager in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreements between the Owner and Contractors; and (3) the Conditions of the Contracts for Construction (General, Supplementary and other Conditions); and (4) a project manual that includes the Conditions of the Contracts for Construction and Specifications, and may include bidding requirements and sample forms. § 3.4.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction Documents to the Owner and the Construction Manager. The Architect shall meet with the Owner and Construction Manager to review the Construction Documents. The Construction Manager shall utilize these documents to prepare an updated cost opinion. § 3.4.5 Upon receipt of the Construction Manager’s information and an estimate at the conclusion of the Construction Documents Phase, the Architect shall take action as required under Section 6.7, and request the Owner’s final written approval of the Construction Documents and final cost opinion prior to proceeding to the Procurement Phase. § 3.5 Procurement Phase Services § 3.5.1 General The Architect shall assist the Owner and Construction Manager in establishing a list of prospective contractors. Following the Owner’s approval of the Construction Documents, the Architect shall assist the Owner and Construction Manager in (1) obtaining competitive bids; (2) confirming responsiveness of bids; (3) determining the successful bids; and (4) awarding and preparing Contracts for Construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner and Construction Manager in bidding the Project by .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and .4 attend the opening of bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. .5 The quantity and timing of issuance of the bid packages shall be established by the Construction Manager. § 3.5.2.3 The Bidding Documents shall permit substitutions, unless the Owner issues a written authorization establishing specific no substitution products. The Architect shall, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements, and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner and Construction Manager in obtaining proposals by: .1 facilitating the distribution of Proposal Documents for distribution to prospective Contractors, and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective Contractors; .3 preparing responses to questions from prospective Contractors and providing clarifications and interpretations of the Proposal Documents to the prospective Contractors in the form of addenda; and .4 participating in negotiations with prospective Contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substitutions, consult with the Construction Manager, and prepare and distribute addenda identifying approved substitutions to all prospective contractors. AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 13 § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition as modified by City and incorporated herein by this reference as Exhibit B. If the Owner and Contractor modify AIA Document A232–2019, those modifications shall not affect the Architect’s services under this Agreement unless the Owner and the Architect amend this Agreement in writing. § 3.6.1.2 The Architect shall be a representative of and shall advise and consult with the Owner and Construction Manager during construction until final payment to the Contractor is made, and at the Owner’s direction during the period correction of the Work described in the Contract for Construction. The Architect and their consultants as necessary shall furnish architectural services and consultations necessary to correct construction defects encountered during such correction period. The Architect shall assist the Owner in performing a review of the Project during the 11th month after the date of Substantial Completion. Such services shall be furnished without additional charge except for travel and subsistence costs. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractors’ failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for acts or omissions of the Construction Manager, or acts or omissions of the Contractors or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.2, and except as provided in Section 3.6.6.5, the Architect’s responsibility to provide Construction Phase Services commences with the award of the initial Contract for Construction and terminates at the expiration of the period of correction of the Work described in the Contract for Construction. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. Such visits to the site shall be documented in writing on report forms acceptable to the Owner and Construction Manager. Copies shall be issued to the Owner and Construction Manager within seven (7) calendar days of each site visit. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner and the Construction Manager and Owner in writing (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Construction Manager, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and shall notify the Construction Manager in writing about the rejection. Whenever the Architect considers it necessary or advisable, the Architect, upon written authorization from the Owner and notification to the Construction Manager, shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractors, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of the Construction Manager, Owner, or Contractors through the Construction Manager. The Architect’s response to such requests shall be made in writing within the time limits mutually agreed upon by the Architect, Owner and Construction Manager. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by the Contractors, shall not show AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 14 partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractors designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A232–2019, the Architect, with the assistance of the Construction Manager, shall render initial decisions on Claims between the Owner and Contractors as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 Not more frequently than monthly, the Architect shall review and certify an application for payment. Within seven days after the Architect receives an application for payment forwarded from the Construction Manager, the Architect shall review and certify the application as follows: .1 Where there is only one Contractor responsible for performing the Work, the Architect shall review the Contractor’s Application and Certificate for Payment that the Construction Manager has previously reviewed and certified. The Architect shall certify the amount due the Contractor and shall issue a Certificate for Payment in such amount. .2 Where there is more than one Contractor responsible for performing different portions of the Project, the Architect shall review the Project Application and Project Certificate for Payment, with the Summary of Contractors’ Applications for Payment, that the Construction Manager has previously prepared, reviewed, and certified. The Architect shall certify the total amount due all Contractors collectively and shall issue a Project Certificate for Payment in the total of such amounts. § 3.6.3.2 The Architect’s certification for payment shall constitute a representation to the Owner, based on (1) the Architect’s evaluation of the Work as provided in Section 3.6.2, (2) the data comprising the Contractor’s Application for Payment or the data comprising the Project Application for Payment, and (3) the recommendation of the Construction Manager, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractors are entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate each Contractor’s right to payment, or (4) ascertained how or for what purpose that Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.4 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager’s Project submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect’s action in reviewing submittals transmitted by the Construction Manager shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect’s professional judgment, to permit adequate review. § 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractors’ submittals such as Shop Drawings, Product Data and Samples, that the Construction Manager has reviewed, recommended for approval, and transmitted to the Architect. The Architect’s review of the submittals shall only be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractors’ responsibilities. The Architect’s review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 15 § 3.6.4.3 If the Contract Documents specifically require the Contractors to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractors’ design professionals, provided the submittals bear such professionals’ seal and signature when submitted to the Architect. The Architect’s review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4.4 After receipt of the Construction Manager’s recommendations and may be subject to the provisions of Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect, in consultation with the Construction Manager, shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect’s response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals transmitted by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect shall review and sign, or take other appropriate action, on Change Orders and Construction Change Directives prepared by the Construction Manager for the Owner’s approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Such changes shall be affected by written order issued by the Architect through the Construction Manager. The Architect shall in writing also notify the Owner of any and all minor changes made in concurrent with notice issued to Construction Manager. § 3.6.5.3 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect, assisted by the Construction Manager, shall: .1 conduct inspections to determine the date of Substantial Completion and the date of final completion; .2 issue a Certificate of Substantial Completion prepared by the Construction Manager; .3 review written warranties and related documents required by the Contract Documents and received from the Contractors, through the Construction Manager; and .4 after receipt of a final Contractor’s Application and Certificate for Payment or a final Project Application and Project Certificate for Payment from the Construction Manager, issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect’s knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect’s inspections shall be conducted with the Owner and Construction Manager to (1) check conformance of the Work with the requirements of the Contract Documents and (2) verify the accuracy and completeness of the lists submitted by the Construction Manager and Contractors of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid each of the Contractors, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractors, through the Construction Manager: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 16 the making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractors under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner and Construction Manager to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect’s responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect’s Supplemental Services and the Owner’s Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service. Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Supplemental Services Responsibility (Architect, Owner or Not Provided) § 4.1.1.1 By Owner § 4.1.1.2 § 4.1.1.3 § 4.1.1.4 § 4.1.1.5 § 4.1.1.6 § 4.1.1.7 § 4.1.1.8 § 4.1.1.9 – § 4.1.1.10 – § 4.1.1.11 – § 4.1.1.12 – § 4.1.1.13 – § 4.1.1.14 – § 4.1.1.15 § 4.1.1.16 § 4.1.1.17 § 4.1.1.18 § 4.1.1.19 § 4.1.1.20 § 4.1.1.21 § 4.1.1.22 – AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 17 § 4.1.1.23 Security evaluation and planning § 4.1.1.24 By Owner § 4.1.1.25 § 4.1.1.26 § 4.1.1.27 § 4.1.1.28 § 4.1.1.29 § 4.1.1.30 § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect’s responsibility is provided below. (Describe in detail the Architect’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form of Architect’s Services documents that can be included as an exhibit to describe the Architect’s Supplemental Services.) «insert scope of work for Environmental Design once determined » § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner’s responsibility is provided below. (Describe in detail the Owner’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) « » § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2. § 4.2 Architect’s Additional Services The Architect may provide Additional Services after execution of this Agreement, if approved in advance in writing by Owner without invalidating the Agreement. Any Additional Services must be clearly establish the specific scope of services and itemized lump sum cost. Except for services required due to any negligent act, error or omission of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect’s schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services but only after receiving written approval from the Owner, the Architect shall notify the Owner with reasonable promptness and explain in writing the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or recommendations given by the Construction Manager or the Owner, approvals given by the Owner, or a material change in the Project including size, quality, complexity, building systems, the Owner’s schedule or budget for Cost of the Work (exclusive of the Owner agreeing to increase the budget due to cost opinions exceeding subparagraph 1.1.3), constructability considerations, procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6; .2 Making significant revisions in Drawings, Specifications, or other documents (as required pursuant to Section 6.7), when such revisions are required because the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget at the 100% Construction Document phase only, except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes or equipment; AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 18 .3 After the Construction Documents Phase is 100% complete, for Services necessitated by enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .4 After the Construction Documents Phase is 100% complete, for Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner, Construction Manager or the Owner’s other consultants or contractors; .6 Preparing digital models or other design documentation for transmission to the Owner’s consultants and contractors, or to other Owner-authorized recipients; .7 Basic services include preparation of one add alternates with one being the Multipurpose Rooms/Walking Path. Any significant add alternates requested by the Owner in excess of one will require Additional Services. .8 Preparation for, and attendance at, a public presentation, meeting or hearing; .9 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .10 Evaluation of the qualifications of entities providing bids or proposals; .11 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .12 Assistance to the Initial Decision Maker, if other than the Architect. § 4.2.2 During the Construction Phase, the Architect may provide the following Additional Services but only after receiving written approval from the Owner. The Architect shall notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect’s notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner’s determination. .1 Reviewing a Contractor’s submittal out of sequence from the Project submittal schedule approved by the Architect; .2 Responding to the Contractors’ requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractors from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders, and Construction Change Directives that require evaluation of Contractors’ proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; .5 Making significant revisions to Instruments of Service to accommodate substitutions approved by the Owner. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 « » ( « » ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractors .2 « » ( « » ) visits to the site by the Architect during construction .3 « » ( « » ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 « » ( « » ) inspections for any portion of the Work to determine final completion § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than one year after (1) the date of Substantial Completion of the Work, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 19 § 4.2.5 If the services covered by this Agreement have not been completed within «forty-two» ( «42» ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as mutually agreed to between the Owner and Architect. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. § 5.2 The Owner shall retain a Construction Manager to provide services, duties and responsibilities as described in AIA Document C132–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. The Owner shall provide the Architect with a copy of the scope of services in the agreement executed between the Owner and the Construction Manager, and any subsequent modifications to the Construction Manager’s scope of services in the agreement. § 5.3 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and (3) reasonable contingencies related to all of these costs. The Owner may update the Owner’s budget for the Project as necessary throughout the duration of the Project until final completion. It is mutually agreed to by the Owner and Architect that the budget for the Cost of the Work set forth in subparagraph 1.1.3 is the maximum amount the Owner is able to invest in this project. If the Owner decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect and the Construction Manager. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project’s scope and quality. § 5.3.1 The Owner acknowledges that phased scheduling provides a benefit, but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents, and costs for the Contractors to remove and replace previously installed Work. If the Owner selects phased scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. The Architect will plan for a sufficient amount of time needed to seek City Council approval when required. § 5.5 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.6 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.7 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1. § 5.8 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, attached to this Agreement. AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 20 § 5.9 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.10 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials and commissioning of mechanical, electrical, or building envelope as required by code and/or as deemed appropriate and beneficial to the operation of the Project. § 5.11 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 5.12 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project, including alleged negligent errors, omissions or inconsistencies in the Architect’s Instruments of Service. § 5.13 The Owner shall communicate with the Contractors and the Construction Manager’s consultants through the Construction Manager about matters arising out of or relating to the Contract Documents. The Owner and Construction Manager shall include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. § 5.14 Before executing the Contracts for Construction, the Owner shall provide the Architect a copy of the executed agreements between the Owner and Contractors, including the General Conditions of the Contracts for Construction. § 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager and Contractors to provide the Architect access to the Work wherever it is in preparation or progress. § 5.16 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. § 5.17 The Owner shall have the Construction Manager provide necessary safety and health equipment for the Architect to perform its services when on the construction site under this Agreement during the construction phase of the Project. The Owner shall also have the Construction Manager notify the Architect of any known safety or health hazards at the Project. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors’ general conditions costs, overhead and profit. The Cost of the Work is actual building construction cost with environmental clean-up and mitigation measures needed (ie: protective measures like membrane around foundation, vapor mitigation system, etc). The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights- of-way, financing, or contingencies for changes in the Work; the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expense at the job site, if any or other costs that are the responsibility of the Owner. § 6.2 Evaluations of the Owner’s budget for the Cost of the Work represent the Architect’s judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 21 entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, may be an Additional Service if in accordance with 4.2 and approved by the Owner, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 The Architect is providing cost estimating services as part of Basic Services and should a discrepancy exist between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates. § 6.4 If, prior to the conclusion of both Schematic Design and the Design Development Phases, the Construction Manager’s and Architect’s Cost Consultant estimates of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Schematic and Design Development phases and 80% Construction Documents Phases exceeds the Owner’s budget for the Cost of the Work, the Owner shall either: .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .4 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.3, the Architect, without additional compensation, shall incorporate the revisions in each of the various Phases as necessary to comply with the Owner’s budget for the Cost of the Work. The Architect’s revisions in each of the various Phases shall be the limit of the Architect’s responsibility under this Article 6. § 6.7 After incorporation of modifications under Section 6.6, the Architect shall make any required revisions to the Drawings, Specifications or other documents necessitated by subsequent cost estimates that exceed the Owner’s budget for the Cost of the Work including but not limited to changes initiated by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 Except as stated in Article 12, Section 12.6, the Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractors, Construction Manager, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and Separate Contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 22 for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1All claims and causes of action between the Owner and Architect arising out of or related to this Agreement or the Work, whether based in contract, tort, warrant or otherwise, shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than either the date of Substantial Completion or the date of issuance of final Certificate of Payment of acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect’s services are substantially completed, and also in no event shall any claim or date when the Architect’s services are substantially completed, and also in no event shall any claim or cause of action be brought more than 8 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232–2019, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the Construction Manager, contractors, consultants, agents and employees of any of them, the same scope of waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner’s officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Architect, its employees and its consultants in the performance of professional services under this Agreement. The Architect’s obligation to indemnify and hold the Owner and the Owner’s officers and employees harmless does not include a duty to defend. The Architect’s duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the insurance coverage required by this Agreement. § 8.1.4 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute, or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 23 § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, if the parties mutually agree, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 8.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ « » ] Arbitration pursuant to Section 8.3 of this Agreement [ «X » ] Litigation in a court of competent jurisdiction (Story County) [ « » ] Other: (Specify) « » § 8.2.5 The Architect or Owner, as appropriate, shall include a similar mediation provision in all its agreements with contractors and consultants retailed for the Project and shall require all contractors and consultants to also included similar mediation provisions in all agreements with their subcontractors and sub-consultants so retained for the Project, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. § 8.3 Arbitration § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 Consolidation or Joinder § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common issues of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 24 § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give fifteen (15) days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be mutually agreed upon by both parties. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect’s services. When the Project is resumed, the Architect’s compensation and schedule may be equitably adjusted, as mutually agreed, to provide for expenses incurred in the resumption of the Architect’s services. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than fifteen (15) days’ written notice. § 9.4 Either party may terminate this Agreement upon not less than fifteen (15) days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than fifteen (15) days’ written notice to the Architect for the Owner’s convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or if the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect’s termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee.) .1 Termination Fee: « $0.00 » .2 Licensing Fee if the Owner intends to continue using the Architect’s Instruments of Service: « $0.00 » AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 25 § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. § 9.9 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. § 9.10 The Owner and Architect’s rights set forth in this Article 9 are in addition to and without prejudice to their other rights and remedies provided by law. § 9.11 The termination of this Agreement shall not relieve either the Owner or the Architect of any obligation previously accrued. The following provisions of this Agreement, and any other provisions that by their terms so provide, shall specifically survive any such termination: Article 7, Article 8, Article 10 and Article 11. § 9.12 If the purchase of the DOT property is unsuccessful, this contract will be terminated, and Owner will compensate the Architect only for services provided up to that point. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This contract is governed by the law of the State of Iowa with venue in the appropriate state and/or federal courts for Story County, Iowa. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition as Exhibit B, except for purposes of this Agreement, the term “Work” shall include the work of all Contractors under the administration of the Architect and Construction Manager. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement, and including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 Subject to Owner’s permission the Architect shall include photographic or artistic representations of the design of the Project among the Architect’s promotional and professional materials. Subject to Owner’s permission the Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall not unreasonably withhold said permission. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as “confidential” or “business proprietary,” the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 26 § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 15 days’ notice to the other party, when required by law, arbitrator’s order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. The fees under this agreement and all costs are public record per Iowa Code Chapter 22. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as follows: .1 Stipulated Sum (Insert amount) «$1,761,850.00 » .2 Percentage Basis (Insert percentage value) « » (« » ) % of the Owner’s budget for the Cost of the Work, as calculated in accordance with Section 11.6. .3 Other (Describe the method of compensation) « » § 11.2 For the Architect’s Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) « » § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Design for PV panel system for $14,400.00 lump sum, Design for geothermal heating /cooling system $20,000.00 lump sum.) « » § 11.4 Compensation for Supplemental and Additional Services of the Architect’s consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Architect plus «zero» percent ( «0» %), or as follows: (Insert amount of, or basis for computing, Architect’s consultants’ compensation for Supplemental or Additional Services.) « » § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 27 The Owner acknowledges that with an accelerated Project delivery or multiple bid package process, the Architect may be providing its services in multiple Phases simultaneously. Therefore, the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services, as appropriate. § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner’s most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner’s budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect’s consultants are set forth below. The rates shall be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) «Exhibit C» Employee or Category Rate ($0.00) § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence including that of the Architect and all of their Consultants; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents of review sets. Excludes printing of Contractor bid sets; .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance in writing by the Owner; .7 Renderings, mock-ups, and presentation materials requested by the Owner or required for the Project; .8 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultants’ expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect’s consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 28 .12 Other similar Project-related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus «zero» percent ( «0» %) of the expenses incurred. Reimbursable expenses shall not exceed $22,000.00. § 11.9 Architect’s Insurance If the types and limits of coverage required in Section 2.6 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.6, and for which the Owner shall reimburse the Architect.) « » § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of « zero» ($ «0» ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. § 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of « » ($ « » ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect’s payments to the Certifying Authority shall be credited to the Owner’s account at the time the expense is incurred. § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid «sixty» ( «60» ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) « Per Chapter 535.2 of the Iowa Code « » § 11.10.2.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to Contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) «§ 12.1 The Owner acknowledges that the requirements of the Americans with Disabilities Act (ADA), Fair Housing Act (FHA) and other federal, state and local accessibility laws, rules, codes, ordinances and regulations will be subject to various subjective, discretionary and/or possibly contradictory interpretations. The Architects, therefore, will use its reasonable professional efforts and judgment consistent with the degree of skill and care ordinarily exercised by Architects currently practicing under similar circumstances to interpret applicable laws, rules, codes, ordinances, and regulations, including accessibility requirements in effect as of the date of the fully completed and ready to bid documents, and as they apply to the Project. The Architect, however, cannot and does not warrant or guarantee that the Owner’s Project will comply with all interpretations of the accessibility requirements and/or the requirements of other federal, state, and local laws, rules, codes, ordinances, and regulations as they apply to the Project. AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 29 § 12.3 If this Agreement is terminated, other than pursuant to Section 9.4, the license granted in Section 7.3 shall terminate and the Owner’s obligations set forth in Section 7.3.1 and Section 9.7.2 shall govern. § 12.4 United States Code Section 179D directs that there shall be allowed as a tax deduction an amount equal to the cost of energy efficient commercial building property (or partially qualifying energy efficient commercial building property) placed in service during the taxable year. In the case of energy efficient commercial building property (or partially qualifying energy efficient commercial building property) installed on or in property owned by a Federal, State, or local government, or a political subdivision thereof, the Owner shall allocate this 26 United States Code Section 179D tax deduction to the Architect. Architect shall reduce their stipulated sum compensation by an amount of 80 percent of the tax deduction amount granted to the Architect under this subarticle 12.4. § 12.5 The Architect may specify certain materials for the Project that may contain substances that may be determined or are considered by some to pose a potential risk to the health and safety of humans, but that are not banned by governmental agencies having jurisdiction over the Project as of the time these products or materials were specified by the Architect. By signing the Agreement, Owner is hereby on notice that such materials may be determined to be hazardous or detrimental to the health and safety of humans, and which may be banned in the future, and the Owner agrees to hold the Architect harmless from any and all claims or damages resulting from or arising out of the specification of such products or materials. 12.6 OWNERSHIP OF MATERIALS All reports, documents, drawings, specifications, electronic data or other materials developed or discovered by Consultant or any other person engaged directly or indirectly by Consultant to perform the services required hereunder shall be and remain the property of City without restriction or limitation upon their use. The Consultant shall furnish to the City, copies of all documents that were developed in the course of services for the City and for which compensation has been received by the Consultant. 12.7 GOVERNING LAW Moved to 10.1 This contract is governed by the law of the State of Iowa with venue in the appropriate state and/or federal courts for Story County, Iowa. 12.8 NON-COMPENSATED SERVICES 12.8.1 If the cost opinions exceeds the budgeted construction cost at the completion of all phases of work, the City may choose to revise the project scope and/or quality as required to reduce the overall cost. If City chooses to proceed in this manner, the Architect shall be responsible for all costs associated with modifying the design and related documents. 12.8.2 If the lowest responsive, responsible bids exceeds the budget construction cost by less than $1 million dollars and if value engineering can reduce the scope of the project within budget, the City may choose to revise the project scope and/or quality as required to reduce the projected construction costs. If City chooses to proceed in this manner, the Architect shall be responsible for modifying the design, all related documents, printing and reissuing bid documents as necessary to obtain new bids. 12.8.3 Services required to correct negligent errors, omissions, or deficiencies by the Architect or Consultants that become apparent during construction and/or after completion of the project are the responsibility of the Architect. All costs associated with correcting negligent errors or deficiencies by the Architect and/or their Consultants shall be paid for by the Architect. 12.8.4 The accounting records of the Architect and its Professional Consultants for this project shall distinguish those services from all other services provided on other projects performed for other Owners. » AIA Document B132™ Copyright © 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American trademarks and may not be used without This draft was produced by AIA software at 11:29:43 ET on 04/08/2022 under Order No.2114309723 which expires on 04/07/2023, i is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® -mail copyright@aia.org. User Notes: (945368899) 30 ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B132™–2019, Standard Form Agreement Between Owner and Architect, Construction Manager as Adviser Edition as modified by City. .2 RDG BIM Project Execution Plan, dated as indicated below, if completed, or the following: (Insert the date of the RDG BIM Project Execution Plan incorporated into this Agreement.) « » .3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) [ « » ] AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, dated as indicated below: (Insert the date of the E235-2019 incorporated into this Agreement.) « » [ « » ] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits and scopes of services identified as exhibits in Section 4.1.2.) « » .4 Other documents: (List other documents, if any, forming part of the Agreement.) i. «Exhibit A Scope of Services ii. Exhibit B A232-2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition, as modified by City. iii. Exhibit C Standard Hourly Rate Schedule Any contradictions between the Exhibits and the Agreement occur, the Agreement requirements shall supersede and prevail.» This Agreement is entered into as of the day and year first written above. OWNER (Signature)ARCHITECT (Signature) (Printed name and title) (Printed name, title, and license number, if applicable) Attested by (Signature) (Printed name and title) ITEM #: __45___ DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO SOLICIT A PARTNER DEVELOPER IN CONNECTION WITH THE DEVELOPMENT OF LOW-INCOME HOUSING TAX CREDIT (LIHTC) UNITS IN THE BAKER SUBDIVISION. BACKGROUND: The City Council reviewed a proposal for 4% LIHTC 36-unit affordable housing project on the City’s 2.78 acre site within the Baker Subdivision at its November 22 nd meeting. The City Council declined to accept this proposal. This decision was due to the fact that the Commonwealth Companies proposal exceeded the City’s budget capacity for the project. As a result, the City Council provided direction at its November 22nd meeting for staff to prepare a new Request for Proposals (RFP) for a 9% LIHTC housing project in order to secure additional financial resources for development of affordable family housing on the site. The City Council directed staff to utilize prior RFP provisions related to housing density, design, and local incentives. (The complete draft RFP is attached) Highlights of the RFP are provided below: • Proposal must utilize the Iowa Finance Authority’s 9% LIHTC program • Accept proposals only for a medium density development with approximately 30-50 dwelling units • Ineligible Home Types include: senior housing, nursing homes, board and care facilities, rooming or boarding houses, transitional housing units, homeless shelters, or permanent supportive housing units and supervised living facilities licensed by the State of Iowa or delegated to a local Department of Health, including properties where residents require a 24-hour plan for supervision and/or medical/health care. • The City of Ames will complete the rezoning of the site to a Medium Density Planned Unit Development Overlay zoning district prior to April 1, 2023. • Require a minimum of 10% of units as 4-Bedroom units, not to exceed six (6) units, unless a market study indicates additional units are needed • Include a minimum of 10% of units to be set aside for Section 8 Housing Choice Voucher participants • Enter into a developer’s agreement with the City of Ames, to prepare a 9% LIHTC application, that includes the terms for the developer’s construction and operation of the project, the City’s participation in the project, transfer of land for the development of the project, and anticipated start date of the construction • The agreement shall be completed with the City of Ames within 45 days from the date of acceptance of the proposal by the City Council. The application shall be submitted to the Iowa Finance Authority (IFA) on or about 30-45 days after a developer’s agreement has been signed with the City of Ames • The City will provide the project site to the developer at no cost • The City will provide HOME Funds of up to $1.8 million for units affordable to households earning between 30% to 50% Ames Area Medium Income (AMI) • Proposal submittal will be due by January 17, 2023. The LIHTC applications to IFA are due to IFA by April 19, 2023 • Proposals will be evaluated based upon developer experience, design, property management experience. An evaluation committee comprised of staff members from Planning and Housing, City Attorney’s Office, Public Works, Electric, and the Purchasing Division will be assessing the responsiveness of the proposal in relationship to the RFP submittal requirements ALTERNATIVES: 1. The City Council can approve proceeding with attached Request For Proposals (RFP) to solicit a partner developer in connection with the development of 9% Low- Income Housing Tax Credit (LIHTC) units in the Baker Subdivision. 2. The City Council can approve proceeding with a Request For Proposals (RFP) to solicit for a partner developer in connection with the development of 9% Low- Income Housing Tax Credit (LIHTC) units in the Baker Subdivision, with modifications. 3. The City Council can refer this request back to staff for additional information. CITY MANAGER’S RECOMMENDED ACTION: The proposed RFP continues to support development of a family and workforce affordable housing project. The City’s site appears to be very competitive within the 9% LIHTC program based upon the state’s 2023 Qualified Action Plan (QAP) scoring system for family-oriented units. The City Council should note that the RFP, as is being proposed, does not permit senior housing or permanent supportive housing proposals. It is the recommendation of the City Manager that the City Council adopt Alternative #1. Location Map- Attachment A Request for Proposals for Low-Income Housing Tax Credit (LIHTC) Developers in Partnership with the City of Ames Baker Subdivision 321 State Avenue Ames, Iowa December 20, 2022 For questions concerning the request for proposal, project requirements and procedures, please contact: Purchasing Division: Karen Server, Purchasing Manager Phone: 515-239-5127 E-mail: karen.server@cityofames.org Table of Contents I. Introduction........................................................................................................................................3 II.General Information............................................................................................................................5 III.Minimum Development Requirements ...........................................................................................6 IV.Developer Minimum Responsibilities/Requirements...................................................................7 V. Financial Incentives .......................................................................................................................8 VI.Competitive Requirements and Scoring.........................................................................................9 VII.Security Requirements ................................................................................................................ 9 VIII.Submittal Requirements .............................................................................................................10 IX.Review Process and Selection Criteria ......................................................................................... 11 X. Contract Negotiations: ................................................................................................................. 12 XI.Questions/Contact Persons: ...................................................................................................... 12 XII.Definitions ................................................................................................................................... 12 Attachment A ....................................................................................................................................14 Ames Metropolitan Statistical Area (MSA) Income Limits Attachment B ....................................................................................................................................16 321 State Avenue Site & Development Information Attachment C ....................................................................................................................................17 District Geothermal Heating & Cooling System Attachment D ................................................................................................................................... 18 2022 Limits for HOME Maximum Pre-Unit Subsidy Limits Attachment E……………………………………………………………………………………………….... 19 CDBG Special Terms and Conditions 3 I. Introduction The City of Ames, Iowa is accepting proposals from qualified and experienced affordable housing developers utilizing the Iowa Finance Authority’s 4% Low-income Housing Tax Credit (LIHTC) program. The successful developer would enter into a partnership with the City of Ames for the construction of low- income rental housing on a 2.78-acre site within the City’s affordable housing development known as the Baker Subdivision. Ames, like many communities across America, has a continuing need for more affordable housing for low-income households. One of the major goals and priorities of the City’s Adopted 2019-23 CDBG/HOME Five-year Consolidated Strategic Plan is “To create, expand, and maintain Affordable Housing for Homeless and Low-income persons”. Through the use of its Community Development Block Grant (CDBG) funding, the City of Ames has secured ownership of a 10+ acre tract of infill land called the Baker Subdivision located at 321 State Avenue in West Ames. The tract of land is also located in the City’s first Neighborhood Revitalization Strategy Area (NRSA), which will allow for a greater flexibility in the development of mixed-income housing units that meet CDBG program requirements. The City’s overall vision for this 10+ acre parcel of land is to create a mixed-income housing subdivision that will not only address the affordable housing needs of low- and- moderate income households, but also market rate housing through the development of a variety of housing types. To this end the City has created the Baker Subdivision for development of single-family ownership housing lots and for rental housing (2.78 acres). The City has completed all of the public infrastructure improvements for the single-family housing units, and some of the public improvements to the multi-family site. It is anticipated that construction of the single-family home will start in the spring of 2023. Rental Development Area 4 The City is interested in receiving proposals to develop the 2.78-acre Lot 27 located on the south side of the site, with multi-family housing types. The City’s main objectives for proposals to develop the site include the following: A. Creating affordable rental housing units that meet the nine (9%) Low-Income Housing Tax Credit (LIHTC) Program administered by the Iowa Finance Authority (IFA) as outlined in their 2023 Qualified Allocation Plan (QAP). Current Ames Metropolitan Statistical Area (AMSA) See Attachment A for income limits) B. Maximizing the number of affordable housing units in relation to the LIHTC 9% Qualified Allocation Plan scoring system, and the City 2019-2023 Five-Year Consolidated Plan affordable housing goals. C. Addressing affordable housing needs for families and workforce housing needs. D. Includes high quality design features for the buildings and site layout as part of an integrated subdivision with adjacent single-family homes. To meet these objectives the City will accept proposals of a development intensity between low and medium density for approximately 30-50 dwelling units. The developer may propose housing types that include townhomes, duplexes, or multi-family apartment units that best meet the listed objectives and formulate a highly competitive LIHTC application. Proposals will be evaluated and scored on a competitive basis. Once all proposals are scored, a report will be prepared for City Council that will contain background information and factual data for each proposal, a scoring of the attributes of the proposals, and the evaluation committee recommendation regarding which developer’s proposal should be selected as the preferred developer for the most desirable project. The City reserves the right to waive any minor informalities or irregularities, which do not address the heart of the proposal, or to reject, any and all proposals. Proposals, which take exception to the Request for Proposal (RFP), may be considered non-responsive and may be rejected. 5 II.General Information The following information is provided to assist the developer by summarizing the important facts regarding the criteria and format by which the RFP process will proceed. A. Tentative Timetable of Events -RFP Issued: Tuesday, December 20, 2022 -Pre-Proposal Meeting: Wednesday, December 28, 2022** (VIA ZOOM) -Questions Due: -City Responses By: -Proposal Deadline: Tuesday, January 17, 2023 by -Proposal Selection Interviews (if needed): -Committee Evaluation (Tentative): - City Council Approval **THIS WILL BE AN VIRTUAL MEETING, RECORDED FOR LATER VIEWING ON THE CITY’S WEBSITE AT WWW.CITYOFAMES.ORG/HOUSING. Join us for a Pre-Proposal LIHTC Meeting via Zoom at: B. All proposals with supporting documentation must be a delivered to the City of Ames no later than 2:00 p.m. (local time) on Tuesday, January 17, 2023 in one of the following formats: a.E-mail submission in pdf format to Karen Server at karen.server@cityofames.org b.Mail to and postmarked to the City of Ames, Purchasing Division (1st Floor), City Hall, PO 811, Ames, IA 50010. c.Delivered to the City of Ames Purchasing Division (1st Floor), City Hall, 515 Clark Ave, Ames, IA. No verbal or faxed submittals will be accepted. Submittals shall have a subject line of “Baker Subdivision-Ames, IA” LIHTC Housing Development Proposal. C. Proposals may be withdrawn only by written request of the developer prior to the opening of the proposals. After the opening of the proposals, all offers shall remain valid and irrevocable for a period of 60 days from the date of the submittal and through negotiations on a final agreement with the selected developer. D. Proposals not meeting the minimum requirements or submittal requirements will not be considered. E. Copies of the City's Zoning Ordinances, Subdivision Regulations, Storm Water Management, and Building Codes are available at the Department of Planning & Housing, City Hall, 515 Clark 6 Avenue, Room 214, Ames, Iowa or on the City’s website at www.cityofames.org search for Municipal Code. Attachment B includes additional information on development requirements. F. The Site is currently zoned R-L (Residential Low Density). G. The City will make available information pertaining to existing and completed infrastructure improvements for connection of the site to the systems. NOTE: that the City intends to install a Geothermal System on the site that the developer will be required to connect to, additional information included in Attachment C. H. The site (Lot 27) is intended to use the abutting regional storm water treatment facility as its primary means of meeting storm water treatment and control requirements, the developer will verify as part of the development review adequate capacity exists within the regional facility or accommodate storm water requirements on site. The developer will be required to provide for regular maintenance and upkeep of storm water facilities. Long term maintenance of the regional facility is the responsibility of the City. I. The City of Ames reserves the right to require additional information at any time during this process to help clarify the intent of the developer or project details. J. The Geographic Information Systems (GIS) information regarding site (maps & data) is located on the city’s website at: www.cityofames.org/living/maps-gis. III.Minimum Development Requirements Proposals submitted shall meet the following minimum unit and site requirements: The City will remain flexible to allow a developer to create an innovative design, however, the following minimum design guidelines will be required; A. A target development intensity with a minimum of 30 dwelling units and a maximum of 50 dwelling units. For a minimum affordability period of thirty (30) years. Ineligible Home Types: Senior Housing, Nursing homes, board and care facilities, and supervised living facilities licensed by the State of Iowa, or a delegated local Department of Health are not eligible for funding, nor are properties where residents require a 24-hour plan for supervision and/or medical/health care. Rooming or Boarding Houses, Transitional Housing Units, Homeless Shelters, or Permanent supportive housing units are also not eligible. B. A minimum of 10% of 4-Bedroom units not too exceed six (6) units, unless market study indicates additional units are needed. C. Proposals with floor plans designed as student housing or units with multiple suites per unit will not be considered. D. Preference for smaller scale buildings transitioning to the surroundings, in no event shall a building exceed three (3) stories. E. The design of buildings shall take great care to include high interest design features and building materials that integrate with the residential surroundings. The development features need to be supportive of an integrated environment, such as an orientation to public streets and open spaces, minimize the appearance of large parking areas, include architectural relief and façade treatments that create visual interest, or provide for multiple building of varying types as appropriate to integrate with the surroundings. F. All applicable provisions of the City of Ames Municipal Code, including Zoning Ordinances, Subdivision Regulations, Stormwater, and Building Codes shall apply. 7 G. Installation of a Radon System that meets State and EPA requirements if units require basements. H. Provide High Speed Broadband internet to each dwelling unit. I. Due to CDBG/HOME funds used to acquire and install the public improvements to the site, and HOME funds to be used towards building construction are subject to utilizing Davis Bacon Wage rate and Related Acts as well as other applicable Federal Requirements. J. The City of Ames will complete the rezoning of the site to a Medium Density Planned Unit Development Overlay zoning district prior to April 1, 2023. IV.Developer Minimum Responsibilities/Requirements As part of this request for proposal, the developer agrees to the following minimum responsibilities/ requirements as part of the RFP and to develop the project: A. The selected developer will be responsible for the preparation of conceptual and final development plans at their cost, including but not limited to subdivision, grading, storm water management, building, public improvements, and site development plans. There will be no reimbursement for any expense as part of responding to this RFP. B. The selected developer will be responsible for preparation and submission of the 9% LIHTC application materials at their cost. There will be no reimbursement for any expense as part of the LIHTC application process or for final development plans and permits to be issued by the City. C. The selected developer will be responsible to pay for the construction of any additional infrastructure required to serve the development that is not part of the Baker Subdivision Final Plat. D. Enter into a developer’s agreement with the City of Ames, to prepare a 9% LIHTC application, that includes the terms for the developer’s construction and operation of the project, and the City’s participation in the project, transfer of land for the development of the project, and anticipated start date of the construction. The agreement shall be completed with the City of Ames within days from the date of acceptance of the proposal by the City Council. E. Ensuring consistency with federal requirements and special terms and conditions that will be applicable to all projects due to the use of CDBG funds to acquire the parcel. (See Attachment E). F. The developer will be responsible to ensure that the housing units are constructed on the site as outlined in their proposal through a developer’s agreement with the City of Ames. 8 V. Financial Incentives In support of development of affordable housing on the site, the City will offer the following incentives to the selected developer. A. Lot 27 of the Baker Subdivision (approximately 2.78 acres) at no cost. B. The City of Ames through its HOME program in support of the affordable housing will provide a financial incentive in an amount up to $1.8 million towards the cost of the project. In conformance to the HUD HOME requirements, the $1.8 million is being offered in response to the following proposals considerations: 1.All HOME-assisted Units shall be rented to households with incomes at or between 30%- 50% of the Area Median Income (AMI). (See Attachment A for income limits.) 2.As part of maximizing the number of affordable housing units developed, the developer will be required to include a minimum of 10% of the total number of units be set aside for Section 8 Housing Choice Voucher participants. 3.All HOME-assisted Units must rent at the lesser of the area fair market rents established by HUD or at the high HOME rent limit. For Projects with five or more Units, 20% of the HOME- assisted Units shall rent at the lesser of the fair market rent or the low HOME rent limit. 4.Preference for utilities allowances be included in the rent. 5.The maximum amount of HOME assistance per rental Unit is the HOME Maximum Per-Unit Subsidy Limit found at: https://www.huduser.gov/portal/datasets/home- datasets/files/HOME_RentLimits_State_IA_2022.pdf. 6.For the 2022 Limits for HOME Maximum Pre-Unit Subsidy Limits (see Attachment D) Note: The City of Ames has completed the environmental review processes as required by HUD for the use of HOME funding. Any additional requirements will be completed by the City of Ames. 9 VI.Competitive Requirements and Scoring A. Competitive Requirements The City of Ames is seeking to maximize its development efforts. Developers are urged to create an exciting and imaginative project. The Evaluation Committee will evaluate the elements of the proposal related to design, style, features, costs, timing, in relation to the described criteria. 1. Applicant/Developer Capability and Track Record (including partners). The applicant’s track record, including whether the applicant and/or development team has successfully completed and/or operated a similar type LIHTC project. Capacity to undertake new or additional projects; ability to secure construction financing; the developer’s approach, plan of work, recommended schedules, and suggested responsibility assignments (30 points); 2.Quality of References. Qualification and experience in providing the requested development as exemplified by past projects and client contracts. (including other communities, Iowa Finance Authority, Federal Home Loan Bank and or Iowa Department of Economic Development) (20 points); 3.Housing variety and architectural styles (20 points) 4.Property management experience – number of units managed; years of experience; the number of affordable units managed and the performance record. Familiarity of the various funding sources for housing development and rental subsidies. (20 points) 5.Feasibility (pro-forma including project funding sources) (25 points); 6.Percentage of Affordable Housing Units at or below 50% of AMSA income limits, with an intent to exceed minimum requirements of the residential category scoring in the QAP (25 points) VII.Security Requirements The City of Ames has a performance responsibility to ensure that that the affordable rental housing units are constructed consistent with the LIHTC program and CDBG/HOME program rules and regulations. As a means to ensure that the City's investment in land and infrastructure creates the desired types of housing, the City will require security in the following form: A. As security for the performance for the construction of all rental housing units, the City will retain ownership of the parcel, and convey by quit claim deed to the Developer as those rental units are substantially completed in accordance with this Request for Proposal and the Development Agreement. The Developer may propose an alternative performance security for consideration with the RFP. 10 VIII.Submittal Requirements All proposals with supporting documentation must be a delivered to the City of Ames no later than 2:00 p.m. (local time) on Tuesday, January 17, 2023 in one of the following formats: 1.Email submission in pdf format to Karen Server at karen.server@cityofames.org 2.Mail to and postmarked to the City of Ames, Purchasing Division (1st Floor), City Hall, PO 811, Ames, IA 50010. 3.Delivered to the City of Ames Purchasing Division (1st Floor), City Hall, 515 Clark Ave, Ames, IA. No verbal or faxed submittals will be accepted. Submittals shall have a subject line of “Baker Subdivision-Ames, IA” LIHTC Housing Development Proposal”. All late or incomplete submittals will be rejected. The following information is provided for guidance to prospective Builders/Developers. A. Proposals must contain, at a minimum, the following information: 1. Developer’s statement providing an overview of their proposed project including goals and timelines. 2.A development plans, including the following items: a. Conceptual site layout that identifies building size and locations, access point, parking, landscaping, and storm water. b. Representative architectural elevations and floor plans. c.Summary of plan types for total finished square footage, number of bedrooms, number and type of bathrooms, and square footage of any unfinished areas; and 3.A statement reflecting the proposed timing of improvements and the proposed date of completion of these improvements for the site 4.Summary of energy conservation and green building features. 5.Explanation of expected success for LIHTC application, including estimated 2023 QAP Scoring of the Project. B. The proposal must be signed by an official of the corporation authorized to bind the offer. C. The proposal must contain a statement to the effect that the proposal is firm for a period of not less than 60 days after the closing date of this request and through negotiations. D. The proposal must be submitted in pdf or in hard copy. E. The proposal shall contain the full name of the person, firm, or corporation submitting the proposal and the address of the person, firm, or president of the corporation. F. No officer, member, or any other person holding any position with the City of Ames, Iowa, either appointed or elected, shall be or shall become interested directly or indirectly with the person, firm, or corporation submitting a proposal or in any portion of the profits derived by the selected developer from this project. This exclusion does not pertain to persons who are appointed to State-created authorities. 11 G. Project Pro Forma and Estimated Construction Costs. Include which incentives are requested to support the proposed project. Remember to account for construction estimates with federal Prevailing Wage requirements for any, and all site related improvements and building construction as required per HUD CDBG requirements. H. Identify partners and members of the development team. I. Submit a portfolio of successful projects for the development team from the last 10 years, identify any representative examples similar to the scope of the submitted proposal. J. Identify in a separate document the areas where the proposal meets each of the selection criteria and the competitive requirements and scoring. IX.Review Process and Selection Criteria A. All proposals will be reviewed by City staff for eligibility, completeness, and feasibility. B. Proposals that are deemed ineligible or infeasible will not be considered and will not be forwarded to the Evaluation Committee. The developer will be notified by e-mail. C. Proposals which pass the minimum requirements will be evaluated by the Evaluation Committee. The members of the committee will score each proposal. A proposal must be deemed responsive to the Request for Proposal to be referred to the City Council. D. Evaluation of Proposals: Applications will be evaluated on the scoring criteria outlined under Section VII “Competitive Requirements and Scoring”. The Evaluation Committee will have the option to conduct on site interviews with developers. E. Evaluation Selection Process The selection of the preferred developer will utilize the following steps: After the staff review, the Evaluation Committee evaluates each proposal, a report will be prepared for City Council that will contain background information and factual data for each proposal, a scoring of the attributes of the proposals, and the Evaluation Committee recommendation regarding which developer’s proposal should be selected as the preferred developer. The final selection will be based on: 1. The City Council’s determination of the best proposal that meets the goals and objectives of the City; 2.A satisfactory agreement between the preferred developer and the City is finalized; 3.A completed verification of the qualifications of the proposed developer. 12 X. Contract Negotiations: The City reserves the right to reject any and all proposals and to negotiate the terms of the contract, including the award amount, with the selected developer(s) prior to entering into a written agreement. XI.Questions/Contact Persons: Questions concerning the content of this proposal, or the review process may be directed to Karen Server, by mail at City of Ames, Purchasing Division; P.O. Box 811, Ames, IA 50010; by email at karen.server@cityofames.org; or by phone at 515-239-5127. XII.Definitions Certain words or phrases in this document are critical to a thorough understanding of the objectives and goals of the City for this project. The following definitions are offered to aid prospective developers in the preparation of this Request for Proposals. A. Builder/Developer: Any individual, corporation, partnership, non-profit organization, or similar entity that has expressed an interest, or has been identified as having an interest, in providing those private services that are necessary in creating housing. B. City: This means the City of Ames, Iowa, its elected and appointed officials, and all staff persons employed by the City of Ames. C. Community Development Block Grants (Entitlement). Under this program HUD directly provides annual CDBGs on a formula basis to “entitled” communities (populations over 50,000) to carry out a wide range of community development activities directed toward neighborhood revitalization, economic development, and improved community facilities and services. D. Davis-Bacon and Related Acts. The Davis-Bacon and Related Acts apply to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Davis-Bacon Act and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. The Davis-Bacon Act directs the Department of Labor to determine such locally prevailing wage rates. The Davis-Bacon Act applies to contractors and subcontractors performing work on federal or District of Columbia contracts. The Davis-Bacon Act prevailing wage provisions apply to the “Related Acts,” under which federal agencies assist construction projects through grants, loans, loan guarantees, and insurance. For prime contracts in excess of $100,000, contractors and subcontractors must also, under the provisions of the Contract Work Hours and Safety Standards Act, as amended, pay laborers and mechanics, including guards and watchmen, at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. The overtime provisions of the Fair Labor Standards Act may also apply to DBA-covered contracts. 13 E. HUD: The Department of Housing and Urban Development or its designee. F. HOME: The HOME Investment Partnerships Program (HOME) is a type of United States federal assistance provided by the U.S. Department of Housing and Urban Development (HUD) to States in order to provide decent and affordable housing, particularly housing for low- and very low-income Americans.[1] It is the largest Federal block grant to States and local governments designed exclusively to create affordable housing for low-income families. G. Low Income Housing Tax Credit (LIHTC): The federal low-income housing tax credit program acts as an incentive for property owners to invest in the development of rental housing for individuals and families with fixed or limited incomes. The housing tax credit provides a dollar- for-dollar reduction (or credit) to offset an owner’s federal tax liability on ordinary income for a 10-year period. This tax credit often provides the last critical element to ensure the financial feasibility of the project. H. Lower-Income Family: A family whose annual income does not exceed 80% of the median income for the Ames Metropolitan Statistical Area (MAS), as determined by HUD. I. Project: Those activities, whether public or private, that have been determined to be necessary to complete the Housing Development. J. Restrictive Covenant. A provision in a deed limiting the use of the property and prohibiting certain uses. K. Subdivision Ordinance: Chapter 23 of the Ames Municipal Code. L. Submittals: Those written and graphic documents prepared by developers that explain the strategy, approach, and specific elements that a developer proposes to use in meeting the City's goals for the affordable housing subdivision. M. Zoning Ordinance: Is defined as Chapter 29 of the Municipal Code, which is to include all amendments thereto. 14 Attachment A 2022 Program Income Limits (subject to change) Family Size Gross Income Cannot Exceed 1 $56,300 2 $64,350 3 $72,400 4 $80,400 5 $86,850 6 $93,300 7 $99,700 8 $106,150 60% of Ames, Iowa MSA Family Size Gross Income Cannot Exceed 4 $60,300 8 $79,620 50% of Ames, Iowa MSA (Very Low Income) 2 $40,200 3 $45,250 6 $58,300 7 $32,350 15 30% of Ames, Iowa MSA (Extremely Low Income) Family Size Gross Income Cannot Exceed 2 $24,150 3 $27,150 4 $30,150 6 $35,000 7 $37,400 8 $39,800 Effective June 15, 2022 16 Attachment B Rental Housing Development for Baker Subdivision located on Lot 27 Site & Development Information The following items are intended to help provide initial background on development constraints or requirements that may affect proposals for development of the property. The list below is preliminary guidance for prospective developers. The guidance should not be viewed as final or a complete assessment of requirements to meet all development standards. All improvements must meet the City’s standard specifications. Streets •Tripp Street will be the only access to this site. The developer is responsible for the driveway approach connection to Tripp Street and necessary sidewalk replacement. Storm water •All impervious surfaces (public improvements and private improvements) must meet the storm water control and treatment requirement of Chapter 5b of Ames Municipal Code. This includes sizing and development controls for storm water facilities. •Regional stormwater detention facilities about the site in Outlot Z and are intended to meet the primary storm water treatment needs for this site. The developer will need to confirm the sizing of the facility in Outlot Z meets their needs or provide for storm water treatment on site. The owner of Lot 27 will be required to do regular maintenance of the storm water facility, e.g., mowing, while the City is responsible for long term maintenance. Utilities •The area is within the Ames Electric Service Territory and will be served by Ames Electric. Developer is responsible for provide service to the project. See note below on Geothermal. •Natural Gas does not about the site. Any desired extension of natural gas service to the site would be a cost of the development. •Water lines exist along Tripp Street. Water to the site must be provided by the developer by connecting to the existing public water main underneath Tripp Street. Note that any fire hydrant located on site requires a public water main connection. •Sanitary sewer lines exist along the east property line of the site. The developer will be responsible for connecting the site to the sanitary sewer along the east property line. Flood Plain- College Creek abuts the site to the south. Lot 27 was designed to be located outside of the 100-year flood plain based upon current flood plain insurance rate maps (FIRM). Zoning- The Site is zoned R-L. The City understands rezoning of the site is necessary to provide for multi-family or attached single-family housing. The City will be responsible for rezoning of the site to an appropriate zoning district to match the proposed development concept. Compliance with City parking, landscaping, setbacks, and other development standards will be required regardless of the underlying zoning district. 17 Attachment C District Geothermal Heating & Cooling System Ames Electric will be installing a geothermal heating & cooling system in Baker Subdivision which will serve this property. This system will deliver an environmentally friendly reliable heating and cooling source year-round. Ames Electric will determine the location of the system once the final building designs and locations have been approved by the City of Ames. •The developer is responsible for providing adequate space for geothermal metering equipment and heat exchanger(s) within the building’s mechanical room. •The developer is responsible for providing the appropriate mechanical systems in each unit or building (heat pump(s) to properly deliver the heating and cooling process from the district geothermal heating & cooling system to each unit. •The water heating systems for the building(s) will be required to be connected to the district geothermal heating & cooling system. Previous editions are obsolete 18 Attachment D 19 Attachment E City of Ames and CDBG Special Terms and Conditions CITY OF AMES SPECIAL CDBG CONTRACT PROVISIONS All contracts as a result from the submittal of this proposal will be subjected to the following contract conditions for Rehabilitation/New Construction/Demolition Projects: $100,000+ and required HUD certification forms. **Provisions apply to projects less than 8 units. I. ACCESS TO RECORDS AND RECORDS RETAINAGE. A. Records to be kept. Records shall be maintained in accordance with requirements prescribed by HUD or the City with respect to all matters covered by this contract. Except as otherwise authorized by HUD, such records shall be maintained for a period of five (5) years after receipt of the final payment under this contract. B. Documentation of Costs. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers, orders, or other accounting documents. All documents pertaining in whole or in part to this contract shall be clearly identified and readily accessible. C. Inspection of Records. At any time during normal business hours and as often as the City, HUD and/or the Comptroller General of the United States may deem necessary, the Contractor shall make available to the City, HUD and/or representatives of the Comptroller General for examination all of its records, with respect to all matters covered by this contract, and will permit the City, HUD and/or representatives of the Comptroller General to audit, examine and make excerpts or transcripts from such records including contracts, invoices, materials, payrolls, records II.LOBBYING. A. The Contractor certifies, to the best of his or her knowledge and belief, that: 1.No federally appropriated funds have been paid or will be paid, by or on behalf of the Contractor, 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 the awarding of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. 2.If any funds other than federally 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 Contractor 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. 4.This certification is a material representation of fact upon which reliance was placed when this contract was made or entered into. Agreement to this certification is a prerequisite for making or entering into this contract imposed by Section 1352, title 31, U.S. Code. Any person or agency that makes an expenditure prohibited by this section is subject to a civil penalty from $10,000 up to $100,000 for each failure. This penalty also applies to any person or agency that fails to submit or amend the disclosure form (LLL), when required. Failure to submit the required certification may result in payment under this contract being delayed or denied. III.DISCRIMINATION Contractors shall comply with all relevant requirements of the following federal laws and regulations dealing with discrimination in federally assisted programs: 1.Title VI of the Civil Rights Act of 1964 (42 U.S.C. 20000d) which provides that no person shall, on the ground of race, color, or national origin, be excluded from employment or participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 2.Section 109 of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5309) and regulations at CFR 570.602 which provide that no person shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, be denied employment in, or be subjected to discrimination under any CDBG program or activity. 3.Section 504 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. 794) which provides that no otherwise qualified handicapped individual shall, solely by reason of his/her handicap, be excluded from the participation in, be denied the benefits of, be denied employment in, or be discriminated against under any program or activity receiving federal assistance. 4.Age discrimination Act of 1975, as amended (42 U.S.C. 6101) which provides that no person shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance. 5.Americans with Disabilities Act (P.L. 93-112, 29 U.S.C. 794). Provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 6.Federal Executive Order 11246, as amended by Executive Order 11357. Provides that no one be discriminated in employment. 7.Executive Orders 11625, 12432, 12138 provide that, the City of Ames, shall take affirmative steps to ensure that small, minority, and women owned businesses and enterprises are utilized when possible as sources of supplies, equipment, construction, and services. You are encouraged to solicit minority and women businesses for any subcontract work that maybe needed on this project. A List of Minority Business Enterprises/Women-Owned Business Enterprises and clearinghouses are included in this bid pack and are also available at: www.dia.iowa.gov/tsbl/. 8.Iowa Code Section 19B.7. This prohibits discriminatory and unfair practices within any program receiving or benefiting from state financial assistance in whole or in part. 9.Iowa Code chapter 216 Effective July 1, 2007, the Iowa Civil Rights Act was expanded to add sexual orientation and gender identity to the list of protected classes. 10.Executive Order 11246, as amended by Executive Order 12086, and regulations in 41 CFR 60, which provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of federally assisted construction contracts and subcontracts. Contractors and subcontractors shall take affirmative action to ensure fair treatment in employment, including recruitment, training, promotion, demotion, transfer, layoff, termination, and pay. a.The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, 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, 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 of 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 by the contracting officer setting forth the provisions in this nondiscrimination clause. b.The Contractor will, in all solicitations or advertisement 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 or national origin. c.The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advertising the labor union or worker’s representative of the Contractor’s commitments under 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. d.The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e.The Contractor will furnish all information and reports required by Executive Order No. 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. f.In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, and 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, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g.The Contractor will include the provisions of paragraphs (1) through (7) 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 No. 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 subcontractor or purchase order as the contracting agency and may direct the subcontractor or vendor as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contract becomes involved in, or threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. IV.SECTION 3 of the HOUSING AND URBAN DEVELOPMENT ACT of 1968, as amended (12 U.S.C. 1701u), and regulations at 24 CFR Part 135. The Contractor shall comply with the following provisions: A. Section 3 requires that, to the greatest extent possible: 1. Training and employment opportunities shall be made available to low- income residents of the metropolitan area in which the project is located; and 2. Subcontracts shall be awarded to businesses owned by low-income residents or to businesses in which at least 30% of their permanent employees are low-income residents. B. Contractors and subcontractors shall be required to provide to the City plans for complying with these provisions and reports on the extent to which they have met them. C. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project. The Contractor will not subcontract with any subcontractor where it has notice that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided a preliminary statement of ability to comply with the requirements of these regulations. V. LABOR STANDARDS. Contractors shall comply with all relevant requirements of the following federal laws and regulations dealing with labor standards in federally assisted programs: A. Copeland "Anti-Kick Back Act" (18 U.S. C. 876) as supplemented in Department of Labor regulations (29 CFR Part 3). This Act provides that the Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. B. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.). Contracts awarded by grantees and subgrantees in excess of $2,000 which involve the employment of mechanics or laborers shall comply with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department of Labor Regulations contained in 29 CFR Parts 3, 5 and 5a. 1.Under Section 103 Of the Act, the Contractor and any of his subcontractors, shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of forty hours. Work in excess of the standard work week is permissible, provided the worker is compensated 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 any work week. 2.Section 107 of the Act provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to his health and safety, as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market. VI.CLEAN, WATER, CLEAN AIR, E.O. 11738 and EPA Regulations Provision Compliance with Air and Water Acts apply to assisted construction contracts and related subcontracts exceeding $100,000. In compliance with Section 306 of the Clean Air Act, as amended, (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended, (33 U.S.C. 1368), Executive Order 11738, and the EPA Regulations (40 CFR, part 15)of the Environmental Protection Agency with respect thereto the Contractor agrees that during the performance of this contract, the Contractor agrees as follows: A. The Contractor will certify that any facility to be utilized in the performance of this contract or any subcontract shall not be a facility listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20.5 B. The Contractor agrees to comply with all requirements of Section 306 of the Clean Air Act, as amended, and Section 508 of the Clean Water Act, as amended, and all regulations and guidelines issued there under. C. The Contractor agrees that as a condition for the award of the contract, prompt notice will be given to the City of any notification received from the EPA Office of Federal Activities, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. D. The Contractor agrees that it will include or cause to be included the criteria and requirements in the provisions of paragraph 1 through 4 of this subpart in every nonexempt subcontract and take such action as the Government may direct as a means of enforcing such provisions. VII.LEAD BASED PAINT. The use of lead-based paint in the federally assisted construction or rehabilitation of residential structures (including day cares, senior centers, and community facilities) is prohibited by Section 401(b) of the Lead-Based Paint Poisoning Prevention Act [42 U.S.C. 4831(b)] and regulations in 24 CFR 35B. To the extent that contracted work involves residential structures, the Contractor and subcontractors must follow the new regulations issued under sections 1012 and 1013 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, which is Title X ("ten") of the Housing and Community Development Act of 1992. Sections 1012 and 1013 of Title X amended the Lead-Based Paint Poisoning Prevention Act of 1971, which is the basic law covering lead-based paint in federally associated housing. The new regulation appears within title 24 of the Code of Federal Regulations as part 35 (24 CFR 35). A. The Contractor and subcontractors shall not use lead-based paint in residential structures and shall eliminate any lead-based paint hazards in residential structures rehabilitated. B. At a minimum the Contractor and subcontractors must comply with the Lead Hazard Reduction Methods in 24 CFR 35.1330 and 1325. C. All workers involved in the disturbance of lead-based paint bearing surfaces should be trained in lead safe work practices. D. At the conclusion of residential rehabilitation, the property must pass a lead hazard clearance test by a certified technician and lab. The lead level must meet the federal and North Carolina standard lead level threshold for Childhood Lead Exposure Act of North Carolina and the Environmental Protection Agency. Clearance is not required if rehabilitation did not disturb painted surfaces of a total area more than that set forth in 24 CFR 35.1350(d). VIII.USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS. CDBG funds shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any Contractor or sub-recipient during any period of debarment, suspension or placement in ineligibility status under the provisions of 24 CFR Part 24. (Government Debarment and Suspension Regulations). IX.CONFLICT OF INTEREST. A. Interest of Members, Officers, or Employees of the Recipient, Members of Local Governing Body, or Other Public Officials. No member, officer, or employee of the recipient, sub-recipient, or its agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any financial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. Immediate family members of said members, officers, employees, and officials are similarly barred from having any financial interest in the program. This provision shall be incorporated in all such contracts or subcontracts. B. Contractor's Responsibilities. The Contractor shall take appropriate steps to assure compliance with paragraph (A) of this section, and will incorporate the following provision into every sub-contract: Interest of Sub-Contractor and Employees. The Sub-Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the Community Development Block Grant Program has any personal financial interest, direct or indirect, in this Contract. Any interest on the part of the Sub-Contractor or his employees must be disclosed to the Recipient and the City, provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation by residents of the area." X. DISPUTES, DEFAULT AND TERMINATION A. Disputes. In the event of dispute arising under this Contract, the Contractor shall notify the City promptly in writing of their contentions and submit the claim. If the dispute arises before performance of the related work, the written notice shall be submitted prior to commencing such work. In any event, the Contractor shall proceed with such work in compliance with the instructions of the City; such compliance shall not be a waiver of the Contractor's rights to make a claim, provided they have notified the City in writing as above stipulated. B. Default and Remedies. 1.Default shall consist of any failure by the Contractor to perform under this contract or written amendments thereto or any breach of any covenant, agreement, provision, or warranty provided by the Contractor as a part of this contract. Actions which constitute a default include, but are not limited to: a. Failure to submit to the City reports which are required pursuant to this contract or the submission of required reports that are incorrect or incomplete. b.Submission of requests for payment or reimbursement of amounts that are incorrect or incomplete. c.The failure of the Contractor to accept any additional conditions which may be provided by law, by executive order, by regulation or by other policy announced by the City, the state or any federal agency. d.Failure to perform any activity required by this contract. i.Upon occurrence of any default, the City shall advise the Contractor in writing of the action constituting the default and specify the actions that must be taken to cure the default. The City may suspend payment under the contract. If a default is not cured within 30 days from receipt of written notice of such default by the Contractor, the City may continue the suspension or, by written notice of termination, may terminate the contract. ii.Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damage sustained by the City by virtue of any default or breach of the contract; and the City may deduct the amount of damages from any outstanding payments to the Contractor or may withhold payments until such time as the exact amount of the damages is determined. C. Termination. 1.If federal funding for this project is terminated and no other funding is available for continuation of this project, the City will not be obligated to continue funding for the services contained in this contract and may terminate the contract. 2.In the event of termination, all property and finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by or purchased with CDBG funds by the Contractor under this contract shall, at the option of the City, become its property and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. 3.Owner May Terminate for Cause a. The occurrence of any one of more of the following events will justify termination for cause: i.Contractor’s persistent failure to perform the work in accordance with the contract documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials); ii.Contractor’s disregard of laws or regulations of any public body having jurisdiction; iii.Contractor’s disregard of the authority of owner’s representative; or iv.Contractor’s violation in any substantial way of any provisions of the contract documents. b.If one or more of the events identified in this section occur the Owner, after giving Contractor seven days written notice of its intent to terminate the services of Contractor, may: i.Exclude Contractor from the site, and take possession of the work and of all Contractor’s tools, appliances, construction equipment, and machinery at the site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); ii.Incorporate in the work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere; and iii.Complete the work the Owner may deem expedient. 4.If Owner proceeds as provided in this section, Contractor shall not be entitled to receive any further payment until the work is completed. If the unpaid balance of the contract price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the work, such excess will be paid to Contractor. If such claims costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed as to their reasonableness and, when so approved, incorporated in a Change Order. When exercising any rights or remedies under this section, Owner shall not be required to obtain the lowest price for the work performed. 5.Notwithstanding section Standard Terms and Conditions, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure with no more than 30 days of receipt of said notice. 6.Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. 7.Owner May Terminate For Convenience a. Upon seven days written notice to Contractor, Owner may, without cause and without prejudice to any right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): i.Complete and acceptable work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such work; ii.Expenses sustained prior to the effective date of termination in performing services and furnishing labor, material or equipment as required by the Contract Documents in connection with uncompleted work, plus fair and reasonable sums for overhead and profit on such expenses; iii.All claims, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with subcontractors, suppliers, and others; and iv.Reasonable expenses directly attributable to termination. 8.Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. Previous editions are obsolete Page 1 of 3 Contract Provisions Required by U. S. Department of Housing OMB Approval No. 2577-0157 Federal Law or Owner Contract with the U.S. Department of Housing and Urban Development and Urban Development Office of Public and Indian Housing (exp. 3/31/2020) Public reporting burden for this collection of information is estimated to average 3 hours per response, including the time for reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. These contracts between a HUD grantee (housing agency (HA)) and an architect/engineer (A/E) for design and construction services do not require either party to submit any materials to HUD. The forms provide a contractual agreement for the services to be provided by the A/E and establishes responsibilities of both parties pursuant to the contract. The regulatory authority is 24 CFR 85.36. These contractual agreements are required by Federal law or regulation pursuant to 24 CFR Part 85.36. Signing of the contracts is required to obtain or retain benefits. The contracts do not lend themselves to confidentiality. 1.1 Contract Provisions Required by Federal Law or Owner Contract with the U.S. Department of Housing and Urban Development (HUD). 1.2 Contract Adjustments. Notwithstanding any other term or condition of this Agreement, any settlement or equitable adjustment due to termination, suspension or delays by the Owner shall be negotiated based on the cost principles stated at 48 CFR Subpart 31.2 1.7 Conflicts of Interest. Based in part on federal regulations (24 CFR 85.36(b)) and Contract agreement between the Owner and HUD, no employee, officer, or agent of the Owner (HUD grantee) shall participate in selection, or in the award or admin- istration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. and conform to the Contract pricing provisions of 24 CFR 85.36 (f). Such a conflict would arise when: (i) The employee, officer or agent, 1.2 Additional Services. The Owner shall perform a cost or price analysis as required by 24 CFR 85.36 (F) prior to the issuance of a contract modification/amendment for Additional Services. Such Additional Services shall be within the general scope of services covered by this Agreement. The Design Professional shall provide supporting cost information in sufficient detail to permit the Owner to perform the required cost or price analysis. 1.3 Restrictive Drawings and Specifications. In accordance with 24 CFR 85.36(c)(3)(i) and contract agreements between the Owner and HUD, the Design Professional shall not require the use of materials, products, or services that unduly restrict competition. 1.4 Design Certification. Where the Owner is required by federal regulations to provide HUD a Design Professional certification regarding the design of the Projects (24 CFR 968.235), the Design Professional shall provide such a certification to the Owner. 1.5 Retention and Inspection of Records. Pursuant to 24 CFR 85.26(i)(10) and (11), access shall be given by the Design Profes- sional to the Owner, HUD, the Comptroller General of the United States, or any of their duly authorized representatives, to any books, documents, papers, and records of the Design Professional which are directly pertinent to that specific Contract for the purpose of making an audit, examination, excerpts, and transcriptions. All required records shall be retained for three years after the Owner or Design Professional and other subgrantees make final payments and all other pending matters are closed. 1.6 Copyrights and Rights in Data. HUD has no regulations pertaining to copyrights or rights in data as provided in 24 CFR 85.36. HUD requirements, Article 45 of the General Conditions to the Contract for Construction (form HUD-5370) requires that contractors pay all royalties and license fees. All drawings and specifications prepared by the Design Professional pursuant to this contract will identify any applicable patents to enable the general contractor to fulfil the requirements of the construction contract. (ii) Any member of his or her immediate family, (iii) His or her partner, or (iv) An organization that employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The grantee’s or subgrantee’s officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from Contractors, or parties to sub-agreements. Grantees and subgrantees may set minimum rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. To the extent permit-ted by State or local law or regulations, such standards or conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the grantee’s and subgrantee’s officers, employees, or agents or by Contractors or their agents. The awarding agency may in regulation provide additional prohibitions relative to real, apparent, or potential conflicts of interest. Neither the Owner nor any of its contractors or their subcontractors shall enter into any Contract, subcontract, or agreement, in connection with any Project or any property included or planned to be included in any Project, in which any member, officer, or employee of the Owner, or any member of the governing body of the locality in which the Project is situated, or any member of the governing body of the locality in which the Owner was activated, or in any other public official of such locality or localities who exercises any responsibilities or functions with respect to the Project during his/her tenure or for one year thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee of the Owner, or any such governing body member or such other public official of such locality or localities involuntarily acquires or had acquired prior to the beginning of his/her tenure any such interest, and if such interest is immediately disclosed to the Owner and such disclosure is entered upon the minutes of the Owner, the Owner, with the prior approval of the Government, may waive the prohibition contained in this subsection: Provided, That any such present member, officer, or employee of the Owner shall not participate in any action by the Owner relating to such contract, subcontract, or arrangement. form HUD-51915-A (1/2014) form HUD-51915-A (1/2014) Previous editions are obsolete Page 2 of 3 No member, officer, or employee of the Owner, no member of the governing body of the locality in which the project is situated, no member of the governing body of the locality in which the Owner was activated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the project, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof. 1.8 Disputes. In part because of HUD regulations (24 CFR 85.36(i)(1)), this Design Professional Agreement, unless it is a small purchase contract, has administrative, contractual, or legal remedies for instances where the Design Professional violates or breaches Agreement terms, and provide for such sanctions and penalties as may be appropriate. 1.9 Termination. In part because of HUD regulations (24 CFR 85.36(i)(2)), this Design Professional Agreement, unless it is for an amount of $10,000 or less, has requirements regarding termination by the Owner when for cause or convenience. These include the manner by which the termination will be effected and basis for settlement. 1.10 Interest of Members of Congress. Because of Contract agreement between the Owner and HUD, no member of or delegate to the Congress of the United States of America or Resident Commissioner shall be admitted to any share or part of this Contract or to any benefit to arise from it. 1.11 Limitation of Payments to Influence Certain Federal Trans- action. The Limitation on Use of Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions Act, Section 1352 of Title 31 U.S.C., provides in part that no appropri- ated funds may be expended by recipient of a federal contract, grant, loan, or cooperative agreement to pay any person, includ- ing the Design Professional, for influencing or attempting to influence an officer or employee of Congress in connection with any of the following covered Federal actions: 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 modifi- cation of any federal contract, grant, loan, or cooperative agree- ment. 1.12 Employment, Training, and Contracting Opportunities for Low- B. The parties to this contract agree to comply with HUD’s regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other im- pediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the contractor’s commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employ- ment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcon-tract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 CFR part 135. F. Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. Reserved. Income Persons, Section 3 of the Housing and Urban Devel H. Reserved. opment Act of 1968. 1.13 Reserved. A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 1.14 Clean Air and Water. (Applicable to contracts in excess of $100,000). Because of 24 CFR 85.36(i)(12) and federal law, the Design Professional shall comply with applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. § 1857h-4 transferred to 42 USC § 7607, section 508 of the Clean Water Act (33 U.S.C. § 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15), on all contracts, subcontracts, and subgrants of amounts in excess of $100,000. form HUD-51915-A (1/2014) Previous editions are obsolete Page 3 of 3 1.15 Energy Efficiency. Pursuant to Federal regulations (24 C.F.R 85.36(i)(13)) and Federal law, except when working on an Indian housing authority Project on an Indian reservation, the Design Professional shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163 codified at 42 U.S.C.A. § 6321 et. seq.). 1.16 Prevailing Wages. In accordance with Section 12 of the U.S. Housing Act of 1937 (42 U.S.C. 1437j) the Design Professional shall pay not less than the wages prevailing in the locality, as determined by or adopted (subsequent to a determination under applicable State or local law) by the Secretary of HUD, to all architects, technical engineers, draftsmen, and technicians. 1.17 Non-applicability of Fair Housing Requirements in Indian Housing Authority Contracts. Pursuant to 24 CFR section 905.115(b) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4), which prohibits discrimination on the basis of race, color or national origin in federally assisted programs, and the Fair Housing Act (42 U.S.C. 3601-3620), which prohibits discrimination based on race, color, religion, sex , national origin, handicap, or familial status in the sale or rental of housing do not apply to Indian Housing Authorities established by exercise of a Tribe’s powers of self- government. 1.18 Prohibition Against Liens. The Design professional is Prohib- ited from placing a lien on the Owner’s property. This prohibition shall be placed in all design professional subcontracts. 1 FISCAL YEAR 2023/24 CITY COUNCIL BUDGET ISSUES Near the beginning of each year’s budget preparation cycle, the City Manager and Finance staff present the City Council with a budget overview. This presentation has four main purposes: 1.Present the “big picture” of the coming year’s budget, including factors that may later impact the Council’s budget decisions 2.Share budget-related input and requests that have been received from local citizens and organizations 3.Seek Council direction on select components of the budget (e.g., overall funding levels for human services and arts) 4.Receive any general funding or service level direction that Council wishes to incorporate into the budget OVERALL ECONOMIC CONDITION OF THE CITY Economic conditions for the City of Ames were resilient through the pandemic, putting the City in an advantageous position for the future, which is particularly important given the current inflationary pressures and economic uncertainty across the country. The City’s current valuation of $5.5 billion represents a 19% increase over the past five years, which is expected to continue given the current economic development projects underway or those in the planning stages. The City’s financial position coming out of FY 21/22 demonstrated the City’s commitment to prudent fiscal management, as indicated by the healthy fund balances. Staff expects a modest increase in property valuation, which will have a positive financial impact on the City’s general fund budget. A shift in the residential rollback will impact taxable valuations for residential property, increasing from 54.13% to 56.49% of total valuation. Additionally, the FY 23/24 will represent the first year of the change to the commercial and industrial property valuation system, as noted in the property tax section below. Continued changes in this system at the statehouse raise the complexity of forecasting the City’s finances, making it increasingly important to remain diligent in revenue-raising flexibility. This flexibility is crucial to maintain the City’s Aa1 rating for the City’s general obligation debt, thereby limiting the city’s future borrowing costs. Staff is anticipating higher than average increases in health care costs at 8% and expect the current level of general inflation to slow while specific supplies and services still experiencing supply chain challenges or general scarcity may still result in increased costs. Item No. 46 CHANGES TO THE IOWA PROPERTY TAX SYSTEM During the 2022 Legislative Session, the State of Iowa passed HF 2552, which resulted in additional changes to the state’s property tax valuation system. The most significant component of the bill was the conversation of the Business Property Tax Credit system to a permanent automatic rollback reduction on the first $150,000 of property tax valuation for all commercial, industrial, and rail property owners. Under the previous system, property classified as commercial, industrial, or railroad was eligible for a tax credit for an initial portion of property value. The tax credit process ensured that the specified amount of each business property valuation was taxed in the same manner as residential property. To qualify for the credit, the owner was required to submit an initial application required only in the first year. For the assessment year 2020 (FY 2022), the initial value to which the tax credit was applied was roughly $235,000. Under the new law, the Business Property Tax Credit system was eliminated and replaced with a new valuation system for commercial, industrial, and rail properties. Beginning in FY 2024 the first $150,000 of commercial, industrial, and rail valuation will be taxed at the residential rollback rate, while the remainder of the valuation will continue to be taxed at 90% of the assessed value. To limit the impact of the rollback on local governments, the bill included a standing appropriation of $125 million to cover lost revenue. The State Legislative Services Agency estimates that the funding will cover the total program cost through FY 2029. At this time, the appropriation will be prorated, resulting in a negative impact on the City’s revenue. Also impacting the City’s property tax collection is the continued implementation of the backfill elimination associated with the rollback of commercial and industrial property valuation. Beginning in FY 2015 the state revised the valuation process for commercial and industrial property through a rollback, or limitation order, that reduced the taxable valuation for commercial and industrial property to 95% in FY 2015 and 90% in FY 2016. To minimize the impact on local governments, the state created a standing appropriation to reimburse local governments for the property tax reductions resulting from the new rollback. The “backfill” was funded at 100% by the legislature for fiscal years 2015-2022, capped at the FY 2017 level. In the fiscal year 2021, the Iowa Legislature passed legislation phasing out-out the “backfill” funds over a five or eight-year period. The tax valuation growth rate of each city determines the phase-out period. Cities whose average property tax valuation growth rate increased by more than 34.14% for FY 2021 compared to FY 2014 will receive a five-year phase-out. Cities with a lower than 34.14% will receive an eight-year phase-out. The reduction in the backfill is phased out evenly each year, based on the growth rate. The City of Ames experienced 37.0597% growth during the noted period, resulting in a five-year phase-out of $976,583. FY 2024 is the third year of the phase-out, which will result in a decrease in backfill funds of $195,316 when compared to FY 2023. It should be noted that the City of Ames had planned for this issue by keeping additional reserves in the general fund. The following are the rollback percentages as issued by the Iowa Department of Revenue for the past four years. Rollback Percentage Rates Property Class FY 21/22 FY 21/22 FY 22/23 FY 23/24 FAIR MARKET VALUE ADJUSTMENT On March 2, 2015, the Governmental Accounting Standards Board (GASB) released statement No. 72, Fair Value Measurement and Applications. The new standard requires state and local governments to measure investments at fair market value, defined as the price that would be received from the sale of an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date. Essentially, the City must mark up or down the value of the City’s investments at the date of measurement, which is completed every quarter and provided to the Council as part of the quarterly investment report. The City holds a variety of investments, but the primary holdings are federal treasury bonds and federal agency bonds. These two combined investment classes make up nearly 90% of the City’s investment portfolio. Since March 2022, the Federal Reserve has approved aggressive rate increases in the federal fund rate in an attempt to curb inflationary pressures. This has resulted in an increase in bond yield, meaning the City’s current holdings are valued at less in the bond market than when purchased. While this would be a significant issue was the City to actively trade securities, the City takes a purchase-and-hold philosophy. This means that once the City purchases an investment, it holds those investment to maturity. As the current investments mature and the bond market calms, the City’s unrealized gain or loss should fall in line with historical averages. In the meantime, staff intends to continue to review its investment strategy to ensure the City is considering all market indicators and generating the best return possible. GENERAL FUND The General Fund ended FY 2021/22 with a balance of approximately $14.3 million. This created a beginning balance for FY 2022/23 that was approximately $4 million higher than what was anticipated in the adopted budget. Revenues, overall, were $1,306,201 lower than budgeted. The largest impact on revenues was the negative $1,042,131 fair market value adjustment made to General Fund investments. Building permit revenue was also $353,847 lower than projected. Actual FY 2021/22 expenses were $5,356,057 lower than the FY 2021/22 adjusted budget. Many of the expense savings, however, related to capital projects which have been carried over to FY 2022/23. The largest operating expense reductions were in Law Enforcement ($500,538), Library Services ($234,768), and Fire Safety ($166,516). Savings across all other departments and CIP projects funded through the General Fund totaled $4,454,235. As mentioned above, most of the expense savings in FY 2021/22 related to capital projects and other departmental projects or initiatives which have been delayed to FY 2022/23. Approximately $4.4 million of the additional General Fund balance has been earmarked for incomplete FY 2021/22 projects that have been carried over into the FY 2022/23 adjusted budget. These projects include funding for the Downtown Plaza ($1,484,404), City Hall improvements ($400,000), the Auditorium HVAC system ($399,462), City Hall Space Needs funding ($241,089), Bike Trail signage ($209,233), the Splash Pad ($200,000), Parks and Recreation agility course equipment ($200,000), the Arts Capital Grants Program ($195,275), Ada Hayden Heritage Park’s wetlands cleanup project ($174,909), the Fire Truck 3 refurbishment project ($117,828), Fire Station improvement projects ($111,028), as well as a number of smaller expenditures. With carryovers taken into account, there is actually a $406,160 deficit at the end of FY 2021/22 because of the large decrease in revenues due to the fair market value adjustment. Due to open positions and increasing Local Option Tax revenue, however, we anticipate that there will still be some funding available in FY 2022/23 that can be programmed for one-time needs. However, it will be a smaller amount than available in previous years. The Council could decide to use some amount of the additional balance from FY 2021/22 and FY 2022/23 to subsidize operating costs, thereby lowering property tax rates in FY 2023/24. This strategy, however, would only lead to a larger increase in the following year when this one-time balance would need to be replaced with a more permanent revenue source. Therefore, the staff recommends that the one-time available balance created by savings in FY 2022/23 be used for one-time expenses. The City Manager will present a list of potential projects that could be funded using this balance during the budget review. Please note that in addition to the amounts discussed above, there also remains a fund balance in excess of the Council-approved minimum balance that is adequate to mitigate contingencies, such as the loss of state replacement tax, per Council direction given during the FY 2021/22 budget process. CYRIDE Transit system ridership has continued to increase in FY 2022/23 and is projected to end higher than the last two years. Ridership is around 70% of pre-pandemic levels which is the trend seen nationwide by other transit agencies. External funding for CyRide is tied to high ridership levels, so maintaining existing passengers and increasing system usage will continue to be a high priority for CyRide in the upcoming budget year. Recruiting and retaining frontline employees will continue to be critical in order to meet increases in ridership. CyRide continues to face workforce challenges like other employers across the nation, especially in the transportation industry. An increase in frontline employee pay has helped considerably, and the organization will continue to focus on improving staffing during the year. The City’s financial support for CyRide is expected to increase by 2% in FY 2023/24. These additional funds will help preserve current transit services as ridership continues to recover. UTILITY RATES -Water and Wastewater City staff updates long-term rate planning each year based on operating cost trends and capital improvements and reviews timing of other utility rate increases to spread out more evenly over time. As projected in last year’s forecast, the rates for water are anticipated to increase 8% in FY 2023/24, and no increase is anticipated in sewer rates. -Electric The electric utility rates are expected to remain flat for FY 2023/24, however the utility’s long- term natural gas contract expires in December 2023. It is anticipated that the cost of natural gas in a subsequent contract will increase. The increased natural gas costs will be passed onto customers in the form of the Energy Cost Adjustment. While there will be no change to the underlying electric rate calculation, customers will see an increase in monthly bills due to the higher anticipated costs of natural gas. -Resource Recovery There are no modifications anticipated to tipping fees or the per capita charge for FY 2023/24. The current tipping fee of $58.75 per ton was increased by $3.75 per ton to $62.50 per ton beginning in FY 2022/23. The current per capita fee charged to participating communities was increased from $9.10 to $10.50 beginning January 1, 2018. These fee increases primarily offset the general increase in operating costs and the loss of revenue due to reduced capacity to burn refuse derived fuel (RDF) at the Power Plant. Future increases in both these areas will be dependent upon final decisions regarding which waste- to-energy alternative the City Council may choose to pursue. -Stormwater The rate charged for the stormwater drainage system is currently a 4-Tier Structure that was adopted in FY 2012/13 based on impervious area. A fee increase to $5.20 per ERU was implemented on July 1, 2022. Staff continues to evaluate the long-term needs of the stormwater system, including future CIP projects, personnel, and equipment. The fee revenue is used to prevent overland flooding, maintain and expand the storm sewer infrastructure, perform erosion control, and install other measures useful for proper control, management, collection, drainage, and disposition of stormwater. No changes to the fee structure or rates are being planned for FY 2023/24. PARKING In FY 2019/20 the staff informed the Council that projections at that time indicated that revenues in the Parking Fund were not keeping pace with the increases in operating expenditures. This challenge was exacerbated by the growing need to invest in the reconstruction of many of our surface parking lots. Staff had suggested that a five- year phased increase in parking rates and fees be considered. At this same time COVID-19 hit the country and the ability for the staff to adequately estimate the parking demand and associated revenues in order to project the needed rates and fees was hampered. While COVID-19 continued to have a significant impact on Parking Fund Revenues into FY 2021/22, by the end of that fiscal year parking revenues began to trend upward and are slowly returning toward pre-pandemic levels. However, there is not enough credible data to predict when stabilization in parking activity will occur. Predictable parking behavior will be necessary for staff to reliably evaluate the parking system and make recommendations on future rate changes and the market's viability to cover both operating and long-term capital expenditures. Since it still appears that rate and fee adjustments will be needed to assure the long-term viability of the Parking Fund, the staff intends to analyze trends over the coming fiscal year before making any final recommendations regarding the Parking Fund. HOTEL/MOTEL TAX FUND Hotel/Motel tax revenues are collected in the General Fund and transferred to the Hotel/Motel Tax Fund. Of the 7 cents per dollar tax collected, 5 cents is passed through to the Ames Convention and Visitors Bureau, one cent replaces the Local Option Sales Tax that was not collected and is split 60% for property tax reduction and 40% for community betterment. The remaining 1 cent remains in the Hotel/Motel Tax Fund to be used for economic development opportunities. The hospitality industry was severely impacted by the COVID-19 pandemic, but is showing signs of a strong recovery in Ames. Based on projections from Discover Ames, we are increasing projections for Hotel/Motel tax revenues from $2,000,000 to $2,696,946 in the FY 2022/23 adjusted budget. For FY 2023/24, fewer events are currently scheduled in Ames, so the projection of Hotel/Motel Tax from Discover Ames is slightly lower at $2,401,073. The City continues to maintain a strong balance in the Hotel/Motel Tax fund and is able to fund all planned expenses and have a balance available to fund one-time expenditures. UNCONTROLLABLE COSTS: An uncontrollable cost is an expense over which the staff has no control. These expenditures are sometimes referred to as fixed costs where we cannot reduce the amount spent on such activities. For FY 2023/24 the overall uncontrollable costs to our departments are estimated to be 5.8%, or an additional $1,285,586 over the current FY 2022/23 adopted budget. This total is impacted by an increase of $222,620 in Fleet Services costs due to higher fuel prices (this total excludes CyRide), an increase of $412,402 in Risk Management costs due to increases in Property, Excess, and Pharmacy Insurance premiums, and an increase of $626,895 in projected Health Insurance costs. Given that the departments will be faced with almost a 6% increase in their uncontrollable costs as they prepare next year’s budget, it will be more difficult than ever to formulate an overall budget that reflects as low a percentage increase in our budget than we have recommended in previous years. FIRE AND POLICE RETIREMENT AND IPERS -MFPRSI The City contribution rate to the Municipal Fire and Police Retirement System of Iowa (MFPRSI) will be slightly lower at 22.98% of covered wages for FY 23/24. The retirement system has made changes to reduce the volatility in contribution rates and systematically improve the funded status of the pension plan. -IPERS The City contribution rate to the Iowa Public Employee Retirement System (IPERS) will be unchanged at 9.44% for FY 2023/24. The employee contribution will also remain at 6.29% with the fixed 60/40 sharing of the pension cost. HEALTH INSURANCE For several years, the City of Ames has experienced health insurance increases between 5% and 9% per year. The increase in rates was 7% rate for FY 2022/23. For FY 2023/24, we are planning to increase self-insured premium rates by 8%. We expect the Health Insurance fund balance to remain well above the required level to maintain a self-insured plan and provide an adequate balance to fund possible claims fluctuations. CLIMATE ACTION PLAN: As emphasized previously, the plan to implement the tasks approved by the City Council for the new Climate Action Plan will not be finalized in time to be incorporated into the FY 2023/24 budget. However, in order not to delay a year of funding for our sustainability efforts, it is our intent to redirect expected savings in the General Fund this year to an account that will be available for yet to be determined projects in FY 2023/24. The exact funding amount will be identified in time for the City Council budget hearings in February. CAPITAL IMPROVEMENTS PLAN: The capital improvement projects earmarked for this fiscal year as well as those that will be presented in the new five-year plan introduced in January, have been greatly impacted by the rising inflation with its corresponding increase in interest rates, lack of sufficient labor to work on these projects, and the lengthy delay in receiving the materials needed to accomplish the projects. As a result of this challenging economic environment, the City Council will notice that many of the project costs have been increased significantly. In order to assure that these projects remain fiscally viable, you will notice in the proposed CIP that adjustments are being made by eliminating some projects, reducing the number of new projects, and delaying others. ROAD CONDITIONS/ROAD USE TAX FUND In our annual Resident Satisfaction Survey's ranking of capital improvement priorities, the reconstruction of existing streets is the top priority for our residents. This represents a challenge, since the lane-miles of streets continue to expand, existing streets continue to age, and recent winters have been particularly hard on our roadways. The Road Use Tax Fund (RUTF) is accumulated through motor vehicle registration fees, motor vehicle fuel taxes, an excise tax imposed on the rental of automobiles, and a use tax on trailers. The RUTF revenue is restricted in use and the City uses the funds for operations and maintenance of street rights-of-way as well as capital improvements. In previous budget years, the City has been conservative in it’s annual estimation of road use tax based on economic conditions. We are currently forecasting Road Use Tax revenue of $9,010,025 for the adjusted FY 22/23, or about 7.2% over the adopted budget. For the FY 23/24 budget we are forecasting RUT revenue of $9,190,225, a 2% increase over the FY 22/23 adopted. This increased revenue will help cover the cost of maintaining our growing street infrastructure. LOCAL OPTION SALES TAX The FY 2022/23 adopted budget anticipated $9,812,396 in Local Option Sales Tax revenues. The latest projection for Ames from the Iowa Department of Revenue for FY 2022/23 is $9,571,197. The adjusted FY 2022/23 budget will also include the $844,767 reconciliation payment we received in September for FY 2021/22, bringing the FY 2022/23 adjusted Local Option Sales Tax revenue total to $10,415,964. For FY 2023/24, we are currently projecting $10,303,016 in Local Option Sales Tax revenue, which is a 5% increase over the amount included in the FY 2022/23 adopted budget. A summary of the Local Option Sales Tax Fund with an illustrative option for the FY 2023/24 budget is included in Attachment 1 of this document. Though we do not need specific budget decisions at this time, staff is requesting Council direction on funding levels for ASSET, COTA, and other outside organizations. ASSET HUMAN SERVICES FUNDING The City Council adopted the following priorities for human services funding for FY 2023/24: (Note: categories 1, 2, and 3 are in priority order as are the lettered services in each category. An emphasis is placed on low to moderate income in all categories and services). #1 Meet mental health and substance use disorder needs through A. Community-based and outpatient mental health services B. Outpatient emergency access and crisis intervention services C. Awareness and education about suicide prevention and services D. Substance use prevention and treatment availability #2 Meet basic needs through A. Food cost offset programs to assist in providing nutritious perishables and staples B. Housing cost offset programs including utility assistance C. Sheltering, including emergency shelter (length of stay in emergency shelter is dependent upon the population group being served) D. Quality childcare cost offset programs, including daycare and State of Iowa licensed in-home facilities E. Medical and dental services F. Financial literacy and education programs G. Transportation cost offset programs H. Legal assistance I. Disaster response #3 Provide youth development services and activities through A. Skill development and enhancement B. Summer enrichment/prevention of loss of learning The following table summarizes each year’s ASSET allocations by funder. CICS continues to fund mental health and disability services separately from the ASSET process. Story County CICS United Way Student Budgeted City % Increase Total 2017/18 1,072,156 448,724 1,193,303 194,430 1,355,711 6.2% 4,264,324 2018/19 1,142,625 602,229 1,228,443 194,430 1,423,497 5.0% 4,591,224 2019/20 1,461,105 477,792 1,265,293 194,430 1,466,202 3.0% 4,864,822 2020/21 1,534,160 0 1,178,657 211,000 1,524,850 4.0% 4,448,667 2021/22 1,592,631 0 1,191,000 268,782 1,601,093 5.0% 4,653,506 2022/23 1,688,922 0 1,120,867 260,275 1,729,180 8% 4,799,244 The prior budget year is not the only way to evaluate the amount to budget for the next fiscal year. The amount budgeted at this time each year can vary if the volunteers do not recommend funding the entire amount authorized by City Council. This was the case for the current FY 22/23. A total of $11,652 was left unallocated and Council approved the ASSET volunteer’s recommendation to reserve these funds specifically for housing needs that may arise during FY 22/23. Additionally, the amount contracted with agencies may not be entirely drawn down each year. This occurred in fiscal years 20/21 and 21/22 primarily due to changes agencies needed to make to provide services safely during the COVID-19 pandemic. As agencies begin re-opening and reinstating services, the primary issues were people accessing services at a slower than anticipated pace and workforce shortages resulting in service delivery delays or agencies implementing waiting lists. FY 21/22 City Funds FY 22/23 City Funds FY 23/24 Requested Budgeted Contracted Requested Budgeted Contracted Requested $1,740,209 $1,601,093 $1,580,531 $2,056,939 $1,729,180 $1,717,528 $1,933,960 For FY 23/24, City ASSET funds requested by agencies total $1,933,960 (Attachment A), up $204,780, or approximately 11.84% over the current fiscal year budgeted amount of $1,729,180. The following requests are noteworthy for the City Council: • Ames Community Preschool Center (Infant Daycare) – ACPC has been working with City of Ames Planning and Housing Department on accessing funds through the federal CARES Act to remodel a room for the expansion of infant care. This project will result in a dedicated room for infant care and will help address the waiting list that ACPC has for this level of care. As a result of this expansion, ACPC is requesting approximately 188% or an increase of $17,518 in City funds to help families on the sliding fee scale. • All Aboard for Kids (Out of School Program and Supported Employment for Developmentally Disabled) – All Aboard for Kids has requested an approximately 175% increase in City funds for its Out of School summer program that serves youth on the autism spectrum ($8,800 requested). An additional $3,562 is being requested for a new service, Full STEAM Ahead, that All Aboard for Kids successfully piloted this past summer. This service provides training and support to youth ages 14-18 so they can develop the necessary “soft skills” for competitive employment. • The Bridge Home (Emergency Shelter, Service Coordination, Assistance with Basic Needs, Transitional Living, and Supportive Housing) – The FY 23/24 request to ASSET is up by about 74.5% or $183,375 for a total of $429,059. The City portion of this request is $187,099 which is a 30% ($43,079) increase over the current fiscal year contracted amount of $144,020. While the request for Emergency Shelter is the same as the current year, $97,295, the following are reasons for increases in other service areas: o Service Coordination – This service covers staff time spent with clients in assessing their needs and coordinating services in addition to housing. This service has been funded through ASSET since FY 19/20, apart from the current fiscal year as TBH did not request funding. The request to the City for FY 23/24 is $19,172 which is a 418% increase over the FY 21/22 allocation of $4,582. o Assistance with Basic Needs – This is rent and utility assistance and with these costs on the rise, additional funding is requested. The request to the City is $25,000 which is a 30% or a $5,828 increase over the current fiscal year allocation of $19,172. o Transitional Living – TBH will be discontinuing this service by June 30, 2023, therefore, no funding is being requested through ASSET. TBH will work with program clients to find alternative housing options and supports. o Supportive Housing – TBH used donations to pilot this new service in the spring of 2022. Supportive Housing is a best practice service that combines long-term housing with on-going case management support to an individual or family. The criteria to participate in this service is meeting the definition of chronic homelessness, having no income or qualifying as low income, and having one member of the household diagnosed with a physical or mental disability or substance use disorder. TBH currently serves twenty clients and projects growing the service to eighty-five clients within the next year. The request to the ASSET funders for this new service is $115,000 and the City’s portion is $50,000. TBH will be receiving HUD funding in the amount of $248,000 for this service. This funding is awarded not only to Ames/Story County area served by TBH, but the entire Two Rivers Region comprised of Story, Boone, Greene, Hardin, and Marshall Counties. ASSET Administrative Staff also suggested that TBH apply for funding through the Central Iowa Community Services Mental Health Region since this service is geared towards serving people with disabilities. o Transitional Living – TBH will be discontinuing this service by June 30, 2023, therefore, no funding is being requested through ASSET. TBH will work with program clients to find alternative housing options and supports. • The Community Academy (Out of School Program) – TCA is a new agency to the ASSET process for FY 23/24. They have been incorporated as a 501 (c)(3) non-profit organization since 2018 and are located in the ISU Research Park. TCA provides summer and out of school programming through nature-based and community projects for youth aged 4-18. TCA is requesting a total of $105,000 from all four ASSET funders. The request to the City is $40,000 or approximately 38% of the total ASSET request. • Good Neighbor Emergency Assistance (Assistance with Basic Needs/Rent and Utility Assistance and Assistance with Basic Needs/ Navigator) – Good Neighbor (GNEA) is requesting an increase in funding from the City for rent and utility assistance. As noted with other agencies providing this type of service, funding sources available during the COVID 19 pandemic have discontinued and rent and utility costs are rising as demand continues. The City currently contracts with GNEA for $25,000 for this service and the request for FY 23/24 is up by 16% to $29,000. GNEA is offering a new service called “Navigator” this current fiscal year through federal American Rescue Plan Act funds approved by Story County Board of Supervisors. The Navigator service is designed to provide assistance and support to low-income individuals and families by helping them access the Story County Online Dispute Resolution service, apply for funds basic needs, work with landlords and property management companies on landlord/tenant issues, and be a housing resource. GNEA is requesting FY 23/24 funding from each United Way and the City in the amount of $2,500. • Legal Aid (Civil Representation) – Legal Aid is requesting $144,245 from the City which is a 15.4% increase ($19,245) over the current year allocation of $125,000. The additional funding would help with filling an attorney vacancy which in turn would address the demand in services. Legal Aid indicated in their ASSET budget request that they no longer receive any funding from Central Iowa Community Services Mental Health Region. Legal Aid has increased requests to Story County, ISU Student Government, and United Way totaling $32,102 or approximately a 20% increase. • NAMI of Central Iowa (Family and Peer Education and Public Education and Awareness) – NAMI’s FY 23/24 request to the City is up about 16.3% from $18,962 to $22,050 and includes a request for first time funding in the amount of $1,200 for Family and Peer Education. The service provides educational programs to families and individuals with mental health issues. The uniqueness with this service is that the programming is taught by trained volunteer family members and individuals with lived experience. Also contributing to the increase in ask to the City is an increase in the projected number of units of service and the number of unduplicated participants for Public Education and Awareness. NAMI CI anticipates providing 725 more units of service and serving 1,000 more Story County participants in FY 23/24. The current contracted amount for this service is $11,728 and the request is $12,900. • Salvation Army (Food Pantry, Assistance with Basic Needs, Disaster Services, and Payee Services) – The FY 22/23 contracted amount for these services is $57,938 and the FY 23/24 request is total $68,000 calculating to a 17% increase ($10,062). The following are reasons for the increases: o Food Pantry – The request to the City is $18,000 which is an increase of about 38.5% over the current FY amount. In April 2022 the enhanced SNAP benefits offered during the COVID-19 pandemic were discontinued, thus, people are turning to the food pantry to supplement their nutrition needs. There are other living expenses such as rent, gasoline, and utility costs that also strain individual and family budgets. The Salvation Army is estimating serving 2,600 unduplicated Story County clients in FY 23/24 which is approximately one hundred more than the current year. o Assistance with Basic Needs - This is rent and utility assistance and as noted previously, these costs, too, are on the rise. Salvation Army is requesting $30,000 (11% increase) from the City and stated that at the during FY 21/22 they had access to larger pools of funding to assist clients with rent and utilities. However, these funding sources have since been discontinued even though the need for assistance continues. o Disaster Services – Salvation Army’s role in Disaster Services is in the areas of both preparedness and response. They participate in the local Coalition for Disaster Response (CDR) committee as well as provide support to First Responders and assistance to displaced individuals and families impacted by a disaster. Salvation Army’s FY 23/24 request to the City for this service is $2,000 (113% increase) compared to the current year allocation of $938. Salvation Army noted in their budget request that they routinely assist City residents impacted by house/apartment fires by providing temporary housing and food, replacement clothing and household goods, and referrals to other services. They have assisted four households already in FY 22/23 and exhausted their City allocation. Salvation Army’s request to all ASSET funders is up by $28,063 or approximately 26%. • YWCA (Advocacy for Social Development – Parent and Student Support) – This service strives to help international residents in both the Ames and ISU communities become acclimated to available resources such as transportation, financial literacy, TOEFL courses, mental health services, etc. The request to the City is $1,870. Service Outcomes Reporting Agencies collect and report service outcomes through Clear Impact Scorecard and submit data with their ASSET budget submission. Those outcome reports are shared with the ASSET volunteers as one of the several tools used to prepare allocation recommendations for the funders. The Service Outcomes Reporting data can be accessed at the following link: LINK. ASSET Administrative Expenses In addition to the amount authorized for human service programs, the City will also budget its share of the ASSET administrative expenses. The expenses include the administrative assistant salary, website hosting, virtual programs (Dropbox and Zoom), printing, and meal expenses for the volunteers. Expenses for printing and meals have especially increased over the past two years, so the City’s estimated total share is increasing by 5.7% to $7,833 for FY 23/24. Additionally, there is a need for up to $500 in additional funds for the current fiscal year to meet these expenses. These funds will be included in FY 22/23 budget amendments. Funding Options Last year, the City Council authorized an 8% increase in funding. The table below indicates allocation options based on the percentage increases from the FY 22/23 contracted amount of $1,729,180. Increase from Current Dollar Increase Total City Funding Authorized 0% 0 1,729,180 3% 51,875 1,781,055 5% 86,459 1,815,639 11.84% (request) 204,734 1,933,914 + ASSET Admin Share 7,833 in addition to agency services COTA – PERFORMING ARTS FUNDING For FY 2022/23, the City Council approved contracts with COTA agencies totaling $206,470, and an additional $10,000 was reserved to be used for fall and spring special project grants, for a total COTA allocation of $216,470. COTA has received annual grant applications from 19 agencies for FY 2023/24. This is an increase from 17 agencies receiving awards in FY 2022/23. This increase is the result of one new agency to the COTA process, the Buxton Initiative, and the return of India Cultural Association to the annual grant application process (ICA has received COTA funds in prior year, but did not apply in FY 2022/23). The requests for FY 2023/24 total $260,943, which is a 20.5% increase ($44,473) above the budgeted amount for FY 2022/23. Hearings were held by COTA with the applicants to review the application materials and answer questions. The City Council is being asked to establish the total funding amount that COTA may use to make its recommendations for FY 2023/24. From that amount, COTA will determine recommended funding amounts for each agency, and will reserve the remainder for the special project “mini-grant” opportunities that are solicited twice each year. This special project grant reserve has varied in past years from $4,000 to $10,000 out of the total funding authorized by the City Council. The table below indicates the City Council’s awards in the current fiscal year compared to the prior fiscal year: FY 2021/22 FY 2022/23 Award Amount to Agencies $ 187,535 $ 206,470 $ 18,935 10.1% Special Project Reserve 5,558 10,000 4,442 79.9% As always, a range of options is available for establishing an authorized allocation for FY 2023/24. The entire amount authorized by the City Council is used by COTA. COTA sets aside a portion of the funds authorized by the Council for Special Project Grant funds to distribute later in the year. Increase From Current Dollar Increase Amount Authorized FUNDING REQUESTS FROM OUTSIDE ORGANIZATIONS City staff accepts applications from outside organizations wishing to receive funds for their organizations’ operations. The City Council has exempted the Ames Economic Development Commission’s business development partnership, the Ames/ISU Sustainability Coordinator, and the Ames Human Relations Commission from this process since those activities are conducted in an official capacity on behalf of the City government. Funds for these programs come from two sources: The Hotel/Motel Tax Fund supports the workforce development activities undertaken by the Ames Economic Development Commission. Requests from other outside organizations are supported with funds from the Local Option Sales Tax Fund. During the February 2020 Budget Wrap-up, the City Council adopted a new policy regarding reimbursement for parking meters that are closed for special events. The policy indicates that parking will not be waived effective July 1, 2020. Instead, event organizers must reimburse the Parking Fund for lost revenue. The total amount allocated for these requests in FY 22/23 was $292,659. Purpose Source Allocation General Outside Funding Requests Local Option Sales Tax Fund $272,170 Parking Waivers Local Option Sales Tax Fund 5,489 Local Option Sales Tax Fund Total 277,659 AEDC Workforce Initiatives Hotel/Motel Tax Fund 15,000 The total FY 23/24 request is $351,559, which is a 20.1% increase over the FY 22/23 operating request total. There is no change in the portion of the requests that would be financed from the Hotel/Motel Tax Fund in FY 23/24 ($15,000). The portion of the requests that would be financed from the Local Option Sales Tax Fund totals $336,559 for FY 23/24, which is a 21.2% increase over the amount budgeted in the current year from Local Option funds ($277,659). Organization/Program FY 22/23 Adopted FY 23/24 Request $ Change % Change Ames Historical Society $ 48,335 $ 50,752 $ 2,417 5.0% Ames Int’l Partner City Ass’n 5,800 5,800 - - Campustown Action Ass’n 40,000 43,750 3,750 9.4% Hunziker Youth Sports Complex 80,000 100,000 20,000 25.0% Ames Main Street 50,035 54,000 3,965 7.9% Story County Housing Trust Fund 38,000 54,268 16,268 42.3% Farmers Market 10,000 10,000 - - Ames Main Street (Parking Waivers) 5,489 5,489 - - American Legion Riders - 2,500 2,500 - Home Allies - 10,000 10,000 - Local Option Tax Subtotal $ 277,659 $ 336,559 $ 58,900 21.2% - - AEDC Workforce Development* 15,000 15,000 - - *funded from Hotel/Motel Tax Fund balance Highlights from the requests are summarized below: • Hunziker Youth Sports Complex – HYSC is requesting a second substantial increase in two years. In FY 21/22, HYSC received $45,000, which increased to $80,000 in FY 22/23 (current year). HYSC is requesting an increase to $100,000 for FY 23/24. HYSC cites a desire to increase participation in its activities and the capacity of its facilities. • Story County Housing Trust – SCHT is requesting a 42% increase in funding compared to the FY 22/23 allocation. The increase is related to the fact that to access state funding, SCHT must demonstrate a 25% local match. The yearly funding from the State Housing Trust Fund is increasing, and in order to meet the match requirement, SCHT is increasing its request from the City. • American Legion Riders – This organization has not received funding from the City previously. The $2,500 request is to support the costs to purchase and place wreaths at the graves of veterans in Ames Municipal Cemetery in December 2023. • Home Allies – Home Allies was allocated $25,000 in one-time funding in the FY 21/22 Adjusted Budget, which has been carried over into the current year. Since that was one-time funding and not operational funding, that amount is not reflected in the total Outside Funding provided to organizations for FY 22/23. The request for FY 23/24 is for an additional $10,000 to address increased costs of materials and labor for the organization’s planned affordable housing project. The past practice has been to include the amount approved for the prior fiscal year in the recommended budget. The City Council is not being asked to evaluate or approve the merits of these requests at this time. Instead, City staff is seeking direction from the City Council regarding a total amount of Local Option funds available to be allocated for the coming year, including reimbursement for parking meter closures. The applications will be reviewed by staff with that budget authority in mind, and recommendations will be made to the City Council. As with other funding processes, a variety of options are available to the City Council: Increase From Current ($277,659) Dollar Increase Amount Authorized 1% $ 2,777 $ 280,436 2% 5,553 283,212 3% 8,330 285,989 4% 11,106 288,765 5% 13,883 291,542 21.2% (all requests)* 58,900 336,559 *excludes AEDC request, which would be funded from Hotel/Motel Tax Fund PUBLIC ART COMMISSION City Council will receive the Public Art Commission’s request for funding for FY 23/24 in January. The funding level of $46,000 adopted for FY 22/23 is currently included as the FY 23/24 allocation for projecting the Local Option Sales Tax Fund balance. TOWN BUDGET MEETING On November 1, 2022, the annual Town Budget Meeting was held. Notes from the meeting are included as Attachments (2 & 3) to this document. ATTACHMENTS 1. Local Option Sales Tax Fund Summary 2. Town Budget Meeting Minutes 3. Town Budget Meeting Correspondence 4. Outside Funding Requests City Council’s Input (Given the information provided, the City Council’s input is requested.) Service Level Increases Service Level Decreases Other Issues Attachment 1 LOCAL OPTION SALES TAX FUND SUMMARY +5% ASSET/COTA 22/23 FY 22/23 FY 23/24 Adopted Adjusted Estimated Revenues Local Option Sales Tax 9,812,396$ 10,415,964$ 10,303,016$ "+5% Adopted Transfer from Hotel/Motel 114,289 154,265 137,341 Grants - - - Other Revenue - - - Total Revenues 9,926,685 10,570,229 10,440,357 Transfers Ice Arena 40,000 40,000 40,000 Park Development 100,000 100,000 100,000 Parking Operations 5,489 5,489 5,489 60% Property Tax Relief 5,887,438 6,249,578 6,181,810 Total Transfers 6,032,927 6,395,067 6,327,299 Expenses Human Service Agencies 1,729,180 1,729,180 1,815,639 "+5% Adopted Commission on the Arts 216,470 216,470 227,294 "+5% Adopted City Council Spec. Alloc. 275,170 275,170 288,929 "+5% Adopted Human Services Admin 28,024 28,018 28,024 Public Art 46,000 125,001 46,000 Municipal Band 32,610 32,610 33,471 Total Expenses 2,327,454 2,406,449 2,439,357 Net Increase/(Decrease)1,566,304 1,768,713 1,673,701 Beginning Balance 3,291,912 8,554,986 3,586,116 Available for CIP 4,858,216 10,323,699 5,259,817 CIP Projects 2,105,500 6,737,583 1,917,628 Ending Balance 2,752,716 3,586,116 3,342,189 Minimum Fund Bal. Rsv. 1,144,611 1,125,619 Avail Un-Resv Fund Bal. 1,608,105$ 2,216,570$ S:\Finance.dep\finadmshr\BUDGET DIVISION\Council Budget Issues\FY 23 24 Issues\Local Option Sales Tax Summary FY 23 24 Bud Issues-Draft Agency Service Index Contracted 22/23 Request 23/24 % Change Contract to Request 23/24 Proposed Units of Service Unit of Service 23/24 Proposed Cost per Unit ACCESS Emergency Shelter 2.08 61,296$ 66,813$ 9.00%2,800 24 Hr Period Food/Shelter 127.00$ ACCESS Domestic Abuse Crisis and Support 3.07 32,903$ 35,864$ 9.00%3,500 Staff Hour 120.00$ ACCESS Sexual Abuse Crisis and Support 3.08 8,780$ 9,570$ 9.00%1,450 Staff Hour 130.00$ ACCESS Battering Courtwatch 3.10 6,536$ 7,124$ 9.00%700 Staff Hour 120.00$ ACCESS Public Education and Awareness 1.12 4,388$ 4,783$ 9.00%310 Staff Hour 120.00$ TOTAL 113,903$ 124,154$ 9.00% Ames Comm. Preschool Center Day Care - Infant 2.02 9,300$ 26,818$ 188.37%5,040 1 Full Day 78.40$ Ames Comm. Preschool Center Day Care - Children 2.03 77,117$ 84,829$ 10.00%22,720 1 Full Day 66.08$ Ames Comm. Preschool Center Day Care - School Age 2.04 41,518$ 45,670$ 10.00%53,886 1 Partial Day (3 hrs)14.54$ TOTAL 127,935$ 157,317$ 22.97% All Aboard for Kids Out of School Program 1.09 4,500$ 8,800$ 95.56%400 1 Partial Day (3 hrs)222.08$ *NEW SERVICE* Supported Employment Dev. Disab.1.01 -$ 3,562$ 100.00%350 Staff Hour 104.35$ TOTAL 4,500$ 12,362$ 174.71% American Red Cross Disaster Services Program 2.12 9,933$ -$ -100.00% TOTLAL 9,933$ -$ -100.00% Boys and Girls Club Out of School Program 1.09 122,560$ 126,237$ 3.00%17,500 1 Partial Day (3 hrs)57.90$ TOTAL 122,560$ 126,237$ 3.00% Campfire Day Care- School Age 2.04 3,245$ -$ -100.00% Campfire Day Care - School Age - Scholarships 2.04 1,650$ -$ -100.00% Campfire Youth Development and Social Adjustment 1.07 500$ -$ -100.00% Campfire Out of School Program 1.09 6,000$ 100.00%4,400 1 Partial Day (3 hrs)61.61$ TOTAL 5,395$ 6,000$ 11.21% Center for Creative Justice Correctional Services - Probation Supervision 2.09 64,860$ 68,100$ 5.00%3,800 Client Hour 81.56$ TOTAL 64,860$ 68,100$ 5.00% ChildServe Day Care - Infant 2.02 6,000$ 6,600$ 10.00%7,522 1 Full Day 57.06$ ChildServe Day Care - Children 2.03 16,000$ 17,600$ 10.00%15,746 1 Full Day 52.92$ TOTAL 22,000$ 24,200$ 10.00% Bridge Home Rapid Re-Housing Emerg. Assistance for Basic Needs 2.01 19,172$ 25,000$ 30.40%462 Client Contact 760.52$ Bridge Home Emergency Shelter 2.08 92,927$ 92,927$ 0.00%13,881 24 Hr Period Food/Shelter 76.85$ Bridge Home Transitional Housing *SERVICE ENDING June 30, 2023*2.07 31,921$ -$ -100.00% Bridge Home *NEW SERVICE* Supportive Housing 2.15 -$ 50,000$ 100.00%16,200 1 Day 60.59$ Bridge Home Rapid Re-Housing Service Coordination 3.13 -$ 19,172$ 100.00%9,866 Client Hour 22.13$ TOTAL 144,020$ 187,099$ 29.91% Good Neighbor Emergency Assistance for Rent and Utilities 2.01 25,000$ 29,000$ 16.00%730 Client Contact 334.93$ Good Neighbor Healthy Food Vouchers 2.01 6,400$ 6,500$ 1.56%550 Client Contact 109.29$ Good Neighbor *NEW SERVICE * Emergency Assistance - Navigator 2.01 -$ 2,500$ 100.00%500 Client Contact $152 TOTAL 31,400$ 38,000$ 21.02% City of Ames Agency Service Index Contracted 22/23 Request 23/24 % Change Contract to Request 23/24 Proposed Units of Service Unit of Service 23/24 Proposed Cost per Unit City of Ames Heartland Senior Services Day Care - Adults , Adult Day Center 3.02 63,708$ 65,620$ 3.00%3,000 Client Day 103.46$ Heartland Senior Services Congregate Meals 3.06 2,590$ -$ -100.00% Heartland Senior Services Home Delivered Meals 3.05 73,290$ 86,335$ 17.80%49,000 Meals 8.08$ Heartland Senior Services Home Delivered Meals Under 60 Program 3.05 2,125$ 2,189$ 3.01%560 Meals 11.70$ Heartland Senior Services Senior Food Program 2.01 4,532$ 4,668$ 3.00%948 Client Contact 13.36$ Heartland Senior Services Service Coordination - Outreach 3.13 47,197$ 48,613$ 3.00%1,100 Client Hour 103.19$ Heartland Senior Services Activity and Resource Center 3.14 8,256$ -$ -100.00%Client Contact TOTAL 201,698$ 207,425$ 2.84% HIRTA Transportation - City 2.13 46,078$ 49,000$ 6.34%9,500 One-Way Trip 17.75$ TOTAL 46,078$ 49,000$ 6.34% Legal Aid Legal Aid - Civil 2.10 125,000$ 144,245$ 15.40%3,400 Staff Hour 111.78$ TOTAL 125,000$ 144,245$ 15.40% Lutheran Services in Iowa Crisis Intervention - Crisis Child Care 3.09 5,653$ 5,766$ 2.00%12 Contact 3,039.00$ TOTAL 5,653$ 5,766$ 2.00% Mary Greeley Home Health Services Community Clinics and Health Education 3.01 17,878$ 17,878$ 0.00%3,143 Clinic Hour 156.24$ Mary Greeley Home Health Services In-Home Health Assistance 3.04 16,300$ 16,300$ 0.00%5,750 Hours 70.48$ TOTAL 34,178$ 34,178$ 0.00% MICA Food Pantry 2.01 27,796$ 28,000$ 0.73%7,375 Client Contact 29.00$ 27,796$ 28,000$ 0.73% NAMI Public Education and Awareness 1.12 11,728$ 12,900$ 9.99%1,750 Staff Hour 90.53$ NAMI Activity and Resource Center 3.14 6,734$ 7,400$ 9.89%4,545 Staff Hour 30.91$ NAMI Family and Peer Support 1.02 500$ 550$ 10.00%1,260 Staff Hour 54.51$ NAMI *NEW REQUEST* Family and Peer Education 1.02 -$ 1,200$ 100.00%385 Staff Hour 157.97$ Total 18,962$ 22,050$ 16.29% Primary Health Care Dental Clinic 3.01 95,000$ 104,500$ 10.00%5,500 Clinic Hour 279.72$ TOTAL 95,000$ 104,500$ 10.00% Raising Readers Family Development/Education Thrive by Five 1.10 12,579$ 13,837$ 10.00%2,635 Client Hour 29.49$ Raising Readers Out-of-School Program 1.09 16,868$ 18,555$ 10.00%680 1 Partial Day (3 hours)96.82$ TOTAL 29,447$ 32,392$ 10.00% RSVP Disaster Services - Volunteer Management for Emergencies 2.12 7,500$ 7,800$ 4.00%425 Staff Hour 31.58$ RSVP Transportation 2.13 1,665$ 1,700$ 2.10%1,800 One-Way Trip 17.83$ RSVP Volunteer Management 1.11 25,000$ 26,000$ 4.00%32,000 Volunteer Hour 4.94$ TOTAL 34,165$ 35,500$ 3.91% The Arc of Story County Special Recreation - Active Lifestyles 3.19 5,500$ 5,500$ 0.00%7,800 Participant Hour 8.80$ The Arc of Story County Respite Care 3.11 4,000$ 4,200$ 5.00%750 Client Hour 16.67$ The Arc of Story County Service Coordination 3.13 1,450$ 1,500$ 3.45%255 Client Hour 21.57$ Agency Service Index Contracted 22/23 Request 23/24 % Change Contract to Request 23/24 Proposed Units of Service Unit of Service 23/24 Proposed Cost per Unit City of Ames TOTAL 10,950$ 11,200$ 2.28% The Community Academy *NEW SERVICE* Out of School Program 1.09 -$ 40,000$ 100.00%9,936 1 Partial Day (3 hrs)58.04$ **NEW ASSET AGENCY**TOTAL -$ 40,000$ 100.00% The Salvation Army Emergency Asst. for Basic Material Needs (Food Pantry)2.01 13,000$ 18,000$ 38.46%2,500 Client Contact 221.43$ The Salvation Army Emergency Asst. for Basic Material Needs (Homeless Prev)2.01 27,000$ 30,000$ 11.11%360 Client Contact 422.00$ The Salvation Army Disaster Services 2.12 938$ 2,000$ 113.22%45 Staff Hour 445.00$ The Salvation Army Representative Payee Services 2.14 17,000$ 18,000$ 5.88%2,786 Client Contact 21.89$ TOTAL 57,938$ 68,000$ 17.37% University Community Childcare Child Care - Infant 2.02 42,000$ 46,200$ 10.00%4,160 Full Day 104.96$ University Community Childcare Child Care - Children 2.03 44,158$ 48,572$ 10.00%8,320 Full Day 61.42$ TOTAL 86,158$ 94,772$ 10.00% YWCA Youth Development and Social Adjustment (Girl Power)1.07 2,571$ 3,000$ 16.69%15,000 Client Contact/day 1.43$ YWCA *NEW REQUEST* Parent and Student Support 1.02 -$ 1,870$ 100.00%2,000 Staff Hour 21.94$ TOTAL 2,571$ 4,870$ 89.42% Youth and Shelter Services Substance Abuse Treatment - Outpatient 3.16 13,555$ 13,555$ 0.00%650 Client Hour 224.11$ Youth and Shelter Services Primary Treatment /Health Maintenance Family Counseling 3.17 63,037$ 63,037$ 0.00%5,307 Client Hour 145.33$ Youth and Shelter Services Emergency Assistance for Basic Needs - Transitional Living Services 2.07 5,692$ 6,261$ 10.00%5,400 1 Day 40.44$ Youth and Shelter Services Emergency Shelter - Rosedale 2.08 32,442$ 32,442$ 0.00%2,000 24 Hr Period Food/Shelter 128.13$ Youth and Shelter Services Rosedale Crisis 3.09 5,250$ 5,250$ 0.00%80 Contact 65.63$ Youth and Shelter Services Storks Nest 2.11 7,209$ 7,930$ 10.00%550 Client Contact 146.97$ Youth and Shelter Services Youth Dev and Social Adjustment - Mentoring 1.07 34,175$ 40,000$ 17.04%2,900 Client Contact/Day 102.57$ Youth and Shelter Services Youth Dev and Social Adjustment - Community Youth Dev 1.07 33,124$ 36,437$ 10.00%2,200 Client Contact/Day 52.30$ Youth and Shelter Services Employment Assistance for Youth - Skills 1.08 20,931$ 21,978$ 5.00%540 Staff Hour 88.06$ Youth and Shelter Services Out of School Program - Summer Enrichment 1.09 11,550$ 12,128$ 5.00%9,000 Partial Day (3 hrs)10.38$ Youth and Shelter Services Family Development/Education - Pathways, FADSS 1.10 12,289$ 13,518$ 10.00%2,100 Client Hour 78.77$ Youth and Shelter Services Public Education/ Awareness 1.12 39,103$ 41,058$ 5.00%1,040 Staff Hour 219.71$ Youth and Shelter Services Public Education/ Awareness - Child Safety 1.12 9,072$ -$ -100.00% Youth and Shelter Services Service Coordination 3.13 8,000$ 15,000$ 87.50%1,500 Staff Hour 38.00$ Total 295,429$ 308,593$ 4.46% TOTAL 1,717,529$ 1,933,960$ Reserved for Housing Services 11,651$ -$ FY23 Budgeted Total 1,729,180$ 1,933,960$ 11.85% MINUTES OF THE TOWN BUDGET MEETING AMES, IOWA NOVEMBER 1, 2022 The Town Budget Meeting was called to order by City Manager Steve Schainker at 6:02 p.m. on the 1st day of November, 2022, in the Council Chambers of Ames City Hall, 515 Clark Avenue. Mr. Schainker welcomed the audience and informed them that this meeting was the beginning of the process to prepare the 2023/24 City Budget. Budget Manager Nancy Masteller and Interim Finance Director Brian Phillips reviewed the overall health and structure of the City’s Budget. They explained where the City’s revenues came from and where expenditures go, and compared the City’s property tax rate with other large communities in the state of Iowa. Mr. Schainker reviewed the budget calendar. PUBLIC INPUT: Mr. Schainker offered the attendees the opportunity to provide feedback regarding what they would like to see more of or less of in the next budget. Stan Rabe indicated that if we were to do more of anything, it is quality of life initiatives such as soccer, baseball, the arts, and other community activities. Those activities make Ames a great place to live. If not more of these, then we do not want to pull back from them. Sarah Mansell expressed support for The Community Academy. She stated that she believed activities that connect youth to their community are important. An investment in The Community Academy through ASSET will help students achieve more. Mike Todd commended the City regarding the statements it makes on the website to provide a place to live, grow, and belong. He urged more of those activities that support those statements. He was supportive of the City Council’s recent clarification in the ASSET process that all of the City’s priorities are to address those with low to moderate incomes. Shari Reilly indicated the City should spend more on affordable housing, particularly for low and very low income families. Apartments and attached living are the focus because single-family homes are unaffordable for those families with very low incomes. Linda Munden echoed the support for an emphasis on affordable housing. She stated that at intersections where there are stop signs, drivers seem to pay more attention to pedestrians than at traffic signals. She felt that stop signs were preferable. Additionally, there was a need for refuge areas from the heat for pedestrians on Lincoln Way and other corridors. Grant Olsen indicated the Climate Action Plan workshop was coming up and the Bike and Pedestrian Master Plan was just beginning. He believed the result of these studies will be to encourage more walking and biking. Bike sharing will be an important investment. Funds for crosswalk projects would be necessary to make them safer for pedestrians. A transit shelter at the City Hall transfer point would be helpful. Marlene Ehresman would like to see a new animal shelter and more funding for the animal control program. She asked if there had ever been a study regarding the number of people in Ames who had a pet. She indicated the space and ventilation at the shelter were lacking. Stan Rabe asked if there can be less deer in the community. Mr. Schainker explained the City’s urban deer program. Grant Olsen indicated that during the derecho, City staff was relying on generators. He suggested more solar charging equipment throughout town. He also expressed a desire for internet redundancy for City office networks, in response to the recent fiber cuts taking place in the community. Shari Reilly indicated that ASSET funding was wonderful, but does not address everything. She stated that homelessness and those on the verge of homelessness were in critical need of support. Mr. Schainker reviewed the important dates for additional input to be provided. He encouraged those watching to communicate with City staff or the City Council with their budget priorities. Mayor Haila reviewed where to access the City’s budget and financial documents online and the process for outside funding requests. The meeting adjourned at 6:58 p.m. 1 Schainker, Steve From:Sarah Mansell <sarahm@thecommunityacademy.org> Sent:Tuesday, November 1, 2022 7:02 PM To:Schainker, Steve Cc:Mike Todd Subject:Town Budget comments on behalf of The Community Academy [External Email] Steve, I would like to thank the City leadership for your commitment to collecting feedback from community members. As an Ames resident, parent of Ames District students, and employee of The Community Academy, I feel strongly that multiple and varied opportunities should be made available and accessible to youth in the City of Ames. We are fortunate to be able to choose from sports, music, theater, chess club, Lego League, and many more activities locally that supplement public, private and homeschooling. In addition, The Community Academy provides programming that connects youth to their community through long-term community projects in collaboration with their peers, mentors, and local leaders so they can grow up happy and healthy as a part of a community that can support them through life's hard times. In order to provide year-round nature projects, behind the scenes tours of Ames businesses and organizations, standalone activities like Halloween candy science experiments, and other programs to all families, regardless of income or socioeconomic status, The Community Academy fundraises to provide a generous sliding scale of registration fees at five levels. With an investment from the City through ASSET funding, The Community Academy can expand our discounted offerings, and help students grow up as engaged members of our community, who see the challenges facing us and feel equipped to find solutions. Thank you, 2 Dear Mayor, Council and City Manager, I write to ask you to fund the following items in your next City Budget: Ames Animal Shelter and Control: Please allocate more money for more Animal Shelter staff. One glaring staff shortage seems to be animal -at- large enforcement capability. Animal Shelter staff are very responsive and helpful, but the hours when staff are available, and especially the number of mobile staff, are limited. I know Ames Police are charged with responding to calls about animals when animal control officers are not on duty. Although our police force is trained to handle animal calls, they must prioritize human needs calls over competing calls that solely involve loose animals. More mobile Animal Shelter staff could decrease animal call response time, increase public safety and lighten the call load on Ames Police. Just one example: I frequently walk my dog on a leash in the western half of Brookside Park. At least weekly, I encounter people who have brought their dogs to Brookside, unleashed them and failed to have their dogs even under voice command at a minimum. The resulting encounters between such dogs and leashed dogs and their humans are physically threatening. This is but one situation where provision of more mobile Animal Shelter staff would allow a quicker response to calls for help and an opportunity for staff to educate or sanction dog owners. Parks and Recreation, Forester Division: Ash Tree Removal From Private Property: The City’s Emerald Ash Borer Response Plan addresses ash tree removal from City land. However, the Plan’s Number 3, on page 7 says, “Response Plan for Private Trees on Private Property. This element will be adopted at a later time.” If Council and City Staff have developed such a plan, I apologize for not being able to locate it on the City’s website. If not, please provide funding in your next budget for the following request. Dying ash trees, adjacent to or overhanging public rights of way or other City property, pose a threat to public safety. Although I have no ash trees on my property, I’ve experienced costly tree removal. Please consider developing and funding a grant or loan program to help willing private property owners defray part of the great expense of removing their diseased ash trees located near public areas. Thank you for your attention, Tam Lorenz 311 S Maple Avenue Sent from my iPad ECONOMIC DEVELOPMENT COMMISSION November 9, 2022 Mr. Steve Schainker, City Manager City of Ames 515 Clark Avenue Ames, IA 50010 Steve, Smart Choice The Ames Economic Development Commission (AEDC) values our contractual partnership with the City of Ames. Our longstanding relationship has worked well, and a number of positive economic and community development projects can be pointed to as a result of this healthy relationship. Since inception of the Contract for Economic Development Services in 2007, at a rate of $90,000, the AEDC has continued to grow as has the Ames community. In 2011, the City of Ames agreed to expand our relationship with an annual $6 0,000 contribution to support a position to act as a liaison between the private development community and the process at city hall. That has functioned well and currently, Dylan Kline spearheads that work, and can point to a number of groups he is working with to support both the business, or developer, and the City of Ames process. He is a highly capable communicator and works well bringing private sector customers and city personnel together. Over the years, a deep bench of personnel at the AEDC has been developed and maintained that can work in a variety of settings to promote economic and community development that supports the City of Ames. Whether it is the pursuit of expanded industrial ground, (Prairie View Industrial Center), fundraising for the Ames Municipal Airport improvements, the Miracle Playground, the Fitch Family Indoor Aquatic Center, or accessing and securing state and federal grants that augment projects, the AEDC stands ready to always support the City of Ames. The AEDC has been an exceptional steward of resources and not solicited the City of Ames for an increase in funding since 2011. In recent memory the city was an equal funding partner with the AEDC for the Buxton Retail software subscription, which ended in 2018. Currently, the AEDC receives $15,0 00 from the City's Outside Funding Request Program for our workforce solutions programming. The $15,000 from the city represents roughly 10% of the total budget of that program of work for the AEDC. 515.232.2310 mafo 304 Main Street 515.233.3203 faa;m;/e Ames, IA 50010 www.Am�sEDC.com ECONOMIC DEVELOPMENT COMMISSION The purpose of sharing all of that history is to express a keen understanding and appreciation for the ongoing support provided by the City of Ames. It is also why this request is being made ten years after the last solicitation for an increase in funding. Smrtrt Choice I am respectfully seeking an increase of $25,000 to the Economic Development Contract for Services. This represents a 15% increase. Had there been an annual escalator in the contract it would have resulted in 1.5% annually since our last request. This additional funding will allow us to continue to provide the best possible service to the City of Ames and the Ames community at large, related to both economic and community betterment. I appreciate your serious consideration of this request and would be happy to meet with you to discuss in more detail, if necessary. Sincerely, Daniel A. Culhane, President & CEO Ames Economic Development Commission CC: Kevin Brooks, Chair, Ames Economic Development Commission Enclosures: Investment listing from City of Ames to AEDC 2007 to 2022 515.232.2310 main 304 Main Street 515.233.3203 far#mU, Ames. IA 50010 www.Am�sEDC.com City of Ames Payments to AEDC (FY 2006-2007) 7/2007 $50,000.00 Marketing Reimbursement at $50,000 'FY 2007-2008) 3/2008 $41,775.79 Marketin< Reimbursement at $90,000 7/2008 $48,224.71 $90,000.50 FY 2008-2009) 2/2009 $44,521.18 7/2009 $45,478.82 $90,000.00 (FY 2009-2010\ 2/2010 $46,284.51 7/2010 $43,715.49 $90,000.00 FY 2010-2011) 1/2011 $44,986.40 7/2011 $45,013.60 $90,000.00 FY 2011-2012) 9/2011 $30,000.00 Shared Position implemented $60,000 1/2012 $30,000.00 1/2012 $46,086.83 4/2012 $8,750.00 Buxton for 2012 navment #1 (total $17,500) 5/2012 $4,375.00 Buxton for 2012 nayment #2 7/2012 $43,913.1 7 $163,125.00 (FY 2012-2013) 7/2012 $30,000.00 11/2012 $4,375.00 Buxton for 2012 nayment 3 1/2013 $30,000.00 1/2013 $45,457.18 8/2013 $39,925.59 $149,757.77 FY 2013-2014) 9/2013 $30,000.00 9/2013 $7,500.00 Buxton for 2013 2/2014 $44,626.50 2/2014 $30,000.00 7/2014 $45,000.00 $157,126.50 'FY 2014-2015) 812014 $30,000.00 212015 $30,000.00 2/2015 $45,000.00 712015 $7,500.00 Buxton for 2014 712015 $45,000.00 $157,500.00 FY 2015-2016) 712015 $30,000.00 312016 $30,000.00 312016 $45,000.00 6/2016 $7,500.00 Buxton for 2015 8/2016 $45,000.00 $157,500.00 (FY 2016-2017) 8/2016 $30,000.00 2/2017 $30,000.00 2/2017 $43,200.23 3/2017 $7,500.00 Buxton for 2016 8/2017 $39,299.77 $150,000.00 FY 2017-2018) 8/2017 $30,000.00 2/2018 $49,206.52 2/2018 $30,000.00 3/2018 $7,500.00 Buxton for 2017 3/2018 $40.793.28 $157,499.80 (FY 2018-2019) 3/2018 $30,000.00 7/2018 $43,933.98 8/2018 $30,000.00 3/2019 $45,843.09 $149,777.07 'FY 2019-2020) 3/2019 $30,000.00 . 7/2019 $44,156.91 7/2019 $30,000.00 2/2020 $47,928.98 $152,085.89 (FY 2020-2021) 2/2020 $30,000.00 7/2020 $42,075.00 2/2021 $30,000.00 2/2021 $46 066.00 $148,141.00 (FY 2021-2022\ 2/2021 $30,000.00 2/2021 $43,933.98 7/2021 $30,000.00 7/2021 $46,066.02 $150,000.00 FY 2022-2023) 2/2022 $30,000.00 2/2022 $46,066.00 7/2022 $30,000.00 7/2022 $43,934.00 $150,000.00 O F R P A A I I Y Y Y Y Y Y Y Y N Y Y Y Y Y Y Y O N P Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y D P Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y C P P Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y C M A P Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y P P Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y E A P Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y T ID P Y Y Y Y Y Y Y Y Y Y Y Y Y P E I W P Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y D P Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y C P Y Y Y Y Y Y Y Y Y Y Y Y L P Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y P Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y P Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y F P Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y H C A Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y I Y Y Y Y Y Y Y Y Y Y Y Y Y I Y Y Y Y Y Y Y Y Y Y Y Y P E D P E I P WR R R I R C ASSET COTA A C G P WR R R WR R R R B C A B C C A D A B C D REVENUE ALL SOURCES FY FY FY FY ACTUAL ACTUAL ADOPTED PROPOSED FUNDRAISING MEMBERSHIP DUES FEES CHARGED INVESTMENT INCOME GRANTS PRIVATE SECTOR STATE FEDERAL FUNDS ISU OR ISU STUDENT GOVERNMENT FUNDS OTHER GOV T OR NON PROFIT FUNDS MISC D P FUNDING REQUEST FROM CITY OF AMES TOTAL REVENUES EXPENSES FY FY FY FY ACTUAL ACTUAL ADOPTED PROPOSED SALARY AND RELATED OCCUPANCY RENT SUPPLIES EQUIPMENT CONTRACTUAL SERVICES PROMOTION ADVERTISING MISC D P TOTAL EXPENSES P T D S F O T T T T P P T P C D A TOTAL P D S B I I N T D S N A m es H istory M useum A pplicatio n, C ity of A m es FY 2023-24 N otes: TASK L ST on Page 3 Most tasks listed are ongoing throughout the year. We will compile each approximately 1/4 of the funding each quarter. Some tasks are seasonal, but all listed will be completed by 6/30/24. B U D G ET SEC T O N AHM financial reports are kept by calendar year on a cash basis. On our application, Column A is 2020 actual revenue and expenses, Column B is 2021 actual revenue and expenses, Column C is 2022 approved budget, and Column D is proposed budget for 2023. Lin e 9 M isc. includes gift shop sales, bank interest, and transfers from cash reserves Lin e 10 Fu nd in g R equest: Because our Jan-Dec fiscal year -June fiscal year, the figures on this line represent the sum of half the money from two fiscal years. Lin e 17 M isc. includes expenses associated with programs, events, exhibitions, collections, and transfers to building maintenance reserve v.09.21.22 Outside Funding Request Process Application Application Information Is this request for a program/event sponsored by a student organization? Yes _______ No _______ Organization Name: __________________________________________________ Date: ________________ Contact Person: ____________________________________________________________________________ Contact Mailing Address: _____________________________________________________________________ Phone: _________________ Email Address: _____________________________ Tax ID #: _____________ Program/Event Information What are the goals of this program/event: _______________________________________________________ Date(s) program/event will be held: _________________ to _________________ Check if continuous or ongoing: ____________ Location of program/event: __________________________________________________________________ # of individuals involved in program/event planning: _____________________ # of individuals who will benefit from program/event: ___________________ Funding amount requested: __________________________________________________________________ Has the City of Ames funded this program/event before? __________________ If yes, what year was it last funded? _____________ If yes, what amount of funding was received? ____________ Program/Event Description Please answer each question below using the space provided. Explain how this request helps accomplish the goals of this program/event. If you are requesting an increase in funding from the last funding cycle, include an explanati on of the enhanced or expanded services you intend to provide with the additional funding: Ames Internatioinal Partner Cities Association 11/15/2022 Cindy Hicks 2427 Tullamore Lane, Ames IA 50010 3168710837 cghicks@iastate.edu 42-1393419 Promote citizen diplomacy through cultural and education exchanges 7/01/2023 6/30/2024 20 300 Yes 2022-2023 $5800 In 2023, the city of Ames and the city of Koshu, Japan will celebrate the 3 0 year anniversary of our sister city relationship. We are in the planning stages of organ izing an adult trip to Koshu to renew our agreement and friendship. Ames will also host a delegat ion of adults from Koshu. Ames is also exploring other possible sister city relationships i ncluding Podujeva, Kosovo. v.09.21.22 What efforts have you made to obtain funding from other sources? Include fundraising, dues, and any requests to other City- sponsored programs (e.g., ASSET, COTA, Ames Community Grants Program) Who will be responsible for ensuring compliance with the funding contract? What are his/her/their qualifications? Budget Complete the budget for your activity below, including pr evious fiscal years in columns A, B, and C, and your grant request from the City of Ames in box D10. (A)(B) (C) (D) REVENUE - ALL SOURCES FY 20-21 FY 21-22 FY 22-23 FY 23-24 ACTUAL ACTUAL ADOPTED PROPOSED 1 FUNDRAISING 2 MEMBERSHIP DUES 3 FEES CHARGED 4 INVESTMENT INCOME 5 GRANTS (PRIVATE SECTOR) 6 STATE/FEDERAL FUNDS 7 ISU OR ISU STUDENT GOVERNMENT FUNDS 8 OTHER GOV'T OR NON-PROFIT FUNDS 9 MISC. (Describe): 10 FUNDING REQUEST FROM CITY OF AMES 11 TOTAL REVENUES EXPENSES FY 20-21 FY 21-22 FY 22-23 FY 23-24 ACTUAL ACTUAL ADOPTED PROPOSED 12 SALARY AND RELATED 13 OCCUPANCY/RENT 14 SUPPLIES/EQUIPMENT 15 CONTRACTUAL SERVICES"""""""7WﾉWｪ;デｷﾗﾐ"┗ｷゲｷデゲ 16 PROMOTION/ADVERTISING 17 MISC. (Describe): 18 TOTAL EXPENSES Nﾐ"デｴW"ヮ;ゲデが"デｴW"#ﾏWゲ"1ｴ;ﾏHWヴゲ"ｴ;ゲ"Sﾗﾐ;デWS"HWデ┘WWﾐ"ガΒヰヰどガヱがヶヰヰ"ｷﾐ"ｪﾗﾗSゲ";ﾐS"ゲWヴ┗ｷIWゲ"┘ｴWﾐ"┘W"ｴ;┗W" ｴﾗゲデWS"ﾗ┌ヴ"[ﾗゲｴ┌"SWﾉWｪ;デWゲが"デｴW┞"ヮヴﾗ┗ｷSW"デｴW"a┌ﾐSｷﾐｪ"aﾗヴ"デｴW"ﾏW;ﾉ";デ"デｴW"a;ヴW┘Wﾉﾉ"SｷﾐﾐWヴ"aﾗヴ"デｴW"SWﾉWｪ;デｷﾗﾐ" ;ﾐS"デｴWｷヴ"ｴﾗゲデｷﾐｪ"a;ﾏｷﾉｷWゲく""~ｴW"#ﾏWゲ"1ｴ;ﾏHWヴ"ﾗa"1ﾗﾏﾏWヴIW"ｴ;ゲ";ﾉゲﾗ"IﾗﾏﾏｷデデWS"デﾗ"ヮヴﾗ┗ｷSｷﾐｪ"デ┘ﾗ"ゲIｴﾗﾉ;ヴゲｴｷヮゲ" aﾗヴ"ゲデ┌SWﾐデゲ"┘ｴﾗ"Sﾗﾐろデ"ｴ;┗W"デｴW"aｷﾐ;ﾐIｷ;ﾉ"ﾏW;ﾐゲ"デﾗ"ﾏ;ﾆW"デｴW"デヴｷヮく""1ﾗ┌ﾐデﾉWゲゲ"ｴﾗ┌ヴゲ"ﾗa"┗ﾗﾉ┌ﾐデWWヴ"デｷﾏW"ｪﾗ"ｷﾐデﾗ" デｴW"ヮﾉ;ﾐﾐｷﾐｪ";ﾐS"ｷﾏヮﾉWﾏWﾐデ;デｷﾗﾐ"ﾗa"デｴW"SWﾉWｪ;デｷﾗﾐ"┗ｷゲｷデく"}ﾗﾏW "ｷﾐSｷ┗ｷS┌;ﾉゲ"Sﾗﾐ;デW"I;ゲｴ";ﾐS";ﾐSっﾗヴ"ヮ;┞"aﾗヴ" ﾏW;ﾉゲ"aﾗヴ"デｴW"SWﾉWｪ;デWゲく"Kﾗゲデ"a;ﾏｷﾉｷWゲ"Iﾗ┗WヴWS"ヴﾗﾗﾏ";ﾐS"Hﾗ;ヴSが"デヴ;ﾐゲヮﾗヴデ;デｷﾗﾐが";ﾐS"デｴW";Iデｷ┗ｷデ┞っWﾐデヴ;ﾐIW"aWWゲく" 7WﾉWｪ;デWゲ";ﾐS"Iｴ;ヮWヴﾗﾐゲ"デﾗ"ﾗ┌ヴ"ヮ;ヴデﾐWヴ"IｷデｷWゲ"ヮヴﾗ┗ｷSW"デｴWｷヴ"ﾗ┘ﾐ";ｷヴ"a;ヴW";ﾐS"ヮ;┞"aﾗヴ"W┝デヴ;"W┝ヮWﾐゲWゲく"j┌ヴ"デヴｷヮ" ﾉW;SWヴゲ"ヮ;┞"ｴ;ﾉa"デｴWｷヴ"ヮﾉ;ﾐW"デｷIﾆWデ"S┌ヴｷﾐｪ"ﾗ┌ヴ"デヴｷヮゲ"デﾗ"ﾗ┌ヴ"ゲｷゲデWヴ"Iｷデ┞く }デ┌SWﾐデ"ゲIｴﾗﾉ;ヴゲｴｷヮゲ The AIPCA Board will be responsible for ensuring compliance. All of the Boa rd members currently have professional occupations. Brian Phillips is our city liaison and he helps us ensure our compliance. 400 400 500 495.04 500 500 600 100 100 3000 3000 5525 5800 5800 5800 51 80 200 500 947.92 450 850 200 50 95 4400 8000 268.95 428 450 200 3000 3000 9,800 10,000 8900 11,900 v.09.21.22 Proposed Task/Drawdown Schedule Funds awarded must be used to benefit the general public. On the lines below, describe the tasks you plan to complete using requested funds, the anticipated task completion date, and the amount you will request in reimbursement for that task. The total should add up to your funding request. Tasks below should be services and programs that will b e provided to the public (e.g., individual events, educational programs, improvements to public spaces, etc.). Tasks should not include costs that primarily benefit the organization (e.g., administrative expenses, overhead, rent, utilities, etc.). The organization should consider such internal costs in the overall cost of providing the specific service or program. Prioritize the tasks proposed in this list, with the tasks the organization would most like to receive funding for towards the top Priority Task Participants Completion Date Amount 1 2 3 4 5 6 7 8 9 TOTAL: Disclaimer and Submission By typing in my name below, I certify that my answers are t rue and complete to the best of my knowledge. I am authorized to submit this application on behalf of the organization named herein. Name: ___________________________________________ Title: __________________ Date: ___________ Submit completed applications to the City Manager’s Office , 515 Clark Avenue, Ames, IA 50010. Applications must be received no later than 5:00 p.m. on November 15 to be considered for funding. 30th anniversary Koshu trip 20 August 23 $3000 Host Koshu delegation All Sept 23 $2000 Explore relationship with Podejevo, Kosovo 4 June 24 $3000 Print and mail annual newsletter All January 24 $200 Annual Meeting/retreat 50 July 23 $500 Gifts for delegations Sept 23 $200 Student Scholarships 2 June 24 $3000 11,900 AIPCA President 11/15/2022Cynthia G. Hicks v.09.21.22 Outside Funding Request Process Application Application Information Is this request for a program/event sponsored by a student organization? Yes _______ No _______ Organization Name: __________________________________________________ Date: ________________ Contact Person: ____________________________________________________________________________ Contact Mailing Address: _____________________________________________________________________ Phone: _________________ Email Address: _____________________________ Tax ID #: _____________ Program/Event Information What are the goals of this program/event: _______________________________________________________ Date(s) program/event will be held: _________________ to _________________ Check if continuous or ongoing: ____________ Location of program/event: __________________________________________________________________ # of individuals involved in program/event planning: _____________________ # of individuals who will benefit from program/event: ___________________ Funding amount requested: __________________________________________________________________ Has the City of Ames funded this program/event before? __________________ If yes, what year was it last funded? _____________ If yes, what amount of funding was received? ____________ Program/Event Description Please answer each question below using the space provided. Explain how this request helps accomplish the goals of this program/event. If you are requesting an increase in funding from the last funding cycle, include an explanation of the enhanced or expanded services you intend to provide with the additional funding: Ames Main Street Sarah Dvorsky 304 Main Street, Ames, IA 50010 515-232-2310 sarahd@ameschamber.com 42-0623975 The main goals of Ames Main Street is to promote and maintain Downtown Ames as a destination for living, working, playing through shopping, dining, socializing and ente Downtown Ames 100+100+ $54,000 plus parking waivers ($5,488.50) = $59,488.50 Yes FY 2022/2023 $50,035 Please see the attached document ✔ ✔ v.09.21.22 What efforts have you made to obtain funding from other sources? Include fundraising, dues, and any requests to other City- sponsored programs (e.g., ASSET, COTA, Ames Community Grants Program) Who will be responsible for ensuring compliance with the funding contract? What are his/her/their qualifications? Budget Complete the budget for your activity below, including previous fiscal years in columns A, B, and C, and your grant request from the City of Ames in box D10. (A) (B) (C) (D) REVENUE - ALL SOURCES FY 20-21 FY 21-22 FY 22-23 FY 23-24 ACTUAL ACTUAL ADOPTED PROPOSED 1 FUNDRAISING 2 MEMBERSHIP DUES 3 FEES CHARGED 4 INVESTMENT INCOME 5 GRANTS (PRIVATE SECTOR) 6 STATE/FEDERAL FUNDS 7 ISU OR ISU STUDENT GOVERNMENT FUNDS 8 OTHER GOV'T OR NON-PROFIT FUNDS 9 MISC. (Describe): 10 FUNDING REQUEST FROM CITY OF AMES 11 TOTAL REVENUES EXPENSES FY 20-21 FY 21-22 FY 22-23 FY 23-24 ACTUAL ACTUAL ADOPTED PROPOSED 12 SALARY AND RELATED 13 OCCUPANCY/RENT 14 SUPPLIES/EQUIPMENT 15 CONTRACTUAL SERVICES 16 PROMOTION/ADVERTISING 17 MISC. (Describe): 18 TOTAL EXPENSES Please see the attached document. Please see the attached document. 21,007 17,750 22,789 45,500 31,872 37,259 29,559 30,000 1,208 7,100 15,544 5,000 6 53,649 50,035 55,532 58,996 107,812 81,700 77,600 616 650 616 650 1,294 1,664 4,556 6,450 46,500 46,500 75,000 75,000 1,184 4,389 7,636 44,400 5,481 (parking) 131,294 112,144 130,524 139,496 128,703 87,808 131,981 v.09.21.22 Proposed Task/Drawdown Schedule Funds awarded must be used to benefit the general public. On the lines below, describe the tasks you plan to complete using requested funds, the anticipated task completion date, and the amount you will request in reimbursement for that task. The total should add up to your funding request. Tasks below should be services and programs that will be provided to the public (e.g., individual events, educational programs, improvements to public spaces, etc.). Tasks should not include costs that primarily benefit the organization (e.g., administrative expenses, overhead, rent, utilities, etc.). The organization should consider such internal costs in the overall cost of providing the specific service or program. Prioritize the tasks proposed in this list, with the tasks the organization would most like to receive funding for towards the top Priority Task Participants Completion Date Amount 1 2 3 4 5 6 7 8 9 TOTAL: Disclaimer and Submission By typing in my name below, I certify that my answers are true and complete to the best of my knowledge. I am authorized to submit this application on behalf of the organization named herein. Name: ___________________________________________ Title: __________________ Date: ___________ Submit completed applications to the City Manager’s Office, 515 Clark Avenue, Ames, IA 50010. Applications must be received no later than 5:00 p.m. on November 15 to be considered for funding. Host 4th of July Parade 07/23 4,000 Fulfill Requirements to maintain Ames as an MSI community, including seeking and managing grants 08/23 and 01/24 13,500 Maintain a current building and business inventory, district statistics, per the requirements of the MSI Program 12/23 2,500 Serve as a point of contact regarding downtown public policy issues and inform property owners and tenants about policy changes, construction pro 12/23 and 6/24 8,500 Host Snow Magic 12/23 3,007.5 Conduct public right-of-way beautification efforts 5/24 12,000 Host Art Walk 6/24 3,007.5 Serve as a point of contact for special events, whether organized by Ames Main Street or others 6/24 4,000 Host (4) district-wide retail promotions and arrange for free parking in Downtown for (4) Saturdays in one calendar year.6/24 8,481 58,996 Executive Director 11/15/2022Sarah Dvorsky What are the goals of this program/event: The main goals of Ames Main Street is to promote and maintain Downtown Ames as a destination for living, working, playing through shopping, dining, socializing and entertainment; promoting historic preservation and building development through facade work and upper-story housing, and renovation; recruiting and retaining new businesses; organizing events and promotions that increase customer and community engagement with the businesses that should result in higher tax revenue for the City of Ames. In 2022, we participated in a Market Study Research program through Main Street Iowa. This process has helped us create action plans based on what our business community and Downtown visitors are looking for. We will execute these action plans 2023-2025. Explain how this request helps accomplish the goals of this program/event. If you are requesting an increase in funding from the last funding cycle, include an explanation of the enhanced or expanded services you intend to provide with the additional funding: 1. Host 4th of July Parade ($4,000) 2. Fulfill Requirements to maintain Ames as an MSI community, including seeking and managing grants ($13,500) 3. Maintain a current building and business inventory, district statistics, per the requirements of the MSI Program ($2,500) 4. Serve as a point of contact regarding downtown public policy issues and inform property owners and tenants about policy changes, construction projects, and other issues that may affect downtown, as well as serve as a point of contact for special events, whether organized by Ames Main Street or others ($8,500) 5. Host Snow Magic ($3,500) 6. Conduct public right-of-way beautification efforts ($12,000) 7. Host ArtWalk ($3,000) 8. Serve as a point of contact for special events, whether organized by Ames Main Street or others 9. Host (4) district-wide retail promotions ($3,000) and arrange for free parking in Downtown for (4) Saturdays in one calendar year. ($5,481) We are requesting funding to allow for free parking for the following events, which we have included in item (9). - Downtown Dollar Days (one day) - Summer Sidewalk Sales (one day) - Shop for a Cause (one day) - Small Business Saturday (one day) We believe a teaser of free parking incentivizes Downtown patrons to come support the businesses for an event, turns them into long-term customers, and gives retailers the opportunity to showcase where additional parking opportunities are located. We are asking for a total of $54,000 to be allocated to the program with $5,481 to be provided to pay for parking in Downtown Ames. What efforts have you made to obtain funding from other sources? Include fundraising, dues, and any requests to other City- sponsored programs (e.g., ASSET, COTA, Ames Community Grants Program) Ames Main Street raises funds through Investor Dues from downtown business owners, building owners, and other interested parties, as well as through fundraising for events through sponsorships. We have applied for the Ames Community Grants program through Discover Ames to help support one of our newer events, 515 Week. Who will be responsible for ensuring compliance with the funding contract? What are his/her/their qualifications?: 1. Sarah Dvorsky, Executive Director of Ames Main Street 2. Amy Howard, Vice President of Finance and Operations, Ames Chamber of Commerce 3. Ames Main Street Board of Directors - 16 volunteers We believe with these individuals and the organization's oversight from the Ames Chamber of Commerce, this organization has a history of properly using city funding. v.09.21.22 Outside Funding Request Process Application Application Information Is this request for a program/event sponsored by a student organization? Yes _______ No _______ Organization Name: __________________________________________________ Date: ________________ Contact Person: ____________________________________________________________________________ Contact Mailing Address: _____________________________________________________________________ Phone: _________________ Email Address: _____________________________ Tax ID #: _____________ Program/Event Information What are the goals of this program/event: _______________________________________________________ Date(s) program/event will be held: _________________ to _________________ Check if continuous or ongoing: ____________ Location of program/event: __________________________________________________________________ # of individuals involved in program/event planning: _____________________ # of individuals who will benefit from program/event: ___________________ Funding amount requested: __________________________________________________________________ Has the City of Ames funded this program/event before? __________________ If yes, what year was it last funded? _____________ If yes, what amount of funding was received? ____________ Program/Event Description Please answer each question below using the space provided. Explain how this request helps accomplish the goals of this program/event. If you are requesting an increase in funding from the last funding cycle, include an explanation of the enhanced or expanded services you intend to provide with the additional funding: Ames Chamber of Commerce - Campustown Dan Culhane 304 Main Street, Ames, IA 50010 515-232-2310 dan@ameschamber.com 42-0623975 Please see attached document Campustown Business District 100+100+ $42,500 Yes FY 22/23 $40,000 Please see attached ✔ ✔ v.09.21.22 What efforts have you made to obtain funding from other sources? Include fundraising, dues, and any requests to other City- sponsored programs (e.g., ASSET, COTA, Ames Community Grants Program) Who will be responsible for ensuring compliance with the funding contract? What are his/her/their qualifications? Budget Complete the budget for your activity below, including previous fiscal years in columns A, B, and C, and your grant request from the City of Ames in box D10. (A) (B) (C) (D) REVENUE - ALL SOURCES FY 20-21 FY 21-22 FY 22-23 FY 23-24 ACTUAL ACTUAL ADOPTED PROPOSED 1 FUNDRAISING 2 MEMBERSHIP DUES 3 FEES CHARGED 4 INVESTMENT INCOME 5 GRANTS (PRIVATE SECTOR) 6 STATE/FEDERAL FUNDS 7 ISU OR ISU STUDENT GOVERNMENT FUNDS 8 OTHER GOV'T OR NON-PROFIT FUNDS 9 MISC. (Describe): 10 FUNDING REQUEST FROM CITY OF AMES 11 TOTAL REVENUES EXPENSES FY 20-21 FY 21-22 FY 22-23 FY 23-24 ACTUAL ACTUAL ADOPTED PROPOSED 12 SALARY AND RELATED 13 OCCUPANCY/RENT 14 SUPPLIES/EQUIPMENT 15 CONTRACTUAL SERVICES 16 PROMOTION/ADVERTISING 17 MISC. (Describe): 18 TOTAL EXPENSES Please see attached document 4,000 10,000 10,000 10,000 40,000 43,750 3,750 3,750 9,600 15,000 25,500 25,000 15,000 20,000 54,000 63,750 53,850 63,750 v.09.21.22 Proposed Task/Drawdown Schedule Funds awarded must be used to benefit the general public. On the lines below, describe the tasks you plan to complete using requested funds, the anticipated task completion date, and the amount you will request in reimbursement for that task. The total should add up to your funding request. Tasks below should be services and programs that will be provided to the public (e.g., individual events, educational programs, improvements to public spaces, etc.). Tasks should not include costs that primarily benefit the organization (e.g., administrative expenses, overhead, rent, utilities, etc.). The organization should consider such internal costs in the overall cost of providing the specific service or program. Prioritize the tasks proposed in this list, with the tasks the organization would most like to receive funding for towards the top Priority Task Participants Completion Date Amount 1 2 3 4 5 6 7 8 9 TOTAL: Disclaimer and Submission By typing in my name below, I certify that my answers are true and complete to the best of my knowledge. I am authorized to submit this application on behalf of the organization named herein. Name: ___________________________________________ Title: __________________ Date: ___________ Submit completed applications to the City Manager’s Office, 515 Clark Avenue, Ames, IA 50010. Applications must be received no later than 5:00 p.m. on November 15 to be considered for funding. District wide clean up and beautification 1 (ongoing through the year)07/2023 10,000 District wide clean up and beautification 2 (ongoing through the year)01/2024 10,000 Host two farmers markets 9/23 and 5/24 7,500 Host summer event 8/23 5,000 Host Small Business Saturday 11/23 5,000 Arrange for free parking for (1) Saturday 11/23 1,250 Point of Contact for the district regarding the City of Ames Facade Grant program as well as any other communication from the City of Ames 12/23 5,000 43,750 President and CEO 11/15/2022Dan Culhane What are the goals of this program/event: The Ames Chamber of Commerce will continue our aggressive program of work for the Campustown district in 2023 which will include clean up and beautification throughout the year. The Chamber will implement no less than 4 community events within the district, while also serving as the Point of Contact for the City of Ames inside the district. Finally, the Chamber will be the organization promoting the City of Ames Facade Grant Program to businesses and building owners inside the district. Explain how this request helps accomplish the goals of this program/event. If you are requesting an increase in funding from the last funding cycle, include an explanation of the enhanced or expanded services you intend to provide with the additional funding: The funding will assist in accomplishing several goals of improving the Campustown district. The City's funding, along with private funding and a financial allocation from Iowa State University, will allow for consistent clean up, fresh banners on light poles, and other plants and flowers that will aesthetically enhance the district. We will also implement 3 different events, currently focusing on a summer community event, two farmers markets, and a Small Business Saturday celebration. The goal of these events is to engage the ISU student community as well as the general community at-large. We will also work to maintain the highest level of communication possible with stakeholders in the Campustown area, working closely with building owners, business owners, to keep them apprised of the facade grant program and maintaining a rapid response to street closures and other needs of the City when it impacts the Campustown area. In addition to our event support, we ask for the waiver of parking meters for Small Business Saturday. By removing the parking fees for one day, this incentivizes Campustown patrons to come support the businesses for an event, turns them into long-term customers, and gives retailers the opportunity to showcase where additional parking opportunities are located. This is valued at $1,250. What efforts have you made to obtain funding from other sources? Include fundraising, dues, and any requests to other City- sponsored programs (e.g., ASSET, COTA, Ames Community Grants Program) The Ames Chamber of Commerce is financially committed to the funding for 2023 and will be supporting the work through the depth of our team of professionals. Iowa State University is being asked to financially support the program of work as well. Finally, the business community, inside and outside of Campustown, is being solicited for annual investment as well as sponsorship of events and programs. Who will be responsible for ensuring compliance with the funding contract? What are his/her/their qualifications? Amy Howard, Vice President of Finance & Operations at the Ames Chamber of Commerce. She handles the contracts currently held by the organization and would manage this one as well. She has served in this role for 17 years and manages budgets totaling over $3 million in revenues annually between the Ames Chamber of Commerce and its affiliate entities. !"#$"%&"%%* !"#$%&'()"*&%*+(,'-"'$#(./01'$$(?>>3%17#%0*( ?>>3%17#%0*(B*90/@7#%0*( J.*-(/.*7)5,).-*;87*<*:7837<?Q)!)2-*.:82.87)0*=A*<*.-,0)2-*873<2/G<-/82^******_).*```````***S8*```````* +73<2/G<-/82*S<?)[*``````````````````````````````````````````````````*K<-)[*````````````````* C82-<9-*6)7.82[*````````````````````````````````````````````````````````````````````````````* C82-<9-*V</>/23*@007)..[*`````````````````````````````````````````````````````````````````````* 6(82)[*`````````````````*F?</>*@007)..[*`````````````````````````````*'<I*JK*a[*`````````````* ./0+/7@C2;'*#(B*90/@7#%0*( b(<-*<7)*-()*38<>.*8;*-(/.*:7837<?Q)!)2-[*```````````````````````````````````````````````````````* K<-)P.R*:7837<?Q)!)2-*H/>>*=)*()>0[*`````````````````*-8*`````````````````* C()9U*/;*982-/2,8,.*87* 8238/23[*````````````* c89<-/82*8;*:7837<?Q)!)2-[*``````````````````````````````````````````````````````````````````* a*8;*/20/!/0,<>.*/2!8>!)0*/2** :7837<?Q)!)2-*:><22/23[*****`````````````````````* a*8;*/20/!/0,<>.*H(8*H/>>** =)2);/-*;78?*:7837<?Q)!)2-[*```````````````````* 1,20/23*<?8,2-*7)5,).-)0[*``````````````````````````````````````````````````````````````````* d<.*-()*C/-A*8;*@?).*;,20)0* -(/.*:7837<?Q)!)2-*=);87)^*``````````````````* J;*A).D*H(<-*A)<7** H<.*/-*><.-** ;,20)0^*`````````````* J;*A).D*H(<-*<?8,2-*8;* ;,20/23*H<.** 7)9)/!)0^*````````````* ./0+/7@C2;'*#(D'$1/%>#%0*( ='"$(")$5(;"%)"$.-)<3"(,/*5)6"'*;)3(/5#),-")(2$.")2%*1/&"&8) FI:></2*(8H*-(/.*7)5,).-*()>:.*<998?:>/.(*-()*38<>.*8;*-(/.*:7837<?Q)!)2-"*J;*A8,*<7)*7)5,).-/23*<2*/297)<.)*/2* ;,20/23*;78?*-()*><.-*;,20/23*9A9>)D*/29>,0)*<2*)I:><2<-/82*8;*-()*)2(<29)0*87*)I:<20)0*.)7!/9).*A8,*/2-)20*-8* :78!/0)*H/-(*-()*<00/-/82<>*;,20/23[* * * * * * * * * * * * * * * * * Home Allies, Inc.11.15.22 Lauris Olson, President 1705 Buchanan Drive 515-766-0538 info@homeallies.org 87-2045725 Increase the number of economically sustainable, centrally Construct April - Au Occupancy August, 913 & 915 Duff Avenue, Ames, IA 3 + architects, general co 8 to 16 per year. 300 $10,000 Yes 2022 $25,000 The City Council approved $25,000 assistance for construction of 8 studio apartments on Duff Avenue. The grant was 3% to 4% of the original estimated acquisition cost. Supply chain delays, labor & material shortages and inflation have increased estimates between 30% and 60%. The supplemental $10,000 keeps city support at 3% to 4% of total cost, moving the project toward fruition. ✔ ✔ !"#$"%&"%%* b(<-*);;87-.*(<!)*A8,*?<0)*-8*8=-</2*;,20/23*;78?*8-()7*.8,79).^*J29>,0)*;,207</./23D*0,).D*<20*<2A*7)5,).-.* -8*8-()7*C/-AL*.:82.87)0*:7837<?.*P)"3"D*@EEF'D*C+'@D*@?).*C8??,2/-A*B7<2-.*67837<?R* * * * * * * * * * b(8*H/>>*=)*7).:82./=>)*;87*)2.,7/23*98?:>/<29)*H/-(*-()*;,20/23*982-7<9-^*b(<-*<7)*(/.Q()7Q-()/7* 5,<>/;/9<-/82.^* * * * * * * * * * E"&+'#( >*72'","),-")63&#",)+*%)4*3%)$.,/1/,4)6"'*;0)/5.'3&/5#)2%"1/*3()+/(.$')4"$%()/5).*'375()?0)@0)$5&)>0)$5&)4*3%) #%$5,)%"<3"(,)+%*7),-")>/,4)*+)?7"()/5)6*A)BCD8) **P@R*PeR*PCR*PKR* ,2F2GH2(I(?JJ(K!H,62K()L(MNIMO()L(MOIMM()L(MMIMP()L(MPIMQ( ?6RH?J(?6RH?J(?D!.R2D(.,!.!K2D( &*1MSK4@JEJSB***** %*VFVeF4EdJ6*KMFE***** N*1FFE*Cd@4BFK***** O*JSfFE'VFS'*JSC+VF***** T*B4@S'E*P64Jf@'F*EFC'+4R***** Y*E'@'FQ1FKF4@c*1MSKE***** Z*JEM*+4*JEM*E'MKFS'*B+fF4SVFS'*1MSKE***** \*+'dF4*B+fg'*+4*S+SL64+1J'*1MSKE***** $*VJEC"*PK).97/=)R[***** &#*)HGDBGS(,2TH2KR(),!U(6BRL(!)(?U2K(**** &&*R!R?J(,2F2GH2K(**** * 2V.2GK2K()L(MNIMO()L(MOIMM()L(MMIMP()L(MPIMQ( ?6RH?J(?6RH?J(?D!.R2D(.,!.!K2D( &%*E@c@4_*@SK*4Fc@'FK***** &N*+CCM6@SC_Q4FS'***** &O*EM66cJFEQFhMJ6VFS'***** &T*C+S'4@C'M@c*EF4fJCFE***** &Y*64+V+'J+SQ@KfF4'JEJSB***** &Z*VJEC"*PK).97/=)R[***** &\*R!R?J(2V.2GK2K(** * $145,000 awarded in construction grants (includes $25,000 from Ames). $49,200 awarded for rent subsidies. $50,000 in cash donations to date. We continue to apply for grants. donations & a mortgage. The Board of Home Allies: President Lauris Olson, a former business owner and Story County Supervisor. Kerry Whisnant, a retired physics professor at ISU. Tami Albright, experienced bookkeeper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```````````````````````````````````````````***'/->)[*``````````````````*K<-)[*```````````* * E,=?/-*98?:>)-)0*<::>/9<-/82.*-o the City Manager’s Office, 515 Clark Avenue, Ames, IA 50010. Applications ?,.-*=)*7)9)/!)0*28*><-)7*-(<2*T[##*:"?"*82*S8!)?=)7*&T*-8*=)*982./0)7)0*;87*;,20/23"* * * Construct 8 studio apartments 300 over 30 yeJune 203 $10,000 $10,000 President 11-15-22Lauris Olson v.09.21.22 Outside Funding Request Process Application Application Information Is this request for a program/event sponsored by a student organization? Yes _______ No _______ Organization Name: __________________________________________________ Date: ________________ Contact Person: ____________________________________________________________________________ Contact Mailing Address: _____________________________________________________________________ Phone: _________________ Email Address: _____________________________ Tax ID #: _____________ Program/Event Information What are the goals of this program/event: _______________________________________________________ Date(s) program/event will be held: _________________ to _________________ Check if continuous or ongoing: ____________ Location of program/event: __________________________________________________________________ # of individuals involved in program/event planning: _____________________ # of individuals who will benefit from program/event: ___________________ Funding amount requested: __________________________________________________________________ Has the City of Ames funded this program/event before? __________________ If yes, what year was it last funded? _____________ If yes, what amount of funding was received? ____________ Program/Event Description Please answer each question below using the space provided. Explain how this request helps accomplish the goals of this program/event. If you are requesting an increase in funding from the last funding cycle, include an explanation of the enhanced or expanded services you intend to provide with the additional funding: Hunziker Youth Sports Complex (HYSC)11/14/22 Nathan Haila 1112 Idaho Ave., Ames, IA 50014 515-460-4647 nathanhaila@gmail.com 42-1421342 To provide a safe and well-maintained environment for youth and families of the Ames Community where they can engage in sporting activities, based on the fundamentals March November 7,000 $100,000 Yes 2021 $80,000 At HYSC we're committed to seeing Ames accomplish it's goals by playing our role in the community. Additional funding for this coming year is requested to help us build on the progress that was made in the last year. Please see the attached sheet for brief expansions on how additional funding will help us continue this progress. These statements are also available on our website at hyscames.org. ✔ ✔ v.09.21.22 What efforts have you made to obtain funding from other sources? Include fundraising, dues, and any requests to other City- sponsored programs (e.g., ASSET, COTA, Ames Community Grants Program) Who will be responsible for ensuring compliance with the funding contract? What are his/her/their qualifications? Budget Complete the budget for your activity below, including previous fiscal years in columns A, B, and C, and your grant request from the City of Ames in box D10. (A) (B) (C) (D) REVENUE - ALL SOURCES FY 20-21 FY 21-22 FY 22-23 FY 23-24 ACTUAL ACTUAL ADOPTED PROPOSED 1 FUNDRAISING 2 MEMBERSHIP DUES 3 FEES CHARGED 4 INVESTMENT INCOME 5 GRANTS (PRIVATE SECTOR) 6 STATE/FEDERAL FUNDS 7 ISU OR ISU STUDENT GOVERNMENT FUNDS 8 OTHER GOV'T OR NON-PROFIT FUNDS 9 MISC. (Describe): 10 FUNDING REQUEST FROM CITY OF AMES 11 TOTAL REVENUES EXPENSES FY 20-21 FY 21-22 FY 22-23 FY 23-24 ACTUAL ACTUAL ADOPTED PROPOSED 12 SALARY AND RELATED 13 OCCUPANCY/RENT 14 SUPPLIES/EQUIPMENT 15 CONTRACTUAL SERVICES 16 PROMOTION/ADVERTISING 17 MISC. (Describe): 18 TOTAL EXPENSES Each sport that resides at HYSC pays annual fees to help cover operating expenses. Additionally, our board has convened a fundraising committee that is executing on a 2022-23 fundraising campaign. Nathan Haila, HYSC Board President ------$45,000.00 $41,804.00 $92,593.00 $94,000.00 $101,520.00 $1,200 $30.00 $30.00 $10.00 $10.00 $25,520.00 $34,800.00 $38,500.00 $32,000 $36,000.00 $80,000.00 $100,000 $73,834.00 $12,500.00 $35,709.00 $105,000.00 $136,500.00 $18,000.00 $40,425.00 $74,500.00 $102,950.00 $49,000.00 $64,615.00 $2,000.00 $15,000.00 $42,000.00 $42,700.00 $81,500.00 $154,143.00$210,010.00$285,030.00 $155,749.00$221,500.00$282,150.00 v.09.21.22 Proposed Task/Drawdown Schedule Funds awarded must be used to benefit the general public. On the lines below, describe the tasks you plan to complete using requested funds, the anticipated task completion date, and the amount you will request in reimbursement for that task. The total should add up to your funding request. Tasks below should be services and programs that will be provided to the public (e.g., individual events, educational programs, improvements to public spaces, etc.). Tasks should not include costs that primarily benefit the organization (e.g., administrative expenses, overhead, rent, utilities, etc.). The organization should consider such internal costs in the overall cost of providing the specific service or program. Prioritize the tasks proposed in this list, with the tasks the organization would most like to receive funding for towards the top Priority Task Participants Completion Date Amount 1 2 3 4 5 6 7 8 9 TOTAL: Disclaimer and Submission By typing in my name below, I certify that my answers are true and complete to the best of my knowledge. I am authorized to submit this application on behalf of the organization named herein. Name: ___________________________________________ Title: __________________ Date: ___________ Submit completed applications to the City Manager’s Office, 515 Clark Avenue, Ames, IA 50010. Applications must be received no later than 5:00 p.m. on November 15 to be considered for funding. Youth Sports Programs 7000 10/31 $100,000 Board President 11/14/22Nathan Haila Please find below how additional funding from the City of Ames will help the Hunziker Youth Sports Complex help the city of Ames accomplish its goals! Increasing Access for All Community Members & Creating Space for Healthy Activity With a generous grant from the City of Ames, HYSC will be able to offset additional expenses for operating the complex, including field/greens maintenance, equipment and building upkeep. This funding helps all sports keep our registration fees lower. This helps each sport pursue a goal of increasing participation from community members of all socioeconomic statuses. Expanding Capacity for Connecting the Community Through Activities Additional funding will expand HYSC's capacity for the management and coordination of event planning (current and new), event hosting and the requisite maintenance and management activities required with operating the complex in a well maintained and inviting capacity. Generating Positive Economic Impact on Ames This increased capacity may seed opportunity for increased participation by other community sports groups as well as make the complex a more attractive environment for other youth sporting events, bringing families from outside the community to Ames––generating a positive economic impact to the community. Additionally, this more attractive environment will make Ames more appealing for those looking to move to a new community. HYSC has historically made a significant contribution to the youth sports community of Ames and is poised to make an even more substantial impact in the years ahead. We are excited to continue to partner with the city in this capacity. We are willing to expand on the progress being made in each of these areas, if desired. Nathan Haila HYSC Board President HYSC Board Members: Kurt Moore, Tracy Greene, David Dear, Sam Schill, Mark Irvin, Ryan Cable ǀ͘Ϭϵ͘Ϯϭ͘ϮϮ Outside Funding Request Process Application Application Information /ƐƚŚŝƐƌĞƋƵĞƐƚĨŽƌĂƉƌŽŐƌĂŵͬĞǀĞŶƚƐƉŽŶƐŽƌĞĚďLJĂƐƚƵĚĞŶƚŽƌŐĂŶŝnjĂƚŝŽŶ͍zĞƐͺͺͺͺͺͺͺEŽͺͺͺͺͺͺͺ KƌŐĂŶŝnjĂƚŝŽŶEĂŵĞ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺĂƚĞ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ŽŶƚĂĐƚWĞƌƐŽŶ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ŽŶƚĂĐƚDĂŝůŝŶŐĚĚƌĞƐƐ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ WŚŽŶĞ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺŵĂŝůĚĚƌĞƐƐ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺdĂdž/η͗ͺͺͺͺͺͺͺͺͺͺͺͺͺ Program/Event Information tŚĂƚĂƌĞƚŚĞŐŽĂůƐŽĨƚŚŝƐƉƌŽŐƌĂŵͬĞǀĞŶƚ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ĂƚĞ;ƐͿƉƌŽŐƌĂŵͬĞǀĞŶƚǁŝůůďĞŚĞůĚ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺƚŽͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ŚĞĐŬŝĨĐŽŶƚŝŶƵŽƵƐŽƌ ŽŶŐŽŝŶŐ͗ͺͺͺͺͺͺͺͺͺͺͺͺ >ŽĐĂƚŝŽŶŽĨƉƌŽŐƌĂŵͬĞǀĞŶƚ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ηŽĨŝŶĚŝǀŝĚƵĂůƐŝŶǀŽůǀĞĚŝŶ ƉƌŽŐƌĂŵͬĞǀĞŶƚƉůĂŶŶŝŶŐ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ηŽĨŝŶĚŝǀŝĚƵĂůƐǁŚŽǁŝůů ďĞŶĞĨŝƚĨƌŽŵƉƌŽŐƌĂŵͬĞǀĞŶƚ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ &ƵŶĚŝŶŐĂŵŽƵŶƚƌĞƋƵĞƐƚĞĚ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ,ĂƐƚŚĞŝƚLJŽĨŵĞƐĨƵŶĚĞĚ ƚŚŝƐƉƌŽŐƌĂŵͬĞǀĞŶƚďĞĨŽƌĞ͍ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ /ĨLJĞƐ͕ǁŚĂƚLJĞĂƌ ǁĂƐŝƚůĂƐƚ ĨƵŶĚĞĚ͍ͺͺͺͺͺͺͺͺͺͺͺͺͺ /ĨLJĞƐ͕ǁŚĂƚĂŵŽƵŶƚŽĨ ĨƵŶĚŝŶŐǁĂƐ ƌĞĐĞŝǀĞĚ͍ͺͺͺͺͺͺͺͺͺͺͺͺ Program/Event Description Please answer each question below using the space provided. džƉůĂŝŶŚŽǁƚŚŝƐƌĞƋƵĞƐƚŚĞůƉƐĂĐĐŽŵƉůŝƐŚƚŚĞŐŽĂůƐŽĨƚŚŝƐƉƌŽŐƌĂŵͬĞǀĞŶƚ͘/ĨLJŽƵĂƌĞƌĞƋƵĞƐƚŝŶŐĂŶŝŶĐƌĞĂƐĞŝŶ ĨƵŶĚŝŶŐĨƌŽŵƚŚĞůĂƐƚĨƵŶĚŝŶŐĐLJĐůĞ͕ŝŶĐůƵĚĞĂŶĞdžƉůĂŶĂƚŝŽŶŽĨƚŚĞĞŶŚĂŶĐĞĚŽƌĞdžƉĂŶĚĞĚƐĞƌǀŝĐĞƐLJŽƵŝŶƚĞŶĚƚŽ ƉƌŽǀŝĚĞǁŝƚŚƚŚĞĂĚĚŝƚŝŽŶĂůĨƵŶĚŝŶŐ͗ Story County Housing Trust 11/15/2021 Andrew Collings 420 Watson Powell Jr Way, Des Moines, IA 50309 515-334-0075 acollings@dmampo.org 81-4570694 Sustain affordability of owner-occupied housing stock and rental assistance. January 2024 December 2025 The City of Ames and the surrounding communities in Story County. 13 200/year $54,268/year Yes July 1, 2022 - June 30, 2023 $38,000 The State Housing Trust Fund grants require a 25% local match. City of Ames funding is used to help meet that obligation. 100% of funding will be used towards owner-occupied home repairs and rental assistance programs in Story County for those earning less than 80% of AMI. Yearly funding is increasing from the SHTF and the SCHT has to increase local funds proportionally to meet match requirements. ✔ ✔ ǀ͘Ϭϵ͘Ϯϭ͘ϮϮ tŚĂƚĞĨĨŽƌƚƐŚĂǀĞLJŽƵŵĂĚĞƚŽŽďƚĂŝŶĨƵŶĚŝŶŐĨƌŽŵŽƚŚĞƌƐŽƵƌĐĞƐ͍/ŶĐůƵĚĞĨƵŶĚƌĂŝƐŝŶŐ͕ĚƵĞƐ͕ĂŶĚĂŶLJƌĞƋƵĞƐƚƐ ƚŽŽƚŚĞƌŝƚLJͲƐƉŽŶƐŽƌĞĚƉƌŽŐƌĂŵƐ;Ğ͘Ő͕͘^^d͕Kd͕ŵĞƐŽŵŵƵŶŝƚLJ'ƌĂŶƚƐWƌŽŐƌĂŵͿ tŚŽǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌĞŶƐƵƌŝŶŐĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞĨƵŶĚŝŶŐĐŽŶƚƌĂĐƚ͍tŚĂƚĂƌĞŚŝƐͬŚĞƌͬƚŚĞŝƌ ƋƵĂůŝĨŝĐĂƚŝŽŶƐ͍ Budget Complete the budget for your activity below, including previous fiscal years in columns A, B, and C, and your grant request from the City of Ames in box D10. ;Ϳ ;Ϳ;Ϳ;Ϳ REVENUE - ALL SOURCES FY 20-21 FY 21-22 FY 22-23 FY 23-24 ACTUAL ACTUAL ADOPTED PROPOSED ϭ&hEZ/^/E' ϮDDZ^,/Wh^ ϯ&^,Z' ϰ/Es^dDEd/EKD ϱ'ZEd^;WZ/sd^dKZͿ ϲ^ddͬ&Z>&hE^ ϳ/^hKZ/^h^dhEd'KsZEDEd&hE^ ϴKd,Z'KsΖdKZEKEͲWZK&/d&hE^ ϵD/^͘;ĞƐĐƌŝďĞͿ͗ ϭϬFUNDING REQUEST FROM CITY OF AMES ϭϭTOTAL REVENUES EXPENSES FY 20-21 FY 21-22 FY 22-23 FY 23-24 ACTUAL ACTUAL ADOPTED PROPOSED ϭϮ^>ZzEZ>d ϭϯKhWEzͬZEd ϭϰ^hWW>/^ͬYh/WDEd ϭϱKEdZdh>^Zs/^ ϭϲWZKDKd/KEͬsZd/^/E' ϭϳD/^͘;ĞƐĐƌŝďĞͿ͗ ϭϴTOTAL EXPENSES ŽŶƚƌĂĐƚĨĞĞƐĨŽƌĚŵŝŶŝƐƚƌĂƚŝŽŶ The SCHT received $270,813 in 2022 State Housing Trust Fund and for 2023 requested $347,919. Cities above 3,000 population and the County pay dues. The SCHT also fund raises throughout the year. The SCHT has been administered by the Des Moines Area MPO who staffs multiple other agencies, including another HTF, and manages over $20 Million a year in federal transportation dollars. 10010.00 3833.90 10000 10000 207973.00 270813 347919 350000 42356.12 17449.02 18224 26232 35843.00 35000 38000 54268 296182.12 500 282652.49 180395.36 350000 350000 621.17 1000 1000 20000 20000 27081 34791 303152.49 327095.92 414143.00 440500.00 201016.53 378081.00 385791.00 ǀ͘Ϭϵ͘Ϯϭ͘ϮϮ Proposed Task/Drawdown Schedule Funds awarded must be used to benefit the general public. On the lines below, describe the tasks you plan to complete using requested funds, the anticipated task completion date, and the amount you will request in reimbursement for that task. The total should add up to your funding request. Tasks below should be services and programs that will be provided to the public (e.g., individual events, educational programs, improvements to public spaces, etc.). Tasks should not include costs that primarily benefit the organization (e.g., administrative expenses, overhead, rent, utilities, etc.). The organization should consider such internal costs in the overall cost of providing the specific service or program. Prioritize the tasks proposed in this list, with the tasks the organization would most like to receive funding for towards the top Priority Task Participants Completion Date Amount ϭ Ϯ ϯ ϰ ϱ ϲ ϳ ϴ ϵ TOTAL: Disclaimer and Submission By typing in my name below, I certify that my answers are true and complete to the best of my knowledge. I am authorized to submit this application on behalf of the organization named herein. EĂŵĞ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺdŝƚůĞ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺĂƚĞ͗ͺͺͺͺͺͺͺͺͺͺͺ ^ƵďŵŝƚĐŽŵƉůĞƚĞĚĂƉƉůŝĐĂƚŝŽŶƐƚŽƚŚĞŝƚLJDĂŶĂŐĞƌ͛ƐKĨĨŝĐĞ͕ϱϭϱůĂƌŬǀĞŶƵĞ͕ŵĞƐ͕/ϱϬϬϭϬ͘ƉƉůŝĐĂƚŝŽŶƐ ŵƵƐƚďĞƌĞĐĞŝǀĞĚŶŽůĂƚĞƌƚŚĂŶϱ͗ϬϬƉ͘ŵ͘ŽŶEŽǀĞŵďĞƌϭϱƚŽďĞĐŽŶƐŝĚĞƌĞĚĨŽƌĨƵŶĚŝŶŐ͘ Owner-Occupied Repair, estimate 5 12/30/25 $35,000 Rental Assistance, estimate 30 12/30/25 $19,268 $54,268 Administrator 11/15/22Andrew Collings ITEM #: 47 DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: 2022/23 ASPHALT STREET PAVEMENT IMPROVEMENTS (28TH ST) BACKGROUND: This is the annual program for reconstruction or rehabilitation of deteriorated asphalt streets to prevent premature breakdown of the pavement and increasing maintenance costs. For this project, full-depth reconstruction is necessary due to locations of structural pavement failure. This project is located on 28th St from Hoover Ave to Ferndale Ave. The project will also include the upsizing and replacement of select storm intakes and construction of ADA ramps. This area experienced localized flooding during intense rainfall events in 2016 when our community received 6 inches of rain within 2 hours. Staff held a public meeting with 28th St residents to answer questions and obtain input on staging, construction timing, and special access needs. No concerns or conflicts with the current plans were received. On December 7, 2022, bids for the project were received as follows: Bidder Base Bid Engineer’s Estimate $858,328.00 Manatt’s, Inc. $846,926.84 Inroads $945,319.36 Revenue and expenses associated with this project are estimated as follows: Funding Source Available Revenue Estimated Expenses 2022/33 Asphalt Streets Improv G.O. Bonds $1,000,000.00 28th St Construction Low Bid $ 846,926.84 Engineering/Administration $ 125,000.00 $1,000,000.00 $ 971,926.84 ALTERNATIVES: 1. a. Accept the report of bids for the 2022/23 Asphalt Street Pavement Improvements (28th Street) project. b. Approve the final plans and specifications for this project. c. Award the 2022/23 Asphalt Street Pavement Improvements (28th Street) project to Manatt’s Inc, of Ames, Iowa, in the amount of $846,926.84. 2. Do not proceed with this project. CITY MANAGER'S RECOMMENDED ACTION: Accepting the report of bids and awarding the project will allow this improvement to proceed, providing street conditions and lowering maintenance costs. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ITEM #: _______ DATE: 12-13-22 COUNCIL ACTION FORM REQUEST: ZONING TEXT AMENDMENT TO ALLOW A 20% REDUCTION IN REQUIRED PARKING FOR CERTAIN COMMERCIAL AND INDUSTRIAL USES ON SITES WITH MORE THAN 100 PARKING STALLS BACKGROUND: On October 11th, the City Council referred a zoning text amendment request to staff from Strand Associates on behalf of a regional furniture store operator requesting a change in the required parking for Wholesale Trade and Display stores which include furniture stores. The request was to change from the current 1 space per 500 square feet to a 1 space per 750 square feet. At that meeting, the City Council directed staff to move forward with a broader parking reduction option for a comprehensive 20% reduction allowance for required parking for commercial and industrial sites exceeding 100 spaces. (Attachment A-Draft Standards) This option allows for, at the request of a developer, any new site or addition to an existing site that has 100 or more parking space to qualify to have 20% of the required parking waived, provided that the waiver does not reduce the number of stalls below 100 spaces. This option also is the numeric equivalent to the original request from Strand Associates to reduce parking on Wholesale Trade and Display Store sites. Typically, sites with large parking lots include very large retail outlets, large industrial employers, or large commercial office employers. Examples of parking provided at existing business in the City are listed below and whether or not they would qualify for the reduction option if proposed under the new standard. Fareway- Grocery Store- 24,247 sq ft @ 1/300=81 spaces- No Reduction Super Walmart North- 156,833 sq ft @ 1/300=523 spaces- Reduction Option Allowed Workiva- Office- 118,503 sq ft. @ 1/300=395 spaces- Reduction Option Allowed Amcor Warehouse- 575,276 sq ft. @ 1/5000=115 spaces-Reduction Option Allowed Uses allowed to take advantage of the reduction will be limited to the categories of Office, Trade and Wholesale, and Industrial within Table 29.406(2). (See Attachment B) The proposed text amendment would not apply to residential sites as parking rates for residential sites are based on occupancy and seen as more critical to parking on site for those that live there. The proposed text amendment would not 48 reduce any of the parking ratio requirements currently in place i n the parking standards located in Section 29.406(2). The proposed text amendment would not apply to Special Purpose District, therefore uses in these zones will not be able to utilize the 20% reduction allowance. Special Purpose District have unique sta ndards specifically designed for those districts and staff does not believe a blanket reduction is appropriate. Any development within those areas will need to abide by the full parking standards that apply to each specific use. Examples of Special Purpose Districts include: Hospital/Medical, Downtown Gateway Commercial, South Lincoln Mixed Use, and Government/Airport. OTHER REDUCTIONS: The City allows for other parking reductions related to, cross access, bicycle parking and landscaping. The current allowance to reduce required parking by 10% in exchange for additional landscaping will stay in place and be a separate standard applied in addition to the new proposal for a 20% reduction allowance. The bicycle parking allowance allows for up to 5 parking stalls to be removed for bike parking. Three parking stalls may be removed in order to facilitate cross access between properties. These reductions will be applied after 20% reduction in required parking. This means that a site with 100 required parking spaces could be reduced to 82 parking spaces using the other three reductions. ADDITIONS & ALTERATIONS TO PRE-EXISTING SITES: Additions made to current sites will have the standard for the allowance applied based on the final number of parking stalls required after the addition is calculated for the use. This means an addition to an existing site must add enough parking to the total existing parking that it will surpass a minimum of 100 stalls total before the waiver can be allowed. JOINT-USE & REMOTE PARKING AGREEMENTS: Any previously approved Joint-use Parking or Remote Parking Agreements will not be affected by this change. City Council must individually approve such agreements or amendment to the agreement. Any application of the 20% reduction in required parking in future agreements must be enumerated in the agreement and approved by City Council. PLANNING & ZONING COMMISSION RECOMMENDATION: At the November 16th Planning & Zoning Commission meeting the Commission reviewed the text amendment and voted 4-1 to recommend the City Council approve the proposed text amendment to allow a 20% reduction in required parking for commercial and industrial uses in base zones when exceeding 100 parking stalls. One dissenting viewpoint expressed concerns over having adequate parking during peak parking periods. Staff addressed the issue stating that in large parking lot scenarios the vast majority of businesses do not utilize them to their maximum capacity. ALTERNATIVES: 1. The City Council can approve on first reading an allowance to reduce required parking by up to 20% for certain office, trade, wholesale, and industrial uses within commercial and industrial base zone districts (excludes Special Purpose Districts) that require more than 100 parking spaces provided such allowance does not reduce the number of parking spaces below 100. 2. The City Council can modified language as alternative to reducing parking requirements in commercial and industrial base zones. 3. City Council can take no action to modify parking standards. CITY MANAGER’S RECOMMEDNED ACTION: The ability to waive required parking when requested by developers is seen as beneficial to assist in reducing the amount of impervious coverage in the City, which assists in discouraging excess stormwater runoff. In some cases, depending on the developmen t proposal, it could potentially help in promoting smaller sites to assist in reducing overall development footprint of the City as growth occurs, which is one of the goals of the Ames Plan 2040 Comprehensive Plan. In addition, the proposed change could allow somewhat larger building footprints on lots to use land area more efficiently for building purposes. A larger building footprint could help reduce excess lot size that would otherwise be needed to accommodate the same building size with more parking. Increasingly developers have indicated that they find that meeting parking standards in some cases is inefficient where high levels of parking are not warranted for the typical use of the property. Staff finds that the comprehensive allowance of a 20% redu ction in required parking for parking lots over 100 spaces in base commercial and industrial zones is reasonable to ensure typical minimum parking needs are met while providing for flexibility to larger uses. Residential sites will not be included in the allowance as the residential parking standards are designed using occupancy as the basis for residential parking requirements. The waiver would also help to reduce impervious surfaces and promote smaller sites within the City. Staff’s observations and discussions with developers over the past couple of years support creating this allowance. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1. Attachment A-Proposed Text Amendment Attachment B- Table 29.406(2) Memo Department of Planning & Housing TO: Mayor and City Council FROM: Kelly Diekmann, Planning & Housing Director DATE: December 9, 2022 SUBJECT: Public Hearing for Zoning Text Amendment for Home Occupations Standards Staff requests that the City Council continue the public hearing for the Zoning Text Amendment for Home Occupations Standards until January 10, 2023. The continuance is to allow for coordination between Planning and Legal staff regarding the draft ordinance. City staff anticipates having a full staff report and draft ordinance for the January 10, 2023, City Council meeting. S:\Planning\Council Boards Commissions\CC Reports\Memos to Council\Home Occupation Continuance 12-13-2022.docx Item No. 49 1 ITEM #: 50 DATE: 10-25-22 COUNCIL ACTION FORM SUBJECT: REZONE A PORTION OF THE PROPERTY ON THE SOUTHWEST CORNER OF CAMERON SCHOOL ROAD AND G W CARVER AVENUE GENERALLY ADDRESSED AS 3400 CAMERON SCHOOL ROAD AND 5301 G W CARVER ADDRESSED FROM “A” (AGRICULTURAL) TO “FS-RL” (SUBURBAN RESIDENTIAL LOW-DENSITY) AND “FS-RM” (SUBURBAN RESIDENTIAL MEDIUM-DESNITY) ZONE WITH MASTERPLAN. BACKGROUND: Friedrich Land Development and R & Sons and Friedrich , represented by Greg Broussard of Bolton & Menk, is requesting a rezoning with a Master Plan for property located at the southwest corner of Cameron School Road and G W Carver Avenue. (See Location Map Attachment A) The request is to rezone the approximately 85.62 acres of the larger 105.62-acre area with a Master Plan from Agricultural (A) to Suburban Residential Low Density (FS-RL) to Suburban Residential Medium Density (FS-RM) to accommodate the future “Bluffs at Dankbar Farms” development. The remaini ng 20 acres of the site will retain Agricultural zoning within the Master Plan. In November 2017, the City Council approved a land use amendment to designate the area as an Urban Service Area in the Fringe Plan and as Urban Residential with a Commercial Node as part of the North Allowable Growth Area of the City’s prior comprehensive plan, known as the Land Use Policy Plan (LUPP). At the time, the LUPP identified this area as “New Lands” within a non -incentivized growth area, meaning that upon annexation the site could be developed as suburban low to medium density development or a village development. Any needed infrastructure to support development would be at the cost of the developer. The 2017 Amendment also approved a Convenience Commercial Node that would allow up to 10 acres of commercial land for local-serving commercial uses. The applicant requested annexation in 2018. This site was included in the scenario analysis for the City’s current Comprehensive Plan (Ames Plan 2040) based upon the City’s initiation of the annexation in 2018 . No additional land west or north of this site is included in Plan 2040 for future expansion. The land was annexed earlier this year based upon the prior Fringe Plan amendments and designation within Ames Plan 2040. At the time of annexation, a traffic study and sanitary sewer capacity assessment were included with the annexation and an annexation development agreement was approved for the site related to development intensity and infrastructure improvements. 2 Ames Plan 2040 changed the City Land Use designation nomenclature and now identifies this area as “RN-3” – Expansion, an area identified as primarily residential development with a variety of residential types and neighborhood services. (Ames Plan 2040 Land Use Map-Attachment C) The characteristic of an RN-3 area is conventual suburban layout with limited housing types, primarily single-family development at low density, but with some medium density residential development options. Development may also include small commercial nodes as part of a development within the RN-3 designated lands. Additionally, in lieu of the original commercial node designation, the corner of the site has a Neighborhood Core commercial designation within Plan 2040 to support commercial zoning. A Master Plan is a City of Ames requirement for development related to the FS zoning districts related to the RN-D designated areas of the City, essentially the expansion areas of the City. A Master Plan defines basic layout and use issues of a site as par t of a rezoning action. The Master Plan is required to identify types of uses, density, natural areas, and planned perimeter road and trail access points. A Master Plan does not approve a subdivision of the land and internal lot layouts, only the range of use. Prior to development of the site or construction of buildings, a subdivision would need to be approved to provide the required detail needed to verify consistency with City standards related to lot layouts, road pattens, and utility extensions. Subsequent development must conform to the Master Plan and a subdivision plat is reviewed for consistency with the Master Plan. MASTER PLAN AND REZONING: The proposed rezoning will consist of single family detached and attached homes in the areas shown as FS-RL and FS-RM zoning, as shown on the Master Plan (Attachment B). No commercial zoning or uses are proposed with the rezoning. The 20-acre area retaining the Agricultural zoning includes the Neighborhood Core designation and RN -3 designation. This area is not being rezoned at this time as the developer seeks to sell the land to a religious institution for their use. The Master Plan also shows the Flood Plain Overlay that is located, generally, south - east/north-west across the southern quarter-quarter section. This area is part of the Open Space designation within Ames Plan 2040. In other areas of Ioway Creek, including Senic Valley to the southeast, the City has applied the Environmentally Sensitive Area Overlay to the floodway. Staff recommends adding the O-E Overlay zone to the floodway area of the site. The Overlay would require additional review of land disturbance activities as part of a subdivision or site plan review. PROPOSED FS-RL (SUBURBAN RESIDENTIAL LOW DENSITY) ZONING: The developer is requesting FS-RL zoning for approximately 75.80 acres of the of the site, primarily on the western half the larger 105 acres area. FS -RL allows for single-family detached homes as well as single-family attached homes. The FS-RL district requires a housing density of between 3.75 dwelling units per acre and 10.00 dwelling units per acre. The overall density of the FS -RL, as shown on the submitted 3 Master Plan is between 3.75 and 4.25 units per acres based on the net acres proposed number of residential units. This density range would allow 96 – 111 single family dwelling units. PROPOSED FS-RM (SUBURBAN RESIDENTIAL MEDIUM DENSITY) ZONING. The developer is requesting FS-RM zoning for a smaller portion of the parcel comprising about 9.82 acres. FS-RM allows for single-family attached and detached homes (including twin-homes and duplexes), as well as apartment buildings having up to 12 dwelling units. However, based upon the Master Plan exhibit, uses would be limited to single-family attached units. Staff supports the single family use as the most appropriate use for this area based upon the RN-3 designation, street access, location, and surrounding uses. Any future uses other than single family would require the developer to apply for an amendment to the Master Plan or other rezoning. The FS-RM district requires a housing density of between 10.0 dwelling units per acre and 22.31 dwelling units per acre. The Master Plan shows that the FS -RM district will have an overall density of between 10.0 and 16.7 dwelling units per acre. This density range would allow 60 – 100 dwelling units. A future PUD rezoning may be necessary to fully implement development of the FS-RM area. OPEN SPACE AND NATURAL AREAS: The overall site will be rezoned FS-RL and FS-RM, but natural and planned open spaces are also shown within the Master Plan. Overall, a minimum of 10% of the subdivision area is required to be usable open space. Based on the proposed Master Plan, a minimum of 20% open space will be provided. Many of these areas reflect future intent for stormwater management as well as some existing wetlands or other sensitive natural features Other than the recommended O -E Overlay, no other zoning designation is needed for open spaces. No public open space or park land is identified in the proposal at this time. At the time of subdivision review and site plan review, a resource assessment and storm water management plan will provide greater detail and specificity about the open spaces. Street configurations and crossings of the natural areas will be part of the s ubdivision review. Review of the usability of open space and park service area goals of Ames Plan 2040 will be reviewed with the future subdivision. Necessary open space easements will also be part of subdivision review, this may cover wood areas and other natural features similar to easements within Scenic Valley. STREET LAYOUT: Master Plans are required to show higher order streets and connections to arterial streets. The property has frontage along Cameron School Road on the north and is showing two proposed access points into the development. Per the 2022 Annexation Agreement and related traffic study, the Developer will install required turn lane(s) and 4 widening requirements to Cameron School Road as identified within the traffic study to provide for turn lane improvements needed for the planned extension of Everest Avenue, or any other similar street and driveway connections, to Cameron School Road. The property also has frontage along G W Carver Avenue to the east. The Developer will install required turn lane and widening requirements to G W Carver Avenue as identified within the traffic study to widen G W Carver Avenue to provide turn lane improvements at the intersection of Cameron School Road. North-south access through the residential area of the development will connect with Scenic Valley to the south, extending Cartier Avenue and Everest Avenue. Streets within the project will be local streets and although represented on the Master Plan will be evaluated for zoning standard conformance for block length and connectivity with future subdivision review. A County gravel road named 515th Avenue is stubbed to the west property line of this site as part of an older rural subdivision. The Master Plan does not indicate plans to try to connect to this County right -of-way. Connection is not precluded by the City to a county roadway, but in this case it may not be warranted due existing conditions and lack of future annexation plans for the general area. Although not shown on the Master Plan exhibit, an east-west street with access to G W Carver is described in the Annexation Agreement with the developer. Staff supports the access point as shown on G W Carver to address general street connectivity and access to the neighborhood. Without a G W Carver access point, there would be approximately 2,400 feet between intersections along G W Carver and neighborhood traffic would funnel out on Barcelos Street in Scenic Valley to the south. Any future road connection would also need to be planned for coordination with eventual development east of G W Carver. However, the exa ct location will be determined and approved at the time of platting. As described in the Annexation Agreement, the Developer will be responsible for improvements required to accommodate this connection. The traffic study with the annexation indicated that the amount of traffic generated with development of this area will be such that a traffic signal is required a t the intersection of GW Carver and Cameron School Road in the future. The amount of traffic from this proposed development will not be so much as to be warranted immediately. The Annexation Agreement acknowledges that the developer will pay for 30% of the cost, not to exceed $135,000 if paid to the City within three years for the future installation of a traffic signal system at the intersection of Cameron School Road and G W Carver Avenue. If the payment is not received within three years of the annexation, the developer will be obligated to pay 30% of the actual costs. The cost of the traffic signal is inclusive of all costs related to design, materials, and installation as estimated by the City at the time said costs are payable and due. The traffic signal will be installed at such time as determined by the City based on available funding and need, as determined solely by the City. 5 INFRASTRUCTURE: The future development is within the Xenia Water Territory. Xenia and City of Ames have recently completed an agreement for Water Service Operations and Territory Transfer. Therefore, this site will be eligible to receive rural water service from Xenia ev en though it is within the City of Ames. Developers shall be responsible at their sole cost and expense of coordinating with Xenia for verification of adequate water flow, pressure, water mains, fire hydrants and all related improvements needed to meet City standards. Additionally, all buildings constructed within future subdivisions will be required to meet all City Building Code and City Fire Department fire suppression and service standards. All proposed water infrastructure improvements will be reviewed at the time of Preliminary and Final Plat approvals. All Stormwater requirements will be required to be met and reviewed at the time of Preliminary and Final Plats. All stormwater will be treated within the development boundaries. Natural areas shown in the Master Plan may be used for stormwater treatment in support of the overall development. The developer will work with City staff prior to preliminary plat approval on opportunities to include flood and nutrient reduction strategies on lands within the development adjacent to Ioway Creek, located in the southwest corner. SANITARY SEWER CAPACITY: It has been known since the LUPP Amendment in 2017 that the sanitary sewer capacity downstream of this site is limited in capacity. Developers acknowledged at the time of annexation that there was not sanitary sewer capacity downstream to serve a higher residential density or a commercial area larger than 6 acres and agreed to limit the use of the site to levels consistent with sanitary sewer modeling completed by the City’s consultant. This limited the site to 171 residential units, or something requiring less capacity in the approved Development Agreement. If any sanitary sewer improvements are needed to serve the development, it is at the cost of the developer. The proposed Master Plan shows a range proposed for the number of residential units from 156 – 211 across the FS-RL and FS-RM zoning districts. Recently updated sewer calculations have been reviewed by Public Works and it has been determined that up to 211 dwelling units can be served without the need of off-site mitigation. Additionally, these updated calculations will still reserve sewer availability for a lower sewer use of low - density single family and six acres of commercial. These reservations are consistent with the future land use designation of the area. Sanitary sewer calculations wi ll be reviewed again with future rezoning and development of the east half of the site. The Zoning Agreement for the Master Plan will include information regarding the land use assumptions and use limitations. Sanitary sewer will be provided to City stand ards and dedicated to the City. The City’s 6 agreement with Xenia allows for co-billing of water and sanitary sewer and remittance to the City. PLANNING & ZONING COMMISSION RECOMMENDATION: Public notice regarding rezoning of the site was originally scheduled for the October 5th Planning and Zoning Commission meeting. The item was continued after public notice was mailed to allow for further work with staff about the Plan. One member of the public spoke at the October 19th meeting indicating they abutted the site to the northwest and were concerned about the open space and the transition of development towards their property. New notice was mailed on November 9th for the November 16th Commission meeting. The City provided mailed notice to all property owners within 200 feet of the subject property prior to the Planning and Zoning Commission meeting in accordance with the notification requirements of Chapter 29. At the November 16th Commission meeting Commissioners asked questions clarifying if the proposed dead-end street in the western part o the development will connect to the County road 515th Avenue. Staff clarified that this at this time that is not the plan. Other questions related to impacts of the development on open space, wetland areas and existing trees. Staff explained the development will be subject to all stormwater requirements. Tree protection, if warranted, will likely be within a conservation easement. These details will be reviewed with the preliminary plat. The Planning & Zoning Commission voted 5-0 to recommend the City Council approve the proposed rezoning with a Master Plan from Agricultural (A) to Suburban Residential Low Density (FS-RL) and Suburban Residential Medium Density (FS-RM) to accommodate the future “Bluffs at Dankbar Farms” development. The remaining 20 acres will retain Agricultural zoning within the Master Plan. ALTERNATIVES: 1. The City Council can approve on first reading the request to approve a rezoning with a Master Plan to retain 20 acres of Agriculture (A) zoning for the site and rezone the remaining area from Agricultural (A) to Suburban Residential Low Density (FS-RL) and Suburban Residential Medium Density (FS-RM), with the condition of including the Environmentally Sensitive Overlay (E-O) on the Master Plan. A Zoning Agreement for the final Master Plan with the proposed allocation of sanitary sewer capacity for each planned use must be signed and returned to the City of Ames prior to the third reading of the ordinance for rezoning. This agreement provides greater detail in regards to use of the site and allocation of sanitary sewer capacity than currently exists in the Annexation Agreement. 2. The City Council can deny the request to approve a rezoning with a Master Plan to 7 retain 20 acres of Agriculture (A) zoning for the site and rezone the remaining area of from Agricultural (A) to Suburban Residential Low Density (FS-RL) and Suburban Residential Medium Density (FS-RM). 3. The City Council can defer action on this item and request further information from staff or the applicant. CITY MANAGER’S RECOMMENDED ACTION: The request for rezoning is consistent with the adopted Ames Plan 2040 as described in the addendum as it relates to the propose d residential zoning. Impacts on infrastructure and City services for this entire site were considered at the time of annexation review and approval. The proposed Master Plan and its identified uses can be served by available and planned infrastructure. Future uses can also be served on the 20 acre agricultural property within the reserved capacity planned for this area. Typically, the City has rezoned entire properties in conformance with the City’s future land use map. The developer requests to partially rezone the site due to uncertainty about zoning for use of the eastern 20 acres, including potential use of the site for a religious institution. The developer desires to proceed with its planned residential development on the western three quarters of the site. With current annexation agreement in place, staff believes the overall Master Plan that includes residential and agricultural designation can be supported knowing that future development of the agricultural area can meet minimum City standards. Ultimately the 20 acre agricultural parcel will need to be subdivided from the existing western side of the site to allow for the extension of Everest and the development of homes. The planned rezoning boundary will align with the planned extension of Everest Avenue making it logically boundary for future consideration of rezoning the remaining 20 acres. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1. 8 ADDENDUM REZONING BACKGROUND: Existing Uses of Land. Land uses that occupy the subject property and other surrounding properties are described in the following table. Direction from Subject Property Existing Primary Land Uses Subject Property Farmed/Undeveloped North Single Family Residential/Religious Use East Single Family Residential/ Farmed/Undeveloped South Single Family Residential/ Undeveloped West Single Family/ Undeveloped Ames Plan 2040. Plan 2040 identifies this area as “RN-3” – Expansion, an area identified as primarily residential development with a variety of residential types and neighborhood services. The characteristic of an RN-3 area is conventual suburban layout with limited, primarily single-family development at low density, but with some medium density apartment development. Additionally, the layout may include small commercial nodes as part of a development within the RN-3 designated lands. Attachment D includes the excerpt of Plan 2040 for the RN-3 designation that is discussed below. With the development of Ames Plan 2040, the City evaluated infrastructure needs to serve expansion of the City to the north. There are no plans for the growth of the city to continue any further north or west given topography and infrastructure constraints. Sanitary sewer capacity is limited due to downstream infrastructure which limits the amount of development that can be constructed at this site. The Developer is aware that density will be limited based on sewer capacity. Master Plan. The Master Plan and outcome of sanitary sewer capacity study based on this specific proposal will govern density. A Master Plan is required in this case based on Section 29.1507(3)(b)(iv) when “The City Council determines that due to specific conditions that exist on or around the area proposed to be rezoned, or due to situations that require more careful consideration of how the layout and design of a site affects general health, safety, and welfare, a Master Plan is necessary for consideration of the proposed zoning map amendment.” Proposed Zoning. The applicant proposes rezoning from “A” (Agricultural) to “FS-RL” (Suburban Residential Low-Density) and “FS-RM” (Suburban Residential Medium- Density) with a Master Plan. The properties to the north, west, and east are located outside of the city’s boundaries. The single family development to the south, Scenic Valley, is located within the city’s boundaries and zoned FS-RL. 9 It should be noted that Ames Plan 2040 has been adopted since an amendment to the previous LUPP. This 2017 LUPP amendment approved a small commercial node to be located at this intersection. At this time no commercial zoning is being proposed. Infrastructure. Impacts on infrastructure and City services for this site are consistent with what is already anticipated for residential use of the property and in line with what was considered when the annexation was approve, with the exception of sanitary sewer use. The developer has provided updated sewer capacity calculations that have been reviewed and accepted by the City staff. Although the requested housing numbers exceed the original annexation agreement limit of 171 dwelling units, the proposed housing can be served by the sanitary sewer system. The increased numbers are consistent with the intent of the agreement that additional development could occur if infrastructure is improved at the developers cost. At this time no additional improvements are needed. Ames Public Works has identified that development of the site would generate 108,300 gallons per day and a MGD Peak Hour Wet Weather flow of .438. The residential development area with 211 homes is allocated 53,300 gallons and .256 mgd PHWW. The remaining 20 acres evaluated with annexation has 6 acres of commercial at 63,300 gallons and .256 mgd PHWW and other area for housing or religious use of 15,000 gallons and .061 mgd PHWW. Electricity and water will not be part of the City’s public infrastructure sys tem. Water will be provided by Xenia rural water which is unique to a development within the city of Ames. However, all water infrastructure will be required meet all City standards. Findings of Fact. Based upon an analysis of the proposed rezoning and la ws pertinent to the proposed map amendment, staff makes the following findings of fact: 1. The subject property is owned by Friedrich Land Development and R & Sons and Friedrich. The rezoning request and statement of justification is included as Attachment E. 2. Ames Municipal Code Section 29.1507(1) allows the property owner to initiate an amendment to the Official Zoning Map. 3. The proposed rezoning is consistent with the designation of “Expansion (RN-3)” identified on the Ames Plan 2040 Future Land Use Map. 4. Development in the “FS-RL” and “FS-RM” zoning district requires a site plan review process to assure that such development and intensity of use assures a safe, functional, efficient, and environmentally sound operation. 5. Impacts on infrastructure and City services for this development is consistent with what is already anticipated for the area as defined within the 2022 annexation agreement with the developer. 10 Public Notice. Public notice was regarding rezoning of the site was originally scheduled for the October 5th Planning and Zoning Commission meeting. The item was continued after public notice was mailed to allow for further work with staff about the Plan. One member of the public spoke at the October 19 th meeting indicating they abutted the site to the northwest and were concerned about the open space and the transition of development towards their property. New notice was mailed on November 9th for the November 16th Commission meeting. The City provided mailed notice to all property owners within 200 feet of t he subject property prior to the Planning and Zoning Commission meeting in accordance with the notification requirements of Chapter 29. 11 Attachment A- Location & Map 12 Attachment B- Proposed Master Plan 13 Attachment C – Plan 2040 Map Excerpt 14 Attachment D – Plan 2040 RN-3 Excerpt 15 Attachment E – Rezoning Narrative 16 17 ITEM #__51a __ DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: PROPOSED NORTH DAYTON INDUSTRIAL PARK URBAN RENEWAL AREA AND PLAN BACKGROUND: At its November 8th meeting, City Council voted to proceed with the process to create an Urban Renewal Area at 2105 and 2421 Dayton Avenue. The Urban Renewal Area will have the same boundaries as the recently approved North Dayton Industrial Park Preliminary Plat. Urban Renewal Areas (URA) allow for a city to use a variety of powers and authorities to remove slum and blight and support economic development within an URA, as defined by Chapter 403 of the Code of Iowa. An Urban Renewal Plan for an Urban Renewal Area may also establish Tax Increment Financing (TIF) districts to financially support the objectives and projects of the Urban Renewal Plan. The proposed URA comprises approximately 73 acres of land along Dayton Avenue on land containing a recently approved Preliminary Plat known as the North Dayton Industrial Park Subdivision at 2105 & 2421 Dayton Avenue. (Attachment A). The land is currently zoned General Industrial (GI) with a masterplan which was approved this past summer. The proposed Urban Renewal Plan (URP) is intended to promote economic development for the City of Ames for small scale industrial lots and speculative buildings for small businesses. (Attachment B) The proposed URP contemplates use of Tax Increment Financing (TIF) in the form of property tax reba tes to the developer. The City Council approved a Development Agreement in October with the developer, Dayton Avenue Development LLC. The Development Agreement caps the TIF at either 10 years of rebates or $2,968,264, whichever occurs first. URBAN RENEWAL PLAN: The City Council adopted a resolution of necessity for the URA at it its November 8th meeting in order to initiate the approval process. There are three steps that needed to occur upon initiation in order to approve the Urban Renewal Plan. These steps include consultation with tax entities, a Planning and Zoning Commission review for a recommendation of consistency with the Land Use Policy Plan, and to hold a public hearing prior to adoption of the Plan. The Planning and Zoning Commission reviewed the proposed URA at its November 16th meeting. The Commission discussed the boundaries of the URA, purpose of the district for supporting economic development, and the types of projects and activities contemplated within the Plan. The Commission voted 5-0 to recommend that the proposed Plan is consistent with the City’s Land Use Policy Plan. City staff held a consultation meeting on November 18th to allow for input from affected taxing entities. No one participated in the meeting and no written comments were received within 7 days of the meeting. The public hearing notification was published in the Ames Tribune on November 29th, 2022, for the December 13th meeting. The proposed Plan includes the necessary components described by the Code of Iowa. The draft URP identifies its purpose to support economic development. It describes the projects and its objectives. The draft URP identifies those components of the Ames 2040 Comprehensive Plan that support the proposed URA. The Urban Renewal Plan must reflect if, and how, TIF funds will be used. The identified amount of TIF funds is a cap on the amount of TIF that can be collected in support of Urban Renewal Projects. Additional projects, or any increase in TIF that exceeds what is authorized in the Plan, would require an amendment to the Plan. The Plan identifies up to $2.968 million dollars for use in facilitating private development through incremental property tax rebates. The Plan itself does not define the specific parameters of TIF; the associated TIF ordinance will define the location where TIF will be generated and how it will be used. The Iowa Code also requires that the Plan contain a summary of the City’s current debt obligations, the City’s limits on issuing debt, and an estimate of the amount of TIF debt that would be incurred. There are no General Obligation bonds associated with this Urban Renewal Area. In this case the structure of the TIF rebate will be subject to annual appropriation by the City Council and does not count towards the City’s debt limit. A TIF ordinance establishing a TIF District for the entirety of the North Dayton Industrial Park URA has been drafted and will be considered for approval following action on the Urban Renewal Plan and Area. ALTERNATIVES: 1. Adopt a resolution approving the proposed North Dayton Industrial Park Urban Renewal Plan and Area per Attachment B. 2. Conduct a public hearing on the proposed Urban Renewal Plan and direct staff to make changes prior to adopting the Plan. 3. Decline to approve the Urban Renewal Plan and direct staff to not proceed further. CITY MANAGER’S RECOMMENDED ACTION: The proposed Urban Renewal Area and Plan creates and defines the area of the Tax Increment Finance District (TIF) needed to provide a Property Tax Rebate to the developer for building improvements made in the North Dayton Industrial Park. This action represents the final step toward following through on the City Council commitment to help incentivize the development of small businesses in the Community based on an identified need. The proposed Plan includes and supports the economic development goals for the area and for the City. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT A: PROPOSED DOWNTOWN URBAN RENEWAL AREA ATTACHMENT B: PROPOSED DOWNTOWN URBAN RENEWAL PLAN URBAN RENEWAL PLAN North Dayton Industrial Park Urban Renewal Area CITY OF AMES, IOWA October 21, 2022 I. INTRODUCTION Chapter 403 of the Code of Iowa authorizes cities to establish areas within their boundaries known as "urban renewal areas," and to exercise special powers within these areas. Chapter 15A of the Code of Iowa declares that economic development is a “public purpose” and authorizes local governments to make grants, loans, guarantees, tax incentives and other financial assistance to private enterprise. The statute defines “economic development” as including public investment involving the creation of new jobs and income or the retention of existing jobs and income that would otherwise be lost. The proposed URA matches the boundaries of the North Dayton Industrial Park Subdivision and is approximately 73 acres in size. In addition to defining an area, Iowa Code requires preparation of a Plan identifying the purpose of the URA and the types of projects and activities that will occur within the URA. This document is intended to serve as the Urban Renewal Plan for an urban renewal area to be known as the North Dayton Industrial Park (the "Urban Renewal Area"). It is intended that this Urban Renewal Plan will guide the City in promoting economic development. This document is an Urban Renewal Plan within the meaning of Chapter 403 of the Code of Iowa, and it sets out proposed projects to be undertaken within the Urban Renewal Area. A City's Planning and Zoning Commission must review the draft plan and inform the City Council if it is consistent with the City's general plan, for Ames this is the Ames 2040 Comprehensive Plan. Additionally, all affected taxing entities, such as counties and school districts, must be notified and given an opportunity to comment on the proposed plan. The City Council must hold a public hearing on the urban renewal plan, following which, the Council may approve the plan and designate an area. II. DESCRIPTION OF URBAN RENEWAL AREA The North Dayton Industrial Park Urban Renewal Area would include approximately 73 acres of land located along Dayton Avenue in the northeastern part of Ames as depicted in Attachment A. A legal description of the property is attached hereto as Exhibit B. III. AREA DESIGNATION The URA is designated as an economic development area appropriate for the promotion of industrial development. Appropriateness for industrial development is based upon the City’s Comprehensive Plan and zoning designation that supports industrial development. The City solicited proposals in 2021 for the express purpose of developing additional industrial lots and speculative buildings as an economic development goal. The proposed Urban Renewal Area is planned for industrial development of small and medium size industrial lots to allow for a wide range of uses allowed by the City’s industrial zoning. IV. URBAN RENEWAL OBJECTIVES The primary objectives for development within the North Dayton Industrial Park Urban Renewal Area are: To contribute to a diversified, well-balanced local economy by retaining and creating job opportunities and strengthening the property tax base by facilitating development of small lot and medium size industrial development and the construction of small-scale speculative buildings. To provide economic development incentives for development of a project consistent with the small and medium size industrial development goals. To promote development utilizing any other objectives allowed by Chapter 403 of the Code of Iowa. V. CITY PLAN The City’s Comprehensive Plan Land Use Map designates this property with the Employment category of land use. The Employment category policy goals, development guidelines and public actions support the proposed Urban Renewal Plan that will support development that is in alignment with the vision proposed in the Comprehensive Plan. Physical industrial land will need to increase by up to 156 acres to accommodate needed industrial growth. (Page 63 Ames 2040 Comprehensive Plan). The following goals are included in the Employment Category, among others, and best support the creation of the North Dayton Industrial Park Urban Renewal Area: 1. Provide attractive and well-functioning settings for a range of industrial enterprises. These industrial lots will be developed in a subdivision with planned infrastructure installation and will extend infrastructure according to City standards appropriately. Streets, sidewalks & shared use paths, water, sewer, storm sewer and electrical infrastructure will connect to their larger networks to provide connections to the rest of the community. 2. Minimize impact and external effects on city neighborhoods. These industrial lots will be located away from residential neighborhoods in an area that has been developed with a mix of commercial, industrial and government research uses. 3. Discourage industrial uses that are large resource users for water and sewer services with system capacity impacts. The smaller size of these lots and requirement for speculative buildings on the smallest lots will discourage high water and sewer users. City Site Development Plan review will also review resource consumption to protect against excessive water and sewer usage. Growth & Land Use The City’s Growth & Land Use principals found in the Ames 2040 Comprehensive Plan also support development which will occur within this Urban Renewal Area. Ames is anticipated to add 15,000 residents by the year 2040. This presents the challenge of accommodating this population growth and job opportunities as a result in ways that create the most efficient, connected, rewarding, delightful and equitable experience. Specifically, principals G1, G2, G5 and G6 all directly support the development which will occur here. Below is a portion of the Plan with these principles described: G1: Sustainable Growth. The vision is for new growth to be both economically and environmentally sustainable. This encompasses housing densities that minimize the footprint of growth and reduce service cost per unit; maximum use of existing infrastructure; new investments that have citywide benefits; and preservation of environmental assets. The emphasis on smaller sized industrial lots helps reduce building footprint and which helps with minimizing overall growth footprint. G2: Contiguous Greenfield Development. Ames will accommodate much of its projected population growth in areas contiguous to the existing built-up city. During the Plan 2040 process, the City identified alternative contiguous Tier 1 and Tier 2 areas as most readily able to serve the projected growth in population and employment. Providing multiple opportunity areas creates choices that support a variety of needs of a growing community. The industrial development within the North Dayton Industrial URA is contiguous to existing developed areas of the city. G5: Review and Approval Process. The ongoing land use planning process defines priorities and policies, while development review affirms consistency with specific standards that implement these policies. Decisions will be made through a transparent, collaborative process that includes stakeholders, and moves toward solutions that are compatible with longterm community goals. This process should be viewed by all parties as fair and reliable. The Site development review process will ensure sites are developed consist with zoning standards and in a manner that is most efficient and logical. G6: Planning for Equity. Ames will continue to grow in diversity of its people and jobs during the next twenty years. Equity with growth requires consideration of the needs of a diverse population. This includes adding affordable housing, multiple housing types, and marketbased price points, supporting economic growth, expanding transportation choice, providing accessible institutions and services, and maintaining a variety of amenities. The creation of these industrial lots within the URA will support economic growth and add job opportunities to the community. VI. RENEWAL PROJECTS AND ACTIVITES The purpose of this Urban Renewal Plan is to facilitate the development of a new industrial subdivision with small size industrial lots for business development and expansion consistent with City plans and zoning. To this end the City will provide a rebate of incremental property tax revenues collected from properties within this subdivision to the developer. This incentive is based upon estimated costs for the developer to install required public infrastructure and improvements as part of the subdivision. Nothing in this section should be construed as limiting the range or types of activities or powers granted to the City under Chapter 403 or any other provisions of the Code of Iowa in furtherance of the Urban Renewal Plan as the City Council determines necessary to fulfill the goals for development of this Area. A. Tax Increment Financing Under the Iowa Urban Renewal Law, in order to assist in the development of new private enterprises, the City may be requested to provide a property tax incentive in the form of an agreement that returns certain incremental property tax revenues to a developer as economic development payments. As part of the establishment of an urban renewal area, the City may adopt an ordinance to create a tax increment financing district (the "TIF District"), within which the property taxes eventually paid by new private development will be used to pay costs of urban renewal projects, including economic development agreements. The use of these tax revenues in this manner is known as tax increment financing ("TIF"). Depending on the date on which a TIF District is legally established and the date on which debt is initially certified within a TIF District, an original taxable valuation is established for the property within a TIF District, which is known as the "base valuation." The "base valuation" is the assessed value of the taxable property in a TIF District as of January 1 of the calendar year preceding the calendar year in which a City first certifies the amount of any obligations payable from TIF revenues to be generated within that TIF District. When the value of the property inside a TIF District increases by virtue of new construction or any other reason, the difference between the base valuation and the new property value is the "tax increment" or "incremental value." Procedurally, after tax increment debt has been incurred within a TIF District, property taxes levied by the city, the county, the school district and the area college against the incremental value, with the exception of taxes levied to repay debt incurred by those jurisdictions and the school district physical plant and equipment and instructional support levies, are allocated by state law to the City's tax increment fund rather than to each jurisdiction. These new tax dollars are then used to repay any tax increment obligations incurred in the Urban Renewal Area. Review of the proposed projects by City has resulted in a determination that financial assistance is likely required in order to make the projects financially viable through the use of Tax Increment Financing outlined in Chapter 403 of the Code of Iowa for public improvements and private development. The City has entered into a Tax Increment Financing (TIF) rebate agreement with the private developer for projects that meet the objectives of the plan, subject to approval of this Plan. The agreement includes a rebate of eligible incremental property taxes up to $2,968,264. The TIF agreement is structured such that the amount of the TIF rebate will not be included as debt subject to the state mandated debt limitation as it will be approved each year as an Annual Appropriation. If the Urban Renewal Area is legally established, and a Tax Increment Financing (TIF) ordinance is adopted, then the “base value” of the Area will be the assessed value of the taxable property within the TIF Ordinance area as of January 1 of the calendar year preceding the calendar year in which the City first certifies the amount of any debt on the Area pursuant to Iowa Code Section 403.19. VII. PROPERTY ACQUISTION/DISPOSITION The City may acquire property within the area for purposes and objectives consistent with this Plan, which may include the use of eminent domain, as allowed under Chapter 403 and 6A. The City will follow any applicable requirements for the acquisition and disposition of property within the Urban Renewal Area. VIII. EFFECTIVE PERIOD This Urban Renewal Plan will become effective upon its adoption by the City Council and will remain in effect to the extent it is allowed by state law or until it is repealed by the City Council. State law allows the collection of incremental property taxes generated within the Urban Renewal Area for up to twenty years. Each project or activity to which incremental property tax revenues will be devoted will be subject to such restrictions as may be deemed necessary and appropriate by the City Council. IX. PLAN AMENDMENTS This Urban Renewal Plan may be amended in accordance with the procedures set forth in Chapter 403 of the Code of Iowa in order to carry out any purposes consistent with state law. X. CITY DEBT INFORMATION Chapter 403 of the Code of Iowa requires that any urban renewal plan include certain information with respect to City general obligation debt, ability to incur additional debt and the amount of proposed tax increment debt to be incurred. CURRENT GENERAL OBLIGATION BOND DEBT General Obligation Bonds Amount Originally Final Outstanding as of 2014 Corporate purpose 9,695,000 2026 3,120,000 2015A Corporate purpose 18,445,000 2035 6,580,000 2016A Corporate purpose/refunding 11,650,000 2028 4,735,000 2017A Corporate purpose 10,975,000 2029 4,395,000 2018A Corporate purpose 7,490,000 2030 5,360,000 2019A 10,775,000 2031 8,330,000 2020A 17,865,000 2032 12,415,000 2021A 19,640,000 2033 17,635,000 2022A (to be issued Nov. 8, 2022) 13,400,000 2034 13,400,000 CURRENT CONSTITUTIONAL DEBT LIMIT AND CAPACITY Total Debt Capacity Available ($/%) Notes: *Iowa Statutory Debt Limit is 5% of total actual valuation **City Policy reserves 25% of available debt capacity The proposed amount of development incentives will not exceed $2,968,264 of TIF for the North Dayton Industrial Urban Renewal Area. However, the development incentives are subject to annual City Council appropriation and are not part of the City’s debt limits. Exhibit A- Location & Land Use Map Exhibit B- Legal Description The Southeast Quarter (SE¼) of the Northeast Quarter (NE¼) of Section Thirty-six (36); the Northeast Quarter (NE ¼) of the Northeast Quarter (NE¼), of Section Thirty-six (36) except the North 1 rod and except A part of the NE¼ of the NE¼ of Sec. 36-T84-R24W of the 5th P.M., Story County, Iowa, described as follows: Beginning at a point on the east line, 16.5 feet south of the NE Corner of said NE¼ of the NE¼; thence N88°41’W 925.0 feet, parallel and 16.5 feet distant from the north line of said NE¼ of the NE¼, thence South 275.0 feet, thence S88°41’E 925.0 feet to the east line of said NE¼ of the NE¼; thence North 275.0 feet to the point of beginning, ITEM # __51b__ DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: ORDINANCE ESTABLISHING TAX INCREMENT FINANCING (TIF) DISTRICT WITHIN THE NORTH DAYTON INDUSTRIAL PARK URBAN RENEWAL AREA. BACKGROUND: The City of Ames has established the North Dayton Industrial Park Urban Renewal Area and Plan (URA). (Boundary Map-Attachment A) The URA was created for economic development purposes with Tax Increment Financing (TIF) to facilitate economic development of small scale industrial lots and speculative buildings for small businesses. On October 11th, the City Council approved entering into an agreement with Dayton Avenue Development LLC to support a TIF district. A TIF ordinance is now necessary in the North Dayton Industrial Park URA to complete the prerequisite requirements of the City’s Development Agreement. The TIF area is being designed to generate incremental property tax rebates to the developer for qualifying public improvements in the North Dayton Industrial Park Subdivision. Estimated total TIF revenue needed to support these improvements is $2,968,264. Staff has prepared the required TIF ordinance for City Council approval in support of the planned development of the North Dayton Industrial Park. Specifically, the funds are intended to be rebated to the developer through a property tax rebate based on the incremental value of property that is developed in the district for installation of infrastructure improvements related to street construction, water main, sanitary sewer main, storm sewer main, electrical facilities as well as sidewalks and shared use paths. It is necessary to establish this TIF district prior to December 1st of 2023 to maximize the amount of increment generated from development that could occur in the North Dayton Industrial Park in 2023. The proposed boundary of the TIF district is described as including all the developable land that will be final platted as the North Dayton Industrial Park. The boundaries also match the boundaries of the North Dayton Industrial Park URA. Staff notes that these planned lots for the North Dayton Industrial Park have not yet been final platted. The developer is in the process of preparing the final plat documents. The Development Agreement between the City and the Developer requires the developer to final plat the lots no later than July 1st of 2023. ALTERNATIVES: 1. The City Council can approve on first reading an Ordinance establishing the North Dayton Industrial Park TIF District. 2. Direct staff to modify the proposed TIF District to only include a different amount of land area within the North Dayton Industrial Park URA. 3. City Council can decline to create the TIF Area and direct staff and the developer to proceed with alternative funding sources. CITY MANAGER’S RECOMMENDED ACTION: The proposed TIF District is consistent with past practices of the City to support economic development. The proposed improvements are consistent with the approved URA Plan and the use of TIF for a property tax rebate to the developer for such improvements. The proposed area includes the recently approved North Dayton Industrial Park URA. Payment of the TIF rebate will an appropriation of the City Council and is subject to performance by the developer consistent with the development agreement. The Development Agreement specifies an obligation on the part of the City to provide an incremental property tax rebate to the developer for 10 years or up to $2,968,264, whichever comes first. Therefore, the City Manager recommends Alternative 1, which is to have first reading of an ordinance creating the North Dayton Avenue Industrial Park TIF District within the North Dayton Avenue Industrial Park Urban Renewal Area. ATTACHMENT A: NORTH DAYTON INDUSTRIAL PARK URBAN RENEWAL AREA & TIF DISTRICT ATTACHMENT B: PROPOSED TIF ORDINANCE ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ENACTING A NEW SECTION 24.20 THEREOF, FOR THE PURPOSE OF A TAX INCREMENT FINANCING 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 enacting a new Section 24.20 as follows: “Sec.24.20. SEVENTH TAX INCREMENT FINANCING DISTRICT. (1)Purpose. The purpose of this ordinance is to provide for the division of taxes levied on taxable property within the North Dayton Industrial Park Urban Renewal Area, each year by and for the benefit of the state,city,county, school districts or other taxing districts after the effective date of this ordinance in order to create a special fund to pay the principal of and interest on loans, moneys advanced to or indebtedness,including bonds proposed to be issued by the City of Ames to finance projects in such area. (2)Definitions.For use within this ordinance the following terms shall have the following meanings: "City"shall mean the City of Ames,Iowa. "County" shall mean Story County,Iowa. "Urban Renewal Area" shall mean the North Dayton Industrial Park Urban Renewal Area, such Area having been identified in the Urban Renewal Plan approved by the City Council of the City by Resolution No. 22-648 adopted on December 13, 2022, which includes the real property identified below and shall constitute the tax increment financing district created by this ordinance: The Southeast Quarter (SE¼) of the Northeast Quarter (NE¼) of Section Thirty-six (36); the Northeast Quarter (NE ¼) of the Northeast Quarter (NE¼), of Section Thirty-six (36) except the North 1 rod and except A part of the NE¼ of the NE¼ of Sec. 36-T84-R24W of the 5th P.M., Story County, Iowa, described as follows: Beginning at a point on the east line, 16.5 feet south of the NE Corner of said NE¼ of the NE¼; thence N88°41’W 925.0 feet, parallel and 16.5 feet distant from the north line of said NE¼ of the NE¼, thence South 275.0 feet, thence S88°41’E 925.0 feet to the east line of said NE¼ of the NE¼; thence North 275.0 feet to the point of beginning. (3)Provisions for Division of Taxes Levied on Taxable Property in the Urban Renewal Area. After the effective date of this ordinance, the taxes levied on the taxable property in the Urban Renewal Area each year by and for the benefit of the State of Iowa,the City, the County and any school district or other taxing district in which the Urban Renewal Area is located,shall be divided as follows: (a)that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Renewal Area,as shown on the assessment roll as of January I of the calendar year preceding the first calendar year in which the City certifies to the County Auditor the amount of loans,advances,indebtedness,or bond s payable from the special fund referred to in paragraph (b)below,shall be allocated and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid.For the purpose of allocating taxes levied by or for any taxing district which did not include the territory in the Urban Renewal Area on the effective date of this ordinance,but to which the territory has been annexed or otherwise included after the effective date,the assessment roll applicable to property in the annexed territory as of January 1 of the calendar year preceding the effective date of the ordinance which amends the plan for the Urban Renewal Area to include the annexed area, shall be used in determining the assessed valuation of the taxable property in the annexed area. (b)that portion of the taxes each year in excess of such amounts shall be allocated to and when collected be paid into a special fund of the City to pay the principal and interest on loans,moneys advanced to or indebtedness, whether funded,refunded, assumed or otherwise,including bonds issued under the authority of Section 403.9(l)of the Code of Iowa,incurred by the City to finance or refinance,in whole or in part, a project within the Urban Renewal Area,and to provide assistance for low and moderate-income family housing as provided in Section 403.22 of the Code of Iowa,except that taxes for the regular and voter -approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa,to the extent authorized in Section 403.19 (2) of the Code of Iowa, taxes for the instructional support program levy of a school district,imposed pursuant to Section 257.19 of the Code of Iowa,to the extent authorized in Section 403.19(2) of the Code of Iowa, taxes for the payment of bonds and interest of each taxing district,and taxes imposed under Section 346.27(22) of the Code of Iowa,related to joint county-city buildings,shall be collected against all taxable property within the taxing district without limitation by the provisions of this ordinance.Unless and until the total assessed valuation of the taxable property in the Urban Renewal Area exceeds the total assessed value of the taxable property in such area as shown by the assessment roll referred to in subsection (a) of this section, all of the taxes levied and collected upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. When such loans,advances,indebtedness,and bonds,if any, and interest thereon, have been paid ,all money thereafter received from taxes upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. (c)the portion of taxes mentioned in subsection (b) of this section and the special fund into which that portion shall be paid may be irrevocably pledged by the City for the payment of the principal and interest on loans,advances,bonds issued under the Authority of Section 403.9(1) of the Code of Iowa,or indebtedness incurred by the City to finance or refinance in whole or in part projects in the Urban Renewal Area. (d)as used in this section,the word "taxes"includes,but is not limited to, all levies on an ad valorem basis upon land or real property. 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 , . _____________________________________________________________________________ Renee Hall, City Clerk John A. Haila, Mayor ITEM#: 52 DATE: 12-13-22 COUNCIL ACTION FORM SUBJECT: ELECTRIC RATE MODIFICATIONS FOR ELECTRIC VEHICLE CHARGING OF COMMERCIAL VEHICLES AND INTERRUPTIBLE RATE BACKGROUND: City staff has prepared an ordinance to modify the Municipal Code regarding electric rates. The ordinance will address modifications in two areas: Commercial electric vehicle (EV) charging, and industrial user time-of-use. These rate changes were discussed at the EUORAB meeting in October 2022. EUORAB supports these changes and voted to send them to the City Council for approval. Commercial EV Charging Rate: This rate addition to the Ames Municipal Code is intended to promote off-peak charging to encourage broader adoption of electric vehicles, reduce impacts of on-peak energy demands, and capitalize on lower off -peak energy rates. Off-peak charging benefits all ratepayers by selling more energy during periods that do not contribute to overall system peak. Currently, the existing rate structure charges 6.5 cents per kWh. This proposed rate offers a discount in the demand cost for energy used between 9 p.m. and 9 a.m., when energy prices per kWh are lower than market energy purchased during the daylight hours. Under this rate, energy used during the overnight off-peak hours is subject to an “Economy Rate” of 4 cents per kWh; On-peak energy is charged the full demand charge that is applied to all commercial electric customers and a “Premium Rate” of 12 cents per kWh. An example of a potential customer that would benefit from a rate of this type is CyRide. CyRide is scheduled to take delivery of two new, all-electric buses at the beginning of 2023. Charging buses during the day would add to the utility’s peak demand. The rate proposed here will benefit both CyRide and the electric utility by encouraging off peak charging. Other commercial customers of Ames which desire to convert their fleet to electric can also apply for this rate and gain operational cost savings while reducing greenhouse gas emissions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Economy Premium Hour Ending Economy Rates Premium Rates $0.04 per kWh $0.12 per kWh 30% of peak demand charge Full peak demand charge Industrial Time-of-Use Electric Rate: This rate is an alternative to the City’s Industrial Electric Rate. The proposed changes to the rate align the existing Industrial Time -of-Use (TOU) Electric Rate with an optional Interruptible Rate. The rate offers two mechanisms to help reduce the utility’s overall annual peak. First, the TOU rate encourages large industrial customers to shift their peak energy usage outside the utility’s peak window of 3 p.m. to 8 p.m. Second, customers on this rate have the additional option to elect a partial interruptible load agreement. This is where the utility may require the customer to reduce load further during times of peak demand. Ames has one customer that has chosen this rate structure. The proposed changes to the Municipal Code language will align the Industrial Time-of-Use rate with the Interruptible Option Pilot, and convert the Pilot into a permanent part of the municipal code. ALTERNATIVES: 1. Approve first reading of an ordinance making changes to Municipal Code, Chapter 28 as proposed by City Staff and recommend to Council for approval. 2. Do not approve changes to Municipal Code, Chapter 28. CITY MANAGER’S RECOMMENDED ACTION: The proposed rate updates will help promote off-peak load growth of electric sales and assist CyRide in transitioning its fleet to electric vehicles. Additionally, aligning the industrial time-of-use rate with the interruptible option will encourage large users to shape their load in a beneficial way for the utility while saving the customer money on its energy bill. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 28, UTILITIES, DIVISION 1, ELECTRIC OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ENACTING A NEW SECTION 28.106 AND AMENDING SECTION 28.108 FOR THE PURPOSE OF COMMERCIAL ELECTRIC VEHICLE CHARGING RATE AND INDUSTRIAL TIME-OF-USE ELECTRIC RATES AND CHARGES; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by enacting a new Section 28.106 and amending section 28.108 for the purpose of commercial electric vehicle charging time-of-day rate and industrial time-of-use electric rates and charges as follows: “… Sec. 28.105. COMMERCIAL RATE. … Sec. 28.106. COMMERCIAL ELECTRIC VEHICLE CHARGING RATE. (1) Availability. The “Commercial Electric Vehicle Charging Rate” is solely for the charging of electric vehicles. The rate shall be voluntary for any non-residential customer whose consumption in any billing period exceeds 10,000 kWh, or whose metered demand at any time exceeds 55 kVA. Any customer who elects the Commercial Electric Vehicle Charging Rate shall not switch rates more than once in a period of twelve (12) months. Any customer on Commercial Electric Vehicle Charging Rate who has a metered demand of less than 55 kVA, or a consumption of less than 10,000 kWh, for twelve (12) consecutive months, shall be changed to the Small Commercial Rate. (2) Intent: Electric Services is a summer peaking electric utility, and as such, the cost to deliver electricity is generally most expensive during hours of greatest demand. The utility benefits when large electric users reduce their demand during these times. A time-of-day rate is a pricing strategy whereby Electric Services may vary the price of electricity depending on the time-of-day it is delivered to the customer. Energy pricing can encourage the customer to use electricity during times of low demand and discourage use during the peak times of the day. Time-of-day pricing allows Electric Services to better control costs and mitigate any negative system impacts related to times of peak demand. Additionally, offering off-peak rates encourages broader adoption of electric vehicles by allowing low-cost, off-peak energy for customer vehicle charging. (3) Definitions: (a) Premium Hours: Monday through Friday between the hours of 9:00 am and 9:00 pm, excluding federally observed Holidays: (b) Economy Hours: All remaining hours (c) Billing Demand: The “billing demand” shall be the greater of: (i) The peak fifteen (15) minute demand measured during the premium hours of the current monthly billing period; (ii) Thirty percent (30%) of the peak fifteen (15) minute demand measured during the economy hours of the current monthly billing period; (iii) Seventy-five percent (75%) of the greatest billing demand for the summer period during the prior eleven (11) billing periods; (iv) Sixty percent (60%) of the greatest billing demand during the prior eleven (11) billing periods; (v) 40 kVA. (4) Rate Per Billing Period: For each monthly billing period, a customer participating in the Commercial Electric Vehicle Charging Rate shall be charged: (a) the Service Charge of two hundred fifty dollars ($250.00). (b) the Demand Charge and the Energy Charge for the billing period as follows: (i) for bills mailed on or between July 1 and October 31 (summer period), a customer shall be charged a demand charge of $10.71 per kVA of billing demand (ii) for bills mailed on or between November 1 and June 30 (winter period), a customer shall be charged a demand charge of $8.01 per kVA of billing demand (iii) a customer shall be charged an energy charge of: $0.12 per kWh during “premium” hours $0.04 per kWh during “economy” hours (c) all charges above shall also be subject to the applicable Energy Rate Adjustment (ERA) per Sec. 28.102. Sec. 28.107. INDUSTRIAL RATE. … Sec. 28.108. INDUSTRIAL TIME-OF-USE ELECTRIC RATE AND CHARGES. (1) Availability: The Industrial Time-of-Use Electric Rate shall be voluntary for any customer whose metered demand at any time exceeds 2,500 kVA. Service under this rate schedule is billed on a Time-of-Use basis as provided under these rules. The Industrial Time-of-Use Electric Rate is an alternative to Section 28.107 (1) Availability, at the customer’s discretion. Customers opting for inclusion on Industrial Time-of-Use Electric Rate are required to remain on the rate for a period no less than twelve (12) consecutive calendar months. (2) Intent: Electric Services is a summer peaking electric utility, and as such, the cost to deliver electricity is generally most expensive and detrimental to generation and distribution systems during hours of greatest demand. The utility benefits when large electric users are encouraged to reduce their demand during these times. A Time-of-Use Rate is a pricing strategy whereby Electric Services may vary the price of electricity depending on the time-of-day it is delivered to the customer. Prices encourage the customer to use electricity during times of low demand and discourage use during the peak times of the day. Time-of-Use (TOU) pricing allows Electric Services to better control costs and mitigate any negative system impacts related to times of peak demand. (3) Definitions: (a) Time-of-Use: A specifically identifiable period of time during a twenty-four- hour day used for establishing a pricing strategy aimed at reducing the overall demand for electricity. (b) Peak: The greatest fifteen (15) minute demand for electricity measured during the current billing period. (c) Billing Demand: Highest metered kilovolt-amp (kVA) electric use, in a billing period measured between the hours of 3pm and 8pm Monday through Friday. (d) Holidays: Federally observed Holidays. (e) On-Peak Energy: Electricity, measured in kilowatt hours, used Monday through Friday between the hours of 8:00 am and 8:00 pm. (f) Off-Peak Base Energy: Electricity, measured in kilowatt hours, used Monday through Friday between the hours of 8:00 pm and 8:00 am, and all-day Saturday, Sunday, and Holidays, up to the established monthly Billing Demand. (g) Off-Peak Time-of-Use Energy: Electricity, measured in kilowatt hours, used Monday through Friday between the hours of 8:00 pm and 8:00 am, and all-day Saturday, Sunday, and Holidays, in excess of the established monthly Billing Demand (h) Summer period: Bills mailed on or between July 1 and October 31. (i) Winter period: Bills mailed on or between November 1 and June 30. (4) Rate Per Billing Period: For each monthly billing period, a customer participating in the Industrial Time-of-Use Electric Rate shall be charged: (a) the Service Charge of two hundred fifty dollars ($250.00); (b) the Demand Charge and the Energy Charge for the energy consumption during the billing period as follows: (i) for bills mailed on or between July 1 and October 31 (summer period): 1) the Billing Demand times the billing rate of $10.40 per kVA, and 2) the On Peak, Energy times the billing rate of $0.0644 per kWh, 3) the Off Peak, Base Energy times the billing rate of $0.0644 per kWh, 4) the Off Peak, Time-of-Use Energy times the billing rate of $0.04 per kWh, (ii) for bills mailed on or between November 1 and June 30 (winter period): 1) the Billing Demand times the billing rate of $7.80 per kVA, and 2) the On Peak, Energy times the billing rate of $0.0644 per kWh, 3) the Off Peak, Base Energy times the billing rate of $0.0644 per kWh, 4) the Off Peak, Time-of-Use Energy times the billing rate of $0.04 per kWh, (c) the applicable Energy Cost Adjustment (ECA) per Sec. 28.102, and (d) any applicable bill impacts of Section 28.107 (3) Billing Demand, (4) Minimum Bill, (6) Service Facilities, (7) Excess Facilities, (8) Primary Service, and (9) Conditions. (5) Interruptible Option -Availability: Service under this rate shall be available for customers with monthly demands of 2,500 kilovolt-amps (kVA) or greater. Service under this rate schedule is interruptible and customers must agree to interrupt electric service as provided under these interruptible rate rules. (a) A minimum interruptible load of 500 kVA is required to qualify for interruptible service. (b) Electric Services shall verify Customer compliance with this requirement through the use of customer-specific interval demand meters. (c) Any customer eligible for the interruptible rate who wishes to participate shall establish an interrupt amount based on their previous summer’s average peak kVA demand (the average billed demand of bills mailed in July, August, September, and October). (d) The interrupt amount shall be agreed upon by the customer and City of Ames Electric Services. (e) Load interruptions are only requested during the months of June, July, August, and September. (f) Customer shall be given a minimum of 4 hours notification on the day of interruption. (g) Customer must interrupt at the agreed upon elected amount between the hours of 3:00 pm and 8:00 pm, or shorter duration as determined by the City. (h) Customer shall not be interrupted on more than three consecutive days, and no more than five (5) times in a billing period. (i) Customer credits for participating in the interruptible rate option shall be applied to the customer’s bills mailed out in July, August, September, and October. Customer participation credits are applied irrespective of a request to interrupt. (j) Any customer on this rate will be given a credit of $2.60 per elected kVA as a participation incentive on bills mailed out in July, August, September, and October. (k) In addition to the participation credit, a customer will be given a compliance credit of $2.60 per elected kVA for successfully lowering its demand by at least the amount of the elected interruptible demand. The amount of participation credit applied to the billing demand is based upon the largest interruption response of the billing period. Failure to curtail the full elected amount will result in no compliance credit. (l) In the event a participating customer is unable to interrupt load, a non- compliance penalty will be charged to the billing period’s demand in the amount of $12.00 per kVA for each kVA short of the elected amount. The amount of noncompliance charge applied to the billing demand is based upon the largest noncompliance of the billing period. The compliance credit is equal to the elected participation minus the amount of noncompliance. Such charge shall be in addition to any charges otherwise payable to City of Ames Electric Services for electric service under this rate schedule. The payment of this noncompliance penalty shall not be considered a substitute for any other remedy available to Electric Services including, but not limited to, reduction of service. Sec. 28.109. STREET AND SECURITY LIGHTING RATE & INCIDENTAL UNMETERED ENERGY. … Sec. 28.110. RENEWABLE ENERGY BUYBACK RATES. ...” 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 , . ______________________________________ _______________________________________ Renee Hall, City Clerk John A. Haila, Mayor