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~Master - March 24, 2026, Regular Meeting of the Ames City Council
1.Motion approving payment of claims 2.Motion approving Report of Change Orders for period of March 1-15, 2026 3.Motion approving Summary of Minutes of the Regular City Council Meeting on March 10, 2026 4.Motion approving Ownership Update for Class E Retail Alcohol License - Walgreens #12108, 2719 Grand Avenue 5.Motion approving Temporary Outdoor Service for Class C Retail Alcohol License with Outdoor Service - Tip Top Lounge, 201 E Lincoln Way for: a. April 10 - April 13, 2026 b. July 17 - July 19, 2026 6.Motion approving Temporary Outdoor Service for Class C Retail Alcohol License - Cyclone Experience Network, 1800 S 4th Street (Jack Trice Stadium) for April 10-18, 2026 7.Motion approving new Class C Retail Alcohol License with Outdoor Service - The Dot, 127 Dotson Drive 8.Motion approving new Class C Retail Alcohol License with Outdoor Service - Mary AGENDA REGULAR MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS - CITY HALL MARCH 24, 2026 NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public during discussion. The Standards of Decorum, posted at the door and available on the City website, define respectful conduct for public participation. If you wish to speak, please fill out the form on the tablet outside the door to the Council Chambers or scan the QR Code to the right to fill out the same form on a personal device. When your name is called, please step to the microphone, state your name for the record, and keep your comments brief so that others may have the opportunity to speak. REGULAR MEETING OF THE AMES CITY COUNCIL** ** Regular City Council Meeting will immediately follow the Ames Area Metropolitan Planning Organization Transportation Policy Committee CALL TO ORDER : 6:00 p.m. CONSENT AGENDA : All items listed under the Consent Agenda will be enacted by one motion. There will be no separate discussion of these items unless a request is made prior to the time the Council members vote on the motion. 1 Jane's, 119 Main Street, Pending Dramshop Review 9.Motion approving new 5-Day (April 21-25, 2026) Special Class C Retail Alcohol License - Apres Bar Co, 520 6th Street 10.Motion approving new 5-Day (April 21-25, 2026) Special Class C Retail Alcohol License - Apres Bar Co, 1930 E 13th Street 11.Motion approving the renewal of the following Alcohol Licenses: a. Casey's #4472, 3406 Lincoln Way, Class E Retail Alcohol License b. Cinemark Movies 12, 1317 Buckeye Avenue, Class C Retail Alcohol License c. Cornbred BBQ, 526 Main Street Ste 106, Class C Retail Alcohol License with Catering Privilege and Outdoor Service d. Dangerous Curves, 111 5th Street, Class C Retail Alcohol License e. World Liquor & Tobacco + Vapors, 111 Duff Avenue, Class E Retail Alcohol License 12.Motion approving request for pyrotechnics display during the Luke Combs concert at Jack Trice Stadium on April 11, 2026 13.Motion accepting the Fitch Family Indoor Aquatic Center Monthly Report 14.Requests from The Grand Drives, LLC for Campustown Showdown on April 25, 2026: a. Resolution approving closure of Welch Avenue from approximately 100 feet south of Chamberlain Street to Knapp Street, and Hunt Street from Chamberlain Place to Welch Avenue, between 11 a.m. and 11:45 p.m. on April 25, 2026 15.Requests from Ames Regional Economic Alliance for Taste of Campustown on August 27, 2026: a. Motion approving blanket Temporary Obstruction Permit b. Resolution approving waiver of fee for blanket Vending License 16.Resolution approving exception to Section 22.32(c)(2)(v) to allow alcohol service in Sidewalk Cafe at Della Viti, 323 Main Street, Suite 102 17.Resolution approving Department of Transportation Title VI Civil Rights Compliance Assurances and Agreement 18.Resolution approving appointment to Ames Human Relations Commission 19.Resolution approving Commission on the Arts (COTA) Summer 2026 Special Project Grant contracts 20.Resolution accepting Public Art Easement located at Ames Community Preschool Center, 920 Carroll Avenue 21.Resolution approving and adopting Supplement No. 2026-2 to the Ames Municipal Code 22.Resolution approving preliminary plans and specifications for the 13th and Grand Power Line Relocation project, and setting April 29, 2026, as the bid due date, and May 12, 2026, as date of Public Hearing 23.Resolution approving preliminary plans and specifications for the 2025/26 Right-of-Way Restoration program, setting April 8, 2026, as the bid due date and April 14, 2026, as the 2 date of Public Hearing 24.Resolution approving contract and bond for the 2025/26 Alley Pavement Improvement Program (Alley - South of Lincoln Way Between South Kellogg Ave and South Sherman Ave) with Brother's Concrete, of Des Moines, IA, in the amount of $116,833.30 25.Resolution approving contract and bond for the 2025/26 Downtown Street Pavement Improvement Program (Alley - North of Lincoln Way Between Kellogg Ave and Sherman Ave) with Brother's Concrete, of Des Moines, IA, in the amount of $127,917.05 26.Resolution approving contract and bond for the 2025/26 Seal Coat Street Pavement Improvements Program and Water System Improvements Program (Ferndale Avenue and Furman Drive) with Iowa Water & Waste Systems of Boone, IA, in the amount of $1,977,694.58 27.Resolution approving the renewal of annual software licensing with RingCentral, Inc. of Belmont, CA, for Year 2 VoIP phone services in an amount not to exceed $55,311 28.161kV Transmission Line Relocation: a. Resolution waiving the City's Purchasing Policy requirement for competitive bidding a n d awarding contract to DGR Engineering, of Rock Rapids, IA, for Engineering Services in the amount not-to-exceed $239,000 b. Approval of Reimbursement Agreement with Iowa Department of Transportation (IDOT) in conjunction with its widening project at the 290th Street bridge over I-35 29.Resolution waiving the City's Purchasing Policy requirement for competitive bidding and approving a Professional Services Agreement with Olsson, Inc., of Des Moines, IA, for the Intelligent Transportation Systems Program (Phase 5) in an amount not to exceed $389,070.50 30.Resolution approving Change Order No. 1 in the amount of $32,497.82 with Gillig LLC, of Livermore, CA, for the purchase of two 40' heavy-duty buses for a total contract amount of $1,289,493.82 31.Resolution approving Change Order No. 13 with Lansink Construction, Inc., of Johnston, IA, for the Fitch Family Indoor Aquatic Center Bid Package 06-1 in the amount of $10,732 32.Resolution awarding contract to Gillig LLC, of Livermore, CA, for six 40' heavy-duty buses in the amount of $4,361,466 33.Resolution approving Amendment No. 3 with WHKS & Co., of Ames, IA, for the Engineering Services Agreement for the 2024-26 Traffic System Capacity Improvement Program (13th & Grand) and directing staff to reallocate the available funding from the 2023/24 Traffic System Capacity Improvement Program (Airport Road Improvements) to the 2024-26 Traffic System Capacity Improvement Program (13th & Grand) 34.Resolution enacting Special P e n a l t y Parking Enforcement for Spring 2026 Stadium Concerts on April 11, 2026, and July 17, 2026 35.Resolution setting April 14, 2026, as the date of public hearing to consider adoption of 3 Fiscal Year 2025/26 Adjusted Budget and Fiscal Year 2026/27 Budget 36.Harrison Pointe Subdivision a. Resolution Approving Development Agreement b. Resolution Approving Major Final Plat c. Resolution Accepting Public Improvements Agreement 37.Staff Report on Tree Removal at 624 Duff Avenue a. Motion directing staff 38.Resolution declaring Jordison Construction, Inc., of Urbandale, IA, to be a non- responsible contractor for the purpose of bidding on City projects (tabled from March 10, 2026 meeting) a. Motion accepting Jordison Construction, Inc., offer to withdraw bid for Resource Recovery and Recycling Campus 39.Discussion on City Attorney job description and hiring timeline (tabled from March 10, 2026, meeting) a. Motion accepting job description changes b. Motion approving recruitment plan and hiring timeline 40.Staff Report on Ironwood Estates request for woodlot restoration of Iowa DOT Property a. Motion directing staff 41.Resolution approving the expansion and/or establishment of Park Boundaries 42.Resolution approving staining or receiving a credit for the Precast Concrete Panels of the Fitch Family Indoor Aquatic Center 43.Request by Dover Development to waive the Subdivision Street Connection Requirements in Chapter 23 of Municipal Code along GW Carver Avenue in the Bluffs Subdivision a. Resolution approving waiver of Subdivision Street Connection Requirements 44.Development Agreement Outline for Auburn Trail (Hyde Avenue) a. Motion directing staff PUBLIC FORUM: This is a time set aside for comments from the public on topics of City business other than those listed on this agenda. Please understand that the Council will not take any action on your comments at this meeting due to requirements of the Open Meetings Law, but may do so at a future meeting. ADMINISTRATION: HUMAN RESOURCES: PARKS AND RECREATION: PLANNING AND HOUSING: 4 45.Award of contracts for Resource Recovery and Recycling Campus: a. Resolution approving final plans and specifications and awarding a contract for bid package 01-1 – General Construction Work to RH Grabau Construction, Inc., of Boone, IA, in the amount of $1,601,000 b. Resolution approving final plans and specifications and awarding a contract for bid package 03-1 – Concrete and Steel Work to Jensen Builders, Ltd., of Des Moines, IA, in the amount of $4,675,500 c. Resolution approving final plans and specifications and awarding a contract for bid package 09-1 – Gypsum Board Assembly Work to Heartland Finishes, Inc., of Des Moines, IA, in the amount of $430,675 d. Resolution approving final plans and specifications and awarding a contract for bid package 14-1 – Elevator/Lift Work to TK Elevator Corporation, of Urbandale, IA, in the amount of $109,800 e. Resolution approving final plans and specifications and awarding a contract for bid package 21-1 – Fire Suppression Systems Work to Tri-City Fire Protection, LLC, of Davenport, IA, in the amount of $169,284 f. Resolution approving final plans and specifications and awarding a contract for bid package 22-1 – Plumbing & HVAC Work to ACI Mechanical, Inc., of Ames, IA, in the amount of $1,180,000 g. Resolution approving final plans and specifications and awarding a contract for bid package 26-1 – Electrical, Communications, & Electronic Safety and Security Work to Enterprise Electric, Inc., of Boone, IA, in the amount of $1,329,000 h. Resolution approving final plans and specifications and awarding a contract for bid package 31-1 – Site Demolition & Earthwork to Con-Struct, Inc., of Ames, IA, in the amount of $575,000 i. Resolution approving final plans and specifications and awarding a contract for bid package 32-1 – Paving & Sidewalk Work to Lakeside Contractors, LLC, of Ames, Iowa, in the amount of $1,028,129 j. Resolution approving final plans and specifications and awarding a contract for bid package 33-1 – Site Utility Work to On Track Construction LLC, of Nevada, IA, in the amount of $723,370 k. Resolution approving final plans and specifications and awarding a contract for bid package 40-1 – Millwright/Process Integration Work to RRT Design & Construction, of Melville, NY, in the amount of $7,798,009 l. Resolution approving Change Order No. 1 to RH Grabau Construction, Inc., of Boone, IA, for bid package 01-1 – General Construction Work, a deduct in the amount of $126,538, for a revised contract value of $1,474,462 PUBLIC WORKS: 5 m. Resolution approving Change Order No. 1 to Jensen Builders, Ltd., of Des Moines, IA, for bid package 03-1 – Concrete and Steel Work, a deduct in the amount of $257,865, for a revised contract value of $4,417,635 n. Resolution approving Change Order No. 1 to Enterprise Electric, Inc., of Boone, IA, for bid package 26-1 – Electrical, Communications, & Electronic Safety and Security Work, a deduct in the amount of $50,970, for a revised contract value of $1,278,030 o. Resolution approving Change Order No. 1 to Con-Struct, Inc., of Ames, IA, for bid package 31-1 – Site Demolition & Earthwork, an increase in the amount of $87,717, for a revised contract value of $662,717 p. Resolution approving Change Order No. 1 to RRT Design & Construction, of Melville, NY, for bid package 40-1 – Millwright/Process Integration Work, a deduct in the amount of $1,134,320, for a revised contract value of $6,663,689 46.Hearing on Zoning Text Amendment Creating a New Zoning Overlay District (West University Pedestrian Enhancement District) Related to Density, Parking, and Design Requirements to be Applied between Sheldon and Hyland, and Lincoln Way and Oakland a. First reading of ordinance 47.Hearing on Rezoning and Master Plan Amendment for 4605 and 4510 Hyde and Adjacent Properties to the North (Auburn Trail Development) a. First reading of ordinance 48.Hearing and Notice of Intent to Issue $17,375,000 Essential Corporate Purpose General Obligations Bonds, and Associated Tax Levy for Debt Purposes a. Resolution taking additional action on proposal to enter into an Essential Purpose Loan Agreement, combining Loan Agreements, and providing for the levy of taxed to pay General Obligation Corporate Purpose Bonds, Series 2026A 49.Hearing on Sanitary Sewer and Manhole Rehabilitation (Basin 11) Project: a. Resolution taking additional action for the authorization of a Loan and Disbursement Agreement and this issuance of Sewer Revenue Bonds (SRF Loan) not-to-exceed $2,100,000 b. Resolution approving final plans and specifications and awarding contract to Municipal Pipe Tool Co. LLC, of Hudson, IA, in the amount of $1,616,102.90 50.Hearing on Sanitary Sewer Rehabilitation (E. Lincoln Way and Nikkol Trunk Line) Project: a. Resolution taking additional action for the authorization of a Loan and Disbursement Agreement and this issuance of Sewer Revenue Bonds (SRF Loan) not-to-exceed $5,700,000 b. Resolution approving final plans and specifications and awarding contract to HEARINGS: 6 Municipal Pipe Tool Co. LLC, of Hudson, IA, in the amount of $4,462,230.40 51.Second reading of ordinance rezoning of property located at 1323 Northwestern Avenue from Residential Low Density (RL) to Government/Airport District (S-GA) with a Master Plan 52.Second reading of ordinance to amend the Municipal Code of the City of Ames, Iowa by enacting a new Section 24.21 thereof, for the purpose of creating Tax Increment Financing District within the Downtown Reinvestment District Urban Renewal Area 53.Second reading of ordinance revising Municipal Code Chapters 10, 17, 21, 22, 27 relating to licenses and permits issued by the Office of the City Clerk 54.Third reading and adoption of ORDINANCE NO. 4890 revising Municipal Code Chapter 28 for Water Meter setting requirements 55.Participation with agencies, boards and commissions: a. Discover Ames (ACVB) b. Ames Regional Economic Alliance (AREA) c. Story County Emergency Management Agency (SCEMA) d. Ames Transit Agency Board of Trustees ORDINANCES: DISPOSITION OF COMMUNICATIONS TO COUNCIL : REPORT OF GOVERNING BODY: COUNCIL COMMENTS : 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. 7 To:Mayor & City Council From:Renee Hall, City Clerk Date:March 24, 2026 Subject:Report of Contract Change Orders Item No. 2 MEMO The Report of Change Orders for the period of March 1-15, 2026, is attached for the City Council's review and consideration. ATTACHMENT(S): Change Order Report - March 1-15, 2026.docx Administration 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 8 REPORT OF CONTRACT CHANGE ORDERS Department General Description of Contract Contract Change No. Original Contract Amount Contractor/ Vendor Total of Prior Change Orders Amount this Change Order Change Approved By Purchasing Contact (Buyer) Parks & Recreation Bid Package 03-1 Building Concrete Work, Mechanical Equipment Relocations, PCO-039, CE- 069, for Fitch Family Indoor Aquatic Center 4 $671,500.00 All Star Concrete LLC $39,039.00 $7,885.00 P. Goldbeck KS Parks & Recreation Bid Package 06-1 General Carpentry Work, Folding Seat, & Sanitary Dispenser, PCO-070, CE-070, CCD-011, & PCO-072, CE-072, for Fitch Family Indoor Aquatic Center 12 $1,016,000.00 Lansink Construction, Inc. $95,138.00 $3,329.00 P. Goldbeck KS Parks & Recreation Bid Package 26-1 Electrical, Communications, Electric Safety & Security Work, Aquatic Storerooms HVAC & Boiler Breaker Voltage, PCO-068, CE-068, & PCO- 076, CE-076, for Fitch Family Indoor Aquatic Center 12 $1,477,436.00 Van Maanen Electric, Inc. $72,318.00 $8,348.00 P. Goldbeck KS Period: 1st – 15th 16th – End of Month Month & Year: March 2026 For City Council Date: March 24, 2026 9 Department General Description of Contract Contract Change No. Original Contract Amount Contractor/ Vendor Total of Prior Change Orders Amount this Change Order Change Approved By Purchasing Contact (Buyer) Parks & Recreation Bid Package 26-1 Electrical, Communications, Electric Safety & Security Work, Distributed Antenna System & Combo Starter EF-1A NEMA 4, PCO-075, CE-075, & PCO-080, CE- 080, for Fitch Family Indoor Aquatic Center 13 $1,477,436.00 Van Maanen Electric, Inc. $80,666.00 $-(2,412.00) P. Goldbeck KS Parks & Recreation Bid Package 26-1 Electrical, Communications, Electric Safety & Security Work, Admin Suite Microwave Circuit & BFP Flood Prevention Valve Alert, PCO-081, CE-081, & PCO- 085, CE-085, RFI-165, for Fitch Family Indoor Aquatic Center 14 $1,477,436.00 Van Maanen Electric, Inc. $78,254.00 $1,524.00 P. Goldbeck KS Parks & Recreation Bid Package 26-1 Electrical, Communications, Electric Safety & Security Work, Emergency Stops Added & A/V Webcast Changes, PCO-078, CE-078, & PCO- 083, CE-083, for Fitch Family Indoor Aquatic Center 15 $1,477,436.00 Van Maanen Electric, Inc. $79,778.00 $7,233.00 P. Goldbeck KS Electric Services Engineering Services for IDOT I35 Relocation 4 $24,000.00 HDR Engineering $326,000.00 $30,000.00 B. Phillips KS 10 Department General Description of Contract Contract Change No. Original Contract Amount Contractor/ Vendor Total of Prior Change Orders Amount this Change Order Change Approved By Purchasing Contact (Buyer) Parks & Recreation Bid Package 22-1 Plumbing & HVAC Work, Boiler E- Stops & CM Detectors, PCO-088, CE-088, for Fitch Family Indoor Aquatic Center 9 $4,184,363.00 Brockway Mechanical & Roofing $110,429.00 $404.00 K. Abraham KS Parks & Recreation Bid Package 13-1 Swimming Pool Work, SS Rail at Water Slide & Curtain Wall Glazing, PCO- 084, CE-084, & PCO-090, CE-090, for Fitch Family Indoor Aquatic Center 5 $4,326,187.00 Sande Construction & Supply Co. $9,075.00 $-($3,685.00) K. Abraham KS Parks & Recreation Bid Package 13-1 Swimming Pool Work, SS Rail at Water Slide & Curtain Wall Glazing, PCO- 084, CE-084, & PCO-090, CE-090, for Fitch Family Indoor Aquatic Center 4 $4,326,187.00 Sande Construction & Supply Co. $8,806.00 $269.00 K. Abraham KS Parks & Recreation Bid Package 08-1 Entrance, Storefront, Curtainwall & Glazing Work, Curtain Wall Glazing, PCO-090, CE-090, for Fitch Family Indoor Aquatic Center 5 $726,526.00 Orning Glass Company, Inc. $8,115.00 $3,870.00 K. Abraham KS 11 Department General Description of Contract Contract Change No. Original Contract Amount Contractor/ Vendor Total of Prior Change Orders Amount this Change Order Change Approved By Purchasing Contact (Buyer) Parks & Recreation Bid Package 26-1 Electrical, Communications, Electric Safety & Security Work, Emergency Stops Added & A/V Webcast Changes, PCO-078, CE-078, & PCO- 083, CE-083 for Fitch Family Indoor Aquatic Center 11 $1,477,436.00 Van Maanen Electric, Inc. $57,174.00 $15,144.00 K. Abraham KS 12 To:Mayor & City Council From:City Clerk's Office Date:March 24, 2026 Subject:Approval of Minutes Item No. 3 MEMO Attached for the City Council's review are the minutes from the Regular City Council Meeting on March 10, 2026 ATTACHMENT(S): C26-0310.pdf Administration 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 13 1 SUMMARY MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA MARCH 10, 2026 The Regular Meeting of the Ames City Council was called to order by Mayor Pro Tem Anita Rollins at 6:00 p.m. on the 10th day of March, 2026, 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. Ex officio Emily Boland was also present. Mayor John Haila and Council Member Amber Corrieri were absent. CONSENT AGENDA: Moved by Betcher, seconded by Beatty-Hansen, to approve the consent agenda. 1. Motion approving payment of claims 2. Motion approving Report of Change Orders for period of February 16-28, 2026 3. Motion approving Summary of Minutes of the Regular City Council Meeting on February 24, 2026, and Minutes of the Special Meeting of the City Council on February 27, 2026 4. Motion approving Civil Service Candidates 5. Motion approving Ownership Update for Class E Retail Alcohol License - Wal- Mart Store #749, 3105 Grand Avenue 6. Motion approving Ownership Update for Class E Retail Alcohol License - Wal-Mart Supercenter #4256, 534 South Duff Avenue 7. Motion approving new Class C Retail Alcohol License - AJ's Bar & Grill, 2514 Chamberlain Street, Pending Favorable Inspection 8. Motion approving new 5-Day (April 18-22, 2026) Special Class C Retail Alcohol License - Christiani's Events, 2900 Hoover Drive 9. Motion approving the renewal of the following Alcohol Licenses: a. Kwik Spirits #530, 204 S Duff Avenue, Class E Retail Alcohol License b. Wal-Mart Store #749, 3105 Grand Avenue, Class E Retail Alcohol License c. BN'C Fieldhouse, 206 Welch Avenue, Class C Retail Alcohol License with Outdoor Service 10. Fees for Parking Meters for Ames Main Street Farmers' Market on Saturdays from May 2- October 17, 2026: a. RESOLUTION NO. 26-111 rescinding Resolution No. 25-084 b. Motion denying request to waive fees for parking meters on the 200, 300, and 400 blocks of Main Street 11. RESOLUTION NO. 26-112 authorizing the FY 2026/27 expenditure of $5,000 ($4,000 from Council Contingency and $1,000 from AHRC budget) to support the 2026 Building Community Breakfast 12. RESOLUTION NO. 26-113 approving appointments to various Boards and Commissions 13. RESOLUTION NO. 26-114 affirming retroactive Council authorization of Council Member Gartin's votes on behalf of the City Council at the March 5, 14 2 2026, meeting of the Story County Emergency Management Commission 14. RESOLUTION NO. 26-115 approving 2026 City of Ames Electric Reliability Plan 15. RESOLUTION NO. 26-116 approving request from Heartland of Story County to sublease office space to Iowa State University of Science and Technology at the city-owned property located at 205 S. Walnut Avenue 16. RESOLUTION NO. 26-117 approving 2025 Annual Fees - Appendix Q Water and Pollution Control Fees & Charges to include Sample Collection Fees 17. RESOLUTION NO. 26-118 approving Change Order No. 1 with Pioneer Industrial Corp, of Kansas City, MO, for the Valve Maintenance and Related Services and Supplies Contract for the Power Plant in the amount of $55,000 18. RESOLUTION NO. 26-119 approving Change Order No. 1 with Terracon, of Ames, IA, for Special Testing associated with the Water Pollution Control Facility Nutrient Reduction Modifications Phase 1 Project in the amount of $35,205 19. RESOLUTION NO. 26-120 approving Change Order No. 3 with Primoris Electric, Inc., of Inver Grove Heights, MN, for the Relocation of 161kV Transmission Line Project from Ames Plant to NE Ankeny in the amount of $89,125.80 (inclusive of Iowa sales tax) 20. Water Pollution Control Facility Nutrient Reduction Modifications Phase 1 Project: a. RESOLUTION NO. 26-121 rescinding Resolution No. 25-096 b. RESOLUTION NO. 26-122 approving Change Order No. 8 with Woodruff Construction, of Ames, IA, for the Water Pollution Control Facility Nutrient Reduction Modifications Phase 1 Project in the amount of $3,843.61 21. RESOLUTION NO. 26-123 approving preliminary plans and specifications for the Freel Drive Paving program, setting April 8, 2026, as the bid due date and April 14, 2026, as the date of Public Hearing 22. RESOLUTION NO. 26-124 approving contract and bond for the 2022/23 Bridge Rehabilitation Program (S. 4th Pedestrian Bridge over Ioway Creek) with Boulder Contracting, LLC of Grundy Center, IA, in the amount of $1,577,234.95, contingent upon receipt 23. RESOLUTION NO. 26-125 approving contract and bond for the 2023/24 Stormwater Erosion Control Program (Inis Grove) with Nagel Construction, of Allerton, IA, in the amount of $346,267.50 24. RESOLUTION NO. 26-126 approving contract and bond for the 2025/26 Collector Street Pavement Improvements (Bloomington Road) with Manatt's, Inc., of Ames, IA, in the amount of $896,852.24 25. RESOLUTION NO. 26-127 approving contract and bond for the 2025/26 Concrete Street Pavement Improvements Program No. 1 (Clark Ave) with Con-Struct Inc., of Ames, IA, in the amount of $1,114,875.50 26. RESOLUTION NO. 26-128 approving contract and bond for the 2025/26 Concrete Street Pavement Improvements Program No. 2 (Sunset Dr) with Con-Struct, Inc., of Ames, IA, in the amount of $1,295,903.20 27. RESOLUTION NO. 26-129 approving contract and bond for the 2025/26 Concrete Street Pavement Improvements Program No. 3 (Campus Ave) with 15 3 Con-Struct, Inc., of Ames, IA, in the amount of $838,938 28. RESOLUTION NO. 26-130 setting March 24, 2026, as the date for Public Hearing on proposals to enter into a General Obligation Loan Agreements and to borrow money thereunder 29. RESOLUTION NO. 26-131 setting March 24, 2026, as the date of Public Hearing to enter into a State Revolving Fund Clean Water Loan agreement in an amount not to exceed $2,100,000 30. RESOLUTION NO. 26-132 setting March 24, 2026, as the date of Public Hearing to enter into a State Revolving Fund Clean Water Loan agreement in an amount not to exceed $5,700,000 31. RESOLUTION NO. 26-133 approving release in full of the financial security on file for Domani 1st Addition, Stormwater Maintenance Roll Call Vote: 5-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. PUBLIC FORUM: The Public Forum was opened and closed by Mayor Pro Tem Rollins when no one came forward to speak. HEARING ON REZONING OF PROPERTY LOCATED AT 1323 NORTHWESTERN AVENUE FROM RESIDENTIAL LOW DENSITY (RL) TO GOVERNMENT/AIRPORT DISTRICT (S-GA) WITH A MASTER PLAN: Planning and Housing Director Kelly Diekmann provided the staff report, explaining that the Ames Community School District (ACSD) purchased this property with the intent to expand services for the district. The current zoning was RL, and the district was seeking to rezone to S-GA. The Public Hearing was opened by Mayor Pro Tem Rollins. Melissa Goodwin, Project Manager for the project, highlighted the vision of ACSD to create a community centerpiece with multipurpose spaces for student services, administration, and partnerships. Scott Grimes, ACSD Superintendent, highlighted plans for preserving existing buildings on the site to serve academic, staff development, and community use purposes. The Public Hearing was closed by Mayor Pro Tem Rollins when no one else came forward to speak. Moved by Betcher, seconded by Junck, to pass on first reading an ordinance rezoning property located at 1323 Northwestern Avenue from Residential Low Density (R L) to Government/Airport District (S-GA) with a Master Plan. Roll Call Vote: 5-0. Motion declared carried unanimously. DISCUSSION ON CITY ATTORNEY JOB DESCRIPTION AND HIRING TIMELINE: Moved by Gartin, seconded by Beatty-Hansen, to table the discussion until the March 24, 2026, Regular Meeting of the Ames City Council. Vote on Motion: 5-0. Motion declared carried unanimously. 16 4 DISCUSSION ON LETTER TO LEGISLATORS REGARDING HF 2541: City Attorney Mark Lambert reported that the proposed legislation was quickly passed and Senate File 579 had already been signed by the Governor, prohibiting cities from defining protected classes beyond state law. This development rendered sending a protest letter moot. RESIDENTIAL CURBSIDE RECYCLING PROGRAM: Sustainability Coordinator Nolan Sagan, alongside Public Works Director Justin Clausen, Assistant City Manager Brian Phillips, and Resource Recovery Superintendent Mark Peebler, presented the residential curbside recycling program after a two-week delay requested at the last meeting to allow for additional public input and education. Mayor Pro Tem Rollins opened the Public Input. Andrew Jiles, Caitlin Leon, and Jeri Neal, spoke in favor of the program, with Jiles discussing concerns with the adequacy of collection frequency. Mayor Pro Tem Rollins closed the Public Input when no one else came forward to speak. Moved by Beatty-Hansen, seconded by Junck, to adopt RESOLUTION NO. 26-134 approving five-year contract for residential curbside recycling collection with Aspen Waste Systems of Iowa, Inc., of Ames, IA. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Beatty-Hansen, seconded by Junck, to adopt RESOLUTION NO. 26-135 amending Appendix F of Municipal Code to incorporate fees related to curbside recycling. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. REQUEST FROM CITY OF MAXWELL TO WITHDRAW FROM RESOURCE RECOVERY SYSTEM 28E INTERGOVERNMENTAL AGREEMENT: Assistant City Manager Phillips, alongside Director Clausen and Superintendent Peebler, explained that during the Resource Recovery and Recycling Campus (R3C) development process, Maxwell requested release from the system to join the waste management planning area for Marshall County. The Public Input was opened and closed by Mayor Pro Tem Rollins when no one came forward to speak. Moved by Gartin, seconded by Betcher, to adopt RESOLUTION NO. 26-136 approving amendment terminating the 28E Intergovernmental Agreement as of June 30, 2026. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. 17 5 RESOLUTION APPROVING CLIMATE ACTION GRANT PROGRAM UPDATES WITH AN ALLOCATION OF UP TO $150,000: Coordinator Sagan, alongside Assistant City Manager Pa Vang Goldbeck, presented the proposal to continue the Climate Action Grants Program for another year after a successful first year in 2025. The program offered two types of grants in its first year: community climate and youth mini grants. A third category of grants for residential sustainability improvements was proposed for 2026. Mayor Pro Tem Rollins opened and closed the Public Input when no one came forward to speak. Moved by Betcher, seconded by Junck, to adopt RESOLUTION NO. 26-137 approving Climate Action Grant Program updates with an allocation of up to $150,000. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. RESOLUTION DECLARING JORDISON CONSTRUCTION, INC., OF URBANDALE, IA, TO BE A NON-RESPONSIBLE CONTRACTOR FOR THE PURPOSE OF BIDDING ON CITY PROJECTS: Moved by Junck, seconded by Betcher, to table the item until the March 24, 2026, Regular Meeting of the Ames City Council. Vote on Motion: 5-0. Motion declared carried unanimously. DISCUSSION ON ADDITIONAL QUESTIONS FOR THE 2026 RESIDENT SATISFACTION SURVEY: Communications and Outreach Manager Susan Gwiasda reviewed the biannual process of requesting City Council input on survey questions. Moved by Beatty-Hansen, seconded by Rollins, to strike the question, “How many of your neighbors do you know?” from the 2026 Survey. Vote on Motion: 5-0. Motion carried unanimously. Moved by Beatty-Hansen, seconded by Junck, to add a question to the 2026 Survey regarding the identification of possible discrimination as requested by the Ames Human Relations Commission. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Junck, to remove the current questions under Sustainability from the 2026 Survey. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Junck, to add a question to the 2026 Survey asking what sustainability related improvements residents would consider making to their home and, if none, why. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Betcher, seconded by Beatty-Hansen, to add the dollar amount of allocated funds to the question about ASSET Services in the 2026 Survey. 18 6 Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Rollins, seconded by Betcher, to add the open-ended question, “What would make you go Downtown more often?” to the 2026 Survey. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Junck, to add the open -ended question, “What would make you go to Campustown more often?” to the 2026 Survey. Vote on Motion: 5-0. Motion declared carried unanimously. RESOLUTION APPROVING CHANGE ORDER NO. 8 FOR THE FITCH FAMILY INDOOR AQUATIC CENTER BID PACKAGE 22-1: Parks and Recreation Director Keith Abraham presented a change order request for Brockway Mechanical and Roofing in the amount of $44,749. Moved by Betcher, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 26-139 approving Change Order No. 8 with Brockway Mechanical and Roofing Co., of Des Moines, IA, for the Fitch Family Indoor Aquatic Center Bid Package 22 -1 in the amount of $44,749. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. RESOLUTION APPROVING THE REPORT OF RAPID NEEDS PURCHASE FOR REPAIRS TO ELECTRIC TRANSFORMER: Assistant Director of Electric Services Curtis Spence reported on emergency repairs to a transformer at Dayton Avenue substation. Moved by Betcher, seconded by Junck, to adopt RESOLUTION NO. 26-140 approving the report of rapid needs purchase with RMS Energy, of Little Falls, MN, for repairs to the Dayton Avenue Substation transformer in the amount of $221,680.46. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. RESOLUTION APPROVING FY 2026/27 NATURAL GAS SUPPLY FOR ELECTRIC: Assistant Director Spence requested authorization for the Director of Electric Services to commit to natural gas contract extensions within approved budget for the next fiscal year. Moved by Gartin, seconded by Betcher, to approve Alternative 3: adopting RESOLUTION NO. 26-141 authorizing staff to approve extensions to the contract with Macquarie Energy LLC, of Houston, TX, to amend the existing natural gas supply contract over the coming fiscal year at prices to achieve a total cost of not more than $13,300,000. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. STAFF REPORT REGARDING DEVICE DELIVERY SELLER PERMITS: Police Chief 19 7 Geoff Huff reviewed the details of a new permit for tobacco device delivery made available by the Iowa Department of Revenue in the last legislative session. Moved by Junck, seconded by Beatty-Hansen, to approve Option 3: Decline to take action, allowing the State permitting to proceed without local involvement. Vote on Motion: 5-0. Motion declared carried unanimously. PROPOSED 2026/27 ANNUAL ACTION PLAN PROJECTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PROGRAMS: Housing Coordinator Vanessa Baker-Latimer presented the annual action plan required for HUD applications. Moved by Gartin, seconded by Betcher, to approve the proposed FY 2026-27 Annual Action Plan Program Projects and proposed budgets in connection with the City’s Community Development Block Grant and HOME Program , and direct staff to proceed with hosting public forums for citizen input and feedback , and request an extension for submitting the Action Plan as needed. Vote on Motion: 5-0. Motion declared carried unanimously. PROPOSED AMENDMENT TO THE CITY'S 2025/26 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN TO MODIFY PROGRAMS AND BUDGET: Coordinator Baker-Latimer requested a substantial amendment to add South 3rd and South Maple infrastructure improvements to the current year's program. Moved by Gartin, seconded by Betcher, to approve Alternative No. 1: • Direct staff to proceed with amending the 2025 -26 CDBG Annual Action Plan with the proposed projects as outlined in Attachment 1. • Adopt RESOLUTION NO. 26-142 setting date of Public Hearing for April 14, 2026. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON RESOURCE RECOVERY AND RECYCLING CAMPUS (R3C): Director Clausen, alongside Assistant City Manager Phillips and Superintendent Peebler, reported on the bids received on March 3, 2026, for the R3C project. Mayor Pro Tem Rollins opened and closed the Public Hearing when no one came forward to speak. Moved by Beatty-Hansen, seconded by Junck, to accept report of bids and delay contract awards until the March 24, 2026, Regular Meeting of the Ames City Council. Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON 2025/26 ALLEY PAVEMENT IMPROVEMENT PROGRAM (ALLEY - SOUTH OF LINCOLN WAY BETWEEN SOUTH KELLOGG AVE AND SOUTH SHERMAN AVE): Director Clausen was present to answer any questions regarding the series of hearings on Public Works projects. 20 8 The Public Hearing was opened and closed by Mayor Pro Tem Rollins when no one came forward to speak. Moved by Junck, seconded by Beatty-Hansen, to accept report of bids. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Betcher, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 26-143 approving final plans and specifications and awarding a contract to Brother's Concrete, of Des Moines, IA, in the amount of $116,833.30. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON 2025/26 DOWNTOWN STREET PAVEMENT IMPROVEMENT PROGRAM (ALLEY - NORTH OF LINCOLN WAY BETWEEN KELLOGG AVE AND SHERMAN AVE): Mayor Pro Tem Rollins opened and closed the Public Hearing when no one came forward to speak. Moved by Betcher, seconded by Junck, to accept report of bids. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Betcher, seconded by Junck, to adopt RESOLUTION NO. 26-144 approving final plans and specifications and awarding a contract to Brother's Concrete, of Des Moines, IA, in the amount of $127,917.05. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON 2025/26 SEAL COAT STREET PAVEMENT IMPROVEMENTS PROGRAM AND WATER SYSTEM IMPROVEMENTS PROGRAM (FERNDALE AVENUE AND FURMAN DRIVE): The Public Hearing was opened and closed by Mayor Pro Tem Rollins when no one came forward to speak. Moved by Betcher, seconded by Beatty-Hansen, to accept report of bids. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Betcher, seconded by Junck, to adopt RESOLUTION NO. 26-145 approving final plans and specifications and awarding a contract to Iowa Water & Waste Systems of Boone, IA, in the amount of $1,977,694.58. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. FIRST READING OF ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA BY ENACTING A NEW SECTION 24.21 THEREOF, FOR THE PURPOSE OF CREATING TAX INCREMENT FINANCING DISTRICTS WITHIN THE DOWNTOWN REINVESTMENT DISTRICT URBAN RENEWAL AREA: Director Diekmann presented an ordinance that would create two Tax Increment Financing (TIF) districts within the previously established Downtown Reinvestment District Urban 21 9 Renewal Area. The Public Input was opened and closed by Mayor Pro Tem Rollins when no one came forward to speak. Moved by Gartin seconded by Beatty-Hansen, to pass on first reading an ordinance to amend the Municipal Code of the City of Ames, Iowa by enacting a new Section 24.21 thereof, for the purpose of creating Tax Increment Financing Districts within the Downtown Reinvestment District Urban Renewal Area. Roll Call Vote: 5-0. Motion declared carried unanimously. FIRST READING OF ORDINANCE REVISING MUNICIPAL CODE CHAPTERS 10, 17, 21, 22, 27, RELATING TO LICENSES AND PERMITS ISSUED BY THE OFFICE OF THE CITY CLERK: Moved by Betcher, seconded by Junck, to pass on first reading an ordinance revising Municipal Code Chapters 10, 17, 21, 22, 27, relating to licenses and permits issued by the Office of the City Clerk. Roll Call Vote: 5-0. Motion declared carried unanimously. SECOND READING OF ORDINANCE REVISING MUNICIPAL CODE CHAPTER 28 FOR WATER METER SETTING REQUIREMENTS: Moved by Betcher, seconded by Gartin, to pass on second reading an ordinance revising Municipal Code Chapter 28 for Water Meter setting requirements. Roll Call Vote: 5-0. Motion declared carried unanimously. THIRD READING AND ADOPTION OF ORDINANCE NO. 4589 RENAMING CENTER AVENUE TO CHANTLAND AVENUE: Moved by Gartin, seconded by Junck, to pass on third reading and adopt ORDINANCE NO. 4589 renaming Center Avenue to Chantland Avenue. Roll Call Vote: 5-0. Motion declared carried unanimously. THIRD READING AND ADOPTION OF ORDINANCE NO. 4588 MODIFYING MUNICIPAL CODE CHAPTER 10, GARBAGE AND REFUSE : Moved by Betcher, seconded by Junck, to pass on third reading and adopt ORDINANCE NO. 4588 modifying Municipal Code Chapter 10, Garbage and Refuse. Roll Call Vote: 5-0. Motion declared carried unanimously. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Pro Tem Rollins noted there were six items for consideration. The first item was a concern regarding rezoning at Northwestern Avenue and 13th Street from Mark McClure. Moved by Beatty-Hansen to communicate thanks for the input and let the resident know the next steps in the planning for that property. Motion withdrawn. Moved by Beatty-Hansen, seconded by Junck, to respond to the requester with the information provided by staff during the meeting. Vote on Motion: 5-0. Motion declared carried unanimously. 22 10 A request to present a proposal on Lincoln Way pedestrian safety from Allyson Paige and Vela Achahuanco was the second item. Moved by Beatty-Hansen, seconded by Betcher, to refer the proposal to Public Works staff. Vote on Motion: 5-0. Motion declared carried unanimously. The third item was a concern regarding trailer parking requirements from Josh Zeien. Moved by Beatty-Hansen, seconded by Betcher, to communicate to the requester that the City Council was not interested in changing trailer parking policies at this time. Vote on Motion: 5-0. Motion declared carried unanimously. Input on curbside recycling from Ames residents was the fourth item. Moved by Beatty-Hansen, seconded by Betcher, to take no action. Vote on Motion: 5-0. Motion declared carried unanimously. The fifth item was a memo from Building Official Sara Van Meeteren regarding rental housing code requests from Sam Brant. Moved by Betcher, seconded by Junck, to take no further action and provide the memo to the requester. Vote on Motion: 5-0. Motion declared carried unanimously. A request for revision to Ansley Subdivision Cedar Lane Agreement from Steve and Anne Burgason was the final item. Moved by Beatty-Hansen, seconded by Betcher, to refer the item to staff for a memo. Vote on Motion: 5-0. Motion declared carried unanimously. REPORT OF GOVERNING BODY: The Mayor Pro Tem and City Council Members provided highlights from their attendance at various board and commission meetings. COUNCIL COMMENTS: The Mayor Pro Tem and City Council Members reported on various events attended, upcoming meetings, community events, and items of interest. Mayor Pro Tem Rollins noted a concern from a resident regarding charges for the removal of a dangerous tree at 624 Duff Avenue. Moved by Rollins, seconded by Beatty-Hansen, to place the item on future agenda to discuss possible assistance for the homeowner and to review notification procedures for the process. Vote on Motion: 5-0. Motion declared carried unanimously. CLOSED SESSION: Mayor Pro Tem Rollins asked City Attorney Mark Lambert if there 23 11 was a legal reason to go into Closed Session. Attorney Lambert replied in the affirmative, citing Section 21.5(1)(c), Code of Iowa, to discuss matters presently in litigation or where litigation is imminent. Moved by Beatty-Hansen, seconded by Junck, to go into Closed Session at 9:09 p.m. Roll Call Vote: 5-0. Motion declared carried unanimously. The City Council reconvened in Regular Session at 9:29 p.m. Moved by Betcher, seconded by Gartin, to adopt RESOLUTION NO. 26-144 approving settlement agreement. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. ADJOURNMENT: Moved by Junck, seconded by Betcher, to adjourn the meeting at 9:30 p.m. Vote on Motion: 5-0. Motion declared carried unanimously. ______________________________ ______________________________ Taylor Swanson, Deputy City Clerk John A. Haila, Mayor ______________________________ Renee Hall, City Clerk 24 To:Mayor and City Council From:Taylor Swanson, Deputy City Clerk Date:March 24, 2026 Subject:Ownership Update for Class E Retail Alcohol License - Walgreens #12108, 2719 Grand Avenue Item No. 4 MEMO Please see the attached documentation for a motion approving Ownership Update for Class E Retail Alcohol License - Walgreens #12108, 2719 Grand Avenue. ATTACHMENT(S): Walgreens Ownership Amendment .pdf Administration 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 25 City of Ames Local Authority Review Ownership Amendment Business Information Legal Business Name: Walgreen Co Old Ownership Information • Brown, Bryan (owner) • Amsbary, Jr., Joseph (owner) • Brown, Tracey (owner) • Gates, Richard (owner) New Ownership Information • Gates, Richard (owner) • Lim, Paul (officer) • Motz, Michael (officer) • Handal, Michael (officer) Impacted Licenses LE0002156, Class E Retail Alcohol License, 2719 Grand Avenue Criminal History Has anyone listed on the Ownership page been charged or convicted of a felony offense in Iowa or any other state of the United States? NO Has anyone listed on the Ownership page been convicted of any violation of any state, county, city, federal or foreign law? For traffic violations, only include those that are drug or alcohol related. NO 26 To:Mayor & City Council From:Taylor Swanson, Deputy City Clerk Date:March 24, 2026 Subject:Temporary Outdoor Service for Class C Retail Alcohol License with Outdoor Service - Tip Top Lounge, 201 E Lincoln Way Item No. 5 MEMO Please see the attached documentation for a motion approving Temporary Outdoor Service for Class C Retail Alcohol License with Outdoor Service - Tip Top Lounge, 201 E Lincoln Way on: April 10 - April 13 and July 17 - July 19, 2026. ATTACHMENT(S): Tip Top - Temporary Outdoor Service.pdf Administration 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 27 City of Ames Local Authority Review Temporary Outdoor Service License Information Location Name: Tip Top Lounge Location Address: 201 E Lincoln Way License Number: LC0029665 Provided Description of the Outdoor Service Privilege alcohol service in fenced area of attached parking lot Requested Dates April 10, 2026, through April 13, 2026 July 17, 2026, through July 19, 2026 28 To:Mayor & City Council From:Taylor Swanson, Deputy City Clerk Date:March 24, 2026 Subject:Temporary Outdoor Service for Class C Retail Alcohol License - Cyclone Experience Network, 1800 S 4th Street (Jack Trice Stadium) Item No. 6 MEMO Please see the attached documentation for a motion approving Temporary Outdoor Service for Class C Retail Alcohol License - Cyclone Experience Network, 1800 S 4th Street (Jack Trice Stadium) for April 10-18, 2026. ATTACHMENT(S): Temporary Outdoor Service - Jack Trice Stadium.pdf Administration 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 29 City of Ames Local Authority Review Temporary Outdoor Service License Information Location Name: Cyclone Experience Network, Jack Trice Stadium Location Address: 1800 S. 4th Street License Number: LC0041935 Provided Description of the Outdoor Service Privilege “outdoor areas surrounding Jack Trice Stadium” Requested Dates April 10, 2026 through April 18, 2026 30 To:Mayor & City Council From:Taylor Swanson, Deputy City Clerk Date:March 24, 2026 Subject:New Class C Retail Alcohol License with Outdoor Service - The Dot, 127 Dotson Drive, Pending Dramshop Review Item No. 7 MEMO Please see attached documentation for a new Class C Retail Alcohol License with Outdoor Service - The Dot, 127 Dotson Drive. ATTACHMENT(S): The Dot - Application.pdf Administration 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 31 CLASS "C" RETAIL ALCOHOL LICENSE APPLICATION Business Information Name of Legal Entity: THE DOT CAFE LLC FEIN: XX-XXX3260 Business Type: Limited Liability Company This business is registered with the Secretary of State. Business Number of Secretary of State: 766080 Premises Information Premises DBA: THE DOT Premises Address: 127 DOTSON DRIVE AMES IA 50014 Premises Type: Restaurant Number of Floors: 1 Control of Premises: Lease Is your premises equipped with at least one adequate, conveniently located indoor or outdoor toilet facility for use by patrons? Yes Does your premises conform to all local and state health, fire and building laws and regulations? Yes Is your establishment equipped with tables and seats to accommodate a minimum of 25? Yes License Information Effective Date: 18-Mar-2026 Length of License Requested: 12MONTH Privilege(s) Requested Outdoor Service - Allows the selling/serving of alcoholic beverages by the license/permit in a designated, adjacent outdoor area. Provided description of the Outdoor Service Area: Attached patio 32 Ownership Information Endorsements Local Authority: City of Ames Dramshop Company: SOCIETY INSURANCE Criminal History Details Has anyone listed on the Ownership page been charged or convicted of a felony offense in Iowa or any other state of the United States? No Has anyone listed on the Ownership page been convicted of any violation of any state, county, city, federal or foreign law? For traffic violations, only include those that are drug or alcohol related. No Criminal Violations Contact Information Contact Name: SUSAN HOSHOR Phone Number: (515) 298-5426 Email Address: Susan.Hoshor@assuredpartners.com Address: 1416 BUCKEYE AVE STE 100 AMES IA 50010-8093 Attestation Information Attestation Name: DAWN BUDD Attestation Date: 18-Mar-2026 Type Name ID Type ID DOB Phone Address Percentage Individual BUDD, DAWN SSN ***-**-5581 18-Jul-196 6 1019 ROOSEVELT AVENUE AMES IA 50010 100.00 33 To:Mayor & City Council From:Taylor Swanson, Deputy City Clerk Date:March 24, 2026 Subject:New Class C Retail Alcohol License with Outdoor Service - Mary Jane's, 119 Main Street, Pending Dramshop Review Item No. 8 MEMO Please see attached documentation for a new Class C Retail Alcohol License with Outdoor Service - Mary Jane's, 119 Main Street, Pending Dramshop Review. ATTACHMENT(S): Mary Jane's Application.pdf Administration 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 34 CLASS "C" RETAIL ALCOHOL LICENSE APPLICATION Business Information Name of Legal Entity: MARY JANE'S FEIN: XX-XXX0702 Business Type: Limited Liability Company This business is not registered with the Secretary of State. Premises Information Premises DBA: MARY JANE'S Premises Address: 119 MAIN ST AMES IA 50010-6359 Premises Type: Bar/Tavern Number of Floors: 1 Control of Premises: Own Is your premises equipped with at least one adequate, conveniently located indoor or outdoor toilet facility for use by patrons? Yes Does your premises conform to all local and state health, fire and building laws and regulations? Yes Is your establishment equipped with tables and seats to accommodate a minimum of 25? Yes License Information Effective Date: 01-Apr-2026 Length of License Requested: 12MONTH Provided description of the Outdoor Service Area: We have a back patio. Patrons will purchase drinks inside, but can sit on the patio to drink. Privilege(s) Requested Outdoor Service - Allows the selling/serving of alcoholic beverages by the license/permit in a designated, adjacent outdoor area. 35 Ownership Information Endorsements Local Authority: City of Ames Dramshop Company: ILLINOIS CASUALTY CO Criminal History Details Has anyone listed on the Ownership page been charged or convicted of a felony offense in Iowa or any other state of the United States? No Has anyone listed on the Ownership page been convicted of any violation of any state, county, city, federal or foreign law? For traffic violations, only include those that are drug or alcohol related. No Criminal Violations Contact Information Contact Name: BRYON DUDLEY Phone Number: (515) 450-3472 Email Address: bryon.dudley@gmail.com Address: 322 24TH ST AMES IA 50010-4834 Type Name ID Type ID DOB Phone Address Percentage Individual DUDLEY, BRYON SSN ***-**-5562 04-Mar-19 69 (515) 450-3472 322 24TH ST AMES IA 50010-4834 20.00 Individual RUSSELL, TOM SSN ***-**-8951 16-Feb-19 57 (515) 268-1616 1206 MICHIGAN AVE AMES IA 50014-3952 20.00 Individual GORDON, THOMAS SSN ***-**-8680 17-Aug-19 84 (515) 441-0279 1326 DOUGLAS AVE AMES IA 50010-5438 20.00 Individual MUNDAY, JASON SSN ***-**-8454 10-Jul-198 4 (515) 450-3357 5103 SCHUBERT ST AMES IA 50014-7716 20.00 Individual BRUNA, GREG SSN ***-**-7628 29-May-1 967 (515) 708-0820 1008 WILSON AVE AMES IA 50010-6015 20.00 36 Attestation Information Attestation Name: BRYON DUDLEY Attestation Date: 11-Mar-2026 37 To:Mayor and City Council From:Taylor Swanson, Deputy City Clerk Date:March 24, 2026 Subject:New 5-Day (April 21-25, 2026) Special Class C Retail Alcohol License - Apres Bar Co, 520 6th Street Item No. 9 MEMO Please see the attached documentation for a motion approving new 5-Day (April 21-25, 2026) Special Class C Retail Alcohol License - Apres Bar Co, 520 6th Street. ATTACHMENT(S): Apres Bar Co. 04.21.26-04.25.26.pdf Administration 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 38 SPECIAL CLASS "C" RETAIL ALCOHOL LICENSE APPLICATION Business Information Name of Legal Entity: APRES BAR CO LLC FEIN: XX-XXX5156 Business Type: Limited Liability Company This business is registered with the Secretary of State. Business Number of Secretary of State: 660528 Premises Information Premises DBA: AMES CITY AUDITORIUM Premises Address: 520 6TH ST AMES IA 50010-6004 Premises Type: Convention Center/Hall Number of Floors: 1 Control of Premises: Other Other control description: Hired to provide bar service for an event Is your premises equipped with at least one adequate, conveniently located indoor or outdoor toilet facility for use by patrons? No Does your premises conform to all local and state health, fire and building laws and regulations? No Is your establishment equipped with tables and seats to accommodate a minimum of 25? No License Information Effective Date: 21-Apr-2026 Length of License Requested: 5DAY 39 Ownership Information Endorsements Local Authority: City of Ames Dramshop Company: ILLINOIS CASUALTY CO Criminal History Details Has anyone listed on the Ownership page been charged or convicted of a felony offense in Iowa or any other state of the United States? No Has anyone listed on the Ownership page been convicted of any violation of any state, county, city, federal or foreign law? For traffic violations, only include those that are drug or alcohol related. No Criminal Violations Contact Information Contact Name: JILLIAN HARRINGTON Phone Number: 5157890044 Email Address: admin@apresbarco.com Address: 1460 NE 69TH PL ANKENY IA 50021-8934 Attestation Information Attestation Name: JILLIAN HARRINGTON Attestation Date: 02-Mar-2026 Type Name ID Type ID DOB Phone Address Percentage Individual HARRINGTO N, JILLIAN SSN ***-**-4583 21-Aug-19 90 1460 NORTHEAST 69TH PLACE ANKENY IA 50021 100.00 40 To:Mayor and City Council From:Taylor Swanson, Deputy City Clerk Date:March 24, 2026 Subject:New 5-Day (April 21-25, 2026) Special Class C Retail Alcohol License - Apres Bar Co, 1930 E 13th Street Item No. 10 MEMO Please see the attached documentation for a motion approving new 5-Day (April 21-25, 2026) Special Class C Retail Alcohol License - Apres Bar Co, 1930 E 13th Street. ATTACHMENT(S): Apres Bar Co. 04.21.26-04.25.26 (Zylstra).pdf Administration 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 41 SPECIAL CLASS "C" RETAIL ALCOHOL LICENSE APPLICATION Business Information Name of Legal Entity: APRES BAR CO LLC FEIN: XX-XXX5156 Business Type: Limited Liability Company This business is registered with the Secretary of State. Business Number of Secretary of State: 660528 Premises Information Premises DBA: ZYLSTRA Premises Address: 1930 E 13TH ST AMES IA 50010-5627 Premises Type: Special Event Number of Floors: 1 Control of Premises: Other Other control description: Hired to provide bar service for an event Is your premises equipped with at least one adequate, conveniently located indoor or outdoor toilet facility for use by patrons? Yes Does your premises conform to all local and state health, fire and building laws and regulations? Yes Is your establishment equipped with tables and seats to accommodate a minimum of 25? Yes License Information Effective Date: 21-Apr-2026 Length of License Requested: 5DAY 42 Ownership Information Endorsements Local Authority: City of Ames Dramshop Company: ILLINOIS CASUALTY CO Criminal History Details Has anyone listed on the Ownership page been charged or convicted of a felony offense in Iowa or any other state of the United States? No Has anyone listed on the Ownership page been convicted of any violation of any state, county, city, federal or foreign law? For traffic violations, only include those that are drug or alcohol related. No Criminal Violations Contact Information Contact Name: JILLIAN HARRINGTON Phone Number: 5157890044 Email Address: admin@apresbarco.com Address: 1460 NE 69TH PL ANKENY IA 50021-8934 Attestation Information Attestation Name: JILLIAN HARRINGTON Attestation Date: 06-Mar-2026 Type Name ID Type ID DOB Phone Address Percentage Individual HARRINGTO N, JILLIAN SSN ***-**-4583 21-Aug-19 90 1460 NORTHEAST 69TH PLACE ANKENY IA 50021 100.00 43 To:Mayor John Haila and Ames City Council Members From:Major Jason Tuttle, Ames Police Department Date:March 24, 2026 Subject:Alcohol License Renewals Item No. 11 MEMO The following licenses are eligible for renewal: a. Casey's #4472, 3406 Lincoln Way, Class E Retail Alcohol License b. Cinemark Movies 12, 1317 Buckeye Avenue, Class C Retail Alcohol License c. Cornbred BBQ, 526 Main Street Ste 106, Class C Retail Alcohol License with Catering Privilege and Outdoor Service d. Dangerous Curves, 111 5th Street, Class C Retail Alcohol License e. World Liquor & Tobacco + Vapors, 111 Duff Avenue, Class E Retail Alcohol License A review of police records for the past 12 months found no liquor law violations for Casey’s #4472, Cinemark Movies 12, Cornbred BBQ, or Dangerous Curves. The Police Department recommends the license renewal for these businesses. A review of police records for World Liquor & Tobacco + Vapors for the last 12 months found one citation for providing alcohol to a person underage. Officers will continue to monitor the location for liquor law violations and offer ID training for staff members. The Police Department recommends renewal of this license. Police 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 44 To:Mayor & City Council From:Renee Hall, City CLerk Date:March 24, 2026 Subject:Fireworks Permit for Luke Combs Concert at Jack Trice Stadium Item No. 12 MEMO Please see attached documentation for a motion approving request for Pyrotechnic Display during the Luke Combs Concert at Jack Trice Stadium on April 11, 2026 ATTACHMENT(S): ISU Pyrotechnics Application - Luke Combs Concert 4.11.26.pdf Administration 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 To:Mayor and City Council From:Keith Abraham, Parks and Recreation Director Date:March 24, 2026 Subject:Fitch Family Indoor Aquatic Center Monthly Update Item No. 13 MEMO PROJECT UPDATE: In accordance with a previous directive, staff is required to keep the City Council informed of the construction status of the Fitch Family Indoor Aquatic Center (FFIAC) and will provide a written update at Council's second meeting of each month. Additionally, staff, along with representatives from Story Construction and RDG Planning and Design, will provide an in-person update once per quarter (January, April, July, & October). If anything occurs during the project that requires Council action, staff will present this in a timely manner. In accordance with this directive, the City's Construction Manager for the project, Story Construction, has provided a Project Status Update (Attachment A). There are several updated for City Council regarding the project. Precast Concrete Panels Three stain colors have been selected and applied to the mockup panel. Details regarding this item are being presented in a separate Council Action Form on the March 24 City Council Agenda. Polished Concrete Floors The work to grind the lobby and hallway floors to a Class C finish has been completed. The finished product in most of the areas look good but some inconsistencies remain. Staff is not recommending any additional work to these floors. Heated Sidewalk Staff was notified on March 18 that the heated sidewalk in front of the main entrance is not working. Story Construction is working with contractors to Parks and Recreation 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 74 determine a fix which may include removing the concrete and redoing this work. The heated sidewalk was included due the north facing entrance and the potential of snow/ice buildup during the winter months. Substantial Completion Dates The building has been substantially completed and contractors are working on addressing punch list items. A temporary Certificate of Occupancy has been issued, and staff is moving in equipment and supplies to get the facility ready for opening. Staff training is also occurring at this time. Please note that the glazing for the southeast portion of the natatorium has a long lead time and will need to be installed in early to mid April. Efforts to expedite the procurement of the glazing were unsuccessful. Temporary tempered glass was installed in this area at no cost to the City. The temporary glass will be replaced when the correct glass panels arrive. State Inspection The state inspection regarding all components related to the operation of the aquatic areas occurred on March 3 with a follow-up inspection done on March 6. There are a couple of items that are still outstanding; however, the City did receive licenses for each basin, and they are eligible to be opened for use. Soil and Ground Water Contamination No contaminated soils or groundwater has been found to date. CHANGE ORDER SUMMARY: There were 13 change orders since the last report, and the changes thus far on the project are shown on the change order log (Attachment B). The attachment includes a 14th change order for Lansink Construction, which is detailed in a separate Council Action Form since it requires City Council approval. Polished Concrete Floors - $22,000. Staff directed the contractor to grind the polished concrete floors to a Class C finish. Of the total approximate cost of $34,000, the City will pay $20,000 as Story Construction is providing the City a $2,000 credit, and the contractor is responsible for the remaining cost. Mechanical Equipment Relocation in Maintenance Area - $7,885. This is for concrete associated work related to the relocation of equipment within the Maintenance area. Folding Seats and Sanitary Dispensers - $3,329. Staff desired different seats and dispensers in the locker rooms and restrooms. Stainless Steel Railing at the Water Slide - $10,732. The railing was installed per City Inspections. Temporary Glazing - $3,870. The temporary enclosure was removed so the Parks and Recreation 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 75 contractor could install framing for the glass. Since there is a ten-week lead time, temporary glass was installed. The contractor responsible for the delay that caused this issue is providing a credit to the City to offset this cost. Additionally, Story Construction is paying $3,870 to the contractor as the total cost of this glazing was $7,740. Emergency Stops Added - $269. Staff asked for two additional emergency stops for the play structure and the current channel to be added in the lifeguard room. Temporary Glazing Credit & SS Railing at Water Slide - ($3,685). This reflects the credit for the aforementioned glazing and some work for the stainless-steel railing at the water slide. Mechanical Equipment Relocation in Maintenance Area - $44,749. This change order was approved by City Council at its March 10, 2026 meeting. Boiler E-Stop and Carbon Monoxide Detectors - $404. These items were added per City Inspections. AV Media Player Touch Pads Antenna & Mic - $15,144. Staff added this equipment to enhance programming in the natatorium. Aquatic Storage HVAC & Boiler Breaker Voltage - $8,348. Changes were made as staff had concerns regarding air flow in the aquatic storage rooms. Distributed Antenna System (DAS) Credit and Combo Starter NEMA 4 - ($2,142). City IT staff indicated the DAS is not needed due to other systems in place and a credit was issued. Microwave Circuit and Flood Prevention Valve Alert - $1,524. These were added per staff direction. Maintenance Area, Water Slide Railing, Boiler E-Stops, Misc. - $7,233. These are electrical portions of previously described change orders. To date, construction change orders for the project total $526,122, or 25.05% of the contingency budget. The contingency for this project is $2.1 million with a current balance of $1,573,878. There is also $1 million set aside for mitigation of contamination issues, which has not been used at this time. ATTACHMENT(S): Attachment A - Story Construction Monthly Project Status Update 2026-3.pdf Attachment B - Change Order Log - 3-24-26.pdf Parks and Recreation 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 76 Fitch Family Indoor Aquatic Center Monthly Project Status Report March 2026 *Natatorium: Wellness, Recreation and Lap Pools *Non-Natatorium: All supporting rooms outside of the Natatorium including Mechanical, Loading, Locker Rooms, Offices, Main Lobby & Check-In, and the Alternate Walk Path PROJECT PROGRESS: 1. The State Pool Inspection was held at the beginning of March. The inspector complimented the facility design and construction and provided feedback on a handful of action items for the project team. Those items included two variances: one for the wall inlet layout for the Lap Pool, of which two inlets deviate slightly from specified layout - the other for a floor inlet in the Rec Pool, of which one of ten inlets is missing. The inspector believes the pools’ optimal circulation and turnover rates should still be acceptable. For record verification, Water’s Edge Aquatic Design will produce a water flow modeling report and file this information via a waiver request form with the state. The pool registration was granted to the City on March 6, 2026. 2. The City of Ames Inspection Division held inspections at the beginning of March. A temporary Certificate of Occupancy was granted for the facility. Exceptions to this certificate include the completion of the southwest bioretention cell which is currently fenced off and will be installed as soon as weather allows. The temporary tempered glass in the southwest corner of the Natatorium will be replaced with the final “fritted design” glass to match the southeast corner of the building. 3. Parks & Recreation started lifeguard certification training in the facility. 4. Punch lists were completed for the building. Contractors are actively engaged in their punch list items and continue to work on various in-progress change orders. 5. The Sitework punch list is outstanding until the southwest biocell is completed. The project team recently revisited an item on the site demolition drawing sheet for an existing monitoring well. The drawings included a note to “protect” the monitoring well. The design intent was to protect and, in addition, maintain and keep the monitoring well for future monitoring use. The well has since been covered by the parking lot grading and paving and is inaccessible. 6. The low voltage wiring contractor continues their work on the Security Management System and Audio-Visual scopes and anticipates hosting Owner training at the end of this month. 7. Owner Trainings will continue as Parks & Recreation begins using the facility. 8. The Lobby desk and the City’s furniture was installed. 9. The HVAC Commissioning meeting and reporting continues. 10. Exterior architectural metals were completed. Page 1 of 5 77 11. All mechanical equipment was started up except for one condensing unit which is warm weather dependent. 12. Building Envelope Consult inspection reporting will be resolved over the next month. 13. Story Construction will continue to facilitate the closeout documentation process with the City. PROJECT PHOTOS: [Next page] Page 2 of 5 78 Progress Description Taken Date 03/16/2026 at 02:45 pm Upload Date 03/17/2026 at 11:23 am Uploaded By Deb Thurmond Name 20260316_144535.jpg Progress Description Taken Date 03/16/2026 at 02:44 pm Upload Date 03/17/2026 at 11:23 am Uploaded By Deb Thurmond Name 20260316_144458.jpg Story Construction Co. Printed on Tue Mar 17, 2026 at 11:24 am CDT Job #: 23401-01 Fitch Family Indoor Aquatic Center 115 N Elm Avenue Ames, Iowa 50010 DONOR WALL INSTALL IN PROGRESS PORTION OF WALK TRACK WITH OWNER FURNITURE Page 3 of 5 79 Aerial Photos Description Taken Date 03/16/2026 at 02:12 pm Upload Date 03/16/2026 at 02:41 pm Uploaded By Mitch Anderson Name DJI_0887.JPG Aerial Photos Description Taken Date 03/16/2026 at 02:12 pm Upload Date 03/16/2026 at 02:41 pm Uploaded By Mitch Anderson Name DJI_0886.JPG Story Construction Co. Printed on Tue Mar 17, 2026 at 11:16 am CDT Job #: 23401-01 Fitch Family Indoor Aquatic Center 115 N Elm Avenue Ames, Iowa 50010 LAP POOL AND NORTH WALL ELEVATION LAP, REC POOL AND REC POOL PLAY STRUCTURE Page 4 of 5 80 Aerial Photos Description Taken Date 03/16/2026 at 02:15 pm Upload Date 03/16/2026 at 02:41 pm Uploaded By Mitch Anderson Name DJI_0893.JPG Story Construction Co. Printed on Tue Mar 17, 2026 at 11:16 am CDT Job #: 23401-01 Fitch Family Indoor Aquatic Center 115 N Elm Avenue Ames, Iowa 50010 LAP POOL VIEW TO SOUTHEAST Page 5 of 5 81 Contractor Change Order #Description Amount Balance Beginning Contingency Balance $ 2,100,000 All Star Concrete 1 Precast Enbeds Install Change Contracts $ 10,010 $ 2,089,990 All Star Concrete 2 Increase Concrete Thickness in Maintenance Area $ 7,029 $ 2,082,961 All Star Concrete 3 Polished Concrete Floors $ 22,000 $ 2,060,961 All Star Concrete 4 Mechanical Equipment Relocation in Maintenance Area $ 7,885 $ 2,053,076 Core Construction 1 IDPH Permit Review, Precast Panel Joint Mods, Mechanical Louver Mods, Steel Lintel, Precast Enbeds Install Change Contracts $ 22,065 $ 2,031,011 Core Construction 2 Misc. Structural Revisions & South Elevation Glazing Revised $ 3,979 $ 2,027,032 Core Construction 3 Geared Trolley and Hoist $ (2,952) $ 2,029,984 Core Construction 4 Sink Countertop Brackets $ (1,203) $ 2,031,187 Core Construction 5 Channel Support $ 3,739 $ 2,027,448 Core Construction 6 Hoist Beam End Stop $ 1,356 $ 2,026,092 Forrest & Associates 1 Channel Support $ 1,163 $ 2,024,929 Lansink Construction 1 Wet Room Door Change, Multipurpose Room Cubbies $ 42,129 $ 1,982,800 Lansink Construction 2 Door 115A Change to FRP $ 2,858 $ 1,979,942 Lansink Construction 3 Interior Finishes $ 3,021 $ 1,976,921 Lansink Construction 4 Check-In Standing Desk $ 3,995 $ 1,972,926 Lansink Construction 5 Sink Countertop Brackets $ 1,639 $ 1,971,287 Lansink Construction 6 Wood Blocking $ 752 $ 1,970,535 Lansink Construction 7 Waterproof Exterior - Aquatic Mechanical $ 1,167 $ 1,969,368 Lansink Construction 8 Converting Room 108 Shower to a Roll In Shower $ 2,653 $ 1,966,715 Lansink Construction 9 Donor Wall $ 33,224 $ 1,933,491 Lansink Construction 10 Additional Changing Room Tile $ 2,597 $ 1,930,894 Lansink Construction 11 Roller Shade Add in Aquatic Manager Office $ 1,103 $ 1,929,791 Lansink Construction 12 Folding Seats & Sanitary Dispensers $ 3,329 $ 1,926,462 Lansink Construction 13 Stainless Steel Railing at the Water Slide $ 10,732 $ 1,915,730 Central States Roofing 1 IDPH Permit Review, Mechanical Louver Mods $ 1,647 $ 1,914,083 Central States Roofing 2 Roofing Over Hollow Core $ 5,116 $ 1,908,967 Orning Glass Company 1 Wet Room Door Changes $ (3,823) $ 1,912,790 Orning Glass Company 2 Window Frit Revisions $ 1,743 $ 1,911,047 Orning Glass Company 3 Auto Door Operators $ 9,757 $ 1,901,290 Orning Glass Company 4 Entry Way Column Metal Wrap $ 438 $ 1,900,852 Orning Glass Company 5 Temporary Glazing $ 3,870 $ 1,896,982 Hilsabek Schacht 1 Wet Room Door Change $ - $ 1,896,982 Hilsabek Schacht 2 Door 115A Change to FRP $ - $ 1,896,982 Hilsabek Schacht 3 Donor Wall Drywall $ 3,557 $ 1,893,425 Hilsabek Schacht 4 Site Signage $ (350) $ 1,893,775 Hilsabek Schacht 5 Precast Pocket Covers $ 2,598 $ 1,891,177 Hilsabek Schacht 6 Omit Painting - Mechanical Rooms $ (3,280) $ 1,894,457 Hilsabek Schacht 7 Close Off Top Of South Wellness Precast $ 3,808 $ 1,890,649 Hilsabek Schacht 8 Wellness Precast Vertical Joints & Frame Top of Masonry $ 3,656 $ 1,886,993 Hilsabek Schacht 9 Curtain Wall 12 & Metal Panels $ 599 $ 1,886,394 Hilsabek Schacht 10 AV Media Player Touch Pads Antenna & Mic $ 1,212 $ 1,885,182 Sande Construction 1 IDPH Permit Review Updates $ 1,370 $ 1,883,812 Sande Construction 2 CO2 Tank Distribution Piping $ 2,692 $ 1,881,120 Sande Construction 3 Sump Pump Rail System and Backwash Pit Grate $ 4,744 $ 1,876,376 Sande Construction 4 Emergency Stops Added $ 269 $ 1,876,107 Sande Construction 5 Temporary Glazing Credit & SS Railing at Water Slide $ (3,685) $ 1,879,792 Midwest Fire Sprinkler 1 Omit Sprinkler Heads at Main Entry Exterior $ (700) $ 1,880,492 Brockway Mechanical 1 Hydronic Pumps Flow Update $ (2,320) $ 1,882,812 Brockway Mechanical 2 IDPH Permit Review Updates, 6" Storm Drain Relocation, Mechanical Louver Mods, Glycol Feed Dual Pump $ 38,702 $ 1,844,110 Brockway Mechanical 3 State Requirements $ 12,033 $ 1,832,077 Brockway Mechanical 4 Pool Trench Drain Float Alarm $ 2,318 $ 1,829,759 Brockway Mechanical 5 Converting Room 108 Shower to a Roll In Shower $ 7,180 $ 1,822,579 Brockway Mechanical 6 Aquatic Storage Rooms HVAC $ 6,626 $ 1,815,953 Brockway Mechanical 7 Aquatic Storage Rooms Piping Insulation $ 1,141 $ 1,814,812 Brockway Mechanical 8 Mechanical Equipment Relocation in Maintenance Area $ 44,749 $ 1,770,063 Brockway Mechanical 9 Boiler E-Stop & Carbon Monoxide Detectors $ 404 $ 1,769,659 Van Maanen Electric 1 IDPH Permit Review Updates $ 21,953 $ 1,747,706 Van Maanen Electric 2 Transformer Relocate $ 14,237 $ 1,733,469 Van Maanen Electric 3 Light Fixture SWA Dimming $ 4,679 $ 1,728,790 Van Maanen Electric 4 Exterior Signage Lighting Controls $ 1,007 $ 1,727,783 Van Maanen Electric 5 Pool Trench Drain Float Alarm $ 1,356 $ 1,726,427 Van Maanen Electric 6 Wiring Auto Door Operators in Corridor 108 $ 959 $ 1,725,468 Van Maanen Electric 7 ICN Connection $ 9,040 $ 1,716,428 Van Maanen Electric 8 New Light Fixture for Vestibule & Exterior $ 2,411 $ 1,714,017 Van Maanen Electric 9 Change TV Mounting Heights $ 1,049 $ 1,712,968 Van Maanen Electric 10 Redo Conduit in Thickened Slab in Maintenance Area $ 483 $ 1,712,485 Van Maanen Electric 11 AV Media Player Touch Pads Antenna & Mic $ 15,144 $ 1,697,341 Van Maanen Electric 12 Aquatic Storage HVAC & Boiler Breaker Voltage $ 8,348 $ 1,688,993 Van Maanen Electric 13 Distributed Antenna System Credit and Combo Starter NEMA 4 $ (2,412) $ 1,691,405 Van Maanen Electric 14 Microwave Circuit & Flood Prevention Valve Alert $ 1,524 $ 1,689,881 Van Maanen Electric 15 Maintenance Area, Water Slide Railing, Boiler E-Stops, Misc. $ 7,233 $ 1,682,648 Con-Struct 1 Water Service Disconnect $ 7,747 $ 1,674,901 Con-Struct 2 Building Rubble Removal $ 45,419 $ 1,629,482 Con-Struct 3 Planting Revisions $ (737) $ 1,630,219 Con-Struct 4 Curb Strip Restoration $ 9,702 $ 1,620,517 Con-Struct 5 Southeast Planting Revisions & Dormant Seed Matting $ 2,575 $ 1,617,942 Iowa Pipe & Grading 1 Storm & Existing Water Utility Conflict & Sanitary Tie in at N. 2nd Ave $ 14,518 $ 1,603,424 Lakeside 1 Site Signage $ 2,120 $ 1,601,304 Lakeside 2 CyRide Concrete Pad $ 296 $ 1,601,008 Lakeside 3 Replace Curb & Gutter on Oak Avenue $ 27,130 $ 1,573,878 Totals / Current Balance $ 526,122 $ 1,573,878 FITCH FAMILY INDOOR AQUATIC CENTER CHANGE ORDER LOG (As of 2/24/26) Highlighted Rows Indicate New Change Orders Since the Last Update 82 ITEM #:14 DATE:03-24-26 DEPT:ADMIN SUBJECT:REQUESTS FOR CAMPUSTOWN SHOWDOWN COUNCIL ACTION FORM BACKGROUND: The Grand Drives, LLC is requesting to hold its second annual cattle show in Campustown on Sunday, April 26, 2025. Event organizers have held the same model of annual event in Manhattan, Kansas since 2021. The purpose of the show is to celebrate American beef producers, while advancing exhibitors’ and the public’s knowledge about the livestock industry. The event consists of activities in two areas: 1) a cattle show will take place in the Hansen Agricultural Student Learning Center, and 2) a grand drive (a show of selected cattle in different categories) will occur on the 200-block of Welch Avenue in Campustown. For the grand drive, a portion of the street will be used for vendors, a stage featuring live music and a fashion show, and the show arena. An area of Welch Avenue south of Hunt Street will be used for loading and unloading cattle from the trailers that transport them to and from the Hansen Center. Only six animals will be in the show arena at a time. The event is scheduled to begin at 6:30 p.m. and conclude by 11:00 p.m., with clean-up complete by 11:45 p.m. Organizers indicated that carpeting will be placed on the street in the show arena. Once the show concludes, the carpeting will be rolled up and transported offsite for cleanup. The applicant is requesting closure of Welch Avenue from approximately 100 feet south of Chamberlain Street to Knapp Street, and Hunt Street from Chamberlain Place to Welch Avenue, between 11 a.m. and 11:45 p.m. on April 25, 2026. Local traffic will be facilitated into and out of the route that is closed for trailering the animals at times when loading and unloading are not actively occurring. The event requires the closure of 30 parking meters which results in an estimated loss to the Parking Fund of $150. Applicants are also requesting a blanket Vending License ($50). The applicant will be required to pay for these costs. PUBLIC OUTREACH: The event has received a letter of support from the Ames Regional Economic Alliance. Event organizers indicated that they will send emails, as well as provide information door-to-door to affected businesses regarding the event plans. ALTERNATIVES: 1. Approve the requests for the Campustown Showdown as described above. 2. Do not approve the requests. 83 CITY MANAGER'S RECOMMENDED ACTION: The Campustown Showdown provides an opportunity to attract visitors to the Campustown District for a unique experience. The events include a cattle show, fashion show, live music, and local vendors. The applicant has provided all necessary documentation supporting their requests. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. ATTACHMENT(S): LOS Campustown Showdown Event .pdf Campustown Showdown Application Site Map - Campustown Showdown.pdf 84 January 26, 2026 John Haila, Mayor City of Ames 515 Clark Avenue Ames, IA 50010 RE: Campustown Showdown Event Permit Request Mayor Haila, I am writing to express my enthusiastic support for The Grand Drives, LLC's Campustown Showdown event scheduled for Friday, April 24th to Saturday, April 25th, 2026. I believe that this unique event will bring immense value to our community and contribute to the vibrant atmosphere of Campustown. The proposed event, set to take place on the streets of Campustown, particularly the 200 block of Welch Avenue and Hunt Street between Chamberlain Place and Welch Ave, promises to be an exciting and engaging experience for residents and visitors alike. The planned activities, such as the Cattle Show (Grand March), Fashion Show, Vendors, Beer Garden, and Music, showcase a diverse range of attractions that will undoubtedly appeal to a broad audience. One aspect that stands out is the effort to educate the community on agriculture. The inclusion of educational components aligns with our city's commitment to fostering awareness and understanding of various industries, and it reflects positively on the organizers' dedication to providing a well-rounded experience for attendees. Furthermore, I appreciate The Grand Drives, LLC's decision to extend the event's impact beyond the streets of Campustown by hosting related events at the Hansen Ag Center on the day before and after the Campustown Showdown. This demonstrates a comprehensive and thoughtful approach to community engagement and involvement. The Campustown Showdown has the potential to showcase our city in a positive light, attract visitors, and enhance the overall quality of life for residents. I respectfully request 85 that you grant the necessary event permit for the Campustown Showdown, and I look forward to witnessing the positive impact it will have on our community. Thank you for your time and consideration. Sincerely, Dan A. Culhane President & CEO dan@amesalliance.com (515) 232-2310 86 Special Event Application Submitted on 5 February 2026, 12:43PM Receipt number 4 Related form version 2 Name Christian Calliham Organization The Grand Drives, LLC Email Address christianc@thegranddrives.com Phone Number 785-443-1569 Street Address 1121 Zeandale Rd City/State/Zip Manhattan, KS 66502 Item 1 Name Celine Beggs-Shoemaker Email Address celines@thegranddrives.com Phone Number 641-344-8209 Item 2 Name Email Address Phone Number Event Organizer Information Additional Responsible Parties Event Name Campustown Showdown Date 04/25/2026 If your event is more than one day, please specify date range. Location/Address Welch Ave - Chamberlain St. to Knapp St. Event Details 1 of 6 87 Rain Date (if applicable)04/25/2026 Rain Location (if applicable)Hansen Ag Center (Iowa State) Upload the event site plan here:Campustown Showdown - 2026 Special Event Site Map .docx.pdf Is this an annual event?Yes How many years?2 Region Campustown District Upload your letter of support from CAA here.LoS Campustown Showdown Event Permit 012626.pdf Upload your letter of support from ISU here. Upload your letter of support from Ames Main Street here. Please explain: Timeline Setup will begin at 11 a.m. with the event starting at 6:30 p.m. The event will end around 11 p.m. and teardown will conclude at 11:45 p.m. Description of Event Activities Grand drive event for national cattle show. The grand drive, selection of champion market and breeding heifers, will occur within a confined area and created by a temporary panel/gate system. Additionally, live music and a fashion show will take place on a stage near the paneled arena. Event Category Festival/Celebration Parade/Procession/March Is the event open to the public?Yes Anticipated Daily Attendance 800 Audience Profile The general public as an opportunity to educate them about the cattle industry. Is your event being held in conjunction with another event? (e.g. Farmers' Market, 4th of July etc.) Yes Please list.The rest of the show will take place at the Hansen Ag Center Organization Status For-Profit Are patron admission, entry, or paricipant fees required?No Percentage of net proceeds going towards fundraising: Percentage of net proceeds going towards for-profit entity: Are vendor or other fees required?Yes 2 of 6 88 Special Event Site Plan Campustown Showdown – Cattle Show April 25, 2026 Welch Avenue between Hunt Street and Campustown Lot T will be open to the public during the event. This includes the area in front of the Blue Owl Bar and Welch Avenue Station. Hunt Street from Chamberlain Pl. to Welch Avenue will be used for trailer traffic only. Vendors will be lined next to the curb on both the east and west side of Welch Ave., with dedicated 10’ X 10’ spaces. Campustown Staff will ensure 20’ space between vendors will allow for emergency vehicles if necessary. Trailers will unload at the corner of Hunt St. and Welch Ave. and then staged at the parking meters on Welch Ave., south of the business district area. Cattle will be shuttled from the Hansen Center to Campustown one division at a time. This means only the top six animals of one species will be in the show arena at a time. (See Map on Page 2.) 89 Special Event Site Plan Campustown Showdown – Cattle Show April 25, 2026 90 ITEM #:15 DATE:03-24-26 DEPT:ADMIN SUBJECT:REQUESTS FROM AMES REGIONAL ECONOMIC ALLIANCE FOR TASTE OF CAMPUSTOWN ON AUGUST 27, 2026 COUNCIL ACTION FORM BACKGROUND: Ames Regional Economic Alliance (AREA) is planning to host Taste of Campustown Thursday, August 27, from 4:00 p.m. to 8:00 p.m. Taste of Campustown is a food-focused community event celebrating the diverse restaurants located in the Campustown Business District. The event invites attendees to sample menu items from participating businesses at an affordable price while encouraging foot traffic, brand awareness, and repeat visits to Campustown establishments. Attendees will purchase tickets at one of two ticket booths within the Campustown Business District for $1 each. Tickets can be redeemed at the bars and restaurants for sample size offerings of their most popular food items (samples of food items only, not alcoholic beverages). Businesses will be encouraged to set up booths outside their establishments on the sidewalk with their food samples. In order to facilitate this event, AREA has requested approval for the following: Blanket Temporary Obstruction Permit for the Campustown Business District from 12:00 p.m. to 10:00 p.m. Blanket Vending License for the Campustown Business District from 4:00 p.m. to 8:00 p.m. and waiver of fee ($50 loss to City Clerk’s Office) ALTERNATIVES: 1. Approve the requests for Taste of Campustown, including the waiver of the $50 fee for blanket Vending License. 2. Approve the requests for Taste of Campustown but require reimbursement for the blanket Vending License. 3. Deny the requests. CITY MANAGER'S RECOMMENDED ACTION: Taste of Campustown adds vitality to Campustown by encouraging repeat visits to Campustown establishments and increasing foot traffic in the area, benefitting businesses in the area. The event organizers have experience in hosting many other events throughout the year. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): 08.27 Taste of Campustown LOS.pdf Taste of Campustown Application 2026.pdf Taste of Campustown Location Map 2026.pdf 91 February 17, 2026 Mayor and City Council City of Ames 515 Clark Ave Ames, IA 50010 Dear Mayor Haila and Members of the Ames City Council, The Ames Regional Economic Alliance plans to host Taste of Campustown, located within the Campustown Business District, on August 27, 2026 from 4:00pm-8:00pm. SpecifIc information about the event can be found on the included Special Event Application, where we request a temporary obstruction permit, and a waiver of fees for the Blanket Vendor Permit. Thank you for your consideration of this request. We look forward to seeing you at the upcoming Campustown Fall Classic. Sincerely, Dan Culhane, CEcD, CCE President & CEO Ames Regional Economic Alliance 92 Special Event Application Submitted on 17 February 2026, 3:56PM Receipt number 9 Related form version 3 Name Sarah Hurley Organization Ames Regional Economic Alliance Email Address sarah@amesalliance.com Phone Number 5152322310 Street Address 304 Main St City/State/Zip Ames Event Organizer Information Event Name 2026 Taste of Campustown Date 08/27/2026 If your event is more than one day, please specify date range. Location/Address Campustown Business District Rain Date (if applicable) Rain Location (if applicable) Upload the event site plan here:Taste of Campustown Location proposal 2026.pdf Is this an annual event?No How many years? Region Campustown District Upload your letter of support from AREA here.08.27 Taste of Campustown LOS.pdf Upload your letter of support from ISU here. Event Details 1 of 5 93 Upload your letter of support from Ames Main Street here. Please explain: Timeline 12:00pm - set up of booths 4:00pm - event starts 8:00pm - event ends 10:00pm - tear down complete Description of Event Activities Taste of Campustown is a food-focused community event celebrating the diverse restaurants and eateries located in the Campustown Business District of Ames, Iowa. The event invites attendees to sample menu items from participating businesses at an affordable price while encouraging foot traffic, brand awareness, and repeat visits to Campustown establishments. Attendees will purchase tickets at one of two ticket booths within the Campustown Business District for $1/each and will be sold in strips of 5. Tickets can be redeemed at X of the bars and restaurants for sample size offerings of their most popular offerings. Pricing of the samples varies between businesses. This is the perfect opportunity for everyone to see what Campustown eateries have to offer! How do I participate? Businesses are encouraged to set up outside of their establishment sell samples of their top food items for $1-$5 a piece via tickets, sold by the Ames Regional Economic Alliance at stations throughout the Campustown Business District, as well as before the event. This event is an alcohol free event. Thank you in advance for understanding. We encourage businesses to run specials this evening if they are interested in selling alcohol within their establishment. Event Category Exhibits/Misc. Is the event open to the public?Yes Anticipated Daily Attendance 500 Audience Profile Everyone and anyone Is your event being held in conjunction with another event? (e.g. Farmers' Market, 4th of July etc.) No Please list. Organization Status Nonprofit Are patron admission, entry, or paricipant fees required?Yes Percentage of net proceeds going towards fundraising:10 Percentage of net proceeds going towards for-profit entity:90 Are vendor or other fees required?No Who will be responsible for security during the event? Check all that apply. Staff Security Organization Security & Communication 2 of 5 94 Taste of Campustown proposal 2026 Legend Ticket Sales Tents 1.Corner of Welch and Chamberlain (Campustown Court) Rain location: Welch Ave Station 2.Inside Roni’s Mac Bar 3.Corner of West St and Hyland, Rain Location: West Street Deli Obstruction permit zone 95 ITEM #:16 DATE:03-24-26 DEPT:ADMIN SUBJECT:EXCEPTION TO SECTION 22.32(C)(2)(V) TO ALLOW ALCOHOL SERVICE IN SIDEWALK CAFE AT DELLA VITI, 323 MAIN STREET, SUITE 102 COUNCIL ACTION FORM BACKGROUND: In 2017, the City Council adopted new regulations regarding Sidewalk Cafés. These regulations allow for alcohol service in certain circumstances. Establishments that, under Section 17.16 of Municipal Code, may allow minors on the premises, are permitted to serve alcohol at their sidewalk cafés without prior special approval. These applications are approved by staff as long as the applicant obtains the appropriate Outdoor Service Privilege for its license. Establishments that are not allowed to have minors on the premises under Section 17.16 of Municipal Code must request approval from the City Council to serve alcohol at their Sidewalk Cafés. Della Viti (323 Main Street) annually requests to implement a Sidewalk Café and serve alcohol at it. This establishment has received City Council approval to operate a Sidewalk Café with alcohol sales since the 2017 season. Della Viti has a Class C Liquor License and, because a majority of its sales come from selling alcoholic beverages, may not have minors on the premises according to Section 17.16 of Municipal Code. Therefore, approval from the City Council is required to allow alcohol service at its proposed Sidewalk Café. The Sidewalk Café regulations call for the City Council to consider requests from establishments in Della Viti’s situation on a case-by-case basis. The Code specifies that the City Council shall consider the following factors when presented with a request: 1. Site Conditions - Della Viti's proposed site is open and unobstructed by existing street furniture, utility access, or other equipment. The proposed Sidewalk Café will utilize four tables and will take up five and a half feet of the 13-foot sidewalk. There is a large window in the front of the establishment that will allow staff to monitor the entire sidewalk cafe from inside the building. Della Viti has indicated a staff person will be dedicated to monitoring the sidewalk cafe. 2. Compliance History/Staff Training - A review of Police records indicates no liquor or nuisance violations in the past at Della Viti. The applicant has stated that in-house training continues to be conducted with staff when they are hired, which includes ID checking. Additionally, it is a policy to take IDs from every patron who enters the premises in exchange for a card which operates the wine-dispensing system. 3. Other Factors the Council Deems Relevant - During the review of previous requests from Della Viti, the City Council did not identify other factors to consider when weighing whether to grant approval for requests of this type. Should the City Council have specific concerns, staff could request additional information from the applicant before the City Council moves forward with approving or denying the request. 96 In addition to the above three specific issues, the City Council must take into consideration with this request that the Municipal Code requires that any Sidewalk Café at which alcohol is served must operate with additional restrictions compared to those where alcohol is not served. The additional, required restrictions that would apply to Della Viti are: Patron ingress and egress shall be controlled and continually monitored by staff No alcoholic beverages may be sold or served later than 10 p.m. Patrons may not consume outside beverages on the premises Finally, the Municipal Code empowers the City Council to impose special conditions on any Sidewalk Café granted an exception to dispense alcohol if it feels such restrictions are appropriate. No conditions were imposed by the City Council in granting previous approvals for Della Viti. Della Viti’s current Outdoor Service Privilege is valid through June 17, 2026. Because holding the appropriate liquor control license is a pre-requisite to allow alcohol service at a Sidewalk Café, City Council approval of Della Viti’s request to serve alcohol must be made subject to maintaining an Outdoor Service Privilege if it would like to continue providing alcohol service at its Sidewalk Café during the second half of the 2026 Sidewalk Café season. ALTERNATIVES: 1. Approve the request from Della Viti to allow alcohol service at its Sidewalk Café during the 2026 sidewalk cafe season, subject to Della Viti maintaining its Outdoor Service Privilege. 2. Refer the request to staff for additional information. 3. Deny the request. CITY MANAGER'S RECOMMENDED ACTION: It is important to ensure that alcohol service in public places occurs in an appropriate environmen t. Municipal Code requires a higher level of scrutiny for establishments where alcohol service is taking place and there is little to no food service, as compared to establishments where alcohol is ancillary to the food service. In this instance, the establishment has an exceptional compliance record, and has adopted procedures that maintain a safe, controlled environment where alcohol is served. The establishment has participated in additional training for its staff to maintain compliance. The application for the sidewalk café indicates a proposed outdoor service area that can be easily monitored and that does not attempt to overcrowd the area. The applicant has responded cooperatively to requests for additional information and appears to have a good understanding of the requirements in place for compliant service. Therefore, it is the recommendation of the City Manager that the City Council adopt 97 Alternative No. 1, as described above. It should be noted that the alternatives presented indicate approval is for only the 2026 sidewalk café season (April through October, according to Municipal Code). Sidewalk café applications must be completed anew each season; they do not carry over from year-to-year. This follows the practice established with approval of previous requests for alcohol service at sidewalk cafes. Requiring new requests each year ensures an opportunity to review performance and impose special conditions or withhold approval if the establishment fails to meet the Council’s expectations. 98 ITEM #:17 DATE:03-24-26 DEPT:Admin SUBJECT:DEPARTMENT OF TRANSPORTATION TITLE VI CIVIL RIGHTS COMPLIANCE ASSURANCES AND AGREEMENT COUNCIL ACTION FORM BACKGROUND: Title VI of the Civil Rights Act of 1964 prohibits discrimination in providing government services. The Iowa Department of Transportation (DOT) requires that Title VI forms must be updated either every five years or whenever there is a change in the Office of the Mayor. The forms the DOT currently has on file for the City of Ames are from September 2020. Title VI documents deal specifically with Non-discrimination in Federally Assisted Programs and Activities and are required as a condition for receiving federal grant funds. The documents the DOT requires of the City to receive Federal financial assistance are: Standard DOT Title VI Assurances (see Attachment A) An executed Title VI Agreement (see Attachment B) By approving and signing the Assurances and Agreement documents, the City is ensuring that its contractors will comply with Title VI and that a Title VI Coordinator is appointed to oversee the implementation and compliance of the City's Title VI plan. Once the DOT receives and signs these documents, it will send the City a Federal-aid funding agreement. ALTERNATIVES: 1. Approve the Standard Title VI/Non-Discrimination Assurances and Agreement 2. Do not approve the Standard Title VI/Non-Discrimination Assurances and Agreement. CITY MANAGER'S RECOMMENDED ACTION: The City is required to comply with Title VI regulations, and a review shows that the City does not have the updated Title VI documents required for compliance. Title VI documents are required as a condition for receiving federal grant funds. Therefore, the City Manager recommends that the City Council adopt Alternative No. 1 as noted above. ATTACHMENT(S): Attachment A Title VI Non Discrimination Assurances.pdf Attachment B Title VI Non Discrimination Agreement.pdf 99 C ity of A mes 100 C ity of A mes 101 City of Ames C ity of A mes C ity of Ames March 2 4 , 2026 102 103 C ity of A mes C ity of A mes C ity of A mes C ity of A mes C ity of A mes C ity of A mes 104 C ity of Ames City of Ames C ity of A mes City of Ames 105 City of Ames City o f A mes C ity of A mes City of Ames 106 107 108 109 110 111 To:Members of the City Council From:John A. Haila, Mayor Date:March 24, 2026 Subject:Appointment to Ames Human Relations Commission Item No. 18 MEMO At its meeting on March 10, 2026, the City Council confirmed appointments of various individuals to City boards and commissions. One of these individuals, who was appointed to the Ames Human Relations Commission, is no longer able to serve. This leaves a vacancy on the Commission which must be filled. Therefore, I am pleased to recommend the appointment of Paige Bailey to the Ames Human Relations Commission. Administration 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 112 ITEM #:19 DATE:03-24-26 DEPT:ADMIN SUBJECT:SUMMER 2026 COMMISSION ON THE ARTS SPECIAL PROJECT GRANT CONTRACTS COUNCIL ACTION FORM BACKGROUND: The Commission on the Arts (COTA) offers an Annual Grant program, which supports annual operating expenses for arts organizations, and two rounds (fall and spring) of Special Project Grants, which are smaller awards for unique or unforeseen opportunities. Following the award of the Spring 2026 Special Project Grants, a $6,590.50 balance of unawarded funding remained in COTA's budget. Rather than allow this funding to return to the Local Option Sales Tax Fund balance, COTA elected to initiate a special third round of Special Project Grants. The maximum award amount was increased to $2,500, and the projects were to be completed between April 1 and October 31, 2026. On March 2, 2026, COTA finalized its recommendations for Summer 2026 Special Project Grants. Seven grant requests were received totaling $11,450. COTA has $6,579.50 in funding available for Summer 2026 Special Project grants. The requests and COTA's recommendations are described in the table below: ORGANIZATION REQUEST PROJECT RECOMMENDATION Ames Community Arts Council $2,500 Empty Bowls 2026 Bowl Making Workshops $760 Friends of Ames Strings $2,500 Youth Education and Performance Opportunities $1,950 ACTORS $1,500 "Come From Away" Set Expenses $1,060 KHOI FM $700 Documentary Film Series $700 KHOI FM $1,500 "Map of My Kingdom" Production $875 Ames Town & Gown $750 Twelfth Night Early Music Ensemble Outreach $570 Octagon Center for the Arts $2,000 Ames Documentary Film Festival $648 TOTAL $11,450 $6,563 Copies of the contracts were sent to the awarded organizations for approval. On March 12, staff received a notification from Friends of Ames Strings that it had received the contract but would be declining the funding due to a change in programming plans. The notification was received too late for COTA to alter its recommendations prior to the start of the grant period. If the City Council desires, it could redistribute this $1,950 to the remaining projects. Staff has prepared an alternative recommendation to accomplish this, which is reflected in the table below: 113 ORGANIZATION PROJECT REQUEST COTA REC.CHANGE STAFF REC. Ames Community Arts Council Empty Bowls 2026 Bowl Making Workshops $2,500 $760 $444 $1,204 Friends of Ames Strings Youth Education and Performance Opportunities $2,500 $1,950 ($1,950)$0 ACTORS "Come From Away" Set Expenses $1,500 $1,060 $440 $1,500 KHOI FM Documentary Film Series $700 $700 -$700 KHOI FM "Map of My Kingdom" Production $1,500 $875 $443 $1,318 Ames Town & Gown Twelfth Night Early Music Ensemble Outreach $750 $570 $180 $750 Octagon Center for the Arts Ames Documentary Film Festival $2,000 $648 $443 $1,091 TOTAL $11,450 $6,563 $0 $6,563 ALTERNATIVES: 1. Approve the Summer 2026 COTA Special Project Grant contracts as recommended by staff in the amount of $6,563. 2. Approve the Summer 2026 COTA Special Project Grant contracts as recommended by COTA in the amount of $4,613. 3. Refer the contracts to COTA for further information. 4. Do not approve the contracts. CITY MANAGER'S RECOMMENDED ACTION: Special project grants help advance participation in and awareness of the arts in the Ames community, which is a key goal of the Commission on the Arts. COTA has reviewed the requests and has recommended the approval of the contracts now presented to the City Council. One of the grant recipients declined the awarded funds. Assuming COTA and the City Council would like to award all of the grant funds, City staff has therefore prepared an alternative recommendation to disburse those unused funds across the remaining requestors. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 114 ITEM #:20 DATE:03-24-26 DEPT:P&H SUBJECT:PUBLIC ART EASEMENT AT AMES COMMUNITY PRESCHOOL CENTER, 920 CARROLL AVENUE COUNCIL ACTION FORM BACKGROUND: A Public Art Easement is being requested by the Public Art Commission (PAC) for placement of public art on private property at Ames Community Preschool Center, 920 Carroll Avenue. The easement will be located adjacent to the childcare facility and playground. The art installation planned in relation to this easement is a part of the Neighborhood Sculpture Program, which is a PAC initiative that focuses on creating a visual and aesthetic environment that incorporates art into the lives of all Ames residents. ACPC applied to participate in this program, requesting placement of the sculptural work titled "Tipsee" by Craig Snyder. On January 6, 2026, the Public Art Commission reviewed and recommended pursuing the placement of artwork on the properties. Subsequently, on January 27, 2026, the City Council approved acquisition of "TipSee" into the City's Permanent Art Inventory. Now, approval of the easement to facilitate the placement of "TipSee" is being requested. An art installation can be approved with an exception to setback standards when approved by the City Council as Public Art within a Public Art Easement. The intent of this exception is to promote the location of publicly visible art installations on private property, as a coordinated effort between the City of Ames Public Art Commission and local businesses. Public Art is defined in 29.201(163a) as: "Any works of craft or art in any medium that the City of Ames Public Art Commission (PAC) has reviewed and which has been approved, and formally accepted by the City Council (or under the authority of the City Council as designated to the PAC) for temporary or permanent installation in public locations, in or on publicly owned buildings, on publicly owned land, or in or on other locations leased or provided to the City through donation, easement or other means." The Easement documents have been finalized by City legal staff and have been agreed upon by the applicant. They are attached for reference. In addition to the Public Art Commission and City Council review, Planning staff coordinated with the Public Works and Electric Departments to ensure the easement locations did not interfere with visibility at adjacent intersections or impact utilities. It is noteworthy that all parts of the artwork are required to be behind the vertical edge of the adjacent public sidewalk and no overhang is allowed. 115 ALTERNATIVES: 1. Accept the Public Art Easement located at Ames Community Preschool Center, 920 Carroll Avenue. 2. Do not accept the Public Art Easement and direct PAC to develop alternative plans for this project. CITY MANAGER'S RECOMMENDED ACTION: The proposed Neighborhood Art installation will be on a publicly visible portion of the property owned by ACPC. In order to allow for the installation to proceed, an easement with the property owner is required. The City will be responsible for the maintenance of the art once it is installed. Approval of the Public Art Easement will further the coordinated effort between the Public Art Commission and neighborhoods to promote the location of publicly visible art installations on private property. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative 1. ATTACHMENT(S): 920 Carroll Ave Public Art Easement.pdf 116 DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER Prepared by: Mark O. Lambert, City of Ames Legal Department, 515 Clark Ave., Ames, IA 50010; (515) 239-5146 Return document to Mark O. Lambert: Ames City Clerk, 515 Clark Ave., Ames, IA 50010 Legal Description: See page 5. PUBLIC ART EASEMENT This Easement Agreement, made effective on as Grantor, and the City of Ames, Iowa, as Grantee. RECITALS WHEREAS, the City has adopted a program for the placement of art in and on public and private locations throughout the City of Ames; and WHEREAS, Grantor owns the real property located in Ames, Iowa, locally known as , Ames, Iowa, and is willing to make the property available to the City for placement of Public Art, as defined by Chapter 29 of the Ames Municipal Code, for public viewing upon a portion of the property identified on Exhibit ‘A’ attached (hereinafter the “Easement Area); and WHEREAS, the City’s Public Art Commission has recommended to the City Council the installation of certain Artwork upon the real property, which has been accepted and approved by the City Council; and IN CONSIDERATION of the mutual promises and performances set forth below, the parties agree as follows: 1. EASEMENT GRANT AND PURPOSE. Grantor grants to the City, its successors and assigns, a nonexclusive Easement over, under, and across the Easement Area described in Exhibit ‘A’ for the purpose of placing, installing, maintaining, operating, and exhibiting the Public Art for public viewing, including any structure, footing or pad thereon required (hereinafter referred to as the “Artwork Base”), together with a right of reasonable ingress and egress to the Easement Area. Any artwork placed 920 Carroll Avenue March 24, 2026 (month/date/year), is between Ames Community Preschool Center (property owner), 117 2 within the Easement Area must be approved and formally accepted by the City Council (or be under the authority of the City Council as delegated to the Public Art Commission), whether publicly or privately owned. 2. TERM OF EASEMENT. The Easement shall be perpetual unless or until terminated as provided herein. 3. MAINTENANCE. The maintenance responsibilities of the parties shall be allocated in the following manner: a. The City shall be responsible for maintenance of Public Art owned or leased by the City during the term of the Easement. b. The City shall be responsible for maintenance of the Artwork Base during the term of the Easement. c. The Grantor shall be responsible for maintenance of Public Art owned or leased by the Grantor during the term of the Easement. d. The Grantor shall be responsible for landscaping, and landscaping maintenance, such as mowing and weed control, within the Easement Area. 4. TERMINATION. The Easement granted herein may be terminated as follows: a. The City may terminate the Easement at any time at its sole discretion upon 30 days written notice to Grantor. b. Subject to approval by the City Council, the Easement may be vacated and terminated upon the Grantor’s written request for any of the following reasons: i. Grantor intends to convey the real property, or an interest in the real property to a buyer or mortgage lender, and said buyer or mortgage lender requires the termination of the Easement as a condition of sale or refinance. ii. Grantor intends to substantially remodel or alter the real property in a manner that precludes continued maintenance of the Public Art. iii. Grantor’s reasonable use and enjoyment of the real property is diminished due to circumstances not known to the parties at the time this Easement was granted. 5. REMOVAL OF PUBLIC ART. The City shall remove the Public Art and Artwork Base, if any, within 180 days from the termination of the Easement. Artwork not owned or leased by the City shall be returned to its owner. The Grantor shall allow the City reasonable ingress and egress to the Public Art and Artwork Base to allow removal. At any time during the term of this Easement, the City may remove the Public Art and Artwork Base from the real property if, in the sole judgment of the City, the Public Art is being excessively damaged or defaced. Restoration of any vegetation or landscaping shall be the sole responsibility of the Grantor. 118 3 6. RIGHT OF INGRESS AND EGRESS. During the term of the Easement and the removal period set forth in paragraph 5 above, the City shall have an unrestricted right of ingress and egress over and through the real property to the Easement Area for installing, maintaining, operating, removing, and exhibiting of the Public Art and Artwork Base. 7. SUCCESSORS BOUND/ASSIGNMENT. This Easement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties. Grantor shall not assign this agreement, or any of the obligations created hereunder, without the prior written consent of the City. 8. SEVERABILITY. If any part of this Easement shall be adjudged invalid or unenforceable, such adjudication shall not affect the validity or enforceability of this Easement as a whole or any part thereof not adjudged invalid or unenforceable. 9. NO WAIVER. No waiver of full performance shall be construed or operate as a waiver of any subsequent default or breach of any of the terms, covenants or conditions of this agreement. 10. TITLE WARRANTY. Grantor warrants to the City that Grantor holds the Easement Area by title in fee simple; that Grantor has good and lawful authority to grant the Easement rights herein provided. 11. INDEMNIFICATION. The Grantor does hereby agree to defend, hold harmless and indemnify the City, its successors and assigns, from any claim of liability or any other claim related to the Public Art or Artwork Base, or arising out of the use of the Easement described herein. 12. ENTIRE AGREEMENT. This instrument constitutes the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior statements, representations, promises and agreements, oral or written. No addition to or change in the terms of this agreement shall be binding upon the parties unless it is expressed in a writing signed by the parties. 13. INTERPRETATION. Words and phrases used in this Easement shall be construed as in the single or plural number, and as masculine, feminine or neuter gender, according to the context. This agreement shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this agreement are for convenience only and in no way define or limit the scope or intent of any provisions of this agreement. 119 4 GRANTOR: By: SIGNATURE NAME PRINTED TITLE OF AUTHORIZED SIGNER STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on , 2026 by , (name) as (title) of (entity). NOTARY PUBLIC CITY OF AMES, IOWA By: Attest: John A. Haila, Mayor Renee Hall, City Clerk STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on , 2026, by John A. Haila and Renee Hall, as Mayor and City Clerk of the City of Ames, Iowa. NOTARY PUBLIC Ames Community Preschool Center My Commission Expires: My Commission Expires: 120 LEGAL DESCRIPTION – EXHIBIT ‘A’ (Easement Area) North 6’ of the East 5’ of the West 108’ of Lot 10 in the subdivision of the West ½ of the Northeast ¼ Section 2, Township 83 North, Range 24 West of the 5th P.M., Ames, Iowa. 121 To:Mayor & City Council From:Andrea Whitt, Legal Secretary Date:March 24, 2026 Subject:Ames Municipal Code Supplement 2026-2 Item No. 21 MEMO Attached and presented for adoption is the Resolution for the Supplement No. 2026-2 to the Ames Municipal Code. ATTACHMENT(S): Resolution Code Supp 26-2.pdf Legal 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 122 RESOLUTION NO. ______ RESOLUTION APPROVING AND ADOPTING SUPPLEMENT NO. 2026-2 TO THE AMES MUNICIPAL CODE BE IT RESOLVED, by the City Council for the City of Ames, Iowa, that in accordance with the provisions of Section 380.8 Code of Iowa, a compilation of ordinances and amendments enacted subsequent to the adoption of the Ames Municipal Code shall be and the same is hereby approved and adopted, under date of April 1, 2026, as Supplement No. 2026-2 to the Ames Municipal Code. Adopted this day of , 2026. _______________________________ John A. Haila, Mayor Attest: _______________________________ Renee Hall, City Clerk 123 ITEM #:22 DATE:03-24-26 DEPT:ELEC SUBJECT:13TH AND GRAND POWER LINE RELOCATION COUNCIL ACTION FORM BACKGROUND: The Public Works Department plans to widen the intersection of 13th Street and Grand Avenue in the 2027 construction season. Public Works has requested that during the 2026 construction season, public and private utility companies relocate their facilities that conflict with the project. An outside contractor will be hired to supply labor, equipment, and materials to relocate the power poles. P rivate communication company attachments on the City's power poles will be relocated or buried at the individual communication company's expense. The Electric Department has contracted with DGR Engineering, Rock Rapids, IA to develop plans and specifications to relocate several power poles for this upcoming project. The engineer's estimate for this project is $700,000. The FY 2026/27 Capital Improvements Plan contains $100,000 for this work in the Streetlight and Line Relocations project. Previously, a sizeable balance of funding for this relocation work had been accumulated and carried over, but this funding was dropped when it was not clear when the project would occur. To address the shortfall in funding, Electric Department staff will identify funding for other Electric projects that may be reallocated to this project. Staff will provide a specific funding source at the time the bids are reported to Council. A project budget is shown below: Funding Source Revenues Expenses 2025/26 Streetlight & Line Relocation CIP $ 36,000 2026/27 Streetlight & Line Relocation CIP 100,000 Reallocated Electric Department Funds 600,000 Engineering $ 36,000 Construction (Engineer's Estimate) 700,000 TOTAL $ 736,000 $ 736,000 ALTERNATIVES: 1. Approve preliminary plans and specifications for the 13th and Grand Power Line Relocation project, set April 29, 2026, as the bid due date, and May 12, 2026, as date of Public Hearing and award of contract. 2. Do not proceed with the project at this time. 124 CITY MANAGER'S RECOMMENDED ACTION: For Public Works to begin the reconfiguration of the 13th Street and G r a n d intersection, the Electric Department will need to move its electric infrastructure in the vicinity. So as not to interfere with Public Works' planned project, nor cause a delay in their 2027 construction window, Electric needs to accomplish its work in 2026. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as stated above. 125 ITEM #:23 DATE:03-24-26 DEPT:PW SUBJECT:2025/26 RIGHT-OF-WAY RESTORATION PROGRAM COUNCIL ACTION FORM BACKGROUND: This program is for restoration of the right-of-way areas associated with various Capital Improvements Plan (CIP) projects. The ROW Restoration program allows the City to bring in a single contractor who specializes in seeding to restore several locations with improved quality. Disturbed ROW areas are restored using seed or dormant seed. Various types of restoration are used depending on the weather at and following the time of installation. City staff has completed plans and specifications for this project with a summary of revenues and projected expenses, shown below. Funding Source (2025/26 ROW Restoration)Revenue Expenses Road Use Tax $125,000 Water Utility Fund 75,000 Sewer Utility Fund 75,000 Storm Sewer Utility Fund 50,000 Engineer's Estimate $245,350 Engineering and Administration 30,000 TOTAL $325,000 $275,350 ALTERNATIVES: 1. Approve plans and specifications for the 2025/26 Right-of-Way Restoration program and establish April 8, 2026, as the date of letting and April 14, 2026, as the date for report of bids. 2. Do not approve this project. CITY MANAGER'S RECOMMENDED ACTION: Proceeding with this project will make it possible to begin restoration efforts on projects currently underway and projects planned for the 2026 spring construction season. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 126 To:Mayor and City Council From:Carly M. Watson, Deputy City Clerk Date:March 24, 2026 Subject:Contract and Bond Approval Item No. 24 MEMO There is no Council Action Form for the 2025/26 Alley Pavement Improvement Program (Alley - South of Lincoln Way Between South Kellogg Ave and South Sherman Ave) with Brother's Concrete, of Des Moines, IA, in the amount of $116,833.30. City Council approval of the contract and bond for the project is simply fulfilling a State Code requirement. Public Works 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 127 To:Mayor and City Council From:Carly M. Watson, Deputy City Clerk Date:March 24, 2026 Subject:Contract and Bond Approval Item No. 25 MEMO There is no Council Action Form for the 2025/26 Downtown Street Pavement Improvement Program (Alley - North of Lincoln Way Between Kellogg Ave and Sherman Ave) with Brother's Concrete, of Des Moines, IA, in the amount of $127,917.05. City Council approval of the contract and bond for the project is simply fulfilling a State Code requirement. Public Works 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 128 To:Mayor and City Council From:Carly M. Watson, Deputy City Clerk Date:March 24, 2026 Subject:Contract and Bond Approval Item No. 26 MEMO There is no Council Action Form for the 2025/26 Seal Coat Street Pavement Improvements Program and Water System Improvements Program (Ferndale Avenue and Furman Drive) with Iowa Water & Waste Systems of Boone, IA, in the amount of $1,977,694.58. City Council approval of the contract and bond for the project is simply fulfilling a State Code requirement. Public Works 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 129 ITEM #:27 DATE:03-24-26 DEPT:FIN SUBJECT:VOIP PHONE SYSTEM CONTRACT RENEWAL COUNCIL ACTION FORM BACKGROUND: In March 2025, the City Council approved a five-year (annually renewable) agreement with RingCentral, Inc. to replace the City's aging on-premise phone system with a cloud-based Voice over Internet Protocol (VoIP) solution. The first year included a one-time implementation fee and the purchase of handsets, as well as annual software licensing costs of $72,000, for a total awarded amount of $143,824. RingCentral has now been fully implemented across City departments. The implemented VoIP system has reduced hardware maintenance as intended and has provided the expected improvements in functionality, call handling features, analytics, and support for communication in the field when staff are away from a desk phone. The Year 2 renewal covers ongoing annual software licensing for all required user licenses. Pricing is fixed for the full five-year term; however, the City is obligated only one fiscal year at a time, and the agreement includes both a non-appropriation clause and the option to terminate with 30 days’ notice for any reason. The second year of the contract is effective on March 19, 2026. For year 2, the City is renewing 455 full-service VoIP phone lines, 219 local lines, and 3 SMS campaigns. Fixed costs for Year 2 are as follows: 455 Full Service Lines at $120 each: $54,600 219 Local Lines at $3 each: $657 3 SMS Campaigns at $18 each: $54 Total Annual Licensing Fees: $55,311 Funds for this contract are available in the Information Technology Computer Services operating budget. Approximately three months of this service will be charged to FY 2025/26, where there is an unencumbered account balance of $63,892. The remaining nine months of the contract will be charged to FY 2026/27, where the adopted budget contains $50,000 for this contract. ALTERNATIVES: 1. Approve the renewal of annual software licensing with RingCentral, Inc. for Year 2 VoIP phone services in an amount not to exceed $55,311. 2. Do not approve and direct staff to evaluate alternative service providers. 130 CITY MANAGER'S RECOMMENDED ACTION: RingCentral's VoIP solution has fulfilled the City's project goals of providing a modern, reliable cloud-based phone system while reducing the overall phone service and maintenance costs associated with the former on-premise system. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative No. 1, as described above. 131 ITEM #:28 DATE:03-24-26 DEPT:ELEC SUBJECT:ENGINEERING SERVICES FOR 161KV TRANSMISSION LINE RELOCATION COUNCIL ACTION FORM BACKGROUND: The Iowa Department of Transportation (IDOT) is preparing to widen Interstate 35 in Polk County south of the Skunk River. Among other work, IDOT will be replacing the bridge at 290th Street. The City of Ames owns a 161kV electric transmission line that extends from Ames to Ankeny east of I-35. This line is directly adjacent the interstate at this bridge crossing, and therefore the line must be relocated to accommodate the roadway improvements. Ames’ 161kV line is located in a private easement, so a new easement will also be needed for this relocation, which IDOT is acquiring on behalf of Ames as part of its overall widening and right- of-way acquisition effort. IDOT has an aggressive schedule due to requirements of its funding sources and has requested a fast-tracked engineering and construction effort to accommodate their schedule, with a requested move-by date of April 31, 2027. City s taff is requesting to engage Dewilt Grant Reckert to perform the design work and prepare the plans and specification for the construction portion of this project. DGR was involved in the original design of the 161 kV line in the 2010s and has handled other IDOT relocation work for this line. The City Council is now being asked to approve two simultaneous actions: 1. Waive the City’s Purchasing Policies requirement for competitive proposals and award a sole-source contract to DGR to complete the detailed design and develop plans and specification for the construction phase of this project. DGR is proposed as the sole-source for the engineering effort due to its extensive experience in the design of the existing 161kV line and prior IDOT relocation work associated with the 161kV project as well as DGR’s familiarity with the structures and design elements of this line. Therefore, the request before Council is to approve a Professional Services Agreement with DGR in the amount of $239,000. 2. Approve the Reimbursement Agreement with IDOT . Staff is also requesting Council to approve the associated IDOT Reimbursement Agreement for reimbursement of these e x p e n ses. The estimated expenses total $1,562,245. A majority of funds for this project will be provided by the Federal Highway Administration (FHWA) and t he reimbursement agreement is a requirement of the FHWA. Construction is estimated to cost $1,323,245. The total estimated cost for this project, including engineering and construction, is $1,562,245. The 2026-2031 Capital Improvements Plan includes a total of $1,500,000 in FY 2026/27 for this project, which is expected to be reimbursed by IDOT. The initial phase of work will be completed in the 2026/27 fiscal year at a cost not-to-exceed $1,500,000, at which time reimbursement from IDOT may be requested for up to 90% of the project's total estimated cost, or $1,406,020. The balance of work to remove the temporary structures and return the line to its final alignment is 132 expected to be completed in Fiscal Year 2027/28, after the initial reimbursement. Therefore, no additional funds are being requested for this project at this time because it is anticipated funding will never need to be higher than the CIP amount of $1,500,000. It is important for the Council to note that the City is at some risk in undertaking this project; the City is required to incur certain engineering expenses first, before IDOT approves a reimbursement agreement. In the unlikely event that the IDOT project is canceled before the final reimbursement agreement is signed, or if easement acquisition costs substantially exceed the budgeted amount, the City may be unable to obtain reimbursement for all of the expenses it has incurred. However, the City has no alternative but to proceed with engineering, prior to agreement approval, since at the moment the DOT intends to proceed with construction. ALTERNATIVES: 1. Waive the City’s purchasing policy requirement for competitive proposals and award a contract to Dewild Grant Reckert & Associates Company, Rock Rapids, Iowa, on a time and material (T & M) basis for an estimated total cost of $239,000 for professional services and approve the Reimbursement Agreement with IDOT. 2. Approve the Reimbursement Agreement with IDOT, but direct staff to issue a Request for Proposals and competitively award a professional services agreement for the engineering and right-of-way acquisition work. 3. Do not approve the Reimbursement Agreement with IDOT or the engineering agreement with DGR. CITY MANAGER'S RECOMMENDED ACTION: The relocation of this transmission line is necessary to allow IDOT to make improvements to Interstate 35 on an advanced schedule. All City costs will be reimbursed by IDOT through the reimbursement agreement. Approval of the recommended actions will allow the City to move forward with the engineering and finalize the Reimbursement Agreement concurrently. Delaying this relocation project would also delay IDOT’s highway improvement project. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): E500-2020 - Contract Power Pole Relocation FINAL-signed.pdf Story Co - U-2026-85-001 - City of Ames - IMN-035-4(286)104--0E-85(ROW)_unsigned.pdf 133 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Prepared by 134 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Copyright© 2020 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. The use of this document is governed by the terms of the License Agreement for the 2020 EJCDC® Engineering Series Documents. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. 135 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Guidelines Page 1 of 1 136 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 1 of 1 AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES TABLE OF CONTENTS Page Article 1— Services Of Engineer ................................................................................................................... 1 1.01 Scope ........................................................................................................................................... 1 Article 2— Owner’s Responsibilities ............................................................................................................. 1 2.01 Project Information ..................................................................................................................... 1 2.02 Owner’s Instructions Regarding Bidding and Front-End Construction Contract Documents ..... 2 2.03 Owner-Furnished Services ........................................................................................................... 3 2.04 Owner’s General Responsibilities ................................................................................................ 3 2.05 Payment ....................................................................................................................................... 5 Article 3— Schedule For Rendering Services ................................................................................................ 5 3.01 Commencement .......................................................................................................................... 5 3.02 Time for Completion .................................................................................................................... 5 Article 4— Invoices And Payments ............................................................................................................... 6 4.01 Invoices ........................................................................................................................................ 6 4.02 Payments ..................................................................................................................................... 6 Article 5— Opinions Of Cost ......................................................................................................................... 6 5.01 Opinions of Probable Construction Cost ..................................................................................... 6 5.02 Opinions of Total Project Costs ................................................................................................... 7 Article 6— General Considerations ............................................................................................................... 7 6.01 Standards of Performance ........................................................................................................... 7 6.02 Ownership and Use of Documents .............................................................................................. 9 6.03 Electronic Transmittals ............................................................................................................ 100 6.04 Insurance ................................................................................................................................... 10 6.05 Suspension and Termination ................................................................................................... 122 6.06 Successors, Assigns, and Beneficiaries ...................................................................................... 13 6.07 Dispute Resolution .................................................................................................................... 13 6.08 Controlling Law; Venue ........................................................................................................... 144 6.09 Environmental Condition of Site ............................................................................................... 14 6.10 Indemnification and Mutual Waiver ......................................................................................... 15 6.11 Records Retention ................................................................................................................... 166 6.12 Miscellaneous Provisions........................................................................................................... 16 Article 7— Definitions ................................................................................................................................. 17 7.01 Defined Terms ........................................................................................................................... 17 Article 8— Exhibits And Special Provisions ................................................................................................. 21 8.01 Exhibits to Agreement ............................................................................................................... 21 8.02 Total Agreement ........................................................................................................................ 22 8.03 Designated Representatives ...................................................................................................... 22 8.04 Engineer's Certifications ............................................................................................................ 22 8.05 Conflict of Interest ..................................................................................................................... 22 137 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 24 AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES This is an Agreement between City of Ames, Iowa (Owner) and Dewild Grant Reckert and Associates Company, dba DGR Engineering (Engineer). Owner’s Project, of which Engineer’s services under this Agreement are a part, is generally identified as Engineering Services for Power Pole Relocation Project 1- 35 & 290th Avenue (Project). Other terms used in this Agreement are defined in Article 7. Engineer’s services under this Agreement are generally identified as Project Initiation and Closeout; Detailed Physical Design; Detailed Protection and Controls Design; Equipment Specifications and Procurement; Construction Contract; and Construction Management. Owner and Engineer further agree as follows: ARTICLE 1—SERVICES OF ENGINEER 1.01 Scope A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A. B. All phases of service will include Management of Engineering Services as shown in Exhibit A. ARTICLE 2—OWNER’S RESPONSIBILITIES 2.01 Project Information A. To the extent Owner has not already provided the following, or has new, additional, or revised information from that previously provided, Owner shall provide Engineer with information and data needed by Engineer in the performance of Basic and Additional Services, including Owner’s: 1. design objectives and constraints; 2. space, capacity, and performance requirements; 3. flexibility and expandability needs; 4. design and construction standards; 5. budgetary limitations; and 6. any other available information pertinent to the Project including reports and data relative to previous designs, construction, or investigation at or adjacent to the Site. B. Following Engineer’s assessment of initially-available Project information and data and upon Engineer’s request, Owner shall obtain, furnish, or otherwise make available (if necessary through retention of specialists or consultants) such additional Project-related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services; or, with consent of Engineer, Owner may authorize the Engineer to obtain or provide all or part of such additional information as Additional Services. Such additional information or data may include the following: 1. Property descriptions. 2. Zoning, deed, and other land use restrictions. 3. Surveys, topographic mapping, and utility documentation. 138 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 24 4. Property, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant reference points. 5. Explorations and tests of subsurface conditions at or adjacent to the Site; geotechnical reports and investigations; drawings of physical conditions relating to existing surface or subsurface structures at the Site; hydrographic surveys, laboratory tests and inspections of samples, materials, and equipment; appropriate professional interpretation of such information or data. 6. Environmental assessments, audits, investigations, and impact statements, and other relevant environmental, historical, or cultural studies relevant to the Project, the Site, and adjacent areas. 7. Data or consultations as required for the Project but not otherwise identified in this Agreement. C. Owner shall examine all alternative solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, risk manager, insurance counselor, financial/municipal advisor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. D. Owner shall furnish to Engineer data as to Owner’s anticipated costs for services to be provided to Owner by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling, and legal advice) so that Engineer may assist Owner in collating the various cost categories that comprise Total Project Costs. E. Owner shall inform Engineer as to whether Engineer’s assistance is requested with respect to Owner’s evaluation of the possible use of Project Strategies, Technologies, and Techniques, as defined in Exhibit A. F. Owner shall inform Engineer as to whether Engineer’s assistance is requested in identifying opportunities for enhancing the sustainability of the Project. 2.02 Owner’s Instructions Regarding Bidding and Front-End Construction Contract Documents A. Owner shall work with and give instructions to Engineer regarding procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, invitation to bid, schedule of bidding and work, and other pertinent bidding requirements, as applicable). The Engineer shall prepare for the Owner the following: 1. Standard contract forms, general conditions (using the 2018 edition of EJCDC® C-700, Standard General Conditions of the Construction Contract), supplementary conditions, text, and related documents and content for Engineer to include in the draft Bidding Documents, and in draft Front-End Construction Contract Documents; 2. protocols for electronic transmittals during bidding and construction; 3. bidding and contract requirements of funding, financing, or regulatory entities provided to Engineer; B. Owner shall provide information as applicable to 2.02 A. documents to the Engineer, and the Engineer shall have the responsibility for the final content of the design (as set forth in the Drawings, Specifications, or otherwise) and all other pertinent engineering and/or technical matters. 139 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 24 1. Owner shall seek the advice of Owner’s legal counsel, risk managers, and insurance advisors with respect to providing information to the Engineer as the Engineer drafts content of such documents. C. If there will be an advertisement soliciting bids for construction, Owner shall place and pay for such advertisement. 2.03 Owner-Furnished Services A. Recognizing and acknowledging that Engineer's services and expertise do not include the following services, Owner shall obtain, as required for the Project: 1. Accounting, bond and financial advisory services (including, if applicable, “municipal advisor” services as described in Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) and the municipal advisor registration rules issued by the Securities and Exchange Commission), independent cost estimating, and insurance counseling services. 2. Legal services, including attorney review of proposed Construction Contract Documents, legal services required by Owner to solely defend, represent, and/or protect the Owner’s own interests needed as a result of issues caused or raised by Contractor, and Project-related legal services reasonably requested by Engineer and not due to performance or lack of the performance of, or to defend, the Engineer.. 3. Auditing services, including those needed by Owner to ascertain how or for what purpose Contractor has used money paid to it. B. Owner may provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of samples, materials, and equipment required by the Construction Contract Documents (other than those required to be furnished or arranged by Contractor), or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof. Owner shall provide Engineer with the findings and reports generated by testing laboratories, including findings and reports obtained from or through Contractor. C. Owner shall acquire or arrange for acquisition of the Site(s) and any temporary or permanent rights of access, easements, or property rights needed for the Project. D. With respect to the portions or phases of the Project designed or specified by Engineer, Owner shall provide, obtain, or arrange for: 1. all required reviews, approvals, consents, and permits from governmental authorities having jurisdiction, and 2. such reviews, approvals, and consents from others as may be necessary for completion of each portion or phase of the Project. E. Owner may delegate to Contractor or others the responsibilities set forth in Paragraphs 2.03.C and D. 2.04 Owner’s General Responsibilities A. Owner shall inform Engineer of the policies, procedures, and requirements of Owner that are applicable to Engineer's performance of services under this Agreement. 140 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 24 B. Owner shall provide Engineer with Owner’s budget for the Project, including type and source of funding to be used, and will promptly inform Engineer if the budget or funding sources change. C. Owner shall inform Engineer in writing of any safety or security programs that are applicable to the personnel of Engineer, its Subconsultants, and Engineer’s Subcontractors, as they visit the Site or otherwise perform services under this Agreement. D. Owner shall arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under this Agreement. E. Owner shall provide necessary direction and make decisions, including prompt review (within reasonable and mutually agreeable time limits and, when applicable, the regular schedule of governing and regulatory approval boards and committees when approval from such is required) of Engineer’s submittals, and carry out its responsibilities in a timely manner so as to not to unreasonably delay the Engineer’s performance of its services. Should the Engineer encounter or anticipate delays that are within the Owner’s reasonable control to prevent or correct, the Engineer shall promptly notify the Owner in writing in order that such delays may be prevented or corrected. F. Owner shall be responsible for all requirements and instructions that it furnishes to Engineer pursuant to this Agreement, and for the accuracy and completeness of all programs, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use and rely upon such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement, subject to any express limitations or reservations applicable to the furnished items. G. Owner shall give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of: 1. any development that affects the scope or time of performance of Engineer’s services; 2. the presence at the Site of any Constituent of Concern; or 3. any relevant, material defect or nonconformance in: (a) Engineer’s services, (b) the Work, (c) the performance of any Constructor, or (d) Owner’s performance of its responsibilities under this Agreement. H. Owner shall advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructability review. I. If Owner designates a construction manager, site representative, or any individual or entity other than, or in addition to, Engineer to represent Owner at the Site, Owner shall define and set forth as an exhibit to this Agreement the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Engineer. J. Owner shall: 1. Attend and participate in the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job-related meetings, and Site visits to 141 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 24 determine Substantial Completion and readiness of the completed Work for final payment. 2. Primarily communicate with Engineer’s Subcontractors and Subconsultants through the Engineer. a. Promptly inform Engineer of the substance of any communications between Owner and the Engineer’s Subcontractors or Subconsultants. b. Refrain from directing the services of Engineer’s Subcontractors or Subconsultants. 3. The Owner may authorize Engineer in writing to provide Additional Services as set forth in Article 2 of Exhibit A of the Agreement, as required. Additional Services shall not be provided prior to receipt of written approval from Owner. Should Additional Services be provided prior to receipt of approval, the Engineer is proceeding at its own risk and Owner is not obligated to compensate the Engineer for the Additional Services, even if the work is partially or fully performed. 4. Perform or provide the following: a. NA. 2.05 Payment A. Owner shall pay Engineer as set forth in Article 4 and Exhibit J. B. Engineer’s compensation is outlined in Exhibit J. 1. Compensation items and totals based on a not to exceed amount of $239,000. 2. Lump sum rate amounts incorporate Engineer’s labor, overhead, profit, and Engineer’s Subcontractor and Subconsultants’ charges. 3. Schedule For Rendering Services ARTICLE 3—SCHEDULE FOR RENDERING SERVICES 3.01 Commencement A. Engineer is authorized to begin rendering services as of the Effective Date. 3.02 Time for Completion A. Engineer shall complete its obligations within a reasonable time. Specific periods of time for rendering services, or specific dates by which services are to be completed, are provided in Exhibit B, and are hereby agreed to be reasonable. B. If, through no fault of Engineer, such periods of time or dates are significantly changed, or the orderly and continuous progress of Engineer’s services is significantly impaired, or Engineer’s services are delayed or suspended in excess of six (6) months, then the time for completion of Engineer’s services, and the rates and amounts of Engineer’s compensation, will be adjusted equitably. C. If Owner authorizes changes in the scope, extent, or character of the Project or Engineer’s services, then the time for completion of Engineer’s services will be adjusted equitably. Any changes to compensation must be approved in writing and in advance, based on the 142 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 24 Engineer’s detailed written description of the required additional services due to scope changes. Changes to the contract amount may require approval of the City Council. D. If Engineer fails, for reasons within control of Engineer, to complete the performance required in this Agreement within the time set forth, as duly adjusted, then Owner shall be entitled to the recovery of direct damages to the extent caused by such failure by Engineer. ARTICLE 4—INVOICES AND PAYMENTS 4.01 Invoices A. Preparation and Submittal of Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices, the progress reporting and special invoicing requirements (if any) in Exhibit A Paragraph 1.01.A, and the terms of Exhibit J. Engineer shall submit its invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. 4.02 Payments A. Application to Interest and Principal: Payment will be credited first to any interest owed to Engineer and then to principal. B. Disputed Invoices: If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Engineer in writing of the specific basis for doing so; may withhold only that portion so disputed; and must pay the undisputed portion, subject to the terms of Paragraph 4.01. After a disputed item has been resolved, Engineer shall include the agreed-upon amount on a new invoice. C. Failure to Pay: If Owner fails to make any undisputed payment due Engineer within 30 days after receipt of Engineer’s invoice, then: 1. Engineer may, after giving 15 days’ written notice to Owner, suspend services under this Agreement until Owner has paid in full amounts due. Owner waives any and all claims against Engineer for any such suspension. D. Sales or Use Taxes: If after the Effective Date any governmental entity takes an action that imposes additional sales or use taxes on Engineer’s services or compensation under this Agreement, then Engineer may invoice such additional sales or use taxes for reimbursement by Owner. Owner shall reimburse Engineer for the cost of such invoiced additional sales or use taxes; such reimbursement will be in addition to the compensation to which Engineer is entitled under the terms of Exhibit J. ARTICLE 5—OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. Engineer’s opinions of probable Construction Cost are to be made on the basis of Engineer’s experience, qualifications, and general familiarity with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors’ methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner requires greater assurance as to probable Construction Cost, then Owner agrees to obtain an independent cost estimate. 143 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 24 5.02 Opinions of Total Project Costs A. The services, if any, of Engineer with respect to Total Project Costs will be limited to assisting the Owner in tabulating the various categories that comprise Total Project Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs. ARTICLE 6—GENERAL CONSIDERATIONS 6.01 Standards of Performance A. Standard of Care: The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Engineer. B. Technical Accuracy: Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer’s services. Engineer shall correct deficiencies in technical accuracy of Engineer’s services without additional compensation, provided that such corrective action is directly caused by Engineer. C. Engineer’s Subcontractors and Subconsultants: Engineer may retain such Engineer’s Subcontractors and Subconsultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner. D. Reliance on Others: Subject to the standard of care set forth in Paragraph 6.01.A, Engineer may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to delegated design professionals retained by Constructor, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. E. Compliance with Laws and Regulations, and Policies and Procedures 1. Engineer and Owner shall comply with applicable Laws and Regulations related to the licensing and operation of Engineer’s business. Engineer shall comply with the Standard of Care in preparing the technical materials and in performing the Services, including as those materials and services relate to compliance with applicable Laws and Regulations. 2. Engineer shall comply with the policies, procedures, and instructions provided to Engineer by Owner that are applicable to Engineer's performance of services under this Agreement and that Owner provides to Engineer in writing, provided that they do not conflict with the Standard of Care set forth in Paragraph 6.01.A, and to the extent compliance is not inconsistent with professional practice requirements. 3. This Agreement is based on Laws and Regulations and Owner-provided written policies and procedures as of the Effective Date (see Exhibit A: “Known Design Standards”). The following may be the basis for modifications to Owner’s responsibilities or to Engineer’s scope of services, times of performance, or compensation: a. changes to Laws and Regulations after the Date of completion of the final design documents, 144 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 24 b. the receipt by Engineer after the Effective Date of Owner-provided written policies and procedures, and c. changes after the Effective Date to Owner-provided written policies or procedures. F. General Conditions of Construction Contract: The general conditions for any Construction Contract Documents prepared hereunder are to be the current edition of EJCDC® C-700, Standard General Conditions of the Construction Contract, prepared by the Engineers Joint Contract Documents Committee as mutually and jointly amended by the Engineer, and Owner, unless expressly indicated otherwise. G. Copies of Drawings and Specifications: Engineer shall prepare and furnish Drawings and Specifications required under this Agreement, and shall deliver to Owner at least one complete electronic copy of such Drawings and Specifications, signed and sealed, and one complete printed copy, duly signed and sealed. H. Engineer shall not be required to sign any document, no matter by whom requested, that would result in Engineer having to guarantee, or warrant any conditions or to certify any conditions existence of which the Engineer is not required to, or cannot reasonably, ascertain within the authorized scope of Engineer’s services. Owner agrees not to make resolution of any dispute with Engineer or payment of any amount due to Engineer in any way contingent upon Engineer signing any such document. I. Engineer shall not at any time supervise, direct, control, or have authority over any Constructor’s work, nor will Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a Constructor to comply with Laws and Regulations applicable to that Constructor’s furnishing and performing of its work. Engineer shall not be responsible for the acts or omissions of any Constructor. J. Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor’s failure to furnish and perform the Work in accordance with the Construction Contract Documents. K. Engineer shall not be responsible for any decision made regarding the Construction Contract Documents, or any application, interpretation, clarification, or modification of the Construction Contract Documents, other than those made by Engineer. L. Engineer is not required to provide and does not have any responsibility for surety bonding or insurance-related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements. M. Engineer’s services do not include providing legal advice or representation. N. While at the Site, Engineer, its Subconsultants, and Engineer’s Subcontractors, and their employees and representatives will comply with the applicable requirements of Contractor's and Owner's safety programs of which Engineer has been informed in writing. 145 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 24 6.02 Ownership and Use of Documents Except as otherwise provided herein, engineering documents, databases and other electronic forms and records, drawings, and specifications prepared by Engineer as part of the Services shall become the property of Owner. 1. The field notes, design notes, original drawings of the construction plans, and logs of any wells drilled, as instruments of service, are and shall remain, the property of the Engineer; however, the Owner shall be furnished, at no additional cost, one set of electronic documents of the original drawings of the work. 2. The Owner shall make copies, for the use of the Engineer, of all of its maps, records, laboratory tests, or other data pertinent to the work to be performed by the Engineer under this Agreement, and also make available any other maps, records, or other materials available to the Owner from any other public agency or body. 3. The Engineer shall furnish to the Owner, copies of all maps, records, field notes, and soil tests that were developed in the course of work for the Owner and for which compensation has been received by the Engineer. 4. All documents prepared or furnished by Engineer under this Agreement are instruments of service for this Project only. The Owner may make or retain copies of documents for Owner's use on this Project; however, such documents are not intended or represented to be suitable for reuse by Owner or others on any other project. 5. The recipient agrees, to the fullest extent permitted by law, to release, defend, indemnify, and hold Engineer harmless from and against any claim liability or cost (including attorney's fees and defense costs, whether or not a suit is filed) arising or allegedly arising out of any use, reuse or modification of the information by the recipient or any person or entity that acquires or obtains the information from the recipient for any purpose other than the completion of the Project with Engineer. This release and agreement to defend, indemnify and hold DGR harmless also applies to the use of this information on any project or construction site without the involvement of DGR in said use of information. B. If Engineer at Owner’s request verifies the suitability of the Documents, completes them, or adapts them for extensions of the Project in the future or for any other purpose, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer. C. Engineer shall inform Owner in writing if Engineer is aware of any invention, design, process, product, or device specified in the Drawings, Specifications, or other Documents that is subject to payment (whether by Owner or Contractor) of any license fee or royalty to others, as required by patent rights or copyrights. If Engineer’s good-faith inclusion in the Drawings, Specifications, or other Documents of new, innovative, or non-standard technologies, for the benefit of Owner and the Project, results in third-party claims of infringement or violation of intellectual property rights, and such inclusion does not meet the criteria outline in the previous sentence, then Engineer shall not be required to pay the costs of defending against, settling, or paying such claims. 146 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 24 D. Engineer will obtain Owner’s consent, which will not be unreasonably withheld, prior to releasing any publicity, including news and press releases, promotional publications, award and prize competition submittals, and other advertising regarding the subject matter of this Agreement. Nothing herein will limit the Engineer’s right to include information in statements of qualifications and proposals to others accurately describing its participation and participation of employees in the Project. 6.03 Electronic Transmittals A. To the fullest extent practical, Owner and Engineer agree to transmit, and accept, Project- related correspondence, Documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, in accordance with Exhibit F, Electronic Documents Protocol (EDP). 1. Compliance with the EDP by Engineer shall be considered a Basic Service and no direct or separate compensation will be paid to Engineer for such compliance, unless provisions for separate compensation are expressly set forth in the EDP. B. If this Agreement does not include Exhibit F or otherwise does not establish or include protocols for transmittal of Electronic Documents by Electronic Means, then Owner and Engineer may operate without specific protocols or may jointly develop such protocols at a later date. C. Except as stated otherwise in Exhibit F (if included in this Agreement), when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long term compatibility, usability, or readability of the Electronic Documents resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents, or from those established in applicable protocols. D. This Agreement (including the EDP) is not intended to create obligations for Owner or Engineer with respect to transmittals to or from third parties, except as expressly stated in the EDP. 6.04 Insurance A. Engineer shall procure and maintain insurance as set forth in Exhibit G. B. Additional Insureds: The Engineer’s commercial general liability, automobile liability, and umbrella or excess liability policies, must: 1. include and list as additional insureds Owner, and any individuals or entities identified as additional insureds in Exhibit G; 2. include coverage for the respective officers, directors, members, partners, and employees of all such additional insureds; 3. afford primary coverage to these additional insureds for all claims covered thereby (including as applicable those arising from both ongoing and completed operations); and 4. not seek contribution from insurance maintained by the additional insured. C. Owner shall procure and maintain insurance as set forth in Exhibit G. 147 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 24 D. Owner shall require Contractor to purchase and maintain policies of insurance covering workers' compensation, general liability, motor vehicle damage and injuries, and other insurance necessary to protect Owner's and Engineer's interests in the Project. E. Owner and Engineer shall each deliver to the other certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates must be furnished prior to commencement of Engineer’s services and at renewals thereafter during the life of the Agreement. 1. Upon request by Owner or any other insured, Engineer shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, documentation of applicable self-insured retentions (if allowed) and deductibles, full disclosure of all relevant exclusions, and evidence of insurance required to be purchased and maintained by Subconsultants and Engineer’s Subcontractors. In any documentation furnished under this provision, Engineer may redact (a) any confidential premium or pricing information and (b) any wording specific to projects or jurisdictions other than those applicable to this Agreement. F. The Owner may choose to procure builder’s risk or similar property insurance for this Project. G. All policies of property insurance relating to the Project, including but not limited to any builder’s risk or similar policy, must allow for waiver of subrogation rights and contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insured thereunder or against Engineer, its Subconsultants, or Engineer’s Subcontractors. Owner and Engineer waive all rights against each other, Contractor, Engineer’s Subcontractors and Subconsultants, and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by any such builder’s risk or similar policy and any other property insurance relating to the Project. Owner and Engineer shall take appropriate measures in other Project-related contracts to secure waivers of rights consistent with those set forth in this paragraph. H. All policies of insurance must contain a provision or endorsement that the coverage afforded will not be canceled, and that renewal will not be refused, until at least 10 days’ prior written notice has been given to the primary insured. Upon receipt of such notice, the primary insured must promptly forward a copy of the notice to the other party to this Agreement and replace the coverage being cancelled or reduced to conform to the requirements of this Agreement. I. At any time, Owner may request that Engineer, or Engineer’s Subcontractors or Subconsultants, at Owner’s sole expense but not to exceed the actual amount incurred, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G. If so requested by Owner, and if commercially available, Engineer shall obtain and shall require Engineer’s Subcontractors or Subconsultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by Owner, and Exhibit G will be supplemented to incorporate these requirements. 148 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 24 6.05 Suspension and Termination A. Suspension 1. By Owner: Owner may suspend Engineer’s services for up to 90 days upon 15 days’ written notice to Engineer. 2. By Engineer: Engineer may, after giving 15 days’ written notice to Owner, suspend services under this Agreement: a. if Owner has failed to pay Engineer for invoiced services and expenses, as set forth in Paragraphs 4.02.B and 4.02.C; b. in response to the presence of Constituents of Concern at the Site, as set forth in Paragraph 6.09.D; or c. if persistent circumstances beyond the control of Engineer have prevented it from performing its obligations under this Agreement. B. Termination for Cause 1. Either party may terminate the Agreement for cause upon 30 days’ written notice in the event of substantial failure by the other party to perform in accordance with the terms of the Agreement, through no fault of the terminating party. a. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 6.05.B.1 if the party receiving such notice begins, within 7 days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30-day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein will extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. In addition to its termination rights in Paragraph 6.05.B.1, Engineer may terminate this Agreement for cause upon 7 days’ written notice: a. if Owner demands that Engineer furnish or perform services contrary to Engineer’s responsibilities as a licensed professional; b. if Engineer’s services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer’s control; or c. as the result of the presence at or adjacent to the Site of undisclosed Constituents of Concern, as set forth in Paragraph 6.09.E. C. Termination for Convenience: Owner may terminate this Agreement for convenience, effective upon Engineer’s receipt of notice from Owner. D. Extension of Effective Date of Termination: If Owner terminates the Agreement for cause or convenience, Owner may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly 149 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 24 files. Engineer shall be entitled to compensation for such tasks subject to percentage of work completed as of effective date of termination but not as additional services. E. Payments Upon Termination: In the event of any termination under Paragraph 6.05, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement plus any reimbursable expenses incurred through the effective date of termination. Upon making such payment, Owner will have the limited right to the use of Documents, at Owner’s sole risk, subject to the provisions of Paragraph 6.02.A. 1. If Owner has terminated the Agreement for cause and disputes Engineer’s entitlement to compensation for services and reimbursement of expenses, then Engineer’s entitlement to payment and Owner’s rights to the use of the Documents will be resolved in accordance with the dispute resolution provisions of this Agreement or as otherwise agreed in writing. 6.06 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 6.06.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, claims arising out of this Agreement or money that is due or may become due) in this Agreement without the written consent of the other party, except to the extent that any assignment, subletting, or transfer is mandated by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise in this Agreement: 1. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 2. Nothing in this Agreement will be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Constructor, other third-party individual or entity, or to any surety for or employee of any of them. 3. Owner agrees that the substance of the provisions of this Paragraph 6.06.C will appear in the Construction Contract Documents. 6.07 Dispute Resolution A. Owner and Engineer shall resolve all disputes in the following manner: 1. Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice, prior to invoking mediation. 2. Owner and Engineer agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof (“Disputes”) to mediation. Owner and 150 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 24 Engineer agree to participate in the mediation process in good faith. The process will be conducted on a confidential basis and must be completed within 120 days. 3. If the parties fail to resolve a Dispute through negotiations under Paragraph 6.07.A.1 or mediation under Paragraph 6.07.A.2, then the parties may exercise their rights at law in a court of competent jurisdiction. 6.08 Controlling Law; Venue A. This Agreement is to be governed by the Laws and Regulations of the state of Iowa with venue in the appropriate state and/or federal courts for Story County, Iowa. 6.09 Environmental Condition of Site A. Owner represents to Engineer that, as of the Effective Date, to the best of Owner’s knowledge, no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. Undisclosed Constituents of Concern: For purposes of this Paragraph 6.09, the presence at or adjacent to the Site of Constituents of Concern that were not disclosed to Engineer pursuant to Paragraph 6.09.A, in such quantities or circumstances that such Constituents of Concern may present a danger to persons or property exposed to them, will be referred to as “undisclosed” Constituents of Concern. 1. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of this Agreement or the Construction Contract, are not undisclosed Constituents of Concern. 2. Constituents of Concern that are to be located, identified, studied, removed, or remediated as part of the services under this Agreement are not undisclosed Constituents of Concern. 3. Constituents of Concern that are to be located, identified, studied, removed, or remediated as part of the services under another professional services contract for Owner, or as part of the work under a construction or remediation contract, are not undisclosed Constituents of Concern if Engineer has been informed of the general scope of such contract. C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate authorities having jurisdiction if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. D. It is acknowledged by both parties that Engineer’s scope of services does not include any services related to undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, or if encountered, uncovered, or revealed Constituents of Concern are present in substantially greater quantities or substantially different locations than disclosed or anticipated, or if investigative or remedial action, or other professional services, are necessary or required by applicable Laws and Regulations with respect to such Constituents of Concern, then Engineer may, at its option and without liability for direct, consequential, or any other damages, suspend performance of services on the portion of the Project adversely affected thereby until such portion of the Project is no longer so affected; and Owner shall promptly determine whether 151 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 24 to retain a qualified expert to evaluate such condition or take any necessary corrective action. E. If the presence at the Site of undisclosed Constituents of Concern, or of Constituents of Concern in substantially greater quantities or in substantially different locations than disclosed or anticipated, adversely affects the performance of Engineer’s services under this Agreement, then: 1. if the adverse effects do not preclude Engineer from completing its Project services in general accordance with this Agreement on unaffected or marginally affected portions of the Project, the Agreement will be amended to reflect changes necessitated by the presence of such Constituents of Concern; or 2. if the adverse effects are of such materiality to the overall performance of Engineer that it cannot complete its services without significant changes to the scope of services, time of completion, and compensation, then Engineer may terminate this Agreement for cause on 15 days’ written notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and will not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement. 6.10 Indemnification and Mutual Waiver A. Indemnification by Engineer: To the fullest extent permitted by Laws and Regulations, Engineer shall indemnify and hold harmless Owner, and Owner’s officers, directors, members, partners, agents, and employees, from losses, damages, and judgments (including reasonable consultants’ and attorneys’ fees and expenses) arising from third-party claims or actions relating to the Project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by any negligent act or omission of Engineer or Engineer’s officers, directors, members, partners, agents, employees, Subconsultants, or Engineer’s Subcontractors. This indemnification provision is subject to and limited by the provisions, if any, agreed to by Owner and Engineer in Exhibit I, “Limitations of Liability." B. Environmental Indemnification: To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Engineer, its Subconsultants, Engineer’s Subcontractors, and their officers, directors, members, partners, agents, employees, and subconsultants from all claims, costs, losses, damages, actions, and judgments (including reasonable consultants’ and attorney’s fees and expenses) caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that: 1. any such claim, cost, loss, damages, action, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and 152 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 24 2. nothing in this paragraph obligates Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. C. No Defense Obligation: The indemnification commitments in this Agreement do not include a defense obligation by the indemnitor unless such obligation is expressly stated. D. Percentage Share of Negligence: To the fullest extent permitted by Laws and Regulations, a party’s total liability to the other party and anyone claiming by, through, or under the other party for any cost, loss, or damages caused in part by the negligence of the party and in part by the negligence of the other party or any other negligent entity or individual, will not exceed the percentage share that the party’s negligence bears to the total negligence of Owner, Engineer, and all other negligent entities and individuals. If both parties cannot mutually agree on a Percentage Share of Negligence, both parties agree to utilize Dispute Resolution as outline in 6.07. E. Mutual Waiver: To the fullest extent permitted by Laws and Regulations, Owner and Engineer mutually waive against each other, and the other’s officers, directors, members, partners, agents, employees, subconsultants, and insurers, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project, from any cause or causes. Such excluded damages include but are not limited to loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; and cost of capital. 6.11 Records Retention A. Engineer shall maintain on file in legible form, for a period of fifteen (15) years following completion or termination of its services, or such other period as required by Laws and Regulations and at a minimum until the statute of limitation expires on the project subject to Iowa Code 614.1, all Documents, records (including cost records), and design calculations related to Engineer’s services or pertinent to Engineer’s performance under this Agreement. Upon Owner’s request, Engineer shall provide a copy of any such item to Owner at cost. 6.12 Miscellaneous Provisions A. Notices: Any notice required under this Agreement will be in writing and delivered: in person (by commercial courier or otherwise) or by registered or certified mail. All such notices are effective upon the date of receipt. B. Survival: Subject to applicable Laws and Regulations, all express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. C. Severability: Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Engineer. D. No Waiver: A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Agreement. E. Accrual of Claims: To the fullest extent permitted by Laws and Regulations, all causes of action arising under this Agreement will be deemed to have accrued, and all statutory periods of limitation will commence, no later than the date of Substantial Completion; or, if 153 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 24 Engineer’s services do not include Construction Phase services, or the Project is not completed, then no later than the date of Owner’s last payment to Engineer. F. Assignment: This Agreement may not be assigned or transferred by the Engineer without the prior written consent of the Owner. ARTICLE 7—DEFINITIONS 7.01 Defined Terms A. Wherever used in this Agreement (including the exhibits hereto) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above, in the exhibits, or in the following definitions: 1. Addenda—Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the bidding requirements or the proposed Construction Contract Documents. 2. Additional Services—The services to be performed for or furnished to Owner by Engineer in accordance with Article 2 of Exhibit A of this Agreement. 3. Agreement—This written contract for professional services between Owner and Engineer, including all exhibits identified in Paragraph 8.01 and any duly executed amendments. 4. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Construction Contract. 5. Basic Services—The services to be performed for or furnished to Owner by Engineer in accordance with Article 1 of Exhibit A of this Agreement. 6. Bidding Documents—Documents related to the selection of the Contractor, including advertisements or invitations to bid; invitation for bids; instructions to bidders, including any attachments such as lists of available Site-related documents; bid forms; bids; bidding requirements; and qualifications documents. 7. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Construction Contract Price or the Construction Contract Times, or other revision to the Construction Contract, issued on or after the effective date of the Construction Contract. 8. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth in the Construction Contract, seeking an adjustment in Construction Contract Price or Construction Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Construction Contract Documents or the acceptability of Work under the Construction Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Construction Contract. 9. Constituents of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever 154 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 24 that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 10. Construction Contract—The entire and integrated written contract between Owner and Contractor concerning the Work. 11. Construction Contract Documents—Those items designated as “Contract Documents” in the Construction Contract, and which together comprise the Construction Contract. See also definition of “Front-End Construction Contract Documents” below. 12. Construction Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Construction Contract Documents. 13. Construction Contract Times—The number of days or the dates by which Contractor must: (a) achieve milestones, if any, in the Construction Contract; (b) achieve Substantial Completion; and (c) complete the Work. 14. Construction Cost—The cost to Owner of the construction of those portions of the entire Project designed or specified by or for Engineer under this Agreement, including construction labor, services, materials, equipment, insurance, and bonding costs, and allowances for contingencies. Construction Cost does not include costs of services of Engineer or other design professionals and consultants; cost of land or rights-of-way, or compensation for damages to property; Owner’s costs for legal, accounting, insurance counseling, or auditing services; interest or financing charges incurred in connection with the Project; or the cost of other services to be provided by others to Owner. Construction Cost is one of the items comprising Total Project Costs. 15. Constructor—Any person or entity (not including the Engineer, its employees, agents, representatives, or Subconsultants, or Engineer’s Subcontractors), performing or supporting construction activities relating to the Project, including but not limited to Contractors, Subcontractors, Suppliers, Owner’s work forces, utility companies, other contractors, construction managers, design-builders, testing firms, shippers, and truckers, and the employees, agents, and representatives of any or all of them. 16. Contractor—The entity or individual with which Owner enters into a Construction Contract. 17. Documents—All documents expressly identified as deliverables in this Agreement, whether in printed or Electronic Document form, required by this Agreement to be provided or furnished by Engineer to Owner. Such specifically required deliverables may include, by way of example, Drawings, Specifications, data, reports, building information models, and civil integrated management models. 18. Drawings—That part of the Construction Contract Documents that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date—The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, the date on which this Agreement is signed and delivered by the last of the parties to sign and deliver. 20. Electronic Document—Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not 155 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 24 limited to Shop Drawings and other Submittals, that are in an electronic or digital format. 21. Electronic Means—Electronic mail (e-mail), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Agreement. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 22. Engineer—The individual or entity named as such in this Agreement. 23. Engineer’s Subcontractor—An individual, firm, vendor, or other entity having a contract with Engineer to furnish general services, equipment, or materials with respect to the Project as an independent contractor. 24. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Construction Contract Price or the Construction Contract Times. 25. Front-End Construction Contract Documents—Those Construction Contract Documents whose primary purpose is to establish legal and contractual terms and conditions, typically including the Owner-Contractor agreement, bonds, general conditions, and supplementary conditions. The term excludes the Drawings and Specifications, and any Construction Contract Documents delivered or issued after the effective date of the Construction Contract. 26. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 27. Owner—The individual or entity named as such in this Agreement and for which Engineer's services are to be performed. Unless indicated otherwise, this is the same individual or entity that will enter into any Construction Contracts concerning the Project. 28. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the services to be performed or furnished by Engineer under this Agreement are a part. 29. Record Drawings—Drawings depicting the completed Project, or a specific portion of the completed Project, prepared by Engineer and based on Contractor's record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications, as delivered to Engineer and annotated by Contractor to show changes made during construction. 30. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site during the Construction Phase. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of the RPR. 156 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 24 31. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 32. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Construction Contract Documents. 33. Site—Lands or areas to be indicated in the Construction Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. 34. Specifications—The part of the Construction Contract Documents that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 35. Subconsultant—An individual, design firm, consultant, or other entity having a contract with Engineer to furnish professional services with respect to the Project as an independent contractor. 36. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 37. Submittal—A written or graphic document, prepared by or for Contractor, which the Construction Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; Suppliers’ instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Construction Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Construction Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals. 38. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Construction Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. 39. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 157 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 24 40. Total Project Costs—The total cost of planning, studying, designing, constructing, testing, commissioning, and start-up of the Project, including Construction Cost and all other Project labor, services, materials, equipment, insurance, and bonding costs, allowances for contingencies, and the total costs of services of Engineer or other design professionals and consultants, together with such other Project-related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights-of-way, compensation for damages to properties and private utilities (including relocation if not part of Construction Cost), Owner’s costs for legal, accounting, insurance counseling, and auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to Owner. 41. Underground Facilities—All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility. 42. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Construction Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Construction Contract Documents. 43. Work Change Directive—A written directive to Contractor issued on or after the effective date of the Construction Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. B. Terminology 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. ARTICLE 8—EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits to Agreement The following exhibits are incorporated by reference and included as part of this Agreement: A. Exhibit A, Engineer’s Services. B. Exhibit B, Deliverables Schedule. C. Exhibit C, Amendment to Owner-Engineer Agreement (form). D. Exhibit D, Duties, Responsibilities and Limitations of Authority of Resident Project Representative. – Not Used. E. Exhibit E, EJCDC® C-626, Notice of Acceptability of Work (form). 158 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 24 F. Exhibit F, Electronic Documents Protocol (EDP). G. Exhibit G, Insurance. H. Exhibit H, Dispute Resolution. – Not Used. I. Exhibit I, Limitations of Liability. J. Exhibit J, Payments to Engineer for Services and Reimbursable Expenses. 8.02 Total Agreement A. This Agreement (which includes the exhibits listed above) constitutes the entire contractual agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a written instrument duly executed by both parties. Amendments should be based whenever possible on the format of Exhibit C to this Agreement. 8.03 Designated Representatives A. With the execution of this Agreement, Engineer and Owner shall each designate a specific individual to act as representative under this Agreement. Such an individual must have authority to transmit instructions, receive information, and render decisions with respect to this Agreement on behalf of the party that the individual represents. 8.04 Engineer's Certifications A. Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing for or in executing the Agreement. For the purposes of this Paragraph 8.04: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the selection process or in the Agreement execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the selection process or the execution of the Agreement to the detriment of Owner, or (b) to deprive Owner of the benefits of free and open competition; 3. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or affect the execution of the Agreement. 8.05 Conflict of Interest A. Nothing in this Agreement will be construed to create or impose any duty on the part of Engineer that would be in conflict with Engineer’s paramount obligations to the public health, safety, and welfare under the professional practice requirements governing Engineer, its Subconsultants, and all licensed professionals employed by Engineer or its Subconsultants. B. If during the term of this Agreement a potential or actual conflict of interest arises or is identified: 1. Engineer and Owner together will make reasonable, good faith efforts to avoid or eliminate the conflict of interest; to mitigate any adverse consequences of the conflict of interest; and, if necessary and feasible, to modify this Agreement to address the 159 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 24 conflict of interest and its consequences, such that progress under the Agreement may continue. 2.Such efforts will be governed by applicable Laws and Regulations and by any pertinent Owner’s policies, procedures, and requirements (including any conflict of interest resolution methodologies) provided to Engineer under Paragraph 2.04.A of this Agreement. 8.06 Order of Enforcement A.When conflict occurs between the Agreement and Exhibits, the Agreement takes precedence. 160 EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 24 This Agreement’s Effective Date is March 24, 2026. Dewild Grant Reckert and Associates Company March 12, 2026 Marlin D. Overman Vice President 161 Exhibit A—Engineer’s Services. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 14 EXHIBIT A—ENGINEER’S SERVICES Exhibit A Table of Contents Article 1— BASIC SERVICES ................................................................................................................... 2 1.01 Project Initiation ................................................................................................................... 2 1.02 Design Phase ......................................................................................................................... 2 1.03 Bidding Phase ........................................................................................................................ 3 1.04 Construction and Final Phase Services ................................................................................. 3 1.05 Clarifications and Assumptions ............................................................................................. 4 Article 2— ADDITIONAL SERVICES ...................................................................................................... 11 2.01 Additional Services Requiring Owner’s Written Authorization .......................................... 11 Article 1 of the Agreement, Services of Engineer, is supplemented to include the following provisions: Baseline Information: Owner has furnished the following Project information to Engineer as of the Effective Date. Engineer’s scope of services has been developed based on this information. As the Project moves forward, some of the information may change or be refined, and additional information will become known, resulting in the possible need to change, refine, or supplement the scope of services. The Iowa Department of Transportation (IDOT) is planning to widen Interstate 35 near Ames, Iowa. This proposed roadway expansion will affect the City of Ames’ 161 kV transmission line, which currently runs parallel to I-35. To accommodate IDOT’s improvemen transmission line will need to be relocated, remaining just outside the revised right-of-way. Iowa and Ames, Iowa. The primary area of impact is near the NE 290th Street overpass in Story County. 162 Exhibit A—Engineer’s Services. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 14 (Several standards with grounding/protection/safety/etc.) American Society of Civil Engineers (ASCE)(Structure design guide) American National Standards Institute (ANSI)(with local amendments) amendments) security) Engineer shall provide Basic and Additional Services as set forth below. ARTICLE 1—BASIC SERVICES Each Task in this Article shall be commenced only upon receipt by the Engineer of written authorization from the Owner. 1.01 Project Initiation A. Project Kickoff Meeting: Engage with representatives from the City of Ames (Owner), DGR, and other stakeholders to identify key project issues, establish timelines, and review available site data and documentation. B. Review Iowa Department of Transportation (IDOT) Plans: Assess IDOT’s proposed roadway improvements for potential impacts to the transmission line. C. Preliminary Estimates and Scheduling: 1. Develop a preliminary construction cost estimate. 2. Create a preliminary construction schedule. D. Preliminary Facility Layout: Identify and propose preliminary locations for relocated transmission facilities. 1.02 Design Phase A. Transmission Line Design: Engineer the 161 kV transmission line, including pole, equipment, and conductor calculations. 163 Exhibit A—Engineer’s Services. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 14 B. Work closely with Owner, IDOT, and other relevant parties to resolve design issues. C. Plan Development: 1. Prepare plan and profile drawings using PLS-CADD, incorporating aerial imagery and terrain models. 2. Plot structure locations and verify placement. D. Technical Documentation: 1. Develop specifications and contract documents for materials and labor. 2. Produce all necessary drawings, sketches, and descriptions to support construction. E. Design Coordination: Maintain ongoing coordination with Owner and IDOT throughout the design process. 1.03 Bidding Phase A. Bid Coordination: 1. Assist the Owner in publishing and advertising plans and specifications. 2. Distribute bidding documents, maintain plan holder lists, and respond to bidder inquiries. B. Bid Analysis: 1. Support Owner in evaluating bids. 2. Prepare bid comparison spreadsheets and provide recommendations for contract awards. 1.04 Construction and Final Phase Services A. Construction Staking: Stake proposed structure locations once for construction purposes. B. Construction Administration: 1. Attend the pre-construction conference. 2. Respond to contractor inquiries via phone or email. 3. Review and process contractor pay requests. 4. Assist the Owner with coordinating invoices for the IDOT. C. Final Inspection and Closeout: 1. Conduct final inspection of the transmission line. 2. Prepare punch lists. 3. Develop record drawings. 4. Complete and process final contract closeout documentation. 164 Exhibit A—Engineer’s Services. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 14 5. Deliver all drawings, records, and related data to the Owner. 1.05 Clarifications and Assumptions A. The following assumptions and limitations have been incorporated into the development of this scope of services: 1. No pre-bid meeting will be required 2. Travel time to and from the project site will be billed at our standard hourly rates. 3. Acquisition of temporary or permanent right-of-way will be handled by others. 4. Construction must be completed by December 2026. 5. Existing geotechnical data from the initial design will be used where applicable; no additional geotechnical investigations are anticipated beyond those specified. B. Project Administration 1. Initial Meeting – An initial meeting has already been held for this project. 2. Additional Meetings - Additional meetings shall be held at the Owner’s Administration Building or by telecommunication conference (i.e. Teams/Zoom) at the request of either party. At least one member of the Engineer's project team with project decision-making authority shall attend all scheduled meetings. The time of these meetings will be determined by the Owner at least five (5) working days prior to the date of the meeting. The requesting party shall submit an agenda for the respective meeting at least ten (10) working days prior to the meeting. A meeting shall be conducted each month and as often as required to properly control the project. 3. Meeting Conduct - It shall be the responsibility of the Engineer to conduct all meetings with all ancillary subjects noted and tabled for further discussion at a later date, or at the end of the meeting depending on the availability of time. 4. Meeting Minutes – It shall be the responsibility of the Engineer to prepare agendas and take all minutes during all meetings. A double-spaced draft of the minutes shall be submitted to the Owner for approval within five (5) working days from the date of the respective meeting. The minutes shall be concise and specific in nature, addressing all major issues discussed, identifying any tasks that are considered to be out of scope and conforming to a predetermined agenda. 5. Use of Existing information – The Owner will provide access to all available drawings and other data pertaining to the 161kV Ames-Ankeny transmission line. The Owner will provide any pertinent drawings from the Iowa Department of Transportation. 6. Out of Scope – The Engineer shall not perform any task that it considers to be out of scope without prior written approval. Any service the Engineer performs based on verbal or written directives without properly approved documentation shall be done “at risk.” Nothing said, implied, inferred, suggested or otherwise communicated shall be construed as grounds for an out-of-scope claim without prior written approval from a 165 Exhibit A—Engineer’s Services. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 14 duly authorized representative of the Owner. Engineer shall manage each component of its contract budget within original budgeted amounts and not rely on under-spent areas to fund over-spent areas without prior approval from Owner. 7. Project Schedule – The Engineer shall submit and update monthly, a bar chart type project schedule acceptable to the Owner. The anticipated completion date for construction is April 31, 2027, per IDOT’s requirement. 8. Interim Submittals – Three (3) sets of specifications and drawings for each design phase shall be submitted as indicated on the Project Schedule. They shall be arranged in an orderly and logical manner, properly tabbed and indexed. One (1) record set shall have a “Certification Page” bound within the front of the specifications properly sealed, signed and dated according to all applicable Iowa State Statutes. 9. Final Submittals – Three (3) sets of the finals specifications and drawings shall be submitted as indicated on the Project Schedule. The final product shall be intended suitable for use in a Request for Bid package. At least two (2) record sets shall have a “Certification Page” bound within the front of the specifications properly sealed, signed and dated according to all applicable Iowa State Statutes. 10. Status Report - A monthly status report summarizing the progress of the project shall be issued to Ames Electric Services. The summary shall include the services provided by Engineer, the subcontracted services of the Engineer, material procurement, and construction. The Engineer shall also maintain files of all correspondence between Owner and the Engineer, and the Engineer and third parties. Copies of all correspondence between the Engineer and the third parties shall be issued to Owner. The Engineer shall prepare and issue to Owner each month telephone memoranda pertaining to the project. The Engineer shall also prepare and submit to Owner monthly reports on design, cost, and schedule status of the project in a format approved by Owner. Information on drawing schedules and percent completion shall be included. Any significant changes in design, project costs, or schedule during the preceding month shall be reported (this includes any anticipated cost increases that will exceed contracted budget amounts in any single category). The reasons for such changes shall be stated, and recommendations shall be made for appropriate action. 11. Permitting – Assist Owner as required in preparing all applications to federal, state and private agencies as required for approval and permitting in relation to the Services provided by Engineer. 12. Media – The Engineer shall submit two (2) legible copies of all final design documents including but not limited to, drawings, electronic files, analysis, printouts and supporting data to Owner upon completion of the project. The final format, size and type of all documents prepared for submission shall be acceptable to Owner. Any release waivers required by the Engineer for these records shall be included with the proposal. 13. Restrictions - The Engineer shall not publicize nor release in any manner information or data regarding this project without written authorization from Owner. Any inquiries 166 Exhibit A—Engineer’s Services. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 14 regarding this project by anyone not directly involved with the design shall be referred to the appropriate authorized representative of Owner. 14. Professional Registration - Applicable drawings, specifications, estimates, studies, reports, plats and surveys shall be prepared by, or under the direct supervision of the applicable professional (architect, engineer or land surveyor) currently registered in the appropriate discipline in the State of Iowa. All such documents shall bear the seal of the registered professional as required by the State of Iowa Statutes. 15. Specifications - Develop all technical specifications in accordance with the standard practices of Owner provided to Engineer so long as they comport with the Standard of Care . At the completion of the project, Engineer shall submit the complete set of specifications to Owner in Word and/or PDF format via ftp download, or on a flash drive. 16. Engineer Estimates and Schedules - Develop and provide to Owner, equipment and construction estimates prior to receiving bid packages from prospective bidders. Construction estimates shall be broken down by specification and sufficiently detailed to allow major activity cost comparison. Preliminary budgetary estimates for construction and equipment shall be provided to Owner as early as practicable for budget planning purposes. Updated budgetary estimates shall be provided at least, bi-monthly through the preliminary design phase. A project procurement and construction schedule must indicate “Milestones” and “Critical Path” elements. A construction schedule will need to be determined, subject to equipment lead times and available outage windows for construction. 17. Equipment Procurement - Develop and provide to Owner specifications and drawings for the purchase of all major equipment and material for the, except materials provided by owner. All other required equipment and materials must be specified/procured as part of this project. The bid documents shall incorporate general and special conditions as required by Owner. Engineer to provide, but not limited to, the following: a. Preparation and transmission to Owner for review, copies of each specification and associated drawings, along with a recommended bidder’s list, and a cost estimate prior to bid issue. b. Revising each specification and drawings after comments are received from Owner. c. Proposing/updating the list of qualified bidders following Owner’s comments. d. In coordination with Owner Purchasing requirements, electronically issue/distribute the bid to those on the bidders list. Must be able to share the bid documents upon request to additional bidders. e. Prepare and issue bid packages; evaluate bids and make award recommendations. Deliver three (3) physical copies of the bid document to Ames Electric Services, one (1) original, stamped document and two (2) copies. Upon request, deliver up to six (6) physical copies of the bid document to potential bidders. Any additional physical copies may be charged to Owner. 167 Exhibit A—Engineer’s Services. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 14 f. Attending a pre-bid meeting and answering bidder’s questions. g. Providing additional information during the bid period, as necessary, to clarify the intent of the drawings and specifications, and if required, issuing addenda to the drawings and specifications. h. Reviewing the bids received, preparing detailed bid evaluations, and making recommendations to Owner. i. Reviewing, indexing, and distributing all manufacturer’s drawings; handling all correspondence with suppliers regarding coordination of drawings, drawing approval, delivery, etc. j. Maintaining files of manufacturers’ drawings for transmittal at the proper time to the project field inspectors, construction contractor, and to Owner. k. Preparing change orders for modifications to the contract when required. l. Reviewing progress payment invoices and making recommendations to Owner for payment. m. Assisting in final closeout of contracts. 18. Construction Contracts - Develop and provide to Owner, construction contract documents to be used for the construction or modification of each substation facility. Engineer to provide but not limited to the following: a. The contract, specifications, and drawings including, but not limited to the following: 1) Plan and Profile drawings b. Preparing and transmitting to Owner for review, copies of each specification and associated drawings, along with a recommended bidder’s list and a cost estimate prior to bid issue. c. Revising each specification and drawings after comments are received from Owner. d. Updating the list of qualified bidders following Owner’s comments. e. Electronically issue/distribute the bid to those on the bidders list. Must be able to share the bid documents upon request to additional bidders. f. Deliver three (3) physical copies of the bid document to Ames Electric Services, one (1) original, stamped document and two (2) copies. Upon request, deliver up to six (6) physical copies of the bid document to potential bidders. Any additional physical copies may be charged to Owner. g. Attending a pre-bid meeting and answering bidder’s questions. h. During the bid period, providing additional information, as necessary, to clarify the intent of the drawings and specifications, and if required, issuing addenda to the drawings and specifications. 168 Exhibit A—Engineer’s Services. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 14 i. Reviewing the bids received, preparing detailed bid evaluations, and making recommendations to Owner. j. Preparing change orders for modifications to the contract when required. k. Assisting in final closeout of contracts. 19. Project Closeout a. Review the construction drawings in accordance with as-constructed records maintained by the contractor and construction project personnel. The final as- constructed drawings delivered to Owner shall be in an acceptable AutoCAD file format/version. b. Deliver tracings of the Engineer’s procurement and construction drawings and manufacturer’s shop drawings, when applicable, to Owner. 20. Construction Phase Services: Provide construction phase services for the implementation of the project design. This shall include, but is not limited to, the following: a. Establishment of a field project management office and furnishing construction management personnel. b. Monitoring contractor’s compliance with specifications relating to the unloading, handling, and storage of materials. Work to resolve constructability issues in coordination with Owner staff and the Engineering Project Manager. c. Obtain receipts from the contractor for formally transferring materials by the construction contractor. d. Maintaining records of deliveries of materials for use in checking of progress payment invoices and for scheduling purposes. e. Monitoring the observed activities of the construction contractor for purposes of determining compliance with the specification and contract documents. Preparing daily logs and providing data for the monthly status reports. f. Initiating change orders as directed by Owner for any required field modification. g. Participating in scheduling and construction conferences with Owner and construction contractor, as required. h. Reviewing progress payment invoices and making recommendations to Owner for payment of construction contracts. i. On-site construction management personnel must have qualifications meeting the following knowledge, skills, and abilities: 1) Engineering knowledge in contracts and contract negotiations, 169 Exhibit A—Engineer’s Services. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 14 2) Electronic communications (e.g., virtual offices, videoconferencing, web- based networking), 3) Having interpersonal skills (e.g., listening, diplomacy, responsiveness), 4) Invoicing for services, 5) Oral and written communications, 6) Permit and approval processes. 7) Project budget management, 8) Project delivery methods, 9) Project records management, 10) Team building, leadership, participation. 21. Defective Work: If, on the basis of Engineer’s observations or as indicated in documentation available to Engineer, Engineer believes that any part of the Work is defective under the terms and standards set forth in the Construction Contract Documents, Engineer will promptly issue written notice to Contractor (with copy to Owner) of such defective Work. Such notice will communicate the scope, extent (to Engineer’s understanding) of defect, and associated provisions of the Construction Contract Documents. a. Engineer shall provide recommendations to Owner regarding whether Contractor should correct such Work or remove and replace such Work, or whether Owner should consider accepting the defective Work in accordance with the provisions of the Construction Contract Documents. Engineer shall give notice to Contractor regarding whether the defective Work should be repaired, replaced, or will be accepted by Owner. b. However, Engineer’s authority to provide this information to Owner or Engineer’s decision to exercise or not exercise such authority will not give rise to a duty or responsibility of the Engineer to Contractors, Subcontractors, material and equipment suppliers, their agents or employees, or any other person(s) or entities performing any of the Work, including but not limited to any duty or responsibility for Contractors’ or Subcontractors’ safety precautions and programs incident to the Work. 22. Compatibility with Design Concept: If Engineer has express knowledge that a specific part of the Work that is not defective under the terms and standards set forth in the Construction Contract Documents is nonetheless not compatible with the design concept of the completed Project as a functioning whole, then Engineer shall inform Owner of such incompatibility, and provide recommendations for addressing such Work. 23. Clarifications and Interpretations: Engineer shall accept from Contractor and Owner submittal of matters in question concerning the technical requirements of the Construction Contract Documents (sometimes referred to as requests for information or 170 Exhibit A—Engineer’s Services. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 14 interpretation—RFIs) or relating to the acceptability of the Work under the Construction Contract Documents. With reasonable promptness, Engineer shall render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Construction Contract Documents. 24. Non-reviewable Matters: If a submitted matter in question concerns the Engineer’s performance of its duties and obligations, or terms and conditions of the Construction Contract Documents that do not involve (a) the performance or acceptability of the Work under the Construction Contract Documents, (b) the design (as set forth in the Drawings, Specifications, or otherwise), or (c) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer will not provide a decision or interpretation. 25. Field Orders: Subject to any limitations in the Construction Contract Documents, Engineer may prepare and issue Field Orders requiring minor changes in the Work. Such Field Orders shall not authorize any change to the contract amount. 26. Change Orders and Work Change Directives: Engineer shall recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. 27. Change Proposals and Claims a. Engineer shall review and respond to Change Proposals. Engineer shall review each duly submitted Change Proposal from Contractor and, within 7 days after receipt of the Contractor’s supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions must be in writing, with a copy provided to Owner and Contractor. If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer will not resolve the Change Proposal. b. Engineer shall provide information or data to Owner regarding engineering or technical matters pertaining to Claims. 28. Differing Site Conditions: Engineer shall respond to any notice from Contractor of differing site conditions, including conditions relating to Underground Facilities such as utilities, and hazardous environmental conditions. Engineer shall promptly conduct reviews and prepare findings, conclusions, and recommendations for Owner’s use subject to limitations of Engineer’s obligations under this Agreement. 29. Contractor’s Submittals: Engineer shall review and approve or take other appropriate action with respect to required Contractor Submittals, but only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Construction Contract Documents, and for compatibility with the design concept of the completed Project as a functioning whole as indicated by the Construction Contract Documents. Such reviews and approvals or other action will 171 Exhibit A—Engineer’s Services. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 14 not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor’s Submittal schedule that Engineer has accepted. 30. Delegated Designs: The Engineer’s responsibility regarding delegated design Submittals is limited to the responsibility set forth in EJCDC C-700 – 2018, Standard General Conditions of the Construction Contract, paragraph 7.19.E. 31. Substitutes and “Or-equals”: Engineer shall evaluate and determine the acceptability of substitute or “or-equal” materials and equipment proposed by Contractor, but subject to the provisions of Exhibit A Paragraph 2.01.A.2. 32. Inspections and Tests. Engineer shall: a. Receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Construction Contract Documents. Engineer’s review of such certificates will be for the purpose of determining whether the results certified indicate compliance with the Construction Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Construction Contract Documents. Engineer shall be entitled to rely on the results of such inspections and tests. b. Reply to Contractor requests for written concurrence that specific portions of the Work that are to be inspected, tested, or approved may be covered. c. Issue written requests to Contractor that specific portions of the Work remain uncovered. d. As deemed reasonably necessary, request that Contractor uncover Work that is to be inspected, tested, or approved. e. Pursuant to the terms of the Construction Contract, require additional inspections or testing of the Work, whether or not the Work is fabricated, installed, or completed. ARTICLE 2—ADDITIONAL SERVICES 2.01 Additional Services Requiring Owner’s Written Authorization A. If authorized in writing by Owner in advance of Additional Services commencing, Engineer shall provide Additional Services of the types listed below. These services are not included as part of Basic Services and will be paid for by Owner as indicated in Exhibit J. 1. Obtain or provide specified additional Project-related information and data to enable Engineer to complete its Basic and Additional Services. 2. Preparation of special and customized reporting, invoicing, and related support documentation in addition to that identified to be provided under Basic Services. 172 Exhibit A—Engineer’s Services. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 14 3. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 4. Services to make measured drawings of existing conditions or facilities, to conduct tests or investigations of existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 5. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer, or the Project’s design requirements, including, but not limited to, changes in size, complexity, Owner’s schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Construction Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer’s control. 6. Services resulting from Owner’s request to evaluate additional Study and Report Phase alternative solutions beyond those agreed to in Exhibit A Paragraph 1.02.A.1. 7. Services required as a result of Owner’s providing incomplete or incorrect Project information to Engineer. 8. Providing renderings or models for Owner’s use, including development, management, and other services in support of building information modeling or civil integrated management. 9. Undertaking investigations and studies including, but not limited to: a. All-hazards risk assessments and other studies to evaluate the feasibility of enhancing the resiliency of the design; b. detailed consideration of operations, maintenance, and overhead expenses; c. the preparation of feasibility studies (such as those that include projections of output capacity, utility project rates, project market demand, or project revenues) and cash flow analyses, provided that such services are based on the engineering and technical aspects of the Project, and do not include rendering advice regarding municipal financial products or the issuance of municipal securities; d. preparation of appraisals; e. with respect to proprietary systems or processes requiring licensing, providing services necessary to assist Owner in obtaining such licensing. f. detailed quantity surveys of materials, equipment, and labor; and 173 Exhibit A—Engineer’s Services. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 14 g. audits or inventories required in connection with construction performed or furnished by Owner. 10. Furnishing services of Subconsultants or Engineer’s Subcontractors for other than Basic Services. 11. Providing data or services of the types described in Article 2, when Owner retains Engineer to provide such data or services instead of Owner furnishing the same. 12. Providing the following services: a. Services attributable to more prime construction contracts than specified in Exhibit A Paragraph 1.04.A.1. b. Services to arrange for performance of construction services for Owner by contractors other than the principal prime Contractor, and administering Owner’s contract for such services. 13. Services during out-of-town travel required of Engineer, other than for visits to the Site or Owner’s office as required in Basic Services (Article 1 of Exhibit A). 14. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other documents as a result of such review processes beyond the reports and studies required to be provided as part of Basic Services. 15. Assistance in connection with bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services. 16. Preparing conformed Construction Contract Documents that incorporate and integrate the content of all addenda and any amendments negotiated by Owner and Contractor. 17. Services to assist Owner in developing or modifying protocols for transmittal of Electronic Documents by Electronic Means after the effective date of this Agreement, either by revising or adapting Exhibit F to the Project or implementing other Electronic Documents protocols among Project participants. 18. Any services by Engineer in connection with Owner or Engineer providing a Document to a Requesting Party under Exhibit F Paragraph 1.01.D (see Exhibit F, Electronic Documents Protocol), or any other distribution of a Document to a third party. Such services may include but are not limited to preparing the data contained in the requested Document in a manner deemed appropriate by Engineer; creating or otherwise preparing and distributing the Document in a format necessary to respond to Owner’s direction or decision to provide the Document to a requesting party, including Contractor, in a format other than that required for deliverables from Engineer to Owner; and services in connection with obtaining required releases from the third parties to which the Documents will be distributed. Compensation for these Additional Services is not contingent upon Owner’s reimbursement from the requesting party. 174 Exhibit A—Engineer’s Services. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 14 19. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor, but only if such services increase the total quantity of services to be performed in the Construction Phase, rather than merely shifting performance of such services to a later date. 20. Supplementing Record Drawings with information regarding the completed Project, Site, and immediately adjacent areas obtained from field observations, Owner, utility companies, and other reliable sources. 21. Conducting surveys, investigations, and field measurements to verify the accuracy of Record Drawing content obtained from Contractor, Owner, utility companies, and other sources; revise and supplement Record Drawings as needed. 22. Preparation of operation, maintenance, and staffing manuals. 23. Protracted or extensive assistance in refining and adjusting of Project equipment and systems (such as initial startup, testing, and balancing). 24. Assistance to Owner in training Owner’s staff to operate and maintain Project equipment and systems. 25. Assistance to Owner in developing systems and procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related recordkeeping. 26. Preparing to serve or serving as a consultant or witness for, or producing documents for or on behalf of, Owner in any litigation, arbitration, mediation, lien or bond claim, or other legal or administrative proceeding involving the Project (but not including disputes between Owner and Engineer). 27. Overtime work requiring higher than regular rates. 28. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Exhibit A Paragraph 1.06.B.9; any type of property surveys or related engineering services needed for the transfer of interests in real property; providing construction and property surveys to replace reference points or property monuments lost or destroyed during construction; and providing other special field surveys. 29. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner. 30. Extensive services required during any correction period, or with respect to monitoring Contractor’s compliance with warranties and guarantees called for in the Construction Contract (except as agreed to under Basic Services). 31. Other additional services performed or furnished by Engineer not otherwise provided for in this Agreement. 175 Exhibit B—Deliverables Schedule. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT B—DELIVERABLES SCHEDULE Paragraphs 2.04.E, 3.02.A, and Exhibit A of the Agreement are supplemented by the following paragraph. Engineer shall furnish Documents to Owner as required and will begin design work for, with construction commencing in 2026. Engineer will evaluate and provide to the Owner a tentative schedule of major review dates, including time for required legal postings, City Council meetings, development approval meetings, review time for Owner’s staff, and any other pertinent dates. Engineer and Owner will work collectively to communicate necessary review time frames to meet the goal of completing construction by the end of 2026. Engineer will provide the following to the Owner in both paper and electronic (PDF) formats: • Final plan and profile drawings, including as-built modifications. • Construction framing drawings. • Complete contract documents. 1. Design completed approximately between April 30, 2026 and May 26, 2026. Duration: 16-20 weeks. Will need confirmation of temporary easement accessible for Survey by March 13, 2026. 2. Building Materials/Contract Award completed approximately between May 26, 2026 and June 30, 2026. Duration: 2 months. 3. Bidding Construction/Contract Award completed approximately between June 30, 2026 and July 31, 2026. Duration: 2 months. 4. Delivery of Materials completed approximately between October 30, 2026 and December 31, 2026. Duration: 30 weeks. 5. Construction completed approximately between January 29, 2027 and April 30, 2027. Duration: 4 months. Schedule contingent on timely easement acquisition by IDOT. 176 Exhibit C—Amendment to Owner-Engineer Agreement. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT C—AMENDMENT TO OWNER-ENGINEER AGREEMENT AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. [Enter Amendment Number] [Name of Owner] [Name of Engineer] [Name of Project] [Effective Date of Agreement] ☐ Additional Services to be performed by Engineer ☐ Modifications to services of Engineer ☐ Modifications to responsibilities of Owner ☐ Modifications of payment to Engineer ☐ Modifications to time(s) for rendering services ☐ Modifications to other terms and conditions of the Agreement Description of Modifications: [Here describe the modifications, in as much specificity and detail as needed. Use an attachment if necessary. Include cost breakdown and documentation, if applicable.] Agreement Summary: Original agreement amount: $ Net change for prior amendments: $ This amendment amount: $ Adjusted Agreement amount: $ Change in time for services (days or date, as applicable): Owner and Engineer hereby agree to modify the above-referenced Agreement as set forth in this Amendment. The Effective Date of the Amendment is [Enter Effective Date of Amendment]. 177 Exhibit D—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT D—DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE 178 Exhibit E—Notice of Acceptability of Work. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT E—EJCDC® C-626, NOTICE OF ACCEPTABILITY OF WORK NOTICE OF ACCEPTABILITY OF WORK (EJCDC® C-626 2018) Owner: Owner’s Project No.: Engineer: Engineer’s Project No.: Contractor: Contractor’s Project No.: Project: Contract Name: Notice Date: Effective Date of the Construction Contract: The Engineer hereby gives notice to the Owner and Contractor that Engineer recommends final payment to Contractor, and that the Work furnished and performed by Contractor under the Construction Contract is, to the best of Engineer’s knowledge, information and belief, acceptable, unless otherwise noted by Engineer and expressly subject to the provisions of the Construction Contract's Contract Documents ("Contract Documents") and of the Agreement between Owner and Engineer for Professional Services dated [date of professional services agreement] ("Owner Engineer Agreement"). This Notice of Acceptability of Work (Notice) is made expressly subject to the following terms and conditions to which all who receive and rely on said Notice agree: 1. This Notice has been prepared with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the same time and in the same locality. 2. This Notice reflects and is an expression of the Engineer's professional opinion. 3. This Notice has been prepared to the best of Engineer's knowledge, information, and belief as of the Notice Date. 4. This Notice is based entirely on and expressly limited by the scope of services Engineer has been employed by Owner to perform or furnish during construction of the Project (including observation of the Contractor's Work) under the Owner Engineer Agreement, and applies only to facts that are within Engineer's knowledge or could reasonably have been ascertained by Engineer as a result of carrying out the responsibilities specifically assigned to Engineer under such Owner Engineer Agreement. 5. This Notice is not a guarantee or warranty of Contractor's performance under the Construction Contract, an acceptance of Work that is not in accordance with the Contract Documents, including but not limited to defective Work discovered after final inspection, nor an assumption of responsibility for any failure of Contractor to furnish and perform the Work thereunder in accordance with the Contract Documents, or to otherwise comply with the Contract Documents or the terms of any special guarantees specified therein. 6. This Notice does not relieve Contractor of any surviving obligations under the Construction Contract, and is subject to Owner's reservations of rights with respect to completion and final payment. Engineer 179 Exhibit F—Electronic Documents Protocol (EDP). Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 5 EXHIBIT F—ELECTRONIC DOCUMENTS PROTOCOL (EDP) ARTICLE 1—ELECTRONIC DOCUMENTS PROTOCOL (EDP) Paragraph 6.03 of the Agreement is supplemented by the following Exhibit F Paragraph 1.01 and Exhibit F—Attachment 1: Software Requirements for Electronic Document Exchange: 1.01 Electronic Documents Protocol A. Electronic Transmittals: The parties shall conform to the following provisions together referred to as the Electronic Documents Protocol ("EDP" or "Protocol") for exchange of electronic transmittals. 1. Basic Requirements a. To the fullest extent practical, the parties agree to and will transmit and accept Electronic Documents by Electronic Means using the procedures described in this Protocol. Use of the Electronic Documents and any information contained therein is subject to the requirements of this Protocol and other provisions of the Agreement. b. The contents of the information in any Electronic Document will be the responsibility of the transmitting party. c. Electronic Documents as exchanged by this Protocol may be used in the same manner as the printed versions of the same documents that are exchanged using non-electronic format and methods, subject to the same governing requirements, limitations, and restrictions, set forth in the Agreement. d. Except as otherwise explicitly stated herein, the terms of this Protocol will be incorporated into any other agreement or subcontract between the Owner and Engineer and any third party for any portion of the Project, or any Project-related services, where that third party is, either directly or indirectly, required to exchange Electronic Documents with Owner, Engineer, or any Contractor or other entity directly contracted with the Owner to furnish Program-related services. Nothing herein will modify the requirements of the Agreement and applicable Construction Contract Documents regarding communications between and among the individual third parties and their respective subcontractors and consultants, except to the extent that any respective subcontractor or consultant exchanges Electronic Documents with the Owner or Engineer. e. When transmitting Electronic Documents, the transmitting Party makes no representations as to long term compatibility, usability, or readability of the items resulting from the receiving Party's use of software application packages, operating systems, or computer hardware differing from those established in this Protocol. f. Nothing herein negates any obligation (1) in the Agreement to create, provide, or maintain an original printed record version of Drawings and Specifications, signed and sealed according to applicable Laws and Regulations; (2) to comply with any applicable Law or Regulation governing the signing and sealing of design documents or the signing and electronic transmission of any other documents; or 180 Exhibit F—Electronic Documents Protocol (EDP). Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 5 (3) to comply with any notice requirements limiting or otherwise modifying the acceptance of Electronic Documents for such notice. 2. System Infrastructure for Electronic Document Exchange a. Each party will provide hardware, operating system(s) software, internet, e-mail, and large file transfer functions ("System Infrastructure") at its own cost and sufficient for complying with the EDP requirements. With the exception of minimum standards set forth in this EDP and any explicit system requirements specified by attachment to this EDP, it will be the obligation of each party to determine, for itself, its own System Infrastructure. 1) The maximum size of an e-mail attachment for exchange of Electronic Documents under this EDP is [File Size] MB. Attachments larger than that may be exchanged using large file transfer functions or physical media. 2) Each Party assumes full and complete responsibility for any and all of its own costs, delays, deficiencies, and errors associated with converting, translating, updating, verifying, licensing, or otherwise enabling its System Infrastructure, including operating systems and software, for use with respect to this EDP. b. Each party is responsible for its own system operations, security, back-up, archiving, audits, printing resources, and other Information Technology ("IT") for maintaining operations of its System Infrastructure during the Project, including coordination with the party's individual(s) or entity responsible for managing its System Infrastructure and capable of addressing routine communications and other IT issues affecting the exchange of Electronic Documents. c. Each party will operate and maintain industry-standard, industry-accepted, ISO- standard, commercial-grade security software and systems that are intended to protect the other party from: software viruses and other malicious software like worms, trojans, adware; data breaches; loss of confidentiality; and other threats in the transmission to or storage of information from the other parties, including transmission of Electronic Documents by physical media such as CD/DVD/flash drive/hard drive. To the extent that a party maintains and operates such security software and systems, it will not be liable to the other party for any breach of system security. d. In the case of disputes, conflicts, or modifications to the EDP required to address issues affecting System Infrastructure, the parties will cooperatively resolve the issues; but, failing resolution, the Owner is authorized to make and require reasonable and necessary changes to the EDP to effectuate its original intent. If the changes cause additional cost or time to Engineer, not reasonably anticipated under the original EDP, Engineer shall be entitled to compensation as Additional Services for its costs associated with the revisions to the EDP, delayed adoption of Exhibit L or implementation of other Electronic Documents protocols. e. Each party is responsible for its own back-up and archive of documents sent and received during the term of any Project contract/agreement under this EDP, unless this EDP establishes a Project document archive, either as part of a mandatory Project website or other communications protocol, upon which the Parties may 181 Exhibit F—Electronic Documents Protocol (EDP). Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 5 rely for document archiving during the specified term of operation of such project document archive. Further, each party remains solely responsible for its own post- Project back-up and archive of project documents, as each party deems necessary for its own purposes, after the term of contract, or termination of the project document archive, if one is established. f. If a receiving party receives an obviously corrupted, damaged, or unreadable Electronic Document, the receiving party will advise the sending party of the incomplete transmission. g. The parties will bring any non-conforming Electronic Documents into compliance with the EDP. The parties will attempt to complete a successful transmission of the Electronic Document or use an alternative delivery method to complete the communication. B. Software Requirements for Electronic Document Exchange; Limitations 1. Each party will acquire the software and software licenses necessary to create and transmit Electronic Documents and to read and to use any Electronic Documents received from the other party (and if relevant from third parties), using the software formats required in this section of the EDP. a. Prior to using any updated version of the software required in this section for sending Electronic Documents to the other party, the originating party will first notify and receive concurrence from the other party for use of the updated version or adjust its transmission to comply with this EDP. 2. The parties agree not to intentionally edit, reverse engineer, decrypt, remove security or encryption features, or convert to another format for modification purposes any Electronic Document or information contained therein that was transmitted in a software data format, including Portable Document Format (PDF), intended by sender not to be modified, unless the receiving party obtains the permission of the sending party or is citing or quoting excerpts of the Electronic Document for Project purposes. 3. Software and data formats for exchange of Electronic Documents will conform to the requirements set forth in the following Attachment 1 to this EDP, including software version, if listed. C. Format and Distribution of Deliverables 1. By definition, "Documents" as used in this Agreement are documents expressly identified as deliverables from Engineer to Owner. Exhibit A of the Agreement identifies various Documents that Engineer is required to deliver to Owner as part of Engineer's services; Exhibit B is a schedule of such Documents. Engineer will transmit such Documents to Owner in the formats identified in Attachment 1 to this Protocol. If no specific format is identified for a deliverable Document, the format will be Portable Document Format (PDF). 2. If a Document will be distributed to third parties, such as prospective bidders and contractors, reviewing agencies, or lenders, the transmittal format for distribution will be as identified in Attachment 1 to this Protocol; provided, however, that if a format for distribution of a specific Document is expressly stated in Exhibit A, then the Exhibit A 182 Exhibit F—Electronic Documents Protocol (EDP). Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 5 format will take precedence. If no specific format is identified for distribution of a deliverable Document to third parties, the format will be Portable Document Format (PDF). a. If a format for Document distribution other than Portable Document Format (PDF) is specified, Owner shall first obtain a written, signed release from each third party to which the deliverable Document is distributed, establishing agreement to the following conditions: 1) The content included in the Electronic Documents prepared by or for Engineer and covered by the request was prepared as an internal working document for Engineer's purposes solely, and is being provided to the third party on an "AS IS" basis without any warranties of any kind, including, but not limited to any implied warranties of fitness for any purpose. As such, the third party is advised and acknowledges that the content may not be suitable for the third party's application, or may require substantial modification and independent verification by the third party. The content may include limited resolution of models; not-to-scale schematic representations and symbols; use of notes to convey design concepts in lieu of accurate graphics; approximations; graphical simplifications; undocumented intermediate revisions; and other devices that may affect subsequent reuse. 2) Electronic Documents containing text, graphics, metadata, or other types of data that are provided to the Requesting Party are only for the convenience of the third party. Any conclusion or information obtained or derived from such data will be at the third party's sole risk and the third party waives any and all claims against Engineer or Owner arising from the use of the Electronic Documents covered by the request, or of any data contained in such Electronic Documents. 3) The third party shall indemnify and hold harmless Owner, Engineer, and Engineer's Subcontractors and Subconsultants, from all claims, damages, losses, and expenses, including attorneys' fees and defense costs arising out of or resulting from the third party's use, adaptation, or distribution of any Electronic Documents provided under the request. 4) The third party agrees not to sell, copy, transfer, forward, give away or otherwise distribute this information (in source or modified file format) to any third party without the direct written authorization of Engineer, unless such distribution is specifically identified in the request and is limited to the third party's subcontractors and consultants. The third party warrants that subsequent use by the third party's subcontractors and subconsultants will comply with all terms of the Construction Contract Documents and any specific instructions or conditions established by Owner. b. If Engineer is required to assist or participate in obtaining such releases from third parties, such services will be categorized as Additional Services. D. Requests by Project-Related Parties for Electronic Documents in Other Formats 183 Exhibit F—Electronic Documents Protocol (EDP). Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 5 1. Owner may release (or direct Engineer to release) an Electronic Document version of a Document prepared by or for Engineer, including but not limited to a deliverable Document as set forth in Exhibit F Paragraph 1.01.C, in a format other than those identified in Exhibit F Paragraph 1.01.B or 1.01.C of the Electronic Documents Protocol, or elsewhere in the Agreement, only if (a) a Contractor or other Project-related party (Requesting Party) makes a good faith request for such release, (b) Owner determines in its sole discretion that such release is prudent and will be beneficial to the Project, and (c) Owner obtains Requesting Party's written consent to the four conditions set forth in Exhibit F Paragraph 1.01.C.2.a.1-4 above. 2. Any services by Engineer in connection with Owner or Engineer providing a Document to a Requesting Party under this Exhibit F Paragraph 1.01.D are Additional Services. Such services may include but are not limited to preparing the data in a manner deemed appropriate by Engineer. Owner may require reimbursement from the Requesting Party for the cost of such Additional Services, but compensation by Owner to Engineer for the Additional Services is not contingent upon Owner obtaining reimbursement from the Requesting Party. 184 Exhibit F—Attachment 1: Software Requirements for Electronic Document Exchange. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT F—ATTACHMENT 1: SOFTWARE REQUIREMENTS FOR ELECTRONIC DOCUMENT EXCHANGE Guidance Notes— Item Electronic Documents Transmittal Means Data Format Note (1) a.1 responses to general information requests for which there is no specific a.2 a.3 requests, documentation accompanying Sample submittals and other Submittals) to Owner and Engineer; and, Owner’s and Engineer’s Responses to Contractor’s Submittals, Shop Drawings, Correspondence, w/Attach a.4 Specifications, Drawings, maps, calculations and spreadsheets, Construction Contract, Bidding/Proposal Documents, and Front-End Attach or LFE a.5 Engineer for future use and modification Attach or a.6 to Owner for future word processing use and modification a.7 data processing use and modification Attach or a.8 processing use and modification Attach or Notes (1) (3) selected by Owner in Exhibit A, Paragraph 1.05.A.1.a. Unless otherwise expressly stated, these documents and Key EMAIL compatible with Office 365 185 Exhibit G -- Insurance Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT G—INSURANCE ARTICLE 1—INSURANCE Paragraph 6.04 of the Agreement, Insurance, is supplemented to include the following Exhibit G Paragraphs 1.01 and 1.02: 1.01 Insurance Policies and Limits A. In accordance with Paragraph 6.04.A of the Agreement, the insurance that Engineer must procure and maintain, and the policy limits of such insurance, are as follows: Coverage State Statutory Each accident $1,000,000 Each employee $1,000,000 Policy limit $1,000,000 General Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Bodily Injury and Property Damage—Each Occurrence $2,000,000 Combined Single Limit Combined Single Limit (Bodily Injury and Property Damage) $2,000,000 Each Occurrence n/a General Aggregate n/a Each Claim $1,000,000 Annual Aggregate $2,000,000 Each Claim $1,000,000 if applicable General Aggregate $1,000,000 if applicable Each Claim $ General Aggregate $ A. The Owner must be listed on Engineer's general liability policy as provided in Paragraph 6.04.B. 186 Exhibit G -- Insurance Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 1 EXHIBIT H—DISPUTE RESOLUTION 187 Exhibit I—Limitation of Liability. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT I—LIMITATIONS OF LIABILITY ARTICLE 1—LIMITATIONS OF LIABILITY Paragraph 6.10 of the Agreement is supplemented to include Exhibit I Paragraph(s) 1.01. 1.01 Mutual Indemnification A. Indemnification by Owner: To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Subconsultants, and Engineer's Subcontractors, from and against any and 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, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Owner or Owner's officers, directors, members, partners, agents, employees, or others retained by or under contract to the Owner with respect to this Agreement or to the Project. 188 Exhibit J—Payments to Engineer for Services and Reimbursable Expenses: Introduction. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT J—PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES: INTRODUCTION 189 Exhibit J—Payments to Engineer for Services and Reimbursable Expenses. Compensation Packet BC-1: Basic Services—Lump Sum. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT J—PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES COMPENSATION PACKET BC-1: BASIC SERVICES—NOT TO EXCEED ARTICLE 1—COMPENSATION PACKET BC-1: BASIC SERVICES— TIME AND MATERIAL NOT TO EXCEED Article 2 of the Agreement is supplemented to include the following Exhibit J Paragraph 1.01: 1.01 Compensation for Basic Services – Not to Exceed A. Owner shall pay Engineer for Basic Services set forth in Exhibit A (except for Resident Project Representative services, if any) as follows: 1. A Not to Exceed amount of $239,000 based on the following estimated distribution of compensation. Task Description Total Fee Total $239,000 2. Engineer may alter the distribution of compensation between individual phases noted herein to be consistent with services actually rendered, but compensation will not exceed the total amount unless approved in writing by the Owner. 3. The total fee includes compensation for Engineer's services and services of Engineer's Subcontractors and Subconsultants, if any. Appropriate amounts have been incorporated in the total to account for labor costs, overhead, profit, and expenses (other than any expressly allowed Reimbursable Expenses). 4. In addition to the labor rates, Engineer is also entitled to reimbursement from Owner for the following Reimbursable Expenses (see Appendix 1 for rates or charges): 5. The portion of the total amount billed for Engineer's services will be based upon Engineer's staff hours actually completed during the billing period. If any Reimbursable Expenses are expressly allowed, Engineer may also bill for any such Reimbursable Expenses incurred during the billing period. B. Period of Service: The compensation amount stipulated in Compensation Packet BC-1 is conditioned on a period of service not exceeding 25 months. If such period of service is extended, the compensation amount for Engineer's services will be appropriately adjusted. 190 Exhibit J—Payments to Engineer for Services and Reimbursable Expenses. Compensation Packet AS-1: Additional Services—Standard Hourly Rates. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT J—PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES COMPENSATION PACKET AS-1: ADDITIONAL SERVICES—STANDARD HOURLY RATES ARTICLE 2—COMPENSATION PACKET AS-1: ADDITIONAL SERVICES—STANDARD HOURLY RATES Article 2 of the Agreement is supplemented to include the following Exhibit J Paragraph 3.01: 2.01 Compensation for Additional Services—Standard Hourly Rates Method of Payment A. Owner shall pay Engineer for Additional Services, if any, as follows: 1. For services of Engineer's personnel engaged directly on the Project pursuant to Exhibit A Paragraph 2.01 or 2.02, except for services as a consultant or witness under Exhibit A Paragraph 2.02.A.28 (which if needed will be separately negotiated based on the nature of the required consultation or testimony), an amount equal to the cumulative hours charged by each class of Engineer's personnel providing such Additional Services times Standard Hourly Rates for each applicable billing class, plus Additional Services-related Reimbursable Expenses and Additional Services-related Engineer's Subcontractors' and Subconsultants' charges, if any. B. Compensation for Reimbursable Expenses 1. For those Reimbursable Expenses that are directly related to the provision of Additional Services, and are not already accounted for in the compensation for Basic Services or RPR-related services, Owner shall reimburse Engineer, using the rates set forth in Appendix 1 to this Exhibit J when applicable. 2. Such Reimbursable Expenses include, to the extent Additional Services-related, the expenses identified in Appendix 1 and the following categories: transportation (including mileage), lodging, and subsistence incidental thereto; providing and maintaining field office facilities including furnishings and utilities; toll telephone calls, mobile phone charges, and courier charges; reproduction of reports, Drawings, Specifications, bidding- related or other procurement documents, Construction Contract Documents, and similar items. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for the use of highly specialized equipment. 3. The amounts payable to Engineer for Reimbursable Expenses, if any, will be the Additional Services-related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to such Additional Services, the latter multiplied by a factor of 1.0. C. Other Provisions Concerning Payment for Additional Services 1. Whenever Engineer is entitled to compensation for the charges of Engineer's Subcontractors and Subconsultants, such compensation will be the amounts billed by Engineer's Subcontractors and Subconsultants to Engineer times a factor of 1.0. 191 Exhibit J—Payments to Engineer for Services and Reimbursable Expenses. Appendix 2: Standard Hourly Rates Schedule. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 2 EXHIBIT J—PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES APPENDIX 1: REIMBURSABLE EXPENSES SCHEDULE Reimbursable Expenses are subject to review and adjustment per Exhibit J. Rates and charges for Reimbursable Expenses as of the date of the Agreement are included in the materials cost and expenses shown in the fee table in Exhibit J, Article 1, Expenses to be billed at cost. 192 Exhibit J—Payments to Engineer for Services and Reimbursable Expenses. Appendix 2: Standard Hourly Rates Schedule. Exhibits to EJCDC® E-500, Agreement between Owner and Engineer for Professional Services. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 2 EXHIBIT J—PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES APPENDIX 2: STANDARD HOURLY RATES SCHEDULE A. Standard Hourly Rates 1. Standard Hourly Rates are set forth in this Appendix 2 to this Exhibit J and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Exhibit J. 3. Hourly rate table below may be adjusted in January of 2027 to accommodate rate adjustments. B. Schedule: Hourly rates for services performed on or after the date of the Agreement are: 2026 HOURLY FEE SCHEDULE Personnel Grade Hourly Rate Principal $349.00 Project Manager $316.00 Project Engineer $261.00 Technical $210.00 Administrative $137.00 Reimbursable Expenses: 1. Standard vehicle mileage at the IRS standard mileage rate in effect at the time. 2. Survey/staking/heavy duty trucks at IRS standard mileage rate plus $0.25 per mile. 3. Other travel, subsistence, lodging at actual out-of-pocket cost. 4. GPS Survey Equipment (when used) at $31.25 per hour. 5. ATV and UTV Equipment (when applicable) at $12.50 per hour. 193 194 . 195 196 197 198 TEMPORARY EASEMENT SKETCH (PROPOSED) AMES 161 kV TRANSMISSION RELOCATION 290TH STREET IA DOT IMPROVEMENTS [Revised: 01-27-2026] NOTES: 1. Information is preliminary and approximate. 2. Design has not yet been completed. Dimensions and layout are preliminary pending easement and ROW availability. 3. Ames will require ability to install down guys and anchors into existing Ia DOT ROW in order to support temporary "shoo-fly" design. Anchors are proposed to be installed approximately 40' west across existing ROW line parallel to I-35 corridor. 4. All temp easement dimensions shown are from existing ROW line locations, overlapping existing Ames private easement. 5. Temp easements shall include rights to ingress/egress, vegetation clearing and provisions to deal with compaction from heavy construction equipment. Guy anchor locations in ROW. Qty (4), max distance west of PL is 40' TEMP EASEMENT BOUNDARY TEMP EASEMENT BOUNDARY PAGE 1 OF 2 HEAVILY WOODED AREA CLEAR ENTIRE TEMP EASEMENT IN THIS AREA. 50' LINE OFFSET FROM EXISTING AMES POWER LINE Veg clearing entire DOT ROW adjacent to Temp Easement north and south of 290th. VEG CLEARANCE 50' WIDTH ALONG TRANSMISSION ALIGNMENT Permanent Easement Access Area (Approximate) EXHIBIT A STORY CO - U2026-85-001 - CITY OF AMES - IMN-035-4(286)10--0E-85(ROW)199 NOTES: 1. Information is preliminary and approximate. 2. Design has not yet been completed. Dimensions and layout are preliminary pending easement and ROW availability. 3. Ames will require ability to install down guys and anchors into existing Ia DOT ROW in order to support temporary "shoo-fly" design. Anchors are proposed to be installed approximately 40' west across existing ROW line parallel to I-35 corridor. 4. All temp easement dimensions shown are from existing ROW line locations, overlapping existing Ames private easement. 5. Temp easements shall include rights to ingress/egress, vegetation clearing and provisions to deal with compaction from heavy construction equipment. Guy anchor locations in ROW. Qty (4), max distance west of PL is 40' TEMP EASEMENT BOUNDARY TEMPORARY EASEMENT SKETCH (PROPOSED) AMES 161 kV TRANSMISSION RELOCATION 290TH STREET IA DOT IMPROVEMENTS [Revised: 01-27-2026] PAGE 2 OF 2 VEG CLEARANCE 50' WIDTH ALONG TRANSMISSION ALIGNMENT Veg clearing entire DOT ROW adjacent to Temp Easement north and south of 290th. Permanent Easement Access Area (Approximate) EXHIBIT A STORY CO - U2026-85-001 - CITY OF AMES - IMN-035-4(286)10--0E-85(ROW)200 PROJECT BUDGET SUMMARY (ESTIMATE) - 2026 I-35 IA DOT RELOCATION PROJECT City of Ames, Iowa Rev: 02-20-2026 Description Preliminary Est.Notes: 239,000$ Construction Contract Total…...................................................................................................................1,323,245$ Subtotal - Construction Labor...................................................................................................................................................................................870,980$ Direct Labor 673,750$ Overhead and Indirect 197,230$ Subtotal - Materials & Supplies.............................................................................................................................................................452,265$ By Ia DOT - not included in this estimate. By Ia DOT - not included in this estimate. By Ia DOT - not included in this estimate. Total - Project Estimate:1,562,245$ Estimate Notes: - All costs are estimated per 2026 contractor pricing. - Assumes down guys allowable in DOT ROW per preliminary sketch. If not, laminted structures will be required and add significant cost and lead time. Vegetation Clearing and Grubbing…........................................................................................... PROJECT COST ESTIMATES Engineering............................................................................................................................................................................. Property Damages (Crop Damages)..................................................................................................................................................................... Easements............................................................................................................................................................. P:\04\194\44\Sprdsht\Project Budget - Ames 290th St I-35_Prelim Est (02-20-2026).xlsx 1 of 1 EXHIBIT B STORY CO - U-2026-85-001 - CITY OF AMES - IMN-035-4(286)10--0E-85(ROW)201 Est #Ext Ext Labor & Extended Unit Description of Units Labor Labor Materials Materials Materials Price Formula Formula to be used to perform calculations U L M L+M (L+M) x U 95-H4 (LWP)Wood Pole, 95 ft. Class H4, Laminated WPE (ea.)3.000 17,300.00$ 51,900.00$ 34,600.00$ 103,800.00$ 51,900.00$ 155,700.00$ 100-H2 Wood Pole, 100 ft. Class H2, Round (ea.)1.000 15,000.00$ 15,000.00$ 17,400.00$ 17,400.00$ 32,400.00$ 32,400.00$ 110-H2 Wood Pole, 110 ft. Class H2, Round (ea.)2.000 15,500.00$ 31,000.00$ 18,900.00$ 37,800.00$ 34,400.00$ 68,800.00$ 110-H5 Wood Pole, 110 ft. Class H5, Round (ea.)2.000 20,400.00$ 40,800.00$ 20,000.00$ 40,000.00$ 40,400.00$ 80,800.00$ TP-161 161 kV Tangent, Braced Line Post (ea.)4.000 5,100.00$ 20,400.00$ 6,600.00$ 26,400.00$ 11,700.00$ 46,800.00$ TS-4A-161 161 kV Medium Angle (ea.)2.000 5,500.00$ 11,000.00$ 5,200.00$ 10,400.00$ 10,700.00$ 21,400.00$ TS-5GLA-161 161 kV Vertical Deadend, Large Angle, Laminated Wood Pole (ea.)2.000 16,600.00$ 33,200.00$ 13,800.00$ 27,600.00$ 30,400.00$ 60,800.00$ T2-397 ACSR 161 kV Phase Conductor, T2-397.5 kcmil ACSR, (26/7) Ibis (Mft.)5.000 18,300.00$ 91,500.00$ 13,800.00$ 69,000.00$ 32,100.00$ 160,500.00$ OPGW Optical Ground Wire, 24 Fiber, Single Mode (Mft.)2.500 15,900.00$ 39,750.00$ 5,200.00$ 13,000.00$ 21,100.00$ 52,750.00$ XC-161 Transfer Existing 161 kV Conductor (Mft.)4.500 15,700.00$ 70,650.00$ 100.00$ 450.00$ 15,800.00$ 71,100.00$ XC-OPGW Transfer Existing Optical Ground Wire (Mft.)2.500 15,200.00$ 38,000.00$ 3,800.00$ 9,500.00$ 19,000.00$ 47,500.00$ D6 Screw Anchor, Transmission, Triple Helix (ea.)24.000 900.00$ 21,600.00$ 600.00$ 14,400.00$ 1,500.00$ 36,000.00$ E3-3 Insulated Down Guy, 1/2” EHS (ea.)24.000 900.00$ 21,600.00$ 600.00$ 14,400.00$ 1,500.00$ 36,000.00$ E5 Guy Rod Extension, 5' Square Shaft (ea.)48.000 400.00$ 19,200.00$ 200.00$ 9,600.00$ 600.00$ 28,800.00$ RC Remove Conductor, 1Ø , Phase or OPGW (Mft.)4.500 3,800.00$ 17,100.00$ -$ -$ 3,800.00$ 17,100.00$ RGA Remove Guy and Anchor (ea.)24.000 500.00$ 12,000.00$ -$ -$ 500.00$ 12,000.00$ RS Remove Structure (ea.)10.000 4,300.00$ 43,000.00$ 100.00$ 1,000.00$ 4,400.00$ 44,000.00$ FOS-2 Fiber Optic Storage System, Wood Pole (ea.)2.000 4,800.00$ 9,600.00$ 5,000.00$ 10,000.00$ 9,800.00$ 19,600.00$ FST Fiber Splicing and Testing (lump sum)2.000 9,100.00$ 18,200.00$ 2,200.00$ 4,400.00$ 11,300.00$ 22,600.00$ WPG Wood Pole Ground (ea.)10.000 700.00$ 7,000.00$ 200.00$ 2,000.00$ 900.00$ 9,000.00$ TC Traffic Control (lump sum)1.000 4,100.00$ 4,100.00$ 600.00$ 600.00$ 4,700.00$ 4,700.00$ T1 Mobilization (lump sum)1.000 118,100.00$ 118,100.00$ 6,500.00$ 6,500.00$ 124,600.00$ 124,600.00$ V1 Construction Allowance (required item)1.000 50,000.00$ 50,000.00$ -$ -$ 50,000.00$ 50,000.00$ Subtotals ------------------------------------------------------------------->Total Labor->673,750.00$ Total Mtrls->452,265.00$ Total OH and Incidental->197,230.00$ TOTAL - CONSTRUCTION CONTRACT = Notes: - Estimate is preliminary and subject to change pending final design, contractor pricing, Q1 2026. - 10% Contingency is included on subtotals. - Construction Contract excludes vegetation clearing & grubbing, easement acquisition or costs, and property or crop damages. 1,323,245.00$ Overhead and Incidental Unit Price CONSTRUCTION ESTIMATE BREAKOUT - PRELIMINARY [02-20-2026] AMES PLANT TO NORTHEAST ANKENY 161 kV TRANSMISSION LINE RELOCATION IOWA DOT I-35 PROJECT 2026 CITY OF AMES AMES, IOWA P:\04\194\44\Sprdsht\Project Budget - Ames 290th St I-35_Prelim Est (02-20-2026).xlsx BF-5 EXHIBIT B STORY CO - U-2026-85-001 - CITY OF AMES - IMN-035-4(286)10--0E-85(ROW)202 Build America, Buy America (BABA) – Overview & Guidance | Exhibit C Page | 1 IOWA DEPARTMENT OF TRANSPORTATION TRANSPORTATION DEVELOPMENT Ames, Iowa Build America, Buy America (BABA) Overview & Guidanc e EXHIBIT C Form: BA1 Last updated 01-05-2026 HISTORY: Buy America requirements originated in 1983 in the Code of Federal Regulations 23CFR 635.410. Part 1 states: “The project either: (i) Includes no permanently incorporated steel or iron materials, or (ii) if steel or iron materials are to be used, all manufacturing processes, including application of a coating, for these materials must occur in the United States. Coating includes all processes which protect or enhance the value of the material to which the coating is applied. “This applied to all projects where Federal aid is involved. Beginning January 1, 2014, per section 1518 of MAP-21, if the project as defined by National Environmental Policy Act (NEPA), has at least one authorized Federal-Aid Highway Program (FAHP) construction contract, all utility relocations eligible for federal reimbursement utility work must meet Buy America regardless of funding source. The Infrastructure Investment and Jobs Act (IIJA) introduced the Build America, Buy America (BABA) Act. This includes changes to what is defined in the bill as "Construction Materials". The Bipartisan Infrastructure Law (BIL) 70914, November 2021, mandates for BABA that all iron, steel, manufactured products, and construction materials used in projects supported by federal funds be produced in the United States. Iowa Department of Transportation Standard Specification 1107.06 covers BABA requirements for the Iowa Department of Transportation (department) contractor. On federal aid contracts and contracts where the department is the contracting authority, all products of iron, steel, and construction materials, which are permanently incorporated into the work, shall comply with the BABA and Materials I.M. 107. Iron and Steel • In BIL 70914 apply only to the extent that Federal agencies do not already apply a BA preference. Title 23 funded highway projects already require the use of domestic iron and steel for any iron and steel to be permanently incorporated into the project. • Articles, materials, or supplies that consist wholly or predominantly of iron and steel or a combination of both. All manufacturing processes, from the initial melting state through the application of coatings, occurred in the U.S. (Predominantly means the cost of the iron and steel content exceeds 50% of the total cost of all its components.) • The de minimis (minimal use) threshold in 23 CFR 635.410(b)(4) continues to apply for iron and steel. Total cost of all foreign source items used in the contract, as delivered to the project site, is less than $2,500 or one-tenth of 1% of the total contract amount, whichever is greater. 203 Build America, Buy America (BABA) – Overview & Guidance | Exhibit C Page | 2 IOWA DEPARTMENT OF TRANSPORTATION TRANSPORTATION DEVELOPMENT Ames, Iowa Manufactured Products • Articles, materials, or supplies that have been: (i) processed into a specific form and shape; or (ii) combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, or supplies. • FHWA general waiver 48 FR 53099 (November 25, 1983) for manufactured products is no longer in effect as of October 1, 2025. Construction Materials • Non-ferrous metals. All manufacturing processes, from initial smelting or melting through final shaping, coating, and assembly, occurred in the U.S. • Plastic and polymer-based products. All manufacturing processes, from initial combination of constituent plastic or polymer-based inputs, or, where applicable, constituent composite materials, until the item is in its final form, occurred in the U.S. • Glass. All manufacturing processes, from initial batching and melting of raw materials through annealing, cooling, and cutting, occurred in the U.S. • Fiber optic cable (including drop cable). All manufacturing processes, from initial ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in the U.S. All manufacturing processes also include the standards for glass and optical fiber, but not for non-ferrous metals, plastic and polymer-based products, or any others. • Optical fiber. All manufacturing processes, from initial preform fabrication stage through the completion of the draw, occurred in the U.S. • Lumber. All manufacturing processes, from initial debarking through treatment and planing, occurred in the U.S. • Drywall. All manufacturing processes, from initial blending of mined or synthetic gypsum plaster and additives through cutting and drying of sandwiched panels, occurred in the U.S. • Engineered wood. All manufacturing processes, from initial combination of constituent materials until the wood product is in its final form, occurred in the U.S. 204 Build America, Buy America (BABA) – Overview & Guidance | Exhibit C Page | 3 IOWA DEPARTMENT OF TRANSPORTATION TRANSPORTATION DEVELOPMENT Ames, Iowa What does this mean for utility relocations? Essentially, all products of iron and steel, manufactured products, and construction materials will need to have a certification statement that states it was manufactured in the United States of America. APPLICABILITY: • BABA requirements only affect products containing iron, steel, construction materials, and manufactured products permanently incorporated into the work. • BABA only applies to relocations of utility facilities that must move due to highway projects under certain specific conditions as stated below. • BABA applies if the utility relocation is eligible for reimbursement with federal funds, however in the case of BABA few of the eligible relocations will be reimbursed. See below for eligibility criteria and reimbursement guidance. • BABA applies in the case where the utility relocation is included in the federal-aid contract. This can be through an agreement with the department or a local agency. Projects where BABA applies to utility relocations in Iowa: There are four primary cases when BABA provisions must be applied to utility relocations in Iowa. Case 1, Agreement work This case involves relocation of a utility on private property (fee title or easement) in response to an Iowa Department of Transportation (department) project where any federal funds are used within the NEPA project boundary and where property rights require the department to reimburse the utility for relocation. This case applies when the project is on any primary highway or freeway under the jurisdiction of the department. Case 2, Interstate project relocation - department permitted work This case involves relocation of any utility inside primary highway rights-of-way due to a department project on the interstate system and any federal funds are used within the NEPA project boundary. The reason this case applies in Iowa is because this relocation is eligible for reimbursement due to Iowa Code Section 306A.10 that states the relocation may be paid. While the relocation of the utility facility is eligible for reimbursement, historically, the department has not paid for such relocations. Case 3, Interstate project relocation – city or county permitted or franchised work This case involves relocation of any utility inside city or county right of way due to a department project on the interstate system and any federal funds are used within the NEPA project boundary. The reason this case applies in Iowa is because this relocation is eligible for reimbursement due to Iowa Code Section 306A.10 that states the relocation may be paid. While the relocation of the utility facility is eligible for reimbursement, historically, the department has not paid for such relocations. Case 4, Utility relocation is included in a federal-aid contract This involves relocation of any utility that is done as part of a federal-aid department project or a federal aid local agency project due to Article 1107.06 of the department’s standard specification. This could be a project on a primary highway or city street. Special provisions may not override or circumvent the requirements of the specifications for BABA compliance. 205 Build America, Buy America (BABA) – Overview & Guidance | Exhibit C Page | 4 IOWA DEPARTMENT OF TRANSPORTATION TRANSPORTATION DEVELOPMENT Ames, Iowa How to comply with BABA provisions (Case 1,2,3): 1. The department will determine if BABA applies to utility relocations based on department or local agency project requirements. 2. Submit Materials Certification* to the department. • Case 1: Submit with the department reimbursement agreement documents. • Case 2: Submit with the department permit request documents. • Case 3: Submit to the department with issued city or county permit or franchise documents. 3. Complete the relocation work in accordance with the BABA requirements. 4. Retain verification paperwork (i.e., mill and/or step certifications, bills of lading, manufacturers’ certificates, etc.) for all BABA materials for a period of 5 years from the date of issuance of the permit or reimbursement agreement. Field audits of the materials and/or office audits of the certification paperwork by department personnel should be expected. How to comply with BABA provisions (Case 4): Submit Materials Certification* according to Article 1107.06 of the department standard specifications. The process is identified I.M. 107. https://ia.iowadot.gov/erl/current/IM/content/107.htm The domestic materials certification form(s) must be completed, signed and returned to the District Utility Coordinator identified in Section 4 of the agreement prior to commencing relocation or adjustment work. Minimal Use of Foreign Steel: FHWA regulations permit a minimal use of foreign steel and iron in the amount of $2,500 or one-tenth of one percent of the utility relocation contract/cost, whichever is greater. This amount would be the total amount of foreign steel or iron allowed on the utility project across all the materials supplied. Incorporation of any foreign steel must be preapproved by the department. *Materials Certification Forms: Certificate of Build America, Buy America Compliance for Construction Material or Manufactured Product (Materials I.M. 107 Appendix A) https://ia.iowadot.gov/erl/current/IM/content/107aa.pdf Certificate of Build America, Buy America Compliance for Iron and Steel (Materials I.M. 107 Appendix B) https://ia.iowadot.gov/erl/current/IM/content/107ab.pdf Domestic Materials Self-Certification Form is available online here: https://transportation.org/product-evaluation-and-audit-solutions/domestic-materials-self-certification-form/ 206 ITEM #:29 DATE:03-24-26 DEPT:PW SUBJECT:INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM (PHASE 5) PROFESSIONAL SERVICES AGREEMENT COUNCIL ACTION FORM BACKGROUND: The Intelligent Transportation System (ITS) Program is a project that will implement real-time optimization of traffic and pedestrian flow at signalized intersections. The FY 2025/26 and 2026/27 Capital Improvements Plan (CIP) includes the design and construction of Phase 5 of the City's ITS Master Plan. Phase 5 is the final phase of the ITS Network and completes the northwest, southeast, and eastern portions of town as shown in the attached map. PHASE 1-4 DESIGN PROCUREMENT: The original selection process for Phase 1 included a formal Request for Qualifications (RFQ) and Request for Proposals (RFP), which resulted in the selection of GBA Systems Integrators (GBASI), with HR Green as a subconsultant. Phase 2 design services were incorporated through an amendment to Phase 1. For Phase 3, staff solicited proposals from six firms; however, only one proposal was received from the team of HR Green and GBASI. Phase 4 design services were again incorporated through an amendment to Phase 3. Through each phase, the design team has developed and refined the City’s ITS network architecture, fiber topology, communication standards, signal cabinet specifications, and adaptive signal integration protocols. Maintaining continuity of this team has provided substantial institutional knowledge, consistency in system architecture, and efficiency in plan development and construction support. A summary of the solicitation and approval history for Phases 1-4 is provided below: Phase Year Solicitation Method Selected Firm(s) Phase 1 2021 RFQ (5 Firms) & RFP (3 shortlisted firms)GBASI w. HR Green Phase 2 2021 Amendment to Phase 1 GBASI w. HR Green Phase 3 2023 RFP (6 Firms) with 1 proposal received HR Green w. GBASI Phase 4 2024 Amendment to Phase 3 HR Green w. GBASI PHASE 5 DESIGN PROCUREMENT: During the design of Phase 4, staffing transitions occurred within the consultant organizations. As a result, the same key personnel who have worked on the prior phases, including the project manager and core technical team, are now employed by Olsson, Inc. of Des Moines, Iowa. Accordingly, the proposed Professional Services Agreement for Phase 5 is with Olsson, Inc., rather than HR Green. However, the individuals performing the 207 work will remain the same as those who have designed Phases 1-4. In addition, GBASI, which served as a design team member for Phases 1-4, has rebranded and is now operating as Tekniam. Tekniam will continue to serve in the same technical capacity on Phase 5 as in the previous phases. Given the highly specialized and evolving nature of the City’s ITS architecture, the value of maintaining continuity in system design standards and documentation, and the limited response historically received through competitive solicitations, staff believes it is in the City’s best interest to continue with the same core design team for Phase 5. City of Ames Purchasing staff have been consulted regarding the appropriate procurement method for Phase 5. Based on the project history, prior solicitation outcomes, the continuity of key personnel, and the potential for additional overhead costs associated with developing competitive proposals, Purchasing staff concur that waiving the Purchasing Policies and Procedures requirement for competitive proposals is an appropriate course of action. Staff has reviewed the fee submitted by Olsson, Inc of Des Moines, IA and has determined it to be consistent with the scope of services necessary for Phase 5 in relation to the prior phases. The table below provides the revenues and expenses for the project: Revenues Expenses ICAAP Grant $1,213,760 Carbon Reduction Program (CRP) Grant $940,000 G.O. Bonds $546,296 Road Use Tax $641,304 Design (this Council Action)$389,070.50 Administration $125,000 Construction (estimate)$2,692,200 Total $3,341,360 Total $3,206,270.50 ALTERNATIVES: 1. Waive the Purchasing Policies and Procedures requirement for competitive proposals and approve the Professional Services Agreement with Olsson, Inc. of Des Moines, Iowa for the Intelligent Transportation Systems Program (Phase 5) in an amount not to exceed $389,070.50 2. Direct staff to solicit competitive proposals for this engineering work. CITY MANAGER'S RECOMMENDED ACTION: The ITS Program is a multi-phase modernization effort that benefits from consistency in system architecture, communication design, and adaptive signal integration. The same core personnel who successfully designed Phases 1–4 will complete Phase 5 under Olsson, Inc., maintaining continuity while minimizing transition risk and additional proposal- related costs. Staff has reviewed the proposed cost for Phase 5 and determined it to be 208 consistent with the scope of services required and comparable to prior phases. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Phase 5 Map.pdf Agreement Ames TrafficSignalMasterPlan PH5 20260310 v2 OlssonSigned.pdf 209 City of Ames 2025/26 ITS Program (Phase 5) 7 PROJECT MAP SECTION B 21 0 Page 1 of 4 March 24, 2026 SCOPE OF WORK - AGREEMENT FOR PROFESSIONAL SERVICES 2026/27 Intelligent Transportation System Program – Phase 5 City of Ames, Iowa The City of Ames (“Client”) requests Olsson, Inc. (“Olsson”) to perform the services described herein pursuant to the terms of this Letter Agreement for Professional Services, Olsson’s General Provisions and any exhibits attached hereto (all documents constitute and are referred to herein as the “Agreement”) for the Project. Olsson has acquainted itself with the information provided by Client relative to the Project and based upon such information offers to provide the services described below for the Project. Client warrants that it is either the legal owner of the property to be improved by this Project or that Client is acting as the duly authorized agent of the legal owner of such property. Client acknowledges that it has reviewed the General Provisions and any exhibits attached hereto, which are expressly made a part of and incorporated into the Agreement by this reference. In the event of any conflict or inconsistency between this Letter Agreement, and the General Provisions regarding the services to be performed by Olsson, the terms of the General Provisions shall take precedence. This exhibit is hereby attached to and made a part of the Letter Agreement for Professional Services dated March 24, 2026, between the City of Ames (“Client”) and Olsson, Inc. (“Olsson”) providing for professional services. Olsson’s Scope of Services for the Agreement is indicated below. Olsson shall provide the following services (“Scope of Services”) to Client for the following Phases listed below. Project Description: The purpose of this project is to develop design and prepare plans, specifications, and estimate documents for the letting of the Iowa Department of Transportation of the fifth phase of the City of Ames ITS Master Plan. Phase 5 includes 19 intersections, approximately 51,000 feet of conduit installation and approximately 65,000 feet of fiber optic cable installation – A map of Phase 5 project elements can be found in Attachment A. Project includes the fieldwork and design of installing fiber optic cable/conduits between traffic signals and existing City facilities, upgrades to traffic signal controller cabinets, and vehicle detection system upgrades. SCOPE OF SERVICES SEE ATTACHMENT B 211 Page 2 of 4 UNDERSTANDING Should Client request work in addition to the Scope of Services, Olsson shall invoice Client for such additional services (Optional Additional Services) at the standard hourly billing labor rate charged for those employees actually performing the work, plus reimbursable expenses if any. Olsson shall not commence work on Optional Additional Services without Client’s prior written approval. Olsson agrees to provide all of its services in a timely, competent and professional manner, in accordance with applicable standards of care, for projects of similar geographic location, quality and scope. The following items are not included as part of this agreement: • Construction survey and staking • Existing right-of-way survey / staking • Utility Survey • Traffic signal design of other traffic signal cabinet component updates • Traffic signal operations or advanced traffic management software support Supplemental services not included in the Agreement can be provided by Olsson under separate agreement, if desired. Tekniam, Inc. will be a sub-consultant to Olsson as part of this scope of services. SCHEDULE FOR OLSSON’S SERVICES Unless otherwise agreed or impacted by unforeseen reasons, Olsson anticipates performing services under the Agreement as follows: Anticipated Concept Statement Schedule: • March 2026 — March 17, 2026 (March 17, 2026 Concept Statement Submittal) Anticipated 60% Schedule: • April 2026 — September 2026 Anticipated ROW Plan Schedule: • April 2026 — September 2026 Anticipated Utility Coordination and Permitting Schedule: • July 2026 — November 2026 Anticipated Check Plans Schedule: • September 2026 — November 2026 (November 3, 2026 Check Plan Submittal Date to Iowa DOT) Anticipated Final Plans Schedule: • November 2026 — December 2026 (December 15, 2026 Final Plans Submittal Date to Iowa DOT) Anticipated Bidding Schedule: • December 2026 — March 2027 • Letting Date of March 16, 2027 Olsson will endeavor to start its services on the Anticipated Start Date and to complete its services on the Anticipated Completion Date. 212 Page 3 of 4 COMPENSATION Olsson shall perform the services in Phases 100 – 400 of the Scope of Services with a total project cost with estimated fee per phase shown below. Phase 1 – Project Management / Coordination / Meetings / QA/QC $37,642.00 Phase 2 – Systems Engineering and Construction Cost Review $5,654.00 Phase 3 – Communications Network Architectural Design $21,190.00 Phase 4 – Phase 5 PS&E Documents $193,408.00 Phase 5 – Phase 5 Construction Period Services & Integration Assistance $128,958.00 Expenses (Mileage) $2,218.50 Total Project Cost $389,070.50 Olsson’s Scope of Services for Phases/Expenses above will be provided on a time-and-expense basis not to exceed $389,070.50. Client shall pay to Olsson for the performance of the Scope of Services, the actual time of personnel performing such services in accordance with the Labor Billing Rate Schedule(s), and all actual reimbursable expenses attached to this agreement. Olsson shall submit invoices on a monthly basis, and payment is due within 30 calendar days of invoice date. TERMS AND CONDITIONS OF SERVICE We have discussed with you the risks, rewards and benefits of the Project, the Scope of Services, and our fees for such services and the Agreement represents the entire understanding between Client and Olsson with respect to the Project. The Agreement may only be modified in writing signed by both parties. Client’s designated Project Representative shall be Mr. Mark Gansen, Civil Engineer II. Olsson’s designated Project Representative shall be Tyler Wiles, Group Leader. The designated Project Representatives above shall be the primary contacts in the event of a dispute, it is understood that related correspondence will occur via email. If this Agreement satisfactorily sets forth your understanding of our agreement, please sign in the space provided below. Retain one original for your files and return an executed original to Olsson. This proposal will be open for acceptance for a period of 7 days from the date set forth above, unless changed by us in writing. 213 Page 4 of 4 OLSSON, INC. By By Chris Albrecht, Technical Expert Tyler Wiles, Group Leader By signing below, you acknowledge that you have full authority to bind Client to the terms of the Agreement. If you accept the terms set forth herein, please sign: City of Ames, Iowa By: _____________________________________ Dated: John Haila, Mayor Attachments General Provisions 2026 Olsson Billing Rate Schedule 214 Page 1 of 9 GENERAL PROVISIONS These General Provisions are attached to and made a part of the respective Letter Agreement or Master Agreement, dated March 4, 2025 between City of Ames, Iowa (“Client”) and Olsson, Inc. (“Olsson”) for professional services in connection with the project or projects arising under such Letter Agreement or Master Agreement (the “Project(s)”). As used herein, the term "this Agreement" refers to these General Provisions, the applicable Letter Agreement or Master Agreement, and any other exhibits or attachments thereto as if they were part of one and the same document. SECTION 1—OLSSON’S SCOPE OF SERVICES Olsson’s scope of services for the Project(s) is set forth in the applicable Letter Agreement or Master Agreement (“Scope of Services”). SECTION 2—ADDITIONAL SERVICES 2.1 Unless otherwise expressly included, Scope of Services does not include the categories of additional services set forth in Sections 2.2 and 2.3. 2.2 If Client and Olsson mutually agree for Olsson to perform any optional additional services as set forth in this Section 2.2 (“Optional Additional Services”), Client will provide written approval of the agreed-upon Optional Additional Services, and Olsson shall perform or obtain from others such services and will be entitled to an increase in compensation at rates provided in this Agreement. Olsson may elect not to perform all or any of the Optional Additional Services without cause or explanation: 2.2.1 Preparation of applications and supporting documents for governmental financial support of the Project(s); preparation or review of environmental studies and related services; and assistance in obtaining environmental approvals. 2.2.2 Services to make measured drawings of or to investigate existing conditions of facilities. 2.2.3 Services resulting from changes in the general scope, extent or character of the Project(s) or major changes in documentation previously accepted by Client where changes are due to causes beyond Olsson's control. 2.2.4 Services resulting from the discovery of conditions or circumstances which were not contemplated by Olsson at the commencement of this Agreement. Olsson shall notify Client of the newly discovered conditions or circumstances and Client and Olsson shall renegotiate, in good faith, the compensation for this Agreement, if amended terms cannot be agreed upon, Olsson may terminate this Agreement and Olsson shall be paid for its services through the date of termination. 2.2.5 Providing renderings or models. 2.2.6 Preparing documents for alternate bids requested by Client. 2.2.7 Analysis of operations, maintenance or overhead expenses; value engineering; the preparation of rate schedules; earnings or expense statements; cash flow or economic evaluations or; feasibility studies, appraisals or valuations. 2.2.8 Furnishing the services of independent professional associates or consultants for work beyond the Scope of Services. 2.2.9 Services necessary due to the Client’s award of more than one prime contract for the Project(s); services necessary due to the construction contract containing cost plus or incentive-savings provisions; services necessary in order to arrange for performance by persons other than the prime contractor; or those services necessary to administer Client’s contract(s). 2.2.10 Services in connection with staking out the work of contractor(s). 2.2.11 Services during out-of-town travel or visits to the site beyond those specifically identified in this Agreement. 2.2.12 Preparation of operating and maintenance manuals. 2.2.13 Services to redesign some or all of the Project(s). 2.2.14 Preparing to serve or serving as a consultant or witness or assisting Client with any litigation, arbitration or other legal or administrative proceeding. 2.2.15 Services relating to Construction Observation, Certification, Inspection, Construction Cost Estimating, project observation, construction management, construction scheduling, construction phasing or review of Contractor's performance means or methods. 2.3 Whenever, in its sole discretion, Olsson determines additional services as set forth in this Section 2.3 are necessary to avoid a delay in the completion of the Project(s) (“Necessary Additional Services”), Olsson shall perform or obtain from others such services without waiting for specific instructions from Client, and Olsson will be entitled to an increase in compensation for such services at the standard hourly billing rate charged for those employees performing the services, plus reimbursable expenses, if any: 2.3.1 Services in connection with work directive changes and/or change orders directed by the Client to any contractors. 2.3.2 Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by contractor(s); services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by contractor(s); or evaluating an unreasonable or extensive number of claims submitted by contractor(s) or others in connection with the Project(s). 2.3.3 Services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. 215 Page 2 of 9 2.3.4 Additional or extended services during construction made necessary by (1) work damaged during construction, (2) a defective, inefficient or neglected work by any contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, or (4) default by any contractor. SECTION 3—CLIENT'S RESPONSIBILITIES 3.1. Client shall provide all criteria and full information as to Client's requirements for the Project(s); designate and identify in writing a person to act with authority on Client's behalf in respect of all aspects of the Project(s); examine and respond promptly to Olsson's submissions; and give prompt written notice to Olsson whenever Client observes or otherwise becomes aware of any defect in the Olsson’s services. 3.2 Client agrees to pay Olsson the amounts due for services rendered and expenses within thirty (30) days after Olsson has provided its invoice for such services. In the event Client disputes any invoice item, Client shall give Olsson written notice of such disputed item within fifteen (15) days after receipt of such invoice and shall pay to Olsson the undisputed portion of the invoice according to the provisions hereof. If Client fails to pay any invoiced amounts when due, interest will accrue on each unpaid amount at the rate of thirteen percent (13%) per annum from the date due until paid according to the provisions of this Agreement. Interest shall not be charged on any disputed invoice item which is finally resolved in Client’s favor. Payment of interest shall not excuse or cure any default or delay in payment of amounts due. 3.2.1 If Client fails to make any payment due Olsson for services and expenses within thirty (30) days after receipt of Olsson's statement therefore, Olsson may, after giving seven (7) days written notice to Client, suspend services to Client under this Agreement until Olsson has been paid in full all amounts due for services, expenses and charges and Client will not obtain any license to any Work Product or be entitled to retain or use any Work Product pursuant to Section 7.1 unless and until Olsson has been paid in full and Client has fully satisfied all of its obligations under this Agreement. 3.3 Payments to Olsson shall not be withheld, postponed or made contingent on the construction, completion or success of the Project(s) or upon receipt by the Client of offsetting reimbursements or credit from other parties who may have caused the need for additional services. No withholdings, deductions or offsets shall be made from Olsson’s compensation for any reason unless and until Olsson has been found to be legally liable for such amounts. 3.4 Client shall also do the following and pay all costs incident thereto: 3.4.1 Furnish to Olsson any existing and/or required borings, probings or subsurface explorations; hydrographic surveys; laboratory tests or inspections of samples, materials or equipment; appropriate professional interpretations of any of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic or utility surveys; property descriptions; and/or zoning or deed restrictions; all of which Olsson may rely upon in performing services hereunder. 3.4.2 Guarantee access to and make all provisions for Olsson to enter upon public and private property reasonably necessary to perform its services on the Project(s). 3.4.3 Provide such legal, accounting, independent cost estimating or insurance counseling services as may be required for the Project(s); any auditing service required in respect of contractor(s)' applications for payment; and/or any inspection services to determine if contractor(s) are performing the work legally. 3.4.4 Provide engineering surveys to establish reference points for construction unless specifically included in Olsson’s Scope of Services. 3.4.5 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project(s). 3.4.6 If more than one prime contractor is to be awarded the contract for construction, designate a party to have responsibility and authority for coordinating and interfacing the activities of the various prime contractors. 3.4.7 All fees and other amounts payable by Client under this Agreement are exclusive of taxes and similar assessments. Without limiting the foregoing, Client is responsible and liable for all sales, service, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, county or local governmental authority on any amounts payable by Client under this Agreement, other than any taxes imposed on Olsson’s income. In the event any governmental authority assesses Olsson for taxes, duties, or charges of any kind in connection with Scope of Services provided by Olsson to Client, Olsson shall be entitled to submit an invoice to Client, its successors or assigns, for the amount of said assessment and related interest and penalties. Client shall pay such invoice in accordance with Olsson’s standard payment terms. 3.5 Client shall pay all costs incident to obtaining bids or proposals from contractor(s). 3.6 Client shall pay all permit application review costs for government authorities having jurisdiction over the Project(s). 3.7 Contemporaneously with the execution of this Agreement, Client shall designate in writing an individual to act as its duly authorized Project(s) representative. 3.8 Client shall bear sole responsibility for: 3.8.1 Jobsite safety. Neither the professional activities of Olsson, nor the presence of Olsson or its employees or sub- consultants at the Project shall impose any duty on Olsson relating to any health or safety laws, regulations, rules, programs or procedures. 3.8.2 Notifying third parties including any governmental agency or prospective purchaser, of the existence of any hazardous or dangerous materials located in or around the Project(s) site. 3.8.3 Providing and updating Olsson with accurate information regarding existing conditions, including the existence of hazardous or dangerous materials, proposed 216 Page 3 of 9 Project(s) site uses, any change in Project(s) plans, and all subsurface installations, such as pipes, tanks, cables and utilities within the Project(s) site. 3.8.4 Providing and assuming all responsibility for: interpretation of contract documents; Construction Observations; Certifications; Inspections; Construction Cost Estimating; project observations; construction management; construction scheduling; construction phasing; and review of Contractor’s performance, means and methods. Client waives any claims against Olsson and releases Olsson from liability relating to or arising out of such services and agrees, to the fullest extent permitted by law, to indemnify and hold Olsson harmless from any and all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, relating to such actions and services. 3.9 Client releases Olsson from liability for any incorrect advice, judgment or decision based on inaccurate information furnished by Client or others. 3.10 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including hazardous materials, encountered on the site, Olsson may immediately stop work in the affected area and report the condition to Client. Client shall be solely responsible for retaining independent consultant(s) to determine the nature of the material and to abate or remove the material. Olsson shall not be required to perform any services or work relating to or in the area of such material until the material has been removed or rendered harmless and only after approval, if necessary of the government agency with jurisdiction. SECTION 4—MEANING OF TERMS 4.1 The “Cost of Construction” of the entire Project(s) (herein referred to as "Cost of Construction") means the total cost to Client of those portions of the entire Project(s) designed and specified by Olsson, but it will not include Olsson's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include Client's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project(s) or the cost of other services to be provided by others to Client pursuant to Section 3. 4.2 The “Salary Costs”: Used as a basis for payment mean salaries and wages (base and incentive) paid to all Olsson's personnel engaged directly on the Project(s), including, but not limited to, engineers, architects, surveyors, designers, draftsmen, specification writers, estimators, other technical and business personnel; plus the cost of customary and statutory benefits, including, but not limited to, social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay and other group benefits. 4.3 “Certify” or “a Certification”: If included in the Scope of Services, such services shall be limited to a statement of Olsson’s opinion, to the best of Olsson’s professional knowledge, information and belief, based upon its periodic observations and reasonable review of reports and tests created by Olsson or provided to Olsson. Olsson shall not be responsible for constant or exhaustive observation of the work. Client understands and agrees that any certifications based upon discrete sampling observations and that such observations indicate conditions that exist only at the locations and times the observations were performed. Performance of such observation services and certification does not constitute a warranty or guarantee of any type, since even with diligent observation, some construction defects, deficiencies or omissions in the work may occur. Olsson shall have no responsibility for the means, methods, techniques, sequences or procedures selected by the contractor(s) or for the contractor’s safety precautions and programs nor for failure by the contractor(s) to comply with any laws or regulations relating to the performance or furnishing of any work by the contractor(s). Client shall hold its contractor(s) solely responsible for the quality and completion of the Project(s), including construction in accordance with the construction documents. Any duty under this Agreement is for the sole benefit of the Client and not for any third party, including the contractor(s) or any subcontractor(s). Olsson shall sign pre- printed form certifications only if (a) Olsson approves the form of such certification prior to the commencement of its services, (b) such certification is expressly included in the Scope of Services, (c) the certification is limited to a statement of professional opinion and does not constitute a warranty or guarantee, express or implied. It is understood that any certification by Olsson shall not relieve the Client or the Client’s contractors of any responsibility or obligation they may have by industry custom or under any contract. 4.4 “Opinion of Probable Cost”: An opinion of probable construction cost made by Olsson. In providing opinions of probable construction cost, it is recognized that neither the Client nor Olsson has control over the costs of labor, equipment or materials, or over the contractor’s methods of determining prices or bidding. The opinion of probable construction costs is based on Olsson’s reasonable professional judgment and experience and does not constitute a warranty, express or implied, that the contractor’s bids or the negotiated price of the work on the Project(s) will not vary from the Client’s budget or from any opinion of probable cost prepared by Olsson. 4.5 “Day”: A calendar day of 24 hours. The term “days” shall mean consecutive calendar days of 24 hours each, or fraction thereof. 4.6 “Construction Observation”: If included in the Scope of Services, such services during construction shall be limited to periodic visual observation and testing of the work to determine that the observed work generally conforms to the contract documents. Olsson shall not be responsible for constant or exhaustive observation of the work. Client understands and agrees that such visual observations are discrete sampling procedures and that such procedures indicate conditions that exist only at the locations and times the observations were performed. Performance of Construction Observation services does not constitute a warranty or guarantee of any type, since even with diligent observation, some construction defects, deficiencies or omissions in the work may occur. Olsson shall have no responsibility for the means, methods, techniques, sequences or procedures selected by the contractor or for the contractor’s safety precautions and programs nor for failure by the contractor to comply with any laws or regulations relating to the performance or furnishing of any work by the contractor. Client shall hold its contractor(s) solely responsible for the quality and completion of the Project(s), including construction in accordance with the construction documents. Any duty under this Agreement is for the sole benefit of the Client and not for 217 Page 4 of 9 any third party, including the contractor or any subcontractor. Client, or its designees shall notify Olsson at least twenty-four (24) hours in advance of any field tests and observations required by the construction documents. 4.7 “Inspect” or “Inspection”: If included in the Scope of Services, such services shall be limited to the periodic visual observation of the contractor’s completed work to permit Olsson, as an experienced and qualified professional, to determine that the observed work, generally conforms to the contract documents. Olsson shall not be responsible for constant or exhaustive observation of the work. Client understands and agrees that such visual observations are discrete sampling procedures and that such procedures indicate conditions that exist only at the locations and times the observations were performed. Performance of such observation services does not constitute a warranty or guarantee of any type, since even with diligent observation, some construction defects, deficiencies or omissions in the work may occur. Olsson shall have no responsibility for the means, methods, techniques, sequences or procedures selected by the contractor(s) or for the contractor’s safety precautions and programs nor for failure by the contractor(s) to comply with any laws or regulations relating to the performance or furnishing of any work by the contractor(s). Client shall hold its contractor(s) solely responsible for the quality and completion of the Project(s), including construction in accordance with the construction documents. Any duty under this Agreement is for the sole benefit of the Client and not for any third party, including the contractor(s) or any subcontractor(s). Client, or its designees, shall notify Olsson at least twenty-four (24) hours in advance of any inspections required by the construction documents. 4.8 “Record Documents”: Drawings prepared by Olsson upon the completion of construction based upon the drawings and other data furnished to Olsson by the Contractor and others showing significant changes in the work on the Project(s) made during construction. Because Record Documents are prepared based on unverified information provided by others, Olsson makes no warranty of the accuracy or completeness of the Record Documents. SECTION 5—TERMINATION 5.1 Either party may terminate this Agreement, for cause upon giving the other party not less than seven (7) calendar days written notice of default for any of the following reasons; provided, however, that the notified party shall have the same seven (7) calendar day period in which to cure the default: 5.1.1 Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party; 5.1.2 Assignment of this Agreement or transfer of the Project(s) by either party to any other entity without the prior written consent of the other party; 5.1.3 Suspension of the Project(s) or Olsson’s services by the Client for more than ninety (90) calendar days, consecutive or in the aggregate. 5.2 In the event of a “for cause” termination of this Agreement by either party, the Client shall, within fifteen (15) calendar days after receiving Olsson’s final invoice, pay Olsson for all services rendered and all reimbursable costs incurred by Olsson up to the date of termination, in accordance with the payment provisions of this Agreement. 5.2.1 In the event of a “for cause” termination of this Agreement by Client and (a) a final determination of default is entered against Olsson under Section 6.2 and (b) Client has fully satisfied all of its obligations under this Agreement, Olsson shall grant Client a limited license to use the Work Product pursuant to Section 7.1. 5.3 The Client may terminate this Agreement for the Client’s convenience and without cause upon giving Olsson not less than seven (7) calendar days written notice. In the event of any termination that is not the fault of Olsson, the Client shall pay Olsson, in addition to payment for services rendered and reimbursable costs incurred, for all expenses reasonably incurred by Olsson in connection with the orderly termination of this Agreement, including but not limited to demobilization, reassignment of personnel, associated overhead costs, any fees, costs or expenses incurred by Olsson in preparing or negotiating any proposals submitted to Client for Olsson’s Scope of Services or Optional Additional Services under this Agreement and all other expenses directly resulting from the termination and a reasonable profit of ten percent (10%) of Olsson’s actual costs (including overhead) incurred. SECTION 6—DISPUTE RESOLUTION 6.1. Mediation 6.1.1 All questions in dispute under this Agreement shall be submitted to mediation. On the written notice of either party to the other of the election to submit any dispute under this Agreement to mediation, each party shall designate their representatives and shall meet within ten (10) days after the service of the notice. The parties themselves shall then attempt to resolve the dispute within ten (10) days of meeting. 6.1.2 Should the parties themselves be unable to agree on a resolution of the dispute, and then the parties shall appoint a third party who shall be a competent and impartial party and who shall be acceptable to each party, to mediate the dispute. Any third party mediator shall be qualified to evaluate the performance of both of the parties, and shall be familiar with the design and construction progress. The third party shall meet to hear the dispute within ten (10) days of their selection and shall attempt to resolve the dispute within fifteen (15) days of first meeting. 6.1.3 Each party shall pay the fees and expenses of the third party mediator and such costs shall be borne equally by both parties. 6.2 Arbitration or Litigation 6.2.1 Olsson and Client agree that from time to time, there may be conflicts, disputes and/or disagreements between them, arising out of or relating to the services of Olsson, the Project(s), or this Agreement (hereinafter collectively referred to as “Disputes”) which may not be resolved through mediation. Therefore, Olsson and Client agree that all Disputes shall be resolved by binding arbitration or litigation at the sole discretion and choice of Olsson. If Olsson chooses arbitration, the arbitration proceeding shall proceed in accordance with the Construction Industry Arbitration Rules of the AAA. 218 Page 5 of 9 6.2.2 Client hereby agrees that Olsson shall have the right to include Client, by consolidation, joinder or other manner, in any arbitration or litigation involving Olsson and a subconsultant or subcontractor of Olsson or Olsson and any other person or entity, regardless of who originally initiated such proceedings. 6.2.3 If Olsson chooses arbitration or litigation, either may be commenced at any time prior to or after completion of the Project(s), provided that if arbitration or litigation is commenced prior to the completion of the Project(s), the obligations of the parties under the terms of this Agreement shall not be altered by reason of the arbitration or litigation being conducted. Any arbitration hearings or litigation shall take place in Lincoln, Nebraska, the location of Olsson’s home office. 6.2.4 Except to the extent prohibited by law, the prevailing party in any arbitration or litigation relating to any Dispute shall be entitled to recover from the other party those reasonable attorney fees, costs and expenses incurred by the prevailing party in connection with the Dispute. In the event of a Dispute involving a Claim (as hereinafter defined) against Olsson, Olsson shall be considered the “prevailing party” if Client is awarded materially less than the full amount of damages claimed by the Client in connection with the Dispute. In all other Disputes, “prevailing party” shall mean the party (if any) who obtains all, or substantially all, of the relief requested by that party in connection with the Dispute. 6.3 Certification of Merit Client agrees that it will not assert any claim, including but not limited to, professional negligence, negligence, breach of contract, misconduct, error, omission, fraud, or misrepresentation (“Claim”) against Olsson, or any Olsson subconsultant, unless Client has first provided Olsson with a sworn certificate of merit affidavit setting forth the factual and legal basis for such Claim (the “Certificate”). The Certificate shall be executed by an independent engineer (“Certifying Engineer”) currently licensed and practicing in the jurisdiction of the Project site. The Certificate must contain: (a) the name and license number of the Certifying Engineer; (b the qualifications of the Certifying Engineer, including a list of all publications authored in the previous 10 years and a list of all cases in which the Certifying Engineer testified within the previous 4 years ; (c) a statement by the Certifying Engineer setting forth the factual basis for the Claim; (d) a statement by the Certifying Engineer of each and every act, error, or omission that the Certifying Engineer contends supports the Claim or any alleged violation of any applicable standard of care; (e) a statement by the Certifying Engineer of all opinions the Certifying Engineer holds regarding the Claim or any alleged violation of any applicable standard of care; (f) a list of every document related to the Project reviewed by the Certifying Engineer; and (g) a list of every individual who provided Certifying Engineer with any information regarding the Project. The Certificate shall be provided to Olsson not less than thirty (30) days prior to any arbitration or litigation commenced by Client or not less than ten (10) days prior to the initial response submitted by Client in any arbitration or litigation commenced by someone other than Client. The Certificate is a condition precedent to the right of Client to assert any Claim in any litigation or arbitration and Client’s failure to timely provide a Certificate to Olsson will be grounds for automatic dismissal of the Claim with prejudice. In any such instance, Olsson shall be entitled to an award of attorney’s fees, costs, and expenses. SECTION 7—MISCELLANEOUS 7.1 Reuse of Documents All documents, including drawings, specifications, reports, boring logs, maps, field data, data, test results, information, recommendations, or opinions prepared or furnished by Olsson (and Olsson's independent professional associates and consultants) pursuant to this Agreement (“Work Product”), are all Olsson’s instruments of service, do not constitute goods or products, and are copyrighted works of Olsson. Olsson shall retain an ownership and property interest in such Work Product whether or not the Project(s) is completed. If Client has fully satisfied all of its obligations under this Agreement, Olsson shall grant Client a limited license to use the Work Product and Client may make and retain copies of Work Product for use in connection with the Project(s); however, such Work Product is for the exclusive use and benefit of Client or its agents in connection with the Project(s), are not intended to inform, guide or otherwise influence any other entities or persons with respect to any particular business transactions, and should not be relied upon by any entities or persons other than Client or its agents for any purpose other than the Project(s). Such Work Product is not intended or represented to be suitable for reuse by Client or others on extensions of the Project(s) or on any other Project(s). Client will not distribute or convey such Work Product to any other persons or entities without Olsson's prior written consent which shall include a release of Olsson from liability and indemnification by the third party. Any reuse of Work Product without written verification or adaptation by Olsson for the specific purpose intended will be at Client's sole risk and without liability or legal exposure to Olsson, or to Olsson's independent professional associates or consultants, and Client shall indemnify and hold harmless Olsson and Olsson's independent professional associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation of Work Product will entitle Olsson to further compensation at rates to be agreed upon by Client and Olsson. 7.2 Electronic Files By accepting and utilizing any electronic file of any Work Product or other data transmitted by Olsson, the Client agrees for itself, its successors, assigns, insurers and all those claiming under or through it, that by using any of the information contained in the attached electronic file, all users agree to be bound by the following terms. All of the information contained in any electronic file is the work product and instrument of service of Olsson, who shall be deemed the author, and shall retain all common law, statutory law and other rights, including copyrights, unless the same have previously been transferred in writing to the Client. The information contained in any electronic file is provided for the convenience to the Client and is provided in “as is” condition. The Client is aware that differences may exist between the electronic files transferred and the printed hard-copy original signed and stamped drawings or reports. In the event of a conflict between the signed original documents prepared by Olsson and the electronic files, which may be transferred, the signed and sealed original documents shall govern. Olsson specifically disclaims all warranties, expressed or implied, including without limitation, and any warranty of merchantability or fitness for a particular purpose with respect to any electronic files. It shall be Client’s responsibility to confirm the accuracy of the information contained in the electronic file and that it accurately reflects the information needed by the Client. Client 219 Page 6 of 9 shall not retransmit any electronic files, or any portion thereof, without including this disclaimer as part of any such transmissions. In addition, Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Olsson, its officers, directors, employees and sub consultants against any and all damages, liabilities, claims or costs, including reasonable attorney’s and expert witness fees and defense costs, arising from any changes made by anyone other than Olsson or from any reuse of the electronic files without the prior written consent of Olsson. 7.3 Opinion of Probable Cost Since Olsson has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s)' methods of determining prices, or over competitive bidding or market conditions, Olsson's Opinion of Probable Cost provided for herein is made on the basis of Olsson's experience and qualifications and represent Olsson's best judgment as an experienced and qualified professional engineer, familiar with the construction industry. Client acknowledges and agrees that Olsson cannot and does not guarantee proposals or bids and that actual total Project(s) or construction costs may reasonably vary from Olsson’s Opinion of Probable Cost. If prior to the bidding or negotiating phase Client wishes greater assurance as to total Project(s) or construction costs, Client shall employ an independent cost estimator as provided in paragraph 3.4.3. If Olsson’s Opinion of Probable Cost was performed in accordance with its standard of care and was reasonable under the total circumstances, any services performed by Olsson to modify the contract documents to bring the construction cost within any limitation established by Client will be considered Optional Additional Services and paid for as such by Client. If, however, Olsson’s Opinion of Probable Cost was not performed in accordance with its standard of care and was unreasonable under the total circumstances and the lowest negotiated bid for construction of the Project(s) unreasonably exceeds Olsson's Opinion of Probable Cost, Olsson shall modify its work as necessary to adjust the Project(s)’ size, and/or quality to reasonably comply with the Client’s budget at no additional cost to Client. Under such circumstances, Olsson’s modification of its work at no cost shall be the limit of Olsson’s responsibility with regard to any unreasonable Opinion of Probable Cost. 7.4 Prevailing Wages It is Client's responsibility to determine whether the Project(s) is covered under any prevailing wage regulations. Unless Client specifically informs Olsson in writing that the Project(s) is a prevailing wage project and is identified as such in the Scope of Services, Client agrees to reimburse Olsson and to defend, indemnify and hold harmless Olsson from and against any liability, including costs, fines and attorneys' fees, resulting from a subsequent determination that the Project(s) was covered under any prevailing wage regulations. 7.5 Samples All material testing samples shall remain the property of the Client. If appropriate, Olsson shall preserve samples obtained no longer than forty-five (45) days after the issuance of any document that includes the data obtained from those samples. After that date, Olsson may dispose of the samples or return them to Client at Client's cost. 7.6 Standard of Care Olsson will strive to perform its services in a manner consistent with that level of care and skill ordinarily exercised by members of Olsson’s profession providing similar services in the same locality under similar circumstances at the time Olsson’s services are performed. This Agreement creates no other representation, warranty or guarantee, express or implied. 7.7 Force Majeure Any delay in the performance of any of the duties or obligations of either party hereto (except the payment of money) shall not be considered a breach of this Agreement and the time required for performance shall be extended for a period equal to the period of such delay, provided that such delay has been caused by or is the result of any acts of God, acts of the public enemy, insurrections, riots, embargoes, labor disputes, including strikes, lockouts, job actions, boycotts, fires, explosions, floods, shortages of material or energy, or other unforeseeable causes beyond the control and without the fault or negligence of the party so affected. The affected party shall give prompt notice to the other party of such cause, and shall take promptly whatever reasonable steps are necessary to relieve the effect of such cause. 7.8 Equal Employment Opportunity Olsson and any sub-consultant or subcontractor shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60- 741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status. 7.9 Confidentiality In performing this Agreement, the parties may disclose to each other written, oral, electronic, graphic, machine-readable, tangible or intangible, non-public, confidential or proprietary data or information in any form or medium, including but not limited to: (1) information of a business, planning, marketing, conceptual, design, or technical nature; (2) models, tools, hardware, software or source code; and (3) any documents, videos, photographs, audio files, data, studies, reports, flowcharts, works in progress, memoranda, notes, files or analyses that contain, summarize or are based upon any non- public, proprietary or confidential information (hereafter referred to as the "Information"). The Information is not required to be marked as confidential. 7.9.1 Therefore, Olsson and Client agree that the party receiving Information from the other party to this Agreement (the “Receiving Party”) shall keep Information confidential and not use the Information in any manner other than in the performance of this Agreement without prior written approval of the party disclosing Information (the “Disclosing Party”) unless Client is a public entity and the release of Information is required by law or legal process. 220 Page 7 of 9 7.9.2 Prior to the start of construction on the Project, the existence of discussions between the parties, the purpose of this Agreement, and this Agreement shall be considered Information subject to the confidentiality provisions of this Agreement. 7.9.3 Notwithstanding anything to the contrary herein, the Receiving Party shall have no obligation to preserve the confidentiality of any Information which: 7.9.3.1 was previously known to the Receiving Party free of any obligation to keep it confidential; or 7.9.3.2 is or becomes publicly available by other than unauthorized disclosures; or 7.9.3.3 is independently developed by the Receiving Party without a breach of this Agreement; or 7.9.3.4 is disclosed to third parties by the Disclosing Party without restrictions; or 7.9.3.5 is received from a third party not subject to any confidentiality obligations. 7.9.4 In the event that the Receiving Party is required by law or legal process to disclose any of Information of the Disclosing Party, the Receiving Party required to disclose such Information shall provide the Disclosing Party with prompt oral and written notice, unless notice is prohibited by law (in which case such notice shall be provided as early as may be legally permissible), of any such requirement so that the Disclosing Party may seek a protective order or other appropriate remedy. 7.9.5 Notwithstanding anything to the contrary herein (or to the contrary of any existing or future nondisclosure, confidentiality or similar agreement between the parties), Olsson is authorized, to use, display, reproduce, publish, transmit, and distribute Information (including, but not limited to, videos and photographs of the Project) on and in any and all formats and media (including, but not limited to, Olsson’s internet website) throughout the world and in all languages in connection with or in any manner relating to the marketing, advertising, selling, qualifying, proposing, commercializing, and promotion of Olsson and/or its services and business and in connection with any other lawful purpose of Olsson. In the event of any conflict or inconsistency between the provisions of this section and any other prior or future nondisclosure, confidentiality or similar agreement between the parties, the terms of this section shall take precedence. 7.9.6 Nothing contained in this Agreement shall be construed as altering any rights that the Disclosing Party has in the Information exchanged with or disclosed to the Receiving Party, and upon request, the Receiving Party will return all Information received in tangible form to the Disclosing Party, or at the Receiving Party’s option, destroy all such Information. If the Receiving Party exercises its option to destroy the Information, the Receiving Party shall certify such destruction to the Disclosing Party. 7.9.7 The parties acknowledge that disclosure or use of Information in violation of this Agreement could cause irreparable harm for which monetary damages may be difficult to ascertain or constitute an inadequate remedy. Each party therefore agrees that the Disclosing Party shall be entitled in addition to its other rights to seek injunctive relief for any violation of this Agreement. 7.9.8 The obligations of confidentiality set forth herein shall survive termination of this Agreement but shall only remain in effect for a period of one (1) year from the date the Information is first disclosed. 7.10 Damage or Injury to Subterranean Structures or Utilities, Hazardous Materials, Pollution and Contamination 7.10.1 To the extent that work pursuant to this Agreement requires any sampling, boring, excavation, ditching or other disruption of the soil or subsurface at the Site, Olsson shall confer with Client prior to such activity and Client will be responsible for identifying, locating and marking, as necessary, any private subterranean structures or utilities and Olsson shall be responsible for arranging investigation of public subterranean structures or utilities through an appropriate utility one-call provider. Thereafter, Olsson shall take all reasonable precautions to avoid damage or injury to subterranean structures or utilities which were identified by Client or the one- call provider. Olsson shall not be responsible for any damage, liability or costs, for any property damage, injury or economic loss arising or allegedly arising from damages to subterranean structures or utilities caused by subsurface penetrations in locations approved by Client and/or the one call provider or not correctly shown on any plans, drawings or utility clearance provided to Olsson, except for damages caused by the negligence of Olsson in the use of such information. 7.10.2 It is understood and agreed that any assistance Olsson may provide Client in the disposal of waste materials shall not result in Olsson being deemed as a generator, arranger, transporter or disposer of hazardous materials or hazardous waste as defined under any law or regulation. Title to all samples and waste materials remains with Client, and at no time shall Olsson take title to the above material. Client may authorize Olsson to execute Hazardous Waste Manifest, Bill of Lading or other forms as agent of Client. If Client requests Olsson to execute such documents as its agent, the Hazardous Waste Manifest, Bill of Lading or other similar documents shall be completed in the name of the Client. Client agrees to indemnify and hold Olsson harmless from any and all claims that Olsson is a generator, arranger, transporter, or disposer of hazardous waste as a result of any actions of Olsson, including, but not limited to, Olsson signing a Hazardous Waste Manifest, Bill of Lading or other form on behalf of Client. 7.10.3 At any time, Olsson can request in writing that Client remove samples, cuttings and hazardous substances generated by the Project(s) from the project site or other location. Client shall promptly comply with such request, and pay and be responsible for the removal and lawful disposal of samples, cuttings and hazardous substances, unless other arrangements are mutually agreed upon in writing. 7.10.4 Client shall release Olsson of any liability for, and shall defend and indemnify Olsson against any and all claims, liability and expense resulting from operations under this Agreement on account of injury to, destruction of, or loss or impairment of any property right in or to oil, gas, or other mineral substance or water, if at the time of the act or omission causing such injury, destruction, loss or impairment, said substance had not been reduced to physical possession above the surface of 221 Page 8 of 9 the earth, and for any loss or damage to any formation, strata, reservoir beneath the surface of the earth. 7.10.5 Notwithstanding anything to the contrary contained herein, it is understood and agreed by and between Olsson and Client that the responsibility for pollution and contamination shall be as follows: 7.10.5.1 Unless otherwise provided herein, Client shall assume all responsibility for, including control and removal of, and protect, defend and save harmless Olsson from and against all claims, demands and causes of action of every kind and character arising from pollution or contamination (including naturally occurring radioactive material) which originates above the surface of the land or water from spills of fuels, lubricants, motor oils, pipe dope, paints, solvents, ballast, bilge and garbage, except unavoidable pollution from reserve pits, wholly in Olsson’s possession and control and directly associated with Olsson’s equipment. 7.10.5.2 In the event a third party commits an act or omission which results in pollution or contamination for which either Olsson or Client, for whom such party is performing work, is held to be legally liable, the responsibility therefore shall be considered as between Olsson and Client, to be the same as if the party for whom the work was performed had performed the same and all of the obligations regarding defense, indemnity, holding harmless and limitation of responsibility and liability, as set forth herein, shall be specifically applied. 7.11 Controlling Law and Venue The parties agree that this Agreement and any legal actions concerning its validity, interpretation or performance shall be governed by the laws of the State of Nebraska. It is further agreed that any legal action between the parties arising out of this Agreement or the performance of services shall be brought in a court of competent jurisdiction in Nebraska. 7.12 Subconsultants Olsson may utilize as necessary in its discretion subconsultants and other subcontractors. Olsson will be paid for all services rendered by its subconsultants and other subconsultants as set forth in this Agreement. 7.13 Assignment 7.13.1 Client and Olsson each are hereby bound and the partners, successors, executors, administrators and legal representatives of Client and Olsson (and to the extent permitted by paragraph 7.13.2 the assigns of Client and Olsson) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 7.13.2 Neither Client nor Olsson shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Olsson from employing such subconsultants and other subcontractors as Olsson may deem appropriate to assist in the performance of services under this Agreement. 7.13.3 Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than Client and Olsson, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Client and Olsson and not for the benefit of any other party. There are no third-party beneficiaries of this Agreement. 7.14 Indemnity Olsson and Client mutually agree, to the fullest extent permitted by law, to indemnify and hold each other harmless from any and all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, relating to third party personal injury or third party property damage and arising from their own negligent acts, errors or omissions in the performance of their services under this Agreement, but only to the extent that each party is responsible for such damages, liabilities or costs on a comparative basis of fault. 7.15 Limitation on Damages 7.15.1 Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither party’s individual employees, principals, officers or directors shall be subject to personal liability or damages arising out of or connected in any way to the Project(s) or to this Agreement. 7.15.2 Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither Client nor Olsson, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any delay damages, any punitive damages or any incidental, indirect or consequential damages arising out of or connected in any way to the Project(s) or to this Agreement. This mutual waiver of delay damages and consequential damages shall include, but is not limited to, disruptions, accelerations, inefficiencies, increased construction costs, increased home office overhead, loss of use, loss of profit, loss of business, loss of income, loss of reputation or any other delay or consequential damages that either party may have incurred from any cause of action including, but not limited to, negligence, statutory violations, misrepresentation, fraud, deceptive trade practices, breach of fiduciary duties, strict liability, breach of contract and/or breach of strict or implied warranty. Both the Client and Olsson shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in the Project(s). 7.15.3 Notwithstanding any other provision of this Agreement, Client agrees that, to the fullest extent permitted by law, Olsson’s total liability to the Client for any and all injuries, claims, losses, expenses, damages, attorneys’ fees or claims expenses of any kind arising from any services provided by or through Olsson under this Agreement, shall not exceed the amount of Olsson’s fee earned under this Agreement. Client acknowledges that such causes include, but are not limited to, negligence, statutory violations, misrepresentation, fraud, deceptive trade practices, breach of fiduciary duties, strict 222 Page 9 of 9 liability, breach of contract and/or breach of strict or implied warranty. This limitation of liability shall apply to all phases of Olsson’s services performed in connection with the Project(s), whether subsequent to or prior to the execution of this Agreement. 7.16 Entire Agreement/Severability This Agreement supersedes all prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement must be in writing and signed by the Client and Olsson. If any part of this Agreement is found to conflict with applicable law, such part alone shall be null and void and considered stricken, but the remainder of this Agreement shall be given full force and effect. 223 2026 Olsson Billing Rates (Traffic & Technology Team) Classification Billing Rate 2026 Olsson Billing Rates (Traffic and Technology Team) Table Number : 12004 Eff. 01/2026 1 of 2 Executive Vice President $ 473.00 Market Leader $ 411.00 Discipline/Geography Leader $ 402.00 Sector Leader $ 355.00 Technical Expert $ 309.00 Senior Project Manager $ 309.00 Client Relationship Manager $ 309.00 Senior Team Leader $ 315.00 Client Manager/Group Leader $ 285.00 Project Manager III $ 265.00 Project Manager II $ 210.00 Project Manager I $ 163.00 Lead Engineer $ 333.00 Senior Engineer $ 265.00 Project Engineer $ 213.00 Engineer $ 183.00 Associate Engineer $ 160.00 Assistant Engineer $ 143.00 Lead Scientist $ 224.00 Senior Scientist $ 196.00 Project Scientist $ 163.00 Scientist $ 140.00 Associate Scientist $ 124.00 Assistant Scientist $ 105.00 Lead Planner $ 237.00 Senior Planner $ 203.00 Project Planner $ 168.00 Planner $ 149.00 Associate Planner $ 129.00 Assistant Planner $ 112.00 Lead Landscape Architect $ 227.00 Senior Landscape Architect $ 199.00 Project Landscape Architect $ 168.00 Landscape Architect $ 149.00 Associate Landscape Designer $ 129.00 Assistant Landscape Designer $ 114.00 Commissioning Manager/Technical Manager $ 250.00 Commissioning Agent $ 222.00 Commissioning Senior Technician $ 189.00 Commissioning AssociateTechnician $ 159.00 Commissioning Assistant Technician $ 135.00 Design Manager/Technical Manager $ 189.00 Design Associate $ 162.00 Senior Technician $ 122.00 Associate Technician $ 114.00 Assistant Technician $ 98.00 GIS Specialist $ 212.00 Network Services Senior Specialist $ 203.00 Stormwater Compliance Leader/Sr Specialist $ 205.00 224 2026 Olsson Billing Rates (Traffic & Technology Team) Classification Billing Rate 2026 Olsson Billing Rates (Traffic and Technology Team) Table Number : 12004 Eff. 01/2026 2 of 2 Stormwater Compliance Specialist/Sr Coordinator $ 157.00 Stormwater Compliance Coordinator $ 124.00 Stormwater Compliance Assistant $ 100.00 Business Development Leader/Sr Specialist $ 262.00 Business Development Specialist $ 203.00 Student Intern - Level 3 $ 114.00 Student Intern - Level 2 $ 98.00 Student Intern - Level 1 $ 82.00 Public Engagement Specialist/Sr Coordinator $ 140.00 Public Engagement Coordinator $ 110.00 Public Engagement Assistant $ 93.00 Administrative Leader $ 177.00 Administrative Sr Specialist/Manager $ 121.00 Administrative Senior Coordinator $ 107.00 Administrative Coordinator II $ 98.00 Administrative Coordinator I $ 80.00 Administrative Assistant $ 70.00 Project Senior Coordinator $ 136.00 Project Coordinator $ 108.00 Note: Olsson’s labor rates will increase by 5% on January 1st every year of a multi-year contract Billing Rate Schedules for Surveying, Construction Administration, Drilling, and Special Inspections/NDT/Materials Testing will be provided as Appendices, as needed. 225 ATTACHMENT A 22 6 ATTACHMENT B SCOPE OF SERVICES TASK 1 - PROJECT MANAGEMENT / COORDINATION / MEETINGS / QA/QC The COMPANY shall be responsible for overall project management and for coordination activities for this project. To complete this task, the COMPANY will schedule and coordinate design and management activities and complete required quality assurance / quality control reviews to ensure compliance with project goals and timelines. In addition, the COMPANY will attend required coordination meetings with City staff and Contractors. Coordination meetings will be held monthly, or farther apart as determined necessary, with City staff and Contractors for the duration of the design and construction project. • Progress Meetings. Progress meetings will be held with key project team members including Agency staff (CITY, Iowa DOT as needed, Ames Area MPO as needed) and COMPANY to discuss project status, deliverables, schedule, action items, and issue identification/resolution. • Technical Meetings. Technical meetings will be held throughout the project to facilitate the timely completion of key tasks. These will be combined, when possible, with other scheduled project meetings to increase efficiency and reduce staff time. For the purposes of this scope of services, it is anticipated that the technical coordination meetings will occur monthly, one-hour in length, be held over Microsoft Teams, and attend by three COMPANY representatives. • Quality control will be provided, at the direction of the Project Manager and Quality Control team, throughout the duration of the project and prior to the submittal of key project deliverables based on the Project Quality Control Plan. To complete these design services, the following list of information will be provided by the CITY, partner agencies, and/or previous phase engineers and contractors if requested: • Plans and files denoting fiber infrastructure, fiber splicing, and fiber usage • GIS databases of streets, signals, communications infrastructure, right-of- way/parcel boundaries, and other facilities • Plans, lists, and reports detailing previously completed signal and ITS deployment studies or recommendations • Shop Drawing and/or specifications for previously installed signal and ITS infrastructure devices • Current City signal, ITS and IT standards • Previous phase CAD files, including all base files and plan sheet files The above is not a comprehensive listing of all data that could be requested. Additional requests from the COMPANY for data are anticipated to be made during the design phase, as necessary. 227 Task 1 Deliverables Design and planning efforts completed as part of Task 1 will result in the following deliverables: • Monthly invoicing for design service. • Quality Control Plan. • Project coordination and administration. • Attendance at required project meetings. • Meeting minutes and records of decisions that affect this design project. TASK 2 - SYSTEMS ENGINEERING AND CONSTRUCTION COST REVIEW TASK 2.1 — Needs Assessment Review and Updates The original Needs Assessment was created as part of the Traffic Signal Master Plan. This assessment will be reviewed and updated based upon current CITY and stakeholder needs. As part of the Needs Assessment update, the COMPANY will review with the CITY current standards for various traffic signal devices and communication system deployments. Needs for updates to Requirements and Verification Plan to guide improvement design efforts will be assessed. TASK 2.2 - Construction Cost Review The COMPANY will review past construction letting bid forms and Contractor filled out schedule of unit price tables from Phase 1, Phase 2, Phase 3, and Phase 4 construction projects to refine the planning level construction cost values used in the City of Ames Traffic Network Master Plan (Final Report, April 22nd, 2020) document. The refined planning level construction values will be used as part of the Phase 5 project to optimize the Engineer's Opinion of Probable Cost document (Task 4.3). Task 2 Deliverables Design and planning efforts completed as part of Task 2 will result in the following deliverables: • Any required updates to existing Needs Assessment • 11x17 Schedule of Unit Cost Table (Excel and PDF) for Phase 1, Phase 2, Phase 3, and Phase 4 228 TASK 3 — COMMUNICATION NETWORK ARCHITECTURAL DESIGN TASK 3.1 - IP/VLAN Schema and Design The COMPANY will create/update the required IP Schema and virtual local area network (VLAN) design for the traffic communication network as associated with Phase 5. The VLANs will logically separate critical data and allow for IP subnets to flexibly span the communication system in a secure manner. When the design is approved, all network settings and configurations will be tested by the COMPANY in a bench environment before deployment to the field. The utilized IP address ranges and numbering scheme will be logically defined for both device types and locations. TASK 3.2 - VLANs, Firewall and Security Design The COMPANY will work with CITY and other agencies to update and maintain the physical and logical network design that routes all traffic system communication between network elements and devices. TASK 3.3 - Network Communication Device Standards The COMPANY will recommend communication equipment that will be used to build the traffic signal communication network. The equipment will include Layer III switches/routers, Layer II switches, fiber optic cabling, and other equipment that is determined necessary to create a fully functional network. TASK 3.4 - Switch Programming Templates and Configurations The COMPANY will create and maintain the templates and configurations for the various communication network devices and switches to be deployed as part of the Phase 5 project. These configurations will be updated throughout the life of the project and maintained by the COMPANY for use in future phases of the Ames ITS Program. It is understood that Phase 5 is the final phase of the initial ITS / Traffic Singal Master Plan Program; however, it is realized there may be additions by the City in future. TASK 3.5 - Network Topology Design The COMPANY will create and maintain the detailed high level network layouts and exhibits that depict communication network hub locations utilizing Single-Mode (SM) fiber optic strands, cross-connects with other agencies fiber infrastructure, and other significant network connection items or locations. TASK 3.6 - Fiber Splice Diagrams and Design The COMPANY will update and maintain the fiber optic splice diagrams and schematics for network connections between existing, modified existing, and proposed fiber optic cable installations. The COMPANY will prepare detailed layouts of new fiber optic connections and routes that will be used in the development of the fiber optic cable improvement plans and documents, and for the detailed logical VLAN design documents for the Phase 5 locations. 229 TASK 3.7 - Fiber Standard Details Details required for fiber splicing, fiber allocation, fiber terminations and port assignments shall be created by the COMPANY. Standardizing typical details and diagrams allow for consistent construction and operations across the network. This is important during maintenance periods where technicians can reference a general template for repairs. Task 3 Deliverables Design and planning efforts completed as part of Task 3 will result in the following deliverables to Owner: • Identification and layout of any existing fiber optic network in place and functioning before the design of this project. • Develop Network Architecture document that details the network topology, IP schema, VLAN design and usage criteria, minimum Layer 2 switch specification, network security protocols, and fiber splicing and connection information required for completion of this project. • Typical fiber termination and splice diagrams for all cross-connect, connection hubs, and signalized intersections on the communications network. • Tabulation of ITS and signal cabinets, detailing installed equipment and connections. TASK 4 - PHASE 5 PS&E DOCUMENTS The COMPANY shall design and prepare plans, special provision, and estimate (PS&E) documents for the deployment of Phase 5 upgrades for purposes of public bidding. It is understood that the project will utilize funding from the Iowa DOT Iowa Clean Air Attainment Program (ICAAP) (fully federalized), will require Iowa DOT letting, development of Iowa DOT special provisions, and plan set review by Iowa DOT. It is understood that this scope of services applies to Phase 5 design documents. Additional network improvement phases are anticipated to be added to this project as amendment(s) to this agreement. TASK 4.1 – Concept Statement The COMPANY will prepare the Concept Statement to be submitted to the Iowa DOT by 3/17/2026 from Major Project classification (I.M. 3.010) due to railroad crossing/permitting involvement. TASK 4.2 - Preliminary (60%) Phase 5 Construction Plans The COMPANY shall design and prepare 1" =40’ scale / color preliminary Phase 5 — Plans for the project associated intersections and network topology update areas. The preliminary plans shall include title sheet, general notes sheet, layout sheets, fiber/communication topology details, and detail sheets. The layout sheets shall include approximate existing locations of communication pull boxes/handholes, controller cabinets, and conduit runs. The traffic signal plans shall be based upon aerial imagery and right-of-way/parcel boundary shapefiles provided by the CITY. The COMPANY shall coordinate with the CITY to obtain the aerial base mapping, right-of-way/parcel boundary, and fiber conduit routing shapefiles. 230 The proposed Phase 5 plan design shall be based upon the following assumptions: • Conduit installations shall be installed within existing right-of-way/parcel boundary lines. The traffic signal system interconnect conduit/handhole layout will be cognizant of existing right-of-way/parcel boundary lines and all efforts will be made to design improvements within existing boundary lines if possible. It is not anticipated that right-of-way and/or temporary easement acquisitions will be necessary as part of the project; however, if found to be necessary as part of the design process, can be added as an amendment to this Scope of Services. • Boundary, topographic, legal, property survey, or construction staking services are not included in this scope of services. • Existing traffic signal poles, traffic signal cabinets and foundations, signal/pedestrian heads, push buttons, and power services at the project intersection locations to remain as constructed. • Existing traffic signal system and adjacent signal wiring “home-run” handhole in the current locations will be utilized (as feasible, Type 1, Type 2, and Type 3 handholes will be replaced with Type 4 style handhole). o Existing traffic signal cabinet will remain as constructed & controller will be replaced o Vehicle detection will be replaced with NoTraffic brand vehicle detection o New Layer 2 ethernet switch will be installed in each cabinet o New fiber terminations enclosure/panel(s) will be installed in each cabinet and fiber terminations completed o New Pan/Tilt/Zoom cameras will be installed at select intersections o New battery back-up systems will be installed at select intersections o New Remote managed power strips will be installed at each cabinet • At project intersection locations where a dedicated interconnect pull box adjacent to the traffic signal cabinet does not exist, a new dedicated interconnect pull box will be installed. • Existing traffic signal related cabling/wiring, conduits, handholes will be utilized (as feasible). • New conduit may be required to be installed across roadway approaches and existing curb returns and sidewalk ramps may be impacted and need to be repaired. Bid items will be used for discretionary concrete bid items for sidewalk repair. This Scope of Services does not include the design of sidewalk ramp replacement sheets. • New stock equipment will be used for proposed equipment. • The COMPANY shall develop the necessary splice diagrams for the in-field splice enclosures associated with Phase 5 activities. The COMPANY shall include the developed splice enclosure diagrams for inclusion within the Plans, Specifications, and Estimate (PS&E) document for the Contractor to make necessary in-field splices within the splice enclosures. The COMPANY shall prepare the project special provisions for the Phase 5 plans. The special provisions shall adhere to the Iowa DOT standard specifications, particularly Section 2525, Traffic Signalization. Specifications are subject to the non-proprietary requirements associated with federal and state funding. The COMPANY shall prepare “Public Interest Findings” (PIF) memorandum for any City of Ames specified proprietary equipment as necessary. 231 Coordination Meetings: • The COMPANY shall coordinate and facilitate six (6) meetings, involving three (3) representatives of the COMPANY, to coordinate the Preliminary (60%) Phase 5 Plans. Task 4.3 - Utility Coordination & Iowa DOT ROW Permitting The COMPANY shall submit preliminary documents to the CITY and affected utility companies for review and comment. The COMPANY shall submit design request inquires through 1-800 One-Call to prepare a list of affected utility companies in the areas of construction. The COMPANY shall coordinate utility relocation for conflicts with the project. As requested by the CITY, the COMPANY shall participate in special fiber utility coordination meetings for the purposes of this project. The CITY shall complete and submit all applicable project permit applications including necessary permits to be submitted with any and all utility companies. It is anticipated that the COMPANY will assist the CITY with the development and coordination of the Iowa DOT Work Within Right-of-Way permit. Coordination Meetings: • The COMPANY shall coordinate and facilitate two (2) meetings, involving two (2) representatives of the COMPANY, for utility coordination. 232 Task 4.4 - Railroad Permitting The COMPANY will prepare the permit applications and assist with the coordination with the railroad for four (4) crossings. UPRR permit applications will be necessary for Phase 5 and must be obtained prior to construction efforts within UPRR property. The CITY shall be responsible for any and all costs and permits required by the railroad and associated right or ways. Any updates to or coordination/design of railroad / traffic signal pre-emption is not included within this scope of services. Coordination activities include: - Review of crossings impacting UPRR property to assess compliance with both AREMA and UPRR utility accommodation guidelines. The COMPANY assumes (1) pre-submittal review and (1) railroad comment resolution review per application (8 reviews total). - The COMPANY assumes no deviations from AREMA or UPRR guidelines will be proposed by the CITY. - Coordination of the UPRR utility applications utilizing UPRR’s online submittal portal. In addition to the 1-800-One Call protocols, the CITY or their CONTRACTOR will submit Union Pacific Call Before You Dig (CBUD) tickets for each crossing utilizing UPRR’s online portal to locate private UPRR facilities. Positive locating of UPRR facilities may be required by UPRR which is the responsibility of the CONTRACTOR. It is anticipated that the current Iowa DOT Development Specification for Construction or Maintenance Work on Railroad Right-of-Way (Union Pacific Railroad) will be used for the project. The CONTRACTOR will be required to comply with UPRR insurance and safety requirements detailed in the UPRR agreement. Crossing locations / FRA numbers: • Bloomington Road – 197073F (at-grade) • 24th Street – 197072Y (at-grade) • 13th Street – 196983Y (at-grade) • 13th Street – 199643X (grade separated) Coordination Meetings: • The COMPANY shall coordinate and facilitate two (2) meetings, involving three (3) representatives of the COMPANY, for railroad permit coordination. 233 TASK 4.5 — Phase 5 Check Plans (100% Unsigned) The COMPANY shall prepare Check Plans for submittal to the CITY and Iowa DOT for review. Check Plans shall include: • A Sheets o Title sheet • C Sheets o Estimated quantities tabulations, estimate reference notes, o Communications/Fiber Details • J Sheets o Traffic control sheet • N Sheets o General notes sheet, o Layout sheet, o Detail sheets, and o Specific quantities sheets. • U Sheets o Fiber optic termination and splice diagrams (diagrams to be provided to the awarded Contractor) The COMPANY shall revise the project special provisions as prepared as part of the preliminary design, as necessary. The COMPANY shall develop an engineer's opinion of probable construction cost for the Phase 5 — ITS Integration deployment and will prepare the Traffic Signalization bill of materials form. Coordination Meetings: • The COMPANY shall coordinate and facilitate one (1) meeting, involving three (3) representatives of the COMPANY, to coordinate Check Plans development. • The COMPANY shall coordinate and facilitate one (1) meeting, involving two (2) representatives of the COMPANY, to review Iowa DOT review comments with the Iowa DOT and CITY. TASK 4.6 — Phase 5 Final Plans (100% Signed) The COMPANY shall incorporate CITY and Iowa DOT review comments into the plans, estimates and special provisions; and provide signed and sealed documents to the CITY and Iowa DOT Contracts Review and for bidding purposes. TASK 4.7 — Phase 5 Front End Documents The CITY shall coordinate with the Iowa DOT to prepare the front-end contractual documents and specifications as part of the Iowa DOT's bidding process. The Iowa DOT shall let the project through the Iowa DOT's bid letting system. A letting date of March 16, 2027 is anticipated for 2027 and 2028 construction season. 234 Task 4 Deliverables Design and planning efforts completed as part of Task 4 will result in the following deliverables to CITY: • Concept Statement – submitted to CITY and IOWA DOT • Preliminary (60%) Plans, color PDF format • Check Plans, color PDF format • Final Plans, color PDF format • Special Provisions • Opinion of Probable Construction Cost • Project Development Certificate • Preparation of Railroad ROW Permits • Preparation of Iowa DOT ROW Permits Proposed Design and Bidding Schedule Anticipated Concept Statement Schedule: • March 2026 — March 17, 2026 (March 17, 2026 Concept Statement Submittal) Anticipated 60% Schedule: • April 2026 — September 2026 Anticipated ROW Plan Schedule: • April 2026 — September 2026 Anticipated Utility Coordination and Permitting Schedule: • July 2026 — November 2026 Anticipated Check Plans Schedule: • September 2026 — November 2026 (November 3, 2026 Check Plan Submittal Date to Iowa DOT) Anticipated Final Plans Schedule: • November 2026 — December 2026 (December 15, 2026 Final Plans Submittal Date to Iowa DOT) Anticipated Bidding Schedule: • December 2026 — March 2027 • Letting Date of March 16, 2027 235 TASK 5.0 - PHASE 5 CONSTRUCTION PERIOD SERVICES & INTEGRATION ASSISTANCE The COMPANY shall provide support to the CITY for construction and integration assistance personnel on an as-requested basis. Support may include response to Contractor Requests for Information (RFI) such as providing clarification of design intent when issues cannot be readily resolved from the plans and providing background calculations. TASK 5.1 - Pre-Letting Support The COMPANY shall provide responses to pre-letting questions about the plans and specifications from the CITY, the Iowa DOT, and contractors bidding the project. The COMPANY shall review the material submittals for traffic signal improvements, communication equipment, and fiber optic network related materials and equipment for acceptability and will note any observed discrepancies with the Phase 5 project specifications. TASK 5.2 – Pre-Construction Meeting The COMPANY shall attend the CITY organized and CITY led/facilitated Pre- Construction Meeting. Two members of the COMPANY team (Project Manager and Network Engineer) to attend the Pre-Construction Meeting. It is anticipated that the meeting will occur in Ames, Iowa. TASK 5.3 - Periodic Construction Period Services The COMPANY shall assist the CITY representative with administering the terms of the construction contract between CITY and their Contractor. The COMPANY will complete required tasks and work with CITY and construction personnel to verify reasonable conformity to plans and specifications. Work items to be completed as part of this task include: • Meetings/Coordination via Phone/Email • Attend (virtually via TEAMs) regular monthly Thursday morning project coordination meetings • Assume up to .5 hour for two members of the COMPANY team (Project Manager and Network Engineer) • Assumed April 2027 through November 2028 • 20 Months – one meeting per month at .75 hours per meeting (includes meeting, prep, post notes/actions) • Six additional coordination meetings for as-need / special coordination topics are anticipated for. • Make site visits at intervals appropriate to the stage of construction, or as otherwise agreed to in writing by the CITY and the COMPANY in order to observe the Contractor's progress and quality of work, and to determine if the work conforms to the contract documents. It is understood that survey staking and layout will be accomplished by the contractor's forces. 236 • Assume April 2027 through November 2028 • One COMPANY team member (Assumed 160 hours) • 20 months of visits • Two project site visits per month • 4 hours per visit • Review shop drawings submitted by the Contractor for the limited purpose of checking for conformance with the design concept and the information shown in the Construction Documents. One (1) review will be provided as part of this contract, multiple reviews will be considered additional services. • Make recommendations to the CITY regarding work not conforming to the project documents. • Prepare a maximum of three (3) change orders documents for issuance by the CITY as necessary so proper approvals are made prior to work being performed. • Review materials, review material certifications furnished by Contractor. Keep and maintain project files of the contractor's certifications of materials incorporated into the project. The CITY will approve all materials certifications prior to their incorporation into the project. • Coordinate with the CITY's material testing contractor. Independent assurance samples and tests may be performed by Iowa DOT personnel and such sampling and testing is excluded from the work to be performed by the COMPANY under this contract. • Complete periodic field reviews of temporary traffic control measures, including obtaining traffic control plans from contractor prior to actual construction activities. • Be present, if requested by the CITY, in field during critical construction operations, including but not limited to the following: o excavation and backfilling o checking of reinforcing steel prior to concrete placement o concrete batching and pouring. • The COMPANY is not expected to be present full time during the installation of conduit, pull boxes, and cable. COMPANY will field review work completed for workmanship and to verify quantities on an appropriate basis. Periodic checks will be completed for fiber installation and modifications during key construction elements. • The COMPANY shall conduct a substantially complete initial project walk- through and develop a punch list of items to be completed before project close out to provide to the CITY. The CITY will coordinate with the Contractor and COMPANY to set the date of the walk-through. The COMPANY shall assist with a final walk-through to verify that items identified as part of the initial project walk- through have been completed/corrected by the Contractor. • Final Installation checks will be completed for traffic signal improvements and fiber optic communications network installation. • Respond to contractor RFI's. 237 TASK 5.4 - GIS and As-BuiIts The COMPANY will assist in the development of As-built Plans for the fiber optic network and ITS device deployment portion of the project based on contractor supplied information. As construction work is completed, field reviews will be completed and plans updated to represent as-built conditions. As-built plans will be submitted in .pdf plan sheets. It is understood that the Contractor shall also provide GIS mapping updates of CITY fiber optic network as part of the construction project. This includes GPS locating of Interconnect Handholes, conduit paths, fiber cable fiber counts, and a detailed fiber termination and splicing diagram at each splice and termination point. TASK 5.5 - OTDR Reviews The COMPANY shall review submitted fiber optic testing results (Optical Time Domain Reflectometer (OTDR) reports) for compliance to project specifications and advise the CITY of issues or concerns. The Contractor shall provide the reports in the native OTDR software format along with a temporary user license to the software that allows the COMPANY to view and analyze these results. TASK 5.6 - COMMUNICATION NETWORK OPERATIONS AND MANAGEMENT The COMPANY will monitor and maintain the communication device configurations and logical network framework, completing both routine and emergency maintenance activities as needed for the duration of this project. Network issues will be addressed by the COMPANY if configuration or programming can correct, or corrective measures will be coordinated with a CITY hired contractor to address any physical network issues that are identified or that occur. The COMPANY will manage and update the communication architectural design and exhibits throughout the Phase 5 construction period of the project to ensure that as each sub-system comes online, they are compatible with future CITY deployments and all improvements or network changes are documented. TASK 5.7 - INTEGRATION & ACCEPTANCE TESTING To ensure acceptable network installation and operation, the COMPANY will develop an Integration & Acceptance Testing Plan, detailed in the subtasks below. At a high level, systems are comprised of subsystems which are comprised of individual components or units. In order to have a fully functional and integrated system, thorough testing at each level (subsystem and unit) is required. Unit testing is defined as the testing of individual system components (e.g., Ethernet switch, signal controller, and CCTV) to ensure they operate correctly. Subsystem testing is defined as the testing of collections of units which have been integrated into subsystems. For example, the communications subsystem is comprised of Ethernet switches in the field and fiber optic and copper cables connecting them to both other devices in the field and to switches and routers at the Hub. Functional System testing is defined as the testing of interactions between subsystems to ensure the overall project requirements are met. Reliability testing is defined as the testing of systems to verify that functions demonstrated operate reliably in ongoing usage. 238 Integration & Acceptance Testing Plan. Successful execution of the resulting detailed Testing Plan will ensure the complete end-to-end testing of the signal system and lead to a system that properly operates to meet the needs and requirements of the region. The COMPANY's network engineers and technicians understand that the responsibility for the proper operation of Ames communication network system rests with Tekniam, Inc., the project integrator. To support this project, the COMPANY team proposes the establishment of a bench testing facility (BTF) utilizing Tekniam, inc. office space. This facility will be a defined space to test new systems proposed for the City of Ames. As each new device, new subsystem, or major upgrade is proposed for installation in the field, the component would be integrated into the BTF to demonstrate proper functioning in the Ames network. The BTF would also support isolation of faults and confirmation of proper component configuration. Functional Testing. Upon confirmation that all Unit and Subsystem Tests were successfully completed and that installation of signals in a group or phase have been completed to the satisfaction of the installation contractor, the COMPANY will execute the functional tests of this subsystem of signals. The COMPANY will document the testing in a report that summarizes the overall results and highlighting the general conclusions of the testing. Reliability Testing. Following completion of the functional testing, the system will enter a period of reliability testing. Reliability tests will continue for a period of 30 consecutive days without major system failure or extensive component or subsystem failure. While the focus of reliability testing is the signals included in the current phase, reliability testing is inclusive of any other network connections. The reliability testing primarily consists of monitoring behavior of the system in routing operation, but any unit, subsystem, or functional test can be repeated as determined necessary by the integrator. Task 5.7 Deliverables: • System Test Plan for each corridor of construction phase • Functional Test Results for each corridor or construction phase • Reliability Test Results for each corridor or construction phase TASK 5.8 — Project Documentation Final project documentation will be provided by the COMPANY to CITY staff as required. • Assist with the resolution of project related issues in the field or escalate to the next level of management if issue cannot be resolved on a timely basis • Review and approve project submittals (as required) • Provide timely processing of project related documents • Submit final project documents and assist with project closeout documentation 239 ITEM #:30 DATE:03-24-26 DEPT:Transit SUBJECT:APPROVAL OF 40' DIESEL BUS PURCHASE CHANGE ORDER COUNCIL ACTION FORM BACKGROUND: On October 22, 2024, the City Council awarded a contract for two 40' heavy-duty diesel buses to Gillig LLC of Livermore, California, in an amount not to exceed $1,256,996. The State of Washington cooperative procurement contract was utilized for this purchase. The funding sources previously approved for this project are summarized below: Funding Source Federal Local Total Section 5339 Discretionary Funding $879,946 $155,284 $1,035,230 Carbon Reduction Program (CRP) Funding $43,970 $10,992 $54,962 Additional Local Funding (40' Bus Reserve Fund) $166,804 $166,804 Original Total Project Budget $923,916 $333,080 $1,256,996 After the contract was issued, changes in federal tariff policies and finalized bus design specifications affected the final cost of the vehicles. The State of Washington contract includes a provision that allows manufacturers to pass through verified costs incurred due to tariffs. CyRide has been notified that the tariff cost for this vehicle order is $7,785.91 per bus. To ensure the vehicles meet operational needs, additional design revisions were required, including dual language signage, rear step lighting, bike rack installation, technology pre- wiring, and other minor operational specification revisions. These design revisions resulted in an additional cost of $8,463 per bus. The combined impact of tariffs and design revisions results in a total increase of $16,248.91 per bus, or $32,497.82 for both buses. This adjustment represents a 2.59% increase to the overall project budget, increasing the total purchase price from $1,256,996 to $1,289,493.82. CyRide has reviewed the design change pricing provided by Gillig and determined the pricing to be fair and reasonable. Final documentation supporting the tariff costs is still pending. Once received, CyRide will work with the Purchasing Division to review the documentation prior to payment to ensure the adjustment reflects the actual final costs incurred and complies with the provisions of the State of Washington cooperative procurement contract. The Federal Transit Administration (FTA) approved a budget revision to CyRide’s 2025 STBG grant to support diesel bus purchases due to a significant shortfall for the purchase of 10 diesel buses across multiple grants this year. The Ames Area Metropolitan Planning Organization (AAMPO) was notified and approved CyRide proceeding with this revision with the FTA rather than upgrading one diesel bus to a battery electric. As a result of this revision, no additional local funding will be required for the purchase of these two vehicles. 240 The revised total project budget is summarized below: Funding Source Federal Local Total Section 5339 Discretionary Funding $879,946 $155,284 $1,035,230 Carbon Reduction Program (CRP) Funding $43,970 $10,992 $54,962 Local Funding (Previously committed) $166,804 $166,804 Surface Transportation Block Grant Funding $25,998 $6,500 $32,498 Revised Total Project Budget $949,914 $339,580 $1,289,494 Approval of this change order is required for CyRide to complete acceptance of the new vehicles. The Transit Board of Trustees approved the requested change order and increased the contract total to $1,289,493.82 for Gillig LLC at its meeting on March 19, 2026. ALTERNATIVES: 1. Approve the cost-related change order and establish a new total contract amount of $1,289,493.82 for the purchase of two 40’ heavy-duty diesel buses from Gillig LLC of Livermore, California. 2. Do not approve the requested change order. CITY MANAGER'S RECOMMENDED ACTION: Approving the cost-related change order and new contract amount will ensure that the two 40' heavy-duty diesel buses are fully funded, allowing CyRide to complete the purchase in compliance with procurement requirements and federal Transit Asset Management objectives. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 241 ITEM #:31 DATE:03-24-26 DEPT:P&R SUBJECT: FITCH FAMILY INDOOR AQUATIC CENTER BID PACKAGE 06-1 - CHANGE ORDER #13 COUNCIL ACTION FORM BACKGROUND: On January 23, 2024, the City Council approved the award of contracts for construction of the Fitch Family Indoor Aquatic Center. Since the City elected to use a Construction Manager (CM) approach for this project, 14 different bid packages were issued for prospective bidders. As a reminder, this approach is different from bidding under the General Contractor (GC) method, where one bid package would have been distributed, and the selected contractor would be responsible for the various subcontractors. Thus, with 14 bid packages, the City entered into a contract with each of the 14 successful bidders which are referred to as Prime Contractors. Bid Package 06-1 (General Carpentry Work) was awarded to Lansink Construction, Inc., Johnston, Iowa. The award included the Base Bid plus Alternate #1 to add two multipurpose rooms, a walking area, two gender neutral restrooms, and Alternate #1A to change the walking area surface from a resinous epoxy surface to a cushioned vinyl material, in the amount of $1,016,000. Thus far, twelve change orders have been approved: Change Order #1 was approved by the City Manager for wet room door change and the addition of cubbies in the multipurpose and stretching rooms in the amount of $42,129. Change Order #2 was approved by the City Manager for changing the design of door 115A in the Party Room East to FRP in the amount of $2,858. Change Order #3 was approved by the City Manager for precast panel joint modifications, 6” storm drain relocation and changes to the interior finishes in the amount of $3,021. Change Order #4 was approved by the City Council for modifications to the Check-in Area to include standing desk options in the amount of $3,995. Change Order #5 was approved by staff add sink countertop brackets in the amount of $1,639. Change Order #6 was approved by staff to add wood blocking to support curtain wall header at CW09 in the amount of $752. Change Order #7 was approved by staff to add waterproof material to the exterior of the aquatic mechanical room 112 in the amount of $1,167. Change Order #8 was approved by staff to change the configuration of Changing 108F to a roll-in shower enclosure in the amount of $2,653. Change Order #9 was approved by the City Manager for Donor Wall Design and Installation in the amount of $33,224. Change Order #10 was approved by the City Manager add shower tile in the changing room at additional elevations in the amount of $2,597. 242 Change Order #11 was approved by the City Manager for adding manual roller shade in the Aquatic Manager’s Office 113C in the amount of $1,103. Change Order #12 was approved by the City Manager to change the folding seat product and change the sanitary dispenser from a locked side swing door to one that opens from the top in the amount of $3,329. Change Order #13 has been prepared and is now presented to the City Council for a p p r o v a l . This change order, in the amount of $10,732, includes the addition of stainless steel railing at the water slide per City Inspection in the recreation pool. Staff directed RDG Planning & Design and Story Construction to make this change and obtain pricing from Lansink. The City's purchasing policy allows staff to approve change orders up to a cumulative total of $50,000. Since the amount of this change order brings the absolute value of the most recent change orders over $50,000, Change Order #13 needs Council approval. With this approval, any future change orders will return to the staff level for approval, up to the $50,000 limit. A summary of the costs for Bid Package 06-1 is shown below: Summary of Bid Package 06-1, General Carpentry Work Original Contract Amount $1,016,000 Change Order #1 Wet Room Door Change & Cubbies in Multipurpose & Stretching Rooms $ 42,129 Change Order #2 Updating door 115A to FRP $ 2,858 Change Order #3 Precast Panel Joint Modifications, 6” Storm Drain Relocation, changes to Interior Finishes $ 3,021 Change Order #4 Modifications to Check-In Standing Desk $ 3,995 Change Order #5 Add Sink Countertop Brackets $ 1,639 Change Order #6 Add Wood Blocking to Support Curtain Wall Header at CW09 $ 752 Change Order #7 Add Waterproof Material to the Exterior of the Aquatic Mechanical Room 112 $ 1,167 Change Order #8 Change the Configuration of Changing 108F to a Roll-In Shower Enclosure $ 2,653 Change Order #9 Donor Wall Design and Installation $ 33,224 Change Order #10 Add Shower Tile in the Changing Room at Additional Elevations $ 2,597 Change Order #11 Add Manual Roller Shade in the Aquatic Manager’s Office 113C $ 1,103 Change Order #12 Revise Folding Seat Product and Sanitary Dispenser to top loading $ 3,329 Change Order #13 Add stainless-steel railing at the water slide in the recreation pool per City Inspection $ 10,732 New Contract Value $1,125,199 243 ALTERNATIVES: 1. Approve Fitch Family Indoor Aquatic Center Bid Package, 06-1 Change Order #13 to Lansink Construction, Inc., in the amount of $10,732. 2. Do not approve Fitch Family Indoor Aquatic Center Bid Package, 06-1 Change Order #13 to Lansink Construction, Inc. 3. Refer back to staff. CITY MANAGER'S RECOMMENDED ACTION: This change order is a result of the City desiring to provide a stainless steel railing at the water slide in the natatorium and directing RDG Planning and Design and Story Construction to make this change. Because the cumulative total of this change order and past change orders exceeds $50,000, Council approval is necessary to proceed with this change order. Therefore, it is the City Manager's recommendation that the City Council approve Alternate No. 1 as stated above. 244 ITEM #:32 DATE:03-24-26 DEPT:Transit SUBJECT:PURCHASE OF SIX 40' HEAVY-DUTY DIESEL BUSES COUNCIL ACTION FORM BACKGROUND: CyRide has been awarded grant funding through the Iowa Department of Transportation’s Carbon Reduction Program (CRP) to replace six 40’ heavy-duty diesel buses that are 23 years old and operating well beyond their federally defined useful life. Funding for these vehicles was approved in the FY 2025/2026 Capital Improvements Plan (CIP). Due to rapid increases in bus prices, previously programmed Surface Transportation Block Grant (STBG) funding was revised to support diesel bus purchases instead of upgrading two diesel buses to battery electric. The Ames Area Metropolitan Planning Organization (AAMPO) was notified and approved this modification. The 2026 STBG grant is currently pending award through the Federal Transit Administration (FTA). However, CyRide has pre-grant authority to proceed with award of the bus manufacturer contract prior to final grant obligation. CyRide anticipates the 2026 STBG grant will be awarded this summer, before the buses are scheduled for delivery. The project budget based on available grant funding is shown below and was included in the CIP: Funding Source Federal Local Total Bus & Bus Facilities (5339)$2,545,228 $499,825 $3,045,053 Carbon Reduction Program (CRP)$406,236 $101,559 $507,795 Surface Transportation Block Grant (STBG 2025)$269,844 $67,461 $337,305 Surface Transportation Block Grant (STBG 2026)$377,050 $94,263 $471,313 Total Project Budget $3,598,358 $763,108 $4,361,466 After reviewing procurement options, CyRide determined that the most cost-effective method for purchasing new buses is through a cooperative purchasing schedule. Statewide purchasing schedules allow CyRide to reduce administrative time and leverage the buying power of multiple agencies, which would not be available if CyRide pursued an independent procurement process. Through the State of Iowa, the Washington State cooperative purchasing schedule was identified as the most favorable option for CyRide. CyRide’s current fleet of 40’ heavy-duty diesel Gillig Low Floor buses has consistently proven to be cost-effective and reliable. Maintaining a standardized fleet with a single manufacturer results in operational efficiencies, including reduced spare parts inventory, lower training costs, and faster repair times due to greater familiarity with the equipment. As a result, CyRide has selected Gillig as the preferred manufacturer for this purchase with the best value. 245 Pricing was requested from Gillig, resulting in a cost per bus of $726,911 for a total purchase price of $4,361,466. Gillig anticipates delivery of the vehicles approximately 12 months after a purchase order is issued. At its meeting on March 19, 2026, the Transit Board of Trustees approved the award of contract to Gillig LLC of Livermore, California, for an amount of $4,361,466. Final award of contract will be subject to approval by the Iowa Department of Transportation Office of Public Transit. ALTERNATIVES: 1. Approve award of contract for six 40’ heavy-duty diesel buses to Gillig LLC of Livermore, California, in the amount of $4,361,466, contingent upon award of the 2026 STBG grant with the Federal Transit Administration. 2. Do not approve the contract award for the purchase of six new 40' heavy-duty diesel buses. CITY MANAGER'S RECOMMENDED ACTION: Award of this contract will allow CyRide to replace obsolete buses with new vehicles, improve operating efficiency, and support progress toward federal Transit Asset Management (TAM) plan goals, while reducing overall fleet emissions through the use of newer, cleaner-burning engines. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 246 ITEM #:33 DATE:03-24-26 DEPT:PW SUBJECT:2024-26 TRAFFIC SYSTEM CAPACITY IMPROVEMENTS PROGRAM (13TH & GRAND) COUNCIL ACTION FORM BACKGROUND: On August 13, 2024, City Council approved a Professional Services Agreement with WHKS & Co. of Ames, Iowa in an amount not-to-exceed $326,750 for design services necessary for the project to widen the 13th Street and Grand Avenue intersection. This agreement did not include land acquisition services because the extent of property impacts was not known until completion of the preliminary design. As the preliminary design advanced, more detailed information about the necessary right-of- way acquisitions was determined and used to scope an amendment to the original agreement. In June 2025, City Council approved Amendment No. 1 to the Professional Services Agreement in the amount of $107,250 to provide right-of-way and easement acquisition services for 19 parcels impacted by the project. These services are being provided by JCG Land Services, a subconsultant to WHKS. Amendment No. 2 to the Professional Services Agreement was administratively approved by staff in October 2025, in the amount of $35,600 to add services for the voluntary full acquisitions of 1303 Grand Avenue and 1302 Harding Avenue. These services are also being provided by JCG Land Services as a subconsultant to WHKS. This amendment did not include relocation assistance services, as more information about each property needed to be obtained before relocation services could be fully scoped. UNIFORM RELOCATION ASSISTANCE REQUIREMENTS Because this project is located along Grand Avenue (U.S. Highway 69) and utilizes state grant funding administered through the Iowa Department of Transportation, all property acquisition and relocation activities must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). The Uniform Act establishes federal standards to ensure that individuals, families, businesses, and nonprofit organizations displaced by federally assisted transportation projects are treated fairly and consistently. Key requirements include: • Providing relocation advisory services to displaced persons • Identifying comparable replacement housing or commercial properties • Providing moving and relocation expense payments • Providing replacement housing payments when applicable • Maintaining detailed documentation and reporting of relocation activities Failure to comply with the Uniform Act can jeopardize eligibility for state and federal transportation funding. Based on the preliminary review of the affected properties, it is 247 anticipated that up to four occupants may require relocation assistance services as part of the acquisition of the two properties. AMENDMENT NO. 3 WHKS has prepared Amendment No. 3 to the Professional Services Agreement to add relocation assistance services associated with the full acquisition of two properties. The amendment includes a not-to-exceed cost of $74,800 for these services. Relocation services will be provided by Midwest Right of Way, a subconsultant to JCG Land Services and WHKS. Services will include conducting relocation interviews, identifying comparable replacement housing or commercial properties, providing advisory assistance to displaced occupants, processing relocation claims, and coordinating moving activities. Based on the type of properties involved and the potential number of displaced occupants, total relocation payments are currently estimated to range between $200,000 and $325,000. All relocation payments must be documented and supported by appropriate justification and receipts prior to reimbursement, and Midwest Right of Way will assist the City in administering these requirements in compliance with the Uniform Act. The FY 20 24/25 CIP included $750,000 for engineering and right-of-way acquisitions for the project. As the project design has progressed, and acquisition appraisals have been performed, the anticipated costs for full acquisitions, easements, and relocation assistance are expected to exceed the original budget. Below is a table showing anticipated design and acquisition costs: Item Costs Engineering Design Services (Original Professional Services Agreement - 2024)$326,750 Acquisition Services for Parcels with Easements (Amendment No. 1)$107,250 Acquisition Services for Full Acquisition Parcels (Amendment No. 2)$35,600 Relocation Assistance Services (Amendment No. 3 - This Item)$74,800 Anticipated Acquisition Offers $700,000 Estimated Relocation Costs $200,000 - $325,000 TOTAL $1,444,400 - $1,569,400 2023/24 TRAFFIC SYSTEM CAPACITY IMPROVEMENTS (AIRPORT ROAD IMPROVEMENTS) UPDATE As part of the 2023/24 Traffic System Capacity Improvements project, staff has been working with adjacent property owners along Airport Road to secure the traffic signal easements necessary to construct a proposed traffic signal at the West Lowe’s Entrance / Sam’s Club Entrance. Initial discussions with both property owners were productive; however, staff has not received a response from Sam’s Club since March 2025, and negotiations regarding easement language with the owner of the Lowe’s property have reached an impasse. Without these easements, the project cannot proceed as currently planned. The Airport Road project was intended as a proactive improvement to accommodate 248 anticipated growth along the corridor and improve operations at the intersection with South Duff Avenue. Given that there are no immediate safety concerns at this location and the City has been unable to secure the necessary easements, staff recommends reprogramming this project into a future Capital Improvements Plan (CIP) when additional traffic growth may warrant revisiting the project. Staff further recommends reallocating the currently available project funding to the 13th Street and Grand Avenue intersection improvement project to help address higher-than-anticipated design and right-of-way acquisition costs. The available funding is summarized in the table below: Fund Source Available Balance Road Use Tax $285,100 G.O. Bonds $432,587 TOTAL $717,687 Reallocating these funds to the 13th and Grand Avenue project would increase the total budget available for design and right-of-way acquisition to $1,467,687. This additional funding would allow the design and acquisition activities for the project to continue. As property acquisitions are finalized and acquisition and relocation costs become more clearly defined, staff will continue to monitor the project budget and will return to Council with any additional recommendations if adjustments become necessary. ALTERNATIVES: 1. a. Approve Amendment No. 3 to WHKS & Co. of Ames, IA, in the amount of $74,800. b. Reallocate the available Road Use Tax and General Obligation Bonds from the 2023/24 Traffic System Capacity Improvements (Airport Road Improvements) to the 2024/25 Traffic System Capacity Improvements (13th & Grand). 2. Do not approve the amendment and direct staff to make modifications. CITY MANAGER'S RECOMMENDED ACTION: The relocation assistance services included in Amendment No. 3 are necessary to comply with the Uniform Act and Iowa DOT procedures applicable to projects receiving state transportation funding. Approval of this amendment will allow the City to proceed with the acquisition of the properties necessary for the 13th Street and Grand Avenue intersection improvements. In addition, the Airport Road and South Duff Avenue Traffic System Capacity Improvement project has been unable to proceed due to unsuccessful easement negotiations with affected property owners. As a result, reallocating the currently available funding from that project to the 13th Street and Grand Avenue project would allow the right-of-way acquisition and relocation activities to move forward without delay. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. 249 ATTACHMENT(S): 13th & Grand Map.pdf 13th-Grand.Amend3.pdf 250 ncollins10:29:23 AM pw:\\whks-pw.bentley.com:whks-pw-01\Documents\Projects\10147\41 CAD\Design\CADD_Files\Sheet_Files\SHT_H_10147.dgn DESIGN TEAM PROJECT NUMBER SHEET NUMBER CITY 2/27/2026 ENGLISHFILE NO.SHEET TITLE 13TH ST GRAND AVE GRAND AVE HARDING AVE EXISTING ROW EXISTING ROW PERMANENT EASEMENT: 166.7 SY ANTICIPATED FULL ACQUISITION 1302 HARDING AVE TRUST TEMPORARY EASEMENT: 7 SY PERMANENT EASEMENT: 19.7 SY 803 13TH ST BROWN FAMILY TRUST AERIAL ELECTRIC EASEMENT: 66.6 SY ELECTRIC FACILITIES EASEMENT : 2.8 SY 625 13TH STREET 625 13TH STREET LLC TEMPORARY EASEMENT: 55.3 SY PERMANENT EASEMENT: 59.4 SY 703 12TH ST SHAYONEE CHAKRABORTY TEMPORARY EASEMENT: 30.6 SY PERMANENT EASEMENT: 19.3 SY 1202 GRAND AVE TODD HOLCOMB TEMPORARY EASEMENT: 28.1 SY PERMANENT EASEMENT: 35.9 SY 1208 GRAND AVE JOSHUA MORENO EASEMENT: 33.2 SYTEMPORARY PERMANENT EASEMENT: 53.1 SY 1212 GRAND AVE ROBERT AND GAIL WHITE TEMPORARY EASEMENT: 45.1 SY PERMANENT EASEMENT: 53.2 SY 1218 GRAND AVE DONNA BRITTEN TEMPORARY EASEMENT: 32.3 SY PERMANENT EASEMENT: 63.4 SY 1209 GRAND AVE SEAN MCGUIRE & DIANE TRAN TEMPORARY EASEMENT: 15.3 SY PERMANENT EASEMENT: 64.2 SY 1213 GRAND AVE MELVIN & CHRISTINE CRIPPEN EASEMENT: 12.2 SYTEMPORARY PERMANENT EASEMENT: 68.7 SY 1217 GRAND AVE PAULA S VANDEWATER TEMPORARY EASEMENT: 20.14 SY PERMANENT EASEMENT: 171 SY 704 13TH ST HAROLD PIKE RECOVABLE TRUST TEMPORARY EASEMENT: 750.7 SY PERMANENT EASEMENT: 127.9 SY 1228 GRAND AVE 1228 GRAND LLC AERIAL ELECTRIC EASEMENT: 82.6 SY ELECTRIC FACILITIES EASEMENT: 10.5 SY TEMPORARY EASEMENT: 79.0 SY PERMANENT EASEMENT: 66.7 SY 1314 GRAND AVE MATTHEW SCOTT HAUBRICH TEMPORARY EASEMENT: 50.0 SY PERMANENT EASEMENT: 51.7 SY 1320 GRAND AVE MATTHEW SCOTT HAUBRICH TEMPORARY EASEMENT: 0 sy PERMANENT EASEMENT: 366.1 SY 1303 GRAND AVE ADVENTIST ASSOC. IOWA SEVENTH DAY TEMPORARY EASEMENT: 30.1 SY PERMANENT EASEMENT: 75.2 SY 1311 GRAND AVE ROGER & GARUNEE GRAU TEMPORARY EASEMENT: 33.3 SY PERMANENT EASEMENT: 87.0 SY 1317 GRAND AVE JOSEPH HOVICK TEMPORARY EASEMENT: 34.7 SY PERMANENT EASEMENT: 36.1 SY 1324 GRAND AVE MATTHEW SCOTT HAUBRICH TEMPORARY EASEMENT: 67.0 SY PERMANENT EASEMENT: 30.9 SY 1330 GRAND AVE ROBERT SUZANNE TEMPORARY EASEMENT: 26.4 SY PERMANENT EASEMENT: 66.4 SY 1323 GRAND AVE LAVONNE STAIERT TEMPORARY EASEMENT: 26.2 SY PERMANENT EASEMENT: 36.6 SY 1329 GRAND AVE MICHAEL & ASHLEY BAUMGARTEN 01 02 03 04 05 11 12 13 14 15 19181716 22 10 09 080706 20 21 GRAND AVE. 13 T H S T . PARCEL ID MAP GRAND AVE. AND 13TH ST. 251 AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WHEREAS, City of Ames (Client) and WHKS & Co. (WHKS) executed a Professional Services Agreement dated August 13, 2024 for certain engineering services for 2024/25 Traffic Capacity Improvements – 13th Street and Grand Avenue (Project), and WHEREAS, the Agreement described a scope of services and was based on completion of certain services, and WHEREAS, the Client has requested Additional Total Property Acquisition and Relocation services for the 2024/25 Traffic Capacity Improvements – 13th Street and Grand Avenue as described in more detail below, and NOW THEREFORE, the Client and WHKS hereby agree the amended compensation for services shall be increased by the following: Scope of Services WHKS shall perform the following described services for the Client: Right-of-way services were identified for addition by Amendment upon completion of preliminary design. 2 parcels, 1303 Grand Avenue and 1302 Harding Avenue, were identified as requiring total acquisition. Amendment 2 was for right-of-way acquisition of the 2 parcels by JCG Land Services, a subcontractor to WHKS, using the same procedures identified in Amendment 1. This Amendment is for relocation assistance services that follow the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. This work is to be provided by Midwest Right of Way as a subconsultant to JCG Land Services. See Attachment A for the Scope of Services Provided by Midwest Right of Way. Basis of Compensation For the services described above, the Client shall remunerate WHKS as follows: Billed Hourly with a Not-to-Exceed Fee of $74,800 including Expenses. External expenses include an administrative charge of 10 percent. Executed this day of March, 2026 City of Ames WHKS & CO. By: By: Printed Name: Printed Name: Derek J Thomas, P.E. Title: Title: Vice President 252 Page 2 of 5 PROPOSAL FOR SERVICES JCG Land Services City of Ames, Iowa – 13th Street and Grand Avenue Intersection Widening Relocation Assistance Services Justin Walton, Director of Public Works JCG Land Services 9001 Hickman Road, Suite 100 Urbandale, Iowa 50322 PROJECT UNDERSTANDING This project involves the total acquisition of two (2) parcels of property for an intersection widening project in Ames, Iowa. The total acquisition of the properties requires that the City provide residential and business relocation assistance to the property owners and displaced tenants. There may be four (4) displacements that will require relocation assistance services. The relocations will follow the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. PROJECT MANAGEMENT This task will involve coordination of all project elements so that work is initiated as it should be, appropriate progress is made, and schedules are met. Coordination and scheduling of all relocation activities will be the responsibility of the project manager. RELOCATION ASSISTANCE SERVICES Midwest Right of Way Services’ relocation agent will provide relocation assistance and advisory services in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. They will follow the general procedures, provide services, create and maintain records, and status reports as required. The tasks involved with relocation activities include initial interviews with displacees, preparation of studies, presentation of offers, inspecting replacement properties, attending closings, monitoring moves, processing and reviewing claims, and providing advisory services. ATTACHMENT A 253 ITEM #:34 DATE:03-24-26 DEPT:POLICE SUBJECT:SPECIAL PENALTY PARKING ENFORCEMENT FOR SPRING 2026 STADIUM CONCERTS ON APRIL 11, 2026 AND JULY 17, 2026 COUNCIL ACTION FORM BACKGROUND: During ISU home football game days, cars are often parked on both sides of some streets, making it difficult to traverse and creating a problem for emergency vehicle response. In response to this challenge, in 2019, the City Council enacted enhanced penalties for game day parking in the area west of Jack Trice Stadium. The Council further expanded the special penalty area to include other special events by resolution of the City Council (Section 18.7A of Municipal Code). There are two large stadium concerts planned for spring 2026. The first is Luke Combs, scheduled for Saturday, April 11, 2026, and the second is Post Malone and Jelly Roll, scheduled for Friday, July 17. Staff anticipates these concerts to have much the same traffic and parking impact as home football games. Therefore, to deter illegal parking that can block traffic and emergency vehicle access, staff is requesting the implementation of the special penalty for illegal parking in the previously adopted "Game Day and Events Parking Area." The penalty for an illegal parking violation in this area occurring between 6:00 a.m. and midnight on the day of the event is $75. If approved, staff will work with Public Works and the City's partners to advertise the special penalty enforcement area prior to the concert, utilizing social media and sign boards as available. ALTERNATIVES: 1. Direct staff to enact the special penalty for game day and events parking on Saturday April 11, 2026 and July 17, 2026. 2. Make no change to the special penalty enforcement area on these dates. CITY MANAGER'S RECOMMENDED ACTION: Parking adjacent to Jack Trice Stadium and the future CyTown area has continued to be a source of congestion during game days, creating an environment where it is difficult for vehicles to traverse the streets. This is particularly problematic for emergency responders, especially when driving larger vehicles such as an ambulance or fire apparatus. It is anticipated these stadium concerts will present similar challenges. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 254 ITEM #:35 DATE:03-24-26 DEPT:FIN SUBJECT:PUBLIC HEARING TO CONSIDER ADOPTION OF FY 2025/26 ADJUSTED BUDGET AND FY 2026/27 BUDGET COUNCIL ACTION FORM BACKGROUND: State law requires a hearing to be held prior to the adoption of the current year's adjusted budget and next year's proposed budget. The hearing must be held on or before April 30. Staff has proposed setting April 14, 2026 as the date of public hearing on the Adjusted Budget for FY 2025/26 and the Proposed Budget for FY 2026/27. The hearing will take place during the regularly scheduled Council meeting. It should be noted that under Iowa Code Chapter 384.16, the tax levy certified may be less than, but not more than the amount estimated in the proposed budget submitted at the final hearing, unless an additional tax levy is approved at a city election. ALTERNATIVES: 1. Adopt a resolution establishing April 14, 2026 as the date of the final public hearing on the Adjusted Budget for FY 2025/26 and the adoption of the Budget for FY 2026/27. 2. Delay the hearing and resolution. CITY MANAGER'S RECOMMENDED ACTION: Holding a public hearing is required by State law in order to proceed with the City Manager ’s recommended budget and the modifications made by City Council. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative No. 1, as described above. 255 ITEM #:36 DATE:03-24-26 DEPT:P&H SUBJECT:HARRISON POINTE SUBDIVISION DEVELOPMENT AGREEMENT AND FINAL PLAT COUNCIL ACTION FORM BACKGROUND: Keystone Equity Group (KEG) has an Option Agreement (entered into with the City on May 27, 2025) to purchase the City-owned land at the intersection of Harrison and Welbeck, subject to completing a Development Agreement and development entitlements including a Major Subdivision Final Plat. The applicant is requesting approval of a Major Subdivision Final Plat, Public Improvements Agreement, and Development Agreement as the final steps in completing the requirements of the Option Agreement in order to complete the purchase of the property and develop 12 workforce housing units. At the January 27, 2026 City Council meeting, the Council approved a rezoning to Floating Suburban – Residential Low Density (FS-RL) with a Planned Unit Development (PUD), Preliminary Plat, and Major Site Development Plan for the development of 12 workforce housing units. As with all subdivisions, Final Plat approval is needed to complete the development approval process. The Final Plat includes all 12 lots for the single-family attached homes, ranging between 0.04 and 0.06 acres, and an outlot containing the private street, open space, and stormwater management areas (see attached). Reduced lot sizes and frontage were approved as deviations as part of the PUD and allow for individual lots to be created, which in turn allows for the units to be ownership housing. PUBLIC IMPROVEMENTS: As the City still owns the subject property, public improvements including sidewalks and extension of a sanitary sewer and water main on site and installation of a new public sidewalk along Welbeck Drive have not occurred. Financial security in the amount of $103,665 has been provided for these improvements. City Council is being asked to accept the Improvement Agreement with financial security for those improvements. Financial security can be reduced by the City Council as the required infrastructure is installed, inspected, and accepted by the City. The street within Harrison Pointe is a private street. It is not included in the financial security for Public Improvements. Private streets and alleys are permitted if they are designed and constructed to meet Iowa Statewide Urban Design and Specifications (SUDAS) standards and the City’s supplemental design standard requirements regarding pavement profile, base, and drainage. Maintenance and access agreements are also required. A certificate from a professional engineer verifying the private streets meet the 256 design specifications is required after construction of the street and prior to occupancy of the units. DEVELOPMENT AGREEMENT: The Option Agreement between KEG and the City for purchase of the property is contingent on execution of a Development Agreement prior to closing. City Council is being asked to accept the Development Agreement, see attached. The Development Agreement includes provisions based upon the original Memorandum of Understanding for the development, approved on March 25, 2022. The agreement included three mandatory limitations on the developer: Enact a covenant requiring the units to be owner-occupied A Covenant has been provided that the housing units must be the primary residence of the owner. No rental of the homes is allowed. The covenant is in effect for 21 years. Construct homes as all-electric with air source heat pump products approved by City Staff Planning and Ames Electric staff reviewed heating and cooling options for an all-electric air source heat pump system with the developer. Staff ultimately accepted a Carrier brand unit as being appropriate for both quality and efficiency. The model selected is in the upper mid-tier of air source heat pump and air handler options. Although not a cold climate rated unit, the overall design appears to perform well for our climate and will rely upon electric back-up heat when needed in the winter. The developer had previously used lower-tier equipment for other builds and this will be their first use of these systems. The builder also intends to meet the whole home "net-zero ready" Ames Electric Rebate requirements, including wiring in the garage to have a Level II charger installed by a homeowner. A Net Zero Ready home rebate is worth $3,000. Impose an initial sales price limit for each home not to exceed an average of $300,000 The developer is building two types of housing, six single-car garage attached units and six double-car attached units. The agreement allows for a sales price maximum of $279,999 for the single-car units and $319,999 for the two-car units. The average price is $299,999 for all 12 units. Initially the developer believed the sales prices individually may be below $300,000 for all units, but the developer stated to staff that the higher grade heating and cooling equipment, site design, and site improvement costs added unanticipated costs compared to their March 2025 proposal. City Council can find the proposed average sales price as being in compliance with MOU referenced in the Option Agreement. 257 ALTERNATIVES: 1. Based upon the findings that the Final Plat conforms to relevant and applicable design standards, ordinances, policies, and plans, along with the Option Agreement provisions, the City Council can approve the following: a. Resolution approving the development agreement for Harrison Pointe Subdivision b. Resolution approving the Final Plat of the Harrison Pointe Subdivision c. Resolution accepting the Public Improvements Agreement for completion of public improvements and Financial Security of $103,665. 2. Refer the development agreement back to staff with direction to modify the terms and return for approval on April 14 and defer the final plat and improvement agreement to that meeting. The developer would have to agree to extend the purchase agreement to April 14 for a revised development agreement. 3. Deny the proposed development agreement and related Final Plat as not meeting City requirements and subdivision standards. CITY MANAGER'S RECOMMENDED ACTION: The proposed Major Final Plat is consistent with the Major Site Development Plan and Preliminary Plat approved by City Council as part of the rezoning with PUD. The Major Final Plat conforms to the adopted ordinances and policies of the City as required by Code and other agreements, including the allowance for financial security to complete public improvements. A Development Agreement, as required by the Option Agreement with KEG to purchase the site, and an Improvement Agreement have been provided. KEG is required to provide executed copies prior to Council action on the plat and accepting these documents. Staff believes the Development Agreement addresses all the requirements of the Option Agreement, including owner occupied covenant, all electric home design, and sale price caps. Once approved, KEG and the City will close on the property. KEG plans to begin construction this spring. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): Location Map Development Agreement Final Plat Applicable Subdivision Law.pdf 258 WELBECK D R CRESTMOORAVE LAUR E L ST STONEBROOKE RD BR I C K M A N A V E HARRISON RD WESTWIND DR BA L L E N T I N E D R Location Map 0 0.03 0.060.01 Miles IN T E R S T A T E 3 5 LINCOLN 24TH 13THONTARIO INTERSTATE 35 D A Y T O N ST A N G E U N I V E R S I T Y 16TH GEORGEW CARVER SO U T H DA K O T A AIRPORTHY L A N D LINCOLN WAY ¯Legend Subject Property Parcels 259 DEVELOPMENT AGREEMENT – HARRISON POINTE THIS AGREEMENT, made and entered into ___________________, 2026, by and between the City of Ames, (hereinafter “City”) and Keystone Equity Group, L.L.C., (hereinafter referred to as “Developer”), their successors and assigns, both collectively known as the “Parties” herein, do agree and covenant as follows: WITNESSETH THAT: WHEREAS, the Developer holds an option to purchase a parcel of real property from the City known as Lot J, Bloomington Heights West Plat 3, Ames, Story County, Iowa (hereinafter the “Site”), which is approximately 78,807 square feet in size, and is located generally West of the intersection of Welbeck Drive and Harrison Road; and WHEREAS, the option was memorialized by an Option Agreement dated May 30, 2025, and filed with the Recorder of Story County, Iowa, on June 4, 2025, as Instrument No. 2025-04201, and said Option Agreement was amended by an instrument filed December 17, 2025, as Instrument No. 2025-10669; and WHEREAS the City granted the Developer said Option to further goals of the Ames City Council related to the facilitation of diverse housing options, increasing the quality and variety of single- and multi-family housing units available, and supporting economic development within the Ames community; and WHEREAS Developer intends to subdivide the Site and improve it by constructing workforce housing comprised of 12 single-family attached homes, configured as townhomes on individual lots; and WHEREAS the Option Agreement required that the Parties enter into a Development S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E Legal description: Return document to: Document prepared by: 260 Agreement, acceptable to the City, that imposed certain requirements, conditions and restrictions upon the Developer and the Site to constitute good and valuable consideration; and NOW THEREFORE, the Parties herein have agreed and do agree as follows: I. DEVELOPER OBLIGATIONS 1. Developer shall impose a restrictive covenant upon the proposed subdivision, to be known as Harrison Pointe Subdivision, which requires all housing to be the primary residence of the titleholder (owner-occupied housing), which covenant shall not be modified, terminated, or diminished without the written consent of the City of Ames. Said covenant shall meet the approval of the City, in its sole discretion, and shall be recorded at Developer’s expense. As a condition of issuance of a certificate of occupancy for any home or unit, the City may require submission of (a) an Owner-Occupancy Affidavit signed by the titleholder confirming intend to occupy the property as the primary residence within 60 days of closing, and (b) proof of homestead or equivalent filing withing 90 days after occupancy. 2. Developer shall commence construction upon the Site no later than September 1, 2026. 3. Developer shall obey all laws affecting the development of the Site and shall develop the project in accordance with City standards and requirements. 4. All homes and/or units constructed upon the Site shall be sold or marketed for sale to original first-generation owner-occupants for a purchase price of less than (i) $279,900 for single-car garage three-unit attached townhomes; (ii) $319,900 for double-car garage bi- attached townhomes; or (iii) $300,000 for any other type of unit that may be constructed (each the respective Sale Price Cap). It is not the Parties’ intention to create a covenant capping the price or value of a property. As a condition of building permit final approval or certificate of occupancy, the City may require, in its sole discretion, that the Developer submit a City-approved closing disclosure or executed purchase agreement summary demonstrating a price at or below the Sale Price Cap together with an attestation that no side agreements, seller concessions, or related-party payments increase the effective purchase price above the Sale Price Cap. 5. All homes and/or units constructed upon the Site shall be all electric with no natural gas heating, appliances or fireplaces allowed. Developer shall be required to install and utilize 261 Carrier products as shown on Exhibit ‘A’ attached hereto, or their equivalent, as may be allowed in writing by the Director of Planning & Housing in his sole discretion. 6. Upon written default, the Developer or applicable owner shall have 30 days to cure a non- monetary default (or commence cure and diligently pursue to completion where cure cannot reasonably be completed within 30 days), and 10 days to cure any monetary default. The City may seek specific performance and injunctive relief to compel compliance with the terms of this Agreement and prohibit continued or future violations, without the necessity of demonstrating irreparable harm or posting bond. For each sale or marketing above the Sale Price Cap, the Developer, or the party responsible for the violation shall pay liquidated damages equal to the amount by which the sale/marketing price exceeded the applicable Sales Price Cap plus the City’s reasonable costs of enforcement. The Parties acknowledge that the foregoing amounts are a reasonable estimate of damages that would be difficult to ascertain at the time of contracting and are intended as liquidated damages and not as a penalty. 7. In the event of default, the City may withhold or revoke building permits, certificates of occupancy, and inspections for the affected lot(s) or unit(s) and may suspend review of subsequent phases of development until the default is cured. If a unit or owner is in violation of the Covenants at any time prior to complete cure, that unit shall be ineligible for any discretionary City incentives associated with the Project during the period of noncompliance. II. CITY REQUIREMENTS 1. The City shall maintain the opportunity for the Developer to apply for the Ames Municipal Electric Net Zero Ready New Home Rebate. However, nothing herein shall obligate the City to grant said rebate if Developer fails to apply or does not otherwise qualify for the rebate, or if the Developer does not otherwise comply with the terms of this Agreement, nor shall the City be obligated to offer the program or extend the program. 2. The City shall make available the Citywide Ownership Housing Urban Revitalization Area 5-Year property tax abatement program to the owner-occupants under its existing terms. Nothing herein shall require the City to grant tax abatement to an applicant for a home completed after December 2027, or for an application that does not otherwise qualify for tax abatement or that does not otherwise comply with the terms of this Agreement. 262 III. NON-INCLUSION OF OTHER IMPROVEMENT OBLIGATIONS The Parties acknowledge and agree that this Agreement is made and executed in contemplation of Developer’s preparation of a plan for development, without review or approval of the specific required plans for development of the Site. The intent of the Parties to this Agreement is that the improvement obligations addressed above are not an exhaustive list of public improvements that may be required by the City for the subject Site. The parties acknowledge and agree this Agreement is not intended to anticipate or enumerate the infrastructure and code requirements that may be imposed by the City for the development of the Site. The Parties acknowledge, understand and agree that all work done by and on behalf of the Developer with respect to other improvements, including but not limited to, building design, building construction, and utilities, both on-site and off-site, shall be made in compliance with the Iowa Code, SUDAS, and all other federal, state and local laws and policies of general application, including but limited to building and zoning codes, whether or not such requirements are specifically stated in this Agreement. IV. COVENANT WITH THE LAND - MODIFICATION This Agreement may not be modified without the written consent of all Parties thereto. Developer shall not assign any of its obligations under this agreement without the written consent of the City. The terms of this Development Agreement shall run with the land and shall be binding upon successors and assigns of the Parties, unless expressly stated otherwise. Any request by Developer or a successor owner to modify or terminate any covenant shall be submitted in writing to the City with supporting documentation demonstrating: (a) the specific relief requested; (b) the factual basis and good cause; (c) that the requested change is consistent with the purposes of this Agreement; and (d) proposed alternative measures; if any, to maintain the public benefits intended by the covenants. The City may approve, approve with conditions, or deny such a request in its sole discretion where applicable under the Agreement following such administrative review and public consideration as the City deems appropriate. Any approval shall be in a written instrument executed by authorized City officials and recorded against the affected property. If the City is required to file any action to enforce the Covenants herein, it shall be entitled to reimbursement of its reasonable costs to maintain said action provided that the City prevails. The remedies herein are cumulative and in addition to any other rights or remedies available at law or in equity. No delay or failure by the City to enforce any covenant shall constitute a waiver or estoppel as to any past, present, or future violation. IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed effective as of the date first above written. 263 DEVELOPER: KEYSTONE EQUITY GROUP, LLC By: Manager STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on ______________________, 2026, by Khoa Bui as Manager of Keystone Equity Group, L.L.C. NOTARY PUBLIC 264 Passed and approved on ____________________________, 202_____, by Resolution No. 26- ___________ adopted by the City Council of the City of Ames, Iowa. CITY OF AMES, IOWA John A. Haila, Renee Hall, STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on _______________________, 202_____, by John A. Haila and Renee Hall, as Mayor and City Clerk, respectively, of the City of Ames, Iowa. NOTARY PUBLIC 265 Exhibit ‘A’ [ A t t a c h E x h i b i t S h e e t s f o r C a r r i e r P r o d u c t s ] 266 267 268 269 270 DR BLOOMINGTON RD AV E AV E DR CIR GRANT AV E HY D E A V E DR WE L B E C K CL I N T O N A V E CR E S T M O O R A V E TIV E R T O N C T LAUREL ST BR I C K MA N WES T LA W N HY D E AVE BE R K SH I R E EI S E N HO W ER HAR R I S O N RD WIND FIELD GR A Y H A W K DR STAN G E RD MILST E A D RD BA L L E N T I N E D R DANBURY RD CIR BR I G H T O N V: \ P r o j e c t s \ 2 0 2 5 \ 1 2 5 . 0 4 4 8 . 0 1 \ C A D D \ F P L T _ 1 2 5 0 4 4 8 . d w g DG U T H R I D G E , 22 X 3 4 E X H I B I T L , 20 2 6 / 0 3 / 1 2 , 11 : 3 8 A M , AN S I F U L L B L E E D D ( 3 4 . 0 0 X 2 2 . 0 0 I N C H E S ) BY DA T E RE V I S I O N MA R K Sc a l e : Te c h n i c i a n : T- R - S : SN Y D E R & A S S O C I A T E S , I N C . | Ch e c k e d B y : En g i n e e r : Da t e : 1" = Pr o j e c t N o : Sh e e t Project No: Sheet 27 2 7 S . W . S N Y D E R B L V D AN K E N Y , I O W A 5 0 0 2 3 51 5 - 9 6 4 - 2 0 2 0 | w w w . s n y d e r - a s s o c i a t e s . c o m ED G DC G 20 2 6 - 0 1 - 0 5 NT S 12 5 . 0 4 4 8 1 O F 2 125.0448 1 OF 2 HA R R I S O N P O I N T E FI N A L P L A T AM E S , I O W A 84 N - 2 4 W - 2 8 FEET 0 NTS AREA ABOVE RESERVED FOR RECORDER INDEX LEGEND SURVEYOR'S NAME / RETURN TO: ERIN D. GRIFFIN EGRIFFIN@SNYDER-ASSOCIATES.COM SERVICE PROVIDED BY: SNYDER & ASSOCIATES, INC. SURVEY LOCATED: LOT 'J' BLOOMINGTON HEIGHTS WEST PLAT 3 REQUESTED BY: KEYSTONE EQUITY GROUP, LLC HARRISON POINTE (OFFICIAL REPLAT OF LOT J, BLOOMINGTON HEIGHTS WEST PLAT 3) FINAL PLAT SNYDER & ASSOCIATES, INC. 2727 S.W. SNYDER BLVD ANKENY, IOWA 50023 515-964-2020 LEGEND FEATURES FOUND SET PLSS Section Corner Land Survey Monument (1/2" Rebar, YPC # 19710 Unless Otherwise Noted) R.O.W. Rail Centerline Reference Monument (Cut "X", Unless Otherwise Noted) Calculated Corner Platted Distance P Measured Bearing & Distance M Recorded As R Deed Distance D Calculated Distance C Yellow Plastic Cap YPC Centerline Section Line 1/4 Section Line 1/4 1/4 Section Line Easement Line PROPERTY DESCRIPTION LOT “J”, BLOOMINGTON HEIGHTS WEST PLAT 3, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA. DATE OF SURVEY SEPTEMBER 25, 2025 PROPERTY OWNER CITY OF AMES 515 CLARK AVE. AMES, IA 50010 PROPERTY DEVELOPER KEYSTONE EQUITY GROUP LLC 5031 TIMBERWOOD CT. WEST DES MOINES, IA 50265 CONTACT: JD ALBRIGHT PHONE: (515) 897-9062 AREA SUMMARY GROSS AREA: 78,881 SF (1.81 AC) ZONING FS-RL WITH PUD OVERLAY - FLOATING ZONING SUBURBAN LOW DENSITY WITH A PLANNED UNIT DEVELOPMENT OVERLAY. BULK REGULATIONS EXTERIOR FRONT YARD SETBACK: 20 FEET EXTERIOR SIDE YARD SETBACK:20 FEET ON EACH SIDE EXTERIOR REAR YARD SETBACK:20 FEET FLOODPLAIN THE FLOOD ZONE DESIGNATION FOR THE SUBJECT PROPERTY IS ZONE X, BEING AREA OF MINIMAL FLOOD HAZARD, AS PER THE FLOOD INSURANCE RATE MAP FOR THE CITY OF AMES, IOWA, PANEL NUMBER 19169C0142F, EFFECTIVE DATE JANUARY 15, 2021. NOTE 1.SOIL BORINGS ARE REQUIRED IN AREAS WITHIN THIS PLAT WHICH HAVE BEEN IDENTIFIED BY THE CITY OF AMES AS HAVING SOILS THAT MAKE CONSTRUCTION OF BUILDING DIFFICULT. VICINITY MAP AMES, IOWA Erin D. Griffin, PLS Date License Number 19710 My License Renewal Date is December 31, 2027 Pages or sheets covered by this seal: ERIN D. GRIFFIN 19710 AIOW LICENSEDPROFESSIONAL LANDSURVEYOR I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. PROPERTY LOCATION 271 20' BSL 20 ' B S L 20' B S L 20 ' B S L 2,480 SF 0.06 AC 10 1,860 SF 0.04 AC 6 2,480 SF 0.06 AC 5 2,818 SF 0.06 AC 4 1,860 SF 0.04 AC 9 2,580 SF 0.06 AC 11 2,844 SF 0.07 AC 2 2,325 SF 0.05 AC 8 2,781 SF 0.06 AC 1 2,325 SF 0.05 AC 7 N2 7 ° 5 7 ' 2 7 " W 2 8 0 . 3 2 ' M N2 7 ° 2 5 ' 3 0 " W 2 8 0 . 0 0 ' R C1 S2 7 ° 4 5 ' 1 6 " E 6 3 . 1 8 ' M S2 7 ° 2 5 ' 2 9 " E 6 3 . 0 4 ' P C2 N49 ° 4 3 ' 3 6 " E 4 2 5 . 3 0 ' P 36.66' 36.67' N1 0 ° 5 2 ' 5 3 " E 72 . 2 4 ' C4 12.87' 12.87' C5 S1 0 ° 5 2 ' 5 3 " W 80 . 7 5 ' S79°07'07" E 7 3 . 3 3 ' L11 N2 7 ° 5 1 ' 4 2 " W 46 . 6 9 ' S62° 1 1 ' 3 4 " W 76.85 ' S1 0 ° 5 2 ' 5 3 " W 76 . 8 3 ' N62° 1 1 ' 3 4 " E 76.85 ' C6 10 . 0 2 ' 36 . 6 7 ' 36 . 6 7 ' 36 . 6 7 ' S2 7 ° 5 1 ' 4 2 " E 7 3 . 3 3 ' S2 7 ° 5 1 ' 4 2 " E 66 . 4 9 ' 36.67 ' 36.67 'S62° 2 0 ' 3 8 " W 7 3 . 3 3 ' S2 7 ° 5 1 ' 4 2 " E 62 . 0 2 ' C7 17.93 ' 21.00 ' C8 S2 7 ° 5 1 ' 4 2 " E 71 . 9 0 ' 37 . 5 0 ' 40 . 0 0 ' 30 . 0 0 ' 37 . 5 0 ' 40 . 0 0 ' 30 . 0 0 ' S2 7 ° 5 1 ' 4 2 " E 2 1 5 . 0 0 ' 40 . 0 0 ' 30 . 0 0 ' 37 . 5 0 ' 37 . 5 0 ' 30 . 0 0 ' 40 . 0 0 ' N2 7 ° 5 1 ' 4 2 " W 2 1 5 . 0 0 ' N62° 0 8 ' 1 8 " E 62.00 ' S62° 0 8 ' 1 8 " W 62.00 ' S62° 0 8 ' 1 8 " W 62.00 ' S62° 0 8 ' 1 8 " W 62.00 ' S62° 0 8 ' 1 8 " W 62.00 ' S62° 0 8 ' 1 8 " W 62.00 ' S62° 0 8 ' 1 8 " W 62.00 ' 82.43' 31.71' 84.67' 82.0 3 ' 41.1 1 ' L8 L9 L7 L6 L9 LINE TABLE LINE # L1 L2 L3 L4 L5 L6 L7 L8 L9 L9 L10 L11 L12 L13 LENGTH (FT) 11.39 8.02 23.02 22.97 26.26 24.45 16.18 14.22 31.94 48.21 38.93 25.73 9.95 2.57 DIRECTION S27° 45' 16"E S27° 45' 16"E S62° 08' 18"W S62° 08' 18"W N79° 07' 07"W S27° 51' 42"E S27° 51' 42"E S27° 51' 42"E S27° 51' 42"E N10° 52' 53"E N62° 20' 38"E N79° 07' 07"W N62° 08' 18"E N67° 40' 05"W 25' Storm Sewer, Surface Water Flowage & Storm Water Storage Easement (Inst. #200400011864) 5' PUE (Inst. #200400011864) 5' PUE (Inst. #200400011864) 15' Storm Sewer Easement (Inst. #200400011864) 15' Storm Sewer Easment (Inst. #200300021762) 30' Storm Sewer Easement (Inst. #200300021762) 15' Storm Sewer Easement (Inst. #200300021762) 5' PUE (Inst. #202500005285) 10' WATER MAIN EASEMENT 5' PUE 10' P U E 10' PUE & STORM SEWER EASEMENT L10 10' INGRESS/EGRESS EASEMENT LOT 36 LOT 35 LOT 34 LOT 33 BLOOM I N G T O N H E I G H T S WEST P L A T 2 BLOOM I N G T O N H E I G H T S WEST P L A T 2 BLOOM I N G T O N H E I G H T S WEST P L A T 3 BLOOM I N G T O N H E I G H T S WEST P L A T 3 LOT 20 LOT 21 LOT 22 LOT 23 5' PUE 5' PUE WE L B E C K D R I V E (5 5 . 0 0 ' R . O . W . ) UN I O N P A C I F I C R A I L R O A D 10 0 . 0 0 ' R . O . W . BLOOM I N G T O N H E I G H T S WEST P L A T 3 LOT 'J' NW Corner Lot 'J' Bloomington Heights West Plat 3 Fnd 5/8" Rebar W/ Orange Plastic Cap, Shepard #12265 SW Corner Lot 'J' Bloomington Heights West Plat 3 Fnd 1/2" Rebar W/ YPC #17161 SE Corner Lot 'J' Bloomington Heights West Plat 3 Fnd 5/8" Rebar W/ YPC #7844 Fnd 5/8" Rebar W/ YPC #7844 Fnd 5/8" Rebar S49 ° 4 5 ' 0 7 " W 4 2 4 . 1 4 ' M NE Corner Bloomington Heights West Plat 3 Fnd 5/8" Rebar N74°16' 3 3 " E 4 2 4 . 3 5 ' M S74°48' 3 8 " W 4 2 4 . 6 7 ' P 3' 7' 10' WATER MAIN EASEMENT L4 C11 C12 C13 L5 C14 N62° 0 8 ' 1 8 " E 9 1 . 7 6 ' S62° 1 2 ' 1 4 " W 8 8 . 4 7 ' L3 C9 C10 10' PUE & STORM SEWER EASEMENT 254 . 8 7 ' S76°32'2 4 " E 9 2 . 2 4 ' L1 L2 21 . 9 8 ' L13 CURVE TABLE CURVE NO. C1 M C1 P C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 Δ 1°15'19" 1°15'52" 0°12'39" 21°49'50" 22°48'20" 72°13'59" 54°45'08" 28°41'37" 38°13'19" 78°19'30" 38°13'19" 30°17'28" 46°40'25" 41°26'47" RADIUS 1027.51' 1027.51' 1027.51' 64.00' 61.00' 28.00' 23.00' 33.48' 117.00' 46.74' 87.00' 105.00' 90.00' 35.00' ARC LENGTH 22.51' 22.67' 3.78' 24.38' 24.28' 35.30' 21.98' 16.77' 78.05' 63.90' 58.04' 55.51' 73.31' 25.32' TANGENT 11.26' 11.34' 1.89' 12.34' 12.30' 20.43' 11.91' 8.56' 40.54' 38.07' 30.15' 28.42' 38.83' 13.24' CHORD BEARING/LENGTH S28°26'07"E 22.51' S26°47'34"E 22.67' S28°57'28"E 3.78' N89°57'58"E 24.24' S88°28'26"E 24.12' S63°58'41"E 33.01' S34°29'21"W 21.15' S81°23'22"W 16.59' S43°01'38"W 76.61' S55°08'07"W 59.04' S43°01'38"W 56.97' S39°03'43"W 54.87' S77°32'40"W 71.30' S82°51'41"W 24.77' C2 M 2°13'13"372.50'14.44'7.22'S26°56'29"E 14.43' C2 P 2°13'13"372.50'14.44'7.22'N26°56'29"W 14.43' 49,256 SF 1.13 AC OUTLOT "X" 2,679 SF 0.06 AC 3 3' 7' 2,605 SF 0.06 AC 12 5' PUE 35.00 ' 7' 2616 2618 26 2 2 26 2 4 26 3 4 26 3 6 26 3 8 26 3 7 26 3 5 26 3 3 2623 2625 61.76 ' S3 5 ° 2 9 ' 1 0 " W 7 7 . 1 0 ' N79°07'07" W 6 1 . 9 2 ' S62° 1 1 ' 3 4 " W 1 2 5 . 8 0 ' N62° 1 1 ' 3 4 " E 1 2 9 . 3 1 ' N79°07'07" W 5 9 . 0 1 ' N62° 1 1 ' 3 4 " E 57.39 ' BP STA 0+00.00 PI STA 1+03.63 EP STA 2+00.00 BP STA 10+00.00 PI STA 10+04.19 PC STA 10+80.95 PT STA 11+16.73 PC STA 11+42.67 PCC STA 12+03.77 PRC STA 12+51.35 PT STA 13+19.39 PI STA 13+42.38 EP STA 13+69.39 10' WA T E R M A I N EASEM E N T 30' ING R E S S / E G R E S S & SA N I T A R Y SEW E R E A S E M E N T 30' INGR E S S / E G R E S S & SA N I T A R Y SEW E R E A S E M E N T HA R R I S O N C O U R T V: \ P r o j e c t s \ 2 0 2 5 \ 1 2 5 . 0 4 4 8 . 0 1 \ C A D D \ F P L T _ 1 2 5 0 4 4 8 . d w g DG U T H R I D G E , 22 X 3 4 E X H I B I T L , 20 2 6 / 0 3 / 1 2 , 11 : 3 8 A M , AN S I F U L L B L E E D D ( 3 4 . 0 0 X 2 2 . 0 0 I N C H E S ) BY DA T E RE V I S I O N MA R K Sc a l e : Te c h n i c i a n : T- R - S : SN Y D E R & A S S O C I A T E S , I N C . | Ch e c k e d B y : En g i n e e r : Da t e : 1" = Pr o j e c t N o : Sh e e t Project No: Sheet 27 2 7 S . W . S N Y D E R B L V D AN K E N Y , I O W A 5 0 0 2 3 51 5 - 9 6 4 - 2 0 2 0 | w w w . s n y d e r - a s s o c i a t e s . c o m ED G DC G 20 2 6 - 0 1 - 0 5 20 ' 12 5 . 0 4 4 8 2 O F 2 125.0448 2 OF 2 HA R R I S O N P O I N T E FI N A L P L A T AM E S , I O W A 84 N - 2 4 W - 2 8 FEET 0 20 HARRISON POINTE (OFFICIAL REPLAT OF LOT J, BLOOMINGTON HEIGHTS WEST PLAT 3) FINAL PLAT 272 5 Attachment C: Applicable Subdivision Law The City’s subdivision regulations are included in Chapter 23 of the Ames Municipal Code. Once the applicant has completed the necessary requirements, including provision of required public improvements or provision of financial security for their completion, a “final plat application” may then be submitted for City Council approval. After City Council approval of the final plat, it must then be recorded with the County Recorder to become an officially recognized subdivision plat. The final plat must be found to conform to the ordinances of the City and any conditions placed upon the preliminary plat approval. Ames Municipal Code Chapter 23, Subdivisions, Division I, outlines the general provisions for subdivisions within the City limits and within two miles of the City limits of Ames. Ames Municipal Code Section 23.302(10): (10) City Council Action on Final Plat for Major Subdivision: (a) All proposed subdivision plats shall be submitted to the City Council for review and approval. 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. (c) The City Council may: (i) deny any subdivision where the reasonably anticipated impact of such subdivision will create such a burden on existing public improvements or such a need for new public improvements that the area of the City affected by such impact will be unable to conform to level of service standards set forth in the Land Use Policy Plan or other capital project or growth management plan of the City until such time that the City upgrades such public improvements in accordance with schedules set forth in such plans; or, (ii) approve any subdivision subject to the condition that the Applicant contribute to so much of such upgrade of public improvements as the need for such upgrade is directly and proportionately attributable to such impact as determined at the sole discretion of the City. The terms, conditions and amortization schedule for such contribution may be incorporated within an Improvement Agreement as set forth in Section 23.304 of the Regulations. (d) Prior to granting approval of a major subdivision Final Plat, the City Council may permit the plat to be divided into two or more sections and may impose such conditions upon approval of each section as it deems necessary to assure orderly development of the subdivision. (e) Following such examination, and within 60 days of the Applicant's filing of the complete Application for Final Plat Approval of a Major Subdivision with the Department of Planning and Housing, the City Council shall approve, approve subject to conditions, or disapprove the Application for Final Plat Approval of a Major Subdivision. The City Council shall set forth its reasons for disapproving any Application or for conditioning its approval of any Application in its official records and shall provide a written copy of such reasons to the developer. The City Council shall pass a resolution accepting the Final Plat for any Application that it approves. (Ord. No. 3524, 5-25-99) 273 ITEM #:37 DEPT:Admin March 24, 2026 Staff Report TREE REMOVAL AT 624 DUFF AVENUE BACKGROUND: At its meeting on March 10, 2026, the City Council directed that a matter related to a tree removal at 624 Duff Avenue be placed on a future agenda for discussion. On November 18, 2025, the City Forester received an email from an Iowa State Professor regarding a dead tree at 624 Duff Avenue questioning who the responsible party would be if the tree failed and fell into Duff Avenue. The Forester viewed the tree and found it to be an imminent danger due to there being a hole through the center of the tree. As a result, the Forester asked Inspections to open a code case for the tree. Inspections staff contacted the City’s Legal Department to confirm there was support to move forward with abatement of the tree under emergency abatement procedures. Legal staff responded that they were supportive if the Forester was willing to testify to the imminent status. The Forester agreed to testify to the imminent status and to draft an official assessment for the record. The Community Codes Liaison opened a case on November 18, 2025. As with any imminent case, staff attempted to make contact with the owner through all available resources. Staff were unable to make contact via phone calls and text messages. A voice message left with the property owner explained the tree had been declared an imminent danger, the City would be removing the tree immediately, and that all charges associated with removal would be assessed to the property. Weiss Tree Service was contacted for tree removal. Weiss agreed the tree was a danger and understood the expedited timeline for removal. They agreed to remove the tree the next day and coordinated traffic control to shut down the eastern lane of Duff Avenue and with the Electric Department to protect adjacent power lines. On November 19, 2025, Inspections staff had not yet made contact with the property owner so they attempted an on-site visit prior to the scheduled tree removal. The owner was not home at the time so staff remained on-site through the removal process. The Forester was on-site conducting the damage assessment and commented that the property owner had reached out in September asking if there were any cost-share programs for tree removal. The owner called staff on November 20, 2025 and was happy to have the tree removed, but uncertain about her ability to pay. The Community Codes Liaison sent the property owner a copy of the invoice for $8,025 on November 22, 2025 and directed them to the Finance Department to discuss the possibility of a payment plan." Subsequent to the removal of the tree, the City Manager received a call from Mrs. Robinson, 274 who identified herself as the owner of the property from which the tree was removed. She was concerned by the amount of the bill, $8,000, and the fact she was not given enough advance warning for her to solicit bids from other contractors that, she believed, could have been less than the amount she is being billed. Staff is sympathetic to her concerns. The significant cost apparently was due to the fact it was a large tree complicated by the requirement that Duff Avenue had to be closed down during the removal process. In this instance, there was not sufficient time for alternate bids to be solicited by the property owner. Unfortunately, there is no way to determine how much less, if any, the bids would have been if Mrs. Robinson had been able to seek alternate bids. OPTIONS: Staff believes it is appropriate for the City Council to provide direction regarding how much to charge the property owner in this unusual case. The following options (and others) could be considered by the Council: Amount $8,000 $6,000 $4,000 Current Billed Amount 25% Reduction 50% Reduction Term 5 years 5 years 5 years Interest Rate 3.53%3.53%3.53% Annual Payment $1,774 $1,330 $887 Term 10 years 10 years 10 years Interest Rate 4.09%4.09%4.09% Annual Payment $991 $743 $495 Term 15 years 15 years 15 years Interest Rate 4.25%4.25%4.25% Annual Payment $732 $549 $336 STAFF COMMENTS: This is an unusual tree removal situation. This large tree was found by the City Forester to be an imminent danger, and therefore removal was warranted. The tree removal required the closure of traffic lanes to safely proceed, which increased the cost associated with the removal. Despite attempts to make contact with the resident, staff was unable to make contact between the time the tree was identified as a hazard and when it was taken down. The resident believes that had she been provided an opportunity to do so, she would have been able to obtain competitive quotes for the removal of the tree. Unfortunately, it is not possible to determine after-the-fact whether this would have been the case. The City Council may believe in this instance that a reduction in the amount owed for the tree removal is warranted. ATTACHMENT(S): 275 ITEM #:38 DATE:03-24-26 DEPT:ADMIN SUBJECT:DETERMINATION OF NON-RESPONSIBLE CONTRACTOR FOR THE PURPOSE OF BIDDING ON CITY PROJECTS COUNCIL ACTION FORM BACKGROUND: The City Council agenda for March 10, 2026 contained an item asking the City Council to determine whether Jordison Construction, Urbandale, IA should be declared to be non- responsible for the purpose of bidding on City of Ames construction contracts. The original report to the City Council is attached. At that time, the discussion was tabled to the March 24, 2026 meeting. The reason for the tabling related to an objection from an attorney representing Jordison Construction regarding the amount of notice provided to Jordison prior to the March 10 Council meeting. The City Attorney has since had conversations with Jordison's attorney. A memo has been prepared by the City Attorney recommending an alternative course of action to those presented in the March 10 Council Action Form. The City Attorney's recommendation is to accept Jordison Construction's offer to withdraw its pending bid for the Resource Recovery and Recycling Campus project, and not proceeding with a determination on whether Jordison is a non-responsible bidder. The memo is attached. ALTERNATIVES: 1. Accept Jordison Construction's bid withdrawal for the Resource Recovery and Recycling Campus project, and address Jordison's status as a responsible bidder on a case-by- case basis for future bids. 2. Do not accept Jordison Construction's bid withdrawal. 3. Refer this item to staff for further information. CITY MANAGER'S RECOMMENDED ACTION: The City is dependent on contractors to perform construction work on City infrastructure. State law requires contracts to be awarded to the lowest responsive, responsible bidder. Following further analysis, the City Attorney recommends that the City Council permit Jordison to withdraw its pending bid with the City for the Resource Recovery and Recycling Campus project, and that the City Council evaluate whether Jordison is a responsible bidder on a case- by-case basis when considering the award of future bids. Therefore, it is the recommendation of the City Manager that the City Council follow the City Attorney's recommendation and adopt Alternative No. 1, as described above. 276 ATTACHMENT(S): March 10 Council Action Form Mallory Law Letter.pdf Memo from City Attorney 277 ITEM #:37 DATE:03-10-26 DEPT:ADMIN SUBJECT:DETERMINATION OF NON-RESPONSIBLE CONTRACTOR FOR THE PURPOSE OF BIDDING ON CITY PROJECTS COUNCIL ACTION FORM BACKGROUND: Chapter 26 of Iowa Code outlines the requirements for bidding on construction contracts undertaken by the City. According to Section 26.9, the City is obligated to award a contract for a public improvement to the lowest responsive, responsible bidder. SCHAINKER PLAZA CONCRETE WORK In 2022, the City awarded a contract for the construction of the Steven L. Schainker Plaza, located across the street from City Hall. The awarded contractor retained a sub-contractor to handle the construction of the ice-making components of the plaza. This sub-contractor subsequently retained a concrete contractor, Jordison Construction, Inc., Urbandale, Iowa, to install the concrete for the ice ribbon, a major feature of the plaza. The ice ribbon work involved the placement of concrete over refrigerant piping, wire mesh, and insulation. The concrete was placed on December 15, 2023, and in February 2024, there were apparent defects with the work. Reports documenting the pour, provided by the City's consultant, also indicated several deviations occurred during the pour from the agreed-upon installation practices and tolerances. The work performed by Jordison Construction, in the view of the City and our outside concrete expert, resulted in an unsafe, unacceptable concrete surface. On February 27, 2026, the City reached a settlement with the prime contractor on the Plaza project to remove and replace the defective work. However, as a result of the original, deficient work performed by Jordison, the City has expended an inordinate amount of time during the past two years working to remediate the unacceptable concrete surface. The completion of the plaza project has been delayed denying the public the use of this space for several years. Further, the City has had to expend additional funds to retain outside legal services and concrete diagnostic consultants to address the concrete pour. As of February 10, 2026, the costs billed for these services have totaled $156,040.56, of which $74,234.51 is for professional concrete expert services. FITCH FAMILY INDOOR AQUATIC CENTER BIDS Separately, Jordison Construction was a bidder on the Paving & Sidewalk Work bid package for the Fitch Family Indoor Aquatic Center. Jordison's bid, including alternates, was $280,300, while the second low bid was $351,588. Following the opening of bids, the City received a letter from Jordison Construction requesting to withdraw its bid (attached). The letter cited that Jordison had "[...] discovered the omission of providing and installing all of the granular paving sub-base beneath the paving and walks. By performing this work at our bid amount, it would 1278 negatively effect [sic] our business." As a result of the withdrawal of Jordison's bid, the City awarded the bid to the second lowest bidder, at an increased cost of $71,288. STAFF ANALYSIS Based on the issues described above in the City's previous experience with Jordison Construction, City staff does not have confidence that Jordison is capable of providing construction services for the City in a responsible manner in the future . According to advice from the City Attorney, only the City Council can make a determination as to whether a contractor is non-responsible. If the City Council does make such a determination, then Jordison Construction would be unable to be awarded a contract for a project bid by the City of Ames. The Purchasing Manager has advised that a period of time be established during which a non- responsible bidder would be unable to be awarded a contract. For comparison purposes, in instances where Iowa State University makes such a declaration, the contractor may not be awarded a bid for a period of at least three years. After the three-year period, the contractor may then provide information to the City demonstrating the changes it has made to its practices, capabilities, organization, or other pertinent areas in order to prevent problems like those that have resulted in a declaration that they are not responsible. The City Council could at that time determine whether those changes are sufficient to authorize the contractor to be able to be awarded a contract with the City in the future. ALTERNATIVES: 1. Approve a resolution determining Jordison Construction, Urbandale, Iowa to be a non- responsible bidder for the purpose of bidding on City projects, based on the findings identified above. Jordison would be eligible to return to good standing after three years by providing information to the satisfaction of the City Council that the issues the City has encountered with Jordison will not be repeated. 2. Do not determine that Jordison Construction is non-responsible, and allow Jordison Construction to remain eligible to bid on public improvement contracts for the City of Ames. CITY MANAGER'S RECOMMENDED ACTION: The City is dependent on contractors to perform construction work on City infrastructure. State law requires contracts to be awarded to the lowest responsive, responsible bidder. The City's experience with Jordison Construction placing the concrete at Schainker Plaza has been extremely challenging. The concrete work was deficient and the City has expended considerable time and money pursuing a resolution to work performed by Jordison, delaying the opening of the plaza by several years. 2279 This experience has not proven to be a value to the community taxpayers, and therefore staff believes it is in the City's best interest to take steps to declare Jordison Construction to be a non-responsible bidder. Jordison would be eligible to return to good standing after three years by providing information to the satisfaction of the City Council that the issues the City has encountered with Jordison will not be repeated. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. ATTACHMENT(S): Jordison_Withdrawal_Letter.pdf 3280 4281 1 MALLORY LAW 12012 Ridgemont Dr. Urbandale, Iowa 50323 T: 515-207-2365 F: 515-608-4638 BILLY J. MALLORY March 20, 2026 Via Email only. Mark Lambert Ames City Attorney mark.lambert@cityofames.org Dear Mr. Lambert: Thank you again for your time and for the discussions we have had since my prior letter. As a follow-up to those discussions, I write to confirm that Jordison’s goal remains to avoid unnecessary conflict with the City of Ames and to identify a practical path forward. We understand the frustration surrounding the Schainker Plaza Ice Rink project and the pressure the Council has faced in addressing that situation. Our objective is not to escalate this matter, but to find a resolution that avoids a broader dispute and allows the City to move forward promptly with the Resource Recovery and Recycling Campus project without delay, distraction, or dispute. If the City is agreeable, Jordison is willing to withdraw its bid for the Resource Recovery and Recycling Campus project, without penalty to Jordison, provided the City does not proceed with Monday night’s hearing or other action directed toward any broader non-responsibility, disqualification, or similar determination. Jordison continues to have concerns regarding the legality and fairness of proceeding on that broader issue under the current circumstances, but offers this proposal in an effort to take those issues off the table and allow the City to proceed with the Resource Recovery and Recycling Campus project without further delay or dispute. Jordison remains committed to maintaining a constructive relationship with the City of Ames and hopes this proposal will provide a straightforward and amicable resolution of the current matter. It would allow the Resource Recovery and Recycling Campus project to proceed without distraction, avoid the need to address any broader designation in this setting, and preserve the possibility that Jordison and the City may, under appropriate circumstances in the future, work together constructively. Thank you again for your time, attention, and willingness to discuss this matter. Sincerely, BILLY J. MALLORY 282 Caring People Quality Programs Exceptional Service 515.239.5146 main 515.239.5142 fax 515 Clark Ave. Ames, IA 50010 www.CityofAmes.org Legal Department MEMO Legal Department To: Mayor Haila, Ames City Council From: Mark O. Lambert, City Attorney Date: March 24, 2026 Subject: “Non-responsible bidder” determination This agenda item is for the Council to consider whether to make a determination that Jordison Construction, Inc. was a “non-responsible bidder” for purposes of bidding on City projects. The Iowa Public Bidding Law (Chapter 26, Iowa Code) requires that contracts be awarded to the “lowest responsive, responsible bidder.” Since the last Council meeting, Jordison’s attorney has called me to discuss the matter. His opinion is that while the City could determine that Jordison was a non-responsible bidder, the proposed prohibition on Jordison bidding on City projects for three years was, in his opinion, in violation of Iowa law. His position is that a bidder can only be determined non-responsible on a bid-by-bid basis. Iowa Code section 26.16 states: “A governmental entity shall not by ordinance, rule, or any other action relating to contracts for public improvements for which competitive bids are required by this chapter impose any requirement that directly or indirectly, restricts potential bidders to any predetermined class of bidders to any predetermined class of bidders defined by experience on similar projects, size of company, union membership, or any other criteria.” I am not fully convinced this statute would mean that the City could not prohibit a firm determined to be non-responsible from bidding on City projects for a period of time, but the Iowa Code language certainly could be read that way. Our understanding is that Iowa State University does so, but there are different Iowa Code provisions for contracts at a regents institution that may apply and would require further research to evaluate. Therefore, my recommendation would be for the Council not to adopt a 3-year prohibition, to avoid potential litigation, and the Council Action Form has been amended removing the potential 3-year ban on bidding. 283 Meanwhile, Jordison has sent a letter stating that it wishes to withdraw its bid on the Resource Recovery concrete work. This addresses the immediate concern. Therefore, I recommend that the Council adopt a motion allowing Jordison to withdraw its bid on the Resource Recovery project and not proceed with a determination on whether Jordison is a non-responsible bidder. 284 To:Mayor & City Council From:Bethany Ballou, Director of Human Resources Date:March 24, 2026 Subject:Amendments to City Attorney job description Item No. 39 MEMO The City Attorney has submitted his intent to retire in September 2026. The City Council supervises this position and will have responsibility for hiring a new City Attorney. The Human Resources staff has drafted a sample recruitment plan that outlines the timeline and elements for this recruitment. This draft plan is modeled after recruitment plans for department director positions across the organization and includes a detailed schedule for a two-day, on-site candidate experience with recommendations for: Participants Tours Public interaction City Council interaction Employee involvement The plan includes information on next steps following the on-site experience, including reference checks, salary recommendations, and the offer process. If Council chooses to move forward with the proposed plan, the City Attorney position will be advertised in May with an anticipated start date for the City Attorney in September. When an employee's departure creates a vacancy in a position, it is customary to review the existing job description and determine if updates are necessary. The City Attorney job description has been reviewed with input from the current City Attorney and Human Resources. While the education and experience requirements, working conditions, physical requirements, and examples of essential work are largely unchanged, a few minor changes have been suggested to reflect current expectations for the role. These changes included: 1) removal of the residency requirement, 2) removal of the word "may" when it comes to assisting and monitoring outside counsel, 3) addition of construction law experience as a preferred qualification, 4) change Human Resources 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 285 from "exposure to contract law" to "one year of experience in contract law" in the minimum requirements, and 5) formatting changes that create a new paragraph focused on the management of people. It should be noted that a job description is designed to be broad in nature, covering a wide array of possible work. It should not include specific assignments, software, and tasks, as including this level of detail could rule out qualified candidates and could limit the Council's ability to assign related but unmentioned assignments in the future. ATTACHMENT(S): City Attorney Job Description 0226.pdf Recruitment Plan for City Attorney.pdf Human Resources 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 286 CLASS TITLE: City Attorney 9366 DEFINITION: The City Attorney provides legal advice and services to the Mayor, City Council, the City Manager, City Staff, Boards and Commissions, and, when available, to the city owned Mary Greeley Medical Center in legal matters related to operations, services, and activities of the municipality. JOB FUNCTIONS: Examples of Essential Job Functions: Under the direction of the Mayor and City Council, acts as legal advisor and counsel for the City of Ames, its officers, departments, and city boards and commissions; conducts legal research; advises city officials and staff concerning legality of operations, policies, procedures, and activities. Drafts ordinances, resolutions, and other documents as directed for review and action by the Mayor and City Council. Prepares and presents staff memos, reports, other legal advice, documents, or correspondence as requested by the Mayor, City Council, or city staff. Consults with City Manager’s Office to prioritize requests from City departments for legal work. Represents and works with the City Assessor on matters related to the assessors’ work as required by the Iowa Code. Drafts and/or reviews legal documents for Mary Greeley Medical Center when requested by the hospital and/or as time allows. Attends City Council, some board and/or commission and Board of Review meetings, and provides legal advice and opinions as warranted and/or requested during the meetings or as referred for follow up. Prepares opinions about questions of law regarding the interests of the city . Represents the City in general litigation matters and prosecutes and defends all suits and actions to be brought and pending in any court in the State of Iowa or United States . Attends administrative hearings and other meetings to represent the City’s position. Management of City Attorney’s Office: Follows City adopted policies and administrative processes, including but not limited to, personnel policies; purchasing policies; pay and classification systems; Civil Service practices and policies; and performance management, hiring, and budget processes. Under the direction of the City Manager’s Office, assists in preparing and administering the annual budget for the City’s Legal Department. Supervises legal professional and support staff including leading staff in implementing department and city-wide goals and objectives. Other Job Functions: Conducts special projects and research assigned by the Mayor, City Council, or the City Manager. With approval of the City Council, may conduct special projects and research for Mary Greeley Medical Center and City Boards and Commissions. Assists and/or monitor the performance of legal work by outside counsel retained by the city to represent its interest where appropriate. Performs related duties and responsibilities as required. EXCELLENCE THROUGH PEOPLE: Each city employee is expected to continually strive to bring shared values to life through our Excellence Through People (ETP) organizational culture. ETP values include: committing to continuous improvement; inspiring creativity and innovation; being customer driven; making data - driven decisions; championing employee involvement; striving for excellence; having fiscal 287 City Attorney – Page 2 stewardship; acting with honesty and integrity; exhibiting leadership; choosing a positive attitude; respect and dignity for one another; promoting safety and wellness; and cultivating teamwork. For leaders, this includes creating a work culture that brings these values to life. For all employees, this includes maintaining a Total City Perspective. The purpose of ETP is to deliver e xceptional services to the public at the best price, and for employees to experience an enjoyable and stimulating work environment. EQUIPMENT: Examples of Equipment Used on the Job: Operates a variety of office equipment including but not limited to a personal computer, copier, telephone, or related devices. Uses various software systems including but not limited to Microsoft Office Suite, databases, and legal management systems. PHYSICAL AND ENVIRONMENTAL CHARACTERISTICS: General Physical Characteristics: The work involves sitting 85 percent of the time; standing and walking 15 percent of the time; frequently lifting objects under 10 pounds; infrequently lifting objects from 10 to 25 pounds; and infrequently lifting objects from 25 to 50 pounds Vision Requirements: The minimum standard for use with those whose work deals largely with preparing and analyzing data and figures, accounting, transcription, computer terminal, extensive reading, visual inspection involving small defects or parts, use of measurement devic es, or assembly of parts at distances close to the eyes. Required Physical Activities: Climbing, stooping, kneeling, crouching, reaching, standing, walking, lifting, finger dexterity, grasping, talking, and hearing. Environmental Conditions: The work is performed inside and occasionally outside and occasionally includes being exposed to noise and/or vibration. EMPLOYMENT STANDARDS: Education and Experience: Graduation from an ABA-accredited law school with a Juris Doctorate degree and admission to practice in Iowa state courts and federal courts or obtaining admission within six months of appointment. Five (5) years’ experience in general legal practice. Must have at least one year of experience in litigation, negotiation, and contract law. Some experience in municipal or government law Additional Requirements: Must pass a credit and background check. Preferred Experience: At least three (3) years of experience in the management and supervisory capacity of legal staff and/or department. At least one (1) year of experience in real estate or construction law. 288 City Attorney – Page 3 Knowledge, Skills, and Abilities: Knowledge of modern and complex principles and practices of criminal, constitutional, municipal, human resources, labor relations, and contract law; methods and techniques of legal research; courtroom procedures; principles of legal and business letter writing and report preparation; English usage, spelling, grammar and punctuation; pertinent Federal, State, and local laws, codes and regulations. Ability to organize, interpret and apply legal principles and knowledge of legal problems; present statements of law and fact clearly and logically; prepare clear and concise legal position papers; conduct research on legal problems and prepare sound legal opinions; gain cooperation through discussion and persuasion; properly interpret and make decisions in accordance with laws, regulations and policies; communicate concisely and clearly both orally and in writing; establish and maintain effective working relationships with those contacted in course of work; make sound decisions and use good judgment, determine the appropriate approach to use for lawsuits, and demonstration of intellectual capabilities. Ability to plan and supervise the work of professional staff. Ability to understand and follow oral and/or written policies, procedures, and instructions. 289 Recruitment Plan for City Attorney The recruitment plan consists of several elements including: • Advertising • Application Review • Phone Interviews • Onsite Experience • Selection • References • Contingent Offer • Final Offer The following is an estimated timeline and description of events: Advertising: March: Mayor will meet individually with Legal Office staff members to listen to desired characteristics of the next City Attorney. Feedback is incorporated into the brochure and ads. Mid-April: HR staff will work with the Communications and Outreach team to develop a brochure for this position. May 1: Post position on City Website (Governmentjobs.com), Iowa Bar Association, Indeed, ISU Alumni Association, University of Iowa, and Drake Law Schools, International Municipal Lawyers Association, and Iowa League of Cities. HR Director will also push the posting to individuals who may be interested in the opportunity. The position will be posted until May 31. Application Review: May 1-June 5, HR Director will review each application and screen for minimum qualifications. Passing applicants will move to review by a City Council subcommittee consisting of the Mayor and two City Council members appointed by the Mayor. The subcommittee and HR Director will determine which candidates will be invited to participate in phone interviews. This determination will be based on a score of application materials and answers to supplemental questions. Phone Interviews: June 8-10, depending on number of candidates. The Mayor, two members of City Council (appointed by the Mayor), one Assistant City Manager, and HR Director will participate in phone interviews and make a determination , based on scores, which candidates to invite for the on-site experience. On-Site Interview Experience: June 15-26, the On-site Experience consists of several elements over two days that will help City Council make the hiring decision , outlined below. 290 Day 1 Duration Activity Those Involved Notes 30 minutes HR Intro Bethany Ballou, HR Director Discuss schedule, review benefits 15-30 minutes Council Intro Mayor Welcome, initial conversation 90 minutes Panel Interview City Council, HR Director Formal interview – closed session upon candidate request 45 minutes Meet and Greet with Legal Department Legal Dept employees Conversation starter questions, opportunity to get to know the candidate 30 minutes Lunch Break Candidate We will bring lunch in for the candidate, and they can relax on their own for a few minutes before continuing the day 60 minutes ELT Interview Executive Leadership Team (department heads) ELT-led interview – opportunity to interact with candidate 15 minutes Break Candidate 2 hours, 15 minutes City Tour Keith Abraham, Parks and Recreation Director and/or John Dunn, WPC Director Opportunity for candidates to see Ames and various City facilities and projects 30 minutes Prep/set up for public presentation Candidate (HR Director will help with setup) Council Chambers 60 minutes Public Presentation Candidate, Council, Public Opportunity for public to meet candidate and provide feedback (using feedback forms). HR will specifically invite people as directed. A press release will announce all candidates and public presentation times 291 60-90 minutes Dinner Candidate, Mayor, two City Council members (appointed by the Mayor), ISU City Council representative, Human Resources Director Opportunity to dig deeper into expectations and the role in general – as well as provide the candidate time to ask questions in a less formal setting Day 2 90 minutes Written Exercise Candidate Review a vendor contract and make recommendations for a contract that best reflects the City’s interests. 60 minutes City Hall Tour Assistant City Attorney Tour the office spaces, make introductions, and talk departments interact with Legal 15 minutes Break 90-120 minutes Lunch with City Manager Steve Schainker, Brian Phillips, Pa Goldbeck, Bethany Ballou Explore the relationship and cooperation between the CMO and Legal departments 30-60 minutes Closing Discussion with the Mayor Mayor and Human Resources Director Wrap up experience Debrief: June 29-July2 (potentially June 30 – 5th Tuesday). Following the on-site experience, City Council, City Manager, and the Human Resources Director will debrief and discuss all candidates interviewed with the goal of selecting a finalist and to begin reference checks. Finalist Reference Checks: July 2-10. The Human Resources Director will conduct reference checks and provide the Council a confidential summary of the findings Conditional Offer: July 14-16. City Councill, in closed session, will determine an acceptable salary for the selected candidate based on a recommendation from the Human Resources Director (considering education, experience, and internal equity. 292 The Human Resources Director will make a verbal offer and follow with a written offer letter. Acceptance and Background Check: July 27-31. Human Resources will conduct a comprehensive criminal background check following the candidate’s acceptance of the City’s offer. This process can take anywhere from 24 hours to a week or longer, depending on the locations in which the candidate has lived. Final Offer: July31-August 3. Once the background check has been completed, Human Resources will issue a final offer letter. Start Date by early September, depending on the selected candidate’s commitments. 293 ITEM #:40 DEPT:P&R March 24, 2026 Staff Report IRONWOOD ESTATES WOODLOT RESTORATION BACKGROUND: In January 2026, City Council and staff received a letter from Jerry Goldsmith, 2113 Ironwood Lane, requesting the City provide assistance and expertise to restore the woody vegetation that was removed as part of the project to replace an electric transmission line along Highway 30. Council requested a staff memo at its January 27, 2026, meeting about the plan to restore the vegetative screening. Mr. Goldsmith then sent another letter to Council requesting the City pursue grant funding through the Iowa DOT/DNR Fund that could finance the restoration of vegetative screening. At its February 24, 2026, meeting, Council requested an update regarding the plans for the restoration of the vegetation screening and the funding opportunity through the Iowa DOT/DNR Fund. Electric Services and Parks and Recreation staff met regarding Council's referral and the request made by Mr. Goldsmith. TRANSMISSION LINE WORK: City of Ames Electric Services is responsible for a 69,000-volt electric transmission line located in the State of Iowa Department of Transportation (DOT) right-of-way along the north side of US Highway 30. The transmission line was originally constructed in the 1970s and was recently replaced due to its age and condition. One of the steps in the replacement process included removing/clearing vegetation for the contractor to access the area in order to replace poles and the electric cable. A portion of land adjacent to the Ironwood Court Homeowner's Association was cleared of vegetation. The approximate width of the clearing in this area ranges between 20 - 30 feet along the length of the electric transmission line. Attached is a map of the area which shows the property owners of this area as either the Ironwood Estates Homeowners Association (IEHA) or the Iowa DOT. The City of Ames does not own any property in this area. The City does have an easement on IEHA property to maintain the electric transmission line, but there is no language outlined in the easement as to maintenance responsibilities as it relates to vegetation. The width of easement is ten feet. The attached photos show the clearing of vegetation that was completed during the project. City staff acknowledges that the contractor did not clean up the debris very well and will ensure that the debris in this area gets cleaned up regardless of what action, if any, City Council takes on this matter. There is a fence on IEHA property that includes tree stumps that have grown into it over the years and had been cut prior to the most recent clearing that took place. 294 Vegetation removed as part of the project included honeysuckle, hackberry, green ash, boxelder, chokecherry, and eastern red cedar. Most, if not all, of the vegetation removed was a result of volunteer germination. This occurs frequently in open grassy areas that are not maintained. DOT/DNR FUND GRANT: The grant opportunity mentioned by Mr. Goldsmith is the DOT/DNR Fund Grant, which is intended to beautify roadsides and primary system corridors with plant materials. These grants are eligible to any tax-levying body and have a maximum award amount of $100,000. For a project to qualify, the planting site must be on primary highway right-of-way, including primary highway extensions. Funding will cover the costs of the plants and associated materials, contracted labor, mowing, and other maintenance for one year after installation. An application for a DOT Sponsorship of Highway Plantings permit must also be submitted with the grant application. Applications are accepted year round and, if selected, are funded in the order in which they are received. Applicants can expect to receive a decision in approximately 90 days. Subject to funding availability, the program's annual funding level is normally $300,000. Please note that if the grant is pursued and received, planting would not take place until fall 2026 at the earliest. POTENTIAL RESTORATION: With any restoration project, it is important to review what has been the standard practice. Generally speaking, if this transmission line project were on City property, trees and/or shrubs would not be planted under the lines so the area remained open for future maintenance. Below are a couple of examples: Stange Electric Substation - Trees were removed and not replaced. An adjacent property owner voiced concerns regarding having to look at the substation now that the trees were gone. Ames Electric did plant evergreens on City property to provide screening. Munn Woods Sanitary Sewer Project - Vegetation, including trees and shrubs, were removed to gain access to the sanitary sewer through the woods. At the end of the project, crushed rock was put down with the hope of ground cover establishing itself through the rocks as time passes. No trees or other vegetation was planted so the sanitary sewer can be easily accessed if needed. Another issue to consider is that the City does not take responsibility for private property. If property owners wish to install a fence or vegetative screening, they can do so on their property at their expense. As with any potential solution, there are pros and cons to consider before moving forward. Staff has discussed the idea of restoration, including securing grant funds, and formulated the following list for the Council to consider: Pros: The grant could provide a non-City funding source to address the IEHA concerns Restoration would create a future vegetative screen between IEHA homes and Highway 30 Cons: Grant funding only covers materials, contracted labor, seed or live plants, watering and other maintenance for one year after installation 295 Grant funding only allows planting on DOT right-of-way property Any planting on IEHA property would need a funding source other than the grant The City is responsible for all future maintenance once the work is completed if grant money is used Grant funds may not be available (in this instance, the City would be responsible for all restoration costs if Council directs staff to restore the area) The vegetation may have to be removed again in the future in order to conduct maintenance on the electric transmission line If grant funding is secured, the City would need to pay for the renovation and then get reimbursed from the DOT/DNR Fund Performing work on non-City property may set an undesirable precedent OPTIONS: Given the above information, staff discussed several options for the City Council to consider. Please note that staff will ensure that debris left in the area will be cleaned up regardless of which option is selected. Thus, the options focus on what to do after the debris is cleaned up. Options 1, 3, and 4 focus on DOT property while option 2 includes improvements to the IEHA property. If the IEHA would like to add any type of a vegetative screening that would benefit their properties, they have the right to do so on their property. Option 1 - Take No Further Action than Clearing the Debris: Resprouting vegetation due to the existing seed bank will likely fill in the area and provide adequate visual screening of US Highway 30 within two growing seasons. This option would require no additional City resources, and the area would eventually look similar to what the site was prior to the electric transmission line project. Electric Services would need to monitor the easement area to ensure vegetation does not grow into the electric lines. Option 2 - IEHA Plants Vegetation on Its Property: IEHA can install and maintain any type of screening (vegetative/non-vegetative) on their property that is compliant with the City of Ames Municipal Code. All costs incurred under this option would be the responsibility of IEHA. If Council believes the City should incur this expense, City funding would need to be identified. A potential option would be for IEHA to apply for a Neighborhood Improvement Grant, which could be used towards the purchase of trees or shrubs to be planted on their property. Option 3 - Plant Iowa Native Shrubs: City of Ames staff would contract for the installation of two staggered rows, approximately 750 feet long, of Iowa native shrub seedlings (approx. 250 seedlings) to be planted in the area that was cleared from the electric transmission line project. The shrub seedlings average two to three feet tall when planted and would have a mature height of approximately 10 to 15 feet. The planting installation would include an application of mulch around the seedlings to prevent weed encroachment. Also included in the contracted work would be mowing around the seedlings. The approximate contracted cost to complete this work which includes the planting, mulch, watering, and mowing for one year after planting is approximate $15,000 - $20,000. The plantings for this option would be on DOT property and therefore grant funds could be applied for. 296 Option 4 - Plant Junipers: City of Ames staff would contract for the installation of one row of Green Columnar Junipers (approx. 20) on DOT property. As part of the planting, mulch would be applied and watering would be completed on a regular basis for one year following planting. The Junipers would reach a mature height of 15 to 25 feet tall between 10 and 20 years. A contractor would be responsible for watering and other maintenance to prevent encroachment of volunteer vegetation. The approximate cost is $20,000 - $25,000. Grant funds could be applied to cover the costs of the plantings, labor, watering, and materials for one year after installation. The City likely would be responsible for maintaining it after year one. STAFF COMMENTS: City Council must first decide whether this project should be the responsibility of the City. The standard practice for all City of Ames Electrical Easements is that if cutting or clearing is necessary to maintain or replace infrastructure, vegetation is not replaced. According to the agreement granting the City the right to place and maintain this electrical line, there is no language that requires the City to replace the vegetation that was removed on DOT property. If Council agrees with its existing practices of not replacing vegetation, then staff's recommendation is to proceed with Option 1 or 2. If Council feels that the City should replace the vegetation then Option 3 or 4 should be considered. If either one of those options is chosen, then the responsibility for maintenance for this area is not only for one year, but indefinitely. There is a high likelihood that even despite the City's effort to restore the area, volunteer vegetation will eventually encroach upon the plantings without recurring annual maintenance. If option 3 or 4 is chosen, Council would be setting a precedent for future instances involving City Electric easements, and funding to complete this work will need to be identified as there is no current funding designated for this work. ATTACHMENT(S): Ironwood Estates Aerial Photo.jpg Electrical Line Easement Tree Clearing pic 1 Electrical Line Easement Tree Clearing pic 2 Electrical Line Easement Tree Clearing pic 3 Electrical Line Easement Tree Clearing pic 4 297 298 299 300 301 302 ITEM #:41 DATE:03-24-26 DEPT:P&R SUBJECT:EXPANDING AND/OR ESTABLISHING PARK BOUNDARIES COUNCIL ACTION FORM BACKGROUND: There are several locations where public property is adjacent parks or greenways. Staff has reviewed these areas and determined it makes sense to expand park boundaries or establish greenways to include these areas. The Parks and Recreation Rules and Ordinances would then be used to manage these spaces. Parks and Recreation staff already performs mowing, tree maintenance, snow plowing, and other tasks on these properties. Staff is not considering adding amenities or additional maintenance tasks at this time. AREAS TO EXPAND OR ESTABLISH PARK BOUNDARIES: Attachment A contains maps for each of the areas in question and shows the existing park boundaries as well as proposed expansions. Each area is described below: South River Valley Park – The current park encompasses two softball fields, parking, two shelters, playground equipment, and a portion of the shared use path (SUP) along the Skunk River. There is additional City-owned land to the south that includes the continuation of the SUP from the park and wooded areas. The SUP continues south of the railroad tracks and is on private property. This portion of the path could be part of the Skunk River Greenbelt which is envisioned to eventually extend along the Skunk River to the existing trail at SE 16th Street. Stuart Smith Park – This parkland is leased from Iowa State University (ISU) and is generally west of Ioway Creek. There is City-owned land to the east of Ioway Creek which is referred to by staff as the "flood buyout area." Federal funds were used to purchase several properties after the 1993 floods, and there is a no development/build restriction on these properties. Parks and Recreation has maintained this area like a park for many years. Delaware Gardens – This area was once home to a City water tower. Several years ago, Parks and Recreation added community gardens and maintains the rest of the area through mowing and tree care. City of Ames Electric Services maintains the electric substation on the south end of the property and this portion would not be included in the park. Delaware Avenue and North Dakota Avenue – This area is maintained by Parks and Recreation, and residents occasionally use it as a park. There is public art on the south end of this area. To reduce maintenance commitments, this area was maintained as a no-mow area beginning in 2025. Ioway Creek Park – This park is home to community gardens and a wooded area. A portion of the park is leased to a company for a cellular tower. To the west, there are several flood buyout lots owned by the City and several privately owned lots. On the east side of Grand Avenue to South Duff Avenue, there is a large section of land (51 303 acres) along Ioway Creek that is City-owned. This area contains a SUP and a retention basin. The basin is currently maintained by Public Works and that arrangement would continue into the future. Ioway Creek Greenbelt – With the addition of the shared used path along Ioway Creek east of South Duff Avenue, Parks and Recreation has been maintaining this area. This is an opportunity to create an Ioway Creek Greenbelt which at some point will meet up with the future shared used path along the Skunk River. PARKS AND RECREATION COMMISSION: This information was presented to the Parks and Recreation Commission at its February 19, 2026 meeting. Commissioners spoke in favor expanding the park boundaries and creating greenways as described. Specific comments included: Adding the Delaware gardens has expanded the usage of this area. Since Parks and Recreation is maintaining these areas already, it makes sense to designate them as parks or greenways. Having the ability to enforce park ordinances and rules in these areas is appropriate. Designating the areas as parks and greenways may lead to better care and respect from users. The Commission recommended that City Council expand park boundaries and establish greenways as described. The motion passed 6-0. ALTERNATIVES: 1. Approve the expansion of park boundaries and establishment of greenways as described. 2. Approve the expansion of park boundaries and establishment of greenways with modifications from Council. 3. Do not approve expanding park boundaries and establishing greenways. 4. Refer back to staff with direction on how to proceed. CITY MANAGER'S RECOMMENDED ACTION: There is public property throughout the City that is not specifically governed by Municipal Code. The areas described in this Council Action Form are adjacent existing parks and already maintained by Parks and Recreation. Expanding park boundaries and establishing greenways as shown will also provide the public with a clear set of expectations as to how to use these spaces because park ordinances and rules will now apply. Therefore, it is the City Manager's Recommendation that the City Council approve Alternative No. 1 as stated above. ATTACHMENT(S): Attachment A - Potential Areas for Expanding or Establishing Park Boundaries.pdf 304 South River Valley Park 305 Stuart Smith Park 306 Delaware Gardens 307 Delaware Ave. and North Dakota 308 Ioway Creek Park/ Ioway Creek Greenbelt 309 ITEM #:42 DATE:03-24-26 DEPT:P&R SUBJECT:STAINING OF PRECAST CONCRETE PANELS AT FITCH FAMILY INDOOR AQUATIC CENTER COUNCIL ACTION FORM BACKGROUND: At the October 28, 2025 City Council meeting, staff along with representatives from RDG and Story Construction, described the mottled appearance of the gray, sinus wave precast concrete panels on the exterior of the Fitch Family Indoor Aquatic Center. Staff indicated this was not the look the City was expecting and that RDG and Story were investigating possible causes and potential resolutions to this problem. RDG and Story investigated possible causes, which included: 1. Integral pigment/color admixture 2. Smooth cast panels may lead to mottling 3. Environmental factors such as sun exposure, airborne particulates, etc. 4. Detergent washing methods used onsite 5. Inconsistent concrete mixing 6. Form release agent could still be present on the wall panels 7. Efflorescence 8. Change in cement makeup in recent years. Additionally, staff contracted with a concrete expert from the firm of Simpson, Gumpertz & Heger (SGH) to obtain a professional opinion from concrete engineers. In addition to the above items, SGH stated that differential drying time may be a contributing factor, but it is hard to determine if it was a factor with these panels. RDG, Story, and SGH all agreed that no matter what the cause, there are two potential solutions: 1. Time - Do nothing and see if the issue improves over time. SGH indicated they would expect the mottling to reduce after one year, but that does not appear to be the case. 2. Stain - Applying a penetrating stain to cover the defects but will not take them away. The darker the stain, the more the defects are hidden. SGH indicated stain is routinely used on precast concrete panels. In Attachment A, RDG's opinion is that the mottling of the sinus wave precast panels is due to the contractor failing to include integral color in the panels as required in the specifications. Additionally, the contractor failed to submit a design mix for the panels, which does not allow for any additional reviews. For these reasons, RDG recommended staining the precast concrete panels at the contractor's cost. There have been multiple conversations with the Prime Contractor (Core Construction Services, LLC) related to this issue. Story Construction sent a Notice to Cure letter (Attachment B) to Core on February 17. In this letter, it is stated that City Council will make the 310 final decision regarding either staining the precast concrete panels or receiving a credit for the cost of this scope of work. On Friday, March 6, 2026, staff received an email from Stephen D. Marso, Attorney for Whitfield & Eddy Law, regarding the staining of the precast concrete panels. Staff also received the same information included in the email in a certified letter on March 9, 2026. The letter (Attachment C) states that Core and the precast supplier disagree with the City's claim that the panels are non-conforming to the specifications. However, the letter does not provide any evidence to support that position. The letter further states that "Core will perform the demanded work, but it will do so under protest. Core hereby gives notice of claims for all time and money related to the Precast Appearance Issue and the demanded work. Core's rough estimate for its money claim is $52,000 (plus markup); this is a rough estimate, and the actual costs could be lower or higher. At this time, Core does not have an estimate of its time claim." Stain or no stain: On March 17, Core had representatives from Nawkaw apply three different colored stains to the mockup panel. The three colors included 1) Cement, 2) Silver Lining, and 3) Rushing River. The precast concrete panels were specified to have Rushing River as the integral color. Several photos are attached showing the colors on the mockup panel. A section of the mockup was left unstained so one can compare the color differences against what the building looks like right now. For reference, the right side of the mockup has not been detergent w a shed. Of the three stain colors, staff prefers the Rushing River over the other two darker colors. The Rushing River stain is the lightest of the colors and is what the original color was meant to be. The proposed stain is NawTone-K manufactured by Nawkaw. Because NawTone-K chemically binds with concrete, it is an ideal choice for use on precast concrete. This stain is a penetrating, UV resistant, weather resistant, nonflammable, nontoxic, water-based, solvent- free, and non-film-forming product. It also comes with a 25-year warranty. Alternatively, the Council could choose to leave the precast panels as-is and not have stain applied. A credit would then be received for the scope of services associated with this work. ALTERNATIVES: 1. Approve staining of the precast concrete panels with the Rushing River color at the Fitch Family Indoor Aquatic Center at no cost to the City. 2. Approve staining of the precast concrete panels with a different color at the Fitch Family Indoor Aquatic Center at no cost to the City. 3. Approve receiving a credit in lieu of staining the precast concrete panels at the Fitch Family Indoor Aquatic Center in the amount of $52,000. 4. Refer back to staff. 311 CITY MANAGER'S RECOMMENDED ACTION: The color of the precast concrete panels encompassing the natatorium portion of the Fitch Family Indoor Aquatic Center is not what was specified. The panels were to have integral color of Rushing River and the contractor omitted this when the panels were formed. Thus, the current appearance is one of a mottled look with inconsistent coloring across the panels. City Council has two alternatives to consider. The first is to have the panels stained so the appearance closely matches what was originally intended. The second is to leave the panels unstained and hope the appearance improves over time. If the Council chooses to not stain the panels, the City would receive a credit. The original intent was to have the natatorium panels be colored. Core has indicated they will perform the work but will do so under protest. The aesthetics of the current panels diminishes the quality look to the building. Therefore, it is the City Manager's recommendation that City Council approve Alternative No. 1, as stated above. ATTACHMENT(S): Attachment A - RDG Staining Recommendation.pdf Attachment B - Notice to Cure Precast Appearance.pdf Attachment C - SDM Notice of Claim.pdf Stain Colors Against Building.jpg 312 12.8.2025 Keith Abraham Parks and Recreation Director, City of Ames 1500 Gateway Hills Park Drive Ames, IA 50010 Keith, RDG believes that the responsible contractors of ‘Bid Package 03-3’ for the Fitch Family Indoor Aquatic Center did not provide precast finishes per contract documents. The color is inconsistent, not uniform, and unacceptable as a final product. (i) No Integral color was included in the Architectural Precast Panel concrete mix, as specified. (ii) Applicable contractor failed to formally submit the concrete design mix submittal, which did not allow the owner and design team the opportunity to review. RDG recommends the architectural precast panels with the ‘sinus wave’ form liner that make up the exterior of the natatorium portion of the building, be stained at the cost of the bid contractor. Sincerely, Bradley M. Rodenburg, AIA, LEED AP, WELL AP Partner, Project Manager RDG Planning & Design 313 GENERAL CONTRACTING | DESIGN+BUILD | CONSTRUCTION M ANAGEMENT 2810 Wakefield Circle Ames, IA 50010 515-232-4358 February 17, 2026 Mike Muhlena Core Construction Services, LLC 3093 NW Prairie Lane Johnston, IA 50131 Re: Notice to Cure for Precast Appearance Fitch Family Indoor Aquatic Center City of Ames, Iowa Dear Mr. Muhlena: As you are aware, the “Sinus Wave” architectural precast panels for the project were rejected by RDG (December 8, 2025, letter to City of Ames) for color inconsistencies. We are in receipt of Core’s response to the rejection (January 9, 2026, letter to Story Construction.) The relevant facts are these: o The control samples provided by RDG to Core did not represent mix designs. o The project specifications require that the precast panel mix designs, including the specified integral color, be submitted and approved. o No mix design was submitted for the architectural precast mix designs, including the “Sinus Wave” panels. o Whether or not the required submittal for this mix design was included in Procore’s Submittal Tool does not preclude Core from adhering to the specified submittals. This submittal was, in fact, listed in Procore’s Submittal Tool as a required submittal from April through October 2024, when it was only removed because the panels had moved into fabrication. Therefore, Core Construction Services is responsible to remediate the rejected panels. The solution, recommended by RDG and approved by the Owner, is to stain the “Sinus Wave” panels. Following final direction from the Ames City Council on their preference for correcting the work, the “Sinus Wave” precast panel finish shall be remedied by either: o Supply and install a precast stain for the “Sinus Wave” precast panels at the cost of the contractor. RDG has specified the following stain product, Nawkaw NawTone, which includes a 25-year warranty. The final color will be selected from 3 sample colors to be installed, by Core, on the existing precast panel mockup. All protection of adjacent and public surfaces will be provided by Core, as will the repair of any disturbed site finishes, during the building staining. o At the Owner’s discretion, provide a credit to the City of Ames for the cost of this scope of work. Time is of the essence. The project is closing on final completion, which cannot be achieved until the stain work is completed. Please respond with a plan of action for the remedial work no later than Monday, February 23, 2026. 314 GENERAL CONTRACTING | DESIGN+BUILD | CONSTRUCTION M ANAGEMENT 2810 Wakefield Circle Ames, IA 50010 515-232-4358 Sincerely, STORY CONSTRUCTION CO. Deborah Thurmond Assistant Project Manager CC: Keith Abraham, Director of Parks and Recreation, City of Ames Brad Rodenburg, AIA, LEED AP BD+C, WELL AP, RDG Planning & Design Russ Lewton, Story Construction Co. Troy Turner, Story Construction Co. 315 316 317 318 ITEM #:43 DATE:03-24-26 DEPT:P&H SUBJECT:REQUEST BY DOVER DEVELOPMENT TO WAIVE SUBDIVISION STREET CONNECTION STANDARDS FOR ARTERIAL STREETS IN CHAPTER 23 OF THE AMES MUNICIPAL CODE COUNCIL ACTION FORM BACKGROUND: Dover Development is requesting a waiver of the street connection requirements in Chapter 23 of the Ames Municipal Code to allow a connection to their property from GW Carver Avenue (see Attachment A - Request to Council). Dover plans to construct a Senior Living and Memory Care facility property on the west side of GW Carver in the Bluffs Subdivision. The Bluffs has an approved Preliminary Plat that was approved in October 2025. The Final Plat has yet to be submitted and approved (see Attachment B - Location Map). Dover has already submitted a Site Development Plan for this site, which is currently under review by staff. The Site Plan must be approved by the Zoning Board of Adjustment. The property is currently addressed as 3220 Cameron School Road. The City Council is authorized to waive the street connection standards in Section 23.103. Dover wishes to have driveway access to its property from GW Carver. The location of the driveway access as proposed on the Site Development Plan complies with SUDAS and City standards for spacing from nearby intersections and other access points. There are no other access points for the Dover property along GW Carver Avenue (Attachment C - Site Plan Exc erpt). However, Section 23.403(9)(b) of the subdivision ordinance restricts new access points on arterial streets. GW Carver is classified as an arterial street. Therefore, a subdivision standards waiver is being sought by Dover Development. Staff is awaiting final design of the future lane configuration of GW Carver Avenue at this location, which will determine how the access from the Dover property to GW Carver is designed. Staff has discussed this with Dover Development representatives. Staff is supportive of granting a waiver to allow access to GW Carver at this location. The lane design is being determined by the need for an intersection at Columbus Avenue to the immediate north and a future roundabout at the intersection of GW Carver Avenue and Cameron School Road further north. Staff anticipates that the final lane configuration of GW Carver Avenue will be finalized in the coming weeks. A condition of approval of a waiver will be that Final Plat approval will dictate the design of the access to GW Carver Avenue from Dover Development's property. Costs for the access onto GW Carver will be determined prior to Final Plat. Staff does not anticipate that the City will bear any additional cost related to Dover's access. 319 ALTERNATIVES: 1. Approve the waiver request for arterial street access standards in Section 23.403(9)(b) from Dover Development to allow an access on GW Carver Avenue from their property with final design of the connection being approved prior to Final Plat approval. 2. Decline to approve a waiver request from Dover Development for arterial street access standards in Section 23.403(9)(b) to allow access on GW Carver Avenue from their property. 3. Defer action on this item and request more information from staff. CITY MANAGER'S RECOMMENDED ACTION: City staff has reviewed the request from Dover Development requesting a waiver to the Subdivision standards in Section 23.403(9)(b) to allow an access from their property to GW Carver Avenue which is an arterial street. New access points on arterials are prohibited to discourage private access on busy streets. In this case however, the proposed access will be the only access from a larger property along GW Carver Avenue and will comply with all SUDAS regulations for spacing from other access points and intersections in the area. As such, staff is supportive of allowing the waiver with final design to be determined prior to Final Plat approval. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1, as described above. ATTACHMENT(S): Attachment A- Access Waiver Request.pdf Attachment B- Location Map & Access Point.pdf Attachment C- Bluffs Preliminary Plat Excerpt.pdf 320 2921 E. 57th Street Sioux Falls, SD 57108 ph (605) 274-7415 BartlettWest.com December 22, 2025 Mayor and City Council City of Ames, Iowa 515 Clark Avenue Ames, Iowa 50010 MayorCouncil@cityofames.org Re: Access Waiver along George Washington Carver Avenue Dear Council Members: My name is Karin Lang, a Professional Engineer with Bartlett & West. I am writing to request a waiver that would allow access from a private development onto George Washington Carver Avenue for the Cedarhurst property. The proposed access would be approximately 495 feet south of Columbus Drive and 1,440 feet north of Barcelos Street. The proposed access would serve the proposed Cedarhurst assisted living and memory care facility. An access along George Washington Carver Avenue would increase functionality of the site and increase the response time for essential services such as first responders, police, fire, and ambulances. The proposed access would be 25 feet wide with 25 foot return radius, which meets the criteria stated in Table 5L-4.01 of the SUDAS. Its location is opposite of the existing driveway across George Washington Carver Avenue. The proposed location also meets the criteria set in SUDAS Table 5L-3.04 for preventing right turn overlap. The spacing requirement set on SUDAS Table 5L-3.04 for spacing between the access and the nearest road is met. 5L-4.03 recommends 500 feet for intersection sight distance, which the proposed location also meets. A property further north, Christ Community Church, has been allowed two accesses along George Washington Carver Avenue. George Washington Carver Avenue would be widened out to three lanes where adjacent to the Cedarhurst property with the access allowance, in a similar fashion as along the church property. The proposed access location meets SUDAS requirements and allows better access for service vehicles. It would be my recommendation that an access waiver be granted for the Cedarhurst property. Sincerely, Karin Lang, PE 321 LOT 412.56 ACRES547143 SQ. FT. ROW - A1.81 ACRES78780 SQ. FT. LOT B0.99 ACRES42915 SQ. FT. LOT 33.19 ACRES139164 SQ. FT. LOT 21.10 ACRES47715 SQ. FT. LOT 11.37 ACRES59589 SQ. FT. 1.59 ACRES69396 SQ. FT. UTILITY POLE ELECTRICTRANSFORMER UTILITY PEDESTAL -COMMUNICATION UTILITY PEDESTAL -COMMUNICATION UTILITY MARKING- GAS UTILITY PEDESTAL -COMMUNICATION UTILITY POLE UTILITY POLE UTILITY POLE UTILITY POLE SIGN - INTAKESTORM INVERT STRM (INV.)ELEV.=961.03 TRAFFIC SIGN -SPEED LIMIT 45 UTILITY PEDESTAL -COMMUNICATION ELECTRICTRANSFORMER MH SSWRR=959.57INV: 12" PVC N 943.12INV: 12" PVC SW 943.10 MH SSWRR=967.98INV: 12" PVC W 944.17INV: 12" PVC S 944.07 G MH SSWRR=953.34INV: 12" PVC N 942.13INV: 12" PVC SW 942.03 TR TR TR TR TR TR TR M M M M M M FH FH FH FH WH WH WH 0 200'400' SCALE: 1"=200' EXHIBIT ALL RIGHTS RESERVED. ALL BARTLETT & WEST PLANS, SPECIFICATIONS AND DRAWINGS ARE PROTECTED UNDER COPYRIGHT LAW, AND NO PART MAY BE COPIED, REPRODUCED, DISPLAYED PUBLICLY, USED TO CREATE DERIVATIVES, DISTRIBUTED, STORED IN A RETRIEVAL SYSTEM OR TRANSMITTED IN ANY FORM BY ANY MEANS WITHOUT PRIOR WRITTEN PERMISSION OF BARTLETT & WEST. Dr a w i n g N a m e : C: \ U s e r s \ k e l 0 1 9 0 5 \ D C \ A C C D o c s \ B a r t l e t t & W e s t \ 2 1 8 5 6 . 0 0 0 - C e d a r h u r s t - A m e s \ P r o j e c t F i l e s \ D o c u m e n t s \ C o r r e s p o n d e n c e \ 2 1 8 5 6 . 0 0 0 A c c e s s W a i v e r E x h i b i t . d w g L a y o u t N a m e : EX 0 1 P l o t t e d B y : KE L 0 1 9 0 5 P l o t t e d o n : 12 / 3 0 / 2 0 2 5 8 : 4 8 : 5 7 A M La s t e d i t o n : 12 / 3 0 / 2 0 2 5 8 : 4 0 A M b y : KE L 0 1 9 0 5 CAMERON SCHOOL ROAD COLUMBUS DRIVE BARCELOS STREET GE O R G E W A S H I N G T O N C A R V E R A V E N U E 32 2 STANGE RD POLO AVE IRONS CT CAMERON SCHOOL RD GEORGE W CARVER AVE Loc ation Ma p & Access Point´ Access Point to GW Carver Avenue 323 Dover Development Project Site 324 ITEM #:44 DATE:03-24-26 DEPT:P&H SUBJECT:DEVELOPMENT AGREEMENT OUTLINE FOR AUBURN TRAIL COUNCIL ACTION FORM BACKGROUND: At the December 16, 2025, City Council meeting, the City Council reviewed requested development incentives for five different projects. The City Council reviewed three options for financial assistance for each project and directed staff to work with developers to define project outlines utilizing the levels of funding described as "Option 3" in the December 16 report. The City Council specifically asked staff to go back to the individual developers and gather more detail about the proposed timing, type, and amount of development that could occur within the next three years. Once City Council had a more detailed understanding of each development proposal in relation to Option 3 incentives, the City Council could give final direction to proceed with individual development agreements. The Auburn Trail project is located in north Ames along Hyde Avenue. The owner is in the process of updating the Master Plan for the site in order to proceed with a preliminary plat for development of single family home lots this spring. The rezoning and Master Plan update are on the March 24 agenda. The site is subject to two previous development agreements that address uses, Hyde street assessment, water and sewer connection fees, Hyde Avenue shared use path, water territory buyout, traffic signal fee, and other related development requirements. The City Council originally received a request for incentives from the developer related to cost savings estimated at $486,000. The Option 3 incentive from December included an assumption that the City would negotiate a lower Xenia Rural Water territory buyout fee as part of a broader water service agreement to save costs for the developer's buyout of territory. Additionally, the City would directly take on the construction of the Hyde Avenue shared use path across the site frontage, waive collection of $106,000 traffic signal fee, and to waive water and sewer connection fees for the first 50 homes developed in the first phase. The Xenia Water buyout reduction is still pending review of a final water purchase agreement, but it likely to be lowered from $4,000 described in December to $3,000 an acre, an even greater savings for the developer. The other three items related directly to the City have an estimated total value of $486,000 in terms of direct construction costs for the path and waived collection of certain fees. Staff outlined to the developer the need to address first phase approval of the project to coordinate the project with incentives described in December. Staff and the developer have agreed on the following terms for a development agreement. 325 Developer Commitments 1. Complete a final plat for first phase of development with at least 50 lots in 2026.| 2. Development of Single-Family Detached Housing (owner or renter, no restrictions). 3. The first phase of development shall include the extension of the collector street (Tilden) from Hyde into the site to the first internal road connection of the preliminary plat. 4. The Tilden extension shall include all shared use path and sidewalk improvements within the ROW width of Tilden, including the Hyde Avenue Shared Use Path crossing of Tilden as part of its construction. The Hyde path crossing improvements shall extend to the edge of the Tilden ROW or as otherwise agreed upon by the Municipal Engineer as the transition point to the City improvements. 5. The remaining Hyde Avenue path improvements are the responsibility of the City, see below. 6. Developer completes all road, street, other public improvements not otherwise listed as City responsibilities below at their cost. 7. Developer completes Xenia Territory Buyout at their cost (Assumption of a reduced Xenia buyout figure of $3,000/acre) 8. Developer provides easements requested by the City at no cost to the City, to be included with platting documents. 9. Developer makes all assessment and connection fee payments as required for roads, water, and sanitary sewer, unless an alternative schedule is approved by Council, see below. City Commitments 1. Hyde Avenue frontage improvements for paving a shared use path are the responsibility of the City, with the exception of the crossing of Tilden described above. 2. At the time of Final Plat approval for the first phase that meets the parameters above, the City will waive the collection of the Traffic Impact fee for the whole of the development (est. $106,000). 3. All connection fees shall be charged at rates adopted within the Ames Municipal Code Appendix W for Parcels 1 and 16 and calculated and collected in relation to platting of Parcel 16. (Estimated total of 76.59 acres gross) Note- Estimated Total Connections Fees at 2025 Rates: Water $128,955 and Sewer $353,730 4. Connection fees shall be collected with each final plat approval per Chapter 28 of the Ames Municipal Code as an alternative schedule approved by City Council rather than 326 the payoff of all connection fees with the first phase. 5. Water and Sewer Connection fees for the first phase of development shall be reduced as an economic development incentive calculated on a pro-rata basis for the first 50 home lots of 181 unit development at maximum one-time dollar amount of $133,338 at 2025 rates. However, the Connection Fee waiver amount will be reduced by $1,000 per acre for the first phase in recognition of the additional Xenia Water Territory benefit. All fees for the first phase will be recalculated based upon Appendix W at the time of payment if payment is after July 1, 2026. 6. Any required connection fees for the first phase, calculated by acres, in excess of the credit shall be paid with the first final plat. All subsequent phases and final plats shall make payments in accordance with the established fees of Appendix W. 7. City Council reserves the right to require all remaining connection fees for future phases when less than 10% (7 acres) acres of Parcel 16 remain for development. FUNDING: Rather than contributing cash, the City is primarily forgoing the future collection of traffic fees, water connection fees, and sewer connections fees. This impacts future revenues for Road Use Tax, Water Utility, and Sewer Utility funds. The City will have a direct expense related to the construction of the Hyde Avenue shared use path estimated at approximately $250,000 for this segment of the project. The shared use path project is tentatively planned for FY 2027-28 and funded by ARPA funds. ALTERNATIVES: 1. Direct staff to prepare amendments to the existing development agreements for City Council approval prior to the first final plat of Auburn Trail in order to designate developer and City commitments for incentives as described above. 2. Direct staff to amend a development agreement with different requirements than described above. 3. Take no action on the request. CITY MANAGER'S RECOMMENDED ACTION: The development outline presented above makes obligations and timing clearer than the December discussion. The developer desires to plat standard single-family home lots for the Auburn Trail subdivision. The overall project is estimated to consist of total of 181 lots. The first phase will include at least 50 lots in 2026 per the terms of the development incentives described above. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative No. 1, as described above. ATTACHMENT(S): Location Map 327 Location Map Auburn Trail Subdivision Area Location at 4605 Hyde Avenue N 328 ITEM #:45 DATE:03-24-26 DEPT:PW SUBJECT:RESOURCE RECOVERY AND RECYCLING CAMPUS CONSTRUCTION CONTRACT AWARDS COUNCIL ACTION FORM BACKGROUND: On March 10, 2026, the City Council accepted the report of bids and delayed the award of bids for construction of the Resource Recovery & Recycling Campus (R3C). The City is utilizing a construction manager as advisor (CM) approach for this project. Therefore, the plans and specifications were prepared by HDR Engineering, Inc., and through consultation with the CM, Story Construction, the work was divided into 11 separate bid packages. Therefore, the City will hold 11 separate contracts with 11 separate contractors. Bids were opened on March 3, 2026 from 28 separate contractors for a base bid package and three alternates, which are described briefly below: T h e Base Bid includes the majority of the work necessary to construct the R3C, including the main building containing a tipping floor, process equipment, office, and maintenance areas, a scalehouse and scale equipment, fueling, parking, and maneuvering areas, and all other supporting site components. Alternate Number 1 is the added work to construct a canopy over the customer convenience area, where roll-off boxes will be located for drop-off of separated recyclables, household hazardous waste, and other materials. Alternate Number 2 is the added work to purchase and install a baler that can be used to consolidate cardboard or paper into dense bales to reduce transportation costs. Alternate Number 3 is the removal of the infeed conveyor for the shredder. Without the infeed conveyor, the shredder hopper will be modified to allow materials to be loaded directly using a wheel-loader. The removal of the infeed conveyor is being contemplated due to higher than anticipated cost estimates for this equipment. BID RESULTS: The table below shows the lowest bidder for each of the individual bid packages. The City Council should note that the City has received an offer from an attorney representing Jordison Construction to withdraw its bid for bid package 32-1 – Paving & Sidewalk Work. Therefore, the next lowest bidder is reflected in that line. 329 BID ITEM CONTRACTOR TOTAL - BASE BID ONLY 01-1 – General Construction Work RH Grabau Construction, Inc., Boone, IA $1,601,000 03-1 – Concrete and Steel Work Jensen Builders, Ltd., Des Moines, IA $4,675,500 09-1 – Gypsum Board Assembly Work Heartland Finishes, Inc., Des Moines, IA $430,675 14-1 – Elevator/Lift Work TK Elevator Corporation, Urbandale, IA $109,800 21-1 – Fire Suppression Systems Work Tri-City Fire Protection LLC, Davenport, IA $169,284 22-1 – Plumbing & HVAC Work ACI Mechanical, Inc., Ames, IA $1,180,000 26-1 – Electrical, Communications, & Electronic Safety and Security Work Enterprise Electric, Inc., Boone, IA $1,329,000 31-1 – Site Demolition & Earthwork Con-Struct, Inc., Ames, IA $575,000 32-1 – Paving & Sidewalk Work Lakeside Contractors, LLC, Ames, IA $1,028,129 33-1 – Site Utility Work On Track Construction LLC, Nevada, IA $723,370 40-1 – Millwright/Process Integration Work RRT Design & Construction, Melville, NY $7,798,009 GRAND TOTAL $19,619,767 The combined base bid total of $19,619,767 exceeds the engineer's estimate of $16,821,527 by $2,798,240. Immediately following the bid opening, City staff, HDR, and Story Construction met and developed scope modification options to reduce the cost of the project. Additionally, certain R3C project components were identified that could be financed through a more appropriate source or in a more cost-effective manner. The specific scope modifications considered are described in Attachment 1 (staff's recommended items to include are shown in bold). The project components that were identified to shift to alternative funding sources includes: 1. Access control for gates shifting to Fleet Services 2. Fueling infrastructure shifting to Fleet Services 3. Stormwater improvements partially financed through FY 2025/26 Stormwater Quality Improvements CIP 4. An Electric Services rebate for the heat pump system 5. A series of grants for recycling-related project components through the DNR Solid Waste Alternatives Program (SWAP) The project team has consulted with the apparent low bidders for several key bid packages and has obtained written confirmation of deductive amounts for several of the packages based on the bolded design alterations described in Attachment 1, along 330 with other clarifications identified since the bids were opened. These changes would result in contract amounts as described in the following table: BID ITEM CONTRACTOR ORIGINAL BID TOTAL CHANGE ORDERS REVISED CONTRACT TOTALS 01-1 – General Construction Work RH Grabau Construction, Inc., Boone, IA $1,601,000 ($126,538)$1,474,462 03-1 – Concrete and Steel Work Jensen Builders, Ltd., Des Moines, IA $4,675,500 ($257,865)$4,417,635 09-1 – Gypsum Board Assembly Work Heartland Finishes, Inc., Des Moines, IA $430,675 ($30,000)$400,675 14-1 – Elevator/Lift Work TK Elevator Corporation, Urbandale, IA $109,800 --$109,800 21-1 – Fire Suppression Systems Work Tri-City Fire Protection LLC, Davenport, IA $169,284 --$169,284 22-1 – Plumbing & HVAC Work ACI Mechanical, Inc., Ames, IA $1,180,000 --$1,180,000 26-1 – Electrical, Communications, & Electronic Safety and Security Work Enterprise Electric, Inc., Boone, IA $1,329,000 ($50,970)$1,278,030 31-1 – Site Demolition & Earthwork Con-Struct, Inc., Ames, IA $575,000 $87,717 $662,717 32-1 – Paving & Sidewalk Work Lakeside Contractors, LLC, Ames, IA $1,028,129 ($16,410)$1,011,719 33-1 – Site Utility Work On Track Construction LLC, Nevada, IA $723,370 ($31,695)$723,370 40-1 – Millwright/Process Integration Work RRT Design & Construction, Melville, NY $7,798,009 ($1,134,320)$6,663,689 ORIGINAL BID TOTAL $19,619,767 Sum of Deductions ($1,560,081) CONTRACT TOTAL WITH DEDUCTIONS $18,059,686 Approximately $100,000 in additional deducts through clarification, alternate acceptable equipment, and eliminated project components remains pending. Staff was unable to finalize the details of these deductions prior to the preparation of this report for the City Council. The changes outlined above reflect the awarding of the base bids only. Staff does not recommend proceeding with inclusion of any of the alternates. The budget table below includes the revised construction contract amounts. The budget table also reflects revised 331 estimates for project expenses, including reductions in costs for inspections and permitting. Additionally, it reflects a substantial reduction in the construction contingency in order to pay for the higher construction costs. On the revenues side, staff has incorporated additional revenues into the budget to reflect the funding source for the fueling infrastructure. The fueling infrastructure expenses are reflected in the construction costs, but have not been previously shown to be paid for by Fleet Services. Since the fueling infrastructure will benefit the entire diesel-powered City vehicle fleet, Fleet Services will utilize a portion of its reserve funds to finance these costs. Additionally, a portion of the costs related to the automated gates will be assigned to Fleet Services, since the gates are necessary to maintain 24/7 access to the fueling infrastructure. Staff is also recommending the inclusion of $159,077 of the FY 2025/26 Stormwater Quality Improvements Capital Improvements Project (CIP) into the R3C project revenues. These funds are budgeted for projects that improve the quality of urban runoff. The R3C development will treat a significant volume of water prior to its discharge into the South Skunk River. Funds from Electric Services for heat pump rebates and the DNR SWAP grant are also shown. The Council should note that if the bids are awarded at the March 24, 2026 meeting as requested, City staff will be following up with a request to hold a special City Council meeting shortly thereafter to formally approve the contract and bond for some or all of the bid packages. This step is necessary before work can officially begin, and several of the contracts are part of the critical path to opening the facility on schedule. Electing not to hold a special meeting would mean these contracts would not be completed until mid-April, which is three weeks later. Documents from Story Construction outlining the recommended changes are attached for the Council's reference. The change orders necessary for bid package 09-1 Gypsum Board Assembly Work, bid package 32-1 Paving and Sidewalk Work, and bid package 33-1 Site Utility Work are below the amount that requires Council approval. Therefore, City staff will approve these change orders. A revised budget is provided on the next page for reference. 332 Budgeted Revenues Budgeted Expenses Revenue Abated G.O. Bonds $22,006,730 Land Acquisition (220, 306, 312, 318, 400 Freel Drive)$1,077,500 Fleet Services Reserve Fund 425,000 Due Diligence prior to closing 15,465 FY 2025/26 Stormwater Quality Improvements CIP 159,077 Conceptual Design and Financial Modeling 50,000 Electric Services Rebate 3,000 Final Design 965,715 Solid Waste Alternatives Program (SWAP) Grants 100,000 Final Design Contingency (reduced)75,000 Permitting (reduced)38,000 Construction Contracts (This Action)$19,619,767 Less design alteration/scope deducts (1,560,081) Construction Incentives 100,000 Items by Owner (FFE/Cameras/Fiber Network/Tree Clearing) 252,700 Construction Contingency (reduced)428,598 Construction Inspection (reduced)228,760 Construction Manager Fee (Fixed fees plus 2.25% of contract amounts) 954,383 Construction Manager General Conditions Costs (est.) 448,000 R3C Construction Revenue Subtotal $22,693,807 R3C Construction Subtotal $22,693,807 Electric Utility Fund $2,340,000 Mobile Equipment (transfer trucks and trailers)$2,340,000 G.O. Bonds $975,000 Unobligated G.O. Bonds 225,000 Water Utility Fund 40,000 Freel Drive Paving (est.)$1,240,000 Total Project Revenues $26,273,807 Total Project Expenses $26,273,807 333 ALTERNATIVES: 1. The City Council can approve the following: a. Resolution approving final plans and specifications and awarding a contract for bid package 01-1 – General Construction Work to RH Grabau Construction, Inc. of Boone, IA in the amount of $1,601,000 b. Resolution approving final plans and specifications and awarding a contract for bid package 03-1 – Concrete and Steel Work to Jensen Builders, Ltd. of Des Moines, IA in the amount of $4,675,500 c. Resolution approving final plans and specifications and awarding a contract for bid package 09-1 – Gypsum Board Assembly Work to Heartland Finishes, Inc. of Des Moines, IA in the amount of $430,675 d. Resolution approving final plans and specifications and awarding a contract for bid package 14-1 – Elevator/Lift Work to TK Elevator Corporation of Urbandale, IA in the amount of $109,800 e. Resolution approving final plans and specifications and awarding a contract for bid package 21-1 – Fire Suppression Systems Work to Tri-City Fire Protection, LLC of Davenport, IA in the amount of $169,284 f. Resolution approving final plans and specifications and awarding a contract for bid package 22-1 – Plumbing & HVAC Work to ACI Mechanical, Inc. of Ames, IA in the amount of $1,180,000 g. Resolution approving final plans and specifications and awarding a contract for bid package 26-1 – Electrical, Communications, & Electronic Safety and Security Work to Enterprise Electric, Inc. of Boone, IA in the amount of $1,329,000 h. Resolution approving final plans and specifications and awarding a contract for bid package 31-1 – Site Demolition & Earthwork to Con-Struct, Inc. of Ames, IA in the amount of $575,000 i. Resolution approving final plans and specifications and awarding a contract for bid package 32-1 – Paving & Sidewalk Work to Lakeside Contractors, LLC, of Ames, Iowa, in the amount of $1,028,129 j. Resolution approving final plans and specifications and awarding a contract for bid package 33-1 – Site Utility Work to On Track Construction LLC, of Nevada, IA in the amount of $723,370 k. Resolution approving final plans and specifications and awarding a contract for bid package 40-1 – Millwright/Process Integration Work to RRT Design & Construction of Melville, NY in the amount of $7,798,009 l. Resolution approving Change Order No. 1 to RH Grabau Construction, Inc., of Boone, IA, for bid package 01-1 – General Construction Work, a deduct in the amount of $126,538, for a revised contract value of $1,474,462 m. Resolution approving Change Order No. 1 to Jensen Builders, Ltd., of Des Moines, IA, for bid package 03-1 – Concrete and Steel Work, a deduct in the amount of $257,865, for a revised contract value of $4,417,635 n. Resolution approving Change Order No. 1 to Enterprise Electric, Inc., of Boone, IA, for bid package 26-1 – Electrical, Communications, & Electronic Safety and Security Work, a deduct in the amount of $50,970, for a revised contract value of $1,278,030 o. Resolution approving Change Order No. 1 to Con-Struct, Inc., of Ames, IA, for bid package 31-1 – Site Demolition & Earthwork, an increase in the amount of 334 $87,717, for a revised contract value of $662,717 p. Resolution approving Change Order No. 1 to RRT Design & Construction, of Melville, NY, for bid package 40-1 – Millwright/Process Integration Work, a deduct in the amount of $1,134,320, for a revised contract value of $6,663,689 2. Award one or more contracts to a different combination of bidders. 3. Do not award contracts at this time. CITY MANAGER'S RECOMMENDED ACTION: Since 1975, the City's Resource Recovery Plant has received municipal solid waste (MSW) from throughout Story County, processed it to remove recyclable metals, and converted a substantial portion of the MSW into a supplemental fuel for use in the City's Power Plant boilers. Although this system was successful in reducing the volume of MSW that needed to be landfilled, in recent years this arrangement has resulted in technical, economic, and regulatory challenges. In response to these issues, the City is pursuing the development of a new Resource Recovery & Recycling Campus (R3C) on Freel Drive. At the facility, MSW will be received from haulers and customers, recyclable metals will be recovered, and the waste will be loaded into semi-trailers to be hauled to the Carroll County Landfill. A multi-departmental team of City staff has worked diligently with the design team at HDR, Inc. to develop a project that meets the City's needs for solid waste handling and disposal for the next generation. With the assistance of Story Construction, a project has been developed that will allow the City to responsibly fulfill its solid waste handling obligations. In addition, the facility will assist in educating the community about waste disposal and recycling, and the equipment within the facility will allow City staff to extract as much recyclable material as possible from the waste stream before the remainder is disposed of via landfilling. The project team has worked with bidders to develop deductive change orders that will bring the project cost down. In addition, the available funding sources in the project budget have been adjusted to reflect other funding sources that will be contributing to this project. Staff will continue to work with the contractors and design team during the construction of the project to identify any opportunities for modifications that may further reduce the project cost or improve the usability of the facility once complete. The Construction Manager, Story Construction, has evaluated the bids and change orders, and has recommended the award of the contracts and the change orders being presented to City Council. Therefore, based on the recommendation of Story Construction, it is the recommendation of the City Manager that the City Council approve Alternative #1, as described above. ATTACHMENT(S): Ltr to OWNER_ BP Contract recommendation.pdf Story Cost Reduction Value Analysis_Ames R3C_260320_R1.pdf BP Summary with VE_260320_R1.pdf R3C Deduct Changes.pdf 335 GENERAL CONTRACTING | DESIGN+BUILD | CONSTRUCTION M ANAGEMENT 2810 Wakefield Circle Ames, IA 50010 515-232-4358 March 18, 2026 Ames City Council City Clerk’s Office 515 Clark Ave, Ames, IA 50010 Re: Resource Recovery & Recycling Campus Project Project Location: 220 Freel Drive, Ames, IA 50010 Dear Ames City Council, Enclosed are 2 documents for reference. 1. BP Summary with VE document items identified per package. 2. Story Construction Cost Reduction Value Analysis document • Story Construction recommends award to the following Bid Package contractors. • Additionally, Story Construction recommends issuing change orders for the approved items per the BP Summary with VE document. BP# 01-1 General Construction Work Grabau BP# 03-1 Concrete and Steel Work BP# 09-1 Gypsum Board Assembly Work BP# 14-1 Elevator Lift Work BP# 21-1 Fire Suppression &Systems Work BP# 22-1 Plumbing & HVAC Work BP# 26-1 Electrical, Communications Electrical Safety & Security Work BP# 31-1 Demolition & Earthwork Work BP# 32-1 Paving & Sidewalk Work BP# 33-1 Site Utility Work BP# 40-1 Millwright Process Integration Work Jensen Builders Heartland Finishes TK Elevator Tri-City Fire ACI Mechanical Enterprise Electric Construct TBD On-Track RRT Please process the appropriate Contract Agreement forms sign You may retain a copy of the agreement and bond forms for your files. Please return one original, signed Agreement to our office for further processing. Sincerely, STORY CONSTRUCTION CO. CH Enclosures 336 Idea #Type Description Notes Ball In Court Status Amount Idea 1 Finishes Remove Pac-Clad (MP-3), Adjust Girts, and Change to Building Manufacture Color. (BP-03-1) These areas would need to be changed to a MP-1 or MP-2 panel type which is either a CS or AP style Chief exposed fastener panel and the building girts could remain the same depth across the entire building. Owner Accepted (50,580.00)$ Idea 2 Structural Change Quantity of Snow Gaurds from Six (6) to Two (2). (BP-03-1) Potential cost saving if reduced to only one (1) row each on the North & South. City has chosen to allow an $8,000 credit to keep double lay in high traffic areas. Owner Accepted (8,000.00)$ Idea 3 Finishes Only Install Liner Panels at Transfer Tunnel (BP-03-1)Installed on Gridline K(1-8)Owner Accepted (21,050.00)$ Idea 4 Finishes Change Roof Panel from Colored to Galv. Alum. (BP-03-1)Accepted.Owner Accepted (38,380.00)$ Idea 5 Structural Remove Canopy from Building Enterance (BP-03-1)Not currenty considering, may consider post award with alternative Owner Rejected (15,043.00)$ Idea 6 Site Remove Sanitary from Scale House HDR to Confirmed Restroom is Required.Owner Rejected (19,000.00)$ Idea 7 Site Remove Water Service from Scalehouse HDR to Confirmed Restroom is Required.Owner Rejected (9,500.00)$ Idea 8 Site Remove One (1) Scale (BP-40-1)Accept Credit of $204,559 credit from RRT, City maintain $14,559 of the credit for funding for paving/earthwork in location of scale. General Contractor Rejected (204,559.00)$ Idea 9 Other Remove Automatic Door Operators (BP-01-1)Not considering at this point in time.Owner Rejected (11,000.00)$ Idea 10 Other Remove Jib Crane (BP-40-1)City plans to utilize existing equipment for servicing shredder.Owner Accepted (73,821.00)$ Idea 11 Other Remove One (1) ECS and its related monorail system, steel structure and electrics. (BP 40-1)Accepted.Owner Accepted (338,626.00)$ Idea 12 Other Remove ALL Processing Equipment. Set Up Transfer Station for Future Installation of Equipment Worst Case, Does not change proposed electrical sizing for process equipment.Owner Rejected (7,798,009.00)$ Idea 13 Other Bid Breakout for Fuel Island (BP 40-1)City to provide separate funding for fuel island cost is assoicated with General Rejected (381,700.00)$ Idea 14 Other Review Width of Exterior Gates (BP 31-1) Not accepted.Construction Manager Rejected (821.00)$ Idea 15 Other Review Need for Restroom in Scalehouse HDR to Confirmed Restroom is Required.Architect Rejected Idea 16 Envelope Remove Two (2) Rapid Doors & Replace with Spec'd Coiling Doors (BP-01-1)Accepted.Owner Accepted (126,538.00)$ Idea 17 Other Alternate #3 Remove Infeed Conveyor (BP 40-1)RRT Recommends keeping infeed converyor and switching manufacturs Owner Rejected (554,200.00)$ Idea 18 Other Substitute Hustler Converyor For Infeed Conveyor (BP 40-1)Accepted.Owner Accepted (227,944.00)$ Idea 19 Other Substitute DG Marshall Converys for CETC (BP 40-1)Accepted.Owner Accepted (253,782.00)$ Idea 20 Structural Deflector Plate Steel & AR400 Ware Plates (BP's 40-1)Jensen has this scope captured.Owner Accepted (193,801.00)$ Idea 21 Structural Pit Ladders, Rails & Stairs (BP's 40-1 & 03-1)Did not receive comparison pricing scope of work will remain with BP 40-1 Owner Rejected (45,550.00)$ Idea 22 Other Slab on Grade Prep Transfer Tunnel Excavations and Backfill (BP's 03-1 & 31-1)Story has plugged an allowance for the drainage tile for 30k to Construct. HDR to respond to tile size.Owner Accepted (46,155.00)$ Idea 23 Electrical Delete Electric Chargers Pathways Only (BP 26-1)Keep in base bid scope not considering at this time.Owner Rejected (2,630.00)$ Idea 24 Other Remove Blower for Ferrous Cleanup (BP 40-1)Accepted Owner Accepted (46,346.00)$ Idea 25 Site Remove PIV (BP 33-1)Accepted not required by code.Owner Accepted (5,695.00)$ Idea 26 Finishes Remove Lockers (BP 01-1)Not accepted.Owner Rejected (23,000.00)$ Idea 27 Site Remove Vinyl Coating from Fencing (BP 31-1)Not accepted.Owner Rejected (3,468.00)$ Idea 28 Site Stormwater Lift Stations Still working through pump pricing General Contractor Rejected (10,000.00)$ Idea 29 Finishes Change Education Ceiling to ACT (BP's 09-1 & 26-1)Pricing Received from HTLD & Enterprise Owner Accepted (33,000.00)$ Idea 30 Other Remove Trolley Hoists (BP-40-1)Not considering at this time Owner Rejected (74,618.00)$ Idea 31 Site Reduce Planting Material by 25% (BP 31-1)Accepted Confirm Pricing for 3" to 1.5"Owner Accepted (5,983.00)$ Idea 32 Site Remove Sidewalk Along Freel Dr. (BP 32-1)Sidewalk will be apart of Freel Dr. Paving Owner Accepted (16,410.00)$ Idea 33 Envelope Remove Two (2) Rapid Doors & Replace with Rubber High Speed Doors (BP 01-1)Not Accepted.Owner Rejected (134,263.00)$ Idea 34 Electrical Substitute rock backfill for concrete under pavement. (BP 26-1)Under pavement only.Owner Rejected (4,500.00)$ Idea 35 Electrical Delete Lightining Proctection System and Ground Ring and Utilize a 30'-0" Deep Earth Ground Rod and NEC Requirements for Grounding & Bonding (BP 26-1)HDR to review code Owner Accepted (32,000.00)$ Idea 36 Electrical Change Fiber Conduits for Road to IT Room and IT Room to Scale House (BP 26-1) Install (3) 1.25" Conduits for the Main Fiber Service Delete (2) 4" & Maxcell. Install (2) 1.25" conduits to the scale house delete (2) 2" Conduits and Maxcell General Contractor Rejected (4,000.00)$ Idea 37 Electrical Change Pole Bases from 2'-0"x11'-6" to 2'-0"x8'-0". (BP 26-1)HDR to confirm Requirements.Owner Rejected (5,500.00)$ Idea 38 Electrical Delet Light Switcches from Tipping Floor (Fixtures are motion Sensored) (BP 26-1) Eliminates Auto-Dimming feature and would be operated by the motion senosors on the fixtures listed with lighting changes. HDR to Confirm Requirements Owner Rejected (8,500.00)$ Idea 39 Electrical Lighting Fixture Changes (BP 26-1)Removed 8,300 from pricing option for lithonia H1 substitution and accepted CPHB substitution for H1. Will need to revisit.Owner Accepted (10,470.00)$ Idea 40 Electrical J-Hook Low Voltage Cabling (Fire & IT) Above Ceiling in Ofiice (BP 26-1)HDR to Confirm with code.Owner Accepted (5,500.00)$ Idea 41 Site REVIEW HDPE vs. Concrete Structures HDR to Confirm with code.Owner Accepted (26,000.00)$ Idea 42 Total Accepted (1,560,081.00)$ Total Decision -$ Total Rejected (9,309,861.00)$ Total Pricing -$ Total Undefined -$ Grand Total (10,869,942.00)$ Estimate Total 19,616,638.00$ Construction Budget 16,821,527.00$ Cost Reduction Goal 2,795,111.00$ Accepted Ideas (1,560,081.00)$ Reduction Still Needed 1,235,030.00$ Cost Reduction/Value Analysis Ames R3C Ames, Iowa 3/20/2026 Insert Above This Line Page 1 of 1 337 BP #Scope Contractor Bid Day Idea 1 Idea 2 Idea 3 Idea 4 Idea 10 Idea 11 Idea 16 Idea 18 Idea 19 Idea 20 Idea 22 Idea 24 Idea 25 Idea 29 Idea 31 Idea 32 Idea 35 Idea 39 Idea 40 Idea 41 Total Revised BP Cost 1-1 General ConstructionGrabau $1,601,000 -$126,538.00 -$126,538.00 $1,474,462.00 3-1 Concrete & Steel Jensen Builders $4,675,500 -$50,580.00 -$8,000.00 -$21,050.00 -$38,380.00 -$139,855.00 -$257,865.00 $4,417,635.00 9-1 Framing & Gyp Heartland Finishes $430,675 -$30,000.00 -$30,000.00 $400,675.00 14-1 Elevator TK Elevator $109,800 $0.00 $109,800.00 21-1 Fire Protection Tri-City Fire $169,284 $0.00 $169,284.00 22-1 Mechanical ACI Mechanical $1,180,000 $0.00 $1,180,000.00 26-1 Electrical Enterprise $1,329,000 -$3,000.00 -$32,000.00 -$10,470.00 -$5,500.00 -$50,970.00 $1,278,030.00 31-1 Sitework Construct $575,000 $93,700.00 -$5,983.00 $87,717.00 $662,717.00 32-1 Paving & sidewalks Lakeside $1,028,129 -$16,410.00 -$16,410.00 $1,011,719.00 33-1 Utilities On Track $723,370 -$5,695.00 -$26,000.00 -$31,695.00 $691,675.00 40-1 Millwright RRT $7,798,009 -$73,821.00 -$338,626.00 -$227,944.00 -$253,782.00 -$193,801.00 -$46,346.00 -$1,134,320.00 $6,663,689.00 $19,619,767 -$50,580 -$8,000 -$21,050 -$38,380 -$73,821 -$338,626 -$126,538 -$227,944 -$253,782 -$193,801 -$46,155 -$46,346 -$5,695 -$33,000 -$5,983 -$32,000 -$10,470 -$5,500 -$26,000 -$1,560,081 $18,059,686 338 Option #Item 01-1 General Construction Work 03-1 Concrete and Steel 09-1 Gypsum Board Assembly 14-1 Elevator/Lift 21-1 Fire Suppression System 22-1 Plumbing & HVAC 26-1 Elec, Comms, and Electron Safety & Sec 31-1 Site Demolition & Earthwork 32-1 Paving & Sidewalk 33-1 Site Utilities 40-1 Millwright/Process Integration TOTAL 1 Eliminate light gray accent color (50,580)$ (50,580)$ 2 Reduce roof snow guards (8,000)$ (8,000)$ Items remaining under evaluation 3 Replace tipping floor liner panels (21,050)$ (21,050)$ 4 Eliminate painted roof (38,380)$ (38,380)$ 5 Eliminate entry awning -$ 6 Remove sanitary from scalehouse -$ 7 Remove water from scalehouse -$ 8 Remove outbound scale -$ 9 Remove automatic door openers -$ 10 Remove jib crane (73,821)$ (73,821)$ 11 Remove 1 ECS and shorten conveyors (338,626)$ (338,626)$ 12 Remove all processing equipment -$ 13 Breakout fuel area (see revenues)-$ 14 Reduce gate widths -$ 15 Remove scalehouse bathroom -$ 16 Remove/alternate rapid close doors (126,538)$ (126,538)$ 17 Remove infeed conveyor 18 Alternative infeed conveyor mfr.(227,944)$ (227,944)$ 19 Alternative process conveyor mfr.(253,782)$ (253,782)$ 20 Deflector plates duplication (193,801)$ (193,801)$ 21 Swap ladder/rails/stairs -$ 22 Swap slab-on-grade tunnel prep (139,855)$ 93,700$ (46,155)$ 23 Remove EV chargers -$ 24 Remove ferrous metal blower (46,346)$ (46,346)$ 25 Remove post indicator valve (5,695)$ (5,695)$ 26 Alternate locker manufacturer -$ 27 Remove vinyl coating from front fence -$ 28 Alternative storm water pump mfr.-$ 29 Delete ceiling baffles in education rm.(30,000)$ (3,000)$ (33,000)$ 30 Eliminate trolley/hoist -$ 31 Reduce plantings (5,983)$ (5,983)$ 32 Delete Freel Drive Sidewalk (16,410)$ (16,410)$ 33 Replace OH doors with rubber doors 34 Concrete backfill under pavement -$ 35 Convert lightning prot. to deep ground (32,000)$ (32,000)$ 36 Alternate fiber conduits -$ 37 Change pole base sizes -$ 38 Delete tipping floor light switches -$ 39 Lighting fixture changes (10,470)$ (10,470)$ 40 J-hook low-voltage cabling in office (5,500)$ (5,500)$ 41 Swap HDPE storm structs. w/concrete (26,000)$ (26,000)$ TOTAL ADJUSTMENTS (126,538)$ (257,865)$ (30,000)$ -$ -$ -$ (50,970)$ 87,717$ (16,410)$ (31,695)$ (1,134,320)$ (1,560,081)$ ORIGINAL CONTRACT VALUE 1,601,000$ 4,675,500$ 430,675$ 109,800$ 169,284$ 1,180,000$ 1,329,000$ 575,000$ 1,028,129$ 723,370$ 7,798,009$ 19,619,767$ REVISED CONTRACT VALUE 1,474,462$ 4,417,635$ 400,675$ 109,800$ 169,284$ 1,180,000$ 1,278,030$ 662,717$ 1,011,719$ 691,675$ 6,663,689$ 18,059,686$ 339 ITEM #:46 DATE:03-24-26 DEPT:P&H SUBJECT:ZONING TEXT AMENDMENT ESTABLISHING WEST UNIVERSITY PEDESTRIAN ENHANCEMENT OVERLAY DISTRICT BETWEEN SHELDON AND HYLAND, AND LINCOLN WAY AND OAKLAND COUNCIL ACTION FORM BACKGROUND: O n March 11, 2025 , City Council authorized Hunziker Companies to apply for a text amendment to create a new overlay district with reduced parking, increased density, and updated design standards for medium- to high-density apartments west of campus. The new overlay, once approved, may be applied properties between Sheldon and Hyland Avenues, between Lincoln Way and Oakland (see attached map of the eligibility area). No zoning map change is part of this item, only the approval of the text amendment to create the standards. The Hunziker request stemmed from zoning changes desired to facilitate the redevelopment of the properties at 259 and 263 Hyland (see attached Location Map). The developer also believes that allowing greater density and reduced parking implements the Ames Plan 2040 vision for the area located adjacent to the ISU Campus. Ames Plan 2040 designates the Hunziker properties at the corner of Oakland and Hyland, along with the surrounding area, as RN-4 “Walkable Urban Neighborhood.” The purpose of the Designation is to encourage higher density housing, mixed uses, walkability, and redevelopment that creates a high-quality built environment and sense of place (see attached Plan 2040 Excerpt and Map). A companion designation of Neighborhood Commercial – Mixed Use (NC-MU) also applies to properties along West Street in the middle of the RN-4 designated area. Key considerations for creating a text amendment to further goals of the RN-4 are ensuring the built environment reinforces the walkability and pedestrian character of the area with street level design details, residential or commercial use at the ground level, high quality front yard or streetscape elements, and good sidewalk and pedestrian access. TEXT AMENDMENT: The proposed zoning standards are comparable to the general design requirements in terms of height, orientation, fenestration, and materials of the current zoning of the area (Residential High Density "RH" with the West University Impact Overlay "O-UIW" ). However, the O-UIW overlay, created in 2006 as part of a broader assessment on University impacted neighborhoods, also included additional 25% parking requirement to mitigate concerns of overcrowding and development intensity. The proposed West University Pedestrian Enhancement District (O-WUPED) intentionally reduces parking and increases potential density of development compared to the current O-UIW while 340 trying to maintain compatible design requirements. The proposed Ordinance is attached for Council's review. The attached addendum provides information about a parking survey and additional details regarding the proposed standards. O-WUPED would supplant the existing O-UIW zoning for a site when it redevelops at the request of a property owner, rather than be a City initiated rezoning of the entire area. While the O-UIW will continue to be applied to the broader area, only a specified area along Sheldon and Hyland is eligible for the new zoning district option as it is written. Staff estimates that there are 36 properties and 16 net acres of land area eligible for the Overlay. Existing properties would not be able to modify existing structures to take advantage of the reduced parking and density changes. It is only proposed for redevelopment that can facilitate the goals of the RN-4 designation. Properties meeting the following criteria would be eligible to request a rezoning to O- WUPED (see attached eligibility map): Located within the RN-4 designation (the area within NC-MU may also be included, subject to review of commercial opportunities as mixed use). Zoned RH or proposed as RH with a rezoning application concurrent with the Overlay. Located between Sheldon Avenue and Hyland Avenues, north of Lincoln Way and south of Oakland. O-WUPED has substantial differences in standards related to intensity of use compared to existing O-UIW: Density is increased by changing the standard to a maximum of bedrooms per acre rather than dwelling units per acre. This approach allows for more total units, but with smaller bedroom configurations than a dwelling unit per acre standard (See addendum for more information on this change). Parking is reduced beyond the O-UIW 25% extra standard to a lower standard than is applied to apartments in RH zoning districts. The rate for 1- and 2-bedroom units is proposed to be one space per unit rather than the typical minimum of one space per bedroom (See also the addendum for more parking background and comparisons of standards). Front setbacks may potentially be approved for a reduction from the standard of 25 feet to either 20 feet or 15 feet depending on the type of building. Walkup direct access "townhome" style units can benefit from the 15-foot front setback, while standard apartment buildings will likely conform to the minimum 25-foot setback requirement (See addendum for more information). The proposed ordinance also includes new Design Standards and Principles to help guide site design and building architecture. The Design Standards and Principles also ensure development meets intent of RN-4 to create a walkable neighborhood and is compatible with the area. Standards are minimum mandatory requirements and the principles act as 341 guidelines to help shape the details of a project. A full list of the Design Principles and Standards is included in the attached ordinance. Select standards of note include: Design Standard for maximum building height of 45 feet (Matches current O-UIW) Design Standard for Clay brick as 60% of front facades (O-UIW has primary brick material requirement for whole building) and Design Principles for high quality, visually interesting building materials Design Principles and Standards for variations in building relief and height to break up massing (None within O-UIW) Design Principle to prioritize ground level units and Design Standard for use of glazing (None within O-UIW) Design Standards for windows and doors subdividing not less than 40% of a street facing façade to prevent “dead space” facing pedestrian areas (Matches current O-UIW) Design Standard for a minimum of one pedestrian entrance per primary façade and requiring architectural elements (coverings, stoops) defining entrances (Similar to O- UIW) Design Standard requiring principal buildings to be oriented towards the street and built to front setback (Similar to O-UIW) Design Standards and Principles relating to parking design to not dominate the street level design of a building, shielding of parking, and limitations on driveways (None within O-UIW) Design Principles describing general character of area and preferences for traditional building exterior design with a differentiated base, middle, top for three and four story buildings. Also allows townhome and contemporary design approaches that emphasize vertical elements and specific elements of architectural interest (None with O-UIW other than covered front entrance requirement) PLANNING AND ZONING COMMISSION: The applicant initially applied for a text amendment focused on the issues of density and parking. Staff crafted an overall text amendment that included the applicant's interests and added the design standards and principles discussed above. The Planning and Zoning Commission was presented an initial draft ordinance that included the establishment requirements and development standards described above, along with draft design principles. The Commission's discussion mainly focused on the proposed parking reductions. The Commission also received one public comment asking for the changes to be more broadly applied. One Commissioner felt that the parking rates for units with three or more bedrooms could be 342 further reduced. Another felt based on staff's parking survey, which found that there is an average usage in the O-UIW of one space per bedroom, the reductions went too far. Staff noted that the intent is to incent smaller apartment units rather than larger student suite-type apartments and one of the best ways to manage that is through parking rates. Each proposal under O-WUPED requires City Council approval. If City Council found that parking was an issue, it could deny a project. The Commission received a public comment letter (see attached) asking for the text amendment to be broadened to apply to Campus Avenue, as well as additions and remodeling of existing buildings. Staff responded that existing properties would not be able to take advantage of the reduced parking and density changes as they would be required to also come into compliance with design standards expected of new development. Additionally, at the time of initiating the text amendment, Council determined that the focus of the amendment would be only on the Sheldon and Hyland area and that a broader neighborhood sub-area plan would be the subject of future implementation studies. The text amendment is just one of the multiple Ames Plan 2040 land use changes that are to be contemplated for the area based upon Redirection Area designations to the west of Hyland and Urban Corridor designations along Lincoln Way. PUBLIC NOTICE: A proposed Zoning Ordinance text amendment does not require any specific mailed public notice since it is not proposed to be applied to a specific property at this time. However, staff provided mailed notice to property owners within 400 feet of the intended establishment area before the P&Z meeting. Staff fielded a handful of calls from owners or property managers in the area with only one written comment referenced above in the P&Z discussion. Staff also has the item listed under the Development Projects list on the Planning Division website. Notice of the City Council hearing has been published for March 24. ALTERNATIVES: 1. Approve first reading of an ordinance creating a new West University Pedestrian Enhancement District (O-WUPED) as shown in the attached ordinance. 2. Approve the first reading reading of an ordinance creating a new West University Pedestrian Enhancement District (O-WUPED) with modified language as directed by the City Council. 3. Do not approve the proposed text amendment. 4. Request additional information from staff or the applicant. 343 CITY MANAGER'S RECOMMENDED ACTION: Staff believes that any impacts from the flexibility afforded in parking, setback, and density standards will be balanced by the proposed performance enhancements to the current zoning requirements. Specifically, the height limitation ensures development with more units will not be perceived as more intense. The setback reduction lends to the pedestrian environment and goals of RN-4 for redevelopment of the area, while design standards ensure a high-quality built environment. Ideally, as student housing, fewer resident parking spaces are needed on a development site due to lower car ownership. Students also have the option of parking remotely on campus. Staff reached out to ISU staff and confirmed that while students who live in residence halls are given priority for on-campus parking, off-campus residents are also eligible. While redevelopment is the goal of the Overlay, given the small area O-WUPED will apply to, it will likely be limited. In staff’s survey of the area, of the 36 eligible properties, ten appear to be candidates for redevelopment based on age, condition, and status as rooming houses or conversions of single-family homes into multiple units (see attached map of properties with redevelopment potential). This is approximately 3 acres out of 16 net acres of land in the area. Other sites may also redevelop, but the likelihood is less based upon the age and condition of existing buildings. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): DRAFT Ordinance ZTA Overlay Zone O-WUPED.pdf ADDENDUM.pdf Location Map - Eligibility Area.pdf Location Map - 259 and 263 Hyland.pdf Ames Plan 2040 Future Land Use Map.pdf Ames Plan 2040 Excerpts.pdf Zoning Map.pdf Redevelopment Potential Map.pdf Public Comment Letter 344 ORDINANCE NO. __________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ENACTING A NEW SECTION 29.1115, AND AMENDING SECTION 29.1100.2(m), TABLE 29.1204(5), AND SECTION 29.1502(7)(c)(xi), THEREOF, FOR THE PURPOSE OF ESTABLISHING OVERLAY ZONE (O-WUPED) WEST UNIVERSITY PEDESTRIAN ENHANCEMENT 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 29.1115, and amending Section 29.1100, Table 29.1204(5), and Section 29.1502(7)(c)(xi), as follows: “Sec. 29.1100. OVERLAY ZONES. (1) Purpose. Each of these Overlay Zones is intended to supplement one or more established Base Zones, in order to conserve the single-family residential character of certain areas of the City; preserve the historical resources of the City; protect the environment; establish distinctive entries to the City; reflect the unique development and parking needs of areas impacted by proximity to Iowa State University; encourage context-sensitive infill development; and establish Lincoln Way as a multi-modal transportation corridor while allowing for a mixed commercial/residential use type. (2) Establishment. The Overlay Zones established by this Ordinance are: . . . (m) “O-WUPED” West University Pedestrian Enhancement District . . . Sec. 29.1115. “O-WUPED” West University Pedestrian Enhancement District (1) Purpose. The intent of O-WUPED is to implement the Comprehensive Plan Residential Neighborhood 4 (RN-4) (Walkable Urban) Land Use Designation by encouraging new multi-family or mixed-use development with an enhanced relationship between buildings, the pedestrian environment, and the character of the area as a distinct place. 345 (2) Establishment. O-WUPED applies to all lands that have a base zoning district of Residential High Density (RH) and are zoned O-WUPED on the Zoning Map. O-WUPED replaces the O-UIW West University Impacted District upon approval. A Zoning Map Amendment may be approved provided the City Council makes the following findings: a. The designation is consistent with the Comprehensive Plan and has a future land use designation of RN-4 or, subject to review of commercial opportunities as mixed use, is within the Neighborhood Commercial Mixed Use sub-designation of RN-4. b. The property has a residential zoning of RH or is concurrently proposed to be changed to RH. c. The property is located along and/or between Sheldon Avenue or Hyland Avenues, north of Lincoln Way and south of Oakland. d. The proposed development is a new construction apartment dwelling or mixed-use development. O-WUPED shall not apply to development that involves conversions of or additions to existing structures or to single- and two-family dwellings. e. The existing and proposed infrastructure for the development is sufficient in design and capacity to support the project with water, sanitary sewer, storm drainage, streets and other transportation related facilities including pedestrian facilities. f. A Major Site Development Plan (MSDP), consistent with Sec. 29.1502, is submitted concurrently with the petition for rezoning. The MSDP must demonstrate consistency with all requirements and standards of the Overlay. (3) Permitted Uses. The RH base zoning establishes permitted uses. (4) Site Development Plan. No use, buildings, or site improvements may be changed or constructed without receiving approval of a MSDP per 29.1502. (5) Distinction Between Design Standards, Design Principles, and Supplemental Development Standards. a. Design Standards are established as mandatory requirements to ensure the purpose of the Overlay is met in addition to conformance to other development standards of the City. b. The Design Principles are intended to guide the design components of the site and buildings and act as a framework to consider the project’s consistency with the Overlay’s purpose. c. Supplemental Development Standards provide flexibility regarding Zoning District and General Standards. In some instances, development may be required to exceed the 346 minimum standards and principles as part of the MSDP review to ensure the purpose of the Overlay is met. (6) Design Standards. The following design standards are the minimum requirements necessary for a project to be developed under the O- WUPED. a. Architectural Standards. i. Height. The maximum height of the principal building(s) shall be limited to 45 feet. ii. Materials. Clay brick shall be used as the primary building material with a minimum 60% coverage of each street facing facade. Measurement of the exterior surface does not include transparent windows, doors, and their trim. Garage doors are not exempt from the calculation. iii. Accent Features. The building design shall include architectural details to create visual interest and design diversity such as brick solider course, corbel, cornice, parapets, lintels, projecting window bays, inset windows, and variable roof lines. iv. Windows and Doors. (a) Street facing façades shall be subdivided and proportioned by openings, such as windows or doors, along no less than forty (40) percent of the length of the façade. For windows to be included in this calculation, they must be transparent. (b) Ground Floor Glazing. When a building includes ground floor commercial area, storefront glazing providing transparency into the commercial area is required. v. Entrances. (a) One main pedestrian entrance per primary façade shall be recessed or framed by a sheltering element such as an overhang, arcade or portico providing at least six feet of width and four feet of depth that is architecturally integrated into the overall design. For walk up units, alternative measures of stoops, doors with sidelights, or other types of accented entry features may be approved. (b) All other pedestrian entrances shall be otherwise provided with a sheltering and defining element. 347 b. Site Design Standards. i. Principal buildings shall be oriented towards the street and built at a maximum front setback of 25 feet. ii. Pedestrian Entrances and Sidewalks. (a) Each street facing façade shall include at least one functional pedestrian entrance for access to the building that includes a sidewalk that leads directly to the abutting street. The entrance should lead directly to a lobby or corridor providing access to internal units. iii. Parking Areas. No parking shall be permitted in the front yard, consistent with Article 4 of Chapter 29. Detached garages shall be rear or side loaded. Parking garages, podiums, or decks shall include screening of vehicles. iv. Driveways. Shared access is encouraged to minimize curb cuts and maintain consistent street frontage with minimal interruptions by driveways. v. Site materials. No rocks, brick fragments or other hard, loose material over ¾-inch in size shall be used. (7) Design Principles. The following design principles shall be guidelines relied upon when considering the site and architectural design components of a project. a. Building orientation shall emphasize a front to a building, especially along Hyland Avenue, with an identifiable main building entrance. b. Buildings three-stories or greater in height or requesting reduced setbacks should minimize overall massing with relief in the building plane through recessed façade(s) of at least 30 inches, variable roofs forms, pitched roofs parallel to the primary façade, and other architectural treatments. c. Architectural design and placement of buildings should contribute to the character of the area and pedestrian environment. This would include, but not limited to, locating high activity areas and entrances at the front of the site, allowing for ground floor commercial spaces, locating residential units on the ground level of the primary façade when there is no commercial, and locating parking access to the side or rear of the building to avoid having parking define the ground level of the building. 348 d. Building design should avoid blank walls of parking structures along street facades, including unfinished concrete walls and foundations e. High quality visually interesting and durable building materials should be used that include a mix of clay brick/masonry and contemporary cement board, wood, and metal paneling as materials to accentuate and create interest on the building. Brick and similar materials should wrap corners and be present on all facades to maintain design cohesiveness and interest. f. Architectural character is not restricted to one type of building design, but the design shall be evaluated for general conformance to the character of the area described herein. The general character of the area is positively defined by buildings utilizing brick materials, covered entries, accent elements, and pitched roofs for a traditional residential building appearance. Generally, traditional building design would utilize differentiated base, middle, and top level building design as a preferred approach for architectural compatibility. Additionally, walk up townhomes style units with vertical orientation of architecture is also compatible with the area. Alternatively, the Council may approve a contemporary building design accentuating modern building materials and emphasizing vertical elements of a building with massing, roof elements, and corner connections to a street. g. Parking areas and driveways should be located in a manner that is supportive of the pedestrian environment, typically, with no more than one driveway per lot. Residential use or commercial use should be located between parking spaces in a parking structure, podium, or ramp to have active uses at ground level and shield parking. h. Sidewalks. Pedestrian sidewalk easements should be allowed for when needed for larger sidewalks to accommodate pedestrian traffic. Sidewalks along West Street are subject to commercial width standards. i. Bicycle Parking. Plans for bicycle parking should be identified. (8) Supplemental Development Standards. Property that is zoned O- WUPED shall be developed in accordance with standards applicable to areas zoned RH. The Zone Supplemental Development Standards listed in Table 29.1204(5) below shall also apply and if they conflict with 349 any other standards of the Zoning Ordinance, they shall apply as the more specific standard: … Table 29.1204(5) West University Pedestrian Enhancement District Supplemental Development Standards Maximum Density 83 bedrooms/acre. There is no maximum of dwelling units per acre. Front Lot Line 15 feet for buildings with first floor residential units facing the street. One and Two Bedroom Dwelling Units Three Bedroom Dwelling Units Four Bedroom Dwelling Units Five Bedroom Dwelling Units Mixed Uses 1 space/DU 2.5 spaces/ DU 3.0 spaces/DU 4.0 spaces/DU Residential parking spaces provided may be credited towards required parking for commercial uses as part of the MSDP approval. feet may be granted to enhance the pedestrian environment at the sidewalk. ARTICLE 15 PROCEDURES Sec. 29.1502. SITE DEVELOPMENT PLAN REVIEW. (7) Alternative Design Review. (a) Any Numeric Zoning Development Standard or General Design Standard regulations identified in this Section may be adjusted up to 350 20% by approval of the Planning Director if the following criteria are met: … (c) Eligible Zoning Districts and Development Standards: (xi) West University Pedestrian Enhancement District (O- WUPED) ...” 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 , 2026. __________________________ __________________________ John A. Haila, Mayor First Reading: Second Reading: Third Reading: Passed on: I, Renee Hall, City Clerk of the City of Ames, Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. ______________, passed by the City Council of said City at the meeting held on ______________________and signed by the Mayor on ___________________________, and published in the Ames Tribune on ___________________________. _______________________________ Renee Hall, City Clerk 351 ADDENDUM Density Increase The RH District prescribes a maximum density of 38.56 units per net acre. Bedroom counts within a dwelling unit are not part of the density calculation. The developer desires to develop one- and two-bedroom units, which will result in fewer bedrooms and more units than typical of a RH development that includes three - and four-bedroom units. The proposed amendments to the density requirement set a density based on bedroom count because the Overlay is focused on supporting smaller units. The applicant’s proposal is for a density of 83 bedrooms per acre. Staff determined that the average number of bedrooms for a unit in O-UIW is 2. Multiplied by the maximum in density in RH (38.56), this would yield a density of 78 bedrooms per acre. This maximum does not necessarily allow an increase in development intensities but provides more flexibility for developments with one- and two-bedroom units. Because these units would be smaller, a large high-rise building like those in Campustown would not be needed to accommodate the unit increase. A four-story height limit is proposed with the Overlay to be consistent with the current height limitations of the O -UIW. Setback Reduction While the current RH district accommodates existing development patterns with apartments and small commercial opportunities, it is not structured to facilitate the type of redevelopment envisioned by the RN-4 designation or proposed by the applicant. RH is the primary apartment zoning district for the City and relies on suburban setback, parking, and landscaping standards to guide development. The RH zone currently requires a 25-foot front setback. The proposed 15-foot front setback for buildings with residential units along the ground floor allows buildings to be located closer to the street, improving interaction with the pedestrian environmen t. It also helps to address the constraints of a redevelopment site. A 15-foot setback would still permit some softening of building design with front yard landscaping treatments, bike parking areas, and front entrance patios. This will be important along Hyland because of the lack of street trees. Rear and side setbacks may be reduced up to 20% under Alternative Design Review provisions of the Ordinance. The current side setback in RH varies based on height and is 12 feet for a four-story building. The current rear setback is 25 feet. Parking Reduction The base requirement for most zoning districts is 1.5 spaces per unit for one-bedroom units and 1 space per bedroom for units with two or more bedrooms. Currently, the O- 352 UIW that applies to the area requires 25% more parking than the base requirement for dwelling units with two or more bedrooms. Based on staff’s review of aerial imagery and Assessor and Rental records, few properties in O-UIW meet the increased parking requirements. This is likely because many were built prior to the adoption of O-UIW and have nonconforming parking areas. For multi-family properties, there is an average of one space provided per bedroom. The average number of bedrooms per unit in O-UIW is two. The proposed reduced parking rate to one (1) space for one- and two-bedroom units is reduced beyond both the O-UIW and base requirements. The reduction reflects the Campustown Service Center Zoning District (CSC) parking rates. CSC requires one space per unit for units of any size. Both this area and CSC are within 500 feet of the Iowa State University campus, reducing the need for a vehicle. The reduced parking rate for units with three or more bedrooms reflects the Downtown Gateway Commercial Zoning District (DGC). In DGC, rates were reduced for residential units given the walkability of the area and availability of public transportation. Sim ilarly, CyRide has several routes on Hyland Avenue and West Street that connect with the ISU Campus benefiting properties in the proposed overlay. To evaluate the appropriateness of reduced parking standards, staff conducted a survey of parking conditions in the area the mornings of September 19th and 23rd. Seven properties meeting O-UIW parking requirements were surveyed to determine actual usage rates. A table with information on the properties and parking is included. The results of this survey reflect an average usage of one space per bedroom. Staff also observed that there was street parking available on Campus Avenue (closest street where street parking permitted) during the parking survey. Parking is available on alternate sides during the week. There is little street parking available along Oakland and none on Hyland. Parking on West Street is metered. Only a block of Sheldon permits street parking along the ISU side of the street north of West Street. 353 Required Parking and Surveyed Usage Rates Addres s # Require d Spaces Units 1 Br Unit s 2 Br Unit s 3 Br Unit s 4 Br Unit s 5 Br Unit s # Spaces Occupied 9/19 # Spaces Occupied 9/23 % Occupied Spaces of Required Spaces # Occupied Spaces per Bedroom # Occupied Spaces per Unit 125 Hyland 55 13 0 8 9 12 15 41 41 75% 0.93 3.15 140 Hyland 20 8 0 16 0 0 0 14 16 80% 1.00 2.00 124 Hyland 25 18 18 0 0 0 0 13 14 56% 0.78 0.78 163 Hyland 25 14 13 2 0 0 0 17 17 68% 1.13 1.21 244 Hyland 92 58 14 52 54 0 0 64 66 72% 0.55 1.14 131 Hyland 25 16 15 2 0 0 12 14 56% 0.82 0.88 245 Hyland 48 17 5 2 30 0 0 37 38 79% 1.03 2.24 354 UNION DR OAKLAND ST ST A T E AV E WEST ST LINCOLN WAY STORY ST WOODLANDST SHELDON AVE EXT H O WA R D AV E S H E L D O N A V E BEYER CT C A M P U S A V E HY L A N D A V E Location Map 0 0.04 0.090.02 Miles IN T E R S T A T E 3 5 LINCOLN 24TH 13THONTARIO INTERSTATE 35 D A Y T O N ST A N G E U N I V E R S I T Y 16TH GEORGEW CARVER SO U T H DA K O T A AIRPORTHY L A N D LINCOLN WAY ¯Legend Eligibility Area Parcels 355 H O W A R D AV E WEST ST OAKLAND ST WO O D L A N D S T C A M P U S A V E H Y L A N D A V E SH E L D O N A V E UNION DR SHE LDON AVE EX T Location Map 0 0.04 0.070.02 Miles Ames ¯ Subject Property Legend Parcels 7356 CoreRN-2 RN-2 Near Campus Overlay NC MU UC UC Univ RN-4 UNION DR OAKLAND ST WEST ST LINCOLN WAY STO RY ST WOODLANDST SHELDON AVE EXT H O W A R D A V E SHELD ON AVE BEYER CT C A M P U S AV E HY L A N D A V E Ames Plan 2040 Future Land Use Map 0 0.04 0.090.02 Miles IN T E R S T A T E 3 5 LINCOLN 24TH 13THONTARIO INTERSTATE 35 D A Y T O N ST A N G E U N I V E R S I T Y 16TH GEORGEW CARVER SO U T H DA K O T A AIRPORTHY L A N D LINCOLN WAY ¯Legend Eligibility Area Parcels Ames Plan 2040 Future Land Use Designations Residential Neighborhood 2 - Established (RN-2) Residential Neighborhood 4 - Village (RN-4) Neighborhood Core - Mixed Use (NC MU) Core (Core) Urban Corridor Civic - University Near Campus Overlay 357 P L A N E L E M E N T S G R O W T H & L A N D U S E 56 A M E S P L A N 2 0 4 0 Residential Neighborhood 4 (RN-4: Walkable Urban) »Based on master development plan or organic evolution of walkable mixed-use districts. »Strongly connected mixed uses as a “place” or district. »High level of street and path connectivity, highly walkable design where vehicles are secondary. »Individual development areas may have separate dominant uses but relate to each other. »Interior, street-oriented “village center.” »Common open space and community streets as elements of urban structure. » Thematic street character, e.g., “main street” environments. LAND USE: CATEGORIES PUBLIC ACTIONS »Improve streetscape and district identification to focus attention and encourage reinvestment in existing areas, such as in the West Street “village” west of the ISU campus and similar small-scale mixed-use districts. In these areas, encourage upgrades and improved relationships among existing multi-family buildings. May require a special development area plan. » Review and modify zoning and subdivision regulations to address the intended range of uses and design standards. » Review parking requirements to ensure there is not excess required parking that impacts financial feasibility of reinvestment and design that detracts from character. DEVELOPMENT GUID ELINES »Emphasis on mixed uses in the neighborhood overall with walkability, functional public space, appropriate street design, and green infrastructure; provide flexibility in how these goals are accomplished. » Similar design approach to a PUD to ensure details for mixed-use and design are successful, allowing for greater density and more commercial uses than conventional options. »Overall minimum gross density > 6 du/A; Village Centers may have much higher density. »Avoid dictating specific architectural style, while recognizing that some styles are more consistent with intended character than others, however, elements supportive of street level design details are required. This includes features such as porches, large amounts of fenestration for commercial uses, reduced setbacks, durable and interesting building materials, identifiable entrances, and minimized dead space of walls and garage doors. GOALS »Village master planning and development in key opportunity sites within growth areas. »Extension of positive “village” development principles into more conventional development options that achieve walkable and identifiable centers to neighborhoods. APPL ICABLE EXISTING ZONING CATEGORIES »PRD Planned Residence District »F-VR Village Residential »RH Residential High-Density (existing development only) » PUD Planned Unit Development Overlay District 358 P L A N E L E M E N T S G R O W T H & L A N D U S E 59 A M E S P L A N 2 0 4 0 Neighborhood Core - Mixed Use (NC MU) »A special subset of Neighborhood Core usually associated with Walkable Urban Neighborhoods. »Designed for a high level of pedestrian/bicycle /transit access with parking located behind buildings. »In large, master planned developments, may be located off major streets and in the interior of the community. »Often simulate “main street” character with buildings strongly oriented to adjacent streets and built close to the property line. » Includes or is located directly adjacent to residential uses. LAND USE: CATEGORIES APPL ICABLE EXISTING ZONING CATEGORIES »F-VR Village Residential »NC Neighborhood Commercial DEVELOPMENT GUIDELINES »Encourage walkability and planned relationships among separate buildings in multi-building projects. »Relate and orient buildings to surrounding public streets, including direct sidewalk to front door access. »Reduce visual impact of parking areas that separate buildings from streets. »Emphasize fine grain design details and building interest for neighborhood compatibility and use site design techniques emphasizing connectivity for pedestrians and bicyclists. »Incorporate residential uses into planned developments or in mixed-use core areas, including live-work environments. » Develop a high-quality, human-scale streetscape as part of development design; incorporate small and effective public spaces. » Accommodate existing and future transit accommodations. »Support incremental upgrades to existing properties to meet neighborhood goals. » Maintain a mix of uses that address everyday needs. PUBLIC ACTIONS »Encourage mixed uses in neighborhood cores. » Support extension of future transit service to emerging neighborhood cores. »Develop special district plans or guidelines prior to development in growth areas identified as Neighborhood Core - Mixed Use on the Future Land Use Map. GOALS »Provide neighborhood commercial and support services to all residential areas. »Recognize role of neighborhood cores as activity centers for residential communities. »Provide access choice from residential neighborhoods to commercial cores, including non-automotive options. 359 O-UIW RM CSC NC RL RL S-GA RH NC UNION DR OAKLAND ST WESTST LINCOLN WAY STORY ST WOODLANDST SHELDON AVE EXT H O WA R D AV E S H E L D O N A V E BEYER CT C A M P U S A V E H Y L A N D A V E Zoning Map 0 0.04 0.090.02 Miles IN T E R S T A T E 3 5 LINCOLN 24TH 13THONTARIO INTERSTATE 35 D A Y T O N ST A N G E U N I V E R S I T Y 16TH GEORGEW CARVER SO U T H DA K O T A AIRPORTHY L A N D LINCOLN WAY ¯Legend Eligibility Area Parcels Overlay Zones West University Impacted District ''O- UIW'' (sec 29.111) (1) Zoning Districts Residential Low Density Zone "RL" (sec 29.701) Residential Medium Density Zone "RM" (sec 29.702) Residential High Density Zone "RH" (sec 29.704) Neighborhood Commercial Zone "NC" (sec 29.801)360 UNION DR OAKLAND ST ST A T E AV E WEST ST LINCOLN WAY STORY ST WOODLANDST SHELDON AVE EXT H O WA R D AV E S H E L D O N A V E BEYER CT C A M P U S A V E HY L A N D A V E Redevelopment Potential Map 0 0.04 0.090.02 Miles IN T E R S T A T E 3 5 LINCOLN 24TH 13THONTARIO INTERSTATE 35 D A Y T O N ST A N G E U N I V E R S I T Y 16TH GEORGEW CARVER SO U T H DA K O T A AIRPORTHY L A N D LINCOLN WAY ¯Legend Properties with Redevelopment Potential Eligibility Area Parcels 361 362 363 364 ITEM #:47 DATE:03-24-26 DEPT:P&H SUBJECT:HEARING ON REZONING AND MASTER PLAN AMENDMENT FOR 4605 AND 4510 HYDE AND ADJACENT PROPERTIES TO THE NORTH (AUBURN TRAIL DEVELOPMENT) COUNCIL ACTION FORM BACKGROUND: Hunziker Development Group has applied to rezone two properties and amend the previously approved zoning Master Plan for the planned Auburn Trail development. The original rezoning and Master Plan for 4605 and 4510 was approved July 13, 2021, with a rezoning of the properties to Floating Suburban Residential Low-Density “FS-RL.” Location and zoning maps are attached. The proposed rezoning applies to Outlot A and B of the Cochrane Farm Subdivision along the northern boundary of the Auburn Trail development site. These parcels were annexed into the City in October 2025 and not previously included in the Master Plan or rezoned. At this time post-annexation they can be included in the plans for development of the site. The proposed rezoning for the two parcels is from “A” Agricultural to Floating Suburban Residential Low- Density “FS-RL” (see attached Rezoning Exhibit and applicant’s narrative). This will allow the parcels to be integrated into the subdivision layout with the amended Master Plan (see attached Master Plan and Zoning Plat). The amendments to the Master Plan include adjustments not only to add the two outlots, but also to change the layout of open space within the project and to amend the contract rezoning agreement related to a requirement to construct a shared use path along Hyde Avenue. MASTER PLAN AMENDMENTS: The site is located within the Ada Hayden Watershed area and is subject to Conservation and Low Impact Development Subdivision standards. Since the original Master Plan approval, the City has amended the Conservation Design Ordinance. Because of these changes, the developer has proposed less open space set-aside within the Master Plan and increased development densities. The amended Master Plan reflects a range of 155 to 190 lots for single-family attached/detached homes. The previous Master Plan proposed up to 181 units; up to 70 of these units were originally planned to be townhomes/small lots, which are no longer proposed. In total, there are 54 developable acres proposed. The minimum density standard within the proposed FS-RL is 3.75 dwelling units per net acre, which the Master Plan concept supports. Full review of density with net acreage limitations will occur with the subsequent preliminary plat subdivision review. There are 18 acres of open space shown on the Master Plan, which is reduced from approximately 24 acres with the previous Master Plan. The prior Master Plan included two 365 natural areas with wetland-indicated conditions as open space. Neither of these two areas have been determined to be Waters of the United States as Jurisdictional Wetlands and, due to their isolated nature and low-quality attributes, staff has not recommended that they be maintained as natural areas within the Master Plan. No other notable natural resources were identified for the site. Despite the reduction in open space, the subdivision design will need to comply with the Conservation Subdivision Ordinance and its treatment train approach to subdivision design to address stormwater management requirements. Final configurations of open space and stormwater management design features will be part of the Preliminary Plat subdivision review. Development of the subdivision will also include an assessment of park needs due to the distance of the project from a public neighborhood park. With the original Auburn Trail proposal, staff had recommended that a small neighborhood park be provided due to the distance from other neighborhood park spaces in the area as described within Ames Plan 2040. No specific plan is proposed with the Master Plan. A “pocket park” concept will be reviewed as part of the preliminary plat. The Master Plan also identifies major roadway and trail connections planned for the site. Although not shown, the developer has also discussed providing a voluntary trail connection through the east property with Ada Hayden. Since it is not required, it is not shown on the Master Plan. These internal features are essentially unchanged from the original design and are to be built by the developer. PREANNEXATION AND CONTRACT REZONING AGREEMENTS: The site is subject to an original pre-annexation agreement and a separate contract rezoning agreement that was approved with the initial rezoning of the site. The rezoning agreement references the original Master Plan and the obligation for the developer to construct a shared use path along Hyde Avenue. An amended rezoning agreement is required to be approved to adopt the amended Master Plan prior to third reading of the rezoning ordinance. The applicant has proposed to remove the shared use path requirement from the zoning agreement. The change is consistent with recent City Council discussions to make the Hyde path a City project. Removal of the shared use path from the developer's responsibilities is to be discussed by City Council at the March 24, 2026, meeting as part of the review and approval of the Auburn Trail development outline related to the development incentive requests. A pre-annexation agreement (approved December 30, 2013) also includes terms for cost- sharing sharing of infrastructure to serve the development. Amendments to the pre-annexation agreement are also expected to occur in coordination with the Auburn Trail project’s subdivision approval, subsequent to the rezoning process. Requested amendments are tied to the development incentive outline with waiver of collection of the traffic impact fee for signal improvements and the waiver of water and sewer connection fees for the first 50 homes within the first Phase of development. These issues are described fully in the separate development outline report. PLANNING AND ZONING COMMISSON: The Planning and Zoning Commission voted 4-0 to recommend approval of the rezoning request at its March 4, 2026 meeting. The Commission asked for clarification on the changes 366 to the wetland protections in the Conservation Design ordinance, as well as whether there would be pedestrian connectivity provided other than the shared use paths along Hyde and the main collector street in the subdivision. Staff explained the the wetlands are Non- Jurisdictional (not regulated by Federal Clean Water Act) and that the Conservation Subdivision standards require connectivity with open spaces. Pedestrian connections will be reviewed with the preliminary plat. A member of the public provided comment and asked about stormwater plans and whether a traffic study had been completed for impacts of the development on Hyde. Stormwater management is required for the development and plans will be reviewed as part of the preliminary plat. With the previous platting of the development, a traffic letter was submitted that identified the need for a northbound left turn lane to enter the development from Hyde. This is shown on the Master Plan. In addition, the City's northern growth area, inclusive of this property, is shown within Ames Plan 2040 and its projected growth was incorporated into a traffic model with the recently approved AAMPO transportation plan. The general analysis of the area concludes traffic will increase along Hyde, but within acceptable operational capacities. However, Ames Plan 2040 and the MTP indicate that traffic calming will be a benefit in the future for speed control as growth occurs. A traffic signal at Bloomington and Hyde is also anticipated as result of north growth development. ALTERNATIVES: 1. Approve on first reading the rezoning of 4605 and 4510 Hyde Avenue and Outlots A and B in the Cochrane Farms Subdivision to Floating Suburban Residential Low-Density “FS- RL" with Master Plan, subject to the condition that a Rezoning Agreement for the Master Plan is reviewed and approved by City Council no later than the third reading of the rezoning ordinance. Approval of Alternative 1 would remove the requirement for the developer to construct a Shared-Use Path along the entire frontage of Hyde Avenue at its cost. 2. Direct the applicant to modify the Master Plan and return with an updated Master Plan for Council approval. 3. Deny the request to rezone the property and retain the FS-RL zoning only on 4605 and 4510 Hyde and previously approved Master Plan. CITY MANAGER'S RECOMMENDED ACTION: The Master Plan’s proposed housing types are allowed within the proposed zoning. The amendments to the Master Plan reflect the addition of two recently annexed parcels to the development. Recent changes to the City’s Low Impact Development and Conservation Design Ordinance have influenced the overall layout of the site. Overall, the revised Plan is consistent with the type of land use planned for this area and the changes to the site layout have increased the development capacity of the site, especially for standard single-family detached lot layouts. The general layout of the Master Plan appears to support the intent of the Low Impact 367 Development and Conservation Design Ordinance. A complete analysis of these requirements will occur during the subsequent subdivision review process. The proposal to remove the complete shared use path requirement along Hyde Avenue is consistent with the December Council discussion of development incentives. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative 1, as described above. ATTACHMENT(S): Addendum.pdf Location Map.pdf Zoning Map.pdf Rezoning Plat Master Plan Future Land Use Map Ames Plan 2040 Excerpt Applicant Narrative 4605 & 4510 Hyde Ave - Rezoning.pdf 368 1 ADDENDUM REZONING BACKGROUND: Legal Description. Outlot A and Outlot YY of Auburn Trail Subdivision, First Addition, and Outlot A and Outlot B of Cochrane Farm Subdivision, all in the City of Ames, Story County, Iowa Ames Plan 2040. The Ames Plan 2040 Future Land Use Map designation for the property is Residential Neighborhood 3 (RN-3) (see attached Future Land Use Map). Plan 2040 describes these areas as containing a variety of residential types and neighborhood services. The characteristic of an RN-3 area is a conventional suburban layout of primarily single-family development at low and medium density. An excerpt of Plan 2040 for the RN-3 designation including a full description of characteristics and applicable zoning districts is also attached. FS-RL is considered a compatible zoning district within the RN-3 land use classification. Staff believes the rezoning request is consistent with the goals and policies of Ames Plan 2040. Current Zoning. Outlots A and B of the Cochrane Farms Subdivision are zoned Agricultural (A). When a property is annexed into the City it receives a default zoning of Agricultural (A) until at such time that the property owner chooses to rezone. 4605 and 4510 Hyde are zoned FS-RL. Proposed Zoning. The FS-RL zone is intended to provide supplemental standards to guide development beyond the base zone of Residential Low Density. These include for density, block lengths, and open space that would apply to a proposed development. Typically, the zone allows detached and attached single-family homes. Existing Uses of Land. The surrounding areas are zone primarily for residential and agricultural uses. To the northwest and east, the properties are zoned FS -RL. The residential neighborhood to the south is zoned RL, FS -RL, and F-PRD. Property to the west, northeast, and east are zoned Agricultural (A). Land uses that occupy the subject property and other surrounding properties are described in the following table: Direction from Subject Property Existing Land Uses Subject Property Farmland North Farmland, Homesteads, Communications Tower East Scattered Homesteads South Single-Family Detached and Attached Homes (Bloomington Heights West) West Railroad, Farmland 369 2 Master Plan. A Master Plan is intended to provide a general description of the inten ded development of a property. A Master Plan must address open space areas to be reserved from development, buildable areas, building types, and major access points as described in zoning requirements of Section 29.1507(4). The submitted Master Plan proposes 155-190 single-family attached/detached homes, on approximately 54 acres (43 net acres sub estimated right-of-way). In addition, the Master Plan includes approximately 18 acres of open space. The minimum density standard for RN-3 and FS-RL is 3.75 dwelling units per net acre which the Master Plan concept supports. Full review of density with net acreage limitations will occur with the subsequent preliminary plat subdivision review. Infrastructure. The property at 4605 Hyde is the subject of a 2013 pre-annexation agreement addressing street assessments, traffic fees, water service territory buyout, and water and sewer connection fees. A contract rezoning agreement approved with the 2021 rezoning addressed needed off-site improvements related to the development of the site including the extension of a shared use path along Hyde Avenue. Since 2013, some of this infrastructure has been installed and assessed. City expectations for cost-sharing have changed related to City Council direction from December 16, 2205, to consider development incentives for certain residential development projects, including Auburn Trail. Negotiation of final agreements will be completed in order to amend the Pre-annexation agreement. Water - Auburn Trail is within a City water connection district. The City previously undertook the extension of water service to the property . Payment of fees to the City is required in conjunction with final platting of each phase of the project. Auburn Trail is also subject to agreements for buyout of service territory agreements with Xenia Rural Water Association. The developer is responsible for buyout fees to be paid to Xenia, which must occur prior to final plat. Sewer- Auburn Trail is within a City sanitary sewer connection district. The City previously undertook the extension of sanitary sewer service to the property. Payment of fees to the City is required in conjunction with final platting of each phase of the project. Electric- Auburn Trail lies within the Ames Electric service territory. Special Assessments and Off-site Traffic Improvements- The pre-annexation agreement included an assessment for the improvement of Hyde Avenue from West 190th Street. This has been completed and one payment on the assessment remains. The combined development of Quarry Estates, Auburn Trail, and Hayden’s Preserve are known from prior traffic studies to contribute to increased traffic in the area and the need for a traffic signal at Hyde and Bloomington. The original pre-annexation agreement included a developer’s share of costs associated with traffic signals at Hyde Avenue and Bloomington Road and Grand Avenue and Bloomington Road . 370 3 Shared Use Paths and Trails- The contract rezoning agreement included a requirement for a 10-foot shared use path to be constructed by the developer along the Hyde frontage of Auburn Trail and connect off site to the south and north. City Council has indicated support to remove this obligation from the developer with the intent of the trail being a City project extending from Harrison to 190th Street. The requirement will be deleted from the rezoning agreement. The Master Plan also shows an internal shared use path along the collector road with a connection to the future development to the north . This path will be constructed at the cost of the developer. Access. Primary access to the site would be from Hyde Avenue. A turn lane is required for north bound traffic on Hyde into the site. The developer is responsible for public improvements serving the site. Auburn Trail will be connected with public roads to existing development both to the south and to future development to the north. Crestmoor Avenue and Welbeck Drive (existing streets currently stubbed at the south property line) would be extended into the site. Two street connections to the north will connect into the street network from Hayden’s Preserve (formerly Rose Prairie). An additional stub street is planned to the north for a potential future connection. Internal circulation will be reviewed at the time of subdivision. Findings of Fact. Based upon an analysis of the proposed rezoning and laws pertinent to the applicant’s request, staff makes the following findings of fact: 1. The subject property is owned by Erben & Margaret Hunziker Apartments LLC, Hunziker, 2. The proposed zoning is consistent with the Residential Neighborhood 3 (RN-3) Future Land Use Designation identified on the Ames Plan 2040 Future Land Use Map. 3. The RN-3 land use designation supports the FS-RL zoning designation. Under a FS-RL zoning designation, detached and attached single-family housing types are allowed. 4. The Master Plan identifies developable areas and range of uses consistent with the proposed FS-RL zoning district. Subsequent development will be subject to subdivision review. 5. Infrastructure is adequate to serve the site and can be extended to the site. 6. Ames Municipal Code Sec. 29.1507(5) requires approval of a zoning agreement for an application with a master plan and that all subsequent development comply with the master plan. Public Notice. Notice was mailed to property owners within 400 feet of the subject site and a sign was posted on the subject property. 371 H Y D E A V E WES T L AW N D R WELBECKDR BRICKMAN AVE EISENHOWER AVE EIS ENHOWERLN CRESTMOORAVE L A K E S IDEDR BA L L E N T I N E D R HARRISON RD BERKSHIRE AVE EISENHOWER CT ABERDEEN DR LAURE L S T WEST W IND DRWESTONDR D A N B U RY R D Location Map 0 0.07 0.140.04 Miles IN T E R S T A T E 3 5 LINCOLN 24TH 13THONTARIO INTERSTATE 35 D A Y T O N ST A N G E U N I V E R S I T Y 16TH GEORGEW CARVER SO U T H DA K O T A AIRPORTHY L A N D LINCOLN WAY ¯Legend Subject Properties Parcels 4605 Hyde 4510 Hyde Outlot A Outlot B 372 F-PRD S-GA A FS-RL RL FS-RL FS-RL A H Y D E A V E WES T L AW N D R WELBECKDR BRICKMAN AVE EISENHOWER AVE EIS ENHOWERLN CRESTMOORAVE L A K E S IDEDR BA L L E N T I N E D R HARRISON RD BERKSHIRE AVE EISENHOWER CT ABERDEEN DR LAURE L S T WEST W IND DRWESTONDR D A N B U RY R D Existing Zoning Map 0 0.07 0.140.04 Miles IN T E R S T A T E 3 5 LINCOLN 24TH 13THONTARIO INTERSTATE 35 D A Y T O N ST A N G E U N I V E R S I T Y 16TH GEORGEW CARVER SO U T H DA K O T A AIRPORTHY L A N D LINCOLN WAY ¯Legend Subject Properties Parcels Zoning District Agricultural Zone "A" (sec 29.600) Residential Low Density Zone "RL" (sec 29.701) Government/Airport District "S-GA" (sec 29.1002) Suburban Residential Zone Residential Low Density ''FS- RL'' (sec 29.1202(4)-1) Planned Residence District ''F-PRD'' (sec 29.1203) 4605 Hyde 4510 Hyde Outlot A Outlot B 373 EXISTING: FS-RL (SUBURBAN RESIDENTIAL LOW DENSITY) PROPOSED: FS-RL (SUBURBAN RESIDENTIAL LOW DENSITY) 74.46 ACRES 3,243,434 SQ FT S 2 7 ° 5 2 ' 0 7 " E 8 5 4 . 3 8 ' S 89°46'05" W 1293.62'S 89°46'05" W 1162.99' S 89°46'05" W 100.00' N 0 0 ° 0 2 ' 4 7 " E 7 1 3 . 3 3 ' N 0 0 ° 0 2 ' 4 7 " E 5 5 3 . 2 7 ' N 89°54'07" E 1312.19'N 89°52'03" E 671.90' N 00°02'47" E 50.00' N 89°38'41" W 113.42' N 57°48'38" W 116.93' L=100.63' N 00°38'38" W 36.84' S 89°21'22" W 220.79' N 0 0 ° 0 6 ' 0 7 " E 30 5 . 3 8 ' S 89°25'36" E 502.35' EXISTING: FS-RL (SUBURBAN RESIDENTIAL LOW DENSITY) PROPOSED: FS-RL (SUBURBAN RESIDENTIAL LOW DENSITY) 4.68 ACRES 203,695 SQ FT S 89°46'05" W 1287.22 S 0°13'55" E 50.00 S 07°31'36" E 50.41' L = 7298.49' R = 1575.35' ∆ = S 17°14'30" E EXISTING AGRICULTURAL PROPOSED F-S RL 1.48 ACRES 64,521 SQ FT EXISTING AGRICULTURAL PROPOSED F-S RL 0.11 ACRES 4,994 SQ FT S 0 0 ° 0 2 ' 4 7 " W 5 2 0 . 2 9 ' L=45.65' S 89°46'05" W 99.76' N 00°13'55" W 50.00' © Bo l t o n & M e n k , I n c . 2 0 1 8 , A l l R i g h t s R e s e r v e d H:\HUNZI\0A1123082\CAD\C3D\MISC-123082-REZONE PLAT.DWG 3/3/2026 1:56 PM JOB NUMBER: 1519 BALTIMORE DRIVE AMES, IOWA 50010 (515) 233-6100 AMES OUTLOT 'A' AND OUTLOT 'YY' OF AUBURN TRAIL SUBDIVISION FIRST ADDITION, AND OUTLOT 'A' AND OUTLOT 'B' OF COCHRANE FARM SUBDIVISION REZONING PLAT MARCH 2026 R 0A1.123082 REZONING PLAT 4605 HYDE AVENUE AND 4510 HYDE AVENUE AND OUTLOT 'A' AND OUTLOT 'B' COCHRANE FARM SUBDIVISION SHEET OF 1 1 R LEGAL DESCRIPTION: OUTLOT ‘A’ AND OUTLOT ‘YY’ OF AUBURN TRAIL SUBDIVISION, FIRST ADDITION, AND ALSO, OUTLOT ‘A’ AND OUTLOT ‘B’ OF COCHRANE FARM SUBDIVISION, ALL IN THE CITY OF AMES, STORY COUNTY, IOWA PARCELS CONTAIN A COMBINED 3,243,434 SQ. FT. (74.46 AC.) FEETSCALE 0 150 300 HORZ. OWNER (4510 HYDE AVE): HUNZIKER DEVELOPMENT GROUP LLC 105 S 16TH ST AMES, IA 50010 APPLICANT: HUNZIKER DEVELOPMENT GROUP LLC 105 S 16TH ST AMES, IA 50010 OWNER (4605 HYDE AVE AND OUTLOT 'A' AND OUTLOT 'B' COCHRANE FARM SUBDIVISION): ERBEN & MARGARET HUNZIKER HUNZIKER APARTMENTS LLC 105 S 16TH ST AMES, IA 50010 PREPARED BY: BOLTON & MENK 1519 BALTIMORE DRIVE AMES, IA 50010 SUBMITTAL DATE: FEBRUARY, 2026 OUTLOT 'A' AUBURN TRAIL SUBDIVISION 4605 HYDE AVE 68.19 ACRES OUTLOT 'YY' AUBURN TRAIL SUBDIVISION 4510 HYDE AVE OUTLOT 'A' COCHRANE FARMS SUBDIVISION OUTLOT 'B' COCHRANE FARMS SUBDIVISION 374 16234 27 /CC C E E C E E E C E E E CC 15024 23 /CC C EC D D D CE M M M 16212 23 /CC S H D D CLVT D D CLVT X X X X X X X XXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X XX XXXXXXXXXX X XXXXX X X X X X X X XXX C E G G l l l X X E X X X X X X X X X X XXXX l l l l X X X C CAPPED 8" SANITARY SEWER FL: 906.55 l l l l l l l l l l OE OE OE OE OE OE OE OE OE OE OE >> >> >> >> E- D E- D E- D E- D E- D E- D E- D E- D E- D >> >> >> >> >> >> >> >> >> >> >> >> >> E- D C- D C- D C- D C- D C- D C- D C- D C- D C- D >> >> >> >> >> >> >> >> D S E CC C S X X X X X X X XXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X XX XXXXXXXXXX X XXXXX X X X X X X X XXX C E G G l l l X X E X X X X X X X X X X XXXX l l l l X X X C E E E S S > > 95 5 95 5 95 5 95 5 95 5 96 0 96 0 960 96597 0 94 0 945 95095596 096 5 970 940 945 950 955 925 925 930 930 935 94 0 945 94 0 945 950 955 960 945 950 955 955 955 960 965 96 0 965 S 89°54'07" W 1312.19S 89°52'03" W 671.90 N 2 7 ° 5 2 ' 0 7 " W 8 5 4 . 3 8 L=533.77' N 89°46'05" E 1287.22 N 0 ° 1 3 ' 5 5 " W 5 0 . 0 0 N 89°46'05" E 1162.99 S 0 ° 1 3 ' 5 5 " E 5 0 . 0 0 N 89°46'05" E 99.76 S 0 ° 0 2 ' 4 7 " W 7 1 3 . 3 3 S 0 ° 0 2 ' 4 7 " W 0 . 0 0 S 0 ° 0 2 ' 4 7 " W 5 5 3 . 2 7 N 0 ° 0 2 ' 4 7 " E 5 2 0 . 2 9 S 89°38'41" E 113.42S 57° 4 8 ' 3 8 " E 1 1 6 . 9 3 L=100.63'L=45.65' S 0 ° 3 8 ' 3 8 " E 3 6 . 8 4 N 89°21'22" E 220.79 S 0 ° 0 6 ' 0 7 " W 3 0 5 . 3 8 N 89°25'36" W 502.35 N 7 ° 3 1 ' 0 6 " W 5 0 . 4 1 N 89°46'05" E 1293.62 CONNECTION TO HAYDEN'S PRESERVE CONNECTION TO HAYDEN'S PRESERVE NORTH STREET CONNECTION H: \ H U N Z I \ 0 A 1 1 2 3 0 8 2 \ C A D \ C 3 D \ F I G R - 1 2 3 0 8 2 - M A S T E R P L A N . d w g 3/ 4 / 2 0 2 6 3 : 5 3 : 4 9 P M R Auburn Trail Hunziker Land Development Figure 1: Master Plan March 2026 R FEETSCALE 0 150 300 HORZ. CO N N E C T I O N T O C R E S T M O O R A V E . CR E S T M O O R A V E . P U B L I C R . O . W . CO N N E C T I O N T O W E L B E C K D R . WE L B E C K D R . P U B L I C R . O . W . CONNECTION TO HYDE AVE. HYDE AVE. PUBLIC R.O.W. OPEN SPACE 12.61 ACRES OPEN SPACE: 2.06 ACRES OPEN SPACE 3.74 ACRES TOTAL AREA: 74.46 ACRES OPEN SPACE: 18.41 ACRES PROPOSED ROW: 12.88 ACRES NET AREA: 43.17 ACRES OWNER HUNZIKER LAND DEVELOPMENT CO. 105 S. 16TH ST. AMES, IOWA 50010 APPLICANT HUNZIKER LAND DEVELOPMENT CO. 105 S. 16TH ST. AMES, IOWA 50010 LEGAL DESCRIPTION OUTLOT ‘A’ AND OUTLOT ‘YY’ OF AUBURN TRAIL SUBDIVISION, FIRST ADDITION, AND ALSO, OUTLOT ‘A’ AND OUTLOT ‘B’ OF COCHRANE FARM SUBDIVISION, ALL IN THE CITY OF AMES, STORY COUNTY, IOWA PREPARED BY BOLTON & MENK 1519 BALTIMORE DRIVE AMES, IA 50010 SUBMITTAL DATE FEBRUARY 2026 EXISTING ZONING: "A" (AGRICULTURAL ZONE) PROPOSED: "FS-RL" (SUBURBAN RESIDENTIAL ZONE RESIDENTIAL LOW DENSITY) (ENTIRE SITE) LEGEND COLOR USE ZONING DEVELOPABLE ACRES SINGLE FAMILY ATTACHED/DETACHED FS-RL AREA 56.05 AC DWELLING UNITS 155-190 DENSITY 3.75-4.40 HY D E A V E N U E WE L B E C K D R SINGLE-FAMILY ATTACHED/DETACHED DEVELOPABLE ACRES: 55.11 OP E N S P A C E OP E N S P A C E OPEN SPACE DETENTION AND BUFFERS FS-RL 18.41 AC NA NA CR E S T M O O R A V E . EXISTING STREAM EXISTING CELL TOWER CONNECTION TO SHARED USE PATH COLLECTOR STREET WITH SHARED USE PATH SHARED USE PATH DEVELOPABLE ACRES: .94 ACRES 375 RN-3 RN-2 RN-2 NC-MU OSPark RN-4 RN-3 RN-3 OS RN-3 H Y D E A V E WES T L AW N D R WELBECK DR BRICKMANAVE E ISENHOWERLN CRESTMOORAVE L A K E S IDEDR BA L L E N T I N E D R HARRISON RD ABERDEEN DR LAURE L S T WEST W IND DRWESTONDR D A N B U RY RD Future Land Use Map 0 0.07 0.140.04 Miles IN T E R S T A T E 3 5 LINCOLN 24TH 13THONTARIO INTERSTATE 35 D A Y T O N ST A N G E U N I V E R S I T Y 16TH GEORGEW CARVER SO U T H DA K O T A AIRPORTHY L A N D LINCOLN WAY ¯Legend Subject Properties Parcels Ames Plan 2040 Future Land Use Designations Residential Neighborhood 2 - Established (RN-2) Residential Neighborhood 3 - Expansion (RN-3) Residential Neighborhood 4 - Village (RN-4) Neighborhood Core - Mixed Use (NC MU) Park/Recreation Open Space 4605 Hyde 4510 Hyde Outlot A Outlot B 376 P L A N E L E M E N T S G R O W T H & L A N D U S E 55 A M E S P L A N 2 0 4 0 Residential Neighborhood 3 (RN-3: Expansion) »Contemporary but diverse development options in planned expansion areas of the city, known as FS zoned areas. Originally envisioned in the 1997 LUPP as “villages” and residential subdivisions. » Primarily residential and largely single- family at low and medium densities. Some medium-density apartment developments. »Conventional suburban lot sizes in subdivisions. »Limited or no transit access. »Access to private green space, internal paths, and trails is often included in development design. Includes storm water detention features within developments. » Curvilinear street networks, minimizing cul-de-sacs,but somewhat limited connectivity at times. » Common pattern of automobile-oriented design with front-loaded garages. »Includes small commercial nodes. LAND USE: CATEGORIES DEVELOPMENT GUIDELINES »Flexible lot size design standards for diverse housing types, including architectural character, environmental, and open space factors in design decisions. »Higher residential densities (attached, townhomes, small multi-unit buildings) on avenues, boulevards, and mixed use avenues, and other streets with significant bicycle and potential transit routes; and within master planned projects. »Street, sidewalk, and trail connectivity. » New development requires neighborhood and community parks. See also Parks, Trails, & Greenways Element. »Plan to accommodate transit extensions into developing areas by design and density levels. » Allow common accessory functions, places of worship, and parks. »Apply minimum density standards to new development, single-family 3.75 du/A, medium-density minimum density 10.0 du/A, cores and high-density areas have higher intensity and densities than medium density. PUBLIC ACTIONS »Review and modify zoning and subdivision regulations to address intended range of uses and design standards. » Permit accessory dwelling units with lot size and design standards. »Extend trail network into growth areas. »Support transit extensions to serviceable areas. » Use the Capital Improvements Program to plan for extension of major road, water, sewer infrastructure. Consider use of development agreements, connection districts, and assessments to help facilitate extensions. GOALS »Wide range of housing types and price points, need to incorporate attainably priced owner-occupied housing. » Planned development of neighborhood cores, with higher density, linkages to single-family areas, and neighborhood services. »High level of internal connectivity and planned street linkages to surrounding developments. »Use Complete Street concepts with development. Include active transportation linkages. Provide safe access for all to neighborhood cores and activity areas. »Target minimum gross density in major new development areas of 6 units per acre. APPL ICABLE EXISTING ZONING CATEGORIES »FS-RL Suburban Residential Low-Density »FS-RM Suburban Residential Medium-Density »F-PRD Planned Residence District »PUD Planned Unit Development Overlay District »RLP Residential Low-Density Park » Over time, RN-3 development areas will begin to age and have needs similar to RN-1 and RN-2. 377 378 DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER Prepared by: Renee Hall City Clerk’s Office, 515 Clark Avenue, Ames, IA 50010 Phone: 515-239-5105 Return to: Ames City Clerk, P.O. Box 811, Ames, IA 50010 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AMES, IOWA, AS PROVIDED FOR IN SECTION 29.301 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY CHANGING THE BOUNDARIES OF THE DISTRICTS ESTABLISHED AND SHOWN ON SAID MAP AS PROVIDED IN SECTION 29.1507 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE BE IT HEREBY ORDAINED by the City Council of the City of Ames, Iowa; Section 1: The Official Zoning Map of the City of Ames, Iowa, as provided for in Section 29.301 of the Municipal Code of the City of Ames, Iowa, is amended by changing the boundaries of the districts established and shown on said Map in the manner authorized by Section 29.1507 of the Municipal Code of the City of Ames, Iowa, as follows: That the real estate, generally located at 4605 and 4510 Hyde Avenue plus two adjacent parcels to the north (Outlots A & B in the Cochrane Farms Subdivision), is rezoned from Agricultural “A” to Floating Suburban Residential Low-Density “FS-RL” Real Estate Description: Outlot ‘A’ and Outlot ‘YY’ of Auburn Trail Subdivision, First Addition, and also, Outlot ‘A’ and Outlot ‘B’ of Cochrane Farm Subdivision, all in the City of Ames, Story County, Iowa. Parcels contain a combined 3,243,434 sq. Ft. (74.459 ac.) Section 2: All other ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 3: This ordinance is in full force and effect from and after its adoption and publication as provided by law. ADOPTED THIS day of , . 379 Renee Hall, City Clerk John A Haila, Mayor 380 ITEM #:48 DATE:03-24-26 DEPT:FIN SUBJECT:PUBLIC HEARING AND NOTICE OF INTENT TO ISSUE $17,375,000 ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATIONS BONDS, AND ASSOCIATED TAX LEVY FOR DEBT PURPOSES COUNCIL ACTION FORM BACKGROUND: The FY 2026/27 Budget provides funding for a number of capital improvement projects to be financed through the issuance of General Obligation (G.O.) Bonds. Pursuant to Iowa law, authorization of the bonds requires a public hearing to approve both the issuance of the debt and the levy of property taxes necessary to pay principal and interest. The proposed bond proceeds and corresponding debt service levy have been incorporated into the FY 2026/27 recommended budget. The proposed G.O. bond issuance is based on the capital projects identified in the table below and included in the FY 2026/27 Capital Improvements Plan (CIP). Approval of this action authorizes issuance up to the not-to-exceed amount; Council will be asked at a later date to approve the final terms and sale of the bonds. Issuance is anticipated shortly after the beginning of the new fiscal year. The proposed not-to-exceed authorization includes $16,317,006 to fund capital projects approved in the FY 2026/27 CIP. In addition to direct project funding, the not-to-exceed amount includes $1,057,994 to cover estimated issuance costs and to provide structural flexibility, including the potential to sell bonds at a premium should market conditions warrant. Regardless of the final structure, debt will not be issued in an amount that causes annual debt service to exceed the property tax levy included in the adopted budget. It should also be noted that the adjusted FY 2025/26 budget and the recommended FY 2026/27 budget include a combined $22,006,730 to support development of the Resource Recovery and Recycling Campus (R3C). Given that the project remains in the early stages of development, staff believes it is prudent to defer bond authorization until the R3C's construction schedule is better defined and a comprehensive financing plan has been developed. Additionally, because the City has already received authorization through a public referendum for the relocation of Fire Station #2, associated costs for this project are not part of this proposed authorization. The required public hearings and approve a pre-levy resolution authorize the levy of property taxes for bonds expected to be issued in FY 2026/27. The pre-levy amount associated with the FY 2026/27 projects is $1,828,463 and is included within the total FY 2026/27 debt service property tax levy of $13,360,015 for all outstanding General Obligation debt. The FY 2026/27 Capital Improvements Plan G.O. Bond issuance includes the following projects: 381 Asphalt Street Pavement Improvements 2,340,000 Arterial Street Pavement Improvements 1,260,000 CyRide Route Pavement Improvements 3,800,000 Concrete Pavement Improvements 3,300,000 Seal Coat Street Pavement Improvements 900,000 Collector Street Pavement Improvements 2,800,000 Freel Drive Paving 975,000 Intelligent Transportation System 178,756 Airport Facility Improvements 623,250 Airport Entryway Improvements 140,000 Subtotal Tax Supported Bonds $ 16,317,006 Estimated Issuance Costs 1,057,994 Grand Total 2025/26 G.O. Bond Issuance $ 17,375,000 ALTERNATIVES: 1. Authorize the issuance of Essential Corporate Purpose General Obligation Bonds in an amount not to exceed $17,375,000 and the associated tax levy for repayment. 2. Do not authorize the issuance of Essential Corporate Purpose General Obligation Bonds for the projects noted above. This alternative will prevent the City from completing the bond-funded projects reflected in the FY 2026/27 CIP. CITY MANAGER'S RECOMMENDED ACTION: Prior to the issuance of debt, state law requires that a public hearing be held, and associated pre-levy resolution be adopted. This is a required step in order to accomplish the Council’s approved capital improvements for the upcoming fiscal year. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 382 ITEM #:49 DATE:03-24-26 DEPT:PW SUBJECT:SANITARY SEWER SYSTEM IMPROVEMENTS PROGRAM (BASIN 11) COUNCIL ACTION FORM BACKGROUND: This is the annual program for rehabilitation/reconstruction of deficient sanitary sewers and deteriorated manholes at various locations throughout the city. The goal of this program is to identify and remove major sources of inflow/infiltration (I/I) as a means of lowering the peak wet weather flow at the treatment plant. By eliminating I/I in these sewer mains, the sanitary sewer system will also regain needed capacity. This project includes the rehabilitation of sanitary sewer segments and manholes within Basin 11, which is located on the east side of Ames. On February 18, 2026, bids for the project were accepted by City Council. However, the award of the project was delayed to comply with the requirements of the State Revolving Fund (SRF) Clean Water Loan process. Bids were accepted as shown below: Bidder Bid Amount Engineer's Estimate $2,100,000.00 Municipal Pipe Tool Co.$1,616,102.90 Visu-Sewer $2,560,299.25 A State Revolving Fund (SRF) Clean Water Loan in the amount of $2,100,000 has been secured as the funding source for this project. Repayment of the loan will be from the Sanitary Sewer Fund. The not-to-exceed amount for the public hearing has been established at an amount to cover possible cost increase; however, the City will only borrow the amount needed to fund the project. A Public Hearing is required to enter into the Sewer Revenue Loan and Disbursement Agreement to borrow the funds in a principal amount not to exceed $2,100,000. The revenues and expenses associated with this program are estimated as follows: Description Available Revenue Estimated Expenses State Revolving Fund (SRF)$2,100,000 Construction (est.) $1,616,102.90 Engineering/Administration (est.) 250,000.00 TOTAL $2,100,000 $1,866,102.90 The Sanitary Sewer System Improvements Program (Basin 11) are shown in the Capital Improvement Plan with $2,500,000 in State Revolving Fund (SRF) proceeds. 383 ALTERNATIVES: 1. Approve the following for the Sanitary Sewer and Manhole Rehabilitation (Basin 11) Project: a. Resolution proceeding to take additional action for the authorization of a Loan and Disbursement Agreement and this issuance of Sewer Revenue Bonds (SRF Loan) not-to-exceed $2,100,000. b. Resolution approving final plans and specifications and awarding contract to Municipal Pipe Tool Co. LLC of Hudson, Iowa, in the amount of $1,616,102.90. 2. Do not proceed with this project at this time. CITY MANAGER'S RECOMMENDED ACTION: This project will improve the sanitary sewer system by restoring structural integrity of deteriorating sewer segments and by removing inflow and infiltration to regain valuable capacity within the system. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): Basin 11.pdf 384 US Highway 30 N 500TH AVE SAND HILL TRL S 500TH AVE NORTH DAKOTA AVE 240TH ST 270TH ST 13TH ST 215TH ST 200TH ST 265TH ST 24TH ST S 530TH AVE ZUMWALT STATION RD C I-35 HWY LINCOLN WAY TIMB RD SE 16TH ST STAGECOACH RD S US HIGHWAY 69 KEN MARIL RD DAYTON AVE STATE AVE E 13TH ST GEORGE W CA RV ER AVE BE A C H A V E 245TH ST ONTARIO ST 276TH ST E RIVERSIDE RD S RIVEDR PULLMAN ST ONION CREEK LN Access to city wells OLD BLOOMINGTON RD ADAMS ST AIRPORT RD 560TH AVE 250TH ST AVE 260TH ST 600TH A VE 11 6 2 1 5 13 8 7 9 12 4 3 10 15 14 µ 0 4,200 8,4002,100 Feet City Limits Roads Sanitary Study Basins City of Ames Sanitary System Evaluation Study 1 inch = 4,200 feet Project Locations: Basin 11 38 5 ITEM #:50 DATE:03-24-26 DEPT:PW SUBJECT:SANITARY SEWER SYSTEM IMPROVEMENTS PROGRAM (E. LINCOLN WAY AND NIKKOL TRUNK LINE) COUNCIL ACTION FORM BACKGROUND: This is the annual program for rehabilitation/reconstruction of deficient sanitary sewers and deteriorated manholes at various locations throughout the city. The goal of this program is to identify and remove major sources of inflow/infiltration (I/I) as a means of lowering the peak wet weather flow at the treatment plant. By eliminating I/I in these sewer mains, the sanitary sewer system will also regain needed capacity. This project includes the rehabilitation and lining of sanitary sewer segments along E. Lincoln Way and the Nikkol Trunk Line, extending from E. Lincoln Way to south of U.S. Highway 30. On February 18, 2026, bids for the project were accepted by City Council. However, award of the project was delayed to comply with the requirements of the State Revolving Fund (SRF) Clean Water Loan process. Bids were accepted as shown below: Bidder Bid Amount Engineer's Estimate $7,540,000.00 Municipal Pipe Tool Co.$4,462,230.40 SAK Construction, LLC $6,225,796.00 Michels Trenchless $6,923,964.00 Visu-Sewer $6,968,619.85 A State Revolving Fund (SRF) Clean Water Loan in the amount of $5,700,000 has been secured as the funding source for this project. Repayment of the loan will be from the Sanitary Sewer Fund. The not-to-exceed amount for the public hearing has been established at an amount to cover possible cost increases; however, the City will only borrow the amount needed to fund the project. A Public Hearing is required to enter into the Sewer Revenue Loan and Disbursement Agreement to borrow the funds in a principal amount not to exceed $5,700,000. The revenues and expenses associated with this program are estimated as follows: Description Available Revenue Estimated Expenses State Revolving Fund (SRF)$5,700,000 Construction $4,462,230.40 Engineering/Administration (est.) 250,000.00 TOTAL $5,700,000 $4,712,230.40 386 The Sanitary Sewer Improvements Program (E. Lincoln Way and Nikkol Trunk Line) are shown in the Capital Improvement Plan with $8,000,000 in State Revolving Fund (SRF) proceeds. ALTERNATIVES: 1. Approve the following for the Sanitary Sewer Rehabilitation (E. Lincoln Way and Nikkol Trunk Line) Project: a. Resolution proceeding to take additional action for the authorization of a Loan and Disbursement Agreement and this issuance of Sewer Revenue Bonds (SRF Loan) not-to-exceed $5,700,000. b. Resolution approving final plans and specifications and awarding contract to Municipal Pipe Tool Co. LLC of Hudson, Iowa, in the amount of $4,462,230.40. 2. Do not proceed with this project at this time. CITY MANAGER'S RECOMMENDED ACTION: This project will improve the sanitary sewer system by restoring structural integrity of deteriorating sewer segments and by removing inflow and infiltration to regain valuable capacity within the system. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): E Lincoln Way & Nikkol Trunk Line.pdf 387 Ni k k o l S.D u f f East Lincoln Way Hig h S c h o o l Veen k e r E a s t Veenk e r W e s t US Highway 30 69 In t e r s t a t e H i g h w a y 3 5 Legend Priority Projects by Risk Analysis Siphons Manholes within 2010 Flood Zone Areas 2, 5, & 6 Smoke Test Defects Areas 2, 5, & 6 Highlighted Public Sanitary Main Risk of Failure 0 (Private or Abandoned) 1 (Lowest Risk) 2 3 4 5 (Highest Risk) 0 0.5 1 1.5 20.25 Miles In t e r s t a t e H i g h w a y 3 5 I- 3 5 265th 55 0 t h 56 0 t h Ken Maril U S H w y 6 9 260th GardenOp a l Je w e l Teagarden 26 5 t h 260th WWTP100.5 Miles Trunkline Inset Map See Trunkline Inset Map Project Location: E. Lincoln Way & Nikkol Trunk Line U M H i gh w a y City of Ames Sanitary Sewer System Evaluation Figure 5-1 Priority Projects by Risk Analysis Sensitive Area 388 To:Mayor & City Council From:Parker Walsh, Assistant Planner Date:March 24, 2026 Subject:Rezoning of property at 1323 Northwestern Avenue Item No. 51 MEMO The ordinance rezoning property located at 1323 Northwestern Avenue from Residential Low Density (RL) to Government/Airport District (S-GA) with Master Plan is attached for City Council's review and consideration for second reading. ATTACHMENT(S): 1323_Northwestern_Ave_-_Rezoning.pdf Planning and Housing 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 389 DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER Prepared by: Renee Hall City Clerk’s Office, 515 Clark Avenue, Ames, IA 50010 Phone: 515-239-5105 Return to: Ames City Clerk, P.O. Box 811, Ames, IA 50010 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AMES, IOWA, AS PROVIDED FOR IN SECTION 29.301 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY CHANGING THE BOUNDARIES OF THE DISTRICTS ESTABLISHED AND SHOWN ON SAID MAP AS PROVIDED IN SECTION 29.1507 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE BE IT HEREBY ORDAINED by the City Council of the City of Ames, Iowa; Section 1: The Official Zoning Map of the City of Ames, Iowa, as provided for in Section 29.301 of the Municipal Code of the City of Ames, Iowa, is amended by changing the boundaries of the districts established and shown on said Map in the manner authorized by Section 29.1507 of the Municipal Code of the City of Ames, Iowa, as follows: That the real estate, generally located at 1323 Northwestern Avenue, is rezoned from Residential Low Density (RL) to Government/Airport District (S-GA) with a Master Plan. Real Estate Description: PARCEL C: Part of the Southwest Quarter of the Southeast Quarter of Section 34, Township 84 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, as previously described in a Quit Claim Deed filed in Book 97, Pages 2-4, and as previously shown on the Plat of Survey filed at Inst. No. 00-10865, and being more currently described as follows: Commencing at the Southeast Corner of Lot 2 in Bel-Air First Addition to Ames, Story County, Iowa; t hence S00°09'10"E, 299.84 feet along the west line of Northwestern Avenue to the point of beginning; thence S00°12'02"E, 230.08 feet; thence southerly, 129.86 feet along a curve having a radius of 1080.80 feet, concave easterly, a central angle of 6°53'03" and being subtended by a chord which bears S03°36'39"E, 129.78 feet; thence southerly, 120.81 feet along a curve having a radius of 1010.80 feet, concave westerly, a central angle of 6°50'53" and being subtended by a chord which bears S03°37'45"E, 120.74 feet; thence N88°23'48"E, 5.00 feet; thence S00°14'29"E, 398.11 feet to the intersection of the west line of Northwestern Avenue with the north line of 13th Street; thence N89°52'59"W, 317.64 feet along the north line of 13th Street to the easterly right of way line of an existing railroad; thence following said line N23°06'55"W, 271.11 feet; 390 thence northwesterly, 504.95 feet along a curve having a radius of 5766.39 feet, concave southwesterly, a central angle of 5°01'02" and being subtended by a chord which bears N25°27'58"W, 504.79 feet; thence N27°51'53"W, 187.34 feet to the south line of the North 450 feet of said Southwest Quarter; thence N89°27'18"E, 705.41 feet along said line to the point of beginning, containing 10.10 acres. Section 2: All other ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 3: This ordinance is in full force and effect from and after its adoption and publication as provided by law. ADOPTED THIS day of , . Renee Hall, City Clerk John A Haila, Mayor 391 To:Mayor & City Council From:Kelly Diekmann, Director of Planning & Housing Date:March 24, 2026 Subject:Tax Increment Financing Districts Item No. 52 MEMO The ordinance to amend the Municipal Code of the City of Ames, Iowa by enacting a new Section 24.21 thereof, for the purpose of creating Tax Increment Financing District within the Downtown Reinvestment District Urban Renewal Area is attached for City Council's review and consideration for second reading. ATTACHMENT(S): Ordinance 8th-9th TIF District.PDF Planning and Housing 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 392 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ENACTING A NEW SECTION 24.21 THEREOF, FOR THE PURPOSE OF ESTABLISHING THE EIGHTH AND NINTH TAX INCREMENT FINANCING DISTRICTS; 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 24.21 as follows: “Sec.24.21. DOWNTOWN REINVESTMENT DISTRICT TAX INCREMENT FINANCING DISTRICTS. (1) Purpose. The purpose of this ordinance is to provide for the division of taxes levied on taxable property within the Downtown Reinvestment District 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 Downtown Reinvestment District Urban Renewal Area, such area having been identified in the Urban Renewal Plan approved by the Ames City Council by Resolution No. 21-467 adopted on August 24, 2021, which includes the real property identified below and shall constitute the tax increment financing districts created by this ordinance. There shall be two TIF Districts created as set forth below, which shall be the City’s Eighth and Ninth Tax Increment Financing Districts [TIF]: (a)Eighth Tax Increment Financing District-The Linc East 121 Kellogg Avenue (09-02-358-010): Lots Twelve (12) and Thirteen (13) in Lee & Munn’s Subdivision, a replat of Lot “A”, except the West Sixty (60’) feet of said Lot “A”, a part of Block 49, Fourth Addition to Ames, Iowa; and 393 119 Kellogg Avenue (09-02-358-020): Lot 11, Lee & Munn’s Subdivision, a replat of Lot “A”, except the west (60’) feet of said Lot A, a part of Block 49, Fourth Addition to Ames, Iowa; and 117 Kellogg Avenue (09-02-358-030): Lot 10 in Lee & Munn’s Subdivision of Lot “A,” in Block 49, Fourth Addition to Ames, Iowa, except the West 60 feet thereof; and 113 Kellogg Avenue (09-02-358-040): Lots 7, 8, and 9, all in Lee & Munn’s Subdivision to Ames, Iowa; and 111 Kellogg Avenue (09-02-358-050): Lot 6, in Lee & Munn’s Subdivision, Ames, Iowa; and 109 Kellogg Avenue (09-02-358-060): Lot 5, in Lee & Munn’s Subdivision Ames, Iowa; and 105 Kellogg Avenue (09-02-358-070): Lots 3 and 4, in Lee & Munn’s Subdivision, Ames, Iowa; and 303 Lincoln Way (09-02-358-080): Lots 1 and 2, in Lee & Munn’s Subdivision, Ames, Iowa; and 307 Lincoln Way (09-02-358-081): Billboard upon Leased Land known as Lots 1 and 2, in Lee & Munn’s Subdivision, Ames, Iowa; and 311 Lincoln Way (09-02-358-090): The South 100 feet of Lots 14 and 15, in Lee & Munn’s Subdivision to Ames, Iowa; and 319 Lincoln Way (09-02-358-105): The North 60 feet of Lots 14 and 15, and the South 16 feet of Lot 16, all in Lee & Munn’s Subdivision of Lot “A” in Block 49, Fourth Addition, to Ames, Iowa, except the West 60 feet thereof, AND the South 190 feet of the West 60 feet of Lot “A” in Block 49, Fourth Addition to Ames, Iowa; and 327 Lincoln Way (09-02-358-120): The South 221.7 feet of Lot 1, Block 49, Fourth Addition to Ames, Iowa, also known as Blair’s Fourth Addition to Ames, Iowa; and 329 Lincoln Way (09-02-358-130): The South 150 feet of the East 50 feet of Lot 2, in Block 49, Fourth Addition to Ames, Iowa; and 328 Gilchrist Street (09-02-358-190): Lot 1, in Block 49, Fourth Addition to Ames, Iowa, except the South 221.7 feet thereof, and except beginning at a point 25 feet South of the North line of Lot 1 and 25 feet West of the East line of said Lot 1, thence East 25 feet parallel to the South line of said Lot 1, thence North along the East line of said Lot 1 to the NE Corner of said Lot 1, thence Southwesterly along the North line of said Lot 1 to a point 25 feet North of the place of beginning, thence South 25 feet to the place of beginning; AND the East 50 feet of Lot 2 in Block 49, Fourth Addition to Ames, Iowa, except the South 150 feet thereof; and 394 322 Gilchrist Street (09-02-358-200): Beginning at a point 25 feet south of the north line of Lot 1 and 25 feet West of the East line of said Lot 1, thence East 25 feet parallel to the South line of said Lot 1, thence North along the east line of said Lot 1 to the Northeast corner of said Lot 1, thence Southwesterly along the North line of said Lot 1, to a point 25 feet North of the place of beginning, thence South 25 feet to the place of beginning, all in Block 49, Fourth Addition to Ames, Iowa; and 320 Gilchrist Street (09-02-358-210): The West 60 feet of Lot “A”, Block 49, Fourth Addition to Ames, Iowa, except the South 190 feet thereof; and 312 Gilchrist Street (09-02-358-225): Parcel #2 of Lot 16, in Lee & Munn’s Subdivision, Ames, Iowa, as shown on the Plat of Survey recorded in the office of the Story County Recorder on March 31, 1986, in Book 7, at Page 177; and The alley within Lee & Munn’s Subdivision more specifically defined as the point of beginning at the Southwest corner of Lot 1 in the Lee & Munn’s Subdivision, Ames, Iowa extending West 16 feet along Lincoln Way North right-of- way line to the Southeast corner of Lot 14; thence extending North 311 feet to the Northeast corner of Lot 16 of Lee & Munn’s Subdivision, thence 16.1 feet to the Northeast on the South right-of-way of Gilchrist Street to the northwest corner of Lot 13 of the Lee & Munn’s Subdivisions, thence South along the alley’s East right- of-way 313.3 feet to the point of beginning. (b)Ninth Tax Increment Financing District-The Linc West 335 Lincoln Way (09-02-358-140): The West 50 feet of Lot 2, in Block 49, Fourth Addition to Ames, Iowa; and 403 Lincoln Way (09-02-358-150): The East 60 feet of Lot 3, in Block 49, Fourth Addition to Ames, Iowa; and 407 Lincoln Way (09-02-358-151): Billboard upon Leased Land known as the East 60 feet of Lot 3, in Block 49, Fourth Addition to Ames, Iowa; and 415 Lincoln Way (09-02-358-160): The West 40 feet in width of Lot 3 and all of Lot 4, Block 49, Fourth Addition to Ames, Iowa, excepting therefrom the following described portion to-wit: Beginning at the Northwest Corner of said Lot 4, thence running South along the West line of said lot, a distance of 80 feet, thence East 70 feet, thence North to the North line of said lot, thence Southwesterly along the North line of said lot to the point of beginning; and 419 Lincoln Way (09-02-358-170): The South 125 feet of Lot 5, in Block 49, in Fourth Addition to Ames, Iowa; and 395 116 Clark Avenue (09-02-358-180): Lot 1, Nelson Subdivision, Ames, Iowa; and [Note: As verified by an Affidavit filed January 13, 1966, in the records of the Recorder of Story County, Iowa, in Book 19, Page 213, the “Fourth Addition to the Town of Ames, Iowa” is also known as “Blairs Fourth Addition to Ames, Iowa.”]. (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 bonds 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 396 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 , 2026. _________________________________________________________ John A. Haila, Mayor 397 First Reading: _________________ Second Reading: ______________ Third Reading: ________________ Passed on: ___________________ I, Renee Hall, City Clerk of the City of Ames, Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. ______________, passed by the City Council of said City at the meeting held on ______________________and signed by the Mayor on ___________________________, and published in the Ames Tribune on ___________________________. ________________________________ Renee Hall, City Clerk 398 To:Mayor & City Council From:City Clerk's Office Date:March 24, 2026 Subject:Revisions to Chapters 10, 17, 21, 22, 27 Item No. 53 MEMO The ordinance revising Municipal Code Chapters 10, 17, 21, 22, 27 relating to licenses and permits issued by the Office of the City Clerk is attached for City Council's review and consideration for second reading. ATTACHMENT(S): FINAL DRAFT Ordinance License-Permit Fees.PDF Administration 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 399 ORDINANCE NO. __________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTIONS 10.11, 10.12, 10.14, 10.15, 17.25, 17.26, 21.134, 22.32, 27.5 AND 27.6 THEREOF, FOR THE PURPOSE OF AMENDING REQUIREMENTS FOR LICENSES, PERMITS AND FEES REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa, shall be and the same is hereby amended by amending Sections 10.11, 10.12, 10.14, 10.15, 17.25, 17.26, 21.134, 22.32, 27.5 and 27.6 as follows: “CHAPTER 10 GARBAGE, REFUSE AND RECYCLING * * * Sec. 10.11. LICENSE APPLICATION; APPROVAL REQUIREMENTS. An application for a license to collect or haul garbage, refuse or recycling shall be made to the office of the City Clerk on forms provided by that office. The applicant shall file with the application a certificate or affidavit of insurance as hereinafter set forth and shall pay the required license fee. Upon receipt of application properly executed, the city clerk shall refer the same to the city manager for approval before issuing the license. Sec. 10.12. INSURANCE AFFIDAVIT; CONTENTS; LIABILITY COVERAGE. * * * (3) Applicant shall furnish the City of Ames with certificates of insurance evidencing the following coverages: (a) Comprehensive General Liability with limits of no less than $1,000,000 combined single limits per occurrence for bodily injury, personal injury, and property damage. (b) Automobile Liability with limits of no less than $1,000,000 combined single limits per occurrence for bodily injury, personal injury, and property damage. (c) Worker's Compensation and Employer's Liability as required by the laws of the State of Iowa. (4)(3) A copy of the current insurance certificate shall be maintained on file with the City Clerk. The certificate must be on file in the office of the City Clerk before the license shall be issued. The approved insurance certificate must be on file in the office of the City Clerk before a license will be issued. * * * 400 Sec. 10.14. LICENSE ISSUANCE, EXPIRATION.Upon receipt of the completed application for a license approval from the city manager, the filing of the proper certificates of insurance, and the payment of the license fee, and satisfactory inspection of equipment, the City Clerk shall issue the applicant a license. All licenses shall terminate expire on December 31st thirty-first of the year of issued. The annual license of all applicants licensed under this chapter shall be renewable under completion of the requirements outlined in this section. The City Manager or Manager’s designee may make any renewal subject to additional and revised conditions and requirements. The City Clerk shall maintain the records of licenses issued, denied, or revoked. Sec. 10.15. LICENSE FEE.The license fee shall be established by resolution of the City Council in such amount to cover the costs of administration, enforcement, and inspection under this chapter and listed in Appendix D. The City Manager shall set a reasonable fee per year per truck to cover costs of administration, inspection and enforcement under this chapter. * * * CHAPTER 17 OFFENSES-MISCELLANEOUS * * * Sec. 17.25. DEALERS AND PAWNBROKERS, ITINERANT DEALERS, AND SECONDHAND DEALERS * * * (2)Dealer's Permit. (a)A pawnbroker, secondhand dealer, or itinerant dealer must apply for and obtain a Dealer's Permit annually annual permit prior to being engaged in or conducting business as a dealer. Such permit shall be posted conspicuously in each place of business named therein. (b)Application. An application for a Dealer’s Permit shall be made to the office of the City Clerk on forms provided by that office. To obtain a dealer's permit a dealer shall file a written, sworn application on a form provided by the City Clerk The application shall be signed by the applicant if an individual, by all partners if a partnership, and by the president if a corporation, with the City Clerk showing: * * * (c)Fee Requirement. Every application for a Dealer's annual Permit shall be accompanied by the application fee. The fee for a Dealer's annual Permit shall be in such amount as shall be determined from time to time by resolution of the City Council and listed in Appendix D. in such amount as is set by the City Council. (d)Issuance.Upon receipt of an application for a Dealer's Permit, the City Clerk shall notify the Ames Chief of Police or Chief's designee who shall cause such investigation of the applicant as the Chief deems necessary for the public good and may recommend issuance or refusal of a Dealer's Permit. Within ten (l0) days of the filing of an application, the City Clerk shall issue a Dealer's Permit or refuse to do so for reasons including but not limited to the following: * * * (e)Appeal. If the City Clerk denies an application for a Dealer's Permit, the City Clerk shall mail to the applicant, by certified mail, a written statement of the decision with a brief statement of the reason(s) therefore. An appeal of from the decision of the City Clerk may be made in writing to the City Manager, or Manager's 401 designee, within ten (10) days of the receipt of the decision. The written appeal shall state the specific grounds for the appeal. The City Manager, or Manager's designee, shall hold a hearing within a reasonable time from the receipt of the appeal. At the hearing, the applicant or permit holder may be represented by counsel, may cross- examine witnesses and may present evidence in their his or her favor. The City Manager, or Manager's designee, may grant or deny the appeal. That decision shall be final. (f)Expiration. A Dealer's Permit shall expire on December 31st of the year in which it is issued. If a dealer's business is discontinued, moved, or sold within one (1) year after issuance, the Dealer's Permit expires and a new permit must be obtained before the dealer's business is recommenced. The Dealer's annual Permit is a personal privilege and shall not be transferable, nor shall there be a partial refund of the application fee where the permit holder discontinues his their business prior to December 31st of the year in which the permit was issued. * * * (h)Itinerant dealers must register with the City of Ames Police Department before engaging in or conducting business each time that such dealer is in the City of Ames to conduct business. Sec. 17.26. PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS. * * * (4) For the purpose of registration each person as aforesaid shall provide to the City Clerk, or Clerk's designee, the following: (a)Their name, address, and date of birth, social security number, height, weight, hair and eye color, and phone number, and if they do not have a permanent residence in this city, the residence and phone number where they reside permanently. * * * (f)Name, address and phone number of the supplier of the product. (f) (g) Proof of the state sales tax permit or exemption from state and federal taxing authorities. (g) (h) If employed by or working in association with a corporation, the state of its incorporation, whether it is authorized to do business in Iowa, and evidence that the corporation has designated a resident agent within 50 miles of the City upon whom legal service may be made and that the corporation will be responsible for the acts of its employees and or associates in the City; and that the corporation is covered by the insurance specified in item 14, below. (h)(i) A statement as to whether or not applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance other than a traffic violation, the nature of the offense and the penalty imposed. (j)The last municipalities, not exceeding three, where applicant carried on activities for which registration is sought immediately preceding the date of application and the addresses from which such business was conducted in those cities. * * * (7) The identification badge shall be of a distinctive logo and design to show clearly that it has been issued by the City of Ames and shall incorporate a current 402 photograph of the registrant taken at the Clerk's office or where the Clerk directs, at the time of registration. * * * CHAPTER 21 SIGNS * * * Sec. 21.134. TEMPORARY PORTABLE SIGNS ON PUBLIC SIDEWALKS IN DSC AND CSC PERMITTED. * * * (13) A permit issued under this subsection shall be revoked by the City if the proprietor holding the permit does any of the following: (a)Fails to maintain a valid license or permit covering the establishment adjacent to which the sign is located; (b)Fails to remove the sign from the public right of way by the time required in this subsection; (c)Fails to pay the fee for issuance or renewal of the permit; (d)Fails to maintain proof of insurance with the indemnification requirements set forth in subparagraph 15 of this subsection on file with the City Clerk; (e)(d)Fails to operate in strict compliance with all of the provisions of this subsection, of all other City ordinances, and of state law; or (f)(e)Creates or allows the existence of a safety hazard in connection with the placement of the sign. * * * CHAPTER 22 STREETS AND SIDEWALKS * * * DIVISION VII SIDEWALK CAFÉ PERMITS * * * Sec. 22.32 SIDEWALK CAFÉ PERMITS. (o) Application, Term and Renewal.A Sidewalk Cafe Permit shall be approved by the City Manager for a maximum period of one year. Thereafter, the City Manager, if an extension application is filed prior to any expiration date of the Sidewalk Cafe Permit, may extend the permit for additional periods, not to exceed one year each, following review and approval of the cafe's operations. An application for a permit to operate a Sidewalk Café’ shall be made to the office of the City Clerk on forms provided by that office. The applicant shall file with the application a certificate or affidavit of insurance hereinafter set forth and shall pay the required permit fee. Upon receipt of the aforementioned filings, the City Clerk shall issue the applicant a permit. All permits shall terminate on October 31st of the year issued. The annual permit of all Sidewalk Cafés permitted under this chapter shall be renewable under completion of the requirements outlined in this section. The City Manager or Manager designee may make any renewal of a Sidewalk Café Permit subject to additional and revised conditions and requirements. Any renewal granted by the City Manager shall not exceed a period of one year. All applications shall be filed with the City Clerk, who shall refer them to the City Manager. The City Clerk shall maintain the records of permits issued, denied, or revoked. * * * 403 (r) Insurance.An insurance certificate naming the City of Ames, its officers, and employees as an additional insured with comprehensive general liability limits in the amount of $500,000 combined single limit shall be in full force and effect during the life of a Sidewalk Cafe Permit. The coverage shall be at least as broad as the ISO Form Number CG0001 covering commercial general liability written on an occurrence basis only. A copy of the current insurance certificate shall be maintained on file with the City Clerk. The certificate must be on file in the office of the City Clerk before the license shall be issued. * * * CHAPTER 27 TREES AND SHRUBS * * * Sec. 27.5 TREE SURGEON LICENSE REQUIREMENTS. (1) No person shall solicit or engage in the work of felling trees or trimming trees where there is a risk of limbs, branches or any other portion of the tree falling into the public right of way without first obtaining a Tree Surgeon's License from the City Clerk. and paying the license fee in such amount as shall be established for all such licenses by resolution of the City Council to cover costs of administration. A property owner may trim or fell trees on his or her their own property without a Tree Surgeon License except where there is risk of limbs, branches or any other portion of the tree falling or coming in contact with electric utility lines. (2) However, a property owner may trim or fell trees on his or her own property without a license except where there is risk of limbs, branches or any other portion of the tree falling or coming in contact with electric utility lines. An Application for a Tree Surgeon’s License shall be made to the office of the City Clerk on forms provided by that office. The applicant shall file with the application a certificate or affidavit of insurance hereinafter set forth and shall pay the required license fee. Upon receipt of the aforementioned filings, the City Clerk shall issue the applicant with a license. (3) All licenses shall terminate on June 30th of the fiscal year issued. The annual license of all Tree Surgeon’s licensed under this chapter shall be renewable under completion of the requirements outlined in this section. The City Manager or Manager designee may make any renewal subject to additional and revised conditions and requirements. The City Clerk shall maintain the records of licenses issued, denied, or revoked. Sec. 27.6 INSURANCE REQUIRED. * * * (1)An insurance certificate naming the City of Ames, its officers, and employees as an additional insured with comprehensive general liability limits in the amount of $500,000 combined single limit shall be in full force and effect during the life of the Tree Surgeon License. The coverage shall be at least as broad as the ISO Form Number CG0001 covering commercial general liability written on an occurrence basis only. A copy of the current insurance certificate shall be maintained on file with the City Clerk. (2) Automobile Liability with limits of no less than $500,000 combined single limits per occurrence for bodily injury, personal injury and property damage. 404 (3) A copy of the current insurance certificate shall be maintained on file with the City Clerk. The certificate must be on file in the office of the City Clerk before the license shall be issued. * * * ” Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out by law. Section Three. All ordinances, or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , 2026. ____________________________________________________________ John A. Haila, Mayor First Reading: _________________ Second Reading: ______________ Third Reading: ________________ Passed on: ___________________ I, Renee Hall, City Clerk of the City of Ames, Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. ______________, passed by the City Council of said City at the meeting held on ______________________and signed by the Mayor on ___________________________, and published in the Ames Tribune on ___________________________. ________________________________ Renee Hall, City Clerk 405 To:Mayor & City Council From:John Dunn, Director of Water & Pollution Control Date:March 24, 2026 Subject:Water Meter setting requirements Item No. 54 MEMO The ordinance revising Municipal Code Chapter 28 for Water Meter setting requirements is attached for City Council's review and consideration for third reading and adoption. ATTACHMENT(S): Ordinance Section 28.209(2) New Water Meters.PDF Water & Pollution Control 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 406 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 28.209(1) THEREOF, FOR THE PURPOSE OF AMENDING STANDARD WIRING AND INSTALLATION REQUIREMENTS FOR TRANSISTION TO NEW WATER METER DEVICES REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by amending Section 28.209(1) as follows: “Sec. 28.209. RADIO READ DEVICE (1) New meter installations. All new water meter installations shall have a radio read device. Any residential dwelling units located within the City of Ames municipal electric service territory may have the radio read device located inside the dwelling. All commercial buildings, located within the City of Ames municipal electric service territory, and any residential or commercial buildings located outside of the City of Ames municipal electric utility territory, shall install, For each meter, a 22/3 gauge, stranded, shielded wire with plastic sheath shall be installed from the water meter on the inside of the building to within three feet of the electric meter on the outside of the building. Meters located in meter pits or vaults shall have the radio read device located inside the pit or vault or located in a pedestal near the meter pit or vault. If the electric meter is located on a transformer, or other remote location, the wiring for the radio read device shall terminate on the side of the building nearest the transformer or remote location. A minimum of three feet of excess wire shall be left at each end to allow connection to the water meter and installation of the radio read device. Any portion of the wire that will not be exposed (i.e., installed behind finished walls, above finished ceilings, etc.) shall be placed in conduit to protect the wire from damage and to facilitate replacement if necessary. The City will provide and install the radio read device and connect it to the customer-installed wire. * * * .” 407 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 , 2026. __________________________________________________________ John A. Haila, Mayor First Reading:__________________ Second Reading:_______________ Third Reading:_________________ Passed on: I, Renee Hall, City Clerk of the City of Ames, Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. ______________, passed by the City Council of said City at the meeting held on ______________________and signed by the Mayor on ___________________________, and published in the Ames Tribune on ___________________________. _______________________________ Renee Hall, City Clerk 408