Newton City Council. 6:00 pm Newton, Iowa Pledge of Allegiance

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1 Agenda: Newton City Council Regular Meeting City Hall December 1, West 4 th Street South 6:00 pm Newton, Iowa Pledge Call to Order Pledge of Allegiance Roll Call Citizen Participation 1. This is the time of the meeting that a citizen may address the Council on matters that are included in the consent agenda or a matter that is not on the regular agenda. Except in cases of legal emergency, the City Council cannot take formal action at the meeting, but may ask the City staff to research the matter or have the matter placed on a subsequent agenda. Consent Agenda 2. November 17, 2014 Regular City Council Meeting Minutes 3. Resolution approving reimbursement requests for prohibited sanitary sewer discharge removal work. (Council Report ) 4. Resolution Fixing the Amounts to be Assessed Against Individual Private Property for the Abatement of Nuisance Violations (14-16). (Council Report ) 5. Resolution Levying Assessments for Costs of Nuisance Abatement and Providing for the Payment Thereof (14-15). (Council Report ) 6. Resolution for Telecommunications Licensing Agreement with Iowa Network Services. (Council Report ) 7. Approval of Bills Resolutions 8. Resolution adopting the City Of Newton Records Retention Schedule. (Council Report ) The City Clerk s Office is working to develop methods of controlling the abundance of records that are created and received in the conduct of City business. The schedule is used to determine the length of time records need to be retained for audit, legal, administrative and historical use. Staff recommends approval of the Resolution 9. Resolution awarding bid for a public outdoor emergency warning siren. (Council Report ) The City owns thirteen (13) outdoor emergency warning sirens that are interspersed throughout the City. The warning siren located at East 7th Street North and North 4th Avenue East is no longer functioning. Staff recommends replacing the nonfunctioning unit with a new 130 decibel rotating unit from DANCO Emergency Services of Snyder, Nebraska for $20,097 be paid from the 2014 Ending Fund Balance.

2 10. Resolution authorizing an Agreement for engineering services for a snow removal equipment building at the Newton Municipal Airport. (Council Report ) The Federal Aviation Administration (FAA) has approved a grant for the design and construction of buildings used for the storage of snow removal equipment. The grant allows for a $280,000 project with a City contribution of $28,000. City Staff recommends entering into an agreement with Clapsaddle-Garber Associates, Inc. of Marshalltown, Iowa for design services related to the construction of a snow removal equipment storage building. 11. Resolution authorizing the 2015 Park Fee Schedule. (Council Report ) The goal of Staff is to analyze Park fees during the fall at least every 2 years. Rate adjustments are effective January 1st so the revenues are available for next season. The proposed fee changes were discussed and approved at the November 19, 2014 Park Board meeting. City Staff recommends adoption of the Resolution. 12. Resolution approving the installation of a single temporary directional sign as official City signage for the Fountain Hills Subdivision within the north right-of-way for South 12th Avenue West located in the 1900 Block. (Council Report ) The City has been approached about installing a temporary 4 foot by 4 foot sign directing visitors to the Fountain Hills Subdivision. The sign costs would be covered by the realtor handling the marketing of the homes in subdivision. Staff recommends approval of the resolution approving the installation of temporary directional signage for the Fountain Hills Subdivision. 13. Resolution approving the purchase of real estate at 221 East 4th Street South for the D&D Program. (Council Report ) The City has the opportunity to move forward with neighborhood improvements under the D&D Program with the purchase of 221 East 4th Street South that has a low-conditioned building. Staff recommends approval of the purchase agreement for the Franklin C. George property at 221 E 4th ST S, Newton for $6, Resolution approving the purchase of real estate at 1124 South 5th Avenue East for the D&D Program. (Council Report ) The City has the opportunity to move forward with neighborhood improvements under the D&D Program with the purchase of 1124 South 5th Avenue East that has a low-conditioned building.

3 Staff recommends approval of the purchase agreement for the Nationwide Advantage Mortgage Company property at 1124 S 5th Avenue E, Newton for $5,000. Discussion 15. Newton Enterprises Apartment Project Bryan Friedman New Business 16. Old Business 17. Adjourn The City of Newton is pleased to provide reasonable accommodations, in compliance with the Americans with Disabilities Act, for those individuals or groups who require assistance to be able to participate in the public meeting. Should special accommodations be required, please contact the City Clerk s Office at least 48 hours in advance of the meeting, at to arrange for accommodations to be provided.

4 REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 17, 2014, 6:00 P.M. CITY COUNCIL CHAMBERS The City Council of Newton, Iowa met in regular session at 6:00 P.M. on the above date in the Council Chambers at 101 West 4 th Street South. Mayor Hansen presided. Present Council Members: Price, George, Chape, Trotter, Mullan. Absent: Otto Mayor Hansen asked everyone present to join in saying the Pledge of Allegiance. There was no citizen participation. Moved by Trotter, seconded by Chape, to approve consent agenda items November 3, 2014 Regular City Council Meeting Minutes. 3. Approve Liquor License, Class B Wine Permit, Class C Beer Permit (Carryout Beer), Class E Liquor License, and Sunday Sales, Hy-Vee Food Store #1, 1501 First Avenue East; Class C Liquor License, Outdoor Service, and Sunday Sales, Sombrero, 1130 First Avenue East. 4. Resolution authorizing Urban Renewal Area activities to be certified and decertified as TIF indebtedness Resolution No adopted. 5. Resolution Fixing the Amounts to be Assessed Against Individual Private Property for the Abatement of Nuisance Violations (14-15). Resolution No adopted. 6. Resolution Levying Assessments for Costs of Nuisance Abatement and Providing for the Payment Thereof (14-14). Resolution No adopted. 7. Resolution accepting completion of the Demolition Project Resolution No adopted. 8. Resolution approving an amended Telecommunications Licensing Agreement with Iowa Network Services Resolution No adopted. 9. Approval of Annual Urban Renewal Report. 10. Approval of Bills AYES: Five. NAYS: None. Consent agenda items approved. The third consideration on an Ordinance Approving an Electric Franchise Agreement, Inclusive of a Franchise Fee, for the City of Newton, Iowa, failed due to lack of a motion. The third consideration on an Ordinance Approving a Natural Gas Franchise Agreement, Inclusive of a Franchise Fee, for the City of Newton, Iowa, failed due to lack of a motion. Moved by Chape, seconded by Mullan, to approve the first consideration on an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2011, Title 2, Chapter 11, Article 10, Parking Offenses, by adding Section , No Parking, North Thirty-Third Avenue East. AYES: Five. NAYS: None. The first consideration of the above ordinance was approved. Moved by George, seconded by Chape, to waive the second and third considerations. AYES: Five. NAYS: None. Motion approved. Moved by Chape, seconded by Mullan to adopt the above ordinance. AYES: Five. NAYS: None. Ordinance 2241 adopted. Moved by Trotter, seconded by Price to Introduce a Resolution Claiming Less than the Maximum Allowable Revenue from the North Central, East-Mart, Plant Two, and Southwest Newton Tax Increment Finance Districts for Fiscal Year AYES: Five. NAYS: None. Resolution No adopted. Moved by Price, seconded by Trotter to Introduce a Resolution Approving Property Tax Rebates for Iowa Speedway LLC on Property Located Within the Speedway- Prairie Fire Urban Renewal Economic Development Area. AYES: Five. NAYS: None. Resolution No adopted. Moved by Price, seconded by Chape to Introduce a Resolution Adopting Newton Housing Initiative Incentive Programs for Bryan Friedman, Director of Finance & Development, indicated that in working with builders it was determined that these changes were necessary in order to help attract builders and jump start the Housing Initiative in such a competitive market. AYES: Five. NAYS: None. Resolution No adopted. Moved by Chape, seconded by Mullan to Introduce a Resolution approving the purchase of real estate at 1608 First Avenue West for the D&D Program. AYES: Five. NAYS: None. Resolution No adopted. Moved by Trotter, seconded by George to Introduce a Resolution approving to enter into an agreement for professional services for the demolition of the former Waterworks garage building

5 located at 216 N 3rd Avenue W. and Newton Seed Store building located at 224 N 3rd Avenue W. AYES: Five. NAYS: None. Resolution No adopted. Keith Laube, Public Works Director updated council on the status of projects from the Public Works Department. Natalie Umsted, Management Analysis, provided council with information from the Financial Trends Analysis Report. There was no new business. During old business, Price indicated that he did not motion for the Franchise Fee due to the effect on the County and School, the burden to businesses, and economic development. Council and Mayor Hansen agreed while confirming their continued commitment to moving forward with the task of funding for the streets. Moved by Chape, seconded by Price, to adjourn the meeting at 6:59 P.M. unanimously carried by voice vote. Motion Katrina Davis CMC, City Clerk Michael L. Hansen, Mayor

6 City of Newton Council Report Item: Resolution approving reimbursement requests for prohibited sanitary sewer discharge removal work. Summary: Approval of reimbursement request for I & I work at 3 properties. Financial Impact: $8, from the I & I Program budget. Report Number: Date: December 1, 2014 Lead Department: Public Works Recommendation: Approve Background: City Council adopted Ordinance effective August 1, 2011, that implemented a program to remove prohibited sanitary sewer discharges. The ordinance was amended several times, most recently on April 7, The goal of the program is to reduce infiltration/inflow (I & I) of groundwater and rainwater into the sanitary system. Included in the Prohibited Discharge Ordinance is a mechanism for financial assistance or reimbursement to sanitary sewer customers for the completion of directed improvements up to $3,000.00, CPI-U adjusted to $3, for work performed after July 1, Financial assistance or reimbursement requests must be presented to City Council for review and action if the cost exceeds $1, The most-recent ordinance amendment on April 7, 2014 changed the dates of eligible reimbursement for qualified work without the need for pre-work inspection or the property owner submitting quotes from contractors. The prior language in the ordinance allowed for work performed from April 1, 2009 to August 1, 2011 to be eligible for financial assistance. The recent amendment to the ordinance extends the August 1, 2011 date to April 7, The City has received financial assistance requests from the following property owners: Reimbursement Requests for work between April 1, 2009 and April 7, 2014: a. Tom & LuAnn Hill 207 E 19 th St N (Out-of-Established District): In May 2013 the property owner hired Jeff Seals Construction of Newton, Iowa to install a sump pump and approximately 80 feet of interior drain tile around the basement s perimeter walls at a cost of $2,

7 At the property owner s request, the City completed an initial I & I Property Survey on October 14, 2014 and verified the property is in compliance. During this inspection the property owner stated that prior to May 2013 this house, built in 1959, had an older sump pump and drain tile along a portion of the basement. Water would enter through cracks in the floor and at the base of the untiled basement walls during large rain events, and then flow to the floor drain. This was why the property owner hired the contractor to complete the above noted improvements. The property owner has submitted a reimbursement application for $2, Because this work was done in May 2013, the maximum allowable reimbursement for this property is $3, Costs of the reimbursable items are comparable to recently approved quotes for similar improvements at other properties. b. Gregory & LuAnn Lucas 619 E 18 th St N (Out-of-Established District): In August 2013 the property owner hired Iowa Basement Professionals of Des Moines, Iowa to install 118 feet of interior drain tile around the basement s perimeter walls at a cost of $3, At the property owner s request, the City completed an initial I & I Property Survey on October 14, 2014 and verified the property is in compliance. During this inspection the property owner stated that prior to August 2013 this house, built in 1968, had a sump pump but no drain tile. Water would enter through cracks in the floor and at the base of the basement walls during large rain events, and then flow to the floor drain. This was why the property owner hired the contractor to complete the above noted improvements. The property owner has submitted a reimbursement application for $3, Because this work was done in August 2013, the maximum allowable reimbursement for this property is $3, Costs of the reimbursable items are comparable to recently approved quotes for similar improvements at other properties. c. Linda & Alan Neubauer 503 E 16 th St N (Out-of-Established District): In August 2013 the property owner hired Jeff Seals Construction of Newton, Iowa to install a sump pump and pit and approximately 56 feet of interior drain tile along a portion of the basement s perimeter walls at a cost of $2, At the property owner s request, the City completed an initial I & I Property Survey on October 20, 2014 and verified the property is in compliance. During this inspection the property owner stated that prior to August 2013 this house, built in 1971, had one sump pump but no drain tile. Water would enter through the base of the basement walls during large rain events, and then flow to the floor drain. This was why the property owner hired the contractor to complete the above noted improvements. The property owner has submitted a reimbursement application for $2, Because this work was done in August 2013, the maximum allowable reimbursement for this

8 property is $3, Costs of the reimbursable items are comparable to recently approved quotes for similar improvements at other properties. Recommendation: Staff recommends approval of the resolution to authorize the following payments for work performed that reduces the flow of rainwater and groundwater to the sanitary sewer system: a. Tom & LuAnn Hill 207 E 19 th St N $2, b. Gregory & LuAnn Lucas 619 E 18 th St N $3, c. Linda & Alan Neubauer 503 E 16 th St N $2, Robert L. Knabel City Administrator Attachments

9 RESOLUTION NO RESOLUTION APPROVING REIMBURSEMENT REQUESTS FOR PROHIBITED SANITARY SEWER DISCHARGE REMOVAL WORK WHEREAS, the City of Newton adopted an ordinance prohibiting certain sanitary sewer discharge practices that became effective August 1, 2011; and WHEREAS, said ordinance has been amended several times, most recently on April 7, 2014; and WHEREAS, said most-recent revision expanded the dates for property owners to seek reimbursement for qualified work between April 1, 2009 and April 7, 2014; and WHEREAS, included in that prohibited discharge ordinance is a mechanism for financial assistance, up to a maximum amount, to private property owners; and WHEREAS, assistance requests in excess of $1, must come to City Council for review and action, accompanied with appropriate detailed supporting documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newton, Iowa, that the City of Newton Public Works Director is authorized to make payment to the following property owners in the amounts shown for work to eliminate prohibited sanitary sewer discharges: Tom & LuAnn Hill 207 E 19 th St N $2, Gregory & LuAnn Lucas 619 E 18 th St N $3, Linda & Alan Neubauer 503 E 16 th St N $2, PASSED this day of December APPROVED this day of December ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

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16 City of Newton Council Report Item: Resolution Fixing the Amounts to be Assessed Against Individual Private Property for the Abatement of Nuisance Violations (14-16) Summary: The City of Newton abated some nuisances, such as tall grass/weeds. These costs remain unpaid by the property owners and should be assessed to the property taxes. Financial Impact: Cost Recovery- total $3, Report Number: Date: December 1, 2014 Lead Department: Planning & Zoning Recommendation: Approval Background: The City has continued a proactive approach to the identification of nuisances. The City abated violations that remain non-compliant after the initial warning period. Below is the listing of the property owner, address, and abatement costs for those that the City has abated: Parcel Number Total Amount Assessed Deed/Contract Holder Address Michael & Lindsy Galanakis N. 13th Ave. W. $ Laura Johnson W. 16th St. N. $ Thomas Karsten E. 15th St. N. $ David & Judy Shedlock S. 5th Ave. W. $ Ashley Brant W. 5th St. S. $ Cindy Thomas W. 5th St. S. $ Michael & Erik Miller E. 12th St. S. $ Kristopher Waddle S. 4th Ave. W. $ Wells Fargo Bank S. 4th Ave. W. $ Matthew & Sara Koon W. 5th St. S. $ Robin Ann Maddison W. 2nd St. S. $ Scott Leff Roth 401K Trust E. 21st St. Pl. S. $ Half Moon Holdings LC A 1st Ave. E. $ Allen Cupples Jr E. 7th St. S. $ Virginia Lester E. 6th St. S. $421.14

17 Recommendation: Staff recommends approval of the resolution fixing the amounts to be assessed found in Schedule against individual private property for the abatement of nuisance violations. Robert L. Knabel City Administrator Attachments

18 RESOLUTION NO RESOLUTION FIXING THE AMOUNTS TO BE ASSESSED AGAINST INDIVIDUAL PRIVATE PROPERTY FOR THE ABATEMENT OF NUISANCE VIOLATIONS (14-16) WHEREAS, the City of Newton has abated nuisance violations at the addresses as found in Schedule (No ): Assessment for the Expenses for Nuisance Abatement; and WHEREAS, the City of Newton has maintained a report of the abatement costs for each individual property as found in Schedule (No ): Assessment for the Expenses for Nuisance Abatement; and WHEREAS, the expenses have been billed to the property owners and remain unpaid; NOW THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa, that the Schedule (No ): Assessment for the Expenses for Nuisance Abatement is approved. NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council of Newton, Iowa, that the City Clerk is hereby directed to prepare, sign, and file in the clerk s office the Schedule (No ): Assessment for the Expenses for Nuisance Abatement. PASSED this day of December, 2014 APPROVED this day of December, 2014 (SEAL) Michael L. Hansen, Mayor ATTEST: Katrina Davis, City Clerk

19 Schedule (No ): Assessment for the Expenses for Nuisance Abatement Deed/Contract Holder Parcel Number Address City Net Assessed Property Value 2014 Abatement Fee Administrative Fee Total Amount Assessed Legal Date Abated Michael & Lindsy Galanakis N. 13th Ave. W. Newton $76,300 $ $50.00 $ HAMMER & BOYD'S SD LOT D October 23, 2014 Laura Johnson W. 16th St. N. Newton $98,820 $ $50.00 $ HILLCREST PLACE LOT 17 BLK B September 26, 2014 Thomas Karsten E. 15th St. N. Newton $49,130 $ $50.00 $ FAIRVIEW SD LOT 8 BLK A September 26, 2014 David & Judy Shedlock S. 5th Ave. W. Newton $83,750 $ $50.00 $ E M CALDWELL'S ADD LOT 4 BLK 1 October 28, 2014 Ashley Brant W. 5th St. S. Newton $80,400 $ $50.00 $ WEST NEWTON LOT P SD LOTS October 7, 2014 Cindy Thomas W. 5th St. S. Newton $72,840 $ $50.00 $ WEST NEWTON LOT A SD LOTS October 7, 2014 Michael & Erik Miller E. 12th St. S. Newton $71,940 $ $50.00 $ SCHARF'S SD LOT E October 7, 2014 Kristopher Waddle S. 4th Ave. W. Newton $73,860 $ $50.00 $ WEST NEWTON LOT 2 SD LOT 80 EX N 71' October 7, 2014 Wells Fargo Bank S. 4th Ave. W. Newton $51,780 $ $50.00 $ WEST NEWTON LOT O & E 38' LOT Q SD LOT 81 & 83 October 17, 2014 Matthew & Sara Koon W. 5th St. S. Newton $60,030 $ $50.00 $ COLLEGE ADD LOT 3 BLK 4 October 22, 2014 Robin Ann Maddison W. 2nd St. S. Newton $104,930 $ $50.00 $ STONE'S ADD LOT E October 23, 2014 Scott Leff Roth 401K Trust E. 21st St. Pl. S. Newton $66,050 $ $50.00 $ AURORA HEIGHTS SD LOT 11 BLK M October 17, 2014 Half Moon Holdings LC A 1st Ave. E. Newton $49,720 $ $50.00 $ MEEK'S SD LOT 8 EX S 85' OF W 131.5' & EX N 60' OF W 50' September 21, 2014 Allen Cupples Jr E. 7th St. S. Newton $54,340 $ $50.00 $ LISTER'S ACRES LOTS 31 & 34 October 23, 2014 Virginia Lester E. 6th St. S. Newton $39,410 $ $50.00 $ LISTER'S ACRES LOT 35 October 24, 2014 $3,702.30

20 City of Newton Council Report Item: Resolution Levying Assessments for Costs of Nuisance Abatement and Providing for the Payment Thereof (14-15) Summary: The approval of this resolution sets the amounts and directs the clerk to file the Amended Schedule of Assessment No with the Jasper County Treasurer for City reimbursement of assessment costs. Financial Impact: Cost Recovery: total $1, Report Number: Date: December 1, 2014 Lead Department: Planning & Zoning Recommendation: Approval Background: At the last meeting, the City Council approved a Schedule of Assessment for the Expenses of Nuisance Abatement. The Property Owners, Addresses, and Amounts to be assessed are summarized in the table below. Parcel Number Total Amount Assessed Deed/Contract Holder Address Lindsy Maxwell E. 10th St. S. $ James & Linda Sears W. 10th St. N. $ Holly Youngquist W. 11th St. S. $ Nathan Krier N. 8th Ave. E. $ Lance Bertrand S. 8th Ave. W. $ Secretary of Veterans Affairs S. 4th Ave. E. $ Connie & Estelle Cupples E. 9th St. N. $ Half Moon Holdings LC A 1st Ave. E. $ Joel Kaldenberg S. 9th Ave. E. $ Recommendation: Staff recommends approval of the resolution levying assessments for costs of nuisance abatement and providing for the payment thereof. Robert L. Knabel City Administrator Attachments

21 RESOLUTION NO RESOLUTION LEVYING ASSESSMENTS FOR COSTS OF NUISANCE ABATEMENT AND PROVIDING FOR THE PAYMENT THEREOF (14-15) WHEREAS, pursuant to its powers and duties as set out in Chapter 364, Code of Iowa, the City of Newton, after the property owner s failure upon being given notice and opportunity to cure, has performed the required action to abate the public nuisance and now seeks, as provided in , Code of Iowa, to assess the costs of such action against each of the properties set out on the attached Schedule No for collection in the same manner as the property tax. NOW THEREFORE, BE IT RESOLVED BY THIS CITY COUNCIL OF THE CITY OF NEWTON, IOWA: That the attached Schedule No , is hereby approved and adopted with the amounts shown thereon assessed and levied against each property for the collection in the same manner as a property tax. BE IT FURTHER RESOLVED: That said assessments shall be payable in 1 annual installment and shall bear interest at the rate of 3.88 percent per annum, from the date of the acceptance of this assessment schedule; the one installment of each assessment with interest on the whole assessment from date of acceptance of this schedule by the Council shall become due and payable on January 1, 2015, and shall be paid at the same time and in the same manner as the September semiannual payment of ordinary taxes. Said assessment shall be payable at the office of the County Treasurer of Jasper County, Iowa, in full and without interest within thirty days after first date of publication of the Notice to Property Owners of filing the schedule of assessments. BE IT FURTHER RESOLVED, that the Clerk be and is hereby directed to certify said schedule to the County Treasurer of Jasper County, Iowa and to publish notice of said certification once each week for two consecutive weeks in the Newton Daily News, a newspaper printed wholly in the English language, published in Newton, Iowa, and of general circulation in Newton, Iowa, the first publication of said notice to be made within fifteen days from the date of the filing of said schedule with the County Treasurer, the City shall send by regular mail to all property owners whose property is subject to assessment a copy of said notice, said mailing to be on or before the date of the second publication of the notice all as provided and directed by Code Section , Code of Iowa. PASSED this day of December, 2014 APPROVED this day of December 2014 (SEAL) Michael L. Hansen, Mayor ATTEST: Katrina Davis, City Clerk

22 Schedule (No ): Assessment for the Expenses for Nuisance Abatement Deed/Contract Holder Parcel Number Address City Net Assessed Property Value 2014 Abatement Fee Administrative Fee Total Amount Assessed Legal Date Abated Lindsy Maxwell E. 10th St. S. Newton $69,530 $75.00 $50.00 $ ENGLE'S SD E 132' LOT 24 October 9, 2014 James & Linda Sears W. 10th St. N. Newton $52,900 $ $50.00 $ EXLINE'S ADD LOT 5 & S 16' LOT 2 BLK 4 October 2, 2014 Holly Youngquist W. 11th St. S. Newton $65,500 $50.00 $50.00 $ MILLER'S ADD LOTS 29 & 48 September 26, 2014 Nathan Krier N. 8th Ave. E. Newton $73,080 $50.00 $50.00 $ LAMB & KENNEDY'S ADD LOT B & E 16' LOT C BLK 1 October 15, 2014 Lance Bertrand S. 8th Ave. W. Newton $87,830 $60.57 $50.00 $ COLLEGE ADD E 1/2 LOT 5 & N 8' OF E 1/2 LOT 6 BLK 11 October 15, 2014 Secretary of Veterans Affairs S. 4th Ave. E. Newton $65,710 $50.00 $50.00 $ SOUTH EAST ADD LOT 9 BLK C October 6, 2014 Connie & Estelle Cupples E. 9th St. N. Newton $11,670 $50.00 $50.00 $ EDMUNDSON'S ADD LOT 5 BLK 4 October 15, 2014 Half Moon Holdings LC A 1st Ave. E. Newton $49,720 $ $50.00 $ MEEK'S SD LOT 8 EX S 85' OF W 131.5' & EX N 60' OF W 50' October 1, 2014 Joel Kaldenberg S. 9th Ave. E. Newton $84,590 $50.00 $50.00 $ STEVEN'S PLACE LOT 16 EX N 105' October 6, 2014 $1,335.57

23 City of Newton Council Report Item: Resolution for Telecommunications Licensing Agreement with Iowa Network Services Summary: Approval of a license Agreement with Iowa Network Services to utilize public right-of-way for the installation, operation, and maintenance of a fiber optic network. Financial Impact: none Report Number: Date: December 1, 2014 Lead Department: Public Works Recommendation: Approve BACKGROUND Iowa Network Services (INS) of West Des Moines, Iowa is proposing an extension of their existing telecommunications system in Newton. The proposed improvements would begin at existing INS facilities at the intersection of W 4 th St N and N 4 th Ave W, run north along the east side of W 4 th St N to N 7 th Ave W, then run west along the south side of N 7 th Ave W to Union Drive, then run south along the east side of Union Drive to N 4 th Ave W, then run west along the south side of N 4 th Ave W to the termination point at an existing INS junction box on the west side of State Highway 14. The route includes 6,709 LF which is in the City right-of-way. Based on the rates City Council established in Resolution No passed on April 16, 2012, the licensing fee for the portion of this line in City of Newton right-of-way is $6, This line would complete a secondary feed, or loop, for INS s fiber network to serve Newton customers. The Public Works Department has reviewed the route of the proposed improvements and will be working with the installation contractor to eliminate conflicts with existing utilities and other possible future improvements. The proposed route submitted by Iowa Network Services minimizes surface disturbances by utilizing directional boring methods under most areas. All construction work and surface restoration proposed on this project will be subject to this agreement, along with a separate right-of-way excavation permit issued by the Public Works Department. This agreement will apply to only those portions of the proposed improvements located in City right-ofway. The installation contractor will be required to obtain the required permits from the Iowa DOT for the proposed installation beneath State Highway 14, as well as the required permits to install the line beneath the Iowa Interstate Railroad right-of-way. RECOMMENDATION City staff recommends approval of the telecommunications licensing agreement with Iowa Network Services of West Des Moines, Iowa. Robert L. Knabel City Administrator Attachments

24 RESOLUTION NO RESOLUTION APPROVING TELECOMMUNICATIONS LICENSING AGREEMENT WITH IOWA NETWORK SERVICES WHEREAS, Iowa Network Services of West Des Moines, Iowa has requested the use of City owned right-of-way for the construction and maintenance of a telecommunications system; and WHEREAS, said telecommunications system would be an extension of an existing communications system; and WHEREAS, said telecommunications system extension would begin at the intersection of W 4 th St N / N 4 th Ave W and run north along W 4 th St N to N 7 th Ave W, then run west along N 7 th Ave W to Union Dr., then run south along Union Dr. to N 4 th Ave W, and then run west along N 4 th Ave W to State Highway 14; and WHEREAS, the proposed route of said telecommunications system passes through a total of 6,709 LF of City of Newton right-of-way; and WHEREAS, the City of Newton has prepared a licensing agreement for the construction and maintenance of said telecommunications system based on that portion of said telecommunications system inside the City right-of-way. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Newton, Iowa, that the City hereby authorizes the Mayor and City Clerk to execute the attached Licensing Agreement with Iowa Network Services of West Des Moines, Iowa. PASSED this day of December APPROVED this day of December Michael L. Hansen, Mayor ATTEST: Katrina Davis, City Clerk

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37 City of Newton Disbursements December 2, 2014 Vendor Department Description Amount Alliant Energy All Utility $ 3, American Library Association Library Supplies $ Animal Rescue League Animal Control Service $ 3, Arrow Pest Control LLC Water Pollution Control Service $ Audio Editions Library Books $ Baker & Taylor Library DVDs $ 2, Bituminmous Materials & Supply Street Supplies $ 2, Black Hills Energy Cemetery Utility $ Bolton & Menk Inc East Mart TIF Capital Service $ 3, Book Farm Inc Library Books $ Bound Tree Medical LLC Fire Supplies $ Brick Gentry P.C. Legal Services Service $ 4, Cappy's Tire & Auto Service Golf Service $ Carl's Window Service Library Service $ Carpenter Uniform Police Clothing $ CCP Industries Water Pollution Control Supplies $ Cengage Learning Library Books $ Colonial Research Water Pollution Control Supplies $ Computer Resource Specialists Administration Service $ 1, Controlled Access of the Midwest LLC Airport Service $ 1, Cosugi Library Dues $ Darrell's Electric City Center Service $ 1, DC Sports Fire Service $ Demco Library Supplies $ Diamond Products Co Parks Supplies $ DJ Gongol & Associates Inc Water Pollution Control Supplies $ 4, DMACC Finance Training $ Dodd Trash Hauling & Recycling Solid Waste Service $ 47, Dorf, Adam SSMID District Service $ Electronic Engineering Police Equipment $ 1, Fareway Public Works Administration Supplies $ FBG Service Corporation Library Supplies $ 2, Financial Forms & Supplies Fire Supplies $ Fire Service Training Bureau Fire Materials $ FootJoy Golf Merchandise $ Forbes Office Solutions All Supplies $ 1, Foth Infrastructure & Environment Water Pollution Control Service $ 13, G&K Services All Service $ Galanakis, Michael I&I Program Reimbursement $ Genuine Parts Company-Des Moines Street/Cemetery/Parks Supplies $ Gralnek-Dunitz Fire Service $ Hach Co Water Pollution Control Supplies $ Hammer Medical Supply Fire Supplies $ Hawkeye Exterminators Water Pollution Control Service $ Hawkins Water Treatment Water Pollution Control Supplies $ 1, Hillyard / Des Moines Fire Supplies $ Hy-Vee Inc Executive/Police/Library Supplies $ Page 1

38 IA Dept of Agriculture Golf/Parks Training $ IMWCA All Insurance $ 11, Interstate Battery - Ames Fire Supplies $ Iowa Dept of Agriculture & Land Steward Landfill License $ Iowa Division IAI Police Training $ Iowa Fire Equipment All Service $ 1, Iowa History Journal Library Subscription $ Iowa League of Cities Parks/Executive/PW Administration Conference $ Iowa One Call Engineering Service $ Iowa Turfgrass Institute Golf Training $ J Ray's Lawn Care and Snow Removal Library Service $ 1, J & J Real Estate Investment's LLC Hwy 14/S 12 Ave W TIF Tax Rebate $ 5, JETCO Inc Water Pollution Control Supplies $ 15, Johnson Aviation Airport Service $ 2, Kellogg Fire Department Fire Reimbursement $ Lanphier Excavating LLC Housing Demolitions Service $ 52, Liberty Tire Recycling Landfill Supplies $ Logan Contractors Supply Traffic Control Service $ 1, Lucas Holdings LLC Library Printing $ 1, Manatts - D.M. Street Supplies $ Marsden Bldg Maintenance City Center Service $ 2, Martin Marietta Materials Golf Supplies $ MCM Electronics Water Pollution Control Supplies $ McMaster-Carr Water Pollution Control Supplies $ McVey, Denise Public Works Administration Reimb $ Midland Scientific Water Pollution Control Supplies $ Mike's Machine Repair Water Pollution Control Service $ National Diamond Snow Removal Supplies $ National Tactical Offcs Police Dues $ News Printing Company Administration/Golf/Fire Publications $ Newton Correctional Facility Landfill Service $ Noble Ford of Newton Inc Parks Supplies $ Northwestern University Center Police Training $ 4, O'Halloran International City Garage Supplies $ O'Keefe Elevator Co Inc City Center Service $ Optum360 Fire Materials $ O'Reilly Auto Parts Parks Supplies $ Paper Free Technology Administration Service $ Partsmaster City Garage Supplies $ Perry, Hugh Legal Services Service $ 1, Peter, Phyllis Library Supplies $ Pitney Bowes Finance Service $ Pitney Bowes Planning & Zoning Supplies $ Protex Central Incorporated Airport Service $ Quick Lane Tire & Auto Police Service $ Quill Corporation Police/Finance/Administration/Fire Supplies $ Random House Inc Library Books $ Randy's Lawn Care City Center Service $ Recorded Books Library Books $ Page 2

39 Regent Book Co Library Books $ Riggs Printing Inc Fire Service $ Roto Rooter Parks Service $ Sandry Fire Supply LLC Fire Equipment $ Scott Van Keppel Snow Removal Supplies $ Showcases Library Supplies $ Skiff Medical Center Fire Supplies $ Skokan Construction Inc Airport Service $ 2, Smith Quality Rental Snow Removal/Parks Supplies $ Southeastern Emergency Equipment Fire Supplies $ Sprayer Specialties Inc Snow Removal Supplies $ Springer Professional Home Services Golf Service $ Superior Welding Supply City Garage Supplies $ Team Effort Inc Golf Merchandise $ Theisen's All Supplies $ 1, Thomson Reuters West Library Subscription $ Titleist Golf Merchandise $ TK Concrete Inc Housing Demolitions Service $ 27, Tompkins Industries Inc Snow Removal Supplies $ Traf-O-Teria System Police Supplies $ True Value Hardware All Equipment $ Unique Management Services Library Service $ United Parcel Service Finance Shipping $ United States Cellular Fire Service $ Utility Equipment Co Street Supplies $ Van Arkel, Bob Fire Clothing $ Van Meter Inc City Center Supplies $ Van Zee, Brad Police Training $ Wal-Mart All Supplies $ 1, Warnick & Reeves Mechanical Maytag Pool/Water Pollution Control Supplies $ Water Department All Utility $ Windstream Library Utility $ Wing, Chris Police Training $ Work Systems Rehab & Fitness PC All Service $ Ziegler Inc Water Pollution Control Supplies $ Totals: $ 252, Pre Authorized Payments: Vesley, Leonard & Charlene Water Pollution Control I&I Reimbursement $ 2, Alliant Energy All Utility $ 23, Caldwell, Brierly, Chalupa, Nuzum Trust Property Acquisition Demolitions $ 3, Black Hills Energy All Utility $ Blumeyer, Russ & Lois Water Pollution Control I&I Reimbursement $ 1, Huggins, Earl & Mary Water Pollution Control I&I Reimbursement $ 3, McVey, James & Denise Water Pollution Control I&I Reimbursement $ 3, Mediacom Public Works Utility $ Provin, Debra Water Pollution Control I&I Reimbursement $ 2, Page 3

40 UL Verification Services, Inc East Mart TIF Tax Rebate $ 8, United States Cellular All Utility $ Windstream All Utility $ ACH Payments from Great Southern Bank: Iowa Department of Revenue Landfill/Parks/WPC/Golf Sales Tax $ 5, Delta Dental All Insurance $ 19, Advantage Administrators All Insurance $ Wellmark BC/BS All Insurance $ 277, Bank Iowa All Insurance $ 22, Lincoln National Life All Insurance $ 6, Page 4

41 City of Newton Council Report Item: Resolution adopting the City Of Newton Records Retention Schedule. Summary: This record s schedule is intended to assist officials in the management of records created and received in the conduct of City business. Financial Impact: None Report Number: Date: December 1, 2014 Lead Department: Administration Recommendation: Approve BACKGROUND Ideally, records should facilitate the efficient, economical operation of municipal government, not impede it. Accumulation of records can overwhelm available storage space and hamper retrieval of both active and inactive records. The City of Newton does not currently have a Record Retention Policy. The City Clerk s Office is working to develop methods of controlling the abundance of records that are created and received in the conduct of City business. Record series retention and disposition schedules are only one component of an effective records management program. Inactive storage, historical appraisal, municipal records management ordinances, filing systems, electronic methods of recording and retrieving data, and disaster planning are some other components of record management of importance for municipalities. The first step of controlling records is to establish a timetable, or schedule, for destroying records that are no longer needed. The 2014 Code of Iowa established requirements for the retention of official City documents, pursuant to the following: Chapter 22 Examination of Public Records (Open Records); Chapter 305 State Records and Archives; Chapter 372 Organization of City Government; Chapter 622 Evidence The City of Newton Records Retention Schedule was produced in conjunction with the Iowa League of Cities, State Historical Society of Iowa s State Archives and Records Bureau, and Iowa Municipal Finance Officers Association, and various Iowa municipalities for the retention and destruction schedule of public records and other supplemental City documents.

42 This schedule is in its infancy and as additional documents are organized and inventoried as well as additional Departments, they will be added to the schedule by amendment. Staff shall prepare a preliminary list of records approved for disposal and shall submit the list to Council for final review and motion during the Consent Agenda prior to disposal. RECOMMENDATION Staff recommends that City Council approve the Resolution. Robert L. Knabel City Administrator Attachments

43

44 RESOLUTION NO RESOLUTION ADOPTING THE CITY OF NEWTON RECORDS RETENTION SCHEDULE WHEREAS, the City of Newton, Iowa, regularly creates public records; and WHEREAS, the 2014 Code of Iowa established requirements for the retention of official City documents, pursuant to the following: CHAPTER 22 EXAMINATION OF PUBLIC RECORDS (Open Records); CHAPTER 305 STATE RECORDS AND ARCHIVES; CHAPTER 372 ORGANIZATION OF CITY GOVERNMENT; CHAPTER 622 EVIDENCE; and WHEREAS; The City of Newton will adhere to the attached City of Newton Records Retention Schedule produced in conjunction with the Iowa League of Cities, State Historical Society of Iowa s State Archives and Records Bureau, and Iowa Municipal Finance Officers Association for the retention and destruction schedule of public records and other supplemental City documents, and will administratively amend the retention and destruction schedule as necessary, including future changes in the Iowa Code; and WHEREAS; the City of Newton Records Retention Schedule is intended to assist officials in the management of records created and received in the conduct of city business; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Of Newton, Iowa, that it hereby adopts the City of Newton Records Retention Schedule to determine the length of time records need to be retained for audit, legal, administrative and historical use. It shall be the responsibility of the City staff to dispose of said records using the records destruction form along with Council motion. PASSED this day of December, 2014 APPROVED this day of December, 2014 (SEAL) Michael L. Hansen, Mayor Attest: Katrina Davis, City Clerk

45 Record Retention City of Newton Iowa

46 2 Record Retention Schedule Schedule 1: Administrative & Legal Records

47 3 Record Retention Schedule Schedule 1: Administrative and Legal Records Record Title Retention Period Reason Storage I COUNCIL PROCEEDINGS A Minutes 1. Official Copy Permanent Code of Iowa, (5). Also continuing legal, administrative and historical value. 2. Working Copies As long as administratively useful; Administrative value ends then destroy 3. Index Permanent Continuing administrative and historical value 4. Audio Recordings of Closed Sessions Video Recording of Open Council Meetings 1 year from date of meeting; unless required to retain due to pending legislation 2 years from date of meeting; unless required to retain due to pending legislation Code of Iowa, 21.5(4). Administrative and legal value ends. Administrative value ends 5. Agendas 5 years Administrative value ends B Ordinances 1. Current code Permanent 2. Official Copy Code of Iowa, (5). Also continuing legal, administrative and historical value. 3. Superseded Code Two copies permanent Continuing historical value 4. Index Permanent Continuing administrative and historical value 5. Individual Copies of Ordinances for Disbursement Until superseded; then destroy Administrative and legal value ends C Resolutions 1. Official Copy Permanent Code of Iowa, (5). Also continuing legal, administrative and historical value. 2. Working Copies As long as administratively useful; Administrative value ends then destroy 3. Index Permanent Continuing administrative and historical value D Affidavits of Publication 1. Re: Budget Until audited or 5 years Fiscal and legal value ends 2. Re: Ordinances Until recodification Fiscal and legal value ends 3. Re: Bond Issues Permanent Continuing legal and historical value 4. Others 5 years Fiscal and legal value ends E Oaths of Office If in writing, add to official copy of council minutes for permanent retention F City Official Bonds 5 years after expiration Legal value ends Continuing legal and historical value

48 4 Record Retention Schedule Schedule 1: Administrative and Legal Records, continued. Record Title Retention Period Reason Storage II REAL PROPERTY A Title Documents 1. Deeds Permanent Code of Iowa, (5). Also continuing legal, administrative and historical value. 2. Title Opinions Permanent Code of Iowa, (5). Also continuing legal, administrative and historical value. 3. Abstracts and Certificates of Title Permanent Code of Iowa, (5). Also continuing legal, administrative and historical value. 4. Title Insurance Permanent Code of Iowa, (5). Also continuing legal, administrative and historical value. 5. Condemnation Proceedings B Easements and/or Right of Way Agreements C Plats (legal descriptions, maps, plat books, both current and outdated) D Vacations/Alterations of Plat Permanent Permanent Permanent Permanent Code of Iowa, (5). Also continuing legal, administrative and historical value. Code of Iowa, (5). Also continuing legal, administrative and historical value. Code of Iowa, (5). Also continuing legal, administrative and historical value. Code of Iowa, (5). Also continuing legal, administrative and historical value. E Annexation Files Permanent Code of Iowa, (5). Also continuing legal, administrative and historical value. III PERMITS & LICENSE A Cigarette 5 years Administrative and legal value ends B Liquor and Beer 5 years Administrative and legal value ends C Miscellaneous Business (peddler, solicitors, etc.) 5 years Administrative and legal value ends D Special Events (parades, festivals, etc.) 5 years Administrative and legal value ends IV GENERAL A Accidents on City Property Involving City 1. Claims Settled out of 10 years after settlement Legal value ends Court 2. Court Decisions Permanent Continuing legal value B Bids 1 Accepted 5 years Legal and fiscal value ends 2. Rejected 5 years or 1 year after audit Legal and fiscal value ends

49 5 Record Retention Schedule Schedule 1: Administrative and Legal Records continued. Record Title Retention Period Reason Storage C Blueprints or Plans for City-Owned Structures Permanent Continuing administrative and historical value D Cemetery Records, Burial Records E Contracts or Agreements for Services, Purchases of Equipment or Supplies, Concessions F Correspondence G Daily Diaries or Logs H (appointment Equipment Records calen- dars, Permanent As long as administratively useful; appraise for permanent retention 5 years As long as administratively useful; appraise for permanent retention 5 years Continuing historical value Legal value ends Possible long-term administrative use and historical value Administrative value ends 1. Inventories While current Administrative value ends 2. Maintenance History Life of equipment Administrative value ends 3. Cost of operation summaries 4. Information Service Records 5 years Administrative value ends a. Computer While current Administrative value ends equipment inventory b. Telephone 5 years Administrative value ends c. Depreciation reports and 5 years Administrative value ends records d. Vendor information 5 years Administrative value ends I Franchise Agreements 5 years after expiration; appraise Legal value ends; possible for permanent retention continuing historical and legal value J Insurance Policies 5 years after expiration Legal value ends K Leases 7 years after expiration; appraise Legal value ends; possible for permanent retention continuing historical and legal value L Legal Actions 1. Civil Lawsuits and 5 years after closure Administrative and legal value ends Administrative Law Proceedings 2. Criminal and Municipal 5 years Administrative value ends Infraction Cases Closed 3. Civil Case Closed 5 years Administrative value ends 4. Citations 5 years Administrative value ends M Legal Opinions 1. Informal Opinions 5 years Administrative and legal value ends 2. Formal Opinions Permanent Continuing legal value N Maps, Current and Outdated (road, street, zoning, park, flood plain, topography, utilities, etc) Permanent Continuing administrative and historical value

50 6 Record Retention Schedule Schedule 1: Administrative and Legal Records continued. Record Title Retention Period Reason Storage O Minutes of Boards and Commissions Permanent Continuing administrative and historical value P Notices Sent to Citizens to Comply with Ordinances (including nuisance abatement notices) Q Petitions from Citizens R Promotional Materials 5 years after disposition Administrative and legal value ends 5 years after issue closed; appraise significant issues for permanent retention Administrative and legal value ends; possible historical value 1. City Newsletters Permanent Continuing historical value 2. Advertising Contracts 5 years Administrative and legal value ends 3. Press Releases 5 years Administrative value ends 4. Pamphlets, Brochures Appraise for permanent Possible historical value retention 5. Newspaper Clippings Permanent Continuing historical value S Photos, Scrapbooks T Reports from Departments Appraise for permanent retention Possible historical value 1. Monthly 5 years Administrative value ends 2. Annual Permanent Continuing historical value U Studies, Surveys 1. From an Outside Source 2. Pertaining Directly to City Appraise for permanent retention V Election Records 1. Precinct Maps, Current and Outdated 2. City Elections As long as administratively useful Administrative value ends Permanent Possible historical value Continuing historical value a. Election Petitions Permanent Continuing historical value b. Abstracts Permanent Continuing historical value V POLICE & FIRE RETIREMENT RECORDS A Minutes of the Board Permanent Continuing administrative, legal and historical value B Reports 1. Actuary 5 years Fiscal value ends 2. Investment 5 years Fiscal value ends 3. Fund 5 years Fiscal value ends C Case File (actions, appeals, decisions) Permanent Continuing administrative, legal and historical value

51 7 Record Retention Schedule Schedule 1: Administrative and Legal Records, continued. Record Title Retention Period Reason Storage VI FINANCE/PURCHASING RECORDS A Leases 1. Agreements and Related Documents Acted on by Council 2. Agreements not Requiring Council Action Upon expiration, 5-year minimum 5 years after expiration, 5-year minimum Administrative value ends Administrative value ends C Bids, Quotes and Proposals 1. Official Copy, Bid/ Proposal RFP 10 years after completion of con- Administrative value ends tract 2. Copies of Bids Received and Related Documents for Public Improvement Projects and Acted on by Council 3. Copies of Bids Received and Related Documents for Fleet Equipment Acted on by Council 4. Copies of Bids Received and Related Documents for Other Equipment and Service Projects Acted on by Council 5. Originals of Bids, Quotes and Proposals Received for Contracts Not Awarded by Council 10 years after completion of contract; accepted bids retained permanently Lifetime of equipment; unaccepted bids: 1 year after acceptance of winning bid 10 years after completion of contract; unaccepted bids: 1 year after acceptance of winning bid 10 years after completion of contract except: fleet equipment and buses; lifetime of equipment and other capital equipment; 10 years after completion of contract or upon expiration of warranty, whichever is more Administrative value ends; continuing administrative value Administrative value ends Administrative value ends Administrative, grant and warranty issues are active until equipment is taken out of service.

52 8 Record Retention Schedule Schedule 1: Administrative and Legal Records, continued. THIS PAGE IS INTENTIONAL BLANK Record Title Retention Period Reason Storage

53 9 Record Retention Schedule Schedule 2: Payroll & Personnel Records

54 10 Record Retention Schedule Schedule 2: Payroll and Personnel Records Record Title Retention Period Reason Storage I PAYROLL A Payroll Journal (shows name, SSN, earnings, deductions, Permanent Fiscal value ends (satisfies longterm need for future salary and pension inquiries) net pay/ period and yearly totals) B Payroll Support Documents (time sheets & reports of 5 years Fiscal value ends II sick or vacation leave) C Federal Reporting Forms 1. W-2, W-3, W-4 5 years Fiscal value ends E Quarterly Report 5 years Fiscal value ends 3. Copy of Deposit Card 5 years Fiscal value ends , years Fiscal value ends D State Reporting Forms 1. Withholding Agents Reports 5 years Fiscal value ends 2. Job Service Report 5 years Fiscal value ends 3. Copy of Deposit Card 5 years Fiscal value ends 4. IPERS 5 years Fiscal value ends 5. MFPRSI 5 years Fiscal value ends PAYROLL A Individual Employee File 1. Job Description and History 2. Application and Resume 3. Civil Service Test, Scores, Placement 4. Evaluations, Discipline, Demotion, Promotion, Awards Permanent Continuing historical value 60 years from termination Administrative value ends (satisfies long-term need for future inquiries) 60 years from termination Administrative value ends 60 years from termination Administrative value ends 5. Continuing Education 60 years from termination Administrative value ends 6. Medical Information 60 years from termination Administrative value ends (separate file) 7. Resignations, 60 years from termination Administrative value ends Reasons for Leaving 8. Claim for IPERS 60 years from termination Administrative value ends 9. Unemployment 5 years from termination Fiscal value ends Insurance Claims 10.Garnishments Through closure plus 1 year Fiscal value ends 11.Enrollment for Direct Deposit, Insurance, Savings Bonds, Etc. While current Administrative value ends B Applications of Those Not Hired 5 years Administrative value ends

55 11 Record Retention Schedule Schedule 2: Payroll and Personnel Records Record Title Retention Period Reason Storage C Civil Service Records 1. Minutes of the Board or Commission 2. Roster of Eligible Applicants 3. Case Files (actions, appeals, decisions) D Equal Employment Opportunity Permanent Continuing administrative and historical value 5 years Administrative value ends 10 years Legal value ends 1. EEO-4 Report 5 years Administrative value ends 2. Plans a. City s 5 years Administrative value ends b. Potential contractors 5 years Administrative value ends E Health Insurance Payments, Claims 5 years Administrative and fiscal value ends 1. Employer s Report 5 years Administrative and fiscal value ends 2. OSHA Report 5 years Administrative and fiscal value ends 3. Workers Compensation 5 years from date of occurrence which benefits are Code of Iowa, Legal value ends. Reports claimed or 5 years from last payment of weekly compensation benefits F Union Records 1. Negotiations As long as administratively useful; Administrative value ends. then appraise for permanent Possible historical value. retention 2. Contracts Permanent Continuing administrative and 3. Fact Finding and Arbitration Cases 4. Case Files (actions, appeals, decisions) G Public Service (PSE) Contracts, Claims, Etc. 5 years minimum then appraise for permanent retention 10 years then appraise for permanent retention historical value Administrative value ends. Possible historical value. Legal value ends. Possible historical value. 5 years Administrative and fiscal value ends H Miscellaneous 1. Classification Studies 5 years Administrative value ends. Appraise for possible historical value. 2. Compensation Surveys 5 years Administrative value ends. Appraise for possible historical value. 3. Administrative Studies 5 years Administrative value ends. Appraise for possible historical value.

56 12 Record Retention Schedule Schedule 2: Payroll and Personnel Records Record Title Retention Period Reason Storage 4. Job Specifications Permanent Continuing historical value 5. Personnel Polices, Pay Plans, Etc. Permanent Continuing historical value 6. Internal Investigations 10 years Administrative and legal value ends. Appraise for possible historical value.

57 13 Record Retention Schedule

58 City of Newton Council Report Item: Resolution awarding bid for a public outdoor emergency warning siren. Summary: Award of contract to DANCO Emergency Equipment Company for a 130 decibel outdoor emergency warning siren with solar power. Financial Impact: It is recommended that the $20,097 be paid from the 2014 Ending Fund Balance of the General fund. Report Number: Date: December 1, 2014 Lead Department: Public Works Recommendation: Approve BACKGROUND The City owns thirteen (13) outdoor emergency warning sirens that are interspersed throughout the City. The warning siren located at East 7 th Street North and North 4 th Avenue East is no longer functioning. This unit is an early 1970 s Federal model and is a 115 decibel fixed-unit siren. The control board on the unit is not operational and repair parts can no longer be attained. Staff recommends replacing the nonfunctioning unit with a new 130 decibel rotating unit to allow for a broader coverage of bandwidth in the affected warning area. Refer to the attached map for the location of the existing siren. The influence of the proposed rotating siren is shown by the dashed circle on the map. Bids for the purchase and installation were sought from four certified emergency installers. The following 2 bids were received: Company Bid Amount DANCO Emergency Equipment Co, Snyder, Nebraska $20, American Signal Corp., Milwaukee, Wisconsin $21, RECOMMENDATION City Staff recommends that Council approve an installation agreement with DANCO Emergency Services of Snyder, Nebraska for installation of a 130 decibel outdoor emergency warning siren. Robert L. Knabel City Administrator Attachments

59 RESOLUTION NO RESOLUTION AWARDING BID FOR A PUBLIC OUTDOOR EMERGENCY WARNING SIREN WHEREAS, the emergency siren located near E 7 th St N and N 4 th Ave E is not operable and cannot be repaired and; WHEREAS, the City of Newton obtained sealed bids for purchasing a 130 decibel rotating outdoor emergency solar powered warning siren and; WHEREAS, Danko Emergency Equipment of Snyder, Nebraska was the lowest responsive bidder in the amount of $20, and; WHEREAS, City staff recommends that the City of Newton award contract to Danco Emergency Equipment Company of Snyder, Nebraska. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Newton, Iowa, that the bid of Danco Emergency Equipment Company of Snyder, Nebraska, in the amount of twenty thousand ninety-seven dollars and no cents ($20,097.00) for the outdoor emergency warning siren and installation be accepted. BE IT FURTHER RESOLVED, by the City Council of the City of Newton, Iowa, that the Public Works Director is authorized to purchase the outdoor emergency warning siren, including installation, from Danco Emergency Equipment Company, Snyder, Nebraska. PASSED this day of December APPROVED this day of December (SEAL) Michael L. Hansen, Mayor ATTEST: Katrina Davis, City Clerk

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61 City of Newton Council Report Item: Resolution authorizing an Agreement for engineering services for a snow removal equipment building at the Newton Municipal Airport. Summary: Hire a consultant for engineering design services. Financial Impact: $5,885 (which is part of the $28,000 local match for the funded project), plus $10,000 to be budgeted from Annual Budget. Report Number: Date: December 1, 2014 Lead Department: Public Works Recommendation: Approve Background: City Council approved the purchase of a snowplow truck for the airport on August 18, The Federal Aviation Administration (FAA) provides grants for the design and construction of buildings used for the storage of snow removal equipment and it is in the best interest of the City to have such a storage building. The City of Newton s airport engineering consultant, Clapsaddle-Garber Associates, Inc. (CGA), has estimated the project cost for a snow removal equipment storage building to be $280,000, which includes engineering costs of $58,885. The City of Newton included the storage building in past federal Airport Improvement Program. On October 17, 2014, the City was notified by FAA that the City has been considered for a grant for funding for the snow removal equipment storage building (potential AIP No ). The grant would pay for 90% of the project cost, not to exceed $252,000. The grant allows for a $280,000 project with a City contribution of $28,000. CGA has presented the City with an Engineering Services Agreement for design and construction services for the construction of the snow removal equipment storage building in the amount of $58, The CGA agreement has been reviewed by FAA. The design work will be performed this winter and the project will be bid in the spring. The construction contract would be awarded after an official Congressional announcement of grant funding. Construction is anticipated in 2015 during the City s fiscal year. Recommendation: City Staff recommends entering into an agreement with Clapsaddle-Garber Associates, Inc. of Marshalltown, Iowa for design services related to the construction of a snow removal equipment storage building.

62 There are funds in the Airport Capital Improvement Fund to pay the local contribution of $5, for the design services. Currently there are not sufficient funds in the Airport Capital Improvement Fund to pay for the local cost share for the construction of the building. A total of $10,000 will need to be allocated to the Airport Capital Improvement Fund as part of the Budget. Robert L. Knabel City Administrator Attachment

63 RESOLUTION NO RESOLUTION AUTHORIZING TO ENTER INTO AN AGREEMENT FOR ENGINEERING SERVICES FOR A SNOW REMOVAL EQUIPMENT BUILDING AT THE NEWTON MUNICIPAL AIRPORT WHEREAS, the construction of a snow removal equipment storage building is a project that has been identified as being needed at the Newton Municipal Airport; and WHEREAS, the City of Newton has been considered for a grant through the Federal Aviation Administration (FAA) for the construction of a snow removal equipment storage building at the Newton Municipal Airport; and WHEREAS, FAA grants pay 90% of project costs and the remaining 10% is required to be paid from local contribution; and WHEREAS, the FAA grant consideration for the snow removal equipment storage building allows for a $280,000 project with a City contribution of $28,000; and WHEREAS, Clapsaddle-Garber Associates, Inc. has provided the city with an Engineering Services Agreement for $58, for the snow removal equipment storage building project; and WHEREAS, the local match for engineering services would be $5, and is part of the $28,000 local match for the project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Newton, Iowa, that the Mayor is hereby directed to execute the Engineering Services Agreements with Clapsaddle-Garber Associates, Inc. for engineering services for design services for the snow removal equipment storage building project at the Newton Municipal Airport. The City s 10% share for the engineering work for this project is $5,888.50, which is part of the total $28,000 local match required for the project. The local match for the design work will be paid from the Airport Capital Improvement Fund. PASSED this day of December APPROVED this day of December ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

64 Engineering Services Agreement This AGREEMENT made as of the day of, 2014, by and between the CITY OF NEWTON, IOWA, hereinafter called the OWNER or SPONSOR, and CLAPSADDLE-GARBER ASSOCIATES, INC., a corporation legally formed under the provisions of Chapter 496A of the 1966 Code of Iowa, hereinafter called the ENGINEER. WHEREAS, the OWNER intends to construct a Snow Removal Equipment Storage Building at the Newton Municipal Airport, in accordance with FAA standards and applicable local and state building codes. WHEREAS, the OWNER anticipates a grant for said improvements from the Federal Aviation Administration, and the OWNER desires the ENGINEER to proceed with the planning and engineering services necessary to accomplish the improvements. The work shall hereinafter be called the PROJECT. 1. THE ENGINEER AGREES TO perform the following engineering services for the Project. a. GENERAL: The Engineer has reviewed the site of the project and the engineering services involved, and the Engineer shall serve as the Owner's professional representative in the services required for the Project, and shall give consultation and advice to the Owner during the performance of his services. The Engineer shall secure and maintain such insurance as will protect him from claims under the workmen's compensation acts and from claims for bodily injury, death, or property damage which may arise from the performance of his services under this Agreement. The Engineer hereby agrees to defend and hold the Owner harmless and indemnify Owner from any and all such claims. b. BASIC SERVICES: Under the Basic Services, the Engineer shall accomplish those tasks described in Attachment A as: Task 1.0 Preliminary Design Task 2.0 Final Design 1 CGA PN

65 Task 3.0 Bid Letting Task 4.0 Distribution of Plans and Specifications c. OTHER SERVICES: Under the Other Services, the Engineer shall accomplish those tasks descried in Attachment A as: Task 5.0 DBE Plan and Reports Task 6.0 Grant Administration d. PROJECT CONSTRUCTION SERVICES: Under Project Construction Services, the Engineer shall accomplish those tasks described in Attachment A as: Task 7.0 Contract Administration Task 8.0 Construction Staking Task 9.0 Construction Observation Task 10.0 Construction Testing e. ADDITIONAL SPECIAL SERVICES: When requested in writing by the Owner, the Engineer shall perform such extraordinary services not normally considered a part of the design or construction phase engineering. (1) Revision of Approved Plans: When requested, the Engineer shall revise plans and/or specifications, contract documents, etc. when such changes or revisions are not occasioned by fault of the Engineer and such original documents, plans, specifications, etc. have been prepared in accordance with the Owner s approval, acceptance or instructions. (2) Readvertising for Bidders: The service required when the Owner readvertises for construction bidders not occasioned by fault of the Engineer shall be extra services. (3) Extra Construction Engineering: Such services occasioned through no fault of the Engineer such as caused by Contractor s default for any reason, damage to the construction caused by an Act of God, and construction supervision over an extended period beyond the completion date shall be considered extra services. (4) Inspection After Final Acceptance: Such services requested after the Owner has accepted the Engineer s Statement of Completion shall be considered extra services. (5) Special Consultants: The services of other professional fields such as lawyers, accountants, archaeologists, ornithologists, rate experts, and such similar types of professional skills are not normal to providing engineering 2 CGA PN

66 services and are considered extra services. (6) Litigation: Engineering services for court testimony, should the Owner require the Engineer to appear as an expert witness, plus preparation time, are extra services. f. TIME SCHEDULE FOR EXECUTION OF ENGINEERING SERVICES: The following schedule is anticipated to be completed by the following dates: Submit ESA to FAA for Approval... December 8, 2014 Engineering Contract Executed... January 5, % Plans and Specifications... February 20, 2015 Open Bids... April 24, 2015 Submit FAA Grant Application... May 6, 2015 This schedule is subject to FAA and Owner turnaround time for reviews and responses. The Engineer acknowledges the importance to the Owner of the project schedule and agrees to put forth reasonable efforts in performing the service with due diligence under this Agreement. The Owner understands, however, that the Engineer s performance must be governed by sound professional practices and will be affected by outside influences beyond the Engineer s control. 2. THE OWNER AGREES to provide the Engineer with complete information concerning the requirements of the Project and to perform the following services: a. ACCESS TO THE WORK: The Owner shall guarantee access to and make all provisions for the Engineer to enter upon public lands as required for the Engineer to perform such work as surveys and inspections in the development of the Project. The Engineer will contact private property owners for permission of entry to private lands. b. CONSIDERATION OF THE ENGINEER'S WORK: The Owner shall give thorough consideration to all reports, sketches, estimates, drawings, specifications, proposals, and other documents presented by the Engineer, and shall inform the Engineer of all decisions within a reasonable time so as not to delay the work of the Engineer. c. LEGAL REQUIREMENTS: The Owner shall hold promptly all required special meetings, serve all required public and private notices, receive and act upon all protests and fulfill all requirements necessary in the development of the Project, and pay all costs incidental thereto. 3 CGA PN

67 3. THE OWNER'S PAYMENTS TO THE ENGINEER: a. GENERAL (1) Abandoned or Suspended Work: If any work performed by the Engineer is abandoned or suspended in whole or in part, the Engineer shall be paid for costs incurred prior to receipt of written notice from the Owner of such abandonment or suspension, together with any terminal expenses resulting therefrom, and including a reasonable profit. (2) Payments to the Engineer shall be due and payable from monthly statements. Payments not received within thirty (30) days of the invoice date will be subject to an interest charge of one-and-one-half (1.5) percent of the PAST DUE amount per month. Payment thereafter shall first be applied to accrued interest and then to the unpaid principal. b. PAYMENTS FOR BASIC SERVICES: The Owner shall pay the Engineer for the basic services described in 1.b., a Lump Sum Fee in accordance with the following. Task 1.0 Preliminary Design...$22, Task 2.0 Final Design...$5, Task 3.0 Bid Letting...$1, Task 4.0 Distribution of Plans and Specifications...$1, The total Lump Sum Fee for Basic Services is $29, c. PAYMENTS FOR OTHER SERVICES: The Owner shall pay the Engineer for other services described in 1.c., a Lump Sum Fee in accordance with the following: Task 5.0 DBE Plan and Reports...$1, Task 6.0 Grant Administration...$5, The total Lump Sum Fee payment for Other Services is $7, d. PAYMENTS FOR PROJECT CONSTRUCTION SERVICES: The Owner shall pay the Engineer a fee for Project Construction Services described in 1.d., Tasks 7.0 and 8.0 a Lump Sum Fee in accordance with the following: Task 7.0 Contract Administration...$10, Task 8.0 Construction Staking...$1, The total Lump Sum Fee payment for Construction Services - Administration and 4 CGA PN

68 Staking Services is $11, And the Owner shall pay the Engineer a fee for Project Construction Services described in 1.d., Tasks 9.0 and 10.0, a Cost plus a Fixed Fee Not to Exceed in accordance with the following table: Task Description Cost Fixed Fee Not to Exceed 9.0 Construction Observation $ $ $6, Construction Testing $3, $ $3, The Not to Exceed fee payment for Project Construction Services Observation and Testing is $9, e. PAYMENTS FOR ADDITIONAL SPECIAL SERVICES: For additional services defined in 1.e., the Owner shall pay the Engineer a negotiated amount based on the scope of additional services, and said payments will be due and payable from monthly billings should they be required for the project. f. SUMMARY OF FEES: The total compensation under this Agreement is summarized as follows: Service Tasks Compensation Fee Type Basic Services $29, Lump Sum Other Services $7, Lump Sum Construction Services $11, Lump Sum Administration & Staking Construction Services Observation & Testing $9, Total Compensation $58, Not To Exceed Cost Plus A Fixed Fee Not To Exceed 4. THE OWNER AND ENGINEER FURTHER AGREE to the Federal Provisions contained in Attachment D. 5. SUCCESSORS AND ASSIGNS: This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the Owner and the Engineer respectively and his partners, successors, assigns, and legal representatives. Neither the Owner nor the Engineer shall have the right to assign, transfer, or sublet his interest or obligations hereunder without written consent of the other party. 6. ATTACHMENTS: The following attachments are included as part of this Agreement. Attachment A - Scope of Engineering Services Attachment B - Certification of Engineer 5 CGA PN

69 Attachment C - Labor Estimate Attachment D - Federal Provisions IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement the day and year first above written. OWNER: City of Newton, Iowa By: ENGINEER: Clapsaddle-Garber Associates, Inc. By: Title: Title: Executive Vice President ATTESTED BY: ATTESTED BY: Title: Title: Chairman of the Board 6 CGA PN

70 Attachment A Scope of Engineering Services For Snow Removal Equipment Storage Building Development Newton Municipal Airport AIP No This project provides for the development of a Snow Removal Equipment Storage Building to be located on the Newton Municipal Airport. BASIC SERVICES Task Preliminary Design 1.1 Geotechnical Investigations. Preliminary geotechnical investigations will be provided by TEAM Services as a Subconsultant to Engineer. The investigation will include subsurface exploration and geotechnical report with recommendations concerning the design and construction of foundations, floor slab and approach pavement. 1.2 SRE Building Topo Survey & Control. CGA will provide a topographic survey of the site for the Snow Removal Equipment Storage Building. Electronic field data will be downloaded and CGA will develop background plan sheets % Engineer s Report. At approximately 30% completion of the design, a report shall be prepared in general accordance with AIP Sponsor Guide Section 920 and submitted to the FAA summarizing key design features such as: a. Building siting and sizing calculations b. Mechanical systems c. Utilities d. Geotechnical recommendations e. Drainage considerations f. Project schedule g. Probable construction costs h. Preliminary project budget i. Geotechnical Report prepared by Team Services j. Preliminary Floor Plan Exhibit 1.4 Cover Sheet. A cover sheet shall provide pertinent project information such as project title, general description of the work, project numbers, location map, index to the plan sheets, and designer certifications. 1.5 Symbols, Legend and Info Sheet. This sheet will present an index of symbols used on the plans and general project information. A-1 CGA PN

71 1.6 Project Layout and Construction Safety and Phasing Plan Sheet. CGA will provide a drawing depicting the general layout of the project and denote the contractor s access, assembly/storage areas, traffic control, and related notes. For temporary construction items (such as the contractor s staging area, access road, and equipment) and the permanent SRE Storage Building, the Engineer shall prepare and submit FAA Forms electronically through the FAA s OE/AAA website. The FAA shall conduct an aeronautical study of the temporary and permanent points. Engineer shall coordinate points with FAA prior to submission. The Contractor shall be solely and exclusively responsible for the safety of the airport users as it relates to construction activities. 1.7 Paving Plan. A plan describing the requirements of the pavement approach to the building including dimensional layout and elevations will be depicted. Project details such as typical pavement sections and joint details will also be depicted. 1.8 Building Plan and Details. The building plan shall graphically depict floor plan, typical sections, elevation views and details. It is anticipated that the building will be a pre-engineered building with structural design and certification provided by the contractor s or building manufacturer s licensed engineer. 1.9 Electrical/Mechanical Sheets. The Electrical/Mechanical Sheets will depict fixture layout, receptacles, door controllers and motors, wiring schematic, and ventilation and mechanical equipment. The electrical/mechanical design will be provided by UL Verification as a subconsultant to CGA Planning and Coordination Meetings. Three meetings are planned with the Owner s representatives to solicit input on the design requirements, and to review the design status Project Manual. CGA will prepare a project manual to include Contract Documents (Notice of Hearing and Letting, Information for Bidders, Contractor s Proposal, DBE Requirements, Form of Contract, Bid Bond, Performance, Payment and Maintenance Bond, Insurance Requirements, Supplementary Provisions, Wage and Labor Requirements, and Equal Employment Opportunity Requirements), General Conditions of the Contract, Special Conditions of the Contract, Detailed Specifications and applicable Advisory Circulars. A performance specification will be provided for the building and the foundation with an engineering certification to be provided by the Contractor Engineer s Report. An Engineer s Report shall be prepared at completion of the preliminary plans (90% completion) in general accordance with AIP Sponsor Guide, Section 920 to include the following information as appropriate: a. Description of work b. Photographs that depict the existing site conditions c. Listing of applicable design standards A-2 CGA PN

72 d. Considerations for airport operational safety e. Pavement Design f. Drainage Design g. Airfield Lighting and Signage h. Navigational aids i. Pavement Marking j. Environmental Considerations (SWPPP) k. Underground Utility Lines in Work Area l. Miscellaneous Work Items m. Application of Life Cycle Cost analysis (as applicable) n. Sponsor Requested Modifications to AIP Construction Standards o. Delineation of AIP Non-participating Work p. DBE Participation Project goals vs. overall program goal q. Project schedule r. Engineer s Estimate of Probable Construction Costs. s. Preliminary Project Budget (all project costs) % Plan Review. An internal quality control review of the plans and specifications will be provided. The Engineer s report and 90% plans will be submitted to the FAA and the City of Newton for review and comment. The 90% submittal shall include a Quality Control Review letter prepared and submitted by the Engineer to the FAA. At a minimum, this QC Review letter shall document the reviewing engineer and the date or period in which the review was preformed and confirm that all internal QC review comments on the 90% Engineer s Report, Construction Plans, and Project Manual have been addressed prior to submission for Owner and FAA review. Task Final Design 2.1 Construction Plans. This phase will involve completion of remaining construction plan details, along with addressing comments from FAA and City of Newton review. 2.2 Project Manual. CGA will complete the project manual to include any revisions or corrections as a result of the 90% plan review. CGA will also complete the Notice of Hearing and Letting to including scheduled date and time for the hearing on the plans, specifications, form of contract and estimate of cost and the scheduled date and time for the opening of bids. Task 3.0 Bid Letting 3.1 Advertising and Queries. CGA will assist the City of Newton in publication of appropriate legal notices, providing notice to various plan room clearing houses and directly notifying contractors of the proposed construction work. In addition, CGA will answer contractors' questions and issue any addenda required during the bidding period. A-3 CGA PN

73 3.2 Bid Opening and Award. CGA will assist the City of Newton in securing and opening of bid proposals. CGA will attend the bid opening, provide tabulation and analysis of bids, and coordinate with and secure FAA Airports Division concurrence in award. After receiving the concurrence CGA will attend City Council meeting for consideration of award and assist the City of Newton in preparing signatory copies of the construction contract. Task 4.0 Distribution of Plans and Specifications 4.1 Distribution of Plans and Specifications. CGA will print and distribute paper copies of the project s contract documents to prospective bidders, subcontractor suppliers and contractor plan room services as provided for under the laws of the State of Iowa. OTHER SERVICES Task DBE Plan and Reports 5.1 Disadvantaged Business Enterprise (DBE) Plan. A 3-year DBE plan has been previously prepared for the Newton Municipal Airport. This task will provide for reviewing and updating the 3-year DBE plan and preparing a project contract goal. 5.2 DBE Monitoring and Reporting. The following activities will be provided to monitor and report on DBE participation in the project: a. Evaluate documentation to be submitted by the low bidder indicating DBE participation or good faith effort. Request FAA Civil rights Office concurrence in the contact award. b. Prepare and submit Uniform Report of DBE Awards or Commitments and Payments using DBE Office Online Reporting System (DOORS). Two submittals are planned. Task 6.0 Grant Administration 6.1 Project Formulation. Project formulation provides for project conceptualization, preliminary estimate preparation, predesign conference and related administration associated with formulation of this project. 6.2 Grant Application. After the bid letting, CGA will prepare the grant application, including updated summary of project costs, and coordinate City s execution and submittals to the FAA. 6.3 Grant Reimbursement and Documentation. CGA will keep track of all project costs and prepare for the Owner's execution and submittal to FAA monthly grant reimbursement requests using the on-line DELPHI einvoicing system. In A-4 CGA PN

74 addition, CGA will prepare SF271 and SF425 forms on an annual basis and upon project completion. 6.4 Liaison With FAA. CGA will provide communication and correspondence with the FAA for the purpose of administration of the grant agreement. CGA will provide consultation and advice to the Owner during the progress of the project. 6.5 Quarterly Performance Report. Project progress will be monitored and reported using the FAA Quarterly Performance Report forms. 6.6 Sponsor Certifications. CGA will prepare and coordinate the Owner s required certifications for the project. This shall include Selection of Consultants, Equipment/Construction Contracts, Construction Project Final Acceptance, and Project Plans and Specifications. 6.7 Project Closeout. At the conclusion of the project, final close out documentation shall be provided to the FAA within 90 days of the final payment date in accordance with FAA ACE AIP Sponsor Guide No 1610 Development Project Closeout. PROJECT CONSTRUCTION SERVICES Task Contract Administration 7.1 Preconstruction Conference. CGA will prepare an agenda, organize and attend a meeting with the Contractor, Subcontractors, Subconsultants, Airport Authorities, Owner and the FAA to establish construction schedules, coordinate subcontractors, and establish communications for the project during construction. After the meeting CGA will prepare and distribute minutes of the conference. 7.2 Payroll Transcripts. Weekly payroll transcripts will be collected from all prime and subcontractors. The transcripts will be compared to the current Department of Labor Wage Decision. Original copies of the payroll transcripts will be provided to the Owner. 7.3 Submittal Reviews and Coordination. The Contractor will be required to submit various submittals and approval data for the project. The submittals will be checked for compliance with the plans and specifications by the Project Engineer or Subconsultant. 7.4 Construction Progress Payments. Monthly payments will be made by the Owner to the prime contractor for the construction work. CGA will prepare tabulations of the construction quantities satisfactorily completed and their related costs and CGA will make a recommendation for payment in accordance with the construction contract. A-5 CGA PN

75 7.5 Visits to the Site. A Professional Engineer will make three visits to the construction site to check the general quality and quantity of the Contractor's work. Based on information obtained during such visits, CGA will determine in general if such work is proceeding in accordance with the Contract and CGA will keep the City of Newton and the FAA informed of the progress. 7.6 Engineering Administration. This task involves coordination, supervision, communications, and scheduling of the engineering staff as required for this project. In addition, the Project Manager will provide engineering decisions and provide communications with the Owner and the Contractor required for administration and implementation of the project. 7.7 Change Orders. CGA will prepare change orders for changes necessary in the construction for submission to the Owner and the Contractor for approval. This process shall include itemization and documentation of cost adjustments, and requesting FAA concurrence and participation in the change. 7.8 Engineer's Statement of Completion. When the Contractor claims final completion of the construction, a Professional Engineer shall make an inspection of the work and prepare a list of items of work or construction not acceptable or uncompleted for the Contractor to complete or repair. A Professional Engineer will prepare a Statement of Completion stating that the construction work has been substantially completed in accordance with the terms of the contract and will list the final construction quantities and costs. 7.9 Record Drawings. CGA will prepare from records, reports, field plans, etc., a final copy of record plans to show changes in the work authorized and known during the construction process. A copy will be provided to the Owner at project closeout Final Quantity and Testing Results Report. CGA will prepare from field reports, reports from the outside testing laboratory and material certifications a final summary report of project quantities and testing results. The report will also include any quantity adjustments as a result of the percent within limits calculations. Task Construction Staking 8.1 Construction Staking. CGA will set control points for the Contractors use in laying out the building and approach slab to include the four building corners and perimeter of approach slab. Task Construction Observation 9.1 Resident Observation. A part-time construction observer will be provided during major construction activities. Major construction activities include foundation A-6 CGA PN

76 excavation, concrete pours, spot checks on building erection, and spot checks on building electrical/mechanical equipment installation. Duties and responsibilities of the observer will include checking compliance of the construction with the plans and specifications, record and document the contractor's activities, prepare related reports, and serve as the Project Engineer's liaison with the contractor. Task Construction Testing 10.1 Laboratory and Field Testing. Laboratory and Field Testing will be accomplished by an outside accredited testing laboratory (TEAM Services) and will consist of foundation support inspection and concrete slump, air content, and strength tests. This task will also involve the monitoring, tabulating and review of the results in addition to the outside testing services Manufactured Materials Testing. Manufactured materials will be accepted based on the vendor s certification that the materials meet the specifications. This task will involve the collection, review and tabulation of those certifications. A-7 CGA PN

77 Attachment B Snow Removal Equipment Storage Building Development Newton Municipal Airport AIP No Certification of Engineer I hereby certify that I am the Executive Vice President and a duly authorized representative of the firm of CLAPSADDLE-GARBER ASSOCIATES, INC., whose address is 16 East Main Street, P.O. Box 754, Marshalltown, Iowa 50158, and that neither I nor the above firm I hereby represent has: (a) (b) employed or retained for a commission, percentage, brokerage, contingent fee, or other considerations, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract. agreed, as an express or implied condition for obtaining this contract, to employ or retain the service of any firm or person in connection with carrying out the contract, or (c) paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any); I acknowledge that this certificate is to furnish to the Federal Aviation Administration of the United States Department of Transportation, in connection with this contract involving participation of Airport Improvement Program (AIP) funds and is subject to applicable state and federal laws, both criminal and civil. Date Signature B-1 CGA PN

78 Attachment C Labor Estimate Snow Removal Equipment Storage Building Development Newton Municipal Airport AIP # LABOR HOURS Out- Labor Category Principal P.E. 1 E.I. 2 Tech 7 L.S.I. 3 Tech 8 Assoc 3 Salary Over- Direct Fixed Side TOTAL Hourly Rate Cost head Exp. P'ment Services FEE BASIC SERVICES 1.0 Preliminary Design 1.1 Geotechnical Investigations , $2, SRE Building Topo Survey & Control $1, % Engineer's Report $1, Cover Sheet $ Symbolds, Legend and Info Sheet $ Project Layout Sheet and CSPP $1, Paving/Grading Plan $1, Building Plan and Details $1, Electrical/Mechanical Sheets , $6, Planning and Coordination Meetings $1, Project Manual $1, Engineer's Report $1, Preliminary Plan Review $1, PHASE TOTAL , , , , $22, Final Design 2.1 Construction Plans , , $3, Project Manual $1, PHASE TOTAL , , $5, Bid Letting 3.1 Advertising and Queries $ Bid Opening and Award $ PHASE TOTAL $1, Distribtution of Plans & Specifications 4.1 Distribution of Plans and Specifications $1, PHASE TOTAL $1, OTHER SERVICES 5.0 DBE Plan and Reports 5.1 Disadvantaged Buisiness Plan $ DBE Monitoring and Reporting $ PHASE TOTAL $1, Grant Administration 6.1 Project Formulation $ Grant Application $ Grant Reimbursement and Documentation $ Liaison With FAA $1, Quarterly Performance Reports $ Sponsor Certifications $ Project Closeout $ PHASE TOTAL , , $5, November 2014 Prepared by Clapsaddle-Garber Associates, Inc. PN

79 Attachment C Labor Estimate Snow Removal Equipment Storage Building Development Newton Municipal Airport AIP # PROJECT CONSTRUCTION SERVICES 7.0 Contract Administration 7.1 Preconstruction Conference $ Payroll Transcripts $ Submittal Reviews and Coordination $1, Construction Progress Payments $1, Visits to the Site , $1, Engineering Administration , $3, Change Orders $ Engineer's Statement of Completion $ Record Drawings $ Final Quantity & Testing Resuts Report $ PHASE TOTAL , , , , $10, Construction Staking 8.1 Construction Staking $1, PHASE TOTAL $1, LABOR HOURS Out- Labor Category Principal P.E. 1 E.I. 2 Tech 7 L.S.I. 3 Tech 8 Assoc 3 Salary Over- Direct Fixed Side TOTAL Hourly Rate Cost head Exp. P'ment Services FEE LABOR HOURS Out- Labor Category Principal P.E. 1 E.I. 2 Tech 7 L.S.I. 3 Tech 8 Assoc 3 Salary Over- Direct Fixed Side TOTAL Hourly Rate Cost head Exp. P'ment Services FEE 9.0 Construction Observation 9.1 Resident Observation 80 1, , $6, PHASE TOTAL , , $6, Construction Testing 10.1 Laboratory and Field Testing , $2, Manufactured Materials Testing $ PHASE TOTAL , $3, PROJECT TOTALS , , , , , $58, Direct Expenses: Staff Abbreviations: Personal Vehicle Milage: $0.60 per Mile Survey Equipment: $15 per hour Principal = Principal L.S.I 3 = Land Survey Intern 3 Survey Vehicle Milage: $1.00 per Mile CAD computer Time: $5 per hour P.E. 1 = Professional Engineer 1 Tech 6 = Technician 6 Round Trip ~ 70 miles Per Diem ( Meals & Misc): $20 travel day and $30 Non-travel day E.I. 2 = Engineering Intern 2 Tech 8 = Technician 8 Subconsultants: Tech 7 = Technician 7 Assoc 3 = Associate 3 TEAM Services - Geotechnical/Testing Tech 10 = Technician 10 UL Verifications - Electrical/Mechanical November 2014 Prepared by Clapsaddle-Garber Associates, Inc. PN

80 Attachment D Federal Provisions By entering into this Agreement, the Engineer agrees to abide by the Federal Provisions included herein. All references made to Contract shall pertain to Agreement. All references made herein to Contractor shall pertain to Engineer (Clapsaddle-Garber Associates, Inc.). All references made herein to Subcontractor shall pertain to any and all subconsultants under contract with Engineer. All references made herein to Sponsor shall pertain to Owner (City of Newton, Iowa). FEDERAL PROVISIONS REQUIRED FOR ALL A/E CONTRACTS 1 ACCESS TO RECORDS AND REPORTS The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. 2 BUY AMERICAN PREFERENCE The Sponsor and the Contractor hereby agree that none of the deliverables under this Agreement meets the definition of a manufactured product. 3 CIVIL RIGHTS: GENERAL PROVISIONS The contractor agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of This provision also obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport through the Airport Improvement Program, except where Federal assistance is to provide, or is in the form of personal property; real property or interest therein; structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: a. the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the airport sponsor or any transferee retains ownership or possession of the property. D-1 CGA PN

81 4 CIVIL RIGHTS: TITLE VI ASSURANCES Title VI Solicitation Notice: The sponsor, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Title VI Compliance with Nondiscrimination Requirements During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest, agrees as follows: 1. Compliance with Regulations: The Contractor will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this Contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information 5. Sanctions for Noncompliance: In the event of a Contractor s noncompliance with the nondiscrimination provisions of this Contract, the Sponsor will impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a) Withholding payments to the Contractor under the Contract until the Contractor complies; and/or b) Cancelling, terminating, or suspending the Contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with D-2 CGA PN

82 litigation by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Title VI List of Pertinent Nondiscrimination Statutes and Authorities During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest, agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation Effectuation of Title VI of The Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL ), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms programs or activities to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C ) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; The Federal Aviation Administration s Non-discrimination statute (49 U.S.C ) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the Contractor must take reasonable steps to ensure that LEP persons have meaningful access to the Contractor s programs (70 FR to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits the Contractor from discriminating because of sex in education programs or activities (20 U.S.C et seq). D-3 CGA PN

83 5 DISADVANTAGED BUSINESS ENTERPRISES Contract Assurance ( 26.13) The Contractor and its subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the performance of their contracts. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as the Sponsor deems appropriate. Prompt Payment ( 26.29) The Contractor agrees to pay each subcontractor under this Contract for satisfactory performance of its contract no later than ten (10) calendar days from the receipt of each payment the Contractor receives from the Sponsor. The Contractor agrees further to return retainage payments (if any) to each subcontractor within ten (10) calendar days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Sponsor. This clause applies to both DBE and non-dbe subcontractors. 6 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Requirement Federal Fair Labor Standards Act (29 USC 201) 7 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES Federal Agency with Enforcement Responsibilities U.S. Department of Labor Wage and Hour Division The Contractor certifies that by executing the Contract, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certification is a prerequisite for making or entering into this Contract imposed by Title 31, U.S.C., Section Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. D-4 CGA PN

84 8 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Requirement Occupational Safety and Health Act of 1970 (20 CFR Part 1910) 9 RIGHTS TO INVENTIONS Federal Agency with Enforcement Responsibilities U.S. Department of Labor Occupational Safety and Health Administration All rights to inventions and materials generated under this Contract are subject to requirements and regulations issued by the FAA and the Sponsor of the Federal grant under which this Contract is executed. 10 TRADE RESTRICTION CLAUSE The Contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: a) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c) has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the Contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the FAA may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the Contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The Engineer may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. Contractor shall provide immediate written notice to the Sponsor if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the FAA may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information D-5 CGA PN

85 of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, U.S.C., Section ENCOURAGING CONTRACTOR POLICES TO MAN TEXT MESSAGING WHILE DRIVING: (48 CFR Part ) The Contractor under this project must promote policies and initiatives for employees and other work personnel that decrease crashes by distracted drivers, including polices to ban text messaging while driving. The contractor must include these policies in each third party subcontract involved with the project. FEDERAL PROVISIONS REQUIRED FOR ALL A/E CONTRACTS EXCEEDING $10, TERMINATION OF CONTRACT 1. The Sponsor may, by written notice, terminate this Contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice, services must be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this Contract, whether completed or in progress, shall be delivered to the Sponsor. 2. If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price will be made, but no amount will be allowed for anticipated profit on unperformed services. 3. If the termination is due to failure to fulfill the Contractor's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Contractor is to be liable to the Sponsor for any additional cost occasioned to the Sponsor thereby. 4. If, after notice of termination for failure to fulfill contract obligations, it is determined that the Contractor had not so failed, the termination will be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price will be made as provided in paragraph 2 of this clause. 5. The rights and remedies of the Sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this Contract. FEDERAL PROVISIONS REQUIRED FOR ALL A/E CONTRACTS EXCEEDING $25, CERTIFICATE REGARDING DEBARMENT AND SUSPENSION By submitting a Contract for execution by the Sponsor, the Contractor certifies that at the time the Contractor submits said Contract that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. Certification Regarding Debarment and Suspension (Contractor Regarding Lower Tier Participants) The Contractor, by administering each lower tier subcontract that exceeds $25,000 as a covered transaction, must verify each lower tier participant of a covered transaction under the project is not D-6 CGA PN

86 presently debarred or otherwise disqualified from participation in this federally assisted project. The Contractor will accomplish this by: 1. Checking the System for Award Management at website: 2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension, above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract. If the FAA later determines that a lower tier participant failed to tell a higher tier that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy, including suspension and debarment. FEDERAL PROVISIONS REQUIRED FOR ALL A/E CONTRACTS EXCEEDING $100, BREACH OF CONTRACT TERMS Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. 15 CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: 1. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; 2. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; 3. That, as a condition for the award of this Contract, the Contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; 4. To include or cause to be included in any construction contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. 16 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. D-7 CGA PN

87 In the event of any violation of the clause set forth in paragraph (1) above, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3. Withholding for Unpaid Wages and Liquidated Damages. The FAA or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same Contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. 4. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. D-8 CGA PN

88 City of Newton Council Report Item: Resolution authorizing the 2015 Park Fee Schedule. Summary: Fees were approved on November 19, 2014 by the Newton Park Board. Financial Impact: An increase in revenue is expected for golf, pool, and park shelters. Report Number: Date: December 1, 2014 Lead Department: Public Works Recommendation: Approve Background The goal of Staff is to analyze Park fees during the fall at least every 2 years. Rate adjustments are effective January 1 st so the revenues are available for next season. Timing is especially important for marketing and reservation purposes. The proposed fee changes were discussed and approved at the November 19, 2014 Park Board meeting. Westwood Golf To counteract the continuation of a declining Golf Fund Balance, the following golf fees are proposed to be increased in 2014: Increase green fees by $1.00 to $3.00. Increase daily trail fee by $1.00 and increase the annual trail fee by $ Raise all membership rates by approximately 5%. The 10-punch passes were adjusted so that the price of a 10 punch pass equals 8.5 times the individual fee. Attached is a Projected Westwood Golf Fund Balance prepared November, Pool There are no major changes to the pool fee schedule. The only proposed change is raising the evening pool party rate by $5.00 to a fee of $ The pool is scheduled to open every day at 1:00 p.m. in Last year, the pool opened at 1:00 p.m. on weekdays and at noon on the weekends, which caused confusion. With open swim starting a 1 pm on the weekends, lap swim will be offered from noon to 1:00 p.m. on Saturdays. Lap swim at noon during the weekdays was very popular last year.

89 Shelter and Other Fees Rental fees for Sunset, Maytag West, Maytag South, and Woodland Park shelters will be increased by $5.00. Adult softball fees will be increased $3.00 per team per game. A new fee of $26.00 per game with umps has been added for This will allow leagues the option of each team providing their own umps or having part-time City employees ump games. Many teams, particular those associated with the Men s League, have requested this service. Union Cemetery Fees There are no proposed changes in fees at the cemetery. Recommendation City Staff recommends adoption of the Resolution approving the 2015 Park Fee Schedule, to be effective January 1, Robert L. Knabel City Administrator Attachments

90 RESOLUTION NO RESOLUTION AUTHORIZING THE 2015 PARK FEE SCHEDULE WHEREAS, the City of Newton, Iowa charges fees for certain services provided by the Park and City Grounds Division; and WHEREAS, fees were reviewed by staff as part of the budget preparation process and the following schedule of 2015 Proposed Park Fees were approved by the Park Board Proposed Golf Fees Golf Green Fees 2014 Fee 2015 Fee Last Changed 18 Holes Week day $ $ Holes Weekend $ $ Hole Week Day $ $ Holes Weekend $ $ Punch Pass-18 $ $ Punch Pass-9 $ $ extra holes $ 5.00 $ Golf Cart Fees 2014 Fee 2015 Fee Last Changed Cart 18 $ $ Cart 9 $ $ Cart Rental $ $ Punch Pass-18 $ $ Punch Pass-9 $ $ Daily Trail Fee $ $ Annual Trail Fee $ $ Gas Cart Storage $ $ Electric Cart Storage $ $ Golf Membership Fees 2014 Fee 2015 Fee Last Changed Couple $ $ 1, Adult Single $ $ Senior Couple (65 and older as of Jan 1st) $ $ Senior Single (65 and older as of Jan 1st) $ $ Youth (21 and younger as of Jan 1st) $ $ Young Professional (ages 22-35) $ $ Young Professional Couple (ages 22-35) $ $ Golf Range Fees 2014 Fee 2015 Fee Last Change One Time $ 7.00 $ Membership $ $ Shelter Rentals 2014 Fee 2015 Fee Last Changed Shelter Houses-Aurora and Log Cabin (half day) $ Sunset Shelter $ South Shelter $ West Shelter (half day) $ Woodland Park (half day) $ The Pool Pavilion $ Band shell (half day) $ Band shell (Special Event) $ Firewood 2014 Fee 2015 Fee Last Changed Fire Wood (per pick-up load)*** $ $60.00 **** City staff will cut to approximate 5 foot lengths, buyer to load and haul Fields 2014 Fee 2015 Fee Last Changed Adult Softball Leagues (per team per game) $ Adult Softball Leagues with Ump (per team per game) Athletic Field Rental (all day) $ Athletic Field Rental (per hour) $ Softball Complex Field Lights (per hour) $ Woodland Field Lights (per hour) $ ** fee for lights is in addition to field rental fee Pool 2014 Fee 2015 Fee Last Changed Daily fee $ 4.50 $ Lap Swim (Monday-Saturday noon to 1:00 p.m.) $ 2.00 $ Single Season Pass $ $ Two Person Season Pass $ $ Three Person Season Pass $ $ Four Person Season Pass $ $ Five Person Season Pass $ $ Six Person Season Pass $ $ Seven Person Season Pass $ $ Evening Pool Party $ $ Morning Pool Party $ $ Party Space Rental with no cake (up to 15 people) $ - $ Party Space Rental with cake (up to 15 people) $ - $ Punch pass (valid for 10 admissions) $ $ Replacement Pool Pass $ 5.00 $ Swim Lessons $ $ ***Season Passes can be used for lap swim 2015 Proposed Park Fees Pool Hours Monday Tuesday Wednesday Thursday Friday Saturday Sunday :00 p.m. to 9:00 p.m. 1:00 p.m. to 6:30 p.m. 1:00 p.m. to 9:00 p.m. 1:00 p.m. to 6:30 p.m. 1:00 p.m. to 6:30 p.m. 1:00 p.m. to 6:30 p.m. 1:00 p.m. to 5:00 p.m. Pool parties are available every night of the week except for Monday and Wednesday prior to August 1st, Sundays from 5:15-7:15 p.m. and 7:30-9:30 p.m., and mornings from 10:00-12:00 a.m. (when available) Pool will close at 5:00 p.m. every night of the week starting on August 1st NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Newton, Iowa that the proposed 2015 Park Fee Schedule be adopted. PASSED this day of December APPROVED this day of December ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

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92 City of Newton Council Report Item: Resolution approving the installation of a single temporary directional sign as official City signage for the Fountain Hills Subdivision within the north right-of-way for South 12 th Avenue West located in the 1900 Block. Summary: The proposed signage would be located within the City ROW, but outside of the Iowa DOT ROW. The signage would direct visitors to the Fountain Hills Subdivision and would be authorized until June 30, Financial Impact: None. Report Number: Date: December 1, 2014 Lead Department: Planning & Zoning Recommendation: Approval Summary: The City has been approached about installing a temporary 4 foot by 4 foot sign directing visitors to the Fountain Hills Subdivision. The proposed sign would be located within the City of Newton right-of-way for South 12 th Avenue West and would not be located within the Iowa DOT right-of-way for Highway 14. The sign costs would be covered by the realtor handling the marketing of the homes in subdivision. Establishment of Unique Circumstance: When making a determination that a sign should be designated an official City sign, the governing body should take the time to establish how the situation at hand is unique and not generally applicable across the board. In the case of signage, it would not be desirable to approve something that would generally need to be approved for every future similar request, thus leading to sign clutter in the community. The adopted sign ordinance does not allow for private signage to be located within the rightof-way. In addition, the sign ordinance does not allow for off-premise signage. However, directional signage to City property, facilities, parks, etc. is allowable. The Fountain Hills Subdivision is a unique development that involves a public-private partnership. The City owned the lots and worked with a developer to see those lots developed. The City still maintains ownership of the bulk of the property. In addition, a private realtor is involved in the marketing of the lots. The private realtor requested consideration of the signage proposal. The City s ownership involvement with the subdivision establishes a uniqueness that could not be generally applied to other developments throughout the City. Placement and Content of the Sign: The Engineering department has reviewed the proposal from the realtor. The approximate location, as shown on the attached map, is just west of West 19 th Street South and located on the north side of the City road right-of-way for

93 South 12 th Avenue West. This location is outside of the Iowa DOT right-of-way. The realtor, or realtor s sign contractor, would be requested to coordinate the final location with the City of Newton Engineer prior to any installation work. In addition, Iowa One Call would need to be contacted before any installation. The applicant proposes to install a sign no greater than 4 foot by 4 foot. The signage would not include any private logos or promotional information. The realtor proposed the text of the sign to include Fountain Hills and New Homes for Sale and an arrow directing the motorist forward. It would be desirable to place a time limit upon the duration in which the sign can remain at the location. Staff has recommended, and included in the text of the resolution, that the sign be authorized until the June 30, 2017, a date aligning with the approximate completion of the 3 year Housing Initiative. Recommendation: Staff recommends approval of the resolution approving the installation of temporary directional signage for the Fountain Hills Subdivision. Robert L. Knabel City Administrator Attachments

94 Location Map Approximate Sign Location

95 RESOLUTION NO RESOLUTION APPROVING THE INSTALLATION OF A SINGLE TEMPORARY DIRECTIONAL SIGN AS OFFICIAL CITY SIGNAGE FOR THE FOUNTAIN HILLS SUBDIVISION WITHIN THE NORTH RIGHT-OF-WAY FOR SOUTH 12 TH AVENUE WEST LOCATED IN THE 1900 BLOCK. WHEREAS, the City of Newton took ownership of the Fountain Hills Subdivision and partnered with a developer for the construction of new homes, and WHEREAS, there is an identified need for improved directional signage to the Fountain Hills Subdivision and WHEREAS, a sign no greater than 4 foot by 4 foot in size and containing to private logos or advertising may be located within the north right-of-way for South 12 th Avenue West until June 30, 2017, and, NOW, THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa, that the Fountain Hills directional sign located in the 1900 Block of South 12 th Avenue West is considered Official City Signage due to the City s ownership involvement with the development and may be erected until June 30, PASSED this day of December APPROVED this day of December ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

96 City of Newton Council Report Item: Resolution approving the purchase of real estate at 221 East 4 th Street South for the D&D Program. Summary: Through Housing Initiative, the removal of low-condition buildings is a priority. The City acquires low-conditioned buildings for the purpose of demolition. The subject home is currently abandoned. Financial Impact: $ 6,000 purchase price Report Number: Date: December 1, 2014 Lead Department: Planning & Zoning Recommendation: Approval Summary: The City has the opportunity to move forward with neighborhood improvements under the D&D Program with the purchase of 221 East 4 th Street South that has a lowconditioned building. Housing Initiative Programs: As part of the Housing Initiative, money has been allocated for the removal of low-conditioned buildings through two methods - the Notice and Order Process spelled out by the 1997 Uniform Code for the Abatement of Dangerous Buildings and the D&D Program. Staff uses visibility, benefit to surrounding neighborhood, negotiated price, and redevelopment potential as criteria to determine if a property should be pursued through D&D. Analysis of the Nationwide Purchase: City Staff has successfully negotiated a purchase price of $6,000 for 221 East 4 th Street South. The purchase price is consistent with previous purchases and continues to establish a low value for these properties by being under its assessed value. The assessed land value for the property is $8,940, and the total assessed value for the property is $17,980. The demolition bids will be coming to the City Council at a later date. The subject property is currently vacant and has been the source of numerous nuisance complaints this year. Summary of D&D and N&O Expenses from Housing Initiative: To date, the City has proceeded with 27 properties under the D&D, either moving toward demolitions or already torn down. To date, the City has spent approximately $372,000 out of the $1.1 million allocated to the project coming for this portion of the Housing Initiative. The City has agreed to sell two D&D properties this year, returning $6,000 to the demolition fund.

97 The City has assessed, or has initiated the assessment process, for a total amount $60, for eight Notice and Order properties. These are properties that the City does not assume ownership. The attached map of the community shows where the activity over the past two years has occurred and the manner in which the dilapidated structure was addressed or is being addressed. Recommendation: Staff recommends approval of the purchase agreement for the Franklin C. George property at 221 E 4 th ST S, Newton for $6,000. Robert L. Knabel City Administrator Attachments

98 Property Photo 221 East 4th Street South

99 RESOLUTION NO RESOLUTION APPROVING THE PURCHASE OF REAL ESTATE AT 221 EAST 4 TH STREET SOUTH FOR THE NEWTON D&D PROGRAM WHEREAS, the City of Newton has established a Dangerous and Dilapidated Building Program through which it acquires real estate for sale and redevelopment, and, WHEREAS, the purchase of below described real estate at 221 East 4 th Street S in Newton is in conformance with the program objectives and policies, and WHEREAS, Franklin C. George is the owner of the described real estate and has agreed to sell the property to the City of Newton, and, NOW, THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa: That the acquisition of the real estate at 221 East 4 th Street South, legally described as: THE SOUTH ONE HALF OF LOT 8 BLOCK 24 OF THE ORIGINAL PLAT IN THE CITY OF NEWTON, JASPER COUNTY, IOWA. from Franklin C. George for the sum of $6,000 is hereby approved and that the City Administrator is authorized to execute said Agreement, and BE IT FURTHER RESOLVED by the City Council of Newton, Iowa: That the City Administrator is authorized to solicit bids for the demolition of the structure(s) on said lots. PASSED this day of December APPROVED this day of December ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

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102 E 19 ST N E 12 ST S S 4 AVE W N 2 AVE W N 4 AVE E HWY 14 S S 5 AVE W W 11 ST S N 8 AVE E N 4 AVE W W 7 ST S W 6 ST S E 7 ST PL S HWY F-48 W E 8 ST S S 3 AVE W 1 AVE E UNION DR S 8 AVE E EMERSON HOUGH AVE S 3 AVE E S 5 AVE E N 6 AVE W N5AVEW S 7 AVE E E 15 ST N N 7 AVE W N 6 AVE E E 7 1/2 ST N N 15 AVE W N 5 AVE E HWY 14 N S 2 AVE W E 21 ST N S 6 AVE W W 4 ST S W 5 ST S S 6 AVE E W 3 ST N N 3 AVE E W 7 ST N S 11 AVE E E 5 ST N E 11 ST S W 3 ST PL N E 4 ST N S 4 AVE E E 4 1/2 ST S E 4 ST S N 2 AVE E E 3 ST N W 14 ST S N 3 AVE W E 2 ST S S 2 AVE E N 1 AVE E HIGHVIEW DR N 11 AVE E CARDINAL CT N 9 AVE E E 17 ST S W 4 1/2 ST S E 10 ST N E 8STN N 7 AVE E BIRDLANDDR E 11 ST N N 13 AVE W S 4 AV PL E E 9 ST N W 15 ST S N 9 AVE W W 16 STS SOUTHHAMPTON CT S 12 AVE E MONROE DR E 12 ST PL N E 13 ST N E 14 ST N BUNGALOW CT GLENWAY DR S 7 AVE W LARCHWOOD CT WOODLAND DR N 8 AV PL E E 15 ST S W 15 ST N W 12 ST S S 10 AVE E W 18 ST S GOLF VIEW LN E 7 ST S E 6 ST S N 13 AVE E W 10 ST S E 5 ST S N 15 AVE E 1 AVE W W 3 ST S W 8 ST N S 11 AVE W W 13 ST S W 9 ST N E 14 ST S W 22 ST S HARTWIG WY N 10 AVEE 1 ST N E 20 ST N E 16 ST N N 9 AV PL E W 9 ST S E 10 ST S W 8 ST S W 15 ST PL N E 2 ST N E 3 ST S W 2 ST S 1 ST S E 7 ST N W 2 ST N W 10 ST N W 13 ST N E 6 ST N E 22 ST S E 17 ST N W 11 ST N E 19 ST S E 14 ST PL N E 20 ST S E 21 ST S E 18 ST N W14 ST N W 4 ST N W 16 ST N THOMAS JEFFERSON DR ± City of Newton Corporate Limits MAP KEY Housing Initiative Locations STATUS D&D ACQUISITION NOTICE AND ORDER 657 A COURT PETITION City of Newton, Iowa Housing Initiative Program

103 City of Newton Council Report Item: Resolution approving the purchase of real estate at 1124 South 5 th Avenue East for the D&D Program. Summary: Through Housing Initiative, the removal of low-condition buildings is a priority. The City acquires low-conditioned buildings for the purpose of demolition. The subject home is currently abandoned. Financial Impact: $ 5,000 purchase price Report Number: Date: December 1, 2014 Lead Department: Planning & Zoning Recommendation: Approval Summary: The City has the opportunity to move forward with neighborhood improvements under the D&D Program with the purchase of 1124 South 5 th Avenue East that has a lowconditioned building. Housing Initiative Programs: As part of the Housing Initiative, money has been allocated for the removal of low-conditioned buildings through two methods - the Notice and Order Process spelled out by the 1997 Uniform Code for the Abatement of Dangerous Buildings and the D&D Program. Staff uses visibility, benefit to surrounding neighborhood, negotiated price, and redevelopment potential as criteria to determine if a property should be pursued through D&D. Analysis of the Nationwide Purchase: City Staff has successfully negotiated a purchase price of $5,000 for 1124 S 5 th Avenue E. The purchase price is consistent with previous purchases and continues to establish a low value for these properties by being under its assessed value. The assessed land value for the property is $15,740, and the total assessed value for the property is $65,910. The demolition bids will be coming to the City Council at a later date. The subject property is currently vacant and has been the source of numerous nuisance complaints this year. Summary of D&D and N&O Expenses from Housing Initiative: To date, the City has proceeded with 27 properties under the D&D, either moving toward demolitions or already torn down. To date, the City has spent approximately $372,000 out of the $1.1 million allocated to the project coming for this portion of the Housing Initiative. The City has agreed to sell two D&D properties this year, returning $6,000 to the demolition fund.

104 The City has assessed, or has initiated the assessment process, for a total amount $60, for eight Notice and Order properties. These are properties that the City does not assume ownership. The attached map of the community shows where the activity over the past two years has occurred and the manner in which the dilapidated structure was addressed or is being addressed. Recommendation: Staff recommends approval of the purchase agreement for the Nationwide Advantage Mortgage Company property at 1124 S 5 th Avenue E, Newton for $5,000. Robert L. Knabel City Administrator Attachments

105 Property Photos 1124 S 5 th Avenue E

106 RESOLUTION NO RESOLUTION APPROVING THE PURCHASE OF REAL ESTATE AT 1124 SOUTH 5 TH AVENUE EAST FOR THE NEWTON D&D PROGRAM WHEREAS, the City of Newton has established a Dangerous and Dilapidated Building Program through which it acquires real estate for sale and redevelopment, and, WHEREAS, the purchase of below described real estate at 1124 South 5 th Avenue East in Newton is in conformance with the program objectives and policies, and WHEREAS, Nationwide Advantage Mortgage Company is the owner of the described real estate and has agreed to sell the property to the City of Newton, and, NOW, THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa: That the acquisition of the real estate at 1124 South 5 th Avenue East, legally described as: LOT FOUR, SUBDIVISION OF BLOCK V JONES SUBDIVISION IN THE CITY OF NEWTON, JASPER COUNTY, IOWA, AS APPEARS IN PLAT BOOK J AT PAGE 82 (NOW SHOWN IN PLAT CABINET A AT PAGE 185) IN THE OFFICE OF THE RECORDER OF SAID COUNTY, from Nationwide Advantage Mortgage Company for the sum of $5,000 is hereby approved and that the City Administrator is authorized to execute said Agreement, and BE IT FURTHER RESOLVED by the City Council of Newton, Iowa: That the City Administrator is authorized to solicit bids for the demolition of the structure(s) on said lots. PASSED this day of December APPROVED this day of December ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

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