Scott Hutchens, WRA Director SUBJECT: October 2020 Agenda Overview DATE: October 16, 2020

MEMORANDUM

TO: Honorable Chair & WRA Board Members FROM: Scott Hutchens, WRA Director SUBJECT: October 2020 Agenda Overview DATE: October 16, 2020

The Honorable Chair and Members of the WRA Board,

The items before you at the upcoming WRA Board Meeting include the approval of purchasing replacement flow monitoring equipment for the WRA Conveyance System (Item 12) and the approval of the purchase of software maintenance and support for the WRA’s Enterprise Asset Management system (Item 16). Also included in the agenda is one item for accepting completed construction of a WRA improvement (Items 19), and an item related to setting a hearing for the acquisition of property for a WRA improvements (Item 18).

Additionally, at the end of the agenda is an item approving a Chapter 28E agreement with the City of Grimes for the financing, design, and construction of a sewer that will connect Grimes to the WRA system (Item 22) and an item to hold a hearing to lease a portion of WRA-owned property to Warren County for a purpose that is beneficial to the public (Item 21).

Please feel free to contact me or any member of the Operating Contractor’s Staff with any questions or concerns you may have.

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NOTICE OF MEETING Des Moines Metropolitan Wastewater Reclamation Authority Board Tuesday, October 20, 2020 @ 1:30 P.M.

MEETING LOCATION: ADMINISTRATION BUILDING WASTEWATER RECLAMATION FACILITY 3000 VANDALIA ROAD DES MOINES, IOWA

Iowa Code Section 21.4 requires that each Des Moines Metropolitan Wastewater Reclamation Authority meeting shall be held at a place reasonably accessible to the public and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impracticable. Given Section One of the Governor’s October 16, 2020 Proclamation strongly encouraging vulnerable Iowans to limit participation in gatherings of any size and any purpose during the COVID19 outbreak and further given Section 109 of the Governor’s October 16, 2020 Proclamation suspending the regulatory provisions of Iowa Code §§ 21.8, 26.12, and 414.12, or any other statute imposing a requirement to hold a public meeting or hearing, the Des Moines Metropolitan Wastewater Reclamation Authority has determined that a meeting at a physical place is impossible or impracticable and all Board meetings for the time being will be conducted electronically with the public allowed to attend per the instructions on this agenda. Meeting minutes will continue to be provided per the WRA’s normal course of business.

The Des Moines Metropolitan Wastewater Reclamation Authority Board will be participating via the information provided below:

The public can participate by using the information below REMOTE PARTICIPATION INFORMATION Dial: +1 (855) 749-4750 Meeting Number: 133 945 7742

AGENDA

ITEM 1: Call to Order

ITEM 2: Roll Call

ITEM 3: Approving Agenda, as Presented and/or as Amended

ITEM 4: Public Comment

* * * * * * * * * * * * * * * * * * * * * * * * * * * Note: These are routine items and will be enacted by one roll call vote without separate discussion unless someone, Board or public, requests an item be removed to be considered separately.

ITEM 5: APPROVING CONSENT AGENDA – Items 5 through 19:

ITEM 6: Consideration of the Minutes of the September 15, 2020, meeting of the WRA Board - Action for Approval

ITEM 7: Receipt of the Minutes of the August 11, 2020, meeting of the WRA Technical Committee - Action/Receive & File

ITEM 8: Receipt of the Minutes of the September 29, 2020, meeting of the WRA Finance Committee - Action/Receive & File

ITEM 9: Receipt of the Minutes of the October 5, 2020, special meeting of the WRA Board – Action for Approval

ITEM 10: Receipt of the Draft Minutes of the October 13, 2020, meeting of the WRA Technical Committee - Action/Receive & File

APPROVING

ITEM 11: Resolution Approving WRA Schedule of Bills for September 2020

ITEM 12: Resolution Approving the Procurement of Replacement Flow Monitoring Equipment from Teledyne Instruments, Inc. at a Total Cost of $441,414.77

ITEM 13: Resolution Amending Resolution No. 18-152 Approved on November 15, 2018, Said Resolution Approving and Authorizing a Loan and Disbursement Agreement by and Between the Des Moines Metropolitan Wastewater Reclamation Authority and the Iowa Finance Authority and Authorizing and Providing for the Issuance of the $8,000,000 Sewer Revenue Bond, Taxable Series 2018D-2, in Order to Provide for the Funding of WRA Sugar Creek Sponsored Project Improvements – Phase 1 Under the Terms of a New Taxable Series 2018D-2 Bond to be Issued in the Principal Amount of $8,281,000

ITEM 14: Resolution Declaring an Official Intent Under Treasury Regulation 1.150-2 to Issue Debt to Reimburse the Des Moines Metropolitan Wastewater Reclamation Authority for Certain Original Expenditures Paid in Connection with Proposed Project

ITEM 15: Increasing Authorization for Hall & Associates in Providing Representation on Issues Arising Under the Clean Water Act

ITEM 16: Resolution Approving and Authorizing the Purchase of Annual Software Maintenance and Support for the Wastewater Reclamation Facility Enterprise Asset Management System with Infor Global Solutions for $70,236.84

PUBLIC IMPROVEMENT

ITEM 17: Resolution Approving and Authorizing Execution of Supplemental Agreement No. 3 to the Professional Services Agreement with HR Green, Inc. for Additional Construction Phase Services Associated with the WRA Eastside Interceptor, Phase 27, Segments 6 – 8 in an Amount Not to Exceed $95,000.00

ITEM 18: Resolution Setting Hearing on the Intent to Acquire Agricultural and Other Property for Sanitary Sewer Improvements and Authorize Acquisition of the Necessary Property Interests Thereof from Various Property Owners for the WRA Southern Tier Interceptor – Phase 10, Segment 24 by Gift, Negotiation, or Eminent Domain

ITEM 19: Accepting Completed Construction and Approving Final Payment for WRA Beaver Creek Interceptor Sheet Piling Stabilization, Peterson Contractors, Inc.

WRA DIRECTOR COMMUNICATIONS & REPORTS

ITEM 20: Resolution to Receive and File the Following Reports from the WRA Director A. Change Order Register Report B. Consultant Contracts Under $100,000 Report C. Construction Related Claim Settlements Report D. Industrial Waste Ordinance Update E. WRA Contract Status Update

* * * * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * *

HEARINGS

ITEM 21: Hold Hearing to Lease a Portion of the Norwalk Equalization Basin Located at 7100 Dubuque Trail, Norwalk, Iowa to Warren County, Iowa and to Approve Lease Agreement, Including a Right of First Offer Therein

APPROVING

ITEM 22: Resolution Approving and Authorizing Execution of a Chapter 28E Agreement Between the Des Moines Metropolitan Wastewater Reclamation Authority and the City of Grimes for the Financing, Design, and Construction of an Interceptor Sewer to Connect Grimes to the WRA Conveyance System

OTHER ITEMS

ITEM 23: Selection of Nominating Committee

ITEM 24: Other Business

ITEM 25: Adjourn

The Des Moines Metropolitan Wastewater Reclamation Authority Board Meetings are open to all individuals regardless of disability. To better serve you, please notify us at least three business days in advance when possible at 515-323-8000 should special accommodations be required.

***Next Regular Meeting Scheduled for*** 1:30 PM, Tuesday, November 17, 2020 Administration Building, Wastewater Reclamation Facility 3000 Vandalia Road, Des Moines, IA 50317 ITEM 6 NOTICE OF MEETING Des Moines Metropolitan Wastewater Reclamation Authority Board Tuesday, September 15, 2020 @ 1:30 P.M.

MEETING LOCATION: ADMINISTRATION BUILDING WASTEWATER RECLAMATION FACILITY 3000 VANDALIA ROAD DES MOINES, IOWA

Iowa Code Section 21.4 requires that each Des Moines Metropolitan Wastewater Reclamation Authority meeting shall be held at a place reasonably accessible to the public and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impracticable. Given Section One of the Governor’s August 21, 2020 Proclamation strongly encouraging vulnerable Iowans to limit participation in gatherings of any size and any purpose during the COVID19 outbreak and further given Section 110 of the Governor’s August 21, 2020 Proclamation suspending the regulatory provisions of Iowa Code §§ 21.8, 26.12, and 414.12, or any other statute imposing a requirement to hold a public meeting or hearing, the Des Moines Metropolitan Wastewater Reclamation Authority has determined that a meeting at a physical place is impossible or impracticable and all Board meetings for the time being will be conducted electronically with the public allowed to attend per the instructions on this agenda. Meeting minutes will continue to be provided per the WRA’s normal course of business.

ITEM 1: Call to Order

Paul Moritz, Chairperson, called the September 15, 2020, Board meeting to order at 1:30 p.m.

ITEM 2: Roll Call

Board Members in Attendance Vern Willey, Altoona* Paul Moritz, Ankeny Michael McCoy, Clive* Joe Gatto, Des Moines* Linda Westergaard, Des Moines* Jim Sanders, Johnston* Wayne Swartz, Norwalk * Sara Kurovski, Pleasant Hill* Chelsea Huisman, Polk City* E. J. Giovannetti, Polk County* Joe Sassatelli, Urbandale Sanitary Sewer District* John Garvey, Urbandale-Windsor Heights Sanitary Sewer District * Tim Moerman, Waukee* Jody Smith, West Des Moines* Tom Hadden, West Des Moines*

Others in Attendance James Beck, Operating Contractor

5 of 110 Lindze Pogue, Operating Contractor Scott Hutchens, Operating Contractor Roxane Vaughan, Operating Contractor Kathy Vanderpool, Operating Contractor* Sarah Wendler, Brick Gentry, P.C * Matt Stoffel, PFM* Nick Schaul, Des Moines*

*Participated in the meeting via telephone due to the fact that it was impractical or impossible to participate in the meeting in person.

ITEM 3: Approving Agenda, as Presented and/or as Amended

Vern Willey made the motion to approve the agenda. The motion was seconded by Sarah Kurovski. All in favor.

ITEM 4: Public Comment

No public comment.

* * * * * * * * * * * * * * * * * * * * * * * * * * *

ITEM 5: APPROVING CONSENT AGENDA – Items 5 through 11:

Scott Huchens explained that the operating contractor would like to pull Item 7 for later consideration.

Jim Sanders made a motion to approve Items 5 through 11, with Item 7 removed for later consideration. Linda Westergaard seconded the motion. Motion carried 13-0. The following members voted yea on Items 5 through 11, with 7 removed. Willey, Moritz, McCoy, Westergaard, Sanders, Kurovski, Huisman, Giovannetti, Sassatelli, Garvey, Moerman, Smith, and Hadden. Members voted nay: none.

ITEM 6: Consideration of the Minutes of the August 18, 2020 meeting of the WRA Board - Action for Approval

APPROVING

ITEM 7: Resolution Approving WRA Schedule of Bills for August 2020

Scott Hutchens explained that he received some feedback questions from board member Jody Smith and that his questions were why there is not an estimate under the Pilot payments this month and why there are two items that are labeled radios.

Roxane Vaughan answered the questions by saying that the Pilot and the Indirect are usually a monthly charge, however, the dollar amount changes every fiscal year. For the Indirect Allocation, the WRA has been using is the estimate for last year, and that cash has transferred from the WRA to the City. Regarding the Pilot, the City has not calculated it, therefore, the cash has not transferred to the City for payment. There are several entities in the City that pay this Pilot charge. As soon as this gets calculated there will be an expenditure for it, most likely the first three months will be paid at once. She continued to talk about the radios. She explained that the bottom line for telephones and radios is a monthly amount that is there all year long, an average estimate. At year end,

6 of 110 there is a final review and any adjustments will be charged at that time. Last year however, the WRA was only paying monthly for telephone service, the radios were not included in that amount. So, the $19,000 that you see is for the entire year for radios, and the balance after the year-end review. This year, you will see a monthly allocation for the estimated amount for telephone and radios combined.

There were no additional questions. Jody Smith did suggest that the information be reviewed in detail with the Finance Committee, as well as some Fleet charges.

Sara Kurovski made a motion to approve Item 7. Joe Gatto seconded the motion. Motion carried 13-0. The following members voted yea on Items 5 through 11, with 7 removed. Willey, Moritz, McCoy, Westergaard, Sanders, Kurovski, Huisman, Giovannetti, Sassatelli, Garvey, Moerman, Smith, and Hadden. Members voted nay: none.

ITEM 8: Resolution Setting Hearing to Lease a Portion of the Norwalk Equalization Basin Located at 7100 Dubuque Trail, Norwalk, Iowa to Warren County, Iowa and to Approve Lease Agreement, Including a Right of First Offer Therein

PUBLIC IMPROVEMENT

ITEM 9: Resolution Approving Change Order No. 9 for the WRA Eastside Interceptor, Phase 27, Segment 5 Project in the Amount of $196,212.63

ITEM 10: Accepting Completed Construction and Approving Final Payment for WRF Blended Sludge Pump Replacement, Dean Snyder Construction Co.

WRA DIRECTOR COMMUNICATIONS & REPORTS

ITEM 11: Resolution to Receive and File the Following Reports from the WRA Director A. Change Order Register Report B. Consultant Contracts Under $100,000 Report C. Construction Related Claim Settlements Report D. Industrial Waste Ordinance Update E. WRA Contract Status Update F. WRA Treasurer’s Report for June 30, 2020

* * * * * * * * * * * * END CONSENT AGENDA * * * * * * * * * * *

OTHER ITEMS

ITEM 12: WRA Strategic Plan Update

Scott Hutchens highlighted several things in the WRA Strategic Plan Quarterly Review.

ITEM 13: Other Business

Scott Hutchens wanted to touch base with the Board to let them know of the status of the Biogas Offtake Agreement. The WRA is working every day on finalizing the agreements. He was hoping to have something finalized for this meeting; however, it is not.

Scott Hutchens stated that all Board members should have received an email from A.J. Gallagher regarding the risk assessment. It is a short survey; it should take roughly 20-30 minutes. As soon as all have taken it, the results will be calculated, and a report will be given back to the Board.

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Scott Hutchens reported that there has been three positive COVID cases here at the WRA. Everyone has recovered. There have also been two independent contractors that have tested positive. They have also recovered.

Lastly, Scott Hutchens explained that recently the WRA was on the news regarding an odor in Norwalk. The issue is being worked on. The WRA is working with the City of Norwalk, as well as, an odor control company to help alleviate the smell. If anyone has any complaints or questions regarding that, please direct them to Scott. The project that is the cause of this issue is still about eight weeks away from completion.

ITEM 14: Adjourn

Joe Gatto made the motion to adjourn. Chelsea Huisman seconded the motion.

Meeting adjourned at 1:52 p.m.

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DES MOINES WASTEWATER RECLAMTION AUTHORITY TECHNICAL COMMITTEE Meeting Minutes

Des Moines Wastewater Reclamation Facility 3000 Vandalia Road Des Moines, Iowa

August 11, 2020 1:30 p.m.

Iowa Code Section 21.4 requires that each meetings of the Des Moines Metropolitan Wastewater Reclamation Authority shall be held at a place reasonably accessible to the public and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impracticable. Given the Governor's prohibition on gatherings of ten or more persons during the COVID19 outbreak and further given Section Nine of the Governor’s March 19, 2020 proclamation suspending the regulatory provisions of Iowa Code §§ 21.8, 26.12, and 414.12, or any other statute imposing a requirement to hold a public meeting or hearing, the Des Moines Metropolitan Wastewater Reclamation Authority has determined that a meeting at a physical place is impossible or impracticable and all Board meetings for the time being will be conducted electronically with the public allowed to attend per the instructions on this agenda. Meeting minutes will continue to be provided per the WRA’s normal course of business

ITEM 1: Call to Order

David McKay, Chair Person, called the July 14, 2020, Technical Committee meeting to order at 1:30 p.m.

ITEM 2: Roll Call

Technical Committee Members in Attendance Jim Utter, Altoona* Roger McFarland, Ankeny* Eugene Schmitt, Des Moines* Gary Patterson, Pleasant Hill* Bret VandeLune, Polk County* David McKay, Urbandale* Rudy Koester, Waukee* Brian Hemesath, West Des Moines* Larry Hare, WRF*

Others in Attendance James Beck, Operating Contractor Melissa Schlickbernd, Operating Contractor Patrick Brown, Operating Contractor Lindze Pogue, Operating Contractor

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Scott Hutchens, Operating Contractor Roxane Vaughan, Operating Contractor Kyle Wilson, Operating Contractor*

* Participated in the meeting via telephone due to the fact that it was impractical or impossible to participate in the meeting in person.

ITEM 3: Minutes for the July 14, 2020 meeting- Approval

Larry Hare made a motion to approve the minutes of the July 14, 2020 Technical Committee meeting. Roger McFarland seconded the motion. The motion carried unanimously.

ITEM 4: WRF Structure 05 Gate Replacement – Contract Recommendation

James Beck explained that bids were taken on August 4, 2020 and five bids were for the project. Woodruff Construction, LLC was the apparent low bidder at $207,300.00 which is 23.39% lower than the engineer’s estimate. Staff had a chance to talk to Woodruff Construction and they do understand the project requirements, and they are comfortable with their bid. Woodruff has done several projects with the WRA, and Staff feels comfortable recommending awarding them with the contract.

Jim Utter asked why their bid is so much lower than the rest of the bids, when the rest are relatively close. Patrick Brown said that he had a chance to talk to Woodruff Construction about this. According to them this project is small amounts of detailed work spread out over the course of 9 months. Most of this work is coordinating sub-contractors, mobilizing, and demobilizing. They also were seeing a little slow down and wanted the work a little more than the rest.

Jim Utter made a motion to forward the WRF Structure 05 Gate Replacement to the Board for review and approval. Rudy Koester seconded the motion. The motion carried unanimously.

ITEM 5: Industrial Waste Ordinance- Information

Larry Hare reported that there were 30 inspections completed in the month of July. Two economic hardships were submitted and approved, as well as two physical constraints were submitted and approved.

ITEM 6: Contract Status Update – Information

James Beck explained that there were several projects coming off the top of that list as construction is nearing completion. There have been a few more projects that the Board recently approved that have been added to the bottom. The Biogas Project and Eastside Interceptor Project are nearing completion.

ITEM 7: Other Business

Jim Utter asked for an update on the Biogas Project. Scott Hutchens explained that he just had a meeting regarding the offtake agreement. The WRA has received comments from the off-taker and the WRA has made some changes and has sent them back to the off-taker for review. There were very few changes made to the agreement. Scott Hutchens also explained that the company that we have the agreement with, must have buyers set up in Iowa to purchase the gas. Setting up contracts with the buyers has taken some time. There are also a few more things that this company needs to

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do. James Beck added that as far as the physical biogas improvements at the plant, the WRA staff are becoming experts in the production of the biogas and the use of the equipment. The staff has also had a chance to extremely familiar with the equipment for our daily needs and are currently producing gas to specification. Until the agreement is finalized the WRA cannot release it into the pipeline. Jim Utter asked if there was a way we could quantify the gas that we were burning off. Scott Hutchens explained that yes, we are burning it off, since the WRA is not allowed to inject into the pipes until an agreement is in place. He also said that we do know how much the plant is producing and flaring. Jim Utter restated the question by asking if the amount of the gas that we are producing is roughly the same that we had originally thought. James Beck responded saying the WRA knows how much gas is being produced and the annual production is consistent; however, the amount of gas produced does change from day to day, depending on the loads being discharged here at the plant. Over the weekends loads do decrease, therefore the biogas production decreases on the weekends. The WRA has had days that we produce up to max capacity. The WRA currently has had to flare off all that gas, but the benefit of this is the WRA staff is learning and fine tuning the equipment.

Scott Hutchens wanted to touch base on the COVID19 response at the WRA. There are currently no new cases. We are practicing COVID19 procedure and it seems to be doing well.

ITEM 8: Adjourn

Rudy Koester made the motion to adjourn the meeting. The motion was seconded by Bret VandeLune. The motion carried unanimously.

Meeting adjourned at 1:50 p. m.

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NOTICE OF MEETING

Des Moines Metropolitan Wastewater Reclamation Authority Finance Committee Meeting Tuesday, September 29, 2020 @ 11:00 AM

MEETING LOCATION: ADMINISTRATION BUILDING WASTEWATER RECLAMATION FACILITY 3000 VANDALIA ROAD DES MOINES, IOWA

Iowa Code Section 21.4 requires that each Des Moines Metropolitan Wastewater Reclamation Authority meeting shall be held at a place reasonably accessible to the public and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impracticable. Given Section One of the Governor’s August 21, 2020 Proclamation strongly encouraging vulnerable Iowans to limit participation in gatherings of any size and any purpose during the COVID19 outbreak and further given Section 110 of the Governor’s August 21, 2020 Proclamation suspending the regulatory provisions of Iowa Code §§ 21.8, 26.12, and 414.12, or any other statute imposing a requirement to hold a public meeting or hearing, the Des Moines Metropolitan Wastewater Reclamation Authority has determined that a meeting at a physical place is impossible or impracticable and all Finance Committee meetings for the time being will be conducted electronically with the public allowed to attend per the instructions on this agenda. Meeting minutes will continue to be provided per the WRA’s normal course of business.

Jody Smith, Chair, called the September 29, 2020, WRA Finance Subcommittee meeting to order at 11:03 A.M.

Members in Attendance Vern Willey, Altoona * Jennifer Sease, Ankeny* Matt McQuillen, Clive * Nickolas Schaul, Des Moines* Jim Sanders, Johnston* Dena Spooner, Pleasant Hill* Paul Drey, USSD * Tim Moerman, Waukee* Jodi Smith, West Des Moines*

Others in Attendance James Beck, Operating Contractor Scott Hutchens, Operating Contractor Roxane Vaughan, Operating Contractor Lindze Pogue, Operating Contractor* Kathy Vanderpool, Operating Contractor* Johnathan Gano, Operating Contractor* Matt Stoffel, PFM *

12 of 110 Eric Boehlert, Ahlers & Cooney * Jon Burmeister, PFM* Shashi Menon, EcoEngineers * Sheila Tipton, Brown Winick*

*Participated in the meeting via telephone due to the fact that it was impractical or impossible to participate in the meeting in person.

ITEM 1: WRA Renewable Natural Gas Offtake Agreement – Discussion and possible recommendation

Scott Hutchens explained that the agreement is with The Energy Authority (TEA). This is a short-term six-month agreement. After the six-month agreement, the WRA would then go to a month-to-month agreement with this company.

Currently the WRA is producing renewable natural gas that meets the pipeline specifications, but the WRA has a little bit of work verifying the injection process and purging the line. The WRA cannot start that process until an offtake agreement is signed.

The physical gas revenues alone are estimated to be roughly $500,000 in six months. Once the RIN revenues are factored in with the physical gas sales, it is estimated that the WRA will receive around $1,700,000 during the six months. Staff continues to work on a 10-year fixed-price agreement.

Paul Drey asked if we can extend this agreement past the six months, if, for whatever reason, the new long-term offtake agreement isn’t ready. Scott Hutchens responded by saying, yes, this agreement would then switch over to a month-to- month at the end of the six months. We only need to give them a 60-day notice to end the month-to-month. The other company is hoping to get the WRA some documents in October, hopefully to have finalized towards the end of the year.

Scott Hutchens asked for this agreement be recommended to the Board for approval.

Jim Sanders made the motion to approve the agreement and send to the WRA Board for final approval. Tim Moerman seconded the motion. The motion passed 9-0. Committee members voting yea: Willey, Sease, McQuillen, Schaul, Sanders, Spooner, Drey, Moerman, and Smith. Nay: none.

ITEM 2: Other Business

Meeting adjourned at 11:20 A.M.

13 of 110 ITEM 9

NOTICE OF MEETING Des Moines Metropolitan Wastewater Reclamation Authority Board Monday, October 5, 2020 @ 11:00 A.M.

MEETING LOCATION: ADMINISTRATION BUILDING WASTEWATER RECLAMATION FACILITY 3000 VANDALIA ROAD DES MOINES, IOWA

Iowa Code Section 21.4 requires that each Des Moines Metropolitan Wastewater Reclamation Authority meeting shall be held at a place reasonably accessible to the public and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impracticable. Given Section One of the Governor’s September 18, 2020 Proclamation strongly encouraging vulnerable Iowans to limit participation in gatherings of any size and any purpose during the COVID19 outbreak and further given Section 113 of the Governor’s September 18, 2020 Proclamation suspending the regulatory provisions of Iowa Code §§ 21.8, 26.12, and 414.12, or any other statute imposing a requirement to hold a public meeting or hearing, the Des Moines Metropolitan Wastewater Reclamation Authority has determined that a meeting at a physical place is impossible or impracticable and all Board meetings for the time being will be conducted electronically with the public allowed to attend per the instructions on this agenda. Meeting minutes will continue to be provided per the WRA’s normal course of business.

MINUTES

ITEM 1: Call to Order

Paul Moritz, Chairperson, called the October 5, 2020, Board Meeting to order at 11:00 a.m.

ITEM 2: Roll Call

Board Members in Attendance Vern Willey, Altoona* Paul Moritz, Ankeny Michael McCoy, Clive* Linda Westergaard, Des Moines* Joe Gatto, Des Moines* Pam Cooksey, Des Moines* Jim Sanders, Johnston* Wayne Schwartz, Norwalk Sara Kurovski, Pleasant Hill* Chelsea Huisman, Polk City* E. J. Giovannetti, Polk County* Joe Sassatelli, Urbandale Sanitary Sewer District* John Garvey, Urbandale-Windsor Heights Sanitary District* Tim Moerman, Waukee* Jody Smith, West Des Moines* Tom Hadden, West Des Moines*

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Others in Attendance Larry Hare, Operating Contractor* James Beck, Operating Contractor Scott Hutchens, Operating Contractor Roxane Vaughan, Operating Contractor Lindze Pogue, Operating Contractor Sara Wendler, Brick Gentry*

ITEM 3: Approving Agenda, as Presented and/or as Amended

John Garvey made a motion to approve. Linda Westergaard seconded the motion. All in favor.

ITEM 4: Public Comment

No public comment.

* * * * * * * * * * * * * * * * * * * * * * * * * * * APPROVING

ITEM 5: Resolution Approving and Authorizing Execution of a Base Contract for Sale and Purchase of Natural Gas (NAESB), Special Provisions to the Base Contract for Sale and Purchase of Natural Gas, a Biogas Supply Addendum, and a Transaction Confirmation with The Energy Authority, Inc. (TEA) and Authorizing Execution of MidAmerican Energy Company Authorization and Release Agreements

Scott Hutchens explained that there is a company that has offered the WRA a short-term contract for the purchase of the WRA biogas. Scott and other WRA staff have done their due diligence and feel very confident with this company. The agreement is a short-term six-month agreement and there is an option to go month-to-month after the six-month agreement. WRA would have to give a 60-day notice to end the contract after the first six months. During the first six months, the WRA anticipates revenues to be roughly $1,700,000 depending on a number of assumptions.

The goal is that the WRA will have a long-term fixed price agreement at the end of the six months with another entity and the Operating Contractor Staff are currently trying to put something together.

Joe Sassatelli asked if this had passed the finance committee. Scott responded saying that yes, this went to the finance committee at the end of last month. They recommend it for the board. Joe also asked if the $0.73 assumption per RIN is the market rate, what the WRA’s total investment to date on the Biogas Project is, what would be the effective date on this agreement, if approved, and how will WRA receive payment? Scott responded that the $0.73 assumption per RIN was a market spot rate for RINs the day the estimate was put together, that the Biogas Project has cost roughly $19,000,000 to $20,000,000 dollars, that the effective date would be today, that the WRA would be billed monthly for transportation costs from MidAmerican and TEA would be paying the WRA a monthly electronic wire transfer directly to our accounts.

Lastly, Joe asked if the WRA needs to review the budget? Scott Hutchens feels comfortable with the current budget since the WRA budgeted the biogas revenues at $2,800,000 for this fiscal year. During the first six months, revenues are anticipated to be $1,700,000.00.

No other questions.

15 of 110 Joe Gatto made a motion to approve Item 5. Vern Willey seconded the motion. The motion passes 16-0. WRA Board Members that voted yeas: Moritz, Willey, McCoy, Gatto, Westergaard, Cooksey, Sanders, Schwartz, Kurvski, Huisman, Giovannetti, Sassatelli, Garvey, Moerman, Hadden, Smith. Members votes nay: none.

ITEM 6: Resolution Approving Retention of Marty Kenworthy and Kenworthy Law, P.C. to Represent the Des Moines Metropolitan Wastewater Reclamation Authority in the Matter of a Claim Related to Construction

Scott Hutchens stated that Board Members should have received a confidential email regarding this.

Tom Hadden made a motion to approve Item 6. Joe Sassatelli seconded the motion. The motion passes with a 16-0 vote. WRA Board Members that voted yeas: Moritz, Willey, McCoy, Gatto, Westergaard, Cooksey, Sanders, Schwartz, Kurvski, Huisman, Giovannetti, Sassatelli, Garvey, Moerman, Hadden, Smith. Members votes nay: none.

OTHER ITEMS

ITEM 7: Other Business

Scott Hutchens addressed a complaint that the WRA has received about an order near Norwalk. He wanted to let everyone know that the issue is being worked on and that the WRA has contacted an odor control company. They are currently treating the diverted water for the smell. The project is ongoing; however, it should be completed around the beginning of November. The WRA is addressing all complaints.

ITEM 8: Adjourn

Tom Hadden made a motion to adjourn the October 5, 2020 Special Board Meeting, Sara Kurovski seconded that motion.

Meeting adjourned.

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DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY TECHNICAL COMMITTEE MEETING

Des Moines Metropolitan Wastewater Reclamation Facility 3000 Vandalia Road Des Moines, Iowa

October 13, 2020 1:30 PM

Iowa Code Section 21.4 requires that each Des Moines Metropolitan Wastewater Reclamation Authority meeting shall be held at a place reasonably accessible to the public and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impracticable. Given Section One of the Governor’s September 18, 2020 Proclamation strongly encouraging vulnerable Iowans to limit participation in gatherings of any size and any purpose during the COVID19 outbreak and further given Section 113 of the Governor’s September 18, 2020 Proclamation suspending the regulatory provisions of Iowa Code §§ 21.8, 26.12, and 414.12, or any other statute imposing a requirement to hold a public meeting or hearing, the Des Moines Metropolitan Wastewater Reclamation Authority has determined that a meeting at a physical place is impossible or impracticable and all Technical Committee meetings for the time being will be conducted electronically with the public allowed to attend per the instructions on this agenda. Meeting minutes will continue to be provided per the WRA’s normal course of business.

MINUTES

ITEM 1: Call to Order

David McKay, Chairperson, called the October 13, 2020, Technical Committee meeting to order at 1:32 p.m.

ITEM 2: Roll Call

Technical Committee Members in Attendance Roger McFarland, Ankeny* John Horton, Bondurant* Eugene Schmitt, Des Moines* Shane Kinsey, Johnston* Wayne Schwartz, Norwalk* Gary Patterson, Pleasant Hill* Bret VandeLune, Polk County* David McKay, Urbandale* John Garvey, Urbandale Windsor Heights* Tim Royer, Waukee* Brian Hemesath, West Des Moines* Larry Hare, WRF*

17 of 110 ITEM 10

Others in Attendance James Beck, Operating Contractor Lindze Pogue, Operating Contractor Nick Carter, Operating Contractor* Roxane Vaughan, Operating Contractor Scott Hutchens. Operating Contractor* Joe Franko, HR Green

ITEM 3: Minutes for the August 11, 2020 meeting - Approval

Brian Hemesath made a motion to approve. Gene Schmitt seconded the motion. All in favor. Motion passes.

ITEM 4: Supplemental Agreement No. 3 to the Professional Services Agreement with HR Green, Inc. for Additional Construction Phase Services for the WRA Eastside Interceptor, Phase 27, Segments 6 – 8 in the Amount of $95,000.00

James Beck explained that the original agreement was for design and regulatory fees, and that there was a supplemental agreement to cover construction phase services; however, due to unforeseen issues the project is now behind schedule. This supplement agreement will allow for construction phase services through the end of the project.

John Garvey made a motion to forward Item 4 to the WRA Board for review and approval. Shane Kinsey seconded the motion. All in favor.

ITEM 5: Industrial Waste Ordinance – Information

Larry Hare informed everyone that there were 19 inspections in Ankeny, Des Moines, and West Des Moines last month. We had no exceptions, or physical constraints.

ITEM 6: Contract Status Update – Information

James Beck updated the Committee on the contract status. The Eastside Interceptor is nearing completion, the Biogas Conditioning & Injection Project is also near the end. We will be injecting and purging the line on October 14, 2020. The Trickling Filter Removal Project is moving right along.

ITEM 7: Other Business

Scott Hutchens addressed the odor issues near Norwalk. The WRA is working with the City of Norwalk as well as a company to provide chemical odor control. If everything goes as planned there is roughly two more weeks of flow diversion and once complete flows will be returned to normal conditions.

James Beck stated that next month the WRA will be presenting draft flow data that we have been collecting from the communities. He also reminded communities that provide flow data to please do so now.

18 of 110 ITEM 10

ITEM 8: Adjourn

Brett VandeLune made a motion to adjourn. The motion was seconded by Roger McFarland.

Meeting adjourned at 1:44 p.m.

19 of 110

Agenda Item

Staff Summary 11

Agenda Date: October 20, 2020

SUBJECT— Resolution Approving WRA Schedule of Bills for September 2020

RECOMMENDED ACTION— WRA Board approval

FISCAL IMPACT— The schedule of bills allowed for September was $ 2,935,493.69

DETAILS— The schedule of bills totals the amount paid to each vendor during a previous month. Listed on the Register of checks and wires are invoice amounts paid by the Operating Contractor for WRA bills and debt servicing. Listed separately are amounts paid monthly to the City of Des Moines as Operating Contractor for payroll, benefits, and contractual expenditures.

Please direct questions regarding the report to:

Roxane Vaughan Nickolas Schaul 323-8008 283-4540 [email protected] [email protected]

20 of 110 21 of 110 WRA Register of Checks and Wires September '20 of Fiscal Year 2021

Vendor Name Goods / Services WRA Amount CAPITAL OUTLAY CENTRAL IOWA MECHANICAL Sewage Treatment Plant 124,645.00 DEAN SNYDER CONSTRUCTION CO Sanitary Sewers 24,665.91 DEAN SNYDER CONSTRUCTION CO Sewage Treatment Plant 80,810.70 EATON CORPORATION Plant Equipment 110,910.00 HACH COMPANY Plant Equipment 4,887.40 HAROLD BECK & SONS INC Plant Equipment 4,847.84 P & P SMALL ENGINES INC Plant Equipment 3,099.00 SHERMCO INDUSTRIES Plant Equipment 6,245.00 SM HENTGES & SONS INC Sanitary Sewers 530,561.61 STORY CONSTRUCTION CO Sanitary Sewers 160,548.58 WRIGHT OUTDOOR SOLUTIONS Agricultural And Horticultural 7,611.00 Total - CAPITAL OUTLAY $1,058,832.04 COMMODITIES ACKELSON SHEET METAL INC Steel Iron And Related Metals 62.00 ACME ELECTRIC MOTOR INC Minor Equipment And Hand Tools 2,926.56 ACME ELECTRIC MOTOR INC Safety and Protective Equip 4,770.00 AIRGAS INC Household And Institutional 1,229.05 ALLIED ELECTRONICS INC Electrical Supplies And Parts 65.79 AMAZONCOM LLC Electrical Supplies And Parts 27.38 AMAZONCOM LLC Household And Institutional 96.46 AMAZONCOM LLC Safety and Protective Equip 26.78 ARGUS GROUP HOLDINGS LLC Safety and Protective Equip 459.04 BALDWIN SUPPLY COMPANY PartsMachinery and Equip NonM 131.69 CAMPBELL SUPPLY CO Minor Equipment And Hand Tools 179.99 CAPITAL SANITARY SUPPLY CO INC Household And Institutional 449.60 CAPITAL SANITARY SUPPLY CO INC Safety and Protective Equip 894.83 CDW LLC Computer Equipment 3,232.23 CENTRAL STATES INDUSTRIAL SUPPLY Hardware Items 587.27 CINTAS CORPORTIAON Safety and Protective Equip 447.03 CITY SUPPLY CORP Household And Institutional 129.00 CLARKE ENERGY USA INC PartsMachinery and Equip NonM 2,357.97 CONSTRUCTION & AGGREGATE PRODUCTS INC PartsMachinery and Equip NonM 626.05 CTW INC Motor Vehicles Parts And Supp 395.00 DENNIS SUPPLY COMPANY Plumbing Sewage And Drainage 203.73 DEZURIK INC PartsMachinery and Equip NonM 1,078.00 DPC INDUSTRIES INC Chemicals And Gases NonClea 5,040.00 DXP ENTERPRISES INC Hardware Items 570.73 FASTENAL COMPANY Hardware Items 4,329.65 FERGUSON ENTERPRISES INC Hardware Items 218.48

202103 thru: 202103

22 of 110 Vendor Name Goods / Services WRA Amount FISHER SCIENTIFIC CO LLC Medical And Laboratory 620.19 GARLAND'S INC Hardware Items 62.50 GLOBAL EQUIPMENT CO INC Household And Institutional 99.70 GRAYBAR ELECTRIC CO INC Electrical Supplies And Parts 875.54 HACH COMPANY Medical And Laboratory 2,049.07 HAWKEYE TRUCK EQUIPMENT Motor Vehicles Parts And Supp 563.50 HD SUPPLY FACILITIES MAINTENANCE Hardware Items 51.59 HEADCO INDUSTRIES INC PartsMachinery and Equip NonM 2,754.35 HOLT TIRE SERVICE INC Motor Vehicles Parts And Supp 18.90 IDEXX DISTRIBUTOR INC Medical And Laboratory 175.78 INDUSTRIAL CHEM LABS AND SERVICES INC Household And Institutional 230.48 INDUSTRIAL SUPPLY SOLUTIONS INC Safety and Protective Equip 1,244.18 KBC INC Household And Institutional 257.82 KEMIRA WATER SOLUTIONS INC Chemicals And Gases NonClea 25,383.48 LUBE-TECH & PARTNERS LLC Lubricants NonMotor Vehicle 692.75 MCMASTER CARR SUPPLY CO Hardware Items 238.40 MEGA MANUFACTURING INC Minor Equipment And Hand Tools 48.43 MENARD INC Lumber Wood Products And Insu 1,383.38 MICKEY C KILBOURNE Chemicals And Gases NonClea 1,485.00 MIDWEST SAFETY COUNSELORS INC Safety and Protective Equip 1,173.87 MTI DISTRIBUTING INC Hardware Items 158.94 MURTHA WATER CONDITIONING INC General Office 21.75 NAPA DISTRIBUTION CENTER PartsMachinery and Equip NonM 367.87 NATIONAL ENERGY CONTROL CORP Household And Institutional 503.49 NCH CORPORATION Minor Equipment And Hand Tools 1,056.05 NEW PIG CORP Household And Institutional 803.01 NEW PIG CORP Safety and Protective Equip 157.38 NICHOLS CONTROLS & SUPPLY LLC PartsMachinery and Equip NonM 563.25 OFFICE DEPOT General Office 1,666.36 P & P SMALL ENGINES INC Hardware Items 70.99 PARKSON CORPORATION PartsMachinery and Equip NonM 617.86 PENDLECO LLC Household And Institutional 126.93 PLUMB SUPPLY COMPANY Plumbing Sewage And Drainage 189.26 POLYDYNE INC Chemicals And Gases NonClea 56,000.00 POWER PROCESS EQUIPMENT INC PartsMachinery and Equip NonM 137.93 SCHIMBERG COMPANY Hardware Items 3,998.07 SNAP ON INC Minor Equipment And Hand Tools 669.23 SPRAYER SPECIALTIES INC Hardware Items 14.40 STAPLES INC Cleaning Janitorial And Sanit 5,154.89 STATE STEEL Steel Iron And Related Metals 107.20 THE SHERWIN-WILLIAMS CO Wood Finish Products 1,311.49 TOMPKINS INDUSTRIES INC Hardware Items 415.56 TOTAL TOOL SUPPLY INC Minor Equipment And Hand Tools 2,820.20 TRICOR DIRECT INC Safety and Protective Equip 257.56 ULINE INC Hardware Items 82.62

202103 thru: 202103

23 of 110 Vendor Name Goods / Services WRA Amount UNITED REFRIGERATION INC Household And Institutional 1,500.00 VAN METER INDUSTRIAL INC Electrical Supplies And Parts 10,330.02 VWR FUNDING INC Medical And Laboratory 1,549.63 W W GRAINGER INC PartsMachinery and Equip NonM 7,977.89 WEBER BATTERY INC Electrical Supplies And Parts 133.70 Total - COMMODITIES $168,706.75 CONTRACTUAL SERVICES A T & T MOBILITY Cell Telephone Service 41.76 ABC ELECTRICAL SERVICES LLC Consultants And Professional S 1,965.00 ABC PEST CONTROL R and M Buildings 197.12 AHLERS & COONEY PC Legal Expenses Attorney Fees 1,008.50 AICPA Dues And Membership 475.00 ALS GROUP USA CORP Laboratory 745.00 BERKSHIRE HATHAWAY ENERGY COMPANY Gas 3,803.93 BROWN WINICK GRAVES GROSS BASKERVILLE & Legal Expenses Attorney Fees 3,740.00 CDM SMITH INC Consultants And Professional S 16,364.00 CDW LLC Software Licenses 22,379.00 CELLCO PARTNERSHIP Cell Telephone Service 807.73 CINTAS CORPORTIAON R and M Floor Coverings 41.21 CINTAS CORPORTIAON Uniforms Uniform Rental 1,953.29 CITY OF ANKENY Water Use 300.88 CITY OF WEST DES MOINES Inspection Services / Appraisa 50.00 CONLEY GROUP INC Protection Security 2,847.46 CONSTELLATION NEWENERGY GAS DIVISION Gas 50.76 DES MOINES REGISTER & TRIBUNE CO Advertising 1,760.20 DES MOINES REGISTER & TRIBUNE CO Legal 53.57 DES MOINES WATER WORKS Storm Water Charges 7,799.03 DES MOINES WATER WORKS Water Use 35,523.13 ENCORE ONE LLC Contracted ServicesJanitorial 4,203.64 FOX ENGINEERING ASSOCIATES INC Consultants And Professional S 26,203.00 GARY BEATTIE Contracted Mowing 6,900.00 GATR OF DES MOINES INC R and M Automotive Equipment 3,832.86 GENERAL FIRE & SAFETY EQUIPMENT CO POLK CO R and M Buildings 608.00 GREEN RESOURCE MANAGEMENT INC Disposal Fees 25.00 HDR ENGINEERING INC Consultants And Professional S 67,584.96 HEARTLAND BUSINESS SYSTEMS LLC Software Licenses 2,866.80 HOUSBY HEAVY EQUIPMENT LLC R and M Automotive Equipment 264.72 HR GREEN INC Consultants And Professional S 69,439.30 INFORMA MEDIA INC Training 75.00 INSIGHT PUBLIC SECTOR Software Licenses 5,552.77 IOWA REPROGRAPHICS Printing Services Contracts 79.92 JERICO SERVICES INC Miscellaneous Contractual Serv 790.00 JOHN HALL & ASSOCIATES PLLC Legal Expenses Attorney Fees 288.75 KENWORTHY LAW PC Legal Expenses Attorney Fees 4,365.00

202103 thru: 202103

24 of 110 Vendor Name Goods / Services WRA Amount KEYSTONE LABORATORIES INC Laboratory 13.00 KOCH BROTHERS INC Photocopy And Reproduction Exp 215.91 KONE INC R and M Buildings 180.00 LEAF CAPITAL FUNDING LLC Copy Equipment Rental And Expe 262.02 LEE ANN DAGGY Printing Services Contracts 377.92 MARCO HOLDINGS LLC Photocopy And Reproduction Exp 279.46 MAUER SUPPLY INC R and M Mechanical Equipment 521.00 MCKEE VOORHEES & SEASE PLC Legal Expenses Attorney Fees 1,720.00 MEDIACOM IOWA LLC Data Circuits 2,215.90 METRO WASTE AUTHORITY Landfill Dump Fees 11,777.34 MID IOWA TOOL R and M Mechanical Equipment 1,661.50 MIDAMERICAN ENERGY Electric Light And Power 285,794.27 MIDAMERICAN ENERGY Gas 38.29 PFM FINANCIAL ADVISORS LLC Consultants And Professional S 2,900.00 PROS INC R and M Fixed Plant Equipment 983.00 QWEST CORPORATION Cell Telephone Service 265.62 RUAN CENTER CORPORATION Rent NonCity Radio and Electr 118.67 SENECA WASTE SOLUTION INC R and M Mechanical Equipment 584.70 SNYDER & ASSOCIATES INC Consultants And Professional S 66,022.59 SPRINT SPECTRUM LP Cell Telephone Service 1,427.65 TEAM SERVICES INC Consultants And Professional S 7,338.59 TELOG INSTRUMENTS INC R and M Mechanical Equipment -167.40 TERRACON CONSULTANTS INC Consultants And Professional S 2,041.50 TYLER EATOCK Licenses And Permits 294.00 UNDERGROUND LOCATION CO Consultants And Professional S 353.70 UNITED PARCEL SERVICE Contract Carriers 237.95 UNITED STATES CELLULAR CORPORATION Cell Telephone Service 610.71 VAN WALL EQUIPMENT INC R and M Automotive Equipment 523.04 WASTE SOLUTIONS OF IOWA Kybo Rental 410.00 WATER ENVIRONMENT FEDERATION Dues And Membership 160.00 ZIEGLER INC R and M Automotive Equipment 4,446.29 Total - CONTRACTUAL SERVICES $688,593.51 DEBT PAYMENTS AHLERS & COONEY PC Bond Issuance Costs 10,607.24 PFM FINANCIAL ADVISORS LLC Bond Issuance Costs 2,000.00 Total - DEBT PAYMENTS $12,607.24 OTHER CHARGES EMC RISK SERVICES LLC Workers' Compensation Payments 24,515.43 Total - OTHER CHARGES $24,515.43 Total Checks and Wires : $1,953,254.97

202103 thru: 202103

25 of 110 Expenses Paid to City of Des Moines as the WRA Operating Contractor

Payments in September 2020 (Expenses listed below are not included on the Register of Checks and Wires) Amount

Salary & Benefits Pay 1 11-Sep 396,343.95 Pay 2 25-Sep 398,203.06 ENG time 44,884.64 Total - SALARY & BENEFITS 839,431.65

Contractual Services Indirect Allocation (estimate from last year) 90,882.17 Fire dept service (inspection) Allocations for vehicles: Maintenance 32,516.62 Fuel 15,042.62 Allocations for telephones and radios 4,365.66 Total - CONTRACTUAL SERVICES & OTHER CHARGES 142,807.07

Total Expenses paid to Operating Contractor 982,238.72

26 of 110 WRA Board Resolution No. 20 - ______Agenda Item Number Date: October 20, 2020 ______11______

RESOLUTION APPROVING WRA SCHEDULE OF BILLS FOR SEPTEMBER 2020

WHEREAS, the Schedule of Bills is a listing of bills allowed for the given month, transfer of funds to the sinking fund for debt servicing, advances for projects funded with SRF draws, and other transfers necessary to the WRA; and

WHEREAS, the WRA Director has certified the expenditures for September 2020 and submits the Schedule of Bills to the WRA Board for approval.

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF THE DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY:

That the WRA Schedule of Bills for September 2020 is hereby approved.

Moved by ______to adopt.

McCoy IN WITNESS WHEREOF, I have hereunto set my hand the day and year first above written. Goode

Gatto ______, Secretary Cownie Westergaard Selby J. Sanders Schwartz Kurovski Huisman Giovannetti Sassatelli Garvey Moerman Hadden Smith TOTAL MOTION CARRIED APPROVED

Paul Moritz, Chair

27 of 110

Agenda Item

12 Staff Summary

Agenda Date: October 20, 2020

SUBJECT— Resolution Approving the Procurement of Replacement Flow Monitoring Equipment from Teledyne Instruments, Inc. at a Total Cost of $441,414.77

RECOMMENDED ACTION— WRA Board approval of the purchase of flow metering equipment.

FISCAL IMPACT— $441,414.77, WR093, Flow Monitoring System Improvements

BACKGROUND— The WRA utilizes approximately 115 flow meters throughout the conveyance system to meter flow in different areas for operational and billing purposes. Currently, 85 of the flow meters are Teledyne/Isco LaserFlow flow meters. The remaining flow meters are the original Hach Flodar flow meters installed in 2010, and over the past six years the WRA has experienced issues with performance and ongoing maintenance of the Hach flow meters. Additionally, a market study by Operating Contractor Staff has concluded that the expected average useful life expectancy for a sanitary sewer flow meter is five to seven years. The WRA began installing the Hach flow meters in 2010 and completed installations in 2012. The intrinsic issues with the Hach flow meters in conjunction with the aging fleet is resulting in higher maintenance and operational costs to keep the flow meters performing within an acceptable margin of error.

Currently, there are two manufacturers who provide non-contact sanitary flow meters. One manufacturer is Hach who provides the current meters being utilized by the WRA. The other manufacturer is Teledyne/Isco who provides the LaserFlow meter. The LaserFlow meter is the only non-contact sanitary sewer flow meter currently available that utilizes laser technology to measure the velocity of the flow. The use of laser technology allows for a more accurate velocity measurement to be obtained by utilizing a laser spectrum consisting of multiple measurements throughout the cross section of the flow as opposed to the current Hach meters which simply obtain a single surface measurement using radar technology.

The Operating Contractor tested a single Teledyne/ISCO LaserFlow meter for a short period in early 2015 and purchased one LaserFlow meter in the fall of 2015. Two additional units were purchased in April of 2016, seven meters were purchased in July of 2016, and 12 meters were purchased in October of 2017. To date, the LaserFlow meters have performed exceptionally well and only a single issue has been experienced where the flow meter was exposed to surcharge conditions for multiple weeks resulting in water intrusion into the sensor. As a result, the WRA developed a plan to proceed with replacing all Hach flow meters with new LaserFlow meters. The plan would replace an additional 93 Hach flow meters over a three year period (31 flow meters each year for three years). In 2018 and 2019 the WRA Board approved the first two of these three purchases. The 62 LaserFlow meters purchased in 2018 and 2019 have been installed and are performing well. This purchase will authorize the procurement of LaserFlow meters to replace the rest of the remaining Hach flow meters.

28 of 110 WRA Board Resolution No. 20 - ______Agenda Item Number Date: October 20, 2020 ______12______

RESOLUTION APPROVING THE PROCUREMENT OF REPLACEMENT FLOW MONITORING EQUIPMENT FROM TELEDYNE INSTRUMENTS, INC. AT A TOTAL COST OF $441,414.77

WHEREAS, the Operating Contractor requested the Finance Department Procurement Division to purchase replacement flow monitoring equipment which uses laser technology to measure the velocity of the flow interceptor sewers; and

WHEREAS, the Procurement Administrator has determined that said flow monitoring equipment is only available from Teledyne Instruments, 16830 Chestnut Street, City of Industry, CA 91748, the manufacturer and sole area-wide provider, and

WHEREAS, WHEREAS, Municipal Code section 2-726 (d) provides for a non- competitive procurement of goods and/or services that are of such a nature that they are the only goods and/or services which will fit and comply with the required use, or are an integral part of a total system so as to be uniquely compatible with existing city needs, materials or equipment to be cost-effective; and

WHERAS, funding is available from WR809855/WR093, Construction Project Program/Flow Monitoring System Replacement;

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF THE DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY:

1. That the WRA Board hereby accepts and approves the procurement of flow monitoring equipment from Teledyne Instruments, Inc. at a total cost of $441,414.77.

29 of 110 WRA Board Resolution No. 20 - ______Agenda Item Number Date: October 20, 2020 ______12______

Moved by ______to adopt.

McCoy IN WITNESS WHEREOF, I have hereunto set my hand the day and year first above written. Goode

Gatto ______, Secretary Cownie Westergaard Selby J. Sanders Schwartz Kurovski Huisman Giovannetti Sassatelli Garvey Moerman Hadden Smith MOTION CARRIED APPROVED

Paul Moritz, Chair

30 of 110

Staff Summary Agenda Item

Agenda Date: October 20, 2020

SUBJECT— Resolution Amending Resolution No. 18-152 Approved on November 15, 2018, Said Resolution Approving and Authorizing a Loan and Disbursement Agreement by and Between the Des Moines Metropolitan Wastewater Reclamation Authority and the Iowa Finance Authority and Authorizing and Providing for the Issuance of the $8,000,000 Sewer Revenue Bond, Taxable Series 2018D-2, in Order to Provide for the Funding of WRA Sugar Creek Sponsored Project Improvements – Phase 1 Under the Terms of a New Taxable Series 2018D-2 Bond to be Issued in the Principal Amount of $8,281,000

RECOMMENDED ACTION— WRA Board approval.

FISCAL IMPACT— No change in debt servicing. CIP budget pages include WR117: Sponsored Projects: Sugar Creek Improvements - Phase 1.

BACKGROUND— The WRA has sponsored funds for improvements in the Sugar Creek watershed available by amending certain loans. The Board approved in March a contract to begin work on the project known as WRA Sugar Creek Sponsored Project Improvements – Phase 1. Three loans will be amended to fund the design and construction of those improvements. In March, resolution 20-30 Amended Taxable Series 2018D-1 to provide a million dollars of funding. This agenda item will provide $281,000 in funding for the Phase 1 project.

November of 2018, the WRA Board approved in resolution 18-152 Series Loan 2018D-2 for $8,000,000. The scheduled debt service is approximately $10,800,000. IFA has agreed to amend this loan to provide sponsored money. IFA has provided an updated repayment schedule to match the increased cash draws and show the reduced interest computation for sponsoring. The loan is expected to close on November 13, 2020.

This loan provided funds for the biogas injection project. As the project nears completion, injection into the Mid-American gas line begins soon. The WRA F2020-2021 budget provides funds for the debt service of this loan from new revenues beginning after the October 5th special board meeting.

31 of 110 Pre-Final Amortization Schedule WRA Sewer Revenue Bond CS-1920797-02 & WRR16-016 2

Loan summary Estimated Draw Schedule Loan Closing Date Dec 7, 2018 Initiation Fee - Dec 7, 2018 40,000.00 Final Disbursement Date Feb 5, 2021 P & D Payoff - Dec 7, 2018 Final Maturity Date Jun 1, 2039 Draw #1- Dec 7, 2018 57,949.74 Loan Period in Years 20 Draw #2- May 24, 2019 2,417,852.24 Total Loaned Amount$ 8,000,000.00 Draw #3- Aug 9, 2019 2,046,134.84 0.5% Initiation Fee 40,000.00 Draw #4- Aug 9, 2019 40,462.67 Net Proceeds to Borrower$ 7,960,000.00 Draw #5- Nov 22, 2019 1,429,249.57 Annual Interest Rate 2.34% Eff 12/1/20 Draw #6- Mar 13, 2020 1,702,071.28 Total Interest$ 2,251,388.68 Draw #7- Apr 17, 2020 199,254.89 Servicing Fee Rate 0.25% Draw #8- Jun 19, 2020 62,024.77 Total Servicing Fees$ 236,397.94 SP Init Fee Nov 13, 2020 1,405.00 Total Loan Costs$ 2,527,786.62 SP Draw Nov 13, 2020 279,595.00 Held for Final Docs - Feb 5, 2021 5,000.00 10,768,786.62 Total Loaned Amount 8,281,000.00

Beginning Servicing Total Loan Total Annual Debt Ending Payment Date Balance Principal Interest Fee Payment Service Balance

Jun 1, 2019 97,949.74 1,301.92 118.36 1,420.28 1,420.28 97,949.74 Dec 1, 2019 4,602,399.49 53,737.16 4,885.20 58,622.36 4,602,399.49 Jun 1, 2020 7,932,975.23 1,000.00 94,729.01 8,611.73 104,340.74 162,963.10 7,931,975.23 Dec 1, 2020 7,994,000.00 109,832.22 9,984.75 119,816.97 7,994,000.00 Jun 1, 2021 8,280,000.00 331,000.00 97,183.97 10,382.90 438,566.87 558,383.84 7,949,000.00 Dec 1, 2021 7,949,000.00 93,003.30 9,936.25 102,939.55 7,949,000.00 Jun 1, 2022 7,949,000.00 352,000.00 93,003.30 9,936.25 454,939.55 557,879.10 7,597,000.00 Dec 1, 2022 7,597,000.00 88,884.90 9,496.25 98,381.15 7,597,000.00 Jun 1, 2023 7,597,000.00 362,000.00 88,884.90 9,496.25 460,381.15 558,762.30 7,235,000.00 Dec 1, 2023 7,235,000.00 84,649.50 9,043.75 93,693.25 7,235,000.00 Jun 1, 2024 7,235,000.00 371,000.00 84,649.50 9,043.75 464,693.25 558,386.50 6,864,000.00 Dec 1, 2024 6,864,000.00 80,308.80 8,580.00 88,888.80 6,864,000.00 Jun 1, 2025 6,864,000.00 380,000.00 80,308.80 8,580.00 468,888.80 557,777.60 6,484,000.00 Dec 1, 2025 6,484,000.00 75,862.80 8,105.00 83,967.80 6,484,000.00 Jun 1, 2026 6,484,000.00 390,000.00 75,862.80 8,105.00 473,967.80 557,935.60 6,094,000.00 Dec 1, 2026 6,094,000.00 71,299.80 7,617.50 78,917.30 6,094,000.00 Jun 1, 2027 6,094,000.00 400,000.00 71,299.80 7,617.50 478,917.30 557,834.60 5,694,000.00 Dec 1, 2027 5,694,000.00 66,619.80 7,117.50 73,737.30 5,694,000.00 Jun 1, 2028 5,694,000.00 411,000.00 66,619.80 7,117.50 484,737.30 558,474.60 5,283,000.00 Dec 1, 2028 5,283,000.00 61,811.10 6,603.75 68,414.85 5,283,000.00 Jun 1, 2029 5,283,000.00 421,000.00 61,811.10 6,603.75 489,414.85 557,829.70 4,862,000.00 Dec 1, 2029 4,862,000.00 56,885.40 6,077.50 62,962.90 4,862,000.00 Jun 1, 2030 4,862,000.00 432,000.00 56,885.40 6,077.50 494,962.90 557,925.80 4,430,000.00 Dec 1, 2030 4,430,000.00 51,831.00 5,537.50 57,368.50 4,430,000.00 Jun 1, 2031 4,430,000.00 443,000.00 51,831.00 5,537.50 500,368.50 557,737.00 3,987,000.00 Dec 1, 2031 3,987,000.00 46,647.90 4,983.75 51,631.65 3,987,000.00 Jun 1, 2032 3,987,000.00 455,000.00 46,647.90 4,983.75 506,631.65 558,263.30 3,532,000.00 Dec 1, 2032 3,532,000.00 41,324.40 4,415.00 45,739.40 3,532,000.00 Jun 1, 2033 3,532,000.00 467,000.00 41,324.40 4,415.00 512,739.40 558,478.80 3,065,000.00 Dec 1, 2033 3,065,000.00 35,860.50 3,831.25 39,691.75 3,065,000.00 Jun 1, 2034 3,065,000.00 479,000.00 35,860.50 3,831.25 518,691.75 558,383.50 2,586,000.00 Dec 1, 2034 2,586,000.00 30,256.20 3,232.50 33,488.70 2,586,000.00 Jun 1, 2035 2,586,000.00 491,000.00 30,256.20 3,232.50 524,488.70 557,977.40 2,095,000.00 Dec 1, 2035 2,095,000.00 24,511.50 2,618.75 27,130.25 2,095,000.00 Jun 1, 2036 2,095,000.00 504,000.00 24,511.50 2,618.75 531,130.25 558,260.50 1,591,000.00 Dec 1, 2036 1,591,000.00 18,614.70 1,988.75 20,603.45 1,591,000.00 Jun 1, 2037 1,591,000.00 517,000.00 18,614.70 1,988.75 537,603.45 558,206.90 1,074,000.00 Dec 1, 2037 1,074,000.00 12,565.80 1,342.50 13,908.30 1,074,000.00 Jun 1, 2038 1,074,000.00 530,000.00 12,565.80 1,342.50 543,908.30 557,816.60 544,000.00 Dec 1, 2038 544,000.00 6,364.80 680.00 7,044.80 544,000.00 Jun 1, 2039 544,000.00 544,000.00 6,364.80 680.00 551,044.80 558,089.60 0.00

INVESTING IN IOWA'S WATER As of 10/7/2020 www.iowasrf.com

32 of 110 WRA Board Resolution No. 20 - ______Agenda Item Number Date: October 20, 2020 ______13______

RESOLUTION AMENDING RESOLUTION NO. 18-152 APPROVED ON NOVEMBER 15, 2018, SAID RESOLUTION APPROVING AND AUTHORIZING A LOAN AND DISBURSEMENT AGREEMENT BY AND BETWEEN THE DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY AND THE IOWA FINANCE AUTHORITY AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF THE $8,000,000 SEWER REVENUE BOND, TAXABLE SERIES 2018D-2, IN ORDER TO PROVIDE FOR THE FUNDING OF THE WRA SUGAR CREEK SPONSORED PROJECT IMPROVEMENTS – PHASE 1 UNDER THE TERMS OF A NEW TAXABLE SERIES 2018D-2 BOND TO BE ISSUED IN THE PRINCIPAL AMOUNT OF $8,281,000

WHEREAS, pursuant to Resolution No. 18-152 approved on November 15, 2018 (the "Series Resolution"), the Des Moines Metropolitan Wastewater Reclamation Authority (hereinafter the "Issuer") previously issued its Sewer Revenue Bond, Taxable Series 2018D-2, dated December 7, 2018, to the extent of $8,000,000 (hereinafter the "Original Bond"), pursuant to a Loan and Disbursement Agreement between Issuer and the Iowa Finance Authority dated of like date (the "Agreement"), for the purpose of defraying the costs of the Series 2018D-2 Projects as defined in the Series Resolution; and

WHEREAS, the Iowa Department of Natural Resources and the Iowa Finance Authority ("IFA"), as holder of the Original Bond, have authorized an additional "sponsored project," namely, the WRA Sugar Creek Sponsored Project Improvements – Phase 1, to be funded under the terms of a new Series 2018D-2 Bond to be issued in the principal amount of $8,281,000; and

WHEREAS, IFA now has requested that the Original Bond be exchanged for a new Series 2018D-2 Bond in the principal amount of $8,281,000 and bearing interest at a revised rate of 2.34% effective December 1, 2020 (the "New Bond"); and

WHEREAS, a revised form of Sponsored Project Loan and Disbursement Agreement Amendment (hereinafter the "Amendment") has been prepared to reflect the exchange of the Original Bond for the New Bond, a copy of which is attached hereto.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY, AS FOLLOWS:

Section 1. That the Series Resolution be and is hereby amended to reflect the increase in the outstanding principal amount thereof from $8,000,000 to $8,281,000, and to change the interest rate from 2.75% to 2.34% effective December 1, 2020, and to include the above-described "sponsored project" in the definition of Series 2018D-2 Projects.

Section 2. That the Amendment in substantially the form attached to this Resolution and the New Bond are hereby authorized to be executed and issued on

33 of 110 WRA Board Resolution No. 20 - ______Agenda Item Number Date: October 20, 2020 ______13______

behalf of the Issuer by the Chairperson and attested by the Secretary. The New Bond shall be issued in exchange for the tender and cancellation of the Original Bond.

Section 3. Except as amended herein, all of the other terms and conditions of the Series Resolution and Agreement are in all respects ratified, confirmed and approved and shall remain in full effect, including all tax covenants contained therein.

Moved by: ______to adopt.

McCoy IN WITNESS WHEREOF, I have hereunto set my hand the day and year first above written. Goode

Gatto ______, Secretary Cownie Westergaard Selby J. Sanders Schwartz Kurovski Huisman Giovannetti Sassatelli Garvey Moerman Hadden Smith TOTAL MOTION CARRIED APPROVED

Paul Moritz, Chair

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SPONSORED PROJECT LOAN & DISBURSEMENT AGREEMENT AMENDMENT

This Sponsored Project Loan and Disbursement Agreement Amendment is entered into this 13th day of November, 2020 by and between the Des Moines Metropolitan Wastewater Reclamation Authority ("WRA") and Iowa Finance Authority ("IFA").

WHEREAS, WRA has heretofore issued a $8,000,000 Sewer Revenue Bond, Taxable Series 2018D-2, dated December 7, 2018 ("Original Bond") to IFA under the State Revolving Fund (SRF) Program pursuant to a Loan and Disbursement Agreement between WRA and IFA, dated as of said date (the "Original Agreement");

WHEREAS, WRA desires to undertake a "sponsored project" under the terms of the SRF Program, consisting of the WRA Sugar Creek Sponsored Project Improvements – Phase 1 ("Project");

WHEREAS, the Project has been approved as an eligible "sponsored project" by the Environmental Protection Commission, Iowa Department of Natural Resources ("DNR");

WHEREAS, the DNR recently approved the funding details for the Project;

WHEREAS, the Participant has entered into a Water Resource Restoration Sponsored Project Performance Agreement (the “Performance Agreement”) with the Iowa Department of Natural Resources, an agency of the State of Iowa (the “Department”), to ensure that the Project (as defined in the Performance Agreement) is constructed in accordance with the applicable design checklist and plans and specifications as approved by the Department; and

WHEREAS, it is appropriate that the Original Bond be exchanged for a new Bond, reflecting the additional amount allocated for the Project.

NOW, THEREFORE, the parties agree as follows:

1. IFA hereby tenders the Original Bond to the WRA for cancellation, and accepts delivery of a new Series 2018D-2 Bond of the WRA in the principal amount of $8,281,000 and bearing interest at the rate of 2.34% ("New Bond").

2. IFA hereby consents to the amendment of the Series Resolution authorizing the issuance of the Original Bond to reflect the increased principal amount of the New Bond, the new interest rate of 2.34%, and the additional purposes to which the proceeds shall be applied, and all other conforming amendments that may be necessary to reflect the modified terms of payment.

3. The Original Bond is hereby cancelled and from and after the date hereof the parties shall be bound by the terms of the New Bond, the principal and interest repayment schedule being as shown on Exhibit A attached hereto.

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4. The Original Agreement by and between WRA and IFA dated as of December 7, 2018 shall also be amended to reflect a principal amount of $8,281,000, bearing a rate of interest of 2.34%, and incurring an additional Initiation Fee of $1,405 (aggregate $41,405). All other terms and provisions set forth in the Original Agreement, except as amended hereof, shall be ratified and confirmed.

5. The WRA hereby confirms compliance with the Performance Agreement and agrees the Issuer may enforce and raise the interest rate of the Loan to the initial rate of interest to ensure compliance by the WRA with the Performance Agreement and in accordance with the Original Agreement.

DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY

By: ______Chair

ATTEST:

By: ______Secretary

IOWA FINANCE AUTHORITY

By: ______

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EXHIBIT A

01779054-1\14149-049

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REGISTERED REGISTERED Bond No. R-6 $8,281,000 (replacing No. R-5) STATE OF IOWA DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY SEWER REVENUE BOND TAXABLE SERIES 2018D-2

Rate Final Maturity Dated Date 2.34% June 1, 2039 November 13, 2020

REGISTERED OWNER: IOWA FINANCE AUTHORITY

PRINCIPAL AMOUNT: EIGHT MILLION TWO HUNDRED EIGHTY-ONE THOUSAND DOLLARS

The Des Moines Metropolitan Wastewater Reclamation Authority, a political subdivision organized and existing under and by virtue of Chapters 28E and 28F of the Code of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, to

IOWA FINANCE AUTHORITY or registered assigns, the principal sum of EIGHT MILLION TWO HUNDRED EIGHTY-ONE THOUSAND DOLLARS ($8,281,,000) in lawful money of the United States of America, on the maturity dates and in the principal amounts set forth on the Debt Service Schedule attached hereto and incorporated herein by this reference, with interest on said sum from the date of each advancement made under a certain Loan and Disbursement Agreement dated as of December 7, 2018, as amended by the Sponsored Project Loan and Disbursement Agreement Amendment dated as of the date hereof, until paid at the rate of 2.34% per annum from the date of December 1, 2020, and semi-annually thereafter on the 1st day of June and December in each year. As set forth on said original Debt Service Schedule (as amended hereby), principal shall be payable on June 1, 2021 and annually thereafter on the first day of June in the amounts set forth therein until principal and interest are fully paid, except that the final installment of the entire balance of principal and interest, if not sooner paid, shall become due and payable on June 1, 2039. Notwithstanding the foregoing or any other provision hereof, principal and interest shall be payable as shown on said Debt Service Schedule until completion of the Series 2018D-2 Project, at which time the final Debt Service Schedule shall be determined and attached hereto based upon actual advancements, final costs and completion of the Series 2018D-2 Project, all as provided in the administrative rules governing the Iowa Water Pollution Control Works Financing Program. Payment of principal and interest of this Bond shall at all times conform to said Debt Service Schedule and the rules of the Iowa Water Pollution Control Works Financing Program.

Interest and principal shall be paid to the registered holder of the Series 2018D-2 Bond as shown on the records of ownership maintained by the Registrar as of the 15th day preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months.

THE HOLDERS OF THE BONDS SHOULD TREAT THE INTEREST AS SUBJECT TO FEDERAL INCOME TAXATION.

This Series 2018D-2 Bond is issued pursuant to the provisions of Chapter 28F of the Code of Iowa, as amended, for the purpose of financing the costs of constructing certain improvements or additions to the WRA System consisting of the Series 2018D-2 Projects (as defined in the Series

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Resolution hereinafter referred to, as amended), and to pay costs of issuance, and evidences amounts payable under a Loan and Disbursement Agreement dated December 7, 2018, as amended by a Sponsored Project Loan and Disbursement Agreement, dated as of the date hereof (the "Agreement"), in conformity to a Master Resolution of the Board of said Issuer duly passed and approved on October 28, 2004 (the "Master Resolution") and a Series Resolution of the Board duly passed and approved on November 15, 2018 (the "Series Resolution"), as amended on October 20, 2020. Capitalized terms not defined herein shall have the meanings given to them in the Series Resolution, as amended.

This Series 2018D-2 Bond is subject to optional redemption at a price of par plus accrued interest (i) on any date upon receipt of written consent of the Iowa Finance Authority or (ii) in the event that all or substantially all of the Series 2018D-2 Project is damaged or destroyed. Any optional redemption of this Series 2018D-2 Bond may be made from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity, by lot by giving thirty (30) days' notice of redemption by certified or registered mail, to the Iowa Finance Authority (or any other registered owner of the Series 2018D-2 Bond). This Series 2018D-2 Bond is also subject to mandatory redemption as set forth in Section 5 of the Agreement.

Ownership of this Series 2018D-2 Bond may be transferred only by transfer upon the books kept for such purpose by the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Series 2018D-2 Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered Bondholders of such change. All Series 2018D-2 Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code, subject to the provisions for registration and transfer contained in the Master Resolution.

The Series 2018D-2 Bonds and such other revenue bonds of the Issuer as may in the future be issued on a parity therewith, are equally and ratably secured by pledge of the "Pledged Revenues" of the WRA System, which is defined in the Master Resolution to include Net Revenues, certain amounts payable by any provider of a Hedge Agreement pursuant to such Hedge Agreement, Step Up Payments, and moneys and securities from time to time on deposit in the funds and accounts established in the Master Resolution, but excluding any amounts required in the Master Resolution to be set aside pending, or used for, rebate to the United States government pursuant to Section 148(f) of the Internal Revenue Code of 1986, as amended, and any regulations promulgated with respect to any such rebate requirement.

THE SERIES 2018D-2 BOND AND THE INTEREST THEREON ARE PAYABLE SOLELY AND ONLY FROM THE PLEDGED REVENUES. NEITHER THE PAYMENT OF THE PRINCIPAL NOR ANY PART THEREOF NOR ANY INTEREST THEREON CONSTITUTES A DEBT, LIABILITY OR OBLIGATION OF THE ISSUER WITHIN THE MEANING OF ANY CONSTITUTIONAL, STATUTORY OR CHARTER PROVISION WHATSOEVER. THE ISSUER HAS NO AUTHORITY TO LEVY ANY TAXES TO PAY THE SERIES 2018D-2 BOND.

The Issuer has covenanted and hereby covenants and agrees at all times while any Series 2018D- 2 Bonds are Outstanding and unpaid to budget for and collect from the Participating Communities amounts in respect of their use of the WRA System fully sufficient at all times to: (i) provide for 100% of the budgeted Operation and Maintenance Expenses of the WRA System and for the accumulation in the Operation and Maintenance Reserve Account of a reasonable reserve therefor, and (ii) produce Net Revenues in each Fiscal Year which will: (a) equal at least the Debt Service Requirement on all Bonds then Outstanding for the year of computation, (b) enable the Issuer to make all required payments into the Debt Service Reserve Fund and the Rebate Fund, (c) enable the Issuer to accumulate an amount to be held in the Repair and Replacement Account which, in the judgment of the Board, is adequate to meet the costs of major renewals, replacements, repairs, additions, betterments and improvements to the WRA System, necessary to keep the same in good operating condition or as is required by any governmental agency having jurisdiction over the WRA System, and (d) will remedy all deficiencies in required

39 of 110 payments into any of the funds and accounts established under the Master Resolution from prior Fiscal Years.

The Master Resolution contains a more particular statement of the covenants and provisions securing the Series 2018D-2 Bond, the conditions under which the owner of this Series 2018D-2 Bond may enforce covenants (other than the covenant to pay principal of and interest on this Bond when due from the sources provided, the right to enforce which is unconditional), the conditions upon which additional revenue bonds may be issued on a parity or achieve parity status with this Series 2018D-2 Bond under the Master Resolution, and the conditions upon which the Master Resolution may be amended with the consent of the owners of not less than two-thirds in aggregate principal amount of the Bonds Outstanding or the issuer of any Credit Facility, if any, of such Bonds. Upon the occurrence of an Event of Default under the Master Resolution, the owner of this Series 2018D-2 Bond shall be entitled to the remedies provided by the Master Resolution.

And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Series 2018D-2 Bond, have been existent, had, done and performed as required by law.

IN TESTIMONY WHEREOF, said Issuer by its Board has caused this Series 2018D-2 Bond to be signed by the manual signature of its Chairperson and attested by the manual signature of its Secretary, and authenticated by the manual signature of an authorized representative of the Registrar, the WRA Treasurer.

ATTEST: DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORTIY

By: ______By: ______Secretary Chairperson

(NO SEAL)

Date of authentication: November 13, 2020

This is one of the Series 2018D-2 Bonds described in the within mentioned Series Resolution, as amended, as registered by the WRA Treasurer.

WRA TREASURER, Registrar

By: ______Authorized Signature

Registrar and Transfer Agent: WRA Treasurer Paying Agent: WRA Treasurer

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ASSIGNMENT

For value received, the undersigned hereby sells, assigns and transfers unto ______(Social Security or Tax Identification No. ______) the within Revenue Bond and does hereby irrevocably constitute and appoint ______attorney in fact to transfer the said Revenue Bond on the books kept for registration of the within Revenue Bond, with full power of substitution in the premises.

Dated ______

______

______(Person(s) executing this Assignment sign(s) here)

SIGNATURE ) GUARANTEED )

IMPORTANT - READ CAREFULLY

The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program.

INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER

Name of Transferee(s) ______Address of Transferee(s) ______Social Security or Tax Identification Number of Transferee(s) ______Transferee is a(n): Individual* Corporation ______Partnership Trust ______

*If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided.

The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations:

TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - ...... Custodian...... (Cust) (Minor) under Iowa Uniform Transfers to Minors Act...... (State)

01779052-1\14149-049

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$8,281,000 Des Moines Metropolitan Wastewater Reclamation Authority Sewer Revenue Bond Taxable Series 2018D-2

______

ISSUER'S CLOSING CERTIFICATE ______

This Issuer's Closing Certificate is being executed on behalf of the Des Moines Metropolitan Wastewater Reclamation Authority (the "Issuer") by the undersigned Chairperson and Secretary of the Issuer, in connection with the issuance of a Sewer Revenue Bond, Taxable Series 2018D-2, in aggregate principal amount of $8,281,000 (the "Bond"), dated as of the date of its delivery and issuance. The Bond evidences the Issuer's obligations under a Loan and Disbursement Agreement, as amended (the "Agreement") with the Iowa Finance Authority entered into under the Iowa Water Pollution Control Works Financing Program. The Bond is authorized for issuance under the Master Bond Resolution adopted by the Board of the Issuer on October 28, 2004, as amended and ratified on November 16, 2004 (together, the "Master Resolution") and a Series Resolution approved by the Board of the Issuer on November 15, 2018, as amended and ratified on October 20, 2020 (the "Series Resolution ").

The undersigned Chairperson and Secretary of the Issuer, acting for and on behalf of the Issuer, hereby certify that we are the officers, respectively, of the Issuer and that pursuant to law, the Master Resolution and the Series Resolution, as amended, the Bond has been duly prepared and manually executed on behalf of the Issuer, maturing, bearing interest, and conforming to the specifications as provided in the Master Resolution and the Series Resolution, as amended. The Issuer has not adopted a corporate seal as of the date hereof, and no seal has been imprinted on or affixed to the Bond.

We further certify that (a) the Master Resolution, the Series Resolution, as amended, and the Agreement are in full force and effect in the respective forms approved or adopted by the Board of the Issuer, as appropriate, on or before the date hereof and have not been amended, modified, or supplemented after the date hereof, (b) the Issuer has performed all of its obligations required under or specified in the Master Resolution, the Series Resolution, as amended, and the Agreement to be performed at or prior to the closing; and (c) all actions by or on behalf of the Issuer with respect to the Bond, the Master Resolution and the Series Resolution, as amended, necessary to execute, authenticate, issue, and deliver the Bond pursuant thereto have been taken, and all action by or on behalf of the Issuer or others necessary to carry out, give effect to and consummate the transactions contemplated thereby have been taken.

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We further certify that the representations and warranties of the Issuer contained in the Agreement and in this Certificate are true and correct in all material respects as of the date hereof.

Dated this 13th day of November, 2020.

(NO ______SEAL) Paul Moritz, Chairperson

______Michael McCoy, Secretary

I, the undersigned, do hereby certify that I am personally acquainted with the persons whose signatures, each known to me to be genuine, are signed to the foregoing certification as Chairperson and Secretary, and that I know that Paul Moritz and Michael McCoy are the Chairperson and Secretary, respectively, of the Des Moines Metropolitan Wastewater Reclamation Authority, as named in said Certificate, and I hereby identify their said signatures as being in all respects true and genuine.

WITNESS my signature as of the date signed to the foregoing Certificate.

______Nickolas Schaul, WRA Treasurer

01779055-1\14149-049

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Staff Summary Agenda Item

Agenda Date: October 20, 2020

SUBJECT— Resolution Declaring an Official Intent under Treasury Regulation 1.150-2 to Issue Debt to Reimburse the Des Moines Metropolitan Wastewater Reclamation Authority for Certain Original Expenditures Paid in Connection with Proposed Project

RECOMMENDED ACTION— Approval

FISCAL IMPACT— No direct impact.

BACKGROUND— The Board approved the following construction contract for Clarifier Improvements Phase 1:

1. Resolutions 20-62 & 20-63, William Brothers Construction Inc. to construct WRF Clarifier Improvements, $9,330,000.

The WRF Clarifier Improvement project included in WRA’s Second Amended and Restated 28E Agreement had two phases with funding planned for FY2019 and FY2024. The above contract was awarded in May 2020. Funding was approved by the Finance Committee earlier in FY2020. This project and a second project for sewer work near Ingersoll Avenue will be funded together in a senior SRF loan planned later this year. Construction will begin soon, continuing until to May 2023. Interim funding will come from WRA R&R funds.

By stating the amount and source of interim funding for the above project, the WRA is declaring an official intent under treasury regulations and is allowed reimbursement for expenditures paid prior to loan closing.

44 of 110 WRA Board Resolution No. 20 - ______Agenda Item Number Date: October 20, 2020 ______14______

RESOLUTION DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH PROPOSED PROJECT

WHEREAS, the Cities of Altoona, Ankeny, Bondurant, Clive, Cumming, Des Moines, Johnston, Norwalk, Pleasant Hill, Polk City, Waukee, West Des Moines and Polk County, Warren County, the Urbandale Sanitary Sewer District, the Urbandale-Windsor Heights Sanitary District, and the Greenfield Plaza/Hills of Coventry Sanitary District are parties to the Second Amended and Restated Agreement for the Des Moines Metropolitan Wastewater Reclamation Authority (the "WRA"); and

WHEREAS, in accordance with the foregoing Agreement, it is anticipated that cash expenditures will be advanced from time to time by the WRA from working capital reserves, renewal and replacement reserves, and surplus funds of the WRA until permanent financing is in place for a certain capital improvement project, generally described below as WRF Clarifier Improvements, (hereinafter referred to as the "Project"); and

WHEREAS, it is reasonably expected that debt will be issued by the WRA to reimburse the costs of the Project as set forth in the foregoing Agreement; and

WHEREAS, this declaration of official intent is considered to be consistent with the budgetary and financial circumstances of the WRA.

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF THE DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY:

1. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2.

2. That it is reasonably expected that capital expenditures will be made in respect of the foregoing Project, from time to time and in such amounts as the Operating Contractor, or its successor, determines to be necessary or desirable under the circumstances then and there existing.

3. That it is reasonably expected that all or a portion of the foregoing expenditures will be reimbursed with the proceeds of bonds, notes or other indebtedness to be issued or incurred by or on behalf of the WRA in the future.

45 of 110 WRA Board Resolution No. 20 - ______Agenda Item Number Date: October 20, 2020 ______14______

4. That the total estimated costs of the Project, the maximum principal amount of the bonds, notes or other indebtedness to be issued for the Project, the interim funding source, the estimated date of completion, and the anticipated amount of interim funding of the Project is reasonably expected to be as set forth as follows:

Construction Amount of Borrowing Interim Funding Estimated Date of Anticipated Amount Project Title Contract Award Anticipated * Source Completion of Interim Funding Amount

WRF Clarifier Improvements 9,330,000 12,500,000 R & R Funds May 30, 2023 6,500,000

Note * it is anticipated the borrowing amount above includes construction, design, inspections, incidentals & contingencies for this segment only. Actual borrowings may be combined with future segment costs.

5. That it is reasonably expected that the above-mentioned project costs will be reimbursed not later than the later of eighteen months after the capital expenditures are paid or eighteen months after the property is placed in service, but in no event later than three years after the original expenditure is paid.

46 of 110 WRA Board Resolution No. 20 - ______Agenda Item Number Date: October 20, 2020 ______14______

Moved by ______to adopt.

McCoy IN WITNESS WHEREOF, I have hereunto set my hand the day and year first above written. Goode

Gatto ______, Secretary Cownie Westergaard Selby J. Sanders Schwartz Kurovski Huisman Giovannetti Sassatelli Garvey Moerman Hadden Smith TOTAL MOTION CARRIED APPROVED

Paul Moritz, Chair

47 of 110 WRA Board Resolution No. 20 - ______Agenda Item Number Date: October 20, 2020 ______15______

INCREASING AUTHORIZATION FOR HALL & ASSOCIATES IN PROVIDING REPRESENTATION ON ISSUES ARISING UNDER THE CLEAN WATER ACT

WHEREAS, Hall & Associates was retained by the Des Moines Metropolitan Wastewater Reclamation Authority (WRA) on April 18, 2006, by Resolution No. 06-39 and also retained by the City of Des Moines, Iowa by Resolution No. 06-651 on April 10, 2006 to provide legal representation for the implementation of the Long-Term Control Plan, negotiation of a consent decree and the National Pollution Discharge Elimination System (NPDES) Permit with fees for the representation allocated between the WRA and the City of Des Moines as appropriate; and

WHEREAS, the WRA and the City also retained Hall & Associates for representation in obtaining the NPDES Permit issued March 1, 2016 which expires February 28, 2021; and

WHEREAS, Hall & Associates has expertise and experience in environmental law and has valuable past experience, knowledge and understanding in representing the WRA in the Long Term Control Plan, Consent Decree and NPDES Permit; and

WHEREAS, the WRA retained Hall & Associates by Resolution No. 17-144, and by the City on July 23, 2018 to assist in the resolution of issues arising under the Clean Water Act, the NPDES Permit, Consent Decree and Long Term Control Plan with a not to exceed authorization of $30,000; and

NOW THEREFORE BE IT RESOLVED BY THE DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY:

That it hereby authorizes an increase of an additional $30,000 to be paid in accordance with the resolution of 17-144 for representation by Hall & Associates in the resolution of issues arising under the Clean Water Act, including the Consent Decree, NPDES Permit, Long Term Control Plan and also hereby authorizes the representation and assistance of Hall & Associates with the negotiation of a new NPDES permit.

That it hereby consents to the joint representation of the City of Des Moines, Iowa and the Des Moines Metropolitan Wastewater Reclamation Authority by Hall & Associates with regard to the new NPDES Permit and waives any conflict of interest as to the joint representation.

48 of 110 WRA Board Resolution No. 20 - ______Agenda Item Number Date: October 20, 2020 ______15______

Moved by ______to adopt.

McCoy IN WITNESS WHEREOF, I have hereunto set my hand the day and year first above written. Goode

Gatto ______, Secretary Cownie Westergaard Selby J. Sanders Schwartz Kurovski Huisman Giovannetti Sassatelli Garvey Moerman Hadden Smith TOTAL MOTION CARRIED APPROVED

Paul Moritz, Chair

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Agenda Item

Staff Summary 16

Agenda Date: October 20, 2020

SUBJECT— Resolution Approving and Accepting the Purchase of Annual Software Maintenance and Support for the WRF Enterprise Asset Management System from Infor Global Solutions in the Amount of $70,236.84

RECOMMENDED ACTION— WRA Board approval of the Purchase of Enterprise Asset Management annual software maintenance and support from Infor, Inc.

FISCAL IMPACT— $70,236.84, funding is available from WR800810 / WRF IT Support

BACKGROUND— The Operating Contractor’s Staff requested the Finance Department Procurement Division to purchase the annual software maintenance and support from Infor Global Solutions for the WRF enterprise asset management system. This system is in place and is used by the WRF as part of the purchasing process, inventory control, and asset management. This enterprise asset management software is proprietary to Infor Global Solutions as they are the designer, servicer, and support for this software. The Procurement Administrator has determined that the annual software maintenance and support renewal for the enterprise asset management system is available from Infor Global Solutions, Rod Johnson, President, PO Box 1450, Minneapolis, MN 55485-5421, the sole area wide distributor; at a total cost of $70,236.84

Municipal Code section 2-726 (d) provides for the procurement of goods and/or services that are of such a nature that they are the only goods and/or services which will fit and comply with the required use, or are an integral part of a total system so as to be uniquely compatible with existing city needs, materials or equipment to be cost effective, and the procurement administrator so finds and declares in writing.

The Procurement Administrator and the Operating Contractor recommend approval of the non-competitive purchase of annual software maintenance and support for the enterprise asset management system from Infor Global Solutions, Rod Johnson, President, PO Box 1450, Minneapolis, MN 55485-5421, the sole area wide distributor; at a total cost of $70,236.84

50 of 110 WRA Board Resolution No. 20 - ______Agenda Item Number Date: October 20, 2020 ______16______

RESOLUTION APPROVING AND AUTHORIZING THE PURCHASE OF ANNUAL SOFTWARE MAINTENANCE AND SUPPORT FOR THE WASTEWATER RECLAMATION FACILITY ENTERPRISE ASSET MANAGEMENT SYSTEM WITH INFOR GLOBAL SOLUTIONS FOR $70,236.84

WHEREAS, the Operating Contractor requested the Finance Department Procurement Division to order annual software maintenance and support for its enterprise asset management system; and

WHEREAS, annual software maintenance and support for the enterprise asset management system is available from Infor Global Solutions, PO Box 1450, Minneapolis, MN 55485-5421, the sole area wide distributor; and

WHEREAS, Municipal Code section 2-726 (d) provides for a non-competitive procurement of goods and/or services that are of such a nature that they are the only goods and/or services which will fit and comply with the required use, or are an integral part of a total system so as to be uniquely compatible with existing city needs, materials or equipment to be cost-effective; and

WHEREAS, funding is available from WR800810/IT Support.

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF THE DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY:

1. That the non-competitive purchase of annual software maintenance and support from Infor Global Solutions for the Wastewater Reclamation Facility enterprise asset management system in the amount of $70,236.84 is hereby accepted and approved, and the WRA Director is hereby authorized to execute any licenses and implementing agreements, subject to approval as to form by the Legal Department.

51 of 110 WRA Board Resolution No. 20 - ______Agenda Item Number Date: October 20, 2020 ______16______

Moved by ______to adopt.

AGENCY ACTION YEAS NAYS PASS ABSENT CERTIFICATE Moritz I, Michael McCoy, Secretary of the Board of the Willey Des Moines Metropolitan Wastewater Reclamation Perry Authority (WRA), hereby certify that at a meeting of the WRA Board, held on the above date, among Peffer other proceedings the above was adopted. McCoy IN WITNESS WHEREOF, I have hereunto set my Goode hand the day and year first above written. Gatto

Cownie ______, Secretary Westergaard

Selby J. Sanders Schwartz Kurovski Huisman Giovannetti Sassatelli Garvey Moerman Hadden Smith TOTAL MOTION CARRIED APPROVED

Paul Moritz, Chair

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Agenda Item

17 Staff Summary

Agenda Date: October 20, 2020

SUBJECT — Resolution Approving and Authorizing Execution of Supplemental Agreement No. 3 to the Professional Services Agreement with HR Green, Inc. for Additional Construction Phase Services Associated with the WRA Eastside Interceptor, Phase 27, Segments 6 – 8 in an Amount Not to Exceed $95,000.00

RECOMMENDED ACTION — WRA Board approval of the supplemental agreement.

FISCAL IMPACT — $95,000.00, WR108, WRA Eastside Interceptor

BACKGROUND— On November 18, 2014, a professional services agreement with HR Green, Inc. was approved by the WRA Board for design and right-of-way acquisition services associated with the WRA Eastside Interceptor Pump Station and Force Main projects in the amount of $1,155,000.00. The agreement included right-or-way acquisition services for all areas of the project, including an area owned by the United States Army Corps of Engineers (USACE). After requesting the easements from the USACE the WRA was informed that the procedure for acquiring the easements would be more burdensome than anticipated. The USACE required the WRA to meet additional requirements in accordance with the USACE Saylorville Master Plan as well as the USACE Non-Recreational Outgrant Policy. These requirements required extensive efforts by both the WRA and the consultant which were not contemplated in the original Professional Services Agreement and Supplemental Agreement No. 2 with HR Green, Inc. was approved by the WRA Board on November 21, 2017 in the amount of $77,000.00 to provide these additional services.

On September 20, 2016 Supplemental Agreement No. 1 was approved by the WRA Board for Construction Phase Services associated with the WRA Eastside Interceptor Pump Station and Force Main projects in the amount of $1,517,550.00. The fee for this supplemental agreement was developed with the assumption that construction of the projects would be complete by December 15, 2019.

Supplemental Agreement No. 3 will amend the professional services agreement to provide additional construction phase services to complete the WRA Eastside Interceptor Phase 27, Segment 8 pump station improvements project. The work for Segments 6 & 7 is complete, but work progress for Segment 8 has taken longer than anticipated in development of the fee for Supplemental Agreement No. 1. The contractor currently working on Segment 8 is anticipated to be complete with all work by December 31, 2020.

The WRA is in the process of reviewing a request for a contract extension from the Segment 8 contractor, Story Construction. The additional time being requested is associated with above average precipitation in 2019, various additional work items, delays due to COVID-19, and delays in establishing the new MidAmerican Energy power feed to the pump station. After final review of the

53 of 110 request for a contract extension, the Operating Contractor’s Staff will decide whether Liquidated Damages will be assessed on this project.

This supplemental agreement would increase the overall construction phase services percentage of construction cost of the WRA Eastside Interceptor Forcemain and Pump Station projects from 6.1% to 6.5% of the total construction cost for the projects ($24,804,951.79).

At the October 13, 2020 meeting, the WRA Technical Committee recommended approval of Supplemental Agreement No. 3 with HR Green, Inc. for Additional Construction Phase Services for the WRA Eastside Interceptor, Phase 27, Segments 6 - 8 in an amount not to exceed $95,000.00.

54 of 110

Sheridan Cornell 1st Sheridan WRA Westside Pump Station 1st

Saylor Arthur West End of Segment 7

6th

Reigart

Holcomb Holcomb Sandahl

2nd NorthUnion

Prospect Holcomb 8th West End of Segment 6 11th

East End of Segment 7 Amherst Wisconsin

Watson Oxford Guthrie Guthrie Guthrie Hickman Alpha Burlington

9th Thompson Chautauqua Lincoln

Lincoln Carousel Arlington Allison Birdland

7th Franklin Mattern

Franklin 12th Union Park Jefferson Jefferson 8th Oakland

11th Jefferson 10th

8th Arlington Washington Washington Washington Cherokee Osceola 8th 13th

Ohio East End of Segment 6

College Maine Washington

´ Washington

Illinois Vermont

Eastside Interceptor 66" Gravity Sewer

Arlington

5th 4th

9th

2nd 10th

Eastside Interceptor 42" Force Main Michigan

Clark Pennsylvania 8th 7th Clark 0 500 1,000 Feet WRA Phase 27 Interceptor - Segments 6&7 55 of 110 WRA Board Resolution No. 20 - ______Agenda Item Number Date: October 20, 2020 ______17______

RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF SUPPLEMENTAL AGREEMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN, INC. FOR ADDITIONAL CONSTRUCTION PHASE SERVICES FOR THE WRA EASTSIDE INTERCEPTOR, PHASE 27, SEGMENTS 6 – 8 IN THE AMOUNT OF $95,000.00

WHEREAS, a professional services agreement with HR Green, Inc. was approved by the WRA Board on November 18, 2014 which provided for Design Phase Services for the WRA Eastside Interceptor, Phase 27, Segments 6 through 8 Projects; and

WHEREAS, Supplemental Agreement No. 1 with HR Green, Inc. was approved by the WRA Board on September 20, 2016 which provided for Construction Services for the WRA Eastside Interceptor, Phase 27, Segments 6 through 8 Projects; and

WHEREAS, The United States Army Corps of Engineers (USACE) required the WRA to meet additional requirements in accordance with the USACE Saylorville Master Plan as well as the USACE Non-Recreational Outgrant Policy; and

WHEREAS, the requirements require extensive efforts by both the WRA and the consultant which were not contemplated in the original Professional Services Agreement; and

WHEREAS, Supplemental Agreement No. 2 with HR Green, Inc. was approved by the WRA Board on November 21, 2017 which provided for Additional Design Services for the WRA Eastside Interceptor, Phase 27, Segments 6 through 8 Projects; and

WHEREAS, at this time additional Construction Phase Services are necessary to complete the WRA Eastside Interceptor, Phase 27, Segments 6 through 8 Projects; and

WHEREAS, the WRA Technical Committee at the October 13, 2020 meeting recommended approval of the proposed Supplemental Agreement No. 3 to the Agreement for Professional Services for additional Construction Phase Services associated with the WRA Eastside Interceptor, Phase 27, Segments 6 through 8 Projects.

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF THE DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY:

1. That Supplemental Agreement No. 3 to the Agreement with HR Green, Inc. for Professional Services for the WRA Eastside Interceptor, Phase 27, Segments 6 through 8 Projects, which is now on file in the office of the Board Secretary and is by this reference made a part hereof, be and is hereby approved as to form and content.

56 of 110 WRA Board Resolution No. 20 - ______Agenda Item Number Date: October 20, 2020 ______17______

2. The WRA Board Chair and WRA Secretary be and are hereby authorized and directed to execute and attest, respectively, said Supplemental Agreement No. 3 for Professional Services for and on behalf of the WRA.

Fund AG267 ORG WRA990000 Project WRA108 Activity ID 01-2015-009

Moved by ______to adopt.

AGENCY ACTION YEAS NAYS PASS ABSENT CERTIFICATE Moritz I, Michael McCoy, Secretary of the Board of the Des Willey Moines Metropolitan Wastewater Reclamation Authority (WRA), hereby certify that at a meeting of Perry the WRA Board, held on the above date, among other Peffer proceedings the above was ado pted.

McCoy IN WITNESS WHEREOF, I have hereunto set my hand the day and year first above written. Goode

Gatto ______, Secretary Cownie Westergaard Selby J. Sanders Schwartz Kurovski Huisman Giovannetti Sassatelli Garvey Moerman Hadden Smith TOTAL MOTION CARRIED APPROVED

Paul Moritz, Chair

57 of 110

Agenda Item

18 Staff Summary

Agenda Date: October 20, 2020

SUBJECT— Resolution Setting Hearing on the Intent to Acquire Property for Sanitary Sewer Improvements and Water Main and Authorize Acquisition of the Necessary Property Interests from Various Property Owners for the WRA Southern Tier Interceptor, Phase 10, Segment 24 Project by Gift, Negotiation, or Eminent Domain

RECOMMENDED ACTION— WRA Board approval of setting the date of the hearing.

FISCAL IMPACT— None at this time.

BACKGROUND— Under the provisions of Chapter 6B.2D of the Iowa Code, a governmental body which proposes to acquire private property by eminent domain for certain public improvement projects is required to give notice of a proposed resolution, motion, or other document authorizing such acquisition of property to each property owner, contract purchaser of record and any tenant known to be occupying the property at least fourteen (14) days prior to the date of the meeting at which such proposed authorization will be considered.

The WRA Southern Tier Interceptor – Phase 10, Segment 24. The sewer location is along Middle Creek in the area northerly and southerly of Beardsley Street (E. Border St.) from approximately 113th Ave to east of 100th Ave (S. Union St.).

In accordance with Iowa Code Section 6B.2D, before the WRA can proceed with said Project, the WRA Board must:

(a) Give affected persons the opportunity to attend a hearing at a WRA Board meeting and present their views and objections regarding the proposed acquisition of private property for the Project by gift, negotiation or eminent domain.

(a) Adopt a resolution to authorize acquisition of private property for the Project by gift, negotiation, or eminent domain.

(b) Mail notices as required by Iowa Code Section 6B.2D to all property owners, contract purchasers of record, and any known tenants with any potential for any form of property acquisition activity for the project.

58 of 110 59 of 110 WRA Board Resolution No. 20- ______Agenda Item Number Date: October 20, 2020 ______18______

RESOLUTION TO HOLD HEARING ON THE INTENT TO ACQUIRE AGRICULTURAL AND OTHER PROPERTY FOR SANITARY SEWER IMPROVEMENTS AND AUTHORIZE ACQUISITION OF THE NECESSARY PROPERTY INTERESTS FROM VARIOUS PROPERTY OWNERS FOR THE WRA SOUTHERN TIER INTERCEPTOR – PHASE 10, SEGMENT 24 BY GIFT, NEGOTIATION OR EMINENT DOMAIN

WHEREAS, under the provisions of Chapter 6B of the Iowa Code, a governmental entity which proposes to acquire agricultural land under power of eminent domain for a public improvement project is required to give notice of intent to commence the project to all owners and record contract purchasers of such agricultural land whose properties may be acquired in whole or in part for the project (see Sections 6A.21(a) and 6B.2A of the Iowa Code); and

WHEREAS, under the provisions of Section 6B.2D of the Iowa Code, an acquiring agency is also required to give notice of a proposed resolution, motion, or other document authorizing acquisition of property by eminent domain to each property owner, contract purchaser of record and any tenant known to be occupying the property at least fourteen (14) days prior to the date of the meeting at which such proposed authorization will be considered; and

WHEREAS, on _____February 18_____, 2020, under Resolution No. __20-24______, the WRA Board approved the 2020-21/2025-26 Capital Improvements Program, which included the WRA Southern Tier Interceptor - Phase 10, Phase 24 project (“Project”). This Project is further described as follows:

Such Project to be funded as proposed and stated on the WRA Board Staff Summary Sheet; and

WHEREAS, on October 20, 2020 under Resolution No. 20-____, the WRA Board set the time and place for a public hearing on December 15, 2020 at 1:30 p.m., at which time persons interested in the above-described project may present their views regarding the proposed project and regarding the proposed acquisition of agricultural and other property interests for the project by gift, negotiation or eminent domain; and

WHEREAS, due notice of this hearing was given as provided by law, setting forth the time and place for hearing on the proposal, including how the public can participate remotely; and

60 of 110 WRA Board Resolution No. 20- ______Agenda Item Number Date: October 20, 2020 ______18______

WHEREAS, the WRA Board has now met as provided in the mailed and published notice to receive and consider input regarding the above-described project, and the acquisition of agricultural and other private property interests for this Project by gift, negotiations or eminent domain for said project, and those interested in this proposed project, both for and against, have been given an opportunity to be heard with respect thereto and have presented their views to the WRA Board.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY:

1. That all objections and endorsements having been fully reviewed and considered, the hearing providing the opportunity for public input on the question of proceeding with the WRA Southern Tier, Phase 10, Segments 24 Project and on the acquisition or condemnation of agricultural and other property interests for this Project, is hereby concluded and closed.

2. That the proposed funding and proposed route for the above-described Project is hereby approved, and there is a reasonable expectation the City will be able to achieve its public purpose, comply with all applicable standards, and obtain the necessary permits.

3. That acquisition of private agricultural and other property interests needed for this project, including acquisition by eminent domain (condemnation) if necessary, is hereby authorized in accordance with WRA policy.

4. That the property will be acquired in accordance with the guidelines of 49 CFR Part 24 of Uniform Relocation and Real Property Acquisition Act, as revised, and that relocation is hereby authorized.

5. That if the property owners agree to convey the property to the WRA in an amount based on the established fair market value, including an approved administrative settlement, the Operating Contractor is authorized and directed to issue checks in the amounts necessary to complete this transaction and to pay any unforeseen additional costs certified by the Legal Department and the WRA Consultant, to deliver them to the payees and to complete the acquisition in accordance with standard real estate practices and state law requirements.

6. That if a condemnation hearing is held, the Operating Contractor shall present the award to the WRA Board for its consideration and approval, in accordance with WRA policy.

7. That the WRA Director and Board Chair are authorized and directed to sign all necessary real estate documents as applicable; the WRA Board Secretary is authorized and directed to endorse upon all necessary real estate documents the approval and acceptance of this Board; and the WRA Consultant and Operating Contractor are authorized to proceed to closing in accordance with this resolution

61 of 110 WRA Board Resolution No. 20- ______Agenda Item Number Date: October 20, 2020 ______18______and with standard real estate practices following review of the Legal Department of the Operating Contractor.

Moved by to adopt.

YEAS NAYS PASS ABSENT AGENCY ACTION CERTIFICATE Moritz I, Michael McCoy, Secretary of the Board of the Willey Des Moines Metropolitan Wastewater Reclamation Perry Authority (WRA), hereby certify that at a meeting of the WRA Board, held on the above date, among Peffer other proceedings the above was adopted. McCoy IN WITNESS WHEREOF, I have hereunto set my Goode hand the day and year first above written. Gatto

Cownie ______, Secretary Westergaard Selby J. Sanders Schwartz Kurovski Huisman Giovannetti Sassatelli Garvey Moerman Hadden Smith TOTAL MOTION CARRIED APPROVED

Paul Moritz, Chair

62 of 110

Agenda Item

Staff Summary

Agenda Date: October 20, 2020

SUBJECT— Resolution Accepting Completed Construction and Approving Final Payment for WRA Beaver Creek Interceptor Sheet Piling Stabilization, Peterson Contractors, Inc.

RECOMMENDED ACTION— WRA Board acceptance of the completed construction and approving final payment.

FISCAL IMPACT— Final contract amount of $1,157,847.30, WR114, WRA Beaver Creek Interceptor The total change orders amounted to $19,765.30 or 1.74% of original contract

BACKGROUND— The Des Moines River had eroded the streambank along a reach of the WRA’s Beaver Creek Interceptor and the erosion had exposed a manhole along the bank. The WRA Beaver Creek Interceptor Sheet Piling Stabilization project included construction of approximately 16,740 vertical square feet of sheet pile along 550 feet of stream bank, Hot Mix Asphalt (HMA) overlay of existing recreational trail, storm sewer, grading, traffic control, erosion control, and miscellaneous associated work, to protect the sewer and prevent future erosion in the area.

63 of 110 DES MOINES METROPOLITAN ENGINEERING DEPARTMENT WASTEWATER RECLAMATION AUTHORITY

OPERATING CONTRACTOR - CITY OF DES MOINES

CITY OF DES MOINES, IOWA WASTEWATER RECLAMATION FACILITY 3000 VANDALIA ROAD DES MOINES, IOWA 50317-1346

PROJECT SUMMARY WRA Beaver Creek Interceptor Sheet Piling Stabilization Activity ID 072019002 On December 18, 2018, under WRA Board Resolution No. WRA18-163, the WRA Board awarded the contract for the above improvements to Peterson Contractors, Inc., in the amount of $1,138,082.00. Tabulated below is a history of project change orders.

Change Order No. Initiated By Description Amount

1 Engineering 10/9/2019 $(4,005.90) 5) Storm Sewer: (-$1,925.00) 11) H Pile 14x89: (-$15,750.00) 12) Wing Cap H Pile 14x89: (-$5,700.00). 14) Sheet Pile PZ 27: (-$61,650.00) 16) Pavement, HMA 2”: (-$1,320.00) 19) Safety Railing: (-$4,200.00) 20) Repairs to reopen trail following spring slooding: ($60,039.00) 21) Time extension due to spring flooding: (add 55 days) 22) Remobilization: ($26,500.00) 2 Engineering 8/10/2020 $23,771.20 1) Traffic Control: ($4,345.00) 15) 7” PCC Recreational Trail: (-$9,840.00) 16) Pavement, 2” HMA: ($6,300.00) 17) Seeding fertilizer mulching: (4,000.00) 18) Rip Rap Class E: ($1,869.00) 23) Manhole Adjustment: ($1,200.00) 24) Top soil: ($15,897.00) 25) Completion Date: (add 192 days)

Original Contract Amount $1,138,082.00 Total Change Orders $19,765.30 Percent of Change Orders to Original Contract 1.74% Total Contract Amount $1,157,847.30

Activity ID 072019002 Page 1 of 1 64 of 110 WRA Beaver Creek Interceptor Sheet Piling Stabilization

I8035 WB Hwy I8035 EB Hwy

NW 26th St

NW Morningstar Dr

!!MÆ

!!MÆ Æ

!!M Æ

!M Æ

! Æ

!M Æ ! M Æ Approximate Project Location !! !!M

!!M Lower Beaver Rd Æ

!!M NW 46th Pl MÆ

Skyline Dr !!

!!MÆ Æ

Hillcrest Dr !!M Oaklyn Dr Hillcrest Dr Æ M Lyndale Dr !!

Brinkwood Rd Lawnwoods Dr Sawyers Dr !!M Æ 38th Pl 38th

Crestmoor Pl M Æ Crestmoor Pl !!

40th St Lindlavista Way

38th St 38th ± M Æ 0 200 400 800 1,200!! 1,600 65Feet of 110 WRA Board Resolution Number Agenda Item Number

DATE October 20, 2020

ACCEPTING COMPLETED CONSTRUCTION AND APPROVING FINAL PAYMENT FOR WRA BEAVER CREEK INTERCEPTOR SHEET PILING STABILIZATION, PETERSON CONTRACTORS, INC.

BE IT RESOLVED BY THE BOARD OF THE DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY: That the attached report of the Des Moines City Engineer, showing the cost of the construction of the WRA Beaver Creek Interceptor Sheet Piling Stabilization, 072019002, in accordance with the contract approved between Peterson Contractors, Inc., Cordell Peterson, President, 104 Blackhawk Street, Reinbeck, IA 50669, under WRA Board Resolution No. WRA18-163, of December 18, 2018, and the Des Moines Metropolitan Wastewater Reclamation Authority, and recommending the acceptance thereof, be and the same is hereby approved, and accepted, and BE IT FURTHER RESOLVED: That $1,157,847.30 is the total cost, of which $1,123,111.88 has been paid the Contractor, and $0.00 is now due and is hereby approved as final partial payment for the above project, the remaining balance of $34,735.42 is to be paid at the end of thirty days, with funds retained for unresolved claims on file in accordance with Iowa Code Chapter 573.

BE IT FURTHER RESOLVED: That the Interim Des Moines Metropolitan WRA Treasurer be and is hereby authorized to release said retainage if suit is not filed as above provided.

Moved by to adopt.

FUNDS AVAILABLE

Nickolas J. Schaul Des Moines Metropolitan WRA Treasurer

Funding Source: 2021+ WRA CIP, Page 12, WRA Beaver Creek Sewer Stablization, WR114, WRA Funds

072019002 1

66 of 110 WRA Board Resolution Number Agenda Item Number

DATE October 20, 2020

BOARD ACTION YEAS NAYS PASS ABSENT I, Michael McCoy, Board Secretary of said Des COWNIE Moines Metropolitan Wastewater Reclamation GARVEY Authority Board, hereby certify that at a meeting of GATTO the Des Moines Metropolitan Wastewater GIOVANNETTI Reclamation Authority Board, held on the above date, GOODE among other proceedings the above was adopted. HADDEN HUISMAN IN WITNESS WHEREOF, I have hereunto set my J. SANDERS hand and affixed my seal the day and year first above KUROVSKI written. MCCOY MOERMAN MORITZ PEFFER PERRY SASSATELLI SCHWARTZ Board Secretary SELBY SMITH WESTERGAARD WILLEY TOTAL

MOTION CARRIED APPROVED

WRA Board Chair

072019002 2

67 of 110 WRA Board Resolution No. 20 - ______Agenda Item Number Date: October 20, 2020 ______20______

RESOLUTION TO RECEIVE AND FILE THE FOLLOWING REPORTS FROM THE WRA DIRECTOR

BE IT RESOLVED BY THE WRA BOARD OF THE DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY:

That the Board Clerk is hereby directed to receive and file the following attached reports from the WRA Director:

A. Change Order Register Report B. Consultant Contracts Under $100,000 Report C. Construction Related Claim Settlements Report D. Industrial Pretreatment Program Update E. WRA Contract Status Update

Moved by ______to adopt

YEAS NAYS PASS ABSENT AGENCY ACTION CERTIFICATE Moritz I, Michael McCoy, Secretary of the Board of the Des Willey Moines Metropolitan Wastewater R eclamation Authority (WRA), hereby certify that at a meeting of Perry the WRA Board, held on the above date, among other Peffer proceedings the above was adopted. McCoy IN WITNESS WHEREOF, I have hereunto set my hand the day and year first above written. Goode

Gatto ______, Secretary Cownie Westergaard Selby J. Sanders Schwartz Kurovski Huisman Giovannetti Sassatelli Garvey Moerman ______Hadden Smith TOTAL MOTION CARRIED APPROVED

Paul Moritz, Chair 68 of 110 DES MOINES METROPOLITAN ITEM 20 A ENGINEERING DEPARTMENT WASTEWATER RECLAMATION AUTHORITY CITY OF DES MOINES OPERATING CONTRACTOR - CITY OF DES MOINES WASTEWATER RECLAMATION FACILITY 3000 VANDALIA ROAD WRA BOARD APPROVED DES MOINES, IOWA 50317-1346 CONSTRUCTION CONTRACT CHANGE ORDER TABULATION Tabulated below are change orders (C.O.'s) approved during the period beginning 9/1/2020 and ending 9/30/2020.

Project Name Total Original % C.O.'s to Contractor's Name C.O. Number C.O. Approval Previous Contract Original C.O. Executive Summary Activity ID Initiated By Amount Date C.O.'s Amount Contract WRA Eastside Interceptor, Phase 27, Segment 5 9 $196,212.63 9/22/2020 $1,107,754.68 $13,165,520.62 9.90% S. M. Hentges & Sons Inc. 072016010 Engineering Remove and Replace Sanitary Sewer Services - East 13th Street: $196,212.65 WRA Sugar Creek Sponsored Project Improvements – Phase 1 1 $0.00 9/21/2020 $0.00 $1,973,926.00 0.00% RW Excavating Solutions, LC 072020001 Engineering 1.01) Cutting of existing sheetpile ($1,200.00) 1.02) Installation of temporary irrigation system ($7,850.00) 1.03) Watering of seeded areas using temporary irrigation system ($13,875.20) 1.04) Wetland Protection Silt Fence ($1,025.00) 1.05) Erosion Control Measures, Install and Remove (-$1,025.00) 1.06) Temporary Rolled Erosion Control Product (RECP), Type 1.D (-$22,880.20)

WRA Eastside Interceptor, Phase 27, Segment 4A 2 $73,774.88 9/22/2020 $70,887.80 $2,386,324.00 6.06% Synergy Contracting, LLC 072020003 Engineering 2.01) Increase Quantity Bid Item 4 – Driveway and Sidewalk Removal: $7.14

2.02) Reduce Quantity Bid Item 8 – 42” Sanitary Sewer: -$642.60

2.03) Reduce Quantity Bid Item 9 – 60” Sanitary Sewer, CL 350 DI: -$505.40

2.04) Increase Quantity Bid Item 10 – 66” Sanitary Sewer: $550.20

2.05) Reduce Quantity Bid Item 12 – Tunnel #1: -$2,280.00

2.06) Reduce Quantity Bid Item 14 - Boulders: -$12,000.00

2.07) Increase Quantity Bid Item 15-15”RCP CL 3 Storm Sewer: $664.44

2.08) Increase Quantity Bid Item 17 – 36” RCP CL 3 Storm Sewer: $22.68

2.09) Increase Quantity Bid Item 18 – 36” DI CL 350 Storm Sewer: $67.20

2.10) Increase Quantity Bid Item 28 – 8” PCC Pavement: $177.80

2.11) Increase Quantity Bid Item 29 – 9” PCC Pavement: $16,011.52

2.12) Reduce Quantity Bid Item 30 – 6” Granular Surfacing: -$637.00

2.13) Reduce Quantity Bid Item 31 – 9” Granular Surfacing: -$2,856.00

2.14) Increase Quantity Bid Item 32 – 8” PCC Driveways: $11,060.28

2.15) Reduce Quantity Bid Item 33 – 4” PCC Sidewalks: -$960.96

Friday, October 16, 2020 Page 1 of 2 69 of 110 DES MOINES METROPOLITAN ENGINEERING DEPARTMENT WASTEWATER RECLAMATION AUTHORITY CITY OF DES MOINES OPERATING CONTRACTOR - CITY OF DES MOINES WASTEWATER RECLAMATION FACILITY 3000 VANDALIA ROAD WRA BOARD APPROVED DES MOINES, IOWA 50317-1346 CONSTRUCTION CONTRACT CHANGE ORDER TABULATION Tabulated below are change orders (C.O.'s) approved during the period beginning 9/1/2020 and ending 9/30/2020.

Project Name Total Original % C.O.'s to Contractor's Name C.O. Number C.O. Approval Previous Contract Original C.O. Executive Summary Activity ID Initiated By Amount Date C.O.'s Amount Contract

2.16) Reduce Quantity Bid Item 34 – 6” PCC Sidewalks: -$8.82

2.17) Reduce Quantity Bid Item 35 – Raised Domes: -$126.00

2.18) Reduce Quantity Bid Item 36 – 8” PCC Slab Buoyancy Protection: -$103.60

2.19) Increase Quantity Bid Item 37 - Sodding: $16,520.00

2.20) Increase Quantity Bid Item 38 - Seeding: $3,360.00

2.21) Reduce Quantity Bid Item 39 – Video Inspection: -$2,192.00

2.22) Reduce Quantity Bid Item 40 – Remove Fence: -$56.00

2.23) Reduce Quantity Bid Item 41 – Construct 72” Chain Link Fence: -$168.00

2.24) Increase Quantity Bid Item 44 – Remove Sanitary and Storm Sewer Pipe: $28.00

2.25) Increase Quantity Bid Item 45 – Remove Manholes and Intakes: $2,100.00

2.26) Increase Quantity Bid Item 48 – Water Main, DI, RJ 20”: $33,642.00

2.27) Increase Quantity Bid Item 53 – Fitting, 8”, DI Bend: $840.00

2.28) Reduce Quantity Bid Item 57 – Foundation Rock: -$462.00

2.29) Increase Quantity Bid Item 58 – 32 LB Magnesium Anode: $8,400.00

2.30) Chain Link Fence Privacy Screen: $957.00

2.31) Additional Tree Clearing: $2,365.00

WRA Highland Hills Demolition 1 $4,489.86 9/21/2020 $0.00 $44,750.00 10.03% DeCarlo Corporation 252019002 City Remove and reinstall culvert and cap sewer lines, to satisfy the WRA.

Friday, October 16, 2020 Page 2 of 2 70 of 110 ITEM 20 B

WRA Director’s Consultant Agreement Report

There were no new contracts under $100,000 entered with consultants during the month of September 2020. This report is provided as a provision of the WRA Consultant Selection Policy.

Name of Consultant Contract Date of Services Provided Amount Contract

71 of 110 ITEM 20 C

WRA Construction Related Claim Settlements

This report is provided per the WRA Construction-Related Claim Administration Policy for all construction-related claim settlements in the cumulative gross amount of $10,000.00 or less.

Property Owner Project Name Description of Claim Amount Date Paid

72 of 110 Progress Report ITEM 20 D

Annual Follow-Up Month Area of Concentration September Exceptions Inspections Inspections January-19 20 5 Ankeny, DSM (downtown), WDM Food Service Establishment Type of Appeal Municipality Approval (Y/N) February-19 27 7 DSM (Merle Hay, E. Locust, Ingersoll, Hubbell) March-19 36 7 Altoona, Ankeny, DSM (Ingersoll), WDM Schools none April-19 24 2 Altoona, Ankeny, WDM May-19 35 5 Altoona, Ankeny, Waukee June-19 26 8 Altoona, Ankeny, DSM, Waukee July-19 43 13 Ankeny, P. Hill, Waukee, WDM August-19 49 9 Ankeny, DSM (Univ), Polk City, Waukee September-19 33 11 Ankeny, DSM (Univ), WDM October-19 31 1 Ankeny, DSM (Univ), Johnston November-19 31 5 Ankeny, DSM, Polk County December-19 31 4 Ankeny Schools, DSM (Drake) January-20 18 4 DSM (Drake, Beaver) February-20 42 3 DSM (E. Grand), WDM March-20 17 3 DSM (E. Grand), Clive April-20 1 1 Complaint response May-20 0 1 Complaint response June-20 10 1 Ankeny, WDM, Urb. July-20 21 9 Clive, DSM, Johnston, Norwalk, Waukee, WDM August-20 19 1 Clive, DSM, P. Hill, Waukee September-20 17 2 Ankeny, DSM, WDM

Annual Exceptions (includes Economic Hardships & Physical Constraints) 35

31 30 30 29 28 28

25 24 22 20 20 19 18 approved denied 15 15 15

12 10 10

6 5 5 4 3 3 3 3 2 2 2 0 0 0 0 0 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019

73 of 110 ITEM 20 E OCTOBER 2020 - WRA CONTRACT STATUS SHEET - CONSTRUCTION CONTRACTS

WRA Eastside Interceptor, Phase 27, Segment 3 (WR108) General Contractor SM Hentges & Sons The improvement includes construction of sanitary sewer, storm sewer, water main and paving, including all labor, materials and equipment necessary for excavation and backfill of approximately 4,720 feet of 66-inch sanitary sewer in open cut, 718 feet of 66-inch sanitary sewer in trenchless Contract Amount $8,836,811.51 construction, manholes, special structures, storm sewer, water main, paving removal and replacement, traffic control, erosion control and miscellaneous associated work, including cleanup located on East 22nd Street from Logan Street to Walnut Street, Walnut Street from East 26th Street to East 22nd Change Orders to Date $123,650.41 Street and East 22nd Street from Walnut Street to Ankeny Avenue in Des Moines, Iowa Completed to Date $8,707,345.65 Percent Complete 97.2%

WRA Eastside Interceptor, Phase 27, Segment 4 (WR108) General Contractor SJ Louis Construction The improvement includes construction of sanitary sewer, storm sewer, water main and paving, including all labor, materials and equipment necessary for excavation and backfill of approximately 2,840 feet of 66-inch sanitary sewer in open cut and 1,129 feet of 66-inch sanitary sewer in trenchless Contract Amount $5,947,000.00 construction, manholes, special structures, storm sewer, water main, paving removal and replacement, traffic control, erosion control and miscellaneous associated workulocated along Ankeny Avenue from E. 22nd Street to E. 21st Street, along E. 21st Street from Ankeny Avenue to E. University Avenue, Change Orders to Date -$38,684.84 along E. 22nd Street from E. University Avenue to Easton Boulevard, along Easton Boulevard from west of E. 22nd Street to E. 20th Street, along E. 20th Street north of Easton Boulevard and west across railroad right-of-way to Wayne Street in Des Moines, Iowa Completed to Date $5,454,459.29 Percent Complete 92.3%

WRA Eastside Interceptor, Phase 27, Segment 5 (WR108) General Contractor SM Hentges & Sons The improvement includes construction of sanitary sewer, storm sewer, water main and paving, including all labor, materials and equipment necessary for excavation and backfill of approximately 7,124 feet of 54-inch through 66-inch sanitary sewer in open cut, approximately 1,328 feet of 66-inch Contract Amount $13,165,520.62 sanitary sewer in trenchless construction, manholes, special structures, storm sewer, water main, paving removal and replacement, traffic control, erosion control and miscellaneous associated work, including cleanup located along Wayne Street south of Cleveland Avenue, Cleveland Avenue from Wayne Change Orders to Date $1,303,967.31 Street to E. 16th Street, E. 16th Street from Cleveland Avenue to E. Washington Avenue, E. Washington Avenue from E. 16th Street to York Street, York Street from E. Washington Avenue to E. Jefferson Avenue, and E. Jefferson Avenue from York Street to west of E. 9th Street, all in Des Moines, Iowa Completed to Date $13,687,318.23 Percent Complete 94.6%

WRA Eastside Interceptor, Phase 27, Segments 6 & 7 (WR108) General Contractor SM Hentges & Sons The improvement includes all labor, materials and equipment for the construction of force main including installation of approximately 8440 feet of 42” ductile iron pipe, installation of approximately 960 feet of 18” ductile iron pipe, pipe fittings, crossing of the Des Moines River and Birdland Marina, air Contract Amount $9,918,773.55 release manhole structures, pavement removal and restoration, and miscellaneous associated work, including cleanup located along Prospect Road, Birdland Drive, Saylor Road and Jefferson Avenue, all in Des Moines, Iowa Change Orders to Date $612,363.24 Completed to Date $10,215,202.68 Percent Complete 97.0%

WRA Eastside Interceptor, Phase 27, Segment 8 (WR108) General Contractor Story Construction The improvement includes all labor, materials and equipment for the construction of improvements for a high flow pump station, screen building, valve vault and modifications to the existing equalization basin and Westside Pump Station including site work, yard piping, levee construction, demolition, Contract Amount $14,195,000.00 excavation, dewatering, foundation systems, cast-in-place concrete, structure and building construction, equipment installation, process piping, mechanical, electrical and controls, rehabilitation and miscellaneous associated work, including cleanup located at 1301 Prospect Road, Des Moines, Iowa Change Orders to Date $78,815.00 Completed to Date $13,322,135.93 Percent Complete 93.3%

WRA Biogas Conditioning & Injection Improvements (WR102) General Contractor Shank Constructors The improvement includes infrastructure modifications to the existing digester gas system, including installation of a pressure swing adsorption (PSA) system in existing Building 75 to purify the digester gas and equipment, and to inject the purified gas into a nearby existing natural gas main pipe. Also Contract Amount $15,036,400.00 includes building improvements to meet current code requirements, piping, gas conditioning equipment, HVAC and electrical improvements, including all necessary materials, equipment, labor, miscellaneous associated work, and cleanup located at the Wastewater Reclamation Facility, 3000 Vandalia Change Orders to Date $555,788.00 Road, Des Moines, Iowa Completed to Date $15,335,253.00 Percent Complete 98.4%

WRF Grit Removal Improvements (WR111) General Contractor Dean Snyder Construction The improvement includes infrastructure modifications to the existing grit removal system, including phased demolition of the existing aerated grit removal tanks, modifications to existing buildings No. 12 and No. 14 and construction of new building No. 10. The major modifications in buildings 12 and 14 Contract Amount $12,515,000.00 include removal and replacement of existing grit washing and handling equipment, pipe work and blower installation. The new building 10 work includes installation of a primary influent bypass channel, stacked tray grit removal system, new grit pump room, electrical room and grit conveyance piping, site Change Orders to Date $822,975.07 work, and utility relocation. All areas will include HVAC, plumbing and electrical improvements, including all necessary materials, equipment, labor, miscellaneous associated work, and cleanup located at the Wastewater Reclamation Facility, 3000 Vandalia Road, Des Moines, Iowa Completed to Date $9,727,370.75 Percent Complete 72.9%

WRA New Main Outfall, Phase 17, Segment 7 (WR086) General Contractor Oscar Renda Contracting This improvement includes construction of a sanitary sewer and water main crossing of the Des Moines River including approximately 150 feet of 144-inch sanitary sewer in open cut 800 feet of twin 90-inch diameter sanitary sewer or 800 feet of a combination of concrete box sanitary sewer and twin 90- Contract Amount $11,136,191.94 inch diameter sanitary sewer in open cut, approximately 1,100 feet of 30-inch water main in open cut, smaller diameter water main, removal and replacement of river box system, concrete encasement, coffer dam across the Des Moines River, special structures, erosion control, surface restoration and Change Orders to Date $650,899.94 miscellaneous associated work, including cleanupacross the Des Moines River on the south side of Martin Luther King Jr. Parkway between S.W. Water Street and S.E. 2nd Street in Des Moines Iowa Completed to Date $11,117,191.94 Percent Complete 99.8%

WRA Four Mile Creek Improvements - North of Euclid (WR109) General Contractor RW Excavating Solutions The improvement includes restoration and stabilization of approximately 4,800 feet of streambank including earthwork, stone rip-rap, seeding, erosion control, pedestrian trail segment removal/replacement, surface restoration, and necessary materials, equipment, labor, miscellaneous associated work, Contract Amount $929,949.00 and cleanup located along Fourmile Creek, north of Euclid Avenue, Des Moines, Iowa Change Orders to Date -$124,209.74 Completed to Date $766,490.37 Percent Complete 95.1%

WRA Beaver Creek Interceptor Sheet Piling Stabilization (WR083) General Contractor Peterson Contractors The improvement includes construction of approximately16,740 vertical square feet of sheet pile and approximately 2,030 linear feet of H-pile curtain wall, Hot Mix Asphalt (HMA) overlay of existing recreational trail, storm sewer, grading, traffic control, erosion control, and miscellaneous associated work, Contract Amount $1,138,082.00 including cleanup located along the westerly bank of the Des Moines River in an area east of Lower Beaver Road and north of Skyline Drive, Des Moines, Iowa Change Orders to Date $19,765.30 Completed to Date $1,123,111.88 Percent Complete 97.0%

WRA West Des Moines Outfall Sheetpile Repair (WR120) General Contractor Herberger Construction Company The improvement includes all labor, materials and equipment necessary for the installation of approximately 943 V.S.F. of steel sheeting and installation of approximately 151 vertical H-piles to support existing sheetpile installed along the Raccoon River adjacent to the WRA West Des Moines Outfall, Phase Contract Amount $556,855.00 13, Segment 7 sewer, including site restoration, miscellaneous associated work, and cleanup; all in accordance with the contract documents, located along the Raccoon River near Commerce Drive, West Des Moines, Iowa Change Orders to Date $139,740.00 Completed to Date $628,593.56 Percent Complete 90.2%

74 of 110 OCTOBER 2020 - WRA CONTRACT STATUS SHEET - CONSTRUCTION CONTRACTS

WRA Sewer Lining - Phase 1 (WR113) General Contractor Spiniello Companies The improvement includes two divisions of work. Division I work includes approximately 3,936 linear feet of sewer and is located from S.E. 1st Street parallel to the Raccoon River to just west of S.W. 9th Street. Division II work includes approximately 3,731 linear feet of sewer and continues to the west Contract Amount $7,863,300.00 paralleling the Raccoon River from the begin point of Division I near S.W. 9th Street to the last sewer structure before the sewer alignment orientation changes north near S.W. 16th Street. Work consists of trenchless sanitary sewer rehabilitation of existing 78-inch Reinforced Concrete Pipe (RCP), Change Orders to Date $37,138.79 trenchless sanitary sewer structure rehabilitation, sewage bypass, sewer cleaning and debris disposal, visual inspection, replacement of aluminum hatches and sluice gates, traffic control, surface restoration, and other incidental items. Completed to Date $4,427,929.72 Percent Complete 56.0%

WRA Eastside Interceptor, Phase 27, Segment 4A (WR108) General Contractor Synergy Contracting, LLC The improvement includes construction of sanitary sewer and paving, including all labor, materials and equipment necessary for excavation and backfill of approximately 505 feet of 42-inch through 66-inch sanitary sewer in open cut, approximately 482 feet of 42-inch and 66-inch trenchless sanitary Contract Amount $2,386,324.00 sewer, manholes, paving removal and replacement, traffic control, erosion control and miscellaneous associated work, including cleanup; all in accordance with the contract documents. The project is located along E. 20th Street from north of Easton Boulevard to E. Cleveland Avenue and along E. Change Orders to Date $144,662.68 Cleveland Avenue from E. 20th Street to Wayne Street, in Des Moines, Iowa Completed to Date $2,439,094.91 Percent Complete 96.4%

WRA Sugar Creek Sponsored Project Improvements - Phase 1 (WR117) General Contractor RW Excavating, LC The improvement includes restoration and stabilization of approximately 3,300 feet of streambank including earthwork, stone rip-rap, seeding, erosion control, storm sewer adjustments, surface restoration, and necessary materials, equipment, labor, miscellaneous association work, and cleanup; all in Contract Amount $1,973,926.00 accordance with the contract document. The project is located along Sugar Creek between Booneville Road and Stagecoach Road in West Des Moines, Iowa Change Orders to Date $0.00 Completed to Date $1,455,326.54 Percent Complete 73.7%

WRF Trickling Filter Removal - Phase 2 (WR119) General Contractor S.M. Hentges & Sons The improvement includes phased partial removal of three existing trickling filters, rock filter media, and associated piping and utilities, sitework grading, removal and replacement of a packaged sanitary sewer lift station, concrete paving, sidewalk, and all necessary materials, equipment, labor, Contract Amount $1,349,810.00 miscellaneous associated work, and cleanup. Change Orders to Date $0.00 Completed to Date $545,449.93 Percent Complete 40.4%

WRF Building 91 HVAC Improvements (WR118) General Contractor Central Iowa Mechanical The improvement includes modifications and replacement of existing HVAC air handling units, condensers, controls and related accessories in the Administration Building Number 91, and other incidental items; all in accordance with the contract documents. Contract Amount $709,450.00 Change Orders to Date $0.00 Completed to Date $272,133.50 Percent Complete 38.4%

WRF Clarifier Improvements - Phase 1 (WR118) General Contractor Williams Brothers Construction The improvement includes phased removal and replacement of six primary clarifier mechanisms and rehabilitation of Primary Sludge Pump Buildings No. 20 and 21, including new pumps, piping, HVAC, electrical, controls and associated work. Phased repairs to the existing primary influent channel and Contract Amount $9,330,000.00 removal and replacement of HVAC equipment and primary scum pump controls for Primary Scum Pump Station Buildings No. 26, 27 and 28 are also included. All areas will include HVAC, plumbing and electrical improvements, including all necessary materials, equipment, labor, miscellaneous associated Change Orders to Date $0.00 work, and cleanup; all in accordance with the contract documents. Completed to Date $302,058.00 Percent Complete 3.2%

WRF Flood Improvements (WR105) General Contractor Williams Brothers Construction The improvement includes phased removal and replacement of existing plant electrical switchgear, construction of a floodwall and new electrical gear around existing Building No. 05, and construction of new Building No. 73. Major modifications around Building No. 05 include utility relocations, electrical Contract Amount $15,980,000.00 transformer replacement and installation of a floodwall with vehicle access gates around the building. New Building No. 73 includes a new pre-engineered metal building to house plant electrical switchgear, natural gas-powered engine electrical generators and new parking lots. The project also includes Change Orders to Date $0.00 HVAC, plumbing and electrical improvements, including all necessary materials, equipment, labor, miscellaneous associated work. Completed to Date $0.00 Percent Complete 0.0%

WRF Building 05 HVAC Improvements (WR118) General Contractor Williams Brothers Construction The improvement includes modifications and replacement of existing HVAC heat recovery unit, makeup air unit, exhaust fans, unit heaters, controls and related accessories in the Preliminary Treatment Building No. 05, and other incidental items; all in accordance with the contract documents. Contract Amount $1,040,000.00 Change Orders to Date $0.00 Completed to Date $0.00 Percent Complete 0.0%

WRA Southwest Equalization Basin Tank Repair (WR083) General Contractor Jasper Construction Services, Inc. The improvement includes all labor, materials and equipment necessary for the structural repair of the underground wastewater storage tank at the WRA Southwest Equalization facility including concrete repair, installation of structural steel supports, sealing of concrete tank lid and installation of Contract Amount $218,856.00 concrete crack monitoring devices, including site restoration, miscellaneous associated work, and cleanup; all in accordance with the contract documents. Change Orders to Date $0.00 Completed to Date $0.00 Percent Complete 0.0%

WRF Structure 05 Gate Replacement (WR116) General Contractor Woodruff Contruction , LLC The improvement includes phased removal and replacement of an existing sewer control gate within Gate Structure 05, temporary sewer by-pass pumping, all necessary materials, equipment, labor, miscellaneous associated work, and cleanup. Contract Amount $207,300.00 Change Orders to Date $0.00 Completed to Date $0.00 Percent Complete 0.0%

75 of 110 OCTOBER 2020 - WRA CONTRACT STATUS SHEET - CONSULTANT CONTRACTS

WRA Eastside Interceptor Gravity Sewer (WR108) Consultant Veenstra & Kimm

Original Agreement Design Tasks $ 1,748,298.00 Original Agreement Right-of-Way Tasks $ 246,580.00 Supplemental Agreement No. 1 Construction Administration Tasks $ 2,144,985.00 Supplemental Agreement No. 2 Additional Design Tasks $ 78,494.00 Supplemental Agreement No. 3 Additional Design and Construction Tasks $ 720,343.00 Supplemental Agreement No. 4 Additional Construction Tasks $ 169,774.00 Completed to Date $ 5,106,223.37 Percent Complete 100.0%

WRA Eastside Interceptor Force Main & Pump Station (WR108) Consultant HR Green

Original Agreement Design Tasks $ 1,155,000.00 Supplemental Agreement No. 1 Construction Administration Tasks $ 1,517,550.00 Supplemental Agreement No. 2 Additional Tasks due to USACOE $ 77,000.00 Completed to Date $ 2,634,918.22 Percent Complete 95.8%

WRA Eastside Interceptor Materials Testing (WR108) Consultant Team Services

Original Agreement Materials Testing $ 54,999.52 Completed to Date $ 36,977.78 Percent Complete 67.2%

WRF Grit Removal Improvements (WR111) Consultant Fox Engineering

Original Agreement Evaluation Tasks $ 249,000.00 Supplemental Agreement No. 1 Design Tasks $ 890,000.00 Supplemental Agreement No. 2 Bidding and Construction Tasks $ 1,081,053.00 Completed to Date $ 2,045,560.90 Percent Complete 92.1%

WRF Grit Removal - Special Inspection Services (WR111) Consultant Team Services

Original Agreement Special Inspection Services $ 16,875.02 Completed to Date $ 6,359.33 Percent Complete 37.7%

WRA Biogas Conditioning & Injection (WR102) Consultant CDM Smith

Original Agreement Evaluation and Design Tasks $ 750,000.00 Supplemental Agreement No. 1 Additional Design, Bidding, and Construction Tasks $ 1,753,512.00 Completed to Date $ 2,454,129.22 Percent Complete 98.0%

WRA Biogas Conditioning Regulatory Assistance (WR102) Consultant EcoEngineers

Original Agreement Regulatory Assistance and Contract Tasks $ 166,985.00 Completed to Date $ 164,354.03 Percent Complete 98.4%

WRA Biogas Conditioning - Special Inspection Services (WR102) Consultant Terracon

Original Agreement Special Inspection Services $ 15,992.00 Completed to Date $ 15,199.75 Percent Complete 95.0%

WRA Biogas Conditioning - Welding Inspection Services (WR102) Consultant Olsson, Inc.

Original Agreement Special Inspection Services $ 24,000.00 Supplemental Agreement No. 1 Additional Special Inspection Services $ 5,000.00 Completed to Date $ 27,001.25 Percent Complete 93.1%

WRA Ingersoll Run Outlet Sewer (WR088) Consultant Veenstra & Kimm

Original Agreement Design Tasks $ 724,064.00 Original Agreement Right-of-Way Tasks $ 84,860.00 Completed to Date $ 371,297.67 Percent Complete 45.9%

WRF Phosphorus Recovery Facility (WR112) Consultant HDR Engineering

Original Agreement Study and Design Tasks $ 1,684,245.00 Supplemental Agreement No. 1 Aeration Evaluation Tasks $ 66,800.00 Completed to Date $ 431,839.38 Percent Complete 24.7%

WRF Clarifier Improvements (WR115) Consultant HDR Engineering

Original Agreement Design Tasks $ 585,500.00 Supplemental Agreement No. 1 Additional Design Tasks $ 76,695.00 Supplemental Agreement No. 2 Additional Design, Bidding, and Construction Tasks $ 562,000.00 Completed to Date $ 754,953.05 Percent Complete 61.7%

WRF Trickling Filter Removal (WR119) Consultant HR Green

Original Agreement Design and Bidding Tasks $ 98,200.00 Supplemental Agreement No. 1 Additional Design, Bidding, and Construction Tasks $ 95,500.00 Supplemental Agreement No. 2 Additional Construction Tasks $ 34,453.58 Supplemental Agreement No. 3 Construction Tasks for Phase 2 $ 161,018.00 Completed to Date $ 262,035.34 Percent Complete 67.3%

76 of 110 OCTOBER 2020 - WRA CONTRACT STATUS SHEET - CONSULTANT CONTRACTS

WRA Sewer Lining Phase 1 and 2 (WR113) Consultant Snyder & Associates

Original Agreement Design Tasks $ 154,900.00 Construction Phase Tasks $ 486,500.00 Completed to Date $ 296,816.40 Percent Complete 46.3%

WRA Sugar Creek Sponsored Project Improvements - Phase 1 (WR117) Consultant Snyder & Associates

Original Agreement Design, ROW, Bidding, and Construction Tasks $ 249,900.00 Completed to Date $ 239,353.30 Percent Complete 95.8%

WRA Fourmile Creek Streambank Stabilization Sponsored Project (WR109) Consultant Snyder & Associates

Original Agreement Design, ROW, Bidding, and Construction Tasks $ 220,950.00 Supplemental Agreement No. 1 Additional Design and Construction Services $ 395,400.00 Supplemental Agreement No. 2 Additional Design Services $ 40,400.00 Completed to Date $ 516,740.16 Percent Complete 78.7%

WRA Facility Planning Services FY 2020 (WR069) Consultant Veenstra & Kimm

Original Agreement General Engineering Services $ 80,000.00 Completed to Date $ 57,376.93 Percent Complete 71.7%

WRA Material Testing Services (WR098) Consultant Team Services

Original Agreement Materials Testing Services $ 40,750.00 Supplemental Agreement No. 1 Additional Materials Testing Services $ 59,124.00 Completed to Date $ 98,943.87 Percent Complete 99.1%

WRA Collection System Evaluation (WR091) Consultant Veenstra & Kimm

Original Agreement Evaluation Services $ 16,300.00 Completed to Date $ 13,654.00 Percent Complete 83.8%

WRF Building 91 HVAC Improvements (WR118) Consultant HR Green, Inc.

Original Agreement Design and Bidding Services $ 94,700.00 Supplemental Agreement No. 1 Construction Phase Services $ 64,940.00 Completed to Date $ 108,262.88 Percent Complete 67.8%

WRF Building 05 HVAC Improvements (WR118) Consultant HR Green, Inc.

Original Agreement Design and Bidding Services $ 86,900.00 Supplemental Agreement No. 1 Construction Phase Services $ 82,950.00 Completed to Date $ 86,897.73 Percent Complete 51.2%

WRA West Des Moines Outfall Sheetpile Repairs (WR120) Consultant Veenstra & Kimm

Original Agreement Design and Construction Services $ 63,000.00 Completed to Date $ 53,569.11 Percent Complete 85.0%

WRA Birdland Pump Station Improvements (WR122) Consultant HR Green Inc.

Original Agreement Investigation and Conceptual Design $ 175,000.00 Completed to Date $ 68,722.50 Percent Complete 39.3%

WRF Site Access and Security Improvements (WR121) Consultant HDR Engineering

Original Agreement Design $ 504,650.00 Completed to Date $ 123,672.98 Percent Complete 24.5%

WRF Flood Improvements (WR105) Consultant HDR Engineering

Original Agreement Alternatives Development $ 212,354.00 Supplemental Agreement No. 1 Design Services $ 776,700.00 Supplemental Agreement No. 2 Additional Design Services $ 99,947.00 Supplemental Agreement No. 3 Bidding and Construction Services $ 1,089,362.00 Completed to Date $ 1,169,302.17 Percent Complete 53.7%

WRA Flow Monitoring System Evaluation (WR091) Consultant Veenstra & Kimm

Original Agreement Study $ 25,506.00 Completed to Date $ 3,000.00 Percent Complete 11.8%

WRA Southern Tier Interceptor, Phase 10, Segment 24 (WR107) Consultant Veenstra & Kimm

Original Agreement Design, Right-of-Way, and Construction Services $ 247,000.00 Completed to Date $ 2,518.00 Percent Complete 1.0%

77 of 110 OCTOBER 2020 - WRA CONTRACT STATUS SHEET - CONSULTANT CONTRACTS

WRF Clarifier Phase 1 Improvements - Special Inspection Services (WR115) Consultant Terracon

Original Agreement Special Inspections $ 20,000.00 Completed to Date $ - Percent Complete 0.0%

WRF Flood Improvements - Special Inspection Services (WR105) Consultant Terracon

Original Agreement Special Inspections $ 30,000.00 Completed to Date $ - Percent Complete 0.0%

WRF Trickling Filter Removal, Phase 2 - Special Inspection Services (WR119) Consultant Terracon

Original Agreement Special Inspections $ 45,000.00 Completed to Date $ 5,359.25 Percent Complete 11.9%

WRF Digester No. 3 Structural Evaluation (WR074) Consultant HDR Engineering

Original Agreement Structural Evaluation $ 24,071.00 Completed to Date $ 10,246.49 Percent Complete 42.6%

WRF Air Permitting Assistance Fiscal Yer 2021-2022 (WR069) Consultant Trinity Consultants

Original Agreement Air Permitting Assistance $ 75,000.00 Completed to Date $ 5,872.50 Percent Complete 7.8%

WRF Engineering Assistance Fiscal Year 2021-2022 (WR116) Consultant HR Green

Original Agreement Multi-Disipline Engineering Assistance $ 95,000.00 Completed to Date $ - Percent Complete 0.0%

78 of 110 Agenda Item

Staff Summary

Agenda Date: October 20, 2020

SUBJECT— Hold Hearing to Lease a Portion of the Norwalk Equalization Basin Located at 7100 Dubuque Trail, Norwalk, Iowa to Warren County, Iowa and to Approve Lease Agreement, Including a Right of First Offer Therein

RECOMMENDED ACTION— WRA Board approval of holding the hearing and approving the lease agreement.

FISCAL IMPACT— None for this action.

BACKGROUND— The WRA owns and operates the WRA Norwalk Equalization Basin located at 7100 Dubuque Trail, Norwalk, IA to divert and store flows when operationally necessary. The WRA was approached by Warren County, Iowa who wishes to lease the Facility for the public purpose of constructing, maintaining, repairing, and operating an emergency public communications facility at the WRA Norwalk Equalization Basin as well as 24/7 access and the placement of utilities within the access/utility area to support said facility, and further proposes a right of first offer to be included within such lease agreement, which would allow Warren County to purchase the Leased Premises within the term of said lease agreement upon the satisfaction of certain terms, the process for which is found in paragraph 18(E) of the Lease Agreement.. The space in which Warren County, Iowa has proposed to locate the communications tower is not anticipated to be used by the WRA in the future. The proposed term of the lease agreement includes a thirty (30) year initial term. In order to lease the facility to Warren County, Iowa, and in order to convey the right of first offer to Warren County, Iowa, the WRA must hold a public hearing. The public hearing will be scheduled to be held at 1:30 PM WRA Board meeting on October 20, 2020, in the Administration Building Conference Room at the Wastewater Reclamation Facility, 3000 Vandalia Road, Des Moines, Iowa which can be joined remotely by dialing +1-855-749- 4750 and entering meeting number 133 945 7742.

79 of 110 !!M !!M !!M

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0 250 500 Feet Proposed Easement for Warren County Tower 80 of 110 WRA Board Resolution No. 20 - ______Agenda Item Number Date: October 20, 2020 ______21______

HOLD HEARING TO LEASE A PORTION OF THE NORWALK EQUALIZATION BASIN LOCATED AT 7100 DUBUQUE TRAIL, NORWALK, IOWA TO WARREN COUNTY, IOWA AND TO APPROVE LEASE AGREEMENT, INCLUDING A RIGHT OF FIRST OFFER THEREIN

WHEREAS, the WRA owns and uses the WRA Norwalk Equalization Basin located at 7100 Dubuque Trail, Norwalk, IA 50317; and

WHEREAS, Warren County, Iowa (“Lessee”) wishes to lease a portion of said WRA Equalization Basin property for the public purpose of constructing, maintaining, repairing, and operating an emergency public communications facility and security fence as well as 24/7 access and the placement of utilities within an adjoining access/utility area to support said facility; and

WHEREAS, the exclusive use of the Leased Premises is not presently required by the WRA; and

WHEREAS, the term of the lease agreement includes a thirty (30) year initial term or until terminated prior to the end of the fixed term as provided in the Lease Agreement; and

WHEREAS, Lessee shall pay the WRA a lump sum payment of $1.00 for the term of the Lease Agreement, in accordance with Iowa Code 364.7(3); and

WHEREAS, in the event the WRA elects to sell the Leased Premises during the term of the lease, the Lease Agreement further provides Lessee with a right of first offer, which allows Lessee to purchase the Leased Premises upon the satisfaction of certain terms, the process for which is found in paragraph 18(E) of the Lease Agreement; and

WHEREAS, the WRA will not be inconvenienced by the lease of said property and the right of first offer; and

WHEREAS, on September 15, 2020, by Resolution No. 20-112, it was duly resolved by the WRA Board, that the proposed conveyance of said leasehold interest be set for hearing on October 20, 2020, at 1:30 p.m. at the Wastewater Reclamation Facility, 3000 Vandalia Road, Des Moines, Iowa which can be joined remotely by dialing +1-855-749-4750 and entering meeting number 133 945 7742; and

WHEREAS, due notice of said proposal to convey said leasehold interest was given as provided by law, setting forth the time and place for hearing on said proposal, including how to participate remotely; and

WHEREAS, in accordance with WRA Board direction, those interested in the proposed conveyance, both for and against, have been given an opportunity to be heard with respect thereto and have presented their views to the WRA Board.

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF THE DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY:

81 of 110 WRA Board Resolution No. 20 - ______Agenda Item Number Date: October 20, 2020 ______21______

1. Upon due consideration of the facts and statements of interested persons, any and all objections to the proposed conveyance of a leasehold interest and first right of offer in WRA- owned real property located at 7100 Dubuque Trail, Norwalk, Iowa, 50211 to Warren County, Iowa are hereby overruled and the hearing is closed.

2. The public would not be inconvenienced by reason of the proposed conveyance of a leasehold interest and right of first offer in portions of WRA-owned real property located at 7100 Dubuque Trail, Norwalk, Iowa, 50211 to Warren County, Iowa.

3. The Des Moines Metropolitan Wastewater Reclamation Authority (WRA) proposes to lease a portion of WRA-owned real property located for the public purpose of constructing, maintaining, repairing and operating an emergency public communications facility and a security fence as well as 24/7 access and the placement of utilities within the access/utility area to support said facility, and further proposes a right of first offer to be included within such lease agreement, which would allow Warren County to purchase the Leased Premises within the term of said lease agreement upon the satisfaction of certain terms, the process for which is found in paragraph 18(E) of the Lease Agreement.

4. The proposed conveyance of a leasehold interest and right of first offer in portions of WRA- owned real property located at 7100 Dubuque Trail, Norwalk, Iowa, 50211 to Warren County, Iowa is hereby approved.

5. That the Board Chair is hereby authorized and directed to execute the Agreement and Secretary to attest to the Chair’s signature.

82 of 110 WRA Board Resolution No. 20 - ______Agenda Item Number Date: October 20, 2020 ______21______

Moved by ______to adopt.

YEAS NAYS PASS ABSENT AGENCY ACTION CERTIFICATE Moritz I, Michael McCoy, Secretary of the Board of the Des Willey Moines Metropolitan Wastewater Reclamation Authority (WRA), hereby certify that at a meeting of Perry the WRA Board, held on the above date, among other Peffer proceedings the above was adopted. McCoy IN WITNESS WHEREOF, I have hereunto set my hand the day and year first above written. Goode Gatto ______, Secretary Cownie Westergaard Selby J. Sanders Schwartz Kurovski Huisman Giovannetti Sassatelli Garvey Moerman Hadden Smith TOTAL MOTION CARRIED APPROVED

Paul Moritz, Chair

83 of 110 Agenda Item

22 Staff Summary

Agenda Date: October 20, 2020

SUBJECT— Resolution Approving and Authorizing Execution of a Chapter 28E Agreement Between the Des Moines Metropolitan Wastewater Reclamation Authority and the City of Grimes for the Financing, Design, and Construction of an Interceptor Sewer to Connect Grimes to the WRA Conveyance System

RECOMMENDED ACTION— WRA Board approval of the Chapter 28E Agreement.

FISCAL IMPACT— None for this action.

BACKGROUND— At this time, the City of Grimes desires to connect to the WRA conveyance system through the construction of new sewers. A Chapter 28E Agreement between the WRA and the City of Grimes has been negotiated for the purpose of setting forth the terms by which the WRA will accept and take ownership of the sewer connecting Grimes to the WRA. When accepted by the WRA, the sewer will be known as the WRA Grimes Connector Sewer .

Some terms of interest included in the agreement are:

• Grimes is solely responsible for the funding and payment of all costs associated with, related to or arising out of the design, acquisition of property interests, and construction of the Grimes Connector Sewer. Grimes is solely responsible for any and all costs for making any repairs to the Grimes Connector Sewer so it is in a condition acceptable to the WRA for transfer of ownership to the WRA as set forth in this Agreement.

• Grimes agrees to design and construct the sewers to be conveyed to the WRA in conformance with the State Urban Standard Specifications for Public Improvements, WRA specification requirements, and Grimes will include in the bid documents for the improvements WRA approved supplemental specifications including but not limited to those for pipe material, pipe lining (t-lok), manholes and manhole lining, and infiltration testing standards.

• Grimes will obtain all property interests necessary for the construction, reconstruction, repair, operation and maintenance of the Grimes Connector Sewer at Grimes’ sole cost and expense. All permanent property interests for the Project Improvements shall be acquired in the name of Grimes. Grimes will include in all appropriate acquisition documents and notices that Grimes intends to quit claim all its interest in the property interests and sewer to the WRA upon completion of the Project Improvements and acceptance of the Grimes Connector Sewer by the WRA

84 of 110 N 2ND ST 240TH ST W 1ST ST NW 70TH AVE 1ST ST

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NW 142ND ST N/A N/A DOUGLAS PKWY WRA JOINT TRUNK SEWER EXHIBITDOUGLAS PKWY A 142ND ST 85 of 110 Chapter 28E Agreement between the City of Grimes, Iowa and the Des Moines Metropolitan Wastewater Reclamation Authority for the Financing, Design and Construction of the Grimes Connector Sewer

This Agreement is entered into by and between the Des Moines Metropolitan Wastewater Reclamation Authority (the “WRA”) and the City of Grimes, Iowa, a municipal corporation (the “City” or “Grimes”).

WHEREAS, the Cities of Altoona, Ankeny, Bondurant, Clive, Cumming, Des Moines, Johnston, Norwalk, Pleasant Hill, Polk City, Waukee, Grimes, and West Des Moines, and Polk County, Warren County, the Urbandale Sanitary Sewer District, the Urbandale-Windsor Heights Sanitary District and the Greenfield Plaza/Hills of Coventry Sanitary District are all participating members of the WRA pursuant to the Second Amended and Restated Agreement for the Des Moines Metropolitan Wastewater Reclamation Authority (the WRA Agreement); and

WHEREAS, the WRA Agreement provides in Article VII, Section 4(e) that if a Participating Community proposes to design or construct any sanitary sewer improvement, extension, force main, equalization basin, or other similar improvement (for purposes of this subsection, collectively "Extension") and proposes that such Extension be included as a part of the WRA System, said Participating Community or Communities must follow the provisions of Article VII, Section 4(e) of the WRA Agreement; and

WHEREAS, Grimes desires to construct a new interceptor sewer, which shall include a force main, pump station, and gravity sewer, and this Agreement is undertaken for the purpose of setting forth the terms by which the WRA will accept and take ownership of the gravity sewer portion of the interceptor sewer.

NOW, THEREFORE, the WRA and City of Grimes, (hereafter referred to collectively as “the Parties”) do hereby agree as follows:

Part 1 - Joint Exercise of Powers Under Chapter 28E of the Code of Iowa.

1.1 Purpose of Agreement. Pursuant to Chapter 28E of the 2020 Code of Iowa, the Parties do hereby agree that the purpose of this Agreement is to set forth the terms by which the WRA will accept and take ownership of the gravity sewer portion of the Grimes Connector Sewer constructed by Grimes.

1.2 Effective Date. The Parties agree that this Agreement shall be effective upon its approval and execution by both Parties and its recording with the Secretary of State.

1.3 Administrators. The Parties hereby agree that the Grimes City Administrator shall be designated as administrator for purposes of this Agreement as provided by Section 28E.6 of the Code of Iowa, that the Grimes City Administrator shall administer this agreement on behalf of Grimes and that the WRA Director shall administer this Agreement on behalf of the WRA. No separate entity is created by this Agreement.

86 of 110 1.4 Duration. This Agreement shall have three originals and shall be effective upon its execution by both Parties and it shall remain in effect through June 30, 2022 or until such time as both Parties have discharged their respective obligations under this Agreement, whichever occurs later.

Part 2 – Existing Sewer and Construction of Extension of Sewer

2.1 Grimes Connector Sewer. The gravity sewer constructed by Grimes will be known as the Grimes Connector Sewer, will be owned by the WRA and will include the gravity sewer as shown on Exhibit A, and is described as follows:

A. A 54-inch diameter sewer connecting to the west end of the existing 36-inch sewer near 142nd and Douglas Parkway (Clive – USSD Joint Trunk Sewer Phase 14, Segment 2 and extending westerly along an alignment generally parallel to the existing Urbandale sanitary Sewer District Trunk Sewer to 156th Street); and

B. A 36-inch to 48-inch diameter sewer extending from the 156th Street northerly and northeasterly to the north side of Iowa Highway 44.

2.2 Project Improvements. For the purpose of this Agreement, Project Improvements are defined as: Construction of gravity sanitary sewer, including all labor, materials and equipment necessary for excavation and backfill of approximately 30,200 feet of 36-inc to 54-inch sewer installed in open cut and trenchless, manholes, erosion control and miscellaneous associated work, including cleanup and located in the Cities of Urbandale and Grimes, Dallas County, Iowa.

2.3 Compliance with Article VII, Section 4 of the WRA Agreement. Grimes, as a Participating Community, is one of the communities and service areas to be served by the Grimes Connector Sewer. As allowed by the WRA, other Participating Communities, including the Urbandale Sanitary District, may also be served by the Grimes Connector Sewer. The anticipated sewer flowage for the Grimes Connector Sewer, as of the date of this Agreement, is anticipated to be five million gallons a day. The funding source for the Grimes Connector Sewer is identified in Section 3.1 herein. Grimes hereby agrees to abide by all process and approvals set forth in Article VII, Section 4 of the WRA Agreement.

Part 3 – Grimes Responsibility for Costs for the Grimes Connector Sewer

3.1 Funding of the Grimes Connector Sewer. Grimes is solely responsible for the funding and payment of all costs associated with, related to or arising out of the design, acquisition of property interests, and construction of the Grimes Connector Sewer. Grimes is solely responsible for any and all costs for making any repairs to the Grimes Connector Sewer so it is in a condition acceptable to the WRA for transfer of ownership to the WRA as set forth in this Agreement.

87 of 110 3.2 No Cost to WRA. It is the intention of the parties that the WRA shall not be responsible for any costs associated with, related to or arising out of the design, acquisition of property interests, construction of the Grimes Connector Sewer, conveyance of Grimes Connector Sewer to the WRA or connection to the WRA conveyance system.

3.3 Revenue Bonds and SRF Obligations. Grimes represents and covenants to the WRA that it has no obligations, loan agreements, state revolving fund loans (SRF) or other financing instruments that restrict or prohibit or have covenants against the disposition, sale or transfer of the Grimes Connector Sewer or the property interests for the Grimes Connector Sewer to the WRA. If there are any such obligations, loan agreements, state revolving fund loans (SRF) or other financing instruments, Grimes shall obtain and provide written consent and authority for conveyance of the Grimes Connector Sewer and the property interests of the Grimes Connector Sewer to the WRA from such financing entity prior to the WRA accepting conveyance of the Grimes Connector Sewer.

Part 4 – Design of the Project Improvements

4.1 Design and Construction Standards. Grimes shall design and construct the Project Improvements in conformance with, the edition currently adopted by the WRA as of the date of construction, Statewide Urban Standard Specifications for Public Improvements, (SUDAS), WRA requirements (including but not limited to WRA requirements for pipe material, manholes, manhole lining and infiltration testing standards), the WRA Agreement and the provisions of this Agreement. Grimes shall include in the bid documents and specifications for the Project Improvements WRA approved supplemental specifications including but not limited to those for pipe material, manholes and manhole lining, and infiltration testing standards. Grimes shall name the WRA as a third-party beneficiary of the design and construction contract and shall require its design and construction contractor to indemnify the WRA and the City of Des Moines for said design and construction as required in Attachments 1 and 2 herein.

4.2 Approval of Design Documents by WRA. At the stages of 60% completion of the design and final completion of the design of the Project Improvements, Grimes shall submit the Design Documents for construction of the Project Improvements to the WRA Director for review and approval. Design Documents, for purposes of this Agreement, shall also include the plans and specifications. Grimes shall not procure bids for construction of the Project Improvements until the Design Documents have been approved in writing by the WRA Director. The WRA Director will review and respond to the proposed Design Documents within 20 days of receipt of the same. Should the WRA Director decline to approve the final Design Documents, the WRA Director shall so notify Grimes of such decision giving the reasons therefore. Grimes shall address WRA's concerns and resubmit the final Design Documents to the WRA Director for review and approval. The Project Improvements shall not be bid until the WRA Director has provided written approval of the Design Documents.

4.3 Changes to Design Documents. If any changes are made to the final Design Documents after the written approval by the WRA Director, then the Design Documents shall be

88 of 110 submitted to the WRA Director for review and written response before the Project Improvements are bid. Should the WRA Director decline to approve the changes, the WRA Director shall so notify Grimes of such decision giving the reasons therefore. Grimes shall address WRA's concerns and resubmit the Design Documents to the WRA Director for review and approval. The Project Improvements shall not be bid until the WRA Director has provided written approval.

Part 5 - Acquisition and Conveyance of Property Interests for Grimes Connector Sewer

5.1 Property Interests Required by WRA. The WRA requires and Grimes shall provide a minimum 30 foot wide permanent sewer easement interest centered over the sewer pipe of the Grimes Connector Sewer. All conveyance documents to the WRA shall be prepared by the attorney for Grimes on forms approved by the WRA. Prior to making any offers to property owners, Grimes shall provide the WRA with a title opinion for the subject property as well as draft conveyance documents for all property interests required for the Project. Once reviewed by the attorney for the WRA, Grimes may proceed with extending offers to the property owner. All revisions to the draft conveyance documents requested by the property owner shall be reviewed by the WRA attorney prior to obtaining signatures by the property owners. Grimes shall give all required notices and hold all necessary hearings required by 364.7 of the Iowa Code to convey the Grimes Connector Sewer to the WRA when the conditions precedent as set forth in Part 7 herein are met.

5.2 Acquisition of Property Interests. Grimes shall obtain all property interests necessary for the construction, reconstruction, repair, operation and maintenance of the Grimes Connector Sewer at Grimes’ sole cost and expense. All permanent property interests for the Project Improvements shall be acquired in the name of Grimes. Grimes shall include in all appropriate acquisition documents and notices that Grimes intends to quit claim all its interest in the property interests and sewer to the WRA upon completion of the Project Improvements and acceptance of the Grimes Connector Sewer by the WRA. Grimes shall provide an easement to the WRA for the Grimes Connector Sewer where the sewer is located within street right-of-way.

5.3 Federal, State and Local Laws. Grimes shall follow all federal, state and local laws and regulations and all WRA requirements as set forth herein for all acquisition and relocation for all property interests acquired.

5.4 Required Hearings. Grimes shall follow the provisions and hold all hearings required pursuant to Chapters 6A and 6B of the Iowa Code in acquiring all property interests for the Project Improvements.

5.5 Acquisition of Property. After the necessary hearings set forth above, (a) Grimes shall be authorized to cause its Consultant to prepare final Design Documents for the Project Improvements; and (b) Grimes shall be authorized to acquire permanent property interests for the Project Improvements in the name of both Grimes and the WRA, in accordance with the WRA Policy Regarding the Acquisition of Property for WRA Improvement

89 of 110 Projects and Regarding the Acceptance or Grant of Property Interests, as said Policy presently exists or as it is hereafter amended by action of the WRA Board. In the event of condemnation and any appeal therefrom, Grimes shall solely be responsible for all costs and expenses associated therewith, including but not limited to the cost of all defense of the WRA and all costs, fees and awards, appraisal and attorney fees assessed, awarded, or included as part of an administrative settlement.

5.6 Acquisition Forms and Plats. Permanent easements and fee acquisitions for the Grimes Connector Sewer shall be on forms approved by the WRA. Proposed changes to said forms shall only be made with WRA written concurrence. Grimes shall provide all permanent easement and acquisition plats in hard copy and shape file format to the WRA.

5.7 Marketable Title. No property interests shall be acquired unless and until Grimes has obtained an opinion or certification from its legal counsel that the grantor of the property interest is lawfully possessed of the property and authorized to make such conveyance and that such conveyance is made free and clear of all encumbrances except as may be approved by the WRA in writing. Prior to the WRA accepting ownership of the Grimes Connector Sewer, Grimes shall provide evidence of ownership of all property interests to be conveyed to the WRA by virtue of attorney opinions provided to the WRA by Grimes, along with a copy of each recorded easement or deed. For all permanent property interests acquired for the Grimes Connector Sewer, the attorney opinions shall be based upon an examination of a Certificate of Title prepared by a licensed Iowa abstractor showing mortgages, easements and personal judgments against the record titleholder(s), if any. For permanent property interests, the attorney opinions shall opine that Grimes and the WRA have title to and ownership of the fee or permanent easement free and clear of all known liens, claims, security interests, and encumbrances as reported in the Certificate of Title except those of record of which the WRA has been given actual notice in writing and which the WRA has found acceptable. WRA shall not accept ownership of the Grimes Connector Sewer until the WRA, in its sole discretion, is satisfied that Grimes has obtained marketable title in the Grimes Connector Sewer free and clear o fall encumbrances, unless an exception is approved in accordance with this Agreement and that all property interests for the Grimes Connector Sewer are in a form acceptable to the WRA to allow the WRA the right to operate, maintain, repair and reconstruct the Grimes Connector Sewer.

5.8 Acquisition Costs. All cost of acquisition of property interests for the Grimes Connector Sewer, the appeal of eminent domain proceedings or other administrative or legal proceeding associated with, related to or arising out of the acquisition of property interests for the Grimes Connector Sewer shall be at the sole cost and expense of Grimes, including but not limited to the cost of all defense of the WRA and all costs, fees and awards, appraisal and attorney fees assessed, awarded, or included in an administrative settlement.

5.9 Conveyance of Grimes Connector Sewer. Grimes shall convey all interests in the Grimes Connector Sewer by Quit Claim Deed and easement on forms acceptable to the WRA when the WRA accepts ownership in accordance with Part 7 herein. Grimes shall hold all public hearings required under Iowa law to effectuate such conveyance. Unless the parties otherwise agree through a separate agreement, the WRA shall not accept ownership of the

90 of 110 Grimes Connector Sewer prior to final disposition of all condemnations, including all appeals therefrom.

Part 6 - Construction of Project Improvements

6.1 Construction of Project Improvements. Upon written approval of the plans and specifications by the WRA Director, Grimes shall construct and administer the Project Improvements in accordance with the plans and specifications approved by the WRA Director, SUDAS Standard Specifications, current edition as of the date of construction, WRA requirements, applicable federal, state and local laws and this Agreement.

6.2 Change Orders. Grimes shall notify the WRA Director of all proposed change orders for the portion of the Project Improvements which in any way alter or change the design, function or materials of the Project Improvements and obtain the WRA Director’s written consent to such change orders. Grimes agrees that the Project Improvements shall be completed in strict adherence to the Design Documents as approved by the WRA. Any deviations from the Design Documents or substitutions of materials, construction methods, or equipment shall be permitted only with the prior written consent of the WRA Director.

6.3 Final Inspection. Upon contractor request for final payment, the Grimes City Engineer shall conduct a final inspection and develop a punch list of items for completion. The Grimes City Engineer shall inform the WRA Director in writing of the date and time of the final inspection at least 7 days prior to the inspection so that WRA may send a representative to attend. The Grimes City Engineer shall be responsible for developing the punch list of work items for completion and shall include any work items that the WRA Director determines need to be corrected. Grimes shall not accept the Project Improvements until all issues or work items identified by the WRA have been addressed to the satisfaction of the WRA Director. Upon determination that construction of the Project Improvements have been completed, the Grimes City Engineer shall give written notice of Project Improvement completion to the WRA Director, therein declaring and certifying that the Project Improvements has been completed and constructed in conformance with the Design Documents and contract documents.

6.4 As-Built Information. Grimes shall provide to the WRA as-built information for the Grimes Connector Sewer, including the horizontal and vertical locations of all manhole rims and inverts. Horizontal as-built information for all manholes shall be provided by Grimes to the WRA in Iowa South State Plane Datum. The as-built drawings shall clearly indicate the vertical datum used for as-built elevations.

6.5 Televising of the Grimes Connector Sewer. After completion of the Project Improvements, Grimes shall televise the Grimes Connector Sewer. The televising reports shall be developed and provided to the WRA indicating and showing location of the connections, manholes, leaks, infiltration and defects. Grimes agrees to repair and correct all leaks, infiltration and defects in the Grimes Connector Sewer to the satisfaction of the WRA Director prior to WRA acceptance of the Grimes Connector Sewer. Grimes shall provide evidence of such repair and correction to the WRA Director. The WRA Director shall notify Grimes in writing when the WRA is satisfied with the condition of the Grimes Connector Sewer. All televising videos

91 of 110 and reports shall be turned over to the WRA prior to final acceptance of the Project Improvements.

Part 7 – Acceptance of Improvements by the WRA

7.1 Conditions Precedent to Acceptance by WRA. The WRA will accept the Grimes Connector Sewer when all of the flowing condition precedents are fulfilled:

A. Grimes has notified the WRA that the Project Improvements have been constructed and finally accepted by Grimes. Grimes has provided a copy of the resolution of the Grimes City Council certifying construction is completed in accordance with the Plans and Specifications and Grimes’ acceptance of the Project Improvements.

B. Grimes has provided the as-built plans and a certification from the Grimes City Engineer that the Grimes Connector Sewer was completed and constructed in conformance with the plans and specifications, design documents and contract documents.

C. Grimes has acquired 30 foot wide permanent easements centered over the pipe of the Grimes Connector Sewer in a form satisfactory to the WRA.

D. Grimes has provided all easement and acquisition plats in hard copy and in shape file format to the WRA as required in section 5.6 herein satisfactory to the WRA.

E. Grimes has provided evidence of ownership of all Grimes Connector Sewer property interests as required in Section 5.7 herein satisfactory to the WRA.

F. Grimes has provided written certification that no eminent domain, administrative and/or other lawsuits or proceedings are pending associated with, related to or arising out of the design, acquisition of property interests or construction of the Project.

G. The Iowa Finance Authority, or such other financing entity that has provided financing of the Grimes Connector Sewer, has provided written consent and authorization for Grimes to convey the Grimes Connector Sewer to the WRA as required in Section 3.3 herein.

H. Grimes has executed all closing documents and held all hearings and complied with Section 364.7 of the Iowa Code for conveyance of the Grimes Connector Sewer and all property interests.

7.2 Satisfaction of Conditions Precedent. Upon these conditions being satisfied, in the sole determination of the WRA, the WRA shall prepare a quit claim deed and an easement in accordance with Section 5.1 herein for conveyance of Grimes’ interest in the property interests and the Grimes Connector Sewer as set forth in Part 7 to the WRA. Grimes shall provide all necessary legal descriptions and exhibits for the conveyance and hold all hearings in compliance with Section 364.7 of the Iowa Code to convey the Grimes Connector Sewer and

92 of 110 property interests to the WRA. Upon providing the required notices and resolutions authorizing conveyance in a form acceptable to the WRA legal counsel, the WRA will proceed with acceptance of the Grimes Connector Sewer.

Part 8 – Connections to the Grimes Connector Sewer

8.1 Grimes shall not permit others to connect to the Grimes Connector Sewer. Grimes shall not make any connections to Grimes Connector Sewer unless Grimes first obtains written consent from the WRA Director to do so.

Part 9 - Insurance and Indemnification

9.1. Definition of WRA for Part 9. For purposes of Part 9 of this Agreement, the term "WRA" shall mean the Des Moines Metropolitan Wastewater Reclamation Authority and its Operating Contractor, the City of Des Moines, Iowa, including their respective elected and appointed officials, employees and volunteers.

9.2 Consultant Insurance. Grimes shall require its design Consultant to purchase and maintain insurance to protect the WRA and the WRA’s Operating Contractor, the City of Des Moines, Iowa, as set forth in Attachment 1.

9.3 Contractor Insurance. Grimes shall require its Contractor to purchase and maintain insurance to protect the WRA and WRA's Operating Contractor, the City of Des Moines, as set forth in Attachment No. 2.

9.5 Waiver of Subrogation. To the extent permitted by law, the WRA and Grimes hereby release one another, their respective elected and appointed officials, its agents, employees and volunteers and other working on their behalf, from and against any and all liability or responsibility to each other or anyone claiming through or under the others by way of subrogation or otherwise, for any loss or damage to property caused by fire or any other casualty and for any loss due to occupational injury. This provision shall be applicable and in full force and effect only with respect to loss or damage arising out of this Agreement. The policies of insurance of each shall contain a clause or endorsement to the effect that such release shall not adversely affect or impair such policies or prejudice the right of each to recover thereunder.

9.6 Indemnification Requirement.

To the fullest extent permitted by law, Grimes agrees to indemnify, defend and hold harmless the WRA, its elected and appointed officials, employees and volunteers and others working on behalf of the WRA against any and all claims, demands, suits, or loss, including any and all outlay and expense connected therewith, and for any damages which may be asserted, claimed or recovered against or from the WRA, its elected and appointed

93 of 110 officials, employees and volunteers and others working on behalf of the WRA, including by reason of personal injury, bodily injury or death, and property damages, including loss of use thereof, which arise from the design, acquisition of property or construction of the Grimes Connector Sewer or Grimes’ obligations under this Agreement. This requirement shall survive the termination of this Agreement.

Part 10 – Bike Trail Provisions.

The parties agree a bike trail may be constructed to connect with existing bike trails at a future date along the footprint of the Grimes Connector Sewer (“Bike Trail”), in accordance with the following terms and conditions:

A. After the WRA has accepted the Grimes Connector Sewer and after Grimes has obtained and provided evidence to the WRA, of all the property interests needed for the Bike Trail from private property owners, the WRA shall allow Grimes to construct the Bike Trail within the WRA’s easement areas for the Grimes Connector Sewer pursuant to the terms set forth herein.

B. Grimes shall solely be responsible for designing and constructing the Bike Trail. All Design Documents for the Bike Trail must be approved in writing by the WRA Director before construction of the Bike Trail may commence. Grimes shall solely bear the cost of all design and construction work associated with the Bike Trail.

C. The Bike Trail shall be constructed of a strength sufficient to support the use of a 1-ton service truck on the Bike Trail.

D. The WRA shall be allowed to utilize the Bike Trail to access the Grimes Connector Sewer for purposes of inspecting and servicing said sewer, including use of a 1-ton service truck. However, the WRA shall not utilize equipment larger than a 1-ton truck when using the Bike Trail to access said sewer.

E. Grimes shall be solely responsible for all ongoing maintenance of the Bike Trail and all costs associated therewith, except as otherwise provided in Section 10(F) herein.

F. In the event that either the WRA needs to perform major work on the Grimes Connector Sewer under the Bike Trail or the WRA damages the Bike Trail by driving a large piece of equipment weighing in excess of 1-ton, the WRA shall be solely responsible for all resulting damage, the full restoration of the impacted area of the Bike Trail, and all costs associated with said restoration.

G. Grimes hereby agrees to indemnify, defend and hold harmless the WRA, its subsidiaries, affiliates, officers, director, employees and agents from and against any and all claims or suits (including but not limited to personal injury, and/or property damage) including costs and attorney fees arising from any Bike Trail

94 of 110 located upon the WRA's sewer, including but not limited to WRA’s manholes located within the Bike Trail.

Part 11 – General Provisions.

11.1 Notices and Invoices. All notices which the Parties are authorized or required to give one another pursuant to this Agreement, and all invoices, shall be in writing and may be personally delivered or sent by ordinary mail to the addresses hereafter provided. Mailed notices or invoices shall be deemed to be received by the Party to whom directed when they are postmarked. Such notices and invoices shall be delivered or mailed to the following persons at the addresses listed:

Notices to WRA: Notices to Grimes: Chair, WRA Metropolitan Board Mayor, City of Grimes c/o Des Moines Metropolitan 101 NE Harvey St Wastewater Reclamation Facility Grimes, IA 50265 3000 Vandalia Road Des Moines, Iowa 50317

11.2 Declaration of Default and Notice. In the event that either party determines that the other Party has defaulted in the performance of its obligations hereunder, the aggrieved party may declare that default has occurred and give notice thereof to the defaulting party. Notice of default shall be given in writing, shall specify the nature of the default and the provision of the Agreement involved, and shall specify what action is required of the defaulting party to correct the default. The defaulting party shall have 30 days from the date of its receipt of the notice of default to correct the default. If at the end of said 30-day period the default has not, in the opinion of the aggrieved party, been corrected, and if such default shall constitute a material breach of this Agreement, that party may then take action it determines necessary or appropriate to enforce or obtain performance of the provisions of this Agreement.

11.3 Dispute Resolution - Mediation. The WRA and Grimes agree that any disputes arising between them with regard to the interpretation or application of this Agreement may be submitted to mediation at the request of either party.

A. Any request for mediation must be in the form of a written notice requesting mediation. Such notice shall identify each disputed matter requested to be mediated, the amount involved if any, and the remedy sought. In the absence of agreement by the Parties to the contrary, the questions to be mediated shall be those specified in the notice requesting mediation.

B. If Grimes and the WRA agree, they may mutually select the mediator to resolve the disputed matter. If the Parties fail to agree on a mediator, the party whom received notice of mediation shall, within ten days of receiving the notice of mediation, provide the other party with a list of three mediators. Then, from said list, the party requesting mediation shall select the mediator within ten days of receiving said list. The failure to select a mediator within ten days shall be deemed a waiver of its request

95 of 110 for mediation. The mediator selected shall provide an undertaking of impartiality. Each party shall equally split the mediator’s costs and expenses.

D. The mediator shall not have been a regular employee or an individual retained by either party at the time the claim arose, or at the time of mediation. No one shall be qualified to act as a mediator if service in such role would create a conflict of interest.

E. The mediator shall have authority to examine records by Grimes and the WRA. Notification of mediation shall be made by the mediator to both Grimes and the WRA and each shall have the opportunity to attend all mediation sessions.

H. This Agreement shall be governed by the laws of the State of Iowa.

I. The place of mediation shall be Des Moines, Iowa.

J. The use of mediation shall not prevent either party from pursuing any other remedies available under law.

11.4 Remedies. In addition to any other remedies available under applicable law, the WRA and Grimes shall have the right to the equitable remedy of specific performance to enforce compliance with any provision of this Agreement.

11.5 Amendment of Agreement. This Agreement may be amended only by written agreement signed by both Parties.

11.6 Assignment of Agreement. Neither Party may assign this Agreement to a third party without the written consent of the other Party.

11.7 No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create in any third party, or in favor of any third party, any right(s), license(s), power(s) or privilege(s).

11.8 Severability. If any section, provision or part of this Agreement shall be found to be invalid or unconstitutional, such finding shall not affect the validity of the Agreement as a whole or any section, provision or part thereof not found to be invalid or unconstitutional.

11.9 Governing Law; Jurisdiction. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Iowa. Lawsuits brought by either Party in connection with this Agreement shall be heard and tried in Polk County District Court, Des Moines, Iowa.

11.10 Entire Agreement. This Agreement, except for the WRA Agreement, represents the entire agreement between the WRA and Grimes. Any subsequent change or modification to the terms of this Agreement shall be in the form of a duly executed addendum to this Agreement.

96 of 110 11.11 Execution of Agreement. This Agreement shall be executed in two counterparts, each of which so executed shall be deemed to be an original.

97 of 110

CITY OF GRIMES, IOWA

By: ______ATTEST: Scott Mikkelsen, Mayor

By: ______Rochelle Williams, City Clerk

STATE OF IOWA ) ) SS COUNTY OF POLK )

On this ______day of ______, 20___, before a Notary Public in and for the City of Grimes, personally appeared Scott Mikkelsen and Rochelle Williams, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Grimes, Iowa, a Municipality, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipality, and that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipality by it voluntarily executed.

______Notary Public in and for the State of Iowa

98 of 110 DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY

By: ______Paul Moritz, Chair ATTEST:

By: ______Michael McCoy, Secretary

STATE OF IOWA ) ) SS COUNTY OF POLK )

On this ______day of ______, 20___, before a Notary Public in and for the Des Moines Metropolitan Wastewater Reclamation Authority, personally appeared Paul Moritz and Michael McCoy, to me personally known, who being duly sworn, did say that they are the Chair and Secretary, respectively of the Des Moines Metropolitan Wastewater Reclamation Authority, a legal entity created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Authority, and that said instrument was signed and sealed on behalf of said Authority by authority and resolution of its Board and said Chair and Secretary acknowledged said instrument to be the free act and deed of said Authority by it voluntarily executed.

______Notary Public in and for the State of Iowa

99 of 110 ATTACHMENT 1

DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY PROFESSIONAL SERVICES – CONSTRUCTION DESIGN

INSURANCE & INDEMNIFICATION REQUIREMENTS

For the purposes of this Attachment and the provisions included herein, the terms “WRA,” “DSM” and “GRIMES” mean, respectively, the Des Moines Metropolitan Wastewater Reclamation Authority, the City of Des Moines, Iowa and the City of Grimes, Iowa and their respective elected and appointed officials, agents, employees and volunteers, and others working on behalf of each.

1. GENERAL

The CONSULTANT shall purchase and maintain insurance to protect (1) the CONSULTANT, (2) the Des Moines Metropolitan Wastewater Reclamation Authority (WRA), (3) the City of Des Moines, Iowa (DSM) and (4) the City of Grimes, Iowa (GRIMES) throughout the duration of the Agreement. Said insurance shall be provided by insurance companies “admitted” or “non-admitted” to do business in the State of Iowa having no less than an A. M. Best Rating of “B+.” All policies, except professional liability, shall be written on an occurrence basis and in form and amounts satisfactory to the WRA, DSM and GRIMES. Certificates of Insurance confirming adequate insurance coverage shall be submitted to the WRA, DSM and GRIMES prior to Agreement execution or commencement of work and/or services.

2. INSURANCE REQUIREMENTS

A. COMMERCIAL GENERAL LIABILITY INSURANCE: Commercial General Liability insurance on an occurrence basis with limits of liability not less than $1,000,000 per occurrence and/or aggregate combined single limit covering Personal Injury, Bodily Injury and Property Damage. Coverage shall include: (a) Contractual Liability, (b) Premises and Operations, (c) Products and Completed Operations, (d) Independent Contractors Coverage, (e) Personal and Advertising Injury and (f) Explosion, Collapse and Underground- XCU (when applicable). Waiver of Subrogation in favor of the WRA, DSM and GRIMES is required as per paragraph 2.F. below.

Coverage shall be no less comprehensive and no more restrictive than the coverage provided by ISO standard Commercial General Liability Policy form ISO CG 0001 including standard exclusions or a non-ISO equivalent form. Neither WRA, DSM nor GRIMES shall be included as Additional Insureds.

B. CONTRACTUAL LIABILITY: The Contractual Liability coverage required above shall include the cost of defense and settlement. CONSULTANT agrees to submit to its insurance carrier, on behalf of the WRA and/or DSM and/or GRIMES, any claim or demand against the WRA or DSM or GRIMES for which the CONSULTANT has agreed to defend, indemnify and hold the WRA, DSM and GRIMES harmless in Section 3 Indemnification below, and to do so in a timely manner so required in its insurance policies.

C. WORKER’S COMPENSATION & EMPLOYER’S LIABILITY INSURANCE: As required by State of Iowa Workers’ Compensation Law, the CONSULTANT shall procure and maintain Worker’s Compensation Insurance, including Employer’s Liability Coverage. The Workers’ Compensation Insurance shall be written with State of Iowa statutory limits. If, by Iowa Code Section 85.1A, the CONSULTANT is not required to purchase Workers’ Compensation Insurance,

100 of 110 the CONSULTANT shall have a copy of the State’s Nonelection of Workers’ Compensation or Employers’ Liability Coverage form on file with the Iowa Workers’ Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Waiver of Subrogation in favor of WRA, DSM and GRIMES is required as per paragraph 2.F. below.

D. PROFESSIONAL LIABILITY INSURANCE: Professional Errors and Omissions Insurance with limits not less than $2,000,000 per claim and in the aggregate.

E. CANCELLATION & NONRENEWAL NOTIFICATIONS: The CONSULTANT shall provide the WRA and GRIMES no less than ten (10) days notification of cancellation or nonrenewal of the General Liability Insurance and Professional Liability Insurance policies required above. Written notifications shall be sent to: • City of Grimes , Grimes City Clerk, Grimes City Hall, 101 NE Harvey St., Grimes, Iowa, 50111. • Des Moines Metropolitan Wastewater Reclamation Authority, Executive Director, 3000 Vandalia Rd, Des Moines, IA 50317

F. WAIVER OF SUBROGATION: To the fullest extent permitted by law, CONSULTANT hereby releases the WRA, DSM and GRIMES from and against any and all liability or responsibility to the CONSULTANT or anyone claiming through or under the CONSULTANT by way of subrogation or otherwise, for any loss without regard to the fault of the WRA, DSM or GRIMES or the type of loss involved including loss due to occupational injury. This provision shall be applicable and in full force and effect only with respect to loss or damage occurring during the time of this Agreement. The CONSULTANT’S Workers Compensation Insurance and General Liability Insurance policies shall contain either a policy provision or endorsement affirming the above stated release in favor of the WRA, DSM and GRIMES including their respective elected and appointed officials, agents, employees and volunteers, and others working on behalf of each.

G. PROOF OF INSURANCE: The CONSULTANT shall provide the following proof of insurance to the CITY: • Certificates of Insurance evidencing all insurance coverage as required in paragraphs A through F above utilizing the latest version of the ACORD form. The Certificate(s) of Insurance shall specify the Title of the Contract under “Description of Operations/Locations/Vehicle/Special Items” and indicate Waiver of Subrogation by marking the corresponding boxes on COI and/or including a statement of compliance under Description of Operations. Mail Certificates of Insurance to: • City of Grimes, Grimes City Clerk , Grimes City Hall, 101 NE Harvey St., Grimes, Iowa 50111. • Des Moines Metropolitan Wastewater Reclamation Authority, Executive Director, 3000 Vandalia Rd, Des Moines, IA 50317

G. AGENTS, SUBCONSULTANTS AND SUBCONTRACTORS: The CONSULTANT shall require all its agents, subconsultants and subcontractors who perform work and/or services on behalf of the CONSULTANT to purchase and maintain the types of insurance customary to the industry or trade related to the services being provided.

3. INDEMNIFICATION REQUIREMENTS

101 of 110 For other than professional services rendered, to the fullest extent permitted by law, CONSULTANT agrees to defend, pay on behalf of, indemnify, and hold harmless the WRA, DSM and GRIMES against any and all claims, demands, suits, damages or losses, together with any and all outlay and expense connected therewith including, but not limited to, attorneys’ fees and court costs that may be asserted or claimed against, recovered from or suffered by the WRA, DSM or GRIMES by reason of any injury or loss including, but not limited to, personal injury, bodily injury including death, property damage including loss of use thereof, and economic damages that arise out of or are in any way connected or associated with CONSULTANT’S work or services under this Agreement, including that of its officers, agents, employees, subconsultants, subcontractors and others under the control of CONSULTANT, except to the extent caused by or resulting from the negligent act or omission of the WRA, DSM or GRIMES or the WRA’S, DSM’S or GRIMES’S employees, consultants, agents or others for whom the WRA, DSM or GRIMES is responsible.

For professional services rendered, to the fullest extent permitted by law, CONSULTANT agrees to pay on behalf of, indemnify, and hold harmless the WRA, DSM and GRIMES against any and all claims, demands, suits, damages or losses, together with any and all outlay and expense connected therewith including, but not limited to, attorneys’ fees and court costs and economic damages that may be recovered from or suffered by the WRA, DSM or GRIMES that arise out of any negligent act, error or omission of the CONSULTANT including that of its officers, agents, employees, subconsultants, subcontractors and others under the control of CONSULTANT, except to the extent caused by or resulting from the negligent act or omission of the WRA, DSM or GRIMES or the WRA’S, DSM’S or GRIMES’S employees, consultants, agents or others for whom the WRA, DSM or GRIMES is responsible.

CONSULTANT’S obligation to indemnify the WRA, DSM and GRIMES contained in this Agreement is not limited by the amount or type of damages, compensation or benefits payable under any workers’ compensation acts, disability benefit acts, or other employee benefits acts.

The WRA, DSM and GRIMES shall not be liable or in any way responsible for any injury, damage, liability, claim, loss or expense incurred by CONSULTANT arising out of or in any way connected or associated with CONSULTANT’S work or services under this Agreement, including that of its officers, agents, employees, subconsultants, subcontractors and others under the control of CONSULTANT, except to the extent caused by or resulting from the negligent act or omission of the WRA, DSM or GRIMES or the WRA’S, DSM’S or GRIMES’S employees, consultants, agents or others for whom the WRA, DSM or GRIMES is responsible.

CONSULTANT expressly assumes responsibility for any and all damage caused to WRA or GRIMES property arising out of or in any way connected or associated with CONSULTANT’S work or services under this Agreement, including that of its officers, agents, employees, subconsultants, subcontractors and others under the control of CONSULTANT.

CONSULTANT shall ensure that its activities on WRA or GRIMES property will be performed and supervised by adequately trained and qualified personnel and CONSULTANT will observe all applicable safety rules.

For professional service agreements with a total estimated cost to the WRA of $500,000 or more, delete the second paragraph of Section 3 above and replace it with the following:

For professional services rendered, to the fullest extent permitted by law, CONSULTANT agrees to defend, pay on behalf of, indemnify, and hold harmless the WRA, DSM and GRIMES against any and all claims, demands, suits, damages or losses, together with any and all outlay and expense

102 of 110 connected therewith including, but not limited to, attorneys’ fees and court costs and economic damages that may be asserted or claimed against, recovered from or suffered by the WRA, DSM or GRIMES that arise out of any negligent act, error or omission of the CONSULTANT including that of its officers, agents, employees, subconsultants, subcontractors and others under the control of CONSULTANT , except to the extent caused by or resulting from the negligent act or omission of the WRA, DSM or GRIMES or the WRA’S, DSM’S or GRIMES’S employees, consultants, agents or others for whom the WRA, DSM or GRIMES is responsible.

103 of 110 ATTACHMENT 2

DES MOINES METROPOLITAN WASTEWATER AUTHORITY STANDARD – MAJOR – CONSTRUCTION

INSURANCE & INDEMNIFICATION REQUIREMENTS

For the purposes of this Attachment and the provisions included herein, the terms “WRA” and “CITY” mean, respectively, the Des Moines Metropolitan Wastewater Reclamation Authority and the City of Grimes , Iowa and their respective elected and appointed officials, agents, employees and volunteers, and others working on behalf of each.

1. GENERAL

The CONTRACTOR shall purchase and maintain insurance to protect (1) the CONTRACTOR, (2) the Des Moines Metropolitan Wastewater Reclamation Authority (WRA) and (3) the City of Grimes, Iowa (CITY) throughout the duration of this Contract. Said insurance shall be provided by insurance companies “admitted” or “non-admitted” to do business in the State of Iowa having no less than an A. M. Best Rating of “B+.” All policies shall be written on an occurrence basis and in form and amounts satisfactory to the WRA and CITY. Certificates of Insurance confirming adequate insurance coverage shall be submitted to the WRA and CITY prior to Contract execution or commencement of work and/or services.

2. INSURANCE REQUIREMENTS

H. COMMERCIAL GENERAL LIABILITY INSURANCE: Commercial General Liability insurance on an occurrence basis with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate combined single limit covering Personal Injury, Bodily Injury and Property Damage. Coverage shall include: (a) Contractual Liability, (b) Premises and Operations, (c) Products and Completed Operations, (d) Independent Contractors Coverage, (e) Personal and Advertising Injury and (f) Explosion, Collapse and Underground- XCU (when applicable). Waiver of Subrogation in favor of the WRA and CITY is required as per paragraph 2.K. below.

B. AUTOMOBILE LIABILITY INSURANCE: Automobile Liability Insurance with limits of liability of not less than $1,000,000 per occurrence combined single limit covering Bodily Injury and Property Damage. Coverage shall include all owned, non-owned, and hired vehicles. If the CONTRACTOR’S business does not own any vehicles, coverage is required on non-owned and hired vehicles. Policy shall include Contractual Liability coverage. Waiver of Subrogation in favor of the WRA and CITY is required as per paragraph 2.K. below.

C. UMBRELLA/EXCESS LIABILITY INSURANCE: The General Liability and Automobile Liability Insurance requirements above may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including a Waiver of Subrogation in favor of the WRA and CITY is required as per paragraph 2.K. below.

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D. WORKER’S COMPENSATION & EMPLOYER’S LIABILITY INSURANCE: As required by State of Iowa Workers’ Compensation Law, the CONTRACTOR shall procure and maintain Worker’s Compensation Insurance, including Employer’s Liability Coverage. The Workers’ Compensation Insurance shall be written with State of Iowa statutory limits. If, by Iowa Code Section 85.1A, the CONTRACTOR is not required to purchase Workers’ Compensation Insurance, the CONTRACTOR shall have a copy of the State’s Nonelection of Workers’ Compensation or Employers’ Liability Coverage form on file with the Iowa Workers’ Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Waiver of Subrogation in favor of the CITY is required as per paragraph 2.K. below.

E. BUILDERS RISK INSURANCE: When the work required by the Contract is for new construction or a new addition to an existing structure, the CONTRACTOR shall purchase and maintain property insurance, a.k.a. Builder's Risk Insurance, in the amount of the initial bid amount or in an amount equal to the estimated value of actual building construction; whichever is less after excluding the cost of any public improvements such as sidewalks, curbs, gutters, parking lots, landscaping etc.. The policy shall be written on a replacement cost basis. Such property insurance shall be maintained until such work has been put to its intended purpose by the WRA with permission of the CONTRACTOR or upon final acceptance of the work by the WRA. The insurance shall include interests of the WRA, the CITY, the CONTRACTOR, subcontractors, and sub-subcontractors in the work.

If the installation of boilers or other pressurized vessels or equipment is part of the work required by the contract or by law, the CONTRACTOR shall purchase Boiler and Machinery Insurance, as per Paragraph 2.G. below, unless Boiler and Machinery Insurance coverage is included in the CONTRACTOR’S Builders Risk Insurance policy, in which case, the CONTRACTOR’S Builders Risk policy may be used to satisfy the Boiler and Machinery Insurance requirement to the extent its coverage specifically covers such objects during installation, testing, and until final acceptance by the WRA. A Waiver of Subrogation in favor of the WRA and the CITY is required as per paragraph 2.K. below.

F. INLAND MARINE INSURANCE / INSTALLATION FLOATER: When the work required by the Contract is for renovating an existing structure or installing equipment in or upon an existing structure, the CONTRACTOR shall purchase and maintain an Installation Floater during the life of this Contract. The Installation Floater shall cover all materials, fixtures, equipment, and supplies provided for the job including coverage for the property of others in CONTRACTOR’S care, custody, or control. Such insurance shall be on an “all risk” form in an amount equal to the maximum value of such materials, equipment, or supplies covered on the job site, off-premises at any temporary storage location, or in transit, and shall include coverage for hoisting and rigging. The Installation Floater shall be maintained until final acceptance of the work by the WRA. If the CONTRACTOR’S Installation Floater covering the equipment and work has any deductible, the CONTRACTOR shall be responsible to pay the cost associated with the deductible.

If the installation of boilers or other pressurized vessels or equipment is required by the contract or by law, the CONTRACTOR shall purchase Boiler and Machinery Insurance, as per Paragraph 2.G. below, unless Boiler and Machinery Insurance coverage is included in the CONTRACTOR’S Installation Floater, in which case, the CONTRACTOR’S Installation Floater may be used to satisfy the Boiler and Machinery Insurance requirement to the extent its coverage specifically covers such objects during installation, testing, and until final acceptance by the WRA. A Waiver of Subrogation in favor of the WRA and the CITY is required as per paragraph 2.K. below.

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G. BOILER AND MACHINERY INSURANCE: When the installation of boilers or other pressurized vessels or equipment is required by the Contract or by law, the CONTRACTOR shall purchase and maintain Boiler and Machinery Insurance during the life of this Contract. The insurance policy shall specifically cover such insured objects during installation, testing, and until final acceptance by the WRA and shall include the interest of the WRA and the CITY, CONTRACTOR, subcontractors, and sub-subcontractors in the work. The WRA, the CITY and CONTRACTOR shall be named insureds. Either a Builders Risk Insurance policy or an Installation Floater, if also required by the contract, may satisfy this requirement if Boiler and Machinery coverage is included in such coverage as per either Paragraph 2.E. or 2. F. above. A Waiver of Subrogation in favor of the WRA and CITY is required as per paragraph 2.K. below.

H. ADDITIONAL INSURED ENDORSEMENT: The General Liability Insurance and Automobile Liability Insurance policies shall include the LIBRARY and CITY as Additional Insureds. The General Liability Insurance policy shall include standard ISO endorsements CG 20 26 07 04 and CG 20 37 07 04 or their ISO/non-ISO equivalents. The CONTRACTOR’S insurance shall be primary to that of the WRA and CITY and noncontributory to any other insurance or similar coverage available to the WRA or CITY whether the other available coverage is primary, contributing or excess.

I. GOVERNMENTAL IMMUNITY ENDORSEMENT: The General Liability Insurance and Automobile Liability Insurance policies shall include the WRA and CITY Governmental Immunities Endorsement language as provided below. Standard ISO or insurance carrier “Waiver of Immunity” endorsements are not acceptable.

DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY GOVERNMENTAL IMMUNITIES ENDORSEMENT

1. Nonwaiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the Des Moines Metropolitan Wastewater Reclamation Authority and the City of Grimes, Iowa as Additional Insureds does not waive any of the defenses of governmental immunity available to the Des Moines Metropolitan Wastewater Reclamation Authority or the City of Grimes, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time.

2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy.

3. Assertion of Government Immunity. The Des Moines Metropolitan Wastewater Reclamation Authority and the City of Grimes, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the Des Moines Metropolitan Reclamation Authority or the City of Grimes, Iowa.

4. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the Des Moines

106 of 110 Metropolitan Wastewater Reclamation Authority or the City of Grimes, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the Des Moines Metropolitan Wastewater Reclamation Authority or the City of Grimes, Iowa.

5. No Other Change in Policy. The insurance carrier, the Des Moines Metropolitan Wastewater Reclamation Authority and the City of Grimes, Iowa agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy.

J. CANCELLATION & NONRENEWAL NOTIFICATION ENDORSEMENT: The Workers Compensation Insurance, General Liability Insurance and Automobile Liability Insurance policies shall include either a policy provision or endorsement providing the WRA and CITY with no less than thirty (30) days Advance Written Notice of Cancellation, forty-five (45) days Advance Written Notification for Nonrenewal and ten (10) days Written Notification of Cancellation due to non- payment of premium. Written notifications shall be sent to: • City of Grimes, Grimes City Clerk, Grimes City Hall, 101 NE Harvey St., Grimes, Iowa 50111. • Des Moines Metropolitan Wastewater Reclamation Authority, Executive Director, 3000 Vandalia Rd, Des Moines, IA 50317

K. WAIVER OF SUBROGATION: To the fullest extent permitted by law, CONTRACTOR hereby releases the WRA and CITY from and against any and all liability or responsibility to the CONTRACTOR or anyone claiming through or under the CONTRACTOR by way of subrogation or otherwise for any loss without regard to the fault of the WRA or CITY or the type of loss involved including loss due to occupational injury. This provision shall be applicable and in full force and effect only with respect to loss or damage occurring during the time of this Contract. The CONTRACTOR’S policies of insurance shall contain either a policy provision or endorsement affirming the above stated release in favor of the WRA and CITY including their respective elected and appointed officials, agents, employees and volunteers, and others working behalf of each.

L. PROOF OF INSURANCE: The CONSULTANT shall provide the following proof of insurance to the CITY: • Certificates of Insurance evidencing all insurance coverage as required in paragraphs A through H above utilizing the latest version of the ACORD form. The Certificate(s) of Insurance shall specify the Title of the Contract under “Description of Operations/Locations/Vehicle/Special Items” and indicate Waiver of Subrogation by marking the corresponding boxes on COI and/or including a statement of compliance under Description of Operations. • A copy of the Cancellation and Nonrenewal Notification Endorsement or its equivalent as required in paragraph 2.J. above. • Copies of Additional Insured Endorsements ISO CG 20 26 07 04 and ISO CG 20 37 07 04 or their equivalents as required in paragraph 2.H. above. Mail Certificates of Insurance to: • City of Grimes, Grimes City Clerk, Grimes City Hall, 101 NE Harvey St., Grimes, Iowa 50111. • Des Moines Metropolitan Wastewater Reclamation Authority, Executive Director, 3000 Vandalia Rd, Des Moines, IA 50317

107 of 110 M. AGENTS AND SUBCONTRACTORS: The CONTRACTOR shall require all its agents and subcontractors who perform work and/or services on behalf of the CONTRACTOR to purchase and maintain the types of insurance customary to the industry or trade related to the services being provided.

3. INDEMNIFICATION REQUIREMENTS

To the fullest extent permitted by law, CONTRACTOR agrees to defend, pay on behalf of, indemnify, and hold harmless the WRA and CITY against any and all claims, demands, suits, damages or losses, together with any and all outlay and expense connected therewith including, but not limited to, attorneys’ fees and court costs that may be asserted or claimed against, recovered from or suffered by the WRA or CITY by reason of any injury or loss including, but not limited to, personal injury, bodily injury including death, property damage including loss of use thereof, and economic damages that arise out of or are in any way connected or associated with CONTRACTOR’S work or services under this Contract, including that of its officers, agents, employees, subcontractors and others under control of CONTRACTOR, except to the extent caused by or resulting from the negligent act or omission of the WRA or CITY or the WRA’S or CITY’S employees, consultants, agents or others for whom the WRA or CITY is responsible.

CONTRACTOR’S obligation to indemnify the WRA and CITY contained in this Contract is not limited by the amount or type of damages, compensation or benefits payable under any workers’ compensation acts, disability benefit acts, or other employee benefits acts.

The WRA and CITY shall not be liable or in any way responsible for any injury, damage, liability, claim, loss or expense incurred by CONTRACTOR arising out of or in any way connected or associated with CONTRACTOR’S work, including that of its officers, agents, employees, subcontractors and others under control of CONTRACTOR, except to the extent caused by or resulting from the negligent act or omission of the WRA or CITY or the WRA’S or CITY’S employees, consultants, agents or others for whom the WRA or CITY is responsible .

CONTRACTOR expressly assumes responsibility for any and all damage caused to WRA property arising out of or in any way connected or associated with CONTRACTOR’S work or services under this Contract, including that of its officers, agents, employees, subcontractors and others under control of CONTRACTOR.

CONTRACTOR shall ensure that its activities on WRA property will be performed and supervised by adequately trained and qualified personnel and CONTRACTOR will observe all applicable safety rules.

108 of 110 WRA Board Resolution No. 20 - ______Agenda Item Number Date: October 20, 2020 ______21______

RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY AND THE CITY OF GRIMES FOR THE FINANCING, DESIGN, AND CONSTRUCTION OF THE GRIMES CONNECTOR SEWER

WHEREAS, the Cities of Altoona, Ankeny, Bondurant, Clive, Cumming, Des Moines, Johnston, Norwalk, Pleasant Hill, Polk City, Waukee and West Des Moines, and Polk County, Warren County, the Urbandale Sanitary Sewer District, the Urbandale-Windsor Heights Sanitary District and the Greenfield Plaza/Hills of Coventry Sanitary District are all participating members of the WRA pursuant to the Second Amended and Restated Agreement for the Des Moines Metropolitan Wastewater Reclamation Authority (“the WRA Agreement”); and

WHEREAS, the WRA Agreement provides in Article VII, Section 4 (e) that if a Participating Community proposes to design or construct any sanitary sewer improvement, extension, pump station, force main, equalization basin, or other similar improvement (collectively "Extension") and proposes that such Extension be included as a part of the WRA System, said Participating Community or Communities must follow the provisions of Article VII, Section 4 (e) of the WRA Agreement; and

WHEREAS, Grimes desires to construct a new interceptor sewer, which shall include a force main, pump station, and gravity sewer, and the Chapter 28E Agreement between the City of Grimes, Iowa and the Des Moines Metropolitan Wastewater Reclamation Authority for the Financing, Design and Construction of the Grimes Connector Sewer (“28E Agreement”) is undertaken for the purpose of setting forth the terms by which the WRA will accept and take ownership of the gravity sewer portion of the interceptor sewer; and

WHEREAS, the 28E Agreement has been drafted in compliance with Article VII, Section 4(e) of the WRA Agreement for the construction of the new sewer by Grimes and setting forth the terms by which the WRA will accept the gravity sewer portion of said project connecting Grimes to the WRA; and

WHEREAS, the WRA Director has advised this Board that the approval and execution of said Chapter 28E Agreement, now on file in the office of the Board Secretary and by this reference made a part hereof, would be in the best interests of the WRA; and

WHEREAS, on October 13, 2020, by Resolution No. 10-1020, the City Council of the City of Grimes approved said 28E agreement.

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF THE DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY:

1. That the 28E Agreement by and between the Des Moines Metropolitan Wastewater Reclamation Authority and the City of Grimes for the Financing, Design, and Construction of the Grimes Connector Sewer, a copy of which is now on file in the office of the Board

109 of 110 WRA Board Resolution No. 20 - ______Agenda Item Number Date: October 20, 2020 ______21______Secretary, is hereby approved subject to approval by the WRA Director and legal counsel as to form.

2. That subject to receipt of the executed 28E Agreement by Grimes, in substantially the form attached, the Board Chair and Secretary are hereby authorized and directed to execute and attest, respectively, said Chapter 28E Agreement for and on behalf of the WRA and cause it to be filed as required by Chapter 28E of the Iowa Code.

Moved by ______to adopt.

YEAS NAYS PASS ABSENT AGENCY ACTION CERTIFICATE Moritz I, Michael McCoy, Secretary of the Board of the Des Willey Moines Metropolitan Wastewater Reclamation Authority (WRA), hereby certify that at a meeting of Perry the WRA Board, held on the above date, among other Peffer proceedings the above was adopted. McCoy IN WITNESS WHEREOF, I have hereunto set my hand the day and year first above written. Goode

Gatto ______, Secretary Cownie Westergaard Selby J. Sanders Schwartz Kurovski Huisman Giovannetti Sassatelli Garvey Moerman Hadden Smith TOTAL MOTION CARRIED APPROVED

Paul Moritz, Chair

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