MEMORANDUM - mwatoday.com · The 2012 Cat D8T landfill dozer is scheduled for rebuild in 2018/2019. Metro Waste Authority has had very good experience and results using Ziegler for

300 E. Locust Street, Suite 100 Des Moines, IA 50309

515-244-0021

MEMORANDUM

DATE: May 13, 2018

TO: MWA Board Members

CC: MWA Staff

FROM: Michael McCoy, Executive Director

RE: Wednesday, May 16, 2018, Board Meeting This month’s board meeting is scheduled for Wednesday, May 16, at 5:45 p.m. in the boardroom at Central Office (300 East Locust Street, Ste. 100, Des Moines, Iowa). If you have questions about any items listed below, please call me at 323-6535 (w) or 707-3869 (c). I look forward to seeing you on Wednesday.

The following numbered items correspond with the number of the item on the agenda:

Regular Agenda Items for Approval

12. Resolution 05-18-07 – Approval of 2012 D8T Dozer Rebuild at Metro Park East – ActionItem

The 2012 Cat D8T landfill dozer is scheduled for rebuild in 2018/2019. Metro WasteAuthority has had very good experience and results using Ziegler for rebuild work. Thedozer rebuild is budgeted in the 2017/2018 ($300,000), and 2018/2019 ($75,000),budgets for a total budget of $375,00. The rebuild total cost is not to exceed $349,487.The proposal is included in the packet. Staff recommends approval.

13. Resolution 05-18-08 – Approval of Contractor for P-54B, Metro Park East Multiple SiteImprovements – Action Item

This project combines multiple site improvements at MPE including lighting and electricalwork, road paving and repair, storm water improvements, employee parking and firevault improvements. Neumann Brothers Inc. (Neumann) provided the lowest mostresponsive bid of $1,473,448 and was under approximately 2% of the budgeted amountof $1,507,000. HDR reviewed the proposals and their findings are included in the packetalong with the full proposal. Funds are available in the Capital and Equipment Fund.Staff recommends approval.

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14. Resolution 05-18-09 – Approval of Contractor for P-56, Metro Central Transfer StationTarping Area Enclosure – Action Item

A total budgeted amount for Metro Central Transfer Station Tarping Area Enclosure is$660,000 ($550,000 for construction and $110,000 for professional engineering services).Septagon Construction (Septagon) provided the lowest most responsive bid of $384,900.Shive-Hattery reviewed the proposals and their findings are included in the packet alongwith the proposal. Construction will include installation of pre-engineered metal buildingincluding addition with equipment platforms and catwalk. This project will coincide with theMCTS floor replacement project to minimize disruption of the operation. Staff recommendsapproval.

15. Resolution 05-18-10 – Approval of New Evaluation and Salary Matrix – Action Item

During the past year, Staff have researched other agency performance evaluation andcompensation processes. Based on this research, we have produced a newperformance evaluation system for Metro Waste administrative employees and intend toimplement for the fiscal year beginning July 1, 2018. The new evaluation will incorporateMWA’s core values into the evaluation process as well as additional soft skills and basicjob competencies. The reviews conducted for fiscal year 2017-2018 will be based on theprevious process and the salary matrix established for that review process. Additionalinformation is included in the packet. Staff recommends approval.

16. Resolution 05-18-11– Approval of 300 E. Locust St. Access Gate – Action ItemMetro Waste Authority needs to address the Central Office building’s parking lot accessoff E. Locust Street per city requirement. The access was put in temporarily duringconstruction of surrounding buildings to allow for parking lot access. Today, the drivewayis blocked by orange cones and a chain—not only unattractive to passersby’s, butproven to be an ineffective way to keep out vehicles. To keep the access point, MWA,along with local artist, Dennis Reynold, is proposing a public art sculpture in the form ofan aesthetically pleasing and functional gate. The sculpture would be made of re-purposed materials in circle patterns that imitate the recycling concept of “closing theloop”. The gate is estimated at $39,270. Funds are available in the capitol budget forCentral Office. Additional funding through art programs and grants is being sought. Staffrecommends approval.

17. Resolution 05-18-12 – Approval of Settlement Agreement and Mutual Releases BetweenFood’s Inc. (DBA Dahl’s) and Metro Waste Authority – Action Item

The proposed settlement agreement and mutual release caps approximately a year and a half worth of work related to the Liquidating Trustee’s adversary proceeding to avoid and recover transfer payments and disallow claims between Dahl’s Foods and Metro Waste Authority. To avoid the costs, expenses, and uncertainty that would accompany litigation associated with this preference claim, Metro Waste Authority proposed a settlement amount of $40,000 to end this dispute. The $40,000 settlement amount was not budgeted. The status of the 2017- 2018 budget allows this payment to be made without impacting the budget targets. Recommend approval.

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18. Resolution 05-18-13 – Approval of Labor Union 5-year Agreement – Action Item

Metro Waste Authority and Labor Union representation successfully negotiateda 5-year agreement. The proposal increases wages 2% the first 3 years and2.5% the last two years. Additional changes made are conducive to a fair andwell-run work environment including an opportunity to gain experience throughtemporary acting positions.

Presentation

19. Project Update: Tire Recycling

20. Plastic Bag Swap Challenge

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Board of Directors 2018 Calendar Year

Dean O’Connor Chair

Mark Holm Vice-Chair

Dean O’Connor Altoona

Mark Holm

Ankeny

Wes Enos Bondurant

John Edwards

Clive

Josh Mandelbaum Des Moines

Kevin Smith

Elkhart

David Gisch Grimes

Matt Brown Johnston

Dean McGee Mitchellville

Ed Kuhl Norwalk

Barb Malone Pleasant Hill

Rob Sarchet

Polk City

Tom Hockensmith Polk County

Runnells

Ron Pogge Urbandale

John Mickelson

West Des Moines

Threase Harms Windsor Heights

Michael McCoy Executive Director

Metro Waste Authority Board Meeting May 16, 2018

MWA Central Office

300 E. Locust Street, Suite 100, Des Moines, IA 50309 5:45 p.m.

Agenda

1. Call to Order, Roll Call 2. Approval of Regular Agenda 3. Public Forum CONSENT AGENDA The following are routine items enacted by one roll call vote without separate discussion unless someone, Board or Public, requests an item be removed for consideration: 4. Approval of Consent Agenda – Items 5 through 11

5. Consideration of Minutes March 21, 2018, Metro Waste Authority Board

Meeting – Action for Approval

6. Resolution 05-18-01 - Consideration of February 2018, Financial Statements – Action to Receive and File

7. Resolution 05-18-02 - Consideration of March 2018, Financial Statements –

Action to Receive and File 8. Resolution 05-18-03 – Consideration of March 2018, Monthly Expenditures –

Action for Approval

9. Resolution 05-18-04 – Consideration of April 2018, Monthly Expenditures – Action for Approval

10. Resolution 04-18-05 - Consideration and Acceptance of Resignation Agreement

– Action for Approval

11. Resolution 05-18-06 – Approval of Extension to Existing Clean Harbors Environmental Services, Inc. Contract - Action for Approval

END CONSENT AGENDA Regular Agenda Items for Approval – Items 12 through 18

12. Resolution 05-18-07 – Approval of 2012 CAT D8T Dozer Rebuild at Metro Park

East – Action Item

13. Resolution 05-18-08 – Approval of Contractor for P-54B, Metro Park East Multiple Site Improvements – Action Item

14. Resolution 05-18-09 – Approval of Contractor for P-56, Metro Central Transfer

Station Tarping Area Enclosure – Action Item

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MWA Board Meeting May 16, 2018

15. Resolution 05-18-10 – Approval of New Evaluation and Salary Matrix– Action

Item

16. Resolution 05-18-11 – Approval of 300 E. Locust St. Access Gate – Action Item

17. Resolution 05-18-12 – Approval of Settlement Agreement and Mutual Releases Between Foods, Inc. (DBA Dahl’s) and Metro Waste Authority – Action Item

18. Resolution 05-18-13 – Approval of Labor Union 5-year Agreement – Action Item

19. Project Update: Tire Recycling – Carline Arkesteyn, Business Marketing

Coordinator

20. Plastic Bag Swap Challenge Presentation - Cassie Riley, Community Relations Coordinator

21. Director’s Report

22. Chair’s Report

23. Attorney’s Report

24. General Board Discussion and Other Business 25. Correspondence

26. Adjournment

June Executive/Finance Meeting: June 6, 2018, MWA Central Office, 300 E. Locust Street, Suite 100, Des Moines, IA 50309, 12:00 p.m. June Board Meeting: June 20, 2018, MWA Central Office, 300 E. Locust Street, Suite 100, Des Moines, IA 50309, 5:45 p.m.

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300 E. Locust Street, Suite 100

Des Moines, IA 50309 515-244-0021

March 21, 2018 Unofficial Metro Waste Authority Board Meeting Minutes

1. Call to Order

The meeting was held at Metro Waste Authority’s Central Office. Dean O’Connor, chair, called the March 21, 2018 Metro Waste Authority board meeting to order at 5:45 p.m. A quorum was present.

Roll Call – MWA Board Representatives/Alternates in Attendance Dean O’Connor, Altoona Mark Holm, Ankeny Wes Enos, Bondurant John Edwards, Clive Josh Mandelbaum, Des Moines David Gisch, Grimes Rhonda Martin, Johnston Jon Woods, Mitchellville Barb Malone, Pleasant Hill Dave McKay, Urbandale Threase Harms, Windsor Heights

2. Approval of Regular Agenda

Moved by Clive, seconded by Mitchellville, to approve the March 21, 2018, board meeting agenda as presented. Motion carried unanimously by voice vote.

3. Public Forum

There were no requests to address the Board. ______________________________________________________________________ CONSENT AGENDA The following are routine items enacted by one roll call vote without separate discussion unless someone, Board or Public, requests that an item be removed for consideration:

4. Approval of Consent Agenda – Items 4 through 9

Moved by Bondurant, seconded by Windsor Heights, to approve the Consent Agenda, items 4 through 9. Motion carried unanimously by voice vote.

5. Consideration of Minutes of February 21, 2018 Metro Waste Authority Board Meeting – Action for Approval

6. Resolution 03-18-01 - Consideration of January 2018, Financial Statement - Action to Receive and File

7. Resolution 03-18-02 - Consideration of February 2018, Monthly Expenditures -

Action for Approval

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8. Resolution 03-18-03 - Approval to update Metro Hazardous Waste Drop-Off Access database to CRM platform - Action for Approval

9. Resolution 03-18-04 – Approve to update switches, routers, and access points at Central Office, Metro Hazardous Waste Drop-Off and Metro Central Transfer Station – Action Item

END CONSENT AGENDA ____________________________________________________________________________ Regular Agenda Items for Approval - Items 10 through 12 10. Resolution 03-18-05 - Approval of contractor for P-53, Metro Central Transfer Station

floor renovation - Action Item Yuta Naganuma, Site Engineer, reported three bids were received for the floor renovation at Metro Central Transfer Station. Minturn, Inc. was 34% under estimated budget and recommended by HDR. Moved by Clive, seconded by Bondurant, to approve Resolution 03-18-05. Motion carried unanimously by voice vote.

11. Resolution 03-18-06- Approval of contractor and supplier for P-55, Metro Park East

Landfill locker room renovation - Action Item

Yuta Naganuma, Site Engineer, stated new lockers vented for air flow were chosen for the locker room renovation. Brothers Construction of Pleasant Hill is the recommended contractor with lockers supplied by OSDI Space Solvers of Des Moines. The project is above budget due to type and number of lockers added for growing staff. Savings from a separate MPE project can be utilized to cover the additional cost. Moved by Clive, seconded by Pleasant Hill, to approve Resolution 03-18-06. Motion carried unanimously by voice vote.

12. Resolution 03-18-07- Approval to extend scope of feasibility study for material processing facility - Action Item Trish Radke, Executive Assistant, requested approval for expanding the current scope of feasibility study for a Metro Waste Authority owned recycling center facility. Staff recommends approval to move forward with additional engineering scope provided by HDR. Moved by Clive, seconded by Mitchellville, to approve Resolution 03-18-07. Motion carried unanimously by voice vote.

13. Director’s Report

Leslie Irlbeck, Public Affairs Manager, reported community spring clean-ups will start in April and go through June. MWA works with both the haulers and communities to make sure collection runs smoothly.

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Michael McCoy, Executive Director, updated on the priority list referring to a Gantt chart. Construction and demolition recycling is set to be up and running by spring 2018. Identifying a processor for tire recycling is another key priority and a team of MWA staff will travel to Kansas to tour a tire recycling facility. Some priorities, such as odor control will be ongoing. McCoy updated mixed paper markets are still problematic and staff continues to find ways to utilize mixed paper so it is not directly landfilled. MWA will be giving member cities 28 yards of Grow Gold Compost at no cost again this year. Before and after pictures are encouraged from the cities. Metro Hazardous Waste Drop-Off is considering growing the battery recycling program by accepting alkaline batteries for a cost of $1.00 per pound for residents that wish to recycle them. McCoy reported MWA staff have been taking calls from several counties outside of our service area regarding industry challenges they are facing. Staff are offering knowledge and helping where they can. The April executive finance meeting will be held on April 4, 2018, at Central Office (300 E. Locust St. Ste. 100, Des Moines, Iowa) at 12:00 p.m.

The April board meeting will be held at Central Office (300 E. Locust Street, Ste. 100, Des Moines, Iowa) on Wednesday, April 18, 22018 at 5:45 p.m.

14. Chair’s Report

Nothing to report. 15. Attorney’s Report

The contract between MWA, LiUNA Local 177, and Union of Operating Engineers Local 234 expires June 30. The public negotiation meeting was held Tuesday, March 20th. A tentative agreement is anticipated to be in place by early April.

16. Adjournment

Moved by Bondurant, seconded by Pleasant Hill, to adjourn the March 21, 2018 board meeting. Motion carried unanimously by voice vote. Meeting adjourned at 6:11 p.m. __________________________________ _____________________________

Michael McCoy, Executive Director Dean O’Connor, Chair

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Metro Waste Authority Board Monthly Board Meeting

May 16, 2018

AGENDA ITEM 10

ITEM: Consideration and Acceptance of Resignation Agreement

SUMMARY: Michael Fairchild, the operations manager of Metro Waste has decided to retire after twenty-three years. He has asked the Board to accept his resignation and execute the attached agreement. Staff has reviewed the agreement and recommends the Board accept his resignation and execute the agreement. If you have any questions or comments about this action item, please feel free to contact Dean O’Connor, Michael McCoy or Matt Brick.

STAFF RECOMMENDATION: Recommend approval.

CONTACT Dean O’Connor 515-559-3891 Matt Brick 515-274-1450 Michael McCoy 515-323-6535

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tel:515-274-1450

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April 18th, 2018 AGENDA ITEM 11

ITEM: Approval of Extension to Existing Clean Harbors Environmental Services SUMMARY: Metro Waste Authority is currently in contract with Clean Harbors Environmental Services, Inc. for the removal and disposal of hazardous waste and management of recyclables. MWA agreed to a one-year extension July 1st of 2017 with no price increases. In negotiating with Clean Harbors, it was determined a price increase of 1.5% would be required for a second one-year extension. DISCUSSION POINTS: MWA has contracted with Clean Harbors for the hazardous waste disposal since 1994. Through numerous RFP processes Clean Harbors has continued to be awarded the contract due to fair pricing and excellent service. MWA has not received a price increase for the hazardous waste disposal for the past four years. After much negotiation, it was determined that a 1.5% increase was required to extend the contract. Based on 2017 statistics the annual increase would be approximately $1650.00. STAFF RECOMMENDATION: Staff recommends board approval for the one-year extension agreement to the 2014 contract for removal of hazardous waste and management of recyclables (with Clean Harbors Environmental Services, Inc.) to include a 1.5% price increase. HISTORY/PROJECT ANALYSIS: See above BUDGET REQUIREMENTS: The 18/19 budget allows for a 6% increase for the removal and disposal of hazardous waste and management of recyclables, therefore the 1.5% increase is under budget. ATTACHMENTS: Attachment A-Proposed one-year extension agreement for the 2014 contract for the removal and disposal of hazardous waste and management of recyclables. CONTACT: Judi Mendenhall Director of Recycling and Diversion 515-333-4430

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EXTENSION AGREEMENT OF 2014 CONTRACT FOR THE

REMOVAL AND DISPOSAL OF HAZARDOUS WASTE AND MANAGEMENT OF RECYCLABLES

(Clean Harbors Environmental Services, Inc.)

METRO WASTE AUTHORITY 300 E. Locust Suite 100 Des Moines, IA 50309

515-244-0021

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THIS EXTENSION AGREEMENT (“Extension Agreement”) is made entered into

on the ___ day of ___________, 2018, by and between Clean Harbors Environmental

Services, Inc. (“CONTRACTOR”), and the Metro Waste Authority (“MWA”), an

Intergovernmental agency formed pursuant to Iowa Code Chapter 28E, with its principle office

at 300 East Locust Street, Suite 100, Des Moines, Iowa 50309.

WHEREAS, the CONTRACTOR and MWA have previously entered into a contract

(“Contract”) regarding the transportation and disposal of Household Hazardous Waste and now

wish to extend that Contract for an additional year subject to the modifications set below.

NOW, THEREFORE, in consideration of these premises, and of their mutual obligations

hereinafter set forth, MWA and the Contractor, intending to be legally bound, covenant and

agree as follows:

ARTICLE I. EXTENSION AGREEMENT

All provisions of the Contract entered into on the 1st day of July, 2014, by and between

CONTRACTOR and MWA wherein CONTRACTOR provides technical assistance,

transportation and disposal of Household Hazardous Waste and waste generated by

Conditionally Small Quantity Generators is hereby extended for one additional year subject to

the following modifications:

1. Exhibit 1 of the Contract shall include Revised Pricing- dated July 1st, 2018

2. Article I of the Contract shall be amended by striking the ending date set out in

paragraph A of the Contract (June 30, 2018) and substituting the new ending date

of June 30, 2019.

All other provisions set out in the Contract shall remain the same.

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IN WITNESS WHEREOF, the parties have executed this Agreement the _____ day

of __________________, 2018.

METRO WASTE AUTHORITY:

By: ___________________________________________ Printed Name: Title: Date:_________________________________________ Attest: By:__________________________________________ Printed Name: Title: Date:_________________________________________ CONTRACTOR: Clean Harbors Environmental Services, Inc. By: __________________________________________ Printed Name: Title: Date: ________________________________________

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April 15, 2018

AGENDA ITEM 12

ITEM 2012 CAT D8T Dozer Rebuild at Metro Park East Landfill.

SUMMARY Unit DOZ 512 is a 2012 Cat D8T landfill Dozer with 11,711 hours and is scheduled for re-build in 2018/2019.

DISCUSSION POINTS Dozers are utilized at the Metro Park East landfill for pushing garbage up the working face to the landfill compactor, for spreading cover material, and for excavating cover soil. MWA currently has a fleet of three Cat D8Ts and one Cat D9R for this purpose. The D8T model has been extremely reliable and a work horse for our operations. We have experienced very good results with the Ziegler machine re-build program. Warranty offered on this rebuild is 10-year 10,000 hour on powertrain, 5 years 3,000 hours on emissions and 1 year unlimited hours on all other repairs.

BUDGET REQUIREMENTS

The dozer re-build is a budgeted item in the 17/18, ($300,000) and 18/19, ($75,000) budgets for a total budget of $375,000.

STAFF RECOMMENDATION Staff recommends that the Board accept the proposal from Ziegler, (Attachment A) for a not to exceed price of $339,487. Staff also requests a contingency amount of $10,000 to replace fire suppression system components that are found non-reusable during the machine rebuild. Total project cost not to exceed $349,487.

ATTACHMENTS Attachment A – Ziegler Proposal

CONTACTS Mike Fairchild Phone: 333.4447

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May 11, 2018 Metro Waste Authority 300 E Locust St. STE 100 Des Moines, IA 50309 RE: Caterpillar D8T Tier 4 Track Type Tractor CPT+ Rebuild Dear Mike Fairchild; Thank you for allowing me to quote the upcoming repairs on your D8T Track Type Tractor (S/N: MLN00413). In consideration of this machine’s current hours (11,437) and repair history, I am proposing a Ziegler Certified Power Train Plus Machine Rebuild. Included in proposed price are the following items: A thorough evaluation of the machine and operational functions The complete scope of work as listed on page two of this proposal The latest critical engineering updates per Caterpillar recommendation 12 months free air time and Vision Link access A 10-year, 10,000 hour extended power train warranty* A 5-year, 3,000 hour extended emission warranty* A 1-year, unlimited hour warranty (All repairs performed by Ziegler at time of rebuild) The cost effective 2nd life that is built into every Cat machine

In addition to the standard Ziegler Guaranteed Certified Power Train Machine Rebuild scope of work, and based upon the Technical Analysis (TA) inspection performed on your machine, we have some additional repairs recommended. Attached Estimate of this letter highlights the additional repairs for your reference. Based upon TA inspection results and at your discretion, these repairs can be included in the Ziegler Guaranteed Certified Power Train Plus Machine Rebuild. It is important to note that warranty compliance requires that you maintain proper maintenance records including performing S.O.S. Services fluid sampling at the appropriate intervals. Engine crankcase and transmission oil must be sampled at 10 hours initially and at applicable intervals thereafter. Other major component compartments must be sampled at 500 operating hours, per Caterpillar’s machine Operation and Maintenance Manual. We take great pride in our work and appreciate this opportunity to serve you and your machine needs. Thank you for your consideration and please contact me with any questions regarding this proposal.

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Standard Scope of Work – Tier 4 Track Type Tractor (included in quoted price)

Clean Machine Complete Replace Radiator Core(s) Recondition Engine Intake Coolers Replace Hardnose Mounting Pins & Bushings Recondition Engine* Replace NRS Cooler with Valve Replace Particulate Filter & Combustion Head Replace Alternator & Starter Recondition Fan Drive Assembly Recondition Fan Pump and Motor* Replace Heater Hoses Recondition Transmission* Replace Transmission Pump* Replace Transmission Oil Cooler Recondition Torque Converter* Recondition Final Drives* Recondition Differential Steer Planetary, Clutches and/or Brakes* Recondition Brake Valve & Steering Valve Recondition Drive Shafts (Includes new U-joints) Recondition Hydraulic Pumps & Motors Replace All Power Train Hoses Recondition Transmission Directional/Steering Control Recondition Governor Control Recondition Hydraulic Operational Control Recondition Main Hydraulic Control Valve Repair A/C System (Replace A/C Compressor, Dryer, A/C Hoses, Recharge A/C system) Replace Engine / Transmission Wire Harness

Does not include Main Cab Wire Harness or Main Machine Harness Install Product Link or Reflash with Latest Software with One Year Air Time Complete Machine Service including all Filters and Fluids Test/Check/Adjust Machine and Components The following price is based on a running core without known major component failures at the time of rebuild.

Ziegler Certified Power Train Plus Rebuild Price.................................................$234,248.00 Note: Components denoted with an “*” are covered by Ziegler’s extended power train warranty. These components are covered for 10-years or 10,000 hours, whichever comes first. All other repairs completed by Ziegler during this rebuild are covered for 1-year unlimited hours. Guaranteed rebuild price must have a running core. Optional Extras – Track Type Tractor The attached additional repairs are recommended as a result of the technical analysis (TA) inspection of your machine. The cost of these repairs will be in addition to the previously mentioned scope of work and Ziegler Certified Power Train Rebuild price. Total additional repairs from the TA inspection $125,239.00 Caterpillar Rebuild Allowance $20,000 Guaranteed Rebuild Cost with all additional repairs $339,487.00

Taxes and fees not included Sincerely, Brant Mischke Customer Support Representative (952-212-7972)

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May 16, 2018

AGENDA ITEM 13

ITEM Approval of Contractor for Project P-54B – Multiple Site Improvement Construction at Metro Park East Landfill.

SUMMARY Construction of site improvements at Metro Park East Landfill. Neumann Brothers Inc. (Neumann) is the recommended contractor with a low bid of $1,473,448.

PREVIOUS BOARD ACTIONS February 2018 – Approved reject of contractor for P54B – Multiple Site Improvements. February 2018 – Approved engineering scope adjustment for cell development, capping, and multiple site improvement design ($10,000). February 2018 – Approved construction quality assurance (CQA) for P54A and P54B ($269,501). January 2018 – Approved contractor for P54A – Cell D North and Stage 1 Closure ($6,795,020). August 2017 – Approved professional engineering services for cell development, capping, and multiple site improvement design ($392,000).

BUDGET REQUIREMENTS The proposal is under budget. The funds for the project are available in the Capital and Equipment Fund. A total budgeted amount for Project P-54B MPE Multiple Site Improvements was $1,507,000.

DISCUSSION POINTS This is a rebid project based on the original proposed received over budget in February 2018. Response was good with three proposals received. Bid prices ranged from $1,279,697 to $1,741,110. There were two alternate bid items in Neumann’s proposal. Alternate 1 was additional perimeter access road paving ($158,791) and alternate 2 was employee parking lot/lighting ($193,751). The Neumann’s total proposed price with the alternate 2 (employee parking lot/lighting) was $1,473,448 (base bid of $1,279,697 plus $193,751), which was under approximately 2% of the budgeted amount of $1,507,000. The proposal from Neumann was approximately 5% over the design engineer’s estimate of $1,400,000. Neumann provided the lowest most responsive bid. HDR reviewed the proposals and their findings are included in Attachment A. The project combined multiple budgeted site improvements. The construction will include:

• Compost pad area lighting and electrical hookups • Perimeter access road paving and storm water improvements • Asphalt pavement repair • Employee parking area and lighting • Non-potable water supply well and piping • Existing fire vault improvements • Relocation of existing water supply well

Figure 1: MPE Multiple Site Improvements

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STAFF RECOMMENDATION Staff recommends that the Board accept the proposal from Neumann for construction of multiple site improvement project (P-54B). Amount of award is $1,473,448.

ATTACHMENTS Attachment A – HDR Bid Review and Evaluation

CONTACTS Yuta Naganuma, Site Engineer Phone: 333-4446

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hdrinc.com

8404 Indian Hills DriveOmaha, NE 68114-4098 (402) 399-1000

May 01, 2018

Mr. Yuta Naganuma, P.E. Site Engineer Metro Waste Authority 300 East Locust Street Des Moines, IA 50309 RE: Bid Review and Evaluation

MWA Project P-54B – Metro Park East Landfill Miscellaneous Site Improvements Project Dear Mr. Naganuma: At Metro Waste Authority’s (MWA’s) request, HDR Engineering, Inc. (HDR) has completed a technical review and evaluation of the Bid Forms and supplemental information for the MWA Project P-54B – Metro Park East Landfill Miscellaneous Site Improvements Rebid Project, which were furnished to HDR on April 27, 2018. There were three bids received, with total bid prices ranging from $1,279,697 to $1,741,110. The engineer’s opinion of probable construction cost (OPCC) was $1,400,000, which is approximately 9.4 percent higher than the low bid. The lowest total bid was submitted by Neumann Brothers Inc. (Neumann). HDR has reviewed the price calculations and summaries on the Bid Forms from all Bidders and found no irregularities or errors. The firms submitting bids included many of the firms who HDR would typically expect to bid on a project consisting of utility improvements and surfacing work as a General Contractor local to the greater Des Moines area. The number of bids received is a good indication of a competitive bidding environment. Each bidder identified the receipt of the three addenda. For the low bidder, HDR also reviewed Section 00 45 10 - Qualifications Statement. During this review, no irregularities regarding the contractor’s qualifications were found. As such, Neumann was deemed responsive in their submittal. Neumann has historically performed work in Des Moines and surrounding areas in Iowa for over a century. In reviewing the in-depth evaluation of reference checks for those projects, HDR has concluded that Neumann is a relatively large local firm which has completed various construction projects of a size and complexity similar to the MWA P54B project in the past five (5) years. All contacted references were positive and confirmed Neumann and Neumann’s proposed project

manager have satisfactorily completed projects of similar size and complexity to MWA’s P54B project, and have had no issues reaching final completion in line with their schedule and budget. From this evaluation and reference check, HDR has concluded that Neumann has the experience and ability to provide the required services (e.g., is a responsible bidder).

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Metro Waste Authority | P54B Miscellaneous Site Improvements Bid Review and Evaluation

2

Based upon the above technical evaluations and the attached Bid Tabulation, HDR has concluded that Neumann is the lowest, responsive, responsible bidder for MWA’s Project P54B – Metro Park East Landfill Miscellaneous Site Improvements Project. Please do not hesitate to contact me at (402) 926-7003 if you require additional clarification or information.

Sincerely, HDR Engineering, Inc. Mike Classen, P.E. Solid Waste Section Manager

Attachments: Bid Tabulation

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Metro Waste Authority P-54B Miscellaneous Site Improvements Rebid ProjectBid Tabulation

Neumann Brothers, Inc. Minturn, Inc. OMG Midwest, Inc. dba Des

Moines Asphalt & Paving

101Mobilization, demobilization, and all work not included in Bid Item Nos. 102 through 110 91,749.00$ 147,000.00$ 225,600.00$

102Compost Program Area Lighting and Electrical Hookups 103,379.00$ 102,000.00$ 103,000.00$

103Perimeter Access Road Paving and Stormwater Improvements (Base Bid) 254,050.00$ 269,000.00$ 387,000.00$

104Additional Perimeter Access Road Paving (Additive Alternate Bid) 158,791.00$ 145,080.00$ 140,400.00$

105 Asphalt Pavement Repair 8,164.00$ 8,400.00$ 11,600.00$

106Employee Parking Lot and Lighting (Additive Alternate Bid) 193,751.00$ 114,000.00$ 131,000.00$

107 Non-Potable Water Supply Well and Piping 147,780.00$ 136,000.00$ 139,000.00$ 108 Existing Fire Vault Improvements 521,155.00$ 619,000.00$ 710,000.00$ 109 Relocation of Existing Water Supply Well 72,344.00$ 67,000.00$ 70,000.00$ 110 Relocation of Existing Wash-Down Pump 44,851.00$ 50,000.00$ 61,110.00$ 111 Perimeter Access Road Fine Grading Aggregate 36,225.00$ 18,200.00$ 33,800.00$

1,279,697.00$ 1,416,600.00$ 1,741,110.00$

1,632,239.00$ 1,675,680.00$ 2,012,510.00$

*Note: Bid Prices shown reflect the Total Bid Price, for Bid Unit Prices refer to each Contractor's Bid Submittal

Bid Price*

Total Base Bid

Total Alternate Bid

Item No. Bid Items

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May 16, 2018

AGENDA ITEM 14

ITEM Approve Contractor for Tarping Area Enclosure Building Addition Project at Metro Central Transfer Station (MCTS).

SUMMARY Construction of tarping area enclosure building addition project at MCTS. Septagon Construction (Septagon) is the recommended contractor with a low bid of $384,900.

PREVIOUS BOARD ACTIONS February 2018 – Approved professional services for Engineering of Bid Documents and Construction Quality Assurance (CQA) for tarping area enclosure project at MCTS ($86,300).

BUDGET REQUIREMENTS The proposal is under budget. The funding is available in the Capital and Equipment Fund. Budgeted amount is $660,000 ($550,000 for construction and $110,000 for professional engineering services).

DISCUSSION POINTS, Two bids were received. Bids ranged from $384,900 to $516,000. The proposal is approximately 4% ($15,100) under the design engineer’s estimate of $400,000. Septagon provided the lowest most responsive bid. Shive-Hattery reviewed the proposals and their findings are included in Attachment A. The construction will include installation of pre-engineered metal building including addition with equipment platforms and catwalk. This project will coincide with the P53 MCTS floor replacement project to minimize disruption of the operation. Project is scheduled to commence in August 2018 and completed by November 2018.

STAFF RECOMMENDATION Staff recommends that the Board accept the proposal from Septagon for construction of tarping area enclosure building addition project at MCTS (P-56). Amount of award is $384,900.

ATTACHMENTS Attachment A – Shive-Hattery Bid Review and Evaluation

CONTACTS Yuta Naganuma, Site Engineer Phone: 333-4446

Figure 1 MCTS Tarping Area Enclosure

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WCDEGRO

Text Box

5669


May 15, 2018 AGENDA ITEM 15

ITEM: Implementation of new performance evaluation system and salary matrix July 1, 2018. Use of transition salary matrix used for 17-18 fiscal year reviews. SUMMARY: During the past year, Staff have researched other agency performance evaluation and compensation processes. Based on this research, we have produced a new performance evaluation system for Metro Waste administrative employees and intend to implement for the fiscal year beginning July 1, 2018. The reviews conducted for fiscal year 2017-2018 will be based on the previous process and the salary matrix established for that review process.

DISCUSSION POINTS: Staff researched the performance evaluation processes at several different organizations including the City of Johnston, the City of Clive, and the Des Moines Area Regional Transit Authority (DART). Based on numerous discussions and research of activities in these entities as well as those currently used in the private sector, a new system was developed that focused on incorporating MWA’s core values into the evaluation process as well as additional soft skills along with basic job competencies. The new process will implement quarterly reviews with documentation and tracking of all four quarters used in the allocation of compensation changes for the following fiscal year. The premise behind the new system is that it is much more immediate and impactful in the coaching and feedback process than an annual review conducted every 12 months, and it focuses on skills desired by MWA in its employees beyond basic job functions. The nine different categories focus exclusively on actions aligning with the core values and the soft skills necessary to efficiently and effectively perform the job functions for each of our administrative staff positions. In addition, a new salary matrix was created to align with the new process and account for the four performance evaluations conducted during the year. This new matrix will assist managers in allocating the compensation changes for the following fiscal year and considers the inflation rate for the previous 12 months and any merit increase based on performance score and position within the current salary range. In order to transition into the new process, staff will be evaluated for the 2017-2018 fiscal year based on the existing performance evaluation system. The allocation of compensation changes for the 2018-2019 fiscal year will be based on a modified salary matrix that will assist managers in allocation these compensation changes based on the inflation rate for the previous 12 months and any merit increase based on performance and position within the current salary range.

STAFF RECOMMENDATION: Recommend approval of the new performance evaluation process and the use by management of the salary matrix to allocate compensation changes that will go into effect on July 1, 2018.

BUDGET REQUIREMENTS: The 2018-2019 MWA budget anticipated an overall 3% increase in salaries and was approved by the Board at their November 2017 Board meeting. CONTACT: Kent Farver, Director of Finance, 515-323-6506

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Draft MWA Evaluation Form"People Analyzer"

MWA Goal:"Well Trained, Efficiently Operating Team"

Date:

Employee Name:Employee Position:

Manager:

"+" "+, -" "-"IntegrityTeamworkPositivityInnovationLeadershipTechnical Work SkillsQuality of WorkInterpersonal SkillsCommunication Skills

Rating"+" Most of the Time

"+, -" Sometimes"-" Most of the Time Not

Comments/ Details on "+,-" or "-" Scores:

Training Needs:

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Salary Matrix Draft CPI-U Factor April - March 2.4MWA2017-2018

Current Wage as % of Upper Level of Range< 70% 71% - 75% 76% - 80% 81% - 85% 86% - 90% 91 -95% > 96% Plus COLA

< = 50% + 0 0 0 0 0 0 0 0> = 60% + 1.25 1 0.75 0.5 0.25 0 0 0% 0> = 70% + 1.5 1.25 1 0.75 0.5 0.5 0.25 20% 0.48> = 80% + 1.75 1.5 1.25 1 0.75 0.75 0.5 40% 0.96> = 90% + 2.25 2 1.75 1.5 1.25 1 0.75 70% 1.68> = 100% + 2.5 2.25 2 1.75 1.5 1.25 1 90% 2.16

Current Wage as % of Upper Level of Range< 70% 71% - 75% 76% - 80% 81% - 85% 86% - 90% 91 -95% > 96%

< = 50% + 0 0 0 0 0 0 0> = 60% + 1.25 1 0.75 0.5 0.25 0 0> = 70% + 1.98 1.73 1.48 1.23 0.98 0.98 0.73> = 80% + 2.71 2.46 2.21 1.96 1.71 1.71 1.46> = 90% + 3.93 3.68 3.43 3.18 2.93 2.68 2.43> = 100% + 4.66 4.41 4.16 3.91 3.66 3.41 3.16

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May 16, 2018

AGENDA ITEM 16

ITEM: Approval of Public Art Sculpture Gate at 300 E. Locust Facility

SUMMARY:

Metro Waste Authority needs to address the Central Office building’s east parking lot access off E. Locust Street. The access was put in temporarily during construction of surrounding buildings to allow for parking lot access. Today, the driveway is blocked by orange cones and a chain—not only unattractive to passersby’s, but proven to be an ineffective way to keep out vehicles.

To keep the access point, MWA, along with local artist, Dennis Reynold, is proposing a public art sculpture in the form of an aesthetically pleasing gate. The gate would be functional if needed, but serve as a public art piece complimenting MWA’s mural, “No Action Too Small”. The sculpture would be made of re-purposed materials in circle patterns that imitate the recycling concept of “closing the loop”.

DISCUSSION POINTS:

During the height of construction that surrounded MWA’s Central Office at 300 E. Locust for the past two years, the east parking lot was at risk to be cut off due to street closures. To keep access to the east lot, the City of Des Moines approved MWA to build a driveway cut off of Locust Street. The access was only to be used during the closure of East 2nd Street, along with the alley. Now that construction is complete, the entrance must be permanently closed per the City.

Keeping a second access to the east lot off Locust Street for use on an emergency basis is beneficial to MWA, as well as properties that utilize the alley as an entrance to parking for their tenants. It also adds a visually appealing element that compliments the surroundings in East Village.

BUDGET REQUIREMENTS:

The gate is estimated at $39,270. Funds are available in the capitol budget for Central Office. Additional funding through art programs and grants is being sought.


CONTACT Trish Radke 515-323-6519

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May 15, 2018 AGENDA ITEM 17

ITEM: Settlement agreement & mutual release between Foods, Inc. d/b/a Dahl’s Foods and Metro Waste Authority. SUMMARY: The proposed settlement agreement and mutual release caps approximately a year and a half worth of work related to the Liquidating Trustee’s adversary proceeding to avoid and recover transfer payments and disallow claims between Dahl’s Foods and Metro Waste Authority.

DISCUSSION POINTS: The original adversary proceeding dated November 2, 2016 alleged preferential transfers between Dahl’s Foods and Metro Waste Authority in the amount of $189,164.50. This amount was calculating using payments made by Dahl’s Foods to Metro Waste Authority within 90 days of Dahl’s Foods voluntary bankruptcy petition date. Metro Waste Authority denied liability for the preference claim and both sides have been working though this process for the last seventeen months. In order to avoid the costs, expenses, and uncertainty that would accompany litigation associated with this preference claim, Metro Waste Authority proposed a settlement amount of $40,000 to end this dispute.

STAFF RECOMMENDATION: Recommend approval of this settlement agreement and mutual release.

BUDGET REQUIREMENTS: The $40,000 settlement amount was not budgeted. The status of the 2017- 2018 budget allows this payment to be made without impacting the budget targets. CONTACT: Kent Farver, Director of Finance, 515-323-6506

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SETTLEMENT AGREEMENT AND MUTUAL RELEASE

This Settlement Agreement and Mutual Release (the “Agreement”) is entered into, by and between BARRY A. CHATZ, solely in his capacity as the Liquidating Trustee of the Foods, Inc. Liquidating Trust (the “Liquidating Trustee”) and METRO WASTE AUTHORITY, together with its predecessors (collectively, “Metro”), and is Effective as of the date of the latter of the Parties’ signatures below (the “Effective Date”).

WHEREAS, on November 9, 2014, Foods, Inc. d/b/a Dahl’s Foods (the “Debtor”),1 filed a voluntary petition for relief under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) with the United States Bankruptcy Court for the Southern District of Iowa (the “Bankruptcy Court”);

WHEREAS, the Debtor Foods, Inc. Second Amended Combined Plan of Reorganization and Disclosure Statement Dated August 17, 2015 (with all the supplements and exhibits thereto, the “Plan”) was confirmed by an order of the Bankruptcy Court entered on October 9, 2015 (the “Confirmation Order”);

WHEREAS, pursuant to the Plan, the Liquidating Trustee is authorized to pursue avoidance actions against the Debtor’s creditors;

WHEREAS, on November 2, 2016, the Liquidating Trustee initiated that certain adversary proceeding assigned the case number 16-30060 (the “Adversary Proceeding”) in the Bankruptcy Court by filing the Complaint to Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 547 and 550 and to Disallow Claims Pursuant to 11 U.S.C. § 502 against Metro seeking to avoid and recover alleged preferential transfers in the amount of $189,164.50 (the “Preference Claim”);

WHEREAS, Metro has denied liability for the Preference Claim;

WHEREAS, this Agreement resolves all mutual claims each party may have against the

other;

WHEREAS, the Liquidating Trustee has the authority to settle or compromise disputed claims, causes of action and controversies on behalf of the estate of the Debtor pursuant to Article IV, Subsection B of the Plan and §§ 3.2 and 3.4(c) & (e) of the Foods, Inc. Liquidating Trust Agreement (the “Liquidating Trust Agreement”) attached to the Plan as Exhibit C and approved by the Confirmation Order;

WHEREAS, the parties desire to enter into this Agreement in order, among other things, to avoid the costs, expenses and uncertainty that would accompany any litigation associated with the Preference Claim.

NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:

1 Terms used but not otherwise defined herein shall have the meanings given to them in the Plan.

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1. Within five (5) business days of the Effective Date, Metro shall pay to the Liquidating Trustee $40,000.00 (the “Settlement Amount”) in “Collected Funds” to Day Rettig Martin, P.C., 150 First Avenue N.E., Suite 415, P.O. Box 2877, Cedar Rapids, IA 52406-2877. “Collected Funds” includes cashier’s check, money order, certified check, or a check drawn on counsel for Metro’s Law Firm Trust Account made payable to the Day Rettig Martin, P.C., Trust Account. If Metro chooses, it can send the Settlement Amount along with a transfer fee of $16.05, by wire transfer. Day Rettig Martin, P.C., will provide wire transfer instructions.

2. Within five (5) business days of the receipt of the Settlement Amount the Liquidating

Trustee shall cause a Motion to Compromise to be filed with the United States Bankruptcy Court for the Southern District of Iowa.

3. Day Rettig Martin, P.C. shall hold the Settlement Amount in its Trust Account

pending resolution of the Motion to Compromise. 4. Counsel for the Liquidating Trustee and Counsel for Metro shall execute a Stipulated

Dismissal with Prejudice. 5. Within ten (10) business days after an Order Approving the Motion to Compromise

becomes final and non-appealable, the Liquidating Trustee shall cause a Stipulated Dismissal with Prejudice dismissing the Adversary Proceeding to be filed. Within seven (7) business days after the Order becomes final and unappealable, Metro shall withdraw its Proof of Claim 183. Once the Stipulated Dismissal with Prejudice has been filed, the Settlement Amount shall be deemed property of the liquidating Trustee. IN THE EVENT THAT THE MOTION TO COMPROMISE IS DENIED, DAY RETTIG MARTIN, P.C. WILL RETURN THE SETTLEMENT AMOUNT TO METRO’S COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF THE ENTRY OF THE ORDER DENYING THE MOTION TO COMPROMISE.

6. Subject to the Liquidating Trustee’s obligations under this Agreement and subject to

the last sentence of this paragraph, Metro hereby waives, releases and discharges the Debtor, the Liquidating Trust, the Liquidating Trustee, their respective employees, officers, directors, professionals, attorneys, members, agents, representatives, successors, and assigns (collectively, the “Released Parties”), from all claims and causes of action, whether known or unknown, that Metro may have against the Released Parties including any claim for the Settlement Amount, any further distribution for its pre-petition claim, and any post-petition claim. To the extent that Metro has already received a distribution on account of any pre-petition Claim prior to the date of this Agreement, Metro will retain such amount already distributed.

7. Subject to Metro’s obligations under this Agreement, the Liquidating Trustee hereby

waives, releases and discharges Metro, its employees, officers, directors, professionals, attorneys, members, agents, representatives, successors, and assigns from all demand, claims and causes of action, whether presently existing, known or unknown, against Metro that were or could have been raised in the Adversary Proceeding.

8. Upon written notice by the Liquidating Trustee as provided herein that Metro has

failed to make the payment required under Paragraph 1 of this Agreement, such failure shall

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constitute a material default. Upon the failure of Metro to cure any such default within fifteen (15) days after notice of default has been given, the Liquidating Trustee’s duties under this agreement shall be tolled. Upon cure of the default, the Liquidating Trustee shall have an addition five (5) business days to perform his duties under this agreement. If the default is not cured, the Liquidating Trustee may proceed against Metro for the full amount of the Liquidating Trust/Bankruptcy Estate’s claim, and is not limited to the Settlement Amount.

9. Any notice or other communication required, permitted or desirable hereunder, shall be in writing, and shall be deemed sufficiently given if personally delivered, or if sent by facsimile transmission or by certified or registered mail, postage prepaid, return receipt requested, addressed as follows:

TO THE ESTATE: Barry A. Chatz, Liquidating Trustee of the Foods, Inc. Liquidating Trust

c/o Ronald Martin, Esq. Day Retting Martin, P.C. 150 First Ave. N.E., Suite 415 Cedar Rapids, IA 52406

METRO WASTE AUTHORITY: Erin M. Clanton, Esq.

BRICK GENTRY P.C. 6701 Westown Parkway, Suite 100 West Des Moines, IA 50266

Any party may change its address for purposes of this paragraph by giving the other party written notice of the new address in the manner set forth above. Any notice given in accordance with the above shall be deemed to have been given upon personal delivery if so delivered, upon receipt of confirmation if sent via facsimile transmission, or on the third (3rd) day after mailing if mailed.

10. This Agreement represents the entire understanding of the parties hereto and

supersedes any other agreement. This Agreement cannot be modified, amended or altered except by a written instrument signed by all parties.

11. The individuals signing this Agreement hereby represent and warrant that they are authorized to sign this Agreement on behalf of the entity for which they have so signed and that all necessary corporate approvals have been obtained.

12. This Agreement shall be binding upon and inure to the benefit of the Liquidating

Trustee, Metro and their respective successors and assigns. 13. This Agreement shall be governed by the laws of the State of Iowa, and shall be

construed and interpreted in accordance with its laws, notwithstanding its conflict of law principles or any other rule, regulation or principle that would result in the application of any other state’s law.

14. In the event that legal action is instituted between the parties to enforce this

Agreement, the prevailing party shall be entitled to recover from the losing party all costs and

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expenses of litigation, including, without limitation, court costs and reasonable attorneys’ fees. 15. The Bankruptcy Court shall retain jurisdiction to resolve any disputes or

controversies arising from or related to this Agreement. Metro consents to the jurisdiction of the Bankruptcy Court to resolve any disputes or controversies between the parties hereto arising from or related to this Agreement. In the event the Bankruptcy Court is deemed to lack jurisdiction over this matter, jurisdiction shall rest in the United States District Court for the Southern District of Iowa.

16. This Agreement may be executed in counterparts, each of which shall be deemed an

original, but both of which together constitute one and the same Agreement. Facsimile signatures or signatures reproducing in a portable document file transmitted electronically shall be deemed original, valid and binding signatures to this Agreement.

17. The parties agree that the Settlement Amount and/or terms set forth in this Agreement

shall not be construed or interpreted as an admission or acknowledgment by the Estate, Metro or by anyone acting on their behalf, of any liability whatsoever to any party.

BARRY a. CHATZ, not individually but solely as the Liquidating Trustee of the Foods, Inc. Liquidating Trust

_____________________________

Dated: _________________________ METRO WASTE AUTHORITY, on its

behalf and on behalf of its predecessors, subsidiaries and successors Dated: ________________________

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May 16, 2018

AGENDA ITEM 18

ITEM: Approval of Labor Union 5-Year Agreement

SUMMARY: MWA and union representation successfully negotiated a 5-year agreement. The proposal increases wages 2% the first 3 years and 2.5% the last two years. Additional changes made are conducive to a fair and well-run work environment including an opportunity to gain experience through temporary acting positions.

DISCUSSION POINTS:

Highlights of changes in the 2018-2022 include:

• A normal work week shall consist of five (5) work days. An employee shall receive overtime for all work performed in excess of forty (40) hours in the work week; however, sick leave does not count as work performed.

• Ten consecutive hours within 24 hours shall constitute the regular work day. Ten consecutive hours shall constitute a work shift.

• Overtime Rates - If an employee works on a day designated as a holiday, he/she shall be paid, in addition to the holiday pay, at overtime rates for: A. A minimum of four (4) hours for working zero (0) to four (4) hours; B. A minimum of six (6) hours for working four (4) to six (6) hours; C. A minimum of eight (8) hours for working six (6) to eight (8) hours; or D. For all hours worked if more than eight (8) hours.

• Vacation Accrual Schedule - Each full-time permanent employee shall be granted vacation leave

in accordance with the following accrual schedule: A. Less than five (5) years of service = ten (10) working days / eighty (80) hours per year. B. Five (5) years, but less than ten (10) years of service = fifteen (15) working days / one

hundred twenty (120) hours per year. C. More than ten (10) years of service = twenty (20) working days / one hundred sixty (160)

hours per year. Any employees currently receiving twenty-five (25) working days / two hundred (200) hours per year of accrued vacation leave shall continue to receive this amount.

• Promotions - When new jobs are created or vacancies are to be filled, preference may be given to seniority and qualifications. The Executive Director shall determine the most qualified. When the Executive Director believes the qualifications are equal between two or more employees, the employee with the most seniority shall prevail. In the event an employee acquires the job he/she shall be given a trial period generally not to exceed thirty (30) days in said position. The Executive Director may extend the trial period for up to sixty (60) calendar days, however, the employee shall return to their original position unless the Executive Director confirms the

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permanent promotion via written notice. Employees promoted to a new position on a different salary range will be moved to the step closest to their existing wage without a loss in pay.

• Temporary Acting Positions - When the Executive Director decides there is a need to fill a temporary position for more than one week the Employer shall post for interested employees for such temporary position. The most senior interested employee shall strongly be considered first. The temporary acting position is not to exceed six (6) months without Executive Director’s approval. If the Employer determines at any time up to two hundred forty (240) hours performing the temporary acting position that the employee is having difficulty performing the work, then the Employer may consider the next qualified interested employee with consideration given to seniority. The Employer shall meet with the Union Steward and the employee to be replaced. An employee removed from a position shall not be eligible for future postings for at least twelve (12) months. For all positions other than Mechanic, after completing three hundred sixty (360) hours performing the temporary acting position the employee shall be paid the higher classification pay per contract and will be considered qualified for the position. For the Mechanic positions, after completing eight hundred (800) hours performing the temporary acting position the employee shall be paid the higher classification per contract and will be considered qualified in position. Employees will be evaluated as work can be completed. The Executive Director shall have final decision if employees are qualified for promotion as opening occurs.

• Removal of Discipline and Discharge: Elimination of the entire Article resulting in grievance procedure cannot be used for disputes regarding discipline and/or discharge.

• Wages: Two percent (2.0%) across the board wage increase for year one of the contract; a two percent (2.0%) across the board wage increase for year two of the contract; a two percent (2.0%) across the board wage increase for year three of the contract; a two and half percent (2.5%) across the board wage increase for year four of the contract; and a two and half percent (2.5%) across the board wage increase for year five of the contract. For Drivers that were driving for the Employer prior to July 1, 2013, and are still driving for the Employer as of July 1, 2018, a one-time bonus payment of nine hundred dollars ($900) shall be paid on July 1, 2018. A Driver bonus payment of five hundred twenty dollars ($520) shall be paid on December 1st each year of the contract and a second Driver bonus payment of five hundred twenty dollars ($520) shall be paid June 1st each year of the contract.

Please see contract attached.


CONTACT Michael McCoy 515-323-6535

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LABOR AGREEMENT

BETWEEN

METRO WASTE AUTHORITY

AND

CENTRAL IOWA EMPLOYEES LANDFILL COUNCIL

FOR THE PERIOD

JULY 1, 2018, THROUGH JUNE 30, 2023

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TABLE OF CONTENTS

Page Agreement 3 Article 1 RECOGNITION 3 Article 2 DEDUCTIONS 3 Article 3 HOURS OF WORK 3 Article 4 HOLIDAYS 4 Article 5 VACATION 5 Article 6 SICK LEAVE 6 Article 7 LEAVE OF ABSENCE 6 Article 8 WAGES 8 Article 9 OTHER BENEFITS 10 Article 10 MINIMUM TIME PAY ALLOWANCES 11 Article 11 OVERTIME 11 Article 12 SENIORITY 12 Article 13 WORK FORCE 13 Article 14 SETTLEMENT OF DISPUTES 14 Article 15 DEFERRED COMPENSATION 15 Article 16 GENERAL PROVISIONS 15 Article 17 SAVINGS CLAUSE 16 Article 18 DURATION OF AGREEMENT 17 Appendix A WAGE PLAN 18

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Agreement THIS AGREEMENT is between the Metro Waste Authority and the Central Iowa Employees

Landfill Council.

Article 1 - Recognition The Employer recognizes the Union as the sole and exclusive bargaining agent for the

purpose of negotiating salaries, wages, hours and other conditions of employment in accordance with the provisions of the Iowa Public Employees Relations Act for the following classifications of employees:

Heavy Equipment Operator Medium Equipment Operator Light Equipment / Utility Worker Equipment Mechanic Equipment Lubricator Heavy Equipment Operator / Mechanic Metro Transfer Station Operator Metro Transfer Station Driver Working Foreman

Article 2 – Deductions

The Employer agrees to make deductions, as required by law, from employees’ wages which include, but are not limited to, income tax, social security, and IPERS. The Employer will also make regular deductions for other items, as mutually agreed upon, with written authorization from the employee.

Article 3 – Hours of Work

Section 1. Regular Hours - The regular work hours of each day shall be consecutive, except that they may be interrupted by a lunch period that shall not be considered a part of the regular working hours.

Section 2. Work Week - A normal work week shall consist of five (5) work days. An employee shall receive overtime for all work performed in excess of forty (40) hours in the work week; however, sick leave does not count as work performed. Exceptions to the normal work week may occur in cases of inclement weather or as provided in other sections of this Agreement.

Section 3. Work Day - Ten (10) consecutive hours of work within the twenty-four (24) hour period beginning at midnight shall constitute the regular work day, exclusive of the lunch period.

Section 4. Work Shift – Ten (10) consecutive hours of work (excluding lunch periods) shall constitute a work shift. All employees shall be scheduled to work on a regular work shift and each work shift shall have a regular starting and quitting time. However, such work shifts may vary from individual to individual.

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Section 5. Work Schedule - Work schedules showing the employees’ shifts, work days and hours, shall be posted on all department bulletin boards. Whenever possible, changes in the work schedule shall be posted at least five (5) working days in advance of such change. Examples of work schedule changes not requiring five (5) day advance notice are temporary schedule changes resulting from M.T.S. employees taking leave, or schedule changes in heavy equipment or mechanic work schedules resulting from inclement weather. Variations in work schedules as agreed to between union and employer for specific job categories may also be instituted.

Section 6. Hours of Work - The hours of work in a week for permanent, full-time employees will be forty (40) hours. The hours of work in a year for permanent, full-time employees shall be two thousand eighty (2,080) hours. These hours are minimum hours. In order to be eligible for the minimum number of hours, the employees must be available for work. All overtime hours in excess of eight (8) hours per day, as well as all authorized paid leave, shall be counted in determining whether an employee has worked the minimum forty (40) hour work week or two thousand eighty (2,080) hour work year.

Part-time employees work less than forty (40) hours in a week and less than two thousand eighty (2,080) hours in a work year. Temporary employees may work forty (40) hours or more in a week but work less than eight hundred (800) hours in a work year.

Section 7. Rest Periods - All employees’ work schedules shall provide for a fifteen (15) minute rest period prior to the lunch period and a fifteen (15) minute rest period following the lunch period. The rest period shall be scheduled at the middle of each one-half (1/2) shift whenever this is feasible.

Section 8. Meal Periods - All employees may be granted a lunch period during each work shift. Whenever possible the lunch periods shall be scheduled at the middle of the shifts.

Section 9. Dismissal from Work - The Employer may, at its discretion, dismiss employees from work provided such employees shall be compensated for said dismissal in accordance with the Article 8, Section 1 Wage Schedule.

Article 4 - Holidays Section 1. Holidays Recognized and Observed - The following days shall be recognized and

observed as paid holidays: New Year’s Day Memorial Day Fourth of July Labor Day Veteran’s Day Thanksgiving Day Christmas Additional Christmas day Four (4) floating holidays which shall be taken at the mutual consent of the Employer and the employee.

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Permanent employees shall be paid for eight (8) hours straight time for each of the above

holidays. If a holiday falls on a Sunday, it shall be observed the following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. When Christmas falls on Tuesday, Wednesday, Friday or Saturday, in addition to the legal holiday observance, the preceding workday shall be observed as the additional Christmas day holiday. When Christmas falls on a Monday or Thursday, the additional Christmas day holiday will be observed the following work-day.

Section 2. Overtime Rates - If an employee works on a day designated as a holiday, he/she shall be paid, in addition to the holiday pay, at overtime rates for:

A. A minimum of four (4) hours for working zero (0) to four (4) hours; B. A minimum of six (6) hours for working four (4) to six (6) hours; C. A minimum of eight (8) hours for working six (6) to eight (8) hours; or D. For all hours worked if more than eight (8) hours.

Section 3. Eligibility Requirements - Employees shall be eligible for pay for any holiday

falling within a period for which they receive compensation provided the employee is present for work on the day preceding and the work day following the holiday unless on authorized paid leave.

Article 5 - Vacation Section 1. Eligibility - All permanent full-time and part-time employees who have

completed six (6) months of continuous service and have successfully completed the probationary period shall be eligible for vacation leave upon accrual.

Section 2. Vacation Accrual Schedule - Each full-time permanent employee shall be granted vacation leave in accordance with the following accrual schedule:

A. Less than five (5) years of service = ten (10) working days / eighty (80) hours per year. B. Five (5) years, but less than ten (10) years of service = fifteen (15) working days / one

hundred twenty (120) hours per year. C. More than ten (10) years of service = twenty (20) working days / one hundred sixty

(160) hours per year.

Any employees currently receiving twenty-five (25) working days / two hundred (200) hours per year of accrued vacation leave shall continue to receive this amount.

Section 3. Vacation Sign-up and Choice of Vacation Period - Vacations shall be granted at the time requested by the employee. However, if the nature of the work makes it necessary to limit the number of employees on vacation at the same time, the employee with the greatest seniority shall be given his/her choice of vacation period by seniority, for a maximum of two (2) week increments. Following the initial selection by all employees, those employees having remaining vacation time shall have the opportunity to select his/her remaining vacation time on a seniority basis.

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Section 4. Holiday During Vacation Period - If a holiday occurs during the calendar week

in which a vacation is taken by an employee, such holiday shall be paid as holiday pay and shall not be charged against the employee’s accrued vacation.

Section 5. Accumulation - Vacations must be taken within a twelve (12) month period after the completion of the year in which it is earned unless written authorization extending this period is obtained from the Executive Director. Accrued, but unused, vacation will be paid at an employee’s current rate of pay upon voluntary termination of employment or retirement as long as the employee provides at least thirty (30) days’ notice or with the approval of the Executive Director. In the event of employee’s separation prior to completion of six (6) months service, employee shall be ineligible for vacation payment upon termination.

Article 6 - Sick Leave Section 1. Allowance - Any employee contracting or incurring any non-service connected

sickness or disability which renders such employee unable to perform the duties of his/her employment shall receive accumulated sick leave with pay, including emergency doctor and dental appointments. Employees shall also be allowed to take accumulated sick leave for serious illnesses of an emergency nature for members of the employee’s immediate family which would require the employee’s presence at home. Request for sick leave shall be made at least fifteen (15) minutes prior to the work shift.

Section 2. Accumulation - Employees shall start to earn sick leave from their date of

permanent employment and shall accumulate sick leave at the rate of one (1) working day per month as long as they are in the service of the Employer.

Section 3. Unused - Accrued, but unused, sick leave will be paid at an employee’s current rate of pay upon retirement or death as long as the employee provides at least thirty (30) days’ notice of retirement or with approval of the Executive Director. These benefits shall be paid to the employee in the event of the employee’s retirement in accordance with the appropriate state statutes or to his beneficiary in the event of the employee’s death. The amount of payment for unused sick leave shall be at the employee’s then current rate of pay. Unused sick leave paid on dissolvement of Agency (in which no transfer of benefits available through other city employment) added to present sick leave benefits.

Section 4. Verification - The Employer may require a doctor’s certificate upon an employee’s return to work from an illness of three (3) consecutive full days or more. In cases where the employee’s sick leave record indicates abuse, the Executive Director may authorize appropriate action to verify the reported illness. Sick leave shall be chargeable only when used on regularly scheduled work days or work periods.

Article 7 - Leaves of Absence Section 1. Eligibility Requirements - Employees shall be eligible for leaves of absence after

thirty (30) days of service with the Employer.

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Section 2. Application for Leave - Any request for a leave of absence shall be submitted in

writing by the employee to his/her immediate supervisor. The request shall state the reason for leave of absence being requested and approximate length of time the employee desires. Authorization for a leave of absence when granted shall be furnished to the employee by his/her immediate supervisor and shall be in writing. Any request for a short leave of absence, a leave not exceeding one (1) month, shall be answered within five (5) days. A request for leave of absence exceeding one (1) month shall be answered within ten (10) days. In addition to accruing seniority while on leave of absence or FMLA Leave granted under the provisions of this Agreement, if possible, employees who return shall be returned to the position held at the time the leave of absence or FMLA Leave was requested.

Section 3. Paid Leaves (a) Family Leave - In case of death in the immediate family, a permanent employee shall

be granted a leave of absence with pay up to seven (7) calendar days by the Executive Director. “Immediate” family is defined as “wife, husband, child or parent.” In case of death in the family, a permanent employee, upon prior request, shall be granted a leave of absence with pay up to four (4) calendar days by the Executive Director. “Family” is defined as “mother-in-law, father-in-law, sister, sister-in-law, brother, brother-in-law, son-in-law, daughter-in-law, grandparents, grandparents-in-law and any other relative living in the same household as the employee.” In addition, leaves may be granted to all permanent full-time employees for a maximum of four (4) hours to attend the funeral of any other relative upon written authorization of the Executive Director. Employees shall request the time off as far in advance as practical. If the situation warrants an extension, the Executive Director may grant up to an additional three (3) calendar days. A written explanation of any such extension must be filed with the Executive Director.

(b) Jury or Witness Leave - Leave with pay shall be authorized by the Executive Director

in order that a regular employee may serve required jury duty or as a witness for the Federal Government, state of Iowa or political subdivision thereof. Such time off shall be considered as time on duty and the employee will be paid the difference between the regular pay and the amount the employee receives from the jury or witness duty, except travel, food or lodging compensation for such duties. Other types of required court appearance shall not be considered as time on duty and entitle the individual to compensation as stated above, except at the discretion of the Executive Director.

(c) Military Leave - The Employer will comply with all applicable Federal and state

regulations regarding military leave. (d) Injury Leave - Leave of absence with pay to permanent employees for on-the-job

injuries or occupational disease (as described by the Iowa Worker’s Compensation Law) shall be provided by worker’s compensation insurance.

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Method of Payment - During such injury leave, the employer shall pay such employee in accordance with the schedule below provided that, upon receipt of worker’s compensation benefits, employees shall receive the difference between worker’s compensation benefits under this contract. However, the total amount so paid for loss of time from work shall not exceed the full pay that the employee would have received for such period at the employee’s regular rate of pay. Such injury leave shall not be charged against the employee’s sick leave or vacation benefits, except as provided hereinafter. Extent of Leave - Such injury leave shall extend, as provided below, unless it is determined sooner by competent medical authority and approved by the Executive Director that the employee can return to work. (a) For the first six (6) months of the injury leave, the equivalent of full pay. (b) For the next three (3) months, worker’s compensation benefits, plus two-thirds

(2/3) of the difference between the employee’s full pay and the worker’s compensation benefits.

(c) For the next three (3) months, worker’s compensation benefits, plus one-third (1/3) of the difference between the employee’s full pay and worker’s compensation benefits.

(d) At the end of one (1) year from the date of injury, the employee shall be entitled to worker’s compensation benefits for the duration of the disability as provided by the Code of Iowa.

(e) If declared by competent medical authority to be unable to return to work or to be declared permanently disabled, the employee shall be permitted to use vacation and normal sick leave before being retired from service with the employer. To qualify for an injury leave of absence with pay, the employee must report an injury to the foreman within the work shift in which it occurs unless physically unable to do so and to take such first aid, medical treatment or any other treatment as may be necessary. In the event the employee fails to report the injury within the work shift, any compensation received from the employer shall be charged against sick leave or vacation time.

Section 4. Unpaid Leave (a) Reasonable Purpose - A leave of absence without pay for any reasonable purpose

may be granted by the Executive Director when requested in writing by the employee.

(b) Family Medical Leave Act - Employees shall be entitled to family leave as set out in federal law; however, employees shall not be required to exhaust all of their paid leave before they are eligible for the unpaid leave provided under the provisions of the “Family Medical Leave Act.”

Article 8 - Wages

Section 1. Wage Schedule - Employees shall be compensated in accordance with the wage schedule attached to this Agreement and marked “Appendix A.” When any position not listed on

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the wage schedule is established, the Employer may designate a job classification and rate structure for the position. In the event the Union does not agree that the classification and rates are proper, the Union shall have the right to submit the issue as a grievance at Step 2 of the grievance procedure.

Permanent employees temporarily working in a higher classification will be compensated at the rate of pay for the higher classification after the first full day of work in the higher classification as follows: Less than four (4) hours - no additional compensation; and four (4) hours or more, eight (8) hours of compensation at the rate for the higher classification, or the hours actually worked whichever is greater. If the pay rate for the “acting” position is less than the employee’s regular position, the employee will be paid at the rate of his regular position. Notwithstanding the language set out above, when a permanent employee in the MTS Driver Classification works as an MTS Operator, said employee will be compensated at the MTS Operator rate for all hours worked as an MTS Operator.

Permanent part-time employees shall receive pro-rata benefits. A permanent part-time employee is an employee of the Employer who is assigned to a permanent work schedule of less than forty (40) hours per week, but a permanent part-time employee shall not include casual employees, temporary employees, summer employees, or contract employees.

Section 2. Pay Period - The salaries and wages of employees shall be paid every two (2) weeks on Friday of the appropriate week. Employees shall be compensated on pay day for all work performed during the two (2) week pay period ending on the Sunday immediately preceding pay day. In the event the normal pay day is a holiday, the preceding day shall be pay day.

Section 3. Pay Plan (a) Within Grade Salary Increases - After appointment or promotion an employee

shall receive a step increase after completing six (6) months of employment in the assigned salary range. This employee shall continue to receive step increases after each additional six (6) months of service until reaching the top of the salary range for his/her classification. Such pay adjustments shall be made effective at the beginning of the pay period during which the required qualified service is met.

(b) Promotion Pay - Upon promotion to a classification having a higher pay range, the employee shall receive an increase in pay equal to the first step of the newly assigned salary range above the next step of the employee’s current salary range.

(c) Demotions - Employees demoted to a classification having a lower pay range shall be placed in the highest step of the newly assigned salary range that is below their current rate of pay.

Section 4. Longevity Pay - Permanent employees who have performed satisfactory,

continuous service for the required number of years shall be eligible to begin accruing longevity pay at the beginning of the payroll period in which the required number of years has been completed.

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(a) Continuous Service - Continuous service shall be terminated by resignation, dismissal or retirement. If an employee so terminated receives a subsequent reappointment, he shall not be given longevity pay for service prior to the termination. Continuous service shall not be considered broken if an employee:

1. Is on military leave of absence and returns to employment with the employer in accordance with Federal and state laws.

2. Is on an authorized leave of absence or on a temporary suspension without pay. However, no credit shall be allowed for time toward the accumulation of a five (5) year period by employees suspended or on leave without pay for over thirty (30) consecutive calendar days, and additional time equal to the loss of service must be served so as to qualify for longevity.

(b) Amount of Payment - Eligible employees shall receive one percent (1.0%) of base

salary upon completion of five (5) years; two percent (2.0%) of base salary upon completion of nine (9) years; three percent (3.0%) after thirteen (13) years; four percent (4.0%) after seventeen (17) years; five percent (5.0%) after twenty-one (21) years; and six percent (6.0%) after twenty-five (25) years or more continuous satisfactory service in a permanent status. Longevity increments shall be paid in addition to regular compensation and may be incorporated with the regular paychecks.

(c) Limitations - An employee who is suspended, on leave of absence without pay, or

otherwise off the payroll for any period of thirty (30) consecutive calendar days or more shall receive no longevity pay for such period.

Article 9 – Other Benefits The Employer shall pay the amount of two hundred dollars ($200.00) toward a pair of

safety shoes for each employee per year after returning the old shoes to management and upon evidence such a pair of shoes has been purchased by the employee and is accompanied by a safety shoe tag required for the job and the receipt.

A tool allowance of one-hundred dollars ($100) per year will be provided to employees with toolboxes onsite that perform substantial mechanical work as determined by the Executive Director.

The Employer agrees to provide all employees up to two-hundred and seventy-five dollars ($275.00) annually for the purchase or cleaning of uniforms. For employees that choose this amount to be applied to cleaning of uniforms, they must request this choice through the Director of Finance by July 1st each year for that fiscal year’s amount to be provided for uniform cleaning.

A uniform allowance of up to three hundred dollars ($300) per year will be provided to employees who regularly perform maintenance work who are in the mechanic, mechanic foreman, or lubricator positions for purchase of the following clothing once per year: (1) an insulated bib; (2) an un-insulated bib; and/or (3) an insulated jacket.

Employees that the Executive Director determines are frequently exposed to inclement weather will receive an insulated bib and/or jacket every other year.

An employee terminating employment must turn in all uniforms and Employer equipment prior to receiving final pay warrant.

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Article 10 - Minimum Time Pay Allowances

Section 1. Reporting Time - Any employee who is scheduled to report to work and who presents himself as scheduled shall be assigned to at least two (2) hours work on the job for which he was scheduled to report. If work on the job is not available, the employee may be excused from duty and paid at his regular rate of pay for two (2) hours work at the appropriate rate; straight time or overtime, whichever is applicable. When an employee reports for work and starts to work as scheduled and is excused from duty before completing two (2) hours work, the employee shall be paid at his regular rate for two (2) hours work at the appropriate rate; straight time or overtime, whichever is applicable.

Section 2. Recall Pay - Employees who are recalled to work by their supervisor after the completion of the regular work day shall receive a minimum of two (2) hours pay for each call at the appropriate overtime rate.

Article 11 - Overtime

Section 1. Rate of Pay (a) Time and one-half of the employee’s regular hourly rate of pay shall be paid for all

work performed in excess of forty (40) hours in any work week.

(b) Double Time. Double time shall be paid for all work performed on Sunday and holidays.

(c) Time worked shall be computed to the closest fifteen (15) minutes for overtime

compensation.

Section 2. Procedures - Whenever overtime work is necessary, the Employer will determine the classification needed to perform the overtime work. In the event there are no employees who volunteer for the overtime, the overtime will be assigned to the employee in the appropriate classification with the least amount of seniority. The procedure for assigning the overtime will be as follows:

(a) Scheduled Saturday Overtime - Except for Holiday Overtime, employees shall be offered scheduled Saturday overtime based on seniority. If no employee volunteers for the overtime or if additional employees are needed beyond those that have volunteered, the least senior employee shall be assigned to work. The Employer shall post a sign-up sheet approximately thirty (30) days in advance and employees shall have two (2) weeks to sign up for overtime. Upon completion of the sign-up period, Employer shall post the schedule of assigned workers. Once scheduled, employees must work unless unavailable due to unforeseen emergency or illness. If unavailable, the employee must contact his/her supervisor before the start of the overtime shift. The Employer reserves the right to assign any available employee to fill in for an employee unavailable due to an unforeseen emergency unless notified prior to noon on Friday.

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(b) Scheduled Holiday Overtime - Employees shall rotate holiday work assignments

within their respective classification. In the event there is a need for personnel in addition to those scheduled to work a holiday, such assignment will be offered on a seniority basis.

(c) Other Scheduled Overtime – The Employer shall provide reasonable advance

notice and assign by seniority. Other Scheduled Overtime shall include: (a) an activity that begins more than one (1) hour before a normal shift; or (b) a new activity that begins before the end of a shift and ends more than one (1) hour after a normal shift; or (c) an activity that begins after the facility’s closing hours. For the purpose of this subsection, “New Activity” means a project assigned to an employee with four (4) hours or less left in that employee’s shift.

(d) Exceptions - This procedure shall not apply to overtime incurred as a result of a

continuation of work beyond an employee’s normal workday. Overtime assigned for snow removal shall not be included in these procedures.

Section 3. Computation of Overtime Rates – Holiday and vacation leave time including

unworked holidays shall be considered time worked for the purpose of computing overtime

Section 4. Overtime vs. Comp. Time - Employees may be given comp. time in lieu of overtime pay at the discretion of the Executive Director provided said comp. time shall not exceed two hundred and forty (240) hours in one (1) fiscal year.

Article 11 - Seniority “Company Seniority” means an employee’s length of continuous service with the

employer since his/her last date of hire. “Department Seniority” means an employee’s length of continuous service at: (1) the North Dallas Landfill site located in Dallas County (“Dallas Site”); or (2) The Metro Park East Landfill, Metro Transfer Station, and Metro Compost Facility—all located in Polk County (“Polk Site”). Employees shall not be involuntarily assigned from one department to another for more than thirty (30) consecutive days. Employees so assigned shall receive mileage at the IRS established rate for a total of one hundred and twenty (120) miles per day.

Section 1. Probationary Period - Any new employee may be discharged by the employer during the first ninety (90) days of employment in permanent status in a budgeted position on any grounds, including incompetence, and the Executive Director, working through the employee’s supervisor, shall be the sole judge, without appeal, as to the competency of said employee. Upon satisfactory completion of the probationary period, the employee’s seniority standing shall be computed from the date he/she started to work.

Section 2, Seniority Lists - The Employer will maintain a current seniority list of employees

based upon the length of continuous employment with the employer and/or any employment

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with an Agency member immediately preceding his/her employment with the Employer. Such list will be posted where employees may see it at all times.

Section 3. Breaks in Seniority - An employee’s seniority record shall be broken by voluntary resignation, discharge for just cause, and retirement. If an employee returns to work in any capacity within one (1) year, an additional time equal to the loss of service must be served before the previous seniority earned is reinstated.

Section 4. Layoffs - In the event it is necessary to reduce the number of employees, employees will be laid off in inverse order of their department seniority and returned to work in the order of their department seniority. Employees removed from a position due to a reduction in the number of positions will be placed in other positions within the bargaining unit on the basis of seniority provided such employees possess the necessary job qualifications and have the ability to do the work.

During the period of time the employee is laid off, he shall accumulate seniority during the lay off for a maximum of six (6) months and shall not lose any seniority he had accumulated prior to the time he was laid off.

Transfer station employees shall not be entitled to exercise seniority rights over any employee position or classification located at the Metro Park East Landfill site, regardless of the seniority of the employee who holds said position at the landfill site, unless said employee shall have the requisite skill and ability to immediately perform the work.

Article 12 - Work Force Section 1. Promotions - When new jobs are created or vacancies are to be filled,

preference may be given to seniority and qualifications. The Executive Director shall determine the most qualified. When the Executive Director believes the qualifications are equal between two or more employees, the employee with the most seniority shall prevail. In the event an employee acquires the job he/she shall be given a trial period generally not to exceed thirty (30) days in said position. The Executive Director may extend the trial period for up to sixty (60) calendar days, however, the employee shall return to their original position unless the Executive Director confirms the permanent promotion via written notice. Employees promoted to a new position on a different salary range will be moved to the step closest to their existing wage without a loss in pay. Section 2. Temporary Acting Positions - When the Executive Director decides there is a need to fill a temporary position for more than one week the Employer shall post for interested employees for such temporary position. The most senior interested employee shall strongly be considered first. The temporary acting position is not to exceed six (6) months without Executive Director’s approval.

If the Employer determines at any time up to two hundred forty (240) hours performing the temporary acting position that the employee is having difficulty performing the work, then the Employer may consider the next qualified interested employee with consideration given to seniority. The Employer shall meet with the Union Steward and the employee to be replaced. An

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employee removed from a position shall not be eligible for future postings for at least twelve (12) months.

For all positions other than Mechanic, after completing three hundred sixty (360) hours performing the temporary acting position the employee shall be paid the higher classification pay per contract and will be considered qualified for the position. For the Mechanic positions, after completing eight hundred (800) hours performing the temporary acting position the employee shall be paid the higher classification per contract and will be considered qualified in position. Employees will be evaluated as work can be completed. The Executive Director shall have final decision if employees are qualified for promotion as opening occurs.

Section 3. Posting - Job vacancy notices shall be posted on the bulletin board for seventy-two (72) hours, excluding weekends, during which time each employee who is interested shall bid.

Article 13- Settlement of Disputes Section 1. Grievance - Any grievance concerning the interpretation, application or alleged

violation of the provisions of this Agreement by the Employer shall be processed in the manner set forth herein. The term “grievance,” however, shall not include a dispute seeking to change the amount of an employee’s wages or benefits set forth in this Agreement. Grievances shall be in writing and signed and shall be adjusted in the following manner:

Step 1. The employee shall submit his/her grievance to the department supervisor within five (5) working days of the occurrence giving rise to it. The supervisor shall give his/her answer to the employee within three (3) days of submission to him/her. Step 2. If not resolved or answered by the department supervisor within three (3) working days, the grievance shall be submitted by the employee to the Executive Director within five (5) working days. The Executive Director shall give an answer to the employee within five (5) work days of submission of grievance. Step 3. If not resolved, the grievance may be submitted to arbitration by the employee or his labor organization. Notice of arbitration shall be given in writing within fifteen (15) working days of the due date of the Executive Director’s answer. Such notice shall specify the section of this Agreement alleged to have been violated. The parties shall promptly meet to attempt to agree on an arbitrator. If they are unable to agree, they shall request the Public Employment Relations Board for a list of five (5) arbitrators and by alternately striking names, one (1) arbitrator will be selected to hear and determine the grievance. Employees are entitled to representatives of their own choosing in appealing grievances

and they are entitled to one (1) representative in Step 1 and a reasonable number of representatives thereafter. When necessary in investigating and settling grievances, employees and their representatives shall be released from work without loss of pay for a reasonable time provided the Employer is given sufficient advance notice to adjust work schedules.

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Failure to appeal a grievance within the times specified above shall bar further appeal. The employee or labor organization and the Employer shall share equally the expenses of arbitration. The arbitrator shall have no authority to add to, subtract from, or modify any provisions of this Agreement and his/her decision shall be final and binding upon the parties.

Section 2. Union Stewards (a). Activities - The Union may appoint certain employees to serve in the capacity of steward. The Union will take all reasonable measures to assure such stewards are knowledgeable of their respective responsibilities. A steward may receive, investigate and settle minor complaints and grievances, but shall not solicit such complaints. (b). Designation - The total number of stewards shall be designated so as to provide reasonable accessibility by bargaining unit personnel. (c). Investigation Procedure - Stewards may be permitted to leave their work area upon request to their supervisor for the purpose of investigating a grievance or complaint in their assigned work area. Whenever a steward enters a work area for the purpose of such investigations, the supervisor must be so notified and informed of the investigation. Stewards shall suffer no loss of their regular pay for the normal work shift when properly excused by their supervisor. However, time spent in the grievance investigation shall be kept reasonable and commensurate with the circumstances of the matter at issue. Normally such time should not exceed one (1) hour at the first or second step of the grievance procedure.

Article 14 - Deferred Compensation

An employee shall be eligible to contribute the maximum allowed by law into the deferred compensation plan. The Employer will contribute a sum equal to that contributed by the employee up to three percent (3.0%) of the employee’s annual salary.

Article 15 - General Provisions Section 1. Pledge Against Discrimination and Coercion - The provisions of this Agreement

shall be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, national origin, political affiliation or other protected classes. The Union shall share equally with the Employer the responsibility for applying this provision of the agreement. All references to employees in this Agreement designate both sexes and wherever the male gender is used it shall be construed to include male and female employees. The Employer agrees not to interfere with the rights of employees to become members of the Union and there shall be no discrimination, interference, restraint or coercion by the employer or the Employer’s representative against any employee because of Union membership or because of any employee activity in an official capacity on behalf of the Union. The Union agrees that it will not discriminate against, interfere with or harass employees with regard to their refusal to join or their withdrawal from the Union, but agrees to represent all employees in the bargaining unit without discrimination, interference, restraint or coercion.

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Section 2. Union Bulletin Boards - The employer agrees to furnish and maintain suitable bulletin boards in convenient places in each work area to be used by the Union. The Union shall limit its posting of notices and bulletins to such bulletin boards.

Section 3. Union Activities on Employer’s Time and Premises - The Employer agrees that during working hours on the Employer’s premises, without loss of pay, Union representatives shall be allowed to list or post Union notices on designated bulletin boards; attend negotiating meetings with management, provided mutually acceptable arrangements as to time and place can be made; transmit communications authorized by the local union or its officers to the employer or his/her representative.

Section 4. Work Rules - The employer agrees to establish reasonable work rules. Newly established work rules or amendments to existing work rules shall be reduced to writing, posted and five (5) copies furnished to the Union president at least three (3) working days prior to the effective date of the rules. Any conflict shall be subject to the grievance procedure.

Section 5. Safety - It is agreed by the parties that the question of safety is a common concern and to this end, the parties agree to use all reasonable means of protecting the health and welfare of all employees. Employer will develop a training program for employees in toxic material handling and recognition of hazardous waste materials. This program will be made available to all employees who are involved in the handling of any waste materials and will be given during the employee’s regular work schedule whenever possible. In the event it is necessary to conduct the training program outside the employee’s regular work schedule, the employee will be paid his/her appropriate hourly rate for attendance at the program. The Employer will also conduct C.P.R. classes at the landfill site for interested employees. Employees will be excused from work to attend the C.P.R. class as the work schedule will permit.

Section 6. Management Rights - The Union recognizes that, except as specifically limited or abrogated by the terms and provisions of this Agreement, the right to manage, direct or supervise the operations of the Employer and to discipline employees for work-related conduct arising from circumstances not specifically covered in this Agreement is vested solely and exclusively in the management of the Employer.

Section 7. Job Training - Any job training which is necessary for the employee to competently and safely perform in his/her current position shall be given to the employee by the Employer at the Employer’s expense.

Section 8. Past Practice - Verbal agreements, policies and understandings may not be used to alter the terms of this agreement unless reduced to writing and acknowledged by the parties.

Article 16 - Savings Clause Should any article, section or portion thereof, of this Agreement, be held unlawful and

unenforceable by any court of competent jurisdiction, such decision of the court shall apply only to the specified article, section or portion thereof directly specified in the decision; upon issuance

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of such a decision, the parties agree to immediately negotiate a substitute for the invalidated article, section or portion thereof.

Article 17- Duration of Agreement This Agreement shall be effective as of the 1st day of July 2018, and shall remain in full

force and effect through the 30th day of June 2023. Signed this ___ day of April 2018. FOR EMPLOYER: FOR UNION: _______________________ __________________________ METRO WASTE AUTHORITY CENTRAL IOWA EMPLOYEES

LANDFILL COUNCIL __________________________ CENTRAL IOWA EMPLOYEES

LANDFILL COUNCIL

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APPENDIX A

The wage plan set out below will apply to all permanent or permanent part-time employees of the Employer who work in the classifications listed below for the period from July 1, 2018 through June 30, 2023:

JOB CLASSIFICATION RANGES

Range 1. Equipment Lubricator; Light Equipment/Utility Worker; Metro Transfer Station Driver*

Range 2. Medium Equipment Operator; Metro Transfer Station Operator Range 3. Heavy Equipment Operator; Equipment Mechanic;

Heavy Equipment Operator Mechanic

Working Foreman shall receive an additional seven percent (7%) increase in base pay. The wages for each of the Job Classification Ranges during the term of this contract are

as set out in the “Metro Waste Authority Union Pay Rates” attached to this Agreement and included as part of this Appendix A, which details that employees will receive: a two percent (2.0%) across the board wage increase for year one of the contract; a two percent (2.0%) across the board wage increase for year two of the contract; a two percent (2.0%) across the board wage increase for year three of the contract; a two and half percent (2.5%) across the board wage increase for year four of the contract; and a two and half percent (2.5%) across the board wage increase for year five of the contract.

*Any Metro Transfer Station Driver whose current wage is greater than the wage he/she would receive in Pay Range 1 shall continue to receive his current wage but will not receive any of the annual Cost of Living increases so long as his wage is greater than the wage he would receive in Pay Range 1.

For Drivers that were driving for the Employer prior to July 1, 2013, and are still driving

for the Employer as of July 1, 2018, a one-time bonus payment of nine hundred dollars ($900) shall be paid on July 1, 2018. A Driver bonus payment of five hundred twenty dollars ($520) shall be paid on December 1st each year of the contract and a second Driver bonus payment of five hundred twenty dollars ($520) shall be paid June 1st each year of the contract.

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METRO WASTE AUTHORITY UNION PAY RATES

SALARY RANGE FOR THE PERIOD JULY 1, 2018 THROUGH JUNE 30, 2019

RANGE START STEP 1 STEP 2 STEP 3 STEP 4

6 MO 1 YR 18 MO 2 YRS

1 $27.14 $27.43 $27.82 $28.51 $29.15 Utility Worker Equipment Lubricator Transfer Station Semi-Driver

2 $31.59 $32.34 $32.36 $33.21 $33.97 Medium Equipment Operator Transfer Station Operator

3 $32.78 $32.96 $33.39 $34.20 $35.01 Heavy Equipment Operator Equipment Mechanic Heavy Equip. Operator/Mechanic

SALARY RANGE FOR THE PERIOD JULY 1, 2019 THROUGH JUNE 30, 2020 RANGE START STEP 1 STEP 2 STEP 3 STEP 4





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