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HomeMy WebLinkAbout2019-01-08 ResolutionItem Number: 6.a. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT January 8, 2019 Resolution rejecting bids received on December 18, 2018 for the West Riverbank Stabilization Project Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: Project Plans and Specifications for the West Riverbank Stabilization Project were approved at the November 20th, 2018 Council Meeting, and the engineer's estimated cost of construction was $895,000. Three (3) bids were submitted prior to the December 18, 2018 deadline: Bidder Name C Aty Bid Amount Legacy Corporation East Moline, Illinois $ 903,330 Boomerang Corporation Anamosa, Iowa $1,277,777 Peterson Contractors, Inc. Reinbeck, Iowa $1,349,776 An evaluation of the bids determined that there was an error in the anticipated retaining wall footing requirements, and associated costs that were not reflected in the low bid. Staff recommends rejecting all bids received on December 18, 2018. Staff will work with the consultant to revise the wall design, with the intention of bidding the revised project for construction in 2019. Background /Analysis: The project involves constructing a retaining wall and rip -rap stabilization along a severely eroded stretch of riverbank on the west side of the Iowa River north of Highway 6. The design will accommodate a future segment of the Iowa River Trail. ATTACHMENTS: Description Resolution Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 319-3565436 Resolution No. 19-1 Resolution rejecting bids received on December 18, 2018 for the West Riverbank Stabilization Project Whereas, three (3) bids were received on December 18, 2018 for the West Riverbank Stabilization Project, and Whereas, an evaluation of the bids determined that there was an error in the anticipated retaining wall footing requirements and associated costs that were not reflected in the low bid; and Whereas, the Department of Public Works recommends that the Council reject all bids. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that all bids received on December 18, 2018 for the West Riverbank Stabilization Project are rejected. Passed and approved this 8th day of January '2019 M2ryor AttestY" 4iCilerk It was moved by saiih Qanseconded by adopted, and upon roll call there were: Ayes: Nays: pp oved by /-4-11 City Attorney's Office Mims Absent: the Resolution be Cole Mims Salih Taylor Teague Thomas Throgmorton (0.0 NOTICE TO BIDDERS WEST RIVERBANK STABILIZATION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 18th day of December 2018. Sealed proposals will be opened immediately thereafter. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 801 day of January 2019, or at special meeting called for that purpose. A public hearing will be held during this meeting. The Project will involve the following: Restoration of the west riverbank of the Iowa River immediately upstream of the Highway 6 bridge, and continuing approximately 635 feet upstream and includes clearing and grubbing, grading, placement of rip -rap revetment below the ordinary high-water line and construction of a segmental block retaining wall above the ordinary high-water line, erosion control, and site restoration. The project is located on the west bank of the Iowa River immediately North of Highway 6 in Iowa City, Iowa. All work is to be done in strict compliance with the Project Manual prepared by Bolton & Menk, Inc, of Cedar Rapids, Iowa, which has heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be submitted in a sealed envelope. In addition, a separate sealed envelope shall be submitted containing a completed Bidder Status Form and a bid security executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City (in the form shown in Section 0510) ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. The City shall retain the bid security furnished by the successful bidder until the approved contract has been executed, the required Performance, Payment, and Maintenance Bond (as shown in Section 0510) has been filed by the bidder guaranteeing the performance of the contract, and the contract and security have been approved by the City. The City shall promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. The successful bidder will be required to furnish a Performance, Payment, and Maintenance Bond in an amount equal to one hundred percent (100°/x) of the contract price and in the form shown in Section 0510, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City Council. West Riverbank Stabilization Project 0100 — Page 1 of 2 The following limitations shall apply to this Project: Interim Milestone Completion: March 3151, 2019 all clearing and grubbing must be complete. $10,000 penalty Substantial Completion: May 31$', 2019 Liquidated Damages: $500 per day The Project Manual may be examined at the office of the City Clerk. Copies thereof and blank forms may be secured at the office of Bolton & Menk, Inc. Please call 515-259-9190 ext 3143 or email Madison. burke anbolton-menk.corn to request a copy. A $25 fee is required for each set of the Project Manual provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Bolton & Menk, Inc. The fee is refundable if returned within 14 days of award of the project by City Council in re -usable condition. Complete digital project bidding documents are available at www.bolton-menk.com or www.questcdn.com. You may view the digital plan documents for free by entering Quest project #6003457 on the website's Project Search page. Documents may be downloaded for $0.00. Please contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, viewing, downloading, and working with this digital project information. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall list on the Contract its subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Posted upon order of the City Council of Iowa City, Iowa KELLIE FRUEHLING, CITY CLERK West Riverbank Stabilization Project 0100 — Page 2 of 2 Item Number: 6.b. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT January 8, 2019 Resolution accepting the work for the Wastewater Treatment Facility Influent Channel Modifications Project. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Tim Wilkey, Wastewater Superintendent Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: This project has been completed by Tricon General Construction of Cedar Rapids, Iowa, in substantial accordance with the plans and specifications prepared by Stanley Consultants of Muscatine, Iowa. The Engineers Report and Performance and Payment bonds are on file with the City Clerk. • Project Estimated Cost: $ 158,000.00 • Project Bid Received: $ 157,200.00 • Project Final Cost: $ 148,686.18 Background /Analysis: The Wastewater Treatment Facility had been experiencing grit build-up in the new influent channel that was constructed during the Wastewater Treatment Facilities Consolidation Project. This project included the installation of fillets and weirs to help reduce maintenance and repairs associated with the sediment accumulation. The fillets and weirs will also prevent sediment from accumulating and interfering with operations and flow metering. ATTACHMENTS: Description Engineer's Keport Resolution I l 1 CITY OF IOWA CITY 410 East Washington Street ENGINEER'S REPORT Iowa City, Iowa 52240 -1826 (319) 356 - 5000 (319) 356 - 5009 FAX December 19, 2018 www.icgov.org City Clerk Iowa City, Iowa Wastewater Treatment Facility Influent Channel Modifications Project Dear City Clerk: I hereby certify that the construction of the Wastewater Treatment Facility Influent Channel Modifications Project has been completed by Tricon General Construction of Cedar Rapids, Iowa, in substantial accordance with the plans and specifications prepared by Stanley Consultants of Muscatine, Iowa. The project was bid as a lump sum contract and was awarded for $157,200.00. The final contract price is $148,686.18. There was a total of five (5) change or extra work orders for the project as described below: 1. Extended contract times based on 30 -day precipitation forecast and $ 0.00 flooding potential. 2. Repair existing damage to concrete floor slab $ 924.18 3. Add stainless steel angle iron on nose of channel divider for scour $ 562.00 protection 4. Extended contract times based on actual weather $ 0.00 5. Unused allowance deducted from original contract price $ (10,000.00) Total $ (8,513.82) I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, i�- Jason Havel, P.E. City Engineer Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 Resolution No. 19-2 Resolution accepting the work for the Wastewater Treatment Facility Influent Channel Modifications Project Whereas, the Engineering Division has recommended that the work for construction of the Wastewater Treatment Facility Influent Channel Modifications Project, as included in a contract between the City of Iowa City and Tricon General Construction of Cedar Rapids, Iowa, dated August 17, 2018, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the WWTF Influent Channel Modifications account # V3152; and Whereas, the final contract price is $148,686.18. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 8th day of January '2019 MEVYor 10 Attest: aG &, Cl Clerk It was moved by Salih and seconded by adopted, and upon roll call there were: Ayes: Fl Nays: to Approved by Z.9), /-2-Ii City Attorney's Office Mims the Resolution be Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton 01 Notice to Bidders Wastewater Treatment Facility Backup Generation and Electrical Distribution Upgrade Project Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 191 day of December 2018. Sealed proposals will be opened immediately thereafter. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 81 day of January 2019, or at special meeting called for that purpose. There is a recommended pre-bid meeting to be held at the Iowa City Wastewater Treatment Facility, 4366 Napoleon Street, SE, Iowa City, Iowa at 10:00 A.M. on the 61 day of December 2018. The Project will involve the following: This project includes upgrading the backup generation and electrical distribution system and is located at the City of Iowa City Wastewater Treatment Facility, 4366 Napoleon Street, SE, Iowa City, Iowa. This includes installation of owner -furnished equipment (a packaged engine generator and associated equipment and 15kV electrical switchgear). The project also includes installing electrical ductbank from the utility metering cabinets to and from the new packaged engine generator and switchgear. An existing building will be upgraded with a new roof, new HVAC equipment and plumbing and will be renovated to house a new battery room and switchgear. All work is to be done in strict compliance with the Project Manual prepared by PRVN Consultants, Inc. of North Liberty, IA and Shoemaker & Haaland of Coralville, IA, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be submitted in a sealed envelope. In addition, a separate sealed envelope shall be submitted containing a completed Bidder Status Form and a bid security executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the Treasurer of the City of Iowa City, Iowa, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post security satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. The City shall retain the bid security furnished by the successful bidder until the approved contract form has been executed, a security has been filed by the bidder guaranteeing the performance of the contract, and the contract and security have been approved by the City. The City shall promptly return the checks or bidder's securities of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. The successful bidder will be required to furnish a security in an amount equal to one hundred percent (100%) of the contract price, said security to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: ............................................................. February 4, 2019 Final Completion: .................................................................... October 4, 2019 Liquidated Damages: ................................................................... $250 per day The Project Manual may be examined at the office of the City Clerk. Copies of said Project Manual may be secured at the Office of Rapids Reproductions/Technigraphics/Tri-State Blueprint, 415 Highland Ave, Suite 100, Iowa City, IA 52240, Telephone: (319) 354-5950, www.rapidsrel)ro.com, by bona fide bidders. A $25 fee is required for each set of the Project Manual provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Rapids Reproductions. The fee is refundable if returned within 14 days of award of the project by City Council in re -usable condition. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Agreement of the proposed subcontractors, with the type of work and approximate value of the subcontractor work associated with the project. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Posted upon order of the City Council of Iowa City, Iowa. Kellie Fruehling, City Clerk Item Number: 6.c. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT January 8, 2019 Resolution accepting the work for the Market Street and Union Place Curb Ramp and Storm Sewer Improvements. --------------- Prepared By: Brett Zimmerman, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: This project has been completed by Bockenstedt Excavating of Iowa City, IA in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bond are on file with the City Engineer. • Project Estimated Cost: $ 41,000.00 • Project Bid Received: $ 38,802.00 • Project Final Cost: $ 43,239.70 Background /Analysis: This project created ADA compliant curb ramps and improved the existing storm sewer intakes at the Market Street and Union Place intersection. ATTACHMENTS: Description Engineer's Report Resolution ENGINEER'S REPORT December 19, 2018 City Clerk Iowa City, Iowa � r ';4 .1 w CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org Re: Market St. and Union PI. Curb Ramp and Storm Sewer Improvements Dear City Clerk: hereby certify that the Market St. and Union PI. Curb Ramp and Storm Sewer Improvements project has been completed by Bockenstedt Excavating of Iowa City, Iowa in substantial accordance with the plans and specifications completed by the City of Iowa City. The project was bid as a unit price contract and the final contract price is $43,239.70. There was a total of two (2) change or extra work orders for the project: 1. PCC Curb and 18" DIP $5,837.00 2. Permanent Stabilization $1,100.00 Total $6,937.00 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel City Engineer VC, Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 19-3 Resolution accepting the work for the Market Street and Union Place Curb Ramp and Storm Sewer Improvements. Whereas, the Engineering Division has recommended that the work for construction of the Market Street and Union Place Curb Ramp and Storm Sewer Improvements, as included in a contract between the City of Iowa City and Bockenstedt Excavating of Iowa City, Iowa, dated July 2, 2018, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in account #s M3631 and S3822; and Whereas, the final contract price is $43,239.70. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 8th day of January _'2019 C/ ;�k—, M 'or Attest: City Clerk Approved by City Attorney's Office It was moved by salih and seconded by Mims the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Cole X Mims X Salih X Teague X Taylor X Thomas X Throgmorton Item Number: 6.d. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT January 8, 2019 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Wastewater Treatment Facility Backup Generation and Electrical Distribution Upgrade Project. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Tim Wilkey, Wastewater Superintendent Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $1,395,000 available in the Generator Relocation & Emissions Upgrade fund account #V3143 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item awards a construction contract for the Wastewater Treatment Facility Backup Generation and Electrical Distribution Upgrade Project. The engineer's estimated costs for construction were $1,500,000. Five (5) bids were submitted prior to the December 19th, 2018 deadline: Bidder Name Woodruff Construction, LLC McComas-Lacina Construction, LC Tricon General Construction, Inc. W RH, Inc. Path Construction, LC city Bid Amount Tiffin, 1 A $ 1,395,000 Iowa City, IA $ 1,470,000 Cedar Rapids, IA $ 1,488,000 Amana, 1 A $ 1,544,800 Arlington Heights, I L $ 1,685,000 Woodruff Construction, LLC of Tiffin, IA, submitted the lowest responsible bid of $1,395,000. Staff recommends awarding the contract for the Wastewater Treatment Facility Backup Generation and Electrical Distribution Upgrade Project to Woodruff Construction, LLC. Background /Analysis: This project will upgrade the existing electrical distribution system and backup generation equipment necessary to meet current and future demands. It includes the installation of a pre - purchased engine generator and 15kV electrical switchgear. An existing building will be renovated to house a new battery room and the switchgear, including upgrades to the roof, HVAC equipment and plumbing. All equipment will be elevated above the 500 -year floodplain. Project Timeline: Award Date — January 8, 2019 Construction Start — February 2019 Final Completion — October 2019 ATTACHMENTS: Description Resolution td Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 319-356-5436 Resolution No. 19-4 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Wastewater Treatment Facility Backup Generation and Electrical Distribution Upgrade Project. Whereas, Woodruff Construction, LLC. of Tiffin, Iowa, has submitted the lowest responsible bid of $1,395,000 for construction of the above-named project; and Whereas, funds for this project are available in the Generator Relocation & Emissions Upgrade fund account #V3143; and Whereas, the City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above- named project. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The contract for the construction of the above-named project is hereby awarded to Woodruff Construction, LLC, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 8th day of January _,2019 M46r ,) A roved Attest 17 City Clerk City Attorney's Office It was moved by salih and seconded by Mims the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Cole X Mims X Salih X Taylor X Teague X Thomas X Throgmorton Item Number: 6.e. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT January 8, 2019 Resolution authorizing the procurement of Land Development, Permit, and Licensing Software for the Public Works and Neighborhood and Development Services Departments. Prepared By: Tracy Hightshoe, Neighborhood and Development Services Director Reviewed By: June Nasby, Buyer I I Danielle Sitzman, Development Services Coordinator Fiscal Impact: Not -to -exceed $788,615.00 for services and $118,433.00 for travel available in the capital program in project G4720. Recommendations: Staff: Approval Commission: None Attachments: Resolution Executive Summary: This agenda item will authorize the purchase, installation, and configuration of Land Development, Permit, and Licensing Software for the Public Works and Neighborhood and Development Services Departments. Background /Analysis: The City currently uses a patchwork of several software programs to assist with the processing and record keeping of land use changes, building construction, right-of-way work, and rental licensing activities. This includes ProjectDox, a web -based electronic plan review system that lets applicants initiate and complete the process online which has completely replaced paper copy reviews; Inspector Buddy, a rental field inspector software that records inspection results, automates report generation, and tracks cases. I CgovXpress, a web and app based program that allows residents to request services, ask questions, or submit property nuisance reports; Laserfiche, a document storage and management program; and Microsoft Office, providing email, database, and spreadsheet functions. The spine of this collection is Tidemark, a property based land management and permit program. I n 2001 Tidemark Solutions, the creator of this software, was bought by another company, Accela, and their software subsequently put on "life support" mode in 2014. This means that Tidemark is now only minimally supported and has no future software developments being made to it by Accela. Because of this, the City currently operates a 2011 version of the software. This results in obsolete functionality and a risk of eventual system failure. For example, the ProjectDox application can also no longer be updated when its developers make improvements or fix bugs because any new updates break the communication between it and Tidemark. Broken connections result in ProjectDox no longer being able to route data between the two products. Customers would no longer be able use the electronic plan review process and the City would have to re -instate a hard copy based process. In addition, several home-grown or in-house program interfaces have been developed by City staff to allow newly added third party products to communicate with Tidemark. These products are necessary to add-in additional functions not available in Tidemark. This includes the I CgovXpress and Inspector Buddy products which improve communication between staff working on different tasks but related to the same property. Building in connections in this manner makes any on-going updates inherently more complex, time consuming, and unstable. Most significantly, programs that can no longer be updated are unable to incorporate the newest security updates to counter known viruses and security threats. This puts them at increased risk for malicious attack from outside agents who wish to gain unauthorized access to data or other City systems for their own purposes. Due to Tidemark's lack of support, the servers which contain it can no longer receive security update patches against new security exploits that may be discovered or created and still maintain its operability. Overall, the lack of support and updates and home-grown interfaces to work around limited functionality have created serious security, compatibility, and functionality problems. On October 20, 2017, the City issued a Request for Proposal (RFP) for the supply, installation and maintenance of a new Land Development, Permit and Licensing Software System to replace Tidemark. The Request for Proposals was intended to facilitate the integration of various program functions into one full-service, user-friendly, and reliable system and to allow the City to take advantage of new advances in software technology which promote collaboration and integration among City Departments as well as on -demand access for the public to City services and records. The software will be used by staff to communicate with the public during the review process, schedule inspections, track and review code enforcement activity and create licenses. The public will use the software through the web to apply for land development activity and various types of permits, upload drawings and documents, and view public records. The proposed software will eliminate the need for ProjectDox entirely, expand the functions available to staff and the public, be easier to navigate and understand, maintain existing property data, and integrate with other city programs without any need for in-house coding. Five (5) proposals were received, evaluated, and scored by a staff committee composed of representatives from the Departments who will be using the software (Neighborhood and Development Services, Public Works) as well as Information Technology Services. The evaluation committee performed a thorough evaluation of each proposal based on the following categories: compatibility with the City's desired functional and technical requirements, cost (both cost of project and 5 -year cost), public sector experience, product longevity and qualifications of the proposed staff, proposed implementation strategy and plan, including training, compatibility with the City's proposed contract terms and conditions, on-site software demonstration and interviews, and references. After a complete evaluation of the proposal, follow-up questions, and negotiations the evaluation committee recommends Tyler Technologies of Yarmouth, Maine to receive the contract award to provide the EnerGov Land Development, Permit, and Licensing Software System. Tyler Technologies is the City's current software vendor for accounting and finance software called Munis. The proposed pricing includes a slight current client discount on the purchase of EnerGov software licensing. In addition, EnerGov integrates with Munis and other Tyler products out -of -the box with simple configuration parameters at no cost to the City. It is also compatible with the City's GIS software, email application, and replaces the need to store documents in Laserfiche. Integration of workflows between the planning, building, and property maintenance functions of the City will increase the efficient and accurate sharing of information and improve the future development and building approval process. Data sharing within the larger organization on financial and budgetary matters related to the land development process will also allow for better, more effective decisions, more quickly. With the 2014 announcement of life-support status by the new owners of Tidemark, the City began planning for the future purchase of replacement software. In conjunction with the RFP process in 2017, $500,000 of General Obligation Bond debt was secured. An additional $400,000 will need to be bonded in the coming year to support this purchase. This resolution authorizes the award of the contract and authorizes the City Manager to effectuate future purchases and renewals. ATTACHMENTS: Description Resolution Prepared by: Tracy Hightshoe, Neighborhood and Development Services Director., Iowa City, IA 52240 (319)356-5244 Resolution No. 19-5 Resolution authorizing the procurement of Land Development, Permit, and Licensing Software for the Public Works and Neighborhood and Development Services Departments Whereas, the City's Purchasing Division issued a Request for Proposal (RFP) for Land Development, Permit, and Licensing Software; and Whereas, the City received five (5) proposals in response to the RFP; and Whereas, proposals were distributed to an evaluation committee, which consisted of representatives from Neighborhood and Development Services staff, Information Technologies Services staff, Public Works staff; and Whereas, two of the proposers were selected for Phase 2 and were brought in for presentations; and Whereas, Tyler Technologies was then asked for a best and final offer that included a not to exceed price of the project: and Whereas, staff recommends award of a purchase contract with Tyler Technologies of Yarmouth, Maine; and Whereas, the capital costs for the Land Development, Permit, and Licensing Software are not to exceed $788,615.00 for services and $118,433.00 for travel; and Whereas, this amount exceeds the City Manager's spending authority of $150,000, thus requiring City Council approval; and Whereas, funds for this purchase are available in the capital program in project G4720; and Whereas, a copy of said contract is on file and available for public inspection in the City's Purchasing Division; and Whereas, approval of this procurement is in the public interest. Now, therefore, be it resolved, by the City Council of the City of Iowa City, Iowa, that: 1. The proposed procurement as described above is approved. 2. The City Manager is authorized to sign said contract and take all steps necessary to effectuate amendments to or renewals of the contract. Passed and approved this sth day of January 20 19 Ma or Approved by Resolution No. 19-5 Page 2 Attest: C Clerk &4.'52. O= /- s-/'? City Attorney's Office It was move by Salih and seconded by trims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton Item Number: 61. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org January 8, 2019 Resolution accepting payment of $1,500.00 civil penalty and waiver of right to hearing from The Convenience Store ATTACHMENTS: Description Resolution Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030 Resolution number: 19-6 Resolution accepting payment of $1,500.00 civil penalty and waiver of right to hearing from The Convenience Store Whereas, on November 14, 2018, an employee of The Convenience Store, 106 S. Linn Street, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the second such violation by one of its employees in a two-year period; and Whereas, at the time of the violation, The Convenience Store was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code §453A.2(1), after a hearing and proper notice; and the civil penalty for a second violation within a two-year period is, at the retailer's option, $1,500.00 or a thirty -day permit suspension; and Whereas, The Convenience Store has waived its right to the hearing required by Iowa Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §453A.2(1), by paying a $1,500.00 civil penalty to the City Clerk of the City of Iowa City. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council should accept the waiver of right to hearing and payment of $1,500.00 civil penalty on behalf of The Convenience Store. Be it further resolved, that the City Clerk will forward this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Passed and approved t/his8th day of January , 2019. Ma or Attest: 4161 - City Clerk Appr d by City Attorney's Office bf Resolution 19-6 page 2 It was moved by salih and seconded by trims the Resolution be adopted, and upon roll call there were: Nays: Absent : Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 6.g. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org January 8, 2019 Resolution accepting payment of $1,500.00 civil penalty and waiver of right to hearing from Almost Paradise. ATTACHMENTS: Description Resolution Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244,319-356-5030 Resolution number: 19-7 Resolution accepting payment of $1,500.00 civil penalty and waiver of right to hearing from Almost Paradise Whereas, on December 7, 2016, an employee of Dana's Investments L.L.C., dba Almost Paradise, 355 S. Linn Street, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the first such violation by one of its employees in a two-year period; and Whereas, on November 13, 2018, an employee of Dana's Investments L.L.C., dba Almost Paradise, 355 S. Linn Street, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the second such violation by one of its employees in a two-year period; and Whereas, at the time of the violation, Almost Paradise was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code §453A.2(1), after a hearing and proper notice; and the civil penalty for a second violation within a two-year period is, at the retailer's option, $1,500.00 or a thirty -day permit suspension; and Whereas, Almost Paradise has waived its right to the hearing required by Iowa Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §453A.2(1), by paying a $1,500.00 civil penalty to the City Clerk of the City of Iowa City. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council should accept the waiver of right to hearing and payment of $1,500.00 civil penalty on behalf of Almost Paradise. Be it further resolved, that the City Clerk will forward this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Resolution No. 19-7 Page 2 Passed and approved this 8thday of January 2019. M or App ro d by Attest: Ci Clerk City Attorney's Office It was moved by Salih and seconded by trims the Resolution be adopted, and upon roll call there were: Ayes: x x Nays: Absent : Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 6.h. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org January 8, 2019 Resolution accepting payment of $300.00 civil penalty and waiver of right to hearing from Up In Smoke. ATTACHMENTS: Description Resolution IN Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030 Resolution number: 19-8 Resolution accepting payment of $300.00 civil penalty and waiver of right to hearing from Up In Smoke Whereas, on November 14, 2018, an employee of UIS L.L.C., dba Up in Smoke, 208 N. Linn Street, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the first such violation by one of its employees in a two-year period; and Whereas, at the time of the violation, Up In Smoke was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code §453A.2(1), after a hearing and proper notice; and Whereas, Up In Smoke has waived its right to the hearing required by Iowa Code §453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §453A.2(1). Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Up In Smoke. Be it further resolved, that the City Clerk will forward this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Passed and approved this$eh�day of anuar , 2019. Mag6r App r d by Attest: 1' ' Ity Clerk City Attorney's Office Resolution No. 19-8 Page 2 It was moved by salih and seconded by trims the Resolution be adopted, and upon roll all there were: Ayes: Nays: Absent: % Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton Item Number: 6.i. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org January 8, 2019 Resolution accepting payment of $300.00, $1,500.00 & $1,500.00 civil penalties, a thirty -day suspension, and waivers of right to hearing from Casey's General Store #3322. ATTACHMENTS: Description Resolution 6;t Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030 Resolution number: 19-9 Resolution accepting payment of $300.00, $1,500.00 & $1,500.00 civil penalties, a thirty -day suspension, and waivers of right to hearing from Casey's General Store # 3322 Whereas, on December 7, 2016, an employee of Casey's Marketing Company, dba Casey's General Store #3322, 1904 Broadway Street, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the first such violation by one of its employees within a two-year period; and Whereas, on June 14, 2017, an employee of Casey's Marketing Company, dba Casey's General Store #3322, 1904 Broadway Street, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the second such violation by one of its employees within a two-year period; and Whereas, on December 7, 2017, an employee of Casey's Marketing Company, dba Casey's General Store #3322, 1904 Broadway Street, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the third such violation by one of its employees within a three-year period; and Whereas, at the time of the violation, Casey's General Store #3322 was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code §453A.2(1) for a first violation within a two-year period; subject to a civil penalty of $1,500.00 or a thirty -day permit suspension for a second violation within a two-year period, at the retailer's option; and subject to a civil penalty of $1,500.00 and a thirty -day permit suspension for a third violation within a three-year period. Whereas, Casey's General Store #3322 has waived its right to the hearings required by Iowa Code §453A.22(2) and accepted responsibility for its employees' violations of Iowa Code §453A.2(1), by paying $300.00, $1,500.00 & $1,500.00 civil penalties, and surrendering its tobacco permit for 30 days (December 28, 2018 through January 26, 2019) to the City Clerk of the City of Iowa City; and Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council should accept the waiver of right to hearing, the payment of $3,300.00 in civil penalties, and the thirty -day surrender of the tobacco permit on behalf of Casey's General Store #3322. Be it further resolved, that the City Clerk will forward this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Resolution No. 19-9 Page 2 Passed and approved th/iE 8thday of January , 2019. Z. Mayr ' Approv y Attest: Ci Clerk City Attorney's Office It was moved by Salih and seconded by trims Resolution be adopted, and upon roll call there were: Ayes: X x x x x X x Nays: Absent : the Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 6.j. + r tui�1r.� • yyrrmr�� CITY Ok IOWA CITY www.icgov.org January 8, 2019 Resolution accepting payment of $1,500.00 civil penalty, a thirty -day suspension and waiver of right to hearing from Deli Mart #1. ATTACHMENTS: Description Resolution Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244,319-356-5030 Resolution number: 19-10 Resolution accepting payment of $1,500.00 civil penalty, a thirty - day suspension and waiver of right to hearing from Deli Mart #1 Whereas, on June 1, 2016, an employee of DeliMart Properties, Inc. dba Deli Mart #1, 525 Highway 1 West, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the first such violation by one of its employees in a two-year period; and Whereas, on December 10, 2017, an employee of DeliMart Properties, Inc. dba Deli Mart #1, 525 Highway 1 West, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the second such violation by one of its employees in a two-year period; and Whereas, on November 13, 2018, an employee of DeliMart Properties, Inc. dba Deli Mart #1, 525 Highway 1 West, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the third such violation by one of its employees in a three-year period; and Whereas, at the time of the violation, DeliMart Properties, Inc. dba Deli Mart #1 was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code §453A.2(1) for a first violation within a two-year period; subject to a civil penalty of $1,500.00 or a thirty -day permit suspension for a second violation within a two-year period, at the retailer's option; and subject to a civil penalty of $1,500.00 and a thirty -day permit suspension for a third violation within a three-year period; and Whereas, DeliMart Properties, Inc. dba Deli Mart #1 has waived its right to a hearing required by Iowa Code §453A.22(2) and accepted responsibility for its employee's third violation of Iowa Code §453A.2(1), by paying a $1,500.00 civil penalty, and surrendering its tobacco permit for 30 days (January 1, 2019 through January 30, 2019) to the City Clerk of the City of Iowa City. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council should accept the waiver of right to hearing, a payment of $1,500.00 civil penalty, and the thirty -day surrender of the tobacco permit on behalf of DeliMart Properties, Inc. dba Deli Mart #1. Be it further resolved, that the City Clerk will forward this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Resolution No. 19-10 Page 2 Passed and approved this 8thday of January , 2019. Ma or Attest: r� Ci y Clerk Appro ed by 44/z / City Attorney's Office It was moved by salih and seconded by Resolution be adopted, and upon roll call there were: Nays: Mims the Absent : Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 6.k. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org January 8, 2019 Resolution accepting payment of $300.00 civil penalty, a thirty -day suspension, and waivers of right to hearing from Joe's Place. ATTACHMENTS: Description Resolution Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030 Resolution number: 19-11 Resolution accepting payment of $300.00 civil penalty, a thirty - day suspension, and waivers of right to hearing from Joe's Place Whereas, on December 14, 2016, an employee of Samco of Iowa City dba Joe's Place, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the first such violation by one of its employees within a two-year period; and Whereas, on June 14, 2017, an employee of Samco of Iowa City dba Joe's Place, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the second such violation by one of its employees within a two-year period; and Whereas, at the time of the violation, Samco of Iowa City, dba Joe's Place was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code §453A.2(1) for a first violation within a two-year period; and subject to a civil penalty of $1,500.00 or a thirty -day permit suspension for a second violation within a two- year period, at the retailer's option; and Whereas, Samco of Iowa City, dba Joe's Place has waived its right to the hearings required by Iowa Code §453A.22(2) and accepted responsibility for its employees' violations of Iowa Code §453A.2(1), by paying a $300.00 civil penalty, and choosing to surrender its tobacco permit for 30 days (January 1, 2019 through January 30, 2019) to the City Clerk of the City of Iowa City for the second violation within a two-year period. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council should accept the waivers of right to hearing, the payment of $300.00 in civil penalty, and the thirty -day surrender of the tobacco permit on behalf of Samco of Iowa City, dba Joe's Place. Be it further resolved, that the City Clerk will forward this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Resolution No. 19-11 Page 2 Passed and approved this /8thday of January , 2019. Maygr Appr d by Attest: e/ City Clerk City Attorney's Office It was moved by Salih and seconded by trims the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent : x Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton Item Number: 6.1. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT January 8, 2019 Resolution adopting the Statewide Urban Design and Specifications (SUDAS) Standard Specifications (2019 Edition), as revised by the SUDAS General Supplemental Specifications and the revised City of Iowa City Supplemental Specifications (January 2019). Prepared By: Joe Welter, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item is an annual update of the specifications used for all public improvement projects and construction within the City of Iowa City right-of-way. This update reflects revisions made to the SUDAS Standard Specifications (2019 Edition). In addition, the City's Supplemental Specifications have been revised to address revisions to the SUDAS documents. Staff recommends adoption of the SUDAS Standard Specifications (2019 Edition), as revised by the SUDAS General Supplemental Specifications and the City of Iowa City Supplemental Specifications. Background /Analysis: In Resolution 18-139, dated May 15, 2018, the City of Iowa City adopted the use of SUDAS Standard Specifications (2018 Edition), SUDAS General Supplemental Specifications, and City of Iowa City Supplemental Specifications. Recently, SUDAS released the 2019 Edition of the Standard Specifications, and the City of Iowa City Supplemental Specifications have been revised to reflect the 2019 Edition. The revised City of Iowa City Supplemental Specifications have been placed on file with the City Engineer's Office, and will be made available for use in the construction of public improvements and construction within the public right-of-way within the City of Iowa City. Throughout the year, SUDAS General Supplemental Specifications may be approved by the SUDAS Board to address issues that arise. These General Supplemental Specifications will be reviewed and may be incorporated into City projects following SUDAS approval. Annually, SUDAS General Supplemental Specifications approved throughout the year are incorporated into the SUDAS Standard Specifications the following year. ATTACHMENTS: Description Resolution (', i Prepared by Joe Welter, Public Works, 410 East Washington Street, Iowa City, Iowa 52240, (319) 35&5144 Resolution No. 19-12 Resolution adopting the Statewide Urban Design and Specifications (SUDAS) Standard Specifications (2019 Edition), as revised by the SUDAS General Supplemental Specifications and the revised City of Iowa City Supplemental Specifications (January 2019). Whereas, the City adopted the SUDAS Standard Specifications (2018 Edition), General Supplemental Specifications, and City of Iowa City Supplemental Specifications in Resolution 18- 139 (May 15, 2018) for use in all public improvement projects and construction within the right-of- way; and Whereas, SUDAS recently released an updated 2019 Edition of the Standard Specifications; and Whereas, with the release of the 2019 Edition of the SUDAS Standard Specifications, modifications to the City of Iowa City Supplemental Specifications are necessary; and Whereas, said City Supplemental Specifications have been placed on file with the City Engineers Office. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that 1. The SUDAS Standard Specifications (2019 Edition) and the City of Iowa City Supplemental Specifications (January 2019) are hereby approved and shall be used for all public improvement projects and construction within the public right-of-way. 2. The Iowa City Supplemental Specifications shall be kept on file in the City Engineer's Office and shall be made available to the public for use in the construction of public improvements and construction within the public right-of-way. Passed and approved this 8th day of January 2019 M yor Approved by Attest: �CGf u Ata'� 1 City Clerk City Attorney's Office r 3�iq It was moved by Salih and seconded by Mims the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: % Cole % Mims x Salih Resolution No. 19-12 Page 2 x Taylor R Teague % Thomas % Throgmorton Item Number: 11. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org January 8, 2019 Resolution assessing $300.00 civil penalty against Black & Gold Vapors. ATTACHMENTS: Description Citation Resolution COMPLAINT - , . 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In 75014 .1 ptaot W -1M • wan4W*4rspR% ma Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, 1A 52244, 319-356-5030 Resolution number: 19-13 Resolution assessing $300.00 civil penalty against Black & Gold Vapors Whereas, on November 13, 2018 an employee of Black & Gold Vapors, 440 Kirkwood Avenue, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor; and Whereas, at the time of the violation, Black & Gold Vapors was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2) and §453A.47A(11), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 the first time its employee violates Iowa Code §453A.2(1); and Whereas, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Black & Gold Vapors and at said hearing the City Council heard the facts of the violation and the arguments of the retailer, if any; and Whereas, this violation is the first such violation of an employee of Black & Gold Vapors within a two-year period to be considered by the City Council under Iowa Code §453A.22(2). Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council, after notice and hearing, pursuant to Iowa Code §453A.22(2) and §453A.47A(11) hereby imposes a civil penalty in full, and if the civil penalty is not timely paid any applicable permit held by the retailer shall automatically be suspended for a period of (14) days, in addition to the $300.00 civil penalty. Be it further resolved, that the City Clerk will forward a copy of this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Passed and approved this 8th day of January , 2019. M or App r by Attest: City Clerk City Attorney's Office Resolution No. 19-13 Page 2 It was moved by Thomas and seconded by Resolution be adopted, and upon roll call there were: Ayes: Nays: le the Absent: 'W", Mims Salih Taylor Teague Thomas Throgmorton Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244, 319-356-5030 Resolution number: 19-13 Resolution assessing $300.00 t against Black & Gold Va Whereas, on NRvember 13, 2018 an employee of E Avenue, Iowa CiN, violated Iowa Code §453A.2(1) by products or cigare s to a minor; and Whereas, at the time the violation, Black & Gold cigarette permit issued the City of Iowa City; ar) Gold Vapors, 440 Kirkwood or providing tobacco, tobacco was operating under a retail Whereas, pursuant to Iowa ode §453A.22(2),And §453A.47A(11), an establishment which holds a retail cigarette permit Iksubject to aci I penalty of $300.00 the first time its employee violates Iowa Code §453A.2(1), and Whereas, a hearing was held on thl, the civil penalty against Creekside facts of the violation and the arqum Whereas, this violation is the first within a two-year period to be cons :,by the City Council to determine whether to assess et and at said hearing the City Council heard the of the retailer, if any; and ation of an employee of Black & Gold Vapors the City Council under Iowa Code §453A.22(2). Now, Therefore, be it resolved b the City Co cil of the City of Iowa City, Iowa, that the City Council, after notice and h ring, pursuant o Iowa Code §453A.22(2) and §453A.47A(11) hereby impose a civil penalty in ull, and if the civil penalty is not timely paid any applicable permit he by the retailer sha automatically be suspended for a period of (14) days, in addition to th $300.00 civil penalty. Be it further resolved, that a City Clerk will forward a1qopy of this Resolution to the City Attorney's Office, which w' I then provide a copy of the s me to the retail cigarette permit holder via regular mails t to the permit holder's place oNbusiness as it appears on the application for a retail ci arette permit. Passed and Attest: of January , 2019. Attorney's Office Item Number: 12. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT January 8, 2019 Resolution approving, authorizing and directing the City Manager to execute and the City Clerk to attest an agreement by and between the City of Iowa City and Opticos Design, Inc. to provide consultant services for the creation of a form -based code for an area in the South District of Iowa City. Prepared By: Anne Russett, Senior Planner, Neighborhood & Development Services Reviewed By: Tracy Hightshoe, Director, Neighborhood & Development Services Fiscal Impact: $363,155 Recommendations: Staff: Approval Commission: n/a Attachments: Consultant Agreement Resolution Executive Summary: At the January 8, 2019 meeting, the City Council will consider executing a contract for consultant services for the development of form -based regulations for an area in the South District of Iowa City that can be replicated, adjusted, and utilized in other areas of the city. Staff worked with Opticos Design, I nc. to formulate the scope of work and final deliverables for the contract. Background /Analysis: The City contracted with Opticos Design, Inc. for the completion of a Project Direction Report and Form -Based Code Analysis for the Northside Neighborhood and South District (Phase 1). This project was completed in 2017. Based on the information provided in Phase 1, the City decided that developing a form -based code for the South District area (Phase 2) would be most beneficial for the city in the long term since it is a greenfield site with development potential. Due to the analysis already conducted by Opticos, its familiarity with the project area, and expertise in developing form -based regulations, City Council has expressed that Opticos Design is the best firm to complete Phase 2 of the project. Therefore, this project was not competitively bid. Rather, the City Manager approved a sole source procurement request. In addition to the development of the form -based regulations, the scope of Phase 2 includes an assessment of the Riverfront Crossings form -based code, a residential market analysis to better understand market demands for housing development in the South District, development of concept plans for potential development on city -owned property on Ronalds Street, and recommendations for addressing community concerns related larger -scale single-family infill development. The budget for this project is $363,155. A detailed scope of Phase 2 is provided in the attached consultant agreement. ATTACHMENTS: Description Resolution Consultant Agreement 12, Prepared by: Anne Russett, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 Resolution No. 19-14 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND OPTICOS DESIGN, INC. TO PROVIDE CONSULTANT SERVICES FOR THE CREATION OF A FORM -BASED CODE FOR AN AREA IN THE SOUTH DISTRICT OF IOWA CITY. Whereas, the City of Iowa City entered into a consultant agreement with Opticos Design, Inc. in 2017 for the development of the Project Direction Report and Form -based Code Analysis for the Northside Neighborhood and South District area (Phase 1); and Whereas, Phase 1 was completed in 2017; and Whereas, based on the recommendations and conclusions outlined in Phase 1 the City desires to move forward with the development of form -based regulations for an area in the South District of Iowa City (Phase 2); and Whereas, the City used the sole source procurement process to select Opticos Design, Inc. as the consultant due to their familiarity with the project and expertise in form -based codes; and Whereas, the City has negotiated a Consultant Agreement with Opticos Design, Inc. to provide consultant services for Phase 2; and Whereas, it is in the public interest to enter into said Consultant Agreement with Opticos Design, Inc.; and Whereas, the total budget for the project is $363,155; and Whereas, the funds for this project are included in the Fiscal Year 2019 budget. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement. 2. The City Manager is authorized to execute contract amendments that are deemed necessary to complete the above-named project and to administer the terms of the agreement. Passed and approved this 8th day of Janurary 2019. M or .01 Approved by Attest: t M14 ity Clerk City Attorney's Officer y /� Resolution No. 19-14 Page 2 It was moved by Mims adopted, and upon roll call there were: Ayes: and seconded by salih pcdAemplatesllowa City.1550.1.Resoldon-0pSmsFBC-11.14.2018.dmdoc Nays: Absent: the Resolution be Teague Cole Mims Salih Taylor Thomas Throgmorton Page 1 of 13 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 8th day of January 2019, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY, and Opticos Design, Inc. of Berkeley, California, hereinafter referred to as the Consultant. WHEREAS, the City retained Consultant's services in January 2017 to develop a project direction report and form -based code analysis that reviewed the Northside Neighborhood and the South District Plan Area and assess the feasibility of the development of form -based regulations for these areas (Phase 1), and; WHEREAS, Consultant completed the project direction report in August 2017, and WHEREAS, based on the recommendations in the project direction report, Council now desires to move forward with the development of a form -based code for the South District and building on the concepts for the city -owned property on Ronalds Street (Phase 2), and; WHEREAS, Consultant has a national reputation for being at the forefront of rethinking the zoning system so that it effectively responds to the shifting market demands, household demographics, and the desire for community character, and has drafted some of the most challenging and innovative code projects in the country; and WHEREAS, Consultant has received local and national recognition from the Form -Based codes Institute, the Congress for New Urbanism, and APA, and widespread recognition for its urban design and architecture projects, having developed the Missing Middle Housing concept; and WHEREAS, the City desires Consultant to assess the Riverfront Crossings Form -Based Code to inform the preparation of the South District Form -Based Code; to draft a South District Form -Based Code to implement the City's comprehensive plan and the South District Plan; to conduct a Residential Market Study to understand market demands for housing development; and to develop concept plans for potential developments on the city -owned Ronalds Street property and recommendations for addressing community concerns regarding large-scale single-family residential in -fill development; and WHEREAS, it is in the public interest to retain Consultant to perform these services due to its familiarity with the project and expertise in developing form -based development standards, and; NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the CITY, and to do so in a timely manner consistent with that degree of care and skill ordinarily practiced by members of the same profession currently practicing under similar circumstances. Task A: Assessment of Existing Riverfront Crossings Form -Based Code: Goal: Understand the tools used in the existing Riverfront Crossings Form -Based Code and how to best integrate new zone districts using a similar format and approach. In addition, identify areas, if any, for Page 2 of 13 modifications of code language and approach to the code and/or Regulating Plan. Review content for clarity, usability, effectiveness and internal consistency. Task A.1 Review existing Riverfrom Crossings Form -Based Code and a staff -prepared summary of comments from stakeholder focus groups to identify recommended modifications to the code and/or Regulating Plan and explore ways to utilize and/or improve on the format and approach for the South District Form -Based Code. This will include a review of the administration procedures and design review requirements to identify revisions and/or new approaches that can be standardized in the South District Form -Based Code. Task A.2 Draft Assessment Memo. Prepare and submit a memo highlighting opportunities if any, for modifications to the code. Task A.3 Final Assessment Memo. Revise memo based on a single set of consolidated comments from Iowa City staff. Memo will be presented to Iowa City staff during the Phase 2 Kick-off trip. Consultant Deliverables: Deliverable A.1: Draft marked up PDF of the existing Riverfront Crossings Form -Base Code and Draft Assessment Memo identifying areas, if any, for modifications of code and recommendations for standardizing code administration, form -based regulations and regulating plan(s). Deliverable AM Final marked up PDF of the existing Riverfront Crossings Form -Based Code and Final Assessment Memo that incorporates feedback from City staff. City Deliverable: Deliverable A.3: Consolidated, non -contradictory set of comments on Draft Assessment Memo. Gather stakeholder feedback regarding the Riverfront Crossings form -Based Code, provide summary of comments to Consultant. Task B: Trip 1: Phase 2 Kick -off - Task B.1 Trip l: Phase 2 Kick-off. Consultant team to travel to Iowa City to meet with staff. The team shall be comprised of two people from Opticos Design and one representative from the sub -consultant utilized for Task C. Team will tour the South District and meet with City Staff and various stakeholders identified by City Staff. Consultant shall be prepared to discuss: • Riverfront Crossing Form -Based Code assessment. (Task A.2.) • Options for the South District Form -Based Code document template and style sheet. Consultant Deliverables: Deliverable B.1: Presentation of the final assessment of the Riverfrom Crossing Form -Based Code to staff, as discussed in Task A.3., and options for the South District Form -Based Code document template, including a table of contents, and Style Sheet. Page 3 of 13 City Deliverable: Deliverable B.2: Key City staff attendance at scheduled meetings. Deliverable B.3: Selection of option for South District Form -Based Code document template; Consolidated, non -contradictory comments on Style Sheet. Deliverable BA: Accurate base map identifying the extent of the South District Form -Based Code boundaries and up-to-date parcel boundaries. Task C: Residential Market Potential: Goal: Determine the depth and breadth of the potential market for new rental and for -sale dwelling units, to be added through new construction, within the Iowa City South District, situated east of the Iowa River, and south of Highway 6 in Iowa City, Johnson County, Iowa. For this analysis, research and analyze market activity and geo-demographic data relating to Iowa City and the South District. The determination of the market potential for new rental and for -sale dwelling units in the District will be based on the housing preferences and economic capabilities of the target households, the existing conditions and characteristics of the District, as well as the objectives of the client. Consultant may utilize the services of a sub -consultant for this task. Task C.1 Project Initiation Task C.1.1 Data Collection. The client will provide base maps of the Iowa City South District and any previous relevant studies in advance of and/or during the site visit. Task C.1.2 Site Visit/Kick-Off Meeting/Interviews. As part of Trip 1, Phase 2 Kick-off trip, attend a kick-off meeting during the site visit to review the objectives of the study and the methodology to be employed in the analysis and meet with various stakeholders as arranged by the City. Task C.1.3 Study Area Evaluation. Evaluate the characteristics, constraints and opportunities of the South District and its potential for new residential development. Residential Opportunities will be assessed based on: a. The physical character of the District; b. Identified buildings/sites that represent opportunities for new Development of all types; c. Existing and potential amenities, including availability of (proximity to) Employment, retail, transportation, and institutions, among other Community amenities in or near the District; and d. The potential position of the South District within the housing market context. e. The narrative of the recently adopted South District Comprehensive Plan Task C.2 Market Analysis Task C.2.1 Market Potential: Target Market Analysis. To achieve the study objectives and establish the framework for analysis, employ proprietary residential target market methodology. In contrast to conventional supply/demand analysis—which is based on supply-side dynamics and baseline demographic projections—target market analysis establishes the optimum market position for new housing based on the housing and lifestyle preferences and financial capabilities of households in the draw areas that have the potential to move within or to the city and study area. Page 4 of 13 Task C.2.1.1 Draw Area Delineation. Determine the appropriate draw areas for housing within the South District, based on historic settlement patterns, migration and mobility trends, and other market dynamics. The data will cover the most recent five-year period for which the Internal Revenue Service has released information. Task C.2.1.2 Determination of Market Potential. Determine the depth and breadth of the potential market for the city of Iowa City and the South District—including rehabilitation/renovation or adaptive re -use of existing structures as well as new construction—through target market analysis of households in the draw areas, as follows: a. Current year household classification by market group within the draw areas. b. Qualification and filtering of the draw area households by relevant criteria including, among others, housing and neighborhood preferences and household mobility rates. c. Identification of those households within the draw areas with the potential to move within or to the city of Iowa City and to the South District over the next five years. The potential market will be correlated by household group (empty-nesters/retirees, traditional and non-traditional families, younger singles/couples); by tenure (rental and ownership); by income (below 30 percent AMI, between 30 and 60 percent AMI, between 60 and 80 percent AMI, between 80 and 100 percent AMI, and above 100 percent AMI, or as specified by the City); and by housing type (e.g. multi -family for -rent and for -sale (lofts/apartments), single-family attached (rowhouses/townhouses/live-work); single-family detached). Task C.2.1.3 The Current Context: Supply -Side Analysis. Analysis of the current context, including information on relevant for -sale developments and relevant rental communities. Information will be provided as follows: a. Summary of relevant market -rate rental multi -family properties in the Iowa City market area: building type, unit sizes and bedroom count, rents, amenities and occupancy rates, as available. b. Summary of relevant new market -rate for -sale properties, if any, in the market area: building type, unit sizes and bedroom count, prices, amenities and sales, as available. If there are no such properties, individual units listed through Multiple Listing Service will be compiled. Task C.3 Conclusions and Recommendations Task C.3.1 Determination of Optimum Market Position. Target market data and supply-side data, as well as existing conditions, constraints and opportunities of the study area will be correlated and analyzed in order to determine the optimum market position for the Iowa City South District. The optimum market position will cover the following, derived from target household housing and lifestyle preferences and financial capabilities: • Tenure (rentaVownership) and mix of housing types (multi -family for -rent; multi -family for -sale; single-family attached; single-family detached), by affordability (below 30 percent AMI, between 30 and 60 percent AMI, between 60 and 80 percent AMI, between 80 and 100 percent AMI, and above 100 percent AMI, or thresholds otherwise specified by the City) and by lifestage (empty- nesters/retirees, traditional and non-traditional families, younger singles/couples); a. Housing types appropriate within the South District; Page 5 of 13 b. The appropriate mix of mixed -income, rental and ownership units, based on target market tenure preferences and financial capabilities; c. Unit sizes and configurations preferred by the potential market; d. Market -entry base rent ranges (for market -rate rental units); e. Market -entry base price ranges (for market -rate ownership units); f. Appropriate unit amenities; and g. Annual market capture by value (price and rent) range, over five years (absorption forecasts). Market capture is based on ZimmermanNolk Associates' capture rate methodology and is derived by dividing the annual forecast absorption by the number of households that have the potential to move to the area in a given year. These housing type-specific capture rates are within the parameters required for feasible development. In addition, the study will provide recommendations for property amenities and/or facilities that will enhance the marketability and overall absorption of new units developed within the district. The study will also contain: a. An appendix containing all statistical and target market data. b. An appendix containing detailed descriptions of target market renters and buyers. Task CA Publication of Findings Task C.4.1 Delivery of the draft study to staff. Task C.4.2 Stakeholder input. Consultant's sub -consultant will present initial findings of the draft market study during Trip 2 (Task D.7) Tack C.4.3 Delivery of the Final Study to staff Consultant Deliverables: Deliverable C.1: Draft of the market analysis, including text and all appendices in PDF format for review by City staff prior to publication. Deliverable C.2: Materials to present initial findings of the draft market study. Deliverable C.3: Complete final study, including text and all appendices, will be provided in print compatible Adobe Portable Document File (.pdf) format for unlimited reproduction. City Deliverables: Deliverable CA: Consolidated, non -contradictory set of comments on Draft Market Analysis Deliverable C.5: Scheduling of stakeholder outreach discussions and location(s) for the meeting(s) Deliverable C.6: Key city staff attendance at scheduled meetings. Page 6 of 13 Task D: South District Form -Based Code: Goal: Develop form -based regulations and an associated regulating plan that includes a set of traditional neighborhood design standards for walkable neighborhoods to enable the making of new blocks, thoroughfares and individual lots. The form -based regulations will be applied to the South District; however, the goal is to ensure that these regulations can be replicated, adjusted, and utilized in other areas across the City. Task D.I Template. Prepare a template set of pages for review with staff. Template pages will provide a preview of the way that the form based code standards will be presented. This step allows for staff to gain an understanding and provide feedback on the layout of the new standards. Task D.2 Style Sheet. Prepare a style sheet for review with staff. The style sheet will include rules for capitalization, references, use of bullets and numbering systems in the code and other items to standardize in the code. This document will be reviewed by planning staff and the city's legal department prior to code preparation. Task D.3 Framework. Prepare an overall framework for the palette of zone districts that are being considered. Early in the code creation process, the zone standards will not be in the final layout form but presented in an overall table with all zones listed. Early stages of this table and standards will be more generalized and further refined as the standards are further developed and adjusted. Task DA Trip 2: Review and Discuss Code Framework and the draft market study with Staff. Two people from Opticos Design will travel to Iowa City for 1 -day to discuss the draft code framework. Laurie Volk, Principal, from Zimmerman Volk will attend to present initial findings on the draft market study. Task D.5 Administrative Draft FBC. Prepare draft form -based code for internal review by Iowa City staff. The document will beat approximately 80 percent completeness in layout, format, and standards may still need further calibration. Other options/approaches for specific topics or areas of the code may be presented. Task D.6 South District studies and Analysis. Prepare diagrams and sketches of a minimum of three development alternatives for the South District. Such alternatives shall include street layout, public open space, land uses and mix of housing types. These alternatives will inform the form -based code standards and the regulating plan for the South District. Task D.7 Trip 3: Present South District Design Concepts and the Administrative Draft to Iowa City staff. Present design concepts to staff and stakeholders. In addition, the Consultant will present to staff the Administrative Draft of the form -based code and regulating plan. Contents of the draft shall include only the following sections to be added to Iowa City Code Title 14 "Zoning Code": • Land Uses • Accessory uses and specific to use standards • Nonconforming uses, structures, and/or lots • Dimensional and design standards • Walkable Blocks and Streets • Public streets and infrastructure. The code will not provide standards for storm water management. • Parking • Open Space Page 7 of 13 • Sign Regulations • Frontage Types • Building Types • Fagade Articulation • Code Definitions for terms of art used in the Administrative Draft not already defined in the City's zoning code. • Landscaping Standards. The landscape standards to be provided address parking area design and landscaping and do not include standards for parkways, medians, irrigation, plant species, maintenance, open space landscaping or other such details. This project scope and the associated fee and timeline are based upon the use of one of Opticos' standard templates in terms of layout, fonts, font sizes and overall organization. This may include items that are likely different from the City's existing zoning code. Notwithstanding the foregoing, use tables shall be based on three levels of permitting: Permitted uses, Provisional uses and Special Exception uses. The City may request changes to the arrangement of the code sections in its review of the draft table of contents and selection of code template prior to preparation of the Administrative Draft. If such requests are made after delivery of the Administrative Draft, such work shall be considered an Additional Service performed in accordance with Section II below. Task D.8 Receive and Review Comments from Iowa City staff. Review a consolidated set of non - conflicting comments from Iowa City staff. Consultant will participate in a conference call to review any comments that need further discussion. Task D.9 Public Review Draft FBC. Draft for public discussion. Prepare the 100% draft in final layout, with the standards calibrated for Iowa City and the direction from staff from review of the development alternatives in Task D.6. Task D.10 Trip 4: Stakeholder Input. One person from Opticos Design will conduct half a day of stakeholder meetings and half a day of meetings with staff to gather feedback on the Public Review Draft. Task D.12 Trip 5: Present Adoption Draft to the Planning and Zoning Commission. One person from Opticos Design will present to the Planning and Zoning Commission. Opticos will conduct staff training on the South District Form -Based Codes. Task D.13 Trip 6: Present Adoption Draft to City Council. One person from Opticos Design will present to City Council. Consultant Deliverables: Deliverable D.1: Draft a minimum of three development alternatives for the South District form - based regulations for City staff comments and feedback. Deliverable D.2: Final development alternatives for the South District form -based regulations that incorporate staff comments. Deliverable D.3: Administrative draft Form -Based Code, to include the text and the regulating plan, for City staff review (80% standards, includes questions and options for staff). Page 8 of 13 Deliverable DA: Public review draft Form -Based Code, to include the text and regulating plan in In -Design editable format and a Word file export, that includes feedback from City staff for release to the public (100% standards calibrated for Iowa City with staff approval). Deliverable D.5: Prepare presentation and present the Adoption Draft to the Planning and Zoning Commission. Deliverable D.6: Prepare presentation and present the Adoption Draft to the City Council. City Deliverables: Deliverable D.7: Key city staff attendance at scheduled meetings. Deliverable D.8: Consolidated, non -contradictory set of comments and direction for development alternatives, and various drafts of the Form -Based Code. Edit the Public Review Draft to create the Adoption Draft, and any further amendments that may be necessary arising from the adoption process. Deliverable D.9: Scheduling of meetings with stakeholders, the Planning and Zoning Commission and the City Council. Task E: Ronalds Street Pilot Project & over -sized sinele-family in -fill development: The consultant will build upon the work completed in Phase 1 regarding the City -owned lot on Ronalds Street and based on direction from staff, the consultant will prepare two concept plans for potential developments on the Ronalds Street property. The concept plans will identify what changes to the existing code would be necessary in order to achieve the desired development. The consultant will present the concepts to staff for staff's feedback and selection of a preferred option. The consultant will refine and further develop the preferred option and prepare an illustrative perspective to be presented in PowerPoint. The consultant shall examine and make code and policy recommendations to address recent community concerns related to over -sized single-family in -fill development. Consultant Deliverables: Deliverable E.1: Development of two concept plans for potential developments on the Ronalds Street property, including the identification of zoning code changes necessary to achieve the concepts. Deliverable E.2: Refinement and further development of one concept plan, based on feedback from City staff, and an illustrative perspective. Deliverable E.3: Code and policy recommendations for addressing community concerns related to over -sized single-family in -fill development. Task F: Proiect Manasement: Consultant will participate in up to 25 bi-weekly phone calls with City staff to communicate on the following: progress of work, upcoming work, meetings, needs for information, schedule and budget. Page 9 of 13 Opticos shall provide project management throughout the process to help keep the project on schedule and on budget. In order to do this effectively and within the agreed upon scope of work and budget, the Consultant is relying upon clear and timely communication from City staff. Deliverables that require review and editing by the City staff shall be provided to the City in an editable format (i.e. editable PDF). Final deliverables of the South District Form -Based Code shall be provided in PDF along with editable electronic files in Adobe InDesign. All GIS files, graphics, illustrations, and presentation associated with final completion of the tasks and deliverables listed below shall be provided to the City. The City is responsible for all public outreach and marketing, including for public meetings, and any project web site, as well as planning any and all meetings or workshops at its expense. City will provide comments on Consultant's deliverables within two (2) weeks of receiving the deliverable, unless otherwise specified in this Agreement. It is anticipated that it will take the City five (5) weeks to review the Administrative Draft (Task D.5) and the Public Review Draft FBC (Task D.9). The final dates for all Consultant visits shall be set at least four (4) weeks in advance. If any dates are not set or changed by the City within four (4) weeks of the meeting, the Consultant will make its best efforts to attend, but cannot guarantee attendance. Any change in the meeting schedule to accommodate Consultant's schedule or travel delays due to inclement weather shall not be deemed an amendment to the Time of Completion schedule set forth in Section III below. Each satisfactory Consultant deliverable to the City shall be considered the final version of that deliverable. II. ADDITIONAL SERVICES The following services are not included in the above-described Scope of Services, but may be performed by Consultant upon request by the City: 1. Major revisions to the Administrative Draft, prepared pursuant to Task D.5 and presented pursuant to Task D.7, including reformatting with different fonts or to a different page design layout. 2. Assistance from a transportation engineer sub -consultant regarding thoroughfare type -standards. 3. Assist City Staff efforts to edit and prepare the Adoption Draft, including: a. Receive and review comments from Iowa City staff. Participate in a 1 -hour conference call to review any comments that need further discussion. b. Illustration Edits c. Assistance with code language 4. Amendments to final deliverables deemed satisfactory to the City. III. TIME OF COMPLETION The following is an anticipated schedule for the contract period. The City reserves the right to modify this schedule. Consultant represents that it is relying upon the City `s commitment to hire it for the services described in this Agreement and has dedicated staff and resources to completing those services. To mitigate the impact of delays on Consultant's operations, the City will endeavor to adhere to this Page 10 of 13 anticipated schedule to the extent it is able given its staffing levels. In the event that material modifications to this anticipated schedule become necessary, this agreement may be amended in writing executed by both parties. Consultant shall not be held responsible for delays caused by factors beyond Consultant's reasonable control, including but not limited to failure of performance by City or City's other consultants. Contract Award: January 2019 Contract Period: February 2019 - January 2020 Project Kick-off: February 2019 Trip 1: March 2019 Market Conclusions and Recommendations: April 2019 Market Findings: May 2019 Trip 2: June 2019 Administrative Draft FBC: July 2019 Trip 3: September 2019 Public Review Draft FBC: October 2019 Trip 4: November 2019 Adoption Draft FBC: December 2019 IV. COMPENSATION FOR SERVICES Consultant shall be compensated on a monthly percentage -complete basis for performing the Scope of Services described in Section 1 above, including expenses, as follows. Consultant's invoices shall identify the percentage complete and remaining for each task. Task A. Assessment of Existing Riverfront Crossings Form -Based Code $23,930 Task B. Phase 2 Kick -Off Trip $20,030 Task C. Residential Market Potential $35,410 Task D. South District Form -Based Code $232,165 Task E. Ronald Street Pilot Project & In -fill Development $10,800 Task F. Project Management $40.820 Total (including expenses): $363,155 Consultant shall be compensated for any Additional Services, described in Section II above, performed for a fee not to exceed $21,845, calculated according to the hourly rate sheet attached hereto as Exhibit A and incorporated herein by this reference. V. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. Page 11 of 13 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the amount of $363,155 plus up to an additional $21,845 for Additional Services. The City may terminate this Agreement upon thirty (30) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be made without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the CITY for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the CITY that all records and files pertaining to information needed by the Consultant for the project shall be available by said CITY upon reasonable request to the Consultant. The CITY agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the CITY, copies of all completed or in -progress deliverables and their supporting files, prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the CITY's use of such documents on other projects. These documents shall become the property of the CITY. The Consultant shall be allowed to keep reproducible copies for the Consultant's own use. H. The CITY agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the CITY to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the CITY. Page 12 of 13 K. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a CITY officer or employee from having an interest in a contract with the CITY, and certifies that no employee or officer of the CITY, which includes members of the City Council and CITY boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. L. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the CITY in the sum of $1,000,000. M. No modifications to the Scope of Services or other contract terms can be made without the written consent of both parties. For purposes of this clause, e-mail is to be considered a writing. Authority to approve changes on behalf of the CITY is vested solely with the City Manager, unless the City Manager delegates that authority to another named CITY employee in writing. N. Consultant shall indemnify and hold harmless the City of Iowa City and its officers, employees and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) to the extent liability results from, arises out of, or is incurred by Consultant's negligence, gross negligence, or knowing or willful misconduct, or any, license, patent, or copyright infringement claim rising out of or resulting from Consultant's operations under this Contract. Consultant is not, and shall not be deemed to be, an agent or employee of the City of Iowa City. Responsibility for Damage Claims - It is specifically agreed between the parties executing this contract that it is not intended by any of the provisions of any part of the contract documents to create in the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this contract. It is understood that no subcontractor is a third party beneficiary to any contract between the City and Consultant. Nothing in any special provision or any supplemental specification shall be construed as eliminating or superseding the requirements of this section. Consultant further agrees to: a. Save the City, its agents and employees harmless from liability of any nature or kind for the use of any copy -right or non -copyright composition, secret process, license, furnished or used in the performance of the contract. b. Obtain all permits and licenses required by city, state and federal governments and pay all related fees. Consultant shall also comply with all laws, ordinances, rules and regulations of the City, State of Iowa and the Federal Government. VI. MISCELLANEOUS A. It is finther agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. Page 13 of 13 B. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. FOR THE C C By: Jim gmorton, Mayor FORTHECONSULTANT By: aA,- Date: 1/8/19 Date: i9 ATTEST: . uO/KellieFrueliling, City Clerk - ==*—S-70-4flice OPTK05 Exhibit A: Hourly Rates Position Hourly Rata Principal $289 Senior Associate $221 Associate $193 Senior Designer $176 Designer $160 Admin $105 Rates subject to increase by five percent (5%) on January 1 of each calendar year Opticos Design, Inc. , 2100 Milvia St, Ste 12.5, Berkeley, CA 94704 , 510.558.6957 j upticosdcsign.cum Late Handouts Distributedl 2 - Prepared Prepared by: Anne Russett, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 Resolution No. (Date) 1 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND OPTICOS DESIGN, INC. TO PROVIDE CONSULTANT SERVICES FOR THE CREATION OF A FORM -BASED CODE FOR AN AREA IN THE SOUTH DISTRICT OF IOWA CITY. Whereas, the City of Iowa City entered into a consultant agreement with Opticos Design, Inc. in 2017 for the development of the Project Direction Report and Form -based Code Analysis for the Northside Neighborhood and South District area (Phase 1); and Whereas, Phase 1 was completed Whereas, based on the move forward with the c Iowa City (Phase 2); and 2017; and Whereas, the City used the sole source consultant due to their familiarity with the Whereas, the City has negotiated a consultant services for Phase 2; and ns and conclusions outlined/n Phase 1 the City desires to form -based regulations for/6n area in the South District of Whereas, it is in the public interest to enter into and Whereas, the total budget for the project is �ment process fo select Opticos Design, Inc. as the and expertise/in form -based codes; and and with Opticos Design, Inc. to provide Agreement with Opticos Design, Inc.; Whereas, the funds for this project are includli(d in the`fiscal Year 2019 budget. Now, therefore, be it resolved by the CityAouncil of the (City of Iowa City, Iowa, that: 1. The Mayor and City Clerk die hereby authorize and directed to execute the attached Consultant Agreement. 2. The City Manager is authorized to execute contract a ndments that are deemed necessary to complete the above-named project and to administer a terms of the agreement. Passed and approved this day of 20_ Mayor Approved by !6t a p1 City Clerk City Attorney's Office c y // 7 Late Handouts Distributed I (Date) CONSULTANT AGREEMENT Page 1 of 13 THIS AGREEMENT, made and entered into this day of , 2018, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY, and Opticos Design, Inc. of Berkeley, California, hereinafter referred to as the Consultant. WHEREAS, the City retained Consultant's services in January 2017 to develop a project direction report and form -based code analysis that reviewed the Northside Neighborhood'ad the South District Plan Area and assess the feasibility of the development of form -based regulations fortha areas (Phase 1), and; WHEREAS, the project direction report in August WHEREAS, based on the rxommendations in the project direction forward with the development Xa form -based code for the South Di the city -owned property on Ronal Street (Phase 2), and; WHEREAS, Consultant has a national1Y utation for being at the so that it effectively responds to the shiftr market demands, he community character, and has drafted sora f the most challer country; and WHEREAS, Consultant has received local and natio reco 0 Congress for New Urbanism, and APA, and widespre rec gni 7, and t, Council now desires to move and building on the concepts for font of rethinking the zoning system rld demographics, and the desire for and innovative code projects in the from the Form -Based codes Institute, the on for its urban design and architecture projects, having developed the Missing Middle Housing cWr ept; and WHEREAS, the City desires Consultant to assess the Ri erfro t Crossings Form -Based Code to inform the preparation of the South District Form -Based Code; to ft a So District Form -Based Code to implement the City's comprehensive plan and the South Dis ct Plan; to nduct a Residential Market Study to understand market demands for housing develo went; and to elop concept plans for potential developments on the city -owned Ronalds Street p perty and recomm tions for addressing community concerns regarding large-scale single-family resi tial in -fill development; d WHEREAS, it is in the public interest to retain onsultant to perform these servi due to its familiarity with the project and expertise in developing form- ed development standards, and; NOW THEREFORE, it is agreed by and Consultant to provide services as set for I. SCOPE OF SERVICES Consultant agrees to perform the with that degree of care and skill under similar circumstances. the parties hereto that the CITY does hpw contract with the services for the CITY, and to do so in a timely manner consistent practiced by members of the same profession currently practicing Task A: Assessment of Existing Riverfront Crossings Form -Based Code: Goal: Understand the tools used in the existing River&ont Crossings Form -Based Code and how to best integrate new zone districts using a similar format and approach. In addition, identify areas, if any, for Page 2 of 13 modifications of code language and approach to the code and/or Regulating Plan. Review content for clarity, usability, effectiveness and internal consistency. Task A.1 Review existing Riverfront Crossings Form -Based Code and a staff -prepared summary of comments from stakeholder focus groups to identify recoended modifications to the code and/or Regulating Plan and explore ways to utilize and/or improve o the format and approach for the South District Form -Based Code. This will include a review of the dministration procedures and design review requirements to identify revisions and/or new approache that can be standardized in the South District Form -Based Co e. Task A.2 Draft Assessment emo. Prepare and submit a mem highlighting opportunities if any, for modifications to the code. Task A.3 Final Assessment Mem Revise memo based on a s' gle set of consolidated comments from Iowa City staff. Memo will be prese ted to Iowa City staffTdc g the Phase 2 Kick-off trip. Consultant Deliverables: Deliverable A.1: Draft marked up PDF the existingfront Crossings Form -Base Code and Draft Assessment Memo identifyingif any, for modifications of code and recommendations for stan rdizing cdministration, form -based regulations and regulating plan(s). Deliverable A.2: Final marked up PDF of the 4 Final Assessment Memo that City Deliverable: Deliverable A.3: Consolidated, non -contradictory Gather stakeholder feedback rega provide summary of comments y Task B: Trip 1: Phase 2 Kick-off: Task B.I Trip 1: Phase 2 Kick-off. Consultant t shall be comprised of two people from Opticos utilized for Task C. Team will tour the South Di identified by City Staff. Consultant shall be prepared to discuss: • Riverfront Crossing Form -Based • Options for the South District F� Consultant Deliverables: g Riverfront Crossings Form -Based Code and Orates feedback from City staff. 4et of caTments on Draft Assessment Memo. ding the erfront Crossings form -Based Code, Consultant. to travel to Iowa Cit ign and one represen t and meet with City assessment. (Task A.2.) meet with staff. The team ((e from the sub -consultant Ind various stakeholders Code document template and style Deliverable B.1: Presentation of the final assessment of the Riverfront Crossing Form -Based Code to staff, as discussed in Task A.3., and options for the South District Form -Based Code document template, including a table of contents, and Style Sheet. Page 3 of 13 City Deliverable: Deliverable B.2: Key City staff attendance at scheduled meetings. Deliverable B.3: Selection of option for South District Form -Based Code document template; Consolidated, non -contradictory comments on Style Sheet. Deliverable BA: Accurate base map identifying the extent of the South District Form -Based Code boundaries and up-to-date parcel boundaries. Task C: Residential Market Potential: 1 Goal: Determine the dep and breadth of the potential market for ew rental and for -sale dwelling units, to be added through w construction, within the Iowa City S nth District, situated east of the Iowa River, and south of Hi ay 6 in Iowa City, Johnson County, owa. For this analysis, research and ana3Xze market activity and geo-de ographic data relating to Iowa City and the South District. The determi tion of the market potential lior new rental and for -sale dwelling units in the District will be based on bkhousing preferences anf economic capabilities of the target households, the existing conditions and aracteristics of the Di trict, as well as the objectives of the client. Consultant may utilize the services bf a sub -consultant fok this task. Task C.1 Project Initiation Task C.1.1 Data Collection. The client will pro de base inaps of the Iowa City South District and any previous relevant studies in advance of and/o\durinA the site visit. Task C.1.2 Site Visit/Kick-Off Meeting/Interviews. A part of Trip 1, Phase 2 Kick-off trip, attend a kick-off meeting during the site visit to review the b' dives of the study and the methodology to be employed in the analysis and meet with variou stak\oIdersas arranged by the City. Task C.1.3 Study Area Evaluation. Evaluate the ch acteristraints and opportunities of the South District and its potential for new residenti develoesidential Opportunities will be assessed based on: a. The physical character of the Dist b. Identified buildings/sites that repn c. Existing and potential amenities, retail, transportation, and institu District; and d. The potential position of the utl e. The narrative of the recently adoui Task C.2 Market Analysis opportunities for new De lopment of all types; uding availability of (prox' ity to) Employment, among other Community ame ides in or near the District within the housing market cm ;d South District Comprehensive Plan Task C.2.1 Market Potential:yarget Market Analysis. To achieve the study objectives and establish the framework for analysis, employ proprietary residential target market methodology. In contrast to conventional supply/demand analysis—which is based on supply-side dynamics and baseline demographic projections—target market analysis establishes the optimum market position for new housing based on the housing and lifestyle preferences and financial capabilities of households in the draw areas that have the potential to move within or to the city and study area. Page 4 of 13 Task C.2.1.1 Draw Area Delineation. Determine the appropriate draw areas for housing within the South District, based on historic settlement patterns, migration and mobility trends, and other market dynamics. The data will cover the most recent five-year period for which the Internal Revenue Service has released information. Task C.2.1.2 Determination of Market Potential. Det 'ne the depth and breadth of the potential market for th city of Iowa City and the South District including rehabilitation/renovation or adaptive re -us of existing structures as well as new cons ction—through target market analysis of households r the draw areas, as follows: a. Current y ar household classification by market g up within the draw areas. b. Qualificari and filtering of the draw area hou eholds by relevant criteria including, among other housing and neighborhood prefere es and household mobility rates. c. Identification those households within the dra areas with the potential to move within or to the city of wa City and to the South Dis ' t over the next five years. The potential market will b correlated by household gr up (empty-nesters/retirees, traditional and non-traditional families, you ter singles/couples); by tenure (rental and ownership); by income (below 30 percent AMI, betwe 30 and 60 per I, between 60 and 80 percent AMI, between 80 and 100 percent AMI, and ab ve 100 percent AM , or as specified by the City); and by housing type (e.g. multi -family for -re and for -sale {lofts/apartments), single-family attached Task C.2.1.3 The Current Context: information on relevant for -sale d be provided as follows: a. Summary of relevant market -rate area: building type, unit sizes and available. b. Summary of relevant new mark building type, unit sizes and beds there are no such properties, indi� be compiled. I/ Task C.3 Conclusions and lysis. Analysis of the current context, including relevant rental communities. Information will multi -family properties in the Iowa City market m count, rents, amenities and occupancy rates, as fo sale properties, if any, in the market area: ount, rices, amenities and sales, as available. If units 1 ted through Multiple Listing Service will Task C.3.1 Determination of Optim Market Position. Target arket data and supply-side data, as well as existing conditions, cons aints and opportunities of the tudy area will be correlated and analyzed in order to determine the bptimurn market position for the owa City South District. The optimum market position will c er the following, derived from to et household housing and lifestyle preferences and/beeen capabilities: • Tenure (rental/ownershix of housing types (multi -family for -ren , multi -family for -sale; single-family attached; sily detached), by affordability (below 30 p cent AMI, between 30 and 60 percent AMI, 60 and 80 percent AMI, between 80 and 10 percent AMI, and above 100 percent AMI,holds otherwise specified by the City) and by lifestage (empty- nesters/retirees, traditionn-traditional families, younger singles/couples); a. Housing types appropriate within the South District; Page 5 of 13 b. The appropriate mix of mixed -income, rental and ownership units, based on target market tenure preferences and financial capabilities; c. Unit sizes and configurations preferred by the potential market; d. Market -entry base rent ranges (for market -rate rental units); e. Market -entry base price ranges (for market -rate ownership units); f Appropriate unit amenities; and g. Annual market capture by value (price and rent) range, over five years (absorption forecasts). \ Market capture is by dividing the an] move to the area in required for feasib' In addition, the study will enhance the mark The study will also a. An appendix b. An appendix I on ZimmermanNolk Associates' cz forecast absorption by the number o'. ien year. These housing type-specific provide recommendations for lity and overall absorption of r Task CA Publication of Findings all statistical and target 4etailed descriptions of Task C.4.1 Delivery of the draft study 19 staff. Task C.4.2 Stakeholder input. Consult market study during Trip 2 (Task D.7) Tack C.4.3 Delivery of the Final Study to Consultant Deliverables: rate methodology and is derived eholds that have the potential to re rates are within the parameters amenities and/or facilities that developed within the district. t data. market renters and buyers. will present initial findings of the draft Deliverable C.1: Draft of the market anlysis, includin text and all appendices in PDF format for review by City staff 'or to publication. Deliverable C.2: Materials to prese initial findings of the ft market study. Deliverable C.3: Complete finals dy, including text and all app dices, will be provided in print compatible A be Portable Document File .pdf) format for unlimited reproduction. City Deliverables: Deliverable CA: Consolidajbd, non -contradictory set of comments on Draft Market Analysis Deliverable C.5: Scheduling of stakeholder outreach discussions and location(s) for the meeting(s) Deliverable C.6: Key city staff attendance at scheduled meetings. Page 6 of 13 Task D: South District Form -Based Code: Goal: Develop form -based regulations and an associated regulating plan that includes a set of traditional neighborhood design standards for walkable neighborhoods to enable the making of new blocks, thoroughfares and individual lots. The form -based regulations will be applied to the South District; however, the goal is to ensure that these regulations can be reph ted, adjusted, and utilized in other areas across the City. Task D.1 Template. Prepare a template set of pages for review with s off. Template pages will provide a preview of the way that the orm based code standards will be prese ted. This step allows for staff to gain an understanding and pro 'de feedback on the layout of the new tandards. Task D.2 Style Sheet. Prepare a le sheet for review with staff. The tyle sheet will include rules for capitalization, references, use of ullets and numbering systems " the code and other items to standardize in the code. This doe ent will be reviewed by pl ing staff and the city's legal department prior to code preparation. Task D.3 Framework. Prepare an over framework for the pale of zone districts that are being considered. Early in the code creation pro ess, the zone standards 'll not be in the final layout form but presented in an overall table with all z es listed. Early stages of this table and standards will be more generalized and further refined as the st dards are further d eloped and adjusted. Task DA Trip 2: Review and Discuss Code F ework and the draft market study with Staff. Two people from Opticos Design will travel to Iowa 'ty for 1 -day o discuss the draft code framework. Laurie Volk, Principal, from Zimmerman Volk will tend to pre ent initial findings on the draft market study. Task D.5 Administrative Draft FBC. Prepare draft form- ase code for internal review by Iowa City staff. The document will be at approximately 80 percent co leteness in layout, format, and standards may still need further calibration. Other options/approaches specific topics or areas of the code may be presented. Task D.6 South District studies and Analysis. Prepare di grams d sketches of a minimum of three development alternatives for the South District. Such a ernatives hall include street layout, public open space, land uses and mix of housing types. These alternatives 'I inform the form -based code standards and the regulating plan for the South District Task D.7 Trip 3: Present South District Design Co epts and the Admi 'strative Draft to Iowa City staff. Present design concepts to staff and stakehold rs. In addition, the Co ultant will present to staff the Administrative Draft of the form -based code an regulating plan. Content of the draft shall include only the following sections to be added to Iowa C Code Title 14 "Zoning C de": • Land Uses • Accessory uses and specific to use stan azds \ • Nonconforming uses, structures, and/ lots \\J\ • Dimensional and design standards • Walkable Blocks and Streets • Public streets and infrastructure. The code will not provide standards for storm water management. • Parking • Open Space • Sign Regulations • Frontage Types • Building Types • Fagade Articulation • Code Definitions for City's zoning code. of art used in the Administrative Page 7 of 13 already defined in the • Landscaping Standardslandscape standards to be provided ad ess parking area design and landscaping and do kot include standards for parkways, medians, gation, plant species, nce maintena, open space dscaping or other such details. This project scope and the associa d fee and timeline are based upon the use of one of Opticos' standard templates in terms of layout, onts, font sizes and overall organizatio .This may include items that are likely different from the City's xisting zoning code. Notwithstandin the foregoing, use tables shall be based on three levels of pernri ing: Permitted uses, Provisional es and Special Exception uses. The City may request changes to arrangement of the code sectio sin its review of the draft table of contents and selection of code tem ate prior to preparation of the dministrative Draft. If such requests are made after delivery of the inistrative Draft, such w rk shall be considered an Additional Service performed in accordance 'th Section II below. Task D.8 Receive and Review Comments from own City staff. Re ' w a consolidated set of non - conflicting comments from Iowa City staff. Cons tant will participat in a conference call to review any comments that need further discussion. Task D.9 Public Review Draft FBC. Draft for public dis ussion. Pre are the 100%draft in final layout, with the standards calibrated for Iowa City and the directi from st ff from review of the development alternatives in Task D.6. Task D.10 Trip 4: Stakeholder Input. One person from Optr s Design will conduct half a day of stakeholder meetings and half a day of meetings with staff to ther feedback on the Public Review Draft. Task D.12 Trip 5: Present Adoption Draft to the Planning a d Zom Commission. One person from Opticos Design will present to the Planning and Zonin Commiss n. Opti cos will conduct staff training on the South District Form -Based Codes/elopment Task D.13 Trip 6: Present Adoption Draft to City ne person from pticos Design will present to City Council. Consultant Deliverables: Deliverable D.1: Draft a minimum of three alternatives for th South District form - based regulations for City sents and feedback. Deliverable D.2: Final development altemives for the South District form-bdsed regulations that incorporate staff comme ts. Deliverable D.3: Administrative draft orm-Based Code, to include the text and the regulating plan, for City staff i view (80% standards, includes questions and options for staff). Page 8 of 13 Deliverable DA: Public review draft Form -Based Code, to include the text and regulating plan in In -Design editable format and a Word file export, that includes feedback from City staff for release to the public (100% standards calibrated for Iowa City with staff approval). Deliverable D.5: Deliverable D.6: City Deliverables: Prepare presentation and present the Adoption Draft to the Planning and Zoning Commission. Prepare presentation and present the Deliverable D.7: Key ci\arnisi ndance at scheduled me Deliverable D.8: Conson-contradictory set of cc alternavarious drafts of the For Draft he Adoption Draft, and necessfrom the adoption proce Draft to the City Council. its and direction for development sed Code. Edit the Public Review further amendments that may be Deliverable D.9: Scheduling of me ings with stakeholders, he Planning and Zoning Commission and the City Counct Task E: Ronalds Street Pilot Proiect k o er-sized sin le -f mil in -fill development: The consultant will build upon the work com\achiev Phase regarding the City -owned lot on Ronalds Street and based on direction from staff, thant hay prepare two concept plans for potential developments on the Ronalds Street propercone t plans will identify what changes to the existing code would be necessary in order tohe sired development. The consultant will present the concepts to staff for staff)( feedback and selection of a preferred option. The consultant will refine and further develop the krqrd option and prepare an illustrative perspective to be presented in PowerPoint. The consultant shall examine and make code and F concerns related to over -sized single-family in -fill to address recent community Consultant Deliverables: Deliverable E.1: Development of two cone t plans for potential d elopments on the Ronalds Street property, including a identification of zoning ode changes necessary to achieve the concepts. Deliverable E.2: Refinement and further evelopment of one concept plan, b ed on feedback from City staff, and an illus tive perspective. Deliverable E.3: Code and policy f mmendations for addressing community concerns related to over -sized single -f ily in -fill development. Task F: Proiect Manaeement: Consultant will participate in up to 25 bi-weekly phone calls with City staff to communicate on the following: progress of work, upcoming work, meetings, needs for information, schedule and budget. Page 9 of 13 Opticos shall provide project management throughout the process to help keep the project on schedule and on budget. In order to do this effectively and within the agreed upon scope of work and budget, the Consultant is relying upon clear and timely communication from City staff. Deliverables that require review and editing by the City staff shall be provided to the City in an editable format (i.e. editable PDF). Final deliverables of the South District Form -Based Code shall be provided in PDF along with editable electronic files in Adobe InDesign. All GIS files, graphics, illustrations, and presentation associated with final completion of the tasks and deliverables listed below shall be provided to the City. The City is responsible for all public outreach and marketing,\'including for public meetings, and any project web site, as wol as planning any and all meetings or warkshops at its expense. City will provide co ents on Consultant's deliverables 1 deliverable, unless othe 'se specified in this Agreement. It is (5) weeks to review the A inistrative Draft (Task D.5) and d The final dates for all Consult t visits shall be set at least frit not set or changed by the City 'thin four (4) weeks of the m efforts to attend, but cannot guar ee attendance. Any change Consultant's schedule or travel del s due to inclement w4 the Time of Completion schedule set orth in Section III bel Each satisfactory Consultant deliverable. H. ADDITIONAL SERVICES two (2) weeks of receiving the )ated that it will take the City five lic Review Draft FBC (Task D.9). (4) weeks in advance. If any dates are ting, the Consultant will make its best the meeting schedule to accommodate shall not be deemed an amendment to to the City shall be considered the final version of that The following services are not included in th ab a -d performed by Consultant upon request by Ute City: 1. Major revisions to the Administrative Draft, pre pu to Task D.7, including reformatting with different nts o t 2. Assistance from a transportation engineer sub onsultant 3. Assist City Staff efforts to edit and prepare t e Adoption a. Receive and review comments i review any comments that need b. Illustration Edits c. Assistance with code language 4. Amendments to final deliverables III. TIME OF COMPLETION va City staff. discussion. Scope of Services, but may be uant to Task D.5 and presented pursuant a different page design layout. satisfactory to the City. thoroughfare type -standards. in a 1 -hour conference call to The following is an anticipated schedule for the contract period. The City reserves the right to modify this schedule. Consultant represents that it is relying upon the City `s commitment to hire it for the services described in this Agreement and has dedicated staff and resources to completing those services. To mitigate the impact of delays on Consultant's operations, the City will endeavor to adhere to this Page 10 of 13 anticipated schedule to the extent it is able given its staffing levels. In the event that material modifications to this anticipated schedule become necessary, this agreement maybe amended in writing executed by both parties. Consultant shall not be held responsible for delays caused by factors beyond Consultant's reasonable control, including but not limited to failure of performance by City or City's other consultants. Contract Award: Janu 2019 Contract Period: Feb-- 2019 - January 2020 Project Kick-off: Febru 2019 Trip 1: March 2019 Market Conclusions and Reco endations: April 2019 Market Findings: May 2019 Trip 2: June 2019 Administrative Draft FBC: July 2019 Trip 3: September 2019 Public Review Draft FBC: October 2019 Trip 4: November 2019 Adoption Draft FBC: December 2019 IV. COMPENSATION FOR SERVICES Consultant shall be compensated on a monthly perce tage-cm Services described in Section 1 above, including penes, identify the percentage complete and remaining fo each task. Task A. Assessment of Existing River -Based Task B. Phase 2 Kick -Off Trip Task C. Residential Market Potential Task D. South District Form -Based C Task E. Ronald Street Pilot Project &= Total (including expenses): basis for performing the Scope of ows. Consultant's invoices shall $23,930 $20,030 $35,410 $232,165 $10,800 Consultant shall be compensated for a y Additional Services, described in Section V above, performed for a fee not to exceed $21,845, calcu ted according to the hourly rate sheet attachedbereto as Exhibit A and incorporated herein by this refer nce. V. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. Page 11 of 13 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employm nt because of their race, color, reli ' n, sex, national origin, disability, age, marit 1 status, gender identity, or sexual o"! age, tion. B. Should the City term ate this Agreement, the Consultant s all be paid for all work and services performed up t the time of termination. However, s ch sums shall not be greater than the amount of $363, 5 plus up to an additional $21,845 or Additional Services. The City may terminate this A cement upon thirty (30) calend days' written notice to the Consultant. C. This Agreement shall be bindin upon the successors and assigns of the parties hereto, provided that no assignment shall b\n1 ut the writ n consent of all Parties to said Agreement. D. It is understood and agreed that thee Cons tant by the CITY for the purpose of the Project shall be as an indepenr and s 11 be exclusive, but the Consultant shall have the right to employ such ay b required for the performance of the Project. E. It is agreed by the CITY that all records and files aining to information needed by the Consultant for the project shall be available by sai TY upon reasonable request to the Consultant. The CITY agrees to furnish all reason le a istance in the use of these records and files. F. It is further agreed that no party to this Agreement hall perform ontrary to any state, federal, or local law or any of the ordinances of the City f Iowa City, Io G. The Consultant agrees to furnish, upon tF the CITY, copies of all completed or ii prepared or obtained by the Consultant pi restrictions or limitation as to the use Agreement. In such event, the Consult documents on other projects. These docu Consultant shall be allowed to keep repro H. The CITY agrees to tender the C that failure of the Consultant to shall constitute grounds for the properly complete the Project in I. Should any section of this Agre( shall be deemed severable from Fees paid for securing approval by the CITY. Lion of this Agreeme and upon demand by -ess deliverables and it supporting files, to this Agreement withox cost, and without ve to specific projects co ered under this dl not be liable for the CI 's use of such shall become the property of e CITY. The e copies for the Consultant's o)kn use. ht all fees in a timely manner, except4 however, torily perform in accordance with this Agreement to withhold payment of the amount sufficient to nce with this Agreement. Rt be found invalid, it is agreed that the remaining portion invalid portion and continue in full force and effect. over the Project will be paid Page 12 of 13 K. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a CITY officer or employee from having an interest in a contract with the CITY, and certifies that no employee or officer of the CITY, which includes members of the City Council and CITY boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions said statutory provision enumerated in Section 362.5. L. The Consultant agrees at all times material to this Agr ment to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, err rs and omissions to the CITY in the stun o $1,000,000. M. No modifications t the Scope of Services or other contract erms can be made without the written consent of b th parties. For purposes of this clans , e-mail is to be considered a writing. Authority to prove changes on behalf of the CIT is vested solely with the City Manager, unless the Ci Manager delegates that authority t another named CITY employee in writing. N. Consultant shall indemni and hold harmless the Ci of Iowa City and its officers, employees and agents from and all liability, loss, co , damage, and expense (including reasonable attorney's fees and urt costs) to the extent iability results from, arises out of, or is incurred by Consultant's negligence, gross gligence, or ]mowing or willful misconduct, or any, license, pat t, or copyright ' fringement claim rising out of or resulting from Consultant's operatio s under this Co tract. Consultant is not, and shall not be dee d to be, an agent or employee of the City of Iowa City. Responsibility for Damage Claims - It is spe4 this contract that it is not intended by any i documents to create in the public or any hereunder, or to authorize anyone not a party injuries or property damage pursuant to thi understood that no subcontractor is a third. City and Consultant. Nothing in any specs1 shall be construed as eliminating or supe d �Ily agreed between the parties executing e provisions of any part of the contract ;tuber thereof a third party beneficiary �s contract to maintain a suit for personal MN or provisions of this contract. It is r b eficiary to any contract between the Wisidqor any supplemental specification the re4uirements of this section. Consultant further agrees to: a. Save the City, its agents and emp yees harmless from iability of any nature or kind for the use of any copy -right or ;o cop composit' n, secret process, license, furnished or used in the performan of the contract. b. Obtain all permits and licen s required by city, state and Fede 1 governments and pay all related fees. Consultant all also comply with all laws, dinances, rules and regulations of the City, State f Iowa and the Federal Government. VI. MISCELLANEOUS A. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. Page 13 of 13 B. This Agreement shall be interpreted and enforced in ce with the laws of the State of Iowa Any legal proceeding instituted with respect to ' Agreement shall be brought in a court of competent jurisdiction in Johnson County, In a The parties hereto hereby submit jurisdiction therein and irrevocably wai any objection as to venue therein, �personal uding any argument that such proceeding has brought in an inconvenient forum. FOR THE CITY ATTEST: Kellie Fmehling, City Clerk Approved by: City Attomey's FOR THE CONSULTANT I i.u_ 4& fAA,o UJU Cr -O OPTK05 Exhibit A: Hourly Rates Position Hourly Rate Principal $289 Senior Associate $221 Associate $193 Senior Designer $176 Designer $160 Admin $105 Rates subject to increase by five percent (5%) on January 1 of each calendar year Opticos Design, Inc. , 2100 Milvia St, Sic 125, Berkeley, CA 94704 , .510.558.6957 ; upticusdesign.com Prepared by: Anne Russett, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 Resolution No. RESOLUTIO APPROVING, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE ND THE CITY CLERK TO ATTEST AN AGRE ENT BY AND BETWEEN THE ITY OF IOWA CITY AND OPTICOS DESIGN C. TO PROVIDE CONSULTANT SERVICES FOR THE CREATION OF A FORM- SED CODE FOR AN AREA IN THE SOUT ISTRICT OF IOWA CITY. Whereas, the City of Iowa Ci entered into a consultant agree nt with Opticos Design, Inc. in 2017 for the development of the Pro) ct Direction Report and For ased Code Analysis for the Northside Neighborhood and South District rea (Phase 1); and Whereas, Phase 1 was completed in 017; an/edregulations Whereas, based on the recommendati s ans outlined in Phase 1 the City desires to move forward with the development of f - for an area in the South District of Iowa City (Phase 2); and Whereas, the City used the sole source pAculTment process to select Opticos Design, Inc. as the consultant due to their familiarity with the roject hnd expertise in form -based codes; and Whereas, the City has negotiated Consultant A\reement with Opticos Design, Inc. to provide consultant services for Phase 2; anWhereas, it is in the public inter t to enter into saidtant Agreement with Opticos Design, Inc.; and Whereas, the total budget f9f the project is $363,155; and Whereas, the funds for tis project are included in the Fiscal Ye 2019 budget. Now, therefore, be it res/olved by the City Council of the City of Iowa ity, Iowa, that: 1. The City M n/ager and City Clerk are hereby authorized and di cted to execute the attached Consulta Agreement. 2. The to c' Passed' ✓ Manager is authorized to execute contract amendments t\tare deemed necessary plete the above-named project. approved this day of2 Attest: City Clerk Mayor \ Approved by City Att ney's Office �t )2 THIS AGRI and between Design, Inc. CONSULTANT AGREEMENT made and entered into this day of of Iowa City, a municipal corporation, hereinafter referred to as ley, California, hereinafter referred to as the Consultant. Page 1 of 13 _, 2018, by and Opticos WHEREAS, the Ci etained Consultant's services in January 2017 to develop project direction report and form -based code anal sis that reviewed the Northside Neighborhood and t South District Plan Area and assess the feasibility of\development of form -based regulations for the areas (Phase 1), and; WHEREAS, Consultaned the project direction report in Au st 2017, and WHEREAS, based onmnendations in the project dir tion report, Council now desires to move forward with the devela form -based code for the uth District and building on the concepts for the city -owned properIds Street (Phase 2), and; WHEREAS, Consultant has a nate nal reputation for ing at the forefront of rethinking the zoning system so that it effectively responds to th shifting marke demands, household demographics, and the desire for community character, and has drafte some of t e most challenging and innovative code projects in the country; and WHEREAS, Consultant has received loca d ational recognition from the Form -Based codes Institute, the Congress For New Urbanism, and APA, widespread recognition for its urban design and architectureprojects, having developed the Missing ' d Housing concept; and WHEREAS, the City desires Consuyylt to asse the Riverfront Crossings Fonm-Based Code to inform the preparation of the South Distri//r— r-Based Co ; to draft a South District Form -Based Code to implement the City's comprehensive plad the South D trio Flan; to conduct a Residential Market Study to understand market demandshousing develo cut; and to develop concept plans for potential developments on the city -o d onalds Street prop and recommendations for addressing community concerns regarding large -sea single-family residential r -fill development; and WHEREAS, it is in the p lic interest to retain Consultant t> the project and expertis n developing form -based developn NOW THEREFORE/it is agreed by and between the parties Consultant to Drovidt services as set forth herein. I. SCOPE OF brm these services due to its familiarity with standards, and; that the CITY does now contract with the Consulta/degr es to perform the following services for the CITY, and do so in a timely manner consistent with that of care and skill ordinarily practiced by members ofthme profession currently practicing under simcumstances. Task A:ment of Existing Riverfront Crossings Form -Based Code. Go :Understand the tools used in the existing Riverfront Crossings Form- ased Code and how to best in grate new zone districts using a similar format and approach. In additio identify areas, if any, for Page 2 of 13 modifications of code language and approach to the code and/or Regulating Plan. Review content for clarity, sability, effectiveness and internal consistency. Task A.] eview existing Riverfront Crossings Form -Based Code and a st -prepared summary of comments m stakeholder focus groups to identify recommended in ations to the code and/or Regulating PI and explore ways to utilize and/or improve on the to t and approach for the South District Form- ed Code. This will include a review of the admi stration procedures and design review, requireme s to identify revisions and/or new approaches t t can be standardized in the South District Form -Base ode. Task A.2 Draft Assessnl�nt Memo. Prepare and submit a tgdmo highlighting opportunities if any, for modifications to the code.. / Task A.3 Final Assessment emo. Revise memo bas d on a single set of consolidated comments from Iowa City staff. Memo will be resented to Iowa C' staff during the Phase 2 Kick-off trip. Consultant Deliverables: Deliverable A.1: Draft mark\uPD/Ftbexisting Riverfront Crossings Form -Base Code and Draft Asseifying areas, if any, for modifications of code and recommenizing code administration, form -based regulations and regulat Deliverable A.2: Final marked 145 PDF o the existing Riverfront Crossings Form -Based Code and Final Assess4ent Memo t at incorporates feedback from City staff. City Deliverable: Deliverable A.3: Cc lit non'Contra dicto set of comments on Draft Assessment Memo. Gathe stakeholder feedback regar ing the Riverfront Crossings form -Based Code, prov' a summary of comments to nsultant. Task B: Tri 1: Phas 2 M ck-off: Task B.1 Trip 1: Pha e 2 k -off. Consultant team to travel to Iowa City to meet with staff. The team shall be comprised f two people from Opticos Design and one presentative from the sub -consultant utilized for Task . Team will tour the South District and meet wi City Staff and various stakeholders identified by Ci Staff. Consultant shg(l be prepared to discuss , rfront Crossing Form -Based Code assessment. (Task A.2.) (ions for the South District Form -Based Code document temp' to and style sheet. Deliverables: B.1: Presentation of the final assessment of the Riverfront Cros 'ng Form -Based Code to staff, as discussed in Task A.3., and options for the South istrict Form -Based Code document template, including a table of contents, and S le Sheet. Page 3 of 13 City Deliverable: B.2: Key City staff attendance at scheduled meetings. B.3: Selection of option for South District Form -Based Code ocument template; Consolidated, non -contradictory comments on Style ShepK Deliverable B. Accurate base map identifying the extent of the So h District Form -Based Code boundaries and up-to-date parcel boundaries. Goal: Determine the de th and breadth of the potential m ket for new rental and for -sale dwelling units, to be added throug new construction, within the wa City South District, situated east of the Iowa River, and south of Ht hway 6 in Iowa City, Joh on County, Iowa. For this analysis, research an\alyze market acti ty and geo-demographic data relating to Iowa City and the South District. The don of the arket potential for new rental and for -sale dwelling units in the District will be be hou ' g preferences and economic capabilities of the target households, the existing concha cteristics of the District, as well as the objectives of the client. Consultant may utilizees f a subconsultant for this task. Task C.I Project Initiation Task C.1.1 Data Collection. Th client ll provide base maps of the Iowa City South District and any previous relevant studies ' advance o and/or during the site visit. Task C.1.2 Site VIslt/KICk ff Meeting/Inte 'ews. As part of Trip I, Phase 2 Kick-off trip, attend a kick-off meeting duan the site visit to revi the objectives of the study and the methodology to be employed in thea alysis and meet with va 'ous stakeholders as arranged by the City. Task C.1.3 Study Ar poEvaluation. Evaluate the cha acteristics, constraints and opportunities of the South District and i tential for new residential d\District t. Residential Opportunities will be assessed based on. a. The ph ical character of the District; b. Identi ed buildings/sites that represent oppr new Development of all types; c. Exist g and potential amenities, includingty of (proximity to) Employment, rets' , transportation, and institutions, amommunity amenities in or near the Di tact; and d. T e potential position of the South District using market context. e. he narrative of the recently adopted South rehensive Plan Task C.2 Market Analysis Tas C.2.I Maet tential: Target Market Analysis. To achieve the study objectives and establish the _a .work frkor anPoalysis, employ proprietary residential target marke ethodology. In contrast to onventional supply/demand analysis—which is based on supply-sid dynamics and baseline d ographic projections—target market analysis establishes the optimum rilkrket position for new ousing based on the housing and lifestyle preferences and financial capabili ' s of households in he draw areas that have the potential to move within or to the city and study are Page 4 of 13 Task C.2.1.1 Draw Area Delineation. Determine the appropriate draw areas for using within the South District, based on historic settlement patterns, migration and mobqfy trends, and other market dynamics. The data will cover the most recent five-year pe rio for which the Internal Revenue Service has released information. k C.2.1.2 Determination of Market Potential. Determine the pth and breadth of the potential ma et for the city of Iowa City and the South District—in uding rehabilitation/renovation or adap ere -use of existing structures as well as new const tion—through target market analysis of hou _ olds in the draw areas, as follows: a. C i nt year household classification by mar et group within the draw areas. b. Quali\cit and filtering of the draw a a households by relevant criteria including, amonhousing and neighborhoo preferences and household mobility rates. c. Identiof those households wit ' the draw areas with the potential to move within or to f Iowa City and to the outh District over the next five years. The potential market wil be correlated b rousehold group (empty-nesters/retirees, traditional and non-traditional families, y Unger singl /couples); by tenure (rental and ownership); by income (below 30 percent AMI, be en 30 a 60 percent AMI, between 60 and 80 percent AMI, between 80 and 100 percent AMI, and ove 00 percent AMI, or as specified by the City); and by housing type (e.g. multi -family for-rand for -sale (lofts/apartments), single-family attached (rowhouses/townhouses/live-wo ; single-family detached). Task C.2.1.3 The Current Conxt: Su ly-Side Analysis. Analysis of the current context, including information on relevant for ---"le devel ments and relevant rental communities. Information will be provided as follows: a. Summary of rel vont market -rate r tat multi -family properties in the Iowa City market area: building e, unit sizes and be oom count, rents, amenities and occupancy rates, as available. b. Summary o relevant new market -rate or -sale properties, if any, in the market area: building e, unit sizes and bedroom co t, prices, amenities and sales, as available. If there are o such properties, individual uni listed through Multiple Listing Service will be comp' ed. Task C.3 Conclusions and Recommendations Task C.3.1 Iletermination of Optimum Market Position. Tar t market data and supply-side data, as well as a fisting conditions, constraints and opportunities of t study area will be correlated and analyzed i order to determine the optimum market position fort e Iowa City South District. The optimum narket position will cover the following, derived from arget household housing and lifestyle references and financial capabilities: • Ten e (rental/ownership) and mix of housing types (multi -family for -r t; multi -family for -sale; singl -family attached; single-family detached), by affordability (below 31kpereent AMI, between 30 qhd 60 percent AMI, between 60 and 80 percent AMI, between 80 and 00 percent AMI, and ab#e 100 percent AMI, or thresholds otherwise specified by the City) and y lifestage (empty- sters/retirees, traditional and non-traditional families, younger singles/coupl );. a. Housing types appropriate within the South District; Page 5 of 13 b. The appropriate mix of mixed -income, rental and ownership units, based on target market tenure preferences and financial capabilities; c. Unit sizes and configurations preferred by the potential market; d. Market -entry base rent ranges (for market -rate rental units); e. Market -entry base price ranges (for market -rate ownership units); % Appropriate unit amenities; and g.\Annual market capture by value (price and rent) range, ver five years (absorption Market cap [u is based on ZimmermanNolk Associates' cap re rate methodology and is derived by dividing the num 11 forecast absorption by the number households that have the potential to move to the area i a given year. These housing type -spec' c capture rates are within the parameters required for feasibl development. In addition, the study 'll provide recommendati is for property amenities and/or facilities that will enhance the markets lity and overall abs ion of new units developed within the district. The study will also contain: a. An appendix containing\%I sta/desefipdtions target market data. b. An appendix containing de it of target market renters and buyers. Task CA Publication of Findings Task C.4.1 Delivery of the Task C.4.2 Stakeholderinf market study during Trip 2 Tack C.4.3 Delivery Consultant Deliverables: to D.7) Final Study to staff Deliverable C.1: D aft of the market analysis, including G view by City staff prior to publication. will present initial findings of the draft all appendices in PDF format for Deliverable C.2: / Materials to present initial findings of the draft hiiarket study. Deliverable C.Complete final study, including text and all append'' es, will be provided in print compatible Adobe Portable Document File (.p format for unlimited reproduction. City Deliver bles: Deliverab C.4: Consolidated, non -contradictory set of comments on DraftMa et Analysis C.5: Scheduling of stakeholder outreach discussions and location(s) fotithe meeting(s) C.6: Key city staff attendance at scheduled meetings. Page 6 of 13 Task D: South District Form -Based Code: Goal: Develop form -based regulations and an associated regulating plan that includes 9set of traditional neighborhood design standards for walkable neighborhoods to enable the ma 'd5 of new blocks, thoroughfares and individual lots. The form -based regulations will be applied4o the South District; howe er, the goal is to ensure that these regulations can be replicated, adj ed, and utilized in other areas ac ss the City. Task D. Te late. Prepare a template set of pages for review with aff. Template pages will provide a preview of the ay that the form based code standards will be pr sented. This step allows for staff to gain an understands and provide feedback on the layout of th ew standards. Task D.2 Style Sheet. Pr are a style sheet for review wit toff. The style sheet will include rules for capitalization, references, se of bullets and numberi systems in the code and other items to standardize in the code. T 's document will be rev' wed by planning staff and the city's legal department prior to code prepa tion. Task D.3 Framework. Prepare an overall frameAvork for the palette of zone districts that are being considered. Early in the code treats process he zone standards will not be in the final layout form but presented in an overall table with 11 zo s listed. Early stages of this table and standards will be more generalized and further refined ase tandards are further developed and adjusted. Task DA Trip 2: Review and Discuss o Framework and the draft market study with Staff. Two people from Opticos Design will tra 1 to I wit City for 1 -day to discuss the draft code framework. Laurie Volk, Principal, from Zimn an Vol ill attend to present initial findings on the draft market study. Task D.5 Administrative Draft PBC. Prepare staff. The document will be a approximately 80 perNnt may still need further calibra on. Other options/appro be presented. Task D.6 South Dis/and ies and Analysis. Prepare c development altemr the South District. Such a open space, land usix of housing types. These standards and thereplan for the South District. based code for internal review by Iowa City completeness in layout, format, and standards tes for specific topics or areas of the code may and sketches of a minimum of three ;s shall include street layout, public ves will inform the form -based code Task D.7 Trip 3: resent South District Design Concepts and thel staff. Present des'gn concepts to staff and stakeholders. In addition, the Administrat' e Draft of the form -based code and regulating plan. only the folio ng sections to be added to Iowa City Code Title 14 ` • Land ses • Acc ssory uses and specific to use standards • No conforming uses, structwes, and/or lots • D'mensional and design standards • alkable Blocks and Streets ninistrative Draft to Iowa City Consultant will present to staff ptents of the draft shall include n`ina Code": • /Public streets and infrastructure. The code will not provide standard for storm water / management. • Parking • Open Space Page 7 of 13 • Sign Regulations • Frontage Types • Building Types • Fagade Articulation • Code Definitions for terms of art used in the Administrative Draft not al/plant ty's zoning code. • a scaping Standards. The landscape standards to be provided address anr)\1 dscaping and do not include standards for parkways, medians, irri mamte, nce, open space landscaping or other such details. This project scope d the associated fee and timeline are based upon the se of one of Opticos' standard templates int s of layout, fonts, font sizes and overall organiza n. This may include items that are likely different fr the City's existing zoning code. Notwithsta mg the foregoing, use tables shall be based on three le. Is of permitting: Permitted uses, Provisio al uses and Special Exception uses. The City may request anges to the arrangement of the cod sections prior to delivery of the Administrative Draft. If such r&quests are made after delivery of e Administrative Draft, such work shall be considered an Addition ervice performed in accords a with Section II below. Task D.8 Receive and Review ConuXents from Iowa Citytaff. Review a consolidated set of non - conflicting comments from Iowa Cityff. Consultant w' participate in a conference call to review any comments that need further discussio Task D.9 Public Review Draft FBC. Draft for ublic scussion. Prepare the 100% draft in final layout, with the standards calibrated for Iowa City anda rection from staff from review of the development alternatives in Task D.6. Task D.10 Trip 4: Stakeholder Input. One p rson m Opticos Design will conduct half a day of stakeholder meetings and half a day of me mgs with aff to gather feedback on the Public Review Draft. Task D.12 Trip 5: Present Adoptio/Dft o the Planning an Zoning Commission. One person from Opticos Design will present to thng and Zoning Co mission. Opticos will conduct staff training on the South District Formodes. Task D.13 Trip 6: Present Adn Draft to City Council. One persoOm Opticos Design will present to City Council. Consultant Deliverab/D/aft Deliverable D.1: minimum of three development alternatives for e South Distr ct form - regulations for City staff comments and feedback. Deliverable D.2:/Final development alternatives for the South District form-ba\anptions ions that incorporate staff comments. Deliverabl .3: Administrative draft Form -Based Code, to include the textgulating plan, for City staff review (80% standards, includes questifor staff). Page 8 of 13 Deliverable DA: Public review draft Form -Based Code, to include the text and regulating plan in In -Design editable format and a Word file export, that includes feedback from City staff for release to the public (100% standards calibrated for low _ ity with \Deliverables: aff approval). Deepare presentation and present the Adoption Draft to the arming and Zoning ommission. Derepare presentation and present the Adoption Dr t to the City Council. CiDecity staff attendance at scheduled in tings. Deliverable D.8: Cons lidated, non -contradictory set/f comments and direction for development alterna 'ves, and various drafts of a Form -Based Code. Edit the Public Review Draft to reate the Adoption D ft, and any further amendments that may be necessary rising from the ado ion process. Deliverable D.9: Schedulingo meetings wi stakeholders, the Planning and Zoning Commission and the City C until. The consultant will build upo/fromst o Street and based on directioT,developments on the Ronalropexisting code would be necederThe consultant will present ts toThe consultant will refineerperspective to be presented iint, .eted in Phase 1 regarding the City -owned lot on Ronalds consultant will prepare two concept plans for potential I. The concept plans will identify what changes to the thieve the desired development. The consultant shall exami/e and make code and I concerns related to over- zed single-family in -fill Consultant Deliverable E.1:Development of two concept Street property, including the achieve the concepts. staff s feedback and selection of a preferred option. the preferred option and prepare an illustrative recommendations to address recent community ential developments on the Ronalds of zoning code changes necessary to Deliverable E.1, Refinement and further development of one con pt plan, based on feedback from City staff, and an illustrative perspective. Deliverable .3: Code and policy recommendations for addressing co unity concerns related to over -sized single-family in -fill development. Task F: roiect Management: Consultant will participate in up to 25 bi-weekly phone calls with City staff to cc unicate on the following: progress of work, upcoming work, meetings, needs for information, schedu and budget. Page 9 of 13 Opticos shall provide project management throughout the process to help keep the olect on schedule and on budget. In order to do this effectively and within the agreed upon scop of work and budget, the Consultant is relying upon clear and timely communication from City sta . Deliverables that require review and editing by the City staff shall be pro ded to the City in an editable forma e. editable PDF). Final deliverables of the South District Fon aced Code shall be provided in PDF along ith editable electronic files in Adobe hrDesign. All files, graphics, illustrations, and presentation a ociated with final completion of the tasks and deli rables listed below shall be provided to the City. The City is respo 'ble for all public outreach and marke ng, including for public meetings, and any project web site, as ell as planning any and all meetin or workshops at its expense. City will provide co ents on Consultant's del/ erables within two (2) weeks of receiving the deliverable, unless othe ise specified in this Agr, ement. It is anticipated that it will take the City five (5) weeks to review the A inistrative Draft (T k D.5) and the Public Review Draft FBC (Task D.9). The final dates for all Consu ant visits shall a set at least four (4) weeks in advance. If any dates are not set or changed by the City within four 4) weeks of the meeting, the Consultant will make its best efforts to attend, but cannot gu ntee atte dance. Any change in the meeting schedule to accommodate Consultant's schedule or travel lays a to inclement weather shall not be deemed an amendment to the Time of Completion schedule t f rth in Section III below. Each satisfactory Consultant deli able to the City shall be considered the final version of that deliverable. \ II. ADDITIONAL SERVICES The following services are not included N the above-described Scope of Services, but may be performed by Consultant u on request by the ity: 1. Major revisions to the dministrative Draft, pr ared pursuant to Task D.5 and presented pursuant to Task D.7, including r formatting with different is or to a different page design layout. 2. Assistance from a ansportation engineer sub-consu ant regarding thoroughfare type -standards. 3. Assist City Staff fforts to edit and prepare the Adoptio Draft, including: a. Receive d review comments from Iowa City staff. rticipate in a 1 -hour conference call to review y comments that need further discussion. b. Illustra on Edits c. Assistjnce with code language 4. Amendmints to final deliverables deemed satisfactory to the City. Iii. TIME OF COMPLETION The following is an anticipated schedule for the contract period. The City rese s the right to modify this schedule. Consultant represents that it is relying upon the City `s commitm t to hire it for the services described in this Agreement and has dedicated staff and resources to completXg those services. To mitigate the impact of delays on Consultant's operations, the City will endeavor t dhere to this Page 10 of 13 anticipated schedule to the extent it is able given its staffing levels. In the evpf that material modifications to this anticipated schedule become necessary, this agreeZdnsoultan mended in writing executed by both parties. Consultant shall not be held responsible for delays caused by factors t'sreasonable cbn`trol, including but not limited to failure of performance by City or nsultants. Contract ward: January 2019 Contract Pe 'od: February 2019 -January 2020 Project Kick-off: ebruary 2019 Trip 1: March 2019 Market Conclusions an ecomen Market Findings: May 201 m Trip 2: June 2019 Administrative Draft FBC:\July, Trip 3: September 2019 Public Review Draft FBC: October Trip 4: November 2019 Adoption Draft FBC: December 201 IV. COMPENSATION FOR Consultant shall be cot Services described in identify the percentage Task A. Assessment o Task B. Phase 2 Kick - Task C. Residential M Task D. South District Task E. Ronald Street, Total (including April 20 on a monthly percent3t above, including expe: and remaining for each Riverfront Crossings Potential 1 -Based Code Project & In -fill Development replete basis for performing the Scope of as follows. Consultant's invoices shall Code $23,930 $20,030 \ $35,410 $232,165 $10,800 $363,155 Consultant shall b compensated for any Additional Services, described in Sect n II above, performed for a fee not to ex _ed $21,845, calculated according to the hourly rate sheet attach hereto as Exhibit A and incoihe terein by this reference. V. GETERMS A.Consultant shall not commit any of the following employment practices an grees to bit the following practices in any subcontracts. Page 11 of 13 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. y 2. To discrinilnate against any individual in terms, coedit' ns, or privileges of employment because of their race, color, religion, sex, 2 -nal origin, disability, age, marital status, gender identity, or sexual orientati . Should the City terminate this Agreement, the Consult t shall be paid for all work and services performed up to the time of termination. Ho ver, such sums shall not be greater than the amount of $363,155. The City may to ' ate this Agreement upon thirty (30) calendar days' written notice to the Consultant. C. Th Agreement shall be binding upon the ccessors and assigns of the parties hereto, provi d that no assignment shall be made ithout the written consent of all Parties to said Agree nt. D. It is imders od and agreed that the r ention of the Consultant by the CITY for the purpose ofthe Project hall be as an indepen ent contractor and shall be exclusive, but the Consultant shall have the r ht to employ suc assistance as maybe required for the performance of the Project. E. It is agreed by the TY th all records and files pertaining to information needed by the Consultant for the pr 'ect hall be available by said CITY upon reasonable request to the Consultant. The CITY reel to furnish all reasonable assistance in the use of these records and files. F. It is further agreed t t no pa to this Agreement shall perform contrary to any state, federal, or local law or any f the ordi nces of the City of Iowa City, Iowa. G. The Consultant grew to furnis\orin-progress mination of this Agreement and upon demand by the CITY, co es of all complprogress deliverables and their supporting files, preparedor o tained by the Consuant to this Agreement without cost, and without restrictions r limitation as toelative to specific projects covered under this Agreemen In such event, thet shall not be liable for the CITY's use of such documen on other projects. This shall become the property of the CITY. The Consult t shall be allowed to kuc' le copies for the Consultant's own use. H. The CITY agrees to tender the Consultant all fe in a timely manner, excepting, however, that ihire of the Consultant to satisfactorily per rm in accordance with this Agreement sha constitute grounds for the CITY to withhold ayment of the amount sufficient to pr erly complete the Project in accordance with this reement. Id any section of this Agreement be found invalid, it is kleed that the remaining portion be deemed severable from the invalid portion and contin a in full force and effect. Fees paid for securing approval of authorities having jurisdiction o r the Project will be paid by the CITY. Page 12 of 13 K. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a CITY officer or employee from having an interest in a contract with the CITY, and certifies that no employee or officer of the CITY, which includes members oflhe City Council and CITY boards and commissions, has an interest, either rect or indirect, in this aggeement, that does not fall within the exceptions to said stahrto provision enumerated in Sectibo 362.5. L. The Const tont agrees at all times material to this A eement to have and maintain professiona liability insurance covering the Consult is liability for the Consultant's negligent act errors and omissions to the CITY in tl sum of $1,000,000. M. No modificatio s to the Scope of Services or of r contract terms can be made without the written consent f both parties. For purpose of this clause, e-mail is to be considered a writing. Authorit to approve changes on b ialf of the CITY is vested solely with the City Manager, unless th CityManager delegat that authority to another named CITY employee in writing. N. Consultant shall ind ify and h d harmless the City of Iowa City and its officers, employees and agents om any a all liability, loss, cost, damage, and expense (including reasonable attorney's fes and c urt costs) to the extent liability results from, arises out of, or is incurred by Consvitalfs negligence, gross negligence, or knowing or willful misconduct, or any, licen , patent, or copyright infringement claim rising out of or resulting from Consultant'§Nperations under this Contract. Consultant is not, and s all no be deemed to be, an agent or employee of the City of Iowa City. Responsibility for amage Claims It is specifically agreed between the parties executing this contract that "t is not intended y any of the provisions of any part of the contract documents to c eate in the public r any member thereof a third party beneficiary hereunder, ort authorize anyone not a arty to this contract to maintain a suit for personal injuries or pr perty damage pursuant t the terms or provisions of this contract. Itis understood t at no subcontractor is a thir party beneficiary to any contract between the Cityand C nsultant. Nothing in any speer provision or any supplemental specification shall be c strued as eliminating or sup g the requirements of this section. ConsultAnt further agrees to: a. Sae the City, its agents and employees harm ss from liability of any nature or kind forte use of any copy -right or non -copyright mposition, secret process, license, fu shed or used in the performance of the contract. Vb Obtain all permits and licenses required by city, state d federal governments and pay 11 related fees. Consultant sliall also comply with all aws, ordinances, rules and regulations of the City, State of Iowa and the Federal Govemi ent. VI. MISCELLANEOUS A. It is further agreed that there are no other considerations or monies ontingent upon or resulting from the execution of this Agreement, that it is the entire Agree ent, and that no other monies or considerations have been solicited. Page 13 of 13 B. This Agreement shall be interpreted and enforced in accordance with the la of the State of 106'lv,a. Any legal proceeding instituted with respect to this Agreement all be brought in a courtf competent jurisdiction in Johnson County, Iowa. Thepart' hereto hereby submit to perso al jurisdiction therein and irrevocably waive any obj on as to venue therein, including y argument that such proceeding has been brou an inconvenient forum. FOR THE CITY FOR THE CONSULTANT By: By: Jim Throgmorton, Mayor (N Title) Date: ATTEST: Kellie Fruehling, City Clerk Approved by: City Attorney Item Number: 13. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT January 8, 2019 Resolution adopting Iowa City's FY18 Annual Action Plan Amendment #4, which is a sub -part of Iowa City's 2016-2020 Consolidated Plan (CITY STEPS) Prepared By: Kirk Lehmann, Community Development Planner Reviewed By: Erika Kubly, Neighborhood Services Coordinator Tracy Hightshoe, Neighborhood & Development Services Director Fiscal Impact: No impact to general funds. $36,161 in uncommitted CDBG funds. Recommendations: Staff: Approval Commission: The Housing and Community Development Commission recommended approval on December 20, 2018 with a vote of 7-0. Attachments: 1. FY18 Little Creations Academy Facility Rehab Amendment Memo, dated November 13, 2018 2. Policy for Allocation of Uncommitted CDBG and HOME Funds 3. Resolution adopting I owa City's FY18 Annual Action Plan Amendment #4, which is a sub -part of Iowa City's 2016-2020 Consolidated Plan (CITYSTEPS) 4. Public Comments Received with Staff Response Executive Summary: A resolution for approval of the FY18 Annual Action Plan Amendment #4 will be considered at the January 8, 2019 City Council meeting. The FY18 Annual Action Plan allocates $73,000 in CDBG funds to Little Creations Academy, Inc. to rehabilitate their childcare facility as part of the "Low - Mod Clientele Public Services/Facilities" project. The purpose is to improve the provision of affordable childcare services for at least 15 children annually through June 30, 2024. Cost overruns have not allowed Little Creations to contract the full scope of work in the agreement. Little Creations is requesting an additional $36,141 in CDBG funding to complete the full scope of work. As part of this request, Little Creations will provide affordable childcare services for an additional five children annually. $50,735 has been spent to date and the remainder is under contract. Background /Analysis: During public comment at the October 11 Housing and Community Development Commission (HCDC) meeting, Little Creations Academy requested additional funds to complete the full scope of work in its agreement. The project includes removal of asbestos flooring, flooring replacement, HVAC, doors, windows, installation of an outdoor storage shed, cubbies and room dividers. The bids for the contracted work can back higher than anticipated and necessary change orders increased the overall cost. Little Creations originally requested $118,433 for the proposed work, but was allocated $73,000 in FY18 CDBG funds. $50,735 has been spent to date, and the remainder of the award is under contract. Little Creations requests an additional $36,141 to complete the original scope of work per a contractor's bid. The budget in the agreement and status of each work item can be seen in the attached staff memo dated November 13. Staff can administratively amend a project budget, if funds are available, by up to 25% if determined reasonable. It is common for an agency not to receive their full request. The current scope of work with the funds allocated represent Little Creation's highest priorities. Historically for budget requests exceeding 25% of the original budget, agencies are asked to reapply with the next funding round to ensure all agencies have the opportunity to apply for these funds. Staff recommended administratively awarding Little Creations $18,250 (25% of its project budget) to purchase room dividers, matched by $6,130 of Little Creation's funds. If this was not feasible, staff recommended they apply for FY20 funds. Applications are due in January for projects starting July 1. HCDC unanimously recommended funding the full request to allow the recipient to proceed with the proposed items so that all work could be finished expeditiously. Staff published the draft amendment with a comment period of at least 30 days. Staff also notified current CDBG recipients (projects that remain open) of the availability of funds and requested they submit a request for funds if their existing project was not fully funded per the existing HCDC policy. To date, no public input or written requests have been received. The Housing and Community Development Commission formally recommended approval at their December 20, 2018 meeting. Given HCDC's support and no alternative proposals, staff recommends approval of FY18 Substantial Amendment #4. ATTACHMENTS: Description FY18 Little Creations Academy Facility Rehab Amendment Memo Policy for Allocation of Uncommitted CDBG and HOME Funds Resolution and Public Comments Received To Date CITY OF IOWA CITY MEMORANDUM Date: November 13, 2018 To: Housing and Community Development Commission From: Kirk Lehmann, Community Development Planner Re: FY18 Little Creations Academy Facility Rehab Amendment Introduction: In City Fiscal Year 2018 (FY18), the Housing and Community Development Commission (HCDC) recommended, and Iowa City City Council approved, an award of $73,000 in Community Development Block Grant (CDBG) funds to Little Creations Academy. The funds were to rehabilitate their childcare facility to improve the provision of affordable childcare services for at least 15 children annually through June 30, 2024. Cost overruns have not allowed Little Creations to contract the full scope of work in the agreement and is requesting an additional $36,141 to complete the project as stated in the agreement's scope of work. History/Background: Little Creations Academy created a scope of work and budget for their project, as agreed upon in the "Agreement Between the City of Iowa City, Iowa and Little Creations Academy, Inc. for Fiscal Year 2015 Community Development Block Grant Funds", signed March 13, 2018. Of the $73,000 awarded, $50,735 has been spent to date. Another $23,479 is under contract, of which CDBG will cover $22,265. The remaining scope of work, per a contractor's bid, would cost an additional $34,927 to complete. Overall, bids have come back 43 percent higher than budgeted, while change orders to complete phases of the project have increased costs by an additional 6 percent. The budget in the agreement and status of each work item is as follows: Childcare Center Renovation Budgeted Bid Change Orders Contracted / Expended Complete Total Cost $73,000 $104,568 $4,573 $73,000 Remove asbestos $7,900 $8,800 $500 $9,300 X Install floors $6,600 $8,412 $956 $9,368 X Replace HVAC $20,000 $28,950 $3,117 $32,067 X Replace doors / install access control $14,900 $23,479 $0 $22,265 In Progress Install permanent cubbies $3,000 Replace kitchen window(s) $5,100 $5,777 Replace outdoor storage shed $3,500 $4,770 Install room dividers $12,000 $24,380 Agencies are expected to provide complete and realistic budgets with their applications. Staff can administratively approve up to 25 percent of the project budget per the Citizen Participation Plan. Staff makes this determination based on what is feasible and reasonable. Most projects do not request budget amendments over that threshold. When administrative amendment requests are not approved, agencies typically determine the importance of each item and complete what they can with the funds allocated. Little Creations' current project will complete the highest identified priority items per prior budget discussions. November 13, 2018 Page 2 Typically for budget amendment requests of more than 25 percent, staff recommends they apply at next funding round to be fair to all applicants and organizations. However, HCDC and Council can substantially amend the agreement, which requires a mandatory 30 -day comment period. Currently, Little Creations is requesting a budget amendment of 43 percent of the initial allocation. Discussion of Solutions: HCDC can recommend staff to proceed with a substantial amendment to the Annual Action Plan for the full requested amount. This amendment would be formally considered by HCDC following a 30 -day public comment period. Upon recommendation, City Council would consider approval of the amendment. If HCDC recommend that staff does not proceed with a substantial amendment for the full funding request, HCDC could recommend that staff proceed with an administrative amendment to the agreement of up to $18,250 ($73,000 *.25). This could be used to complete some but not all items requested. Another option is for HCDC to request that Little Creations complete the current project as contracted and apply to the upcoming CDBG funding round which will open in December. Funding amounts have not yet been determined and application materials are not yet approved, but public facility projects of more than $50,000 typically get first consideration. No more than two public facility projects are awarded per year. Funds would become available on July 1, 2019. Financial Impact: The City currently has approximately $46,000 in uncommitted CDBG funds. Uncommitted funds are in the City's CDBG line of credit but have not been allocated to a specific project. This happens when a project is unable to spend their full allocation or when program income exceeds the amount originally budgeted. Staff can administratively use these funds for cost overruns if the request is under 25 percent of the original award and the applicant can demonstrate the need. Whatever balance remains is available in the next funding cycle. The $46,000 would be added to the City's annual CDBG entitlement and would be available for the FY20 funding round opening in December. Recommendation: Staff recommends to administratively award Little Creations $18,250 to be applied for the room dividers. They would need to match this with $6,130 of their own funds. If this is not feasible to the organization, staff recommends they apply for the FY20 funding cycle due in January to complete all necessary improvements. Historically, the City has encouraged organizations to apply at subsequent funding rounds when requests exceed 25 percent of their original awards. If requests are substantial, staff prefers that all organizations are allowed the same opportunity to apply for those funds. It also encourages applicants to obtain accurate estimates so that HCDC can review what can best be accomplished with the funds available. 12/04 POLICY FOR ALLOCATION OF UNCOMMITTED CDBG AND HOME FUNDS (Funds that become available to the program after initial allocation either through windfall income, project cancellation or additional funds provided by HUD.) The Housing and Community Development Commission (HCDC) will determine if: 1. Existing projects that did not receive full funding will be considered. 2. Projects that had submitted applications but did not receive any CDBG or HOME funding will be considered. 3. New proposals will be considered. 4. Funds will go to the Contingency Fund. If existing and/or unfunded projects are the only projects that will be considered, the applicants will be notified of the availability of funds and asked to provide a written request for funds and how they will be utilized to fund their original request. If new projects are being considered, HCDC must publish notice of funding availability and proceed with a formal application process. If funds are allocated to the Contingency Fund, no formal process is necessary other than the City Council approval. In all cases the public must be given the opportunity for comment on the proposed use of funds, either at a HCDC meeting or a Council meeting. (See Contingency Fund Use Policy for use of these funds) CONTINGENCY FUND USE POLICY The Contingency Fund can be utilized for the following purposes: a. Cost overruns of existing CDBG and HOME projects. Cost overruns of greater than $50,000 or 25% of initial project budget must be approved for eligibility by HCDC. 13 - Prepared by: Kirk Lehmann, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 319.356.5230 RESOLUTION NO. 19-15 Resolution adopting Iowa City's FY18 Annual Action Plan Amendment #4, which is a sub -part of Iowa City's 2016-2020 Consolidated Plan (CITY STEPS) Whereas, the U.S. Department of Housing and Urban Development requires the City of Iowa City, Iowa, to prepare and submit an Annual Action Plan as part of the City's Consolidated Plan (CITY STEPS) to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and Whereas, in the FY18 Annual Action Plan, the City allocated Little Creations Academy, Inc. $73,000 in CDBG funds to rehabilitate their childcare facility to improve the provision of affordable childcare services; and Whereas, cost overruns have not allowed Little Creations Academy, Inc. to contract the full scope of work in the agreement, which is expected to total $109,141; and Whereas, Little Creations Academy, Inc. is requesting an additional $36,141 to complete the project as stated in the agreement's scope of work; and Whereas, all active CDBG recipients were notified of the availability of funds per the City of Iowa City's Policy for Allocation of Uncommitted CDBG And HOME Funds; and Whereas, proposed FY18 Annual Action Plan Amendment #4 is attached hereto as Exhibit A; and Whereas, according to the City Council adopted Citizen Participation Plan the proposed amendment is considered substantial and requires City Council approval; and Whereas, the City has disseminated information soliciting public input at the January 8, 2019 City Council meeting on the proposed Amendment #4; and Whereas, the City Council finds that the public interest will be served by the adoption of the Amendment #4 to the FY18 Annual Action Plan. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City of Iowa City's Amendment #4 to the FY18 Annual Action Plan, copies of which are filed in the Neighborhood and Development Services Department, are hereby approved and adopted. 2. The City Manager of Iowa City is hereby authorized and directed to submit the applicable documentation for the City of Iowa City's Amended FY18 Annual Action Plan to the U.S. Department of Housing and Urban Development to provide all the necessary certifications required by the U.S. Department of Housing and Urban Development in connection with said Plan. Passed and approved this 8th day of JanWry 2019. n MMYOR Approved by ATTEST: td ''a�II K CITY CLERK City Attorney's Office Resolution No. 19-15 Page 2 It was moved by Saiih and seconded by Mims Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton the EXHIBIT A FY18 Annual Action Plan Substantial Amendment #4 January 8, 2019 The FY18 Annual Action Plan allocates $73,000 in CDBG funds to Little Creations Academy, Inc. to rehabilitate their childcare facility as part of the "Low -Mod Clientele Public Services/Facilities" project. The purpose is to improve the provision of affordable childcare services for at least 15 children annually through June 30, 2024. Cost overruns have not allowed Little Creations to contract the full scope of work in the agreement, which per a contractor's bid, would cost a total of $109,141 to complete. Little Creations requests to increase CDBG funding by an additional $36,141 to complete the activity as stated in the agreement's scope of work. $50,735 has been spent to date. The proposed amendment is detailed on the following page. The City Council will consider this recommendation on January 8, 2019 following a 30 -day public comment period and an amendment will be submitted to the U.S. Department of Housing and Urban Development (HUD) subject to City Council approval. Jurisdiction: City of Iowa City, Iowa Contact Person Jurisdiction Web Address: Erika Kubly http://www.icgov.org/actionplan Neighborhood Services Coordinator 410 E. Washington Street Iowa City, IA 52240 319.356.5121 Erika-Kubly@lowa-City.org Proposed Amendment Project Name Low -Mod Clientele Public Services/Facilities Target Area Citywide Goals Supported Improve and maintain public facilities; Provide public services Needs Addressed Public Facility Improvements; Public Services Funding CDBG: $332.841296,799 Description Funding for a variety of public service activities and public facility improvements serving low to moderate income clientele including: advocacy, case management, referrals, service coordination, education, counseling, and legal assistance and funding for the staff to implement these activities, as well as public facilities serving income eligible residents. Target Date Goal Outcome Indicators Location Citywide Planned Activities Funding for a variety of public service activities serving low to moderate income clientele has been proposed for this year, including: • Homeless and Transitional Housing: Provides shelter and transitional housing for homeless adults and families. Services also include advocacy, case management, referrals, service coordination. Meal sites, and funding for the staff to implement these activities. • Domestic Violence Services: Advocacy shelter provides assistance and shelter to victims of domestic violence. Shelter staff provides crisis line, advocacy, and assistance to victims in obtaining safe shelter, food, clothing, medical attention, and basic needs. Program provides counseling, referrals, and legal assistance to victims of domestic violence. Provides community and prevention education programs to individuals age 3 to 18. • Neighborhood Services: Provides resources to low-income residents at neighborhood centers that include computer access, daycare, hangout, and English language classes. See Exhibit A attached for planned activities and beneficiaries. (Exhibit A mentioned under planned activities is included on the following page. Changes will be reflected throughout the document, including beneficiary descriptions, etc.) Persons / Households / Project Planned activities CDBG Award HOME Award Facilities Assisted Aid to Agencies Shelter House $49,696 NA 650 Aid to Agencies NC1C $43,434 NA 120 Low -Mod Clientele Public Aid to Agencies DVIP $4,570 NA 300 Services/Facilities MYEP Facility $31,000 NA 445 Little Creations Academy $109,14173,000 NA 201b Crisis CenterRemodel $95,000 NA 11;859 Neighborhood and Area Wetherby Park Improvements $75,000 NA 300 Benefits Homeowner Housing Comprehensive rehabilitation $235,000 Rehabilitation $90,000 22 CHDO Operating NA $18,000 NA The Housing Fellowship Rental Rehab $86,000 5 Successful Living SRO units $36,000 $51,000 4 Other Housing Activities Habitat for Humanity $35,000 1 MYEP Rental Acquisition $50,000 3 Successful Living Rental Rehab $50,000 5 Economic Development Economic Development S et -aside $50,000 NA 2 CDBG and HOME CDBG Administration $126,049 NA NA Administration/Planning HOME Administration NA $46,635 NA Total $854,890 818,7n $426,635 13,746 13,741 I3 For publication in Press Citizen on Friday, December 21. 2018 PUBLIC MEETING NOTICE ON FY18 ANNUAL ACTION PLAN AMENDMENT #4 The City Council will hold a public meeting, accept comments, and consider approval of Iowa City's FY18 Annual Action Plan Amendment #4 on January 8, 2019. The meeting will be held at Emma Harvat Hall, 410 East Washington Street at 7:00 p.m. The FY18 Annual Action Plan is part of Iowa City's 2016- 2020 Consolidated Plan (a.k.a. CITY STEPS). The Annual Action Plan includes information on the proposed use of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for housing, jobs, and services for low -moderate income persons. The Annual Action Plan outlines proposed activities and their budgets. The FY18 Annual Action Plan includes a daycare rehabilitation project by Little Creations Academy, Inc. as part of the "Low -Mod Clientele Public Services/Facilities" project. The initial budget was $73,000 in CDBG funds, but cost overruns have not allowed Little Creations to contract the full scope of work in the agreement. Amendment #4 proposes to increase CDBG funding by $36,141 to complete the project as stated in the agreement's scope of work. To date, $50,735 has been spent, and the remainder of the initial budget is under contract. Copies of the proposed amendment are available from the Neighborhood and Development Services Department, 410 East Washington Street or on the City of Iowa City's web site at www.icgov.org/actionplan. Additional information is available by calling 319-356-5230. Comments may be submitted in writing to the Neighborhood and Development Services Department at the address above or by email to Kirk-Lehmann@iowacity.org. If you require special accommodations or language translation, contact Erika Kubly at 319-356-5230 at least seven (7) days prior to the meeting. C:\Users\jvoparil\HppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\X0008UC5\Arnendment #4 Public Meeting Notice2.docx For publication in Press Citizen on Friday, December 7, 2018 PUBLIC COMMENT PERIOD ON FY18 ANNUAL ACTION PLAN AMENDMENT #4 The FY18 Annual Action Plan is part of Iowa City's 2016- 2020 Consolidated Plan (a.k.a. CITY STEPS). The Annual Action Plan includes information on the proposed use of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for housing, jobs, and services for low- and moderate -income persons. The Annual Action Plan outlines proposed activities and their budgets. The FY18 Annual Action Plan includes a daycare rehabilitation project by Little Creations Academy, Inc. as part of the "Low -Mod Clientele Public Services/Facilities" project. The initial budget was $73,000 in CDBG funds, but cost overruns have not allowed Little Creations to contract the full scope of work in the agreement. Amendment #4 proposes to increase CDBG funding by $36,141 to complete the project as stated in the agreement's scope of work. To date, $50,735 has been spent, and the remainder of the initial budget is under contract. Copies of the proposed amendment are available from the Neighborhood and Development Services Department, 410 East Washington Street, or on the City of Iowa City's web site at www.icaov.oro/actionolan. Additional information is available by calling 319-356-5230. The 30 -day public comment period regarding this Annual Action Plan amendment starts with the publication of this notice and ends following a public meeting on January 8, 2019. Comments may be submitted in writing to the Neighborhood and Development Services Department at the address above or by email to Kirk-Lehmann@iowa-city.org. If you require special accommodations or language translation, contact Erika Kubly at 319-356-5230 or 319-356-5493 TTY. C:\Usem\vopadl%AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\X000BUC5Wnendment #4 Public Comment NoBce2.docx