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HomeMy WebLinkAbout2024-11-04 Resolution Item Number: 6.a. CITY OF IOWA CITY COUNCIL ACTION REPORT November 4, 2024 Resolution approving the City Street Finance Report for the fiscal year ending June 30, 2024. Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: If not approved and submitted by December 1, 2024, the City could risk losing annual road use tax funding. For fiscal year 2025, this is budgeted at $10,500,000. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: FY2024 City Street Finance Report Resolution Executive Summary: Iowa Code section 312.14 requires all cities to submit the City Street Finance Report (SFR) to the Iowa Department of Transportation (DOT) by December 1 of each year. In accordance with Iowa Code section 312.15, the Iowa DOT must notify the state treasurer of each city not in compliance with this requirement. Once notified, the state treasurer will withhold the Road Use Tax (RUT) funds allocated to the city until the city complies. If a city has not filed its report by March 1 of the following year, RUT funds shall not be allocated to that city and all funds withheld under this provision shall revert to the street construction fund of the cities. Background /Analysis: The City Street Finance Report is required to include revenues and expenditures in the Road Use Tax Fund, and any other funds that have revenues and expenditures for street purposes only and Debt Service which includes bonds, notes and loans for only street related revenues and expenditures for any debt service payments. Road Use Tax receipts for the City of Iowa City for fiscal year 2024 were $10,596,649. Expenditures covered by RUT funds totaled $11,208,203 including $3,338,172 transferred to capital projects funds for street/bridge construction, $1,311,480 for traffic control and street lighting and $833,658 for street cleaning and snow removal. Other funds' receipts were $25,124,973. This includes the streets/bridges portion of General Obligation debt of $9,975,049, property taxes of $7,996,929, federal grants of $1,140,366 and transfers in from the Road Use Tax Fund of $4,023,044. Other funds' expenditures were $25,124,973, including expenditures for street/bridge construction totaling $15,551,997 and debt service payments of $7,011,415. The street/bridge construction was comprised of various projects such as Rochester Avenue Reconstruction project in the amount of $4,224,486, the Benton Street Rehabilitation project in the amount of $1,800,064 and the Dubuque Street Reconstruction project in the amount of$1,431,964. ,qt >, 2 LO — M (O co co M — O — LO N 0 LO I-- — LO N "= a0 N O (O N O O I— LO O (O O LO r— O O U Q LO N 00 O L r— LO O N (O LO q9t O O M LO N co MO CV) (O CV) O N (o LO O r— N N O N N EA I— qqt a0 N r— EA (A LO LO M qqt (f) cB N — N I— EA (f} (f} (f} O c0 (A (f> a co N c N 6r, N 6r, EA EA CO N N LL O N O M O N O a) � := 00 +� O C) a0 a0 LO O O a0 O O I— LO LO O LO O LO N — O r— N N � � �� � � U 0 O (f} 0 0 CN U L `/ d .: O CL (22) o CN 0 U) C� O M w _ _ r- O N U C CM cu i W 0 Q' > U +� a0 M M (O a0 a0 M O O N (O (O LO U M I— N O (O N O O O (O M (O I— O N a0 O W � O LO L O M LO 0 O 0 M O N (O E1> O N (O O � I— N EA I— qqt a0 I— LO LO K) M (f} c O O^ (A (A (A (A O N O a0 _ LO CO .N O � � (f) a) LL O C) E a) a) a a) a) Q- L U .� � cu a) co a) U) W a) Q- U co a) (n (n N Q '5 c a) Q U) -a -a N o 0 I7 co a) CL Q t cn U O co co L -0 w c N x V) U cu a) J O 0 0 O cu a) W I) ca >, Q 0 1 1 W W L W O 0 (� L (�.� J 0 QL (n O (� fn cn O) O).— a) 06 U (n vi c c Q v .� .� cn c v U a) m Q cn CO COOPS > O 00� 00� W 0U) O 10 10 ,qt >, 2 00 r— qqt M O O qqt m M O M LO M — M LO qqt r— N "= — O N qqt — M O O O O O w I— LO M qqt N M M O U Q Lo O O N N r— O LO O N M O m (O N Co MO (O M 1- N LO co (O CO M r— N M (O (O O O 00 N 00 M 00 LO (O M 00 N M K) qqt co CV — M K) CN I� CO CD CO O I� M K) M N cu K) (f) (f) (f) (f) (f) 00 Ch (f) 6 (f) " CO (f) (f) (f) O � (f) (f) (f) (f) (f) N N O N O co CD CD N O CA N � M N � += 0 +� O CD co — O O Nt m co I-- I-- O O M O O m m co co M O I� O '14 ll* � M I— M N I-t LO co co CLf N K) M N M M CO I-- y- U O^ I� CD — M K) K) U L `. d ': rn (D O CA � (fl Q C rn Co C) 0) � U) V O _ 4- CV) O i N N L CO O M N U C r- cu 0 Q � O U N +� coI— O M C) � � CA LO � I— U (O — qqt LO (O M q9t N M M (O M N CA CA (O CA V (O (O — qqt — M LO M r— N M (O (O — CA — CA I— 00 N M (f) O ^ M K) — I— — r— qqt co K) M CO N 0 (f) (f) K) K) M K) K) K) M co CN a (2) O L L C:) N C) cu 0) Q N O CO "' C U C � 7 a •� CO o O N > O N a m C) C-) O— C1 LL1 Q' � >, O E O 0 06 N a O 7 cu N � N .--� . >, E . 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Z ,qt >, 2 O N LO O LO qqt O U Q N r w M N" co MO N O O N Or— N (O M (O 00 N C co O O N O co "' N M 6k M 6k N U (f} (A (f} (f} N N LL O N O M_ O O 00 00 O (A LO LO (f) ^ N N O co co N D M M y- 06 D O (O 00 N LO O co LO LO � N r- N N to N 1- (O LO M += N O co CF) 0c0 00 � LO LO Q•�O � . �_ M � � O CV) O L O : (A (A Q 0) a C) O O I.L O O I— I- 0 C K) (f} V _ O _ O co co O p (A I, M M � EA N O O O N 00 00 L 0) 0) +� E L Co � � M M � 0) .� L 0) 0 > a c U) a) Z o 2 '++ A C U LO N — O W r- o rn rn V CD cn a) m N psi w w m Q' -a 0) O^ M � I-- O I-- M O N L M L (f) (A (A 64 (f) O (O co M (O O 00 O O 00 LO r- r- LO +N- ^ O Nt O L O (f) N N (A 0) LL CD r E ) N N � N N ^ N O C ^ 0) U 0 " N + U O CD = > a J m w 0 c co � `n co O Q cm L L a y--� co fn C N O fn C ' a) O 01 7 E 0) 7 7 C m Q m U) U) w Item Number: 6.b. CITY OF IOWA CITY Q COUNCIL ACTION REPORT November 4, 2024 Resolution updating the rules and requirements of the Bow Hunt Program and rescinding Resolution No. 20-213. Prepared By: Kirk Lehmann, Assistant City Manager Reviewed By: Geoff Fruin, City Manager Fiscal Impact: None Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Redlined Current Application Process and Rules Resolution 2024-11-04 Deer Hunt Application Process and Rules Executive Summary: Iowa City's Deer Management Plan calls for a bow hunt during the fall/winters of 2024 through 2029. The rules of the bow hunt, approved September 1, 2020, sets forth the current details of the bow hunt program consistent with the basic parameters included in the Deer Management Plan. This resolution will update the bow hunt rules based on Council direction provided at their work session on October 15 and will rescind the previously adopted rules. Background /Analysis: Resolution No. 24-194 approved the current Deer Management Plan. The plan calls for the City to request that the Iowa Natural Resources Commission approve a bow hunt to provide recreational opportunities and manage the deer population during the fall/winters of 2024 to 2029. The 2024-2025 Bow Hunt season in Iowa City began September 21, 2024, and will end January 10, 2025. The Iowa City Police Department currently manages the bow hunt according to the rules approved by City Council on September 1, 2020. Most bow hunting occurs on private property, though Council has approved hunting on specified City-owned lands. Current rules and requirements of the hunt include: • Hunters must be 18 years of age. • Hunters must pass a proficiency test administered by Fin & Feather. • The Police Department will conduct a criminal background check of every hunter. • Hunters must be approved by the City. • All shots must be taken 6 feet up in a manufactured stand. • No shots can be taken within 150 feet of any home, building or property line unless the adjacent property owner grants permission (limited to no more than 3 permission waivers for a single location). • No shots can be taken within 150 feet of a trail, road, sidewalk, park, school ground or right-of-way. • Baiting and feeding is prohibited. • Written consent of property owners is required. • All deer harvested must be confirmed by the Iowa City Police Department. On October 15, 2024, City Council provided direction to change the rules of the hunt to expand recreational opportunities and better manage the increasing deer population while maintaining the safety of the hunt. A redlined version of the rules is attached to the proposed Resolution. Proposed changes include: • Removing the limit on the number of permission waivers allowed for a location; • Modifying language related to hunting near trails, roads, or parks to allow additional flexibility; and • Requiring that property owners inform occupants if hunting will be allowed on leased property. The proposed resolution incorporates these changes and authorizes the City Manager to make minor adjustments as needed. The resolution additionally authorizes the City Manager to create and/or update forms to implement the Bow Hunt Program. All relevant documents and forms shall be available on the City website. l r 1 2024 — 2025 Iowa City Deer Management Bow Hunt Program Application Process and Instructions; CITY OF IOWA CITY Rules; and Additional Information Revised N Fember 4, 2024 APPLICATION PROCESS AND INSTRUCTIONS Thank you for your interest in the Iowa City Deer Management Bow Hunt Program ("Bow Hunt Program"). The 2024-2025 Bow Hunt season begins September 21, 2024 and ends January 10, 2025. Below you will find the steps necessary to complete the application process. Please pay close attention to the opening and closing dates as paperwork submitted after the deadline will not be accepted. Where Can You Hunt • Hunters must own property or have permission to hunt property which meets the Iowa City regulations. • Property owners who are interested in providing land for bow hunting may contact the City's hunt coordinator(contact information on the next page). Contact information for interested property owners will be provided to approved hunters. The list of interested property owners should be considered a resource only. Expression of interest by a property owner does not replace the required permission forms. Inclusion of a property owner's contact information on the list does not guarantee the property will be available for hunting. Hunters remain responsible for coordinating hunt locations, securing all necessary permissions, and submitting required paper to the hunt coordinator. Application Process • Private Property Bow Hunter applications will be available at www.icgov.org/deer and accepted until November 1, 2024. Application packets may also be picked up seven days a week at the front desk of the Iowa City Police Department at 410 E. Washington Street. • Online applications are available as a fillable PDF and can be completed digitally or downloaded and handwritten. Any application received that is not legible or complete will be returned prior to processing. • A copy of the hunter's Iowa DNR Hunting License must be included with the application. 1 • Applications must be e-mailed to diersen@iowa-city.org or delivered to the Iowa City Police Department (410 E. Washington Street, Iowa City, IA 52240), by no later than 5pm on November 1, 2024. The hunter's application must be approved prior to hunting. • A person who has been convicted of or received a deferred judgment for a violation of a fish and game provision for an incident that occurred since 10/1/21 is not eligible for the Bow Hunt Program. • After applications are received, they will be processed by the Iowa City Police Department. • Before hunting is allowed, Permission to Hunt on Private Property and Waiver of Separation forms must be submitted and approved: o Hunters must notify landowners of a possible on-site inspection by the hunt coordinator(Lt. Zach Diersen) and the Iowa Department of Natural Resources (IDNR), to confirm the location meets all regulations. o It is the responsibility of the hunter to obtain the signatures of property owners. o If a property is leased, the owner must inform occupants that hunting will be allowed on the Property. o Completed forms must be e-mailed to diersen@iowa-city.org or delivered to the Iowa City Police Department (410 E. Washington Street, Iowa City, IA 52240) BEFORE any hunting occurs. • Hunters will be notified with the decision of their application. If approved, hunters must pass an annual archery proficiency test using their compound bow or crossbow if applicable. This test will be proctored by the Iowa City Fin and Feather and additional details will be provided with the application decision. If you have any questions, please contact the hunt coordinator: Lt. Zach Diersen Iowa City Police Department Office Phone: 319-356-5276 Email: diersen@iowa-city.org 2 Hunter Checklist (Revised November 4, 2024) APPLICATION (REQUIRED TO BE CONSIDERED) Application packets are available at www.icgov.orgldeer or can be picked up at the Iowa City Police Department(410 E. Washington Street). All materials can be e-mailed to diersen@iowa-city.org or dropped off at the police station. ❑ Read "Application Process and Instructions; Rules; and Additional Hunter Information" ❑ Bow Hunt Application (Form #1) ❑ Copy of valid Iowa DNR Hunting License HUNTING LOCATION FORMS (REQUIRED BEFORE HUNTING) These may be submitted at the time of application, but are not required until before hunting occurs. Please allow time for approval. Forms received after the start of the hunting season will not be considered valid until they are approved. ❑ Permission to Hunt on Private Property Form (Form #2) - If a property is leased, the owner must inform „cupants that hunting will be allowea on the property. ❑ Waiver of Separation Form(s), if required (Form #3) ❑ Map of Planned Hunt Location AFTER APPLICATION APPROVAL (REQUIRED BEFORE HUNTING) ❑ Archery Proficiency Test (Conducted by Fin and Feather) DURING HUNTING (REQUIRED TO CARRY WHILE HUNTING) ❑ Valid Iowa DNR Hunting License ❑ Urban Deer License/Tags ❑ Copy of Signed Permission to Hunt on Private Property Form AND signed Waver of Separation Form(s), if required ❑ Picture ID AFTER DEER HARVEST (REQUIRED) ❑ Completed Antlerless Deer Harvest Confirmation Report (Form #4) ❑ Report with Iowa DNR (Please see below under"Additional Information") ❑ Visual confirmation and report with ICPD (Please below under"Additional Information") 3 RULES Revised November 4,2024 The hunter must: Be at least 18 years old or older on the day of the hunt. Take all shots at least six (6)feet up in a manufactured elevated stand which has an approved safety harness; each hunter is encouraged to use a TMA or ASTM certified harness. NOT shoot within 150 feet(50 yards) or less of a home, building, or property line. NOT shoot back into the distance separation; except: (1) when hunting own property while adhering to distance requirement from adjoining property owner home, building, and property line; and (2) other property owners(s)waives distance requirement in written statement filed with the City. NOT position or use an elevated stand within 150 feet(50 yards)of any ooei recreation trail, road, sidewalk, or park unless authorized by City Council, or any school or right-of-way; and NO shot shall be taken that may cross or enter into the same. Shoot downward and no further than 75 feet (25 yards)from an elevated stand. NOT shoot a spotted fawn. Not bait or feed. Baiting and feeding are prohibited. Attempt to retrieve every arrow. Case all bows while traveling to and from the site to the hunting stand. Must own property or have permission to hunt property which meets the Bow Hunt Program rules. Follow DNR Hunting guidelines, except when the City regulations are more restrictive than State regulations. Follow HUSH (Help Us Stop Hunger) drop-off guidelines. Must promptly report to the Hunt Coordinator any hunting activity that is observed which violates these rules or any state or local law. Carry picture ID 4 Notwithstanding any other provision herein, a hunter may shoot from a ground blind on a parcel over 50 square acres at locations and conditions approved by the hunt coordinator. Separation Requirement: Hunter shall not hunt within 150 feet of a home, building, or property line UNLESS the property owner or authorized manager of the property waives that separation requirement in writing. The Waiver of Separation Requirement form must be filed with the City. The separation requirement applies to homes, buildings, and property lines on the property being hunted as well as homes, buildings, and property lines adjoining properties. f the pFanorty I" . than theee waivers, the Adjoining property means all parcels of property that share a property line with the property to be hunted including properties that contact each other only at one point. Hunting License—Urban Deer ITag— Permission Form(s): While hunting within the City of Iowa City ALL hunters must carry their Iowa DNR hunting license, Urban Deer License/Tags, and the permission form associated with the property being hunted. If Waiver of Separation forms are required, they must be carried as well. The Iowa Department of Natural Resources (IDNR) and the Iowa City Police Department will be conducting checks throughout the season. Any hunter not having the proper documentation on their person will be subject to removal from the program and/or subject to citation. Reporting Process to Confirm Harvested Deer: All deer harvested within the City of Iowa City must be reported to the IDNR AND the City of Iowa City Police Department. To report a harvested deer under the City's Bow Hunt Program, please follow these steps before transporting the deer off the property. 1. Mandatory Harvest Reporting for Deer: Hunters who harvest a deer must report the harvest to the IDNR by midnight on the day after it is tagged, or before taking it to a locker or taxidermist, or before processing it for consumption, or before transporting it out-of-state, whichever occurs first. The hunter whose name is on the tag is responsible for making the report. Failure to report or reporting falsely may result in a misdemeanor citation and possible loss of hunting privileges. 2. Registering Harvested Deer with The City of Iowa City: Hunters must register the deer with the City by calling 319-356-5276 and requesting an officer meet them at their vehicle prior to leaving the hunt location. 3. Report Hit Non-Recovered Deer: Just as IDNR regulations requires you to report deer hit but not recovered, you will also must report this with your hunt coordinator. Please leave your name, time and date, area hunting, area deer last seen, sex of deer, and area of deer struck. This must be done within 12 hours of not locating the injured deer. Email is the preferred method of contact. Avoid Confrontation with the Public: If anyone confronts you in a harassing manner while you are attempting to hunt, DO NOT engage in any threatening behavior, back talking, etc. Instead, call the Joint Emergency Communication Center at 319-356-6800, request an officer to respond, and attempt to remove 5 yourself from the situation. The incident must also be reported to the hunt coordinator via email or phone call immediately. Interaction with Law Enforcement, City Employees, and Public: Hunters must at all times be respectful and cooperative with any Law Enforcement Official, City Employee, and/or the Public. Any verbal or written complaints of hunter(s) displaying rude or disrespectful behavior will be investigated. Hunters found not being respectful and cooperative will be removed from the program immediately. Additional Rules: • Legal weaponry for all hunting allowed during this season shall be restricted to compound bows and arrows, except that a hunter with a qualifying disability as defined by IDNR regulations be allowed to use a crossbow as defined and limited by the IDNR. • A hunter shall not dispose of any animal part on a public property, including roadside ditches. Entrails, bone and unusable parts of the deer can be disposed of in the trash if it is bagged in plastic. This applies to the City of Iowa City. If you live outside the City, consult your garbage collection service for proper disposal guidelines. • Deer must be covered during transport. • Hunting under the influence of drugs or alcohol will result in suspension of Urban Bow Hunt privilege. • No driving or stalking of deer is permitted. • Hunters should attempt to contact property owners before entering private property to track or retrieve injured or dead deer. • In general, no property may be hunted by more than 4 hunters, unless the eligible property is two acres or larger and the Hunt Coordinator provides a written exception. • Tree stands cannot be erected sooner than 7 days prior to the hunt and must be removed within 7 days after the hunt. • Only 3 tags to be issued at a time. 6 ADDITIONAL INFORMATION The hunt coordinator will contact approved hunters by phone prior to the hunt to review rules and discuss any additional details. Buck Incentive Award Program: The IDNR is the sole authority to determine the number of Buck tags which will be awarded to the Bow Hunt Program. This is based on the total number of antlerless deer harvested under the City's Bow Hunt Program during the previous season. Therefore, until the season is completed, the number of Buck Tags that may be awarded is unknown. To ensure participation in the City's "Buck Incentive Award Program", a hunter must harvest 3 antlerless deer in Iowa City's Deer Management Zone. Button bucks, spike bucks, and shed bucks do not qualify as one of the three antlerless deer. • A hunter who harvests 3 antlerless deer as described above will earn 1 Buck Incentive Tag for the following season of the City of Iowa City's Bow Hunt Program. • Only 1 Buck Tag will be awarded per qualifying hunter and only reported, registered and confirmed Antlerless Deer Harvest Confirmation Reports will be utilized for this count. • Buck Tags earned are not transferable and can only be utilized within the City of Iowa City. Note: In the event the IDNR changes their ratio for awarding Buck Incentive Tags, a special drawing will be held. For this drawing, only a hunter who harvested 3 antlerless deer as described above will have their name placed in the drawing. The names will then be drawn until the number of Buck Incentive Tags are utilized. Example: 8 eligible hunters— IDNR award 7 Buck Tags—All eight names will be placed in drawing— The first 7 names drawn receive the Buck Tag for the following season— 1 hunter will not be awarded a Buck Tag. Please be aware, the City of Iowa City's Bow Hunt Program is reviewed annually by the City Council. The City is under no obligation to renew the urban bow hunt annually. In other words, although your name may be selected for a Buck Tag, there is no guarantee the bow hunt will be conducted the following season. ALL hunters must remember, participating in the Bow Hunt program is a PRIVILEGE AND NOT A RIGHT. Poaching: Should you see possible poaching, please call the Joint Emergency Communication Center at 319-356-6800 or 911. Be prepared to give your location and detailed information regarding the circumstances. H.U.S.H. — Help Us Stop Hunger: Any hunter can donate any legally taken, field-dressed deer to any of the participating HUSH lockers. For updates, visit www.iowahush.com. HUSH program lockers have been advised to contact the local hunt coordinator and the IDNR regarding deer improperly dropped off. Hunters violating HUSH drop-off standards and or spoiled meat will be subject to removal from the program. Please take the ethical steps to ensure your deer has been preserved properly. Post-Harvest Suggestions: These reminders will help you safely preserve the deer for your personal use, as preparation for your locker of choice to process for you, or for the HUSH program. Remember, you harvested the animal and it is your legal responsibility is to keep the meat from spoiling. Each day you prepare to hunt, you should consider whether you have enough time to properly recover and take care of your harvest or not. If you don't--you should not hunt that day. Every harvest: • Remove the entrails as soon as possible and before taking it to the locker. Proper techniques can be viewed online if needed. Cooperate with the property owner regarding the disposal of entrails. Have a plan before the harvest that fits your hunt location. • Remove reproductive organs, clean out the chest cavity/rinse with water, split the pelvis and remove anal cavity/rinse with water. • Keep chest cavity open and hind legs open to ensure quick cooling. • Minimize exposure to sunlight, rain and dirt. When temperatures are above 50 degrees Fahrenheit: • Purchase and use a large tote or sled to minimize clean-up for the following; • Place 5 lb. bags of ice or frozen 1-gallon milk jugs of water in chest cavity and between the split pelvis. Replace every 24 hours, or sooner if air temperature is high. • Place iced deer on garage floor, this will help pull the heat out of the animal. • Process as soon as possible or get your deer to the locker as soon as possible -- at least within 24 hours. If dropping off your deer at a locker, follow their directive on preparation. Public Records • The forms completed by owners and hunters are public records with limited exception such as driver license information. s l r 1 2024 — 2025 Iowa City Deer Management Bow Hunt Program Application Process and Instructions; CITY OF IOWA CITY Rules; and Additional Information Revised November 4, 2024 APPLICATION PROCESS AND INSTRUCTIONS Thank you for your interest in the Iowa City Deer Management Bow Hunt Program ("Bow Hunt Program"). The 2024-2025 Bow Hunt season begins September 21, 2024 and ends January 10, 2025. Below you will find the steps necessary to complete the application process. Please pay close attention to the opening and closing dates as paperwork submitted after the deadline will not be accepted. Where Can You Hunt • Hunters must own property or have permission to hunt property which meets the Iowa City regulations. • Property owners who are interested in providing land for bow hunting may contact the City's hunt coordinator(contact information on the next page). Contact information for interested property owners will be provided to approved hunters. The list of interested property owners should be considered a resource only. Expression of interest by a property owner does not replace the required permission forms. Inclusion of a property owner's contact information on the list does not guarantee the property will be available for hunting. Hunters remain responsible for coordinating hunt locations, securing all necessary permissions, and submitting required paper to the hunt coordinator. Application Process • Private Property Bow Hunter applications will be available at www.icgov.org/deer and accepted until November 1, 2024. Application packets may also be picked up seven days a week at the front desk of the Iowa City Police Department at 410 E. Washington Street. • Online applications are available as a fillable PDF and can be completed digitally or downloaded and handwritten. Any application received that is not legible or complete will be returned prior to processing. • A copy of the hunter's Iowa DNR Hunting License must be included with the application. 1 • Applications must be e-mailed to diersen@iowa-city.org or delivered to the Iowa City Police Department (410 E. Washington Street, Iowa City, IA 52240), by no later than 5pm on November 1, 2024. The hunter's application must be approved prior to hunting. • A person who has been convicted of or received a deferred judgment for a violation of a fish and game provision for an incident that occurred since 10/1/21 is not eligible for the Bow Hunt Program. • After applications are received, they will be processed by the Iowa City Police Department. • Before hunting is allowed, Permission to Hunt on Private Property and Waiver of Separation forms must be submitted and approved: o Hunters must notify landowners of a possible on-site inspection by the hunt coordinator(Lt. Zach Diersen) and the Iowa Department of Natural Resources (IDNR), to confirm the location meets all regulations. o It is the responsibility of the hunter to obtain the signatures of property owners. o If a property is leased, the owner must inform occupants that hunting will be allowed on the property. o Completed forms must be e-mailed to diersen@iowa-city.org or delivered to the Iowa City Police Department (410 E. Washington Street, Iowa City, IA 52240) BEFORE any hunting occurs. • Hunters will be notified with the decision of their application. If approved, hunters must pass an annual archery proficiency test using their compound bow or crossbow if applicable. This test will be proctored by the Iowa City Fin and Feather and additional details will be provided with the application decision. If you have any questions, please contact the hunt coordinator: Lt. Zach Diersen Iowa City Police Department Office Phone: 319-356-5276 Email: diersen@iowa-city.org 2 Hunter Checklist (Revised November 4, 2024) APPLICATION (REQUIRED TO BE CONSIDERED) Application packets are available at www.icgov.orgldeer or can be picked up at the Iowa City Police Department(410 E. Washington Street). All materials can be e-mailed to diersen@iowa-city.org or dropped off at the police station. ❑ Read "Application Process and Instructions; Rules; and Additional Hunter Information" ❑ Bow Hunt Application (Form #1) ❑ Copy of valid Iowa DNR Hunting License HUNTING LOCATION FORMS (REQUIRED BEFORE HUNTING) These may be submitted at the time of application, but are not required until before hunting occurs. Please allow time for approval. Forms received after the start of the hunting season will not be considered valid until they are approved. ❑ Permission to Hunt on Private Property Form (Form #2) - If a property is leased, the owner must inform occupants that hunting will be allowed on the property. ❑ Waiver of Separation Form(s), if required (Form #3) ❑ Map of Planned Hunt Location AFTER APPLICATION APPROVAL (REQUIRED BEFORE HUNTING) ❑ Archery Proficiency Test (Conducted by Fin and Feather) DURING HUNTING (REQUIRED TO CARRY WHILE HUNTING) ❑ Valid Iowa DNR Hunting License ❑ Urban Deer License/Tags ❑ Copy of Signed Permission to Hunt on Private Property Form AND signed Waver of Separation Form(s), if required ❑ Picture ID AFTER DEER HARVEST (REQUIRED) ❑ Completed Antlerless Deer Harvest Confirmation Report (Form #4) ❑ Report with Iowa DNR (Please see below under"Additional Information") ❑ Visual confirmation and report with ICPD (Please below under"Additional Information") 3 RULES Revised November 4,2024 The hunter must: Be at least 18 years old or older on the day of the hunt. Take all shots at least six (6)feet up in a manufactured elevated stand which has an approved safety harness; each hunter is encouraged to use a TMA or ASTM certified harness. NOT shoot within 150 feet(50 yards) or less of a home, building, or property line. NOT shoot back into the distance separation; except: (1) when hunting own property while adhering to distance requirement from adjoining property owner home, building, and property line; and (2) other property owners(s)waives distance requirement in written statement filed with the City. NOT position or use an elevated stand within 150 feet(50 yards)of any open recreation trail, road, sidewalk, or park unless authorized by City Council, or any school or right-of-way; and NO shot shall be taken that may cross or enter into the same. Shoot downward and no further than 75 feet (25 yards)from an elevated stand. NOT shoot a spotted fawn. Not bait or feed. Baiting and feeding are prohibited. Attempt to retrieve every arrow. Case all bows while traveling to and from the site to the hunting stand. Must own property or have permission to hunt property which meets the Bow Hunt Program rules. Follow DNR Hunting guidelines, except when the City regulations are more restrictive than State regulations. Follow HUSH (Help Us Stop Hunger) drop-off guidelines. Must promptly report to the Hunt Coordinator any hunting activity that is observed which violates these rules or any state or local law. Carry picture ID 4 Notwithstanding any other provision herein, a hunter may shoot from a ground blind on a parcel over 50 square acres at locations and conditions approved by the hunt coordinator. Separation Requirement: Hunter shall not hunt within 150 feet of a home, building, or property line UNLESS the property owner or authorized manager of the property waives that separation requirement in writing. The Waiver of Separation Requirement form must be filed with the City. The separation requirement applies to homes, buildings, and property lines on the property being hunted as well as homes, buildings, and property lines adjoining properties. Adjoining property means all parcels of property that share a property line with the property to be hunted including properties that contact each other only at one point. Hunting License—Urban Deer ITag— Permission Form(s): While hunting within the City of Iowa City ALL hunters must carry their Iowa DNR hunting license, Urban Deer License/Tags, and the permission form associated with the property being hunted. If Waiver of Separation forms are required, they must be carried as well. The Iowa Department of Natural Resources (IDNR) and the Iowa City Police Department will be conducting checks throughout the season. Any hunter not having the proper documentation on their person will be subject to removal from the program and/or subject to citation. Reporting Process to Confirm Harvested Deer: All deer harvested within the City of Iowa City must be reported to the IDNR AND the City of Iowa City Police Department. To report a harvested deer under the City's Bow Hunt Program, please follow these steps before transporting the deer off the property. 1. Mandatory Harvest Reporting for Deer: Hunters who harvest a deer must report the harvest to the IDNR by midnight on the day after it is tagged, or before taking it to a locker or taxidermist, or before processing it for consumption, or before transporting it out-of-state, whichever occurs first. The hunter whose name is on the tag is responsible for making the report. Failure to report or reporting falsely may result in a misdemeanor citation and possible loss of hunting privileges. 2. Registering Harvested Deer with The City of Iowa City: Hunters must register the deer with the City by calling 319-356-5276 and requesting an officer meet them at their vehicle prior to leaving the hunt location. 3. Report Hit Non-Recovered Deer: Just as IDNR regulations requires you to report deer hit but not recovered, you will also must report this with your hunt coordinator. Please leave your name, time and date, area hunting, area deer last seen, sex of deer, and area of deer struck. This must be done within 12 hours of not locating the injured deer. Email is the preferred method of contact. Avoid Confrontation with the Public: If anyone confronts you in a harassing manner while you are attempting to hunt, DO NOT engage in any threatening behavior, back talking, etc. Instead, call the Joint Emergency Communication Center at 319-356-6800, request an officer to respond, and attempt to remove 5 yourself from the situation. The incident must also be reported to the hunt coordinator via email or phone call immediately. Interaction with Law Enforcement, City Employees, and Public: Hunters must at all times be respectful and cooperative with any Law Enforcement Official, City Employee, and/or the Public. Any verbal or written complaints of hunter(s) displaying rude or disrespectful behavior will be investigated. Hunters found not being respectful and cooperative will be removed from the program immediately. Additional Rules: • Legal weaponry for all hunting allowed during this season shall be restricted to compound bows and arrows, except that a hunter with a qualifying disability as defined by IDNR regulations be allowed to use a crossbow as defined and limited by the IDNR. • A hunter shall not dispose of any animal part on a public property, including roadside ditches. Entrails, bone and unusable parts of the deer can be disposed of in the trash if it is bagged in plastic. This applies to the City of Iowa City. If you live outside the City, consult your garbage collection service for proper disposal guidelines. • Deer must be covered during transport. • Hunting under the influence of drugs or alcohol will result in suspension of Urban Bow Hunt privilege. • No driving or stalking of deer is permitted. • Hunters should attempt to contact property owners before entering private property to track or retrieve injured or dead deer. • In general, no property may be hunted by more than 4 hunters, unless the eligible property is two acres or larger and the Hunt Coordinator provides a written exception. • Tree stands cannot be erected sooner than 7 days prior to the hunt and must be removed within 7 days after the hunt. • Only 3 tags to be issued at a time. 6 ADDITIONAL INFORMATION The hunt coordinator will contact approved hunters by phone prior to the hunt to review rules and discuss any additional details. Buck Incentive Award Program: The IDNR is the sole authority to determine the number of Buck tags which will be awarded to the Bow Hunt Program. This is based on the total number of antlerless deer harvested under the City's Bow Hunt Program during the previous season. Therefore, until the season is completed, the number of Buck Tags that may be awarded is unknown. To ensure participation in the City's "Buck Incentive Award Program", a hunter must harvest 3 antlerless deer in Iowa City's Deer Management Zone. Button bucks, spike bucks, and shed bucks do not qualify as one of the three antlerless deer. • A hunter who harvests 3 antlerless deer as described above will earn 1 Buck Incentive Tag for the following season of the City of Iowa City's Bow Hunt Program. • Only 1 Buck Tag will be awarded per qualifying hunter and only reported, registered and confirmed Antlerless Deer Harvest Confirmation Reports will be utilized for this count. • Buck Tags earned are not transferable and can only be utilized within the City of Iowa City. Note: In the event the IDNR changes their ratio for awarding Buck Incentive Tags, a special drawing will be held. For this drawing, only a hunter who harvested 3 antlerless deer as described above will have their name placed in the drawing. The names will then be drawn until the number of Buck Incentive Tags are utilized. Example: 8 eligible hunters— IDNR award 7 Buck Tags—All eight names will be placed in drawing— The first 7 names drawn receive the Buck Tag for the following season— 1 hunter will not be awarded a Buck Tag. Please be aware, the City of Iowa City's Bow Hunt Program is reviewed annually by the City Council. The City is under no obligation to renew the urban bow hunt annually. In other words, although your name may be selected for a Buck Tag, there is no guarantee the bow hunt will be conducted the following season. ALL hunters must remember, participating in the Bow Hunt program is a PRIVILEGE AND NOT A RIGHT. Poaching: Should you see possible poaching, please call the Joint Emergency Communication Center at 319-356-6800 or 911. Be prepared to give your location and detailed information regarding the circumstances. H.U.S.H. — Help Us Stop Hunger: Any hunter can donate any legally taken, field-dressed deer to any of the participating HUSH lockers. For updates, visit www.iowahush.com. HUSH program lockers have been advised to contact the local hunt coordinator and the IDNR regarding deer improperly dropped off. Hunters violating HUSH drop-off standards and or spoiled meat will be subject to removal from the program. Please take the ethical steps to ensure your deer has been preserved properly. Post-Harvest Suggestions: These reminders will help you safely preserve the deer for your personal use, as preparation for your locker of choice to process for you, or for the HUSH program. Remember, you harvested the animal and it is your legal responsibility is to keep the meat from spoiling. Each day you prepare to hunt, you should consider whether you have enough time to properly recover and take care of your harvest or not. If you don't--you should not hunt that day. Every harvest: • Remove the entrails as soon as possible and before taking it to the locker. Proper techniques can be viewed online if needed. Cooperate with the property owner regarding the disposal of entrails. Have a plan before the harvest that fits your hunt location. • Remove reproductive organs, clean out the chest cavity/rinse with water, split the pelvis and remove anal cavity/rinse with water. • Keep chest cavity open and hind legs open to ensure quick cooling. • Minimize exposure to sunlight, rain and dirt. When temperatures are above 50 degrees Fahrenheit: • Purchase and use a large tote or sled to minimize clean-up for the following; • Place 5 lb. bags of ice or frozen 1-gallon milk jugs of water in chest cavity and between the split pelvis. Replace every 24 hours, or sooner if air temperature is high. • Place iced deer on garage floor, this will help pull the heat out of the animal. • Process as soon as possible or get your deer to the locker as soon as possible -- at least within 24 hours. If dropping off your deer at a locker, follow their directive on preparation. Public Records • The forms completed by owners and hunters are public records with limited exception such as driver license information. s Item Number: 6.c. CITY OF IOWA CITY COUNCIL ACTION REPORT November 4, 2024 Resolution authorizing the procurement of consulting services to comprehensively update the City's Comprehensive Plan. Prepared By: Anne Russett, Senior Planner Reviewed By: Danielle Sitzman, Development Services Coordinator Tracy Hightshoe, NDS Director Geoff Fruin, City Manager Fiscal Impact: Funds are available in account number 10610620-432060 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Final Agreement Executive Summary: The Comprehensive Plan serves as the foundational land use vision for the community. This update is called for in the Iowa City Strategic Plan and will help to ensure we have a Comprehensive Plan that embraces the values of the community and assists us in meeting housing, climate action and other strategic goals. Background /Analysis: Iowa City's Comprehensive Plan (IC2030) establishes a roadmap for directing growth and change over time. It establishes the high-level land use policy vision that informs and guides decisions related to the built environment. It includes goals, policies, and strategies, as well as a Future Land Use Map for the entire city. There are several plans that are components of the Comprehensive Plan, including district plans, master plans, the Historic Preservation Plan, and City/County Fringe Area Agreement. Together, along with IC2030, these plans make up the city's Comprehensive Plan. There are several outcomes that staff seeks to achieve by developing a new community vision for growth and development within the City. These include a new plan that places equity, climate change and housing at its core; an inclusive public outreach process that uses varied methods of engagement to drive participation that is more reflective of the City's demographics; and updated analyses, including a regional housing needs assessment. The City received two proposals. The City selected Confluence due to their comprehensive planning experience, responsiveness to the City's proposal, and technical analyses. Confluence has a local office in Des Moines. Confluence will start after an agreement is executed. We anticipate the process to take approximately 18 months. CONSULTANT AGREEMENT This Agreement made and entered into this the 4th day of November 2024, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Confluence, Inc of Cedar Rapids, IA hereinafter referred to as the Consultant. Whereas the City of Iowa City Neighborhood and Development Services Department released Request for Proposal 24-12 to evaluate potential consultants who could provide a Comprehensive Plan Update. Whereas the City of Iowa City's Comprehensive Plan was adopted in 2013 and requires an update to prevent the plan from becoming outdated in respect to the City's current priorities. 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 update the City's Comprehensive Plan and to do so in a timely and satisfactory manner. The work shall be done consistent with the scope and specifications established in Request for Proposal 24-12 Comprehensive Plan Update, the Consultant's Comprehensive Plan Update Summary of Additional Public Engagement Options, The Consultant's updated Project Schedule, and The Consultant's Supplier Response. The following documents are incorporated herein in their entirety. These documents dictate the terms of this Agreement. In the event of conflict between the documents, the earlier-listed document shall prevail (e.g. #1 takes precedence over #2). 1. This Consultant Agreement 2. The Consultant's Updated Project Schedule attached as Exhibit A. 3. The Consultant's Comprehensive Plan Update Scope of Services attached as Exhibit B. 4. Request for Proposal 24-12 Comprehensive Plan Update attached as Exhibit C. 5. The Consultant's Supplier Response attached as Exhibit D. II. TIME OF COMPLETION The Consultant shall complete the phases of the Project in accordance with the schedule shown in Exhibit A. III. COMPENSATION FOR SERVICES The City shall pay the consultant a total not to exceed price including reimbursable expenses of $332,900.00. The City shall pay the consultant monthly based on the percentage completed for each of the following Phases except for Phase 6, which will be paid as the expenses occur throughout the project: Phase 1 Existing Conditions and Analysis, $102,100.00. Phase 2 Public & Stakeholder Engagement, $104,800.00. Phase 3 Establishment of Vision & Goals and Key Recommendations, $10,700.00 - 2 - Phase 4 Draft Plan + Evaluation, $95,100.00. Phase 5 Final Plan + Adoption, $10,700.00. Phase 6 Website, Travel, and Printing, $9,500.00. IV General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 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 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 "lump sum" amount listed in Section III. The City may terminate this Agreement upon seven (7) 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 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. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data 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. I. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional affixed thereto as required by Iowa law. - 3 - J. 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. K. 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. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges 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. O. Indemnification. 1. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub-consultants, and others for whom Consultant is legally liable, and the term "City" - 4 - means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance 1. 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 in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non-renewal or cancellation notice. Q. Standard of Care. 1. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. 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 Exhibit A The Consultants Updated Project Schedule 0 C N Q N O � N O N a iO W N NMI , IM IM ' ' HIM 11M , MM HH c N N O N U N W N aN 6 A ' N N W Z N N U N ON fl N W O N N 0A N � N Q N a T� O ' N _ o H r N o V ' N o a O M N m N O O E Q N V \ L N W m N N c o d a N w O W N Z o J N a 0 N W LA U N Z 0 N W O O O W _ ° N = d z N Ld O U N O 2 O N Z zZ o u 0 N u N W a + F u zv G v a O w c m Z _ v c �' C a3i a s O N > 3 Y � . E Y Z .> G N 7 J N CC hq O w N J lfl .3 N F N O '^ o 3 Q C c Z c v - F v O J s O> Y Ea o ° a + avp nio u a v a o m m u lz o >, E E aci W v c �' v o v E E 0 v a S uw Z u a ;� .� °c° S E E '-^ '-^ N C v v o LL °1 -o ' j v E 0 j m LL 3 a3i cn O Y m E v _ s m m N 0 v + N O �o w O in v' Q N '^ + S o a�i O a c d 0 3 N W Y O L N W E -O -O C C W N W 3 Y C F L F C C T �! T L C = a N UI W UI W N UI Y -p Q c UI N Z °E' -o = a -o ° > > �, Y E c v .E > 3 .� v w o o Y + c .3 v o_ c O S co c V - 3 cp c V c c c Q ho ai O -o o m _o Q O - O o m + N u m `° T c c _o >' >' T v o o_ o h a v a C S no 2 > -p a`°i Q o a3i a3i v `-' c Z v m + no = O v, no c Y ut aci S m > = c ai Q c E a .> i� a°1i w v >,.� .� ¢ u w v a v vo `0 m m E a u m ago E a a o - 0 h c o�% Y o u m m ? ai u u u v .E -p O W v .N N Q o E v N W c c -p c c Q Q U c c m no cq cq m E o " > af' 0 pu E + cco m m O m m v Z � wu E a m lJ 3 l7 ,� in in O c c c d W m E a°Qi m u _ v C c .c a a a a u p O a Y N m u u N $ $ ._ W - c lJ - N E N N nl Y > N iD iD ._ 'Q W T O- C N N N N N C Y N O '� N N XXX N C O N �y a V Y CC 0 vl 0] a W y� W = lJ vl vl vl a a a �y a Y 0 � a 0 0 vl 0 0 a LL a u LL N m a lfl iD h W c� O W N m 7 lfl iD h W O� N m N m 7 lfl iD h W = N N N N N N N N N = m m m 7 7 7 7 7 7 7 7 = 7 P P a a a Exhibit B Comprehensive Plan Update Scope of Services CONFLUENCE Exhibit B October 8, 2024 SCOPE OF SERVICES PHASE 1: EXISTING CONDITIONS ASSESSMENT TASK 1.1 / Pre-Kick-Off Meeting with City Staff The Consultant Team will hold a meeting with City staff to review the project scope and meeting dates,discuss the agenda items, and prepare for the Project Kick-Off Meeting. We will also discuss and finalize plans for the Community Engagement Plan. TASK 1.2/Community Engagement Plan The Consultant Team will work with City staff to finalize a Community Engagement Plan that identifies the engagement methods to be used in the planning process to connect with a diverse cross- section of the Iowa City community, as well as all preliminary dates and times for each meeting or activity. Every effort will be made to follow this schedule with the understanding that flexibility may be needed based upon new discoveries, events, or conflicts. Critical to our engagement plan will be a focus on reaching out to under-served populations, including low-income residents and minority populations. Project Branding. The Consultant Team will collaborate with City staff to develop a logo, confirm the plan name, and document style guide to brand this plan update. The branding will include a color scheme and font selection, as well as a thoughtful name and graphic/ logo. Our team has had success in linking the Comprehensive Plan's logo and branding to the City's branding package to clearly state the plan is in association to the City's efforts and invite people to learn more. This branding will be used on all material relating to the marketing and distribution of the planning effort. Bi-Weekly Check-In Meetings. Throughout the project, the Consultant Team will hold bi-weekly video conference calls with City staff to review the project status and coordinate meetings and project deliverables. (Virtual meetings) City Council Information Meetings. The Consultant Team will provide summary information on the plan update status to periodically be shared by City staff at City Council Information Meetings. The Consultant Team can also attend 2-3 meetings to present an update to the Council as may be desired by the City at each phase of this project. (2-3 in-person meetings) TASK 1.3/ Kick-Off Meeting with Comprehensive Plan Steering Committee The Consultant Team will facilitate an in-person Project Kick-Off Meeting with City staff and the Steering Committee (SC). The purpose of this meeting is to: • Review the project scope, schedule, Community Engagement Plan, and key meeting dates (including future Steering Committee meeting dates and meeting formats: in-person, virtual, or hybrid. • Review the roles and responsibilities of the Steering Committee. • Identify key stakeholders and desired public input process and outcomes. • Review the major chapters and elements of the current plan, goals, and desired focus areas for the plan update. October 8, 2024, Page 3 of 12 CONFLUENCE Exhibit E October 8, 2024 Our team is flexible on the size of the Steering Committee but generally have found the most success is groups of around 20-25 for this size of community. Beyond that size, it becomes more intimidating for members to speak freely in response to data and plan drafts put in front of them. TASK 1.4/ Review of Existing Plans The Consultant Team will work with City staff to review all existing plans, policies and documents used by Iowa City today. Each document will be summarized and recommendations for improvement or change will be given, as needed.We will thoroughly review the existing Comprehensive Plan and work with staff to determine the implementation steps or actions completed since the previous plan adoption. We will also work to identify which goals have not been completed and evaluate why, so that similar pitfalls can be avoided in this update. TASK 1.5/ Data Gathering and Existing Conditions Analysis Our team will gather the best available data to evaluate the existing conditions of the community. Analysis will cover many topics including: • Recent local and regional planning work • Demographics and Population Projections • Land Use and Zoning • Housing • Economic Development • Historic and Natural Resources • Open Space and Recreation • Transportation • Public Facilities, Services, and Infrastructure Our team will overview the results of the existing conditions analysis using attractive and easy to understand charts, tables, maps, photographs, and infographics. TASK 1.6/Statistically Valid Community Survey TASK 1.6.1: Statistically Valid Community Survey Review and Prep The Consultant Team will work with ETC Institute to create a preliminary draft Community Survey (15-20-minute survey, up to 6 pages) and cover letter for review with City staff. (Virtual meeting) TASK 1.6.2: Statistically Valid Community Survey After approval of the draft Community Survey, ETC Institute will print and mail up to 4,000 surveys and 4,000 postcards. The goal will be to obtain completed surveys from approximately 300 residents. These surveys can be completed by mail or online. The cover letter will be translated into Spanish,Arabic, Mandarin,and French with instructions on how to complete the survey online or by phone in the recipient's preferred language. The process to design,administer,analyze, and prepare a final report for this survey is anticipated to take 4-months.The final report will include: • Formal report that includes an executive summary of the survey methodology and a description of major findings. • Charts and graphs that show the overall results of each question on the survey. October 8, 2024, Page 4 of 12 CONFLUENCE Exhibit B October 8, 2024 • Benchmarking analysis showing how the City compares to other communities - if applicable. • Priorities-Investment Rating or Importance-Satisfaction analysis thatwill identifythe items that should receive the highest priority for investment from the City. • Tabular data that shows the results for each question on the survey, including open ended questions. • Bar chart showing the demographic make-up of the survey respondents along with the demographic make-up of the City as a whole. TASK 1.7/ Build-Out Analysis Our team will complete a Build-Out Analysis to estimate how land could be developed following the Future Land Use Plan and supporting zoning districts. 3D land use definitions will be created to help illustrate each of the proposed land use categories in the Future Land Use Plan in SketchUp. We will create 3D models of existing conditions for select master plan locations. Design guides and principles will be applied to the 3D models.This can show: • Scale and density of development. • Building height • Land uses. • Streetscape, site, and building improvements. • Traffic and pedestrian assessments • Public infrastructure The estimated number of units and building square footages per developed acre will then be compared to undeveloped and key infill locations throughout the planning boundary to determine development capacity and needed infrastructure improvements to support growth. Our team will then perform separate analyses for population and employment projections to determine growth for Iowa City through 2050. These results will be compared to the results of the build-out analysis to evaluate how well the minimum and maximum amount of growth is accounted for currently. Later, this information will be used to assess scenario planning and an updated Future Land Use Plan. TASK 1.8/ Project Website Launch After project branding(name/logo) is identified, our team will create a project website using the Social Pinpoint platform. During Phase 1, this website will serve as an information management tool about the planning process and schedule. Later, engagement activities will be added to the site. TASK 1.9 / Existing Conditions Analysis Review Meeting with Comprehensive Plan Steering Committee Our team will present to City staff and the Steering Committee an overview of our team's analysis of the previous plans, existing conditions, and anticipated trends including: • A preliminary assessment of issues and opportunities • Community profile with population and housing analysis • An employment and economic analysis • A preliminary transportation assessment • Results of the Build-Out Analysis October 8, 2024, Page 5 of 12 CONFLUENCE Exhibit B October 8, 2024 TASK 1.10/Existing Conditions Analysis Review Joint Workshop with Planning Commission and City Council Our team will conduct a workshop with the Planning Commission and City Council to review the project goals and scope, as well as the analysis previously provided to the Steering Committee in Task 1.8. TASK 1.11 / Existing Conditions Assessment Report Our team will create an Existing Conditions Assessment Report for City staff to review.The report will include a summary of all existing conditions analysis covered in Tasks 1.4-1.6.This can be used either as a chapter within the report or as an appendix. Phase 1 Project Deliverables: • Project Branding and Guide • Community Engagement Plan • Project Website Launch • Build-Out Analysis Methodology and Results Summary • Existing Conditions Assessment Report PHASE 2: PUBLIC &STAKEHOLDER ENGAGEMENT TASK 2.1 / Engagement+ Publicity Review with City Staff The Consultant Team will meet virtually with City staff to review the dates and locations for public engagement events planned in Phase 2 and options for publicity and review the online engagement website. The Consultant Team will provide graphics for posting to City social media sites, yard signs, sidewalk stickers, municipal bill stuffer, flyers, and posters as may be desired. (Virtual meeting) Translation and Interpretation Services Our team will partner with a translation services organization to provide in-person interpretation services for a selection of public input meetings, stakeholder interviews, or focus groups. We could also translate key project documents or summary reports. Translation for the entire updated Comprehensive Plan would need to be determined at a later date(to be utilized during Phases 2 and 4). TASK 2.2/ Interactive Engagement Activities on Website At the start of Phase 2,the Consultant Team will update the Social Pinpoint project website to facilitate online engagement.We would anticipate using a mapping activity, as well as an interactive idea board to help capture input on the site.This same site will host surveys and image voting and will be updated as part of Phase 4 to reveal the draft plans and seek public input.This website will be closed after the conclusion of this project. TASK 2.3/Community Listening Sessions Early in Phase 2, the Consultant Team will hold a series of public listening sessions to gain initial feedback from the community on areas of focus for the plan update. The intent of this effort is to October 8, 2024, Page 6 of 12 CONFLUENCE Exhibit B October 8, 2024 identify specific issues and items to poll the community as part of the Neighborhood Public Workshops later in this phase. (5 in-person, public events) TASK 2.4/Stakeholder Interviews + Focus Groups Our team will conduct key stakeholder interviews and small focus group meetings. We will ask for assistance from City staff and the Steering Committee to identify community stakeholders that can help us setup focus group meetings and connect with segments of the Iowa City population that might not otherwise participate in the planning process, including low-income residents and minority populations. These one-on-one or small group settings can be especially useful in creating relationships with more vulnerable populations or populations that have historically been left out of planning processes. Our goal would be to start conversations with individuals that can be gateways and advocates for different minority groups throughout the community. Additionally, we would want to meet with interested Committees working in Iowa City, such as the Climate Action Committee, Housing and Community Development Commission, and others. These focus groups allow their collective voices and views to be shared with the team. TASK 2.5/Strategic Opportunity Charettes Our team will facilitate two strategic opportunities charettes for a select group of residents, committee/commission members, elected officials, or staff. We would work with the City to identify the best group and focus area. This interactive visioning exercise would be held to identify strategic opportunities for Iowa City as a whole or special neighborhoods or subareas. The results of this charette would directly impact the creation of strategic opportunity maps for the planning effort as well as influence the Future Land Use Plan and other implementation strategies. TASK 2.6/Special Events We will attend five community events and set up a pop-up booth to advertise the planning process and collect additional input.Our team has a large Confluence themed tent that can be set up atvarious indoor and outdoor community events. Pop-Up Event Booths Our team can set up an engagement booth at community events, such as the Iowa City Farmers Market or Friday Night Music Concert Series. These pop-up events can be used to advertise the planning process and collect additional input. Box City Event Our team will coordinate the hosting of a Box City event either with a local elementary school or the library. This event uses arts, crafts, and various shaped boxes to help kids get involved in community visioning. We set up a base community with streets, a river, and trees and encourage kids to fill out a"building permit", design, and place their desired development within the community. This allows kids to feel engaged and can help bring busy parents into the fold. Youth Workshop Our team will host a youth-specific workshop with a group of high school-aged students to hear more about their ideas for Iowa City as future homeowners and businessowners.We would ask for City staff or Steering Committee assistance to connect us to the right group of young people. October 8, 2024, Page 7 of 12 CONFLUENCE Exhibit B October 8, 2024 TASK 2.7/ Public Meeting How-To Guide Our team will create engagement activities and a how-to guide for public meetings that can be used by City staff to attend additional community events throughout the planning period. These how-to guides could also be distributed to other community groups that wish to collect public input in different group settings throughout the community.We would provide all of the engagement material and provide handouts to help guide facilitation.This allows even more diverse groups to be heard in a comfortable setting. TASK 2.8/ Public Visioning Neighborhood Workshops The Consultant Team will facilitate structured Public Visioning Workshops spread out across the City and planning boundary to identify key issues, priorities,opportunities, and preferences that will guide the direction of the plan update. The workshop will include a project overview session to review the findings of our initial data collection and research. Prior to commencing the community input activities, we will provide a brief"Planning 101" to explain what a Comprehensive Plan is, how it is used, and how it will impact them. A series of hands-on engagement boards and activities will be provided to help generate an overall vision for Iowa City and key project goals. This will include dot exercises,visual preference boards, land use puzzle activity, and more. (5 in-person meetings) Task 2.9 / Public & Stakeholder Engagement Review with Comprehensive Plan Steering Committee Following these various public and stakeholder input meetings, the Consultant Team will meet with the Steering Committee to share all of the information gathered from the various engagement activities conducted to date. The purpose of this meeting is to review the ideas generated by the stakeholders and community members and set the preferred direction of the Comprehensive Plan. Our team will brainstorm a possible vision statement and project goal ideas with the Steering Committee based upon the summary presentation of input received. This feedback will be used in Phase 3 to create vision, goals, and key recommendations for the plan. Phase 2 Project Deliverables: - Public Meeting How-To Guide+ Materials - Public&Stakeholder Engagement Summary Report PHASE 3: ESTABLISHMENT OF VISION &GOALS AND KEY RECOMMENDATIONS TASK 3.1 / Project Goals and Vision Statement Based upon our review of the existing conditions analysis and public input completed during phases 1 and 2, our team will identify a series of project goals and a vision statement. TASK 3.2/ Key Recommendations Summary Report Our team will prepare a key recommendations summary report for the City to review prior to the writing of the new comprehensive plan. The key recommendations summary report will identify the overarching ideas that will lead the plan formation and creation. Project goals and the vision statement from Task 3.1 will also be included within the report. The draft report will be delivered to the City and our team will wait for feedback and confirmation before moving forward on various plan draft elements. October 8, 2024, Page 8 of 12 CONFLUENCE Exhibit B October 8, 2024 TASK 3.3/ Department Head Key Recommendations Review Meeting Our team recommends a meeting with department heads and other key City staff to review the key recommendations draft report. This meeting could get all City departments on the same page and identify any missing links or issues areas before draft plan writing. It would also give other departments an opportunity to lobby for different ideas or recommendations to be included in the draft plan. Phase 3 Project Deliverables: - Project Goals and Vision Statement - Key Recommendations Summary Report PHASE 4: DRAF PLAN + EVALUATION TASK 4.1 /Vision + Scenario Analysis and Future Land Use Plan Our team will build upon the lessons learned in the Build-Out Analysis, overall existing conditions analysis, and public input overview to create a series of scenarios for future growth.These scenarios will present different development patterns, densities, transportation networks, and land use mixes. The exact nature of the scenarios will be dependent on the yet to be completed analysis and outreach. Our team will create maps that visualize the key concepts of each scenario and will summarize the likely development potential based on the results of the Build-Out Analysis, updates to the Future Land use definitions, and any zoning amendment recommendations. Our team will work alongside City staff to create a set of scenarios that will then be presented to the Steering Committee for review and comment. The preferred scenario(s) will be used to help inform draft writing to further support the vision laid out in the preferred scenario. TASK 4.2/ Planning Frameworks Our team will work with City staff to create updated Planning Frameworks for desired development types that incorporate 3D representations similar to those used in the Build-Out Model and Scenario Planning. These planning frameworks can include community nodes/centers, corridors, employment centers, and others, as identified in the RFP. Our team will create a standard 3D representation of these typologies alongside recommendations and best practices to implement the vision. Our team will recommend specific areas within the current city limits or planning boundary for which these would be applicable for future growth and development. TASK 4.3/ Draft Plan With the key recommendations report completed, our team will then begin drafting the new plan.The exact chapters will be decided based on public input and coordination with City staff, however, at a minimum it will address the items listed in the RFP and cover the following topics: land use, economic development, transportation, housing, infrastructure and utilities, parks, recreation & open space, community character, and implementation strategy. The draft plan will be completed in sections and sent for review. This will help create a better, more responsive, and thorough planning process overall. Draft plan sections will be sent to City staff for review and initial feedback prior to being shared with the Steering Committee. TASK 4.4/ Draft Plan Review with Steering Committee October 8, 2024, Page 9 of 12 CONFLUENCE Exhibit B October 8, 2024 Our team will present elements/chapters of the draft Comprehensive to the City staff and Steering Committee, record feedback and comments, and update and modify the drafts as requested. We anticipate three to four meetings with the Steering Committee to review the plan draft. (3 to 4 meetings, in-person) TASK 4.5/Stakeholder Interview+ Focus Groups Follow-Ups Once a draft plan is completed, our team will reach out again to key stakeholder interviews and small focus group meetings held in Phase 2. During these follow-up discussions, our team will overview the draft Comprehensive Plan and discuss plan elements that are relevant to each interviewee or focus group. The ultimate goal of this would be to create plan champions that assist with supporting adoption of the plan as well as lead community-led aspects of implementation. TASK 4.6/ Draft Plan Public Open House Our team will present the draft Comprehensive Plan at four Public Open Houses to be held over an afternoon and evening utilizing story boards to explain the different plan elements and chapters.This draft will be posted to the online engagement site to allow for a general public review and comment period. Task 4.7/ Draft Plan joint Workshop with Planning Commission and City Council The Consultant Team will present an overview of the draft Comprehensive Plan update to the Planning Commission and City Council and provide a review of the public comments from the Public Open House and the general public comment period. Our team will record feedback and update and modify the draft as requested. Task 4.8/ Public Comment and Review Period A full copy of the draft plan and the Future Land Use Plan could be uploaded to the project website. A follow-up survey or comment box will be created to collect comments about the draft. We could additionally upload the entire draft to the Adobe Cloud and allow for comments directly onto the draft PDF document.This feedback would be collected and recommended changes would be presented to City staff. Phase 4 Project Deliverables: - Draft Plan -Summary of Public Comments and Recommended Updates PHASE 5: FINAL PLAN +ADOPTION TASK 5.1 / Final Draft Plan The Consultant Team will prepare a final draft of the Comprehensive Plan and submit it to City staff for review and comment. We will address City staff comments and submit a revised final draft to City staff. TASK 5.2/ Planning Commission Public Hearing The Consultant Team will attend the Planning Commission Public Hearing for the review and recommendation on the adoption of the Comprehensive Plan. We will assist the City staff with the presentation of the Plan and will make subsequent revisions to the Plan as may be requested by the Commission and submit updated copies to City staff. October 8, 2024, Page 10 of 12 CONFLUENCE Exhibit B October 8, 2024 TASK 5.3/City Council Public Hearing The Consultant Team will attend the City Council Hearing for the review and approval of the Comprehensive Plan. We will assist the City staff with the presentation of the Plan and will make subsequent revisions to the Plan as may be requested by the Council and submit updated copies to City staff. TASK 5.4/ Final Plan Deliverables Upon adoption of the new Comprehensive Plan,our team will work with the City to assist with printing and final product deliverables including the following: • A complete final draft of the Comprehensive Plan ready for adoption by the City, including all exhibits and attachments. • Electronic copy of all digital files and data used in the creation of the Comprehensive Plan including GIS files, Word, InDesign, Office documents and data, photographs, and other graphics. • An executive summary(or similar document) useful to the development community. • Ten (10) bound hard copies of the adopted Comprehensive Plan. • Data, analysis, and all sources used to create the Comprehensive Plan, including but not limited to, spreadsheets, mapping(ESRI format); and, • Quote for an online version of the adopted Comprehensive Plan. October 8, 2024, Page 11 of 12 Exhibit C Request for Proposal 24-12 Comprehensive Plan Update RFP 24-12 Exhibit C i � q CITY OF 10WA CITY U NESCO C IT' OF LIT ETU RE RFP24-12 Comprehensive Plan Update Issue Date: 4/23/2024 Questions Deadline: 5/13/2024 12.00 AM (CT) Response Deadline: 5/23/2024 02.30 PM (CT) Purchasing Contact Information Contact: Theresa Vanatter Address: 410 E Washington St IOWA CITY, IA 52240-4525 Page 1 of 14 pages Deadline:5/23/2024 02:30 PM (CT) RFP24-12 RFP 24-12 Exhibit C Event Information Number: RFP24-12 Title: Comprehensive Plan Update Type: Request for Proposal FY24 Issue Date: 4/23/2024 Question Deadline: 5/13/2024 12:00 AM (CT) Response Deadline: 5/23/2024 02:30 PM (CT) Notes: The City of Iowa City is requesting proposals from qualified vendors to provide a: Comprehensive Plan Update Proposals must be submitted online via Ion Wave. Faxed, emailed and hard copies of proposals will not be accepted. All questions and clarifications regarding this Request for Proposal will be accepted until May 13, 2024 at noon (CT) by submitting your questions through Ion Wave. All questions must be in writing in order to receive a response. Bid Attachments A - General Requirements and Instructions to Vendors.pdf ON • Appendix A B - General Terms and Conditions.pdf • Appendix B C -Wage Theft Affidavit.pdf • Appendix C D - Contract Compliance Document.pdf • Appendix D E - Sample Consultant Agreement.pdf ON • Appendix E Requested Attachments Proposal (Attachment required) General Terms and Conditions Exceptions Upload only if you have exceptions Completed Wage Theft Policy (Attachment required) Page 2 of 14 pages Deadline:5/23/2024 02:30 PM (CT) RFP24-12 Bid Attributes RFP 24-12 Exhibit C 1 No Contact Policy A. Code of Silence: 1. No City Representative other than the contact listed under Bid Contact Information should be contacted regarding this Request for Proposal beginning with the issue date of the Request for Proposal and ending with the issuance of the Purchase Order. 2. Any contact initiated by the vendor or by a City representative, other than the Purchasing Division representative listed herein, concerning this Request for Proposal is strictly prohibited. Any such unauthorized contact may cause the disqualification of the vendor from the procurement transaction. ❑ 1 have read, understand, and agree to these terms (Required: Check if applicable) 2 Definitions A. Definitions for this Request for Proposal. 1. The City/City: Indicates the City of Iowa City. 2. May: Indicates something that is not mandatory but permissible, desirable, or preferred. 3. Point of contact or principal contact: Is the vendor's representative available for all questions pertaining to the vendor's response to this Request for Proposal. 4. RFP: Stands for Request for Proposal. 5. Shall or Must: Indicates a mandatory requirement. Failure to meet a mandatory requirement may result in a rejection of your proposal or cancellation of any subsequent contract. 6. Should: Indicates something that is recommended but not mandatory. 7. Vendor: Proposer submitting a response to this Request for Proposal. ❑ 1 have read and understand (Required: Check if applicable) 3 Contract Term A. This contract start date will occur near July of 2024 and will conclude on a negotiated date. Staff estimates the term of the contract will be approximately 18 months. B. Pricing shall be firm from the date stated on the contract purchase order. No price escalation will be allowed during the original term of the contract. ❑ I have read and understand these terms. (Required: Check if applicable) Page 3 of 14 pages Deadline:5/23/2024 02:30 PM (CT) RFP24-12 4 Required Attachments and Exceptions RFP 24-12 Exhibit C A. From the Attachments tab download and review the following required documents. 1. Appendix A-General Requirements and Instructions to Vendors. 2. Appendix B-General Terms and conditions. 3. Appendix C-Wage Theft Affidavit(Please sign and upload your completed Wage Theft Affidavit to the Response Aftachments tab). 4. Appendix D -Contract Compliance Form (To be completed by awarded vendor only). 5. Appendix E-Sample Consultant Agreement B.Vendors are required to inform themselves of all requirements of this Request for Proposal. Failure to do so is at the vendor's own risk. If a vendor does not clearly demonstrate and provide documentation substantiating that they are compliant with the qualifications and specifications of this Request for Proposal, they may be disqualified. C. Exceptions and Contract Negotiations. 1. Exceptions may not be added after the Request for Proposal due date. 2. If your company has no exceptions/deviations select"No exceptions"from the menu below. If you select"No exceptions"you may not submit your company's terms and conditions or any other list of exceptions after the due date. If you select"No exceptions"the vendor agrees that in the event of any disagreement between the City of Iowa City Terms and Conditions and the vendor's Terms and Conditions, the City of Iowa City Terms and Conditions will prevail. 3. If you have exceptions to this Request for Proposal, choose "I have exceptions"from the menu below and attach a list of your exceptions to the response attachments tab. Exceptions will be negotiated by the City of Iowa City and the vendor. Vendors with exceptions may be scored lower than vendors that have fewer or no exceptions. ❑ I have no exceptions. ❑ I have exceptions to these terms and conditions (Required: Check only one) Page 4 of 14 pages Deadline:5/23/2024 02:30 PM (CT) RFP24-12 5 Proposal Requirements RFP 24-12 Exhibit C A. Documents required to be submitted with your proposal. Vendor's submitted proposal must be organized in the sequence below. B. Pricing must also be completed in the line items section of this proposal. C. Proposals must be uploaded to the response attachments tab. D. Documents required to be submitted with your proposal: Section 1 — Executive Summary: Summarize the key points of your proposal include the following: 1. The name and contact information for the person(s) who will serve as the Principal Contact. 2. A summary of the firm's understanding of the plan including a brief restatement of the project scope. 3. A signature of the person in your firm who is authorized to negotiate terms, render binding decisions, and commit the firm's resources. E. Section 2 — Firm's Qualifications: Tell us about your team. Provide or include: 1. A description of your company's qualifications, credentials, experience, and resources as they relate to the requirements of this Request for Proposal. Give a brief overview of your company's experience dealing with projects of similar scope. 2. It is imperative that staff assigned to this project remain consistent throughout the engagement. Provide resumes of all staff assigned to the project. Include training and experience as they relate to the requirements of this Request for Proposal. Note: Staff that will be assigned to this project must be present at any subsequent interviews or presentations. F. Section 3 — Project Work Plan/Scope of Services, provide: 1. A detailed scope of work that includes a description of each task, as well as the deliverables for each task. 2. Provide a detailed time schedule. Include a scheduled time frame for completion of tasks that would begin on a mutually agreed upon date. This should include a time schedule describing the general work tasks and personnel assigned to the project. It must include estimated task/phase completion dates and key meeting/presentation dates. Staff anticipates the process, including plan adoption, to be approximately 18 months. G. Section 4 — Pricing and Project Schedule, provide: 1. A pricing schedule including milestones. The City of Iowa City is not responsible for the consultant's failure to provide information and pricing on required items. In this instance the prices submitted will prevail as the proposal. 2. A not to exceed grand total including reimbursable expenses must also be completed in the line items section of this proposal. H. Section 5 — Reference Projects. Show us your work. Provide: 1. A list of three previous clients of similar size, service area and nature, with whom the vender has provided similar services. Each listed reference should include the type and size of the client organization, and a brief description and scope of services that were provided. Include the name and contact information for each reference including a current e-mail address and phone number. ❑ 1 have read and understand (Required: Check if applicable) Page 5 of 14 pages Deadline:5/23/2024 02:30 PM (CT) RFP24-12 6 Scoring and Evaluation RFP 24-12 Exhibit C A. Each proposal stands alone and will be evaluated on its own merits by an evaluation committee in terms of meeting the City's requirements and overall responsiveness to this Request for Proposal. B. Vendors will be treated equally without regard to race, color, creed, religion, national origin, sex, gender identity, sexual orientation, disability, marital status, and age. C. Failure of the vendor to provide any information requested in the RFP may result in disqualification of the proposal and shall be the responsibility of the vendor. D. The proposal that accrues the highest point total based on a 150-point scale shall be recommended for award subject to the best interests of the City of Iowa City. Each category shall receive a point value within the specified range based on how well the proposal meets or exceeds the City's requirements. E. Point category and assigned points. Phase One - 100 points. 1. Experience, firm's resume, and personnel qualifications -20 points. 2. Compliance with the City's Terms and Conditions/Exceptions - 5 points (Proposals that contain no exceptions shall be awarded more points than those that contain exceptions). 3. Scope of work and proposed work plan, methodology and approach, community engagement, assessments and analysis, scenario planning, goals and strategies, plan document, project timeline, and deliverables - 50 points. 4. Project timeline - 15 5. Pricing fee schedule - 10 points. F. Point category and assigned points. Phase Two - 50 points 1. Interview/Presentation - 30 points. 2. References and proven success of contracts with other clients -20 points. G . Submittal of a proposal infers acceptance of these scoring techniques. ❑ 1 have read and understand these terms. (Required:Check if applicable) Page 6 of 14 pages Deadline:5/23/2024 02:30 PM (CT) RFP24-12 7 Scope RFP 24-12 Exhibit C A. The City of Iowa City is requesting proposals from qualified planning consultant firms or individual consultants to assist in updating the City's Comprehensive Plan. The desired outcomes of this process include: 1. A new plan that places equity, climate change and resiliency, and housing at its core and addresses existing disparities and prepares us for the future. 2. A public process that uses varied methods of engagement to drive participation that is more reflective of the city's demographics and ensures underrepresented groups are actively engaged in the process. A robust outreach and engagement process upfront can serve as that strong foundation for a common vision that then can be implemented in a more streamlined fashion through streamlined approvals and more by-right development allowances. This can serve the community well and result in addressing our most pressing needs (e.g. diverse housing supply) in a more timely manner. 3. A regional housing needs assessment, evaluation of current land use policy, as well as other updated analyses that will allow us to better understand changing needs, trends, and demographics. These updated analysis will help to inform the vision and land use policy direction. (Please note: The regional housing needs assessment will be completed by another vendor. The City will supply the successful vendor with the regional housing needs assessment so that they can incorporate it into the Comprehensive Plan). 4. A clear connection between the Comprehensive Plan and the City's other planning documents. Examples include the Strategic Plan, Bike Master Plan, Capital Improvement Plan, Climate Action and Adaptation Plan and others. All these plans will need to be reviewed since the Comprehensive Plan should function as the overarching policy document that incorporates and references the vision and goals of other plans as needed. 5. A new planning framework that identifies specific typologies unique enough to warrant further planning efforts. Examples include community nodes/centers, corridors, employment centers, and others. 6. Scenario planning to help residents envision and understand different development outcomes for Iowa City and what implications those choices carry into the future. Scenario planning will inform an updated Future Land Use Map of the Comprehensive Plan with land use designations that include descriptions of general intended land uses, as well as physical characteristics of the envisioned built environment. The plan will also include a land use designation table with clear descriptions and an explanation of how these designations work with the City's zoning districts. 7. An implementation program that identifies specific actions that should be pursued to implement the vision of the plan. ❑ 1 have read and understand (Required: Check if applicable) Page 7 of 14 pages Deadline:5/23/2024 02:30 PM (CT) RFP24-12 8 Background RFP 24-12 Exhibit C A. Iowa City's Comprehensive Plan (IC2O3O) was adopted in 2013 and establishes a roadmap for directing growth and change over time. The Comprehensive Plan is the guiding policy document for growth and development in the city. It establishes the high-level land use policy vision that informs and guides decisions related to the built environment. It includes goals, policies, and strategies, as well as a Future Land Use Map for the entire city. There are also several other plans that are components of the Comprehensive Plan: 1. Central District Plan, Adopted 2008 2. Downtown and Riverfront Crossings Master Plan, Adopted 2013 3. North District Plan, Adopted 2001 4. North Corridor District Plan, No plan adopted 5. Northeast District Plan, Adopted 1999 6. Northwest District Plan, No plan adopted 7. South Central District Plan, Adopted 2000 8. South District Plan, Adopted 2015 9. Southeast District Plan, Adopted 2011 10. Southwest District Plan, Adopted 2002 11. Historic Preservation Plan, Adopted 2008 12. City/County Fringe Area Agreement, Adopted 2021 B. The district plans are intended to provide more specific policy direction for unique geographies within the city. However, when not updated regularly the district plans can become outdated in their reflection of City priorities, market conditions, and general best development practices. The historic preservation plan outlines policies related to preservation. The City/County Fringe Area Agreement guides growth and development within the city's 2-mile fringe area. Together, along with IC2O3O, these plans make up the city's Comprehensive Plan. C. To view the current Comprehensive Plan visit: https://www.icaov.ora/government/departments-and- divisions/neighborhood-and-development-services/development-services/urban-planning/comprehensive-and- district-planning ❑ I have read and understand (Optional: Check if applicable) Page 8 of 14 pages Deadline:5/23/2024 02:30 PM (CT) RFP24-12 9 Specifications - Review of Existing Plans RFP 24-12 Exhibit C The consultant will collaborate with Iowa City's Urban Planning staff in the identification, development, scheduling and implementation of activities designed to update the City's comprehensive plan. Scope of work includes, but is not limited to the following: A. Review of Existing Plans: The Consultant will begin the process by reviewing all relevant existing plans, policies, and documents as provided by City staff. A short summary of these documents, including relevant recommendations, will form the basis for understanding of prior planning and decisions since the last Comprehensive Plan was adopted. City staff will work with the Consultant to determine which actions or recommendations have been implemented and which may still be relevant to bring forward to the community for input as part of the new Comprehensive Plan. Additionally, the framework established with the 2013 Comprehensive Plan was centered on the idea of district planning, which has proven challenging to implement. As part of this task, the Consultant should also review the existing framework but recognize the City is interested in the Consultant using their expertise, experience, and best practices to help define a new framework. A new planning framework should consider specific typologies unique enough to warrant further planning efforts. Examples include community nodes/centers, corridors, employment centers, and others. B. Community Engagement Plan: At the start of the Comprehensive Plan process, the Consultant will provide a proposed Community Engagement Plan that will detail how they propose to create feedback loops from community outreach activities and describe how that information will impact the Comprehensive Plan throughout the process. Iowa City considers public engagement central to the process, not an add-on. Respondents to this RFP should provide their approach to the following elements of community engagement Iowa City identifies as central to a successful plan: 1. What is your approach to ensuring the involvement of those who are traditionally under-represented in planning and government processes? How do you gauge success? 2. If your initial approach is not reaching and engaging under-represented groups in the city, how do you build flexibility into the process and budget to accommodate a shift in engagement tactics? 3. Describe your ideal size and composition of an advisory committee and your approach to engaging them in the process. 4. Describe your approach to engaging elected and appointed boards and committees throughout the planning process. What methods do you find most successful for informing these boards throughout the process? 5. For a community of this size, and the seasonality of our population, please provide an outline of the types and numbers of public engagements you would recommend facilitating an equitable and inclusive process. ❑ I have read and understand. (Required: Check if applicable) 1 Specifications - Existing Conditions Assessment U A. This task involves the documentation of demographic and socio-economic trends and existing conditions in a manner that can be easily digested by members of the community that may not be well-versed in data analysis and local planning topics. Existing conditions information should be presented using charts, tables, maps, photographs, and infographics wherever possible and focus on key trends and topics relevant to the Comprehensive Plan. B. Key topics to be addressed will be identified and may evolve over the course of the project, but are expected to include the following at a minimum: 1. Demographics: • Population Trends including population projections to the year 2050. • Changes in the population composition such as age, race/ethnicity, educational attainment, income, etc. 2. Land Use and Zoning: • Summary of current land use patterns. Current zoning diagnostics and analysis. • Inconsistencies between land use patterns and current zoning. • Relation of zoning to adequacy of infrastructure and services. Page 9 of 14 pages Deadline:5/23/2024 02:30 PM (CT) RFP24-12 • Effect of zoning regulations on marginalized populations and communities. RFP 24-12 Exhibit C • Linkages between land use and other subjects and across themes of the Plan, such as equity, housing affordability, and climate. A review of land use policies in relation to transit services should also be conducted. 3. Housing: A Regional Housing Needs Analysis is being completed as part of the City's Consolidated Plan Update. This deeper analysis can be summarized and pulled into the Comprehensive Plan to serve as the Housing Element. 4. Economic Development: • Regulatory impediments to economic development. • Assessment of industry and occupation strengths and Iowa City's target industries. • Assessment of existing incentives, regulations, policies that enhance economic development in the city. • City marketing and business recruitment efforts. • Assessing, taxing, and revenue from non-residential uses. • Evaluation of the type of jobs and workforces that exist and are needed compared to residential capacity and housing affordability. • Consideration of economic development policies through an equity lens. 5. Historic and Natural Resources: • Identification and assessment of protected natural and ecological resources. • Assessment of protections for natural and ecological resources. • Assessment of farmland and working landscapes. • Consideration of the economic or tourism benefits of historic and natural resources. 6. Open Space and Recreation: • Identification of open spaces, uses, and existing protections. • Assessment of current passive and active recreation spaces including their purpose, use, and condition. • Assessment of future recreation needs based on demographic changes and community input. 7. Transportation: • Review of existing street networks and the ability to support current vehicular and truck circulation in the community. • Review of existing sidewalk and bike infrastructure that identifies safety improvements and gap connections. • Analysis of existing public transportation services with a focus on providing mobility options to underserved communities and connecting key community assets. • Analysis of existing commuting patterns and how transportation connections to jobs may impact marginalized communities. Identifying transportation improvements to areas of new growth or more intense development in the future. Complete Streets planning and recommendations for future improvements. • An assessment of public parking assets, adequacy, polices, and regulations. • Identifying emerging trends and their impacts on mobility (micro-mobility, remote work, electric vehicles, etc.). • Evaluation of the residential density and commercial intensity that supports transit service. 8. Public Facilities, Services, and Infrastructure: • Water, stormwater, and sewer capacity and quality. • Adequacy of gas, electric, and fiber services in the city. • Assessment of if/how infrastructure and services may need to be expanded to parts of the city or annexed areas in the future, if desired. ❑ I have read and understand these terms. (Required: Check if applicable) Page 10 of 14 pages Deadline:5/23/2024 02:30 PM (CT) RFP24-12 1 Specifications -Additional Analyses RFP 24-12 Exhibit C 1 A. In addition to the existing conditions analysis, the City is also requesting the Consultant complete a Build-Out Analysis that would help inform the overall Comprehensive Plan. B. Note: A separate Regional Housing Needs Analysis will also inform the Comprehensive Plan Update. This analysis will be completed by a separate vendor concurrently with the City's Consolidated Plan Update. Although it is not a deliverable required for the City's Comprehensive Plan Update, it will need to be utilized for the update. 1. Build-Out Analysis: The City is requesting a build-out analysis as part of the Comprehensive Plan to estimate how land could be developed in the future under the current land use/zoning policy. This build-out should be compared to an assessment of residential and non-residential space demands and also include estimates of future housing units and commercial/industrial jobs. The tools used to conduct the build-out analysis should be designed in a way to facilitate testing of future scenario planning exercises as described in the next section. ❑ I have read and understand these terms. (Required: Check if applicable) 1 Specifications -Vision and Scenario Planning 2 A. As part of the process to establish the vision for Iowa City, it is expected that the Consultant will work with the Advisory Committee and community to develop up to three different scenarios illustrating different ways the city could grow and develop. The scenario planning will help to guide potential growth and/or preservation related goals and policies. It is anticipated that each scenario will be accompanied by a set of metrics the public can use to weigh benefits and drawbacks. These might include future population and employment, number of housing units needed, impacts on the transportation network, impacts on public infrastructure, etc. B. Once the preferred scenario is established through the public process, the Consultant will use that scenario to develop a vision statement from which goals, strategies, and the Future Land Use Map will be tied. ❑ I have read and understand (Required: Check if applicable) 1 Specifications - Goals and Strategies 3 A. Building from the results of the scenario planning and vision exercises, the Consultant will generate a clear set of community identified goals as a foundation for plan strategies and implementation. Building on the goals, strategies will be identified by the Consultant that will help the City achieve the goals and overall vision for the future. Strategies should be specific and maybe cross-cutting and thematic or be tied to specific elements of the Plan. Strategies should be measurable as the City moves forward with implementation to identify which had successful outcomes over time. B. Implementation: Working with relevant City departments and the Advisory Committee, organize the strategies and recommended actions into short-, medium-, and long-term time horizons based on factors such as priority, need, funding, and project development lead time. Identify the anticipated roles of City departments, as well as complementing government, institutional, and community partners. The implementation table should include a planning level order of magnitude cost for major capital efforts and larger-scale programs. It is important to the City that the implementation table includes indicators to measure success and progress over time. C. Plan Document: The Consultant will prepare a draft Comprehensive Plan document from the tasks described above. The existing conditions work will be incorporated with subsequent documentation covering the plan development process, vision, scenario planning outcome, goals, strategies, and implementation. The Plan should include a standalone executive summary that communicates the vision for the future, core themes and goals, and the most impactful strategies going forward. The Plan should also include an updated Future Land Use Map. The plan will communicate information in a visually appealing and easy to understand manner using maps, diagrams, tables, charts, photos, and graphics to supplement a concise narrative. ❑ I have read and understand (Required: Check if applicable) Page 11 of 14 pages Deadline:5/23/2024 02:30 PM (CT) RFP24-12 1 Specifications - City Responsibilities RFP 24-12 Exhibit C 4 A. City staff will assist the selected Consultant by providing the following support: 1. Assigning a contact person for the project. 2. Providing all relevant documentation to the Consultant including prior plans and reports. 3. Providing any relevant local data to the Consultant. Providing GIS layers to the Consultant. 4. Assisting with forming and scheduling the Advisory Committee. 5. Assisting with community outreach and logistics for public meetings. ❑ I have read and understand (Required: Check if applicable) 1 Specifications - Deliverables 5 A. Based on the scope of work outlined above, the Consultant will be responsible for a number of deliverables: 1. The Consultant will prepare a draft Community Engagement Plan for review and comment by City staff prior to finalizing the plan. The Consultant will also work jointly with City staff in the implementation of the Community Engagement Plan. 2. The Existing Conditions Assessments will present a review of existing relevant plans, analysis of all relevant data points, synthesis of data in written, tabular, and graphic formats, and a summary of identified challenges, needs, and opportunities from the research conducted. The City would like an executive summary of these assessments that could be pulled out and incorporated into the main body of the plan should the existing conditions chapters serve as an appendix to the overall plan document. 3. The Consultant will develop a methodology to approach the Build-Out Analysis. This methodology will be reviewed by City staff prior to moving forward with the analysis. The Consultant will prepare the Build-Out Analysis, which will be presented for review and comment by City staff prior to it being finalized. 4. The Consultant will prepare a minimum of three scenario plans. These three plans will be presented for review and comment by City staff prior to finalizing the scenarios. 5. The Consultant will prepare a draft Comprehensive Plan document for review and comment by City staff, followed by a public release of the draft plan for comment by boards, committees, and members of the public. Based on input, a final plan document will be delivered to the City suitable for print, web, and social media distribution. This is the document that will be officially adopted by the City. B. The City expects all drafts in a format that is easily editable by staff. The project schedule should allow time for an internal staff review of the draft analyses, elements, and plans. The Consultant shall provide to the City all digital files and data used in the creation of the Comprehensive Plan, including but not limited to Geographic Information Systems files and data, Microsoft Office documents and data, photographs, and other graphics. Report drafts shall be provided in digital format. No less than ten (10) bound hard copies of the adopted Comprehensive Plan shall be provided. Staff would also like to explore the creation of an online version of the Comprehensive Plan. All reports and information related to the Comprehensive Plan will be the property of the City. ❑ I have read and understand (Required: Check if applicable) Page 12 of 14 pages Deadline:5/23/2024 02:30 PM (CT) RFP24-12 1 Prohibited Interest RFP 24-12 Exhibit C 6 A. 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 B. Your firm shall identify any relationship that has existed, or presently exists with the City of Iowa City and its staff that may interfere with fair competition or may be a possible conflict of interest for either party. If no relationship has existed or does not presently exist, the company must make this statement in the space provided below (companies are subject to disqualification on the basis of any potential for conflict of interest as determined by the City of Iowa City). (Required:Maximum 4000 characters allowed) 1 Liens, Unsatisfied Judgments, Disciplinary Actions 7 A. List any and all of the following that are current, pending, or occurring in the last five (5) years in the space provided below. 1. Disciplinary actions 2. Administrative proceedings 3. Malpractice claims 4. Other like proceedings against your company or any of its personnel relating to your firm's services B. If your company has no liens, unsatisfied judgments, or disciplinary actions that have occurred you must state this also in the space provided below. (Required:Maximum 4000 characters allowed) Bid Lines 1 Total not to exceed price including reimbursable expenses to provide a XXXXXX Quantity: 1 UOM: EA Price: $ Total: $ Supplier Notes: No bid Alternate specification (Attach separate sheet) Additional notes (Attach separate sheet) Page 13 of 14 pages Deadline:5/23/2024 02:30 PM (CT) RFP24-12 Supplier Information RFP 24-12 Exhibit C Company Name: Contact Name: Address: Phone- Fax- Email- Supplier Notes By submitting your response, you certify that you are authorized to represent and bind your company. Print Name Signature Page 14 of 14 pages Deadline:5/23/2024 02:30 PM (CT) RFP24-12 RFP 24-12 Exhibit C Appendix A General Requirements and Instructions to Vendors RFP 24-12 Exhibit C General Requirements and Instructions to Vendors The general rules and conditions which follow apply to all proposals issued by the City unless otherwise specified. Vendors or their authorized agents are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting proposals; failure to do so shall be at the vendor's own risk. Request for Proposal (RFP): is defined as a request for an offer, by one party to another, of terms and conditions with reference to some work or undertaking. This document constitutes a Request for Proposal and is thus a solicitation for responses. Conversely, this Request for Proposal is not a bid and is not governed by state or federal bidding requirements. Moreover, any acceptance of a proposal shall not result in a binding contract between the City and the vendor, but instead will simply enable negotiations to take place which may eventually result in a detailed and refined agreement or contract between the vendor and the City. "Proposal date" as referenced herein shall mean the local date and time specified in the proposal documents. 1. Conditions for Proposing A. No Contact Policy. All questions regarding this Request for Proposal must be in written form and must be submitted to the Purchasing Division, as stated above. After the date and time established for receipt of proposals by the City, any contact initiated by the vendor or by a City representative, other than the Purchasing Division representative listed herein, concerning this Request for Proposal is prohibited. Any such unauthorized contact may cause the disqualification of the vendor from the procurement transaction. Unless authorized by the Purchasing Division, no other City official or City employee is empowered to speak for the City with respect to this acquisition. Any vendor seeking to obtain information, clarification, or interpretations from any other City official or City employee other than the Purchasing Division is advised that such material is used at the vendor's own risk. The City will not be bound by any such information, clarification, or interpretation. Following the Proposal submittal deadline, Vendors shall not contact the Purchasing Division or any other City employee except to respond to a request by the Purchasing Division. B. Completeness/Authorization of Proposal. vendor shall supply all information and submittals required by the proposal documents to constitute a proper proposal. The proposal shall clearly state the legal name, address, telephone number, and email of primary contact (signer) of the vendor. The proposal shall be signed above the typed or printed name and title of the signer. The signer shall have the legal authority to bind the vendor to the proposal. C. Bid Deadline/Opening. Vendors shall be responsible for taking whatever measures are necessary to ensure that the bid is entered and submitted to the Ion Wave website on or before the local time and date specified. The City shall not be responsible for, and will RFP 24-12 Exhibit C not consider, any bid not submitted through the Ion Wave website. This includes but is not limited to faxed bids, e-mailed bids, shipped bids, mailed bids, or hand delivered bids. Bids can be withdrawn through the Ion Wave website before the specified opening date. Vendors and/or their authorized agents may be present if a formal bid opening is held, at which time all bids shall be opened, and cost data read aloud. Due to public health concerns surrounding a pandemic, bid openings may not be open to the public. If this occurs, bids will be opened and read verbally over the phone until all bids have been opened. If you wish to participate in this bid opening contact the representative in charge of this bid event. Bids received after the time and date specified on the request for bid will not be opened and will not be considered for award. D. Receipt of Proposals. Unless otherwise required by the Iowa Public Records law, during the process of negotiations, no proposals shall be handled so as to permit disclosure to competing Vendors of the identity of the vendor with whom the City is negotiating or the contents of the proposal. E. Proposals Binding 120 Days. Unless otherwise specified, all formal proposals, including any negotiations, submitted shall be binding for one hundred and twenty (120) working days following the due date for the proposal or negotiations, unless the vendor(s), at the City's request, agrees in writing to an extension. F. Multiple Proposals. Vendors may submit more than one proposal, provided the additional proposal or proposals are properly submitted on the proposal forms or in the proposal format. G. Competency of vendor. No proposal may be accepted from or contract awarded to any person, firm or corporation that is in arrears or in default to the City of Iowa City upon any debt or contract. Prior failure of a vendor to perform faithfully on any previous contract or work for the City may be grounds for rejection. If requested, the vendor shall present evidence of performance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with the terms of these proposal documents; such evidence shall be presented within a specified time and to the satisfaction of the City. H. Collusive Proposing. The vendor certifies that the proposal is made without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same project, without prior knowledge of competitive prices, and that the proposal is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. I. Equal Employment Opportunity. All Vendors are subject to and must comply with the provisions of the City's Equal Employment Opportunity policy and applicable local, state and federal antidiscrimination laws. All City contractors, subcontractors, vendors or consultants with contracts of$25,000 or more (or less, if required by another RFP 24-12 Exhibit C governmental agency) must abide by the requirements of the City's Contract Compliance. Emergency contracts are exempt from this provision. J. Samples/Literature Required. When required, each Vendor shall submit samples and/or catalogs, descriptive literature, detailed drawings, and other information necessary to fully describe the proposed commodity or service. Vendor shall bear the cost of and make arrangements for the delivery and removal of samples to the specified location. The City may retain awarded Vendor's samples until delivery of contracted commodities and/or service has been completed and accepted. Unsuccessful Vendors shall remove samples as soon as possible after bid award. The City shall not be responsible for such samples if not removed by the Vendor within thirty (30) calendar days after the award has been made. K. Wage Theft. All City contractors with contracts of$25,000 or more must abide by the requirements of the City's Wage Theft Policy. Pursuant to the Wage Theft Policy, the City will not to enter into certain contracts with, or provide discretionary economic development assistance to, any person or entity (including an owner of more than 25% of the entity) who has admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages, for a period of five (5) years from the date of the last conviction, entry of plea, administrative finding or admission of guilt. The Wage Theft Policy does not apply to emergency purchases of goods and services, emergency construction or public improvement work, sole source contracts excepted by the City's purchasing manual, cooperative/piggyback purchasing or contracts with other governmental entities. L. Bid Summary. Summary of bid award made will be posted to the Ion Wave web-site at https://icgov.ionwave.net/Login.aspx M. Bid Security. When required, no proposal shall be considered unless accompanied by either of the following forms of bid security: 1) A certified or cashier's check drawn on a solvent Iowa bank or a bank chartered under the laws of the United States, or a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, in an amount equal to a minimum of five percent (5%) of the bid, or 2) A bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in a penal sum of a minimum of five percent (5%) of the bid. The bid security shall be made payable to the Treasurer of the City of Iowa City, and shall be forfeited to the City of Iowa City as liquidated damages in the event the RFP 24-12 Exhibit C successful Vendor fails to enter into a contract within fourteen (14) calendar days and, when required, post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said work, if required, pursuant to the provisions of the bid documents and other contract documents. The amount of the check, draft or bond shall not constitute a limitation upon the right of the City of Iowa City, Iowa, to recover for the full amount of such damage. Security deposits of the lowest two (2) or more Vendors may be retained pending contract award or rejection. All other security deposits will be returned promptly. 2. Specifications A. Formal Specifications. The vendor shall abide by and comply with the true intent of the specifications (i.e., not take advantage of any unintentional error or omission and bring this information to the attention of the City). Whenever mention herein is made of a service to be provided in accordance with laws, ordinances, building codes, underwriters' codes or similar expressions, the requirements of these laws, ordinances, etc., shall be construed as the minimum requirements of the specifications. The absence of a written list of deviations submitted with the proposal shall hold the vendor strictly accountable to the City and to the specifications as written. Any unauthorized deviation from the specifications may be grounds for rejection of the service when delivered. B. Proposed Alternate. When an item is identified in the bid document by a manufacturer's name or catalog number, it is understood that the vendor proposes to furnish the commodity and/or service so identified by the City unless the vendor specifically proposes an alternate. In bidding on a proposed alternate, the vendor shall clearly state on his/her bid exactly what he/she proposes to furnish, and forward with his/her bid, a complete description of the proposed alternate, including brand, model number, drawings, performance and test data, references, and any other information necessary for a complete evaluation. vendor shall include a statement setting forth any changes in other materials, equipment, or other work which would be required by incorporation of the proposed alternate. The burden of proof of the merit of the proposed alternate is upon the vendor. The City's decision to approve or disapprove of a proposed alternate shall be final. C. Qualifications, Credentials and References. The vendor shall provide a description of qualifications, credentials, experience, and resources as they relate to the provision of the proposal. The vendor shall also provide a list of clients for whom similar work has been performed within the last two years, including the firm, contact person, address, and phone number of each contact person. D. Addendum to Specifications. Any substantive interpretation, correction or change of the bid documents shall be made by addendum. Unless otherwise specified the addendum will be posted to the Ion Wave website https://icgov.ionwave.net/Login.aspx. Interpretation, corrections or changes of the bid documents made in any other manner shall not be binding, and Vendors shall not rely upon such interpretations, corrections or changes. Any addendum shall be issued by the City within a reasonable time prior to the RFP 24-12 Exhibit C bid date. It is the Vendor's responsibility to visit this website to ensure that they have received all important addenda or revisions to the Invitation to Bid prior to bidding. E. Receipt of One Proposal. In the event only one proposal is received, the City of Iowa City may require that the successful vendor submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. 3. Selection of Firm A. Rejection of Proposals. The City reserves the right to accept or reject any or all proposals, to waive irregularities and technicalities, and to request resubmission. The City also reserves the right to reject the proposal of any vendor who has previously failed to perform properly or complete on time contracts of a similar nature, or a proposal from a vendor who, investigation shows, is not able to satisfactorily and timely perform the contract. B. Selection. The City desires to enter into negotiations and ultimately reach an agreement with a vendor who demonstrates the best combination of attributes to conduct the project, and who also negotiates a project cost with the City that is fair and reasonable. The City may conduct discussions with any vendor who has submitted a proposal to determine qualifications, for further consideration. Since the initial review by the City will be deemed preliminary in nature, the document and process will be deemed confidential until such time as the successful vendor is selected. Criteria for selection will include but not be limited to: 1) The quality, availability, adaptability and life cycle costing of the commodities and/or service. 2) Guarantees and warranties. 3) Ability, capacity and skill to provide the commodities and/or service required within the specified time. 4) Ability to provide future maintenance and service. 5) Character, integrity, reputation, experience and efficiency. 6) Quality of performance of previous and/or existing contracts. 7) Previous and existing compliance with laws and ordinances relating to contracts with the City and to the vendor's employment practices. 8) Whether the vendor is in arrears to the City, in debt on a contract or is a defaulter on surety to the City. 9) If reasonable doubts arise as to vendor's solvency, the City reserves the right to require financial information sufficient to show solvency and/or require a performance bond. 10)Such other relevant information as may be secured by the City. 11)Cost estimate; the City is not required to accept the proposal with the lowest cost estimate. Once the City has reached an agreement with the vendor, a purchase order will be issued to the awardee. The purchase order will define the conditions of the contract between the City and the contractor selected to receive the award. RFP 24-12 Exhibit C C. Corrections to Submitted Proposal. Any changes that are made to attached documents of this proposal using correction fluid, writing utensils, etc. before submission must be dated and initialed in each area that a change was made. D. Presentations. When required and based on an evaluation of proposals submitted, the City may select finalists who will be required to participate in interviews, including key personnel designated for the proposal, and to make presentations regarding their qualifications and their ability to furnish the required service to best serve the needs of the City. Formal presentations will be scored and evaluated by a committee. The evaluation committee will make a recommendation to the City Manager and if required, to the City Council for final approval. Nothing in the proposal can obligate the City to enter into a contract. E. Errors in Proposal. Any ambiguity in any proposal as a result of omission, error, lack of clarity or noncompliance by the vendor with specifications, instructions and conditions shall be construed in the light most favorable to the City. 4. General Contract Provisions A. Contract Award. Upon City's selection and satisfactory negotiation between City and vendor on the work to be performed, a written award in the form of a Purchase Order, contract or other instrument shall result in a binding contract without further action by either party. The contract shall be on forms provided by the City; or if the vendor's contract document is used, the City reserves the right to modify any document to conform to the request for proposal and to do so in the light most favorable to the City. B. Insurance. Current Certificate of Insurance in the amounts specified shall be on file with the City before work can commence. C. Availability of Funds. A contract shall be deemed valid only to the extent of appropriations available to each project. The City's extended obligation on these contracts which envision extended funding through successive fiscal periods shall be contingent upon actual appropriation for the following fiscal year. Revised 5/28/2019 RFP 24-12 Exhibit C Appendix 6 General Terms and Conditions RFP 24-12 Exhibit C City of Iowa City General Terms and Conditions A. Insurance Requirements: 1. Certificate of Insurance; Cancellation or Modification a. Before commencing work, the Vendor shall submit to the City for approval of a Certificate of Insurance meeting all requirements specified herein, to be in effect for the full contract period i. The City of Iowa City will be named as additional insured ii. Project bid number and project title will be in the description iii. Insurance carriers will be rated as A or better by A.M. Best b. The Vendor shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. c. Cancellation or modification of said policy or policies shall be considered just cause for the City of Iowa City to immediately cancel the contract and/or to halt on the contract, and to withhold payment for any work performed on the contract. d. The policy shall be primary in payment, not excess or contingent, regardless of any other coverage available to the City. 2. Minimum Coverage a. Any policy or policies of insurance purchased by the Vendor to satisfy his/her responsibilities under this contract shall include contractual liability coverage, and shall be in the following type and minimum amounts: Informal Project Specs: Class I (under $1 M) Type of Coverage Each Aggregate Occurrence a. Comprehensive General Liability (1) Bodily Injury & Property Damage $500,000 $1,000,000 b. Automobile Liability Combined Single Limit (1) Bodily Injury & Property Damage $500,000 c. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa When Additionally Required: Errors and Omissions $500,000 Fidelity Bond (minimum) $50,000 RFP 24-12 Exhibit C Formal Project Specs: Class II (over $1 M) Type of Coverage Each Aggregate Occurrence a. Comprehensive General Liability (1) Bodily Injury & Property Damage $1,000,000 $2,000,000 b. Automobile Liability Combined Single Limit (1) Bodily Injury & Property Damage $1,000,000 c. Excess Liability $1,000,000 $1,000,000 d. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. 3. Performance Bond When required, the successful Bidder shall furnish a bond in the amount of one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City and shall guarantee the prompt payments of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a specified period following its completion and acceptance by the City. A letter of Irrevocable Credit from a responsible lending agency approved by the City, for the same guarantee(s) as noted above, may be submitted for approval. The City reserves the right to accept or reject this form of guarantee. 4. Indemnity The Vendor shall indemnify, defend 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) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Vendor's operations under this Contract, whether such operations be by himself or herself or by any Subcontractor or by anyone directly or indirectly employed by either of them. Vendor 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 the prime Vendor. Nothing in any special provision or any supplemental specification shall be construed as eliminating or superseding the requirements of this section. RFP 24-12 Exhibit C Vendor further agrees to: a. Save the City its agents and employees harmless from liability of any nature or kind for the use of any copyright or non-copyright composition, secret process, patented or unpatented invention, article, apparatus or appliance including any device or article forming a part of the apparatus or appliance furnished or used in the performance of the contract of which the Vendor is not the patentee, assignee, licensee or owner. b. Protect the City against latent defective material or workmanship and to repair or replace any damages or marring occasioned in transit or delivery. c. Furnish adequate protection against damage to all work and to repair damages of any kind, to the building or equipment, due to Vendor's own work or to the work of other Vendors, for which the Vendor is responsible. d. Obtain all permits and licenses required by City, state, and federal governments and pay all related fees. The Vendor shall also comply with all laws, ordinances, rules and regulations of the City, State of Iowa and the Federal Government. B. Availability of Funds: A contract shall be deemed executory only to the extent of appropriations available to each department for the purchase of such commodities and/or service. The City's extended obligation on these contracts which envision extended funding through successive fiscal periods shall be contingent upon actual appropriation for the following fiscal year. C. Chan-ge in Laws: In the event of a change in law that frustrates the goals of the City relative to this contract, the City will be entitled to terminate the contract upon written notification to the Vendor without cost or penalty to the City. D. Contract Alterations: The City reserves the right to make changes to the Goods/Services to be provided which are within the Scope of this Contract. No assignment, alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and agreed to by both the City and the Vendor. The Vendor shall not commence any additional work or change the scope of the Goods/Service until authorized in writing by the City. Vendor shall make no claim for additional compensation in the absence of a prior written approval and amendment of this Agreement executed by both the Vendor and the City. This Agreement may only be amended, supplemented or modified by a written document executed in the same manner as this Agreement. RFP 24-12 Exhibit C E. Subletting of Contract: Vendor shall not assign, transfer, convey, sublet or otherwise dispose of any right, title or interest therein, or his/her power to execute such contract, to any other person, firm or corporation, without the prior written consent of the City, but in no case shall such consent relieve the Vendor from his/her obligations, or change the terms of contract. Contract Period. Contract shall remain in force for a full period specified and until all commodities and/or services ordered before date of termination shall have been satisfactorily delivered and accepted and thereafter until all requirements and conditions shall be met, unless: a. Extended upon written authorization of the City and accepted by Vendor, to permit ordering or unordered balances or additional quantities at contract prices and in accordance with contract terms. b. Extended upon written authorization of the City and accepted by Vendor, for a period negotiated and agreed upon by both parties, when in the best interest of the City. c. Terminated due to default, as described below. F. Default: The contract may be cancelled or annulled by the City in whole or in part by written notice of default to the Vendor upon non-performance, violation of contract terms, delivery failure, bankruptcy or insolvency, or the making of an assignment for the benefit of creditors. An award may then be made to next low bidder, or when time is of the essence, similar commodities and/or service may be purchased on the open market. In either event, the defaulting Vendor (or his/her surety) shall be liable to the City for cost to the City in excess of the defaulted contract price. Lack of knowledge by the Vendor will in no way be a cause for relief from responsibility. G. Delivery Failures: Failure of a Vendor to provide commodities and/or service within the time specified, unless extended in writing by the City, or failure to replace rejected commodities and/or service when so directed by the City shall constitute delivery failure. When such failure occurs, the City reserves the right to cancel or adjust the contract, whichever is in the best interest of the City. In either event, the City may purchase in the open market commodities and/or service of comparable worth to replace the articles of service rejected or not delivered. On all such purchases, the Vendor shall reimburse the City, within a reasonable time specified by the City, for any expense incurred in excess of contract prices, or the City may deduct such amount from monies owed the Vendor. If the contract is not cancelled, such purchases shall be deducted from contract quantities. The City reserves the right to accept commodities and/or service delivered which do not meet specifications or are substandard in quality, subject to an adjustment in price to be determined by the City. RFP 24-12 Exhibit C H. Force Maieure: The Vendor shall not be liable in damages for delivery failure when such failure is the result of fire, flood, strike, act of God, act of government, act of an alien enemy or any other circumstances which, in the City's opinion, is beyond the control of the Vendor. Under such circumstances, however, the City may at its discretion cancel the contract. The City shall not be liable in damages for any payment failure and may suspend or terminate the contract with respect to delivery of any additional goods or services when such failure , suspension or termination is the result of fire, flood, strike, act of God, act of government, act of an alien enemy or any other circumstances which, in the City's opinion, is beyond the City's control. Under such circumstances, however, the Vendor may at its discretion cancel the contract. 1. New Goods Fresh Stock: All contracts, unless otherwise specified, shall produce new commodities, fresh stock, latest model, design or pack. J. Professional Workmanship: Professional workmanship shall meet or exceed existing industry standards. K. Occupational Safety and Health Administration Requirements: All commodities and/or service shall satisfactorily comply with applicable Occupational Safety and Health Administration regulations in effect at the time commodities are shipped and/or the service is performed. Safety Data Sheets are required in accordance with applicable regulations. L. Anti-Discrimination: Vendor shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. M. Delivery Provisions: 1. Cartage. All items shall be delivered free on-board destination. Delivery costs and charges must be included in the bid unless otherwise stated in the specifications or proposal. RFP 24-12 Exhibit C 2. Responsibility for commodities and/or services. The Vendor shall be responsible for any commodities and/or service covered by this contract until they are delivered at the designated point, but the Vendor shall bear all risk for rejected commodities and/or service after written notice of rejection. Rejected commodities and/or service shall be removed and/or replaced by and at the expense of the Vendor promptly after written notification of rejection, unless public health and safety require destruction or other disposal of rejected delivery. Upon Vendor's failure to do so within thirty (30) calendar days after the date of notification, the City may return the rejected commodities to the Vendor and/or replace services at the Vendor's risk and expense, or the City may dispose of them as its own property. 3. Inspections. Final inspection of commodities and/or service shall be conclusive except as regards latent defects, fraud, or such gross mistakes that amount to fraud. Final inspection and acceptance or rejection of the commodities and/or service shall be made within a reasonable time after delivery, but failure to inspect and accept or reject commodities and/or service shall not impose liability on the City if such commodities and/or service are not in accordance with the specifications. All delivered commodities shall be accepted subject to inspection and physical count. 4. Time of Delivery. Vendor shall guarantee delivery of supplies in accordance with such delivery schedule as may be provided in the specifications and proposals. If delivery schedules are not provided in the specifications section, deliveries will be accepted between 8:30 a.m. and 3:30 p.m. on weekdays only. No deliveries shall be accepted on Saturdays, Sundays or holidays, unless otherwise authorized. 5. Packing Slips or Delivery Tickets. All shipments or deliveries shall be accompanied by packing slips or delivery tickets and shall contain the following information for each item delivered: • Name and Address of Ordering Department/Division. • Name of the Vendor. • Commodity name. • Supplier's stock number. • Quantity ordered. • Quantity and date shipped. • Quantity back ordered. Vendors are cautioned that failure to comply with these conditions may be considered sufficient reason for refusal to accept the commodities and/or for delay in payment. RFP 24-12 Exhibit C N. Warranty/Guarantee: The Vendor warrants that all articles, materials and services performed shall be consistent with manufacturer's specifications and will be free from defects. From the post acceptance by the City of Iowa City of the items delivered and installed Vendor shall provide a one (1) year warranty to include all hardware, parts, software, software updates, shipping costs, labor, travel, and service calls. If, within the guarantee period, any defects or signs of deterioration are noted which in the City's opinion are due to faulty design, installation, workmanship, or materials, the Vendor, upon notification and at his/her expense, shall repair or adjust the equipment or parts to correct the condition or he/she shall replace the part or entire unit to the complete satisfaction of the City. These repairs, replacements or adjustments shall be made only at such time as shall be designated by the City as least detrimental to the operation of the City business. Vendor will replace, at its own expense, any project component that does not meet departmental expectations within three (3) to five (5) business days of installation without limitation of any rights which the City may have by reason of any breach of warranty. Regardless of any statement to the contrary, the Vendor agrees that the implied warranty of merchantability and fitness for a specific purpose is not disclaimed. O. Discrepancies: In the event that there are any discrepancies or differences between any conditions of the Vendor's quote and the General Terms and Conditions prepared by the City of Iowa City, the City's General Terms and Conditions shall prevail. All costs associated with this project must be included in the Vendor's submitted quote. The total project cost for complete repair must include all costs for required equipment, supplies, shipping, labor, and travel needed for the full functionality and use of the equipment. Any costs not specifically set forth in this Quote will be the responsibility of the Vendor and will be deemed included in the fees and charges bid herein. P. Choice of Law and Forum: The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this contract, without regard to the conflict of law provisions of Iowa law. Any and all litigation commenced in connection with this contract shall be brought and maintained solely in Johnson County District Court for the State of Iowa, Iowa City, Iowa, or in the United States District Court for the Southern District of Iowa, Davenport Division, Davenport, Iowa, wherever jurisdiction is appropriate. This provision shall not be construed as waiving any immunity to suit or liability in State or Federal court, which may be available to the City. RFP 24-12 Exhibit C Q. Trade Secrets or Propriety Information: Responses to this Request for Bid become the exclusive property of the City of Iowa City. All documents submitted in response to this Request for Bid may be regarded as public records and may be subject to disclosure. During the course of the submittal evaluation process or the course of the project, City of Iowa City will accept materials clearly and prominently labeled "Trade Secret", "Confidential", or"Proprietary" by the respondent or other submitting party. The City of Iowa City will not advise as to the nature of the content of the documents entitled to protection to disclosure, or as to the definition of trade secret, confidential, or proprietary information. The respondent or other submitting party will be solely responsible for all such determinations made by it, and for clearly and prominently marking each and every page or sheet of materials with "Trade Secret", "Confidential", or"Proprietary" as it determines to be appropriate. Respondents which indiscriminately so identify all or most of their submittal as protected from disclosure without justification may be deemed non- responsive. The City will endeavor to advise the Vendor of any request for material under the Iowa Open Records Act (Iowa Code Chapter 22) that the Vendor has marked "Trade Secret", "Confidential" or"Proprietary" by giving the Vendor 5 calendar days notice of such request prior to release of the material so marked to enable the Vendor to seek a court order to protect such materials from disclosure. The City's sole responsibility is to notify the proposer of the request for disclosure, and the City of Iowa City shall not be liable for any damages resulting out of such disclosure, whether such disclosure is deemed required by law, by an order of court or administrative agency, or occurs through inadvertence, mistake, or negligence on the part of the City of Iowa City or its officers, employees, consultants, or subconsultants. R. City Officers and Employees not to benefit: Upon signing this agreement, Vendor acknowledges 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 contract, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5 S. Payment Provisions: 1. Payment Terms. Payment may be made only after inspection and acceptance by the using department and, when required, approval by the City Council. No partial payments shall be made unless otherwise authorized by the City, or unless commodities were constructed, erected, installed or tested on site, in which case payment shall be made on the basis of a percentage of the value of all work performed less any previous payments. Payment of balances shall be made only after approval and final acceptance by the City. 2. Withholding Payment. Consideration for withholding payment shall include faulty materials, equipment, or workmanship, back orders, and liens that have been filed, or evidence indicating a possible filing of claims. In all cases, regulations and limitations imposed by the Federal Government and State of Iowa shall prevail. RFP 24-12 Exhibit C 3. Invoicing. Following acceptance, payment shall be made within thirty (30) calendar days from receipt of proper invoice. Invoice shall include project number, purchase order number, department name, dollar amount, and any other pertinent information. 4. Taxes. The City of Iowa City is exempt from all Federal, State of Iowa and other states' taxes on the purchase of commodities and services used by the City of Iowa City within the State of Iowa. The Purchasing Division shall provide tax exemption certification to out of state suppliers as required. Out of state taxes imposed on purchases of commodities and/or services which are used within another state are applicable and subject to payment. Vendors shall bill the City Accounting Division, including tax, for contracts pertaining to the alteration, construction or repair of real property. The Vendor shall provide the necessary Iowa Department of Revenue Contractor's Statement (one contractor's statement for each subcontractor). The Accounting Division shall then contact the State of Iowa for tax reimbursement. Vendors and subcontractors shall pay all legally required sales, consumer and use taxes on all commodities and/or services purchased or rented to complete their contract. If a Vendor, subcontractor, or builder is to use building materials, supplies, and equipment in the performance of a construction contract with a designated exempt entity, the person shall purchase such items of tangible personal property without liability for the tax if such property will be used in the performance of the construction contract and a purchasing agent authorization letter and an exemption certificate, issued by the designated exempt entity, are presented to the retailer. RFP 24-12 Exhibit C Appendix C Wage Theft Affidavit RFP 24-12 Exhibit C Wage Theft Policy It is the policy of the City of Iowa City, as expressed by City Council Resolution No. 15-364 adopted on November 10, 2015, not to enter into certain contracts with, or provide discretionary economic development assistance to, any person or entity (including an owner of more than 25% of the entity) who has admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages, for a period of five (5) years from the date of the last conviction,entry of plea,administrative finding or admission of guilt. (hereinafter"Wage Theft Policy") 1. Application. The Wage Theft Policy applies to the following: a. Contracts in excess of$25,000 for goods, services or public improvements. b. Contracts for discretionary economic development assistance. "Discretionary"economic development assistance shall mean any economic development assistance provided by the City of Iowa City that is not required by law. 2. Exceptions. The Wage Theft Policy does not apply to emergency purchases of goods and services, emergency construction or public improvement work, sole source contracts excepted by the City's purchasing manual,cooperative/piggyback purchasing or contracts with other governmental entities. 3. Affidavit. The contracting entity must complete the attached affidavit showing compliance with the Wage Theft Policy and submit it along with the request for bid or request for proposal required documents. Contract provision: Any contract to which this policy is applicable will include the following contract provision: If the City becomes aware that a person or entity(including an owner of more than 25%of the entity)has admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law,the Iowa Minimum Wage Act,the Federal Fair Labor Standards Act or any comparable state statute or local ordinance,which governs the payment of wages,within the five (5) year period prior to the award or at any time after the award,such violation shall constitute a default under the contract. 4. Waivers. If a person or entity is ineligible to contract with the City as a result of the Wage Theft Policy it may submit a request in writing indicating that one or more of the following actions have been taken: a.There has been a bona fide change in ownership or control of the ineligible person or entity; b. Disciplinary action has been taken against the individual(s)responsible for the acts giving rise to the violation(s); c. Remedial action has been taken to prevent a recurrence of the acts giving rise to the disqualification or default;or d.Other factors that the person or entity believes are relevant. The City Manager or Designee shall review the documentation submitted, make any inquiries deemed necessary, request additional documentation if warranted and determine whether a reduction in the ineligibility period or waiver is warranted. Should the City Manager or Designee determine that a reduction or waiver of the ineligibility period is warranted the City Manager or Designee shall make such recommendation to the City Council. The City Council will make a final decision as to whether to grant a reduction or waiver. RFP 24-12 Exhibit C Wage Theft Affidavit I, ,certify under penalty of perjury and pursuant to the laws of the State of Iowa that the following is true and correct: 1. I am the (position)of ("contracting entity") and have the authority to execute this affidavit on behalf of said contracting entity and any person or entity with an ownership interest in said contracting entity of more than 25%. 2. Neither (contracting entity)nor any person or entity with an ownership interest of more than 25%of said contracting entity has been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection Law,the Iowa Minimum Wage Act,the Federal Fair Labor Standards Act or any comparable state statue of local ordinance,which governs the payment of wages in the last 5 years. Signature RFP 24-12 Exhibit C Appendix D Contract Compliance Document RFP 24-12 Exhibit C City of Iowa City Contract Compliance Document (To be completed by awarded vendor only) General Policy Statement It is the policy of the City of Iowa City to require equal employment opportunity in all City Contract work. This policy prohibits discrimination by the City's contractors,consultants and vendors and requires them to ensure that applicants seeking employment with them and their employees are treated equally without regard to race,color,creed,religion,national origin, sex,gender identity, sexual orientation, disability,marital status, and age. It is the City's intention to assist employers,who are City contractors,vendors or consultants,in designing and implementing equal opportunity so that all citizens will be afforded equal accessibility and opportunity to gain and maintain employment. Provisions: 1. All contractors,vendors, and consultants requesting to do business with the City must submit an Equal Opportunity Policy Statement before the execution of the contract. 2. All City contractors,vendors,and consultants with contracts of$25,000 or more (or less)if required by another governmental agency)must abide by the requirements of the City's Contract Compliance Program.Emergency contracts may be exempt from this provision at the discretion of the City. Regardless of the value of the contract,all contractors,vendors, and consultants are subject to the City's Human Rights Ordinance,which is codified at Article 2 of the City Code. 3. Contracting departments are responsible for assuring that City contractors,vendors,and consultants are made aware of the City's Contract Compliance Program reporting responsibilities and receive the appropriate reporting forms.A notification of requirements will be included in any request for proposal and notice of bids. 4. Contracting departments are responsible for answering questions about contractor,consultant, and vendor compliance during the course of the contract with the City. 5. All contractors,consultants and vendors must refrain from the use of any signs or designations which are sexist in nature, such as those which state "Men Working"or"Flagman Ahead",and instead use gender neutral signs. 6. All contractors,consultants, and vendors must assure that their subcontractors abide by the City's Human Rights Ordinance. The City's protected classes are listed at Iowa City City Code section 2-3-1. Sueeested steps to assure Equal Employment Opportunities 1. Company Policy Determine your company's policy regarding equal employment opportunities. Document the policy and post it in a conspicuous place so that it is known to all your employees. Furthermore, disseminate the policy to all potential sources of employees and to their subcontractors asking their cooperation.The policy statement should recognize and accept their responsibility to provide equal employment opportunity in all your employment practices. In regard to RFP 24-12 Exhibit C dissemination of this policy,this can be done,for example,through the use of letters to all recruitment sources and subcontractors,personal contacts,employee meetings,web page postings,employee handbooks,and advertising. 2. Equal Employment Opportunity Officer Designate an equal employment opportunity officer or,at a minimum,assign someone the responsibility of administering and promoting your company's Equal Employment Opportunity program. This person should have a position in your organization which emphasizes the importance of the program. 3. Instruct Staff Your staff should be aware of and be required to abide by your Equal Employment Opportunity program.All employees authorized to hire, supervise,promote,or discharge employees or are involved in such actions should be trained and required to comply with your policy and the current equal employment opportunity laws. 4. Recruitment (a) Let potential employees know you are an equal opportunity employer. This can be done by identifying yourself on all recruitment advertising as"as equal opportunity employer". (b) Use recruitment sources that are likely to yield diverse applicant pools. Word-of-mouth recruitment will only perpetuate the current composition of your workforce. Send recruitment sources a letter annually which affirms your commitment to equal employment opportunity and requests their assistance in helping you reach diverse applicant pools. (c) Analyze and review your company's recruitment procedures to identify and eliminate discriminatory barriers. (d) Select and train persons involved in the employment process to use objective standards and to support equal employment opportunity goals. (e) Review periodically job descriptions to make sure they accurately reflect major job functions. Review education and experience requirements to make sure they accurately reflect the requirements for successful job performance. (f) Review the job application to insure that only job related questions are asked.Ask yourself "Is this information necessary to judge an applicant's ability to perform the job applied for?" Only use job-related tests which do not adversely affect any particular group of people. (g) Monitor interviews carefully. Prepare interview questions in advance to assure they are only job related. Train your interviewers on discrimination laws.Biased and subjective judgments in personal interviews can be a major source of discrimination (h) Improve hiring and selection procedures and use non-biased promotion,transfer and training policies to increase and/or improve the diversity of your workforce representation. Companies must make sure procedures for selecting candidates for promotion,transfer and training are based upon a fair assessment of an employee's ability and work record. Furthermore,al companies should post and otherwise publicize all job promotional opportunities and encourage all qualified employees to bid on them. RFP 24-12 Exhibit C Below for your information is a copy of Section 2-3-1 of the Iowa City Code of Ordinances which prohibits certain discriminatory practices in employment as well as a sample policy. Please note that the protected characteristics include some not mandated for protection by Federal or State law.As a contractor,consultant or vendor doing business with the City of Iowa City you are required to abide by the provisions of the local ordinance in conjunction with your performance under a contract with the City. 2-3-1: Employment; Exceptions: A. It shall be unlawful for any employer to refuse to hire,accept,register,classify,promote or refer for employment,or to otherwise discriminate in employment against any other person or to discharge any employee because of age,color,creed,disability,gender identity,marital status, national origin,race,religion, sex or sexual orientation. (Ord. 03-4105, 12-16-2003) B. It shall be unlawful for any labor organization to refuse to admit to membership,apprenticeship or training an applicant,to expel any member,or to otherwise discriminate against any applicant for membership,apprenticeship or training or any member in the privileges,rights or benefits of such membership,apprenticeship or training because of age,color,creed,disability,gender identity,marital status,national origin,race,religion, sex or sexual orientation of such applicant or member. C. It shall be unlawful for any employer,employment agency,labor organization or the employees or members thereof to directly or indirectly advertise or in any other manner indicate or publicize that individuals are unwelcome,objectionable or not solicited for employment or membership because of age,creed,disability,gender identity,marital status,national origin,race,religion, sex or sexual orientation. (Ord. 95-3697, 11-7-1995) D. Employment policies relating to pregnancy and childbirth shall be governed by the following: • A written or unwritten employment policy or practice which excludes from employment applicants or employees because of the employee's pregnancy is a prima facie violation of this title. • Disabilities caused or contributed to by the employee's pregnancy,miscarriage, childbirth and recovery therefrom are,for all job-related purposes,temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment or any written or unwritten employment policies and practices involving terms and conditions of employment as applied to other temporary disabilities. E. It shall be unlawful for any person to solicit or require as a condition of employment of any employee or prospective employee a test for the presence of the antibody to the human immunodeficiency virus.An agreement between employer,employment agency,labor organization or their employees,agents or members and an employee or prospective employee concerning employment,par or benefits to an employee or prospective employee in return for taking a test for the presence of the antibody to the human immunodeficiency virus is prohibited. The prohibitions of this subsection do not apply if the state epidemiologist determines and the director of public health declares through the utilization of guidelines established by the center for disease control of the United States department of health and human services,that a person with a condition related to acquired immune deficiency syndrome poses a significant risk of transmission of the human immunodeficiency virus to other person in a specific occupation. F. The following are exempted from the provision of this section: RFP 24-12 Exhibit C • Any bona fide religious institution or its educational facility,association,corporation or society with respect to any qualifications for employment based on religion when such qualifications are related to a bona fide religious purpose.A religious qualification for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or religious institution shall be presumed to be a bona fide occupational qualification. (Ord. 94-3647, 11-8-1994) • An employer or employment agency which chooses to offer employment or advertise for employment to only the disabled or elderly.Any such employment or offer of employment shall not discriminate among the disabled or elderly on the basis of age, color,creed,disability,gender identity,marital status,national origin,race,religion, sex or sexual orientation. (Ord. 95-3697, 11-7-1995) • The employment of individuals for work within the home of the employer if the employer or members of the family reside therein during such employment. • The employment of individuals to render personal service to the person of the employer or members of the employer's family.(Ord. 94-3647, 11-8-1994) • The employment on the basis of sex in those certain instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be interpreted narrowly. (Ord. 03-4105, 12-16-2003) • A state of federal program designed to benefit a specific age classification which serves a bona fide public purpose.(Ord. 94-3647, 11-8-1994) • The employment on the basis of disability in those certain instances where presence of disability is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be interpreted narrowly. (Ord. 03-4105, 12-16-2003) • Any employer who regularly employees less than four(4)individuals. For purposes of this section,individuals who are members of the employer's family shall not be counted as employees. (Ord. 08-4312, 8-11-2008) RFP 24-12 Exhibit C Sample: Equal Employment Opportunity Policy To all employees of This Company and its employees shall not discriminate against any employee or applicant for employment based on his or her age,national origin,color,creed,disability,gender identity,marital status,race,religion, sex or sexual orientation. The antidiscrimination policy extends to decision involving hiring,promotion,demotion,or transfer;recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation; and selection of training,including apprenticeship.Further,this Company and its employees will provide a working environment free from such discrimination. All employees are encouraged to refer minority and women applicants and applicants with disabilities for employment. The Equal Employment Opportunity Officer for is: Name: Address: Telephone Number: Note: This is a sample only.You may wish to confer with your EEO officer or legal counsel to formulate a policy which specifically meets the needs of your company. RFP 24-12 Exhibit C Assurance of Compliance The following sets forth the minimum requirements of a satisfactory Equal Employment Opportunity Program which will be reviewed for acceptability. With respect to the performance of this contract,the contractor,consultant or vendor agrees as follows: (For the purposes of these minimum requirements,"contractor" shall include consultants and vendors) 1. The contractor will not discriminate against any employee or applicant for employment and will take affirmative efforts to ensure applicants and employees are treated during employment without regard to their race,color,creed,religion,national origin,sex,sexual orientation,gender identity,disability,marital status,and age. Such efforts shall include,but not be limited to the following: employment,promotion,demotion,or transfer;recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation; and selection for training, including apprenticeship. 2. The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor; state that it is an equal opportunity employer. Note: Contracts that are federally funded are subject to Executive Order No. 11246,as amended, and the regulations(see generally 29 U.S.C. § 1608 et seq.) and relevant orders of the U.S. Secretary of Labor. The Secretary of Labor,and not the City,enforces said regulations and orders. 3. Provide a copy of your written Equal Employment Opportunity Policy Statement. Where is this statement posted? 4. Print the name,telephone number, email and address of your business' Equal Employment Opportunity Officer? Name: Phone Number: Email: Address: 5. The undersigned agrees to display,in conspicuous places at the work site,all posters required by federal and state law for the duration of the contract.NOTE: The City can provide assistance in obtaining the necessary posters. 6. How does your business currently inform applicants,employees,and recruitment sources (including unions)that you are an Equal Employment Opportunity employer? RFP 24-12 Exhibit C The above responses to questions 1 through 6 are true and correctly reflect our Equal Employment Opportunity policies. Business Name Phone Number Signature Title Print Name Date RFP 24-12 Exhibit C Appendix E Sample Consultant Agreement RFP 24-12 Exhibit C CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and of hereinafter referred to as the Consultant. BRIEF PROJECT DESCRIPTION BEGINNING WITH "WHEREAS" 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 and satisfactory manner. DESCRIBE SCOPE OF SERVICES II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. PRESENT SCHEDULE OF SERVICES III. COMPENSATION FOR SERVICES DESCRIBE COMPENSATION IV General Terms RFP 24-12 Exhibit C A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 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 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 "lump sum" amount listed in Section III. The City may terminate this Agreement upon seven (7) 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 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. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data 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. I. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional affixed thereto as required by Iowa law. J. 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. RFP 24-12 Exhibit C K. 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. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges 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. O. Indemnification. 1. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub-consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance 1. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability RFP 24-12 Exhibit C for the Consultant's negligent acts, errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non-renewal or cancellation notice. Q. Standard of Care. 1. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. 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. RFP 24-12 Exhibit C For the City For the Consultant By: By: Title: Title: Senior Vice President Date: Date: 2019 Approved by: City Attorney's Office Date Exhibit D Supplier Response Supplier Response Exhibit D 1 � 'M011l�- CITY OF 101i.-VA CITY U NESCO C LTV OF LIT E TU RE RFP24-12 Confluence, Inc. Supplier Response Event Information Number: RFP24-12 Title: Comprehensive Plan Update Type: Request for Proposal FY24 Issue Date: 4/23/2024 Deadline: 5/23/2024 02:30 PM (CT) Notes: The City of Iowa City is requesting proposals from qualified vendors to provide a: Comprehensive Plan Update Proposals must be submitted online via Ion Wave. Faxed, emailed and hard copies of proposals will not be accepted. All questions and clarifications regarding this Request for Proposal will be accepted until May 13, 2024 at noon (CT) by submitting your questions through Ion Wave. All questions must be in writing in order to receive a response. Contact Information Contact: Theresa Vanatter Page 1 of 13 pages Vendor:Confluence, Inc. RFP24-12 Address: 410E Washington St Supplier Response Exhibit D IOWA CITY, IA 52240-4525 Page 2 of 13 pages Vendor:Confluence, Inc. RFP24-12 Confluence, Inc. Information Supplier Response Exhibit D Contact: Patrick Alvord Address: 900 2nd Street SE Suite 104 Cedar Rapids, IA 52401 Phone: (319) 409-5401 Email: bnelson@thinkconfluence.com Web Address: www.thinkconfluence.com By submitting your response, you certify that you are authorized to represent and bind your company. Christopher Shires cshires@thinkconfluence.com Signature Email Submitted at 512312024 11:45:19 AM (CT) Requested Attachments RFP24-12 Iowa City Proposal Comprehensive Plan. Update - Confluence 2024-05-23.pdf Completed Wage Theft Policy C - Wage Theft Affidavit - Confluence.pdf General Terms and Conditions Exceptions No response Upload only if you have exceptions Bid Attributes 1 No Contact Policy A. Code of Silence: 1. No City Representative other than the contact listed under Bid Contact Information should be contacted regarding this Request for Proposal beginning with the issue date of the Request for Proposal and ending with the issuance of the Purchase Order. 2. Any contact initiated by the vendor or by a City representative, other than the Purchasing Division representative listed herein, concerning this Request for Proposal is strictly prohibited. Any such unauthorized contact may cause the disqualification of the vendor from the procurement transaction. ❑ I have read, understand, and agree to these terms Page 3 of 13 pages Vendor:Confluence, Inc. RFP24-12 2 Definitions Supplier Response Exhibit D A. Definitions for this Request for Proposal. 1. The City/City: Indicates the City of Iowa City. 2. May: Indicates something that is not mandatory but permissible, desirable, or preferred. 3. Point of contact or principal contact: Is the vendor's representative available for all questions pertaining to the vendor's response to this Request for Proposal. 4. RFP: Stands for Request for Proposal. 5. Shall or Must: Indicates a mandatory requirement. Failure to meet a mandatory requirement may result in a rejection of your proposal or cancellation of any subsequent contract. 6. Should: Indicates something that is recommended but not mandatory. 7. Vendor: Proposer submitting a response to this Request for Proposal. ❑ I have read and understand 3 Contract Term A. This contract start date will occur near July of 2024 and will conclude on a negotiated date. Staff estimates the term of the contract will be approximately 18 months. B. Pricing shall be firm from the date stated on the contract purchase order. No price escalation will be allowed during the original term of the contract. ❑ I have read and understand these terms. 4 Required Attachments and Exceptions A. From the Attachments tab download and review the following required documents. 1. Appendix A-General Requirements and Instructions to Vendors. 2. Appendix B-General Terms and conditions. 3. Appendix C-Wage Theft Affidavit(Please sign and upload your completed Wage Theft Affidavit to the Response Attachments tab). 4. Appendix D -Contract Compliance Form(To be completed by awarded vendor only). 5. Appendix E-Sample Consultant Agreement B.Vendors are required to inform themselves of all requirements of this Request for Proposal. Failure to do so is at the vendor's own risk. If a vendor does not clearly demonstrate and provide documentation substantiating that they are compliant with the qualifications and specifications of this Request for Proposal, they may be disqualified. C. Exceptions and Contract Negotiations. 1. Exceptions may not be added after the Request for Proposal due date. 2. If your company has no exceptions/deviations select"No exceptions"from the menu below. If you select"No exceptions"you may not submit your company's terms and conditions or any other list of exceptions after the due date. If you select"No exceptions"the vendor agrees that in the event of any disagreement between the City of Iowa City Terms and Conditions and the vendor's Terms and Conditions, the City of Iowa City Terms and Conditions will prevail. 3. If you have exceptions to this Request for Proposal, choose "I have exceptions"from the menu below and attach a list of your exceptions to the response attachments tab. Exceptions will be negotiated by the City of Iowa City and the vendor. Vendors with exceptions may be scored lower than vendors that have fewer or no exceptions. I have no exceptions. Page 4 of 13 pages Vendor:Confluence, Inc. RFP24-12 Supplier Response Exhibit D 5 Proposal Requirements A. Documents required to be submitted with your proposal. Vendor's submitted proposal must be organized in the sequence below. B. Pricing must also be completed in the line items section of this proposal. C. Proposals must be uploaded to the response attachments tab. D. Documents required to be submitted with your proposal: Section 1 — Executive Summary: Summarize the key points of your proposal include the following: 1. The name and contact information for the person(s) who will serve as the Principal Contact. 2. A summary of the firm's understanding of the plan including a brief restatement of the project scope. 3. A signature of the person in your firm who is authorized to negotiate terms, render binding decisions, and commit the firm's resources. E. Section 2 — Firm's Qualifications: Tell us about your team. Provide or include: 1. A description of your company's qualifications, credentials, experience, and resources as they relate to the requirements of this Request for Proposal. Give a brief overview of your company's experience dealing with projects of similar scope. 2. It is imperative that staff assigned to this project remain consistent throughout the engagement. Provide resumes of all staff assigned to the project. Include training and experience as they relate to the requirements of this Request for Proposal. Note: Staff that will be assigned to this project must be present at any subsequent interviews or presentations. F. Section 3 — Project Work Plan/Scope of Services, provide: 1. A detailed scope of work that includes a description of each task, as well as the deliverables for each task. 2. Provide a detailed time schedule. Include a scheduled time frame for completion of tasks that would begin on a mutually agreed upon date. This should include a time schedule describing the general work tasks and personnel assigned to the project. It must include estimated task/phase completion dates and key meeting/presentation dates. Staff anticipates the process, including plan adoption, to be approximately 18 months. G. Section 4 — Pricing and Project Schedule, provide: 1. A pricing schedule including milestones. The City of Iowa City is not responsible for the consultant's failure to provide information and pricing on required items. In this instance the prices submitted will prevail as the proposal. 2. A not to exceed grand total including reimbursable expenses must also be completed in the line items section of this proposal. H. Section 5 — Reference Projects. Show us your work. Provide: 1. A list of three previous clients of similar size, service area and nature, with whom the vender has provided similar services. Each listed reference should include the type and size of the client organization, and a brief description and scope of services that were provided. Include the name and contact information for each reference including a current e-mail address and phone number. ❑ I have read and understand Page 5 of 13 pages Vendor:Confluence, Inc. RFP24-12 Supplier Response Exhibit D 6 Scoring and Evaluation A. Each proposal stands alone and will be evaluated on its own merits by an evaluation committee in terms of meeting the City's requirements and overall responsiveness to this Request for Proposal. B. Vendors will be treated equally without regard to race, color, creed, religion, national origin, sex, gender identity, sexual orientation, disability, marital status, and age. C. Failure of the vendor to provide any information requested in the RFP may result in disqualification of the proposal and shall be the responsibility of the vendor. D. The proposal that accrues the highest point total based on a 150-point scale shall be recommended for award subject to the best interests of the City of Iowa City. Each category shall receive a point value within the specified range based on how well the proposal meets or exceeds the City's requirements. E. Point category and assigned points. Phase One - 100 points. 1. Experience, firm's resume, and personnel qualifications - 20 points. 2. Compliance with the City's Terms and Conditions/Exceptions - 5 points (Proposals that contain no exceptions shall be awarded more points than those that contain exceptions). 3. Scope of work and proposed work plan, methodology and approach, community engagement, assessments and analysis, scenario planning, goals and strategies, plan document, project timeline, and deliverables - 50 points. 4. Project timeline - 15 5. Pricing fee schedule - 10 points. F. Point category and assigned points. Phase Two - 50 points 1. Interview/Presentation - 30 points. 2. References and proven success of contracts with other clients - 20 points. G . Submittal of a proposal infers acceptance of these scoring techniques. 01 have read and understand these terms. Page 6 of 13 pages Vendor:Confluence, Inc. RFP24-12 Supplier Response Exhibit D 7 Scope A. The City of Iowa City is requesting proposals from qualified planning consultant firms or individual consultants to assist in updating the City's Comprehensive Plan. The desired outcomes of this process include: 1. A new plan that places equity, climate change and resiliency, and housing at its core and addresses existing disparities and prepares us for the future. 2. A public process that uses varied methods of engagement to drive participation that is more reflective of the city's demographics and ensures underrepresented groups are actively engaged in the process. A robust outreach and engagement process upfront can serve as that strong foundation for a common vision that then can be implemented in a more streamlined fashion through streamlined approvals and more by-right development allowances. This can serve the community well and result in addressing our most pressing needs (e.g. diverse housing supply) in a more timely manner. 3. A regional housing needs assessment, evaluation of current land use policy, as well as other updated analyses that will allow us to better understand changing needs, trends, and demographics. These updated analysis will help to inform the vision and land use policy direction. (Please note: The regional housing needs assessment will be completed by another vendor. The City will supply the successful vendor with the regional housing needs assessment so that they can incorporate it into the Comprehensive Plan). 4. A clear connection between the Comprehensive Plan and the City's other planning documents. Examples include the Strategic Plan, Bike Master Plan, Capital Improvement Plan, Climate Action and Adaptation Plan and others. All these plans will need to be reviewed since the Comprehensive Plan should function as the overarching policy document that incorporates and references the vision and goals of other plans as needed. 5. A new planning framework that identifies specific typologies unique enough to warrant further planning efforts. Examples include community nodes/centers, corridors, employment centers, and others. 6. Scenario planning to help residents envision and understand different development outcomes for Iowa City and what implications those choices carry into the future. Scenario planning will inform an updated Future Land Use Map of the Comprehensive Plan with land use designations that include descriptions of general intended land uses, as well as physical characteristics of the envisioned built environment. The plan will also include a land use designation table with clear descriptions and an explanation of how these designations work with the City's zoning districts. 7. An implementation program that identifies specific actions that should be pursued to implement the vision of the plan. ❑ I have read and understand Page 7 of 13 pages Vendor:Confluence, Inc. RFP24-12 Supplier Response Exhibit D 8 Background A. Iowa City's Comprehensive Plan (IC2030) was adopted in 2013 and establishes a roadmap for directing growth and change over time. The Comprehensive Plan is the guiding policy document for growth and development in the city. It establishes the high-level land use policy vision that informs and guides decisions related to the built environment. It includes goals, policies, and strategies, as well as a Future Land Use Map for the entire city. There are also several other plans that are components of the Comprehensive Plan: 1. Central District Plan, Adopted 2008 2. Downtown and Riverfront Crossings Master Plan, Adopted 2013 3. North District Plan, Adopted 2001 4. North Corridor District Plan, No plan adopted 5. Northeast District Plan, Adopted 1999 6. Northwest District Plan, No plan adopted 7. South Central District Plan, Adopted 2000 8. South District Plan, Adopted 2015 9. Southeast District Plan, Adopted 2011 10. Southwest District Plan, Adopted 2002 11. Historic Preservation Plan, Adopted 2008 12. City/County Fringe Area Agreement, Adopted 2021 B. The district plans are intended to provide more specific policy direction for unique geographies within the city. However, when not updated regularly the district plans can become outdated in their reflection of City priorities, market conditions, and general best development practices. The historic preservation plan outlines policies related to preservation. The City/County Fringe Area Agreement guides growth and development within the city's 2-mile fringe area. Together, along with IC2030, these plans make up the city's Comprehensive Plan. C. To view the current Comprehensive Plan visit: https://www.icaov.org/aovernment/departments-and- divisions/neighborhood-and-development-services/development-services/urban-planning/comprehensive-and- district-planning ❑ I have read and understand Page 8 of 13 pages Vendor:Confluence, Inc. RFP24-12 Supplier Response Exhibit D 9 Specifications - Review of Existing Plans The consultant will collaborate with Iowa City's Urban Planning staff in the identification, development, scheduling and implementation of activities designed to update the City's comprehensive plan. Scope of work includes, but is not limited to the following: A. Review of Existing Plans: The Consultant will begin the process by reviewing all relevant existing plans, policies, and documents as provided by City staff. A short summary of these documents, including relevant recommendations, will form the basis for understanding of prior planning and decisions since the last Comprehensive Plan was adopted. City staff will work with the Consultant to determine which actions or recommendations have been implemented and which may still be relevant to bring forward to the community for input as part of the new Comprehensive Plan. Additionally, the framework established with the 2013 Comprehensive Plan was centered on the idea of district planning, which has proven challenging to implement. As part of this task, the Consultant should also review the existing framework but recognize the City is interested in the Consultant using their expertise, experience, and best practices to help define a new framework. A new planning framework should consider specific typologies unique enough to warrant further planning efforts. Examples include community nodes/centers, corridors, employment centers, and others. B. Community Engagement Plan: At the start of the Comprehensive Plan process, the Consultant will provide a proposed Community Engagement Plan that will detail how they propose to create feedback loops from community outreach activities and describe how that information will impact the Comprehensive Plan throughout the process. Iowa City considers public engagement central to the process, not an add-on. Respondents to this RFP should provide their approach to the following elements of community engagement Iowa City identifies as central to a successful plan: 1. What is your approach to ensuring the involvement of those who are traditionally under-represented in planning and government processes? How do you gauge success? 2. If your initial approach is not reaching and engaging under-represented groups in the city, how do you build flexibility into the process and budget to accommodate a shift in engagement tactics? 3. Describe your ideal size and composition of an advisory committee and your approach to engaging them in the process. 4. Describe your approach to engaging elected and appointed boards and committees throughout the planning process. What methods do you find most successful for informing these boards throughout the process? 5. For a community of this size, and the seasonality of our population, please provide an outline of the types and numbers of public engagements you would recommend facilitating an equitable and inclusive process. ❑ I have read and understand. 1 Specifications - Existing Conditions Assessment U A. This task involves the documentation of demographic and socio-economic trends and existing conditions in a manner that can be easily digested by members of the community that may not be well-versed in data analysis and local planning topics. Existing conditions information should be presented using charts, tables, maps, photographs, and infographics wherever possible and focus on key trends and topics relevant to the Comprehensive Plan. B. Key topics to be addressed will be identified and may evolve over the course of the project, but are expected to include the following at a minimum: 1. Demographics: • Population Trends including population projections to the year 2050. • Changes in the population composition such as age, race/ethnicity, educational attainment, income, etc. 2. Land Use and Zoning: Summary of current land use patterns. Current zoning diagnostics and analysis. Inconsistencies between land use patterns and current zoning. Page 9 of 13 pages Vendor:Confluence, Inc. RFP24-12 Supplier Response Exhibit D • Relation of zoning to adequacy of infrastructure and services. • Effect of zoning regulations on marginalized populations and communities. • Linkages between land use and other subjects and across themes of the Plan, such as equity, housing affordability, and climate. A review of land use policies in relation to transit services should also be conducted. 3. Housing: A Regional Housing Needs Analysis is being completed as part of the City's Consolidated Plan Update. This deeper analysis can be summarized and pulled into the Comprehensive Plan to serve as the Housing Element. 4. Economic Development: • Regulatory impediments to economic development. • Assessment of industry and occupation strengths and Iowa City's target industries. • Assessment of existing incentives, regulations, policies that enhance economic development in the city. • City marketing and business recruitment efforts. • Assessing, taxing, and revenue from non-residential uses. • Evaluation of the type of jobs and workforces that exist and are needed compared to residential capacity and housing affordability. • Consideration of economic development policies through an equity lens. 5. Historic and Natural Resources: Identification and assessment of protected natural and ecological resources. Assessment of protections for natural and ecological resources. Assessment of farmland and working landscapes. Consideration of the economic or tourism benefits of historic and natural resources. 6. Open Space and Recreation: • Identification of open spaces, uses, and existing protections. • Assessment of current passive and active recreation spaces including their purpose, use, and condition. • Assessment of future recreation needs based on demographic changes and community input. 7. Transportation: • Review of existing street networks and the ability to support current vehicular and truck circulation in the community. • Review of existing sidewalk and bike infrastructure that identifies safety improvements and gap connections. • Analysis of existing public transportation services with a focus on providing mobility options to underserved communities and connecting key community assets. • Analysis of existing commuting patterns and how transportation connections to jobs may impact marginalized communities. Identifying transportation improvements to areas of new growth or more intense development in the future. Complete Streets planning and recommendations for future improvements. • An assessment of public parking assets, adequacy, polices, and regulations. • Identifying emerging trends and their impacts on mobility (micro-mobility, remote work, electric vehicles, etc.). • Evaluation of the residential density and commercial intensity that supports transit service. 8. Public Facilities, Services, and Infrastructure: Water, stormwater, and sewer capacity and quality. o Adequacy of gas, electric, and fiber services in the city. o Assessment of if/how infrastructure and services may need to be expanded to parts of the city or annexed areas in the future, if desired. Page 10 of 13 pages Vendor:Confluence, Inc. RFP24-12 Supplier Response Exhibit D ❑ I have read and understand these terms. 1 Specifications -Additional Analyses 1 A. In addition to the existing conditions analysis, the City is also requesting the Consultant complete a Build-Out Analysis that would help inform the overall Comprehensive Plan. B. Note: A separate Regional Housing Needs Analysis will also inform the Comprehensive Plan Update. This analysis will be completed by a separate vendor concurrently with the City's Consolidated Plan Update. Although it is not a deliverable required for the City's Comprehensive Plan Update, it will need to be utilized for the update. 1. Build-Out Analysis: The City is requesting a build-out analysis as part of the Comprehensive Plan to estimate how land could be developed in the future under the current land use/zoning policy. This build-out should be compared to an assessment of residential and non-residential space demands and also include estimates of future housing units and commercial/industrial jobs. The tools used to conduct the build-out analysis should be designed in a way to facilitate testing of future scenario planning exercises as described in the next section. ❑ I have read and understand these terms. 1 Specifications -Vision and Scenario Planning 2 A. As part of the process to establish the vision for Iowa City, it is expected that the Consultant will work with the Advisory Committee and community to develop up to three different scenarios illustrating different ways the city could grow and develop. The scenario planning will help to guide potential growth and/or preservation related goals and policies. It is anticipated that each scenario will be accompanied by a set of metrics the public can use to weigh benefits and drawbacks. These might include future population and employment, number of housing units needed, impacts on the transportation network, impacts on public infrastructure, etc. B. Once the preferred scenario is established through the public process, the Consultant will use that scenario to develop a vision statement from which goals, strategies, and the Future Land Use Map will be tied. R I have read and understand 1 Specifications - Goals and Strategies 3 A. Building from the results of the scenario planning and vision exercises, the Consultant will generate a clear set of community identified goals as a foundation for plan strategies and implementation. Building on the goals, strategies will be identified by the Consultant that will help the City achieve the goals and overall vision for the future. Strategies should be specific and maybe cross-cutting and thematic or be tied to specific elements of the Plan. Strategies should be measurable as the City moves forward with implementation to identify which had successful outcomes over time. B. Implementation: Working with relevant City departments and the Advisory Committee, organize the strategies and recommended actions into short-, medium-, and long-term time horizons based on factors such as priority, need, funding, and project development lead time. Identify the anticipated roles of City departments, as well as complementing government, institutional, and community partners. The implementation table should include a planning level order of magnitude cost for major capital efforts and larger-scale programs. It is important to the City that the implementation table includes indicators to measure success and progress over time. C. Plan Document: The Consultant will prepare a draft Comprehensive Plan document from the tasks described above. The existing conditions work will be incorporated with subsequent documentation covering the plan development process, vision, scenario planning outcome, goals, strategies, and implementation. The Plan should include a standalone executive summary that communicates the vision for the future, core themes and goals, and the most impactful strategies going forward. The Plan should also include an updated Future Land Use Map. The plan will communicate information in a visually appealing and easy to understand manner using maps, diagrams, tables, charts, photos, and graphics to supplement a concise narrative. 01 have read and understand Page 11 of 13 pages Vendor:Confluence, Inc. RFP24-12 Supplier Response Exhibit D 1 Specifications - City Responsibilities 4 A. City staff will assist the selected Consultant by providing the following support: 1. Assigning a contact person for the project. 2. Providing all relevant documentation to the Consultant including prior plans and reports. 3. Providing any relevant local data to the Consultant. Providing GIS layers to the Consultant. 4. Assisting with forming and scheduling the Advisory Committee. 5. Assisting with community outreach and logistics for public meetings. ❑ I have read and understand 1 Specifications - Deliverables 5 A. Based on the scope of work outlined above, the Consultant will be responsible for a number of deliverables: 1. The Consultant will prepare a draft Community Engagement Plan for review and comment by City staff prior to finalizing the plan. The Consultant will also work jointly with City staff in the implementation of the Community Engagement Plan. 2. The Existing Conditions Assessments will present a review of existing relevant plans, analysis of all relevant data points, synthesis of data in written, tabular, and graphic formats, and a summary of identified challenges, needs, and opportunities from the research conducted. The City would like an executive summary of these assessments that could be pulled out and incorporated into the main body of the plan should the existing conditions chapters serve as an appendix to the overall plan document. 3. The Consultant will develop a methodology to approach the Build-Out Analysis. This methodology will be reviewed by City staff prior to moving forward with the analysis. The Consultant will prepare the Build-Out Analysis, which will be presented for review and comment by City staff prior to it being finalized. 4. The Consultant will prepare a minimum of three scenario plans. These three plans will be presented for review and comment by City staff prior to finalizing the scenarios. 5. The Consultant will prepare a draft Comprehensive Plan document for review and comment by City staff, followed by a public release of the draft plan for comment by boards, committees, and members of the public. Based on input, a final plan document will be delivered to the City suitable for print, web, and social media distribution. This is the document that will be officially adopted by the City. B. The City expects all drafts in a format that is easily editable by staff. The project schedule should allow time for an internal staff review of the draft analyses, elements, and plans. The Consultant shall provide to the City all digital files and data used in the creation of the Comprehensive Plan, including but not limited to Geographic Information Systems files and data, Microsoft Office documents and data, photographs, and other graphics. Report drafts shall be provided in digital format. No less than ten (10) bound hard copies of the adopted Comprehensive Plan shall be provided. Staff would also like to explore the creation of an online version of the Comprehensive Plan. All reports and information related to the Comprehensive Plan will be the property of the City. ❑ I have read and understand 1 Prohibited Interest 6 A. 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 B. Your firm shall identify any relationship that has existed, or presently exists with the City of Iowa City and its staff that may interfere with fair competition or may be a possible conflict of interest for either party. If no relationship has existed or does not presently exist, the company must make this statement in the space provided below (companies are subject to disqualification on the basis of any potential for conflict of interest as determined by the City of Iowa City). Our firm has no past or present relationships with the City that could or would be a conflict of interest. Page 12 of 13 pages Vendor:Confluence, Inc. RFP24-12 Supplier Response Exhibit D 1 Liens, Unsatisfied Judgments, Disciplinary Actions 7 A. List any and all of the following that are current, pending, or occurring in the last five (5) years in the space provided below. 1. Disciplinary actions 2. Administrative proceedings 3. Malpractice claims 4. Other like proceedings against your company or any of its personnel relating to your firm's services B. If your company has no liens, unsatisfied judgments, or disciplinary actions that have occurred you must state this also in the space provided below. Our firm has no liens, unsatisfied judgements or disciplinary actions. Bid Lines 1 Total not to exceed price including reimbursable expenses to provide a XXXXXX Quantity: 1 UOM: EA Price: $248,900.00 Total: $248,900.00 Response Total: $248,900.00 Page 13 of 13 pages Vendor:Confluence, Inc. RFP24-12 COMPREHENSIVE PLAN UPDATE FOR THE IOWA CITY IOWA CITY, IOWA MAY 23,2024 I conFLUEnCE 525 17th Street Des Moines, Iowa 50309 thinkconfluence.com IN ASSOCIATION WITH:WSP Supplier Response Exhibit D TABLE OF CONTENTS EXECUTIVE SUMMARY SECTION ONE 3 FIRM QUALIFICATIONS SECTION TWO PROJECT WORK PLAN/SCOPE OF SERVICES SECTION THREE PRICING AND PROJECT SCHEDULE SECTION FOUR REFERENCE PROJECTS SECTION FIVE 2 COMPREHENSIVE PLAN UPDATE /CITY OF IOWA CITY,IOWA Supplier Response Exhibit D SECTION ONE /EXECUTIVE SUMMARY EXECUTIVE SUMMARY May 23,2024 COnFL EnCE City of Iowa City 410 E Washington St Iowa City, Iowa 52240-4525 RE: REQUEST FOR PROPOSALS FOR A COMPREHENSIVE PLAN UPDATE FOR THE CITY OF IOWA CITY Dear Members of the Selection Committee: On behalf of the Confluence team,we are pleased to submit our qualifications and our approach to update the Comprehensive Plan for the City of Iowa City.Together with WSP,our team has the experience and capabilities to provide Iowa City with a community-supported plan update which will position the City for continued success with quality growth and development.Our team has a successful track record for engaging citizens and stakeholders to create Comprehensive Plans of various types and scales for numerous communities.The team assembled provides a strong combination of local knowledge and experience with award-winning Comprehensive Planning expertise.While taking a visionary yet pragmatic approach,we draw on our experience from prior completed projects to evaluate potential land use scenarios,creative policy solutions,and alternatives for action items to help ensure our plans are actionable and implementable. We understand the reasons Iowa City is ready for a new Comprehensive Plan.The years since 2013 have been ones filled with meaningful change on everything from how we shop, modes of transportation,widening inequities, increased weather unpredictability and extremes,legislative challenges facing cities,and skyrocketing housing costs.We have outlined a five phase approach to complete a new Comprehensive Plan that will be data-driven and community-led based around the guiding principles of equity,climate change and resiliency,and housing.These values drive our planning work,and we look forward to working with City staff,elected officials,and members of the public to create an actionable plan for the future. In short,we are very excited to present our qualifications and proposal for your consideration.We commit to working collaboratively with you to develop a long-term vision that allows Iowa City to grow to meet the communities changing needs—while also preserving and enhancing the existing and unique features and destinations within your community for years to come. We welcome the opportunity to discuss our qualifications and our approach with you in further detail. Respectfully, PRINCIPAL CONTACT Christopher Shires,AICP Principal and Vice President Confluence, Inc. 525 17th Street Des Moines, IA 50309 515-975-1050 mobile cshires@thinkconfluence.com 3 COMPREHENSIVE PLAN UPDATE /CITY OF IOWA CITY,IOWA Supplier Response Exhibit D SECTION TW FIRM QUALIFICATIONS CONTACT CONFLUENCE PROJECT LEAD+CONTACT Confluence is a professional consulting firm comprised of landscape architects, Christopher Shires urban designers and planners founded in 1998.Our staff of 70+includes 39 licensed (515)975-1050 mobile landscape architects and AICP certified planners-and our firm is comprised cshires@thinkconfluence.com of energetic,creative,and passionate people who are involved in making our Des Moines communities better places to live. We assist our clients on a wide range of public, 525 17th Street educational, institutional and private sector projects. Our landscape architects are Des Moines, IA 50309 licensed to practice in California,Colorado,Georgia, Kansas, Idaho, Illinois, Iowa, (515)288-4875 Michigan, Minnesota, Missouri, Montana, Nebraska, New Mexico, Nevada, North Minneapolis Dakota,Ohio, Pennsylvania,South Dakota,Tennessee,Texas, Utah,Wisconsin,and Cedar Rapids Wyoming-and this list continues to grow to meet our client's needs. Kansas City Omaha WHAT WE DO Sioux Falls Simply stated -we create places full of life.The diversity of our work and expertise Fargo has become a hallmark of our firm,and it's a big reason why our clients engage us Chicago again and again to help establish their next creative vision for the future.We offer a Denver wide array of design and planning capabilities, handling everything from stakeholder M and community engagement activities,to crafting urban design and community Our network nine offices, located planning solutions,to representing our clients during construction implementation. throughout the Midwest, provides value to With over twenty years of award-winning experience and hundreds of completed our clients through our depth of experience projects,Confluence has shaped the practice of landscape architecture, planning and identifying, developing and applying urban design across the Midwest,and we love what we do. What can we do for you? emerging creative trends and best practices. HOW WE WORK Our creative process is focused on collaboration and insightful interaction with our clients,consultants and the community in which we work.We begin by gaining an j insightful and objective understanding of each project, including how it fits into the surrounding context. From vision to completion,our team excels in collaborating to shape and achieve your"what's next"-while also planning ahead on your long-term strategy. The diversity of our practice and professional experience provides a solid framework upon which to build successful strategies for achieving our client's goals. Confluence brings together people, energy and ideas to shape the future of our .1 communities. We strive to achieve the inherent potential within each project while naturally making our world a better place. WA , I I Z 4 COMPREHENSIVE PLAN UPDATE /CITY OF IOWA CITY,IOWA Supplier Response Exhibit D SECTION TWO /FIRM QUALIFICATIONS Ila '� �a+s poi - - -----.� ► ``� ' 1 i'� `���+rr fit. ' 6 .l �a ��� ski f9 it ` � .•^..�; „�. Y - v- - �✓ -r �i III44, k CONFLUENCE DIGITAL STUDIO Our work is more reliant on technology than ever before and access to relevant site data and contextual base information is imperative. Our Digital Studio utilizes * � Ai,custom software,while serving as alpha and beta testers for the commercial .� software they use.The result is an expansion of technological tools and skills that include,drones and scanning, building digital twins, and the integration of Ai like Delve, a Google Ai planning tool,generative 3D mapping and the expertise to use the ' combined information to create coherent graphics,presentations and data sets. Our Digital Studio team is composed of 3D modeling and visualization specialists who have worked on a variety of projects across the country and internationally who have the expertise to bring this Comprehensive Plan forward-thinking digital solutions. We have included Digital Studio staff to work on the Build-Out Analysis,Scenario Planning, and Planning Framework Updates. 5 COMPREHENSIVE PLAN UPDATE /CITY OF IOWA CITY,IOWA Supplier Response Exhibit D FIRM QUALIFICATIONS i ,I i i � t¢ 'W 4 a DIGITAL STUDIO CAPABILITIES 3D Modeling and Visualization using a compilation of several cutting edge programs and applications Proficiency in various software programs including AutoCAD,Adobe Creative Suite,and video editing software Drone mapping and surveying to develophighly detailed aerial maps, ^'"•"'_ _ _ g Yl _ digital surface models,and digital terrain models suitable for master planning efforts Plan and site mapping, renderings,and graphics Supplier Response Exhibit D FIRM QUALIFICATIONS WSP CONTACT WSP is a leading global professional services consultancy that brings together more Jared Gulbranson than 67,000 employees.WSP USA is the U.S.operating company of WSP,with nearly Kansas City 20,000 employees in over 300 offices across the U.S.We provide engineering and 300 Wyandotte Street,Suite 200 consulting services to private and public sector clients in the transportation and Kansas City, MO 64105 infrastructure, property and buildings,earth and environment, power and energy, (816)702-4233 resources and industry markets,as well as offering strategic advisory services. Regional Offices OUR SERVICES St. Louis, MO WSP's talented professionals—comprising engineers,advisors,technicians, Chicago, IL scientists,architects, planners,sustainability analysts,environmental specialists and Minneapolis, MN surveyors—are well positioned to deliver successful,sustainable, resilient, Future Ready®projects,wherever clients need us.WSP's reputation for innovative thinking, " outstanding service,value enhancement,and environmental responsibility has been earned through participation on acclaimed projects worldwide.We help clients find the right solutions to their challenges with a deep knowledge of the federal and local regulatory environments,and an understanding of the alternative project delivery methods available.We actively seek out the most innovative solutions to pioneer a more sustainable future. LOCATIONS + EXPERIENCE F Headquarters: New York, NY Branch Office:WSP has more than 300 U.S. offices. Regionally located,we have offices in Kansas City, MO,St Louis, MO,Chicago, IL,and Minneapolis, MN Number of years offering similar services:WSP has been working in the state of Iowa _ for more than 30 years,and has been providing innovative study and design services since the firm's inception. - COMPREHENSIVE PLAN UPDATE /CITY OF IOWA CITY,IOWA Supplier Response Exhibit D SECTION TWO /FIRM QUALIFICATIONS PROJECT TEAM CONFLUENCE will lead the team supported by WSP. Christopher Shires,AICP, is a Principal with Confluence and will be the Principal-In-Charge and Project Manager providing oversight and attending all key meetings.Jane Reasoner,AICP, is a Senior Planner with Confluence and will be the lead planner on the existing conditions analysis. Chris and Jane will be supported by Abbey Eckberg,AICP,a Project Planner with Confluence. Daniel Tal, Digital Studio Design Manager,will assist with all 3D renderings and graphics. Confluence will lead all public engagement, project management, and deliverables. WSP will provide support for the plan evaluation and update focusing on transportation, natural resources, and public facilities,services, and infrastructure.Jared Gulbranson,AICP, is a Senior Leader Planner as WSP and experienced transportation planner. He will be supported by Joshua Boehms, a data analyst and urban planner. While the resumes included in this proposal will be the core project team, both firms have a large r � bench of subject matter experts that will assist as 27M needed to provide more in depth analysis related to historic preservation,climate resiliency,and CITY OF IOWA CITY infrastructure/facility analysis. NEIGHBORHOOD : DEVELOPMENT COMMUNITYSERVICES : 1 ' STAFF + KEY STAKE H OLD RS�-'MM, CONFLUENCE CHRIS SHIRES,AICP JANE REASONER,AICP 'SENIOR PLANNER PROJECTCHARGE+ ABBEY ECKBERG,AICP MANAGER PROJECT PLANNER DIGITAL STUDIO MANAGER JARED GULBRANSON, JOSHUA BOEHM AICP, PMP SENIOR DATA ANALYST SENIOR LEAD & DEVELOPER PLANNER l 8 COMPREHENSIVE PLAN UPDATE /CITY OF IOWA CITY,IOWA Supplier Response Exhibit D FIRM QUALIFICATIONS CHRISTOPHER SHIRES, AICP PRINCIPAL-IN-CHARGE AND PROJECT MANAGER Chris brings years of city and county planning experience to the team, both in the public and private sector. He is skilled in preparing comprehensive plans, land use plans,corridor and redevelopment plans as well as drafting zoning and subdivision regulations,city codes and policies,and design guidelines. CURRENT+ NOTABLE PROJECT EXPERIENCE Grain Valley Comprehensive Plan/Grain Valley, Missouri Merriam Comprehensive Plan/Merriam, Kansas Parkville 2020 Master Plan/Parkville, Missouri EXPERIENCE Southwest Infrastructure+ Planning Study/Des Moines, Iowa 28 Years of Experience Roeland Park Comprehensive Plan Update/Roeland Park, Kansas 10 Years with Confluence Norwalk 2040 Comprehensive Plan/ Norwalk, Iowa EDUCATION The Ankeny Plan 2040 Comprehensive Plan/Ankeny, Iowa Iowa State University B.S.Community Bondurant Comprehensive Plan/ Bondurant, Iowa and Regional Planning/1995 Polk 2050 Comprehensive Plan/ Des Moines, Iowa Pleasant Hill On-Call Planning Services/Pleasant Hill, Iowa REGISTRATIONS American Institute of Certified Adel Comprehensive Plan Update/Adel, Iowa Planners:#016692 Olathe Architectural Guidelines/Olathe, Kansas Lake Kampeska Master Plan/Watertown,South Dakota JANE REASONER, AICP SENIOR PLANNER Jane brings a strong interest in the environment and sustainability to every project. She has worked on numerous comprehensive plans across the Midwest designing interactive engagement strategies and providing population,environmental, parks and economic analyses. CURRENT+ NOTABLE PROJECT EXPERIENCE Pleasant Hill Comprehensive Plan/Pleasant Hill, Iowa Bondurant Comprehensive Plan Update/Bondurant, Iowa Des Moines MPO Comprehensive Safety Action Plan/ Des Moines, Iowa EXPERIENCE Merriam Comprehensive Plan/Merriam, Kansas 9 Years of Experience Parkville 2020 Master Plan/Parkville, Missouri 8 Years with Confluence Adel Comprehensive Plan Update/Adel, Iowa EDUCATION Fairfield Comprehensive Plan Update/Fairfield, Iowa Georgia Tech: Master of City and Ottumwa Comprehensive Plan/Ottumwa, Iowa Regional Planning/2016 Ankeny Comprehensive Plan/Ankeny, Iowa Polk County Comprehensive Plan Update/Des Moines, Iowa REGISTRATIONS American Institute of Certified South of Gray's Lake Master Plan/Des Moines, Iowa Planners:#031893 Roeland Park Comprehensive Plan Update/Roeland Park, Kansas 9 Supplier Response Exhibit D SECTION TWO /FIRM QUALIFICATIONS ABBEY ECKBERG, AICP PROJECT PLANNER _ Abbey's passion for planning stems from the desire to create communities for all to enjoy through interactive plan making and design.Abbey has worked on comprehensive plans across the Midwest with a special focus on designing engagement and housing needs analysis. 1 CURRENT+ NOTABLE PROJECT EXPERIENCE 2035 Downtown Sioux Falls Plan/Sioux Falls,South Dakota Belton Comprehensive Plan/Belton, Missouri Pleasant Hill Comprehensive Plan/Pleasant Hill, Iowa PROFESSIONAL EXPERIENCE 3 Years of Experience Bondurant Comprehensive Plan/ Bondurant, Iowa Basehor Comprehensive Plan/ Basehor, Kansas EDUCATION Mission Comprehensive Plan/ Mission, Kansas Kansas State University: Master of Edgerton Comprehensive Land Use Plan/Edgerton, Kansas Regional and Community Planning Minot Comprehensive Plan/ Minot, North Dakota /2021 Crete Comprehensive Plan/Crete, Nebraska PROFESSIONAL REGISTRATIONS Paola Comprehensive Plan/ Paola, Kansas American Institute of Certified Grain Valley Comprehensive Plan + Parks and Recreation Master Plan/Grain Valley, Planners:#34834 Missouri DANIEL TAL DIGITAL STUDIO MANAGER Daniel's role is to integrate various technologies into the Confluence design practice innovating every phase of a project. From using drones and generating quick 3D models to help assist clients and design teams during the project's initial phases,to building rich models and data sets to advance design goals. CURRENT+ NOTABLE PROJECT EXPERIENCE Belton Comprehensive Plan/Belton, Missouri Pleasant Hill Comprehensive Plan/Pleasant Hill, Iowa Kansas City Duluth Baywalk/ Duluth, Minnesota PROFESSIONAL EXPERIENCE Creighton University: Campus Master Plan/Omaha, Nebraska 26 Years of Experience Jacobson Plaza- Ice Ribbon& Inclusive Play/Sioux Falls,South Dakota EDUCATION Falls Park Master Plan/Sioux Falls,South Dakota Colorado State University, BA, City of Minot 2045 Comprehensive Plan/Minot, North Dakota Landscape Architecture and Urban KCK Community College Master Plan/ Kansas City, Kansas Design/ 1998 City of Milnor Placemaking Project/ Milnor, North Dakota PROFESSIONAL AFFILIATIONS Riverfront Streetcar Extension- Program/Kansas City, Missouri South of Gray's Lake Master Plan/Des Moines, Iowa AS LA Colorado Chapter Design/ 1998 Principal Park Master Plan/Des Moines, Iowa Ames Plaza/Des Moines, Iowa 10 COMPREHENSIVE PLAN UPDATE /CITY OF IOWA CITY,IOWA Supplier Response Exhibit D SECTION TWO /FIRM QUALIFICATIONS JARED GULBRANSON, AICP, PMP SENIOR LEAD PLANNER / TRANSPORTATION PLANNER Jared is a Senior Lead Planner and project manager in WSP's Kansas City office.As a lead planner,Jared provides planning expertise and innovative solutions to public 1, t. transit and other transportation challenges. His transit planning background includes transit operations and capital facilities planning,short-and long-range transit planning, comprehensive operations analysis, major transit corridor analysis, bus rapid transit, and fixed guideway planning,intergovernmental relations and coordination,public engagement,federal grant writing,and performance monitoring and measurement. 1 CURRENT+ NOTABLE PROJECT EXPERIENCE Merriam Comprehensive Plan/Merriam, KS EXPERIENCE Paola Comprehensive Plan/ Paola, KS 15 Years of Experience 10 Years with WSP Cedar Rapids, Iowa Regional Transit Authority Feasibility Study /Cedar Rapids, IA National Football League(NFL)2023 Draft Transit Service Plan/ Kansas City, MO EDUCATION Broken Arrow,Oklahoma RAISE Planning Grant/Tulsa,OK University of Iowa B.A.Political Grand Boulevard Bicycle and Pedestrian Bridge Design/ Kansas City, MO Science&Communications /2003 University of Missouri-Kansas City Johnson County Expanded Transit QET) Plan/Johnson County, KS MPA /2008 Michigan Mobility 2045 Long-Range Transportation Plan/State of Michigan River Market Mobility Hub Study/ Kansas City, MO REGISTRATIONS Johnson County Transit Comprehensive Operations Analysis/Johnson County, KS American Institute of Certified Planners:#027111 JOSHUA BOEHM SENIOR DATA ANALYST & DEVELOPER Joshua Boehm is an urban planner and data analyst with more than nine years of experience. His work experience includes both private and public sector experience in transit, urban design,active transportation, infrastructure delivery,and data science. Prior to WSP,Joshua worked for a government technology startup as a solution architect; as the development manager for the Rock Island Trail; and at an , architectural firm as a planner. In addition, he lives car-free in downtown Kansas City and is interested in reducing automobile dependency and creating safer streets for all road users. PL CURRENT+ NOTABLE PROJECT EXPERIENCE EXPERIENCE Kansas City Vision Zero Action Plan/Kansas City, Missouri 10 Years of Experience Regional Safety Data System and Safety Report Development/San Francisco,CA 2 Years with WSP KC Spirit Playbook Comprehensive Plan Update/ Kansas City, MO EDUCATION Rock Island Rail Corridor Project/Jackson County, MO University of Missouri B.A./2013 Solutions Architect, mySidewalk/Kansas City, MO Planning Paola Comprehensive Plan/ Paola, KS REGISTRATIONS American Institute of Certified Planners:#031893 11 Supplier Response Exhibit D \ SECTION THREE /PROJECT WORK PLAN/SCOPE OF SERVICES OUR APPROACH Our planning process is our strength, and our team's intent at the outset of our planning process is to further refine and establish the City's vision -and this involves answering three basic questions that help us to better define the planning process: Where is Iowa City today? Where does Iowa City want to be in the future? How does Iowa City get there? Our team of experienced professionals brings a large toolbox of techniques that can be deployed to engage participants in developing their answers to these questions. ANALYSIS APPROACH Our approach to translating technical data blends analysis with aesthetics to create attractive,easy to understand maps and graphics that will help to tell the story of Iowa City today and visualize opportunities for the future.These more diagrammatic graphics identify areas for redevelopment,new development,streetscape enhancements,trail expansion, park improvements,new signage/placemaking elements,and other key opportunities identified through the analysis and public engagement process as well as existing plans. We offer significant expertise in the analysis of a variety of data sources including the U.S. Census,On the Map, Co Star, Esri Community Analyst, parcel data, building permits,various USGS and FEMA mapping products,and various other sources.We create figures,tables, and maps that help inform decision-making in the community with a focus on telling people what they need to know without saddling them with too much information. We focus on the key takeaways and why it matters to this particular community.Although not included as part of our proposal,we have access to Placer.ai location based consumer data.We can add this as a service should that be desired to provide additional research and insight on a specific area or corridor within Iowa City. ENGAGEMENT APPROACH Our team believes community outreach should be equitable and intuitive.Whether our interaction with the public is in-person,online, or out in the community,we design our activities to be easy to use and understand. Confluence is an industry leader in providing interactive and fun engagement opportunities for planning projects. We utilize a variety of in-person and online tools to reach as wide an audience as possible. In-person engagement includes traditional public meetings, public workshops, pop-up event booths, Box City events for elementary-aged children,and visioning and design charrettes.We are also skilled in digital engagement by utilizing interactive engagement websites,online polling and surveying,and virtual meetings using Teams or Zoom. Our interactive engagement websites use the Social Pinpoint Platform and can be designed a to include mapping activities, idea boards,surveying, image voting and priority ranking. �,uuu��uuu� • IMPLEMENTATION APPROACH • Implementation is key to the entire planning process. Our team has a wide breath of experience in the creation of action steps and policies that help get a community where they want to be. We identify policy solutions based on the community vision and existing conditions.We create a variety of recommendations that span different time frames.We can tailor this section to meet the needs and desires of Iowa City-such as identifying time frame, priority level, entities involved, etc. 12 COMPREHENSIVE PLAN UPDATE /CITY OF IOWA CITY,IOWA Supplier Response Exhibit D SECTION THREE /PROJECT WORK PLAN/SCOPE OF SERVICES PROPOSED SCOPE OF SERVICES Our proposed scope of services is divided into three phases as identified in the RFP and summarized below. PHASE 1: EXISTING CONDITIONS ASSESSMENT TASK 1.1 /Pre-Kick-Off Meeting with City Staff The Consultant Team will hold a meeting with City staff to review the project scope and meeting dates,discuss the agenda items,and prepare for the Project Kick-Off Meeting.We will also discuss and finalize plans for the Community Engagement Plan. TASK 1.2/Community Engagement Plan The Consultant Team will work with City staff to finalize a Community Engagement Plan that identifies the engagement methods to be used in the planning process to connect with a diverse cross-section of the Iowa City community,as well as all preliminary dates and times for each meeting or activity. Every effort will be made to follow this schedule with the understanding that flexibility may be needed based upon new discoveries, events,or conflicts.Critical to our engagement plan will be a focus on reaching out to under-served populations, including low-income residents and minority populations. Project Branding.The Consultant Team will collaborate with City staff to develop a logo,confirm the plan name,and document style guide to brand this plan update.The branding will include a color scheme and font selection,as well as a thoughtful name and graphic/logo. Our team has had success in linking the Comprehensive Plan's logo and branding to the City's branding package to clearly state the plan is in association to the City's efforts and invite people to learn more.This branding wjll be used on all materjal relating to the marketing and distribution of the planning effort. Bj-Weekly Check-In Meetings.Throughout the project,the Consultant Team will hold bi-weekly video conference calls with City staff to review the project status and coordinate meetings and project deHverables.(Virtual meetings) City Council Information Meetings.The Consultant Team will provide summary information on the plan update status to perlodlcaHy be shared by City staff at City Council Information Meetings.The Consultant Team can also attend 2-3 meetings to present an update to the Council as may be desired by the City at each phase of this project.(2-3 in-person meetings) TASK 1.3/Kick-Off Meeting with Comprehensive Plan Steering Committee The Consultant Team wHi facHitate an in-person Project Kick-Off Meeting with City staff and the Steering Committee(SC).The purpose of this meeting is to: Review the project scope,schedule,Community Engagement Plan,and key meeting dates(Including future Steering Committee meeting dates and meeting formats: in-person,vjrtual,or hybrid. Review the roles and responsibilities of the Steering Committee. Identify key stakeholders and desired public input process and outcomes. Review the major chapters and elements of the current plan,goals,and desired focus areas for the plan update. Our team is flexlble on the size of the Steering Committee but generally have found the most success is groups of around 20-25 for this size of community. Beyond that size, it becomes more intimidating for members to speak freely in response to data and plan drafts put in front of them. 13 CV' z_ IGK rz _ uauvgl= T mod 9� O" ,� F R nn nn s p= �41 a TASK 1.4/Review of Existing Plans The Consultant Team will work with City staff to review all existing plans, policies and documents used by Iowa City today. Each document will be summarized and recommendations for improvement or change will be given, as needed.We will thoroughly review the existing Comprehensive Plan and work with staff to determine the implementation steps or actions completed since the previous plan adoption.We will also work to identify which goals have not been completed and evaluate why,so that similar pitfalls can be avoided in this update. TASK 1.5/Data Gathering and Existing Conditions Analysis Our team will gather the best available data to evaluate the existing conditions of the community.Analysis will cover many topics including: Recent local and regional planning work Historic and Natural Resources Demographics and Population Projections Open Space and Recreation Land Use and Zoning Transportation Housing Public Facilities,Services,and Infrastructure Economic Development Our team will overview the results of the existing conditions analysis using attractive and easy to understand charts,tables,maps, photographs,and infographics. TASK 1.6/Build-Out Analysis Our team will complete a Build-Out Analysis to estimate how land could be developed following the Future Land Use Plan and supporting zoning districts. 3D land use definitions will be created to help illustrate each of the proposed land use categories in the Future Land Use Plan in SketchUp. We will create 3D models of existing conditions for select master plan locations. Design guides and principles will be applied to the 3D models.This can show: Scale and density of development Streetscape,site,and building improvements Building height Traffic and pedestrian assessments Land uses Public infrastructure The estimated number of units and building square footages per developed acre will then be compared to undeveloped and key infM locations throughout the planning boundary to determine development capacity and needed infrastructure improvements to support growth. Our team will then perform separate analyses for population and employment projections to determine growth for Iowa City through 2050.These results will be compared to the results of the build-out analysis to evaluate how well the minimum and maximum amount of growth is accounted for currently. Later,this information will be used to assess scenario planning and an updated Future Land Use Plan. 14 COMPREHENSIVE PLAN UPDATE /CITY OF IOWA CITY,IOWA " Supplier Response Exhibit D r ► SECTION THREE /PROJECT WORK PLAN/SCOPE OF SERVICES TASK 1.7/Project Website Launch After project branding(name/logo)is identified,our team will create a project website using the Social Pinpoint platform. During Phase 1,this website will serve as an information management tool about the planning process and schedule. Later, engagement activities will be added to the site. TASK 1.8/Existing Conditions Analysis Review Meeting with Comprehensive Plan Steering Committee --F — Our team will present to City staff and the Steering Committee an overview of our team's analysis of the previous plans,existing conditions,and anticipated trends including: A preliminary assessment of issues and opportunities Community profile with population and housing analysis An employment and economic analysis A preliminary transportation assessment PUBLIC Results of the Build-Out Analysis WORKSHOP 6 PIVI team mma ae tthe Master Pl ilOPip(�Ipldtippd(f httpV� "�""""he�'hotPa a TASK 1.9/Existing Conditions Analysis Review Joint Workshop with Planning Mvma" park�;llemo.go� Commission and City Council Our team will conduct a workshop with the Planning Commission and City Council to ® review the project goals and scope,as well as the analysis previously provided to the Steering Committee in Task 1.8. TASK 1.10/Existing Conditions Assessment Report Our team will create an Existing Conditions Assessment Report for City staff to review. The report will include a summary of all existing conditions analysis covered in Tasks 1.4- ' 1.6.This can be used either as a chapter within the report or as an appendix. r, t Phase 1 Project Deliverables: w Project Branding and Guide -Community Engagement Plan - Project Website Launch - Build-Out Analysis Methodology and Results Summary - Existing Conditions Assessment Report PHASE 2: PUBLIC & STAKEHOLDER ENGAGEMENT TASK 2.1 /Engagement+Publicity Review with City Staff ` The Consultant Team will meet virtually with City staff to review the dates and locations for public engagement events planned in Phase 2 and options for publicity and review c the online engagement website.The Consultant Team will provide graphics for posting ` to City social media sites,yard signs,sidewalk stickers, municipal bill stuffer,flyers,and 4 w posters as may be desired. (Virtual meeting) 15 — Supplier Response Exhibit D SECTION THREE /PROJECT WORK PLAN/SCOPE OF SERVICES ' TASK 2.2/Interactive Engagement Activities on Website P, At the start of Phase 2,the Consultant Team will update the Social Pinpoint project / website to facilitate online engagement.We would anticipate using a mapping activity,as 3_ well as an interactive idea board to help capture input on the site.This same site will host .# _ surveys and image voting and will be updated as part of Phase 4 to reveal the draft plans and seek public input.This website will be closed after the conclusion of this project. TASK 2.3 /Community Listening Sessions Early in Phase 2,the Consultant Team will hold a series of public listening sessions to gain initial feedback from the community on areas of focus for the plan update.The intent of this effort is to identify specific issues and items to poll the community as part of the Neighborhood Public Workshops later in this phase.(2 to 3 in-person, public events) TASK 2.4/Stakeholder Interviews+Focus Groups Our team will conduct key stakeholder interviews and small focus group meetings.We will ask for assistance from City staff and the Steering Committee to identify community stakeholders that can help us setup focus group meetings and conned with segments of the Iowa City population that might not otherwise participate in the planning process, including low-income residents and minority populations. t ' G `_ These one-on-one or small group settings can be especially useful in creating relationships ^, Y� with more vulnerable populations or populations that have historically been left out of jmw.,z planning processes.Our goal would be to start conversations with individuals that can be _ gateways and advocates for different minority groups throughout the community. Additionally,we would want to meet with interested Committees working in Iowa City,such Concerned about the lack as the Climate Action Committee, Housing and Community Development Commission,and of pedestrian/bicycle or others.These focus groups allow their collective voices and views to be shared with the team. connections throughout Traffic the community that are safe unman TASK 2.5/Special Events and comfortable. Downtc Higwc We will attend three community events and set up a pop-up booth to advertise the planning process and collect additional input. Our team has a large Confluence themed 0 tent that can be set up at various indoor and outdoor community events. Pop-Up Event Booths Our team can set up an engagement booth at community events, such as the Iowa City Farmers Market or Friday Night Music Concert Series.These pop-up Worried that the unique events can be used to advertise the planning process and collect additional input. naturalfeatures .. Tknrn nn Box City Event Our team will coordinate the hosting of a Box City event either with a local elementary school or the library.This event uses arts,crafts,and various shaped boxes to ry Y� P —` --Y.- help kids get involved in community visioning.We set up a base community with streets, a river,and trees and encourage kids to fill out a"building permit",design,and place their _- desired development within the community.This allows kids to feel engaged and can help bring busy parents into the fold. r 401 1 Youth Workshop Our team will host a youth-specific workshop with a group of high school-aged students to hear more about their ideas for Iowa City as future homeowners and businessowners.We would ask for City staff or Steering Committee assistance to connect us to the right group of young people. COMPREHENSIVE PLAN UPDATE /CITY OF IOWA CITY,IOWA Supplier Response Exhibit D SECTION THREE /PROJECT WORK PLAN/SCOPE OF SERVICES TASK 2.6/Public Meeting How-To Guide Our team will create engagement activities and a how-to guide for public meetings that can be used by City staff to attend additional community events throughout the planning period.These how-to guides could also be distributed to other community groups that wish to collect public input in different group settings throughout the community. We would provide all of the engagement material and provide handouts to help guide facilitation.This allows even more diverse groups to be heard in a comfortable setting. TASK 2.7/Public Visioning Neighborhood Workshops The Consultant Team will facilitate structured Public Visioning Workshops spread out across the City and planning boundary to identify key issues,priorities,opportunities,and preferences that will guide the direction of the plan update.The workshop will include a project overview session to review the findings of our initial data collection and research. Prior to commencing the community input activities,we will provide a brief"Planning 101"to explain what a Comprehensive Plan is, how it is used,and how it will impact them.A series of hands-on engagement boards and activities will be provided to help generate an overall vision for Iowa City and key project goals.This will include dot exercises,visual preference boards, land use puzzle activity,and more.(3 in-person meetings) Task 2.8/Public&Stakeholder Engagement Review with Comprehensive Plan Steering Committee Following these various public and stakeholder input meetings,the Consultant Team will meet with the Steering Committee to share all of the information gathered from the various engagement activities conducted to date.The purpose of this meeting is to review the ideas generated by the stakeholders and community members and set the preferred direction of the Comprehensive Plan. Our team will brainstorm a possible vision statement and project goal ideas with the Steering Committee based upon the summary presentation of input received.This feedback will be used in Phase 3 to create vision,goals,and key recommendations for the plan. Phase 2 Project Deliverables: Public Meeting How-To Guide+ Materials Public&Stakeholder Engagement Summary Report PHASE 3: ESTABLISHMENT OF VISION & GOALS AND KEY RECOMMENDATIONS TASK 3.1 /Project Goals and Vision Statement Based upon our review of the existing conditions analysis and public input completed during phases 1 and 2,our team will identify a series of project goals and a vision statement. TASK 3.2/Key Recommendations Summary Report Our team will prepare a key recommendations summary report for the City to review prior to the writing of the new comprehensive plan.The key recommendations summary report will identify the overarching ideas that will lead the plan formation and creation. Project goals and the vision statement from Task 3.1 will also be included within the report.The draft report will be delivered to the City and our team will wait for feedback and confirmation before moving forward on various plan draft elements. TASK 3.3/Department Head Key Recommendations Review Meeting Our team recommends a meeting with department heads and other key City staff to review the key recommendations draft report.This meeting could get all City departments on the same page and identify 17 Supplier Response Exhibit D s ------�-------„-� a, • SECTION THREE /PROJECT WORK PLAN/SCOPE OF SERVICES any missing links or issues areas before draft plan writing. It would also give other ` •'��' departments an opportunity to lobby for different ideas or recommendations to be h included in the draft plan. .:' Phase 3 Project Deliverables: Project Goals and Vision Statement s Key Recommendations Summary Report PHASE 4: DRAFT PLAN + EVALUATION TASK 4.1 /Vision+Scenario Analysis and Future Land Use Plan 0 �, Our team will build upon the lessons learned in the Build-Out Analysis,overall existing conditions analysis,and public input overview to create a series of scenarios for i future growth.These scenarios will present different development patterns,densities, transportation networks,and land use mixes. The exact nature of the scenarios will be O ` ! dependent on the yet to be completed analysis and outreach.Our team will create maps ?d : �.•� that visualize the key concepts of each scenario and will summarize the likely development potential based on the results of the Build-Out Analysis,updates to the Future Land use > © > definitions,and any zoning amendment recommendations. � Y � 8 Our team wil I work alongside City staff to create a set of scenarios that wil I then be L" —J presented to the Steering Committee for review and comment.The preferred scenario(s) will be used to help inform draft writing to further support the vision laid out in the ' ,..►r- preferred scenario. TASK 4.2/Planning Frameworks i•Auik Our team will work with City staff to create updated Planning Frameworks for desired development types that incorporate 3D representations similar to those used in the �. Build-Out Model and Scenario Planning.These planning frameworks can include community nodes/centers,corridors,employment centers,and others,as identified in ;�;�►"" the RFP.Our team will create a standard 3D representation of these typologies alongside recommendations and best practices to implement the vision.Our team will recommend ...�^' is .;��. •�, - � j "''.'7� •` :'+� specific areas within the current city limits or planning boundary for which these would be y applicable for future growth and development. �'. •tiJ .� �� rh * TASK 4.3/Draft Plan With the key recommendations report completed,our team will then begin drafting the new plan.The exact chapters will be decided based on public input and coordination with City staff,however,at a minimum it will address the items listed in the RFP and cover the following topics: land use,economic development,transportation,housing,infrastructure and utilities, parks,recreation&open space,community character,and implementation strategy. I� The draft plan will be completed in sections and sent for review.This will help create a 'r better,more responsive,and thorough planning process overall. Draft plan sections will 'f be sent to City staff for review and initial feedback prior to being shared with the Steering Committee. i COMPREHENSIVE PLAN UPDATE /CITY OF IOWA CITY,IOWA Supplier Response Exhibit D SECTION THREE /PROJECT WORK PLAN/SCOPE OF SERVICES TASK 4.4/ Draft Plan Review with Steering Committee Our team M I present elements/chapters of the draft Comprehensive to the City staff and Steering Committee,record feedback and comments,and update and modify the drafts as requested.We anticipate three to four meetings with the Steering Committee to review the plan draft.(3 to 4 meetings,in-person) TASK 4.5/Draft Plan Public Open House Our team will present the draft Comprehensive Plan at a Public Open House to be held over an afternoon and evening utilizing story boards to explain the different plan elements and chapters.This draft will be posted to the online engagement site to allow for a general public review and comment period. Task 4.6/Draft Plan joint Workshop with Planning Commission and City Council The Consultant Team will present an overview of the draft Comprehensive Plan update to the Planning Commission and City Council and provide a review of the public comments from the Public Open House and the general public comment period.Our team will record feedback and update and modify the draft as requested. Task 4.7/Public Comment and Review Period A full copy of the draft plan and the Future Land Use Plan could be uploaded to the project website.A follow-up survey or comment box will be created to collect comments about the draft.We could additionally upload the entire draft to the Adobe Cloud and allow for comments directly onto the draft PDF document.This feedback would be collected and recommended changes would be presented to City staff. Phase 4 Project Deliverables: -Draft Plan - Summary of Public Comments and Recommended Updates PHASE 5: FINAL PLAN + ADOPTION TASK 5.1 /Final Draft Plan The Consultant Team will prepare a final draft of the Comprehensive Plan and submit it to City staff for review and comment.We will address City staff comments and submit a revised final draft to City staff. TASK 5.3/Planning Commission Public Hearing The Consultant Team will attend the Planning Commission Public Hearingfor the review and recommendation on the adoption of the Comprehensive Plan.We will assist the City staff with the presentation of the Plan and will make subsequent revisions to the Plan as may be requested by the Commission and submit updated copies to City staff. TASK SA/City Council Public Hearing The Consultant Team will attend the City Council Hearing for the review and approval of the Comprehensive Plan.We will assist the City staff with the presentation of the Plan and will make subsequent revisions to the Plan as may be requested by the Council and submit updated copies to City staff. 19 Supplier Response Exhibit D 1 _.4'. SECTION THREE /PROJECT WORK PLAN/SCOPE OF SERVICES TASK 5.5/Final Plan Deliverables -- Upon adoption of the new Comprehensive Plan,our team will work with the City to assist with printing and final product deliverables includingthe following: A complete final draft of the Comprehensive Plan ready for adoption by the City, including all exhibits and attachments; Electronic copy of all digital files and data used in the creation of the Comprehensive Plan including GIS files,Word, InDesign,Office documents and data, photographs and -- other graphics An executive summary(or similar document)useful to the development community; Ten(10)bound hard copies of the adopted Comprehensive Plan Data,analysis,and all sources used to create the Comprehensive Plan, including but not limited to,spreadsheets, mapping(ESRI format); and Quote for an online version of the adopted Comprehensive Plan r t T 1W 1 ��a `J I•�, 1. Ci 'J! - •F' q •� COMPREHENSIVE PLAN UPDATE /CITY OF IOWA CITY,IOWA � �a j •:' �-- --------- _ IJLILJLIu��6❑ OLJPT ��� 635` S p li r son hi6;llCq ��0 o �..� LJLJLJ �._ OOP oa, O 0 ��°� �°� �ooa° lea e r w,3wo,rwE� w,3wonREfl ; CD Oo Co -C� ��a o,P 000o DC - � 2 i 40❑ ° � o � � � .pinQ� oO ��,, wssrx srxen wsnx srxen o�,0 e o ( 1 wxnxr,xen 1 I O�nnILD11 D7 0 - o� el—� 1 I _6_ � � - wsnx srxen �� � .....•••� e - ��Q -off, . ❑❑p OM: e� C. . m reeer w -- - wssrx srxeer L.� : �►�'.1❑ _ � 1 �'l'r��EEE1 / aor❑II � �°���C � ° d� 1 u �� .: ���' M � ♦ I• JCC�D�p� - of oo OC Cos � o, � no � C �� �Ihinit�i'f1�1r' FI� � � ■ w.zxor,xen � �� e I COCDOC� � � . ,xs E sxawxeeM � oil a _ - - *41 PROJECT COST + SCHEDULE Our estimated fee to complete all tasks identified in our proposed scope is detailed by phase below. Our scope and fee can be adjusted as needed to meet the needs and budget of the City of Iowa City. Phase 1 /Existing Conditions Analysis $79,100 Phase 2/Public&Stakeholder Engagement $62,800 Phase 3/Establishment of Vision &Goals and Key Recommendations $10,700 Phase 4/Draft Plan+ Evaluation $80,600 Phase 5/Final Plan +Adoption $10,700 Other expenses(website,travel, printing) $5,000 Total Not-to-Exceed Cost Estimate $248,900 21 I V 0 O • > • Z� • 0 O • F� W O V1 NN • Q NN • J N �O Z 0 • �N O • �N 'Q O • • O ' m� • LL� • Q O • }Q F V N V Q Do • � 0 n O N }Q} N V F O � w � O Q N • • • 1 n E 7 Q T-O Vwl N • 1 V ~ N 7 � � � Q N • _ O ¢O •• 2 O V V � � O N Q � � O N N V oD - O E W g aL+ N Y E w w VI Z O ii > a m Y > O °o_ v v F Q oo toy > > m '� ¢ °o i a - oa o 3 - �n m w F W a+ w V w n O a+ w O E E W O - on c - °0 - - Z o `° s oa Z E 0 d Z w E L a 4 T E Qo = - W o_� O .« oo - 3 on '_^ r= r= l7 s o -o l7 Q- w oo s O on _ o 0 o W a �0 = Z ° W - V E « V_ w .o w V_ a E a N O E F O T Im U C w L Y O O O J C T N Vl J O E C J N LL E J w V F o W V m `o V V V m = w m o m �_° - - - - O mc - o0 00 00 7 0 > 7 ,., 7 + V 7 U Y E N V N V Q N - - - 6 oD E - - - - 1 N 1 - W Qj EO O "�'' Yi > '�' O - - - N O M O T O- 0 - m m m m N Y ON w V m V w Y n w > n n n n d � � a � N F L rv1 •3 �n r0 I� m O� � a � N m a � r0 r m a � N rv1 a � N rv1 •3 � r0 r a � N rv1 •3 0 1, 1 N N N 1 N N N N N N N N 1 m m m y a a a a a a a 1 Supplier Response Exhibit o SECTION FIVE / REFERENCE PROJECTS L Vl-�'l :2 CREEK _11HULL IT] _-IFFIrTT� M9 FAIRM yv Fir- 911P CL ������� ���������� ����������U��U0y� PLAN PROJECT DETAIL n��n�n��nxnn���� TOGETHER x.��n�n� nx�nn�n��nn �� � ���n� Location Mission is a landlocked, first-ring suburb of Kansas City, M[], and Mission, Kansas desired 8 plan that incorporated SUSt8iD8bilitVth[OUghOUt the Client [ODlDlUDitV and Dl8k�S �h� DlO�� of their d�V�lOpDl�D� pO��D�i8l� ' City of Mission, Kansas The City ofMission, Kunsus,u first-ring suburb of Kansas City, Missouri,was seeking Size a plan to help identify how to put sustainability at the forefront of decision-making —2.68sq. miles while also making the most of their limited redevelopment potential.Confluence partnered with VYSPtocreate u new Comprehensive Plan that identified strategic 9\O13 population<2O22> opportunities to enhance streetscupes.expand mixed-use corridors,enhance the Reference trail network increase housing supply,and promote transit.Significant time was Brian Scott spent planning for the Johnston Drive corridor,an important arterial roadway that also is home to their Downtown,major commercial areas,and much of their Deputy City Administrator recent redevelopments.The final plan includes main report and two appendices City ofMission, KS highlighting the robust existing conditions analysis and public outreach that took bscott@missionks.org place to create the final recommendations. 913.676.8353 A copy of the plan can be found ai this link: ' ��uon . E �r' | ~UND IT"U7 * . ,""""""." /= Supplier Response Exhibit o SECTION FIVE / REFERENCE PROJECTS -------------------- ------------- --- -- � � - " _ BUUUU DUNG BONDUURANT COMPREHENSIVE PLAN PROJECT DETAIL Location The City has bOODliDg light industrial and residential growth, and 8ondurant, |owu this plan was created to help the community plan for growth while retaining its hometown feel. Client City of8ondurant. Iowa 8ondurant is historic railroad town outside of Des Moines. Iowa,that has seen u significant uptick in light industrial and population growth following the selection Size of the community for the region's two Amazon facilities. Alongside this new growth -9.1 sq. miles and opportunity are u series of quaint and historic core neighborhoods and u small 8,035 population downtown with u unique opportunity for expansion due to u soon-to-be abandoned co-op grain elevator facility.The community wants to protect its history and Reference hometown feel while also allowing thoughtful new growth opportunities. Murketu Oliver,City Administrator City of8ondurant The new plan,entitled Building 8ondurant, provides u thoughtful set of strategies to mo|iver@dtyofbondurantzom allow for expanded housing choice and commercial and industrial development with 515.967.241O un overarching theme of community character preservation. A copy of the approved plan can be found ut this link: Supplier Response Exhibit D SECTION FIVE / REFERENCE PROJECTS THE KC SPIRIT PLAYBOOK 4 � }J y 4 •¢ ¢•¢• •r 1 r f f TOMORROW TOGETHER COMPREHENSIVE PLAN PROJECT DETAIL Location The Kansas City Spirit Playbook is the City of Kansas City, Missouri's first Kansas City, Missouri comprehensive plan update in 25 years.The Spirit Playbook represents a departure from traditional comprehensive planning and will be organized not by siloed topic Client areas, but instead by broad inter-connected topic areas using a holistic Future City of Kansas City, Missouri Ready planning approach.WSP is leading the development of the mobility, livability, and serviceability elements of the plan.These topic areas cover a broad range of Size elements from Vision Zero and complete streets to sustainability, housing,growth, 509,297 population(2022) and neighborhood revitalization.All of these elements were viewed through an equity lens. Promoting equitable outcomes for all residents is the primary focus of Reference the entire plan. Gerald Williams,AICP Division Manager Another critical aspect of the plan is process and policy change. Many of the Long-Range Planning& same themes had been heard from Kansas City residents since the previous Preservation comprehensive plan update, but little progress had been made on things like City of Kansas City, MO multimodal mobility and equity. Part of the KC Spirit Playbook is a comprehensive geraldwilliams@kcmo-org review of peer cities and Kansas City processes and policies.WSP is making 816.513.2897 recommendations to update the policies and processes of Kansas City to promote implementation of the Spirit Playbook recommendations. Feedback from the public was critical to the project.WSP lead 12 public meetings and multiple other stakeholder meetings.These meetings were performed all virtual because of the COVID-19 pandemic and utilized many interactive tools like Mentimeter and Mural to drive participation. Nearly 1,000 residents attended these meetings over the course of the project, providing valuable feedback and creating momentum for the plan recommendations. 25 COMPREHENSIVE PLAN UPDATE /CITY OF IOWA CITY,IOWA Supplier Response Exhibit D SECTION Fivr / KLFFKFNCE PROJECTS OTHER PLANNING EXAMPLES Below is a list of other completed planning projects that showcase our work and skillset. Comprehensive Plans Polk 2050 Comprehensive Plan/Des Moines, Iowa http://books.thinkconfluence.com/books/zxbm Merriam 2040 Comprehensive Plan/Merriam, Kansas http://books.thinkconfluence.com/booka/�hy:L Planning Paola Comprehensive Plan/Paola, Kansas http://books.thinkconfluence.com/books/zzqr Parkville 2050 Master Plan/Parkville, Missouri http://books.thinkconfluence.com/booka/i—qt-q Envision Adel/Adel, Iowa http://books.thinkconfluence.com/books/dekd Vision Van Meter/Van Meter, Iowa http://books.thinkconfluence.com/books/rddk Our Ottumwa/Ottumwa, Iowa http://books.thinkconfluence.com/books/mudd Roeland Park Comprehensive Plan/Roeland Park, Kansas http://books.thinkconfluence.com/books/ohvq Ankeny 2050 Comprehensive Plan/Ankeny, Iowa http://books.thinkconfluence.com/books/dslc Crete Comprehensive Plan/Crete, Nebraska http://books.thinkconfluence.com/books/pyxu Grain Valley Comprehensive Plan/Grain Valley, Missouri http://books.thinkconfluence.com/books/fuqh Winterset Comprehensive Plan/Winterset, Iowa http://books.thinkconfluence.com/books/paho Other Planning Work South of Grays Lake Master Plan/Des Moines, Iowa http://books.thinkconfluence.com/books/locz Knoxville Housing Study+ Needs Assessment/Knoxville, Iowa http://books.thinkconfluence.com/books/fhcs 2035 Downtown Sioux Falls Public Engagement Summary/Sioux Falls,South Dakota http://books.thinkconfluence.com/books/qnIb St. Cloud Summit Briefing Report/St. Cloud, Minnesota http://books.thinkconfluence.com/books/uuIm The Crossings Corridor Master Plan/Gretna, Nebraska http://books.thinkconfluence.com/books/rtbz Urbana Downtown Public Realm Study/Urbana, Illinois http://books.thinkconfluence.com/books/aoas 26 Supplier Response Exhibit D Appendix C Wage Theft Affidavit Supplier Response Exhibit D Wage Theft Policy It is the policy of the City of Iowa City, as expressed by City Council Resolution No. 15-364 adopted on November 10, 2015, not to enter into certain contracts with, or provide discretionary economic development assistance to, any person or entity (including an owner of more than 25% of the entity) who has admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages, for a period of five (5) years from the date of the last conviction,entry of plea,administrative finding or admission of guilt. (hereinafter"Wage Theft Policy") 1. Anolication. The Wage Theft Policy applies to the following: a. Contracts in excess of$25,000 for goods, services or public improvements. b. Contracts for discretionary economic development assistance. "Discretionary"economic development assistance shall mean any economic development assistance provided by the City of Iowa City that is not required by law. 2. Exceptions. The Wage Theft Policy does not apply to emergency purchases of goods and services, emergency construction or public improvement work, sole source contracts excepted by the City's purchasing manual,cooperative/piggyback purchasing or contracts with other governmental entities. 3. Affidavit. The contracting entity must complete the attached affidavit showing compliance with the Wage Theft Policy and submit it along with the request for bid or request for proposal required documents. Contract provision: Any contract to which this policy is applicable will include the following contract provision: If the City becomes aware that a person or entity(including an owner of more than 25%of the entity)has admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law,the Iowa Minimum Wage Act,the Federal Fair Labor Standards Act or any comparable state statute or local ordinance,which governs the payment of wages,within the five (5) year period prior to the award or at any time after the award,such violation shall constitute a default under the contract. 4. Waivers. If a person or entity is ineligible to contract with the City as a result of the Wage Theft Policy it may submit a request in writing indicating that one or more of the following actions have been taken: a.There has been a bona fide change in ownership or control of the ineligible person or entity; b. Disciplinary action has been taken against the individual(s)responsible for the acts giving rise to the violation(s); c. Remedial action has been taken to prevent a recurrence of the acts giving rise to the disqualification or default;or d.Other factors that the person or entity believes are relevant. The City Manager or Designee shall review the documentation submitted, make any inquiries deemed necessary, request additional documentation if warranted and determine whether a reduction in the ineligibility period or waiver is warranted. Should the City Manager or Designee determine that a reduction or waiver of the ineligibility period is warranted the City Manager or Designee shall make such recommendation to the City Council. The City Council will make a final decision as to whether to grant a reduction or waiver. Supplier Response Exhibit D Wage Theft Affidavit I Christopher Shires ,certify under penalty of perjury and pursuant to the laws of the State of Iowa that the following is true and correct: L I am the Principal /Vice President (position)of Confluence, Inc. ("contracting entity") and have the authority to execute this affidavit on behalf of said contracting entity and any person or entity with an ownership interest in said contracting entity of more than 25%. 2. Neither Confluence, Inc. (contracting entity)nor any person or entity with an ownership interest of more than 25%of said contracting entity has been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection Law,the Iowa Minimum Wage Act,the Federal Fair Labor Standards Act or any comparable state statue of local ordinance,which governs the payment of wages in the last 5 years. Signature Item Number: 6.d. CITY OF IOWA CITY Q COUNCIL ACTION REPORT November 4, 2024 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 Neumann Monson Architects Inc., of Iowa City, Iowa to provide architectural and engineering consultant services for the Transit and Equipment Facilities Replacement Project. Prepared By: Michelle Riedinger - Senior Facilities Design and Construction Manager Reviewed By: Dan Striegel - Equipment Superintendent Darian Nagle-Gamm - Transportation Director Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: $1,636,344 available in the Transit Maintenance Facility Relocation Account #T3055 and the Equipment Maintenance Facility Replacement Account #P3953 Staff Recommendation: Approval Attachments: Resolution Agreement Executive Summary: This agenda item approves the consultant agreement with Neumann Monson Architects Inc. of Iowa City, Iowa for the architectural and engineering consultant services for the new Transit and Equipment facilities on the Public Works Campus, near the intersection of Gilbert Street and McCollister Boulevard. Background /Analysis: Both the transit and equipment maintenance facilities, currently located at 1200 S Riverside Drive, have reached the end of their useful lives. Maintenance costs continue to increase and ground subsidence issues increasingly impact operations. Additionally, the Transit Facility's structure and electrical service limit the ability to incorporate additional electric buses into the Transit fleet. Iowa City has received over $19 million in federal funding for the design and construction of a new facility. To comply with provisions of the federal grant administered by the Federal Transit Administration (FTA), the Consultant Agreement is split into 4 parts. This item approves Part 1, Facility Planning and Environmental Investigation. If Parts 2, 3, and 4 were to immediately follow issuance of NEPA findings, they would be added by amendment(s) based on the results of previous phases and the total cost of services is anticipated not to exceed $4,970,143 for all four (4) parts. - 2 - Part 1: Facility Planning and Environmental Investigation Part 2: Architectural and Engineering Design Part 3: Bid Phase and Construction Phase Services Part 4: Existing Facility Demolition Exhibit A, incorporated herein by this reference, provides a description of the tasks under Part 1 Scope of Services. Exhibit B, incorporated herein by this reference, provides a description of the anticipated tasks under Parts 2, 3, and 4. II. Time of Completion The Consultant shall complete Part 1 of the Project in accordance with the schedule shown. Assuming the Notice to Proceed for Part 1 is received by November 5, 2024, a graphical view of the schedule will be provided at the kick-off meeting. Tasks are to be completed on or before the dates indicated below. Project kick-off meeting November 30, 2024 Space Programming Interviews December 31, 2024 Submits ace allocation report to CIC Task B deliverable February 1, 2025 City review and notice to proceed to Task C March 1, 2025 Concept Design Charrette April 30, 2025 Submit conceptual design document to CIC (Task C June 1, 2025 deliverable City review and notice to proceed to Task F July 1, 2025 Initial FTA Region 7 Facility Planning Basis Information Sheet August 1, 2025 Submittal to Regional FTA staff Task C deliverable Submit FTA Region 7 Environmental Evaluation Worksheet September 1, 2025 Submit schematic design documents to CIC (Task F November 1, 2025 deliverable FTA notifies CIC that NEPA is complete FTA determined date Part 2-4 TBD by future amendment Low No Grant that the City received in June 2023 must be obligated by the end of Federal Fiscal Year(FFY) 26. The Consultant will aid the City in reaching this milestone by preparing or assisting in the preparation of planning, environmental, and design documents as required by regional and national FTA staff. III. Compensation for Services Compensation shall be based on the hourly rates shown on the attached Exhibit C, incorporated herein by this reference. The total cost of services shall not exceed (NTE) $1,636,344 for Part 1. If Part 2, 3, and 4 were to immediately follow issuance of NEPA findings, the anticipated breakdown of cost of services is shown below for each part. Fee For Part 2 Services $1,814,377 1 Part 2 anticipated NTE contract amount Fee For Part 3 Services $1,377,563 1 Part 3 anticipated NTE contract amount - 3 - Fee For Part 4 Services $141,859 1 Part 4 anticipated NTE contract amount The total cost of services is anticipated not to exceed $4,970,143 for all four(4) parts. If Consultant is contracted to perform any Part beyond Part 1, Consultant may submit updated hourly rates as part of a contract amendment each Part identified above. For any of Parts 2, 3, and 4, the hourly rates paid to Consultants shall not rise more than 3% per calendar year. IV. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 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 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 "not-to-exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) 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 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. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative - 4 - 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. I. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional as required by Iowa law. J. 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. K. 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. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges 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. O. Indemnification 1. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub-consultants, and others for whom Consultant is legally liable, and the term "City" means and includes - 5 - the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance 1. 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 in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non-renewal or cancellation notice. Q. Standard of Care 1. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances. The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. 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. - 7- Exhibit A Professional design services, including but not limited to; Architectural, Vehicle Maintenance Equipment Design, Structural Engineering, Mechanical Engineering, Electrical Engineering, Civil Engineering, Landscape Architecture, Sustainable Design, Hazardous Material Survey, and Geotechnical Investigation, related to the design of a new transit and equipment operations and maintenance facility. Facility may be 1 or 2 buildings, configuration shall be selected during Part 1. Consultant will maintain meeting minutes for stakeholder programming meetings, design review meetings, construction progress meetings and any other design meetings that dictate a decision being reached between the City and Consultant or Contractor. Part 1 — Facility Planning and Environmental Investigation: Task A: Assemble and Review Background Information • Obtain prior plans, reports and other applicable documents related to the project. These may include roadway, electrical infrastructure, fiber optic, storm sewer, water distribution and sanitary sewer plans and projects for the corridor, environmental documents, private utilities, and master plan studies. • Analysis of existing site conditions to develop design objectives, constraints, opportunities, and criteria to identify all project parameters. • Preliminary designation of project boundaries. Task B: Facility Programing • Research and validate space programming and operating requirements for each functional area. Major functions previously identified in the master plan that should be included consist of administrative and operational office spaces, maintenance and repair areas, parts storage, fueling, heated and unheated vehicle storage, and employee amenities. • Conduct staff/stakeholder interviews and prepare a detailed space allocation program, including site spatial needs for requirements such as heated bus storage, exterior equipment storage, bus charging /fueling and wash facilities, and employee parking. The program will reflect specific code issues such as ADA compliance and applicable building codes. • Review site traffic access to road network and internal site circulation. Recommend improvements as needed. • Consider sustainable building options and provide summary report for City consideration and possible selection to pursue a sustainable building certification. Task C: Conceptual Layout • Conduct one design charrette with City staff to develop up to 6 explorative concept layout options. Collect City staff feedback and refine a maximum of 3 site and building layout options that include vehicle flow through key function areas. - 8- • Identify and evaluate potential design options, with functionality, aesthetics, cost, schedule, FTA grant eligibility, and environmental impacts being among some of the evaluation criteria. Concepts may be one or more buildings. • Develop a document summarizing the progression to the selected site layout and an overview of the building layout and systems. Identify utility needs and anticipated tie-in points. • Consider future facilities to be built on Napoleon Lane site. • Assist City of Iowa City with completion of FTA Region VII Facility Planning and Basis Information (FBI) Sheet, including developing staffing and fleet projections, floor plans for proposed facilities, and project budget. • Include a summary report of operations and equipment that needs to be relocated from existing structures at Napoleon Lane site that will be demolished to accommodate new facility. Task D: NEPA Process & Permitting Process The NEPA process shall include sufficient analyses, documents, applications and submissions required to obtain all federal, state, and local environmental permits for the project and in conformance with requirements to receive federal funding. This will include compliance with the NEPA, Historic Preservation and Section 4(f). Review the previously completed analysis of the Napoleon Lane site and update it as needed. The NEPA document will analyze site boundary that extends east to Gilbert Steet and south to McCollister Boulevard, including the potential use of the corner lot. At a minimum, the NEPA process will address the following: 1. Floodplains and wetlands, in accordance with E.O. 11988 and E.O. 11990, and any required permits from U.S. Army Corps of Engineers, Federal Emergency Management Agency (FEMA), State of Iowa and Iowa DNR. 2. Consultation/completion of Section 106 requirements with the State Historic Preservation Officer, including any required archeological surveys (including borrow areas); 3. Investigation and documentation of Hazardous Materials that may be present on site, including an asbestos survey of existing Quonsets to be demolished. 4. Consultation with the U.S. Fish and Wildlife Service regarding endangered species; As outlined in FTA project manual, entering Design Development phase is contingent on completion and FTA providing a formal findings letter. Services related to Phase 2 environmental studies are not included in this contract. Task E: Coordination of FTA Requirements & Funding Grant Agreement Assistance • The consultant shall support the City of Iowa City to ensure the site and new facility remain eligible for FTA funding. • Assist the City with preparing documentation and adherence to procedures to receive FTA grant and any other federal or state money. - 9- Task F: Schematic Design Phase (30% Set) • Conduct geotechnical investigations to determine soil conditions and site preparation needed. • Conduct site survey to confirm property information and provide base maps for project. • The Schematic Design Documents shall consist of drawings and other documents including: o Site plan identifying potential utility tie-ins o Preliminary building plans inclusive of all programming elements location and size, o Building sections o Building elevations. • Preliminary selections of major building systems and construction materials shall be noted in the drawings. • Prepare project cost estimate based on square foot cost of similar facilities. - 10 - Exhibit B Part 2 —Design Development and Contract Documents - cannot begin until FTA has completed the planning and environmental review of 30% set and environmental assessment, and City has executed amendment to this Agreement. The scope of the amendment is anticipated to include, but not be limited to, the following: Task G: Design Development Phase • Develop Design Development Documents that consist of Drawings and Specifications, that sufficiently detail the construction of the facility with City and FTA review at roughly 60% complete. Design Development Documents shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels. • Coordinate with City to select equipment that meets current and projected future operations of the new facility. • Develop documents that sufficiently detail the demolition of existing buildings at Napoleon Lane, including coordination of relocation of operations and equipment with City. • Provide detailed cost opinions at completion of Design Development (60% complete). If required, Consultant will prepare and participate in up to 2 VE meetings with the City during the Design Development Phase. • Assist City in developing anticipated construction schedule and duration including Critical Path activities. • Assist City in application for required permits for construction of facility. • Develop Energy Modeling sufficient for LEED submittal, beyond that provided under MidAmerican's Commercial New Construction • Building to be designed to accommodate future solar array and battery storage. The design of Solar Array and Battery storage is not included in this scope of service. These services may be provided as an additional service. Task H: Contract Documents Phase • Further develop Design Development Documents, to provide contract documents, Drawings and Specifications that sufficiently detail the construction of the facility with City and FTA review at roughly 90% complete. • Contract Documents shall include procedural documentation that complies with Federal and State bidding requirements. • Coordinate with the City to develop front end specification documents using the city's standard template. - 11 - • Provide detailed cost opinions at and 90% complete contract documents. If required, Consultant will prepare and participate in up to 2 VE meetings with the City during the Contract Document Phase. • If the lowest responsive, responsible bid exceeds the final estimated construction cost, by more than 10% and the City chooses to revise the project, program and scope in order to reduce construction costs and rebid. The Consultant shall redesign the project, including any services defined herein as necessary without charge to the City unless the construction cost overage was due to market conditions the Architect could not reasonably anticipate. - 12 - Part 3— Bid Phase and Construction Phase Services Task I: Bidding and Award • Attend Pre-Bid meeting and support City in procurement activities. • Aid in substitution request reviews and bidder questions and issuing of any addendums. • Value Engineering post bid as a result of dissatisfactory bid results is not currently anticipated to be included in the scope of this contract but may be provided as an additional service if required. Task J: Construction Phase Services • Review submittals and respond to questions within appointed time per Specifications. • Conduct periodic site reviews in accordance with AIA schedule to assess general conformance to construction documents. • Attend regularly scheduled construction meetings, pre-installation meetings, and resolution meetings as requested by the City for problems that arise during the construction of the facility. • Support in start up and commissioning activities, securement of occupancy, and any sustainability audits needed to secure intended designations. • Services related to Davis Baccon reporting are not currently anticipated to be included within the scope of this contract but may be provided as an additional service if desired. Task K: Warranty and Project Close Out • Provide record documents, including operation and maintenance documentations, commissioning and balancing reports for equipment installed. • Participate in review of facility 11 months after substantial completion to identify any items to be corrected under the warranty. • Submit documentation and fees for LEED certification. - 13 - Part 4—Existing Facility Demolition Task L: Demolition Documents • Develop documents that sufficiently detail the demolition of existing Transit Facility, • Provide Phase1 environmental survey and asbestos sampling • Services related to Phase 2 environmental studies are not currently anticipated to be included in this contract • Provide site survey to be used for utility locations for service terminations and development of SWPP Plan • Coordinate with the City to develop front end specification documents in addition to providing technical specifications. Task M: Demolition Bidding and Award • Attend Pre-Bid meeting and support City in procurement activities. • Aid in responding to bidder questions and issuing of any addendums. Task N: Demolition Phase Services • Review submittals and respond to questions within appointed time per Project Specifications. • Conduct periodic site reviews in accordance with AIA schedule to assess general conformance to demolition documents. • Attend regularly scheduled demolition progress meetings, pre-activity meetings and other meetings relating to demolition activity as requested by the City. - 14- Exhibit C Schedule of Hourly Rates: The following schedule of charges for services will apply to work performed during Part 1. Various personnel of the firm have been classified according to experience and technical training,and the following schedule of charges for services will apply for all work performed during part 1 of the Iowa City Transit and Equipment contract. CLASSIFICATION HOURLY RATE CLERICAL 1 $78.75 CLERICAL 11 $89.25 CLERICAL 111 $99.75 TECHNICAL STAFF 1 $89.25 TECHNICAL STAFF 11 $105.00 TECHNICAL STAFF 111 $115.50 TECHNICAL STAFF IV $126.00 TECHNICAL STAFF V $141.75 TECHNICAL STAFF VI $157.50 TECHNICAL STAFF VII $173.25 INTERIOR DESIGNER 1 $94.50 INTERIOR DESIGNER 11 $110.25 INTERIOR DESIGNER 111 $126.00 INTERIOR DESIGNER IV $141.75 INTERIOR DESIGNER V $157.50 INTERIOR DESIGNER VI $173.25 INTERN ARCHITECT 1 $94.50 INTERN ARCHITECT 11 $110.25 INTERN ARCHITECT 111 $126.00 INTERN ARCHITECT IV $141.75 ARCHITECT 1 $126.00 ARCHITECT 11 $136.50 ARCHITECT 111 $147.00 ARCHITECT IV $157.50 ARCHITECT V $173.25 ASSOCIATE 1 $136.50 ASSOCIATE 11 $147.00 ASSOCIATE 111 $157.50 ASSOCIATE IV $173.25 ASSOCIATE V $189.00 ASSOCIATE PRINCIPAL 1 $168.00 ASSOCIATE PRINCIPAL 11 $183.75 ASSOCIATE PRINCIPAL 111 $199.50 PRINCIPAL 1 $210.00 PRINCIPAL 11 $236.25 PRINCIPAL 111 $240.00 - 15 - All services performed by sub consultants will be billed at sub consultant's hourly rates or expenses incurred plus ten percent (10%). - 16 - Exhibit D: Federal Clauses A.1 ACCESS TO RECORDS AND REPORTS a) Record Retention. The Consultant (hereinafter, "Contractor') will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third-party agreements of any type, and supporting materials related to those records. b) Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c) Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. d) Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. A.2 ACCESS REQUIREMENTS FOR PERSONS WITH DISABILITIES The Contractor agrees to comply with the provisions of 49 U.S.C. § 5301(d), which sets forth the Federal policy that elderly persons and persons with disabilities have the same right as other persons to use transit service and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly persons and persons with disabilities. The Contractor also agrees to comply with all applicable requirements of the following Federal laws and any subsequent amendments thereto: section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicap; the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires accessible facilities and services to be made available to persons with disabilities; and the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to the Act. In addition, the contractor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, US GSA, ES EEOC, US FCC, any subsequent amendments thereto and any other nondiscrimination statue(s) that may apply to the project. A.3 CHANGES TO FEDERAL REQUIREMENTS Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the City (hereinafter, "Agency") and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. A.4 CIVIL RIGHTS LAWS AND REGULATIONS The following Federal Civil Rights laws and regulations apply to all contracts. - 17 - Federal Equal Employment Opportunity(EEO) Requirements. These include, but are not limited to: a) Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age, and prohibits discrimination in employment or business opportunity. b) Prohibition against Employment Discrimination. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Executive Order No. 11246, "Equal Employment Opportunity," September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin. 2. Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 C.F.R. part 25 prohibit discrimination on the basis of sex. 3. Nondiscrimination on the Basis of Age. The "Age Discrimination Act of 1975," as amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human Services implementing regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity Commission (EEOC) implementing regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age. 4. Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies. Civil Rights and Equal Opportunity The City is an Equal Opportunity Employer. As such, the City agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the City agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. 1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. - 18 - 2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. A.5 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401-7671 q and Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251-1387. The Contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Contractor agrees: 1. It will not use any violating facilities; 2. It will report the use of facilities placed on or likely to be placed on the U.S. EPA "List of Violating Facilities;" 3. It will report violations of use of prohibited facilities to FTA; and 4. It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 —7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387). - 19 - A.6 CONFORMANCE WITH ITS NATIONAL ARCHITECTURE Intelligent Transportation Systems (ITS) projects shall conform to the National ITS Architecture and standards. Conformance with the National ITS Architecture is interpreted to mean the use of the National ITS Architecture to develop a regional ITS architecture in support of integration and the subsequent adherence of all ITS project to that regional ITS architecture. Development of the regional ITS architecture should be consistent with the transportation planning process for Statewide and Metropolitan Transportation Planning (49 CFR Part 613 and 621). A.7 DISADVANTAGED BUSINESS ENTERPRISE (DBE) For all DOT-assisted contracts, each FTA recipient must include assurances that third party contractors will comply with the DBE program requirements of 49 C.F.R. part 26, when applicable. The following contract clause is required in all DOT-assisted prime and subcontracts: The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: 1. Withholding monthly progress payments; 2. Assessing sanctions; 3. Liquidated damages; and/or 4. Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. § 26.13(b). Overview It is the policy of the City and the United States Department of Transportation ("DOT") that Disadvantaged Business Enterprises ("DBE's"), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-assisted contracts. It is also the policy of the City to: 1. Ensure nondiscrimination in the award and administration of DOT-assisted contracts; 2. Create a level playing field on which DBE's can compete fairly for DOT-assisted contracts; 3. Ensure that the DBE program is narrowly tailored in accordance with applicable law; 4. Ensure that only firms that fully meet 49 C.F.R. part 26 eligibility standards are permitted to participate as DBE's; 5. Help remove barriers to the participation of DBEs in DOT assisted contracts; 6. To promote the use of DBEs in all types of federally assisted contracts and procurement activities; and 7. Assist in the development of firms that can compete successfully in the marketplace outside the DBE program. This Contract is subject to 49 C.F.R. part 26. Therefore, the Contractor must satisfy the requirements for DBE participation as set forth herein. These requirements are in addition to all other equal opportunity employment requirements of this Contract. The City shall make all determinations with regard to whether or not a Offeror is in compliance with the requirements stated herein. In assessing - 20 - compliance, the City may consider during its review of the Offeror's submission package, the Offeror's documented history of non-compliance with DBE requirements on previous contracts with the City. Contract Assurance The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the City deems appropriate. DBE Participation For the purpose of this Contract, the City will accept only DBE's who are: 1. Certified, at the time of bid opening or proposal evaluation, by the Iowa DOT; 2. An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status or an agency whose DBE certification process has received FTA approval; DBE Participation Goal There will not be a Disadvantaged Business Enterprise (DBE) goal on this contract. Iowa City Transit participates in the DBE program per requirements for the FTA and encourages consultants to utilize DBEs and other small businesses. Refer to Iowa City Transit's latest DBE program for current overall DBE goal Termination of DBE Subcontractor The Contractor shall not terminate the DBE subcontractor(s) listed in the DBE Statement of DBE Commitments without the City's prior written consent. The City may provide such written consent only if the Contractor has good cause to terminate the DBE firm. Before transmitting a request to terminate, the Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request. The Contractor shall give the DBE five days to respond to the notice and advise of the reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify the City in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated. Failure to comply with these requirements will be in accordance with Sanctions for Violations. Continued Compliance The City shall monitor the Contractor's DBE compliance during the life of the Contract. It will be the responsibility of the Contractor to submit quarterly written reports to the City that summarize the total DBE value for this Contract. These reports shall provide the following details: • DBE utilization established for the Contract; • Total value of expenditures with DBE firms for the quarter; - 21 - • The value of expenditures with each DBE firm for the quarter by race and gender; • Total value of expenditures with DBE firms from inception of the Contract; and • The value of expenditures with each DBE firm from the inception of the Contract by race and gender. Reports and other correspondence must be submitted to the DBE Coordinator with copies provided to the City of Iowa City. Reports shall continue to be submitted quarterly until final payment is issued or until DBE participation is completed. The successful Offeror shall permit: • The City to have access to necessary records to examine information as the City deems appropriate for the purpose of investigating and determining compliance with this provision, including, but not limited to, records of expenditures, invoices, and contract between the successful Bidder/Offeror and other DBE parties entered into during the life of the Contract. • The authorized representative(s) of the City, the U.S. Department of Transportation, the Comptroller General of the United States, to inspect and audit all data and record of the Contractor relating to its performance under the Disadvantaged Business Enterprise Participation provision of this Contract. • All data/record(s) pertaining to DBE shall be maintained as stated in Section A.1 — Records and Reports. Sanctions for Violations If at any time the City has reason to believe that the Contractor is in violation of its obligations under this Agreement or has otherwise failed to comply with terms of this Section, the City may, in addition to pursuing any other available legal remedy, commence proceedings, which may include but are not limited to, the following: • Suspension of any payment or part due the Contractor until such time as the issues concerning the Contractor's compliance are resolved; and • Termination or cancellation of the Contract, in whole or in part, unless the successful Contractor is able to demonstrate within a reasonable time that it is in compliance with the DBE terms stated herein. A.8 ENERGY CONSERVATION The contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. A.9 GOVERNMENT-WIDE DEBARMENT AND SUSPENSION The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 C.F.R. part 1200, which adopts and supplements the Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently - 22 - declared by any Federal department or agency to be: a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in ay federally assisted Award. A.10 INCORPORATION OF FTA TERMS The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in the current version of FTA Circular 4220 are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City of Iowa City requests which would cause City of Iowa City to be in violation of the FTA terms and conditions. A.11 LOBBYING RESTRICTIONS Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the Agency. A.12 NO GOVERNMENT OBLIGATION TO THIRD PARTIES The Agency and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Agency, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. - 23 - A.13 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(I) on the Contractor, to the extent the Federal Government deems appropriate. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. A.14 PROMPT PAYMENT The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from City of Iowa City. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Iowa City. This clause applies to both DBE and non-DBE subcontractors. A.15 RECYCLED PRODUCTS The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6962, and U.S. Environmental Protection Agency (U.S. EPA), "Comprehensive Procurement Guideline for Products Containing Recovered Materials," 40 C.F.R. part 247. A.16 SAFE OPERATION OF MOTOR VEHICLES Seat Belt Use The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company-rented vehicles, or personally operated vehicles. The terms "company-owned" and "company-leased" refer to vehicles owned or leased either by the Contractor or the City. - 24 - Distracted Driving The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this agreement. A.17 SEISMIC SAFETY The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation (DOT) Seismic Safety Regulations 49 C.F.R. part 41 and will certify compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract, including work performed by a subcontractor, is in compliance with the standards required by the Seismic Safety regulations and the certification of compliance issued on the project. A.18 TERMINATION Termination for Convenience (General Provision) The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the City's best interest. The Contractor shall be paid its costs, including contract close- out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid to the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a Notice of Termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience. Opportunity to Cure (General Provision) The City, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 7 days in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to the City's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within 7 days after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its - 25 - sureties for said breach or default. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other covenant, term, or condition of this contract. Termination for Convenience The City, by written notice, may terminate this contract, in whole or in part, when it is in the City's interest. If this contract is terminated, the City shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. Termination for Convenience or Default (Architect and Engineering) The City may terminate this contract in whole or in part, for the City's convenience or because of the failure of the Contractor to fulfill the contract obligations. The City shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the City's Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. the City has a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, all such data, drawings, specifications, reports, estimates, summaries, and other information and materials. If the termination is for the convenience of the City, the he City's Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the City may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the City. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City. A.19 TRAFFICKING IN PERSONS The contractor agrees that it and its employees that participate in the Recipient's Award, may not: Engage in several forms of trafficking in persons during the period of time that the Recipient's Awards is in effect, Procure a commercial sex act during the period of time that the Recipient's Awards is in effect, or Use forced labor in the performance of the Recipient's Awards or sub agreements thereunder. A.20 VIOLATION AND BREACH OF CONTRACT Rights and Remedies of the City The City shall have the following rights in the event that the City deems the Contractor guilty of a breach of any term under the Contract. - 26 - 1. The right to take over and complete the work or any part thereof as agency for and at the expense of the Contractor, either directly or through other contractors; 2. The right to cancel this Contract as to any or all of the work yet to be performed; 3. The right to specific performance, an injunction or any other appropriate equitable remedy; and 4. The right to money damages. For purposes of this Contract, breach shall include failure to meet submittal schedule as agreed upon in executed consultant contract unless communicated and agreed upon by the City, failing to provide documentation needed to secure permits that impacts project schedule or scope, or failing to provide any of the deliverables listed in contract. Rights and Remedies of Contractor Inasmuch as the Contractor can be adequately compensated by money damages for any breach of this Contract, which may be committed by the City, the Contractor expressly agrees that no default, act or omission of the City shall constitute a material breach of this Contract, entitling Contractor to cancel or rescind the Contract (unless the City directs Contractor to do so) or to suspend or abandon performance. Remedies Substantial failure of the Contractor to complete the Project in accordance with the terms of this Agreement will be a default of this Agreement. In the event of a default, the City will have all remedies in law and equity, including the right to specific performance, without further assistance, and the rights to termination or suspension as provided herein. The Contractor recognizes that in the event of a breach of this Agreement by the Contractor before the City takes action contemplated herein, the City will provide the Contractor with sixty (60) days written notice that the City considers that such a breach has occurred and will provide the Contractor a reasonable period of time to respond and to take necessary corrective action. Disputes Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the City Engineer. This decision shall be final and conclusive unless within [10] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the City's Public Works Director. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Public Works Director shall be binding upon the Contractor and the Contractor shall abide by the decision. Pending final settlement of any dispute, the parties shall proceed diligently with the performance of the Contract, and in accordance with the City's direction or decisions made thereof. Performance during Dispute Unless otherwise directed by the City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of its employees, agents or others for whose acts it is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. - 27 - Remedies Unless this Contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided in a court of competent jurisdiction within the State in which the City is located. Rights and Remedies The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. Exhibit E: Certifications and Assurances Certification Regarding Debarment and Suspension This contract will be a covered transaction for purposes of 49 CFR Part 29. As such, the Consultant (hereinafter, "Contractor') Contractor is required to verify that none of the Contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the City of Iowa City. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Iowa City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Authorized Official: David ahradnik Signature: Date: October 21, 2024 Where the Contractor is unable to certify to any of the statements in this certification, such Contractor shall attach an explanation to this proposal. The Contractor, , certifies or affirms the truthfulness and accuracy of the contents of the statement submitted on or with this certification and understands that the provisions of 31 U.S.C. Sections 3801 ET Seq. are applicable thereto. Authorized Official: Signature: Date: Certification of Compliance with Federal Lobbying Regulations The undersigned certifies to the best of his/her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. X� By: October 21, 2024 r X114 Signature of dompany Official Date Principal I Vice - President Official's Title Title VI Assurance City of Iowa City, in accordance with the provisions of the Title VI of the Civil Rights Act of 1964 and the Regulations, hereby notifies all proposers that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit proposal in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. During the performance of this contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Iowa City or the Iowa Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the City of Iowa City, or the Iowa Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provision of this contract, the City of Iowa City shall impose contract sanctions as it or the Iowa Department of Transportation may determine to be appropriate, including but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies; and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the City of Iowa City or the Federal Transit Administration may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the City of Iowa City to enter into such litigation to protect the interests of the City of Iowa City, and, in addition, the Contractor may r quest the United States to enter into such litigation to protect the interests of the United St P . Signature David Zahradnik Name Neumann Monson Architects Inc. Company Name Principal I Vice-President - October 21,2024 Title and Date O >1 N >1 O L W m CD O-) O w M — ti co O o N O ❑ i i U V 0 0 0� 0 CN .92 U3 r u} U1 N rq of rn cn c 119 o ® ❑ ❑ n ❑ ❑ ❑ ❑ ❑ E] E] E] El El El ❑ n U O O >+ N >, O E U7 C O-) O U m O 3 2 O , co Q 4 0 o N O C o ❑ i i co O u � CN i a3 � O o ' o a w a w a w a w a w a w o w a w o w a w v ❑ ® ❑ ® ❑ ❑ ❑ ❑ I El El ❑ ❑ IEI ❑ ❑ ❑ ❑ ❑ 1❑ ❑ 0 E c, :3 E x � � 4 w a w a w w a w a w �, a w a w a w 9 ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ � � o a a W 7) am O N O d Q 0 C J U CL G 2L W G z sA _4 a' Y H ° 8r c E U U U N 0 a � a) T �n U) $ 2 M Q � �-,H G w acu LU c w (n ¢ .�2 _ _ c o c LU :3 M o U7 :' w C: 8 W ICL O 3— CO LLI ` }. H � W io L o c� 43 LLirn CP `o . Z Z � w(f) — 11* E 5 y $ E m Z3 r LU CD U) E a - U p � U7 i OLL L U & < W Nz Qc�1Z E � � � w Z a m O O O ❑ m cu N 2 ACV•� 0 E � UCl u � u a U(V CNN $i .4 p w as °i GamG ' m'� E °' Q� •m' °' G�G E m p� E� °' G� E� °' p�p E� a' G�G E 4' A id r LL t,7 LL d V LL C,J LL LL C,J LL V LL V LL V LL t,7 LL C,J ;L Item Number: 6.e. CITY OF IOWA CITY COUNCIL ACTION REPORT November 4, 2024 Resolution accepting the work for the right turn lane, pedestrian crossing, and sidewalk improvements for Timber Valley Run, and declaring public improvements open for public access and use. Prepared By: Josh Slattery - Sr. Civil Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: None Staff Recommendation: Approval Attachments: Engineer's Report Resolution Executive Summary: The construction of the right turn lane, pedestrian crossing, and sidewalk improvements for Timber Valley Run have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. Background /Analysis: Timber Valley Run is an eleven-lot, 3.87-acre subdivision located at the southwest corner of the intersection of Dodge Street and Scott Boulevard. A Scooter's Coffee store was built on Lot 1, the closest lot to Dodge Street. The next lot to the south (Lot 2) is envisioned to have a restaurant on the ground level with multi-family above. 5-plex and 4-plex townhome-style homes are to be constructed on Lots 3-11. A right turn lane along Scott Boulevard to access the combined driveway for Lots 1 and 2 was a required public improvement. Said driveway is located directly across from Dubuque Road at the intersection with Scott Boulevard. A pedestrian crossing located south of the driveway for Lots 1 and 2, including new curb ramps on both sides of the street, and a refuge island in the median in the center of Scott Boulevard were also required public improvements. With the addition of the right turn lane, the sidewalk along Scott Boulevard needed to be realigned to maintain at least nine feet between the sidewalk and the curb. � r 1 :rnl, i ,� ww �; CITY OF IOWA CITY UNESCO CITY OF LITERATURE ENGINEER'S REPORT 410 East Washington Street Iowa City, Iowa 52240-1826 319-356-5000 1 www.icgov.org October 29, 2024 Honorable Mayor and City Council Iowa City, Iowa Re: Timber Valley Run Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the right turn lane, pedestrian crossing, and sidewalk improvements for Timber Valley Run have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. The required maintenance bond is on file with the Engineering Division of the City of Iowa City for the right turn lane, pedestrian crossing, and sidewalk improvements constructed by Blake Hershberger Enterprises, LLC of Kalona, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, 2� Jason Havel, P.E. City Engineer Item Number: 6.f. CITY OF IOWA CITY COUNCIL ACTION REPORT November 4, 2024 Resolution accepting the work for the storm sewer, sanitary sewer, water main, and paving public improvements for Sandhill Estates — Part Five, and declaring public improvements open for public access and use. Prepared By: Josh Slattery - Senior Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: None Staff Recommendation: Approval Attachments: Engineer's Report Resolution Executive Summary: The construction of the storm sewer, sanitary sewer, water main, and paving public improvements for Sandhill Estates — Part Five have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. Background /Analysis: Sandhill Estates — Part Five is an 8.88-acre residential subdivision providing 18 single-family lots, and a 2.53-acre outlot for stormwater management. This subdivision is located south of Wetherby Park and east of Armstrong Drive. The subdivision includes the extension of Covered Wagon Drive and Sand Prairie Drive. Each will provide a stub for future development connectivity and intersect at a roundabout. The subdivision also includes a new loop street extending off Sand Prairie Drive to the east, named Frontier Loop. In addition, the subdivision includes a private regional retention pond located in the outlot which will provide stormwater management for further development to the north. � � 1 CITY OF IOWA CITY UNESCO CITY OF LITERATURE ENGINEER'S REPORT 410 East Washington Street Iowa City, Iowa 52240-1826 319-356-5000 I www.icgov.org October 29, 2024 Honorable Mayor and City Council Iowa City, Iowa Re: Sandhill Estates — Part Five Subdivision Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the storm sewer, sanitary sewer, water main, and paving improvements for Sandhill Estates — Part Five Subdivision have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. The required maintenance bonds are on file with the Engineering Division of the City of Iowa City for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by All American Concrete, Inc. of West Liberty, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, G ason Havel, P.E. City Engineer Item Number: 6.g. CITY OF IOWA CITY COUNCIL ACTION REPORT November 4, 2024 Resolution accepting the work for the 2023 Sanitary Sewer Repairs Project. Prepared By: Joe Welter - Senior Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: None Staff Recommendation: Approval Attachments: Engineer's Report Resolution Executive Summary: Construction of the 2023 Sanitary Sewer Repairs Project has been completed by JQ Construction, LLC of Washburn, Iowa, in substantial accordance with the Project Manual developed by Stanley Consultants, Inc. of Muscatine, Iowa. The Engineer's Report and the Performance, Payment, and Maintenance Bond are on file in the City Clerk's Office. Project Estimated Cost: $324,500.00 Project Bid Received: $284,441.71 Project Actual Cost: $406,041.89 The project included six (6) change orders, which included revisions to some of the repair locations due to field conditions discovered during construction, additional water service repair work, additional intake repair work, erosion stone and other related work. Background /Analysis: The City regularly has a project to remove, replace, and repair sanitary sewer manholes and pipes through spot repairs. This is one of the components of the City's annual sanitary sewer maintenance, repair, and replacement program. This project included: spot repairs of 8, 12, 24, and 30-inch sanitary sewers at ten (10) different locations within City right-of-way. Repairs included replacement of 177 linear feet of sanitary sewer, removal of eleven (11) manholes, and installation of nine (9) manholes. In addition, the project included the removal and restoration of impacted driveways, grass areas, sidewalks, and streets. Locations for repairs included Clark Street, Dearborn Street, Highland Avenue, Muscatine Avenue, Norwood Circle, Rundell Street, Second Avenue, Spruce Street, and Washington Street. I t I CITY OF IOWA CITY UNESCO CITY OF LITERATURE 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356.5000 ENGINEER'S REPORT W( W1W9. gov.or09 FAX Icg October 30, 2024 City Clerk Iowa City, Iowa Re: 2023 Sanitary Sewer Repairs Construction Project Dear City Clerk: I hereby certify that the 2023 Sanitary Sewer Repairs Construction Project has been completed by JQ Construction, LLC of Washburn, Iowa, in substantial accordance with the Project Manual developed by Stanley Consultants, Inc. of Muscatine, Iowa. The project was bid as a unit price contract and the final contract price is $406,041.89. There were six (6) change orders on this project, as follows: 1. Revised Repair for the Rundell Street Location —$62,239.74 2. Washington Street Location - Lead Water Service Repairs and Reworked Sewer Repair— $25,264.11 3. Relocation of Water Service on Second Avenue, Replacement of Intake Throats on Spruce Street, and Core Holes for Services on Dearborn Street—$15,900.00 4. Erosion Stone at Dead End Streets —$336.00 5. Revisions to the Work for the Rundell Street Location and Final Quantities—$12,366.65 6. Unlabeled Service Wyes and Full Depth Patch Pavement Removal —$10,743.68 Total: $126,850.18 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Jason ,Havel, City Engineer Item Number: 6.h. CITY OF IOWA CITY COUNCIL ACTION REPORT November 4, 2024 Resolution accepting the work for the Kirkwood Avenue CRANDIC Railroad Crossing Project. Prepared By: Ethan Yoder - Civil Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: None Staff Recommendation: Approval Attachments: Engineers Report Resolution Executive Summary: Work on the project was recently completed by Feldman Concrete of Dyersville, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. Project Estimated Cost: $ 165,000.00 Project Bid Received: $ 138,167.00 Project Actual Cost: $ 131,276.00 Background /Analysis: CRANDIC Railroad repaired the railroad crossing on Kirkwood Avenue and coordinated with the City to repair the approaches to the crossing. Mrs CITY OF IOWA CITY UNESCO CITY OF LITERATURE 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 3 5 6-5000 (3 19) 3 5 6-5009 FAX g ENGINEER'S REPORT www,lcgov.or October 30, 2024 Re: Kirkwood Avenue CRANDIC Railroad Crossing Project Dear City Clerk: I hereby certify that the Kirkwood Avenue CRANDIC Railroad Crossing Project has been completed by Feldman Concrete of Dyersville, Iowa, in substantial accordance with the plans and specifications prepared by City of Iowa City. The project was bid as a unit price contract and the final contract price is $131,276.00. There was a total of one (1) change or extra work order for the project as described below: Furnish and install off-site topsoil $731.00 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, PE City Engineer Item Number: 6.i. CITY OF IOWA CITY COUNCIL ACTION REPORT November 4, 2024 Resolution authorizing the acquisition of property interests necessary for construction of the Peterson Street Sewer Improvements Project. Prepared By: Ben Clark - Senior Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: Funding will be via the Peterson Street Storm Sewer Improvements Project, Account #M3637. Staff Recommendation: Approval Attachments: Peterson Street Sewer Improvements - Location2 Resolution Executive Summary: Preliminary design for the Peterson Street Storm Sewer Improvements Project has been completed and property and easement needs within the project corridor have been identified. These property acquisitions and/or easements are needed for the construction of the upcoming Peterson Street Storm Sewer Improvements Project. Background /Analysis: The Project will reconstruct an existing storm sewer in the 400 block of Peterson Street and includes replacing approximately 430 linear feet of existing 48" storm sewer that has reached the end of its useful life. Existing easements do not cover the entirety of the sewer alignment. Temporary easements for equipment access and material laydown will also be necessary to complete the project. Areas disturbed by construction will be restored with paved or grass surfaces similar to existing conditions. Estimated Project Timeline: Bidding: Summer 2025 Construction: Summer-Fall 2025 Site Location - Peterson Street Sewer Improvements Project �42 i0+1 i 41# #1fi CL +h 417 421 r a�1 SITE LOCATION r 1 } ! { 437 7- Item Number: 6.j. r 1 CITY OF IOWA CITY COUNCIL ACTION REPORT November 4, 2024 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Normandy Drive Storm Sewer Project. Prepared By: Ben Clark - Senior Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: $326,699.70 available in the Normandy Drive Storm Sewer Replacement account #M3629. Staff Recommendation: Approval Attachments: Resolution - Normandy Storm Award.doc Executive Summary: This agenda item awards the construction contract for the Normandy Drive Storm Sewer Project. Six (6) bids were submitted prior to the October 23, 2024 deadline: Bidder Name City Bid Amount Eastern Iowa Excavating & Cascade, IA $326,699.70 Concrete LLC Rathie Construction Marion, IA $338,855.50 Company Maxwell Construction Inc Iowa City, IA $347,549.00 All American Concrete, Inc. West Liberty, IA $367,550.00 Shift General Contracting Cedar Rapids, IA $429,072.00 Triple B Construction Wilton, IA R395,000.00 432,403.50 Engineer's Estimate Staff recommends awarding the construction contract for the Normandy Drive Storm Sewer Project to Eastern Iowa Excavating & Concrete, LLC of Cascade, Iowa. Background /Analysis: The Normandy Drive Storm Sewer Project will replace storm sewer that has reached the end of its useful life and will make modifications to reduce the amount of staff response time needed during flooding from the Iowa River. This project includes replacing 175 feet of 54" x 34" Corrugated Metal Arch Pipe with twin 36" diameter Reinforced Concrete Pipe; removing and replacing an existing intake; and installing a gate valve structure. Street and sidewalk pavement will be replaced as necessary to complete the project. Project Timeline: Construction - November 2024 to June 2025 Item Number: 6.k. r 1 CITY OF IOWA CITY COUNCIL ACTION REPORT November 4, 2024 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2024 Iowa City Parks Improvements Project. Prepared By: Ethan Yoder, Civil Engineer Reviewed By: Juli Seydell Johnson, Director of Parks & Recreation Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $588,430.50 available in the Brookland Park project fund #R4410, New Park Development #R4409, College Green Park Playground #R4385, and Park Annual ADA Accessibility Improvements #R4132. Staff Recommendation: Approval Attachments: Resolution Executive Summary: This agenda item awards the 2024 Iowa City Parks Improvement Project. Five (5) bids were submitted prior to the October 29, 2024 deadline: Bidder Name City Bid Amount Alternate #1 Alternate #2 Vieth Cedar Falls, IA $561,430.50 $27,000.00 $39,000.00 Construction Corp McComas Lacina Iowa City, IA $563,564.00 $25,200.00 $41,600.00 Construction LC The Henley Davenport, IA $739,273.00 $24,000.00 $21,900.00 Group LLC Valentine Construction Dubuque, IA Non-Responsive Co.,LLC All American West Liberty, IA Non-Responsive Concrete Engineer's $593,000.00 $23,000.00 $23,000.00 Estimate Vieth Construction Corporation of Cedar Falls, Iowa submitted the lowest responsive, responsible bid of $561,430.50 (base bid). Staff recommends awarding the base bid and Alternate #1 for the contract for the 2024 Iowa City Parks Improvements Project to Vieth Construction Corporation. Background /Analysis: Alternate #1 is to have the contractor install the playground equipment in Brookland Park. Alternate #2 is to have the contractor install the playground equipment in the new park on Shannon Drive. The 2017 Park master plan has determined that the College Green and Brookland park playgrounds are reaching the end of their serviceable life. The master plan also points out a deficiency in the Shannon Drive neighborhood area with a lack of accessible parks. Calder Park trail is needed for trail access connections and ADA access. Project Timeline: Construction Start - February 2025 Final Completion - September 2025 Teague Item Number: 6.1. CITY OF IOWA CITY COUNCIL ACTION REPORT November 4, 2024 Resolution setting a new date for receipt of bids for the rebidding of the Riverside Drive Pedestrian Bridge at Iowa Avenue Rehabilitation Project, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Alin Dumachi - Senior Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: $1,300,000 available in the Riverside Drive Pedestrian Bridge at Iowa Avenue Rehabilitation Project account #S3978. Staff Recommendation: Approval Attachments: Resolution Executive Summary: No bids were received prior to the October 24, 2024 deadline for the Riverside Drive Pedestrian Bridge at Iowa Avenue Rehabilitation Project. This agenda item sets a new date for receipt of bids for rebidding the project. Background /Analysis: The University of Iowa, the Iowa Department of Transportation, and the City of Iowa City entered into a Memorandum of Understanding on November 19, 2002 which details their respective responsibilities for maintenance of the three pedestrian bridges crossing over Riverside Drive/Highway 6, including the pedestrian bridge at Iowa Avenue. The MOU states that the University and City are each responsible for 25% of the cost of major repair projects, and the DOT is responsible for 50% of the cost of major repair projects. The Riverside Drive Pedestrian Bridge at Iowa Avenue Rehabilitation Project is considered to be a major repair project as it relates to the MOU. The University, DOT, and City are willing to jointly participate in said project in accordance with the original MOU. The total estimated construction cost for the project is $1,300,000. Therefore, it is estimated that the City will be responsible for approximately $325,000 of construction costs. Origin Design, Co. (formerly IIW, P.C.) of Dubuque, Iowa completed in-depth inspection services of the Riverside Drive pedestrian bridge at Iowa Avenue in 2019. Upon completion of the inspection, Origin provided a formal summary of the current bridge conditions as well as recommended repairs and estimated cost of repairs. Concrete spalling, delamination, and exposed reinforcing was observed during the inspection. The report, dated October 30, 2019, confirmed the need for comprehensive concrete and expansion joint rehabilitation to significantly increase the serviceable life of the structure and restore its aesthetics. Item Number: 7.a. CITY OF IOWA CITY COUNCIL ACTION REPORT November 4, 2024 Resolution setting a public hearing on November 19, 2024 on project manual and estimate of cost for the construction of the Bradford Drive Water Main Replacement Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Prepared By: Alin Dumachi, Senior Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $900,000 available in the Bradford Drive Water Main Replacement Project Account #W3300. Staff Recommendation: Approval Attachments: Location Map Resolution Executive Summary: This agenda item begins the bidding process for the Bradford Drive Water Main Replacement Project. This project generally includes the replacement of existing 6-inch cast iron water main with 8-inch PVC, and is located on Bradford Drive, Louise Street, and Wayne Avenue. Background /Analysis: The existing water main dates back to 1956 and has reached the end of its useful life, having experienced 18 water main breaks. The proposed project will replace water main along Bradford Drive from First Avenue to Arthur Street, on Louise Street from Bradford Drive to Wayne Avenue, and on Wayne Avenue from Wade Street to Arthur Street. Project Timeline: Set Public Hearing — November 4, 2024 Hold Public Hearing — November 19, 2024 Bid Letting — December 19, 2024 Award Date —January 7, 2025 Construction —April 2025 to September 2025 L KEEP r. IS J@�e8 JA I , 1 t a. iq a t� A is an cd c� m L I IS a s any ,, Item Number: 7.b. CITY OF IOWA CITY Q COUNCIL ACTION REPORT November 4, 2024 Resolution setting a public hearing on November 19, 2024 on project manual and estimate of cost for the construction of the Court Hill Trail — Beech to Scott Replacement Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Prepared By: Tyler Olson — Civil Engineer Reviewed By: Jason Havel — City Engineer Juli Seydell Johnson — Parks & Recreation Director Ron Knoche — Public Works Director Geoff Fruin — City Manager Fiscal Impact: $260,400.00 available in the Court Hill Trail - Beech to Scott Replacement Project account #R4397 Staff Recommendation: Approval Attachments: Court Hill Trail - Location Map Resolution Executive Summary: This agenda item begins the bidding process for the Court Hill Trail — Beech to Scott Replacement Project. This project generally includes the replacement of the existing trail between Beech Street and Scott Boulevard. The new trail would be constructed of concrete pavement, meet current ADA criteria, and provide many more years of continued use of the trail. Background /Analysis: This Project will replace approximately '/4 mile of the Court Hill Trail from Beech Street and Scott Boulevard. This existing segment of trail is in poor condition and quickly approaching a state where it will become hazardous due to cracking and uneven surfacing. The new trail will replace the aged asphalt pavement with a full 10-ft wide concrete pavement. Improvements in storm water drainage will also be made with the addition of storm sewers and intakes to mitigate storm water and snow melt water flowing over the new trail. Improvements also include the reconstruction of the street and sidewalk connections at Beech Street and Scott Boulevard. Project Timeline: Public Hearing /Approve Project Manual: November 19, 2024 Bid Letting Date: December 10, 2024 Contract Award Date: January 7, 2025 Construction Dates: Spring 2025 — Fall 2025 I' l t _ 1 04 APM lip. 3 1$ Nos ad v tiw it k� K d°mod d J LU ` J I Item Number: 7.c. CITY OF IOWA CITY COUNCIL ACTION REPORT November 4, 2024 Resolution setting a public hearing on November 19, 2024 on project manual and estimate of cost for the construction of the Court Street Reconstruction Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Prepared By: Ethan Yoder— Civil Engineer Reviewed By: Jason Havel — City Engineer Ron Knoche — Public Works Director Geoff Fruin — City Manager Fiscal Impact: $9,600,000.00 available in the Court Street Reconstruction account #S3946 Staff Recommendation: Approval Attachments: Location Map - Court St Reconstruction Resolution Executive Summary: This project generally includes construction of a joint utility trench, removal and replacement of storm sewer, sanitary sewer, water main, and street and sidewalk pavement, retaining walls, traffic signal systems and other related work. The project is located on Court Street, from Muscatine Avenue to First Avenue. Background /Analysis: Court Street is a collector street that connects the east side of Iowa City to the downtown area. The project will replace deteriorated pavement and upgrade public utilities in this corridor. Project Timeline: Public Hearing /Approve Project Manual: November 19, 2024 Bid Letting Date: December 18, 2024 Contract Award Date: January 7, 2025 Construction Dates: February 2025 to Fall 2027 u f1 U > w N r � � S t Av - �� I � w QUn N x � N r N7+ C d 9aJ�s _ JnO� i r. ± 7T �ti s OAd 4 5 m ` a^d U 1 fN s _ a 1, w $ 7th Ave Q ww Q L VO O� C7 N G PJ0 pe r n $' z FX W o z— J U _ > z °-' Rundel S aIA t O @AV JT j, ' °U'.. 4 U m Gr n $ LL ° Ave a O fN C N L N UOS 1 � 7 LL, Item Number: 10.a. CITY OF IOWA CITY COUNCIL ACTION REPORT November 4, 2024 Resolution approving plans, project manual and estimate of cost for the construction of the Fire Station 1 and City Hall 3rd Floor Renovation Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Michelle Riedinger, Senior Facilities Design and Construction Manager Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $900,000 available in the Rehab of Sleeping Areas and Alerting System Station 1 account #Z4413 and the City Hall — Other Projects account #R4129. Staff Recommendation: Approval Attachments: Resolution Executive Summary: This project generally includes demolition of existing sleeping partitions and bathrooms and reconstruction of 8 bedrooms, 3.5 bathrooms and a wellness room within Fire Station 1. Within the 3rd Floor of City Hall, the Project includes the construction of 4 new offices, replacement of carpet and lights on the entire floor and painting of all walls. Background /Analysis: To increase privacy and wellbeing for staff, the City desires to update Fire Station 1 sleeping areas, restroom facilities and wellness room. All other Iowa City fire stations have individual private sleeping areas for members. Additionally, as the Fire Station 1 facilities have aged, maintenance costs have increased. The 3rd Floor of City Hall was originally constructed in the late 1990s and has not been renovated since it was originally constructed. As the Engineering Division has grown, the existing space has become inadequate for current staffing levels. Part of this project will also replace the current fluorescent lights with LED lights in accordance with the City of Iowa City Climate Action and Adaption Plan. Project Timeline: Public Hearing /Approve Project Manual: November 4, 2024 Bid Letting Date: December 19, 2024 Contract Award Date: January 7, 2025 Construction Dates: January 2025 to July 2025 Item Number: 10.c. CITY OF IOWA CITY COUNCIL ACTION REPORT November 4, 2024 Resolution Approving Substantial Amendment #1 to Iowa City's FY24 Annual Action Plan. Prepared By: Erika Kubly, Neighborhood Services Coordinator Reviewed By: Tracy Hightshoe, Neighborhood and Development Services Director Fiscal Impact: Projects will be funded with FY24 HOME funds and CDBG program income. Staff Recommendation: Approval Commission Recommendations: The Housing and Community Development Commission recommended approval by a vote of 4-1 at their October 21, 2024 meeting. Attachments: HCDC 10.21.24 minutes UAY letter of support JCAHC letter of support THE letter of support FY24 AAP Substantial Amendment #1 Resolution FY24 Appendix B Revised Executive Summary: A substantial amendment is proposed for the FY24 Annual Action Plan to repurpose unanticipated CDBG program income to the City's down payment assistance program. Additionally, unexpended HOME funds from cancelled projects through The Housing Fellowship and United Action for Youth are proposed to be allocated to The Housing Fellowship for rental acquisition. Background /Analysis: The City recently received an unanticipated loan repayment of CDBG funds which is referred to as "program income". Both program income and regular entitlement grant funds are subject to spending deadlines established by HUD. Iowa City must spend a certain dollar amount of CDBG funds by May each year to meet HUD's standard. In order to expend the unanticipated funds as quickly as possible while meeting funding priorities, staff propose allocating $300,000 in program income to the City's down payment assistance program. The City was allocated a total of $430,000 in FY22 and FY24 CDBG/HOME funds to offer down payment assistance to income eligible homebuyers in partnership with GreenState Credit Union and Hills Bank. To-date, 70% of that funding has been expended to assist 14 buyers. With the addition of a dedicated part-time staff person to administer the program and strong demand, funds have been spent more quickly than anticipated. Additional funding will assist up to 12 additional homebuyers and allow the program to operate continually. Requests for assistance increase in the spring, which will help position the City to meet the May CDBG expenditure deadline. This amendment additionally proposes repurposing HOME funds made available through cancelled projects. In FY24, the City awarded $110,000 in HOME funds to United Action for Youth (UAY) to acquire and/or rehab at least one rental unit in Iowa City for transitional housing. Due to the complexity of the applicable federal regulations at the units identified and the required timeframe, the project was not able to utilize HOME funding. Fortunately, the project was able to proceed without City federal funds through a partnership formed between UAY and The Housing Fellowship. In FY24, $200,000 in HOME funds were awarded to The Housing Fellowship for rental construction on Ronalds Street. Funding was provided for the second build project on Ronalds Street. Due to the timing of the historic review required for federal funding and the time-sensitive nature of the project's unique partnership with the Iowa City School District, the project was unable to proceed with HOME funding. The Housing Fellowship was able to identify alternative funding sources to continue this effort. Staff proposes to reallocate $310,000 in HOME funding from cancelled projects to The Housing Fellowship to acquire two additional rental units. The Housing Fellowship serves as Iowa City's Community Housing Development Organization (CHDO) which signifies that they are a critical partner in the City's HOME program and that they have strong capacity and experience in providing quality affordable housing in Iowa City. In the review of the amendment with the Housing and Community Development Commission, concerns were expressed by commissioners about not holding a competitive funding round for anyone to apply for the available funding. Time spent on a supplementary competitive funding round would delay the expenditure of these funds and put the City at risk of noncompliance with HUD. Additionally, competitive funding rounds are staff intensive and would delay administration of other ongoing grants and projects. With limited staff capacity, it is critical to streamline processes where possible. The proposed projects both meet high priorities for CDBG/HOME funding in Iowa City and are recommended for approval by staff. HCDC reviewed the amendment and recommended approval by a vote of 4 - 1. MINUTES PRELIMINARY HOUSING AND COMMUNITY DEVELOPMENT COMMISSION OCTOBER 21, 2024—6:30 PM FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Daouda Balde, Maryann Dennis, Karol Krotz, Kiran Patel, Denise Szecsei, Kyle Vogel MEMBERS ABSENT: Horacio Borgen, George Kivarkis, James Pierce STAFF PRESENT: Erika Kubly, Brianna Thul, Sam Turnbull OTHERS PRESENT: Simon Andrew (The Housing Fellowship) RECOMMENDATIONS TO CITY COUNCIL: By a vote of 5-1 (Vogel opposed)the Commission voted to recommend that City Council approve Substantial Amendment#1. CALL MEETING TO ORDER: Vogel called the meeting to order at 6:30 PM. WELCOME NEW MEMBERS: Balde introduced herself noting he is from West Africa moved to Iowa in April 2016. He used to work with Johnson County Food and Grow at Melrose and likes to help others in the community so volunteered for this commission. CONSIDERATION OF MEETING MINUTES: SEPTEMBER 16, 2024: Krotz moved to approve the minutes of September 16, 2024 with changes. Dennis seconded the motion. A vote was taken and the minutes were approved 6-0. PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: None. REVIEW AND CONSIDER RECOMMENDATION TO CITY COUNCIL ON APPROVAL OF SUBSTANTIAL AMENDMENT#1 TO THE CITY'S FY24 ANNUAL ACTION PLAN: Vogel noted they have some federal monies that weren't spent and staff is proposing using those funds towards the City's GreenState and Hills down payment program to fund up to 12 additional households. There are also some other monies that weren't used by a couple other organizations that staff recommend allocating to The Housing Fellowship to buy two affordable rental units. Thul explained there were two projects from the FY 24 Annual Action Plan that were not completed. One was United Action for Youth was HOME funded to acquire and rehab some transitional housing units, however with federal funding there comes a lot of restrictions and regulations and United Action for Youth canceled their project because it was able to proceed without federal funding and able to do it through a partnership with The Housing Fellowship. The second project for the HOME funds was the Ronald Street student build, which was awarded $200,000 HOME funds. This project had to go through a historic preservation review which takes a little bit longer and therefore that project ultimately proceeded without federal funding. Staff Housing and Community Development Commission October 21, 2024 Page 2 of 6 would like to reallocate the money from those two projects towards rental acquisition to try to honor the intent of the original projects. Dennis asked when the funds need to be spent. Thul explained typically it needs to be committed within two years and spent within four however with the way the appropriations have been the City has been waiving some of the spending deadlines but since these are FY24 funds they need to commit those soon. Szecsei stated she recalls the down payment assistance program changed its requirements and the homes no longer have to be in certain census blocks but now it's open citywide. Thul confirmed that was correct. Krotz asked regarding The Housing Fellowship and the two additional rental units, would those be for people under 80% or 60%. Thul replied that HOME requires under 60%. Krotz asked if it is possible for the Commission to place a suggestion to attempt to fund those for people under 40%. Thul stated they can suggest however staff typically leaves it at the maximum when they fund projects like this, unless they know specifically who they're funding. They also might be serving someone with a housing choice voucher and so being able to get the maximum rents would be helpful, but the Commission can suggest what they wish. Dennis stated she thinks it's a good suggestion, however for the folks that are administering the program and trying to do all the compliance it might be more work, and she also believes the majority of the folks that rent from The Housing Fellowship fall far below 60%. It's also difficult to have only two rental homes that have to be under a certain amount because if somebody comes in and they're a couple dollars over they won't quality. Vogel stated he feels like they're doing the shell game, they all voted and gave money to United Action for Youth. They also awarded money to The Housing Fellowship. Now without going through that process again, they are just deciding to take that money and just give it to The Housing Fellowship. Why can't these funds go back into CDBG for the next award cycle. Thul replied that theory the Commission could wait and put the funds into the competitive round, but then those funds will have to wait until July of next year before being used for projects. Simon Andrew (Director, The Housing Fellowship)wanted to address both of the questions raised by the Commission. First, regarding the income levels, the vast majority of the households The Housing Fellowship serves fall well below 60%, and in most cases below 40%. The average household income for their tenants is $27,000 a year and they have large households to serve, sometimes up to 10 person households. Andrew stated they do like to have the limit set at 60% to serve the households that do have a voucher. Otherwise, they are basically turning down free federal money if it's restricted at the lower rate, because the voucher picks up that 60% rent. Krotz asked if somebody has an income of under$25,000 and they also have a voucher that would pay 50% of a person's rent. Andrew replied no, the voucher in that case would likely pay all of their rent. The voucher is structured that households shouldn't be paying more than their income so if their income is low enough, the voucher will pay all of their rent, up to a set cap of what a rent can be (which is based on average rents). If the voucher holder starts making more money, the voucher will pay less. The Housing Fellowship has many households that don't pay anything out of pocket. Krotz finds that really interesting because she falls in that category of having income below that amount but has never had all of her rent paid, she usually pays between 40% and 50%, sometimes up to 55% and she has a Housing Choice Voucher. Andrew noted that would be a question for City staff but The Housing Fellowship does have households with vouchers that pay $5 of the rent and the tenant is responsible for the rest up to the tenant not paying anything, the latter are usually families with children. Krotz asked if they ever have one-bedroom units on vouchers. Andrew replied yes, they have 17 one- bedrooms but those are limited to find, they are seeing right now the biggest demand is at the extremes, 2 Housing and Community Development Commission October 21, 2024 Page 3 of 6 very large families and single person households. They do have quite a bit of two- and three- bedroom units, but not enough one-bedroom or larger than three-bedroom units. Andrew next addressed the question about the United Action for Youth (UAY) project and the student build project. The Housing Fellowship was really proud to partner with UAY to help that project go forward. He stated in both cases The Housing Fellowship is borrowing that money and taking on that debt with the hope and understanding that they would be able to access those unused HOME funds. He explained that UAY was in a position where they had eight homeless clients that they were serving between the ages of 16 and 22 that were already renting private apartments but weren't going to be able to continue in those apartments. UAY was afraid those individuals would be homeless again come July, when the lease was up, and when it the funding did not come through in a way that would allow them to purchase the house they needed help. UAY first went to the Community Foundation and then they asked City staff and United Way if there was any way they could get bailed out and still be able to close on the house for these individuals. Effectively, they just needed a landlord with a borrowing capacity to be able to borrow the gap in the home purchase. The Housing Fellowship took over the purchase agreement as a way to help out one of their partner agencies to help them complete their mission, which in this case is the same mission, preventing more homeless individuals on the street. In this case, it was 16-to 22-year- olds that really had nowhere else to go. Andrew explained The Housing Fellowship would like to use the HOME funds from UAY to purchase a home they would have otherwise had to borrow money for. They are basically using the debt on the UAY purchase instead of the new acquisition and hoping to use the HOME funds for that new acquisition. The student build home on Ronalds Street, was a timing issue due to the school district calendar. Students are back in school in August, and they needed to start building in August. Due to the archeological review they weren't going to have the answers needed in time to get the students rolling. Again, The Housing Fellowship doesn't have other funds for that project and had to incur a private debt at 7% interest to finish that construction. The Housing Fellowship is hoping to use the $200,000 for other acquisitions that will cash flow such that it will pay the debt on Ronalds Street. Because it is a student build project, they believe in the project so much they are willing to take a loss on that second house. So again, they are just hoping for that remaining $200,000 to be allocated to The Housing Fellowship so they can acquire additional properties that will help that cash flow picture. Dennis acknowledged it is sort of a shell game but one that has really good results for the community. Krotz asked if staff anticipates if any other agencies will raise concerns with this reallocation. Thul cannot speak for other applicants, but they are approaching the next CDBG and HOME funding round again in December so there's that funding available. Also, for affordable housing projects like this, the City also contributes to the local Affordable Housing Fund, which is administered by the Housing Trust Fund of Johnson County, so this isn't the only opportunity for affordable housing funds at the moment. Vogel noted he just intrinsically has a hard time with moving money from other projects to a new project without a discussion about the merits of everybody's proposals and perhaps that$310,000 could be used by an organization that plans for instead of two properties, or instead of two families, to assist more. Maybe someone wants to buy a $1.2 million 24-plex of one-bedrooms and just needs $310,000 for the down payment, and suddenly there are 24 households in Iowa City that can be assisted with the same $310,000 versus two. They are not getting the opportunity to have that discussion. He did acknowledge the pressure and extra work it puts on staff to do that work but those are simply his concerns with it. Krotz asked if this would go to City Council for final approval. Thul replied yes, this is currently in a 30-day public comment period and then it will go to City Council on November 4. Kubly also wanted to note, this is the standard process for a substantial amendment like this to change these projects. They are not doing anything secretly, this is the public process and they are following normal procedures to accommodate for changes that have happened since the initial Action Plan was approved. Dennis noted if they were to put the money back for the next round it again lowers the amount of time that somebody has to finish the project and if that project isn't finished within the guidelines that money goes 3 Housing and Community Development Commission October 21, 2024 Page 4 of 6 back to Washington, DC, and everyone loses the money. Thul noted they do substantial amendments all the time, it is pretty common for staff to bring this Commission substantial amendments to the Consolidated Plan. Krotz asked if The Housing Fellowship will be using the funding for rental housing, specifically a duplex. Andrew replied not necessarily, they own 211 rental housing units and they range from single family homes, duplexes, town homes, and they look at zero lots basically the same as single family homes. There are a couple that they have their eye on now to acquire and will probably acquire three more in the next nine months, in addition to, hopefully, these two. Krotz wondered if they had a specific property in mind to acquire if they were awarded these funds. Andrew replied they are always looking and currently there is a duplex for sale on Muscatine that's real close to a few other units that they own and that's always very attractive,just for efficiency of maintenance. Andrew wanted to state as well, effectively this is a mechanism to get done projects that the Commission has approved, but the projects wouldn't have happened without this mechanism, so it really is a way to get them done the projects that this Commission initially considered and approved. If The Housing Fellowship had not stepped in and that UAY money had just gone back into the pot and those kids would be homeless. He also declared they will probably see more of these in the future, collaborations between the nonprofits, the clients UAY are serving, The Housing Fellowship doesn't have the skill set to serve. They have daily case management services that's beyond what The Housing Fellowship does and likewise, The Housing Fellowship is much more experienced as property managers and dealing with acquisition and has more debt capacity with the ability to move things between properties in a way that UAY isn't capable to do. The Housing Fellowship has had a lot of success recently with master leases with the Salvation Army and their homeless vet program. They worked with DVIP and Shelter House early on in the pandemic. Overall it's a good thing to have the local nonprofits collaborate and play to their strengths, for case managers to be doing the best case management services, property managers, likewise. Therefore, part of the logic and taking that risk on the UAY project, not knowing whether those funds would be reallocated, was to show that those master lease projects are very fruitful. Szecsei asked if there has there been any public comments. Thul replied no, but public comment will go through November 4. Szecsei asked if they expect any public comments. Thul stated they don't usually get a lot, the bulk of the feedback comes from this Commission. Additionally, the agencies that staff regularly works with are pretty comfortable coming to staff and know they would have the opportunity to speak at the Council meeting or anytime between now and then as well. Sometimes they also get favorable public comments, so if The Housing Fellowship wanted to come and make a public comment like that at the Council meeting they could as well. Krotz asked if the other agencies generally watch transactions like this to see if money becomes available that was allocated. Thul is unable to know if they watch the meetings or that kind of thing but when agencies have projects that they need funding for they typically would come to staff and talk through them. Dennis moved to recommend that City Council approve Substantial Amendment#1. Seconded by Patel. A vote was taken and the motion passed 5-1 (Vogel opposed). OVERVIEW OF NEXT STEPS FOR FY26 LEGACY AID TO AGENCIES: Staff wanted to give an overview of next steps for FY26 Legacy Aid to Agencies process. The joint application was due October 15 and staff has all of the submissions. The submissions are available online as well as printed hard copies for those that wanted it. However, with the hard copies that is only the application and there's supporting materials posted online. United Way did three training sessions and staff received some good feedback on that. Staff will supply the Commission with summary sheets of each application by November 7 but encouraged all to start reading the applications. The Commission 4 Housing and Community Development Commission October 21, 2024 Page 5 of 6 has until January 6 to score the grant proposals, that sounds like a lot of time but time tends to fly. Staff is also going to be offering one on one sessions and will meet with members individually to help work through any questions. There will also be the Q&A session with the applicants so if anyone has clarifying questions for the applicants, they can submit those to staff, and staff will work with the agency to get answers. Questions for the agencies will be due to staff by November 21 so the agency has time to respond. Once scores are submitted by January 6, staff will tally those and supply averages to the Commission that will be included in the information in the packet for the January 20 HCDC meeting. At that January 20 HCDC meeting is where they will make the group funding recommendations to City Council. Szecsei noted January 20 is Martin Luther King Day, so will HCDC still meet that day. Thul stated she will need to look at the calendar but if that is MILK Day the City will be closed, so they'll have to shift it, perhaps to the week after. Dennis reminded everybody that the Legacy Aid to Agencies funds generally go for operating costs for the applicants. Thul noted the funding source is part CDBG and part local funding. She acknowledged this is one of the harder grant cycles that HCDC has to work through, there's a lot of good nonprofits in Iowa City and reading the applications, it's just a tough decision Krotz asked how much money is available for agencies this round. Thul stated it's on the website but believes it is around $754,000. Also, typically there's about 5% of the total budget that's set aside for Emerging Aid to Agencies now called Non-Legacy Aid to Agencies. She also reminded them that the awards have a minimum of$15,000. The Legacy Aid to Agencies is limited to the applicants identified in the Consolidated Plan and in the packet staff provided is some information just for reference, like historic funding for the last 10 years, some best practices, and the calendar, which they may have to change due to that January meeting date. STAFF & COMMISSION UPDATES: Dennis noted an article in the Gazette or Register Sunday about a new homeless liaison in Cedar Rapids and the work they are doing with landlords to lower rents. It was interesting because some of the things mentioned here are actually happening in Linn County, so it might be worth looking at. Szecsei started thinking about things like vacancy taxes, or things like that to encourage landlords or property managers to fill vacancies. There are a bunch of other communities, more so probably in California, that are toying with an idea of a vacancy tax and she thought would be interesting here in Iowa City and provide some incentive for landlords. That money could then go towards being able to cover deposits or things like that for higher risk tenants to address the concerns that landlords have. Vogel noted it would be a nightmare logistically in know how to prove or get any kind of real number on whether units are vacant or not. Additionally, what about complexes like The Hive or The Lodge, if one of those four-or five-bedroom suites have only two of the rooms are rented is that counted as occupied. There are a lot of minor caveats. Szecsei suggests maybe it's time to have another conversation about strategies to address vacancy rates and housing shortages and needs as a part of the landlord incentive discussion because they haven't resolved anything or moved forward with anything from that previous meeting. Vogel suggested perhaps staff could put that back on an agenda after all the funding rounds end as the next several months will be busy with Legacy Aid to Agencies funding, and then CDBG/HOME funding rounds. ADJOURNMENT: Dennis moved to adjourn, Krotz seconded the motion and a vote was taken and the motion passed 6-0. 5 Housing and Community Development Commission October 21,2024 Page 6 of 6 Housing and Community Development Commission Attendance Record 2023-2024 Name Terms 9121 10119 11116 3121 4118 5116 6113 8119 9116 10121 Exp. Balde, Daouda 6/30/27 -- -- -- -- -- -- O/E O/E X Beining, Kaleb 6/30/24 X X X X X X X Dennis, Maryann 6/30/25 O/E X X X X X X X X X * * * * * * * * * * Haylett, Jennifer 6/30/25 Kivarkis, George 6/30/27 -- -- -- -- -- -- X X O/E Krotz, Karol 6/30/27 X X X O/E O/E X X O/E X X Reedus, Becci 6/30/24 X X X X X X O/E Vogel, Kyle 6/30/26 X O/E X X X O/E O/E X X X Patel, Kiran 6/30/26 X O/E X O/E O/E X X X X X Pierce, James 6/30/26 X X X O/E X X X O/E X O/E Szecsei, Denise 6/30/25 -- -- X X X X O/E X O/E X Borgen, Horacio 6/30/25 -- -- -- O/E O/E X X X O/E O/E • Resigned from Commission Key: X = Present O =Absent O/E =Absent/Excused --- =Vacant 6 UNITED - CREATE. ACTION GROW. FORY SUCCEED. rn October 29, 2024 To Whom it may Concern, This letter is to voice our support for the amendment to the City's FY24 Annual Action Plan, specifically the reallocation of HOME Investment Partnership funds previously allocated to United Action for Youth (I JAY)to The Housing Fellowship (THF). These funds had been allocated to UAY to acquire units to serve clients in Our 7ransitional Living Program, a program that serves runaway and homeless youth ages 16-22. Due to the intricacies of our funding sources Lnn a and the timing of the acquisition, UAY needed to identify a partner to Ycomplete the purchase and serve as landlord.As a purchase agreement and closing had already been negotiated, it was critical to find a partner with the necessary financial capacity and willingness to work with us in a short timeframe.We were grateful that THE was able to fulfill this role. 0UL p From the outset of this partnership, it was UAY's desire that these funds would be reallocated to THE for an acquisition to serve their typical x applicants for housing, as'1`HF used borrowing capacity they would have mLU otherwise had for their own purchase to complete this acquisition for us. O z THE took out commercial debt to fill the financial gap in the acquisition, completed a $30,000 roof replacement at closing, and has a master lease with UAY well below market rate rents.Their experience in property maintenance will be beneficial to our clients going forward. This partnership is an excellent example of local nonprofits collaborating to serve the public while playing to our individual strengths. Jn this case. JAY providing case management services and supporting youth in our community as we have for over 50 years,and THE maintaining quality, affordable rental homes as they Have for 35 years, Thank you for your consideration and for supporting this partnership and our work_ Thank you. Letter of Support AIE JOHNSON COUNTY Affordable Housing Coalition 29 October 2024 To Whom it May Concern, Thank you for your consideration of the amendment to the FY24 Annual Action Plan. The Johnson County Affordable Housing Coalition wholeheartedly supports the reallocation of HOME Investment Partnership funds to affordable acquisition projects. One of the three pillars of the Coalition's work is partnerships. Our community is best served when our service providers and advocates work together to ensure our limited resources have the greatest impact. Although the nature of competitive funding processes can create some level of contention, we do our best work when we work together. Two partnerships we care deeply about are the Untied Action for Youth (UAY)/The Housing Fellowship (THF) partnership serving Transitional Living Program clients, and the THF/Iowa City Community School District (ICCSD) Student Build Program. The HOME funding amendment under your consideration helps support these partnerships. We have been thrilled with the recent collaboration between UAY and THF. Two of our community's longest serving and most respected nonprofits working together to use public funds the most effectively to serve their missions is exactly the type of partnership the Coalition is here to support. The partnership allowed the acquisition to move forward, and we should do all that we can to ensure similar collaborations are pursued in the future. The ICCSD Student Build Program is another initiative near and dear to our hearts. The program will pay so many dividends for decades - affordable rental homes for families and a new generation of skilled home builders and tradespeople. The complexity of the timing of the school calendar and curriculum development interacting with historic preservation office review was such that it made more sense to use commercial debt to complete the home currently under construction and use these funds for a different acquisition. In both cases, the projects and partnerships we care about are moving forward and we strongly believe that reallocating these funds is a necessary step in ensuring innovative partnerships continue to be considered by our service providers. Jessica Andino, MPH Executive Director Johnson County Affordable Housing Coalition t; 319-382-0938 O Jessica@jcaffordablehousing.org @ www.jcaffordablehousing.org housing fellowship' Housing Management with o Mission Erika Kubly Neighborhood Services Coordinator 41C E. Washington St. Iowa City, Iowa 52240 Please accept this letter of support for the FY24 Annual Action Plan amendment currently under consideration. e were thrilled to be able to support our partner agency, United Action for Youth (LAY), by purchasing the units that were allocated HOME Reinvestment funds tc serve their Transitional Living Program clients. We were able to use our borrowing capacity and reserve funds to take ownership of UAY's purchase agreement and complete the purchase on schedule.The complexity of multiple federal funding sources and the urgency related to securing housingfor UAY clients without other options were such that moving forward without the allocated HOME funds was the only path forward.THE was able to acquire the units and complete a$30,000 roof replacernent that our insurance carrier required.THE was willing to take a risk an units we did not negotiate the purchase Of, use significant borrowing capacity and reserve funds, and enter into a master lease with UAY because we so strongly believe in UAY's mission and their expertise in providing case management services.While we are very experienced in property managerent,we do not have the education or expertise to provide daily case management services to this population.This project is an excellent example of how cur local nonprofits can work together, doing what each of us does best,to provide the best services to our community.This amendment will allow us to purchase an affordable home for our typical applicant family, replacing the borrowing capacity we used to complete the purchase for UAY clients. Similarly,we are moving forward with the secaA Student Guild without federal funding.The timing of students returning to school did not work with the state historic review process.We are using reserve funds and commercial debt to fund the balance of construction. Reallocati ng these funds already obligated to us to use for acquisition rather than construction will get the community two affordable homes the Student Build home wit! complete in the spring, and we will acquire another home with this amendment. Both amendments complete a mechanism that allowed for both approved projects to move forward as planned and have the added benefit of strengthening critical partnerships. Thank you for your consideration. Sincerely, 'd Simon Andrew Executive Director 322 E. 2"`'Street Iowa City, IA 52240 1 Office: 319-358-9212 1 housingfellowship.com FY24 Annual Action Plan Substantial Amendment #1 October 3, 2024 A. Reprogramming HOME Funds In FY24, the City awarded $110,000 (HOME) to United Action for Youth (UAY) to acquire and/or rehab at least one rental unit in Iowa City to be utilized as transitional housing. Due to the complexity of the applicable regulations at the units identified and the required timeframe, UAY formed a partnership with The Housing Fellowship to acquire a property with non-federal resources. The same year, $200,000 (HOME) was awarded to The Housing Fellowship for a rental construction activity on Ronalds Street. Due to the project's location in a historic district, the State Historic Preservation Office review process took longer than anticipated. This project included a partnership with the Iowa City School District and provided the opportunity for students to learn various trades. To meet the deadlines of the school year, The Housing Fellowship ultimately identified other funding sources and the project was completed with non- federal resources. In order to proceed with the original intent of expanding affordable rental housing in Iowa City, staff propose shifting the funding for both of the previously described projects to The Housing Fellowship to acquire two additional rental units with $310,000 of HOME funding. According to the City's Citizen Participation Plan, a substantial amendment is required to change the use of federal funds from one eligible activity to another. B. Programming Unanticipated CDBG Program Income The City recently received an unanticipated loan repayment of CDBG funds that will be recorded as program income. Both program income and regular entitlement grant funds are subject to spending deadlines established by HUD. Staff propose allocating additional funding to the City's ongoing Greenstate and Hills Downpayment Assistance Partnership Program. Reprogramming the funding in a timely manner towards an activity that will proceed on schedule is critical to meet spending deadlines established by HUD. Failure to meet spending deadlines may result in noncompliance with HUD and a reduction in annual grant funds. The City was awarded FY22 and FY24 funds for the Greenstate and Hills Downpayment Assistance Partnership Program totaling about $430,000. To date, about 70% of the funding has been expended to assist 14 income eligible homebuyers. The City also collaborated with Iowa Valley Habitat for Humanity on six of the units sold through this program. An additional $300,000 allocated to this program will assist up to 12 additional income eligible homebuyers. According to the City's Citizen Participation Plan, a substantial amendment is required to carry out a project using funds from any program covered by City Steps not previously described in the AAP (including program income, reimbursements, repayment, recaptures, or reallocations from HUD). C. Public Comment and Approval Process The public comment period of 30 days is scheduled to begin October 3, 2024 through November 4, 2024. The Housing and Community Development Commission will review the amendment at their October 21, 2024 meeting and consider a recommendation to City Council. The City Council will consider this recommendation on November 4, 2024. If approved, the amendment will be submitted the U.S. Department of Housing and Urban Development. Jurisdiction: City of Iowa City, Iowa Contact Person Jurisdiction Web Address: Erika Kubly http://www.icgov.org/actionplan 410 E. Washington Street Iowa City, IA 52240 319.356.5121 Erika-Kubly@lowa-City.org Proposed Amendment The proposed amendments include the following: • Update Appendix B of the FY24 Annual Action Plan to be consistent with this amendment. • Update other text and appendices as needed to be consistent with this amendment. Proposed Amendments to Appendix B CDBG HOME Persons/Households Project Planned activities Award Award /Facilities Assisted Public Service Activities Aid to Agencies-Neighborhood Centers of Johnson County $ 64,000 NA 2,460 Aid to Agencies-DVIP $ 60,000 NA 1,002 Public Facility Activities Shelter House-Shelter Improvements $ 120,000 NA 950 Neighborhood and Area Benefits Neighborhood Improvement Program(Curb Ramps) $ 150,000 NA 300 Homeowner/Rental Housing Comprehensive Rehabilitation $ 285,000 $ 90,000 22 Rehabilitation The LJewsiRg C..II..wship Rental New/"e RstmgtieR $ - $""299.999 4- Iowa Valley Habitat for Humanity-Downpayment Assistance $ $ 80,000 2 City of Iowa City,GreenState,&Hills-Downpayment Assistance $ 300,000 $300,000 24 Other Housing Activities The Housing Fellowship-Rental Acquisition - $310,000 2 I..itp d Amin.for Youth_AGquisitien and Rehab of Community Housing Development Organization Operations $ $ 25,000 NA Community Housing Development Organization The Housing Fellowship-Rental Rehab Reserve Activities NA $ 78,000 1 Economic Development Economic Development Program $ 50,000 NA 2 Administration&Planning CDBG Administration $ 160,000 NA NA HOME Administration NA $ 59,000 NA Public Comments Received with Staff Response The 30-day public comment period for the FY24 Annual Action Plan Substantial Amendment#1 began October 3, 2024 and ends November 4, 2024. The City Council is holding a public meeting on November 4, 2024. Comments Received: TBD. Staff Response: N/A k = o a @j � \ \ \ R A 7 A R / ^ / / a 0 m = 0 U § LL a w 2 ■ < < < < C C C C L � < < � 0 J Z Z z z o c \ \ A w Z Z n a a a _ a a a 0 0 0 0 0 0 0 0 2 / / / / o , , / , , / / § 2 7 2 \ / \ C , ® LO (0 ® U « .� u \ E / O CM \ cmu / / / LL _ \ \ / \ \ 2 s / m k \ \ 0) \ _ £ E 3 E O f a) @ , < . ± \ \ 2 \ a u } E § / $ u a) a) \ c E £ E f ± o ± e 0 E o / = / E = I \ g > CL ' \ \ \ k § / § .0 q f \ $ ƒ / / f \ \ \ \ / s � } § ƒ ƒ 5 7 e e m o a I D c I 0) 0 = 7 \ ƒ 0 \ % 0 c \ \ \ < / _ < r / / / / & » \ f $ E $ 7 o L $ 9 9 ƒ ' 0 k ) f 0 f \ R \ IL g Z O 2 O < R O R L O I E c o @ c 0 N \ \ > \ 7 ' E 2 u \ = cn -CL \ @ 0 0 = ° S 2 2 : 0 E I k § \ \ \ ° k f k t 2 u / § CL\ § \ a @ - •- o ■ ■ � @ @ c � IL IL (Lz < = W k L) Luk Item: 10.c STAFF PRESENTATION TO FOLLOW : CITY OF lOVVA CITY 41❑ East Washington Street Iowa City, Iowa 5 2240-1 826 (319) 356-5000 Q 19) 356-5009 FAX www.icgov.org FY24 Annual Action Plan Amendment Appendix 8 - FY24 Revised CDBG HOME Persons I Households I Project Planned activities Award Award Facilities Assisted Public Service Activities Aid to Agencies-Neighborhood Centers of Johnson County $ E4 000 NA 2,460 Aid to Agencies-DVIP $ 60,00C NA 1,002 Public Facility Activities Shelter House-Shelter Improvements $ 120,000 NA 950 Neighborhood and Neighborhood Improvement Program(Curb Ramps) Area Benefits $ 150,000 NA 300 Homeownerl Rental Housing Comprehensive Rehabilitation $ 285,000 $ 90,000 22 Rehabilitation The Hoes Fig Fellowship rya.+ I Ale,.r rn.r+� +i n $ _ $`3�nn non 1 Iowa Valley Habitat for Humanity-Downpayment Assistance $ - $ 86,400 2 City of Iowa City,GreenState,&Hills-Down Other Housing Activities Assistance $ 300,000 $300,400 24 The Housing Fellowship-Rental Acquisition - $310,DOD 2 UP Ad on for You lh- Aroi ms ition and Rah-ab of T:ansi#inn-d g $ - 4- Community Housing Development Organization Operations $ _ $ 25.000 NA Community Housing Development Organization The Housing Fellowship-Rental Rehab Reserve Activities NA $ 78,000 1 Economic Development Economic Development Program $ 50,000 NA 2 Administration &Planning CDBG Administration $ 160,00C NA NA HOME Administration NA $ 59,000 NA STAFF PRESENTATION CONCLUDED CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1 826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org Item Number: 10.d. CITY OF IOWA CITY COUNCIL ACTION REPORT November 4, 2024 Resolution authorizing the City Manager to sign a letter of support for Shelter House that dedicates project-based vouchers upon the award of a HUD Continuum of Care Builds grant. Prepared By: Rachel Carter, Housing Administrator Reviewed By: Tracy Hightshoe, Director, Neighborhood and Development Services Erika Kubly, Neighborhood Services Coordinator Fiscal Impact: The annual cost of the project-based vouchers will be covered by Federal HCVP funding. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Memo Project Summary Request PBV's City of Iowa City Council Resolution Executive Summary: The City of Iowa City currently administers 60 project-based vouchers in partnership with Shelter House for households experiencing chronic homelessness at Cross Park Project and the 501 project. Shelter House has been nominated by the Balance of State Continuum of Care to apply for a national grant to develop a new Permanent Supportive Housing project. Shelter House is requesting a letter of support from the City with the intention of project basing 36 additional vouchers at the new development upon award of the grant. Project based vouchers will provide stability for residents of the project, and revenue for Shelter House to ensure ongoing operations. Background /Analysis: The Department of Housing and Urban Development (HUD) provides Public Housing Authorities (PHAs) the ability to attach Housing Choice Vouchers to specific units with unique regulatory guidance; these are referred to as project-based vouchers. The City administers 60 project-based vouchers in partnership with Shelter House for households experiencing chronic homelessness at Cross Park Place and the 501 project. These vouchers help improve access to supportive services for those experiencing homelessness, help these households secure units when their barriers may make it difficult for them to otherwise identify housing, and provides a consistent revenue source for Shelter House to continue providing supportive services. Shelter House has been selected to apply for a national grant, the HUD Continuum of Care Builds grant, to develop and build 36 units of permanent supportive housing. A requirement of their grant application is to leverage Housing Choice Vouchers to the extent possible. The attached request from Shelter House details their commitment to expanding permanent supportive housing options in the community, the need for those units, and requests a letter of support dedicating project-based vouchers to the potential project, if awarded funds through the national competition. HUD allows the City to commit up to 20% of current Housing Choice Vouchers to project-based vouchers. Currently, less than 4% are project-based, at Cross Park Place and 501. In accordance with the Iowa City Housing Authority Housing Choice Voucher Program Administrative Plan, the City prioritizes placing project-based vouchers in developments that incorporate "Housing First" activities providing permanent supportive housing for households experiencing homelessness and/or with a disabling condition. Providing a letter of support dedicating project-based vouchers to Shelter House's project is consistent with the intent of the Administrative Plan and is an allowable activity under HUD regulations. The Administrative Plan presently limits the number of project-based vouchers to 5%, and dedicating 36 more vouchers will increase the percentage to approximately 7% requiring a future amendment to the Administrative Plan. R Nu"4 s e To: Rachel Carter, Housing Administrator Iowa City Housing Authority From: Crissy Canganelli, Executive Director Shelter House Re: Request for Project Based Vouchers for new PSH Project Date: October 29, 2024 Shelter House seeks to apply for a HUD Continuum of Care Builds (CoCBuilds) grant to expand Permanent Supportive Housing opportunities in our community. Shelter House intends to construct no fewer than 36 one-bedroom apartments targeted for 1)households experiencing homelessness in which at least one member has a disability, and 2) individuals meeting HUD's definition of chronic homelessness. The City Council supported Shelter House's initial Housing First, Permanent Supportive Housing (PSH)initiative from the very beginning, incorporating it into the Council's own strategic plan. To do this, City staff worked with Shelter House to draft an amendment to the Zoning Code, creating a new housing type, in order to facilitate the development of permanent supportive housing. There was unanimous support for the amendment and Community Service Long-Term Housing was amended to the Code in 2016. The City's commitment was demonstrated not only through financial support and investment in the original FUSE—Housing First Project(Cross Park Place24 one-bedroom units) in 2019,but was followed by The 501 Project in 2022 (36 one-bedroom units). More systemically, the City has incorporated their support in policy changes made to better ensure the viability and growth of Permanent Supportive Housing over time. PSH is an evidence-based, minimal-barrier housing intervention prioritized for individuals with complex, co-occurring conditions as defined by established federal standards. Individuals in PSH programs live in housing guaranteed to remain affordable. Further, they retain their autonomy and dignity through the combination of person-centered, flexible, voluntary support services. Tenants have a legal right to remain in their housing, as defined by the terms of a standard, renewable lease agreement. Access to and maintenance of housing is available to individuals who meet PSH eligibility criteria and is not based on any housing readiness requirements, such as sobriety,behavioral, and/or program compliance (University of Iowa Center of Excellence in Behavioral Health). Homelessness in Johnson County,both sheltered and unsheltered, is increasing. Accounting for population growth, over the past six years, the rate of homelessness has increased by 20%. The occurrence of unsheltered homelessness has more than doubled in that same time. Although only the fourth most populous county in Iowa, Johnson County has the second highest rate of chronic homelessness in the state. Current PSH projects are at full occupancy: 74 households are currently on the PSH waitlist and 22% of the households on the Coordinated Entry list qualify as chronically homeless. Available Rapid Rehousing (RRH)resources are persistently serving a high rate of households who actually qualify for Permanent Supportive Housing (over 35%) due to insufficient PSH capacity. The persisting occurrence of chronic homelessness and highly vulnerable, disabled individuals in RRH is further evidence of the need for additional PSH capacity. Shelter House requests that 36 Project Based Vouchers be dedicated for and awarded to Shelter House upon the award of a HUD CoCBuilds grant. These vouchers will ensure housing affordability for all tenants, supportive services programming, and essential operating revenue for operation of the building, as it must be staffed 24/7. Continuation of support and investment of these resources is a priority—there is clear evidence of both the need for and the benefits of Permanent Supportive Housing. The Iowa City Police Department continues its partnership and support for Housing First and the expansion of Permanent Supportive Housing. Initial data analysis demonstrated significant declines in incarceration for Cross Park Place tenants. A quarterly analysis of nights spent in jail by Cross Park Place tenants (N=24)revealed a 92% decrease in nights spent in jail from the three-year quarterly average prior to housing placement from 107 nights down to 8 nights by the third quarter following moving into housing. Permanent Supportive Housing and the Housing First approach have proven to significantly reduce returns to jail and homelessness and reliance on emergency health services,while improving overall quality of life. Together, this housing intervention and approach saves both lives and money. We are bearing witness to this in our community.