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