Signed Contract_McCullough Creative Group for Client Advertising on Transit Bus ExteriorsCopyrighted
January 3, 2022
City of Dubuque Consent Items # 15.
City Council Meeting
ITEM TITLE: Signed Contract(s)
SUMMARY: McCullough Creative Group for the production, installation, and removal
of client advertising on transit bus exteriors.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
McCullough Creative Group Contract Supporting Documentation
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
MCCULLOUGH CREATIVE GROUP
This Agreement, dated for reference purposes the 15t day of December, 2021, is made
and entered into by and between the City of Dubuque, Iowa and McCullough Creative Group
of Dubuque, Iowa.
Whereas, the City of Dubuque, Iowa (City) is seeking production, installation, and
removal of advertising for its buses; and
Whereas, McCullough Creative Group (McCullough) proposes to provide the
production and installation of advertising (Advertisements) for City's buses.
Now, therefore it is agreed by and between the parties as follows:
SECTION 1. TERM. The original term of this Agreement shall be from December 1, 2021,
through December 1, 2022 (Term) with the option to renew for two (2) additional one (1) year
terms.
SECTION 2. DECAL PRODUCTION. McCullough agrees to provide advertising for
businesses (Advertising Customers) for display on City buses according to the process
outlined in the Request For Production (RFP) attached, and Decal Pricing Guide attached as
Appendix E. McCullough will provide an editable design template for each bus type.
McCullough will provide templates to Advertising Customers and to the City for design
purposes only. Such templates will remain the joint property of McCullough and the City.
McCullough will not make any design changes to final production without the consent of the
City and the Advertising Customer. McCullough must show accurate or near accurate final
proofs of all Advertisements to City and the Advertising Customer before decal applications
of Advertisements are placed on buses. McCullough shall not print any decal applications of
Advertisements until the City and the Advertising Customer approve final proofs of such
Advertisements.
SECTION 3. WARRANTY. McCullough warrants that all approved Advertisements and
designs do not infringe upon any trademark or copyright.
SECTION 4. INDEMNIFICATION. McCullough agrees to defend, indemnify and hold the
City of Dubuque, its officers and employees free and harmless from any and all loss, liability,
claims and demands, including attorney's fees, arising out of the character, contents or
subject matter of any Advertisements displayed or produced pursuant to this Agreement.
SECTION 5. STANDARDS. All Advertisements shall conform to recognized business
standards. Graphics, artwork, and copy of Advertisements shall be of high quality.
SECTION 6. COMPLIANCE WITH APPLICABLE LAWS. Advertisements created
pursuant to this Agreement shall not conflict with the applicable laws of the United States, the
State of Iowa, the City of Dubuque and/or any other applicable laws.
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SECTION 7. PAYMENT FOR SERVICES AND COSTS. McCullough will bill the
Advertising Customer directly for production and installation costs, upon execution of a
signed contract between the City and the Advertising Customer. A copy of such contract will
be provided to McCullough for reference purposes. Each invoice will describe and cover the
production and installation costs for the project described in the signed contract between the
City and the Advertising Customer provided to McCullough by the City.
SECTION 8. TERMINATION. City reserves the right to terminate this Agreement for any
reason upon not less than ninety (90) days written notice to McCullough.
SECTION 9. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the City and McCullough. City shall not be bound by any stipulations, conditions, or
agreements not set forth in this Agreement.
SECTION 10. WAIVER. Waiver by the City of any breach of any provision shall not
constitute a waiver of any other breach of that provision or any other provision.
SECTION 11. ASSIGNMENT. The parties may not assign all or any part of this
Agreement without the prior written consent of the other. Such written consent shall not be
unreasonably withheld.
SECTION 12. DISPUTE RESOLUTION. The parties agree to submit any dispute or
disagreement between the parties arising out of or in connection with any term or provision of
this Agreement, the subject matter hereof, or the interpretation or enforcement hereof to
mediation, and if mediation is not successful, then to binding arbitration.
SECTION 13. SEVERABILITY. If any provision of this Agreement is deemed by any court
or other competent authority to be void or unenforceable in whole or in part, this Agreement
shall continue to be valid as to the other provisions thereof and the remainder of the affected
provision.
SECTION 14. FORCE MAJEURE. Neither party will be liable to the other or be deemed in
breach of this Agreement for any failure or delay in rendering performance arising out of
causes beyond its reasonable control and without its fault or negligence. Such causes may
include, but are not limited to, acts of God or the public enemy, terrorism, significant fires,
floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes or
unusually severe weather. The party whose performance is affected agrees to notify the
other promptly of the existence and nature of any delay.
SECTION 15. HEADINGS. The section headings contained in this Agreement are included
herein for reference purposes only, solely for the convenience of the parties hereto, and shall
not in any way affect the meaning, interpretation or applicability of this Agreement or any
term, condition, or provision hereof.
SECTION 16. APPLICABLE LAW. This Agreement shall be governed by and construed
solely in accordance with the laws of the State of Iowa.
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SECTION 17. NOTICES. Notices provided pursuant to this Agreement shall be given or
made in writing and deposited in the United States mail, registered and postage prepaid„ to
the following:
To McCullough Creative Group: Pat McCullough
10446 Ironwood Drive
Tamarack Business Park
Dubuque, IA 52003
To City: Ryan Knuckey
Transportation Services Director
950 Elm Street
Dubuque, IA 52001
CITY OF DUBUQUE MCCULLOUGH CREATIVE GROUP
By: �vc � By:
Mici ael C. Van Milligen
City Manager
11Pc-,ge
REQUEST FOR PROPOSAL (RFP)
OF
THE CtUB
ISSUE DATE: October 14, 2021
Russ Stecklein
D�CONTACT:
PHONE NO: 563-589-4197
EMAIL: rsteckleCa)citvofdubug ue.org
Masterpiece on the Mississippi
SUBMIT PROPOSAL/OFFER PRIOR TO:
SUBMIT TO:
Dubuque City Clerk
50 W. 13th Street
CLOSING DATE: November 2, 2021
Dubuque, IA 52001
CLOSING TIME: Prior to 2:00 P.M. CDT
DESCRIPTION:
Production, installation, and removal of client advertising on transit bus exteriors
RECEIPT OF PROPOSAL ACKNOWLEDGEMENT
If you are considering a response to this RFP, please mark the box to
the left, fill in the information below and return this sheet as a confirmation
that you received this RFP.
NO RESPONSE REPLY
If you do not want to respond to this RFP at this time, please mark the
box to the left, fill in the information below and return this sheet only.
COMPANY NAME:
DATE:
MAILING ADDRESS:
CITY/STATE:
ZIP CODE:
AUTHORIZED SIGNATURE:
PRINTED NAME:
TITLE OF AUTHORIZED REPRESENTATIVE:
EMAIL:
PHONE:
11PagP.
CITY OF DUBUQUE
The Jule
REQUEST FOR PROPOSALS
Production, installation, and removal of client advertising
on transit bus exteriors
City of Dubuque, Iowa
October 14, 2021
21Page
11Page
Table of Contents:
SECTION
1.0 Introduction.........................................................
2.0 Project
Objectives.........................................................
3.0 Community
Background ...................................................
4.0 Project Scope of
Services ................................................
5.0 Use of City
Resources ....................................................
6.0 Information to be Included in the
Proposal ...........................
7.0 Proposal Questions and Answers
..................................
8.0 Submission
Requirements ...............................................
Appendix A Vendor Evaluation and Selection Process
Appendix B RFP Rules and Protest Procedure
Appendix C City of Dubuque Contract Terms and Conditions
Appendix D Decal Production Checklist
Appendix E Pricing Guide
Appendix F Insurance Requirements
PAGE
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4
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4
6
7
8
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City of Dubuque, Iowa
Request for Proposal
Production, installation and removal of client advertising on transit bus exteriors
1.0 INTRODUCTION
The City of Dubuque, Iowa is soliciting competitive sealed proposals from qualified
professional vendor firms to provide production, installation and removal of client
advertising on transit bus exteriors.
2.0 OBJECTIVES
The City of Dubuque is seeking an agreement with a qualified vendor to provide
production, installation, and removal of client advertising on transit bus exteriors. The
original term of this Agreement shall be a two-year term with the option to renew for two
(2) additional one (1) year terms.
3.0 COMMUNITY BACKGROUND
The City of Dubuque is located on the Mississippi River in northeastern Iowa, adjacent
to Illinois and Wisconsin. The City is approximately 30 square miles in area, with a
population of approximately 60,000 people. The City's annual operating and capital
budget is nearly $116 million and funds a full range of services. The City's web site is
www.citvofdubuque.org.
The community has a stable and diversified manufacturing base and a growing service
sector. Dubuque is the major retail, medical, education and employment center for the
tri-state area. Tourism continues to be a major economic force in the community. City
government works in collaboration with the private sector to promote economic
development. The job creation and unemployment numbers show that Dubuque is
growing steadily in the current economic climate. Dubuque's construction numbers
reveal an even more encouraging picture. The City has formed strong relationships
with the local business community to promote continued economic growth and success.
4.0 PROJECT SCOPE OF SERVICES
The following outline represents the minimum components for the project. The City will
evaluate submitted proposals and award contract to selected vendor based on the best
proposed solution.
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SCOPE OF WORK
Vendor agrees to provide logo decals and advertising for businesses (Advertising
Customers) for display on City buses according to Appendix D, Decal Production
Process Checklist, and Appendix E, Decal Pricing Guide. Vendor will provide an
editable design template for each bus type. Vendor will provide templates to Advertising
Customers and to the City for design purposes only. Such templates will remain the joint
property of Vendor and the City. Vendor will not make any design changes to final
production without the consent of the City and the Advertising Customer. Vendor must
show accurate or near accurate final proofs of all advertisements to City and the
Advertising Customer before decal applications of advertisements are placed on buses.
Vendor shall not print any decal applications of advertisements until the City and the
Advertising Customer approve final proofs of such advertisements.
COST
Cost will be submitted on attached form E in a separate sealed envelope
INSTALLATION AND REMOVAL OF ADVERTISING
• All installations shall be performed by certified installer(s) for the particular type of
material used.
• Installation and/or removal of advertising shall generally take place between the hours
of 7:00 a.m. and 5:00 p.m. on weekdays, unless otherwise coordinated with Transit
staff. The Contractor shall provide the Operations Supervisor with a list of buses for
which advertising needs to be installed and/or removed. This list shall be provided to the
Operations Supervisor at least 72 hours in advance of the desired day when installation
and/or removal is to be performed.
• The successful bidder shall deliver, install, and remove materials within the Jule
garage in the advertising area (specific lane assignment to be given the day of each
installation and/or removal) located at 949 Kerper Blvd, Dubuque, IA.
• The successful bidder shall contact the Supervisor -on -Duty whenever entering or
exiting the facility.
• The Transit garage area must be kept clean. Waste materials from installation must be
collected and removed by the contractor.
• While within the Jule facility, the successful bidder shall follow the instructions of Jule
personnel.
• Inspection of installed/removed advertising will be done, by transit staff, within 3-5
business days. Any work that does not pass inspection must be corrected, by the
contractor, with seven (7) calendar days. Work shall be coordinated with Transit staff.
• Bus number, safety stickers, exterior signage and labels, and various sections of the
bus (e.g., front curbside/driver's window, emergency exits, etc.) must be clearly visible
from the outside and unobstructed by the wrap ads. The Transit Manager will provide
direction to contractors about the placement of the wrap ads to ensure compliance with
Iowa DOT regulations for public transit providers.
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• The successful bidder should direct questions about installation/removal to the Jule
Operations Supervisor.
• The successful bidder shall take a picture of the completed installation/removal and
email to the Operations Supervisor.
• The successful bidder is responsible for returning bus to its original condition, with
reasonable wear and tear exempted, when any display advertisements are removed.
• Damage to the paint surface caused by the application or removal of advertisements is
not considered reasonable wear and tear.
• The successful bidder is responsible for the cost of any damages to the transit bus,
resulting from their installation and/or removal work.
• Payment for paint and/or body damage will be invoiced, due and payable net 30 days
from receipt of invoice or may be deducted from any balances owed.
• Hiding paint damage will be grounds for termination of services.
Bids - Bid amounts are expected to be for an all-inclusive amount.
All responses to this Request for Proposals must include the following information
describing the Vendors proposal
• Complete pricing breakdown using a line -item pricing structure. Include any necessary
components or services that the RFP may not have mentioned.
• Any and all labor necessary for installation
• Summary sheet of proposal pricing, with any alternate(s) pricing clearly marked below
the main proposal.
• Specification sheets of materials and other key components
• Provide details of all product and service warranties.
• Provide a listing of at least 3 similar projects completed and a contact reference for
each.
5_0 CITY RESOURCES
5_1 - Use of City Resources for the RFP Preparation
• All information requests shall be directed to the City's Transportation Services
Interim Director, Russ Stecklein, (rsteckleCabcitvofdubuaue.ora) or at 563-589-
4197. All vendors should note that contacting other City of Dubuque staff, or any
of the Selection Committee members shall be considered inappropriate and be
grounds for disqualification.
5.2 - Material Available for the RFP
. Bus Ad measurements are attached for bidder's review.
❑ Vehicle fleet listing is available
❑ On -site visits to view vehicles can be provided at bidders request based on
staff and vehicle availability
6.0 INFORMATION TO BE INCLUDED IN PROPOSAL
The Proposal should address all the points outlined in this RFP excluding any cost
information which shall be included in a separate sealed envelope labeled "Project Cost
Estimate'. The Proposal should be prepared simply and economically, providing a
straight -forward, concise description of the vendor's capabilities to satisfy the
requirements of the RFP. A maximum proposal length of 10 pages will be enforced.
To simplify the review process and to obtain the maximum degree of comparability, the
proposal shall include the following information and shall be organized in the order and
manner specified below. While additional data may be presented, the following subjects
must be included. They represent the criteria against which the proposal will be
evaluated.
Letter of Transmittal
Provide a letter of transmittal briefly outlining the vendor's understanding of the work,
which specific sections of the Scope of Services are addressed in the submitted
proposal and list the Project Manager's the name, address, telephone number, fax
number and e-mail address. The name that is provided for the Project Manager will be
used as the primary contact person during the RFP evaluation process.
Profile of Firm
Briefly provide general information about the Firm, along with its area of expertise and
experience as it relates to this RFP. Photos or other images of completed comparable
work should be provided.
Scope of Services
Describe the means or strategy by which the vendor would satisfy specific sections of
the Scope of Services.
Fees and Compensation
Please indicate on Appendix E. Description of proposed products, lifespan and
durability should also be included in this section.
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Quotation of fees and compensation shall remain firm for a period of at least 60 days
from the RFP submission deadline.
7.0 PROPOSAL QUESTIONS AND ANSWERS
The City has used considerable efforts to ensure an accurate representation of
information in this RFP. Each Proposer is urged to conduct its own investigations into
the material facts provided.
No answers given in response to questions submitted shall be binding upon this RFP
unless released in writing (letter, fax or email) as an officially numbered and titled
addendum to the RFP by the City of Dubuque.
From the date of issuance of the RFP until final City action, the Proposer shall not
discuss the RFP with or contact any other City of Dubuque staff or any of the Selection
Committee members except as expressly authorized by the City Project Manager.
Violation of this restriction will be considered a violation of the rules and be grounds for
disqualification of the vendor's proposal.
Project Manager contact information is as follows:
Russ Stecklein
Project Manager
City of Dubuque
Transit Division
950 Elm Street
Dubuque, IA 52001
Phone: 563.589.4197
E-mail: rsteckleacitvofdubuoue.org
8_0 SUBMISSION REQUIREMENTS
Before submitting a proposal, each Proposer shall make all investigations and
examinations necessary to ascertain site conditions and requirements affecting the full
performance of the contract and to verify any representations made by the City upon
which the Proposer will rely.
PROPOSAL SUBMITTAL INFORMATION
• Submittal Deadline: November 2, 2021
• Submittal Location: City of Dubuque
City Clerk's Office
50 West 13th Street
Dubuque, Iowa 52001-4864
• Submittal Contact Russ Stecklein
■ Submittal Copies: Three (3) sets of the proposal shall be provided.
Submit one (1) original signed proposal and two (2) copies.
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Proposals can be submitted in hard copy no later than the date and time set out in this
document. Each addendum should be acknowledged in the Letter of Transmittal by
providing the addendum number and title. It is solely the vendor's responsibility to
ensure that you have received all addendums to this RFP before submitting the
proposal.
Each vendor assumes full responsibility for delivery and deposit of the completed
proposal package on or before the deadline.
Any proposals received after the submittal deadline will not be considered and will be
returned unopened to the Proposer. The City of Dubuque is not responsible for any
loss or delay with respect to delivery of the proposals.
The City of Dubuque is not liable for any costs incurred by any vendor prior to the
execution of an agreement or contract. Nor shall the City of Dubuque be liable for any
costs incurred by Firms that are not specified in any contract. All results from this project
will remain the property of the City of Dubuque.
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Appendix A
Vendor Evaluation and Selection Process
INITIAL EVALUATION CRITERIA
Proposals will be screened to ensure that they meet the minimum requirements of the
required format. A selection committee will review qualifying proposals and select Firms
for placement on the vendor short-list for the project. The following criteria in order of
their relative importance (most is first, least is last) will be used to initially evaluate
submitted proposals.
1. A high level of professional competence and a proven track record in providing
labor, material and equipment to install advertising on bus exteriors:
a. Qualifications and experience of the vendor and any sub vendors.
b. Demonstration of the project team's professional expertise. If a joint
venture with sub vendors, the track records of the Firms' experience
working together.
c. Experience of the vendor working on municipal projects.
d. Experience of the vendor working on municipal projects in Iowa.
2. Design approach/methodology in completing scope of services such as:
a. Grasp of project requirements and level of interest in the project.
b. Creativity and problem -solving ability.
c. Ability of vendor team to demonstrate initiative, motivation and knowledge
as an indication of their desire to work with the City of Dubuque.
3. Proposed timeframe required to install and remove advertising.
4. Quality and completeness of the written proposal. The proposal should clearly
demonstrate understanding of the City's overall objectives for the intermodal
transportation center study.
SUPPLIER SHORT-LIST EVALUATION CRITERIA
The selection committee will again review the qualifying proposals of only the short-
listed firms. The following criteria are among those that will be used to evaluate the
vendors on the short-list.
1. Qualifications and Technical Capability of the Proposer (40 Percent)
The evaluation will be based upon:
o Results of customer references related to similar projects
o Demonstrates understanding of the project and its requirements
o Utilizes and promotes current Equipment and Supplies
o Minimizes risk by use of the most current, proven and available state-
of-the-art technologies.
2. Experience Base of the Proposer (20 Percent)
The evaluation will be based upon:
o Breadth and depth of project experience with and past performance on
similar projects.
o Overall installation and deployment experience.
o Financial solvency and capacity.
3. Qualifications of Personnel Assigned to the Project (20 Percent)
The evaluation will be based upon:
o Project management team.
o Organization of the work and management plan.
o Availability of key personnel.
4. Price (20 Percent)
The evaluation will be based upon:
o Comparative to similar systems/ proposals for each element in the
Price Proposal Form.
o Unit prices comparable to similar unit prices in the industry.
Following completion of the interview process (should it be necessary), the Selection
Committee will review the evaluation of the written RFP relative to the input received
during the interview process and prepare a final ranking of the short-listed respondents.
SELECTED VENDOR PROCESS
Upon the successful completion of the vendor review process, the RFP Selection
Committee will recommend to the City Manager or City Council the awarding of a
contract to the highest ranked vendor based a 'best value" basis. Evaluation factors
that are most important to the City are quality of proposed personnel, experience
performing similar scopes of work, length of installation and removal schedule and cost.
Payment for Work: The vendor will be paid directly by the advertising client based on
decal pricing rates identified in the contract with the City.
Appendix B
RFP Rules and Protest Procedure
PROTEST PROCEDURES
In general, protests will only be accepted from prospective bidders or offerors whose
direct economic interest would be affected by the award of a contract or refusal to
award a contract. The Project Manager will consider all such protests, whether
submitted before or after the award of a contract. If oral objections are raised and the
matter cannot be resolved to the satisfaction of the objector, a written protest shall be
required before any further consideration is given. Protest submissions should be
concise, logically arranged, and clearly state the grounds for the protest. Protests must
include at least the following information:
1. Name, address, and telephone number of protestor;
2. Identification of the solicitation or contract number;
3. A detailed statement of the legal and factual grounds of protest including copies
of relevant documents; and,
4. A statement as to what relief is requested.
The written dispute shall be sent via certified mail or delivered in person to the Project
Manager. All protest documents received by the Project Manager shall be stamped with
date and time received and logged into a protest file folder.
Decision on Protest
The Project Manager shall forward all protests to the City Manager, with all applicable
supporting documentation, who will review the reasons for the protest and will respond
to each issue noted in the protest. The City Manager will discuss his/her findings with
The Jule Transit Advisory Board before a final decision is made concerning the protest.
The Procurement Officer shall provide a final decision to the protesting
Vendor/Contractor in writing within thirty (30) calendar days from the receipt of the
written protest and shall provide notice of such decision to all interested parties.
MINOR IRREGULARITIES
The City reserves the right to waive minor irregularities in submitted proposals,
providing such action is in the best interest of the City. Minor irregularities are defined
as those that have no adverse effect on the City's best interests, and will not affect the
outcome of the selection process by giving the prospective vendors an advantage or
benefit not enjoyed by other prospective vendors.
EXCEPTIONS
Proposer exceptions to any part of the requirements stated in this request must be
clearly identified as exceptions and noted in the letter of transmittal and in the submitted
project cost estimate.
RANKING OF THE PROPOSALS
No debriefings or scoring information shall be released before the City Manager or City
Council has recommended that a contract be negotiated with the recommended Firm.
However, after authorization has been granted to negotiate a contract, all contents of
the submitted proposals shall become public information.
The City has established for the purposes of this RFP that the words "shall", "must", or
"will" are equivalent in this RFP and indicate a mandatory requirement or condition, the
material deviation from which shall not be waived by the City. A deviation is material if,
in the City's sole discretion, the deficient response is not in substantial accord with this
RFP's mandatory conditions requirements.
The words "should" or "may" are equivalent in this RFP and indicate very desirable
conditions, or requirements but are permissive in nature. Deviation from, or omission
of, such a desirable condition or requirement will not in and of itself cause automatic
rejection of a proposal but may result in being considered as not in the best interest of
the City.
Appendix C
City of Dubuque Standard Terms and Conditions
STANDARD TERMS AND CONDITIONS
ACCELERATED PAY DISCOUNTS - Accelerated discounts should be so stated on the
bid submittal page. If quick pay discounts are offered, the City reserves the right to
include that discount as part of the award criteria. Prices must, however, be based upon
payment in net thirty (30) days after receipt, inspection and acceptance. In all cases,
quick pay discounts will be calculated from the date of the invoice or the date of
acceptance, whichever is later.
ADA COMPLIANCE
1. The Vendor shall comply with all applicable provisions of the Americans with
Disabilities Act (Public Law 101-336, 42 U.S.C. 12101 et seq.) and applicable Federal
regulations under the Act.
2 Bids for design, construction, programs, policies and concessions of any type shall
comply with the 2010 Standards for Accessible Design, the ADA title II regulation,
Section 504 of the 1973 Rehabilitation Act, and similar statutes and regulations
prohibiting discrimination on the basis of disability.
3. The Vendor shall ensure that its websites and all online services, including those
websites or online services provided by third parties upon which Dubuque relies
to provide services or content, comply with, at minimum, Web Content Accessibility
Guidelines - WCAG 2.0 AA.
ASSIGNMENT - The City and the Vendor each are hereby bound and the partners,
successors, executors, administrators and legal representatives of the City and the
Vendor are hereby bound to the other party to the Contract and to the partners,
successors, executors, administrators and legal representatives (and said assigns) of
such other party, in respect of all covenants, agreements and obligations of the Contract.
Any assignment or attempt at assignment made without prior written consent of the City
shall be void.
BID CURRENCY/LANGUAGE - All bid prices shall be shown in US Dollars ($). All prices
must remain firm for the duration of the Contract regardless of the exchange rate. All bid
responses must be submitted in English.
BID FORM - Each bidder must submit an original bid and additional copies as required on
the forms attached. The bidder shall correctly sign the bid, and the bid may be rejected if
it shows any omissions, alterations of the form, additions not called for in the bid, or any
irregularities of any kind. In case of a discrepancy between the unit price and the
extended price, the unit price shall prevail.
BID INFORMATION IS PUBLIC — The bid and all documents submitted with any bid shall
become public documents subject to Iowa Code Chapter 22, which is otherwise known as
the "Iowa Open Records Law". By submitting the bid any document to the City of
Dubuque in connection with a bid, the submitting party recognizes this and waives any
claim against the City of Dubuque and any of its officers and employees relating to the
release of any document or information submitted. Each submitting party shall hold the
City of Dubuque and its officers and employees harmless from any claims arising from the
release of any document or information made available to the City of Dubuque arising
from any opportunity. Bid information requested by the public or other bidders will be
provided in an alternative format if the requestor is a person with a disability and requires
an alternative form for comprehension.
BID REJECTION OR PARTIAL ACCEPTANCE - The City reserves the right to accept or
reject any or all bids or parts thereof. The City further reserves the right to waive
technicalities and formalities in bids, as well as to accept in whole or in part such bids
where it is deemed advisable in protection of the best interests of the City.
CONFLICT OF INTEREST - The Vendor represents, warrants, and covenants that no
relationship exists or will exist during the Contract period between the Vendor and the City
that is a conflict of interest. No employee, officer or agent of the Vendor shall participate
in the selection or in the award if a conflict of interest, real or apparent, exists. The
provisions of Iowa Code ch. 68B shall apply to the Contract. If a conflict of interest is
proven to the City, the City may terminate the Contract, and Vendor shall be liable for any
excess costs to the City as a result of the conflict of interest. The Vendor shall establish
safeguards to prevent employees, consultants, or members of governing bodies from
using their positions for purposes that are, or give the appearance of being, motivated by
the desire for private gain for themselves or others with whom they have family, business,
or other ties. The Vendor shall report any potential, real, or apparent conflict of interest to
the City.
CONTRACT DOCUMENTS — The Contract Documents are this Contract, the Request for
Bids, the Vendor's Bids, and the following additional documents, if any:
In the event of a dispute with respect to any term or condition in the Contract Documents,
they shall be interpreted in the following order: this Contract, the Request for Bids, the
Vendor's Bids, and the following additional documents, if any:
DISPUTES - Should any disputes arise with respect to the Contract, the Parties agree to
act immediately to resolve such disputes. Time is of the essence in the resolution of
disputes. The Vendor agrees that the existence of a dispute notwithstanding, it will
continue without delay to carry out all of its responsibilities under the Contract that are not
affected by the dispute and the City shall continue to make payment for all Work properly
performed. Should the Vendor fail to continue to perform its responsibilities regarding all
non -disputed work, without delay, any additional costs incurred by the City or the Vendor
as a result of such failure to proceed shall be borne by the Vendor. The unintentional
delayed payment by the City to the Vendor of one or more invoices not in dispute in
accordance with the terms of the Contract will not be cause for Vendor to stop or delay
Work.
FORCE MAJEURE - Force majeure shall be any of the following events: acts of God or
the public enemy; compliance with any order, rule, regulation, decree, or request of any
governmental authority or agency or person purporting to act therefore; acts of war, public
disorder, rebellion, terrorism, or sabotage; floods, hurricanes, or other storms; strikes or
labor disputes; or any other cause, whether or not of the class or kind specifically named
or referred to herein, not within the reasonable control of the party affected. A delay in or
failure of performance of either party shall not constitute a default hereunder nor be the
basis for, or give rise to, any claim for damages, if and to the extent such delay or failure is
caused by force majeure. The party who is prevented from performing by force majeure
shall be obligated, within a period not to exceed fourteen (14) days after the occurrence or
detection of any such event, to give notice to the other party setting forth in reasonable
detail the nature thereof and the anticipated extent of the delay, and shall remedy such
cause as soon as reasonably possible, as mutually agreed between the parties.
INDEMNIFICATION - To the fullest extent permitted by law, the Vendor shall indemnify
and hold harmless the City, its officers and employees, from and against all claims,
damages, losses and expenses, including but not limited to attorneys' fees, arising out of
or resulting from performance of the Contract, provided that such claim, damages, loss or
expense is attributable to bodily injury, sickness, disease or death, or injury to or
destruction of property, including loss of use resulting therefrom, but only to the extent
caused in whole or in part by negligent acts or omissions of the Vendor, or anyone directly
or indirectly employed by the Vendor or anyone for whose acts the Vendor may be liable,
regardless of whether or not such claim, damage, loss or expense is caused in part by a
party indemnified hereunder.
LAWS AND REGULATIONS - The Contract shall be governed, interpreted and enforced
in accordance with all applicable federal, State of Iowa, and local laws, ordinances,
licenses and regulations and shall apply to the Contract throughout, as the case may be.
The Vendor certifies that in performing the Contract it will comply with all applicable
provisions of the federal, state, and local laws, ordinances, licenses and regulations.
Venue for any action arising out of this Contract shall be the Iowa District Court for
Dubuque County, Iowa.
METHOD OF AWARDING - The City reserves the right to make awards based on the
entire bid or on an item by item basis. However, if Vendor's bid is based on an "all or
none" condition, the City may consider its bid non -responsive and reject the entire bid.
NO GIFT STANDARD - The City of Dubuque is committed to upholding the highest ethical
standards in all of its business practices. This standard recognizes the need to avoid
even the perception of improper gifts or favors to employees. Therefore, all suppliers
have been asked to abide by the City's "No Gift" standard. The "No Gift" standard also
applies to all offers of discounts or free items at any place of business targeted toward a
City employee and not available to the general public, regardless of the value.
NON -COLLUSION STATEMENT - Neither the Vendor, nor anyone in the employment of
the Vendor, has employed any person to solicit or procure the Contract nor will the Vendor
make any payment or agreement for payment of any compensation in connection with the
Contract. There is no contract, agreement or arrangement, either oral or written,
expressed or implied, contemplating any division of compensation for Work rendered
under the Contract or participation therein, directly or indirectly, by any other person, firm
or corporation, except as documented in the Contract. Neither the Vendor, nor anyone in
the employment of the Vendor, has either directly or indirectly entered into any agreement,
participated in any collusion or otherwise taken any action in restraint of free competitive
procurement in connection with the Contract.
NON-DISCRIMINATION AND EQUAL OPPORTUNITY - All Vendors that engage in
contracts with the City of Dubuque, Iowa agree as follows: The Vendor will not
discriminate against any employee or applicant for employment because of race, sex,
color, creed, ancestry, national origin, marital status, Familial status, religion, age,
disability, sexual orientation, gender identity, genetic information, status with regard to
public assistance, status as a veteran or any classification protected by federal, state, or
local law, (Protected Classes) except where age and sex are essential bona fide
occupational requirements, or where disability is a bona fide occupational disqualification.
Such action shall include, but not be limited to the following; (a) Employment, (b)
Upgrading, (c) Demotion or transfer, (d) Recruitment and advertising, (e) Layoff or
termination, (f) Rate of pay or other forms of compensation, and (g) Selection for training,
including apprenticeship. The Vendor further assures that managers and employees
comply with both the spirit and intent of federal, state, and local legislation, government
regulation, and executive orders in providing affirmative action as well as equal
opportunity without regard to the protected classes, as stated above. The Vendor will
include, or incorporate by reference, the provisions of the nondiscrimination clause in
every contract or subcontract unless exempt by the rules, regulations or orders of the City
and will provide in every contract or subcontract that said provision will be binding upon
each Vendor.
REGULATORY AGENCY COMPLIANCE - Compliance with laws and regulations set
forth by regulatory agencies is required. These agencies include, but are not limited to,
OSHA — Occupational Safety & Health Agency, EPA — Environmental Protection Agency,
]CC — Interstate Commerce Commission, DNR — Department of Natural Resources, and
DOT — Department of Transportation. The City of Dubuque expects that Vendors will
offer expertise on conformance of regulations applying to the products they sell and the
Work they perform.
RIGHT TO PROTEST - Anyone wishing to file a protest concerning (1) the specifications,
(2) the bid procedure or (3) the award of the Contract must do so in writing in accordance
with the City's Protest by bidders which is found in the City's purchasing policy
SAFETY DATA SHEETS - The Hazard Communication Standard (HCS) requires
chemical manufacturers, distributors, and importers to ensure that each container of
hazardous chemicals leaving the workplace is labeled, tagged, or marked and to provide
Safety Data Sheets (SDS) to communicate the hazards of hazardous chemical products.
It is the chemical supplier's responsibility to determine which products are covered and to
provide SIDS with the initial shipment. It is also the chemical supplier's responsibility to
provide any updated or revised SIDS, as they become available for any products sold and
delivered to the City of Dubuque. City of Dubuque employees shall not accept a shipment
of any chemical that does not have a SDS attached or currently on file. Safety Data
Sheets shall be available in alternative formats if the requestor is a person with a disability
and requires an alternative format for comprehension.
SUBCONTRACTING - All Sub Vendors shall be listed in the Contract or in a written
amendment to the Contract.
SUSPENSIONS AND DEBARMENT - The Vendor hereby certifies, pursuant to 2 CFR pt.
180 and 2 CFR pt. 3000, that neither it nor its principles are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in the Contract by any federal agency. The Vendor further certifies that it is
not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in any contracts with the City of Dubuque or the
State of Iowa.
TAXES - The City of Dubuque is exempt from sales tax and certain other use taxes. Any
charges for taxes from which the City is exempt will be deducted from invoices before
payment is made.
TERMINATION OF CONTRACT - The City may terminate the Contract at any time for any
reason with or without cause. In that event, all finished or unfinished Work, reports,
materials(s) prepared or furnished by the Vendor under the Contract shall, at the option of
the City, become its property. If the Contract is terminated by the City as provided herein,
the Vendor shall be paid for all Work which has been authorized, provided, and approved
up to the effective date of termination. The City will not be subject to any termination fees
from the Vendor.
WARRANTIES - WORK - The Vendor shall perform Work for the City pertaining to the
Project as set forth in the Contract.
Vendor represents that the Work and all of its components shall be free of defects; shall
be performed in a manner consistent with other Vendors in a similar industry and
application; and shall conform to the requirements of the Contract.
Vendor shall be responsible for the quality, technical accuracy, completeness and
coordination of all Work performed under the Contract. Vendor shall, promptly and
without charge, provide all corrective Work necessary as a result of Vendor's acts, errors,
or omissions with respect to the quality and accuracy of the Work.
Vendor shall be responsible for any and all damages to property or persons as a result of
Vendor's acts, errors, or omissions, and for any losses or costs to repair or remedy any
Work undertaken by City based upon the Work as a result of any such acts, errors, or
omissions.
Vendor's obligations shall exist without regard to, and shall not be construed to be waived
by, the availability or unavailability of any insurance, either of City or Vendor.
WARRANTIES - INTELLECTUAL PROPERTY - Vendor represents and warrants that all
the materials and Work produced, or provided to the City pursuant to the terms of the
Contract shall be wholly original with the Vendor or that the Vendor has secured all
applicable interests, rights, licenses, permits or other intellectual property rights in such
materials and work. The Vendor represents and warrants that the materials and Work,
and the City's use of same, and the exercise by the City of the rights granted by the
Contract shall not infringe upon any other work or violate the rights of publicity or privacy
of, or constitute a libel or slander against, any person, firm, or corporation. The Vendor
further represents and warrants that the materials and Works does not infringe upon the
copyright, trademark, trade name, trade dress patent, statutory, common law or any other
rights of any person, firm or corporation or other entity. The Vendor represents and
warrants that it is the owner of or otherwise has the right to use and distribute the Work
contemplated by the Contract.
Appendix D
Decal Production Process
1. After a signed contract is received from the Advertising Customer, City
provides an email to vendor containing number and type of vehicles, start
date for advertising, and Advertising Customer contact information to
allow vendor to schedule production.
2 Advertising Customer supplies artwork files including images, logos, fonts and
other necessary material to vendor via FTP 30 days prior to production date.
3. Vendor reviews material and requests any additional information if needed
and makes possible suggestions to achieve the wishes of City/Advertising
Customer.
4. Vendor supplies PDF proofs to City and Advertising Customer.
5. Vendor contacts City to schedule decal installation.
6. Vendor prints and applies decal after City and Advertising Customer sign off
on final proof. City and Advertising Customer must sign off on final proof via
e-mail before any decals are applied.
Appendix E
Decal Pricing
241Page
Decal pricing includes time required to prepare files, remove existing decals, produce
new decal and install new decal. No changes to the decal pricing guide can be made
by either party while this contract is in effect. The original term of this Agreement shall
be from November 2021, through October 2023 (Term) with the option to renew for two
(2) additional one (1) year terms.
Materials quoted in Column A will be used for long term advertising contracts.
Materials quoted in Column B will be used for short term campaigns or event advertising
lasting no longer than 6 months.
A
B
Vehicle Type and Decal Position
Dimensions
Minimum 2
Year
Lifes an
6 Month
Lifespan
Material
Original Light Duty and Sprinter
Passenger Side
151.5" x 72"
Driver Side
202" x 72"
Rear
Passenger Side
76" x 70"
151.5" x 32"
Driver Side
202" x 32"
New Light Duty
Passenger Side
137.5" x 66"
Driver Side
206"x66"
Rear
74"x80"
Passenger Side
137.5"x22'
Driver Side
206"x22"
Original Heavy Duty Vehicle
Passenger Side
173" x 98"
Driver Side
197" x 98"
Rear
Passenger Side
84" x 30"
173" x 43"
Driver Side
197" x 43"
New Heavy Duty Vehicle
Passenger Side
212.75"x97.5"
Driver Side
217"x97.5"
Half -Height Decals (no windows)
Passenger Side
212.75"x42.5"
Drivers Side
217"x42.5"
Appendix E: Project Cost Estimate
APPLICATION OF VEHICLE GRAPHICS
Project coordination, formatting of client -provided artwork with two proofs for client review,
final electronic art, output/assembly and application of vinyl graphics, and materials.
Original Light -Duty Bus
— Full Driver Side with Windows (202" x 72")
Account Services and Creative Services ..........................$475
Removal of Existing Graphics**........................................$300
Materials* .........................................................................
$700
Graphic Production and Application..................................$825
— Driver Side Bottom Panel, No Windows (202" x 32")
$1,450
Account Services and Creative Services ........_................$425
Removal of Existing Graphics** ...................... ..................
$300
Materials* .........................................................................
$325
Graphic Production and Application..................................$400
— Full Passenger Side with Windows (151.5" x 72")...................................................
Account Services and Creative Services ..........................$475
Removal of Existing Graphics**........................................$300
Materials* .........................................................................
$550
Graphic Production and Application..................................$650
— Passenger Side Bottom Panel, No Windows (151.5" x 32")....................................
Account Services and Creative Services ..........................$425
Removal of Existing Graphics**........................................$300
Materials* .......... ...............................................................
$250
Graphic Production and Application..................................$350
— Rear Side (76" x 70").................................................................................................
Account Services and Creative Services ..........................$475
Removal of Existing Graphics**........................................$300
Materials* .........................................................................
$ 300
Graphic Production and Application..................................$650
New Light -Duty Bus
— Full Driver Side with Windows (206" x 66").............................................................
Account Services and Creative Services ..........................$475
Removal of Existing Graphics**........................................$300
Materials* .........................................................................
$650
Graphic Production and Application ...........................
....... $825
— Driver Side Bottom Panel, No Windows (206" x 22")..............................................
Account Services and Creative Services ..........................$425
Removal of Existing Graphics**........................................$300
Materials* .........................................................................
$250
Graphic Production and Application..................................$375
$2,300
.......... $1,975
$1,325
$1,725
....................... $2,250
$1,350
Appendix E: Project Cost Estimate (continued)
— Full Passenger Side with Windows (137.5" x 66").........................................................................................
$1,875
Account Services and Creative Services ..........................$475
Removal of Existing Graphics**........................................$300
Materials* .........................................................................
$450
Graphic Production and Application ............... ...................
$650
— Passenger Side Bottom Panel, No Windows 137.5" x 22.................................................-,...........
........... $1,225
Account Services and Creative Services .... ......................
$425
Removal of Existing Graphics**........................................$300
Materials*.........................................................................
$150
Graphic Production and Application..................................$350
— Rear Side (74" x 80").......................................................................................................................................
$1,725
Account Services and Creative Services ..........................$475
Removal of Existing Graphics**........................................$300
Materials* .........................................................................
$300
Graphic Production and Application..................................$650
Original Medium -Duty Bus
— Full Driver Side with Windows (252" x 68") ...................................................................................................
$2,725
Account Services and Creative Services ..........................$475
Removal of Existing Graphics**........................................$300
Materials* .........................................................................
$850
Graphic Production and Application ................ ........
....... $1,100
— Driver Side Bottom Panel, No Windows (252" x 26")
....•.....................................................
$1,525
Account Services and Creative Services ..........................
$425
Removal of Existing Graphics**........................................$300
Materials*.........................................................................
$350
Graphic Production and Application .......... ...........
............. $450
— Full Passenger Side with Windows (191.5" x 68" )...............................................................................-
$2,525
Account Services and Creative Services ..........................$475
Removal of Existing Graphics**........................................$300
Materials* .........................................................................
$650
Graphic Production and Application...............................$1,100
— Passenger Side, Bottom Panel, No Windows (191.5 x 26").........................................................................
$1,475
Account Services and Creative Services ..........................$425
Removal of Existing Graphics**........................................$300
Materials* .........................................................................
$250
Graphic Production and Application..................................$500
— Rear Side (71 " x 79").......................................................................................................................................
$1,725
Account Services and Creative Services ..........................$475
Removal of Existing Graphics**........................................$300
Materials*.........................................................................
$300
Graphic Production and Application..................................$650
Appendix E: Project Cost Estimate (continued)
Original Heavy -Duty Bus
— Full Driver Side with Windows (197" x 98")...................................................................................................
$2,775
Account Services and Creative Services ...........
............... $475
Removal of Existing Graphics**........................................$300
Materials*.........................................................................
$950
Graphic Production and Application ...........................
.... $1,050
— Full Passenger Side with Windows (173" x 98")............................................................................................
$2,675
Account Services and Creative Services ..................
........ $475
Removal of Existing Graphics**........................................$300
Materials* .........................................................................
$ 850
Graphic Production and Application...............................$1,050
New Medium/Heavy-Duty Bus
— Full Driver Side with Windows (217" x 97.5')...................................................._,.........................................
$2,875
Account Services and Creative Services ..........................$475
Removal of Existing Graphics**........................................$300
Materials*......................................................................
$1,050
Graphic Production and Application...............................$1,050
— Full Driver Side Bottom Panel, No Windows (217" x 42.5")..........................................................................
$1,625
Account Services and Creative Services ..........................$425
Removal of Existing Graphics**........................................$300
Materials* .........................................................................
$450
Graphic Production and Application..................................$450
— Full Passenger Side with Windows and Door Frame (212.75" x 97.5").........................................................
$2,875
Account Services and Creative Services ..........................$475
Removal of Existing Graphics**........................................$300
Materials*......................................................................
$1,000
Graphic Production and Application...............................$1,100
— Passenger Side Bottom Panel, Door Frame, No Windows (212.75" x 42.5")................................................
$1,675
Account Services and Creative Services ..........................$425
Removal of Existing Graphics**........................................$300
Materials* .........................................................................
$450
Graphic Production and Application..................................$500
Appendix E: Project Cost Estimate (continued)
REMOVAL OF VEHICLE GRAPHICS
Project coordination and removal of existing vinyl graphics from one side (driver, passenger,
orrear) of a Jule bus.............................................................................................................................................. $300
NEW DESIGN TEMPLATES***
Project coordination and assessment of one Jule bus including photography, measurements,
andlayout of design templates....................................................................................................
Please Note: Client to provide high -resolution, print -ready artwork. Pricing does not include
any design, file, or photo manipulation. Pricing includes a maximum of two proofs for client
review. Additional proofs will be invoiced as client alterations at a standard hourly rate. The
bus is to be delivered to and picked up from McCullough Creative for graphics application
and/or removal. McCullough Creative is not responsible for transporting driver.
The City of Dubuque is responsible for handling all initial project coordination with the client
regarding their contract with The Jule and explanation of the process. This includes telling the
client to allow 30 days for scheduling the graphic application once final artwork is approved
and that the pricing does not include any design, file, or photo manipulation. If additional
coordination by McCullough Creative is required or requested, that time will be invoiced to
the City of Dubuque at a standard hourly rate.
*Costs of materials are subject to change.
* Additional costs for removal may incur if existing graphics were not applied by McCullough
Creative or if the existing graphics were applied prior to five years before removal.
***Assessment and new design templates required for each bus size.
Pricing is valid through October2023.
Appendix F
Insurance Requirements
Class A:
Class B:
Class C:
INSURANCE SCHEDULE F
Asbestos Removal
Fiber Optics
Sanitary Sewers
Asphalt Paving
Fire Protection
Sheet Metal
Concrete
Fireproofing
Site Utilities
Construction Managers
General Contractors
Shoring
Cranes
HVAC
Special construction
Culverts
Mechanical
Steel
Decking
Paving & Surfacing
Storm sewers
Demolition
Piles & Caissons
Structural Steel
Deconstruction
Plumbing
Trails
Earthwork
Retaining Walls
Tunneling
Electrical
Reinforcement
Water main
Elevators
Roofing
Chemical Spraying
Masonry
Tank Coating
Doors, Window &
Vehicular Snow Removal
Tree Removal
Glazing
Painting & Wall Covering
Tree Trimming
Drywall Systems
Pest Control
Tuckpointing
Fertilizer Application
Scaffolding
Waterproofing
Geotech Boring
Sidewalks
Well Drilling
Insulation
Plastering
Finish Carpentry
Rough Carpentry
Landscaping
Stump Grinding
Carpet Cleaning
Carpet & Resilient
Flooring
Caulking & Sealants
Acoustical Ceiling
Filter Cleaning
General Cleaning
Grass Cutting
Janitorial
Non Vehicular Snow &
Ice Removal
Office Furnishings
Power Washing
Tile & Terrazzo Flooring
Window Washing
INSURANCE SCHEDULE F (continued)
Contractor shall furnish a signed certificate of insurance to the department responsible for the
contract for the coverage required in Exhibit I prior to commencing work and at the end of the
project if the term of work is longer than 60 days. Contractors presenting annual certificates shall
present a certificate at the end of each project with the final billing. Each certificate shall be
prepared on the most current ACORD form approved by the Iowa Department of Insurance or an
equivalent approved by the Director of Finance and Budget or Designee. The certificate must
clearly indicate the project number, project name, or project description for which it is being
provided Eg: Project # Project name: or
Project Location at or construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each Certificate required shall be furnished to the Department of the City of Dubuque.
4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a
waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required
insurance shall be considered a material breach of this contract.
5. Contractor shall require all subcontractors and sub -subcontractors to obtain and maintain during
the performance of work insurance for the coverages described in this Insurance Schedule and
shall obtain certificates of insurance from all such subcontractors and sub -subcontractors.
Contractor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to
obtain and maintain such coverage. The City may request a copy of such certificates from the
Contractor.
6. All required endorsements to various policies shall be attached to the certificate of insurance.
7. Whenever an ISO form is referenced the current edition must be provided.
8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or
other legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are
higher than the required minimum limit, then the contractor's limits shall be this agreement's
required limits.
9. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy
premiums and other cost associated with the insurance policies required below.
10. All certificates of insurance must include agents name, phone number, and email address.
11. The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by this Schedule at any time.
12. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances during the term of the contract, subject to
mutual agreement of the parties.
A)
B)
INSURANCE SCHEDULE F (continued)
EXHIBIT I
COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $2,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG 00 01 or business owners form BP 00 02 shall be clearly identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General
Aggregate Limit" or CG 25 03 "Designated Construction Project(s) General
Aggregate Limit" as appropriate.
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement. (Sample attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10
(Ongoing operations).
6) The additional insured endorsement shall include completed operations under ISO
form CG 20 37 during the project term and for a period of two years after the
completion of the project.
7) Policy shall include Waiver of Right to Recover from Others endorsement.
WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A Statutory —State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers'
Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of
Workers' Compensation or Employers' Liability Coverage form on file with the Iowa
INSURANCE SCHEDULE F (continued)
Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22.
Completed form must be attached.
C) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business
does not own any vehicles, coverage is required on non -owned and hired vehicles.
1) Policy shall include Waiver of Right to Recover from Others endorsement.
D) UMBRELLA/EXCESS LIABILITY
The General Liability, Automobile Liability and Workers Compensation Insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of
the primary policies, it shall include the same endorsements as required of the primary
policies including Waiver of Subrogation and Primary and Non-contributory in favor of the
City.
All Class A contractors with contract values in excess of $10,000,000 must have
umbrella/excess liability coverage of $10,000,000.
All Class A and Class B contractors with contract values between $500,000 and $10,000,000
must have umbrella/excess liability coverage of $3,000,000.
All Class A and B contractors with contract values less than $500,000 must have
umbrella/excess liability coverage of $1,000,000.
All Class C contractors are not required to have umbrella/excess liability coverage.
All contractors performing earth work must have a minimum of $3,000,000 umbrella regardless
of the contract value.
E) POLLUTION LIABILITY
Coverage required: Yes X_ No
Pollution liability coverage shall be required if project involves any pollution exposure for
hazardous or contaminated materials including, but not limited to, the removal of lead,
asbestos, or PCBs. Pollution product and complete operations coverage shall also be
covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
INSURANCE SCHEDULE F (continued)
2) Include additional insured for
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10.
(Ongoing operations) or its equivalent and CG 20 37 (completed operations) or
its equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
F) RAILROAD PROTECTIVE LIABILITY
Coverage required: —Yes _X_No
Any contract for construction or demolition work on or within fifty feet (50') from the edge of
the tracks of a railroad and affecting any railroad bridge, trestle, tracks, roadbeds, tunnel,
underpass, or crossing, for which an easement, license or indemnification of the railroad is
required, shall require evidence of the following additional coverages.
Railroad Protective Liability:
$ each occurrence (per limits required by Railroad)
$ policy aggregate (per limits required by Railroad)
OR
An endorsement to the Commercial General Liability policy equal to ISO CG 24 17
(Contractual Liability -Railroads). A copy of this endorsement shall be attached to the
certificate of insurance.
Please be aware that naming the City of Dubuque as an additional insured as is required by this
Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa
Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an
equivalent form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES
ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the
purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does
not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under
Code of Iowa Section
670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only
those claims not subject to the defense of governmental immunity under the Code of Iowa Section
670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code
of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for
asserting any defense of governmental immunity and may do so at any time and shall do so upon
the timely written request of the insurer.
4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor
of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
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