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Eagle Valley, Westbrook, and English Ridge Subdivision Park Design, Development, and Construction Management Services RFP Update Copyrighted September 5, 2023 City of Dubuque Action Items # 05. City Council Meeting ITEM TITLE: Eagle Valley, Westbrook, and English Ridge Subdivision Park Design, Development, and Construction Management Services RFP Update SUM MARY: City Manager providing an update to City Council regarding the Eagle Valley, Westbrook, & English Ridge Subdivision Park Design, Development, and Construction Management Services Request for Proposal (RFP) and development process. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo RFP Supporting Documentation Dubuque THE CITY QF � All-Meriea Ciry DLT B E ; . � . � �� MaSt� Z�C� aYd t�Q Mt55ZSSZ Z zoa�•zoiz•�ai3 YP pp za��*zai� TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Eagle Valley, Westbrook, and English Ridge Subdivision Park Design, Development, and Construction Management Services RFP Update DATE: August 30, 2023 Leisure Services Manager Marie Ware is providing an update to City Council regarding the Eagle Valley, Westbrook, & English Ridge Subdivision Park Design, Development, and Construction Management Services Request for Proposal (RFP) and development process. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Marie L. Ware, Leisure Services Manager Jared Charland, Project and Facilities Manager Jenny Larson, Chief of Financial Officer Steve Fehsal, Park Division Manager Dubuque THE CITY OF � All•p�erisa Cii� D V � J� \.TLM\I�l�k IJ•YA3 � � � � �� Maste iece on the Mississi Z 2007�2012*2013 � pp zoi��zois TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Eagle Valley, Westbrook, and English Ridge Subdivision Park Design, Development, and Construction Management Services RFP Update DATE: August 29, 2023 INTRODUCTION The purpose of this memo is to provide an update related to the Eagle Valley, Westbrook, and English Ridge Subdivision Park Design, Development, and Construction Management Services Request for Proposal (RFP). BACKGROUND Leisure Services released a request for proposal early in 2024 for consultant services related to the development of three mini parks. Only one response was received. An interview was held and after consulting with City Engineer Gus Psihoyos the proposal was rejected. That proposal contained consultant services for the three mini parks as well as Jackson Park redevelopment and playgrounds at two parks. It was thought that the city's existing master services agreement could be used, however after further investigation due to the American Rescue Plan Act (ARPA) that is funding the development of the three mini parks, a new RFP needed to be drafted and issued. It was also determined that it would be best to do an RFP separately for the three mini parks. The other projects of Jackson Park and the playgrounds will be issued as two other separated RFP's. DISCUSSION Jared Charland, Leisure Services Project and Facilities Manager, Steve Fehsal, Park Division Manager, and I have prepared a new RFP for consultant services for the three mini parks which includes all necessary ARPA requirements working with the assistance of Purchasing and Risk Coordinator Tony Breitbach. It was released on August 29, 2023. The scope of the RFP includes the design, development, and construction management of Eagle Valley Park and parks in the English Ridge 1 subdivision and Westbrook Estates subdivision. Eagle Valley Park and English Ridge subdivision Park are all 2022-2024 City Council Goals listed as major projects. The consultant selection committee is Jared Charland, Leisure Services Project and Facilities Manager; Steve Fehsal, Park Division Manager; Travis Schrobilgen, Assistant Planner; Anderson Sainci, Director of the Office of Shared Prosperity and Neighborhood Support; and myself. Schedule August 29, 2023 - Release RFP September 18, 2023 - RFP Due September 29, 2023 - Consultant Selection (estimated timeframe) BUDGET IMPACT The total project budget for all consultant services, construction, and project costs is $705,730. $277,730 (Eagle Valley— Project # 3043000027) - ARPA $214,000 (Westbrook - Project# 3043000028) - ARPA $214,000 (English Ridge — Project# 3043000029) - APRA ACTION REQUESTED I respectfully provide this update to you and the City Council regarding the Eagle Valley, Westbrook, & English Ridge Subdivision Park Design, Development, and Construction Management Services Request for Proposal (RFP) and development process. Prepared by Jared Charland, Project and Facilities Manager cc: Jenny Larson, Chief of Financial Officer Steve Fehsal, Park Division Manager 2 THE CI�`Y QF �� c�s�erpie�� an ��e �i�s�ssi�pi Consultant Professional Services Request for Proposal Eagle Valley, Westbrook, & English Ridge Subdivision Park Design, Development, and Construction Management Services City of Dubuque, lowa Issue Date: August 29, 2023 Closing Date and Time: September 18, 2023, 1 :00 p.m. CT Leisure Services Department 1157 Central Avenue Dubuque, lowa 52001-5016 1.0 INTRODUCTION The City of Dubuque, lowa is soliciting competitive sealed proposals from qualified professional consulting firms to perform design and construction management services for 3 mini parks located in Eagle Valley subdivision, Westbrook subdivision, and English Ridge subdivision. The three mini parks primarily serve their respective neighborhoods; however, they are an active part of the park system. The project development for each component described will take the concept to final plan and bid specifications. A qualified consultant will design preliminary and final plans for the entire development of the parks listed. All projects in this RFP are funded by the American Rescue Plan Act (ARPA) and must be perFormed in accordance with all rules and regulations related to ARPA. 2.0 COMMUNITY BACKGROUND The city of Dubuque is located on the Mississippi River in northeastern lowa, adjacent to Illinois and Wisconsin. As lowa's oldest city, Dubuque is a community well known for its historic and architectural beauty. The city is over 30 square miles in area, with a population of nearly 60,000. 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. The City of Dubuque is governed by an elected Mayor and City Council and managed by a City Manager. The City funds a full range of municipal services. City government works in collaboration with the private and non-profit sectors to promote economic development and sustainability. Sustainability and downtown, neighborhood, and riverfront planning and revitalization are long-standing priorities of the City Council. The City's website is www.citvofdubuque.orq. The City Council goals and priorities are available online at www.cityofdubuque.orq/72/Goals-Priorities. In 2006 and every year since, the Mayor and City Council identified becoming a more Sustainable City as one of their goals or priorities for our community. A sustainable environment is among the Council's Five-Year Goals for the years 2022-2027. Find out more at the www.sustainabledubuque.org website. The City of Dubuque works to create a more inclusive community by assuring everyone has equitable access to community services. Dubuque is focused on becoming an equitable community of choice. The four pillars of resiliency, sustainability, equity, and compassion through planning, partnership, and people. This project will support the city staff, elected officials, community organizations, and members of the public in reducing, and ultimately eliminating, disparities experienced by our most marginalized residents, allowing them to prosper. These projects should strive to provide a better and more equitable experience for the entire community. Page 2 of 40 3.0 PROJECT OBJECTIVES AND BACKGROUND The selected consultant will administer the project from concept to construction management, construction inspection, and survey. The selected consultant will be expected to complete the contracted scope of work to meet the specified timeframe for the design and provide the professional services necessary for the project to proceed through award of contract, construction, and project closeout. 3.1 — Eagle Valley, Westbrook Subdivision, and English Ridge Subdivision Parks 3.1.1 Below are the goals for the development of Eagle Valley, Westbrook Subdivision, and English Ridge Subdivision Parks: � Complement the neighborhood in which each park resides. • Create a space designed as an urban park within each neighborhood. • Accessibility (ADA compliance). • Sustainability and equity built in throughout the development. • Design the park layouts and features utilizing input from the respective local communities. 3.1.2 These parks will be developed as mini parks. Eagle Valley is the official name of the park, while English Ridge and Westbrook will be referred to by the neighborhoods in which they reside until an official name is chosen. Mini park improvements typically include, but are not limited to, playground equipment, a seating and gathering area, trees, and native landscaping as well as sidewalks, lighting, and drinking fountains. In 2012, The department hired a consultant that began the design and input phase for Eagle Valley & Westbrook. The construction funding was then cut from the city budget. The concepts and GIS images in Appendix E of this RFP are to be used as reference material and understanding of past activities. All parks and projects will be constructed to provide ADA accessibility meeting today's standards. Public engagement will be required through the planning and design process. 3.2 — Project Administration 3.2.1 The selected consultant will administer the project from beginning to end including community engagement, design, concept and master planning, construction testing, construction management, and construction survey. The consultant will also be responsible for all aspects of project administration, monitoring, and reporting. Bid documents will be developed and the consultant will oversee the bidding process. Consultant will manage the construction contract(s) and perform inspection services. Survey services would be performed as needed and be included in the proposal price. 3.2.2 It is anticipated that all projects contained within this RFP will be completed by July 01, 2024, if not before, following the signing of a professional services agreement. Concern/issues meeting this schedule should be noted in the proposal. The construction of park development projects will begin as soon as possible, but no later than early spring of 2024, with all design and bidding done prior. The selected Page 3 of 40 Consultant will be expected to complete the contracted scope of work within the specified timeframe, under the general direction and coordination of the City's Leisure Services Department as authorized by the Dubuque City Council. 3.3 — Project Budget The total budget for all consultant services, construction, and project costs is $677,500. Project Budget Project Number Funding Source Ea le Valle $266,620 3043000027 ARPA Westbrook $205,440 3043000028 ARPA English Ridge $205,440 3043000029 ARPA If there are concerns about the total budget, they should be noted in the proposal. Location of Projects: Eagle Valley Park: 2095 Harpy Eagle Court in Dubuque, lowa. Westbrook subdivision park: 7601 North Westbrook Drive in Dubuque, lowa. English Ridge subdivision park: 253 Stone Valley Drive in Dubuque, lowa. 4.0 PROJECT SCOPE OF SERVICES In preparing a response to this RFP, the Consultant should describe the means or strategy by which they would satisfy the scope of services. The final scope of work will be negotiated with the selected Consultant. The City will evaluate submitted proposals and award the contract to the selected consultant based on the best proposed solution to each individual section listed below. The following outline represents the minimum components for perForming the design services. For the design of this project, the City of Dubuque encourages the use of sustainable principles in design and construction. 4.1 — Project Management & Accounting 4.1.1 The Consultant shall identify one person to serve as the Project Manager for this project. The Project Manager shall be the leader of this effort and is expected to ensure that the project scope, schedule, and budget are always being adhered to for the duration of the project. Additionally, the Project Manager shall serve as the primary point of contact for all exchanges of information between the City and the Consultant. 4.1.2 Meet with City representatives to review the concept and final plans for all proposed improvements. 4.2 — Project Manager Deliverables 4.2.1 Submit an updated electronic copy of the project schedule on the first Tuesday of each month. Page 4 of 40 4.2.2 Submit the project progress report on the first and third Tuesday of each month. The summary shall be submitted electronically and be less than a single page in length. 4.2.3 Make the modifications requested; deliver preliminary design to City for distribution to other interested parties on the project. 4.2.4 Present all projects to the City Design Review Team and the Dubuque Park and Recreation Commission for review and comment with final approval by the City Council. 4.2.5 Create base drawings of each park from City provided topographic survey data. If there is a concern for using city provided surveys in the bid preparation, include the initial survey as part of the proposal. 4.2.6 Prepare 50%, 90%, & 100% plans of the proposed park developments. 4.2.7 Acquire all permits and approvals required for each project. 4.2.8 Develop a construction cost estimate broken down by each park and the total. The RFP evaluation will focus on the cost of the project as a whole. 4.3 — Preliminary Design of Improvements for Eagle Valley, Westbrook Subdivision, and English Ridge Subdivision Mini Parks 4.3.1 Develop a preliminary design of each park based upon city staff and community input. 4.3.2 Meet with City representatives to review the plan for the proposed improvements. 4.3.3 Develop a construction cost estimate for the improvements. 4.3.4 Contractors should base their play system equipment designs on meeting all accessibility and safety standards, as well as the guidelines and specifications listed in this proposal. Quality of equipment components, quality of design, play value, cost and appropriateness to location and target demographic must be taken into consideration in the design of the play system. All play system elements must meet and/or exceed all federal, CPSC, ASTM and IPEMA guidelines. Play system will have a poured in place surfacing as the surfacing in the proposal. The surface must meet critical fall heights per ASTM. The sub-base material will be concrete and drainage detail shall be included in the proposal. An appropriate 8-inch concrete border will be supplied where needed and detail shall be included in the proposal. Page 5 of 40 Ensure the structure is designed for ages 2 to 12 years. All play system elements must demonstrate the highest level of durability in materials and finishes selected in consideration of child health and safety. "Green" construction practices and materials are highly desired. Provide LEED or other green certification with the proposal. Structures should provide a variety of built-in activity panels and climbers. Plastic, vinyl, or poly parts are to be UV-stabilized with color molded in. 4.4 — Public Engagement 4.4.1 Develop and implement a public engagement process for each of the 3 respective projects. The neighborhoods, as well as the community, shall be invited to share input on the preliminary design for their area. 4.4.2 Meet with City staff on input received. 4.5 — Final Design of all Park Construction and Improvements 4.5.1 Complete the final bidding documents including 11x17" plans, construction specifications, and cost estimates. 4.5.2 Coordinate with any utilities involved on the projects. 4.5.3 Plans shall be constructed using Statewide Urban Design Standards and plan format (SUDAS 2023). 4.5.4 Deliver plans and specifications to City Leisure Services Department for distribution to bidders. 4.5.5 Be present at the bid letting. Develop the bid tabulation form and provide a recommendation on the award of the project. 4.6 — Perform Construction Management 4.6.1 Lead the pre-construction meeting with the contractor and city staff. Take minutes of all construction meetings and disburse the minutes to all appropriate parties. 4.6.2 If needed, review all shop drawings required of the contractor. Stamp and approve shop drawings. 4.6.3 Answer questions from the contractor during construction. Make site visits during construction. Assume up to 3 site visits per park. Page 6 of 40 4.6.4 Process all payment requests for the project. Maintain the budget for the project. Provide bi-weekly budget status updates to City of Dubuque Leisure Services. 4.6.5 Administer any change orders that may come up in the project. All change orders need the approval of City of Dubuque Leisure Services prior to executing the change order. 4.6.6 Mark-up an as-built plan of the project at the conclusion of construction. 4.6.7 Maintain all records for the project. Provide a copy of all records to the Leisure Services Department at project completion. 4.7 — Perform Construction Inspection 4.7.1 All construction inspections will be performed for the projects. This includes gradation testing, concrete testing, roll testing of the sub-grade, casting beams or cylinders, breaking beams or cylinders, maintaining a daily inspector diary, etc. if needed. 4.7.2 Supply all records to the City upon completion of the project. 4.8 — Perform Construction Services 4.8.1 PerForm construction services for all the projects including, but not limited to, survey, staking, and inspection. 4.9 — Project Coordination 4.9.1 Coordination with City Staff: The consultant will participate in multiple coordination meetings with the City of Dubuque to review preliminary plans and final plans. The consultant should plan on a minimum of two (2) meetings for preliminary design and two (2) meetings for final design for each project. Virtual meetings are acceptable. 4.10 — Schedule 4.10.1 It is the intent of the City that all aspects of the project shall be completed by July 01, 2024, if not before. 5.0 USE OF CITY RESOURCES 5.1 — Use of City Resources for the RFP Preparation All information requests shall be directed to the City's Project Manager as detailed in Section 7.0 of this request for proposal. All Consultants should note that directly contacting other City of Dubuque staff or any of the Selection Committee members shall be considered inappropriate and grounds for disqualification. 5.2 — Materials Available for RFP A current aerial photograph of the City of Dubuque is available if requested by the consultant. The current aerial for each project is shown in Appendix E. (Digital aerial photos of the City of Dubuque were taken in 2022). Page 7 of 40 5.3 — City Resources Available to the Selected Consultant The City will make its ArcView GIS mapping and data analysis capabilities available for this project as well as staff contact/resources persons in the Leisure Services Department. 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 file labeled "Project Cost Estimate". The Proposal should be prepared simply and economically, providing a straight-forward, concise description of the Consultant's capabilities to satisfy the requirements of the RFP. 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 Consultant's understanding of the work and list the Project Manager's the name, address, telephone 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 Provide general information about the Firm, along with its area of expertise and experience as it relates to this RFP and perForming services utilizing American Rescue Plan Act funding. Describe the experience and success of the Firm in performing similar projects. State the size of the Firm, the size of the Firm's professional staff, and the location of the office from where the work on this project will be performed. Discuss the Consultant's ability to integrate this project into their present workload. Include a statement to specify if the Consultant currently has the capacity to undertake the project or whether it intends to hire additional staff or partner with subconsultants. Scope of Services Describe the means, methodology and/or strategy by which the Consultant would satisfy the scope of services for the currently approved budget as listed in Section 3.5 as well as what process and outcomes the consultant would suggest to make the project successful. Include a basic work plan for each strategy that delineates the Consultant's approach to the completion of the project. The work plan, at a minimum, should include those components outlined in Section 4.0 of this RFP. The Consultant should indicate in the work plan those aspects that might be completed by City staff. Highlight any parts of the work plan that will reflect the ConsultanYs unique philosophy, work experience, or insight regarding its approach to this project and how this approach positively Page 8 of 40 impacts the successful completion of the project. This is the Consultant's opportunity to convey ideas and concepts with respect to the goals outlined in the scope of services. Project Team Qualifications Provide the names of all members of the project team associated with this project. Specifically identify the supervisory and management staff including principals, the project manager, and technical experts who would be assigned to this project. For each project team member, provide their qualifications and experience. Include any training and relevant continuing and professional education. Include a flow chart that shows the communication path between the City and Consultant. Include all project team members on the flow chart and show the supervisory relationship between all members of the team. Be sure to include all subconsultants staff on the project team flow chart. Provide the name and location of other sub consulting firms that would be used by the Consultant during the project and the approximate percentage of the work that would be performed by each of these firms. Provide the qualifications and experience of all subconsultant staff working on the project. In submitting the Proposal, the prospective Consultant represents that each person listed or referenced in the proposal shall be available to perform the services as described. The Project Manager, principals, management, and other project team staff may be changed in accordance with the requirements described in Appendix C 3 "Substitution of Project Team Members". Describe the experience and success of the project team members proposed for the Dubuque project, in performing similar projects. Specifically list any experience and success completing park and playground design for municipalities like Dubuque. Include at least 3 client references (including individual contact names and telephone numbers) for similar projects that have been completed by the Firm in the last five (5) years. List the names of individuals on the project team proposed for the Dubuque project who have worked on the referenced projects. Understanding of Final Contract Terms The Proposer should provide a statement that indicates they have read and understand Appendix C — "City of Dubuque Contract Terms and Conditions" and agree to include the clauses that are listed in Appendix C in the final signed contract. Any exceptions to the Contract Terms and Conditions by the Consultant must be clearly stated in the submitted Proposal. Certificate of Insurance The Consultant should provide a statement indicating the ability to meet the City's insurance requirements for professional services. (See attached Insurance Schedule J — Appendix D.) Submittal of insurance documents as part of this RFP is not required. Page 9 of 40 Litigation Provide litigation information, if applicable. Proposed Proiect Schedule Provide a project schedule for the project. Outline the time durations and estimated completion dates for each major component of the proposed scope of work. The schedule should list all deliverables that are required throughout the project. Products should be delivered in an electronic format compatible with city computer software and hardware. Fees and Compensation —TO BE IN A LABLED SEPARATE FILE SUBMISSION Provide a proposed fixed cost, plus reimbursable expenses budget for each strategy proposed to complete the requested scope of services. Breakdown costs by major scope element and include a list of hourly rates for personnel assigned to the project. Contract A proposed contract for services must be included in the submittal. The proposed contract is not included in the page count for the proposed submission. Quotation of fees and compensation shall remain firm for a period of at least 90 days from the RFP submission deadline. Ensure the separation of the proposed budget from the other portion of the RFP submittal. Initial screening will be done without knowing the Consultant's proposed fee for services. 7.0 PROPOSAL QUESTIONS AND ANSWERS If you have any questions concerning this proposal, or other technical questions, please submit an email with your requests to the City's designated Project Manager. 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 or email) as an officially numbered and titled addendum to the RFP by the City of Dubuque. Any questions concerning this proposal must be received on or before 1:00 p.m. CT on September 13, 2023. Any Addendum will be released through the city's bidding system where this RFP was released. All inquiries received after this date will not be answered. When submitting a question to the Project Manager, please include the appropriate Consultant contact information. All questions must be sent in an email and include 3 Mini- Park Development in the subject line. 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 or any of the Selection Committee members except as expressly authorized by the City Project Manager identified in this section (Section Page 10 of 40 7.0). Violation of this restriction will be considered a violation of the rules and be grounds for disqualification of the Consultant's proposal. Project Manager contact information is as follows: Jared Charland, Project & Facilities Manager City of Dubuque Leisure Services Department Phone: 563-690-6135 2200 Bunker Hill Road E-mail: jcharlan@cityofdubuque.org Dubuque, IA 52001-3010 8.0 SUBMISSION REQUIREMENTS Before submitting a proposal, each Consultant 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 ■ Questions Submittal Deadline: September 13, 2023, before 1:00 pm. CT ■ Proposal Submittal Deadline: September 18, 2023, before 1:00 p.m. CT ■ Digital Submittal Location: https://cityofdubuque.sharefile.com/r-r135e3ae418ee459d8d012b131 b2bb5cd ■ Submittal Copies: Proposal: One (1) electronic (.pdf) copy Fees: One (1) electronic (.pdf) copy The proposal and fees must be submitted in separate submission documents and clearly marked as "Proposal" and "Fees". Submit one (1) signed electronic .pdf version of the proposal to the digital submittal location Sharefile address listed above labeled Eagle Valley, Westbrook, & English Ridge Subdivision Park Design, Development, and Construction Management Services proposal and one (1) signed electronic .pdf version of the fees labeled Eagle Valley, Westbrook, & English Ridge Subdivision Park Design, Development, and Construction Management Services Fees. The proposal must be a document of not more than twenty (20) numbered 8-1/2 x 11-inch pages, except for the project schedule which may be presented in 11 x 17-inch format, and not including the letter of transmittal, the front and back covers and the separately submitted cost proposals, or the proposed contract. Proposals should not include any pre-printed or promotional materials. Any proposals exceeding 20 numbered pages will not be considered. Each addendum must be acknowledged in the Letter of Transmittal by providing the addendum number, title, and date. Failure to acknowledge each addendum will be Page 11 of 40 considered grounds for possible disqualification. It is solely the Consultant's responsibility to ensure that you have received all addendums to this RFP before submitting the proposal. The original proposal document shall be signed by an officer of the Firm who is authorized to legally bind the Proposer to its provisions. Proposals are to contain a statement indicating the period during which the proposal will remain valid. A period of not less than ninety (90) calendar days from the proposal closing date is required. Failure to comply with the above requirements shall be considered grounds for possible disqualification. Each Consultant 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 Consultant 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. The City of Dubuque appreciates your time and consideration of this RFP. Sincerely, G�� L''�L�� Jared Charland Project and Facilities Manager City of Dubuque Page 12 of 40 Eagle Valley, Westbrook, & .�.HE�I,�,Y oF English Ridge Subdivision Park Design, Development, and DUB E Construction Management Services Masterpiece on the Mississippi City of Dubuque, lowa Consultant Professional Services Request for Proposal August 29, 2023 Appendix A Consultant Evaluation and Selection Process Page 13 of 40 INITIAL EVALUATION CRITERIA Proposals will be screened to ensure that they meet the minimum requirements of the proposal format. A selection committee will review qualifying proposals and select Firms for placement on the consultant short-list for the project. The following criteria are among those that will be used to initially evaluate submitted proposals. 1. A high level of professional competence and a proven track record in the preparation of park and playground design improvement plans or similar: a. Qualifications and experience of the Consultant and any subconsultants. b. Demonstration of the professional expertise and technical abilities of the project team members. c. If a joint venture with subconsultants, the track records of the Firms experience working together. d. Experience of Consultant working on municipal park projects in lowa. e. Experience of the project team working with the public and other project stakeholders in preparing plans for park facilities & amenities. f. Experience with American Rescue Plan Act funded projects. g. Overall success of past projects completed for the City of Dubuque. h. Proven track record in a park development through construction. i. Experience of project team in working with the public and other stakeholders in preparing plans for park facilities and playgrounds. 2. Quality and completeness of the written proposal. The proposal should clearly demonstrate understanding of the City's overall objectives. 3. 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 Consultant to demonstrate initiative, motivation, and knowledge of the City of Dubuque. d. Experience in community engagement processes especially with marginalized populations. 4. Proposed schedule required to complete project. CONSULTANT SHORT-LIST EVALUATION CRITERIA A selection committee may choose to interview none, one, or all the short-listed Consultants. Both the original submitted proposal and the results of the Consultant interview if needed will be used to select the final Consultant for the project. The following criteria are among those that will be used to evaluate the Consultants on the shortlist. 1. A high level of professional competence and a proven track record in the preparation of park and playground improvement plans or similar: a. Qualifications and experience of the Consultant and any sub-consultants. b. Demonstration of the professional expertise and technical abilities of the project team members. Page 14 of 40 c. If a joint venture with subconsultants, the track records of the Firms experience working together. d. Experience of Consultant working on municipal projects in lowa. e. Experience of the project team working with the public and other project stakeholders in preparing plans for park facilities. f. Overall success of past projects completed for the City of Dubuque. g. Experience and familiarity with ARPA funded municipal projects. 2. Quality and completeness of the written proposal. The proposal should clearly demonstrate understanding of the City's overall objectives in the completion of all services required within this RFP. 3. 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 Consultant team to demonstrate initiative, motivation, and knowledge of the City of Dubuque. 4. Experience with developing and implementing community engagement process. 5. Proposed schedule required to complete all projects. 6. Cost of the Eagle Valley, Westbrook, & English Ridge Subdivision Park Design, Development, and Construction Management Services for the City of Dubuque in relationship to the services offered. 7. Results of interview process (if interview(s) are conducted) 8. Information from References A. Responsiveness and compatibility between the Consultant and City: a. General attitude and ability to communicate. b. Ability of the Consultant to maintain a high level of direct interaction and communication with City staff. c. Ability to listen, be flexible, and follow and/or implement direction and/or ideas or concepts. d. How the Consultant team interacts with the general public, City staff, and public officials. SELECTED CONSULTANT - FEE NEGOTIATION PROCESS Upon the completion of the evaluation of the proposals, the RFP Selection Committee will recommend to the City Manager or City Council the awarding of a contract to the highest ranked Consultant. The Selection Committee will also request authority to negotiate with the recommended Consultant a final scope of work and fee structure for the project. After authority is granted to negotiate an agreement and execute a contract with a Consultant, the Consultant shall prepare an industry standard Work Breakdown Structure Page 15 of 40 (WBS) to reflect the Firm's approach to the completion of the project. The WBS, at a minimum, should include work tasks for each of the components outlined in the RFP, a separate line item for each deliverable, and list project management as a separate task. No individual task on the WBS shall have a total value exceeding $10,000. The Consultant shall indicate in the WBS the work tasks that will be completed by City staff. The format of the WBS shall summarize the fixed fee for each task listed, plus individually list in separate section any associated reimbursable expenses that would specifically relate to this project. A sample format of a WBS can be obtained from the City if desired. Once the selected Consultant has prepared the WBS, the City and the Consultant will meet and the final scope of work for the project will be negotiated by joint revision to the WBS in order to best meet the goals of the project while considering available funding. During the negotiation process, tasks to be completed by City staff, work reassignment to different project team members, and the addition or elimination of tasks may be modified on the WBS to achieve the best overall results for project. The selected Consultant shall be responsible for updating the WBS to reflect any changes that were agreed to during negotiations. After the final scope of services has been determined, a design fee has been negotiated, and the WBS has been finalized, the Consultant shall incorporate the WBS into the contract documents being prepared for signature. If a contract satisfactory and advantageous to the City can be negotiated at a price considered fair and reasonable, the award shall be made to that offerer. Otherwise, negotiations with the offerer ranked first shall be formally terminated and negotiations commenced with the Consultant ranked second, and so on until a contract can be negotiated that is acceptable to the City. Upon the successful completion of contract negotiations, the selection committee shall recommend that the City Manager execute a contract with the successful Consultant. The City Manager will decide to execute the contract or request the Dubuque City Council make a final determination to award and execute the contract with a consultant. Payment for Work: The Consultant awarded the contract shall be paid once a month. The invoiced amount shall be based on the Earned Value of the percent work completed as reported on the most recently updated and submitted WBS. Page 16 of 40 Eagle Valley, Westbrook, & THE CITY OF English Ridge Subdivision Park Design, Development, and DUB E Construction Management Services Maste�ie�e on the Mzsszsszpp� City of Dubuque, lowa Consultant Professional Services Request for Proposal August 29, 2023 Appendix B RFP Rules and Protest Procedure RFP RULES AND PROTEST PROCEDURE 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 Consultants an advantage or benefit not enjoyed by other prospective Consultants. 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. DEFINITIONS 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. DISPUTES/EXCEPTIONS Any prospective Proposer who disputes the reasonableness or appropriateness of any item within this RFP document, any addendum to this RFP document, notice of award or notice of rejection shall set forth the specific reason and facts concerning the dispute, in writing, within five (5) business days of the receipt of the proposal document or notification from the City. The written dispute shall be sent via certified mail or delivered in person to the point of contact set forth in Section 7.0, who shall review the written dispute and work with the City Manager to render a decision which shall be considered final. Page 18 of 40 Eagle Valley, Westbrook, & THE�I,�.Y oF English Ridge Subdivision Park Design, Development, and DUB E Construction Management Services Masterpiece on the Mzssissippi City of Dubuque, lowa Consultant Professional Services Request for Proposal August 29, 2023 Appendix C City of Dubuque Contract Terms and Conditions Page 19 of 40 CITY OF DUBUQUE CONTRACT TERMS AND CONDITIONS The following clauses shall be included in the final signed contract: 1. CONSULTANT'S ENDORSEMENT ON PLANS. The Consultant shall endorse the completed computations prepared under this Agreement and shall affix thereto the seal of a licensed professional engineer, or licensed professional architect, licensed to practice in the State of lowa, in accordance with the current Code of lowa. 2. CHANGE IN SCOPE OF SERVICES. No change in scope shall be permitted during this project without the prior written agreement of both parties and the WBS being updated. 3. SUBSTITUTION OF PROJECT TEAM MEMBERS. The Project Manager, partners, management, other supervisory staff and technical specialists proposed for the project may be changed if those personnel leave the Consultant. These personnel may also be changed for other reasons however, in either case, the City retains the right to approve or reject the replacements and no replacements shall begin working on the project without the express, prior written permission of the City of Dubuque. 4. INSURANCE. Consultant shall always, during the perFormance of this Agreement, provide insurance as required by the attached Insurance Schedule. 5. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the City 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 (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Consultant, Consultant's subcontractor, or anyone directly or indirectly employed by Consultant or Consultant subcontractor or anyone for whose acts Consultant or Consultant's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 6. ERRORS & OMISSIONS. If the work product prepared by the Consultant is found to be in error and revision or reworking the work product is necessary, the Consultant agrees that it shall do such revisions without expense to the City, even though final payment may have been received. The Consulfanf must give immediate attention to these changes so there will be a minimum of delay during construction. The above and foregoing is not to be constructed as a limitation of the City's right to seek recovery of damages for negligence on the part of the Consultant herein. Page 20 of 40 7. OWNERSHIP OF ENGINEERING DOCUMENTS. All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the City and shall be delivered to the Project Manager upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitations on their future use by the City, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant for the specific purpose intended will be the City's sole risk and without liability or legal exposure to the Consultant. The City acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the City upon completion of the services and payment in full of all moneys due to the Consultant. The City and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Attachment of the contract. Any change to these specifications by either the City or the Consultant is subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD software specifications shall be compensated for as Additional Services. The City is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. The City may reuse or make modifications to the plans and specifications, or electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the plans and specifications. 8. SUBLETTING, ASSIGNMENT OR TRANSFER. Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is prohibited unless written consent is obtained from the Engineer and approved by the City. Page 21 of 40 Eagle Valley, Westbrook, & THE CITY OF English Ridge Subdivision Park Design, Development, and DUB E Construction Management Services Maste�ie�e on the Mzsszsszpp� City of Dubuque, lowa Consultant Professional Services Request for Proposal August 29, 2023 Appendix D Insurance Requirements Page 22 of 40 Ciky�f Gubuqu�Ir�s�r�n��R�quir�ments f�r Pr�f�s�i�r��l�erwi�e� IN�IlRAN�E S�HEDULE J Consultant 1. _ _ shall iurnish a signed cerk�ficake of insurance ko ihe�ity of Dubuque, lowa for the coverag�re�quired in Exhibit I �rior i�oommencing wark and al ihe end of ihe prajecl if Ih� terrn of work is Ion�er than 6�days_ Contra�lors pr�s�en4n� annual cerlificat�s shall �resent a cerlrfi+�ate ai the en�J vf�ach prajecl wilh the final billing. Each oertific.ale shall b�prepared on the rnoslcurrent,4�OR�forrn approved by the lowa �epartm�nlaf Insuran�e ar an equiwalenl apprav�d by ihe Dire�tar of Finance and Budgei. Each�ertificale shall include a sCaC�m�nl under Descrip4an af Qp�raiions as la why Ihe c�rCificaie was issued. Eg: Projec�t# or Proj�ct Lac.aUan at or constructian of �. All policies af insurance requir�d hereun�er shall b�with an insurer aulhari�ed la do business in lowa and all insurers shall hav�a rating of A ar betler in the�urrenl A_M_ Best's Ra4ng Guide. �. Each oertificate shall be fumished la the Finan�e Departmenl flf Ihe�ity of Dubuque_ �. Failure tia provide covera�e required by this Insuran�e Schedul�shall n�at be�e�med a waiaer of thes� r�quirements by ihe�ity of Dubuqu�. Failure to obtain or rnainlain the required insurance shall be�onsidered a rnaterial br�ach vf ihis agreernent_ �_ �anUaclors shall require all subcansultanis and sub�subeansultants ta ablain and rnainlain�uring the p�rfvrman�e of wark insuranee f�r the oawerages described in this Insuranoe �ch�dule and shall obtain cerUficat�s af insuran�es fram all such subconsullants and sub-suboansullanls. �antraclars a�ree that Ihey shall be liabl�for the failure of a subcvnwllant and sub- suboonsulls�nt ta vbiain and maintain such�owera�es. The�ily rnay request a copy af su�h cerl�fir_ates frorn lhe�vntractor. 6_ All required endors�menls shall be altachad ta Ihe cerUficate. The eerUficat�is du� b�fore Ihe contra�tlagreern�ni can be approv�d. 7_ Whenev�r a spe�ific I�O farm is listed, r�quired Ih�curr�nt ediUan of Ih�forrn musl be used. ar an equiwalent forrn may be subsiituted d approwed by lhe�irect�r�f Finance and Bud�el and subjecl ta Ih�caniractar id�niifying and listing in wriiing all deviaUans and exclusians fram Ihe IS�D forrn. �_ �anUa�lors shall be r�qwred ta�arry Ih�rninirnum coverage�lirnits,ar greater if required by law or olher I�gal agreement, in Exhibil I. If the contractvr's IirniLs�f liability ar�higher than the required minimum lirnits then Ihe prowid�r's limits shall bethis agreemenCs reqwred hrnits. 9_ �anlra�lor shall be respansible far de�du�hbles and self•insured relentifln for payrnent of all palicy premiurns an�aiher cosl assocaaied with Ih�insuranoe policaes required belaw. 1�. All oertificates of insurance musl include a�ents narne, phone number. an�email address. 1 1. The�ity of Dubuque reserv�s Ihe righl Ca require�amplete, cerCified copi�s af all reqwred insurance poli�i�s. including �ndarsements, required by this�che�dule at any tim�. 1�. The�iiy of�ubuque reserv�s Ih�ri�hl ta rnadif+�th�se requirernents. including limils, based an chan€�es in ihe risk or oiher sp�cial circumstan�es dunn� the t�rrn of the agreement,subject la muCual agreemenC of Ch� parl�es. Page 23 of 40 Ciky of Dubuque Ins�rance R�quirementa for Pr�fessional�ervices IN�URAN�E S�HEDULE J (continu�d� ��r�� ,A� �OMMERCIAL CENERJ4L LI,ABILITY ��n�ral Aggregale Limik ��,��O,QQd Producis-Cornpleled OperaCions Aggregate Limil �1,��O,OQO Persvnal and A,dverCising Injur�Limd �1,��O.QQO Each Occurr�nce �1,��O.�Q� Fire Damage Limit(any one a�o�umenoe) �550,�Q0 Medical Paym�nls $�.QQO 1� Covera�e shall be vtmlt�n on an oocurrenoe, not�lairns made, forrn_ The general hability cov�rage shall be wnit�n in aoa�rd with I��forrn��01 ar business awners farm BP OQ Q2.All deviations fram th�standard ISO oammer�ial general hability forrn��0 01. or busin�ss vwners forrn BP QO�2,shall be elearly identified. �� Includ�endorsern�nt indi+�ating Ihal cov�ra�e is primary and non-�ontribuCor�_ �� Includ� Presenrati�n of�avernmental IrnrnuniU�s Endorsemenl. (�ample attached}_ �� Includ�additional insured en�orsemenlf�r: The Cily of�ubu�ue. includin�all its elecCed and appoini�d officials, all ils empl�yees and aalunle�rs. all its boards. cammissi�ans andlor aulhorities and their baard mernbers, employe,es and valunte,ers. Use I�O farm �G��. �� Palicy shall include Waiwer of Righl lo Re�aawer fram Olhers endars�ement_ 6� Pfllicy shall include can�ellation an� matenal chan�e en�ors�menl providing thirty(�)days advanc�wriClen nolice of cancellaCi�n, non-renevwal. reducCion in insurance caverage and�ar limils and len{10}days vwnit�n natioe of n�n-�aymenl af pr�miu m shall be senl ta: Cdy of�ubu�ue Finan��epartment, 5Q W�st 1�"' �Creet�ubu�ue. lo�ra 52�01_ B} ,AUTOM�BILE LIJtBILITY �ombin�d S�n+�l�Limii �1,��O.QQO �overage shall in�lude all own�d. nan�wn�d,and hired vehi�l�s. If the Cantra�tar's busin�ss daes nol own any vehi�les,oawera��is reqwre�d an nan-owned and hire� weh icles. 1� Policy shall include Waiver of Ri�hl lo Reoower from Olhers endars�ment_ �� YtilORM4ER�° C�MPEN�ATION�EMIPL�YEk�LII�BILITY �tatutory Ben�fiCs coverin�all�mpl�yees injured on Ihe job by accident or d�ase as pres�cribe� b+y lawa Cvde Chapter�5_ �overage A �tatutary—�lale of lowa �rnrerage B Employers Liability Ea�h A�ident �10Q.Q�d� Ea�h Empl�yee-�isease �1�Q.Qd� pali�y Limit•Dis�ase �S�Q.O�d� Policy shall in�lude Waiwer of Ri�hl ta Recover frorn Others end�rsern�nt_ Page 24 of 40 City �f Dul�uqu� Ir�surar��R�quir�mer�ts f�r�r�f�s�i�r��l�ervi�e� �rnr�rag� B limils shall be�reat�r if reqwr�d by th� umbrella�ex�ess insur�r. �� If, by lawa�vde Seclion �5.11� Ih��nlraclor is naC require�d C�purchase Vti+arkers' ��mpensation Insurance, the �ontra�tar shall ha�e a cap}�Qf ihe �tate's Non�lecti�n ot til�l�rkers' �'.�omp�nsalion ar Ernploy�rs' Liability�'.�orrera�e f�rm an file with U�e lowa til�l�rkers' �omp�nsalion Insuran�e �ommissi�ner. as require�d by lawa�ode Seetion $7_72. �ampleted forrn musl be alta�hed. D} UMBRELLAIE7(CE��LIABILITY 51,��O.QO� The G�n�ral Liability,�ulornvbil� Liability and V�larkers�ompensation Insuranc� requirem�nls may be satisfied with a�ombina4�n�f�rimary and LJmbrella or Excess Liabildy Insuranoe. If th� IJmbr�lla ar Ex��ss Insuran�� pali�y daes nvt f�llow th�f�rm �f the primary polic��s. ii shall in�lu��the sarne �ndars�menCs as required af the primar+f pohci�s includin� buC noC I�rnited C� 1r4�aiv�r�f�ubrogation and Primar�and Non- conCribulor�+in fav�r��Che C�ly. E} PROFE��IONAL LIABILITY 52,��O.QQ� If ihe require�d policy �r�aid�s �laims-made��v�rag�: 1� The f�elroa�tiv� �ale musl be shrnnm an� rnust b� befare the daC�of the a�re�emen C_ �� Insuranoe musi be maintained and eviden�e�f insurance musl be pravided far al IeasC fiae(��yea rs afler completian vf ihe wark ar serrices_ �� It�aaera�e is can�ele�d ar non-renev��d and nol r�placed with anath�r�laims- made p�ali�y forrn with a Reira�a��re �aC��rior l� Che dale otth�agr�ement, th� oontra�lor musl provide"exiend�d r�pariing' �mrerage far a rninirnum af fiv� (5) y�ars aFt�r�ompl�tion af ihe wark ar s�rui�es. Page 25 of 40 City�f Dubuqu�Ir�surar��R�quir�m�r�t�f�r Prof�s�i�r��l�ervi�e� pleas�be aware thai naming the �ity of bubuque as an additi�nal insured as is required by Ihis Insuranc��chedule ma�+result in Ch�waiver of ihe�ity's gawernmenlal immundies prawided in lawa Cade sec. 67�.�. If yau would like ta�reserve th�se immuniti�s, pleas� use this en�ors�menl ar an equival�nl forrn_ PF�ESEFi�1�TIDN OF �011EFif�MENT�4L IMMUNITIES ENQ�F��EMEf�T 1. Nonwai�rer of G�v�mrn�nial Immunitv_ Th� insurer expressly a�rees and siai�s thai Ihe�urchas� af ihis policy and the including of th� �ily �f Dubuque, Ivwa as an Addilional Insured does nat waiwe any af the d�f�nses of�ov�rnmental immunity available la ihe�ity of Dubuque, lowa und�r Code vf Iowa �ecti�n 67�.4 as it is naw exisls and as it may be am�nd�d frflm Ume la time_ �. �lairns�avera��_ The insurer furlh�r a+�rees Ihat this policy�f insurance shall cav�r anly thase clairns nat subjecl Ca kh�d�f�nse of gavernmental immunity under Ih��ode af lawa�e�tion S7Q.4 as it naw exists and as ii rnay be amended frorn time i� Cime_Thase clairns nat subjecl Ca Cade of lowa �e�ti�n 6T�.�shall be cov�red by ihe t�rms and candiUans of Ihis insurance palicy. �. Asseii�an of Gav�rnmenC ImmuniCv_The Cily af�ubuque, Ivwa shall b�r�sponsible far asseriing any�efense of gawernm�nlal irnmuniCy,and may da sa aC any�rn�and shall da sa upon the iimely writC�n request of the insurer. �. Non-a�n�al of��vera�e_ Th� insurer shall nol deny�average under this policy and the insurer shall noi deny any of ihe nghis and ben�fit�accrwn� ta Ih�City af Dubuque, Ivwa urrder ihis policy far r�asons of�mremrn�ntal imrnunily unl�ss and until a oourl of�ampelent�urisd�tian has rul�d in favof vf Ih�d�f�nse(s}of grnremrnental irnrnunily asserled by lhe�ity of Dubuque. lowa. Na Olh�r�han�7e in Pali�y_ Th�above preservatian of�overnmental immunities shall nol atherwise change ar aller the cov�rage avadabFe under Ihe palicy_ Page 26 of 40 Eagle Valley, Westbrook, & THE CITY OF English Ridge Subdivision Park DUB E Des�gn, Development, and Construction Management Services Masterpiece on the Mississippi City of Dubuque, lowa Consultant Professional Services Request for Proposal August 29, 2023 Appendix E Project Related Data Page 27 of 40 , � � � � � � � � � � f� � o zoa `- � � - � ` ' - ;�.:� �! �� ~ �`. ...:�� t' . % - . ,�� }y-. . _ .��' ��r ' ._ �'�*'•��,, �FS STOME VAL��Y p� �.� :�4� .. . � *. ��t. � , � .. � '�{ � I� .t 4y- � �4':�L� . 1's' ' �. ' _ • `;� 'u.;�••_ . t • .'«�...,.,� �4 ,. _ , i b. _ . � ';� � z' . _ • • -- `"=,Y ' . - - . -�:�,,.. � ' '. 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' _ '�j ��i ' 4} I� "'� F�.i C7 � �} -- ' ._, . � � � C j .., 'f T� fr . � � �, 'ti i f ti • p ' ,f� k:. { �k}. I ti I • � �� '°�*' � - ' r +!f��,� G l " ; . i '- , �"� - -. � =� � � � � ■ � • �� a �`� - '�� ;� � � � � � .�m.��.; ',�' '. � � � �i '-,x I �� m � » � • �� h 7 �} I' '�WgC��"��.,C�"+� "'� �� .� � � ^ � ' y'� .,u� f4_ ' �r s a 1 i� f■ 111� �+ • 4] i r { ��f�ti,� � � ��`^OL�� r� � � u y.�;{ � � r--�.,�,� 's. --� '.rti ri 'd�' , �--f Page 34 of 40 Eagle Valley, Westbrook, & .1.HE�I.�.Y oF English Ridge Subdivision Park �"U,..B E Desrgn, Development, and Construction Management Services Masterpiece on the Mzssissippi City of Dubuque, lowa Consultant Professional Services Request for Proposal August 29, 2023 Appendix F American Rescue Plan Act Compliance The following contract provisions along with this entire Request for Proposal will be made a part of any resulting contract(s) that arise from this Request for Proposal. Page 35 of 40 Domestic Preferences for Procurement As appropriate and to the extent consistent with law, the Contractor, to the greatest extent practicable, shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (50% US or more) as noted in 2 CFR § 200.322, including but not limited to iron, aluminum, steel, cement, and other manufactured products. The requirement of this section must be included in all subawards per §200.322 including all contracts and purchase orders for work or products under ARPA. A. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. B. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Contract Work Hours and Safety Standards Act Contracts awarded in excess of $100,000 that involve the employment of inechanics or laborers must comply with 40 U.S.C. 3702 and 3704. A. Each contractor is required to compute the wages of every mechanic and laborer based on a standard work week of 40 hours. Work exceeding the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. B. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Byrd Anti-Lobbying Amendment Byrd Anti-Lobbying Amendment. Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Page 36 of 40 Clean Air Act and The Federal Water Pollution Control Act Contracts in excess of $150,000 must contain a provision that requires compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Equal Employment Opportunity During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Page 37 of 40 (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and sub- contractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such Page 38 of 40 compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and sub-contractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms If the awarded contractor (prime) uses subcontractors, it must take all necessary affirmative steps to assure that small and minority businesses, women's enterprises, and labor surplus area firms are used. The following affirmative steps are required of the prime contractor: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paraqraphs (1) through � of this section. Page 39 of 40 Suspension and Debarment This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). System for Award Management (SAM) A contract award will not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM). SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Procurement of Recovered Materials In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. (2) Information about this requirement, along with the list of EPA designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.qov/smm/comprehensiveprocurement-quideline-cpq-proqram (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." Page 40 of 40