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Request for Proposals - Consulting Services for an Aerial Photography Project Copyrighted October 16, 2023 City of Dubuque Consent Items # 011. City Council Meeting ITEM TITLE: Requestfor Proposals - Consulting Services foranAerial Photography Project SUM MARY: City Manager recommending City Council approval to release the Request for Proposals for aerial orthophotography and LiDAR data collection in the amount of$160,000. SUGGESTED Suggested Disposition: Receive and File;Approve DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo MVM_Memo Staff Memo Aerial RFP (1) 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: Request for Proposals: Consulting Services for an Aerial Photography Project DATE: October 10, 2023 GIS Coordinator/Analyst Nikki Rosemeyer is recommending City Council approval to release the Request for Proposals for aerial orthophotography and LiDAR data collection in the amount of$160,000. This capital improvement package was approved during the FY2024 budget process, and the purpose of this project is to procure aerial orthophotography for the City of Dubuque and surrounding area, update the City's control network, and to generate LiDAR data and 1' contours. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Randy Gehl, Public Information Officer Nikki Rosemeyer, GIS Coordinator/Analyst Dubuque THE CITY OF � All-pmerisa Ci$ DuB E ti,� ��:�,��u.� t � � � �r Maste 22CE OYl t�lE MISSZBSt Z zao��zoizxzoi3 � pp zoi�*zois TO: City Manager Michael Van Milligen FROM: GIS Coordinator/Analyst Nikki Rosemeyer RE: Request for Proposals: Consulting Services for an Aerial Photography Project DATE: October 9, 2023 BACKGROUND In Fiscal Year 2019 (FY19), the City Council approved a capital improvement package for aerial orthophotography and LiDAR data collection in the amount of $160,000. The purpose of this improvement package was to procure aerial orthophotography for the City of Dubuque and surrounding area, update the City's control network, and to generate LiDAR data and 1' contours. In subsequent years, the cost of the improvement package decreased due to removing LiDAR, contour generation, and control network updates. It currently covers the cost of aerial orthophotography every two years. Aerial photography is the base of all GIS applications, and assists us in mapping utilities, land use, and change detection. The last City-funded aerial photography project occurred in 2020. In 2022, Dubuque County moved from their traditional EagleView (Pictometry) project to an orthophotography project. The County will be resuming EagleView projects here forth due to their need for orthogonal imagery. EagleView orthophotography does not provide the City with the needed horizontal and vertical accuracy for mapping. DISCUSSION There are several consulting firms who provide aerial orthophotography capture and image development. To get the best price and accurate aerial imagery, a request for proposals (RFP_ has been developed. The GIS Coordinator/Analyst will seek additional consultation regarding quality control and assistance once the imagery has been delivered to the City. The attached RFP outlines the consulting services requested for aerial photography capture and development. ACTION REQUESTED The GIS Coordinator/Analyst respectfully request the City Manager and City Council approve the release of the attached request for proposals to begin this project. Dubuque THE CITY OF � All-pmerisa Ci$ DuB � ti,�,��,��u.� t � � � �r Maste 22CE OYl t�lE MISSZBSt Z zaa��zoizxzois � pp zoi�*zoi9 REQUEST FOR PROPOSALS AERIAL PHOTOGRAPHY PROJECT � ' klf=`_Efj �5 '�ht,� ' , �Z l - ,,`.i.�_Y1.Ltc�j{ I � — 11(7(.KK � C 1b�� ` ��J ! { � ° � ++ � . '�� }C `.C� � � � �, �5 '� � � •r � NFtIr�I1ICFF r� {�C. g vxi � � � �( `� "b zo . . � '�' � n � ' � :'�; � S= � � � V`�Q y�J "?'.' � .� �3, � /A: � ` " �COC' �"_�.��`�� . - ��,A T�„s 'r CITY OF DUBUQUE, IA OCTOBER 17, 2023 1 Dubuque THE CITY OF � All-pmerisa Ci$ DuB � ti,�,��,��u.� t � � � �r Maste 22CE OYl t�lE MISSZBSt Z zaa��zoizxzois � pp zoi�*zois Table of Contents . . � � . � . 1.0 Introduction 3 2.0 Community Profile 3 3.0 Background 3 4.0 Project Scope of Services 3 5.0 Project Timeline 4 6.0 Information to be Included in the Proposal 4 7.0 Proposal Questions and Answers 5 8.0 Submission Requirements 6 9.0 Examination and Retention of Vendor's Records 6 Appendix A Vendor Evaluation and Selection Process 7 Appendix B RFP Rules 11 Appendix C Terms and Conditions 13 Appendix D Insurance Schedule 20 Exhibit A Project Area & Control Network 25 2 Dubuque THE CITY OF � All-pmerisa Ci$ DuB � ti,�,��,��u.� t � � � �r Maste 22CE OYl t�lE MISSZBSt Z zaa��zoizxzois � pp zoi�*zois 1.0 INTRODUCTION The City of Dubuque, IA, (pronounced duh-BEWK) (The City) is soliciting proposals from qualified professional firms for services related to updating the city's aerial orthophotography. The acquisition of aerial photography is anticipated to occur in the spring of 2024. 2.0 COMMUNITY PROFILE Dubuque is located on the Mississippi River in eastern lowa, where Illinois, lowa, and Wisconsin meet. The community is over 32 square miles in area, with a population of approximately 60,000 people. Dubuque distinguishes itself from the typical flat-lowa stereotype with its limestone bluffs, hilly landscapes, and beautiful Mississippi River views. The Dubuque metropolitan area has a stable and diversified economy, hosting over 62,000 jobs. Dubuque is the major retail, medical, education, and employment center for the tri-state area. Millions of tourists visit the Dubuque area every year. Dubuque's annual combined operating and capital budget is approximately $258 million and funds a full range of services for its residents. More information on the City of Dubuque government can be found at www.cityofdubuque.or�. 3.0 BACKGROUND The City's last aerial photography project occurred in 2020. The most recent imagery of the city and surrounding area was captured during a flight funded by Dubuque County in 2022. The county will be returning to EagleView (Pictometry) flights in spring 2024. The City will be procuring a flight separate of the county's project due to the need of high accuracy imagery for mapping features such as utilities. The City uses digital ortho-rectified imagery to support GIS (geographic information systems) and other mapping and design applications. The City requests natural color 3" pixel imagery; however, the full details of the aerial photography project are finalized as a part of the photogrammetric consulting services requested herein. 4.0 PROJECT SCOPE OF SERVICES The successful consultant will capture, process, and deliver aerial orthophotography for the project area shown in Exhibit A. The project area is approximately 247 square miles and includes the City of Dubuque, a 2-mile development review buffer, strategic annexation boundaries, and the Dubuque Regional Airport, which lies outside city limits. Below is a list of minimum requirements for this project: • Suggested flight criteria for 3" or 0.25-foot GSD pixels 3 Dubuque THE CITY OF � All-pmerisa Ci$ DuB � ti,�,��,��u.� t � � � �r Maste 22CE OYl t�lE MISSZBSt Z zaa��zoizxzois � pp zoi�*zois • Suggested industry standards or innovation for orthophotography collection and project management • National Standard for Spatial Data Accuracy (NSSDA) testing for horizontal and vertical accuracy • Visual review of tested digital ortho tiles Quality control and assurance will be provided by a third party, and any errors will need to be corrected by the selected aerial Vendor. 5.0 PROJECT TIMELINE The schedule for this request for proposals is as follows: RFP issued to Vendors: October 17, 2023 Question and Clarification Deadline: November 1, 2023 Proposals due: November 9, 2023 Vendor Interviews: To be Determined if Necessary. 6.0 INFORMATION TO BE INCLUDED IN PROPOSAL 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. A. Letter of Transmittal Provide a letter of transmittal briefly outlining the Vendor's understanding of the work, which specific sections of the Scope of Project are addressed in the submitted proposal and list the Vendor's or Project Manager's primary contact name, address, telephone number, fax number and e-mail address. B. Firm Profile Briefly provide general information about the Vendor, along with its area of expertise and experience as it relates to this RFP. C. Scope of Services Describe the means or strategy by which the Vendor would satisfy the requirements of this RFP. Please include information about the type of flight, equipment, and a general and simplified description of the entire process from image capture to project completion. 4 Dubuque THE CITY OF � All-pmerisa Ci$ DuB � ti,�,��,��u.� t � � � �r Maste 22CE OYl t�lE MISSZBSt Z zaa��zoizxzois � pp zoi�*zois D. Acknowledgement of Addenda It is the Vendor's responsibility to check for issuance of any addenda. Each addendum shall be acknowledged in the Letter of Transmittal by providing the addendum number and title. Failure to acknowledge each addendum will be considered grounds for possible disqualification. It is solely the responsibility of the Vendor to ensure all addenda to this RFP have been received before submitting the proposal. 7.0 PROPOSAL QUESTIONS AND ANSWERS All questions and requests for clarification shall be submitted via email to Nikki Rosemeyer, GISP, Dubuque's GIS Coordinator/Analyst, at nrosemeyer@cityofdubuque.org. All questions, clarifications, and responses will be posted on the website http://www.cityofdubuque.or�/aerialRFP. No answers given in response to questions submitted shall be binding upon this RFP unless released in writing 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 Vendor 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's GIS Coordinator/Analyst. Violation of this restriction will be considered a violation of the rules and be grounds for disqualification of the Vendor's proposal. The City's GIS Coordinator/Analyst information is as follows: Nikki Rosemeyer, GISP City of Dubuque Public Information Office 50 West 13t" Street Dubuque, IA 52001 E-mail: nrosemeyer@cityofdubuque.or� Phone: 563.589.4174 5 Dubuque THE CITY OF � All-pmerisa Ci$ DuB � ti,�,��,��u.� t � � � �r Maste 22CE OYl t�lE MISSZBSt Z zaa��zoizxzois � pp zoi�*zoi9 8.0 SUBMISSION REQUIREMENTS Before submitting a proposal, each Vendor shall make all investigations and examinations necessary to ascertain any challenges affecting the full performance of the contract and to verify any representations made by the City upon which the Vendor will rely. PROPOSAL SUBMITTAL INFORMATION ■ Submittal Deadline: Prior to 2:00 p.m. CST, November 9, 2023 ■ Submittal Location: Via email to nrosemeyer@cityofdubuque.or� ■ Submittal Copies: One electronic PDF file shall be provided. Please name the file in the following format: CompanyName_AerialProject.pdf No faxed or printed submittals will be accepted. The City of Dubuque is not liable for any costs incurred by any Vendor prior to the execution of a contract, nor shall the City of Dubuque be liable for any costs incurred by a Vendor that are not specified in any contract. All results and deliverables from this project will remain the property of the City of Dubuque. 9.0 OWNERSHIP, EXAMINATION AND RETENTION OF VENDOR'S RECORDS All, plans, specifications, reports, and imagery and other data prepared under this Agreement shall become the property of the City. There shall be no restriction or limitations on their future use by the City. The City acknowledges the Vendor'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 Vendor. 6 Dubuque THE CITY OF � All-pmerisa Ci$ DuB � ti,�,��,��u.� t � � � �r Maste 22CE OYl t�lE MISSZBSt Z zaa��zoizxzois � pp zoi�*zois Appendix A Vendor Evaluation and Selection Process � Dubuque THE CITY OF � All-pmerisa Ci$ DuB � ti,�,��,��u.� t � � � �r Maste 22CE OYl t�lE MISSZBSt Z zaa��zoizxzois � pp zoi�*zois INITIAL EVALUATION CRITERIA Proposals will be screened to ensure that they meet the minimum requirements of the required format. The following criteria in order of their relative importance (most is first, least is last) will be used to evaluate submitted proposals. 1. A high level of professional competence and a proven track record in providing consulting services for aerial photography for local governments. a. Qualifications and experience of the Vendor and any Sub-Vendors. b. Demonstration of the project team's professional expertise and technical abilities. c. If a joint venture with Sub-Vendors, the track records of the Vendor's Sub- Vendor experience working together. d. Experience of the Vendor working on municipal projects. e. Experience of the Vendor working on municipal projects in lowa. 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 the Vendor's team to demonstrate initiative, motivation, and knowledge as an indication of their desire to work with the City of Dubuque. 3. Proposed schedule required to complete project. 4. Quality and completeness of the written proposal. The proposal should clearly demonstrate understanding of the City's overall objectives for consulting services for aerial photography, and the Vendor's expertise. VENDOR SHORT-LIST EVALUATION CRITERIA If necessary due to a large number of submittals, the selection committee will again review the qualifying proposals of only the short-listed Vendors. 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 Vendor (40 Percent) The evaluation will be based upon: o Results of customer references related to similar projects. o Demonstration of understanding of the project and its requirements. o Utilization and promotion of current technologies and practices. 8 Dubuque THE CITY OF � All-pmerisa Ci$ DuB � ti,�,��,��u.� t � � � �r Maste 22CE OYl t�lE MISSZBSt Z zaa��zoizxzois � pp zoi�*zois 2. Experience Base of the Vendor (20 Percent) The evaluation will be based upon: o Breadth and depth of project experience with and past performance on similar projects. o Overall development 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 Comparison to similar 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 (if necessary), the selection committee will review the evaluation of the written proposal relative to the input received during the interview process and prepare a final ranking of the short-listed respondents. SELECTED VENDOR- FEE NEGOTIATION PROCESS Upon completion of the evaluation of the proposals, the selection committee will request the City Manager's permission to negotiate and execute a contract with the selected Vendor. The City Manager will then make this recommendation to the City Council, whose approval will lead to the awarding of a contract to the highest-ranked Vendor. The selection committee will also request authority to negotiate with the recommended Vendor 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 Vendor, the Vendor shall prepare an industry standard Work Breakdown Structure (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. The Consultant shall indicate in the WBS the work tasks to 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. 9 Dubuque THE CITY OF � All-pmerisa Ci$ DuB � ti,�,��,��u.� t � � � �r Maste 22CE OYl t�lE MISSZBSt Z zaa��zoizxzois � pp zoi�*zoi9 Once the selected Vendor has prepared the WBS, the City and the Vendor will meet and the final scope of work for the project will be negotiated by joint revision to the WBS 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 Vendor 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 Vendor. Otherwise, negotiations with the Vendor ranked first shall be formally terminated and negotiations commenced with the Vendor 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 sign a contract with the successful Vendor. Contract documents shall be prepared to be signed by City Manager Michael C Van Milligen. Pavment for Work: Invoice amounts shall be based on the earned value of the percent work completed as reported on the most recently updated and submitted WBS. The City will provide invoice submittal deadlines so payment can be secured in a reasonable amount of time. Appendix B RFP Rules 10 Dubuque THE CITY OF � All-pmerisa Ci$ DuB � ti,�,��,��u.� t � � � �r Maste 22CE OYl t�lE MISSZBSt Z zaa��zoizxzois � pp zoi�*zoi9 MINOR IRREGULARITIES The City reserves the right to waive minor irregularities in submitted proposals, provided 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 Vendor an advantage or benefit not enjoyed by other prospective Vendors. EXCEPTIONS Vendor exceptions to any part of the requirements stated in this RFP 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 has recommended a contract be negotiated with the recommended Vendor. 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 relevant 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. 11 Dubuque THE CITY OF � All-pmerisa Ci$ D �/ L JJ vsn��w�.rvh irvar t � � � �r Maste 2eCE OY[ t�lE MZSS1BSt Z zaa��zoizxzois �P pp z.oi�*zois Appendix C Contract Terms and Conditions 12 Dubuque THE CITY OF �+ All-pmerisa Ci$ D �/ L JJ vsn��w�.rvh irvar t � � � �r Maste 2eCE OY[ t�lE MZSS1BSt Z zao��zoizxzois �P pp zoi�*zoi9 TERMS AND CONDITIONS The following clauses shall be included in the final signed contract: 1. CHANGE IN SCOPE OF PROJECT. No change in scope shall be permitted without the prior written agreement of both parties. 2. 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 Vendor. 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. 3. INSURANCE. The Vendor shall always, during the performance of this agreement, provide insurance as required by the attached Insurance Schedule 4. INDEMNIFICATION. To the fullest extent permitted by law, Vendor 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 Vendor's Sub-Vendor, or anyone directly or indirectly employed by Vendor or Vendor's Sub- Vendor or anyone for whose acts Vendor or Vendor's Sub-Vendor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 5. ERRORS &OMISSIONS. If the work product prepared by the Vendor is found to be in error and revision or reworking the work product is necessary, the Vendor agrees that it shall do such revisions without expense to the City, even though final payment may have been received. The Vendor must give immediate attention to these changes so there will be a minimum of delay in deliverables. 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 Vendor herein. 6. SUBLETTING,ASSIGNMENT OR TRANSFER. 13 Dubuque THE CITY OF �+ All-pmerisa Ci$ D �/ L JJ vsn��w�.rvh irvar t � � � �r Maste 2eCE OY[ t�lE MZSS1BSt Z zao��zoizxzois �P pp zoi�*zoi9 Subletting, assignment, or transfer of all or part of the interest of the Vendor in this Contract is prohibited unless written consent is obtained from the Director of Transportation Services and approved by the City. 7. 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. 8. BID CURRENCY/LANGUAGE. All prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the contract regardless of the exchange rate. All bid responses must be submitted in English. 9. BID INFORMATION IS PUBLIC. The bid and all documents submitted with any bid shall become public documents subject to lowa Code Chapter 22, which is otherwise known as the "lowa Open Records Law". By submitting the bid any document to the City of Dubuque in connection with a bid, the submitting party recognizes this and waives any claim against the City of Dubuque and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Dubuque and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Dubuque arising from any opportunity. Bid information requested by the public or other bidders will be provided in an alternative format if the requestor is a person with a disability and requires an alternative form for comprehension. 10. BID REJECTION OR PARTIAL ACCEPTANCE. The City reserves the right to accept or reject any or all bids or parts thereof. The City further reserves the right to waive technicalities and formalities in bids, as well as to accept in whole or in part such bids where it is deemed advisable in protection of the best interests of the City. 14 Dubuque THE CITY OF �+ All-pmerisa Ci$ D �/ L JJ vsn��w�.rvh irvar t � � � �r Maste 2eCE OY[ t�lE MZSS1BSt Z zao��zoizxzois �P pp zoi�*zoi9 11. 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 lowa 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 the 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. 12. CONTRACT DOCUMENTS. The contract documents are this contract, the request for proposals, the Vendor's proposal and contract proposal pricing form, 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 proposals, the Vendor's proposal and contract proposal pricing form, and the following additional documents, if any. 13. 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 because 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. 15 Dubuque THE CITY OF �+ All-pmerisa Ci$ D �/ L JJ vsn��w�.rvh irvar t � � � �r Maste 2eCE OY[ t�lE MZSS1BSt Z zao��zoizxzois �P pp zoi�*zoi9 14. 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. 15. LAWS AND REGULATIONS. The contract shall be governed, interpreted, and enforced in accordance with all applicable federal, State of lowa, 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 lowa District Court for Dubuque County, lowa. 16. 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 public, regardless of the value. Please reference City AP 4.07. 17. 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. 16 Dubuque THE CITY OF �+ All-pmerisa Ci$ D �/ L JJ vsn��w�.rvh irvar t � � � �r Maste 2eCE OY[ t�lE MZSS1BSt Z zao��zoizxzois �P pp zoi�*zoi9 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. 18. NON-DISCRIMINATION AND EQUAL OPPORTUNITY. All Vendors that engage in contracts with the City of Dubuque, lowa 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, Familia 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's Affirmative Action Program and will provide in every contract or subcontract that said provision will be binding upon each Vendor. 19. 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. 20. 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. 21. WARRANTIES. The Vendor shall perform pertaining to the project as set forth in the contract. 17 Dubuque THE CITY OF �+ All-pmerisa Ci$ D �/ L JJ vsn��w�.rvh irvar t � � � �r Maste 2eCE OY[ t�lE MZSS1BSt Z zaa��zoizxzois �P pp z.oi��zois The Vendor represents that the project 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. The 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. 27. WARRANTIES- INTELLECTUAL PROPERTY. The Vendor represents and warrants that all the materials, goods 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, goods and work. The Vendor represents and warrants that the materials, goods 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. Vendor further represents and warrants that the materials and works do 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 goods and work contemplated by the Contract. Appendix D Insurance Schedule 18 Dubuque THE CITY OF � All-pmerisa Ci$ DuB E ,��,��u.r 1II � �r Maste 2eC2 OYl t�lE MZSS1BSt Z zao��zoizxzois �P pp zoi�*zoi9 INSURANCE SCHEDULE J 1. shall furnish a signed certificate of insurance to the City of Dubuque, lowa 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. Vendors 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 lowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg: Project# or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. Failure to provide coverage required by 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 agreement. 5. Vendors shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants.Vendors agree that they shall be liable for the failure of a subconsultant and sub- subconsultant to obtain and maintain such coverages.The City may request a copy of such certificates from the Vendor. 6. All required endorsements shall be attached to the certificate of insurance. 7. Whenever a specific ISO form is listed, required the current edition of the form must be used,or an equivalent form may be substituted if approved by the Director of Finance and Budget and subject to the Vendor identifying and listing in writing all deviations and exclusions from the ISO form. 8. Vendors shall be required to carry the minimum coverage/limits,or greater if required by law or other legal agreement, in Exhibit I. If the Vendor's limits of liability are higher than the required minimum limits,then the provider's limits shall be this agreement's required limits. 9. Vendor shall be responsible for deductibles and self-insured retention. 19 Dubuque THE CITY OF � All-pmerisa Ci$ DuB E ,��,��u.r 1II � �r Maste 2eC2 OYl t�lE MZSS1BSt Z zao��zoizxzois �P pp zoi�*zoi9 INSURANCE SCHEDULE J (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit $1,000,000 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 26. 6) Policy shall include Waiver of Right to Recover from Others endorsement. B) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 C) WORKERS'COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by lowa Code Chapter 85. Coverage A Statutory—State of lowa Coverage B Employers Liability Each Accident $100,000 Each Employee-Disease $100,000 Policy Limit-Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. 20 Dubuque THE CITY OF � All-pmerisa Ci$ DuB E ,��,��u.r 1II � �r Maste 2eC2 OYl t�lE MZSS1BSt Z zao��zoizxzois �P pp zoi�*zoi9 Coverage B limits shall be greater if required by the umbrella/excess insurer. OR Nonelection of Workers' Compensation or Employers' Liability Coverage under lowa Code sec. 87.22. Completed form must be attached. D) UMBRELLA/EXCESS LIABILITY $5,000,000 Umbrella/excess liability coverage must be at least following form with the underlying policies included herein. E) PROFESSIONAL LIABILITY $1,000,000 Provide evidence of coverage for 5 years after completion of project. F) CYBER LIABILITY $1,000,000 _yes X no Coverage for First and Third Party liability including but not limited to lost data and restoration, loss of income and cyber breach of information. G) AIRCRAFT LIABILITY $3,000,000 CSL Non-Owned Aircraft Liability: $3,000,000 CSL Included: City of Dubuque, lowa, its elected and appointed officials and employees are as additional insured. 21 Dubuque THE CITY OF � All-pmerisa Ci$ DuB E ,��,��u.r 1II � �r Maste 2eC2 OYl t�lE MZSS1BSt Z zao��zoiz-zois �P pp zoi��zois 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, lowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, lowa under Code of lowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Covera�e.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 lowa Section 670.4 as it now exists and as it may be amended from time to time.Those claims not subject to Code of lowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunitv.The City of Dubuque, lowa 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 Covera�e.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, lowa 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, lowa. No Other Chan�e in Policy.The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. 22 Dubuque THE CITY OF � All-pmerisa Ci$ DuB E ,��,��u.r 1II � �r Maste 2eC2 OYl t�lE MZSS1BSt Z zao��zoizxzois �P pp zoi�*zoi9 EXHIBITA PROJECTAREAAND CONTROLNETWORK � LOUISBURG �' �SVILLE �� _ KIELER EAST �" u CKARDSVILLE � SAGEV �' �� UR E ` DG � � l�J � � � ' � DY HOOK . y �„ ° � � � � � [,:I � . 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