Signed Contract_Professional Services Agreement with WHKS & Co. for Eagle Valley, Westbrook, & English Ridge Subdivision Park Design, Development, and Construction Management ServicesCopyrighted
November 6, 2023
City of Dubuque Consent Items # 016.
City Council Meeting
ITEM TITLE: Signed Contract(s)
SUMMARY: Professional Services Agreement with W HKS & Co. for the Eagle
Valley, Westbrook, & English Ridge Subdivision Park Design,
Development, and Construction Management Services.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Professional Services Agreement with W HKS & Co. Supporting Documentation
whks
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, by and between City of Dubuque, Iowa hereinafter referred to as the "Client" and
WHKS & Co., hereinafter referred to as "WHKS", is made as follows:
WHEREAS, the Client has a need for certain professional services relating to the project described as
Eagle Valley, Westbrook, & English Ridge Subdivision Park Design, Development, and
Construction Management Services.
WHEREAS, WHKS proposes to furnish the professional services required by the Client for said project,
NOW THEREFORE, the Client hereby agrees to retain and compensate WHKS to perform the
professional services in accordance with the terms and conditions of this Agreement and the attached
Standard Terms and Conditions.
Scope of Services
WHKS shall perform the following described services for the Client:
Design, bid, and construction phase engineering services as described on the attached Scope
of Services included in Exhibit A.
Basis of Compensation
For the services described above, the Client shall remunerate WHKS as follows:
Items 1-5 - Lump Sum Fee of $78,400.00 including Expenses.
Items 6-7 - Billed Hourly with an Estimated Fee of $9,740.00. Expenses billed at actual cost and
mileage at the current published IRS rate per mile. External expenses include an administrative
charge of 10 percent.
Additional staking will be performed at $185.00 per hour.
Permit and plan distribution fees to be paid by the client.
Executed this 16th day of October, 2023
CITY OF DUBUQUE, IOWA WHKS & co.
By: _P�'�_ k��X", By:
Printed Name: Michael Van Milligen
Printed Name: Derek J. Thomas. P.E.
Title: City Manager Title: Vice President
whks
Exhibit A to Professional Services Agreement
A. Project Description
The project consists of design and construction management services for three (3) mini parks
located in Eagle Valley, Westbrook, and English Ridge subdivisions, all in Dubuque, Iowa. See
Figures 1, 2 and 3 for project locations. The project is anticipated to include community
engagement, playground equipment with poured in place surfacing and concrete subbase, seating
and gathering areas, trees, native landscaping, lighting, drinking fountains, and sidewalks. A
desktop review of each park location will be performed to evaluate existing delineated wetlands.
Playground equipment shall be designed for ages 2 to 12 years and meet and/or exceed federal,
CPSC, ASTM and IPEMA guidelines. An 8-inch concrete border is anticipated around the poured -
in -place surfacing. It is also anticipated that "Green" construction practices and materials will be
used on this project.
Lovely City will develop and implement a public engagement process for each of the 3 respective
park locations. The Lovely City will also manage one (1) design charrette for each project location
with stakeholders to consider concepts and alternatives. An online survey will be posted on the
City's website for stakeholders that are unable to attend the design charrette.
Ritland + Kuiper will develop conceptual site designs for the three (3) mini parks based on feedback
from the design charrettes. WHKS will prepare preliminary and final site designs and specifications
based on Client approved conceptual site designs. Ritland + Kuiper will also provide requirements
and specifications for proposed playground equipment and poured in place surfacing. The project
will be designed to SUDAS and ADA standards.
The Request For Proposal (RFP) attached hereto is incorporated by reference and in the event of
any conflict between the Standard Terms and Conditions and the RFP, the RFP takes precedence.
WHKS shall always, during the performance of this Agreement, provide insurance as required by
the attached Insurance Schedule.
Figure 1 Eagle Valley Park Location
10
Figure 2 Westbook Subdivision Park Location
Park Location:
253 Stone Valley Drive
Dubuque, Iowa
A
, ril-
Figure 3 English Ridge Subdivision Park Location
B. Scope of Services Provided Under This Agreement:
1. Project Management and Meetings
• Perform general project administrative duties including supervision and coordination
of the project team, review of project costs and billings, prepare invoices using
Consultant's standard forms, and general administrative activities.
• Perform desktop review of existing wetlands.
• Submit ellectronic copy of the updated project schedule on the first Tuesday of each
month.
• Submit electronic copy of project progress reports on the first and third Tuesday of
each month.
• Hold kick-off meeting with Client to discuss the project and review the scope.
• Advise the Client of the necessity of obtaining Special Engineering Services as
described in Paragraph C., and act as the Client's representative in connection with any
such services not actually performed by WHKS.
• Coordinate with existing utilities.
• Attend six (6) meetings for the project as described below:
i. One (1) design charrette review meeting with Client
ii. Two (2) conceptual site design review meetings
iii. One (1) preliminary site design review meeting
iv. One (1) final design review meeting
v. One (1) City Council meeting
2. Public Engagement
• Develop and implement a public engagement process for each of the project
locations (Lovely City).
• Prepare for and attend one (1) design charrette meeting with the neighborhood and
community for each of the project locations (Lovely City).
• Host an online survey on the City of Dubuque's website.
• Furnish one (1) copy of a summary of the results of each design charrette meeting.
3. Topographic Survey and Research of Existing Conditions
• Perform site topographical surveys to support new facilities, exclusive of boundary
surveys for land and easement acquisition.
• Develop project control and base map for the project.
• Locate the existing underground utilities as located by the Iowa One Call locate system.
• Collect, obtain and review relevant information from the Client.
4. Conceptual Design (Ritland + Kuiper and WHKS)
• Prepare for and attend one (1) charrette per project location with stakeholders for
conceptual design.
• Prepare and submit conceptual plans showing conceptual site design for each project
location (Ritland + Kuiper). Ritland + Kuiper will revise conceptual site design once
to incorporate Client review comments. Multiple revisions of conceptual site design
will require additional fees.
5. Preliminary and Final Design
• Preliminary design will proceed once Client approves conceptual site design.
• Prepare preliminary and final plans and specifications to show the character and scope
of work to be performed by contractors on the Project. Plans will follow SUDAS
standards.
• A Storm Water Pollution Prevention Plan (SWPPP) will be prepared for each project
location.
• Prepare 50%, 90% and 100% plans of the proposed park developments.
• Prepare a simple site plan for submittal to the City of Dubuque for approval.
• Prepare opinion of probable construction cost on completed plans and specifications
for each of the project locations and the proposed park development. The probable
construction costs shall include bid alternates as selected by the Client.
• Furnish one (1) original signed 11"x17" copy of the plans, specifications, and other
contract documents as required to the Client.
• Answer contractor's questions during the bidding phase.
• Prepare addendums to the contract documents prior to bid letting, if necessary.
• Assist in the receiving and tabulation of Contractors' proposals and assist in awarding
construction contract.
• Prepare and submit applicable construction permit application packages to Iowa
Department of Natural Resources and City of Dubuque.
6. Construction Administration
• Provide construction administration assistance during construction. Contract
administration assistance activities conducted during project construction include
clarification of design details, review of shop drawings, review periodic payment
estimates for completed construction work and recommend payments for processing,
prepare change orders when required, and prepare the final summary of construction
costs.
• Conduct a preconstruction meeting with Client, Contractor, and Utility Owners.
• Provide construction staking.
• Prepare record drawings from Contractor provided "mark-ups" at the completion of
the construction.
• Provide bi-weekly construction and budget status updates to the Client.
• Provide copies of all construction records to the Client at the completion of the
construction.
7. Construction Observation
City staff shall perform on -site evaluations of the Project progress in accordance with
the plans and specifications. WHKS will provide support to City staff to answer
construction and observation related questions. Fee based on 36 hours of
observation and travel time (3 visits per site, 4 hours per visit).
The testing of materials will be included in the bid package as a bid allowance to be
paid by the Contractor.
C. Special Engineering Services:
Special Engineering Services are those services not listed above, but which may be required or
advisable to accomplish the Project. Special Engineering Services shall be performed when
authorized by the Client for additional fees, to be determined at the time authorized.
Special Engineering Services include:
1. Land surveying and platting
2. Easement research, plats or descriptions
3. Negotiation for easements or land acquisition
4. Special assessment assistance
5. Quality control testing and construction materials testing
6. Permits other than those identified above
7. Funding assistance, including grant and/or loan applications
8. Wetland Delineations or mitigation plans
9. Floodplain and hydraulic/hydrologic modeling
10. Geotechnical design/recommendations
11. Cultural resource survey or other studies or documentation that may be required by
regulatory agencies that are not specifically listed in the scope of services
12. National Environmental Policy Act (NEPA) compliance, including historical and
archeological investigations
13. Structural evaluation and/or design
14. Attendance at additional meetings (other than those listed above)
whks
STANDARD TERMS AND CONDITIONS
FOR
CITY OF DUBUQUE PROJECTS
1. Scope of Services
Client and WHKS have agreed to a list of services WHKS will provide to Client as listed
on a specific task order.
2. Governing Law
The laws of the State of Iowa will govern this Agreement, its interpretation and
performance. Any litigation arising in any way from this Agreement shall be brought in the
Iowa District Court for Dubuque County.
3. Standard of Care
Services provided by WHKS under this Agreement will be performed in a manner
consistent with that degree of care and skill ordinarily exercised by members of the same
profession currently practicing under similar circumstances.
4. Integration
This Agreement comprises the final and complete agreement between Client and WHKS.
It supersedes all prior communications, representations, or agreements, whether oral or
written, relating to the subject matter of this Agreement. Execution of this Agreement
signifies that each party has read the document thoroughly. Amendments to this
Agreement shall not be binding unless made in writing and signed by both Client and
WHKS.
5. Guarantees and Warranties
WHKS shall not be required to sign any documents, no matter by whom requested, that
would result in WHKS having to guarantee or warrant the existence of conditions whose
existence WHKS cannot ascertain. Client also agrees not to make resolution of any
dispute with WHKS or payment of any amount due to WHKS in any way contingent upon
WHKS signing any such guarantee or warranty.
6. Indemnification
WHKS agrees, to the extent permitted by law, to indemnify and hold Client, its officers
and employees harmless from any damage, liability or cost (including reasonable
attorney's fees and costs of defense) to the extent caused by WHKS' negligent acts,
errors or omissions in the performance of professional services under this Agreement and
those of its subconsultants or anyone for whom WHKS is legally liable.
Client agrees, to the extent permitted by law, to indemnify and hold WHKS harmless from
any damage, liability or cost (including reasonable attorneys' fees and costs of defense)
to the extent caused by Client's negligent acts, errors or omissions and those of Client's
contractors, subcontractors or consultants or anyone for whom Client is legally liable.
whks
Neither WHKS nor Client shall be obligated to indemnify the other party in any manner
whatsoever for the other party's own negligence.
7. Billing and Payment Provisions
Invoices shall be submitted by WHKS monthly and are due upon presentation and shall
be considered PAST DUE if not paid within thirty (30) calendar days of the invoice date.
If payment is not received by WHKS within thirty (30) calendar days of the invoice date,
Client shall pay as interest an additional charge of one and one -quarter percent (1.25%)
of the PAST DUE amount per month. Payment thereafter shall first be applied to accrued
interest and then to the unpaid principal.
If Client fails to make payments within sixty (60) days from the date of an invoice or
otherwise is in breach of this Agreement, WHKS may, at its option, suspend performance
of services upon five (5) calendar days' notice to Client. WHKS shall have no liability
whatsoever to Client for any costs or damages as a result of such suspension caused by
any breach of this Agreement by Client. If Client fails to make payment to WHKS in
accordance with the payment terms herein, this shall constitute a material breach of this
Agreement and shall be cause for termination by WHKS.
In the event legal action is necessary to enforce the payment provisions of this
Agreement, WHKS shall be entitled to collect from Client any judgment or settlement
sums due, reasonable attorneys' fees, court costs and expenses incurred by WHKS in
connection therewith and, in addition, the reasonable value of WHKS personnel time and
expenses spent in connection with such collection action, computed at WHKS current fee
schedule and expense policies.
Payment of invoices is in no case subject to unilateral discounting or set -offs by Client,
and payment is due regardless of suspension or termination of this Agreement by either
party.
8. Ownership of Records
All reports, plans, specifications, field data and notes and other documents, including all
documents on electronic media, prepared by WHKS as instruments of service shall
remain the property of WHKS.
Client shall be permitted to retain copies, including reproducible copies, of the plans and
specifications for information and reference in connection with Client's use of the
completed project. The plans and specifications shall not be used by Client or by others
on other similar projects except by agreement in writing by WHKS.
9. Delivery of Electronic Files
In accepting and utilizing any drawings, reports and data on any form of electronic media
generated and provided by WHKS, Client covenants and agrees that all such electronic
files are instruments of service of WHKS, who shall be deemed the author, and who shall
retain all rights under common and statutory laws, and other rights, including copyrights.
whks
Client is aware that 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 WHKS
and electronic files, the signed construction documents shall govern.
Client and WHKS agree that the electronic files prepared by WHKS shall conform to the
current CADD software in use by WHKS or to other mutually agreeable CADD
specifications defined in the Agreement. Any changes to the CADD specifications by
either Client or WHKS are subject to review and acceptance by the other party. Additional
efforts by WHKS made necessary by a change to the CADD specifications or other
software shall be compensated for as Additional Services.
The electronic files provided by WHKS to Client are submitted for an acceptance period
of 60 days. Any defects Client discovers during this period will be reported to WHKS and
will be corrected as part of the Scope of Services. Correction of defects detected and
reported after the acceptance period will be compensated for as Additional Services.
Client agrees not to reuse the electronic files, in whole or in part, for any purpose or project
other than the project that is the subject of this Agreement. Client agrees not to transfer
the electronic files to others without the prior written consent of WHKS, except as required
by law. In addition, Client agrees, to the extent permitted by law, to indemnify and hold
WHKS harmless from any damage, liability or cost, including reasonable attorney's fees
and costs of defense, arising from any changes made by anyone other than WHKS or
from any reuse of the electronic files without the prior written consent of WHKS.
Under no circumstance shall delivery of the electronic files for use by Client be deemed
a sale by WHKS and WHKS makes no warranties, either express or implied, of
merchantability and fitness for any particular purpose. In no event shall WHKS be liable
for any loss of profit or any consequential damages.
10. Changed Conditions
Client shall rely on the judgment of WHKS as to the continued adequacy of this agreement
in light of occurrences or discoveries that were not originally contemplated by or known
to WHKS. Should WHKS call for contract renegotiation, WHKS shall identify the changed
conditions necessitating renegotiation and WHKS and Client shall promptly and in good
faith enter into renegotiation of this Agreement. If terms cannot be agreed to, the parties
agree that either party has the absolute right to terminate this Agreement.
11. Permits and Approvals
WHKS shall assist Client in applying for those permits and approvals typically required by
law for projects similar to the one for which WHKS services are being engaged. This
assistance consists of completing and submitting forms as to the results of certain work
included in the Scope of Services.
12. Suspension of Services
whks
If the project is suspended for more than thirty (30) calendar days in the aggregate, WHKS
shall be compensated for services performed and charges incurred prior to receipt of
notice to suspend and, upon resumption, an equitable adjustment in fees to
accommodate the resulting demobilization and remobilization costs. In addition, there
shall be an equitable adjustment in the project schedule based on the delay caused by
the suspension. If the project is suspended for more than ninety (90) calendar days in the
aggregate, WHKS may, at its option, terminate this Agreement upon giving notice in
writing to Client.
13. Termination
Either Client or WHKS may terminate this Agreement at any time with or without cause
upon delivering to the other party not less than seven (7) calendar days prior written
notice. Client shall within thirty (30) calendar days of termination pay WHKS for all
services rendered and all costs incurred up to the date of termination, in accordance with
the compensation provisions of the Agreement.
14. Unauthorized Changes
In the event Client, Client's contractors or subcontractors or anyone for whom Client is
legally liable makes or permits to be made any changes to any reports, plans,
specifications or other contract documents prepared by WHKS without obtaining WHKS'
prior written consent, Client shall assume full responsibility for the results of such
changes. Therefore, Client agrees to waive any claim against WHKS and to release
WHKS from any liability arising directly or indirectly from such changes.
Client also agrees, to the extent permitted by laws, to indemnify and hold WHKS harmless
from any damage, liability or cost, including reasonable attorneys' fees and costs of
defense, arising from such changes.
15. Jobsite Safety
Neither the professional activities of WHKS nor the presence of WHKS or its employees
and subconsultants at a construction site, shall relieve a contractor and any other entity
of their obligations, duties and responsibilities including, but not limited to, construction
means, methods, sequence, techniques or procedures necessary for performing,
superintending or coordinating all portions of the construction work in accordance with
the contract documents and any health or safety precautions required by any regulatory
agencies. WHKS and its personnel have no authority to exercise any control over any
construction contractor or other entity or their employees in connection with their work or
any health or safety precautions.
16. Additional Services
Services which are requested by Client or are required as part of the specific task order,
but are not included in the specific task order, are considered Additional Services.
WHKS will notify Client in writing when Additional Services will be needed. WHKS and
Client will agree on the extent of the Additional Service(s) required and will agree on the
whks
method and amount of the compensation for performance of said agreed upon Additional
Services.
WHKS will not perform Additional Services which will result in additional cost to Client
without prior written authority of Client.
In the event WHKS is requested or required to participate in any dispute resolution
procedure which involves any aspect of the specific task order, Client agrees to
compensate WHKS for the reasonable value of WHKS' personnel time and expenses
spent in connection with such procedures computed at WHKS' then current fee schedule
and expense policies.
17. Dispute Resolution
In an effort to resolve any conflicts that arise, Client and WHKS agree that all disputes
between them arising out of or relating to this Agreement shall be submitted to nonbinding
mediation unless the parties mutually agree otherwise.
18. Third Party Beneficiaries
Nothing contained in this Agreement shall create a contractual relationship with or a
cause of action in favor of a third party against either Client or WHKS. WHKS' services
under this Agreement are being performed solely for Client's benefit, and no other entity
shall have any claim against WHKS because of this Agreement or the performance or
nonperformance of services hereunder.
19. Extension of Protection
Client agrees to extend any and all liability limitations and indemnifications provided by
Client to WHKS to those individuals and entities WHKS retains for performance of the
services under this Agreement, including but not limited to WHKS officers and employees
and their heirs and assigns, as well as WHKS subconsultants and their officers,
employees, heirs and assigns.
20. Timeliness of Performance
WHKS will perform the services described in the Scope of Services with due and
reasonable diligence consistent with sound professional practices.
21. Delays
WHKS is not responsible for delays caused by factors beyond WHKS' reasonable control,
including but not limited to delays because of strikes, lockouts, work slowdowns or
stoppages, accidents, acts of God, failure of any governmental or other regulatory
authority to act in a timely manner, failure of Client to furnish timely information or approve
or disapprove of WHKS' services or work product promptly, or delays caused by faulty
performance by Client or by contractors of any level. When such delays beyond WHKS'
reasonable control occur, Client agrees WHKS is not responsible for damages, nor shall
WHKS be deemed to be in default of this Agreement.
22. Right to Retain Subconsultants
whks
WHKS may use the services of subconsultants when, in the sole opinion of WHKS, it is
appropriate and customary to do so. Such persons and entities include, but are not limited
to, aerial mapping specialists, geotechnical consultants and testing laboratories. WHKS'
use of other consultants for additional services shall not be unreasonably restricted by
Client provided WHKS notifies Client in advance.
23. Assignment
Neither party to this Agreement shall transfer, sublet or assign any rights under or interest
in this Agreement (including but not limited to monies that are due or monies that may be
due) without the prior written consent of the other party.
24. Severability and Survival
Any provision of this Agreement later held to be unenforceable for any reason shall be
deemed void, and all remaining provisions shall continue in full force and effect.
25. Hazardous Materials
It is acknowledged by both parties that WHKS' Scope of Services does not include any
services related to asbestos or hazardous or toxic materials. In the event WHKS or any
other party encounters asbestos or hazardous or toxic materials at the jobsite, or should
it become known in any way that such materials may be present at the jobsite or any
adjacent areas that may affect the performance of WHKS services, WHKS may, at its
option and without liability for consequential or any other damages, suspend performance
of services on the project until Client retains appropriate specialist consultant(s) or
contractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic
materials, and warrant that the jobsite is in full compliance with applicable laws and
regulations.
26. Joint Participation
The parties have participated jointly in the negotiation and preparation of all agreements
between the parties. Each party has had an opportunity to obtain the advice of legal
counsel and to review and comment upon this instrument. Accordingly, no rule of
construction shall apply against any party or in favor of any party. This instrument shall
be construed as if the parties jointly prepared it and any uncertainty or ambiguity shall not
be interpreted against one party and in favor of another.
27. Record Documents
If required in the Professional Services Agreement, WHKS shall, upon completion of the
Work, compile for and deliver to the Client a reproducible set of Record Documents that
are based upon the marked -up record drawings, addenda, change orders and other data
furnished by the contractor or other third parties. These Record Documents may show
certain significant changes from the original design made during construction. Because
these Record Documents are based on unverified information provided by other parties,
which the Consultant is entitled to assume as reliable, the Consultant does not warrant
their accuracy.
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J
WHKS & Co. shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for
the coverage required in Exhibit I prior to commencing work and at the end of the project if the
term of work is longer than 60 days. Contractors presenting annual certificates shall present a
certificate at the end of each project with the final billing. Each certificate shall be prepared on
the most current ACORD form approved by the Iowa Department of Insurance or an equivalent
approved by the Director of Finance and Budget. 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
Iowa 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. Contractors 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.
Contractors 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 Contractor.
6. All required endorsements shall be attached to the certificate. The certificate is due before the
contract/agreement can be approved.
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 contractor identifying and listing in writing all deviations and exclusions from the
ISO form.
8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law
or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the
required minimum limits then the provider's limits shall be this agreement's required limits.
9. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy
premiums and other cost associated with the insurance policies required below.
10. All certificates of insurance must include agents name, phone number, and email address.
11. The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by this Schedule at any time.
12. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances during the term of the agreement, subject to
mutual agreement of the parties.
Page 1 of 4 Schedule J Professional Services January 2023
City of Dubuque Insurance Requirements for Professional Services
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 endorsement indicating that coverage is primary and non-contributory.
3) Include Preservation of Governmental Immunities Endorsement. (Sample
attached).
4) 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.
5) Policy shall include Waiver of Right to Recover from Others endorsement.
6) Policy shall include cancellation and material change endorsement providing
thirty (30) days advance written notice of cancellation, non -renewal, reduction in
insurance coverage and/or limits and ten (10) days written notice of non-payment
of premium shall be sent to: City of Dubuque Finance Department, 50 West 13t"
Street Dubuque, Iowa 52001.
B) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's
business does not own any vehicles, coverage is required on non -owned and hired
vehicles.
1) Policy shall include Waiver of Right to Recover from Others endorsement.
C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A Statutory —State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Page 2 of 4 Schedule J Professional Services January 2023
City of Dubuque Insurance Requirements for Professional Services
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers'
Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of
Workers' Compensation or Employers' Liability Coverage form on file with the Iowa
Workers' Compensation Insurance Commissioner, as required by Iowa Code Section
87.22. Completed form must be attached.
D) UMBRELLA/EXCESS LIABILITY $1,000,000
The General Liability, Automobile Liability and Workers Compensation Insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of
the primary policies, it shall include the same endorsements as required of the primary
policies including but not limited to Waiver of Subrogation and Primary and Non-
contributory in favor of the City.
E) PROFESSIONAL LIABILITY $2,000,000
If the required policy provides claims -made coverage:
1) The Retroactive Date must be shown and must be before the date of the
agreement.
2) Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the work or services.
3) If coverage is canceled or non -renewed and not replaced with another claims -
made policy form with a Retroactive Date prior to the date of the agreement, the
contractor must provide "extended reporting" coverage for a minimum of five (5)
years after completion of the work or services.
F) CYBER LIABILITY/BREACH $1,000,000
Yes 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.
Page 3 of 4 Schedule J Professional Services January 2023
City of Dubuque Insurance Requirements for Professional Services
Please be aware that naming the City of Dubuque as an additional insured as is required by this
Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code
sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent
form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 4 of 4 Schedule J Professional Services January 2023
THE CITY OF
Masterpiece on the Mississippi
Consultant Professional Services
Request for Proposal
Eagle Valley, Westbrook, & English Ridge Subdivision
Park Design, Development, and Construction
Management Services
City of Dubuque, Iowa
Issue Date: August 29, 2023
Closing Date and Time: September 18, 2023, 1:00 p.m. CT
Leisure Services Department
1157 Central Avenue
Dubuque, Iowa 52001-5016
1.0 INTRODUCTION
The City of Dubuque, Iowa 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 Iowa, adjacent to
Illinois and Wisconsin. As Iowa'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.org. The City Council goals and priorities are available online at
www.cityofdubugue.org/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
Eagle Valley
$266,620
3043000027
ARPA
Westbrook
$205,440
3043000028
ARPA
English Ride
$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, Iowa.
Westbrook subdivision park: 7601 North Westbrook Drive in Dubuque, Iowa.
English Ridge subdivision park: 253 Stone Valley Drive in Dubuque, Iowa.
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 11 x17" 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 Consultant's 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 Project 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://citVofdubugue.sharefile.com/r-rl35e3ae418ee459d8d012b131 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,
k.
Jared Charland
Project and Facilities Manager
City of Dubuque
Page 12 of 40
Eagle Valley, Westbrook, &
English Ridge Subdivision Park
Design, Development, and
Construction Management Services
City of Dubuque, Iowa
THE CITY OF
DUB3%FE
Masterpiece on the Mississippi
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 Iowa.
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 Iowa.
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, &
English Ridge Subdivision Park
Design, Development, and
Construction Management Services
City of Dubuque, Iowa
THE CITY OF
DUB E.
Masterpiece on the Mississippi
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, &
English Ridge Subdivision Park
Design, Development, and
Construction Management Services
City of Dubuque, Iowa
THE CITY OF
DUB E
Masterpiece on the Mississippi
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 Iowa, in accordance
with the current Code of Iowa.
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 Consultant 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, &
English Ridge Subdivision Park
Design, Development, and
Construction Management Services
City of Dubuque, Iowa
THE CITY OF
DUB E
Masterpiece on the Mississippi
Consultant Professional Services
Request for Proposal
August 29, 2023
Appendix D
Insurance Requirements
Page 22 of 40
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J
Consultant
1 _ shall furnish a signed certificate of Insurance to the City of Dubuque, lows 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_ Conlractors presenting annual certificates shall present a
certificate at the end of each project with the final billing. Each certificale shall be prepared on
the most current ACORD form approved by the Iowa Department of Insurance or an equivalenl
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 9 or Project
Location at or construction of
2_ All policies of insurance required hereunder shall bewith an Insureraulhodzed to do business in
Iowa and all insurers shall have a rating of A or better in the current A-M_ Best's Rating Guide.
3_ Each certificate 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_
6_ Contractors 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.
Contractors agree that they shall be liable for the failure of a subcvnsullant and sub-
subconsultant to obtain and maintain such coverages. The City may request a copy of such
certificates from the Contractor.
6_ All required endorsements shall be attached to the certificate_ The certificate is due before the
contracYagreernent can be approved_
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 contractor identifying and listing in writing all deviations and exclusions from the
ISO form.
a_ Contractors shall be required to carry the minimum coveragellimits, or greater if required by law
or other legal agreement, in Exhibit I. If the contractor's limits -of liability are higher than the
required minimum limits then the providers limits shall be this agreemenCs required limits.
9_ Contractor shall be responsible for deductibles and self -Insured retention for payment of all policy
prerrtiurns and other cost associated with the insurance policies required below_
10. Al certificates of insurance must Include agents name, phone number. and email address.
11. The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by this Schedule at any time.
12. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances dunng the term of the agreement, subject to
mutual agreement of the parties_
Page 23 of 40
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J (continued)
Exhibit I
A) COMMERCIAL GENCRAL LIABILITY
General Agg regale Limit $2,000,000
ProductsrCompleted Operations Aggregate Llmil $1,000,0cc
Personal arid Advertising Injury Limit 1.000,000
Each Occurrence $1,000,13130
Fire Damage Limit (any one occurrence) $50,OD0
Medical Payments $5,D00
1) Coverage shall be written on an occurrence, not claims made, form_ The general
liability coverage shall be written in accord with ISO form CC 00 01 or business
owners farm BP 00 02. All deviations from the standard ISO oommercial general
liability form CG 00 01. or business owners form I5P DO 02, shall be dearly
identified.
2) Include endorsement indicating that coverage is primary and non-contributory.
3) Include Preservation of Governmental Immunities Endorsement. (Sample
attached).
4) 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 andlor authorities and
their board members, employees and volunteers. Use ISO farm CG 20 26.
5) Policy shall include Waiver of Right to Recover from Others endorsement_
h) Policy shall include cancellation and material change endorsement providing
thirty (30) days advance written notice of Cancellation, non -renewal, reduction in
insurance coverage andlor limits and len (1 D) days written notice of non-payment
of premium shall be sent to: City of Dubuque Finance Department, 50 West 111'
Street Dubuque. Iowa 52001_
B) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned. non -owned, and hired vehicles. If the Corltmctor's
business does not own any vehicles, coverage is required on non -owned and hired
vehicles.
1) Policy shall include Waiver of Fight to Recover from Others endorsement_
C) WORKERS'COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter85_
Coverage A Statutory —Slate of Iowa
Coverage B Employers LlablNy
Each Accident $10D,D00
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Fight to Recover from Others endorsement_
Page 24 of 40
City of Dubuqus Insurance Requirements for Professional Services
Coverage g limits shall be greater if required by the umbrellalexcess insurer.
R
If, by Iowa Code Section 85.1k the Contractor is not required to purchase Wc?rkers'
Compensation Insurance, the Contractor shell have a copy of the tate's Nonelecticn of
Workers' Compensation or Employers' Liability Coverage form an file with the Iowa
Workers' Compensation Insurance Commissioners as required by Iowa Code Section
87.22. Completed form must be attached.
D) UMBRELLAIEXCESS LIABILITY S1,000.0m
The General Liability, Automobile Liabitlt'y and Workers Compensation Insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of
the primary policies it shall include the same endorsements as required of the primary
policies including but not limited to Waiver of Subrogation and Primary and Non-
contributory in favur of the City.
E) PROFESSIONAL LIABILITY $2,000.000
If the required policy provides claimsmade coverage:
1 ) The Retroactive Date must be shown and must be before the date of the
agreement_
2) Insurance must be rimintalned and evidence cf insurance must be provided far at
least five (5) years after completion of the work or services_
3) If coverage is canceled or non -renewed and not replaced with another claims -
made policy form with a Retroactive Date prior to the date of the agreement, the
contractor must provide "extended reportlrwy' coverage for a minimurm of five (5)
years after completion of the work or services.
Page 25 of 40
City of Dubuque Insurance Requirements for Professional Services
Please be aware that naming the City of Dubuque as an additional insured as is required by [his
Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code
sac_ 670.4. If you would Iike to preserve those immunities. please use this endorsement or on equivalent
form -
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1 _ Xonwaiver of Governmental Immunity_ The Insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, lows as an Additional Insured does not waive any
of the defenses of governmental immunity avallable to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time-
2- Claims Coverage_ The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 670A as it
now exists and as it may be amended from time to time_ Those claims not subject to Code of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3_ Assertion of Gorvernment Innmunitl+_ The City of Dubuque, Iowa shall be respo"Ibre 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. felon -Denial of Coverage_ The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the nghts and benefits accruing to the Clty of Dubuque, Iowa under this policy for
reasons of gvrremrnental 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. lows.
No Other Change in Policy_ The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy_
SPECIMEN
Page 26 of 40
Eagle Valley, Westbrook, &
English Ridge Subdivision Park
Design, Development, and
Construction Management Services
City of Dubuque, Iowa
THE COF
DtUB E
Masterpiece on the Mississippi
Consultant Professional Services
Request for Proposal
August 29, 2023
Appendix E
Project Related Data
Page 27 of 40
gush Fi
w
N
200
Fed
A 0
41
TRAILS EDGE PR %
s
I
I ft, 11,',1 Pork W.p (,ryP.,kM",
. — 1:21 M23 Al
M
0
r � i
L UALU EAGLET A
f -
TIN
Or low
N ri—rSn LPmk, Illy Pork lisps C,ry P.,i Milp-px
[W. a—d 1'21,AM3 7II Ph4
i
0 100
i I I h r
Feel
Page 30 of 40
CITY OF DUBUQUE
CONCEPT A
5-21-2012
CITY OF DUBUQUE
CONCEPT B
5-21-2012
IL
LU
co
40
LU
ui
Z
�3
!}
D
r
j�a
r n
Z
NFI
�
r4
n
Q
u
rage 5,5 or 4u
Nit
Ot
4cc LL)
C
LL
�
> C)
w �
ZZ
LU
00
C%i
CL 0L .
Z�
�
ui
}
LU
Imo$
m
z
LU
§� ƒk
k
m oz
z
U/
1-4
Page 34 of 40
Eagle Valley, Westbrook, &
English Ridge Subdivision Park
Design, Development, and
Construction Management Services
City of Dubuque, Iowa
THE C
DUUB--*-F-E-E-
Masterpiece on the Mississippi
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 mechanics 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 paragraphs (1) through LQ 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-program
(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