Fleet Fueling System Design of Replacement — Request to Release Request for Proposals Copyrighted
April 15, 2024
City of Dubuque Consent Items # 016.
City Council Meeting
ITEM TITLE: Fleet Fueling System Design of Replacement— Requestto Release
Request for Proposals
SUM MARY: City Manager recommending City Council approval to release a Request
for Proposals (RFP) and evaluate responses for the fleet fueling system
on Kerper Blvd.
SUGGESTED Suggested Disposition: Receive and File;Approve
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Memo: Request to Release Fuel Island Request for Staff Memo
Proposals
RFP: Request to Release Fuel Island Request for Supporting Documentation
Proposals
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Fleet Fueling System Design of Replacement — Request to Release
Request for Proposals
DATE: April 9, 2024
Public Works Director Arielle Swift is recommending City Council approval to release a
Request for Proposals (RFP) and evaluate responses for the fleet fueling system on
Kerper Blvd.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Arielle Swift, Public Works Director
T'HE CITY OF Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Arielle Swift, Public Works Director
SUBJECT: Fleet Fueling System Design of Replacement — Request to Release
Request for Proposals
DATE: April 2, 2024
INTRODUCTION
The purpose of this memorandum is to request approval to release a Request for
Proposals (RFP) and evaluate responses for the fleet fueling system on Kerper Blvd.
BACKGROUND
In January of 2024, Dubuque experienced over 24" of snow within a week. During this
heavy and continuous snowfall, the module for the fuel island quit working. Our current
system is antiquated and Public Works has a Capital Improvement Project (CIP) ready
to 2030 to replace the fuel island pending and RFP in 2026.
DISCUSSION
With the fuel island already needing a rehab/replacement in 2030, and the relatively
mild winter we have had, we are recommending moving forward with this RFP to design
the rehabilitation of our current Fuel Island using remaining winter operations related
budget dollars.
The Review Committee for the proposals includes the following:
Amy Scheller, Fire Chief
Arielle Swift, Public Works Director
Nusrat Nawshin, Data Scientist
Tony Steffen, Senior Network Administrator
Ken Miller, DMASWA Administrator
Steve Fehsal, Parks Manager
Joe Messerich, Assistant Police Chief
Jon Dienst, Civil Engineer II
Darrin Homb, Water Distribution Supervisor
We request to release the attached Request for Proposals in accordance with AP 3.09 —
Services Procurement.
This project will be funding with remaining FY2024 snow and ice budget. The total
project could cost upwards of$750,000 to complete, depending on the needed
rehabilitation.
ACTION REQUIRED
I am requesting approval to release a Request for Proposals (RFP) and evaluate
responses for the fleet fueling system on Kerper Blvd.
CC: Tom Kuhle, Fleet Maintenance Supervisor
Tony Breitbach, Purchasing and Risk Manager
Jennifer Larson, Chief Financial Officer
Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
Enclosure(s): Request for Proposals
Dubuque
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CITY OF DUBUQUE
PUBLIC WORKS DEPARTMENT
REQUEST FOR PROPOSAL
Fleet Fueling System Design of Replacement
Project # 54299 -811
City of Dubuque, lowa
April 16, 2024
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1_0 INTRODUCTION
The City of Dubuque, lowa is soliciting competitive proposals, from qualified consultants to
design the replacement of the City of Dubuque's Fleet Fueling System.
After a professional services agreement is negotiated, the City anticipates the Consultant
will immediately begin the design work and assist city staff in preparation of bidding
documents, assist the City through award phases, and, perform supervision of the work, as
requested.
The selected Consultant will be expected to complete the scope of services under the general
direction and coordination of the City's Public Works Department, as authorized by the City
Manager.
2_0 PROJECT SCOPE OF SERVICES
The Scope of Services for the project may be divided, truncated, phased, or expanded at
the sole discretion of the City of Dubuque. The proposal shall outline the means and
methods by which the Consultant will provide the Scope of Services identified herein.
2_1 Project Management
2.1.1 The Consultant shall designate a Project Manager who will work with and
coordinate with the City's Project Manager for this project. This will provide a
single point of contact between the City and the Consultant. The Consultant's
Project Manager shall serve as the primary point of contact for all exchange
of information between the City related to the items listed under the
Consultant's Scope of Services.
2.1.2 Task List: The Consultant's Project Manager shall maintain an updated, Work
Breakdown Structure (WBS)/task outline for the duration of the project. The
WBS shall contain line items for all major deliverable components of the
project and any significant subcomponents along with the budgeted amount
of the fee associated with each task listed. Project Management shall be listed
as a separate task on the WBS. The Consultant's Project Manager shall track
on the WBS the amount of work accomplished for each task that is listed. A
copy of the WBS shall be submitted to the City on a monthly basis by electronic
mail or as necessary to facilitate the project.
2.1.3 Schedule: The Consultant's Project Manager shall maintain an updated critical
path project schedule for the duration of the design phase based on the tasks
listed in the WBS. An updated electronic copy of the project schedule should
be submitted once a month. This submittal is required during the duration of
the project.
2.1.4 Budget: The Consultant's Project Manager shall coordinate with the City to
maintain an updated Total Project Cost (TPC) budget for the duration of the
project. The budget shall include estimated consultant and vendor fees,
Page 2 of 22
construction costs, and all direct costs and reimbursable expenses for the
Consultant, subconsultants, and the City.
2.1.5 Progress Report: During the project, the Consultant's Project Manager shall
submit to the City a bulleted report for the project on a monthly basis. The
summary shall only contain a list of what was accomplished during the
previous period, what is expected to be accomplished in the next period, scope
changes, budget status, schedule status, issues and concerns, and input
needed from the city. The summary shall be submitted by electronic mail and
be approximately a single page in length.
2.1.6 Site visits and Consultations: the Consultant's Project Manager and design
team shall meet with City representatives to review project scope and
complexity, design criteria, related requirements, view existing conditions,
gather additional data from the City files and previously prepared reports.
Additional consultations shall, where necessary, clarify the technical
requirements and objectives of the design contract.
2.1.7 The Consultant shall have a formal written Quality Assurance/Quality Control
program in place for the full duration of the project. The written program will
be submitted to the City at the project kick-off meeting for review. Upon
request from the City and at any time throughout the project, the Consultant
shall provide documentation to the City that verifies the QA/QC program is
being actively utilized and followed.
2_2 Design & Project Documentation Preparation
2.2.1 The Consultant will provide a topographic survey of the project site. All drawing
information shall be in AutoCAD 2020 or newer format.
2.2.2 The Consultant will prepare construction drawings for the complete design of
the improvements as mentioned in the project statement. To the extent
possible. The specifications will utilize the City of Dubuque Standard
Specification (SUDAS) and the City's Supplemental Specifications.
2.2.3 The Consultant will prepare the general and technical specifications for the
components identified under 2.2.2. The front-end documents will utilize
standard City of Dubuque contract documents.
2.2.4 The Consultant will coordinate with all regulatory agencies, apply for, and
obtain all required permits to complete the project.
2.2.5 The Consultant will prepare a detailed cost estimate for the project, utilizing
the City's standard Project Workbook.
2.2.6 The Consultant will prepare the final construction documents, incorporating all
addenda.
2.2.7 The scope of services is subject to change and prioritization amendments
Page 3 of 22
following discussion and clarification upon the successful hire of the
Consultant. The City prepares an annual budget which is subject to change
based on available funds and emergency projects which occur from time to
time. The Consultant will prepare the general and technical specifications for
the components identified within the Scope of Work. The front-end documents
will utilize standard City of Dubuque contract documents.
2_3 Bidding
The Consultant will be the primary point of contact during bidding. Addenda related to the
Consultant's Scope of Services will be developed by the Consultant and published by the
City. The Consultant will assist the City with evaluating the bids and will provide a written
recommendation of award.
2_4 Project Schedule
April 16, 2024 RFP Issued
May 1, 2024 Proposals Due
May 6, 2024 Selection of the Consultant
May 21, 2024 Award of the Contract
May 31, 2024 60% Design Plans and Specifications for regulatory review
June 26, 2024 Plans and specifications complete
August 5, 2024 City Council - Initiate Bidding and set public hearing
August 7, 2024 Advertise for Bids
August 19, 2024 City Council Public Hearing
August 20, 2024 Receive Bids
September 2, 2024 City Council —Award construction Contract
September 3, 2024 Issue Notice of Award
September 4, 2024 Issue Notice to Proceed
September 5, 2024 Construction Start
October 31, 2024 Substantial Completion
November 21, 2024 Project completion
2.5 Construction Administration
2.5.1 Review and approve shop drawings and samples, the results of tests and
inspections and other data which the contractor(s) is required to submit for
conformance with the design of the project and compliance with the
information given in the final plans and specifications and the contract
documents; determine the acceptability of substitute materials and equipment
proposed by contractor; and receive and review maintenance and operating
instructions, schedules, guarantees and certificates in accordance with the
final plans and specifications and contract documents.
2.5.2 Make weekly site visits to observe, as an experienced and qualified design
professional, the progress and quality of the executed work and to determine
if the work is proceeding in accordance with the final plans, specifications and
the contract documents. The Consultant's efforts will be directed toward
providing assurance for the City that the completed project will conform to the
Page 4 of 22
final plans and specifications and to the contract documents. During such visits
and on the basis of its on-site observations, the Consultant shall determine the
progress of work for monthly progress payments, endeavor to guard against
defects and deficiencies in the work of the contractor(s), notify the City of any
observed defects or deficiencies in the work of the contractor(s), and shall
disapprove or reject work as failing to conform to the final plans and
specifications or contract documents. Develop and provide change orders to
the City, for execution with the contractor(s).
2.5.3 Develop monthly Progress payments utilizing the City's Standard Project
Workbook.
2.5.4 At the end of the project an as-built survey of the improvements will be
completed by the Consultant and provided in an AutoCAD 2020 format to the
City. Additionally, two copies of printed as-builts on 11"x17" paper will also be
presented to the City.
2_6 Construction Inspection
2.6.1 Provide a separate budget amount for full time construction inspection of the
items identified in the scope of services for design. Material and density testing
will not be part of this contract. The City may elect to eliminate construction
inspection from the scope prior to award
3_0 COMMUNITY BACKGROUND
The City of Dubuque is located on the Mississippi River in northeastern lowa, adjacent to
Illinois and Wisconsin. The City is approximately 30 square miles in area, with a
population of approximately 60,000 people. The City's annual operating and capital
budget is nearly $108 million and funds a full range of services. The City's web site is
www.cityofdubuque.orq.
The community has a stable and diversified manufacturing base and a growing service
sector. The City of 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 government works in collaboration with the private sector to promote economic
development.
4_0 CITY RESOURCES AVAILABLE TO SELECTED VENDOR
4.1 - Requesting Use of City Resources for Preparation of the RFP Response
All information requests shall be directed to the City's Project Manager as detailed in
Section 6.0 of this Request for Proposals. All Consultants should note that directly
contacting other City of Dubuque staff or any of the Selection Committee members
Page 5 of 22
shall be considered inappropriate and grounds for disqualification.
4.2 - Material Available for the RFQ Response
• GIS Map of the project area showing utilities
4.3 - City Resources Available to the Consultant for use During the Project
• The City will make staff contact/resources persons available in the Engineering
Department, Public Works Department and Water Department.
• Access to the City's GIS database that includes aerial photos, contours, and city
utility data in the project area.
• Access to the City's Website: http://www.cityofdubuque.orq
• Access to the Consent Decree:
http://www.cityofdubuque.org/documentcenter/view/24815
5.0 INFORMATION TO BE INCLUDED IN PROPOSAL
The proposal should address all aspects of the required scope of services discussed in
this RFP. 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 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.
5.1 Letter of Transmittal
Provide a letter of transmittal briefly outlining the Consultant's understanding of the
project and list the Project Manager's name, address, telephone number, fax
number and e-mail address. The name that is provided for the Project Manager
will be used as the primary contact during this RFP process.
5_2 Index
Each proposal shall contain a table of contents that delineates each section
contained in the proposal and the corresponding page number.
5_3 Profile of Proposer
Provide general background information about the Consultant and its areas of
expertise as they relate to this RFP. Include information about the key project team
members who will be assigned to the project and their areas of expertise that will
be utilized on the project. Include a flow chart that shows the communication path
between the city and key project team members. Include all project team members
on the flow chart and show the supervisory relationship between all members of
the team.
Page 6 of 22
5_4 Proposed Project Team Qualifications
Describe the experience and success of the Consultant and key personnel
proposed for this project in perForming similar projects. Specifically include any
experience and success the firm or key personnel have in working on fleet
maintenance operation assessments and municipal operation assessments.
Include at least three (3) client references (including individual contact name and
telephone numbers) from similar projects that have been completed in the last five
(5) years and the list the names of project team members proposed for the City of
Dubuque project who have worked on the referenced projects.
Describe the name and location of other sub-contracting firms that would be used
by the Consultant during the project. List the approximate percentage of the
services that would be perFormed by each of these firms. Briefly describe any
relevant experience and qualifications of the subcontracting firms.
5.5 Quality Assurance/Quality Control
As a part of the proposal, specifically describe the quality control process that will
be used throughout the project. The City expects that the majority of the QA/QC
process will be perFormed by someone who is not an active member of the
Consultant's design team.
5.6 Scope of Services
Describe the means or strategy by which the Consultant would satisfy the Scope
of Services. Include a copy of the completed Work Breakdown Structure (WBS)for
the project and clearly identify the services which the Consultant will provide as
main consultant and any services provided by sub-consultants. Only mark services
that are included in the proposed fee.
5.7 Proposed Project Schedule
Provide a project schedule outlining the time period and estimated completion date
of the proposed Scope of Services. This should include a schedule and description
of all deliverable reports/documents throughout the project.
5.8 Understanding of Final Contract Terms
The Consultant should provide a statement that indicates the Consultant has read
and understand Appendix C — "City of Dubuque Contract Terms and Conditions",
and agrees 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 Proposal.
5.9 Certificate of Insurance
The Consultant will be required to meet the City's insurance requirements for
professional services. (See attached Insurance Schedule J/Appendix C.)
Page 7 of 22
5.10 Sustainable Dubuque Initiatives
In 2006, the Mayor and City Council identified Sustainability and Green City
designation as a top priority. Since then, the city has been working on numerous
projects to help implement this priority as listed on the website
http://www.sustainabledubuque.orq. The Consultant shall follow the Vision
Statement and eleven sustainable principles on this City of Dubuque project.
5.11 Federal Consent Decree
All potential contractors and consultants to the City of Dubuque that perform work
that may apply to or impact the cities sanitary sewer collection system shall sign
the "Certification by contractor or consultant" Consent Decree
http://www.cityofdubuque.orq/DocumentView.aspx?DID=3173 or a hardcopy can
be provided upon request. The Consultant is required to review the Consent
Decree and comply fully with its terms and conditions.
5.12 Fees and Compensation
Provide the Fee Schedule, in a separate envelope titled "Consultant Cost
Estimate for Fueling System Design Replacement— FEES", inserted with the
requested Consultant profiles, for the Consultant and all listed sub-consultants.
Quotation of fees and compensation shall remain firm for a period of at least 60
days from the RFP submission deadline.
Page 8 of 22
6.0 PROPOSAL QUESTIONS AND ANSWERS
From the date of issuance of the RFP until final City action, the Consultant shall not discuss
the RFP with or contact any other City of Dubuque staff or any of the Selection Committee
members except as expressly authorized by the City's designated Project Manager,
identified in this section Section 6.0 for this proposal. Violation of this restriction will be
considered a violation of the rules and be grounds for disqualification of the Proposer's
proposal.
If the Consultant has any questions concerning this proposal, or other technical
questions, please submit requests to the City's Project Manager by email. The Project
Manager will contact staff and issue addenda or clarifications to the RFP as needed. The
City has used considerable efforts to ensurean accurate representation of information in
this RFP. The Consultant 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 RFP must be received by email before 09:00 a.m. CST on
April 26, 2024. Any inquiries received after this date will not be answered. When submitting
a question to the Project Manager, please include the appropriate Consultant contact
information.
Contact information is as follows:
Arielle Swift, Project Manager
City of Dubuque
Public Works Department Phone 563.589.4344
925 Kerper Court E-mail: aswift@cityofdubuque.org
Dubuque, IA 52001
Page 9 of 22
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 Consultant will rely.
PROPOSAL SUBMITTAL INFORMATION
■ Submittal Deadline: May 1, 2024 on or before 12:00 p.m. (CST)
■ Submittal Location: City Clerk's Office
50 W 13t" Street,
Dubuque, IA 52001
■ Submittal Contact: Public Works Department
Arielle Swift, Project Manager
925 Kerper Ct
Dubuque, IA 52001
■ Submittal Copies: Proposal: One (1) hard copy
Fees: One (1) hard copy
Submit one (1) signed hard copy version of the proposal labeled Fleet Fueling System
Replacement Proposal and one (1) signed hard copy version of the fees labeled Fleet
Fueling System Replacement Fees. Submitted proposals must be delivered in
electronic .pdf format. No physical, faxed, or e-mail proposals will be accepted. The
proposal must be a document of not more than twelve (12) numbered 8- 1/2 x 11-inch
pages, not including the letter of transmittal, index, project schedule, dividers, and the front
and back covers. Proposals should not include any pre-printed or promotional materials.
Any proposals exceeding 12 numbered pages may not be considered.
The proposals shall be signed by an officer of the Consultant who is authorized to legally
bind the Consultant 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 sixty (60)
calendar days from the proposal closing date is required.
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 Consultant. The City
of Dubuque will not be responsible for any loss or delay with respect to delivery of the
proposals.
The City of Dubuque is not liable for any cost 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 the firms in responding to this RFP and those not specified in any
contract. All results from this project will remain the property of the City of Dubuque.
Thank you for your consideration and interest in the project.
Page 10 of
Sincerely,
Arielle Swift
Public Works Director
City of Dubuque
Page 11 of
APPENDIX A— CONSULTANT EVALUATION AND SELECTION PROCESS
INITIAL EVALUATION CRITERIA
Proposals will be screened to ensure that they meet the minimum requirements of the
proposal format. A Selection Committee of City of Dubuque personnel will review
qualifying proposals and select proposals 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. The Consultant's level of professional competence and a proventrack record in:
❑ Environmental Protection Agency requirements for fueling systems;
❑ Structural design of fueling systems; and
❑ Municipal capital improvement projects in lowa.
2. The Consultant's experience working together on similar projects.
3. The quality of the proposal based on the:
❑ Demonstrated understanding of the City's overall objectives;
❑ Approach/methodology in completing scope of service;
❑ Level of interest;
❑ Knowledge of the project and site;
❑ Proposed schedule; and
❑ Ability to demonstrate initiative and motivation.
CONSULTANT SHORT-LIST EVALUATION CRITERIA
The Selection Committee may choose to interview none, one, or all the short-listed firms.
If interviews are held, both the original submitted proposal and the results of Consultant
interview may be used to evaluate consultants. In addition to the evaluation criteria listed
above, interviews will be judged on the following:
❑ Consultant's responsiveness and compatibility with the City;
❑ Consultant's general attitude and ability to communicate;
Page 9 of 22
❑ Ability of the Consultant to communicate ideas through prepared documents and
presentations;
❑ Ability of the Consultant to listen, be flexible, and follow and/or implement direction
and/or ideas or concepts;
❑ How the Consultant team would interact with the general public, City staff, and
public officials; and
❑ Proposed fee in relationship to the services offered.
Should the City conduct interviews, they will be conducted in a condensed format in an
effort to save time and costs associated with interview preparations. The format will
consist of two (2) - 15 minutes segments. The first segment will be for the Consultant to
make introductions of its team, describe the Consultants understanding of the project, and
to discuss the Consultants proposed schedule. The second segment of the interview will
be for the Selection Committee members to ask questions of the Consultant. The
Consultant may bring a display board for use during the interview. No power point
presentations or handouts will be allowed.
The City may also review direct and indirect references of previous work products. The
City may utilize site visits or may request additional material, information, presentations
from the Consultant submitting the proposal.
SELECTED CONSULTANT FEE NEGOTIATION PROCESS
Upon the successful completion of the Consultant evaluation process, the Selection
Committee will recommend to the City Manager or City Council, the awarding of a contract
to the highest ranked Consultant. The City's Project Manager will also request authority to
negotiate with the recommended Consultant a final Scope of Services and fee structure for
the project.
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 in turn make a decision 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 monthly. The
invoiced amount shall be based on the Earned Value of the percent work completed and
accepted by the City.
End of Appendix A
10 � Page
APPENDIX B — RFP RULES AND PROTEST PROCEDURES
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 Consultant an advantage or benefit not
enjoyed by other Consultants.
EXCEPTIONS
Proposed exceptions to any part of the requirements stated in this request by the
Consultant must be clearly identified as exceptions and noted in the transmittal letter
and in the submitted budget.
RANKING OF THE PROPOSALS
No debriefings or scoring information shall be released before the City Manager has
recommended a contract be negotiated with the recommended firm. However, after
said authorization has been given, all contents of the selected proposal 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,
at 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 Consultant 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. The written dispute shall be sent via certified mail or delivered in person to
the point of contract 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.
End of Appendix B
11 � Page
APPENDIX C — INSURANCE REQUIREMENTS
Ciky of Uubuque Insurance R�quirements f�r Pr�fessianal�ervices
IN�URAN�E S�HEDULE J
1. � shall fumish a signed cerk�ficake of insuranc�ko ihe�ity of Dubuque, lowa for
ihe coverage requir�d in ExhibiC I prior ta aaommencing w�ork and alih�end of ihe prajecl if Ihe
t�rrn of work is lon�er than E�4 daps_ �onlra�lors pres�enUn� annual cerUfi�at�s shall �resent a
cerUfi�at�at the end af�ach praje�l wilh the final billing. Each�ertificale shall b�pr�pared an
the rnosl current l��OR�forrn approve�d by the Ivwa Departmenl of Insuran��ar an�quiwalenl
apprmre� by the Dire�tor vf Finance and Budg�i. Eaeh oertificale shall in�lude a stat�m�nl under
D�s�rip4an of Op�rations as la why Ih�c�rtificate was issued. Eg: Pr�ject# or Project
La€a4an aC or construcCion of
�. All pali�i�s of insuran�e required h�reun�er shall be with an insurer aulhari�ed lo da business in
I�wa and all insurers shall have a rating of A ar betler in the�urrenl A.h�i_ Best's RaUn� Guide.
�. Ea�h oertificai�shall be fumished lo the Finanoe bepartmenl af Ihe�ity af bubuqu�_
�. Failure ta provide coverage required by this Insuran�e Schedule shall not be de�m�d a waiwer of
these requiremenCs by the�iCy of Dubuque. Failure Ca abtain ar rnainlain the requir�d�nsurance
shall be oansidered a rnaC�rial breach of ihis agreernenC_
�_ �anlraclars shall require all subcansultanis and sub�ubcansultants t�oblain and rnainlain�uring
the��rfvrmance af warl�insurance for the oawerages described in this Insuranoe �chedule and
shall obiain cerUficat�s of insuranoes fram all su�h subconsullants and sub-suboonsulls�nls.
�anlraclars a�re�e ihat Ihey shall be liable for the failur�of a subcs�nwllant and sub-
suboonsullant ta abiain and maintain such oowera�es. The Cily rnay request a copy vf su�h
cerldicates frorn lhe�ontract�r.
6_ AJI required endorsem�nls shall be altached Ca Ihe cerl�fEcaCe. The cerl�ficaCe is due b�fore Ihe
contractlagreern�ni can be approv�d.
7_ Wh�nev�r a specific I�O farm is listed, r�quired Ih�current ediUan flf Ihe forrn mUsl be used. ar
an equiwal�nt forrn may b�subsiituted d appraWed by lhe�ir�ciar af Finan��and BUdgel and
subjecl ta Ihe cantract�r id�niifying and listing in writing all d�via4vns and exclusions fram Ih�
IS�forrn.
�. �anlra�lars shall be reqwred ta�arry Ihe rninirnum �overage�lirnits,�r gr�aCer d required by law
or olher legal agreemenC, in Exhibil I_ If the conCracCar's IirniLs af IiabiliCy are higher than the
required minimum I�rniCs ihen Ihe prowider s limits shall be this agr��m�nl�s required lirnits_
�_ �anlra�lar shall be responsible for dadu�Ubles an�self•insured relention far payrnent of all palicy
premiurns and ather cosl assacaated with Ihe insuranoe polici�s requir�d below_
1�. All oertificates of insurance musl in�lude a�ents narne, phone number. and email address.
1 1. The�ity of Dubuqu� r�serves Ihe righl Ca require camplete, cerCified c�pies�f all requ�red
insurance palici�s. including endarsements, required by this�chedule at any Cime.
12. The�iiy af Dubuqu� r�serv�s Ihe righ�ta rnadif+�th�se requirern�nts. including limils, based an
changes in ih� risk�r�iher spe�ial �ircumstan�es dunn+� the t�rrn of the agreement,subject lo
mutual a�reement of the parli�s.
12 � Page
Cik}r of Qubuque Insurance R�quirements for Profession�l�ervices
IN�IlRAN�E ��HEDULE J �con#inued�
��r������
A} �OMMERCII�L CENERAL LIABILITY
�eneral Aggr�gake Limil $�,4�b.Q0�b
Producis-Corn�leled Op�rations Aggregate Limil �1,��O.QQ�d
Persvnal and Adv�rtising Injury Limd �1,��O.QQd
Each Occurrence �1,DOQ.QQ�
Fire Damag�Limit(any an�axurrenoe) �SQ,OQd
Medical Paymenls $��000
1� Covera��shall be wniten on an oocurrenoe, not�lairns mad�, forrn_ Th�general
habdity�average shall be wnit�n in aoaord with I��forrn���0�1 ar business
awn�rs farm BP�Q Q�.All deviations fram th�standar� I�O oammer�ial general
habdity forrn����01. or busin�ss vwners forrn BP QO�2,shall be cle�rly
identified.
�) In�lude�ndarsern�nt indicating Ihal cov�ra�e is primar+�and n�n-cantributary_
�) In�lude Pr�servation of Gawernmental Irnrnuni�es�n�orsemenl. �Sample
aitached�.
d) In�lude additional insured en�arsemenl far:
The Cily�f Dubuque. including all its elacte,d and appoinied afficials, all ils
employees and aolunle�rs. all its b�ards. commissians an��or aulharities an�
Ch�ir ba�ard mernbers, employe�es and valunte�ers. Use I�O farm �G 2Q��.
�) Policy shall inGude ti!�laiver of Ri�hl lo Reoawer from �Ihers�ndarsement_
6) Policy shall include can�ellation an� material chan�e endorsemenl providing
thirty(�)�aps advanc�writlen nolice of cancellati�n, nan-ren�wal. reductian in
insuran��cmr�rag�and�ar limils and len{10}days wniten noti�e of non-paymenl
of�remium shall be senl to: Cdy af�ubu�ue Finan�e Gepartment, 5Q ti!�lest 1�"'
�tre�et Dubuque. lawa 52�01_
B� AUTOM�BILE LIABILITY
�am bined S�n+�le Li m it �1,��0.QQ�
�ov�rage shall in�lude all awned. non�wn�d,and hired v�hi�les. If the Cantractar's
business does nol own any vehi�les,oawera�e is reqwred�n nan-owned an� hir�d
aeh icles.
1� Policy shall inelude ti!�laiver of Ri�hl lo Reaawer from Qlh�rs�ndarsement_
�� Y4�ORKER�' COMPEN�ATION � EMPL�YER�LIJ�BILITY
�tatutory Benefits cov�ring all employees injured on Ihe job by a��i�ent or d�.sease as
prescribed by lowa Code Chapter��_
�ov�rage,4 �tatutary—�laleoflouva
�ov�rage � Employ�rs Liability
Ea�h.4o�ident $10Q.Qd�
Ea�h Emplayee-Diseas� �10Q.Q0�
�ali�y Limit-Disease �50Q.Qb�
Polic�shall include tiNaiver of Ri�hl ta Recover frorn Oth�rs�ndarsern�nt_
13 � Page
Cik��f a�,Buqu�Ir�s�,r�r��� R��uir�ment� Ti�r Pr�f�s�i�r��l �ervi���
�av�rag� �l imds shall be�rea t�r if req uire�d by th� um6rellalex�ess i nsu r�r.
�R
If, by Iowa �ade �eckion 85.1,� kh���nkrackor is n�t reqwr�d t��urchas� 1�1�rk�rs'
�ampensation Insurance, th� �antra�tor shall hawe a capy �f the�tai�'s Non�le�ti�n ot
tif�l�rkers' �omp�nsalion �r Ernploy�rs' Liabil ity �`.�.ivera�e f�rm an fi le wi Ch Uie lowa
V�l�rkers' �omp�nsalion Insuranc� �ommissi�ner. as required by lowa �od� S�ection
87_�2. ��mpleted forrn musl be altached.
�� UM�F�ELLa41E�[CE�� LI�4BILITY 51,���.��b
The�en�ral Liability,Aulornvbil� Liability and til�l�rkers�vmpensation Insuran��
requir�m�nls ma� be satisfied with a oambina4an�f �rimary arrd Umbrella or Excess
Liabihly Insuran�e. If ih� Umbr�lla vr Ex��ss Insuranc�p�oli�y d�es n�t f�llow th�fvrm �f
ihe primar+� poliei�s. it shall includ�ihe sarne endars�ements as required �f the primary
pah�i�s including but not lirnit�d Ca 1�aiv�r�f�ubrogation and Primary and Non-
conCribU�ory in favor�� Ch� �d+�.
E} pROFE��IONl4L LIABILITY ��,���.Q�d
IFihe reqwre�d policy �r�wides�laims-made�rnrerag�:
1) Th� I�elroa�tiv� Dale musl be shvv�n and rnust be befare the date�f the
agreement_
�) Insuran�e must b�e maintained and evi�en�e�f insurance musl be prrnride� f�r al
IeasC fiwe ���years afler compl�ti�n af the w�rk�r s�rrices_
�) It oawera�e is can�ele�d ar non-renew�d and nol replaced with an�ther�laims-
mad� p�oli�y�orrn with a R�tro�a�4ve Dat��rior l� th��ale of th� a�re,ement,th�
�onlra�lor musl provi�e "ext�nd�d r�p�ariing'�rnr�rag�far a rninirnum �f five �5)
y�ars afier�ompl�tion af the wark ar serui+�es.
F� �Y�ER LI,4�ILITYlBREACH �1,���.QQ�
X Y�s No
�av�rag�fvr Firsl and Third Party liabihly in�ludin� but n�t limit�d t� losl�als� and
resloraCian, loss o( in��me and eyb�r br�ach af inf�rmation.
14 � Page
Ciky�f D�Buqu�Ins�r�r���R�quir�ment�f�r Pr�f�s�i�r��l�ervi�ea
Pl�as�be aware that naming th� Ciiy vf Dubuque as an a�ditional insured as is required by Ihis
Insuran���ch�dule may result in Ch�waiv�r of the�iCy's g�wernmenlal immundies pr�aided in lawa �od�
se�. 67�.4. If yau would lik� Ca preserve thas� immunities, pleas� use this en�ors�menl�r an equivalenl
farrn_
PF�E�EF�II�4Tl�N OF ��1#EF�NIUIENT�4L IMMUNITIE� END�R�EME�IT
1. N�nwaiWer of�av�mrn�nial Immunitv_ Th� insur�r expr�ssl}�a+�rees and siaies thai kh��urchase
of ihis p�hcy and th� including af the �ily af Dubuque, I�wa as an ,Addilianal Insured�a�s n�i waiv�any
of ihe d�f�nses of�o�r�rnmental immunity a�railable lo the�ity af Dubuque, lawa under Cad�af I�wa
�ecCion 6T�.�as it is now exisls and as iC may b�am�nded from 4me lo time_
�. �lairns��verag�_ Th�insurer fur-U-r�r agrees IhaC this policy caf insurance shall cov�r anly thos�
clairns nat subjecl to khe d�fens�af�overnmental immunity und�r Ihe�ode of lowa�er:tian�7Q.4 as it
n�w exists an�as ii rnay be amended frorn time t� tim�. Thvs�clairns nat subjecl to�'.�ode af I�wa
�ection 67�.�shall be cavered by ihe terms and con�i4ans of Ihis insurance pahcy.
�. Asseii}an of GovernmenC Immunitv_ The Cily af�ubuque, lawa shall be r�sponsible far ass�rting
any detense�f goaernm�nlal irnmunity,and may da sa aC any 4rn�and shall da so upon the timely writC�n
re�quest of th� insur�r.
�. N�n-Den�al of��v�ra�e_ Th� insur�r shall nol�eny�overage under this p�lic�and the insurer
shall n�i deny any af ihe nghis and ben�fits a+�crwn� Ca Ih��ity of�ubuque, Irnn�a under this policy far
r�asons af govemrn�ntal immuniky unless and until a�ourl�f�ampelenC jurisd�tian has rul�d in favvr of
Ih�def�nse(s�af�ovemrn�nial irnrnunily asserled by lhe�ity ot auauque, Iowa.
N� Olher�hange in Palicy_ Th�abov� pr�servation af�ov�rnmenta.l immunities shall nol aiherwise
chang��r aller lhe coverage avadable under Ihe poli�y.
End of Appendix C -
15 � Page
APPENDIX D — CONTRACT TERMS AND CONDITIONS
The following clauses shall be included in the final signed contract:
1. CONSULTANT'S ENDORSEMENT ON PLANS.
The Consultant shall endorse the completed computations prepared under this Agreement
and shall affix thereto the seal of a licensed professional engineer, or licensed professional
architect, licensed to practice in the State of lowa, in accordance with the current Code of
lowa, if applicable.
I
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 at all times during the performance of this Agreement provide insurance
as required by the City Insurance Schedule contained in Appendix C.
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 bya party indemnified hereunder.
6. ERRORS & OMISSIONS.
In the event that 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.
16 � Page
7. OWNERSHIP OF WORK 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 Consulfant. 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 Public Works
Director and approved by the City.
End of Appendix D
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