Fleet Maintenance Operations Assessment — Request to Release Request for Proposals Copyrighted
April 15, 2024
City of Dubuque Consent Items # 017.
City Council Meeting
ITEM TITLE: Fleet Maintenance OperationsAssessment— Requestto Release
Request for Proposals
SUM MARY: City Manager recommending approval to release a Request for
Proposals (RFP) and evaluate responses for the assessment of staffing
and operations within Fleet Maintenance activities. This project has an
approved funding of$30,000.
SUGGESTED Suggested Disposition: Receive and File;Approve
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Request to Release Fleet Assessment RFP Memo Staff Memo
Request for Proposals:: Fleet Operations Assessment Supporting Documentation
Dubuque
THE CITY QF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Fleet Maintenance Operations Assessment — Request to Release
Request for Proposals
DATE: April 8, 2024
Public Works Director Arielle Swift is recommending City Council approval to release a
Request for Proposals (RFP) and evaluate responses for the assessment of staffing
and operations within Fleet Maintenance activities. This project has an approved
funding of $30,000.
The city-wide fleet is ever changing, and as we move forward, Fleet Maintenance
activities need to assess where the fleet is heading and where it lies within Imagine
Dubuque and the Climate Action Plan. Some of these changes over the last 20 years
include alternative fuels, expansion of fleet, training regulations, and staffing levels that
have remained static.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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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 Maintenance Operations Assessment — Request to Release
Request for Proposals
DATE: March 4, 2024
INTRODUCTION
The purpose of this memorandum is to request approval to release a Request for
Proposals (RFP) and evaluate responses for the assessment of staffing and operations
within Fleet Maintenance activities.
BACKGROUND
During the FY2024 Budget cycle, Dubuque City Council approved funding to assess
fleet maintenance staff and operations throughout the organization. With prices
increasing, staff turnover, the initiative to expand into alternative fuels, and expansion of
the fleet in general, the need for an assessment is blatant.
DISCUSSION
The city-wide fleet is ever changing, and as we move forward, Fleet Maintenance
activities need to assess where the fleet is heading and where is lies within Imagine
Dubuque and the Climate Action Plan. Some of these changes over the last 20 years
include alternative fuels, expansion of fleet, training regulations, and staffing levels that
have remained static.
The Review Committee for the proposals includes the following:
Steve Fehsal, Parks Division Manager
Jodi Johnson, Transit Manager
Arielle Swift, PW Director
Cheryl Sheldon, Accountant at Airport
Ken Miller, DMASWA Administrator
LaMetra Murdock, Family Self-Sufficiency Coordinator
We request to release the attached Request for Proposals in accordance with AP 3.09 —
Services Procurement.
This project has an approved funding of$30,000.
ACTION REQUIRED
I am requesting approval to release a Request for Proposals (RFP) and evaluate
responses for the assessment of staffing and operations within Fleet Maintenance
activities.
CC: Tom Kuhle, Fleet Maintenance Supervisor
Tony Breitbach, Purchasing and Risk Manager
Jennifer Larson, Chief Financial Officer
Crenna Brumwell, City Attorney
Enclosure(s): Request for Proposals
Dubuque
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CIT'Y OF DUBUQUE
PUBLIC VYORKS DEPARTMENT
REQUEST FOR PROPOSAL
Fleet Maintenance Operations Assessment
Project # 5429900017-811
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,
for the assessment of the City of Dubuque's Fleet Maintenance Operations to include
staffing, operation hours, fleet utilization, and financial structure.
The selected consultant will be expected to complete the contracted scope of work 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
The consultant shall identify one person to serve as the Project Manager for this
project. The Project Manager shall be the primary point of contact for the exchange of
all information between the city and consultant team. The Project Manager will be
required to perForm the following:
2.1.1 Review all existing documents, plans, and reports for the existing utilities.
Identify additional and obtain additional information as needed to complete
the work.
2.1.2 Prepare and submit, to the Project Manager, a work breakdown schedule
(WBS) with each monthly billing to show the progress of the project. Monthly
billings that do not include the WBS will not be submitted for payment.
2.1.3 Oversee the project to ensure all aspects of the scope are being met.
2.1.4 Secure contact of and communication with the City of Dubuque's internal
departments, and other parties of interest in person and through written
correspondence necessary to complete the requirements of this project.
2.2 Deliverables
❑ Conduct a comprehensive review of the fleet maintenance financial
structure, processes, and controls.
❑ Conduct a comprehensive review of the organization of the division
and impacts organization wide.
❑ Identify ways to enhance reporting and metrics designed to inform and
alert executive leadership about trends, patterns, and unanticipated
events.
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❑ Review the use of technology to streamline work, increase accuracy,
and optimize decisions.
❑ Conduct a comprehensive review of the fleet maintenance utilization
and organizational structure of the fleet.
❑ Conduct a comprehensive review of the fleet maintenance operations
❑ Submit final recommendations to the City.
Consultant must provide two signed, original documents and an electronic (.PDF)
version. The completed, compiled data must also be provided to the City.
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.org.
The community has a stable and diversified manufacturing base and a growing service
sector. Dubuque is the major retail, medical, education and employment center for the tri-
state area. Tourism continues to be a major economic force in the community.
The City government works in collaboration with the private sector to promote economic
development.
4.0 CITY RESOURCES AVAILABLE TO SELECTED VENDOR
The City will make all relevant fleet data available to the selected consultant. Historical
location data will be provided, but current locations of city vehicles will not be provided.
Staff contact/resources in the Public Works Department will also be available.
5_0 INFORMATION TO BE INCLUDED IN PROPOSAL
The submitted proposal should address all aspects of the required scope of work 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.
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5.1 Letter of Transmittal
Provide a letter of transmittal briefly outlining the Proposer'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 proposer 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.
5_4 Proposed Project Team Qualifications
Describe the experience and success of the proposer and key personnel proposed
for the Dubuque 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 proposer during the project. List the approximate percentage of the work that
would be performed by each of these firms. Briefly describe any relevant experience
and qualifications of the subcontracting firm.
5_5 Scope of Services
Describe the means or strategy by which the proposer 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 your firm will provide as main
consultant and any services provided by sub consultants. Only mark services that
are included in your proposed fee.
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5_6 Proposed Project Schedule
Provide a project schedule outlining the time period and estimated completion date of
the proposed scope of work. This should include a schedule and description of all
deliverable reports/documents throughout the project.
5.7 Certificate of Insurance
The selected firm will be required to meet the City's insurance requirements for
professional services. (See attached Insurance Schedule J/Appendix C.)
5_8 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 selected firm shall follow the Vision
Statement and eleven sustainable principles on this City of Dubuque project.
5_9 Federal Consent Decree
All potential contractors and consultants to the City of Dubuque (City) 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.org/DocumentView.aspx?DID=3173 ora hardcopycan be
provided upon request. You are required to review the Consent Decree and comply
fully with its terms and conditions.
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6.0 FEES AND COMPENSATION
Provide a Not-to-Exceed fee budget for completion of the proposed scope of services with
cost breakdowns by major scope element. The cost breakdown must be shown on the
Work Breakdown Schedule. Also include a rate structure. The Consultant will be
progressively paid for the earned value of progress made for each major scope element
completed, plus reimbursable expenses, subject to the agreed upon Not-to-Exceed amount
as written in the signed contract. Invoices shall be paid on a monthly basis. All invoices
must be accompanied by a current WBS showing the progress of each scope item.
Quotation of fees and compensation shall remain firm for a period of at least 60 days from
the RFP submission deadline.
The total budget for all services included in the scope of services is not to exceed $30,000.
7.0 PROPOSAL QUESTIONS AND ANSWERS
From the date of issuance of the RFP until final City action, the Proposer shall not discuss
the RFP with or contact any other City of Dubuque staff or any of the Selection Committee
members except as expressly authorized by the City's designated project manager,
identified in this section (Section 7.0) 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 you have any questions concerning this proposal, or other technical questions, please
submit your requests to the City's designated 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. 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 by email on or 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
City of Dubuque
Public Works Department Phone: 563.589.4344
925 Kerper Court E-mail: aswift@cityofdubuque.org
Dubuque, IA 52001
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8_0 SUBMISSION REQUIREMENTS
Before submitting a proposal, each Proposer shall make all investigations and
examinations necessary to ascertain site conditions and requirements affecting the full
performance of the contract and to verify any representations made by the City upon which
the Proposer will rely.
PROPOSAL SUBMITTAL INFORMATION
SUBMITTAL DEADLINE Prior to 12:00 PM (noon), May 13, 2024
SUBMITTAL LOCATION City of Dubuque, City Hall
ATTN: Adrienne Breitfelder
50 W 13t" Street
Dubuque, lA 52001
SUBMITTAL CONTACT & City of Dubuque
MAILING ADDRESS Public Works Department
ATTN: Arielle Swift
925 Kerper Court
Dubuque, lA 52001
SUBMITTAL COPIES Three (3) sets of the proposal shall be provided
The proposal and fees must be submitted in separate submissions and clearly marked as
"Proposal" and "Fees".
Submit one (1) signed electronic .pdf version of the proposal labeled Fleet Maintenance
Operations Assessment Proposal and one (1) signed electronic .pdf version of the fees
labeled Fleet Maintenance Operations Assessment 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 original proposal document shall be signed by an officer of the company 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 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 Proposer. 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
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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.
Sincerely,
Arielle Swift
Public Works Director
City of Dubuque
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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 proposed project team's level of professional competence and a proven track
record in:
❑ Management and PerFormance Evaluations
❑ Fleet Operations
❑ Municipal Financial Structures
2. The proposed project team'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;
❑ Proposed schedule;
❑ Ability to demonstrate initiative and motivation; and
CONSULTANT SHORT-LIST EVALUATION CRITERIA
A 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 consultant's:
❑ Responsiveness and compatibility with the City;
❑ General attitude and ability to communicate;
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❑ Ability of the Consultant to communicate ideas through prepared documents and
presentations;
❑ Ability 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 their 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 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 Proposer(s) submitting the proposals.
SELECTED CONSULTANT FEE NEGOTIATION PROCESS
Upon the successful completion of Consultant proposal reviews and interviews (if
conducted), the committee shall recommend the selection of a Consultant to the City
Manager. The City Manager may in turn make a recommendation to the City Council. A
finalized scope of work and fee structure shall be directly negotiated with the Firm that is
selected by the Dubuque City Council.
Upon successful negotiation of the final scope of work and fees, the Consultant shall
prepare and submit, to the City, a final Work Breakdown Structure (WBS) to reflect the
negotiated contract. The City's WBS form shall be used by the Consultant. Each major
task/scope element of the WBS shall have a defined cost and schedule.
When the final scope 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. The Consultant shall also include, in the final
contract documents, the language contained in Appendix D - City of Dubuque Contract
Terms and Conditions.
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 offeror. Otherwise,
negotiations with the offeror ranked first shall be formally terminated and negotiations
commenced with the Consultant ranked second, and so on until a contract can be
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negotiated that is acceptable to the City.
End of Appendix A
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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 Proposer an advantage or benefit not enjoyed by other
Proposers.
EXCEPTIONS
Proposed exceptions to any part of the requirements stated in this request by the Proposer
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 in 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. 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
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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.
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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_
14 � 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.
15 � 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
16 � 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.
17 � 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 Cityand 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 Cityacknowledges 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 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 Cify.
9. GOVERNING LAW. This Agreement shall be deemed to be made in the State of lowa
and shall in all respects be construed and governed by the laws of that state.
10.VENUE. In the event of litigation, venue will be in the lowa District Court for Dubuque
County.
11. WAIVER. The waiver of any term, condition or provision hereof shall not be construed
to be a waiver of any other such term, condition or provision, nor shall such waiver be
deemed a waiver of a subsequent breach of the same term, condition or provision.
18 � Page
12.MEDIATION.
12.1 Should any dispute arise out of this Agreement, any party may request that it be
submitted to mediation. The parties shall meet in mediation within 30 days of a request.
The mediator shall be agreed to by the mediating parties; in the absence of an
agreement, the parties shall each submit one name from mediators listed by either the
American Arbitration Association, the lowa State Board of Mediation and Conciliation, or
other agreed-upon service. The mediator shall be selected by a "blindfolded" process.
12.2 The cost of inediation shall be borne equally by the parties. Neither party shall be
deemed the prevailing party. No party shall be permitted to file a legal action without first
meeting in mediation and making a good faith attempt to reach a mediated settlement.
The mediation process, once commenced by a meeting with the mediator, shall last until
agreement is reached by the parties but not more than 60 days, unless the maximum
time is extended by the parties.
13.NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid,
addressed as follows:
To CITY: City of Dubuque, lowa
Arielle Swift, Public Works Director
925 Kerper Court
Dubuque, IA 52001
To CONSULTANT:
14.TERMINATION. This Agreement may be terminated by mutual consent of both parties
or by either Party at its discretion upon sixty (60)days' notice. Upon receipt of this written
notice, Consultant shall stop performance under this Agreement as directed by the City.
End of Appendix D
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