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Request for Proposals for Historic Millwork District Outdoor Community Space Engagement, Design, Construction ManagementCopyrighted October 7, 2024 City of Dubuque ACTION ITEMS # 2. City Council ITEM TITLE: Request for Proposals for Historic Millwork District Outdoor Community Space Engagement, Design, Construction Management SUMMARY: City Manager recommending that the City Council approve the RFP for Historic Millwork District Outdoor Community Space Engagement, Design, and Construction Management, and then direct staff to post the RFP and initiate the consultant selection process. SUGGUESTED Receive and File; Approve DISPOSITION: ATTACHMENTS: 1. MVM Memo 2. Staff Memo 3. HMD Outdoor Community Space Request for Proposals Page 456 of 674 Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque bikd AN -America CIO 111111 2007•2012.2013 2017*2019 SUBJECT: Request for Proposals for Historic Millwork District Outdoor Community Space Engagement, Design, Construction Management and Grant Administration Services DATE: October 3, 2024 Planning Services Director Wally Wernimont on behalf of the Historic Millwork District Outdoor Community Space Request For Proposals (RFP) Committee recommends that the City Council approve the RFP for Historic Millwork District Outdoor Community Space Engagement, Design, and Construction Management, and then direct staff to post the RFP and initiate the consultant selection process. The total budget for all consultant services, construction, and project costs is $400,000. By approving this the City Council is beginning the process to do a public engagement process to seek input on design options for this space and a design recommendation will be brought back to City Council before any action is taken to implement a construction project. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Wally Wernimont, Planning Services Director Jenny Larson, Chief Financial Officer Marie Ware, Leisure Services Director Jared Charland, Project & Facilities Manager Stephen Fehsal, Parks Division Manager Jill Connors, Economic Development Director (list continues on next page) Page 457 of 674 Ryan Knuckey, Transportation Services Director Jon Dienst, Civil Engineer II Anderson Sainci, Director - Office of Shared Prosperity & Neighborhood Support Tony Breitbach, Purchasing and Risk Manager Elizabeth Martin, Administrative Assistant Office of Shared Prosperity & Neighborhood Support 2 Page 458 of 674 Masterpiece on the Mississippi Dubuque AI-Aneriei City 2007.2012 2013.2017 TO: Michael C. Van Milligen, City Manager 1 A I FROM: Wally Wernimont, Planning Services Director `�jV SUBJECT: Request for Proposals for Historic Millwork District Outdoor Community Space Engagement, Design, Construction Management DATE: September 29, 2024 INTRODUCTION The purpose of this memorandum is to recommend approval by the City Council of the enclosed Request for Proposals (RFP) for Historic Millwork District Outdoor Community Space Engagement, Design, and Construction Management. BACKGROUND 2009 Historic Millwork District Master Plan On February 16, 2009, the City Council adopted the Historic Millwork District Master (HMD) Plan. The vision outlined in the Plan aimed to revitalize the District by integrating commercial, office and residents into historic spaces, fostering artistic expression, and promoting green technologies. The historic buildings serve as a foundation for a vibrant mixed -use neighborhood that provides easy access to urban amenities and outdoor recreation. The execution of this Plan transforms this District into a creative and innovative hub, further enhancing Dubuque's position in the region. One of the features identified in the plan included the following: "A signature public open space: Build a multi -use, flexible plaza and park in the heart of the District to use for performances, concerts, markets, and to showcase sustainable practices, technologies, and artistic elements." The plan placed this approximately .70 acres (30,500 sf) area known as Foundry Square at the corner of 10th and Elm Street adjacent to what is referred to as the Alamo Building which is now known as the Rouse and Dean Building. Historically, the building was the iron foundry and machinist building of the Rouse and Dean Company. Temporary Parking Lot Approval Besides the aforementioned plaza and park, the plan includes several features, including the construction of a parking ramp. As part of the construction of the parking ramp, the installation of a temporary parking lot was proposed to temporarily satisfy parking demand in the developing district while the parking ramp was being constructed. On May 16, 2012, a contract was signed by a local contractor to furnish all material and equipment and to perform all labor necessary for the "Millwork Temporary Parking Lot Project." Page 459 of 674 Before approving the temporary parking lot and the construction of the parking ramp, the Historic Preservation Commission conducted an advisory design review on January 19, 2012. An excerpt from the HPC meeting minutes notes the following stated by former City of Dubuque Assistant Economic Development Director Aaron DeJong: "Commissioners discussed surface parking lot proposed in place of the planned plaza. Staff Member DeJong reviewed the parking lot on Foundry Square is intended to be a temporary parking lot until the ramp is built. Commissioners emphasized the surface lot needs to be temporary as Foundry Square is an important design and pedestrian component of the Historic Millwork District. Staff Member DeJong agreed, noting the Plaza is needed for the Historic Millwork District, and this remains the ultimate goal." 2024 Historic Millwork District Master Plan Update The Historic Millwork District enjoyed a successful revival since the original Historic Millwork Master Plan was adopted in 2009. However, city officials, stakeholders and the community recognized that there was still more work to be done. Despite numerous successful developments and public infrastructure projects, this district remains "in progress". The purpose of conducting the master plan update was to provide recommendations for improvements over the next decade. In 2022, the city hired a consultant to provide an update to the plan. A steering committee was established in fall 2022, comprising thirteen members — including business and property owners, residents, community leaders, and city staff — who worked closely with the consultant team to engage the community and update the master plan. The committee held monthly meetings throughout the winter and spring of 2023. The consultant conducted community engagement which included various stakeholders from both within and outside the District. In addition to the steering committee's efforts, the consultant conducted six focus group meetings with small groups of individuals sharing common interests, such as business owners, the arts community, city staff, youth, and neighboring residents. An online survey was also distributed city-wide to gather input from residents who might not typically participate in District activities, resulting in over 600 responses that reflected a broad cross-section of the community. As the result of the community engagement, several recommendations for projects were identified. Design and construct a Community Space adjacent to the Alamo Building was identified as a priority project and the top primary recommendation in the built environment category. Millwork District Public Parking Availability 2 Page 460 of 674 The temporary parking lot currently offers 57 spaces leased during the day, with public access starting at 5:00 PM. The Millwork District features 81 spaces at the 9th & Elm Street lot near the Intermodal Facility and another 68 spaces at the 12th & Elm Street lot, both accessible to the public after 5:00 PM. Additionally, the parking ramp at 9th Street and Central Avenue provides 542 spaces. There are also on -street meter spaces throughout the district. Overall, there is sufficient parking to compensate for the removal of the 57 temporary parking spaces. DISCUSSION The City will solicit proposals from qualified professional consulting firms to provide community engagement, design, and construction management services for the development of the Historic Millwork District Outdoor Community Space, located at the temporary parking lot at 10th and Elm Street. A community engagement process is a crucial part of the scope of work. The consultant will develop a plan for broad community engagement in the preliminary and final designs. This plan needs to engage millwork business owners, property owners and residents, non -millwork residents and community partners throughout the process. It should incorporate methods beyond typical community meetings to involve marginalized populations that use the outdoor community space. The Historic Millwork District Outdoor Community Space must reflect the values of the community, making quality and diverse public participation and input essential to the process. Plans must ensure outreach to a diverse and comprehensive representation of the Dubuque community, including traditionally underrepresented groups. The consultant will develop bid specifications and will also be required to perform all construction testing, construction management, and construction surveys for this project. The Historic Millwork District Outdoor Community Space RFP committee is composed of the following individuals: • Tony Breitbach, Purchasing Coordinator • Crenna Brumwell, City Attorney • Jill Connors, Economic Development Director • Jon Dienst, Civil Engineer II • Jared Charland, Project & Facilities Manager • Ryan Knuckey, Transportation Services Director • Elizabeth Martin, Administrative Assistant Office of Shared Prosperity & Neighborhood Support • Marie Ware, Leisure Services Director • Wally Wernimont, Planning Services Director A project steering committee will be created, composed of the following individuals: 3 Page 461 of 674 • Tony Breitbach, Purchasing Coordinator • Crenna Brumwell, City Attorney • Jill Connors, Economic Development Director • Jon Dienst, Civil Engineer II • Jared Charland, Project & Facilities Manager • Ryan Knuckey, Transportation Services Director • Elizabeth Martin, Administrative Assistant Office of Shared Prosperity & Neighborhood Support • Marie Ware, Leisure Services Director • Wally Wernimont, Planning Services Director • Member of Farley & Loetscher LLC • Member of the Dubuque Community • Member of the Dubuque Community • Member of Dubuque Main Street Staff • Member of Dupaco • Member of Plastic Center Inc • Member of Greater Dubuque Development Corporation Staff • Member of Gronen Restoration • Member of Millwork Flats Development • Member of Novelty Iron Works BUDGET IMPACT The Capital Improvement Program (CIP) Budget has the following funds allocated to the project: FY 24-25 C I P 6052000028 Title/Description Green Space HMD Amount $ 400,000 ACTION REQUESTED I respectfully recommend on behalf of the RFP Committee that the City Council approve the RFP for Historic Millwork District Park Engagement, Design, and Construction Management Services, and then direct staff to post the RFP and initiate the consultant selection process. Attachments cc: Jenny Larson, Chief Financial Officer Crenna Brumwell, City Attorney Marie Ware, Leisure Services Director Jared Charland, Project & Facilities Manager Stephen Fehsal, Parks Division Manager Jill Connors, Economic Development Director Ryan Knuckey, Transportation Services Director Jon Dienst, Civil Engineer II Anderson Sainci, Director - Office of Shared Prosperity & Neighborhood Support 4 Page 462 of 674 REQUEST FOR PROPOSAL (RFP) THE CITY OF ISSUE DATE: October 8, 2024 NTAC: wallywernimont, Planning Services PHONE NO: 5635894210 EMAIL: wwernimo@cityofdubuque.org DUB F Masterpiece on the Mississippi SUBMIT PROPOSAL/OFFER PRIOR TO: CLOSING DATE: October 30, 2024 CLOSING TIME: 1:00 P.M. (local time) SUBMIT TO: SEE Section 8.0 FAX NOT ACCEPTED DESCRIPTION: Historic Millwork District Outdoor Community Space Design, Development, and Construction Management Services ° RECEIPT If you the left, that you ° NO RESPONSE If you box to OF PROPOSAL are considering a fill in the information received this RFP. REPLY do not want to respond ACKNOWLEDGEMENT response to this RFP, please mark the box to below and return this sheet as a confirmation to this RFP at this time, please mark the information below and return this sheet only. the left, fill in the COMPANY NAME: DATE: MAILING ADDRESS: CITY/STATE: ZIP CODE: AUTHORIZED SIGNATURE: PRINTED NAME: TITLE OF AUTHORIZED REPRESENTATIVE: EMAIL: PHONE: Page 463 of 674 Masterpiece on the Mississippi Consultant Professional Services Request for Proposal Historic Millwork District Outdoor Community Space Design, Development, and Construction Management Services City of Dubuque, Iowa Issue Date: October 8, 2024 Closing Date and Time: October 30, 2024, 1:00 p.m. CT Planning Services Department City Hall — 50 W. 13th Street Dubuque, Iowa 52001 Page 2 of 39 Page 464 of 674 1.0 INTRODUCTION The City of Dubuque, Iowa is soliciting competitive sealed proposals from qualified professional consulting firms to perform design, development and construction management services for the Historic Millwork District Outdoor Community Space. 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 outdoor community space. 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 31 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 https://www.cityofdubuque.org/ . The City Council goals and priorities are available online at https://www.cityofdubuque.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 2024-2029. Find out more at the https://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 five pillars of resiliency, sustainability, equity, transparency, 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 3 of 39 Page 465 of 674 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 — Historic Millwork District Outdoor Community Space 3.1.1 Below are the goals for the development of Historic Millwork District Outdoor Community Space: • Create a space designed as an urban outdoor community space o The space features and amenities needed to be support year-round programming, community gathering, and the range of activities envisioned by the community. o The space is a public asset - for all of Dubuque. o The space is a destination for all and a community wide asset that will help the growth, vibrancy and serendipity of the District. o Provide the Historic Millwork District with a vibrant, public "face" that highlights not only the District brand, but the intention of the District to be a destination for tourists and residents alike yet welcomes all residents with open arms and engages them as well. • Sustainability, maintainability, and equity built in throughout the development. • Design the outdoor community space layouts and features utilizing robust public engagement including public and private stakeholders while also seeking to engage marginalized populations. 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 the project contained within this RFP will be completed by August 2026, 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 Outdoor community space development projects will begin as soon as possible, but no later than spring of 2026, with all design and bidding done prior. The selected Consultant will be expected to complete the contracted scope of work within Page 4 of 39 Page 466 of 674 the specified timeframe, under the general direction and coordination of the City's Planning 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 $400,000. Project Budget Project Number Funding Source Green Space HMD $400,000 6052000028 Greater Downtown TIF If there are concerns about the total budget, they should be noted in the proposal. 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. Communications and scheduled check -ins are key to successful planning, engagement, and construction of this 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 and bidding documents 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. 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. Page 5 of 39 Page 467 of 674 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 the project to the City Development Review Team and the Dubuque Park and Recreation Commission for review and comment with final approval by the City Council. 4.2.5 Prepare 50%, 90%, & 100% plans of the proposed outdoor community space development. 4.2.6 Acquire all permits and approvals required for the project. 4.2.7 Develop a construction cost estimate relative to the concept plan to be presented to City Council for approval and used in the bid documents as an engineer's estimate. 4.3 — Preliminary Design of Improvements for Historic Millwork District Outdoor Community Space 4.3.1 Develop a preliminary design of the Outdoor community space 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. 4.4 — Public Engagement 4.4.1 Review plans on file including but not limited to the Historic Millwork District Plan and the Plan update, engagement completed by Imagine Dubuque and other relative city plans to assure all prior planning, and engagement is taken into account while developing the engagement strategy which will include reaching out to those voices not often heard. 4.4.2 Develop and implement a public engagement process to ensue all voices are heard. The Historic Millwork property owners, business owners and residents, as well as the entire community, shall be invited to share input on their preferences for the open space and the preliminary design prior to developing the final concept plan. 4.4.3 Meet with Project Steering Committee on input received. 4.5 — Final Design of all Outdoor Community Space Construction and Improvements 4.5.1 Complete the final bidding documents including 11x17" plans, construction specifications, and cost estimates. 4.5.2 Coordinate with any utilities involved in and on the project. Page 6 of 39 Page 468 of 674 4.5.3 Plans shall be constructed using Statewide Urban Design Standards and plan format (SUDAS 2023). The City of Dubuque also has a supplemental specification to the 2023 edition of SUDAS. That document can be found here: https://www.cityofdubuque.org/DocumentCenter/View/55134/2023-SUDAS-City-of- Dubuque-Supplemental-Specifications 4.5.4 Deliver plans and specifications to City Planning Services Department for distribution to bidders. 4.5.5 Be present at the bid opening. 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 including outlining specific instructions, commitments, timeframes, and deliverables as needed. 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. 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 Planning Services Department. 4.6.5 Administer any change orders that may come up in the project. All change orders need the approval of City of Dubuque Planning Services Department 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 Planning 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 Page 7 of 39 Page 469 of 674 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 August 2026 if not before. Suggested overall timeline: October 8, 2024 October 23, 2024 October 24, 2024 October 30, 2024 November 2024 December 2024 January 2025 February -June 2025 July 2025 July — Sept 2025 October 2025 Spring 2026 August 2026 City issues RFP Consultant questions due to City Q&A published by City to Consultants Proposal due by 1:00 p.m. CDT Consultant interviews (in necessary) Selection presented to City Council Contract awarded Community Engagement and Concept Development City Council Concept Approval Prepare Bid Specification Initiate Bids Construction Begins Construction Completed 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 utility map and current and historic aerial photographs of the site are available and are shown in Appendix E. Page 8 of 39 Page 470 of 674 The HMD Open Space has been identified as part of the Historic Millwork District Master Plan. The following are links to the 2009 & 2024 master plans. 2009 Plan: https://www.cityofdubuque.org/DocumentCenter/View/45950/Millwork- District-Master-Plan- 2024 Plan: https://www.cityofdubuque.org/116/Historic-Millwork-District-Revitalizatio The following is a link to environmental soil reports that have been conducted on the site. https://cityofdubuque.sharefile.com/d-sfccdaf5bf50e4313b8d33836f8ed6911 5.3 — City Resources Available to the Selected Consultant The City will make its GIS mapping and data analysis capabilities available for this project as well as staff contact/resources persons in the Planning 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. 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. Page 9 of 39 Page 471 of 674 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 3.3 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 all the aspects that might be completed by City staff. This is especially important for expectations of city staff related to any proposed community engagement and community engagement strategies. 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 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 relevant training, continuing, and professional education or certifications. 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 engagement practices beyond typical, park, outdoor community space, and playground design for municipalities like Dubuque. Page 10 of 39 Page 472 of 674 Include at least three (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. 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 Page 11 of 39 Page 473 of 674 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 October 23, 2024. 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 Historic Millwork District Outdoor Community Space 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 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: Wally Wernimont, Planning Services Director City of Dubuque Planning Services Department City Hall — 50 W. 13th Street Dubuque, IA 52001 8.0 SUBMISSION REQUIREMENTS Phone: 563-589-4210 E-mail: wwernimo@cityofdubuque.org 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: October 23, 2024, before 1:00 pm. CT ■ Proposal Submittal Deadline: October 30, 2024, before 1:00 p.m. CT ■ Digital Submittal Location: wwernimo@cityofdubuque.org and planning@cityofdubuque.org ■ 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". Page 12 of 39 Page 474 of 674 Submit one (1) signed electronic .pdf version of the proposal to the digital submittal location Sharefile address listed above labeled Historic Millwork District Outdoor Community Space Design, Development, and Construction Management Services proposal and one (1) signed electronic .pdf version of the fees labeled Historic Millwork District Outdoor Community Space 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 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, Wally Wernimont Planning Services Director City of Dubuque Page 13 of 39 Page 475 of 674 Historic Millwork District Outdoor Community Space Design, Development, and Construction Management Services City of Dubuque, Iowa Masterpiece on the Mississippi Consultant Professional Services Request for Proposal October 8, 2024 Appendix A Consultant Evaluation and Selection Process Page 14 of 39 Page 476 of 674 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/community gathering outdoor space/plaza design and improvement plans or similar: a. Qualifications and experience of the Consultant and any subconsultants and track record of the firms experience with subconsultants if a joint venture. b. Demonstration of the professional expertise and technical abilities of the project team members. c. Experience of Consultant working on municipal park/community gathering outdoor space/plaza projects in Iowa. d. Experience of the project team working with the public and other project stakeholders in preparing plans for park/community gathering outdoor space/plaza facilities & amenities. e. Overall success of past projects completed for the City of Dubuque. f. Proven track record in a park/community gathering outdoor space/plaza development through construction. g. Experience of project team in working with the public and other stakeholders in preparing plans for park facilities and playgrounds. 2. Community engagement strategy proposed and experience in community engagement processes especially with marginalized populations. 3. Quality and completeness of the written proposal. The proposal should clearly demonstrate understanding of the City's overall objectives. 4. Design approach/methodology in completing scope of services such as: a. Grasp of project requirements and level of interest in the project including but not limited to initiative, motivation, and knowledge of the City of Dubuque. b. Creativity and problem -solving ability. 5. 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/community gathering outdoor space/plaza improvement plans or similar: Page 15 of 39 Page 477 of 674 a. Qualifications and experience of the Consultant and any sub -consultants and track record of the firms experience with subconsultants if a joint venture. b. Demonstration of the professional expertise and technical abilities of the project team members. c. Experience of Consultant and project team working on municipal projects in Iowa and working with the public and other project stakeholders in preparing plans for outdoor community space and park facilities. d. Overall success of past projects completed for the City of Dubuque. 2. Experience with developing and implementing community engagement process. a. Community engagement strategy proposed and experience in community engagement processes especially with marginalized populations. b. Manage expectations during the planning process of the concept plan vs. the budget available and/or engaging processes that consider private partnerships in funding. 3. 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. 4. Design approach/methodology in completing scope of services such as: a. Grasp of project requirements and level of interest in the project including but not limited to initiative, motivation, and knowledge of the City of Dubuque.. b. Creativity and problem -solving ability. 5. Proposed schedule required to complete all projects. 6. Cost of the Historic Millwork District Outdoor Community Space Design, Development, and Construction Management Services for the City of Dubuque in relationship to the services offered and duties outlined for city staff time and resources. 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, managing expectations of a steering committee, 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 Page 16 of 39 Page 478 of 674 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 (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 17 of 39 Page 479 of 674 Historic Millwork District Outdoor Community Space Design, Development, and Construction Management Services City of Dubuque, Iowa Masterpiece on the Mississippi Consultant Professional Services Request for Proposal October 8, 2024 Appendix B RFP Rules and Protest Procedure Page 480 of 674 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 19 of 39 Page 481 of 674 Historic Millwork District Outdoor Community Space Design, Development, and Construction Management Services City of Dubuque, Iowa Masterpiece on the Mississippi Consultant Professional Services Request for Proposal October 8, 2024 Appendix C City of Dubuque Contract Terms and Conditions Page 20 of 39 Page 482 of 674 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 21 of 39 Page 483 of 674 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 an 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 Planning Services Director and approved by the City. Page 22 of 39 Page 484 of 674 Historic Millwork District Outdoor Community Space Design, Development, and Construction Management Services City of Dubuque, Iowa Masterpiece on the Mississippi Consultant Professional Services Request for Proposal October 8, 2024 Appendix D Insurance Requirements Page 23 of 39 Page 485 of 674 1 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J Consultant 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 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. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 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. 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. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 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. Contractors shall be required to carry the minimum coverageilimits, 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 24 of 39 Page 486 of 674 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit Products -Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Fire Damage Limit (any one occurrence) Medical Payments 52,000.000 S 1,000.000 S 1,000.000 S1,000.000 $50.000 $5.000 1) Coverage shall be wntten on an occurrence, not claims made, form. The general liability coverage shall be wntten 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 andior 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 wntten notice of non-payment of premium shall be sent to: City of Dubuque Finance Department. 50 West 13th Street Dubuque. Iowa 52001. B) AUTOMOBILE LIABILITY Combined Single Limit 51,000.000 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 Coverage B Statutory —State of Iowa Employers Liability Each Accident Each Employee -Disease Policy Limit -Disease $100.000 $100.000 $500.000 Policy shall include Waiver of Right to Recover from Others endorsement. Page 25 of 39 Page 487 of 674 City of Dubuque Insurance Requirements for Professional Services Coverage B limits shall be greater if required by the umbrellalexcess 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) UMBRELLAIEXCESS LIABILITY S1,000.000 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 S2,000.000 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. Page 26 of 39 Page 488 of 674 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 Govemmental 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 nghts and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of govemmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of govemmental 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 Page 27 of 39 Page 489 of 674 Historic Millwork District Outdoor Community Space Design, Development, and Construction Management Services City of Dubuque, Iowa Masterpiece on the Mississippi Consultant Professional Services Request for Proposal October 8, 2024 Appendix E Project Related Data Page 28 of 39 Page 490 of 674 a) cr) co E 15 CO E cm o .c 0 E O O r Page 29 of 39 Page 491 of 674 Page 30 of 39 Page 492 of 674 Page 31 of 39 Page 493 of 674 Page 32 of 39 Page 494 of 674 Page 33 of 39 Page 495 of 674 Page 34 of 39 Page 496 of 674 Page 35 of 39 Page 497 of 674 Historic Millwork District 1 0 • I'd H i lifi4esik‘e Arta le EP a Gil la • t- ■ • OIL Loin. i Itrkv lk &les I to aim u L� i 4? i Page 36 of 39 Page 498 of 674 1 tt ffg up n ri€leg9 FeE 31 a4 Tfrr s F P it; ial = a = a g�: C . II 11 g z •• •• • • MD Pg fi-P �xs ilj W Y 1ti0 0 . 2 m e 8 zngtl 12E �wV2ty >t3t a���CZ cp• �gE}PS} E �a d "�►� c Si2tcn- $vi-l�j i$Ep �jBBbgqyyy,myl€e 111 i u T t t q —4 R � c N r V ^ Y 121481413 erg'+ C y; V O �' „ � M_ �' C =' � Q e ;“E- F$Y a $-fist-ata 6 IIIIIIIIII hillll!il a ciri rhrth Nam ix 9 9 0 I 6 Z Y Page 28 of 2024 Historic Millwork District Master Plan https://www.cityofdubuque.org/DocumentCenter/View/57265/Historic-Millwork-District- Master-Plan-Update-May-2024 Page 499 of 674 Google Street view looking southwest from Elm & E.10th Streets Google Street view looking southwest E. 10th Street Page 38 of 39 Page 500 of 674 Google Street view looking west from Elm Street Google Street view looking east from Washington Street Page 39 of 39 Page 501 of 674