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Request for Proposals for Leisure Services Comprehensive Master Plan Consultant ServicesCopyrighted October 21, 2024 City of Dubuque ACTION ITEMS # 4. City Council ITEM TITLE: Request for Proposals for Leisure Services Comprehensive Master Plan Consultant Services SUMMARY: City Manager recommending City Council approval of the Request for Proposals (RFP) for Leisure Services Comprehensive Master Plan Consultant Services and 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. Request for Proposal Page 1635 of 1713 THE C Dubuque DUj!BQTE AIFAWca Ciq rw ni I Masterpiece on the Mississippi � pp 20°2.2° 13 Zd17*7*2Q19 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Request for Proposals for Leisure Services Comprehensive Master Plan Consultant Services DATE: October 16, 2024 Leisure Services Director Marie Ware is recommending City Council approval of the Request for Proposals (RFP) for Leisure Services Comprehensive Master Plan Consultant Services and direct staff to post the RFP and initiate the consultant selection process. The RFP was presented to the park and recreation commission at their October 15, 2024 meeting and they unanimously recommended approval of the RFP. I concur with the recommendation and respectfully request Mayor and City Council approval. k�4 6a��� Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Marie Ware, Leisure Services Director Dan Kroger, Recreation Division Manager Steve Fehsal, Park Division Manager Jared Charland, Leisure Services Project and Facilities Manager Mary Bridget Corken-Deutsch, Community Development Specialist Jason Duba, Assistant Planner Temwa Phiri, Community Engagement Coordinator Page 1636 of 1713 THE CITY OF DiUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Director Dubuque AII.lmeriea City xni x.a�cnx: itx i a 2007,2012.2013 2017*2019 SUBJECT: Request for Proposals for Leisure Services Comprehensive Master Plan Consultant Services DATE: October 15, 2024 INTRODUCTION The purpose of this memo is to recommend approval of the City Council of the enclosed Request for Proposals (RFP) for Leisure Services Comprehensive Master Plan Consultant Services. BACKGROUND The City Council in their 2021-23 goal setting made comprehensive parks master plan a high priority. In subsequent budget cycles funding was approved. In the most recent 2024-26 city council goal setting Parks Maintenance/Refresh Action Plan was identified as a high priority. Dubuque is the first city in Iowa. Washington, Jackson, Grant, Flat Iron, and Phoenix Parks were reserved for public use by the United States government when the City was originally platted July 2, 1836. We are proud to have the oldest park system in Iowa. Since that time the city's park and recreation assets and programs have grown to what we have today. Research of available documents show that the last parks and recreation comprehensive plan was a Recreation and Open Space Plan in 1982. The City's comprehensive plan Imagine Dubuque 2037 references parks and recreation often and has numerous action plans related to the department. The public continues to express desires, wants, and needs related to the assets and programs of the department. 116*111Y •RI Is] z The City will solicit proposals from qualified professional consulting firms to provide for comprehensive parks and recreation master planning. The comprehensive parks and recreation master plan will include a quality -of -life assessment, natural resources plan, and deferred maintenance assessment. Page 1637 of 1713 The consultants will inventory and assess the current assets and levels of service and compare to state and national standards. There would be a review of capacity, functionality, accessibility, condition, and convenience. This will include work to identify and document deferred maintenance. The assessment will provide data and information necessary to evaluate how the Department facilities meet current and future needs. A natural resources plan will inventory and analyze the natural resource assets, invasive species, and other environmental issue identification, management practices, and recommendations. A key component of the assessment will be engagement of the community into the process throughout the plan. Over the last six months as we talk with our residents about concern areas or additions, they would like to see we have been referencing this planning effort and have been encouraging them to lift their voices into the planning process. The staff will be engaged in vision, mission, and organizational values consistent with the plan. Many more details are contained in the RFP. The RFP was developed by Recreation Division Manager Dan Kroger, Park Division Manager Steve Fehsal, and Project and Facilities Manager Jared Charland. An RFP committee has been established with the following members: Dan Kroger, Recreation Division Manager Steve Fehsal, Park Division Manager Jared Charland, Leisure Services Project and Facilities Manager Mary Bridget Corken-Deutsch, Community Development Specialist Jason Duba, Assistant Planner Temwa Phiri, Community Engagement Coordinator The RFP was presented to the park and recreation commission at their October 15, 2024 meeting and they unanimously recommended approval of the RFP. BUDGET IMPACT Funding is budgeted in the Parks Division and the Recreation Division for this project. The total funding available is $397,000 based on the projects below. Project Budget Project Number Quality of Life Assessment $40,000 3449900009 Deferred Maintenance Assessment $90,000 3449900008 Natural Resources Plan $59,000 3043000036 Comprehensive Parks Masterplan $208,000 3043000001 I Page 1638 of 1713 With the City Council high priority of parks maintenance/refresh action plan, during this RFP process it will be determined if the current funding is adequate or whether an additional request would be made in the FY 26 budget process. ACTION REQUESTED I respectfully request approval of the City Council of the enclosed Request for Proposals (RFP) for Leisure Services Comprehensive Master Plan Consultant Services and direct staff to post the RFP and initiate the consultant selection process. Attachments cc: Dan Kroger, Recreation Division Manager Steve Fehsal, Park Division Manager Jared Charland, Leisure Services Project and Facilities Manager Mary Bridget Corken-Deutsch, Community Development Specialist Jason Duba, Assistant Planner Temwa Phiri, Community Engagement Coordinator 3 Page 1639 of 1713 idIL2'Fi.�. - THE CITY OF DUBUQUE Masterpiece are the Mississippi Consultant Professional Services Request for Proposal Leisure Services Comprehensive Master Plan City of Dubuque, Iowa Issue Date: October 22, 2024 Closing Date and Time: November 13, 2024, 1:00 p.m. CST Leisure Services Department 2200 Bunker Hill Road Dubuque, Iowa 52001 Page 1640 of 1713 1.0 INTRODUCTION The City of Dubuque, Iowa (The City) is soliciting competitive sealed proposals from qualified professional consulting firms with extensive park and recreation experience to perform a Comprehensive Master Plan (Plan) for the City's Leisure Services Department. This RFP is designed to provide Consultants with the information necessary for the preparation of competitive Proposals. The RFP process is for the City's benefit and is intended to provide the City with competitive information to assist in the selection process. It is not intended to be comprehensive. Each Consultant is responsible for determining all factors necessary for the submission of a comprehensive proposal. Through this RFP, the City is seeking to enter into a contract with a consultant that will provide the services described herein. This RFP is partially funded by the American Rescue Plan Act (ARPA) and must be performed in accordance with all rules and regulations related to ARPA. All funding for this project must be obligated by December 31, 2024, and fully exhausted by December 31, 2026. 2.0 COMMUNITY BACKGROUND The City of Dubuque is located on the Mississippi River in northeastern Iowa, adjacent to Illinois and Wisconsin. As Iowa's oldest city, Dubuque is a community well known for its historic and architectural beauty. The city is over 30 square miles in area, with a population of nearly 60,000 people. The community has a stable and diversified manufacturing base and a growing service sector. Dubuque is the major retail, medical, education and employment center for the tri-state area. Tourism continues to be a major economic force in the community. The City of Dubuque is governed by an elected Mayor and City Council and managed by a City Manager. The City funds a full range of municipal services. City government works in collaboration with the private and non-profit sectors to promote economic development and sustainability. Sustainability and downtown, neighborhood, and riverfront planning, and revitalization are long-standing priorities of the City Council. The City's website is www.citvofdubuque.org. The City Council goals and priorities are available online here. 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. The City of Dubuque works to create a more inclusive community by assuring everyone has equitable access to community services. 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. This project should strive to provide a better and more equitable experience for the entire community. Page 2 of 29 Page 1641 of 1713 3.0 PROJECT BACKGROUND AND OBJECTIVES 3.1 — Background 3.1.1 The City of Dubuque Leisure Services Department maintains over 1,200 acres of parkland and open space and over 300 facilities including an outdoor ice rink, baseball and softball diamonds, disc golf course, skate parks, campground, marina, pools, golf course, sport courts, trails, and more. No park and recreation master plan exists for Dubuque Leisure Services. 3.2 — Objectives 3.2.1 This comprehensive report will have three major components: a quality -of -life assessment, a natural resources plan, and a comprehensive parks and recreation master plan. 3.2.2 Quality of Life Assessment 3.2.2A. Inventory and assess our current assets and levels of service and compare to state and national standards. 3.3.213. Identify our community's needs and priorities regarding our City's facilities, programs, parks, and services. 3.2.3 Natural Resources Plan 3.23A. This section should address land use planning, community needs and desires, environmental management, and resource assessment. 3.2.4 Comprehensive Parks and Open Spaces and Recreation Plan —including but not limited to: 3.2.4A Provide short, intermediate, and long-range management and development, renovation, and/or redevelopment planning for recreation, park, and facilities. 3.2.413 Identify appropriate staffing needs to support park maintenance operations based upon the Master Plan. 3.2.4C Identify appropriate staffing needs to support recreation operations based on the Master Plan. 3.2.4D Deferred Maintenance and Condition Assessment A. Identify, assess, and prioritize the deferred maintenance of parks, pools, facilities, and buildings. B. Identify safety and maintenance concerns. C. Assist in the budgeting process by creating a probable cost estimate associated with each deferred maintenance item. Page 3 of 29 Page 1642 of 1713 3.2.4E Identify ADA accessibility deficiencies and identify potential modifications. 3.2.4F Develop a strategic action plan that represent the values of the community for the parks and recreation system. 3.3 — Budget 3.3.1 Funding is currently appropriated for the project through the following capital improvement projects in a total all-inclusive amount of $397,000. Project Project Number Quality of Life Assessment 3449900009 Deferred Maintenance Assessment 3449900008 Natural Resources Plan 3043000036 Comprehensive Parks Masterplan 3043000001 4.0 PROJECT SCOPE OF SERVICES The following outline represents the minimum components for performing the consultant 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(s). The City will evaluate submitted proposals and award contracts to selected Consultant(s) based on the best proposed means, methods, and/or solutions to each individual section listed below. 4.1- Task 1- Conduct a Needs Assessment 4.1.1 Conduct a needs assessment that collects the opinions and ideas of the community The assessment will include a complete inventory of the current state of the Leisure Services Department, including its financial condition, operations, park and recreation systems, facilities, programs, and services. The assessment shall include a review of current and projected demographics, current planning standards, and regional and national trends. The assessment should provide the data and information necessary to evaluate how the Leisure Services Department facilities meet current and future needs and whether modifications and/or additions will be required or should be considered. 4.2-Task 2 - Develop and Implement Public Engagement Strategy 4.2.2 The planning process must result in a shared, clearly defined vision for the Leisure Services Department driven by input from the community. Public involvement is extremely important to the City of Dubuque and informs decision making processes. The successful Consultant will propose a robust and innovative public outreach strategy that describes how the community and staff will be provided opportunities to participate in the development of the Plan. In the submittals, Consultants should at a minimum provide the following: Page 4 of 29 Page 1643 of 1713 4.2.2A Identify and describe a comprehensive strategy and methodology for citizen, participant and stakeholder involvement (e.g. proposed outreach process, methods of outreach, outreach tools, anticipated schedule). 4.2.213 Ensure the residents, user groups and other stakeholders are provided an opportunity to participate in the development of the Plan. 4.2.2C Act as professional facilitators to gather specific information about services, use, preferences and any department strengths, weaknesses, opportunities and threats. 4.2.2D Provide well -organized and directed activities, techniques, and formats that will ensure that a positive, open, and proactive public participation process is achieved. 4.2.2E Provide written records and summaries of the results of all public process and communication strategies. 4.2.21F Develop and manage any online public involvement tools and data. 4.2.2G Throughout the entire process, help to build consensus and agreement of the plan and if consensus is not possible, provide information for informed decision making for City staff. 4.2.2H Design and implement an equity -driven planning process to ensure a dissemination and gathering of information from a broad/representative community spectrum. 4.3 Task 3 - Collect and Analyze Data 4.3.1 Review current long-range plans and related documents such as, but not limited to Imagine Dubuque Comprehensive Plan, Chaplain Schmitt Island Master Plan and Place Making Plan, Central Avenue Corridor Initiative, Historic Millwork District Revitalization Plan, 50% by 2030 Community Climate Action and Resiliency Plan, 2015 Park Division Review, and Eagle Point Park Environmental Restoration Management Plan. 4.2.2 Develop and administer a City-wide statistically valid community needs assessment survey with a return rate that accurately represents a sampling of the community population to identify community needs and issues on the Leisure Services Department's parks, facilities, programs and services. This survey will be used as a baseline to determine needs, desires, and willingness to pay. 4.2.3 Collect and interpret demographic characteristics and trends of the City's population using information from the US Census Bureau's American Community Survey, tapestry segmentation, regional and local sources, etc. 4.2.4 Compile data on participation, operations, technology, programming, programming space and land use trends and acquisition opportunities and needs. Page 5 of 29 Page 1644 of 1713 4.2.5 Compile a complete inventory of indoor and outdoor facilities and parks including amenities, capacity of each found within the system as well as its functionality, accessibility, condition, and convenience, deferred maintenance, etc. 4.2.6 Inventory and analysis of natural resources, invasive species, and other environmental issue identification, management practices, and recommendations. 4.2.7 Review available funding and financing strategies that are options for funding future improvements. 4.2.8 Develop Level of Service (LOS) standards to meet community needs and identified community desires expressed in data. Standards should consider geographic distribution of indoor and outdoor facilities and their amenities. 4.2.9 Provide usable and workable definitions and recommendations for designated park and open space with acreages and parameters defined as appropriate. 4.4 Task 4 - Determine the Leisure Services Department's Strategic Direction and Analysis of Forecasted Needs 4.4.1 The Consultant will review needs assessment outcomes with City staff and facilitate a review of the Leisure Services Department strategic direction to identify and affirm the long-range vision for the Department. This step of the Plan process is vital for clarifying the Department's organizational direction for action planning, decision making, and resource allocation. To determine the Leisure Services Department strategic direction, the firm will assist the Department with accomplishing the following: 4.4.1A Review and develop the Leisure Services Department's vision, mission, aspiration, and organizational values. 4.4.1 B Conduct a situational analysis and environmental scan utilizing the needs assessment data to determine gaps in what is being provided versus the needs and interests identified. 4.4.1 C Develop a list of critical issues and opportunities based on the results of the situational analysis and environmental scan. 4.4.1 D Review the department's current equity plan, review data, and recommend and develop a master plan that is equity driven. 4.5 Task 5 - Develop Recommendations and Implementation Strategies 4.5.1 To ensure that the Plan is implementable upon its adoption by the City Council, it must include realistic, feasible and clearly defined planning scenarios. Based on the outcomes of the needs assessment and the Leisure Services Department's strategic direction, the firm will be expected to develop the following: 4.5.1A Prioritized recommendations to meet current and future needs through, but not limited to, land acquisition, construction, renovation, or redevelopment of indoor and outdoor facilities, development of additional recreational amenities, park maintenance, etc. Page 6 of 29 Page 1645 of 1713 4.5.1 B Estimates and review of the capital and operational costs for land acquisition, construction, renovation, or redevelopment of indoor and outdoor facilities, development of additional recreational amenities, park maintenance, etc. The analysis should be designed to connect with the Leisure Services Capital Improvement Project plan. 4.5.1 C Recommendations for addressing operations, staffing, maintenance, technology, programming and services and funding needs to support implementation of this Plan. 4.5.1 D Evaluation of the feasibility, cost-effectiveness/return on investment of suggested strategies and recommendations. 4.5.1 E Recommended strategies related to equity, climate change, and resiliency. 4.6 Task 6 - Create Action Plan: Strategic, Capital and Financial 4.6.1 The consultant must develop an action plan which includes strategies, priorities and budget support and funding mechanisms for the short term, mid-term and long term, which were developed during the previous stage in the process. The Action Plan must be a phased with prioritized recommendations and a capital projects prioritization process/ranking system for future strategic investments and level-of-service/reoccurring capital needs. 4.7 Task 7- Final Report and Presentation The selected consultant shall submit a draft and final report which summarizes the findings and conclusions and includes a clear demonstration that the firm has fulfilled all of the elements contained in the agreed upon scope of work. The Plan must include written goals, plans, objectives and policy statements that articulate a clear vision and "road map" for the Leisure Services Department's future. A presentation of the final plan by the consultant to the Leisure Services staff, the Park & Recreation Commission followed by City Council (3 total meetings) will be required. The report, appendices, support materials, meeting minutes, photos and other files shall be in electronic format provided throughout and at the closing of the project. 5.0 PROJECT MANAGEMENT 5.1 — Project Manager The Consultant shall identify one person to serve as the Project Manager for this project. The Project Manager shall be the leader of this effort and is expected to ensure that the project scope, schedule, and budget are always being adhered to for the duration of the project. Additionally, the Project Manager shall serve as the primary point of contact for all exchanges of information between the City and the Consultant. 6.0 USE OF CITY RESOURCES 6.1 — Use of City Resources for the RFP Preparation Page 7 of 29 Page 1646 of 1713 All information requests shall be directed to the City's Park Division Manager as detailed in Section 8 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. 6.2 — Materials Available for RFP A current aerial photograph of the City of Dubuque is available if requested by consultant. 6.3 — City Resources Available to the Selected Consultant The City will make its ArcView GIS mapping and data analysis capabilities available for this project as well as staff contact/resources in the Leisure Services Department. Digital aerial photos of the City of Dubuque were taken in 2022. 7.0 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 submission labeled "Project Cost Estimate". The Proposal should be prepared simply and economically, providing a straight -forward, concise description of the Consultant's capabilities to satisfy the requirements of the RFP. To simplify the review process and to obtain the maximum degree of comparability, the proposal shall include the following information and shall be organized in the order and manner specified below. While additional data may be presented, the following subjects must be included. They represent the criteria against which the proposal will be evaluated. Letter of Transmittal Provide a letter of transmittal briefly outlining the Consultant's understanding of the work and list the Project Manager's the name, address, telephone number, and e-mail address. The name that is provided for the Project Manager will be used as the primary contact person during the RFP evaluation process. Profile of Firm Provide general information about the Firm, along with its area of expertise and experience as it relates to this RFP and performing services utilizing American Rescue Plan Act funding. Describe the experience and success of the Firm in performing similar projects. State the size of the Firm, the size of the Firm's professional staff, and the location of the office from where the work on this project will be performed. Discuss the Consultant's ability to integrate this project into their present workload. Include a statement to specify if the Consultant currently has the capacity to undertake the project or whether it intends to hire additional staff or partner with subconsultants. Scope of Services Describe the means, methodology and/or strategy by which the Consultant would satisfy the scope of services for the currently approved budget as listed in Section 3.3 as well as what process and outcomes the consultant would suggest to make the project a reality. Page 8 of 29 Page 1647 of 1713 Include a basic work plan for each strategy that delineates the Consultant's approach to the completion of the project. The work plan, at a minimum, should include those components outlined in Section 4.0 of this RFP. The Consultant should indicate in the work plan those aspects that might be completed by City staff or time and resources needed of the City staff. Highlight any parts of the work plan that will reflect the Consultant's unique philosophy 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 a flow chart that shows the communication path between the City and Consultant. Include all project team members on the flow chart and show the supervisory relationship between all members of the team. Be sure to include all subconsultants staff on the project team flow chart. Provide the name and location of other sub consulting firms that would be used by the Consultant during the project and the approximate percentage of the work that would be performed by each of these firms. Provide the qualifications and experience of all subconsultant staff working on the project. In submitting the Proposal, the prospective Consultant represents that each person listed or referenced in the proposal shall be available to perform the services as described. The Project Manager, principals, management, and other project team staff may be changed in accordance with the requirements described in Appendix C 3 "Substitution of Project Team Members". Describe the experience and success of the project team members proposed for the Dubuque project, in performing similar projects. Specifically list any experience and success completing park and recreation master planning, needs assessments, public engagement, data collection and analysis, strategies, and implementation planning. Include at least three (3) relevant 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 their submitted Proposal. Certificate of Insurance The Consultant should provide a statement indicating that they are able to meet the City's insurance requirements for professional services. (See attached Insurance Schedule J — Page 9 of 29 Page 1648 of 1713 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 NAMED AS SEPARATE ELECTRONIC 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 completed by the RFP committee without knowing the Consultant's proposed fee for services. 8.0 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 Park Division Manager, Steve Fehsal. The City has used considerable efforts to ensure an accurate representation of information in this RFP. Each Proposer is urged to conduct its own investigations into the material facts provided. No answers given in response to questions submitted shall be binding upon this RFP unless released in writing (letter or email) as an officially numbered and titled addendum to the RFP by the City of Dubuque. Any matter of this RFP that requires explanation or interpretation must be inquired into by the consultant in writing by November 6, 2024 prior to 2:00 p.m. E-MAIL all questions to sfehsal cityofdubuque.org. All questions will be responded to in the form of written addenda. All addenda shall become a part of the RFP. All Addenda will be posted on the City's website. It is the consultant's responsibility to check for addenda located at the City's bid posting site here. From the date of issuance of the RFP until final City action, the Proposer shall not discuss the RFP with or contact any other City of Dubuque or any of the Selection Committee members except as expressly authorized by the City Project Manager identified in this section (Section Page 10 of 29 Page 1649 of 1713 8.0). Violation of this restriction will be considered a violation of the rules and be grounds for disqualification of the Consultant's proposal. Park Division Manager contact information is as follows: Steve Fehsal Park Division Manager City of Dubuque Leisure Services Department 2200 Bunker Hill Road Dubuque, IA 52001-3010 9.0 SUBMISSION REQUIREMENTS Phone: 563-589-4260 E-mail: sfehsal cityofdubugue.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 ■ Submittal Deadline: ■ Digital Submittal Location: ■ Submittal Copies: Proposal Fees: November 13, 2024, before 1:00 p.m. CST ShareFile One (1) electronic (.pdf) copy One (1) electronic (.pdf) copy Submit one (1) signed electronic .pdf version of the proposal to the digital submittal location ShareFile address listed above. Label the document Leisure Services Comprehensive Master Plan Proposal. Label second document of fees Leisure Services Comprehensive Master Plan Fees. Add the name of the firm in each file name. To confirm the city's receipt of the two electronic submissions, contact Lead Administrative Assistant Angie Metcalf at mmetcalf(D_cityofdubuque.org or call 563-589-4262. The proposal must be a document of not more than twenty-five (25) 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 25 numbered pages will not be considered. Each addendum must be acknowledged in the Letter of Transmittal by providing the addendum number and title. Failure to acknowledge each addendum will be considered grounds for possible disqualification. It is solely the 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 in blue ink 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 Page 11 of 29 Page 1650 of 1713 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. Page 12 of 29 Page 1651 of 1713 Appendix A Consultant Evaluation and Selection Process 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. A high level of professional competence and a proven track record in the preparation of Park & Recreation comprehensive 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 & recreation projects in Midwest communities of similar size and/or similar parks and recreation assets. d. Experience of the project team working with the public and other project stakeholders in preparing parks and recreation master plans. e. Experience with American Rescue Plan Act funded projects. f. Experience of project team in working with the public and other stakeholders in preparing similar reports and projects. 2. Community engagement strategy proposed and experience in community engagement processes especially with marginalized and/or under -represented populations. 3. Quality and completeness of the written proposal. The proposal should clearly demonstrate understanding of the City's overall objectives and project scope. 4. Design approach/methodology in completing scope of services such as: a. Grasp of project requirements and level of interest in the project. b. Creativity and problem -solving ability. 5. Proposed schedule required to complete project. CONSULTANT SHORT-LIST EVALUATION CRITERIA A selection committee may choose to interview none, one, or all the 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. In addition to the above criteria, the following criteria are among those that will be used to evaluate the Consultants on the short-list. 1. Criteria from the initial evaluation. 2. Equity driven planning processes used and/or proposed. 3. Responsiveness and compatibility between the Consultant and City: Page 13 of 29 Page 1652 of 1713 a. Ability of the Consultant to maintain a high level of direct interaction and communication with City staff. b. Ability to listen, be flexible, and follow and/or implement direction and/or ideas or concepts. c. Interactions with the general public, City staff, and public officials. 4. Clear understanding of current industry trends. 5. Level of understanding project scope, proposal that meets the full scope, and ability to deliver the comprehensive services requested. 6. Cost of the Leisure Services Comprehensive Master Plan in relationship to the services offered. 7. Results of interview process 8. Information from references SELECTED CONSULTANT - FEE NEGOTIATION PROCESS Upon the completion of the evaluation of the proposals, the RFP Selection Committee will recommend to the City Manager or City Council the awarding of a contract to the highest ranked Consultant. The Selection Committee will also request authority to negotiate with the recommended Consultant a final scope of work and fee structure for the project. After authority is granted to negotiate an agreement and execute a contract with a Consultant, the Consultant shall prepare an industry standard Work Breakdown Structure (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 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. Page 14 of 29 Page 1653 of 1713 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 per 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 15 of 29 Page 1654 of 1713 Appendix B 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 8.0, who shall review the written dispute and work with the City Manager to render a decision which shall be considered final. Page 1655 of 1713 Appendix C 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 J. 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 Page 17 of 29 Page 1656 of 1713 constructed as a limitation of the City's right to seek recovery of damages for negligence on the part of the Consultant herein. 7. OWNERSHIP OF ENGINEERING DOCUMENTS. All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the City and shall be delivered to the Project Manager upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitations on their future use by the City, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant for the specific purpose intended will be the City's sole risk and without liability or legal exposure to the Consultant. The City acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the City upon completion of the services and payment in full of all moneys due to the Consultant. The City and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Section 4.7 and Attachment _ of the contract. Any change to these specifications by either the City or the Consultant is subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD software specifications shall be compensated for as Additional Services. The City is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. The City may reuse or make modifications to the plans and specifications, or electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the plans and specifications. 8. SUBLETTING, ASSIGNMENT OR TRANSFER. Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is prohibited unless written consent is obtained from the Engineer and approved by the City. 9. TITLE VI, ADA, & OTHER NON-DISCRIMINATION During the performance of this contract, the contractor, for itself, its assignees, and successor in interest, (hereinafter referred to as the "contractor") agrees as follows: Page 18 of 29 Page 1657 of 1713 A. Compliance with Regulation The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21 (hereinafter referred to as the Regulations), as they may be amended from time to time, herein incorporated by reference and made part of this contract. B. Nondiscrimination The contractor, with regard to the work performed during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection of and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth is Appendix B of the Regulations. C. Solicitation for Subcontracts, including Procurement of Materials and Equipment In all solicitations whether by competitive bidding or negotiations made by the contractor for work to be performed under a subcontract, including the procurement of material for leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulation relative to nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports The contractor shall provide all information and reports required by the Regulation or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City of Dubuque, Iowa Department of Transportation, or appropriate Federal Agency to be pertinent to ascertain compliance with such Regulation, orders and instructions. Where any information required of contractors in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Iowa Department of Transportation, or the appropriate Federal Agency as needed and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the City of Dubuque shall impose such contract sanctions as the Iowa Department of Transportation, or applicable Federal Agency, may determine to be appropriate, including, but not limited to: i. Withholding of payments to the contractor under contract until the contractor complies and/or ii. Cancellation, termination, or suspension of the contract, in whole or in part. Page 19 of 29 Page 1658 of 1713 F. Incorporations of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontractor or procurement as the City of Dubuque, Iowa Department of Transportation, or appropriate Federal Agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Page 20 of 29 Page 1659 of 1713 Appendix D Insurance Requirements My pi I)Lmkwuc Insurance Requircmenm for Professional Services INSURANCE SCHEDULE J 1. COnt"Lanl than FurrWr a signed cerA Lo cf ineumrrae tq the My of Dubuque, Iowa fa the co.4rhge rmwirM in Eyhibit I prig lo-mmrnendffV work and at the end 4 LFM prvjedl it the Lem of work is longer than DD days. Conwwsus presenting arnrel certiPima kes shaI presets a ceruFiicarte at the errd d emh prgau with the Fi W bMng. Eadr oerGFirarte stew be prepared on the mcdl cuu-ei rL ADDRD rr:m approved by the Iowa Dep nmerd of brsuanoe cr sn egwyake N apprcued by 1he Dialer or France arrd Budget. E irh rxrlifimta sl-mll indude a MMemmnL under Desa-ptirn or Dpaakms as Ia why the .mum a wtr5 bowed. EgL Projed * dr Project Lomton at -Dr corra7nuticn or Letsu ro Sarvicas Cornpmherlsrve Plan 2. A]I palms of insumrice nequred herrurrder steal be wih an irsurrr aMthrsized 15 do busbmm in Ior^a and all insurers shall have a rating 0A a be der in the currrd AM. Besr5 Riding Guild. 3. Each cerlRmte shall be fumisJxd La Ow Fironce Department Df LFm City or Dubugue. A. FailureloprvAde aovern ¢ required byW5 Irrsumn.Ge G�hedLille shall not be deern ed awaim raf thew require merls by the aaty of Ek buque. Farliure to mtair or rroineain the requGrd insumnoe shal tie omsidere d a metlerial brew a this agreement. 5. DarflracLcm shot rewie al subcarmIw its and sub-sut3rmsLlartls to d5tain arrd mmin lai durirr the perrim, uieedwork insurance for Lieom-e-a�as described in this Iraurarwe Scheckde and steal ablain carti6mtes d insuranuns rro-n all suci subcancuhanls and suh•sLib oonsrkanis. CanlmcLam agree that Mcy shall be liable for the failure of a subransullanl and sub- !; ub mn!; Ld La nit lacbLain and mairlair. surh m-%vragm The City may request aoaplrvrswdh tenricaim from the Carwiraclu. 9. A]I required endorsements steal be altach.ed % the caMKim te. The oertiBcalle Q due before The conbra ragneementoan be approved. F. )Afimever asp 150 Form a Bmt ra%ired the o.rrrerrt edffm of the Form must be used< or an egriivalanR rum may be subshhuterj if &pprp ad by this Direclar of FwLmpee and BLid geL and subject 10 the con radler ideMiFyin9 and ibirrd iin wrifrg all dlevia&k6 And exdme ors hom Il-re ISO rQrn_ 8_ Canlradas sha1 be required b carry LFw niniinwrr C&RwagmAirrts, cr greater if nsq.ried by lbw a other bol agreemerfl, in €xhlriL 1. IF the cbnb, m %z limn} of labilhy are hipher U-M •Ihe reL u ked Fri r&nLffn lrnits then the pry er's links shal ae LHuaUmern enCsnsqunsd irrift. 9. Ganlmcia sha1 be nesp xmit)ie for de dudkks ar+d self*irsured retention rrrr p&yment cf all paIioy premirma arrd other oast am ooaled w Kh the insuranoe pcficim Fegumod bra 10. AI cerdFoLes d irx.raniz mmt indude agents narne, phone nurnber, And ewmiI adder. 11. The City drDubugrm rmeree5The rilght la require mrrplete, certified a*iesdaII required irsuaroe paliciks, in dodn4endarse merfls, regrired by this Schedde at"tine_ 12. The M' drDubuque resennrrThe right la madfp Ihese reWiremeuL%irdLid iig "uh base dcn iJnnWs in the risk or cew spmbI ciraumslances ikurhg the lam of ire agreement, subject La rnu4.ral agreement dr the parts. Page 1 of 4 Scl+edule J Professional Services January 2A23 Page 21 of 29 Page 1660 of 1713 -C ity of Dubuq uc I n sura nce Rlequireme n[s for Professional Services INSURANCE SCHEDULE ,J 1cantinued) Exhibit. I Al DOMMERC AL GENERAL LUG. MI ITY General Aggregale Linit 52,000,000 Pr4rdudmr0on,pleted COtratons Aggnegahe LrniL SVM.000 Persanal wwt Advertising Injury Lirnk 1M000,000 Eat Ccmrrence W000,000 Fine carnage Limh {any one cmurrerwm) 150,000 Medical Payrnenls �5,000 lj L'Fwera9e shall be Yrr-hLen are anc-xwrerwx, rpd-daims made. fern. The general IiabiiLyr ucmemge shall be wrilirn ire a®rd wiLh ISD Fomr CG W 01 or husness cnrnem lbrrn IEP (10 -132. AI dtrrrelions iron Ile standard ISO m3m-nerrial general I"iLyr Farm DG Oa 01, ar tip r•-A awrrers roan BP 00 02, shall be deary idMrdffkKIL 2) Irrolade andorsenwmt i KFum rig thaL c.Dwemge is prinmy and norhKmn1rrbuhary. 3) Irrolyde Pneservmion d r' rne-iLal Irnmuniies Endvrsrenent. (Sample ana hed). 4) Irrckme addrlianal insured endorsemenLfar: Tire Chy or aLc3uque, erdrdi g all iLs elected and appa n ed oR9daK all iLs ernpMoyees ared oclunteerg al iLs �rds, ovmrnb3kms xxibr auLhorilies ared Lheir baard members, errrp13yreas arhd wcburam rs. Use ISO k-rm CG 20 M. 5) F nobay shaI include Warwer c+f Righli to Reaover from errs r-ndvrsemnnit. 6) Pbk' shall include asrraeIIaton and malarial chard erdarsernenL pmrxk&V LFiiir� 430) days adranae vbnLten ndlix or camnlleGon, nrn-renewal, Fmd ck+ in in5urmboe cm erb$e andbr limns and hen (I DM days wrimen nolive & non jo}nnenl of premium shad be senL bv: CAy of Dubuque Fitianoe Depar{men4 50Wasi 13' Street iDubUque, Im a 521)a1. B) AUTOMOBILE UABkLfTY 03nrbired Single L.intil S1.000,0a0 Qwmmge shell include ale crAned, twee -coned, and Fined Yehieks, Ifllre Dvraracw's busness does noL own any vcFK:M!s, voyerage is required vn non�oned and Eked Yehides. '7 Poky shall rtckide Warwer c+f Righl to Reamer from hers endorsement. DI IfERS' CI3I PENSATIDN & EMPLOYERS LIABILWY SLaluumy Benefits c&.erirp all employees inured cn the Rob by accident -Dr disease as pre cn bed W km a Code Crap l er 85. Daweragn A Stu kAorysSLai r of ktiva Dawmmgm B Errkoy�em Liabi ty Each Anaidenl $1 a0,000 EAth EmpkWee- isrsese $1 D0,000 P'rS My LirniL-0m;eax 55W.000 P ky shyi i rclude Waiver cl' Righll Lo Rermyer from OLhem endcrsernent. PAge � OF 4 ScFe=ule J Prafassional Services January A23 Page 22 of 29 Page 1661 of 1713 City of Dubuque Insurance Requimmenls For Professional Sairkm Cbra*p 9 lim i h� Alai be 9 rem her iF mpjiM h yr the unthm bdmmeea ins urer. Ki It, by kwa Cede Serian 85.1,E ire 03MracbN is noLrequred ha purchase Wadkers' CampenimUen Insrraicm, the Cordnwwr steal have a ropy of *re Stated Ncnele Rion cf Wadkers' Dmpensaftm or Empkgem' LJmbilib� Cmeermge kxm on Me! wi*r the Iowa Workers' Compensation kn5Lffanoe C'+errrnisskmwr, as nequred by Iowa Gcie Secgion 9722_ Cumpldled farm must he attached. DI UMBRELL dEXICESS LLh181LRY $IAN.D iO The Gm noral Lability, Antwicble LkWiLyrarrd WNcrkeft Compensation Irsurance requirements mmy be sathffiedwitha mrrdbiroLion of pem&rjrand Urnbrera-or Eivoesa Limiktp Insurance. Fr Lhe ihnb<eka or Excem Insurance pdcy does ncl rorow he Firm of he primary pe4lde5, iL shall iridurJte Lhe same wv:lo-mmenn as mcpw red d Bw primary po kims indudirrg but not limited Vhbh er cf SubrogaIien send PHmmry imnd Kaqi- Dmtr'mrrtcry in Farm of the City. Ej PRDFES$MDNAL LIABdLITY SZ,OIX,CCI] If the required paliGy prm&k-s claims -made w.%_-mge: 1) She Retroactir+e Dmfle muss be shown and must tie before Die dmfle of The agreement. 2) Insurance rrusL be nmirtairrad and ere idexe d nsum rroe mLem be pr'auidad far at lead We j5j years aftermmpie bon cfthe-An rk ar senke-s. S) Ifaoverag e is cm nmr !d crnonwarewed and ndl rep!xed with anotherahrrm- made peicy form nrPr a RetuaG.frwe Dale prior In the dale a 1he agreonent, the c nLracbr muest prmide -extended reporting' DDverar for a, mrirmm ci five 15) y ea rs ail er comp 10 for a f the vrer'k or servi cm. FI CYBER LkkBkLrTYfBREADN SiSMCCI] Yes x No 03veragm for Feist and Third Pmrb� lia6 ky rrdudirig but rKA limited 7o iosL dau mrrd restoration, ass drirraomearrd cyber breath of info mkn. cage 3 flF � Gchedule J Pmfessienal &enviers• January 2423 Page 23 of 29 Page 1662 of 1713 City of Dubuilue In sura nce Requirements for Professional Services please be aware that wmir g the apy or Dubuque as an additional insured as is required by this Immranoe S�heMle may ra5u11 in the waivm of the Chy's gowehhmenlal immurities provided in Iowa Co& sea 6MA. Fr you would W-La fn preserve dhose immunities, phase use this endorseummt a an e4 hmIenL iarrrn. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. hlarnsabee r or Gd3v errrn enta I Irmmunhy. The ihshrer expressly agrees mid dales 1haL the purchase of this parry and IheihdudngflfIhe City arDubugLie, k o as an Adcfitiorral Ireured does noLwahtie any of the deherrses ci govmnmenlal imamri V womilahe t4 the City of Dubhqua, krm under Dade dr Icrwa Seddon 67-DA as iL is naw exists and as iL emote be amended hvun tine to brne_ 2. Chins {}bream. The wz urer iurilher agrees Lhat 1hn palsy of inshraFwe shah Dover ark lhas.e dams not suhitmA to the defense of gmeemrmental inrnunky under din Cede ar kwa 5atlicn 67a.4 as iL ncrx exists and as iL male be amended f vm lime to lime_ Those Ana in al sutijncl to Cade of k+wa Senkm 670A shall be myened by the lermz aid earrdfara a this ihsur&Frce poFEY . 3. Awarfmaof iartmmenLknmmmihr_The C9tyciDubuque, laws shalom respanmtk iar asserting any defense Df yaw errrnental in-nuanly, &A may 66 sa a any line arm] shah do so upon Lhe *m ly wriLie n re! cluest d dre insurer. 6. Nwi-1 enial or Cure rage. The insurer shrall red deny Guwerwge unMN 0& pDioyr wvJ the in now -sh ar not ue ry arry of Lhe rig hLs and bene%s a=LiFq go the City of Dubuque, k ra under Din pobjr iar re! asonsflfgwemrnenLaI Fnmr.miLyunhss arid uh5l &-}curl a1 empeterht jurisdieiion has ruled in Favoraf the dafensofspofgoti-ernmenLai irrrnunity asseriedbythe City d DutwgLo. Iowa. rNa Qjha I;bw= in pt>re^_ The abDwe prese-walion ryf Wvehhmertlal imrrurities shall riot atherwise change or alter the coverage avaiablt under the pricy. SPECIMEN �DEPARTMEWT MANAGER: FkLL iN ALL BUNKS AN D CHEC K 94. E-SM Page of A Schedule J Professional %eruires January 2023 Page 24 of 29 Page 1663 of 1713 Appendix E Project Related Data AMERICAN RESCUE PLAN ACT (ARPA) COMPLIANCE The following contract provisions along with this entire Request for Proposal will be made a part of any resulting contract(s) that arise from this Request for Proposal. Domestic Preferences for Procurement As appropriate and to the extent consistent with law, the Contractor, to the greatest extent practicable, shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (50% US or more) as noted in 2 CFR § 200.322, including but not limited to iron, aluminum, steel, cement, and other manufactured products. The requirement of this section must be included in all subawards per §200.322 including all contracts and purchase orders for work or products under ARPA. A. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. B. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer - based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Contract Work Hours and Safety Standards Act Contracts awarded in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704. A. Each contractor is required to compute the wages of every mechanic and laborer based on a standard work week of 40 hours. Work exceeding the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. B. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Page 25 of 29 Page 1664 of 1713 Byrd Anti -Lobbying Amendment Byrd Anti -Lobbying Amendment. Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Clean Air Act and The Federal Water Pollution Control Act Contracts in excess of $150,000 must contain a provision that requires compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Equal Employment Opportunity During the performance of this contract, the contractor agrees as follows- (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other Page 26 of 29 Page 1665 of 1713 employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local Page 27 of 29 Page 1666 of 1713 government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and sub- contractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and sub -contractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms If the awarded contractor (prime) uses subcontractors, it must take all necessary affirmative steps to assure that small and minority businesses, women's enterprises, and labor surplus area firms are used. The following affirmative steps are required of the prime contractor- (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; Page 28 of 29 Page 1667 of 1713 (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through LQ of this section. Suspension and Debarment This contract is a covered transaction for the purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). System for Award Management (SAM) A contract award will not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM). SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Procurement of Recovered Materials In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired — a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. 2. Information about this requirement, along with the list of EPA designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpq-program 3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." Page 29 of 29 Page 1668 of 1713