Request for Proposals - Climate Action Plan Consultant Copyrighted
May 6, 2019
City of Dubuque Consent Items # 16.
ITEM TITLE: Request for Proposals - Climate Action Plan Consultant
SUMMARY: City Manager recommending approval of the release of a
Request for Proposals for a consultant with expertise in
facilitating and developing climate action plans with
inclusive community engagement to update the City of
Dubuque's ClimateAction Plan.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
ClimateAction Plan RFP-MVM Memo City Manager Memo
Staff Memo Staff Memo
RFP Supporting Documentation
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: RFP: Climate Action Plan Update
DATE: April 28, 2019
Sustainable Community Coordinator Gina Bell recommends City Council approval of the
release of a Request for Proposals for a consultant with expertise in facilitating and
developing climate action plans with inclusive community engagement to update the
City of Dubuque's Climate Action Plan.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen �� �
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Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Gina Bell, Sustainable Community Coordinator
THE CITY OF Dubuque
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MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Gina Bell, Sustainable Community Coordinator
SUBJECT: RFP: Climate Action Plan Update
DATE: May 3, 2019
INTRODUCTION
This memo is to request City Council approval of the enclosed Request for Proposals (RFP) for
the City of Dubuque Climate Action Plan Update.
BACKGROUND
The Climate Action Plan outlines the vision and strategy to meet or exceed the City's 50% by
2030 Goal (greenhouse gas emission reduction of 50% of 2003 levels by the year 2030). The
plan provides a roadmap to guide the environmental integrity, social/cultural vibrancy, and
economic prosperity of the city. Input from the community is critical to developing a community
vision and updating the Climate Action Plan.
The Community Engagement Process is needed to solicit public input in an innovative and
inclusive way, reaching out to stakeholders, residents, and business owners through a variety of
media and interaction types. The Community Engagement Process is a framework to better
involve residents, especially those who are likely to be more deeply impacted by the effects of
climate change.
The Climate Action Plan's goals help focus major policy decisions of how the City government,
in partnership with the community, will address greenhouse gas emissions reduction goals
(mitigation) and prepare for climate change impacts (adaptation), with direct correlation to
Capital Improvement Program (CIP) projects. Built on the Sustainable Dubuque model, the
Climate Action Plan directly supports the City's vision: that Dubuque 2035 is a sustainable and
resilient city and an inclusive and equitable community. Dubuque 2035 has preserved our
Masterpiece on the Mississippi, has a strong diverse economy and expanding connectivity. Our
residents experience healthy living and active lifestyles have choices of quality, livable
neighborhoods have an abundance of fun things to do; and are engaged in the community. A
significant update of the City's Climate Action Plan is needed to include adaptation activities as
well as an equitable focus.
DISCUSSION
City staff recommends retaining a consultant, or a team of consultants, with expertise in
facilitating and developing climate action plans with inclusive community engagement to
develop a holistic Climate Action Plan for our community.
Proposals are due by 230 pm by June 14, 2019. The project is expected to begin July 1, 2019
and be completed by April 2020.
The Consultant Selection Committee is comprised of the following City staff inembers and
community members:
Citv staff members
Gina Bell, Sustainable Community Coordinator
Cori Burbach, Assistant City Manager
Travis Schrobilgen, Assistant Planner
Christine Olsen, Assistant Planner
Communitv Members
Sara Booth, Resilient Community Advisory Commission
Collins Eboh, Community Foundation of Greater Dubuque
Raki Giannakouros, Green Dubuque
Adam Hoffman, Resilient Community Advisory Commission
Dave Lyons, Greater Dubuque Development Corporation
Paul Schultz, Green Dubuque
BUDGETIMPACT
Substantial funding is needed to undertake the update of the Climate Action Plan. The FY2020
budget approved a $100,000 CIP to enable the City to retain a qualified consulting team for this
update.
REQUESTED ACTION
The requested action is for City Council approval of the RFP for the Climate Action Plan Update.
Please contact me with any questions. Thank you.
Enclosures
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Sustainability Office DubUque
City Hall THE crrY oF �
50 West 13`"Street �T T� E pll-lmerimC'dy
Dubuque, IA 52001-4864 �••� ������������
(563) 690-6038 phone Masterpiece on tlre Mississippi
(563) 589-4149 fax
(563) 690-6678 TDD 2007•2012
gbell@citvofdubuque.org 2013-2017
CITY OF DUBUQUE, IOWA
REQUEST FOR PROPOSALS
CITY OF DUBUQUE CLIMATE ACTION PLAN UPDATE
May 6, 2019
INTRODUCTION
The City of Dubuque is soliciting proposals from qualified firms to facilitate and develop the next City of
Dubuque Climate Action Plan (CAP) using a robust, creative and inclusive community engagement
process centered on the Sustainable Dubuque model and the Imagine Dubuque 2037 Comprehensive
Plan to empower the update.
COMMUNITY BACKGROUND
The City of Dubuque is located on the Mississippi River in northeastern lowa, adjacent to Illinois and
Wisconsin. As lowa's oldest city, Dubuque is a community well known for its historic and architectural
beauty. The City is approximately 30 square miles in area, with a population approaching 60,000
persons.The City's annual operating and capital budget is over$185 million and funds a full range of
municipal services.
The City of Dubuque is governed by an elected Mayor and City Council and managed by a City Manager.
City government works in collaboration with private and non-profit sectors to develop the principles of
sustainability. Dubuque's framework for sustainability is centered on economic prosperity,
environmental integrity, and social/cultural vibrancy. The City's website is www.citvofdubuque.or�.
SUSTAINABLE DUBUQUE
Sustainability is defined by a community's ability to meet the environmental, economic, and social
equity needs of today without reducing the ability of future generations to meet their needs.
Sustainable Dubuque is a holistic approach to improving systemic and individual sustainability practices.
Our model involves a three-part approach that addresses: Environmental / Ecological Integrity,
Economic Prosperity, Social /Cultural Vibrancy. Each of these interactive pieces contributes to a
community that is becoming more viable, livable, and equitable.
In 2006 and every year since, the Mayor and City Council identified becoming a more Sustainable City as
one of their top priorities. Implementation of a community-based sustainability plan is among the top
Council priorities for this year, and each of this year's priorities incorporate parts of Dubuque's
model. Find out more at the www.sustainabledubuque.or� website. In 2015, establishment of the
Resilient Community Advisory Commission was identified as a top priority. Since its development, the
community has shifted its conversation to include resiliency in its work. A community engagement
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process defined resiliency as "the ability of individuals and systems to prevent, prepare for, and recover
from adverse vulnerabilities while adapting to long-term changes."
In 2013, the City Council adopted the 50% by 2030 Community Climate Action & Resiliency Plan, a plan
to reduce community-wide GHG emissions 50% below 2003 levels by 2030. The plan is a mitigation one.
Since then, the City and its partners have begun to explore adaptation strategies.
PROJECT SUMMARY
The City of Dubuque is seeking a consultant, or team of consultants, with expertise in facilitating and
developing climate action plans to develop a new Climate Action Plan (CAP) for Dubuque which meets
the Compact of Mayors mitigation and adaptation requirements and proposes data-driven actions and
strategies. The 50% by 2030 reduction goal should be reviewed and confirmed or updated, based on
science. Throughout the CAP update project, the Consultant will play an active role in stakeholder
engagement.
The project is expected to begin July 1, 2019 and be completed by April 1, 2020. Proposals are due by
2:30 p.m. on June 14, 2019. Please see the entire RFP for specific requirements.
PROJECT PURPOSE
The City of Dubuque is seeking consultant(s) to work with staff, partners, and community members to
develop a comprehensive, science-based, robust, equitable and innovative Climate Action Plan (CAP)
that will:
• Review global and our local community's climate challenges, and define the challenges and
opportunities we face in meeting ambitious climate and GHG reduction goals;
• Serve as a mechanism to unify the City's existing and developing sustainability initiatives,
strategies and plans with appropriate climate science targets and the community's desired
priorities;
• Establish a set of climate action strategies, implementation plans and metrics for measuring
outputs and outcomes, lowering community-wide greenhouse emissions and empowering and
engaging residents, businesses and institutions with positive actions and tangible benefits; and
• Prioritize implementation strategies using an equity toolkit in order to ensure benefits for all
members of the community.
SCOPE OF WORK
The City of Dubuque seeks to develop a Climate Action Plan with a vision that is transformative and
engaging, and capable of achieving deep emissions reductions. The project scope of work will consist of
multiple elements, primarily related to community empowerment and climate action plan development.
The CAP will review the established community GHG reduction goals of 50% (of 2003 levels) by 2030 and
present a CAP to meet and hopefully exceed these reduction goals. This vision and CAP should also
integrate measures that improve quality of life, build prosperity and enhance community resilience.The
CAP will be presented in a format that is visually appealing, easy to understand, and can be translated to
a variety of inedia for different audiences. Most importantly, the creation of the CAP is intended to
mobilize the community towards change and create strategies and metrics to measure its success.
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The CAP must also utilize, align with and conform to the following:
• Global Covenant of Mavors for Climate & Ener�v requirements
• STAR Communitv Rating Svstem
• CDP online software tools such as CRAFT(Climate Risk and Adaptation Framework and
Taxonomy) and other relevant tools
• Future Dubuque climate projections from the report "Municipal Climate Adaptation: A
Report for Dubuque, lowa"
• Imagine Dubuque Comprehensive Plan
Staff and Community Team support will be provided to ensure alignment with these requirements.
The Consultant must have strong facilitation and communication skills and working knowledge or
subject matter expertise in relevant topic areas. Previous experience in facilitating community groups,
knowledge around climate change and creating community-wide climate mitigation and adaptation
plans is necessary.
The CAP will incorporate the following overarching themes:
• Adaptation, Mitigation and Resiliency:The CAP should identify climate science predicted
increased negative climate impacts and should incorporate appropriate mitigation, resilience
and adaptation throughout.
• Benefits Framing:The CAP should reinforce the benefits of climate action and focus on how the
plan's elements will improve community well-being. The CAP should discuss both the costs of
inaction in addition to discussing the costs of the recommended action.
• Social Equity:The CAP should detail impacts on different communities and groups in Dubuque,
and how the implementation will incorporate social equity and empowerment considerations;
and
• Partnerships:The CAP should incorporate actions that partners should prioritize, and how the
community can leverage these partnerships to initiate stronger climate action.
RESOURCES PROVIDED TO CONSULTANT
The City will provide the following items to the consultant to facilitate the CAP:
1. A project manager—Sustainability Coordinator
2. A Community Team—including cross-departmental staff, technical experts and a
representative from the Resilient Community Advisory Commission.
3. Copies of existing greenhouse gas inventories (Updated inventory forthcoming)
4. Copies of existing Climate Action Plan
5. Multi-jurisdictional Hazard Mitigation Plan
DESIRED PLANNING PROCESS COMPONENTS
The selected consultant will be responsible for committee coordination, project planning and
compilation of the final report to be provided to the City Council. The process will include: community
team organization, committee deliberation, public engagement, staff and community outreach and
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training, plan draft development, presentation to the City Council, and event to launch plan.
Communitv Team
• Assist the City in convening and leading the community team that will be charged with
overseeing the development of the desired CAP.The technical advisors should provide visionary
leadership and technical guidance to producing the desired CAP.
CommunitvOutreach, Engagementand Empowerment
• Identify best practices for stakeholder and resident engagement, and education. Organize the
outreach, engagement and empowerment efforts at various points in the process.
• The Climate Action Plan must reflect the values of the community which makes quality and
diverse public participation, input and leadership essential to the process. It's important the
updated CAP reflects a diverse and comprehensive representation of the Dubuque community.
The Engagement process must have a continuous presence throughout the community and
reach traditionally under-represented groups.
The engagement process must begin with a strong educational and marketing component. It must build
and carry momentum throughout the project. The engagement process will prioritize climate response
action education and community input, with an acknowledgment that the public might have a low level
of information about climate change and that accessible terms and language must be used.
An outreach strategy using storytelling is encouraged to engage the community. It is critical to link the
CAP to why community members should be involved, the benefits of climate action and the impacts of
non-action, and to demonstrate that governmental, business, institutional and individual actions will
make a difference.
Multiple channels of outreach will be used to accommodate diverse communication styles (webinar,
social media, in-person meetings, group presentations, tabling, surveys, newspaper ads, etc.). In
addition to English, the City has begun to translate key documents into Spanish and Marshallese, two
additional commonly-spoken languages in our community. We intend to explore opportunities to
translate key outreach pieces and/or events into these languages with the consultant.
The selected consultant will be responsible for developing and implementing a robust, creative, and
inclusive plan for engagement. The process, much like the Climate Action Plan document, must be
science-based, creative, interesting, meaningful and relevant to residents. The engagement plan must at
a minimum involve the following:
1. Develop and implement a public relations/educational campaign at the onset of and throughout
the project.The purpose of the campaign will be to inform residents of the purpose of the plan,
why it is important, and how it can affect them in their everyday lives. The campaign must also
inform residents of the importance of participation as well as opportunities for participation and
volunteering throughout the duration of the project.
2. Develop and implement a plan for creative, diverse, and meaningful community engagement.
The consultant will develop a schedule of events and input opportunities which at a minimum
address the channels for public engagement and communication.The consultant will be
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responsible for designing and facilitating the events and public input instruments, facilitating the
events and collecting and distilling all information for use in the plan document.
DELIVERABLES
The consultant shall deliver to the City a detailed Climate Action Plan.The CAP and presentation of
materials shall address the following sectors: residential energy, commercial energy, industrial energy,
transportation, water, and Paths toward Zero Waste. Plan development must be formatted to include
measurable actions and cost effectiveness with basic pricing estimates detailing how to implement the
CAP. CAP Components must include:
1. Reduction Targets & Implementation Strategies
Develop a descriptive roadmap for achieving the target year reduction goal in each of the sectors.
The roadmap should include policies, programs, measures, projects, infrastructure, and community
actions. The roadmap should seek to synergize mitigating emissions as well as adapting to current
and future climate change impacts such as increased temperatures and precipitation. The following
should be included:
• Develop a long-term vision that is bold and transformative for the community, divided by sector.
Determine if 50% by 2030 goal should be changed or should be shifted to a carbon budget.
• Identify actions that can be achieved or in place by 2030, with general recommended timeline
(short, medium, long-term).
o Specifically, by November 1, 2019: Create list of actions for each City department to
consider in FY21 Budget cycle preparation
• Quantify each proposed measure's potential emission reduction.
• Quantify each proposed measure's cost and benefit (including first-cost, ongoing/annual costs/
savings, co-benefits).
• Estimate feasibility (technical and financial) of strategies.
• Ensure the collective actions positively impact all populations and move the city toward greater
social equity.
• Identify any market-based instruments (e.g. further carbon pricing); education and
communication actions; alterations to institutional structures; and changes to infrastructure.
A wedge analysis will be applied to understand the contribution of individual strategies toward the
overall GHG reduction targets. This type of evaluation creates an effective visualization that includes
current emissions, future growth in emissions, and the relative and cumulative impacts of individual
strategies.
2. VulnerabilityAssessment
• Review the University of Nebraska— Lincoln Climate Adaptation report and update as
necessary.
• Provide a community vulnerability analysis to each risk with consideration to the diversity of
Dubuque.
• Develop measures to prepare and adapt for the impacts of the identified risks. These
measures should include infrastructure and community-based programming.
• Ensure all populations benefit from proposed implementation measures.
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3. Toolkit for Action
• Develop a system for monitoring and evaluating progress utilizing CDP
• Develop standard operating procedures for completing annual GHG emissions inventories
(Municipal & Community-wide) and provide templates for completing.
• Include a marketing, education, and engagement framework for communicating climate
action. Audiences should include, but not exclusively, community partners, volunteers,
businesses, institutions, residents, elected officials, and City staff.
• Develop a template for an annual report that can easily be communicated through a variety
of inedia.
4. Resource Analysis
• Provide an analysis of the labor and financial resources required by key sectors to develop,
implement, monitor and evaluate plan programs and projects.
• Provide a review of opportunities for government, private and/or outside funding for
climate mitigation and adaptation actions.
TENTATIVE SCHEDULE
The following schedule identifies milestone dates for the project.The City of Dubuque reserves the right
to adjust the schedule if necessary.
June 2019 Project Awarded
July 2019 Project Begins
November 2019 Draft Specialized Actions submitted to City Departments for consideration
during annual goal-setting and budgeting process
February 2020 Full draft report submitted
April 2020 Final Climate Action Plan for City Council approval
INFORMATION TO BE INCLUDED IN THE PROPOSAL
1. Letter of Transmittal
Provide a letter of transmittal briefly outlining the consultanYs understanding of the work and the
name, address, telephone number and email address of the consultanYs primary contact person.
2. Profile of Consultant
The proposal shall include general information about the consultant, the consultanYs scope of
expertise related to this RFP, and the consultanYs official name, address, and principal officers,
including qualifications of the project manager and other key personnel who would be assigned to
the project.
3. Qualifications
a) The proposal shall include the name of the project manager, his or her qualifications and
experience, and the names, qualifications, and experience of other key personnel who would be
associated with the project. The selection of a project manager by a consultant will constitute a
contractual commitment by that consultant and a substitute manager will not be allowed
without prior written approval by the City of Dubuque.
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b) Name and location of all other key personnel involved in the project if applicable; the type and
approximate percentage of the work that would be performed by each of these firms; and the
names, qualifications and experience of their personnel who would be associated with this
project.
c) The proposal must clearly describe the relevant experience of the project manager and other
key personnel in undertaking and completing project relevant to this RFP. Provide a matrix
matching the names of the key personnel proposed for the Dubuque project who worked on the
referenced projects.
d) The proposal shall include at least three references of past clients for projects relevant to this
RFP. These projects must have been completed within the past five years with the same project
manager, sub-consultants and other key personnel proposed for this project.
e) The proposal shall discuss the consultanYs ability to integrate this project into the consultant's
present workload.
4. Scope of Services/Methodology
Describe the methodology or strategy by which the consultant would satisfy the Scope of Services,
and/or an alternative or hybrid strategy recommended by the consultant—what process and
outcomes the consultant would suggest to make the Climate Action Plan a reality. This is the
consultanYs opportunity to convey ideas and concepts with respect to vision and goals outlined in
the Scope of Services.This will help the selection committee better evaluate the consultanYs
vision, abilities, and interest with respect to the RFP. Any methodology or strategy must embrace
and support the Sustainable Dubuque model and its principles.
5. Proposed Project Schedule
The anticipated schedule for this project is that the City of Dubuque will execute a contract with
the selected consultant by June 30, 2019 and the project will be completed by April 2020.
Provide a project schedule outlining the time period and estimated completion date of the
proposed scope of work.This should include a schedule for and description of all deliverable
products throughout the period. Products should be delivered in hardcopy and electronic formats
compatible with the City's computer software and hardware.
6. Certificate of Insurance
The selected firm will be required to meet the City's insurance requirements for professional
services, located in City of Dubuque Insurance Schedule C which is attached. A Certificate of
Insurance may be included with the proposal. A Certificate of Insurance must be provided upon
selection an prior to initiation of consultant work. Particular attention should be given to the
required limits, endorsements and additional insured requirements.
7. Fees and Compensation
Provide a proposed cost-plus expenses budget for completion of the scope of services with cost
breakdowns by scope element. Quotation of fees and compensation shall remain firm for a period
of at least 90 days from the proposal submission deadline. Please provide the proposed fees and
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compensation under separate cover. Initial screening will be done by a selection committee
without the benefit of knowing the proposed fee for services.
8. Contract
A proposed contract for services must be included in the submittal. Standard City terms and
conditions are attached and should be incorporated into a proposed contract for services.
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 may interview the short-listed firms. Initial
screening will be done without knowing the consultanYs proposed fee for services to develop a short
list. The short list of consultants may be invited to an interview with the selection committee. If held,
the interview is a very important part of the selection process.
Factors to be considered by the committee may include the following:
• Qualifications and experience of the firm and any sub-consultants.
• Qualifications and experience of the principal consulting staff and sub-consulting staff that
will work on the project.
• Results of interview process.
• Information from references.
• Grasp of project requirements and level of interest.
• Design approach/methodology in completing the scope of services, including sustainability;
creativity and problem-solving ability.
• Proposed schedule required to complete the project.
• Proposed cost to complete the project.
SUBMISSION REQUIREMENTS
The proposal should be printed double sided and preferably on paper containing recycled content.
The City of Dubuque reserves the right to reject any and all proposals and to negotiate changes with any
firms. The City of Dubuque is not liable for any cost incurred by any firms prior to the execution of an
agreement or contract. Nor shall the City of Dubuque be liable for any costs incurred by the firm that
are not specified in the contract. The City of Dubuque is an Equal Employment Opportunity Employer.
QUESTIONS REGARDING THE RFP
The City of Dubuque will be accepting only written questions regarding this RFP. Questions should be
addressed to Gina Bell, Sustainability Coordinator, 50 W 13`"Street, City of Dubuque, IA 52001 or
gbell(q�citvofdubuque.or� no later than June 3, 2019. All questions sent via email must include City of
Dubuque Climate Action Plan in the subject line. City Staff will confirm receipt of questions sent by
email. If no confirmation is received within 24 hours, it is the consultanYs responsibility to contact the
Sustainability Office to verify information was correctly sent and received. All questions and answers will
be provided to all consultants who submitted questions or requested said information by email. All
proposals must include an email address for the primary contact. Responses will be issued on or before
June 7, 2019.
PROPOSAL SUBMISSION DEADLINE
An original and seven (7) copies of each proposal, printed double sided, shall be delivered by 2:30 p.m.
CDT on June 14, 2019 to the address given below:
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Gina Bell
Sustainability Office
Cityof Dubuque
50 W. 13`"Street
Dubuque, IA 52001
The proposals shall be sealed and be clearly labeled: City of Dubuque Climate Action Plan Update.
Provide the proposed fees and compensation under separate cover. Proposals should be printed double
sided, preferably on recycled content paper.
Each consultant assumes full responsibility for delivery and deposit of the completed proposal package
on or before the deadline.The City of Dubuque is not responsible for any loss or delay with respect to
delivery of the proposals.
CONSULTANT SELECTION
The City of Dubuque anticipates award of the contract to the successful consultant/firm for this project
by July 1, 2019. Consultants/Firms whose proposals are not accepted will be notified shortly after the
selected firm has been approved by the City Council.
CITY ENCLOSURES
The following City of Dubuque documents are enclosed for reference:
• Terms and Conditions
• Insurance Schedule C
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TERMS AND CONDITIONS
The following clauses shall be included in the final signed contract:
1. CHANGE IN SCOPE OF PROJECT.
No change in scope shall be permitted without the prior written agreement of both parties.
2. 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 Vendor. 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.
3. INSURANCE.
The Vendor shall at all times during the performance of this Agreement provide insurance as required by
the attached Insurance Schedule
4. INDEMNIFICATION.
Tothe fullest extent permitted by law,Vendorshall indemnifyand hold harmless the Cityfrom 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 Vendor's SubVendor, or anyone directly or indirectly employed
by Vendor or Vendor's SubVendor or anyone for whose acts Vendor or Vendor's SubVendor may be liable,
regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified
hereunder.
5. ERRORS& OMISSIONS.
In the event that the work product prepared by the Vendor is found to be in error and revision or
reworking the work product is necessary,the Vendor agrees that it shall do such revisions without expense
to the City, even though final payment may have been received. The Vendor 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 Vendor herein.
6. SUBLETTING,ASSIGNMENT OR TRANSFER.
Subletting, assignment, or transfer of all or part of the interest of the Vendor in this Contract is prohibited
unless written consent is obtained from the Director of Transportation Services and approved by the City.
7. AMERICANS WITH DISABILITIES ACT(ADA)COMPLIANCE.
1. The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act
(Public Law 101-336,42 U.S.C. 12101 et seq.) and applicable Federal regulations under the Act.
2. Bids for design, construction, programs, policies and concessions of any type shall comply with
the 2010 Standards for Accessible Design, the ADA title II regulation, Section 504 of the 1973
Rehabilitation Act, and similar statutes and regulations prohibiting discrimination on the basis of
disability.
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3. The Contractor shall ensure that its websites and all online services, including those websites or
online services provided by third parties upon which Dubuque relies to provide services or content,
comply with, at minimum, Web Content Accessibility Guidelines - WCAG 2.0 AA.
8. ASSIGNMENT.
The City and the Contractor each is hereby bound and the partners, successors,executors, administrators
and legal representatives of the City and the Contractor are hereby bound to the other Party to the
Contract and to the partners, successors, executors, administrators and legal representatives (and said
assigns) of such other Party, in respect of all covenants, agreements and obligations of the Contract. Any
assignment or attempt at assignment made without prior written consent of the City shall be void.
9. BID CURRENCY/LANGUAGE.
All bid prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the contract
regardless of the exchange rate. All bid responses must be submitted in English.
10. BID INFORMATION IS PUBLIC.
The bid and all documents submitted with any bid shall become public documents subject to lowa Code
Chapter 22, which is otherwise known as the "lowa Open Records Law". By submitting the bid any
document to the City of Dubuque in connection with a bid,the submitting party recognizes this and waives
any claim against the City of Dubuque and any of its officers and employees relating to the release of any
document or information submitted. Each submitting party shall hold the City of Dubuque and its officers
and employees harmless from any claims arising from the release of any document or information made
available to the City of Dubuque arising from any opportunity. Bid information requested by the public or
other bidders will be provided in an alternative format if the requestor is a person with a disability and
requires an alternative form for comprehension.
11. BID REJECTION OR PARTIAL ACCEPTANCE.
The City reserves the right to accept or reject any or all bids or parts thereof. The City further reserves
the right to waive technicalities and formalities in bids, as well as to accept in whole or in part such bids
where it is deemed advisable in protection of the best interests of the City.
12. CONFLICT OF INTEREST.
Contractor represents,warrants,and covenants that no relationship exists or will exist during the Contract
period between the Contractor and the City that is a conflict of interest. No employee, officer or agent
of the Contractor shall participate in the selection or in the award if a conflict of interest, real or apparent,
exists. The provisions of lowa Code ch. 68B shall apply to the Contract. If a conflict of interest is proven
to the City, the City may terminate the Contract, and Contractor shall be liable for any excess costs to the
City as a result of the conflict of interest. The Contractor shall establish safeguards to prevent employees,
consultants, or members of governing bodies from using their positions for purposes that are, or give the
appearance of being, motivated by the desire for private gain for themselves or others with whom they
have family, business, or other ties.The Contractor shall report any potential, real, or apparent conflict of
interest to the City.
13. CONTRACT DOCUMENTS.
The Contract Documents are this Contract, the Request for Proposals, the Contractor's Proposal and
Contract Proposal Pricing Form, and the following additional documents, if any.
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In the event of a dispute with respect to any term or condition in the Contract Documents, they shall be
interpreted in the following order:this Contract, the Request for Proposals, the Contractor's Proposal and
Contract Proposal Pricing Form, and the following additional documents, if any.
14. DISPUTES.
Should any disputes arise with respect to the Contract; the Parties agree to act immediately to resolve
such disputes. Time is of the essence in the resolution of disputes. The Contractor agrees that, the
existence of a dispute notwithstanding, it will continue without delay to carry out all of its responsibilities
under the Contract that are not affected by the dispute and the City shall continue to make payment for
all work properly performed. Should the Contractor fail to continue to perform its responsibilities
regarding all non-disputed work, without delay,any additional costs incurred by the City or the Contractor
as a result of such failure to proceed shall be borne by the Contractor.The unintentional delayed payment
by the City to the Contractor of one or more invoices not in dispute in accordance with the terms of the
Contract will not be cause for Contractor to stop or delay Work.
15. FORCE MAJEURE.
Force majeure shall be any of the following events: acts of God or the public enemy;compliance with any
order, rule, regulation, decree, or request of any governmental authority or agency or person purporting
to act therefore;acts of war, public disorder, rebellion,terrorism,or sabotage;floods, hurricanes, or other
storms;strikes or labor disputes;or any other cause,whether or not of the class or kind specifically named
or referred to herein, not within the reasonable control of the Party affected. A delay in or failure of
performance of either Party shall not constitute a default hereunder nor be the basis for, or give rise to,
any claim for damages, if and to the extent such delay or failure is caused by force majeure. The Party
who is prevented from performing by force majeure shall be obligated, within a period not to exceed
fourteen (14) days after the occurrence or detection of any such event, to give notice to the other Party
setting forth in reasonable detail the nature thereof and the anticipated extent of the delay, and shall
remedy such cause as soon as reasonably possible, as mutually agreed between the Parties.
16. LAWSANDREGULATIONS.
The Contract shall be governed, interpreted and enforced in accordance with all applicable federal, State
of lowa, and local laws, ordinances, licenses and regulations and shall apply to the Contract throughout,
as the case may be. The Contractor certifies that in performing the Contract it will comply with all
applicable provisions of the federal, state, and local laws, ordinances, licenses and regulations. Venue for
any action arising out of this Contract shall be the lowa District Court for Dubuque County, lowa.
17. NO GIFT STANDARD.
The City of Dubuque is committed to upholding the highest ethical standards in all of its business practices.
This standard recognizes the need to avoid even the perception of improper gifts or favors to employees.
Therefore, all suppliers have been asked to abide by the City's "No GifY'standard. The "No GifY'standard
also applies to all offers of discounts or free items at any place of business targeted toward a City
employee and not available to the general public, regardless of the value. Please reference City AP 4.10.
18. NON-COLLUSION STATEMENT.
Neither the Contractor, nor anyone in the employment of the Contractor, has employed any person to
solicit or procure the Contract nor will the Contractor make any payment or agreement for payment of
any compensation in connection with the Contract. There is no contract, agreement or arrangement,
either oral or written, expressed or implied, contemplating any division of compensation for Work
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rendered under the Contract or participation therein, directly or indirectly, by any other person, firm or
corporation, except as documented in the Contract. Neither the Contractor, nor anyone in the
employment of the Contractor, has either directly or indirectly entered into any agreement, participated
in any collusion or otherwise taken any action in restraint of free competitive procurement in connection
with the Contract.
19. NON-DISCRIMINATION AND EQUAL OPPORTUNITY.
All Contractors that engage in contracts with the City of Dubuque, lowa agree as follows:The Contractor
will not discriminate against any employee or applicant for employment because of race, sex, color,
creed, ancestry, national origin, marital status, Familia status, religion, age, disability, sexual orientation,
gender identity, genetic information, status with regard to public assistance, status as a veteran or any
classification protected by federal, state, or local law, (Protected Classes) except where age and sex are
essential bona fide occupational requirements, or where disability is a bona fide occupational
disqualification. Such action shall include, but not be limited to the following; (a) Employment, (b)
Upgrading, (c) Demotion or transfer, (d) Recruitment and advertising, (e) Layoff or termination, (f) Rate
of pay or other forms of compensation, and (g) Selection for training, including apprenticeship. The
Contractor further assures that managers and employees comply with both the spirit and intent of
federal, state, and local legislation, government regulation, and executive orders in providing affirmative
action as well as equal opportunity without regard to the protected classes, as stated above. The
Contractor will include, or incorporate by reference, the provisions of the nondiscrimination clause in
every contract or subcontract unless exempt by the rules, regulations or orders of the City's Affirmative
Action Program and will provide in every contract or subcontract that said provision will be binding upon
each Contractor.
20. REGULATORYAGENCYCOMPLIANCE.
Compliance with laws and regulations setforth by regulatoryagencies is required. These agencies include,
but are not limited to, OSHA — Occupational Safety & Health Agency, EPA — Environmental Protection
Agency, ICC — Interstate Commerce Commission, DNR — Department of Natural Resources, DOT —
Department of Transportation, and FTA-Federal Transit Authority. The City of Dubuque expects that
Contractors will offer expertise on conformance of regulations applying to the products they sell and the
work performed.
21. SAFETY DATA SHEETS.
The Hazard Communication Standard (HCS) requires chemical manufacturers, distributors, and importers
to ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged,or marked
and to provide Safety Data Sheets (SDS) to communicate the hazards of hazardous chemical products. It
is the chemical supplier's responsibility to determine which products are covered and to provide SDS with
the initial shipment. It is also the chemical supplier's responsibility to provide any updated or revised SDS,
as they become available for any products sold and delivered to the City of Dubuque. City of Dubuque
employees shall not accept a shipment of any chemical that does not have a SDS attached or currently on
file.Safety Data Sheets shall be available in alternative formats if the requestor is a person with a disability
and requires an alternative format for comprehension.
22. TAXES.
The City of Dubuque is exempt from sales tax and certain other use taxes. Any charges for taxes from
which the City is exempt will be deducted from invoices before payment is made.
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23. TERMINATION OF CONTRACT.
The City may terminate the Contract at any time for any reason with or without cause. In that event, all
finished or unfinished Work, reports, materials(s) prepared or furnished by the Contractor under the
Contract shall, at the option of the City, become its property. If the Contract is terminated by the City as
provided herein, the Contractor shall be paid for all Work which has been authorized, provided, and
approved up to the effective date of termination. The City will not be subject to any termination fees
from the Contractor.
24. WARRANTIES.
The Contractor shall perform pertaining to the Project as set forth in the Contract.
Contractor represents that the Project and all of its components shall be free of defects; shall be
performed in a manner consistent with other Contractors in a similar industry and application; and shall
conform to the requirements of the Contract.
Contractor shall be responsible for the quality, technical accuracy, completeness and coordination of all
Work performed under the Contract. Contractor shall, promptly and without charge, provide all
corrective Work necessary as a result of Contractor's acts, errors, or omissions with respect to the quality
and accuracy of the Work.
Contractor shall be responsible for any and all damages to property or persons as a result of Contractor's
acts, errors, or omissions, and for any losses or costs to repair or remedy any Work undertaken by City
based upon the Work as a result of any such acts, errors, or omissions.
Contractor's obligations shall exist without regard to, and shall not be construed to be waived by, the
availability or unavailability of any insurance, either of City or Contractor.
25. WARRANTIES - INTELLECTUAL PROPERTY.
Contractor represents and warrants that all the materials, goods and work produced, or provided to the
City pursuant to the terms of the Contract shall be wholly original with the Contractor or that the
Contractor has secured all applicable interests, rights, licenses, permits or other intellectual property
rights in such materials, goods and work. The Contractor represents and warrants that the materials,
goods and work, and the City's use of same, and the exercise by the City of the rights granted by the
Contract shall not infringe upon any other work or violate the rights of publicity or privacy of,or constitute
a libel or slander against, any person, firm, or corporation. Contractor further represents and warrants
that the materials and works do not infringe upon the copyright, trademark, trade name, trade dress
patent, statutory, common law or any other rights of any person, firm or corporation or other entity. The
Contractor represents and warrants that it is the owner of or otherwise has the right to use and distribute
the goods and work contemplated by the Contract.
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