Request for Proposal - Consulting Services for Geodetic Control Network Update / Aerial Photography Copyrighted
September 16, 2019
City of Dubuque Consent Items # 26.
ITEM TITLE: Requestfor Proposal - Consulting Services for Geodetic
Control Network Update and Aerial Photography Project
SUMMARY: City Manager recommending approval of the release of a
Request for Proposal to provide consulting services for
geodetic control network update and aerial photography
project.
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve
ATTACHMENTS:
Description Type
Geodetic Control Network Update RFP-MVM Memo City Manager Memo
Staff Memo Staff Memo
RFP Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Request for Proposals: Consulting Services for Geodetic Control Network
Update and Aerial Photograph Project
DATE: September 11, 2019
GIS Coordinator/Analyst Nikki Rosemeyer recommends City Council approval of the
release of a Request for Proposal to provide consulting services for geodetic control
network update and aerial photography project.
In Fiscal Year 2019, the City Council approved a capital improvement package for aerial
orthophotography and LiDAR data collection in the amount of $160,000. The purpose
of this improvement package was to procure aerial orthophotography for the City of
Dubuque and surrounding area, update the City's control network, and to generate
LiDAR data and 1' contours.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Nikki Rosemeyer, GIS Coordinator/Analyst
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TO: City Manager Michael Van Milligen
FROM: GIS Coordinator/Analyst Nikki Rosemeyer
RE: Request for Proposals: Consulting Services for Geodetic Control Network Update
and Aerial Photography Project
DATE: August 30, 2019
BACKGROUND
In Fiscal Year 2019 (FY19), the City Council approved a capital improvement package for aerial
orthophotography and LiDAR data collection in the amount of $160,000. The purpose of this
improvement package was to procure aerial orthophotography for the City of Dubuque and
surrounding area, update the City's control network, and to generate LiDAR data and 1' contours.
The last time the City received horizontally and vertically accurate aerial photography was in 2009.
Since then, most of the City's orthophotography has come from Dubuque County as a byproduct
of Pictometry (oblique imagery) and varies in accuracy anywhere from 3-10' horizontally and
vertically. The imagery can be used for background only and cannot be used to accurately locate
and map utilities or impervious surfaces for stormwater fees.
The City's control network, used to provide horizontal and vertical control for the design of
projects, has not been updated since 1996. The current network is out of date related to its
coordinate system, and some monuments will likely need repair or replacement. The network
may also require expansion to fulfill the needs of the City's 2-mile project review area and future
community expansion.
LiDAR data and contours are used by the City, consultants, and developers for projects in and
around the City. Having accurate contours and topographic information is imperative for project
development.
DISCUSSION
Consulting Services for this project were included in the overall budget for the aerial
orthophotography and LiDAR data collection project. It is the intent of the GIS
Coordinator/Analyst to hire a consultant who will manage the aerial, LiDAR, and control network
pieces of the project. This will allow an expert in the field to manage the project for the City, and
allow the GIS Coordinator/Analyst to work on other key functions of her position.
The attached request for proposals (RFP) outlines the consulting services requested.
ACTION REQUESTED
The GIS Coordinator/Analyst respectfully request the City Manager and City Council approve the
release of the attached request for proposals to begin this project.
REQUEST FOR PROPOSAL (RFP)
TxE cTTY oF ISSUE DATE: September 17, 2019
D�� � CONTACT: Nikki Rosemeyer
PHONE NO: 563-589-4174
FAX NO: 563-589-4149
Masterpiece on the Mississippi EMAIL: nrosemeyer@cityofdubuque.org
SUBMIT PROPOSAL/OFFER PRIOR TO: SUBMIT TO:
CLOSING DATE: October 11, 2019 Dubuque City Clerk
CLOSING TIME: Prior to 2:00 P.M. CDT 50 W. 13�" Street
Dubuque, IA 52001
DESCRIPTION:
City of Dubuque
The Public Information Office
Consulting Services for Geodetic Control Network and Aerial Photography
❑ RECEIPT OF PROPOSAL ACKNOWLEDGEMENT
If you are considering a response to this RFP, please mark the box to
the left, fill in the information below and return this sheet as a confirmation
that you received this RFP.
❑ NO RESPONSE REPLY
If you do not want to respond to this RFP at this time, please mark the
box to the left, fill in the information below and return this sheet only.
COMPANY NAME: DATE:
MAILING ADDRESS:
CITY/STATE: ZIP CODE:
AUTHORIZED SIGNATURE:
PRINTED NAME:
TITLE OF AUTHORIZED REPRESENTATIVE:
EMAIL: PHONE:
1
REQUEST FOR PROPOSALS
CONSULTING SERVICES FOR
GEODETIC CONTROL NETWORK
UPDATE AND
AERIAL PHOTOGRAPHY
P ROJ E CT
THE CITY OF
DuB E
Masterpiece on the Mississippi
CITY OF DUBUQUE , IA
SEPTEMBER 17, 2019
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Table of Contents
SECTION PAGE
1.0 Introduction 4
2.0 Community Profile 4
3.0 Background 4
4.0 Project Scope of Services 5
5.0 Project Timeline 5
6.0 Information to be Included in the Proposal 6
7.0 Proposal Questions and Answers 6
8.0 Submission Requirements 7
9.0 Examination and Retention of Vendor's Records 8
Appendix A Vendor Evaluation and Selection Process 9
Appendix B RFP Rules 13
Appendix C Terms and Conditions 15
Appendix D Insurance Schedule 22
Exhibit A Map of monument locations and proposed LiDAR and aerial 27
ro�ect areas
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1.0 INTRODUCTION
The City of Dubuque, IA, (pronounced duh-BUK� is soliciting proposals from qualified
professional firms for consulting services related to updating the City's Geodetic Control
Network and Aerial Photography. The acquisition of aerial photography and LiDAR data
is anticipated for spring 2020.
2.0 COMMUNITY PROFILE
Dubuque is located on the Mississippi River in eastern lowa, where Illinois, lowa, and
Wisconsin meet. The community is nearly 32 square miles in area, with a population of
approximately 60,000 people. Dubuque distinguishes itself from the typical flat-lowa
stereotype with its limestone bluffs, hilly landscapes, and beautiful river vistas.
The Dubuque metropolitan area has a stable and diversified economy, hosting over
62,000 jobs. Dubuque is the major retail, medical, education, and employment center for
the tri-state area. Tourism is a major economic boon, with millions of people visiting the
place where lowa started every year.
Dubuque's annual combined operating and capital budget is nearly $274 million, and
funds a full range of services for its residents. More information on the City of Dubuque
government can be found at www.citvofdubuque.orq.
3.0 BACKGROUND
Geodetic Control Network Information
Dubuque's geodetic control network was last updated in 1996 and consists of 68
monuments in and around the city. This control network has not been updated to the
current NAD83 datum. It is expected some of the monuments may be damaged and/or
missing. The network may require additional monumentation to meet the needs of future
development and in order to realize accurate results in the proposed orthophotography
and LiDAR area.
A shapefile of the monument locations will be provided by the City of Dubuque at the
request of the proposer.
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Aerial Photoqraphv Information
The City of Dubuque has not acquired aerial photography since 2009. The City uses
Pictometry imagery created in 2016 for Dubuque County. Dubuque uses digital ortho-
rectified imagery to support GIS (geographic information systems) and other mapping and
design applications. The City of Dubuque would like natural color 3" pixel imagery and
LiDAR-generated contours and DEM; however, the full details of the aerial photography
project will be finalized as a part of the photogrammetric consulting services requested
herein.
Exhibit A shows the location of the monuments, as well as the proposed project areas for
LiDAR data collection and aerial data collection. A tiling scheme has been established
as a part of a previous aerial project, and the City would prefer to expand on that tiling
scheme instead of creating a new one.
4.0 PROJECT SCOPE OF SERVICES
The successful consultant will oversee both the updating of the control network and
procuring/managing the aerial photography project. The following steps are expected to
be a part of each project:
Geodetic Control Network Information
. Pre-Survey Monument Reconnaissance;
. Replacement of destroyed and/or damaged monuments;
. Placement of new monumentation if needed;
. Static GPS field observations and post-processing;
. Geodetic Network Adjustment to NAD 83(2011) (aka NA 2011) horizontal datum;
. GPS Survey Report in appropriate lowa State Plane and lowa Regional Coordinate
System zones.
Aerial Photoqraphy Information
. Suggested flight criteria for 3" or 0.25-foot GSD pixels and LiDAR data collection;
. Development of Request for Proposals, publication, and vendor selection;
. QA/QC of deliverables;
. National Standard for Spatial Data Accuracy (NSSDA) testing for horizontal and
vertical accuracy;
. Visual review of tested digital ortho tiles;
5.0 PROJECT TIMELINE
The schedule for this request for proposals is as follows:
RFP issued to Vendors: September 17, 2019
Question and Clarification Deadline: September 30, 2019
Proposals due: October 10, 2019
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Vendor Interviews: To be Determined
6.0 INFORMATION TO BE INCLUDED IN PROPOSAL
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 Vendor's understanding of the work,
which specific sections of the Scope of Project are addressed in the submitted proposal
and list the Vendor's primary contact name, address, telephone number, fax number and
e-mail address.
Profile of Firm
Briefly provide general information about the Vendor, along with its area of expertise and
experience as it relates to this RFP.
Scope of Services
Describe the means or strategy by which the Vendor would satisfy the requirements of
this RFP.
Acknowledqement of Addenda
It is the Vendor's responsibility to check for issuance of any addenda.
The Vendor hereby acknowledges receipt of the following addenda:
Addenda Date: Addenda Date:
Number: Number:
Addenda Date: Addenda Date:
Number: Number:
Addenda Date: Addenda Date:
Number: Number:
7.0 PROPOSAL QUESTIONS AND ANSWERS
All questions and requests for clarification need to be submitted via email to Nikki
Rosemeyer, Dubuque's GIS Coordinator/Analyst, at nrosemeyer@cityofdubuque.org. All
questions, clarifications, and responses will be posted on the website
https://www.citvofdubuque.orq/2782/34768/Control-and-Aerial-R FP.
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No answers given in response to questions submitted shall be binding upon this RFP
unless released in writing (letter, fax or email) as an officially numbered and titled
addendum to the RFP by the City of Dubuque.
From the date of issuance of the RFP until final City action, the Vendor shall not discuss
the RFP with or contact any other City of Dubuque staff or any of the Selection Committee
members except as expressly authorized by the City's GIS Coordinator/Analyst. Violation
of this restriction will be considered a violation of the rules and be grounds for
disqualification of the Vendor's proposal.
The City's GIS Coordinator/Analyst information is as follows:
Nikki Rosemeyer
City of Dubuque Public Information Office
50 West 13�h Street
Dubuque, lA 52001
E-mail: nrosemever(c�citvofdubuque.orq
Phone: 563.589.4174
Fax: 563.589.4149
8.0 SUBMISSION REQUIREMENTS
Before submitting a proposal, each Vendor shall make all investigations and examinations
necessary to ascertain any challenges affecting the full performance of the contract and
to verify any representations made by the City upon which the Vendor will rely.
PROPOSAL SUBMITTAL INFORMATION
• Submittal Deadline: Prior to 2:00 p.m. CDT, October 10, 2019
• Submittal Location: City of Dubuque
City Clerk's Office
50 West 13th Street
Dubuque, lowa 52001-4864
• Submittal Copies: Five (5) sets of the proposal shall be provided.
Submit one (1) original signed proposal and four (4) copies.
Proposals must be submitted in hard copy no later than the date and time set out in this
document. Each addendum should be acknowledged in the Letter of Transmittal by
providing the addendum number and title. It is solely the Vendor's responsibility to ensure
that the Vendor has received all addendums to this RFP before submitting the proposal.
Each Vendor assumes full responsibility for delivery and deposit of the completed
proposal package on or before the deadline.
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The City is not responsible for delays occasioned by the U.S. Postal Service, the internal
mail delivery system ofthe City, or any other means of delivery employed by the Proposer.
Similarly, the City is not responsible for, and will not open, any proposal responses that
are received on or after the time stated above. Late submittals will be retained in the RFP
file, unopened. No responsibility will be attached to any person for premature opening of
a proposal not properly identified.
The City of Dubuque is not liable for any costs incurred by any Vendor prior to the
execution of a contract. Nor shall the City of Dubuque be liable for any costs incurred by
a Vendor that are not specified in any contract. All results from this project will remain
the property of the City of Dubuque.
9.0 OWNERSHIP, EXAMINATION AND RETENTION OF VENDOR'S RECORDS
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 Cityand the Consultantagree that any electronic files prepared by either party shall
conform to the specifications listed in Attachment of the contract. Any change to these
specifications by either the City or the Consultant is subject to review and acceptance
by the other party. Additional efforts by the Consultant made necessary by a change to
the CADD software specifications shall be compensated for as Additional Services.
The City is aware that significant differences may exist between the electronic files
delivered and the respective construction documents due to addenda, change orders or
other revisions. In the event of a conflict between the signed construction documents
prepared by the Consultantand 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.
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Appendix A
Vendor Evaluation and Selection Process
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INITIAL EVALUATION CRITERIA
Proposals will be screened to ensure that they meet the minimum requirements of the
required format. A selection committee will review qualifying proposals and select
Vendors for placement on the Vendor short-list for the project. The following criteria in
order of their relative importance (most is first, least is last)will be used to initially evaluate
submitted proposals.
1. A high level of professional competence and a proven track record in providing
consulting services for Geodetic Control Network and Aerial Photography.
a. Qualifications and experience of the Vendor and any SubVendors.
b. Demonstration of the project team's professional expertise and technical
abilities.
c. If a joint venture with SubVendors, the track records of the Vendor's
SubVendor experience working together.
d. Experience of the Vendor working on municipal projects.
e. Experience of the Vendor working on municipal projects in lowa.
2. 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.
c. Ability of the Vendor's team to demonstrate initiative, motivation, and
knowledge as an indication of their desire to work with the City of Dubuque.
3. Proposed schedule required to complete project.
4. Quality and completeness of the written proposal. The proposal should clearly
demonstrate understanding of the City's overall objectives for consulting services
for Geodetic Control Network and Aerial Photography.
VENDOR SHORT-LIST EVALUATION CRITERIA
The selection committee will again review the qualifying proposals of only the short-listed
Vendors. The following criteria are among those that will be used to evaluate the Vendors
on the short-list.
1 . Qualifications and Technical Capability of the Vendor (40 Percent)
The evaluation will be based upon:
o Results of customer references related to similar projects
o Demonstrates understanding of the project and its requirements
o Utilizes and promotes current technologies and practices
o Minimizes risk by use of the most current, proven and available state-of-
the-art technologies.
2. Experience Base of the Vendor (20 Percent)
The evaluation will be based upon:
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o Breadth and depth of project experience with and past performance on
similar projects.
o Overall installation and deployment experience.
o Financial solvency and capacity.
3. Qualifications of Personnel Assigned to the Project (20 Percent)
The evaluation will be based upon:
o Project management team.
o Organization of the work and management plan.
o Availability of key personnel.
4. Price (20 Percent)
The evaluation will be based upon:
o Comparative to similar proposals for each element in the Price Proposal
Form.
o Unit prices comparable to similar unit prices in the industry.
Following completion of the interview process (should it be necessary), the Selection
Committee will review the evaluation of the written proposal relative to the input received
during the interview process and prepare a final ranking of the short-listed respondents.
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.
The Consultant shall indicate in the WBS the work tasks that will be completed by City
staff.
The format of the WBS shall summarize the fixed fee for each task listed, plus individually
list in separate section any associated reimbursable expenses that would specifically
relate to this project. A sample format of a WBS can be obtained from the City if desired.
Once the selected Consultant has prepared the WBS, the City and the Consultant will
meet and the final scope of work for the project will be negotiated by joint revision to the
WBS in order to best meet the goals of the project while considering available funding.
During the negotiation process, tasks to be completed by City staff, work reassignment
to different project team members, and the addition or elimination of tasks may be
modified on the WBS in order 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
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Consultant shall incorporate the WBS into the contract documents being prepared for
signature.
If a contract satisfactory and advantageous to the City can be negotiated at a price
considered fair and reasonable, the award shall be made to that offerer. Otherwise,
negotiations with the offerer ranked first shall be formally terminated and negotiations
commenced with the Consultant ranked second, and so on until a contract can be
negotiated that is acceptable to the City.
Upon the successful completion of contract negotiations, the selection committee shall
recommend that the City Manager execute a contract with the successful Consultant.
The City Manager will in turn make a decision to execute the contract or request the
Dubuque City Council make a final determination to award and execute the contract with
a Consultant.
Pavment for Work: The Consultant awarded the contract shall be paid once monthly.
The invoiced amount shall be based on the Earned Value of the percent work completed
as reported on the most recently updated and submitted WBS.
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Appendix B
RFP Rules
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MINOR IRREGULARITIES
The City reserves the right to waive minor irregularities in submitted proposals, provided
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 Vendor an advantage or benefit not enjoyed
by other prospective Vendors.
EXCEPTIONS
Vendor exceptions to any part of the requirements stated in this RFP 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 has
recommended a contract be negotiated with the recommended Vendor. 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", "musY', 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.
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Appendix C
Contract Terms and Conditions
is
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.
To the fullest extent permitted by law, Vendor 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 itsel� 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 forwhose 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.
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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.
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.
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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.
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 pertorm 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.
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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. LAWS AND REGULATIONS.
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 Gift" standard. The "No Gift" 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 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.
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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, (� 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. 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.
21. 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.
22. 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.
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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.
27. 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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Appendix D
Insurance Schedule
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INSURANCE SCHEDULE J
1. shall furnish a signed certificate of insurance to the City of Dubuque, lowa for
the coverage required in Exhibit I prior to commencing work and at the end of the project if the
term of work is longer than 60 days. Contractors presenting annual certificates shall present a
certificate at the end of each project with the final billing. Each certificate shall be prepared on
the most current ACORD form approved by the lowa Department of Insurance or an equivalent
approved by the Director of Finance and Budget. Each certificate shall include a statement under
Description of Operations as to why the certificate was issued. Eg: Project# or Project
Location at or construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
lowa and all insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of
these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance
shall be considered a material breach of this agreement.
5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during
the performance of work insurance for the coverages described in this Insurance Schedule and
shall obtain certificates of insurances from all such subconsultants and sub-subconsultants.
Contractors agree that they shall be liable for the failure of a subconsultant and sub-
subconsultant to obtain and maintain such coverages. The City may request a copy of such
certificates from the Contractor.
6. All required endorsements shall be attached to certificate of insurance.
7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or
an equivalent form may be substituted if approved by the Director of Finance and Budget and
subject to the contractor identifying and listing in writing all deviations and exclusions from the
ISO form.
8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law
or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the
required minimum limits then the provider's limits shall be this agreemenYs required limits.
9. Contractor shall be responsible for deductibles and self-insured retention.
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INSURANCE SCHEDULE J (continued)
Exhibit I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG 00 01, or business owners form BP 00 02, shall be clearly
identified.
2) Include ISO endorsement form CG 25 04"Designated Location(s) General
Aggregate LimiY' or CG 25 03 "Designated Construction Project (s) General
Aggregate LimiY' as appropriate.
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement. (Sample
attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 26.
6) Policy shall include Waiver of Right to Recover from Others endorsement.
B) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by lowa Code Chapter 85.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
Nonelection of Workers' Compensation or Employers' Liability Coverage under lowa
Code sec. 87.22. Completed form must be attached.
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INSURANCE SCHEDULE J (continued)
D) UMBRELLA/EXCESS LIABILITY $1,000,000
Umbrella/excess liability coverage must be at least following form with the underlying
policies included herein (General Liability, Automobile, Workers Compensation).
E) PROFESSIONAL LIABILITY $1,000,000
Provide evidence of coverage for 5 years after completion of project.
F) CYBER LIABILITY $1,000,000
_yes _no
Coverage for First and Third Party liability including but not limited to lost data and
restoration, loss of income and cyber breach of information.
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PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, lowa under Code of lowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coveraqe. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of lowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of lowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunitv. The City of Dubuque, lowa shall be responsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non-Denial of Coveraqe. The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, lowa.
No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
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EXHIBIT A: PROJECT AREAS AND CONTROL NETWORK
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