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Historic Millwork District Parking Lot Design RFPMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Historic Millwork District Parking Lot Design Request for Proposal DATE: October 27, 2010 Parking Division Manager Tim Horsfield recommends City Council approval to distribute a Request for Proposal for the design of two parking lots located in the Historic Millwork District. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Tim Horsfield, Parking Division Manager Michael C. Van Milligen Dubuque hitid All- America cny f 2007 Masterpiece on the Mississippi October 25, 2010 To: Michael C. Van Milligen, City Manager From: Tim Horsfield, Parking Division Manager Subject: Historic Millwork District Parking Lot Design Request for Proposal Dubuque kerd *America City 1 2007 Introduction The memo is intended to provide you with information on a Request for Proposal (RFP) for the design of two parking Tots located in the Historic Millwork District. Discussion At the City Council on October 18 2010, the purchase of property in the Historic Millwork District located between Jackson and Elm and 9 and 10 Streets from Warehouse Development LLC was approved. The purpose of this purchase is to construct a parking lot to be owned and operated by the City of Dubuque. This lot is to accommodate the need for residential, commercial and retail markets within the District. In addition, the City of Dubuque has also entered into conversations with the State of Iowa Department of Transportation to enter into a "mutual benefit" agreement for the City to use this lot as parking for the district. This procurement of this agreement is being handled by the Engineering Department but according to Jon Dienst, is far enough along, that the parking lot design for this area is incorporated into this proposal. In several conversations with the stakeholders in the Millwork District, we have established that the need for approximately 520 parking spaces will be in the near future of the development. Through private parking opportunities and the two lots we are proposing to design, we will make a substantial initial contribution to this need. We are in the process of looking at additional property acquisition in the area and also seeking funding for a parking structure. Preliminary designs have indicated that we will have approximately 312 spaces in these two lots. Funding for the project has been established through the Economic Development Department as indicated in CIP # 360 -2250 with a current balance of $2,060,000.00. This account is also used for procurement of the land and the construction of the parking Tots themselves. Millwork District Parking Lot Design Request for Proposal October 25, 2010 Page II As soon as you and subsequently the City Council approve the distribution of the Request for Proposal, I will them establish a committee to participate in the design of the project. Action Requested I am requesting your approval and recommendation of approval to the City Council for the Request for Proposal. cc: Dave Heiar, Economic Development Director Jenny Larson, Budget Director REQUEST FOR PROPOSAL (RFP) THE CITY OF 1II1JB � ISSUE DATE: October 19, 2010, CONTACT: Tim Horsfield PHONE NO: 563 - 589 -4267 FAX NO: EMAIL: thorsfie @cityofdubuque.org Masterpiece on the Mississippi SUBMIT PROPOSAUOFFER PRIOR TO: CLOSING DATE: December 7, 2010 CLOSING TIME: 1:00 P.M. (local time) SUBMIT TO: SEE Section 8.0 FAX/EMAIL NOT ACCEPTED DESCRIPTION: Parking Lot Design in the Millwork District RECEIPT OF PROPOSAL a If you are considering a response the left, fill in the information below that you received this RFP. NO RESPONSE REPLY If you do not want to respond to ACKNOWLEDGEMENT to this RFP, please mark the box to and return this sheet as a confirmation this RFP at this time, please mark the below and return this sheet only. box to the left, fill in the information COMPANY NAME: DATE: MAILING ADDRESS: CITY /STATE: ZIP CODE: AUTHORIZED SIGNATURE: PRINTED NAME: TITLE OF AUTHORIZED REPRESENTATIVE: EMAIL: PHONE: CITY OF DUBUQUE PARKING DEPARTMENT REQUEST FOR PROPOSAL Parking Lot Design in Millwork District October 19, 2010 Page 2 of 36 RFP ORGANIZATION Parking Lot Design in Millwork District October 19, 2010 Table of Contents: PAGE Introduction 4 2.0 Project Objectives 4 SECTION 1.0 3.0 Community Background 4.0 Project Scope of Services 5.0 Use of City Resources 6.0 Information to be Included in the Proposal 7.0 Proposal Question and Answers 8.0 Submission Requirements Appendix A Appendix B Appendix C Appendix D Appendix E Design Firm Evaluation Selection Process 4 5 7 8 10 11 14 RFP Rules and Protest Procedure 18 City of Dubuque Contract Terms and Conditions 20 Insurance Requirements 23 Description /Maps of Proposed Lots 33 Page 3 of 36 Historic Millwork Parking Lot Design 1.0 INTRODUCTION Consultant Professional Services Request for Proposal October 19, 2010 The City of Dubuque, Iowa is soliciting competitive sealed proposals from qualified professional consulting firms to design and perform construction administration for the parking lots within the Historic Millwork District. After a professional services agreement is negotiated, the City anticipates the design will be completed as rapidly as possible and take approximately 90 days for the final design to be submitted. The final design shall be delivered to the city within 90 days. The selected firm will be expected to complete the contracted scope of services within the specified timeframe, under the general direction and coordination of the City's Parking Department as authorized by the City Council. 2.0 PROJECT OBJECTIVES The City is seeking to hire a firm that will meet with various stakeholder groups affected by the project to understand and discuss the current parking needs the proposed facility will address within the Historic Millwork District and surrounding areas. The completed design will consider various modes of transportation, stakeholder and community input, and overall operations of the parking lots. The design firm shall meet frequently with the City to ensure that the site is developed in a manner that maintains compatibility between city objectives and applicable federal and state regulations. In summary, the City is seeking a design firm to design parking areas by assessing the needs of stakeholders and the proposed facility, complete a detailed Environmental Analysis and review all previous environmental studies, hazardous material assessments and incorporate all necessary information in the development of plans and specifications for a subsequent formal bidding process. Page 4 of 36 3.0 COMMUNITY BACKGROUND The City of Dubuque is located on the Mississippi River in northeastern Iowa, adjacent to Illinois and Wisconsin. The City is approximately 30 square miles in area, with a population of approximately 60,000 people. The City's annual operating and capital budget is nearly $169 million and funds a full range of services. The City's web site is www.cityofdubuque.orq. The community has a stable and diversified manufacturing base and a growing service sector. Dubuque is the major retail, medical, education and employment center for the tri- state area. Tourism continues to be a major economic force in the community. City government works in collaboration with the private sector to promote economic development. The job creation and unemployment numbers show that Dubuque is holding steady in the current economic climate. Dubuque's construction numbers reveal an even more encouraging picture. The City has formed strong relationships with the local business community to promote continued economic growth and success. In 2006, the Mayor and City Council identified Sustainability and Green City designation as a top priority. Since then, the city has been working to implement this priority as listed on the www.sustainabledubuque.org website on all projects. Dubuque's 11 Sustainable Principles should be applied to all aspects of the project. Dubuque's Reasonable Mobility principle supports mixed modes of transportation including transit, taxi, intercity bus, bicycling, pedestrian connections and the reestablishment of a passenger rail connection to Chicago. 4.0 PROJECT SCOPE OF SERVICES The following outline represents the minimum components for providing the final design for the parking lot designs and Environmental Analysis, much of which has been completed, however needs to be incorporated into the design and construction documents. The Consultant should describe the means or strategy by which they will satisfy the Scope of Services, or at the Consultant's preference provide an alternative, or second additional hybrid strategy that would improve the results of the project. 4.1 — Project Management & Accounting 4.1.1 The design firm shall identify one person to serve as the Project Manager for this project. The Project Manager shall be the leader of this effort and is expected to ensure that the project scope, schedule and Total Project Cost (TPC) budget are being monitored and adhered to at all times during design. One of the Project Manager's prime responsibilities is to track and facilitate solutions for any issues that may arise during the design. Additionally, the Project Manager shall serve as the primary point of contact for all exchange of information between the City and the Consultant. 4.1.4 The Project Manager shall maintain an updated Total Project Cost budget for the duration of the project. Page 5 of 36 4.2 - Project Manager Deliverables The following is a list of requirements that shall be provided throughout the design phase. 4.2.2 The Project Manager shall submit an updated electronic copy of the project schedule during the first week of each month. 4.2.3 The TPC budget shall be submitted to the City in an electronic file format during the first week of each month. 4.2.4 The Project Manager shall submit the progress report during the first and third week of each month. The summary shall be submitted by electronic mail and be less than a single page in length. 4.2.5 The Project Manager shall deliver a final parking lot design and complete set of bid documents ready for submission to the City Council for construction of the designed parking lots. These bid documents must include all restrictions and procedures that are required as a result of any Environmental Analysis completed on the parking lot areas or surrounding areas that could be impacted by the construction. It is also the responsibility of the design firm to assure that sufficient environmental contamination testing has been completed to assure compliance with all local, state and federal regulations prior to submitting the final design and bid documents for construction to the City. 4.3 — Parking Lot Location 4.3.1 The parking lots to be designed are located in the Historic Millwork District. The one lot to be designed has recently been purchased by the City of Dubuque and is described as follows: City Lot 2 of Center City Place in Dubuque, lowa(except seller retains the building locally known as the "Alamo Building "(The Building) and the real estate under and around such building identified on Exhibit "A" consisting of 15 feet of property on the Ease side of the Alamo Building and 15 feet on the South side of the Alamo Building. See Exhibit A. In addition, the City of Dubuque is pursuing an agreement with the Iowa Department of Transportation for the use of the portion of land in a triangular shape on the east side of Elm Street which also falls under this document and is to be designed for parking under this contract with all the same considerations to be included in the final design documents. See Appendix E 4.4 Design Work Required Page 6 of 36 4.4.1 Design firm will be responsible for the total design of the two parking lots. Design work must provide for the most efficient layout of the parking area to provide for the most parking spaces in the limited space available. The selected firm will also coordinate with IDOT for site plan review and also obtain City of Dubuque site plan approval. 4.4.2 Design firm will be responsible for the design of all landscaping for the area. Landscaping design must meet all design standards for the City of Dubuque and also design standards that may be specific to the Historic Millwork District. The firm will integrate minor pedestrian amenities as requested by the design committee such as water fountains designed to fill water bottles and also pet water fountain. 4.4.3 Design firm will be responsible for the design of all storm water systems. This design must take into consideration all efforts and standards of the City of Dubuque to sustainably manage storm water by use of on -site handling of storm water though use of bio- swales or other comparable systems. 4.4.4 The design firm will be responsible for the design of lighting for parking lot areas and adjacent areas to the parking lots that may be designed as "green space" as part of this project. The design firm is responsible to assure safe lighting levels are established and maintained in all areas. Lighting levels must meet minimum industry standards established for parking areas. This work shall also include all necessary coordination with the utility company. 4.4.5 The design firm will consider user /customer safety as a prime component in the total design of this area. Safety of users must be a prime concern in the layout, lighting and establishment of emergency call phone locations and security camera systems. Safety must also be considered when designing the layout of parking and traffic flow. 4.4.4 Environmental concerns criteria shall include review of all NEPA requirements including floodplain constraints, historical importance, hazardous materials, conservation of land area, etc. necessary for the project to obtain environmental clearances to produce a finding of Categorical Exclusion for the project. 4.4.5 The firm will accept input and provide drawings and general design information to the design committee as established by the City at a minimum of three meetings. 4.4.5 The parking lot design must meet all City of Dubuque Engineering standards relative to surface and subsurface requirements. 4.4.6 The parking lots must be designed to meet all City of Dubuque requirements as outlined in the Purchase Agreement of said property. See Appendix E. 4.4.7 The selected firm will also be responsible for construction administration during the actual construction of the parking area. This will include assurances that all of the plans, specifications, hazardous materials abatement, local, state and federal regulations are followed by the general contractor. 4.5— Environmental Contamination Coordination 4.5.1 Previous Environmental Studies and Analysis have been completed on these areas. It is the design firm's responsibility to review all existing documents and recommend further testing or evaluation upon approval by the City of Dubuque as deemed necessary. 4.5.2 The design firm is also responsible for coordinating the development of any soils remediation plans and to provide all information and methods of handling any environmental issues in the plans and specifications that will be used for construction bidding documents. Page 7 of 36 These documents will provide all necessary information to the contractor awarded the construction phase for the project to be compliant with all local, state and federal laws and guidelines. There have been indications in previous documents of the presence of hazardous materials, so this section is very important. Electronic copies of previously completed environmental assessments are available upon request. 4.6 — Schedule It is the intent of the City that the project and completion of the design shall be completed in sufficient time to allow for a formal bidding process for early spring construction start up and completion as provided in the attached purchase agreement commencing with the signing of a professional service agreement. We would require all construction bid documents be available for the February 7, 2011 Council Meeting. 5.0 USE OF CITY RESOURCES 5.1 - Requesting Use of City Resources for Preparation of the RFP Response • All information requests shall be directed to the City's Project Manager as detailed in Section 7.0 of this request for proposal. All Consultants should note that directly contacting other City of Dubuque staff or any of the Selection Committee members shall be considered inappropriate and grounds for disqualification. 5.2 - Material Available for the RFP Response • Most current aerial photograph of the project area. A current aerial photograph of the City of Dubuque is available in SID file format. • Electronic copies of previously completed environmental assessments 5.3 - City Resources Available to the Consultant for use During the Project • The City will make its ArcView GIS mapping and data analysis capabilities available for this project. Digital aerial photos of the City of Dubuque were taken in the spring of 2007. • The City will make staff contact/resources persons available in the Building Services, Planning, GIS and Engineering Departments. 6.0 INFORMATION TO BE INCLUDED IN THE PROPOSAL The Proposal should address all of the points outlined in this RFP excluding any cost information. The Proposal should be prepared simply and economically, providing a straight- forward, concise description of the Consultant's capabilities to satisfy the requirements of this RFP. To simplify the review process and to obtain the maximum degree of comparability, the proposal shall include the following information and shall be organized in the order and manner specified below. While additional data may be presented, the following subjects must be included. They represent the minimum criteria against which the proposal will be evaluated. Page 8 of 36 Letter of Transmittal Provide a letter of transmittal briefly outlining the Consultant's understanding of the work and list the Project Manager's name, address, office telephone number, mobile telephone number and email address. The name that is provided for the Project Manager will be used as the primary contact person during the RFP evaluation process. Table of Contents The proposal shall contain a table of contents that delineates each section and the corresponding page number. Profile of Firm Provide general information about the Firm, along with its area of expertise and experience as it relates to this RFP. Describe the experience and success of the Firm in working on similar projects. State the size of the Firm, the size of the Firm's professional staff, and the location of the office from where the work on this project will be performed. Discuss the firm's ability to integrate this project into their present workload. Include a statement to specify if the firm currently has the capacity to undertake the project or whether it intends to hire additional staff or partner with sub - consultants. Scope of Services Describe the means or strategy by which the firm would satisfy the scope of services for the currently approved budget as listed in Section 4.0. The firm may also choose to submit a second alternative or hybrid strategy with a modified scope of services and revised budget that would improve the results of the project. Highlight any parts of the work plan that will reflect the firm's unique philosophy or insight regarding the approach to this project and how this approach positively impacts the successful completion of the project. Quality Assurance /Quality Control As a part of the proposal, specifically describe the quality control process that will be used throughout the project. List the amount of hours for each phase that will be dedicated to QA/QC and describe how those hours will be spent. The City expects that the majority of the QA/QC process will be performed by someone who is not an active member of the project team. Project Team Qualifications Provide the names of all members of the project team associated with this project. Specifically identify the supervisory and management staff including principals, the project manager, and technical experts who would be assigned to this project. For each project team member, provide a summary of their qualifications and experience. Specifically list any successful experiences working on intermodal studies for municipalities similar to Dubuque. Also include any relevant training and continuing education. Include a flow chart that shows the communication path between the City and the firm. Include all project team members on the flow chart and show the supervisory relationship between all members of the team. Be sure to include all sub - consultant staff on the project Page 9 of 36 team flow chart. Describe the tasks each team member will be working on and estimate the amount of time that will be devoted to the project by each staff person. Provide the name and location of other sub - consulting firms that would be used by the Consultant during the project and the approximate percentage and type of the work that would be performed by each firm. Summarize the qualifications and experience of all sub - consultant staff working on the project. In submitting the Proposal, the prospective firm is representing that each person listed or referenced in the proposal shall be available to perform the services as described. The project manager, principals, management, and other project team staff may be changed in accordance with the requirements described in Appendix D, Section 3 - Substitution of Project Team Members. Provide at least 3 client references (include individual contact names and telephone numbers) for similar projects that have been completed by the firm in the last five (5) years. List the names of individuals on the project team proposed for the Dubuque project who have worked on the client reference projects. Understanding of Final Contract Terms The Proposer should provide a statement that indicates they have read and understand Appendix C — "City of Dubuque Contract Terms and Conditions ", and agree to include the clauses that are listed in Appendix C in the final signed contract. Any exceptions to the Contract Terms and Conditions by the Consultant must be clearly stated in the submitted Proposal. Certificate of Insurance The Consultant should provide a statement indicating that they are able to meet the City's insurance requirements for professional services. (See attached Insurance Schedule C — Appendix D.) Submittal of insurance documents as part of this RFP is not required. Proposed Project Schedule Provide a project schedule for each proposed strategy. Outline the time durations and estimated completion dates for each major component of the proposed scope of work. The schedule should list all deliverables that are required throughout the project. Fees and Compensation Provide a proposed fixed cost, plus reimbursable expenses budget for each strategy proposed to complete the requested scope of services. Breakdown costs by major scope element and also include a list of hourly rates for personnel assigned to the project. Quotation of fees and compensation shall remain firm for a period of at least 90 days from the RFP submission deadline. Remember to separate the proposed budget from the other portion of the RFP submittal. Initial screening will be done without knowing the Consultant's proposed fee for services. Page 10 of 36 7.0 PROPOSAL QUESTIONS AND ANSWERS If you have any questions concerning this proposal, please submit your requests to the City's designated Project Manager, BY E -MAIL ONLY. The City has made considerable efforts to ensure an accurate representation of information in this RFP. Each Proposer is urged to conduct its own investigations into the material facts provided. No answers given in response to questions submitted shall be binding upon this RFP unless released in writing (letter or email) as an officially numbered and titled addendum to the RFP by the City of Dubuque. Any questions concerning this proposal must be received on or before 10:00 a.m. CDT on December 3, 2010. Any inquiries received after this date will not be answered. When submitting a question to the Project Manager, please include the appropriate Consultant contact information. From the date of issuance of the RFP until final City action, the Proposer shall not discuss the RFP with or contact any other City of Dubuque staff or any of the Selection Committee members except as expressly authorized by the City's Project Manager identified in this section (Section 7.0). Violation of this restriction will be considered a violation of the rules and be grounds for disqualification of the Consultant's proposal. Project Manager contact information is as follows: Tim Horsfield Parking Division Manager 830 Bluff Street Phone: 563.589.4267 Dubuque, IA 52001 8.0 SUBMISSION REQUIREMENTS E -mail: thorsfie @cityofdubuque.org Before submitting a proposal, each Consultant shall make all investigations and examinations necessary to ascertain site conditions and requirements affecting the full performance of the contract and to verify any representations made by the City upon which the Proposer will rely. PROPOSAL SUBMITTAL INFORMATION • Submittal Deadline: December 7, 2010 on or before 1:00 p.m. CST • Submittal Location: City of Dubuque City Clerk's Office 50 West 13th Street Dubuque, Iowa 52001 -4864 Page 11 of 36 1 • Submittal Contact & Mailing Address: City Clerk City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 -4864 • Submittal Copies: Eight (8) sets of the proposal shall be provided. Submit one (1) original signed proposal, seven (7) copies and also an electronic pdf version, all labeled "Historic Millwork Parking Lot Design" Fees will be submitted in a separate envelope clearly marked "Historic Millwork Parking Lot Request for Proposal Response ". Submitted proposals must be delivered in printed format with the exclusion of the one required pdf version. The pdf version shall be submitted on a compact disk along with the proposal hardcopies. No faxed or e-mail proposals will be accepted. Each addendum shall be acknowledged in the Letter of Transmittal by providing the addendum number and title. Failure to acknowledge each addendum will be , considered grounds for possible disqualification. It is solely the Consultant's responsibility to ensure that all addendums to this RFP have been received before submitting the proposal. The original proposal document shall be signed in blue ink by an officer of the Firm who is authorized to legally bind the Consultant to the provisions in its proposal. Proposals are to contain a statement indicating the period during which the proposal will remain valid. A period of not less than ninety (90) calendar days from the proposal closing date is required. Failure to comply with the above requirements shall be considered grounds for possible disqualification. Each Consultant assumes full responsibility for delivery and deposit of the completed proposal package on or before the deadline. Any proposals received after the submittal deadline will not be considered, and will be returned unopened to the Proposer. The City of Dubuque is not responsible for any loss or delay with respect to delivery of the proposals. The City of Dubuque is not liable for any costs incurred by any Consultant prior to the execution of an agreement or contract, nor shall the City of Dubuque be liable for any costs incurred by Firms that are not specified in any contract. All results from this project will remain the property of the City of Dubuque. Upon receiving this RFP, we request that you complete the "Receipt of Proposal Acknowledgement" — "No Response Reply" information contained on the first page of this document and return it to the City's Project Manager by regular mail or email so the City can ensure that each Consultant has received this Request for Proposal. The City of Dubuque appreciates your time and consideration of this RFP. Page 12 of 36 Sincerely, Tim Horsfield City of Dubuque Parking Division Manager 830 Bluff Street Dubuque, Iowa 52001 Page 13 of 36 Historic Millwork District Parking Lot Design City of Dubuque, Iowa Consultant Professional Services Request for Proposal October 19, 2010 Appendix A Consultant Evaluation and Selection Process Page 14 of 36 INITIAL EVALUATION CRITERIA Proposals will be screened to ensure that they meet the minimum requirements of the proposal format. A selection committee will review qualifying proposals and select Firms for placement on the consultant short-list for the project. The following criteria 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 the preparation of intermodal transportation center studies or similar: a. Qualifications and experience of the Consultant and any sub consultants. b. Demonstration of the project team's professional expertise and technical abilities. c. If a joint venture with sub consultants, the track records of the Firms experience working together. d. Experience of the Consultant working on municipal projects. e. Experience of the Consultant working on municipal projects in Iowa. 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 Consultant 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 the intermodal transportation center study. CONSULTANT SHORT -LIST EVALUATION CRITERIA A selection committee may choose to interview one or all of the short- listed Firms. Both the original submitted proposal and the results of any Consultant interviews will be used to select the final Consultant for the project. The following criteria in order of their relative importance (most is first, least is last) will be used to evaluate Consultants on the short-list. 1. A high level of professional competence and a proven track record in the preparation of intermodal transportation center studies or similar: a. Qualifications and experience of the Consultant and any sub - consultants. b. Demonstration of the project team's professional expertise and technical abilities. c. If a joint venture with sub - consultants, the track records of the Firms experience working together. d. Experience of the Consultant working on municipal projects. e. Experience of the Consultant working on municipal projects in Iowa. f. Experience of the project team working with the public and other project stakeholders in preparing intermodal transportation center studies. g. Overall success of past projects completed for the City of Dubuque. Page 15 of 36 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 Consultant 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. Responsiveness and compatibility between the Consultant and City: a. General attitude and ability to communicate ideas clearly. b. Willingness of the Consultant to maintain a high level of direct interaction and communication with City staff. c. Ability to listen, be flexible, and follow and /or implement direction and /or ideas or concepts. d. How the proposed Consultant team interact with the general public, project staff, and public officials. 5. Quality and completeness of the written proposal. The proposal should clearly demonstrate understanding of the City's overall objectives for the intermodal transportation center study. SELECTED CONSULTANT - FEE NEGOTIATION PROCESS Upon the successful completion of the Consultant review process, the RFP Selection Committee will recommend to the City Manager or City Council, the awarding of a contract to the highest ranked Consultant based a "best value" basis. Evaluation factors that are most important to the City are quality of proposed personnel, experience performing similar scopes of work and length of delivery schedule. 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 a separate section any associated reimbursable expenses that would specifically relate to this project. An example 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 Page 16 of 36 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 fee has been negotiated, and the WBS has been finalized, the Consultant shall incorporate the WBS into the contract documents being prepared for signature. If a contract satisfactory and advantageous to the City can be negotiated at a price considered fair and reasonable, the award shall be made to that offerer. Otherwise, negotiations with the offerer ranked first shall be formally terminated and negotiations commenced with the Consultant ranked second, and so on until a contract can be negotiated that is acceptable to the City. Upon the successful completion of contract negotiations, the selection committee shall recommend that the City Manager execute a contract with the successful Consultant. The City Manager will 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. Payment for Work: The Consultant awarded the contract shall have payment invoices processed 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. Page 17 of 36 Historic Millwork District Parking Lot Design City of Dubuque, Iowa Consultant Professional Services Request for Proposal October 19, 2010 Appendix B RFP Rules and Protest Procedure MINOR IRREGULARITIES The City reserves the right to waive minor irregularities in submitted proposals, providing such action is in the best interest of the City. Minor irregularities are defined as those that have no adverse effect on the City's best interests, and will not affect the outcome of the selection process by giving the prospective Consultants an advantage or benefit not enjoyed by other prospective Consultants. EXCEPTIONS Proposer exceptions to any part of the requirements stated in this request must be clearly identified as exceptions and noted in the letter of transmittal and in the submitted project cost estimate. RANKING OF THE PROPOSALS No debriefings or scoring information shall be released before the City Manager or City Council has recommended that a contract be negotiated with the recommended Firm. However, after authorization has been granted to negotiate a contract, all contents of the submitted proposals shall become public information. DEFINITIONS The City has established for the purposes of this RFP that the words "shall ", "must ", or "will" are equivalent in this RFP and indicate a mandatory requirement or condition, the material deviation from which shall not be waived by the City. A deviation is material if, in the City's sole discretion, the deficient response is not in substantial accord with this RFP's mandatory conditions requirements. The words "should" or "may" are equivalent in this RFP and indicate very desirable conditions, or requirements but are permissive in nature. Deviation from, or omission of, such a desirable condition or requirement will not in and of itself cause automatic rejection of a proposal, but may result in being considered as not in the best interest of the City. Page 19 of 36 Historic Millwork District Parking Lot Design City of Dubuque, Iowa Consultant Professional Services Request for Proposal October 19, 2010 Appendix B City of Dubuque Contract Terms and Conditions Page 20 of 36 TERMS AND CONDITIONS The following clauses shall be included in the final signed contract: 1. CONSULTANT'S ENDORSEMENT ON PLANS. The Consultant shall endorse the completed computations prepared under this Agreement, and shall affix thereto the seal of a licensed professional engineer, or licensed professional architect, licensed to practice in the State of Iowa, in accordance with the current Code of Iowa. 2. CHANGE IN SCOPE OF SERVICES. No change in scope shall be permitted during this project without the prior written agreement of both parties and the WBS being updated. 3. SUBSTITUTION OF PROJECT TEAM MEMBERS. The Project Manager, partners, management, other supervisory staff and technical specialists proposed for the project may be changed if those personnel leave the Consultant. These personnel may also be changed for other reasons however, in either case, the City retains the right to approve or reject the replacements and no replacements shall begin working on the project without the express, prior written permission of the City of Dubuque. 4. INSURANCE. Consultant shall at all times during the performance of this Agreement provide insurance as required by the attached Insurance Schedule. 5. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Consultant, Consultant's subcontractor, or anyone directly or indirectly employed by Consultant or Consultant subcontractor or anyone for whose acts Consultant or Consultant's subcontractor may be liable, regardless of whether or not such claim, damage, Toss or expense is caused in part by a party indemnified hereunder. 6. TERMINATION. City may terminate this agreement, with or without cause, upon providing 14 days written notice to the Consultant. 7. ERRORS & OMISSIONS. In the event that the work product prepared by the Consultant is found to be in error and revision or reworking the work product is necessary, the Consultant agrees that it shall do such revisions without expense to the City, even though final payment may have been received. The Consultant must give immediate attention to these changes so there will be a Page 21 of 36 minimum of delay during construction. The above and foregoing is not to be constructed as a limitation of the City's right to seek recovery of damages for negligence on the part of the Consultant herein. 8. OWNERSHIP OF ENGINEERING DOCUMENTS. All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the City and shall be delivered to the Project Manager upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitations on their future use by the City, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant for the specific purpose intended will be the City's sole risk and without liability or legal exposure to the Consultant. The City acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the City upon completion of the services and payment in full of all moneys due to the Consultant. The City and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Attachment _ of the contract. Any change to these specifications by either the City or the Consultant is subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD software specifications shall be compensated for as Additional Services. The City is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. The City may reuse or make modifications to the plans and specifications, or electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the plans and specifications. 9. SUBLETTING, ASSIGNMENT OR TRANSFER. Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is prohibited unless written consent is obtained from the Engineer and approved by the City. Page 22 of 36 Historic Millwork District Parking Lot Design City of Dubuque, Iowa Consultant Professional Services Request for Proposal October 19, 2010 Appendix C Insurance Requirements Page 23 of 36 INSURANCE SCHEDULE C INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE 1. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A better in the current A.M. Best Rating Guide. 2. All Certificates of Insurance required hereunder shall provide a thirty (30) day notice of cancellation to the City of Dubuque, except for a ten (10) day notice for non- payment, if cancellation is prior to the expiration date. 3. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such Certificates shall include copies of the following endorsements: a) Commercial General Liability policy is primary and non - contributing. b) Commercial General Liability additional insured endorsement. c) Governmental Immunities Endorsement. , shall upon request, provide Certificates of Insurance for all subcontractors and sub -sub contractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the insurance requirements as required of 4. Each certificate shall be submitted to the contracting department of the City of Dubuque. 5. Failure to provide minimum coverage 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. 6. Contractor shall be required to carry the following minimum coverage/limits or greater if required by law or other legal agreement: 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 Limit $1,000,000 Fire Damage limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 1 of 2 January 2008 INSURANCE SCHEDULE C (Continued) INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE This coverage shall be written on an occurrence form, not claims made form. All deviations or exclusions from the standard ISO commercial general liability form CG 0001 or Business owners BP 0002 shall be clearly identified. Form CG 25 04 03 97 'Designated Location (s) General Aggregate Limit' shall be included. Governmental Immunity endorsement identical or equivalent to form attached. Additional Insured Requirement: 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 shall be named as an additional insured on General Liability including 'ongoing operations "•coverage equivalent to ISO CG 20 10 07 04. b) Automobile $1.000,000 combined single limit. c) WORKERS COMPENSATION 8: EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability: Each Accident Each Employee Disease Policy Limit Disease $ 100,000 $ 100,000 $ 500,000 $1,000,000 d) PROFESSIONAL LIABILITY e) UMBRELLA/EXCESS LIABILITY * *Coverage and /or limit of liability to be determined on a case -by -case basis by Finance Director. Completion Checklist ❑ Certificate of Liability Insurance (2 pages) ❑ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages) Additional Insured CG 20 10 07 04 • Governmental Immunities Endorsement 2 of 2 January 2008 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MWOD/YYYY) 12/7/2007 PRODUCER (563) 123 -4567 Insurance Agency Street Address City ST Zip Code FAX (563) 987- 6543 INSURED Company Street City St Zip Code THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CERTIFICATE FICAOTE RIGHTS ES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER k Insurance Company IN INSURER C: INSURER 0: INSURER E: NAIC 9 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INER LTR A A A A ADVL )NERD x WO EM ANY O SPEC TYPE OF INSURANCE GENERALUABRJTY X COMMERCIAL GENERAL LIABILITY 1 CLAIMS MADE © OCCUR GENL AGGREGATE LIMIT p II . APPLIES PER: — 1 POLICY I X I JECT 1 1 LOC AUTOMOBILE LIABILITY x ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS LI GARAGE ABILITY R ANY AUTO EXCESSIUMBRELLA LIABILRY • OCCUR Q CLAIMS MADE DEDUCTIBLE X RETENTION S 0 WORK • COMPENSATION AND PLO TERF UABILRY PROPRETORIPARTNERIEXECUTIVE ICERIMEMEER EXCLUDED? describe under IAL PROVISIONS below OTHER Professional Liability POLICY NUMBER PD ATE D (MINDDIYY) OATItWID� T' N LIMITS EACH OCCURRENCE FOS :ED.) MED EXP (Any an. person) PERSONAL a ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGO COMBINED SINGLE MOT Mc accident) BODILY INJURY (Per person) BODILY INJURY (Pr accident) PROPERTY DAMAGE /Per accident) AUTO ONLY - EA ACCIDENT EACH OCCURRENCE AGGREGATE EA ACC OTHER THAN AUTO ONLY: AGO EL DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY UMIT 4 1,000,000 = 50,000 $ 5,000 s 1,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 S 3 0 $ t 4 s 1 ,00 0 ,00 0 s 1,000,000 S $ S s 100,000 x1TORYLI IXSI MR E.L EACH ACCIDENT 4 100,000 $ 500,000 $1,000,000 DESCRIPTION OF OPERATIONS ILOCATIONSNENICLES /EXCLUSIONS ADDEO BY ENDORSE/SENT/SPECIAL PROVISIONS The City of Dubuque is an additional insured on general liability policies including ongoing & completed operations coverage equivalent to I80 CG 2010 0704 i CG 2037 0704. General Liability policy is primary N: non - contributing. Form CG 2504 0397 “Designated Locations'. general liability aggregate limit is included. Governmental immunities endorsement i• included. CERTIFICATE HOLDER CANCELLATION City of Dubuque 50 West 13th Street Dubuque, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENT'S OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) INS026 (o)oe).00 AMS VMP Monpape Solutions, Inc (000)327.0545 Page 26 of 36 o ACORD CORPORATION 1988 Paps 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. g s� �on4 pro les ACORD 25 (2001108) INS025 1o1oe1o6 AMS Pags20(2 Page 27 of 36 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25040397 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): ANY AND ALL COVERED LOCATIONS (If no entry appears above. information required to complete this endorsement will be shown in as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occur- rences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to operations at a single desig- nated "location° shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated "location', and that limit is equal to the amount of the General Aggregate Limit shown In the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except dam- ages because of "bodily injury" or 'property damage" included in the - products-completed operations hazard ", and for medical expenses under COVERAGE C regardless of the num- ber of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- nated "location ". Such payments shall not re- duce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggre- gate Limit for any other designated "location" shown In the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences' under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can- not be attributed only to operations at a single designated "location" shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Location General Aggregate Limit. CG 25 04 03 97 Page 1 of 2 Page 28 of 36 the Declarations CG 25 04 03 97 C. When coverage for liability arising out of the "products - completed operations hazard" is pro- vided, any payments for damages because of "bodily Injury" or "property damage" included in the "products - completed operations hazard" will reduce the Products - Completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Location Gen- eral Aggregate Limit. D. For the purposes of this endorsement, the Defi- nitions Section is amended by the addition of the following definition: Copyright, Insurance Services Office, Inc., 1996 Page 2 of 2 CG 25 04 03 97 Page 29 of 36 "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of -way of a railroad. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. Name Of Additional Insured Person(s) Or Organization(s): 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. Locations) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE A. Section II — Who Is An Insured is amended to include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising Injury" caused, In whole or in part. by: 1. Your acts or omissions; or 2. file acts or omissions of those acting on your behalf; CG 20 10 07 04 Page 30 of 36 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 In the performance of your ongoing operations for the additional Insured(s) at the locatlon(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "pi perty da, occurring after: Page 1 of 2 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 ® ISO Properties, Inc., 2004 CG 20 10 07 04 Page 31 of 36 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa 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, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN 1 of 1 January 2008 Page 32 of 36 Historic Millwork District Parking Lot Design City of Dubuque, Iowa Consultant Professional Services Request for Proposal October 19, 2010 Appendix E Page 33 of 36 The parking Tots to be designed will be located in what is shown on the map on the following pages as: Warehouse Development LLC Parcel # 1024480014 Excluding the Alamo Building & East of Elm Street State of Iowa Parcels # 1024480012, 1119351001 City of Dubuque Parcel # 1024480006 Page 34 of 36 WAREHOUSE REDEVELOPMENT LLC 1024480014 MID AMERICA HOLDINGS 1024480013 JELD -WEN D /B /A STATE OF IOWA STATE STATE IOWA OF I01/A '11774'" STATE OF IOWA 1024480006 0 102 CITY OF DUBUQUE 1024480008 STATE OF IOWA 1024480012 0 11 TE OF IOWA 1119352003 Page 35 of 36