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Intermodal Transportation Center_Issuance of Request for Proposals
Masterpiece on the Mississippi Dubuque httil AfAmeticaC r 1 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Intermodal Transportation Center Consultant Request for Proposal for Design Phase DATE: March 2, 2011 Economic Development Director Dave Heiar recommends City Council approval of the issuance of a Request for Proposal for Phase II (Design Engineering) for an Intermodal Transportation Center. I concur with the recommendation and respectfully request Mayor and City Council approval. Mi ael C. Van i igen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: SUBJECT: DATE: March 1, 2011 David J. Heiar, Economic Development Director Intermodal Transportation Center Consultant RFP for Design Phase Dan McDonald, Greater Dubuque Development Corporation Chandra Ravada, ECIA David Solberg, Chair — Envision 2010 Rail Passenger Initiative David Heiar, Economic Development Director Barbara Morck, Transit Director Steve Sampson Brown, Project Manager Laura Carstens, Planning Services Manager Aaron DeJong, Assistant Economic Development Director Tim Horsfield, Parking System Supervisor Dubuque rurr 2007 INTRODUCTION The purpose of this memorandum is to seek City Council authorization for an RFP to solicit consultant interest in Phase II (Design Engineering) for an Intermodal Transportation Center. BACKGROUND In July 2010, the City Council hired IIW Engineers partnered with Desman Associates to complete a site selection study and environmental analysis for an Intermodal Transportation Center (ITC). The vision for the ITC is that it will support transit connections, rail connections, vehicular parking, electric vehicle charging, bicycle parking, intercity bus, a passenger waiting area, taxicab stands, public restrooms (including lockers and showers /changing areas), a ticketing office along with the potential for retail space, a daycare facility, and possibly commercial office space. The consultants initially considered 11 potential sites that were quickly narrowed down to two sites. The final two sites were in the Port of Dubuque and the Historic Millwork District. IIW met with the selection committee to review the merits of each site. The committee consisted of the following individuals: Both sites still have some unknowns that could possibly create future obstacles. Nonetheless, there is a need to move forward quickly to take advantage of the current funding sources. After weighing the pros and cons of each site, the selection committee unanimously recommended the Historic Millwork District for the Intermodal Transportation Facility. Some of the major factors weighing in favor of the Historic Millwork District are as follows: 1) Fills a need for parking in the Millwork District and will more likely create a facility that can create revenue (parking fees) to make it more self- sufficient. 2) Can better provide a downtown transfer site for the Jule and will provide easier and more reliable access for all buses including RTA and Burlington Trailways. 3) Is consistent with the Historic Millwork District with respect to sustainability, complete streets, air quality and safety. The current momentum in this district creates a greater opportunity for potential future funding for the construction of the facility. The complete list of the pros and cons considered by the committee is attached. The next step in this process is to further investigate more of the site unknowns, and to begin the preliminary design for this facility. The attached RFP seeks a consultant to assist the City in the next phase of this process. The scope of services includes the following: • PreDesign • Preliminary Programming • Regulatory Coordination • Site Analysis • Schematic Design • Design Development The final study report shall be delivered to the City within six months. The selected consultant will be expected to complete the contracted scope of services within the specified timeframe, under the general direction and coordination of the City's Economic Development Department. BUDGET IMPACT The work completed in Phase I (site selection) and Phase II (design) is being funded by two grants received by the City. The state of Iowa committed $300,000 from transportation funds which will be matched by $236,000 of federal transit funding. No local match will be required. These funds were committed over the past three years and must be committed soon to avoid the loss of funding. RECOMMENDATION /ACTION STEP For the City Council to authorize the attached RFP seeking a consultant for Phase II of the Intermodal Transit Facility Study. Attachment F: \USERS\Econ Dev \Intermodai Facility\20110301 Intermodal Transportation Consultant RFP Memo.doc Port Site (Site 1) Intermodal Center Facility Location, Design and Functionality Pros and Cons of Each Location February 25, 2011 A. Pros 1. Less travel time from Chicago to DBQ to Waterloo using this site since don't need to switch rail lines 2. Port is more of an attraction today 3. Property is already owned by City 4. Involves only one rail carrier (CN) 5. Surrounding area is successfully developed so passengers may be more comfortable disembarking from train 6. Closer to river for boats 7. Could free up City (McGraw -Hill) parking lot for future development B. Cons 1. Paid parking may be low 2. Since there are known hazardous materials the cost of mitigation will increase the construction cost 3. FTA expressed a concern about pedestrians crossing at grade tracks to access site (and no rail gates are present to block sidewalk) 4. As a transit transfer point this site is inconvenient 5. Due to only one grade separation into Port area, it is difficult to have a predictable transit bus schedule 6. Less potential use by bicycles at this site 7. Shot Tower will not be visible from downtown or Port C. Unknowns 1. SHPO response to FTA recommendation of No Adverse Impact 2. Written comments from the CN Railroad 3. Train signal protective requirements (related to total cost estimate) 4. Number of parking spaces which can be justified by demand, FTA recommends 500 as an upper limit Historic Millwork Site (Site 8) A. Pros 1 Fills a need for parking in the Historic Millwork District 2. More reliable schedule for bus 3. More demand for bicycles, pedestrians. From downtown would not need to cross active railroad tracks 4. Walking distance from area where people do not have cars and who use intercity carriers 5. Better location as a transit transfer facility 6 Site easy to access from US 61/151 7. Potential to provide a buffer between Historic Millwork District development and highway 8. Frees up opportunity for green space / plaza in the Millwork District 9. Millwork property owners endorse this site 10. Greater potential for parking revenue to offset costs making this site more self sufficient 11. Intermodal Facility is consistent with the Historic Millwork District with respect to sustainability, complete streets, air quality, and safety B. Cons 1. Not all property needed is owned by City 2. Historic Millwork District is not developed, so more of a risk as to how successful it will be 3. Need to coordinate with two rail carriers to access site 4. Need to coordinate with the Iowa DOT since proposed use of their property 5. Requires Hwy ramp relocation and potentially Elm Street relocation C. Unknowns 1. SHPO response to FTA recommendation of No Adverse Impact 2. Iowa DOT response to allowing the removal of the DOT frontage road (northbound) between 9th Street and Elm Street 3. Iowa DOT response concerning the use of the property currently owned by the DOT just west of US 61/151 and between 9 Street, 11 Street, & Elm Street 4. Iowa DOT concurrence of converting the existing one -way couplet of 9 Street and 11 th Street to two -way streets 5. DNR response with respect to Phase II Hazardous Material Assessment 6. Number of parking spaces which can be justified by demand, FTA recommends 500 as an upper limit, however there is most likely more demand at Site 8 REQUEST FOR PROPOSAL (RFP) THE CITY OF D � ISSUE DATE: PHONE NO: 563 - 589 -4393 FAX NO: 563 - 589 -1733 EMAIL: dheiar @cityofdubuque.org Masterpiece on the Mississippi SUBMIT PROPOSAUOFFER PRIOR TO: CLOSING DATE: March 30, 2011 CLOSING TIME: 2:00 P.M. (local time) SUBMIT TO: SEE Section 8.0 DESCRIPTION: Architectural Design and Engineering Services for the Dubuque Intermodal Transportation Center RECEIPT OF PROPOSAL 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 this ACKNOWLEDGEMENT to this RFP, please mark the box to and return this sheet as a confirmation 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: 20110224_djh CITY OF DUBUQUE ECONOMIC DEVELOPMENT DEPARTMENT REQUEST FOR PROPOSAL Intermodal Transportation Center City of Dubuque, Iowa March 7, 2011 Page 2 of 46 Table of Contents: SECTION 1.0 Appendix A Appendix B Appendix C Appendix D Appendix E RFP ORGANIZATION Intermodal Transportation Center City of Dubuque, Iowa March 7, 2011 PAGE Introduction 4 2.0 Project Objectives 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 Consultant Evaluation Selection Process RFP Rules and Protest Procedure City of Dubuque Contract Terms and Conditions Insurance Requirements Project Related Data Page 3 of 46 4 5 5 10 10 12 12 16 20 23 26 36 Intermodal Transportation Center City of Dubuque, Iowa 1.0 INTRODUCTION 2.0 PROJECT OBJECTIVES Consultant Professional Services Request for Proposal March 7, 2011 Page 4 of 46 Masterpiece on the Mississippi The City of Dubuque, Iowa is soliciting competitive sealed proposals from qualified professional consulting firms to complete a multi phased design for the Dubuque Intermodal Transportation Center. The project will be conducted in several phases. Phase I will include predesign, agency coordination, rail coordination, preliminary programming and site analysis services. Phase 11 will include schematic and a portion of design development services. It is anticipated that except for the rail and agency coordination components, the timeframe for Phase I and Phase II elements will be five months following the signing of a professional service agreement. The selected Consultant will be expected to complete the contracted scope of work within the specified timeframe, under the general direction and coordination of the City's Economic Development Department as authorized by the City Council. The City of Dubuque has been planning for the construction of an lntermodal Transportation Center in Dubuque for several years. The center is envisioned to provide passenger train access from an elevated platform for passenger rail service running between Dubuque and Chicago. Other components of the project will include: construction of an elevated parking structure with a capacity for approximately 500 -750 vehicles, a IP addressable video camera system, ticket booths at vehicle access points supporting the operation of a paid parking structure with the potential inclusion an automated traffic counter system, a hub for local transit and long distance bus service, space for private carriers and incorporate aspects that are pedestrian friendly and accessible which includes access to the center via bike lanes, public restrooms and provide for ticketing, transit office space and /or childcare area. The most likely site is an area bounded by Elm Street, 9 Street, 11 Street, and the US 61/151 overpass. City of Dubuque Downtown Design Standards will apply to this facility. The center must contain architectural aspects that enhance the overall aesthetics of the site and further contribute to the overall vitality of the area. A site feasibility study and environmental document requesting a categorical exclusion for submittal to the FTA is almost complete. A key measurement for the success of the project will be the resulting smooth traffic flow in and out of the facility including convenient driveway connections to roadways that access other adjacent areas. In addition to the intermodal study, a traffic study examining the conversion of 9 and 11 Streets from one way to two way has been conducted. If the conversion from one way to two way streets is approved by the DOT, this conversion may become an element of the Intermodal project. The RFP assumes a standard design- bid -build project delivery process. However, the selected firm will need to convince the City that if deemed necessary due to various grant funding obligations, they would be able to react to a significantly accelerated design schedule that would include multiple, early start construction bid packages. 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 $116 million and funds a full range of services. The City's web site is www.citvofdubuque.org. 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 growing steadily 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. 4.0 PROJECT SCOPE OF SERVICES The following outline represents the minimum components that must be provided for this project. The City of Dubuque currently has $490,000 budgeted for design work. Proposals shall contain pricing for each of the two phases. Work will be authorized for each phase as funding becomes available. The City wants it to be clear that it desires a design for the rail, site, and intermodal center adequate to allow complete funding applications, all regulatory and rail coordination as well a detailed cost estimate for all project elements. Proposed budgets for each of the phases should be based on achieving this goal and not based on the currently available funding amount listed above. Sustainable design practices should be applied to all aspects of the project. 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.orq website on all projects. In preparing a response to this RFP, the Consultant should describe the means or strategy by which they would satisfy the scope of services. The Consultant may also choose to provide a second alternative or hybrid strategy that details what processes and outcomes would be used to make the project better. Page 5 of 46 4.1 — Project Management & Accounting 4.1.1.1 The Consultant shall identify one person to serve as the Project Manager for this project. The Project Manager shall be the leader of this effort and is expected to ensure that the project scope, schedule and Total Project Cost (TPC) budget are being monitored and adhered to at all times during the design and construction phases. One of the Project Manager's prime responsibilities is to track and facilitate solutions for any issues that may arise during the design and construction phases. Additionally, the Project Manager shall serve as the primary point of contact for all exchange of information between the City and the Consultant. 4.1.1.2 The Project Manager shall maintain an updated, Work Breakdown Structure (WBS) /task outline for the duration of the design and construction phases. The WBS shall contain line items for all major deliverable components of the project and any significant subcomponents along with the budgeted amount of fee associated with each task listed. Project Management shall be listed as a separate task on the WBS. The Project Manager shall track on the WBS the amount of work accomplished on each task that listed. 4.1.1.3 The Project Manager shall maintain an updated project schedule for the duration of the design phases based on the tasks listed in the WBS. The Project Manager shall be responsible for reviewing and monitoring the Contractors project schedule during construction. 4.1.1.4 The Project Manager shall maintain an updated TPC budget for the duration of the project. The TPC budget shall be completed using the best available information at the time of each periodic submittal in order to provide an estimated total cost for all components of the project. The budget shall include construction costs, equipment/furniture costs plus all other direct costs and reimbursable expenses for the Consultant, Subconsultants and the City. 4.1.1.5 During the design and construction phases of the project, the Project Manager shall submit to the City a bulleted progress report for the project. The summary shall only contain a list of major events that have occurred since the last report submittal, along with a list of work that will be accomplished in the upcoming weeks and a list of critical items that need immediate attention. 4.1.2 Project Manager Deliverables The following is a list of requirements that shall be provided throughout the design and construction of the project. 4.1.2.1 The Project Manager shall submit by electronic mail a copy of the WBS to the City on a monthly basis. The WBS shall be submitted during the first week of each Page 6 of 46 month. At the time of submittal, the Project Manager shall be available for approximately 15 minutes by phone to discuss the progress made on individual tasks. 4.1.2.2 The Project Manager shall submit and updated electronic copy of the project schedule along with the WBS. This submittal is required during the design and construction phases. 4.1.2.3 The TPC budget shall be submitted to the City in an electronic file format along with the WBS. 4.1.2.4 The Project Manager shall submit a project progress update report during the first and third weeks of each month. The summary shall be submitted by electronic mail and be less than a single page in length. 4.2 — Phase I - PreDesign, Preliminary Programming, Regulatory Coordination, and Site Analysis 4.2.1.1 PreDesign - For all aspects of the project begin coordination with involved Federal, State and Local agencies. Research and develop a complete understanding of passenger rail service logistics, City of Dubuque Transit Division services and operations, City of Dubuque Parking Division operational and maintenance parameters and available owner supplied information. This task will also include two scope kick off meetings, one with the full project team and an executive summary presentation to the City Manager and /or City Council to confirm project assumptions. A schedule and budget for the project shall be developed during this phase. In support of the City's Vision for Sustainability, the Consultant shall begin to identify opportunities for sustain design components to be incorporated into the project. Additionally, the City envisions directly hiring a renewable energy expert that will provide an assessment of renewable energy options for the project, suggest and coordinate design of passive and active renewable energy systems, review energy modeling for the plan set to achieve Energy Star tax credits, and review all possible renewable energy systems, develop a list of potential options and present the list to the design team to develop strategies to ensure all feasible options for the project are met. 4.2.1.2 Preliminary Programming - Work includes research with stakeholders to determine needs of passenger rail station and platform, hub for both intracity and intercity bus service private transportation services, bicycle accommodations and transit and station support services space and /or childcare space. Options may need to be developed for traffic flow schematics depending on the results of the DOT review of the suggested conversion of 9 and 11 Streets from one way to two way. Throughout the design, the consultant should be prepared to provide periodically updated 3D models of the site using Sketch -Up or similar rendering software for both grant applications and coordination with SHPO. It is anticipated the facility may need to accommodate an initial construction stage and a full buildout stage to correspond with available funding and rail /transit services, this may include but is not limited to initial construction of a 500 parking space facility with provisions for a 250 parking space expansion, initial mainline passenger platform and ultimate spur platform. It is Page 7 of 46 anticipated landscaping and site signing concepts will be needed to allow for coordination with SHPO and design standards. 4.2.1.3 Site Analysis - Traditional site planning activities shall be conducted under this scope element. Work includes site development planning, public utility coordination, geotechnical investigation, environmental /historical studies and reports, zoning compliance review and contaminated material studies. The City has available Phase I and Phase II environmental assessment documents for this area. 4.2.1.4 Rail Coordination and Design — Preliminary railroad infrastructure design shall be performed to support passenger station platform, layover siding, and connections between Rail Carriers. Plan documents will include all geometry information, typical cross - section details, utility encumbrances and protection, platform design, storm water plan, and any safety elements required by FRA, Amtrak, or Rail Carriers, with respect to site safety, crossing protection and signalization. Attached is the Amtrak Development and Approval process — New Stations. Rail Coordination efforts shall include planning, design criteria, operations and review with all impacted carrier rail lines to reach the point of having a memorandum of understanding which defines responsibilities and approvals to proceed with final project design. An estimated project schedule shall also be prepared which includes an in- service passenger rail platform and an associated cost estimate defining all elements to allow construction of an in- service passenger rail platform. 4.2.2. Phase I - PreDesign, Preliminary Programming, Regulatory Coordination, and Site Analysis Deliverables 4.2.2.1 Confirmation from SHPO of agreed aesthetic design elements which mitigate any potential indirect adverse effects on the Historic Millwork District. 4.2.2.2 3D models of site for both SHPO coordination and grant applications including floor plan and finishes. 4.2.2.3 Geotechnical exploration results and recommendations. 4.2.2.4 Detailed estimate of probably cost for all elements. 4.2.2.5 Topographic Site survey including all utilities, existing rail infrastructure associated with passenger station, roadway crossings, signalization, and other pertinent design encumbrances. 4.2.2.6 Amtrak New Stop Concurrance (Step 8 of the Amtrak Development and Approval Process —New Stations). 4.2.2.7 Memorandum of Understanding with carrier railroads 4.3 — Phase II - Schematic Design & Design Development 4.3.1.1 Schematic Design - Typical design activities required to advance the project. Completion of schematic design phase shall include detailed update to the project Page 8 of 46 budget and meeting to review the progress plans and discuss needed modifications in order stay within the project budget. 4.3.1.2 Design Development - Typical design activities required to advance the project. This phase shall include authoring of a building code report (federal, state, and Iocal)that summarizes code sections applicable to the project and any interpretations. The reports shall be submitted to the local authorities along with a plan set sufficient for review and comment. The completion of design development phase shall include building code report (federal, state, and local), SHPO and Design Review Committee approval, and meeting to review the progress plans with owner and appropriate entities to grant approvals such as local building review, planning and zoning, fire marshall, etc. Provide periodically updated 3D models of the site using Sketch -Up or similar rendering software. 4.3.1.3 Statement of Probably Cost Estimate - a detailed update of the project budget and discuss needed modifications in order stay within the project budget. The budget shall include detailed structural components rather than on based only on a square footage or per parking space costs. 4.3.1.4 Specifications — in outline format to allow fixture and material decisions to be documented to allow completion of design when funding becomes available 4.3.2 — Phase II - Schematic Design & Design Development Deliverables 4.3.2.1 Drawings to include 1/8 scale floor plan, exterior elevations showing all materials, coloring, and texturing including how the building works with the site in either rendered or colored format; longitudinal building section, lateral building section, wall sections. 4.3.2.2 Narratives provide a written narrative to outline specifications for mechanical, electrical, structural, and plumbing systems. 4.3.2.3 Site plan and landscaping plan to show architectural intent. 4.3.2.4 Building code report and life safety report (federal, state, local). 4.3.2.4 Structural details drawings adequate to allow a statement of probably cost estimating. 4.3.2.5 Site and facility sign package, landscaping, traffic signing and marking. 4.3.2.6 Outline specifications (all disciplines). 4.3.2.7 Updated 3D models of site for both SHPO coordination and grant applications including floor plan and finishes Page 9 of 46 4.4 — Public Involvement 4.4.1 Multiple meetings with project stakeholders will be required during the design process to gather input, communicate project progress coordinate with the railroad and agencies. 4.4.2 Two public meetings with the City Council should be included with the project. The City Council will be kept informed of project's progress and findings for the duration of the project. Relevant key members of the project team are expected to be present at all meetings. Use of teleconference and videoconferencing is acceptable as long as the objectives of the meeting agenda can be met. 5.0 USE OF CITY RESOURCES 5.1 - Use of City Resources for the RFP Preparation • All information requests shall be directed to the City's Project Manager as detailed in Section 7.0 of this request for proposal. 5.2 - Material Available for the RFP • Most current aerial photograph of the project area. A current aerial photograph of the City of Dubuque is available in SID file format on DVD if requested by the Consultant. • CADD line work drawings of City Roads (PDF and AutoCAD Format) are available on DVD if requested by the Consultant. 5.3 - City Resources Available to the Selected Consultant • The City will make its ArcView GIS mapping and data analysis capabilities available for this project as well as staff contact/resources persons in the Planning Services Department and the Engineering Department. Digital aerial photos of the City of Dubuque were taken in the spring of 2009. 6.0 INFORMATION TO BE INCLUDED IN PROPOSAL The Proposal should address all of the points outlined in this RFP excluding any cost information which shall be included in a separate sealed envelope labeled "Project Cost Estimate ". The Proposal should be prepared simply and economically, providing a straight- forward, concise description of the Consultant's capabilities to satisfy the requirements of the RFP. To simplify the review process and to obtain the maximum degree of comparability, the proposal shall include the following information and shall be organized in the order and manner specified below. While additional data may be presented, the following subjects must be included. They represent the primary criteria against which the proposal will be evaluated. Letter of Transmittal Provide a letter of transmittal briefly outlining the Consultant's understanding of the work and list the Project Manager's the name, address, telephone number, and e-mail address. The Page 10 of 46 name that is provided for the Project Manager will be used as the primary contact person during the RFP evaluation process. Index Each proposal shall contain a table of contents that delineates each section contained in the proposal 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 performing similar projects. State the size of the Firm, the size of the Firm's professional staff, and the location of the office from where the work on this project will be performed. Discuss the Consultant's ability to integrate this project into their present workload. Include a statement to specify if the Consultant currently has the capacity to undertake the project or whether it intends to hire additional staff or partner with subconsultants. Scope of Services Describe the means or strategy by which the Consultant would satisfy the scope of services for the currently approved budget as listed in Section 4.0. The Consultant may also choose to provide a second alternative or hybrid strategy with a modified scope of services and revised budget that would improve the results of this project. Include a basic work plan for each strategy that delineates the Consultant's approach to the completion of the project. The work plan, at a minimum, should include those components outlined in Section 4 of this RFP. The Consultant should indicate in the work plan those aspects that might be completed by City staff. Highlight any parts of the work plan that will reflect the Consultant's unique philosophy or insight regarding it's approach to this project and how this approach positively impacts the successful completion of the project. 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. Include any training and relevant education. Include a flow chart that shows the communication path between the City and Consultant. Include all project team members on the flow chart and show the supervisory relationship between all members of the team. Be sure to include all subconsultants staff on the project team flow chart. Provide the name and location of other subconsulting firms that would be used by the Consultant during the project and the approximate percentage of the work that would be performed by each of these firms. Summarize the qualifications and experience of all subconsultant staff working on the project. Page 11 of 46 In submitting the Proposal, the prospective Consultant 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 "3. Substitution of Project Team Members ". Describe the experience and success of the project team members proposed for the Dubuque project, in performing similar projects. Specifically list any successful experiences designing intermodal transit facilities for municipalities similar to Dubuque. Include at least 3 client references (including individual contact names and telephone numbers) for similar projects that have been completed by the Firm in the last five (5) years. List the names of individuals on the project team proposed for the Dubuque project who have worked on the referenced projects. Quality Control - Quality Assurance 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 preformed by someone who is not an active member of the design team. Understanding of Final Contract Terms The Proposer should provide a statement that indicates they have read and understand Appendix C — "City of Dubuque Contract Terms and Conditions ", and agree to include the clauses that are listed in Appendix C in the final signed contract. Any exceptions to the Contract Terms and Conditions by the Consultant must be clearly stated in their submitted Proposal. Certificate of Insurance The Consultant should provide a statement indicating that they are able to meet the City's insurance requirements for professional services. (See attached Insurance Schedule C — Appendix D.) Submittal of insurance documents as part of this RFP is not required. Proposed Proiect Schedule Provide a project schedule for each 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 include a list of hourly rates for personnel assigned to the project. Provide a sub total for each phase so that work can be authorized as funding becomes available. 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 12 of 46 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. 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 March 28, 2011. 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: David J. Heiar Economic Development Director City of Dubuque Economic Development Department 50 West 13th Street Dubuque, IA 52001 8.0 SUBMISSION REQUIREMENTS 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: • Submittal Location: Phone: 563.589.4393 E -mail: dheiar @cityofdubuque.org March 30, 2011 on or before 2:00 p.m. CST City of Dubuque Economic Development Department 50 West 13th Street Dubuque, Iowa 52001 -4864 Page 13 of 46 • Submittal Contact & Mailing Address: Economic Development Director City of Dubuque Economic Development Department 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 Dubuque Intermodal Transportation Center. 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. The proposal must be a document of not more than twelve (12) numbered 8 -1/2 x 11 -inch pages, with the exception of the project schedule which may be presented in 11 x 17 -inch format, and not including the letter of transmittal, index, dividers and the front and back covers, and the submitted certification documents as shown in Appendix E. Proposals should not include any pre- printed or promotional materials. Any proposals exceeding 20 numbered pages will not be considered. 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. Page 14 of 46 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. Sincerely, David J. Heiar Economic Development Director City of Dubuque Page 15 of 46 Intermodal Transportation Center City of Dubuque, Iowa Consultant Professional Services Request for Proposal March 7, 2011 Appendix A Page 16 of 46 Masterpiece on the Mississippi Consultant Evaluation and Selection Process 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 17 of 46 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. 6. Cost of the intermodal transportation center study in relationship to the services offered. 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. No individual task on the WBS shall have a total value exceeding $4,000. The Consultant shall indicate in the WBS the work tasks that will be completed by City staff. The format of the WBS shall summarize the fixed fee for each task listed, plus individually list in 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 18 of 46 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 19 of 46 Intermodal Transportation Center City of Dubuque, Iowa 20110224_djh March 7, 2011 Appendix B Consultant Professional Services Request for Proposal RFP Rules and Protest Procedure Masterpiece on the Mississippi MINOR IRREGULARITIES The City reserves the right to waive minor irregularities in submitted proposals, providing such action is in the best interest of the City. Minor irregularities are defined as those that have no adverse effect on the City's best interests, and will not affect the outcome of the selection process by giving the prospective Consultants an advantage or benefit not enjoyed by other prospective Consultants. EXCEPTIONS Proposer exceptions to any part of the requirements stated in this request must be clearly identified as exceptions and noted in the letter of transmittal and in the submitted project cost estimate. RANKING OF THE PROPOSALS No debriefings or scoring information shall be released before the City Manager or City Council has recommended that a contract be negotiated with the recommended Firm. However, after authorization has been granted to negotiate a contract, all contents of the submitted proposals shall become public information. DEFINITIONS The City has established for the purposes of this RFP that the words "shall ", "must ", or "will" are equivalent in this RFP and indicate a mandatory requirement or condition, the material deviation from which shall not be waived by the City. A deviation is material if, in the City's sole discretion, the deficient response is not in substantial accord with this RFP's mandatory conditions requirements. The words "should" or "may" are equivalent in this RFP and indicate very desirable conditions, or requirements but are permissive in nature. Deviation from, or omission of, such a desirable condition or requirement will not in and of itself cause automatic rejection of a proposal, but may result in being considered as not in the best interest of the City. DISPUTES /EXCEPTIONS See attached Protest Procedure. Page 21 of 46 PROTEST PROCEDURE Specifications: Anyone wishing to file a protest concerning the specifications must do so in writing. The City of Dubuque, must receive the written protest by . The City of Dubuque will issue its written decision on the protest by . If anyone wishes to appeal the specification or approved equal or clarifications decision of the City of Dubuque, they must file the protest in writing to the Iowa Department of Transportation. The Iowa Department of Transportation must receive the written appeal, by . A concurrent letter on the protest must be sent to the City of Dubuque. The Department of Transportation will issue its written decision on any timely protest by . If the Iowa Department of Transportation upholds the protest, the award of bid will be withheld until a solution is determined and the price bid by all firms will be held valid until that time. Bid Award: Anyone wishing to file a protest concerning the award of bid must do so in writing. The City of Dubuque must receive this written protest no more than five working days after the bid award on . The City of Dubuque will issue its written decision on the protest by . If anyone wishes to protest the City of Dubuque's decision, they must submit such protest in writing to the Iowa Department of Transportation. The Iowa Department of Transportation must receive this written protest by A concurrent letter on the protest must be sent to the City of Dubuque. The Department of Transportation will issue its written decision on any timely protest by . Any further appeal at the state level must be in accordance with Chapter 17A of the Code of Iowa. A protester must exhaust all administrative remedies with the City of Dubuque and then the Iowa DOT before pursuing a protest with the Federal Transit Administration (FTA). Reviews of any protest filed with FTA will be limited to review of whether the City of Dubuque or the IDOT, as the Grantee, failed to have or follow its protest procedures, or failed to review a complaint or protest. An appeal to FTA must be received by the cognizant FTA Regional (901 Locust Street, Suite 404, Kansas City, Missouri 64106) or Headquarters Office within five working days of the date the protester knew or should have known of the violation. Any protest filed with FTA shall also be sent simultaneously to the City of Dubuque and the Office of Public Transit of the IDOT. Any allegation that a violation of Federal law or regulation may have occurred shall be handled by the complaint process stated within that law or regulation. Violations of State or local law or regulations will be handled under the jurisdiction of Iowa or local authorities. Page 22 of 46 Intermodal Transportation Center City of Dubuque, Iowa Consultant Professional Services Request for Proposal March 7, 2011 Appendix C Page 23 of 46 Masterpiece on the Mississippi City of Dubuque Contract Terms and Conditions 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, Toss 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, loss 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 minimum of delay during construction. The above and foregoing is not to be constructed as a limitation of the City's right to seek recovery of damages for negligence on the part of the Consultant herein. Page 24 of 46 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 this document. 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 25 of 46 Intermodal Transportation Center City of Dubuque, Iowa March 7, 2011 Appendix D Consultant Professional Services Request for Proposal Insurance Requirements Page 26 of 46 Masterpiece on the Mississippi 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 shah have a rating of A better M 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, M cancellation is prior to the expiration date. 3. shall furnish a signed Certificate of insurance to the City of Dubuque, Iowa for the coverage requled le Paragraph 6 below. Such Certificates shah include copies of the following endorsements: a) Commercial General Uabitity policy Is primary and non- contributing. b) Commercial General Uablity additional insured endorsement. c) Governmental Irrvn unities 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 requiremernts as required of 4. Each certificate shall be submitted to the contracting department of the City of Dubuque. 5. Failure to provide minimum coverage shah not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shah be considered a material breach of this agreement. 6. Contractor shall be required to carry the following minimum coverageflmits or greater if required by New or other legal agreement: a) COMMERCIAL GENERSi n IA Mv General Aggregate Limit $2,000,000 Products - Completed Operations Aggregate Link $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage fink (any one occurrence) $ 50,000 Medical Payments $ 5,000 1 of 2 January 2008 Page 27 of 46 INSURANCE SCHEDULE C (Continued) INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE This coverage shah be written on an occurrence form, not dims made form. All deviations or exclusions from the standard ISO commerclal general Nobility form CG 0001 or Business owners BP 0002 shah be dearly Identified. Form CG 25 04 03 97 'Designated Location (s) General Aggregate LknW shaft be included. Governmental Immunity endorsement identical or equivalent to form attached. Additional Insured Requirement: The City of Dubuque, including ail its elected and appointed officials, all ks employees and volunteers, all its boards. commissions and/or authorities and their board members, employees and vo)unteers shah be named as an additional insured on General Liability Includksg °ongoing operatlons'•ooverage equivalent to ISO CG 20 10 07 04. b) Automobile $1A00.000 combined aineeie limit. c) WORKERS COMPENSATION ,fir EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability: Each Accident $ 100,000 Each Employee Disease $ 100.000 Policy Limit Disease $ 500,000 d) pROFESSIONAL LIABILITY $1.000,000 e) UMBRELLA/EXCgaB LIABILITY' 'Coverage and /or limit of liability to be determined on a cease -by -case basis by Finance Director. Completion Checklist 0 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 Page 28 of 46 AQQRD,. CERTIFICATE OF LIABILITY INSURANCE THIO �O COATIPIOATI 1!'IOA Min +A AL TRIL AFFORD= RA' THII i1NMIiRi APPOIMiq 001 OR eseeks Zetrorrosed Cameos eisess a sins MOM IL NAIC • N#O.s.ON (513)123 -1117 PAx ($113)11117-1114.1 lnsnrasioe Agency /treat Address City A MIN CelliPanY StMnset CA tar 5? Alan Code It lap Code M1! �OO/PYI�T C ZTor illi deml or OMIUIWIcS LIOTI D maw MMVI MMIW *Moo TO MR mum W WI0 slow PCI Tea POLICY h1YOO MOk.A70D. NOTNITIMITANCINS ANY IISOININSIONT TIM OR OONOITgI OF ANY CONTRACTOR OTMaI 000 UMMINT WITH Ri0P1CT TO MINION TWO CiR71CA7l MAY Re NM= 00 OR MY PiRTAl4, TNi MIOi/q*s s AP '000sD et TM rowan 0000000 N00114 NI $WiMCT 70 ALL ma 1'1005. ox0L0110111 my commons or OUCH PCuC1s. 1K M MO MIOMIY ANY ����� lJIClUNOlO'M MIMiK l'Mldtllikft trier 0 ' 0rslasi.nal Liability Fro OlNIr11N OP OPOKAMOMPLOCATOOMINKIIMMOOLMMONS AMMO er IMOMMONINIKPAIML Pa01.001IO !L. City DIlr.p. La as .dditi.aal La.a..d on o.a.sal liabiliq pallid.. inalnlitag .pain a .epl.t d eposatismas .sa.ry..toivalant to 100 CO 0010 OTO4 4 CR 0037 0101. O.a..al LLabllity pallet/ L. painasy a a.w- ..atsibotial. 11..0 011 0904 0307 n..L*+at.d Laaati.ns. gonos.l lL.bluty aogzooata halt Ls it.ltid.d. e.a..ne.atal Lsesalti...nMss.a.st 4. La.lwad. C0N1IPICATIt i1CLOOR City of Dubuque 50 Moot lath $tr .t Dobaqu., 15 52001 CAN0511A1105 MOILS ANY OP AO AlOV! INION1111110 MONO MMSOLL NPe00 QP.111710M M1l RN•SOP. ON SWIM OIOIIIIOM PILL. 000000 10 am. 12 OA» ...TTN Ns11N 7i011Q OQRMOMAT! MUM *100 10100 LMT, ow PALM 1010 SO OWL OMNI NO OOLNIAsss ON Mawr" OP ANY IONS IRON 1111 Amiss as agermisonsvme ACORD M maws) mans seam Atli MN► iW10p- .MI.... W 1M/MIi174.M Page 29 of 46 ILL Ml•WO. resat LSAT 500.000 51.000,000 O A0000 C00000ATION 1100 P.M. d7 ACORD is pains) 110110211 Imam MIMI IMPORTANT M the ceell irate holder lc an ADDITIONAL INSURED, the poltcy(lae) must be endorsed. A statement en Ids cerlaosls does not confer tights to the euNlaoale holler In lieu N such andoreen»MEs). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. wish polldes they regains en endorsement A statement an MN eeet cele don not corder rights to the cedars% holder In Neu of such endorsement(e). DISCLAIMER The C«IMoals of Insurance on the reverse slds of this form don not conedlute a contract between the leeutra Insurer(s), authorized representative or producer, and Ihs terllcsa holder, nor does I aemntney er na.slvey amend, extend or Oar the coverage afforded by the policies Neled thereon. a pro fess gPECIA0 �� f'ap: of 2 Page 30 of 46 COMMERCIAL GENERAL UARIUTY ca 211 04 03 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATIONS) GENERAL AGGREGATE LIMIT This endorsement modl0.s khsurerhas provided under to following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Dhi net.d Location(s): ANY AND ALL COVERED LOCATIONS (If no entry appears ) required b complete this endorsement wel be shown in to D.dare ons es applicable to this A. For all sums which the Mewed becomes legally obligated to hy as rences" under 0 A (SECTION 1), and for d medical expenses osused by accidents under COVERAGE C (SECTION 1). which can be attributed only b operations st ask Is destg- nated'leoatton' shown in tie Schedule above: 1. A separate Designated Location General Aggregate Limit applies locaton% and tat Umtt equal designated the amount of the General Aggregate Limit shown In tins Declarations. 2. The Designated Location General Aggregate we vAll for the sum of al s map.s under A, A, except dam- ages bbseccaauuss• of 'bodily kilor or 'proper, damage' included in the operations hazard% and for medical expenses under COVERAGE C regardless d the num- ber al: a. Insureds; b. Claims made or 'suits' brought or c. Persons S org . , nizations making dams or 3. My hymen*, made under COVERAGE A for damages or under COVERAGE C for msdcsi expenses shall reduce the Designated Loca- tion General Aggregate L for that desig- nated location'. Such payments shell not re- duce the General Aggregate Unit shown in CO 2504 03 07 Page 1 of 2 Page 31 of 46 Ohs Designated Locat General tice any other pate Limit k r any other designated location' shown in the Schedule obey.. 4. The Halts shown in the Declarations !or Each Occurrence, Pins Damage and Medical Ex- pense continue to apply. However, keleed of being subject to the General ApMaista l Ir it shown In to Dsdsssdons, such Ikeda wU be Designated subject General b A Aggregate Link. Location B. For al sums youth the in becomes legally ated to pay as re�nces under COVERAGE A (SECTION 1). and for ail medal expenses caused by accident under COVERAGE C (SECTION 1), which can- not be attributed enl�r to operations at a Olga designated 'location shown in ti» 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-Compieted Ohrelkoto Appnga• Limit, whichever le applicable; and 2. Such payments shall not reduce any Desig- naMd Location General Aggregate link. C©21040307 C. When coven** for liability arising out of the " etod operations hszard" is pro - vided. any payments for danns@ss because of ' Y fly" or arty damage" included in rio "products- conmfalatad operations hazard' wM reckons the Products-Completed Operalkats Ap- prt0 a Limit nor the Designated Location m- araf A grogats Unit. D. for time purposes of this endorsement. the CMG nitions Socbon is emonded by the addition of I. foaming deM+laon: Copynipht. Insurance Strvices Ofaoe, Inc., 1000 Peg. 2 of 2 CO 2504 03 ST Page 32 of 46 'Location" means premises involving MO same Of conneaanp lob, or premises whost connection le interrupted only by a Wort. roadway. or of aaa railroad. vralerwey E. TM Provisions of Limits Of insurance (SECTION W) not otMrwist modified by ties sndorsemnent slid continua lo apply se sdptdeted. Name 01 Additional Insured Parsons) • Or OeQsnIz tionfsk The City of Dubuque, including all its elected and appointed officials, all its employees and volunters, aN Its boards, commissions and/or authorities and their board members, employees and volunteers. Locatien(s) Of Covered Operations kdormsdon required lo co ndils this Schedule, if not shaven above. will be slows In the Dacieralions. POLICY NUMBER: COMMERCIAL GENERA. UABI UTY CO 2010 07 04 THIS ENDORSEMENT CHANGES THE POUCY. 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 M — Who Is An Insured M amended lo include as an additional insured the person(s) er orasnizellon(s) shown In the Schedule. but only with respect to NabENy for 'bodily k*xy", damage" or "paste and advertising caused. In whole or in part. by 1. Your acts or omissions; or 2. Me ads or omissions of those acting on your behalf; CO 20 10 117 04 Page 33 of 46 In On performance of your ongoing operations for addlffonal Insured(s) at the bcalon(s) desig- nated above. B. WIC respect lo Ohs insurance afforded lo these additional insureds, the following additional exclu- sions apply: This Insurance doss not appy lo "bodily Injury" or "piq,.rty d«warale" oocuntrly alter: Page 1 of 2 1. AN work, inciudinn matsriais, parts or equip- ment furnished in connection wish such work, on the project (other than service, maintenance or repairs) b be psrion)neNd Ile by or on behalf of the covered °pennons has been completed; oorr 2. That por*on of 'your work" out of which is loony or demons arises hes been put to its In- tended ute by any person or organization other than moose contractor or subcontractor in performing operations for a veina- ss a pert of M shine project. AN teas and conditions of this policy apply unless modified by this Pape 2 of 2 D 150 Propsrtss, Inc.. 2004 Page 34 of 46 C0 20 10 07 04 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaivvar of Goverrxnentgl 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, lows under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to tins. 2. Claims Comm., The insurance caller further agrees that this poky of insurance strait cover only those claims not subject to the defense of governmental immunity under the Code of lows Section 070.4 as it now exists and as k may be amended from time to time. Those claims not subject to Code of lows 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 shah do so upon the timely written request of the insurance carrier. 4. Non-Denial of Coverage. The insurance carrier shah not deny coverage under this policy and the kaurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental krmnunity unless and until a court of competent jurisdiction has ruled in favor of the defenses) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Chan* in Policy. The above preservation of governmental knmunkies shah not otherwise change or alter the coverage available under the policy. SPECIMEN 1 of 1 January 2006 Page 35 of 46 Intermodal Transportation Center City of Dubuque, Iowa Consultant Professional Services Request for Proposal March 7, 2011 Appendix E Supplemental Documentation Page 36 of 46 Masterpiece on the Mississippi [Insert Site Selection Report] Page 37 of 46 Form 020081wd 01 -91 (, Iowa Department of Transportation NON - COLLUSION BIDDING CERTIFICATION I here swear (or affirm) under the penalty for perjury: 1. That I am the bidder (if the bidder is an individual), a partner in the bid (if the bidder is a partnership), or an officer or employee of the bidding corporation having authority to sign on its behalf (if the bidder is a corporation); 2. That the attached bid or bids have been arrived at by the bidder independently and have been submitted without collusion and without any agreement, understanding, or planned common course of action with any other vendor or materials, supplies, equipment, or services described in the invitation to bid, designed to limit independent bidding or competition. 3. That the contents of the bid or bids have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the bid or bids, and will not be communicated to any such person prior to the official opening of the bid or bids; and 4. That I have fully informed myself regarding the accuracy of the statements made in the affidavit. My commission expires Bidder's E.I. Number Signature Firm Name Subscribed and sworn to before me this day of , 20 Page 38 of 46 Notary Public CERTIFICATION OF DISADVANTAGED , 20 Number Used on Employer's Quarterly Federal Tax Retum BUSINESS ENTERPRISE (DBE) PARTICIPATION GOAL The Bidder must certify that it: A) Will meet the DBE goal of 0.45 %, or B) That it will not meet the 0.45% goal A) 0.45% Goal Attainment Certification. Date Signature Title Company Name B) Certification of inability to meet 0.45% Goal and Good Faith Efforts The bidder certifies that it is able to meet % DBE participation Date Signature Title Company Name Page 39 of 46 Form 020087wd 12 -05 �1 Iowa Department of Transportation IOWA TRANSIT VENDOR / SERVICE PROVIDER CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS (For Contracts With $25,000 or Greater Value) The as a participant (Name of Vendor) in a FTA grant, certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction or records, making false statements, or receiving stolen property; 3. Are not presently indicated for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and 4. Have not within a three -year period preceding this application / proposal had one or more public transactions (Federal, State, or local) terminated for cause of default. (If the transit vendor or service provider is unable to certify to any of the statements in this certification, the vendor/ service provider shall attach an explanation of this certification.) The certifies or affirms the (Name of Vendor or Service Provider) truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. Sections 3801 Et. Seq. are hereby applicable. Date: By: (Name) Page 40 of 46 Title Form 020096wd 05 -02 f %Iowa Department of Transportation r CERTIFICATION OF RESTRICTIONS ON LOBBYING (for contracts or subcontracts with $100,000 or more value) The undersigned (contractor) certifies, to the best of his /her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with it's instruction as amended by government -wide guidance for new restrictions on lobbying 61 Fed. Reg. 1413(1/19/96). (3) The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction imposed by 31 USC 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 USC 3801, et. seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date Page 41 of 46 1. Energy Conservation Requirements The successful bidder shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act. 2. Access to Records and Reports Requirements In accordance with 49 CFR 18.36(1), the Contractor and any vendor acting on its behalf in this solicitation agree to provide the Iowa Public Transit System awarding a contract, the Iowa Department of Transportation, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to any contract awarded pursuant to this solicitation for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 CFR Part 633.17, to provide the FTA Administrator or his authorized representatives, including any Program Management Oversight (PMO) contractor, access to Contractor's records and construction sites pertaining to a major capital project, as defined at 49 U.S.C. 5302 (a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. section 5307, 5309, or 5311. The Contractor agrees to permit any of the parties described in the preceding paragraph to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Contractor /EM agrees to maintain all books, records, accounts and reports required under any contract awarded pursuant to this solicitation for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the Iowa DOT, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(1)(11). 3. Federal Changes The Contractor or vendor thereof agrees to comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement (Form FTA MA (6) dated October, 1999) between the Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to comply shall constitute a material breach of this contract. 4. No Federal Government Obligation to Third Parties The Contractor acknowledges and agrees that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. Any vendor or FSM submitting a bid or proposal agrees to include the paragraph /provision above in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the provision shall not be modified, except to identify the subcontractor who will be subject to this provision. 5. Program Fraud and False or Fraudulent Statements and Related Acts (1)Contractor's or vendors submitting a bid on their behalf are obliged to comply with the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, at 31 U.S.C.Section 3801 et seq, and U.S. DOT regulations "program Fraud Civil Remedies," 49 CFR, Part 31. Upon execution of the underlying contract (accepting a contract awarded pursuant to this solicitation), the contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this Page 42 of 46 .ti contract is being manufactured or work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. Section 5307, the Government reserves the right to impose the penalties of 18 U.S.C. Section 1001 and 49 U.S.C. Section 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the clauses delineated as (1) and (2) above in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified except to identify the subcontractor who will be subject to the provisions. 6. Termination Termination for Convenience (General Provision) Any transit system/ Purchaser that awards a purchase contract incorporating this provision may terminate such contract, in whole or in part, at any time by written notice to the Contractor when it is in the Transit System's /Government's best interest. The Contractor shall be paid its cost, including contract close -out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the Transit System(or other Purchaser) to be paid to the Contractor. If the Contractor has any property in its possession belonging to a Purchaser, the Contractor will account for such property and return or dispose of such property as directed by and at the cost of the Purchaser. .be paid its costs (1) Termination for Default[Breach or Cause](General Provision) If the Contractor does not deliver a bus(es) as per the terms of this solicitation or any contract awarded thereof in accordance with the contract delivery schedule, or , if the contract is for services , the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the Purchaser may terminate his contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the Purchaser that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the Purchaser, after setting up a new delivery or performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. (2) Opportunity to Cure General Provision The Purchaser in its sole discretion may in the case of termination for breach or default, allow the Contractor a specified period of time in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If the Contractor fails to remedy to Purchaser's satisfaction the breach or default or any of the terms covenants, or conditions of the Contract within ten (10) business days after receipt by Contractor or written notice from the Purchaser setting forth the nature of said breach or default, Purchaser shall have the right to terminate the Contract without any further obligation to the Contractor. Any such termination for default shall not in any way operate to preclude the Purchaser from also pursuing all available remedies against Contractor and its sureties for said breach or default. Page 43 of 46 7. Government -wide Debarment and Suspension Each bidder must submit an appropriately prepared, and signed certification regarding any debarment action or other factors relevant to the firm's, or any its principal's, eligibility to participate in federally funded projects. By signing and submitting this bid or proposal, the prospective lower tier participant. 8. Civil Rights Requirements (1) Nondiscrimination — In accordance with Title VI of the Civil Rights Act as amended, 42 U.S.C. Section 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C, Section 6102, Section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12132, and Federal transit law at 49 U.S.C. Section 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity: Contractors, or vendors thereof, submitting bids must be an equal opportunity employer as defined in the Rights Act of 1964 and in Iowa Executive Order Number Fifteen. The successful bidder in accepting the offer of a purchase contract under terms of this solicitation certifies that its officials shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, disability, or national origin. The successful bidder shall also take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, disability, or national origin. The following requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with title VII of the Civil Rights Act, as amended, 42 U.S.C. Section 2000e, and Federal transit laws at 49 U.S.C. Section 53432, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U >S> DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, " 41 CFR Parts 60 et seq., (that implement Executive Order No. 11246, Equal Employment Opportunity as amended by Executive Order No. 11375, "amending Executive Order 11246 relating to Equal Employment Opportunity, " 42 U.S.C. Section 2000e note) , and with any applicable Federal statutes, executive orders, regulations and Federal policies that may affect manufacturing activities undertaken in the course of producing the buses being purchased. The Contractor agrees to take such affirmative actions as may be necessary to ensure compliance. These actions shall include, but shall not be limited to , the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age — In accordance with Section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Section 623 and Federal transit law at 49 U.S.C. Section 5332, the Contractor agrees to refrain form discrimination against present and prospective employees for reason of age. In addition, the contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities — In accordance with Section 102 of the Americans with Disabilities Act, as amended, 42 U.SS.C. Section 12112, the Contractor ag4rees that it will comply with the requirements of the U.S. Equal Employment Opportunity Commission, " Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, " 29 CFR part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees that it shall include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties Page 44 of 46 ti 9. Disadvantaged Business Enterprise Requirements (DBE) and Certification of Participation (Certificate attached shall be completed and submitted with bid) Refer to: http: /Iwww.ia.bidx.com /lettings /dbealpha.pdf for list of DBE contractors Each bidder shall comply with all rules and regulations promulgated by the Federal Transit Administration of the U.S. DOT regarding participation of Disadvantaged Business Enterprises in contracting opportunities created by any contract awarded under this solicitation. Contract Assurance ( §26.13) - The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Prompt Payment ( §26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than [specify number] days from the receipt of each payment the prime contractor receives from [Name of recipient]. The prime contractor agrees further to return retainage payments to each subcontractor within [specify the same number as above] days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the [Name of Recipient]. This clause applies to both DBE and non -DBE subcontractors. The vendor shall make a good faith effort to assure that small minority -owned and woman owned business enterprises are used as sources of supplies, equipment, construction, and services as much as possible. The rehabilitation services vendor awarded a contract shall take all the following affirmative action steps. Each vendor's bid shall identify the anticipated level of participation by DBE's in the project. 10. State and Local Law Disclaimer The use of many of the clauses delineated herein to comply with Federal requirements may be significantly affected by State law. In the event that the Code of Iowa may contain requirements that are not precluded by federal statute, state law or local shall be applicable. If the Contractor has reason to believe that any discrepancy exists between local, state, or federal requirements, it is incumbent on the Contractor to request in writing that a determination be made and issued by the Procurement Administrator to resolve any such discrepancy. 11. Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms and conditions required by DOT, whether or not expressly set forth in the provisions of this solicitation. All contractual provisions required by DOT, as set forth in FTA circular 4220.1 D, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this solicitation or contract awarded thereof. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests made by the Transit Agency, other participating Iowa public transit systems, or the Iowa DOT which would cause any of these parties to be in violation of FTA terms and conditions. 12. Non - Collusion Bidding Certification: (Certificate attached shall be completed and submitted with bid) Each bidder is required to submit properly prepared and signed Non - Collusion Bidding Certification as part of any bid submission pursuant to this solicitation. Page 45 of 46 Certification of Compliance with Bid Specifications and Federal Provisions B (Signature Required) Type or Print Signatory's Name Title Company Address City, State Zip Phone Fax E -Mail: Page 46 of 46