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RFQ_Bus Storage and Maintenance Facility Site Selection and Envir. AnalysisMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque bierd All-America City 1 2007 SUBJECT: Request for Qualifications for Site Selection Study and Environmental Analysis for a Bus Storage and Maintenance Facility DATE: May 30, 2012 Economic Development Director Dave Heiar recommends City Council approval to distribute a Request for Qualifications for services required to do a site selection study and environmental analysis for a bus storage and maintenance facility. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen 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: David J Heiar, Economic Development Director Dubuque all- ametica City 1111 I! 2007 SUBJECT: Request for Qualifications for Site Selection Study and Environmental Analysis for a Bus Storage and Maintenance Facility DATE: May 29, 2012 INTRODUCTION The purpose of this memorandum is to request City Council approval to distribute a Request for Qualifications (RFQ) for services required to do a site selection study and environmental analysis for a bus storage and maintenance facility 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 connection, vehicular parking, electric vehicle charging, bicycle parking, intercity bus, a passenger waiting area, taxicab stands, public restrooms (including lockers and showers /changing areas), and a ticketing office 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 After weighing the pros and cons of each site, the selection committee unanimously recommended the Historic Millwork District for the Intermodal Transportation Center DISCUSSION Initially it had been envisioned that the Intermodal Transportation Center would be one building The Intermodal Center would include a terminal building, a parking facility, a rail platform, and a bus storage facility After public input, it was decided that this project would be more beneficial if it was divided into several components In October 2011, the City was notified that $8 million of State of Good Repairs funding was being awarded to our Intermodal project Since this grant was for about one half of the funding requested in the application, the City prioritized the construction of the terminal building and the first phase of the parking facility The rail platform was not eligible for this FTA funding The City is currently in the process of selecting a consultant to complete the final design and construction oversite for the Intermodal Center project. As part of this revised study and analysis, the consultants identified sites for the various components of the Intermodal campus within the Millwork District. The parking facility will be located closer to the Millwork buildings to accommodate not only the parking needs of the Intermodal Center but the anticipated needs of the Millwork District as well. The rail platform would be next to the railroad track and the terminal building would be located east of Elm Street between the parking ramp and the rail platform. The bus storage facility was proposed to be located on the parcel of land that was acquired from Stewart Construction in December of 2011 (see attached map). The FTA reviewed the site analysis for the various components of this project and have agreed with the proposed locations except for the proposed site of the bus storage facility. Since the bus storage facility site was not approved by the FTA, it is the recommendation of the FTA that the City should update the site selection and environmental analysis for potential bus facility sites. By doing so, should federal funding become available at some point in the future, the City of Dubuque would be prepared to submit an application that has already cleared these obstacles. RECOMMENDATION /ACTION STEP Based on the advice of the FTA, City staff with the assistance of ECIA staff, has prepared an RFQ for site selection and environmental analysis for a bus storage and maintenance facility and recommends that the City Council authorize this RFQ. BUDGET IMPACT The funding for these services would be taken from the $3.4 million that the City has allowed as local match for the Intermodal project. Attachment F \USERS \Econ Dev \Intermodal Facility \Bus Maintenance Building\20120529_RFQ Bus Storage Maintenance Facility Council Memo doc 2 Passenger Rail Platform Phase II Terminal - -5;_5 00 sf Bus Storage Facility t t t PHASE 11 Phase II Parking - 1 90 Stalls 2-Way Street Conversion REQUEST FOR QUALIFICATIONS (RFQ) THE CITY OF ISSUE DATE: June 4, 2012 CONTACT: Dave Hear PHONE NO: 563 - 589 -4393 FAX NO: 563- 589 -1733 EMAIL: dheiar @cityofdubuque org 1IITJB � Masterpiece on the Mississippi SUBMIT PROPOSAL /OFFER PRIOR TO CLOSING DATE: July 6, 2012 CLOSING TIME: 1:00 P.M. (local time) SUBMIT TO SEE Section 8.0 FAX/EMAIL NOT ACCEPTED DESCRIPTION: Bus Storage & Maintenance Facility Site Selection Study and Environmental Analysis RECEIPT OF PROPOSAL El If you are considering a response the left, fill in the information below that you received this RFQ. NO RESPONSE REPLY If you do not want to respond to ACKNOWLEDGEMENT to this RFQ, please mark the box to and return this sheet as a confirmation this RFQ 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 Page 1 of 44 CITY OF DUBUQUE ECONOMIC DEVELOPMENT DEPARTMENT REQUEST FOR QUALIFICATIONS Bus Storage & Maintenance Facility Site Selection Study and Environmental Analysis City of Dubuque, Iowa June 04, 2012 Page 2 of 44 RFQ ORGANIZATION Bus Storage& Maintenance Facility Site Selection Study and Environmental Analysis City of Dubuque, Iowa June 04, 2012 Table of Contents: SECTION PAGE 1.0 Introduction ................................... ............................... 4 2.0 Project Objectives .......................... ............................... 4 3.0 Community Background ................... ............................... 5 4.0 Project Scope of Services ................ ............................... 5 5.0 Use of City Resources ..................... ............................... 8 6.0 Information to be Included in the Proposal .......................... 9 7.0 Proposal Question and Answers ........ ............................... 11 8.0 Submission Requirements ................ ............................... 12 Appendix A Consultant Evaluation Selection Process ........................... 14 Appendix B RFQ Rules and Protest Procedure ... ............................... 18 Appendix C City of Dubuque Contract Terms and Conditions. 20 Appendix D Insurance Requirements .................. ............................... 23 Appendix E Supplemental Documentation ......... ............................... 27 Page 3 of 44 Bus Storage & Maintenance Facility Site Selection Study and Environmental analysis City of Dubuque, Iowa THE CITY OF DThJi Masterpiece on the Mississippi Consultant Professional Services Request for Qualifications June 04, 2012 1.0 INTRODUCTION The City of Dubuque, Iowa is soliciting proposals from qualified professional consulting firms to complete a site selection study and environmental analysis for a Bus Storage & Maintenance Facility (BSMF). The vision for the BSMF is to provide a Facility for the maintenance and indoor, heated storage of all the City -owned buses and office space for transit operations. The Facility design will need to incorporate flexibility so that future transit system expansions can be accommodated. After a professional services agreement is negotiated, the City anticipates the study will be completed as rapidly as possible and take approximately 60 days for the preliminary results to be submitted. The final study report shall be delivered to the city within 90 days. 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 as authorized by the City Council. 2.0 PROJECT OBJECTIVES The City is seeking to hire a consultant that will meet with various stakeholder groups affected by the project to understand and discuss the current transportation needs the proposed facility will address, anticipate future needs, and then develop the site selection study, and submit a final site selection and feasibility study report as required by the Federal Transit Administration (FTA) and Iowa Department of Transportation (IDOT). The city also requires the consultant to develop an environmental analysis to the selected site that will meet the requirements for a documented Categorical Exclusion finding, and submit a final environmental study report as required by the Federal Transit Administration (FTA) and Iowa Department of Transportation (IDOT) for National Environmental Policy Act (NEPA) approval. The completed study will consider transportation needs, suitable site locations, stakeholder and community input, and overall feasibility of the facility. The Consultant shall meet frequently with the City to ensure that the site selection study is developed in a manner that maintains compatibility between city objectives and applicable federal and state regulations. Page 4 of 44 The City is seeking a Consultant to evaluate the existing transportation conditions, assess potential sites, determine needs of stakeholders and the proposed facility, complete an environmental analysis to support a documented Categorical Exclusion finding and prepare the final report for the site selection study. 3.0 COMMUNITY BACKGROUND The City of Dubuque is located on the Mississippi River in northeastern Iowa, adjacent to Illinois and Wisconsin. The City is approximately 30 square miles in area, with a population of approximately 60,000 people. The City's annual operating and capital budget is nearly $169 million and funds a full range of services. The City's web site is www.cityofdubuque.orq. The community has a stable and diversified manufacturing base and a growing service sector. Dubuque is the major retail, medical, education and employment center for the tri- state area. Tourism continues to be a major economic force in the community. City government works in collaboration with the private sector to promote economic development. The job creation and unemployment numbers show that Dubuque is holding steady in the current economic climate. Dubuque's construction numbers reveal an even more encouraging picture. The City has formed strong relationships with the local business community to promote continued economic growth and success. In 2006, the Mayor and City Council identified Sustainability and Green City designation as a top priority. Since then, the city has been working to implement this priority as listed on the www.sustainabledubuque.orq website on all projects. Dubuque's 11 Sustainable Principles should be applied to all aspects of the project. Dubuque's Reasonable Mobility principle supports mixed modes of transportation including transit, taxi, intercity bus, bicycling, pedestrian connections and the reestablishment of a passenger rail connection to Chicago. 4.0 PROJECT SCOPE OF SERVICES The following outline represents the minimum components for providing the final report for the site selection study and environmental analysis. The Consultant should describe the means or strategy by which they will satisfy the Scope of Services, or at the Consultant's preference provide an alternative, or second additional hybrid strategy that would improve the results of the project. If a hybrid strategy is being recommended by the Consultant, the Consultant should detail what processes and methods would be used to improve the project outcome. The environmental analysis should address the following items listed below: FTA Documented Categorical Exclusion 1) CONSISTENCY WITH LOCAL PLANS 2) LAND USE AND ZONING 3) LAND ACQUISTIONS & RELOCATIONS REQUIRED 4) COMMUNITY DISRUPTION and ENVIRONMENTAL JUSTICE 5) NOISEIWATER /AIR QUALITY/ HAZARDOUS MATERIALS 6) IMPACTS ON WETLANDS Page 5 of 44 Environmental Analysis 7) FLOODING IMPACTS 8) IMPACTS ON NAVIGABLE WATERWAYS & COASTAL ZONES 9) IMPACTS ON ECOLOGICALLY- SENSITIVE AREAS 10) IMPACTS ON ENDANGERED SPECIES 11) TRAFFIC AND PARKING IMPACTS 12) IMPACTS ON ENERGY 13) HISTORIC PROPERTIES AND PARKLANDS 14) IMPACTS CAUSED BY CONSTRUCTION • Noise • Utilities • Air Quality • Water Quality • Safety and Security • Disruptions to Traffic and Access to Property 15) VISUAL IMPACTS 16) IMPACTS ON SAFETY AND SECURITY 17) IMPACTS ON SECONDARY DEVELOPMENT 18) FARMLAND CONVERSION 19) PUBLIC NOTIFICATION 4.1 — Project Management & Accounting 4.1.1 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 study. One of the Project Manager's prime responsibilities is to track and facilitate solutions for any issues that may arise during the study. Additionally, the Project Manager shall serve as the primary point of contact for all exchange of information between the City and the Consultant. 4.1.2 The Project Manager shall maintain an updated, Work Breakdown Structure (WBS) /task outline for the duration of the study. 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 for each task that is listed. 4.1.3 The Project Manager shall maintain an updated project schedule for the duration of the study based on the tasks listed in the WBS. 4.1.4 The Project Manager shall maintain an updated Total Project Cost budget for the duration of the project. 4.1.5 During the study, the Project Manager shall twice a month submit to the City a bulleted progress report for the study. The summary shall contain four sections. The first section shall list major events that have occurred since the last report submittal. The second section shall list work that will be accomplished in the upcoming weeks. The Page 6 of 44 third section shall list critical items that need immediate attention. The last section shall identify all items that specifically need to be addressed by the City. 4.2 - Project Manager Deliverables The following is a list of requirements that shall be provided throughout the study. 4.2.1 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 month. On the day of submittal, the Project Manager shall be available for approximately 15 minutes by phone to discuss the progress made on individual tasks. 4.2.2 The Project Manager shall submit an updated electronic copy of the project schedule during the first week of each month. 4.2.3 The BSMF budget shall be submitted to the City in an electronic file format during the first week of each month. 4.2.4 The Project Manager shall submit the progress report during the first and third week of each month. The summary shall be submitted by electronic mad and be less than a single page in length. 4.2.5 The Project Manager shall deliver a final report which will include the results of the facility needs analysis, site selection study and Environmental Analysis. 4.3 — Feasibility /Needs Analysis Study 4.3.1 Consultant shall prepare a history of the proposed project, along with the needs for and objectives of the project. This work shall include a discussion of the existing transportation problems that the proposed facility will address. 4.3.2 Consultant shall detail the scope of the project and the project impact on the surrounding community. Scope will include space programming that details the necessary square footages by use, the estimated number of needed parking spaces and bus bays, a draft floor plan, requirements of the project, and an overall analysis of the proposed project. 4.3.3 Consultant shall research and review the travel needs of the city, county, and surrounding areas. This will require looking into all practical operations of Jule transit, its relation with other transit related projects and assessing the best location for proposed project. The consultant will also review the impact of project on local travel patterns. The review shall be based upon existing available data and be used to examine impacts to average daily traffic and level of service. The consultant will work with Dubuque Traffic Engineer and area metropolitan planning organization to determine this impact. 4.3.4 Consultant shall meet with stakeholders and members of the community to determine obligations, desires and opinions of the proposed project. Page 7 of 44 4.3.5 Consultant shall develop a capitol construction project budget and facility operational budget for the proposed facility. 4.4 — Site Selection Study 4.4.1 Consultant shall utilize the attached list of criteria (See Appendix E -BSMF Site Selection Criteria) to determine, both qualitatively and quantitatively, potential sites ranked according to criteria. The criteria list shall focus on site location and impact, access, transportation requirements, functionality and environmental concerns. 4.4.2 Site location and impact criteria shall include site size, topography, site availability and ownership, land use and zoning, proximity to downtown, visual presence, and any other important factors identified by the consultant. 4.4.3 Transportation requirements criteria shall include pedestrian access, impact on existing traffic, relationship to parking, proximity to railroad, vehicular access, impact on existing transit routes, and any other important factors identified by the consultant. 4.4.4 Environmental concerns criteria shall include NEPA requirements, floodplain constraints, historical importance, hazardous materials, conservation of land area, etc. 4.5 — Environmental Analysis Document 4.5.1 Consultant will develop an environmental analysis that discusses the environmental impacts for the recommended alternate proposed for the project. The Environmental Analysis shall be developed following the guidance of the attached environmental checklist (See Appendix E). The supporting documentation shall be for a documented Categorical Exclusion finding and include alternate locations and designs, different characteristics with similar benefits, and do- nothing alternates. 4.5.2 Consultant shall prepare the documentation responding to the Environmental Checklist to the standards deemed acceptable by the Federal Transit Administration (FTA). 4.6 — Schedule It is the intent of the City that the project and completion of the study shall be completed within three to four months after the signing of a professional service agreement. 5.0 USE OF CITY RESOURCES 5.1 - Requesting Use of City Resources for Preparation of the RFQ Response • All information requests shall be directed to the City's Project Manager as detailed in Section 7.0 of this request for qualifications. All Consultants should note that directly contacting other City of Dubuque staff or any of the Selection Committee members shall be considered inappropriate and grounds for disqualification. 5.2 - Material Available for the RFQ Response • Most current aerial photograph of the project area. A current aerial photograph of the City of Dubuque is available in SID file format. Page 8 of 44 5.3 - City Resources Available to the Consultant for use During the Project • The City will make its ArcView GIS mapping and data analysis capabilities available for this project. Digital aerial photos of the City of Dubuque were taken in the spring of 2009. • The City will make staff contact /resources persons available in the Building Services, Planning, GIS and Engineering Departments. 6.0 INFORMATION TO BE INCLUDED IN THE PROPOSAL The proposal should address all of the points outlined in this RFQ excluding any cost information. The proposal should be prepared simply and economically, providing a straight- forward, concise description of the Consultant's capabilities to satisfy the requirements of this RFQ. To simplify the review process and to obtain the maximum degree of comparability, the proposal shall include the following information and shall be organized in the order and manner specified below. While additional data may be presented, the following subjects must be included. They represent the minimum criteria against which the proposal will be evaluated. Letter of Transmittal Provide a letter of transmittal briefly outlining the Consultant's understanding of the work and list the Project Manager's name, address, office telephone number, mobile telephone number and email address. The name that is provided for the Project Manager will be used as the primary contact person during the RFQ evaluation process. Table of Contents The proposal shall contain a table of contents that delineates each section and the corresponding page number. Profile of Firm Provide general information about the Firm, along with its area of expertise and experience as it relates to this RFQ. Describe the experience and success of the Firm in working on similar projects. State the size of the Firm, the size of the Firm's professional staff, and the location of the office from where the work on this project will be performed. Discuss the 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 sub - consultants. 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 submit a second alternative or hybrid strategy with a modified scope of services and revised budget that would improve the results of the project. Page 9 of 44 Include a basic work plan 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 RFQ and how many trips to Dubuque are schedule and discuss the purpose of each trip. The Consultant should indicate in the work plan those aspects that are expected to be completed by City staff. Highlight any parts of the work plan that will reflect the Consultant's unique philosophy or insight regarding the approach to this project and how this approach positively impacts the successful completion of the project. Quality Assurance /Quality Control As a part of the proposal, specifically describe the quality control process that will be used throughout the project. List the amount of hours for each phase that will be dedicated to QA /QC and describe how those hours will be spent. The City expects that the majority of the QA /QC process will be performed by someone who is not an active member of the project team. Project Team Qualifications Provide the names of all members of the project team associated with this project. Specifically identify the supervisory and management staff including principals, the project manager, and technical experts who would be assigned to this project. For each project team member, provide a summary of their qualifications and experience. Specifically list any successful experiences working on intermodal studies for municipalities similar to Dubuque. Also include any relevant training and continuing education. Include a flow chart that shows the communication path between the City and the 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 sub - consultant staff on the project team flow chart. Describe the tasks each team member will be working on and estimate the amount of time that will be devoted to the project by each staff person. Provide the name and location of other sub - consulting firms that would be used by the Consultant during the project and the approximate percentage and type of the work that would be performed by each firm. Summarize the qualifications and experience of all sub - consultant staff working on the project. In submitting the proposal, the prospective 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, Section 3 - Substitution of Project Team Members. Provide at least 3 client references (include individual contact names and telephone numbers) for similar projects that have been completed by the Consultant in the last five (5) years. List the names of individuals on the project team proposed for the Dubuque project who have worked on the client reference projects. Understanding of Final Contract Terms The Proposer should provide a statement that indicates they have read and understand Appendix C — "City of Dubuque Contract Terms and Conditions ", and agree to include the Page 10 of 44 clauses that are listed in Appendix C in the final signed contract. Any exceptions to the Contract Terms and Conditions by the Consultant must be clearly stated in the submitted proposal. Certificate of Insurance The Consultant should provide a statement indicating that they are able to meet the City's insurance requirements for professional services. (See attached Insurance Schedule C — Appendix D.) Submittal of insurance documents as part of this RFQ is not required. Proposed Project Schedule Provide a project schedule for each proposed strategy. Outline the time durations and estimated completion dates for each major component of the proposed scope of work. The schedule should list all deliverables that are required throughout the project. Additional Required Submittals Provide completed copies of all certification documents attached in Appendix E (see pages 39 -48). Fees and Compensation Following the Brooks Act, price will not be a determining factor in selecting a vendor, however, please provided a detailed budget in a separate sealed envelope that will be analyzed after a vendor is selected based on the attached criteria. Provide a proposed fixed cost, plus reimbursable expenses budget for each strategy proposed to complete the requested scope of services. Breakdown costs by major scope element and also include a list of hourly rates for personnel assigned to the project. Quotation of fees and compensation shall remain firm for a period of at least 90 days from the RFQ submission deadline. Remember to separate the proposed budget from the other portion of the RFQ submittal. Initial screening will be done without knowing the Consultant's proposed fee for services. 7.0 PROPOSAL QUESTIONS AND ANSWERS If you have any questions concerning this Request for Qualifications, 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 RFQ. 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 RFQ unless released in writing (letter or email) as an officially numbered and titled addendum to the RFQ by the City of Dubuque. Any questions concerning this RFQ must be received on or before 10:00 a.m. CDT on June 26, 2012. 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. Page 11 of 44 From the date of issuance of the RFQ until final City action, the Proposer shall not discuss the RFQ 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 Project Manager City of Dubuque Economic Development Department 50 West 13th Street Dubuque, IA 52001 8.0 SUBMISSION REQUIREMENTS Phone: 563.589.4393 E -mail: dheiar @cityofdubuque.org Before submitting a proposal, each Consultant shall make all investigations and examinations necessary to ascertain site conditions and requirements affecting the full performance of the contract and to verify any representations made by the City upon which the Proposer will rely. PROPOSAL SUBMITTAL INFORMATION • Submittal Deadline: July 06, 2012 on or before 1:00 p.m. CST • Submittal Location: • Submittal Contact & Mailing Address: City of Dubuque Economic Development Department 50 West 13th Street Dubuque, Iowa 52001 -4864 Economic Development City of Dubuque Economic Development 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 Intermodal Transportation Center Site Selection Study and Environmental Analysis. 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 Page 12 of 44 certification documents in shown in Appendix E. Proposals should not include any pre- printed or promotional materials. Any proposals exceeding 12 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 RFQ have been received before submitting the proposal. The original proposal document shall be signed in blue ink by an officer of the Firm who is authorized to legally bind the Consultant to the provisions in its proposal. Proposals are to contain a statement indicating the period during which the proposal will remain valid. A period of not less than ninety (90) calendar days from the proposal closing date is required. Failure to comply with the above requirements shall be considered grounds for possible disqualification. Each Consultant assumes full responsibility for delivery and deposit of the completed proposal package on or before the deadline. Any proposals received after the submittal deadline will not be considered, and will be returned unopened to the Proposer. The City of Dubuque is not responsible for any loss or delay with respect to delivery of the proposals. The City of Dubuque is not liable for any costs incurred by any Consultant prior to the execution of an agreement or contract, nor shall the City of Dubuque be liable for any costs incurred by Firms that are not specified in any contract. All results from this project will remain the property of the City of Dubuque. Upon receiving this RFQ, we request that you complete the "Receipt of Qualifications 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 Qualifications. The City of Dubuque appreciates your time and consideration of this RFQ. Sincerely, David J. Heiar Project Manager Economic Development City of Dubuque Page 13 of 44 Bus Storage & Maintenance Facility Site Selection Study and Environmental analysis City of Dubuque, Iowa Masterpiece on the Mississippi Consultant Professional Services Request for Qualifications June 04, 2012 Appendix A Consultant Evaluation and Selection Process Page 14 of 44 INITIAL EVALUATION CRITERIA Proposals will be screened to ensure that they meet the minimum requirements of the required format. A selection committee will review qualifying proposals and select Firms for placement on the consultant short -list for the project. The following criteria in order of their relative importance (most is first, least is last) will be used to initially evaluate submitted proposals. 1. A high level of professional competence and a proven track record in the preparation of intermodal transportation center studies or similar: a. Qualifications and experience of the Consultant and any sub consultants. b. Demonstration of the project team's professional expertise and technical abilities. c. If a joint venture with sub consultants, the track records of the Firms experience working together. d. Experience of the Consultant working on municipal projects. e. Experience of the Consultant working on municipal projects in Iowa. 2. Design approach /methodology in completing scope of services such as: a. Grasp of project requirements and level of interest in the project. b. Creativity and problem solving ability. c. Ability of Consultant team to demonstrate initiative, motivation and knowledge as an indication of their desire to work with the City of Dubuque. 3. Proposed schedule required to complete project 4. Quality and completeness of the written proposal. The proposal should clearly demonstrate understanding of the City's overall objectives for the intermodal transportation center study. CONSULTANT SHORT -LIST EVALUATION CRITERIA A selection committee may choose to interview one or all of the short- listed Firms. Both the original submitted proposal and the results of any Consultant interviews will be used to select the final Consultant for the project. The following criteria in order of their relative importance (most is first, least is last) will be used to evaluate Consultants on the short -list. 1. A high level of professional competence and a proven track record in the preparation of intermodal transportation center studies or similar: a. Qualifications and experience of the Consultant and any sub - consultants. b. Demonstration of the project team's professional expertise and technical abilities. c. If a joint venture with sub - consultants, the track records of the Firms experience working together. d. Experience of the Consultant working on municipal projects. e. Experience of the Consultant working on municipal projects in Iowa. f. Experience of the project team working with the public and other project stakeholders in preparing intermodal transportation center studies. g. Overall success of past projects completed for the City of Dubuque. Page 15 of 44 2. Design approach /methodology in completing scope of services such as: a. Grasp of project requirements and level of interest in the project. b. Creativity and problem solving ability. c. Ability of Consultant team to demonstrate initiative, motivation and knowledge as an indication of their desire to work with the City of Dubuque. 3. Proposed schedule required to complete project. 4. Responsiveness and compatibility between the Consultant and City: a. General attitude and ability to communicate ideas clearly. b. Willingness of the Consultant to maintain a high level of direct interaction and communication with City staff. c. Ability to listen, be flexible, and follow and /or implement direction and /or ideas or concepts. d. How the proposed Consultant team interact with the general public, project staff, and public officials. 5. Quality and completeness of the written proposal. The proposal should clearly demonstrate understanding of the City's overall objectives for the intermodal transportation center study. SELECTED CONSULTANT - FEE NEGOTIATION PROCESS Upon the successful completion of the Consultant review process, the RFQ 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 RFQ, 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 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 Page 16 of 44 project team members, and the addition or elimination of tasks may be modified on the WBS in order to achieve the best overall results for project. The selected Consultant shall be responsible for updating the WBS to reflect any changes that were agreed to during negotiations. After the final scope of services has been determined, a fee has been negotiated, and the WBS has been finalized, the Consultant shall incorporate the WBS into the contract documents being prepared for signature. If a contract satisfactory and advantageous to the City can be negotiated at a price considered fair and reasonable, the award shall be made to that offerer. Otherwise, negotiations with the offerer ranked first shall be formally terminated and negotiations commenced with the Consultant ranked second, and so on until a contract can be negotiated that is acceptable to the City. Upon the successful completion of contract negotiations, the selection committee shall recommend that the City Manager execute a contract with the successful Consultant. The City Manager will in turn make a decision to execute the contract or request the Dubuque City Council make a final determination to award and execute the contract with a Consultant. Payment for Work: The Consultant awarded the contract shall have payment invoices processed once monthly. The invoiced amount shall be based on the Earned Value of the percent work completed as reported on the most recently updated and submitted WBS. Page 17 of 44 Bus Storage & Maintenance Facility Site Selection Study and Environmental Analysis City of Dubuque, Iowa THE CITY OF Masterpiece on the Mississippi Consultant Professional Services Request for Qualifications June 04, 2012 Appendix B RFQ Rules and Protest Procedure Page 18 of 44 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 RFQ that the words "shall ", "must ", or "will" are equivalent in this RFQ 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 RFQ's mandatory conditions requirements. The words "should" or "may" are equivalent in this RFQ 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 19 of 44 Bus Storage & Maintenance Facility Site Selection Study and Environmental Analysis City of Dubuque, Iowa THE CITY OF Masterpiece on the Mississippi Consultant Professional Services Request for Qualifications June 04, 2012 Appendix C City of Dubuque Contract Terms and Conditions Page 20 of 44 TERMS AND CONDITIONS The following clauses shall be included in the final signed contract: 1. CONSULTANT'S ENDORSEMENT ON PLANS. The Consultant shall endorse the completed computations prepared under this Agreement, and shall affix thereto the seal of a licensed professional engineer, or licensed professional architect, licensed to practice in the State of Iowa, in accordance with the current Code of Iowa. 2. CHANGE IN SCOPE OF SERVICES. No change in scope shall be permitted during this project without the prior written agreement of both parties and the WBS being updated. 3. SUBSTITUTION OF PROJECT TEAM MEMBERS. The Project Manager, partners, management, other supervisory staff and technical specialists proposed for the project may be changed if those personnel leave the Consultant. These personnel may also be changed for other reasons however, in either case, the City retains the right to approve or reject the replacements and no replacements shall begin working on the project without the express, prior written permission of the City of Dubuque. 4. INSURANCE. Consultant shall at all times during the performance of this Agreement provide insurance as required by the attached Insurance Schedule. 5. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Consultant, Consultant's subcontractor, or anyone directly or indirectly employed by Consultant or Consultant subcontractor or anyone for whose acts Consultant or Consultant's subcontractor may be liable, regardless of whether or not such claim, damage, 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 Page 21 of 44 minimum of delay during construction. The above and foregoing is not to be constructed as a limitation of the City's right to seek recovery of damages for negligence on the part of the Consultant herein. 8. OWNERSHIP OF ENGINEERING DOCUMENTS. All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the City and shall be delivered to the Project Manager upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitations on their future use by the City, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant for the specific purpose intended will be the City's sole risk and without liability or legal exposure to the Consultant. The City acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the City upon completion of the services and payment in full of all moneys due to the Consultant. The City and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Attachment _ of the contract. Any change to these specifications by either the City or the Consultant is subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD software specifications shall be compensated for Additional Services. The City is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. The City may reuse or make modifications to the plans and specifications, or electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the plans and specifications. 9. SUBLETTING, ASSIGNMENT OR TRANSFER. Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is prohibited unless written consent is obtained from the Engineer and approved by the City. Page 22 of 44 Bus Storage & Maintenance Facility Site Selection Study and Environmental Analysis City of Dubuque, Iowa THE CITY OF Masterpiece on the Mississippi Consultant Professional Services Request for Qualifications June 04, 2012 Appendix D Insurance Requirements Page 23 of 44 Insurance Schedule C shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days Providers presenting annual certificates shall present a Certificate at the end of each project with the final billing Each Certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent 2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and all carriers shall have a rating of A or better in the current A M Best's Rating Guide 3. Each Certificate shall be furnished to the contracting department of the City of Dubuque 4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement 5. Subcontractors and sub subcontractor performing work or service shall provide a Certificate of Insurance in accord with Exhibit I 6. All required endorsements to various policies shall be attached to Certificate of insurance 7. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the provider identifying and listing in writing all deviations and exclusions that differ from the ISO form 8. Provider shall be required to carry the minimum coverage /limits, or greater if required by law or other legal agreement, in Exhibit I Page 24 of 44 Insurance Schedule C (continued) Exhibit 1 A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit Products - Completed Operations Aggregate Personal and Advertising Injury Limit Each Occurrence Fire Damage Limit (any one occurrence) Medical Payments $2,000,000 Limit$1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 a) Coverage shall be written on an occurrence, not claims made, form All deviations from the standard ISO commercial general liability form CG 0001, or Business owners form BP 0002, shall be clearly identified b) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project (s) General Aggregate Limit" as appropriate c) Include endorsement indicating that coverage is primary and non - contributory d) Include endorsement to preserve Governmental Immunity (Sample attached) e) Include additional insured endorsement for The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and /or authorities and their board members, employees and volunteers using ISO form CG 20 10 Ongoing operations B) AUTOMOBILE LIABILITY $1,000,000 (Combined Single Limit) C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Coverage A Coverage B a) b) Statutory —State of Iowa Employers Liability Each Accident Each Employee - Disease Policy Limit - Disease $100,000 $100,000 $500,000 Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque Coverage B limits shall be greater if required by Umbrella Carrier D) UMBRELLA LIABILITY E) PROFESSIONAL LIABILITY Page 25 of 44 $1,000,000 $1,000,000 Preservation of Governmental Immunities Endorsement 1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Page 26 of 44 Bus Storage & Maintenance Facility Site Selection Study and Environmental Analysis City of Dubuque, Iowa THE CITY OF Masterpiece on the Mississippi Consultant Professional Services Request for Qualifications June 04, 2012 Appendix E Supplemental Documentation Page 27 of 44 1717 40 8Z abed ITC Site Evaluation Criteria 'Remarks Ranking Total Scores Conservation Area / Land Hazardous Material onme Historical / Archeological Importance Wetlands / Floodplain Constraints Environmental Assessment Requuirements Existing Transit Route Vehicular Access to Site Proximity to RR sport Relationship to Parking Impact on Existing Traffic Pedestrian Access (Side walk) to Site Proximity to Downtown Visual Presence Land use / Zoning ocatic Site Availability / Ownership Site Configuration Site Size Topography co N co a 1:1 o U u a Z — N CO 1' (0 CO r co 0 a) 0 cn 0 5) a) 5) a) Z > 0 0 N O 4) E 0 5) LL DATE GUIDANCE FOR PREPARING AN ENVIRONMENTAL ANALYSIS Analysis of criteria to Support a documented Categorical Exclusion (CE) Finding in accordance with 23 CFR Part 771.117. GRANT NO. GRANTEE Please include the following information with the Environmental Analysis: SECTION 1: State the need for and provide a description of the proposed action. This Section can include the Facility Feasibility documentation as described in FTA Circulars 9030 and 9300. This Section should also include a description of alternatives to the proposed action. SECTION 2: Environmental Impacts Analysis Checklist SECTION 3: List of Agencies and Persons Consulted SECTION 1: Please refer to the Feasibility Study guidance described in FTA Circulars 9030 and 9300. Provide a concise history of the proposed project. Please discuss the need for and purpose of the project. In accordance to the Feasibility Study guidance, please briefly discuss the alternatives and their environmental impacts to the proposed project that were studied. (Alternatives that should be discussed include alternative locations and designs; alternatives with different characteristics but that may achieve similar benefits and are preferable from an environmental standpoint, and the do- nothing alternative.) Describe the scope of the project, including project elements that will mitigate or enhance the project's effect upon the environment. Please provide a map showing land use, zoning, and any structures on the proposed project site and in the immediate vicinity of the site. Evaluate access, floodplain, drainage, sewer and water retention issues, topography and grading issues, facility linkages and economic factors such as likely fair market value, and eventual public ownership. Please provide an estimate of the facility's useful life and basis for the estimate. It is important to describe the transit components of the project proposed for FTA funding and if there are any "non- transit" components to the project, these also need to be described along with their funding sources. Please provide the project components in square footage estimates. Page 29 of 44 Determine the site's suitability for construction of a transit facility and the approximate costs of constructing the desired improvements. Appraisals are required for any property proposed for donation, purchase, or lease. Please state if the property's value will be used as local funding used as match to Federal funds." No property commitment such as donation, lease, or acquisition can occur before the environmental process is complete. The environmental process culminates with a finding by the FT A. If you procure consultant services for a Feasibility Study and /or for environmental reviews and documentation, make sure you advertize, take competitive quotes in a fair and open procurement and document the "how /why" of the consultant selection. For more complete guidance on the construction of your facility, please see the following web link for access to FT_A's Construction Project management Handbook, April 2007. http://www.fta.dot.gov/documents/Construct Proj lvIangmntC D.pdf SECTION 2: Provide a detailed environmental impact analysis and determination of significant impact for each of the areas in the following "Environmental Impact Analysis Checklist." Please note that just one sentence stating there is significant impact or there is no significant impact to the area under consideration, is not sufficient. Provide the basis for the determination of significant impact and properly justify your decision. Consult planners, engineers, ecologists. FElv1A. SHPOs, zoning officials. DNR. U.S. Fish and Wildlife Service, and Corps of Engineers as necessary to gain supportive information, and properly document each individual area. ENVIRONMENTAL IMPACT ANALYSIS CHECKLIST A. CONSISTENCY WITH LOCAL AND STATE PLANS INCLUDING LONG RANGE TRANSPORTATION PLAN AND STATE TRANSPORTATION IMPROVEMENT PROGRAM:: The comprehensive plan and other specific land use plans for the local area should be briefly described as they pertain and support the proposed project. If the transit project is within an urbanized area, please ensure the project is included in the Metropolitan Planning Organization's (MPO) Long Range Transportation Plan (LRTP) as well as the State Transportation Improvement Page 30 of 44 Program (STIP). FTA includes STIP documentation as part of the grant application process. The STIP program page number that includes the Federal funding for the proposed project and the STIP approval date need to be entered in TEAM as part of the grant application process. B. LAND USE AND ZONING: Description of zoning, if applicable. Note if the site is zoned for the proposed use of the facility. If the site needs to be re- zoned, has the re- zoning been completed prior to the environmental impact analysis? Attach a map or diagram, which identifies the location of the site and the surrounding land use. Provide evidence that the project is compatible with surrounding land uses and zoning issues. This is to identify any sensitive noise receptors such as school, hospital, or residences. C. LAND ACQUISTIONS & RELOCATIONS REQUIRED: Describe land acquisitions and displacements of businesses and dwelling units. Describe the impact on businesses and residences and the relocations required for the project. Provide size of project site in terms of acreage or square footage. The grantee needs to acknowledge that all Federal land acquisition and relocation requirements will be met. Discuss if land value is available for local match and if land value will be used for local matching funds. D. COnMnMUNITY DISRUPTION and ENVIRONMENTAL JUSTICE: Describe the impacts to the local community and the effects (positive or negative) of the proposed project. Identify those areas of the community, if any that have been disrupted or displaced or those segments of community that have been isolated. Identify any opposition to the project. E. NOISE/WATER/AIR QUALITY/HAZARDOUS MATERIALS: Describe if the project will involve significant noise, water, or air quality impacts and describe the effects of each of these. Provide a basis for this determination and address any increase in noise or water or air quality issues. Also describe what steps have been taken to determine if any hazardous materials exist on the site and how their existence will be mitigated. Page 31 of 44 F. IMPACTS ON WETLANDS: Describe the project's impact on nearby wetlands and associated wildlife resulting from both construction and operations of the project and measures to minimize adverse impacts and to avoid any disturbance of wetlands and the water resources supplying them. Provide information on location, type, and extent of wetlands that may be affected by the proposed action. Consult with U.S. Fish and Wildlife Service, Corps of Engineers, or the State Wildlife or Natural Resources agency as needed. A detailed analysis is required if proposed project is located in or near a wetland. G. FLOODING InMPACTS: Address possible flooding of the proposed project site and flooding induced by the proposed project site. A detailed analysis is not required if the proposed project is not located within a floodplain and does not involve changes in the existing pattern of water runoff. A determination should be made if the project is located within the 100 -year flood plain. Also, state if to your knowledge, if the site has ever flooded. H. InMPACTS ON NAVIGABLE WATERWAYS & COASTAL ZONES: Provide detailed analysis if the project affects navigation or is located within or affecting a navigable waterway. IMPACTS ON ECOLOGICALLY-SENSITIVE AREAS: Describe woodlands, prairies, marshes, bogs, lakes, streams, scenic areas, landforms, and geological formations, and pristine natural areas, which may be affected by the project. Consult the local department of natural resources to determine whether such an area exists on or near the proposed project site. J. IMPACTS ON ENDANGERED SPECIES: Review the list of threatened and endangered fauna and flora published by the U.S. Department of Interior and consult with the U.S. Fish and Wildlife Service, the National marine Fisheries Service, or other appropriate agencies. K. TRAFFIC AND PARKING InMPACTS: Determine the proposed uses and develop a site plan and facility layout to assess if parking, access, and circulation are adequate given mandated setbacks from local zoning and subdivision ordinances. Describe potential traffic impacts; including, whether the existing roadways have adequate capacity to handle increased bus and other vehicular traffic. Changes to traffic patterns, traffic volumes, and supply of parking should be evaluated for Page 32 of 44 possible negative impacts. The traffic analysis should evaluate impacts on adjacent streets and the impact on the total street system. If parking is being eliminated, an analysis should be conducted to determine the impacts of such an action. L. IMPACTS ON ENERGY: Evaluate the impacts to energy consumption and the possible opportunities to conserve energy. The grantee agrees to perform an energy assessment for any building constructed, reconstructed, or modified with FTA assistance, as provided in FTA regulations, "Requirements for Energy Assessments," -49 C.F.R. Part 622, Subpart C. M. HISTORIC PROPERTIES AND PARKLANDS: Evaluate the impacts to historic properties and parklands. Coordinate with the State Historic Preservation Officer (SHPO) and describe any natural, cultural, recreational, historic or other resource that might be located in the vicinity of the proposed project and if the project will have a significant impact on the resources. No further action is required if the SHPO determines the project will not affect any sites presently included in the National Register. However, if the project does have an impact, a detailed analysis is required to support the project and FTA, in coordination with the SHPO, will make a determination if the project poses a significant risk. The grantee will need to meet the requirements of: -40 U.S.C. 303 (Section - 4(f)): Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites and 16 U. S. C. -470f (Section 106): Protection of Historic Properties in accordance with the standards of 36 C.F.R. 800. -1(d), and in compliance with 36 C.F.R. 800.11. N. IMPACTS CAUSED BY CONSTRUCTION: Identify the construction plan and describe impacts due to noise, utility disruption, debris and spoil disposal, air and water quality, safety and security, access and distribution of traffic, erosion, and dust control. Erosion of soil resulting from construction must be addressed and measures identified to eliminate or reduce the off -site transport of sediment. O. VISUAL IMPACTS: Evaluate the visual impacts of the project on the surrounding community. Identify line of sight impacts, aesthetics, view obstructions, pedestrian movements, and historical impacts. Page 33 of 44 P. Q. IMPACTS ON SAFETY AND SECURITY: Describe the measures that would be taken to provide for the safe and secure operation of the project after its construction. InMPACTS ON SECONDARY DEVELOPMENT: Describe the secondary development that may result because of the project. R. FARMLAND CONVERSION: Provide verification that any farmland conversion resulting from the project does not take property designated as prime farmland. S. PUBLIC INVOLVEnMENT AND PUBLIC NOTIFICATION: Please document public involvement in the process of site selection and the proposed facility use determination. The public notice should briefly describe the project, describe the location, and include the opportunity for a public hearing. Attach a copy of the public notice(s). Confirm project is included in the State Transportation Improvement Program. SECTION 3: Provide a list of the governmental agencies and the individual consulted during the environmental analysis. Any public information techniques employed should be described in this section. Provide concurrence letters from the Department of Natural Resources. Corps of Engineers. State Historical Preservation Office and any other office as applicable to the project. Page 34 of 44 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 35 of 44 Form 020081wd 01 -91 rA ... Iowa Department of Transportation NON - COLLUSION BIDDING CERTIFICATION 1 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. Signature Firm Name Subscribed and sworn to before me this My commission expires Bidder's E.I. Number day of , 20 Notary Public , 20 Number Used on Employer's Quarterly Federal Tax Return CERTIFICATION OF DISADVANTAGED Page 36 of 44 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 37 of 44 Form 020087wd 12 -05 rA ... 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 quote 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 / quote 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) Title Page 38 of 44 Form 020096wd 05 -02 rA ... Iowa Department of Transportation 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 39 of 44 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 Tess 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 quote 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 Page 40 of 44 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 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. Page 41 of 44 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. 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 quote, 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. Page 42 of 44 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 9. Disadvantaged Business Enterprise Requirements (DBE) and Certification of Participation (Certificate attached shall be completed and submitted with bid) Refer to: http: / /www.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 Page 43 of 44 required by DOT, as set forth in FTA circular 4220.1D, 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. Certification of Compliance with Bid Specifications and Federal Provisions By (Signature Required) Type or Print Signatory's Name Title Company Address City, State Zip Phone Fax E -Mail: Page 44 of 44