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RFQ Project Management_Brownfields Assessment Cooperative AgreementMasterpiece on the Mississippi Dubuque band AI- America City 11111r 2007 • 2012 • 2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: RFQ and Consultant Selection Committee for Brownfields Assessment Cooperative Agreement Project DATE: August 12, 2013 The Environmental Protection Agency (EPA) has indicated its interest in funding the assessment, clean up, and redevelopment of brownfields in three distinct areas in Dubuque's Downtown Urban Renewal District: the South Port, the Historic Millwork District, and the low- income Washington Neighborhood. Acting Economic Development Director Phil Wagner recommends City Council approval of the issuance of a Request for Qualifications for project management and planning services for a Brownfields Assessment Cooperative Agreement Project. 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 Teri Goodmann, Assistant City Manager Phil Wagner, Acting Economic Development Director THE CITY OF DIItbU Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Phil Wagner, Acting Economic Development Director SUBJECT: RFQ and Consultant Selection Committee for Brownfields Assessment Cooperative Agreement Project DATE: August 9, 2013 Dubuque kattil All- America City 11111 r INTRODUCTION This memorandum seeks your approval for the issuance of a request for qualifications (RFQ) for project management and planning services for a Brownfields Assessment Cooperative Agreement Project. I also seek your approval of the consultant selection committee for the project. The RFQ is attached. DISCUSSION The Environmental Protection Agency (EPA) has indicated its interest in funding the assessment, clean up, and redevelopment of brownfields in three distinct areas in Dubuque's Downtown Urban Renewal District: the South Port, the Historic Millwork District, and the low- income Washington Neighborhood. The emphasis of the Brownfields Assessment Cooperative Agreement Project is on three distinct areas located in Dubuque's Downtown Urban Renewal District. • The South Port, consisting of 33 acres of vacant and industrial waterfront property adjacent to downtown; • The Historic Millwork District, which is an underutilized portion of downtown with over 1 million square feet of vacant, historic warehouse space; and • The low- income Washington Neighborhood, where the City seeks to reclaim brownfields for housing and small business development. The consultant, along with city staff, will monitor and guide the project in all three different areas around the City. The consultant will document and report activity including the completion of Quarterly Reports and reporting software data entry for the EPA, and communicate with EPA and the DNR as needed and required to assure compliance with administrative, financial and reporting requirements. The consultant will attend project meetings, give presentations, and develop and provide information to property owners, and the Community Engagement Team. This will include the oversight of site specific technical sampling plans and the contractor performing the assessments. The consultant will develop site reuse plans, with significant input from the Community Engagement Team. The consultant selection committee will consist of the following: Teri Goodmann, Assistant City Manager, Steve Brown, Engineering Project Manager, Ken Tekippe, Finance Director Kyle Kritz, Associate Planner and Phil Wagner, Acting Economic Development Director. RECOMMENDATION I recommend that you approve and authorize posting the enclosed RFQ for project management and planning services. Enclosures cc: Teri Goodmann, Assistant City Manager Steve Brown, Engineering Project Manager Ken TeKippe, Finance Director Kyle Kritz, Associate Planner 2 REQUEST FOR QUALIFICATIONS (RFQ) Masterpiece on the Mississippi SUBMIT PROPOSAL /OFFER PRIOR TO CLOSING DATE: September 4, 2013 CLOSING TIME: 4:00 P.M. (local time) DESCRIPTION: ISSUE DATE: August 19, 2013 CONTACT: Phil Wagner PHONE NO: 563 - 589 -4213 FAX NO: 563 - 589 -1733 EMAIL: Pwagner @cityofdubuque.org SUBMIT TO: SEE Section 8.0 FAX/EMAIL NOT ACCEPTED Project Management and Planning Services for the Brownfields Assessment Cooperative Agreement Project that includes development in the South Port of Dubuque, the Historic Millwork District, and the Low - Income Washington Neighborhood RECEIPT OF PROPOSAL ACKNOWLEDGEMENT If you are considering a response to this RFQ, please mark the box to the left, fill in the information below and return this sheet as a confirmation that you received this RFQ. NO RESPONSE REPLY If you do not want to respond to this RFQ at this time, please mark the box to the left, fill in the information below and return this sheet only. COMPANY NAME: DATE: MAILING ADDRESS: CITY /STATE: ZIP CODE: AUTHORIZED SIGNATURE: PRINTED NAME: TITLE OF AUTHORIZED REPRESENTATIVE: EMAIL: PHONE: Page 1 of 24 CITY of DUBUQUE ECONOMIC DEVELOPMENT REQUEST FOR QUALIFICATIONS Brownfields Assessment Cooperative Agreement Project August 19, 2013 Page 2 of 24 RFQ ORGANIZATION Brownflelds Assessment Cooperative Agreement Project City of Dubuque, Iowa August 19, 2013 Table of Contents 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 PROPOSAL 8 7.0 PROPOSAL QUESTIONS AND ANSWERS 10.144 8.0 SUBMISSION REQUIREMENTS 11 Appendix A 1313 Appendix B 1644 Appendix C 18 Appendix D 21 Page 3 of 24 Brownfields Assessment Cooperative Agreement Project City of Dubuque, Iowa Consultant Professional Services Request for Qualifications August 19, 2013 1.0 INTRODUCTION The City of Dubuque is requesting written qualifications and proposals from qualified and interested consultants for project management and planning services for its Brownfields Assessment Cooperative Agreement project. The Environmental Protection Agency (EPA) has approved funding to assess, clean up, and redevelop brownfields in three distinct areas in Dubuque's Downtown Urban Renewal District: the South Port, the Historic Millwork District, and the low- income Washington Neighborhood. 2.0 PROJECT OBJECTIVES The emphasis of the Brownfields Assessment Cooperative Agreement Project is on three distinct areas located in Dubuque's Downtown Urban Renewal District. • The South Port, consisting of 33 acres of vacant and industrial waterfront property adjacent to downtown; • The Historic Millwork District, which is an underutilized portion of downtown with over 1 million square feet of vacant, historic warehouse space; and • The low- income Washington Neighborhood, where the City seeks to reclaim brownfields for housing and small business development. The consultant, along with city staff, will monitor and guide the project in all three different areas around the City. The consultant will document and report activity including the completion of Quarterly Reports and ACRES data entry, and communicate with EPA and the DNR as needed and required to assure compliance with administrative, financial and reporting requirements. The consultant will attend project meetings, give presentations, and develop and provide information to property owners, and the Community Engagement Team. This will include the oversight of site specific technical sampling plans and the contractor performing the assessments. The consultant will develop site reuse plans, with significant input from the Community Engagement Team Page 4 of 24 3.0 COMMUNITY BACKGROUND The City of Dubuque is located on the Mississippi River in northeastern Iowa, adjacent to Illinois and Wisconsin. The City is approximately 30 square miles in area, with a population of approximately 60,000 people. The City's annual operating and capital budget is nearly $116 million and funds a full range of services. The City's web site is www.citvofdubuque.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 growing steadily in the current economic climate. Dubuque's construction numbers reveal an even more encouraging picture. The City has formed strong relationships with the local business community to promote continued economic growth and success. 4.0 PROJECT SCOPE OF SERVICES The following outline represents the minimum components that must be provided for this project. The consultant services will include general project management, including but not limited to, preparation and submission of EPA reports and requests for funds, tracking of funding, procurement of site - specific assessments for hazardous and petroleum pollutants to be conducted by an EPA- and Iowa DNR- qualified firm, development of site reuse plans and other general services. The consultant will work with City, EPA, and Iowa DNR staff in the coordination of the project and activities. The consultant will organize and conduct Community Engagement focus groups, oversee site assessments and reuse planning. The consultant will work with City staff to establish a Community Engagement Team, conduct community engagement focus groups along with preparing community engagement materials pertinent to the projects. The consultant will develop site reuse plans and provide assessments for eligible sites along with associated activities necessary to complete the assessments and gain necessary information for clean- up planning and development of strategies to move toward the redevelopment of sites. The consultant will work with City staff in the procurement of a qualified firm to conduct assessments of the various sites for hazardous and petroleum pollutants. The consultant will work with firm to develop Phase I assessments, (Data Quality Assurance Idocuments for each Phase II assessment, working with property owners to secure property access agreements and coordination, observing and documenting field work, reviewing reports and laboratory data, and coordination on project specific tasks. The consultant will coordinate with the Contractor, EPA, and the DNR, on assessments and cleanup planning, to determine the most appropriate cleanup response in the event it is necessary following a Phase II assessment. Page 5 of 24 Comment [WU1]: These are the site specific data quality assurance checklists which are submitted for EPA review after a generic Brownfields Assessment QAPP has been approved and the checklist has been approved. Different contractors and states call these documents different things. Use what is appropriate for your project or leave it generic. The project budget is as follows: Budget Categories [Hazardous Substances Project Tasks Task 1 Community Engagement Task 2 Site Assessments Task 3 Reuse Planning Task 4 Project Management [Total Personnel $0 $0 $0 $2,000 $2,000 Fringe Benefits $800 $800 $800 $400 $2,800 Travel $0 $0 $0 $2,000 $2,000 Equipment $0 $0 $0 $0 $0 Supplies $250 $250 $250 $250 $1,000 Contractual $9,000 $156,000 $24,000 $1 ,200 $190,200 Meetinses Expe $1,000 $0 $1,000 $0 $2,000 Total Federal Funds $11,050 $157,050 $26,050 $5,850 $200,000 Budget Categories Petroleum Project Tasks Task 1 Community Engagement Task 2 Site Assessments Task 3 Reuse Planning Task 4 Project Management Totals Personnel $0 $0 $0 $2,000 $2,000 Fringe Benefits $800 $800 $800 $400 $2,800 Travel $0 $0 $0 $2,000 $2,000 Equipment $0 $0 $0 $0 $0 Supplies $250 $250 $250 $250 $1,000 Contractual $9,000 $156,000 $24,000 $1 ,200 $190,200 Meetinses Expe $1,000 $0 $1,000 $0 $2,000 Total Federal Funds $11,050 $157,050 $26,050 $5,850 $200,000 Note: Task 2 will be utilized for services performed by the contracted firm conducting the site assessment for hazardous and petroleum pollutants. Task 4 funding will be utilized for City staff expenses. Qualifications are to be submitted by 4:00 p.m., Wednesday, September 4, 2013 to: City of Dubuque; Attn.: Phil Wagner, Acting Economic Development Director; 50 West 13th Street; Dubuque, IA 52001. Please submit three copies of your response, including price for the administration services. The City will use competitive negotiation procedures for the procurement of the technical services whereby City staff will evaluate the competitors' qualifications, and the most qualified competitor is selected, subject to fair and reasonable compensation and make a recommendation to the Mayor and City Council for the contracted services. Page 6 of 24 Comment [WU2]: NOTE: Please show separate budgets for each Type of Funding! Comment [WU3]: The example budget and work plan shows only 3 tasks. Please add columns for additional tasks if you have more than three. Often recipients will split out assessment and cleanup planning into separate tasks. It is entirely up to you Look at your proposal for cues. All competitors will be evaluated according to the following criteria: * - availability and capability of staff * - references * - Dubuque's familiarity with the firm * - ability to complete project on time and within budget * - past experience with similar projects * - price #- integrity and compliance with public policy #- familiarity with EPA and State and Federal regulations The evaluation of the competitors' written qualifications will be made by the City staff using the above evaluation factors. The first 6 criteria ( *) will merit up to 10 points each and the final two criteria ( #) will merit up to five points each. Selection for contract award will be made by the City Council based upon staff recommendation following their review of written qualifications, evaluations and oral interviews (if requested by the staff). Award will be made to the responsible consultant whose qualifications are most advantageous to the City. The City reserves the right to reject any or all proposals and to waive any informality or irregularity or to accept any proposal which best serves the interest of the City. The City will review the responses and anticipates awarding a contract at their September 16, 2013 City Council meeting. Base Expectations • The selected firm shall identify one person to serve as the Project Manager for this project. • The Project Manager shall be the leader of this effort and is expected to ensure that the project scope, schedule and Total Project Cost (TPC) budget are being monitored and adhered to at all times during the design and construction phases. One of the Project Manager's prime responsibilities is to track and facilitate solutions for any issues that may arise during the design and construction phases. Additionally, the Project Manager shall serve as the primary point of contact for all exchange of information between the City and the selected firm. • The Project Manager shall submit a schedule update and a project progress update report during the first week of each month. The summary shall be submitted by electronic mail. • Multiple meetings with project stakeholders will be required during the process to gather input, communicate project progress, and coordinate with various agencies. • Meetings with the City Council should be included with the project. The City Council will be kept informed of projects progress and findings throughout the project. • Critical members of the firm's project team are expected to be present at all meetings. Use of teleconference and videoconferencing is an acceptable alternative meeting format as long as the objectives of the meeting agenda can be met. Page 7 of 24 • The Consultant shall have a formal written Quality Assurance /Quality Control (QA /QC) program in place for the full duration of the project. Upon request from the City and at anytime throughout the project, the Consultant shall provide documentation to the City that verifies the QA/QC program is being actively utilized and followed. 5.0 USE OF CITY RESOURCES 5.1 - Use of City Resources for the RFQ Preparation • 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 • Most current aerial photograph of the project area. A current aerial photograph of the City of Dubuque is available in SID file format. 5.3 - City Resources Available to the Selected Consultant • The City will make its ArcView GIS mapping and data analysis capabilities available for this project as well as staff contact /resources persons in the Planning Services Department and the Engineering Department. Digital aerial photos of the City of Dubuque were taken in the spring of 2009. • CADD line work drawings of City Roads, CADD plans of adjacent city streetscape available on DVD. 6.0 INFORMATION TO BE INCLUDED IN PROPOSAL The submitted proposal should address all of the points outlined in this RFQ excluding any cost information which shall be included in a separate sealed envelope labeled "Project Cost Estimate ". The Proposal should be prepared simply and economically, providing a straightforward, concise description of the Consultant's capabilities to satisfy the requirements of the 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 primary criteria against which the proposal will be evaluated. Letter of Transmittal Provide a letter of transmittal briefly outlining the Consultants understanding of the work and list the Project Manager's the name, address, telephone number, and e-mail address. The name that is provided for the Project Manager will be used as the primary contact person during the RFQ evaluation process. Index Each proposal shall contain a table of contents that delineates each section contained in the proposal and the corresponding page number. Profile of Firm Page 8 of 24 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 as listed in Section 4. 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 this project. Include a basic work plan for each strategy that delineates the Consultant's approach to the completion of the project. The work plan, at a minimum, should include those components outlined in Section 4 of this RFQ. The Consultant should indicate in the work plan the aspects of the project they expect to be completed by City staff. Highlight any parts of the work plan that will reflect the Consultant's unique philosophy or insight regarding its approach to this project and how this approach positively impacts the successful completion of the project. Project Team Qualifications Provide the names of all members of the project team associated with this project. Specifically identify the supervisory and management staff including principals, the project manager, and technical experts who will be assigned to this project. For each project team member, provide a summary of their qualifications and experience. Include any training and relevant education. Provide a flow chart that shows the communication path between the City and Consultant. Include all project team members on the flow chart and show the supervisory relationship between all members of the team. Be sure to include all sub - consultants staff on the project team flow chart. Provide the name and location of other sub - consulting firms that would be used by the Consultant during the project and the approximate percentage 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 C - Substitution of Project Team Members ". Page 9 of 24 Describe the experience and success of the project team members proposed for the Dubuque project who have previously worked on similar projects together. Include at least three (3 client references (including individual contact names and telephone numbers) for similar projects that have been completed by the firm in the last five (5) years. List the names of individuals on the project team proposed for the Dubuque project who have worked on the referenced projects. 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 ". Any exceptions to the Contract Terms and Conditions by the Consultant must be clearly stated in their submitted Proposal. Certificate of Insurance The Consultant should provide a statement indicating that they are able to meet the City's insurance requirements for professional services. (See attached Insurance Schedule C — Appendix D.) Proposed Project Schedule Provide a project schedule for each proposed strategy. Outline the time durations and estimated completion dates for each major component of the proposed scope of work. The schedule should list all deliverables that are required throughout the project. Fees and Compensation Provide a proposed fixed cost, plus reimbursable expenses budget for each strategy proposed to complete the requested scope of services. Breakdown costs by major scope element and include a list of hourly rates for personnel assigned to the project. Provide a sub total for each of the Tasks outlined in Section 4 so that work can be authorized as funding becomes available. 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 in writing. The City has used 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 proposal must be received on or before 10:00 a.m. CDT on September 3, 2013. Any inquiries received after this date will not be answered. When submitting a question to the Project Manager, please include the appropriate firm contact information. Page 10 of 24 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: Phil Wagner Acting Economic Development Director 50 W. 13th Street Dubuque, Iowa 52001 Phone: 563.589.4393 Fax: 563.589.1733 Email: Pwagner @cityofdubuque.org 8.0 SUBMISSION REQUIREMENTS Before submitting a proposal, each Consultant shall make all investigations and examinations necessary to ascertain site conditions and requirements affecting the full performance of the contract and to verify any representations made by the City upon which the Proposer will rely. PROPOSAL SUBMITTAL INFORMATION • Submittal Deadline: September 4, 2013 on or before 4:00 p.m. local time • Submittal Location: • Submittal Contact & Mailing Address: City of Dubuque Economic Development Office Attn: Phil Wagner 50 West 13th Street Dubuque, Iowa 52001 -4864 City of Dubuque Economic Development Office Attn: Phil Wagner 50 West 13th Street Dubuque, Iowa 52001 -4864 • Submittal Copies: Three (3) sets of the proposal shall be provided. Submit one (1) original signed proposal, two (2) copies and also an electronic .pdf version, all labeled Brownfields Assessment Cooperative Agreement Project. Submitted proposals must be in 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 proposal hardcopies. No faxed or e -mail proposals will be accepted. Page 11 of 24 The proposal must be a document of not more than fifteen (15) 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 separately sealed cost proposal. Proposals should not include any pre- printed or promotional materials. Any proposals exceeding 15 numbered pages will not be considered. Each addendum must 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 you have received all addendums to this RFQ 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 Proposer to its provisions. 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 shall 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 Proposal Acknowledgement — "No Response Reply" information contained on the first page of this document and return it to the City's Project Manager by mail or email so the City can ensure that each Consultant received this Request for qualifications. The City of Dubuque appreciates your time and consideration of this RFQ. Sincerely, Phil Wagner Acting Economic Development Director Page 12 of 24 Brownfields Assessment Cooperative Agreement Project City of Dubuque, Iowa Consultant Professional Services Request for Qualifications August 19, 2013 Appendix A Consultant Evaluation and Selection Process Page 13 of 24 INITIAL EVALUATION CRITERIA Proposals will be screened to ensure that they meet the minimum requirements of the proposal format. A selection committee will review qualifying proposals and select Firms for placement on the consultant short-list for the project. The following criteria are among those that will be used to initially evaluate submitted proposals. 1. A high level of professional competence and a proven track record with similar projects: a. Qualifications and experience of the Consultant and any sub - consultants. b. Availability and capability of staff. c. Demonstration of the project teams and technical abilities. d. If a joint venture with sub - consultants, the track record of the Consultants experience working together. e. Experience of the Consultant working on municipal projects. f. Experience of the Consultant working on municipal projects in Iowa. g. Overall success of past projects completed for the City of Dubuque. 2. Quality and completeness of the written proposal. The proposal should clearly demonstrate understanding of the City's overall objectives for the Brownfields Assessment Cooperative Agreement Project. 3. Design approach /methodology in completing scope of services such as: a. Grasp of project requirements and level of interest in the project. b. Creativity and problem solving ability. c. Ability of the Consultant team to demonstrate initiative, motivation, and knowledge as an indication of their desire to work with the City of Dubuque. d. Ability to demonstrate knowledge of the City of Dubuque. e. Integrity and compliance with public policy. f. Familiarity with EPA and State and Federal regulations. 4. Proposed schedule required to complete project. CONSULTANT SHORT -LIST EVALUATION CRITERIA A selection committee may choose to interview none, 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 are among those that will be used to evaluate the Consultants on the short -list. 1. A high level of professional competence: a. Qualifications and experience of the Consultant and any sub - consultants. b. Demonstration of the project teams and technical abilities. c. If a joint venture with sub - consultants, the track records of the Consultants experience working together. d. Experience of the Consultant working on municipal projects. e. Experience of the Consultant working on municipal projects in Iowa. f. Overall success of past projects completed for the City of Dubuque g. References. Page 14 of 24 2. Quality and completeness of the written proposal. The proposal should clearly demonstrate understanding of the City's overall objectives for the Dubuque Brownfields Assessment Cooperative Agreement Project. 3. Design approach /methodology in completing scope of services such as: a. Grasp of project requirements and level of interest in the project. b. Creativity and problem solving ability. c. Ability of the Consultant team to demonstrate initiative, motivation and knowledge as an indication of their desire to work with the City of Dubuque. d. Ability to demonstrate knowledge of the City of Dubuque. e. Integrity and compliance with public policy. f. Familiarity with EPA and State and Federal regulations. 4. Responsiveness and compatibility between the Consultant and City: a. General attitude and ability to communicate. b. Ability 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 ideas or concepts. d. How the Consultant team interacts with the general public, City staff, and public officials. 5. Proposed schedule required to complete project. a. Ability to complete project on time and within budget. 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 awarding a contract to the highest ranked Consultant. The Selection Committee will also request authority to negotiate with the recommended Consultant a final scope of work and fee structure for the project. 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 proposer. Otherwise, negotiations with the proposer 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 be paid once monthly. Page 15 of 24 Dubuque Brownfields Assessment Cooperative Agreement Project City of Dubuque, Iowa Consultant Professional Services Request for Qualifications August 19, 2013 Appendix B RFQ Rules and Protest Procedure Page 16 of 24 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 Any prospective Proposer who disputes the reasonableness or appropriateness of any item within this RFQ document, any addendum to this RFQ document, notice of award or notice of rejection shall set forth the specific reason and facts concerning the dispute, in writing, within five (5) business days of the receipt of the proposal document or notification from the City. The written dispute shall be sent via certified mail or delivered in person to the point of contact set forth in Section 7.0, who shall review the written dispute and work with the City Manager to render a decision which shall be considered final. Page 17 of 24 Dubuque Brownfields Assessment Cooperative Agreement Project City of Dubuque, Iowa Consultant Professional Services Request for Qualifications August 19, 2013 Appendix C City of Dubuque Contract Terms and Conditions Page 18 of 24 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. 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, its officers, agents, and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the 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 Page 19 of 24 shall do such revisions without expense to the City, even though final payment may have been received. The Consultant must give immediate attention to these changes so there will be a minimum of delay during construction. The above and foregoing is not to be constructed as a limitation of the City's right to seek recovery of damages for negligence on the part of the Consultant herein. 8. OWNERSHIP OF ENGINEERING DOCUMENTS. All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the City and shall be delivered to the Project Manager upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitations on their future use by the City, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant for the specific purpose intended will be the City's sole risk and without liability or legal exposure to the Consultant. The City acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the City upon completion of the services and payment in full of all moneys due to the Consultant. The City and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Attachment _ of the contract. Any change to these specifications by either the City or the Consultant is subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD software specifications shall be compensated for as Additional Services. The City is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. The City may reuse or make modifications to the plans and specifications, or electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the plans and specifications. 9. SUBLETTING, ASSIGNMENT OR TRANSFER. Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is prohibited unless written consent is obtained from the Engineer and approved by the City. Page 20 of 24 Dubuque Brownfields Assessment Cooperative Agreement Project City of Dubuque, Iowa Consultant Professional Services Request for Qualifications August 19, 2013 Appendix D Insurance Requirements Page 21 of 24 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. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Project # or Lease of premises at or construction of 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. 9. Whenever an ISO form is referenced the current edition of the form must be used. Page 22 of 24 Insurance Schedule C (continued) Exhibit 1 A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products - Completed Operations Aggregate Limit$1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 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 an endorsement that deletes any fellow employee exclusion. f) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2026. B) AUTOMOBILE LIABILITY $1,000,000 (Combined Single Limit) C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85 as amended. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee- Disease $100,000 Policy Limit - Disease $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 $1,000,000 Umbrella liability coverage must be at least following form with the underlying policies included herein. E) PROFESSIONAL LIABILITY $1,000,000 Page 23 of 24 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. Page 24 of 24