Request for Proposal - Arts and Culture Master Plan Copyright 2014
City of Dubuque Action Items # 3.
ITEM TITLE: Request for Proposal - Arts and Culture Master Plan
SUMMARY: City Manager recommending City approval to distribute a Request for
Proposal for the Arts and Cultural Master Plan Consultant and
authorization for the City Manager to negotiate an agreement with the
recommended consultant for presentation to the City Council.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Arts and Culture Master Plan Consultant RFP-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Arts and Culture Master Plan Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Arts and Culture Master Plan
Design and Construction Administration Request for Proposal
DATE: November 25, 2014
Economic Development Director Maurice Jones recommends City Council approval to
distribute a Request for Proposal for the Arts and Cultural Master Plan Consultant and
authorization for the City Manager to negotiate an agreement with the recommended
consultant for presentation to the City Council. The City of Dubuque Arts and Cultural
Affairs Advisory Commission has reviewed and provided input into development of the
RFP and has voted in support to its distribution.
The scope of services described in the RFP requires the selected consultant to facilitate
the development of an Arts and Culture Master Plan. The Master Plan will guide the City
on how to direct resources and ensure arts and culture is an integral part of the
Dubuque community in the future. The Master Plan will reflect the community's desire to
utilize arts and culture to enhance the sense of community; contribute to economic
vitality; create and support an environment where art and culture thrive; and enrich the
community culturally, aesthetically, educationally and economically.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Megan Starr, Economic Development Coordinator
Dubuque Economic Development Department
THE CITY OF 50 West 13th Street
All-AmericaCity Dubuque,Iowa 52001-4864
DUB36kE1 I Office(563)589-4393
TTY(563)690-6678
http://www.cityofdubuque.org
Masterpiece on the Mississippi 200.2012.2013
TO: Michael C.Van Milligen, City Manager
FROM: Maurice Jones, Economic Director
SUBJECT: Arts and Culture Master Plan
Design and Construction Administration Request for Proposal
DATE: November 25, 2014
INTRODUCTION
The purpose of this memorandum is to request permission to distribute a Request for Proposal (RFP) for
the Arts and Cultural Master Plan
DISCUSSION
Since 2009, the Commission has discussed the need for a comprehensive City master plan,
including a public art plan. Since then, the commission has reviewed countless plans from other
communities. Plans such as these require buy in and support from many City departments,the arts
community,the business sector and the community at large.They usually create and identify funding
streams for art programs, define policies and protocols for the commission of public art, the
acceptances of gifts of art to the City, the purchase of public art, and the identification of public art
sites.
The scope of services described in the RFP requires the selected consultant to facilitate the
development of an Arts and Culture Master Plan. The Master Plan will guide the City on how to
direct resources and ensure arts and culture is an integral part of the Dubuque community in the
future. The Master Plan will reflect the community's desire to utilize arts and culture to enhance the
sense of community; contribute to economic vitality; create and support an environment where art
and culture thrive; and enrich the community culturally, aesthetically, educationally and
economically.
The schedule for the RFP distribution and consultant selection is as follows:
RFP Release to Public December 5, 2014
Response Due Date January 5, 2015
Recommendation to City Manager February 9, 2015
Recommendation to City Council February 16, 2014
RECOMMENDATION
The City of Dubuque Arts and Cultural Affairs Advisory Commission has reviewed and provided input
into development of the RFP and has voted in support to its distribution. It is recommended that the
City distribute the attached RFP and solicit proposals from qualified consultants to provide architectural
design and construction administration services for the project.
BUDGETIMPACT
The work will be funded from the 2014 CIP for$50,000.00 for the hiring of a consultant to create the
Arts and Culture Master Plan.
ACTION STEP
I respectfully request authorization to release the Request for Proposal for the Arts and Culture Master
Plan Consultant and the City Manager be authorized to negotiate an agreement with the recommended
consultant for presentation to the City Council.
cc: Arts and Cultural Affairs Commission
Dubuque City Manager's Office
THE CITY OF City Hall
50 West 13th Street
DT 7� NldueericaCky Dubuque,IA 52001-4805
U Office (563)589-4110
Fax(563)589-4149
Masterpiece OR the Mlsslssippi 207.2012.2013 TTY(563)690-6678
ctymgr@cityofdubuque.org
www.cityofdubuque.org
City of Dubuque, Iowa
December 5, 2014
REQUEST FOR PROPOSALS
Arts and Culture Master Plan
DUBUQUE , IOWA
! _ _
CITY OF DUBUQUE
ECONOMIC DEVELOPMENT DEPARTMENT
December 5, 2014
RFP ORGANIZATION
Table of Contents :
Section Page
1 .0 1 ntrod uctio n............................................................................................................ 3
2.0 Community Background... ... ......... ... ... ... ... ... ....... ... ... ... ... ... ... ... ... ......3
3.0 Sustainable Dubuque... ... ... ... ... ... .... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .....3
4.0 Objectives and Scope.......................................................................................... 4
5.0 Schedule ................................................................................................................ 6
6.0 Proposal Submittal Information.......................................................................... 7
7.0 City Resources ..................................................................................................... 9
8.0 Questions regarding the RFP............................................................................. 9
9.0 Proposal Requirements.....................................................................................10
10.0 Appendices..........................................................................................................12
Page 2 of 25
THE CITY of
ART AND CULTURE MASTER DUB E
PLAN RFP
CITY OF DUBUQUE,IOWA
Masterpiece on the Mississippi
Request for Proposal
December 5, 2014
1.0 INTRODUCTION
The City of Dubuque (City) is soliciting proposals from qualified Firms, with specific
experience in community arts and culture, to facilitate the development of an Arts and
Culture Master Plan. The Master Plan will guide the City on how to direct resources and
ensure arts and culture is an integral part of the Dubuque community in the future. The
Master Plan will reflect the community's desire to utilize arts and culture to enhance the
sense of community; contribute to economic vitality; create and support an environment
where art and culture thrive; and enrich the community culturally, aesthetically,
educationally and economically.
2.0 COMMUNITY BACKGROUND
The City of Dubuque is located on the Mississippi River in northeastern Iowa, adjacent
to Illinois and Wisconsin. As Iowa's oldest city, Dubuque is a community well known for
its historic and architectural beauty. The City is approximately 30 square miles in area,
with a population of nearly 60,000 persons. The City's annual operating and capital
budget is over $181 million and funds a full range of municipal services. The City's web
site is www.cityofdubugue.org.
The City of Dubuque is governed by an elected Mayor and City Council and managed
by a City Manager. The City funds a full range of municipal services. City government
works in collaboration with private and non-profit sectors to promote economic
development and sustainability. Sustainability and downtown, neighborhood, and
riverfront planning and revitalization are long-standing priorities of the City Council. The
City's web site is www.cityofdubugue.org. The City Council's Goals and Priorities are
available online at http://www.citVofdubuque.orq/councilgoals.
3.0 SUSTAINABLE DUBUQUE
Sustainability is defined by a community's ability to meet the environmental, economic,
and social equity needs of today without reducing the ability of future generations to
Page 3 of 25
meet their needs. Sustainable Dubuque is a holistic approach to making our community
sustainable. Our model involves a three-part approach that address:
• Environmental and Ecological Integrity
• Economic Prosperity
• Social and Cultural Vibrancy
Each of these pieces is important individually and helps contribute to a sustainable
community that is viable, livable, and equitable.
In 2006 and every year since, the Mayor and City Council identified becoming a more
Sustainable City as one of their top priorities for our community. Implementation of a
community-defined sustainability plan is among the top Council priorities of this year,
and each of this year's priorities incorporate one of the parts of Dubuque's model of
sustainability. Find out more at the www.sustainabledubuque.org website.
4.0 OBJECTIVES AND SCOPE
The nonprofit arts and culture industry in Dubuque generates $47.2 million in annual
economic activity in the City of Dubuque, supporting 1 ,530 full-time equivalent jobs and
generating $5 million in local and state government revenues and $36.7 million in
household income to local residents, according to the Arts & Economic Prosperity IV
National Economic Impact Study.
The most comprehensive economic impact study of the nonprofit arts and culture
industry ever conducted in the United States, Arts & Economic Prosperity IV was
conducted by Americans for the Arts, and the nation's leading nonprofit organization for
advancing the arts and arts education. The City of Dubuque was one of 182 study
regions that participated in the study.
Currently the City of Dubuque does not have an Arts and Cultural Master Plan so this
initial plan would identify a vision and future direction for art and cultural activities in
Dubuque, and establish goals and action steps to implement this vision.
4.1 SCOPE OF WORK
• Develop an implementation plan that will provide strategies, policies, procedures
and resources needed to ensure that Master Plan goals are met (for City and
potentially other entities to implement).
• Develops action steps for public art and performing art that are achievable within
3-5 years as well as long-term initiatives.
• Development of the plan will include stakeholder consultation and public
feedback
• Identifies potential funding sources including but not limited to the care and
creation of public art and performing art.
• Assess current public art collection to identify strengths and weaknesses, leading
to recommendation to guide future policies
Page 4 of 25
• Develop process for determining public art in public locations
• Assessment of community needs and resources related to arts & culture
• Goal setting and plan development for the following potential topic areas:
o funding and sustainability
o cultural facilities
0 organizational development and technical assistance
o support for artists
o community/neighborhood arts development
o marketing/audience development
o arts education
o promoting cultural and ethnic diversity
o public art
o cultural tourism
0 opportunities for the development of a "creative industry' cluster in
Dubuque
4.2 PROPOSED BUDGET & ADDITIONAL SERVICES
4.3 DOCUMENT FORMAT
4.4 PUBLIC MEETINGS AND PRESENTATIONS
• The consultant will be responsible for preparing the updates. Additionally, the
consultant will be responsible for presentation of the Arts and Cultural Master
Plan to the City Manager, Mayor, the Arts Commission and City Council.
• The consultant will take a lead role in all public meetings and hearings. The
consultant should expect that City staff to be available in a supporting role during
this period.
4.5 THE CITY'S ROLE
The City of Dubuque's Arts and Cultural Advisory Commission and city staff will play an
active role in the management and execution of the Arts & Culture Master Plan
development. City staff with input from the commission will work with the consultant in
preparing the Arts & Cultural Master Plan for presentation to the City Council. Staff will
be the liaison between the consultant and the arts commission. Staff will work with the
documents long after their preparation and adoption and therefore must have a high
level of familiarity and understanding.
Specific aspects of City staffs involvement in the Arts and Cultural Master Plan that
should be recognized in proposals are as follows:
City staff intends to work closely with the consultant in the preparation of the Arts
and Cultural Master Plan to ensure that the consultant is provided with a constant
source of City input and that the document evolves based upon the public
meetings and City Council policies. The consultant should include time for
meetings and work sessions with City staff and priorities.
Page 5 of 25
4.6 REVIEW OF DRAFT PRODUCTS
As discussed in this RFP, the City of Dubuque has high expectations regarding the
quality of the work that will be produced by the consultant team. As the consultant is
ready to submit the first full draft to the City, the following review process should be
anticipated:
• Consultant submits a draft.
• City staff reviews the draft and provides a consolidated set of comments.
• Consultant revises the draft and resubmits it as a second administrative draft.
• City staff and Arts & Cultural Affairs Commission review the second draft to
ensure that all comments have been adequately addressed.
• If all comments have been addressed, consultant will submit the product as a
"draft".
• If all comments have not been addressed, the consultant will be required to refine
and submit a third draft. This process will continue until all of the Arts & Cultural
Affairs Commission's comments have been adequately addressed.
5.0 SCHEDULE
5.1 DUE DATE
Responses to this RFP due on or before January 5, 2015 at 2:00 PM
Anticipated contract award: February 20, 2015
5.2 REVIEW AND EVALUATION OF PROPOSALS AND INTERVIEWS:
January 15- February 2, 2015
5.3 CONSULTANT SELECTION ANNOUNCED:
February 17, 2015
5.4 CONSULTANT CONTRACT
February 20, 2015
5.5 PRELIMINARY FINDINGS REPORT
April 20, 2015
Page 6 of 25
5.6 MASTER PLAN FINAL REPORT
August 20, 2015
6.0 PROPOSAL SUBMITTAL INFORMATION
The submitted proposal should address all aspects of the required work discussed in
this RFP
The proposal should be prepared simply and economically, providing a straight-forward,
concise description of the consultant's capabilities and experience to satisfy the
requirements of the RFP.
To simplify the review process and to obtain the maximum degree of comparability, the
proposal shall include the following information and shall be organized in the manner
specified below. While additional data may be presented, the following subjects must
be included. They represent the criteria against which the proposal will be evaluated.
1 . Letter of Transmittal - Provide a letter of transmittal briefly outlining the
Proposer's understanding of the work and list the project manager's name,
address, telephone number, fax number, and e-mail address. The name that is
provided for the project manager will be used as the primary contact during this
RFP process.
2. Index - Each proposal shall contain a table of contents that delineates
each section contained in the proposal and the corresponding page number.
3. Profile of Firm - Provide general background information about the firm
and its areas of expertise related to this RFP. Provide the names of, and include
information about, the key project team members. Key project team members
are:
• The project manager or lead;
• Other key team members and their roles; and
• Any subcontractors.
Information must include areas of expertise that will be utilized on the project.
Include a flow chart that shows the communication path between the City and
key project team members. Include all project team members on the flow chart
and show the supervisory relationship between all members of the team.
4. Proposed Prosect Team Qualifications - Describe the experience and
success of the firm and key personnel and subcontractors working on similar
projects along with their experience and relationship in the below key areas:
Page 7 of 25
• Ability to facilitate community meetings to gather input and build
relationships
• Ability to create a vision and turn that vision into a strategic, step-by-step
plan
• Understanding of the challenges of non-profit arts organizations and
volunteer boards
• Ability to gather and evaluate qualitative data and effectively communicate
with laypersons
• Ability to meet all aspect of the scope outline in 4.0
• Demonstrated experience in completing projects on time and within
budget
• Cost of the consultant's services. While cost is a consideration of the
evaluation, the City is primarily interested in the qualifications of the
consultants. The City is not required to select the proposal with the lowest
cost.
• Previous experience in developing strategic plans for communities and
municipalities.
• References
• Case Studies
5. Prosect Understanding —
A primary task of the successful consultant will be to engage community
stakeholders. A description and/or examples of: experience developing
successful arts and culture plans, community outreach or other examples of
similar work; working with internal and external stakeholders in a collaborative
manner; knowledge of arts and culture trends and resources including but not
limited to non-profit arts & culture organizations and non-profits, and experience
developing and working within a public process.
7. Certificate of Insurance - The selected firm will be required to meet the
City's insurance requirements for professional services (Insurance Schedule C -
Appendix C) at the time of contract negotiations if selected.
8. Sustainable Dubuque Initiatives - In 2006, the Mayor and City Council
identified Sustainability and Green City designation as a top priority. Since then,
the City has been working on numerous projects to help implement this priority
as listed on the website (http://www.sustainabledubuque.orq). The selected firm
shall follow the Vision Statement and twelve (12) sustainable principles on this
City of Dubuque project.
10. Fees and Compensation
A. Provide a fee schedule for services as described in Section 4
B. Provide a Not-to-Exceed fee to complete the scope of work in
section 4 as described in this RFP.
Page 8 of 25
C. Quotation of fees and compensation shall remain firm for a period
of at least sixty (60) days from the RFP submission deadline.
Contact information is as follows:
Maurice Jones
City of Dubuque
Economic Development Department
50 West 13th Street
Dubuque, IA 52001
Phone (563) 589-4393
Fax: (563) 589
E-mail: MJones@cityofdubuque.org
7.0 CITY RESOURCES
All information requests shall be directed to the City's representative as detailed in
Section 6.0 of this RFP.
The City will make Dubuque Area Geographical Information System (DAGIS) data
including contours, property lines, property ownership, public utility systems and aerial
photography available for this project as well as staff contact/resources persons in the
Information Services Department and Economic Development Department.
Arts and Economic Prosperity IV in the City of Dubuque (.pdf)- Appendix E
Existing documentation will be available for download, from the City's .ftp site, upon
receipt of the Proposal Acknowledgement form.
8.0 QUESTIONS REGARDING THE RFP
If you have any questions concerning this proposal, or other technical questions, please
submit your requests to the City's designated representative. The City has used
considerable efforts to ensure an accurate representation of information in this RFP.
Each Proposer must conduct its own investigations into the material facts provided.
No answers given in response to questions submitted shall be binding upon this RFP
unless released in writing (letter, fax, or email) as an officially numbered and titled
addendum to the RFP by the City of Dubuque.
Any questions concerning this RFP must be received on or before 2:00 p.m. (Local
time) on January 2, 2015. Any inquiries received after this date will not be answered.
When submitting a question to the City's representative, please include the appropriate
Consultant contact information.
Page 9 of 25
From the date of issuance of the RFP until final City action, the Arts & Cultural Affairs
Commission members shall not discuss the RFP with or contact any other City of
Dubuque staff, except as expressly authorized by the City representative identified in
Section 6.0 of this RFP. Violation of this restriction will be considered a violation of the
rules and be grounds for disqualification of the Proposer's proposal.
9.0 PROPOSAL REQUIREMENTS
Before submitting a proposal, each Proposer 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 Proposerwill rely.
PROPOSAL SUBMITTAL INFORMATION
• Submittal Deadline: January 5, 2015 on or before 2:00 p.m. (Central
Standard Time)
• Mailing Address: City of Dubuque
Economic Development Department
c/o Maurice Jones
50 West 13th Street
Dubuque, Iowa 52001-4864
• Submittals: Proposal: Six (6) hardcopies and one electronic (.pdf) copy shall
be provided.
• Fees: Six(6) hardcopiesand one (.pdf) copy shall be provided
✓ Submit Fees Under Separate Cover
✓ Submit one (1) signed original proposal labeled Arts Master Plan Consultant
✓ Submitted proposals must be in delivered in printed format. Additionally, supply
one (1) electronic version of the proposal in Adobe Acrobat format. No faxed or
e-mail proposals will be accepted.
✓ The proposal must be a document of not more than twenty (20) numbered 8 Y2 x
11 inch pages, not including the letter of transmittal, index, project schedule,
dividers, and the front and back covers. Any proposals exceeding twenty (20)
numbered pages may not be considered.
✓ The original proposal document must be signed in blue ink by an officer of the
company who is authorized to legally bind the Proposer.
✓ Proposals are to contain a statement indicating the period during which the
proposal will remain valid. A period of not less than sixty (60) calendar days from
the proposal closing date is required.
Each Proposer 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
Page 10 of 25
City of Dubuque will not be responsible for any loss or delay with respect to delivery of
the proposals.
The City of Dubuque is not liable for any cost incurred by any Proposer prior to the
execution of an agreement or contract. Nor shall the City of Dubuque be liable for any
costs incurred by the firms in responding to this RFP and those not specified in any
contract. All results from this project will remain the property of the City of Dubuque.
Page 11 of 25
THE CITY OF
ART AND CULTURE MASTER
PLAN RFP DUB E
CITY OF DUBUQUE, IOWA Masterpiece on the Mississippi
Request for Proposal
December 5, 2014
Appendix A
Consultant Evaluation and Selection Process
Page 12 of 25
INITIAL EVALUATION CRITERIA
Proposals will be screened to ensure that they meet the minimum requirements of the
proposal format. A selection committee of City of Dubuque personnel will review
qualifying proposals and select firms for placement on a short-list for the project. The
following criteria are among those that will be used to initially evaluate submitted
proposals.
1 . The proposed project team's level of professional competence and a
proven track record in:
• Advising and/or developing municipalities on developing Arts and
Cultural master Plans;
• Ability to facilitate community meetings and community
engagement to gather input and build relationships
• Ability to create a vision and turn that vision into a strategic step by
step plan
• Understanding of the challenges of non-profit arts organizations
and volunteer boards
• Ability to gather and evaluate qualitative and quantitative data and
effectively communicate with laypersons
• Demonstrated experience in completing projects on time and
within budget
2. The proposed project teams' experience working together on similar
projects.
3. The quality of the proposal based on the:
❑ Demonstrated understanding of the City's overall objectives;
❑ Demonstrated expertise in completing similar projects;
❑ Knowledge ofthe community;
❑ Ability to commit personnel to this project;
❑ Level of interest;
Page 13 of 25
❑ Proposed schedule;
❑ Creativity and problem solving ability;
❑ Ability to demonstrate initiative and motivation; and
❑ Local economic impact.
CONSULTANT SHORT-LIST EVALUATION CRITERIA
A selection committee may or may not interview short-listed firms. If interviews are
held, both the original submitted proposal and the results of interviews may be used to
evaluate consultants. In addition to the evaluation criteria listed above, interviews will be
judged on:
• Responsiveness and compatibility with the City;
• General attitude and ability to communicate;
• Ability to communicate ideas through prepared documents and presentations;
• Ability to listen, be flexible, and follow and/or implement direction and/or ideas or
co nce pts;
• How the team would interact with the general public, City staff, and public
officials; and
• Proposed fee in relationship to the services offered.
Should the City conduct interviews, they will be conducted in a condensed format in an
effort to save time and costs associated with interview preparations. The format will
consist of two (2) fifteen (15) minutes segments. The first segment will be for the
consultant to:
• make introductions of the team;
• describe the consultants understanding of the project; and
• discuss the consultant's proposed schedule.
The second segment of the interview will be for the committee members to ask
questions of the consultant. The consultant may bring one (1) display board for use
during the interview. No power point presentations or handouts will be allowed.
Should the City conduct interviews, they will take place between January 19, 2015 and
February 2, 2015 with the intent of making a recommendation to the City Manager on
February 16, 2015
Page 14 of 25
The City may also review direct and indirect references of previous work experience.
The City may request additional material, information, and presentations from the
Proposer(s) submitting the proposals.
SELECTED VENDOR FEE NEGOTIATION PROCESS
Upon the successful completion of proposal reviews and interviews, if conducted, the
committee shall recommend the selection to the City Manager. The City Manager may
in turn make a recommendation to the City Council. A finalized scope of work and fee
structure shall be directly negotiated with the firm that is selected by the Dubuque City
Council.
After the City Council grants authority to negotiate a final scope of work and execute a
contract for the project, the Proposer shall prepare and submit to the City a separate
Work Breakdown Structure (WBS) to reflect the firm's approach to the project. The
City's WBS — Vertical form shall be used by the Consultant. The WBS, at a minimum,
should include work tasks for each of the components outlined in the RFP, a separate
line item for each deliverable, and the WBS should include project management as a
separate task. Each major task/scope element of the WBS shall have a defined cost
and schedule. The Proposer shall indicate in the WBS the work tasks that will be
completed by City staff.
Once the selected Proposer has prepared the WBS, the final scope of work for the
project will be negotiated with the City by joint revision to the WBS in order to best meet
the goals of the project while considering available funding. During the negotiation
process, tasks to be completed by City staff, work reassignment to different project
team members, and addition or elimination of tasks may be modified on the WBS in
order to achieve the best overall results for project. The selected Proposer shall be
responsible for preparing and revising the final WBS. When the final scope has been
determined and a design fee has been negotiated and the WBS has been finalized, the
Proposer shall incorporate the WBS into the contract documents being prepared for
signature. The Proposer shall also include in the final contract documents, the
language contained in Appendix D - City of Dubuque Contract Terms and Conditions.
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/Consultant.
Otherwise, negotiations with the Proposer ranked first shall be formally terminated and
negotiations commenced with the Proposer ranked second, and so on until a contract
can be negotiated that is acceptable to the City.
Page 15 of 25
THE CITY OF
ART AND CULTURE MASTER DUB E
PLAN RFP
CITY OF DUBUQUE, IOWA Masterpiece on the Mississippi
Request for Proposal
December 5, 2014
Appendix B
RFP Rules and Protest Procedure
Page 16 of 25
MINOR IRREGULARITIES
The City reserves the right to waive minor irregularities in submitted proposals, provided
such action is in the best interest of the City. Minor irregularities are defined as those
that have no adverse effect on the City's best interests, and will not affect the outcome
of the selection process by giving one Proposer an advantage or benefit not enjoyed by
other Proposers.
EXCEPTIONS
Proposer exceptions to any part of the requirements stated in this request must be
clearly identified as exceptions and noted in the transmittal letter and in the submitted
budget.
RANKING OF THE PROPOSALS
No debriefings or scoring information shall be released before the City Manager has
recommended that a contract be negotiated with the recommended firm. However, after
said authorization has been given, all contents of the selected proposal shall become
public information.
DEFINITIONS
The City has established for the purposes of this RFP that the words "shall", "must", or
"will" are equivalent in this RFP and indicate a mandatory requirement or condition, the
material deviation from which shall not be waived by the City. A deviation is material if,
in the City's sole discretion, the deficient response in not in substantial accord with this
RFP's mandatory conditions requirements.
The words "should" or "may' are equivalent in this RFP and indicate very desirable
conditions, or requirements but are permissive in nature. Deviation from, or omission
of, such a desirable condition or requirement will not in and of itself cause automatic
rejection of a proposal, but may result in being considered as not in the best interest of
the City.
DISPUTES/EXCEPTIONS
Any prospective Proposer who disputes the reasonableness or appropriateness of any
item within this RFP document, any addendum to this RFP 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. The written dispute shall be sent via certified mail or delivered in person to
the point of contract 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 25
THE CITY OF
ART AND CULTURE MASTER
PLAN RFP DUB E
CITY OF DUBUQUE, IOWA
Masterpiece on the Mississippi
Request for Proposal
December 5, 2014
Appendix C
Insurance Requirements
Page 18 of 25
Insurance Schedule C
1. 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 seMce 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 19 of 25
Insurance Schedule C (continued)
Exhibit I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit$1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
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 $
Page 20 of 25
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 Coveraqe. 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 21 of 25
THE CITY OF
ART AND CULTURE MASTER DUB E
PLAN RFP
CITY OF DUBUQUE, IOWA Masterpiece on the Mississippi
Request for Proposal
December 5, 2014
Appendix D
City of Dubuque Contract Terms and Conditions
Page 22 of 25
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 may 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 (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's 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. 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
will do such revisions without expense to the City, even though final payment may have
been received. The Consultant must give immediate attention to these changes so
there will be a minimum of delay during construction. The above and foregoing is not to
be constructed as a limitation of the City's right to seek recovery of damages for
negligence on the part of the Consultant herein.
Page 23 of 25
7. OWNERSHIP OF DOCUMENTS.
All sketches, tracings, plans, specifications, reports on special studies and other data
prepared under this Agreement will become the property of the City and must be
delivered to the Project Manager upon completion of the plans or termination of the
services of the Consultant. There must 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 will 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 will
conform to the specifications listed in 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 will 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 will
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.
8. 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 Director of
Economic Development and approved by the City.
Page 24 of 25
THE CITY OF
ART AND CULTURE MASTER DUBtFE
PLAN RFP Masterpiece on the Mississippi
CITY OF DUBUQUE, IOWA
Request for Proposal
December 5, 2014
Project Data:
Arts and Economic Prosperity IV in the City of Dubuque (.pdf)
Page 25 of 25