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Request for Qualifications - Transit Bus Storage Facility Copyright 2014 City of Dubuque Consent Items # 25. ITEM TITLE: Request for Qualifications - Transit Bus Storage Facility SUMMARY: City Manager recommending approval to release a Request for Qualifications to solicit consultant interest in Design Development Construction Documents, and Construction Administration Services for the Transit Bus Storage Facility. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ❑ Transit Bus Storage Facility RFQ-MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ RFQ_Bus Storage Facility Supporting Documentation ❑ Feasibility Study 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: Transit Bus Storage Facility Request for Qualifications (RFQ) for Design Development, Construction Documents and Construction Administration (CIP 6002446; 3602446) DATE: September 3, 2015 Director of Transit Operations Candace Eudaley requests City Council approval to release a Request for Qualifications to solicit consultant interest in Design Development Construction Documents, and Construction Administration Services for the Transit Bus Storage Facility. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Candace Eudaley, Director of Transit Operations Maurice Jones, Economic Development Director THE CDubuque DUUL TE All-America City Masterpiece on the Mississippi 2012 TO: Michael C. Van Milligen, City Manager FROM: Candace Eudaley, Director of Transit Operations DATE: September 1, 2015 RE: Transit Bus Storage Facility Request for Qualifications (RFQ) for Design Development, Construction Documents and Construction Administration (CIP 6002446; 3602446) INTRODUCTION The purpose of this memo is to request approval to release an RFQ to solicit consultant interest in Design Development, Construction Documents, and Construction Administration Services for the Transit Bus Storage Facility. BACKGROUND The Bus Storage Facility is the third component of the Intermodal Campus funded by a Federal Transit Administration State of Good Repair Grant, received in October 2011. The first and second components are located in the in the Historic Millwork District and are nearing completion. The Intermodal Terminal serves as the downtown transfer location and connection to Burlington Trailways and Lamers in Dubuque and the three-level parking facility with 92 spaces dedicated for commuters and daily users to park and ride the bus are now open to the public. The Bus Storage Facility will serve as the new operations center for the Jule, replacing its current aging facility and reusing an existing city-owned site, the former public works garage, located on Kerper Blvd. Preliminary design and cost estimates were completed by IIW Engineers and Surveyors and Conlon Construction in July 2014. DISCUSSION The new location will replace the existing facility which has inadequate and unsafe access, structural deficiencies; aging and inefficient heating and cooling systems; inadequate storage space for the fleet; and doors that are not of a sufficient height for entry and exit of all vehicle types. The project will include a classroom-style training center, CDL training course, indoor vehicle storage, parts storage, IT component storage, dispatch center and space for future expansion and/or leasing. The attached RFQ seeks a consultant to take the work already completed by IIW Engineers & Surveyors to complete Design Development, Construction Documents, and provide Construction Administration for the Dubuque Bus Storage Facility. Proposals are due October 6, 2015. A seven-member committee made up of the following city staff members will review and rank the proposals, interview a shirt-list of candidates and provide a recommendation to the City Council at the November 2, 2015 meeting: City Manager's Office/Budget: Alexis Steger ECIA/MPO: Chandra Ravada Economic Development: Maurice Jones Engineering: Steve Brown Planning: Wally Wernimont Transit: Candace Eudaley-Loebach and Jodi Johnson As the project has Federal Funding, cost proposals cannot be part of the evaluation/selection process. The consultant must be ranked based on professional competence, proven track record in the preparation of bus storage facilities or similar, qualifications and experience of the Consultant and any sub consultants, design approach/methodology in completing scope of services, proposed schedule required to complete project, quality and completeness of the written proposal. The proposal should clearly demonstrate understanding of the City's overall objectives for the bus storage facility. PROJECT SCHEDULE The schedule for the project has been approved by the Federal Transit Administration (FTA) and is as follows: Solicit Consultants via RFQ September 9, 2015 RFQ Proposals Due October 6, 2015 RFQ Process Short List Determined, Interviews Scheduled October 19, 2015 Request to Negotiate Contract November 2, 2015 Contract Signed November 12, 2015 Final Design Complete June 2016 Initiate Public Bidding Process August/September 2016 Publish Notice to Bidders, Advertise for Bids August/September 2016 Construction Publish Public Hearing Notice: Plans & Specs August/September 2016 Bidding Process Public Hearing on Plans & Specs September/October 2016 Receipt of Bid Proposals (Bid-Letting) October 2016 Award Construction Contract November 2016 Construction Begin Construction Spring 2016 Project Completion Date Spring 2017 BUDGETIMPACT The estimate of probable cost for the Bus Storage Facility is as follows: Estimate Construction Contract $ 4,721,006.00 Contingency (15%) $771,194.00 Equipment Purchase $412,000.00 Design, Management $420,291.00 Total Project Cost 56.324.491.00 2 The project funding summary is as follows: CIP No. Fund Description Fund Amount 6002446 Public Transit Infrastructure Grant $600,000.00 Public Transit Infrastructure Grant (Submit Application FY16) $591,007.00 6002446 State of Good Repair Grant $1,148,107.00 6002446 DMATS STP Allocation $2,858,827.00 Local Match (GD TIF) $1,399,550.00 Total Project Funding 6.324.491.00 Should the PTIG funding not be received, additional funds are available from DMATS. On February 12, 2015, The DMATS Policy Committee passed Resolution 2015-02 stating the DMATS will provide 80% of the shortfall in FY16 in the event that the City is not able to secure Iowa DOT PTIG funding. The City will cover the required 20% match for either the PTIG or DMATS funding. RECOMMENDATION I recommend release of the Transit Bus Storage Facility Request for Proposals (RFQ) for Design Development, Construction Documents and Construction Administration. cc: Jenny Larson, Budget Director Maurice Jones, Economic Development Director 3 REQUEST FOR QUALIFICATIONS (RFQ) THE CITY OF ISSUE DATE: September 9, 2015 DuB � CONTACT: Candace Eudaley-Loebach PHONE NO: 563-589-4341 EMAIL: ceudaleyltr�cityofdubugue.org Masterpiece on the Mississippi SUBMIT PROPOSAL/OFFER PRIOR TO: SUBMIT TO: CLOSING DATE: October 6, 2015 SEE Section 8.0 CLOSING TIME: 2:00 P.M. (local time) FAX/EMAIL NOT ACCEPTED DESCRIPTION: Dubuque Bus Storage Facility Funded by the Federal Transit Administration 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 RFP 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 72 CITY OF DUBUQUE -- `- REQUEST FOR QUALIFICATIONS Dubuque Bus Storage Facility Design, Engineering Services and Project Management City of Dubuque, Iowa September 9, 2015 Page 2 of 72 RFQ ORGANIZATION Dubuque Bus Storage Facility Design, Engineering Services and Project Management City of Dubuque, Iowa 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 6.0 Use of City Resources... ....... ........ ... ... ... ... ... ... ... ... ... ... .... 12 6.0 Information to be Included in the Proposal... ......... ... ... .... ... .. 13 7.0 Proposal Questions and Answers ... ... ... ... ... ... .... ... ... ...... 16 8.0 Submission Requirements... ... ... ........ ......... ... ... ... ... ... ... ... 16 9.0 Examination and Retention of Contractor's Records... ... ... .... 19 Appendix A Consultant Evaluation and Selection Process... ... ... ... ... ... ... 20 Appendix B RFQ Rules and Protest Procedure..... ... ... ... ... ... ... ... ... ... ... . 24 Appendix C City of Dubuque Contract Terms and Conditions... ... ... ... ..... 26 Appendix D Insurance Requirements... ... ... ......... ... ... ... ... ... ... ... ... ... ... . 30 Appendix E Supplements... ... ... ......... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 40 Appendix F Federal Certifications... ... ... ... ... ... ... ... ... ... ... ... ....... ... ... ... . 56 Appendix G Iowa Department of Transportation Bid Requirements... .... ... 65 Page 3 of 72 Dubuque Bus Storage Facility THE CITY oP Design, Engineering DUB E Services & Project Management City Of Dubuque, Iowa Masterpiece on the Mississippi Consultant Professional Services Request for Qualifications September 9, 2015 1.0 INTRODUCTION The City of Dubuque is seeking the services of a firm, partnership, joint venture or team for the design, engineering and construction administration for the construction of a bus storage facility in Dubuque, Iowa. Services shall include a topographic survey, civil engineering and storm drainage design, site planning & design, utilities, architectural and related engineering services including design development, preparation of construction drawings, specifications and bid documents, and project management services. The proposed facility should be designed to be environmentally sustainable and must be consistent with the approved documented categorical exclusion environmental documents approved by Federal Transit Administration (FTA). The project will be conducted in several phases. Phase I will include Site Analysis and Schematic Design. Phase II will include Design Development. Phase III will include Construction Documents. Phase IV and V will include Bid Assistance and Construction Administration. It is anticipated that the timeframe for Phase I, Phase II and Phase III elements will be seven months following the signing of a professional service agreement. The selected Consultant will be expected to complete the contracted scope of work within the specified timeframe, under the general direction and coordination of the City's Jule Transit Department as authorized by the City Council. 2.0 PROJECT OBJECTIVES The City of Dubuque has been planning for the construction of a Bus Storage Facility (BSF) for Jule Transit in Dubuque for several years. The BSF is envisioned to provide housing for The Jule's brand-new fleet 31 of clean diesel buses that were purchased with federal and state grant funds during 2011-2012, as well as reduce long term maintenance costs by replacing the existing 100 year old facility. The BSF will also provide options for future expansion; reduce deadhead travel and potential delays of the service. The BSF will be located on the East side of the Intermodal Campus at the site of the old City garage at 925 Kerper Blvd and will complement the services provided at the Intermodal Transportation Center. Page 4 of 72 The BSF must contain architectural aspects that enhance the overall aesthetics of the site, support the City's 12 sustainability goals and further contribute to the overall vitality of the area. A site feasibility study and environmental categorical exclusion have been completed. The space utilization will be laid out according to the results of the feasibility study. A key measurements for success of the project will be efficient use of space smooth traffic flow into and outside of the facility and adherence to the feasibility study while maintaining the project budget. The project will reuse the existing footprint and its underlying slab foundation of the existing building. The existing structural framework of the building will be removed to slab level and a new structure will be built on the existing slab. 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 $201 million and funds a full range of services. The City's web site is www.citvofdubuque.org. The community has a stable and diversified manufacturing base and a growing service sector. Dubuque is the major retail, medical, education and employment center for the tri-state area. Tourism continues to be a major economic force in the community. City government works in collaboration with the private sector to promote economic development. The job creation and unemployment numbers show that Dubuque is growing steadily in the current economic climate. Dubuque's construction numbers reveal an even more encouraging picture. The City has formed strong relationships with the local business community to promote continued economic growth and success. In 2006, the Mayor and City Council identified Sustainability and Green City designation as a top priority. Since then the city has been working to implement this priority, as listed on the www.sustainabledubuque.org website, on all projects. Dubuque's 12 Sustainable Principles should be applied to all aspects of the project. Dubuque's Reasonable Mobility principle supports mixed modes of transportation that include public 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 that must be provided for this project. The City of Dubuque is currently estimating the design and construction cost of the project as $6.2 million. The professional services sought in this request include comprehensive design of all project elements to the 100% design level, including site survey, schematic design, design development, and construction documents phases. Robust cost estimates at each of these phases is required. Other services include interior design, geotechnical engineering, environmental/contamination engineering, low voltage and information technology design, 3D renderings at each phase for review & comment, preparation of bid document package, and construction administration. Page 5 of 72 The City of Dubuque staff will be the prime contacts with EPA. Upon completion of a schematic design, the consultant will prepare and present to the a risk assessment and cost estimate of sufficient detail to the City to allow the City to determine the feasibility of accomplishing the project within reasonable risk parameters and existing financial limitations. Care is to be exercised to ensure the cost of construction does not exceed the budget. All associated costs must be met from within the current budget, including equipment, furnishings, fees and all permit related expenses. The consultant will prepare design drawings and specification submissions at the 60 percent, 90 percent, and 100 percent complete stages of design for review by an appropriate committee formed by the City, Iowa Department of Transportation (IADOT) and Federal Transit Administration Staff. Definitions for Schematic Design, Design Development, Construction Documents, Bidding Services, and Construction Phase Services shall follow the definitions outlined in AIA Document B101 . Sustainable design practices should be applied to all aspects of the project. In 2006, the Mayor and City Council identified Sustainability and Green City designation as a top priority. Since then, the city has been working to implement this priority as listed on the www.sustainabledubugue.org website on all projects. In preparing a response to this RFQ, the Consultant should describe the means or strategy by which they would satisfy the scope of services. The Consultant may choose to provide a second alternative or hybrid strategy that details what processes and outcomes would be used to make the project better. Respondents to this RFQ must address the following task list in their responses: Base Expectations 4.1 — Project Management & Accounting 4.1 (1) The Consultant shall identify one person to serve as the Project Manager (PM) for this project. The PM 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 PM's prime responsibilities is to track and facilitate solutions for any issues that may arise during the design and construction phases. Additionally, the PM shall serve as the primary point of contact for all exchange of information between the City and the Consultant. 4.1 (2) The PM shall maintain an updated, Work Breakdown Structure (WBS)/task outline for the duration of the design and construction phases. The WBS shall contain line items for all major deliverable components of the project and any significant subcomponents along with the budgeted amount of fee associated with each task listed. Project Management shall be listed as a separate task on the WBS. The Project Manager shall track on the WBS the amount of work accomplished on each task that is listed. Page 6 of 72 4.1 (3) The PM shall maintain an updated project schedule for the duration of the design phases based on the tasks listed in the WBS. 4.1 (4) The PM shall maintain an updated Total Project Cost (TPC) budget for the duration of the project. The TPC budget shall be completed using the best available information at the time of each periodic submittal in order to provide an estimated total cost for all components of the project. The budget shall include construction costs, equipment/furniture costs plus all other direct costs and reimbursable expenses for the Consultant, Sub-consultants and the City. 4.1 (5) During the design and construction phases of the project, the PM shall submit to the City a bulleted progress report for the project. The summary shall only contain a list of major events that have occurred since the last report submittal, along with a list of work that will be accomplished in the upcoming weeks and a list of critical items that need immediate attention. 4.1(6) The PM shall oversee, ensure and document compliance with the Davis-Bacon and Related Acts (DBRA) as required by State and Federal law (see Appendix E). 4.1(7) A Disadvantaged Business Enterprise (DBE) goal has been established for the contract(s); this amount of this goal is listed on page 41 of this RFQ (3.8% of total construction cost). It is the prospective Project Manager's responsibility to make a sufficient portion of the work available to subconsultants, contractors, subcontractors and/or suppliers to meet the goal, consistent with the availability and capacities of DBE firms. 4.2 Project Manager Deliverables The following is a list of requirements that shall be provided throughout the design and construction of the project. 4.2(1) The PM 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. 4.2(2) The PM shall submit an updated electronic copy of the project schedule along with the WBS each month. This submittal is required during the design phase. 4.2(3) The TPC budget and the WBS shall be submitted to the City in an electronic file format. 4.2(4) The PM shall submit a project progress update report with the WBS each month. The summary shall be submitted by electronic mail and be less than a single page in length. 4.2(5) The PM shall coordinate with the General Contractor (GC) to have bi-weekly construction meetings. The participants of the meetings shall be determined by the PM and GC and at such time that City of Dubuque representatives are able to attend. Page 7 of 72 4.2(6) Multiple meetings with project stakeholders, including city departments, will be required during the design process to gather input, communicate project progress, and coordinate with various agencies. 4.2(7) Meetings with the City Council should be included with the project. The City Council will be kept informed of project's progress and findings throughout the project. 4.2(8) Critical members of the firm's project team are expected to be involved at all key meetings. Use of teleconference and videoconferencing is an encouraged alternative meeting format as long as the objectives of the meeting agenda can be met. 4.2(9) 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 any time throughout the project, the Consultant shall provide documentation to the City that verifies the QA/QC program is being actively utilized and followed. 4.2 (10) The Consultant shall conform to the Supplements in Appendix E and FTA Certifications outlined in Appendix F. 4.2 (11) The Project Manager shall keep records demonstrating the appropriate oversight of the Davis-Bacon Act work, and will submit a report regarding any/all Davis-Bacon activity each month. 4.3 — Phase I — Site Analysis and Schematic Design 4.3(1) Conduct detailed field survey work to establish boundary lines and accurate locations of all existing utilities and any other appurtenances within the project area. 4.3(2) Conduct Geotechnical engineering exploration, as necessary. 4.3(3) Prepare a site analysis report to include diagrams, and graphic presentations containing design objectives, geotechnical reconnaissance, space utilization requirements, design flexibility and expandability, site and landscaping requirements. 4.3(4) Prepare schematic design including site plan, floor plans and elevations adequate to describe major project elements, interior design, signing, lighting, preliminary grading, utilities, etc. 4.3(5) Prepare initial construction cost estimate of all elements of the work. 4.3(6) Review of the schematic design and site analysis by the Project Team, local building officials, Planning and Development Services staff, Fire Department staff, and other parties as necessary and approval by the City Council. Page 8 of 72 4.3(7) Energy Efficiency: • The City desires a highly energy efficient building. To establish a measurable performance benchmark for the building, the Consultant shall lead a meeting with city staff using ENERGY STAR's Target Finder tool in order to pick an energy goal for the project. The Consultant shall design a facility that will be eligible for "Designed to Earn the ENERGY STAR" certification. Additionally the Consultant shall develop three scenarios for HVAC, lighting and building envelope performance that provides good, better and best options for the City to select from. Each option should list the installed costs, available utility rebates and incentives and related annual operational expenses. • Energy modeling — The City requires that an energy model be created for the whole building during the design of this project. The Consultant should be sure to select energy modeling software that is compliant with achieving the ENERGY STAR label and performance rebates offered by the utility companies. As part of the scope of work for this project, all existing MEP systems should be evaluated to determine if they are reaching the end of their service life. The consultant shall enroll the project in the new construction energy rebate programs offered by the local gas and electric utilities. HVAC, lighting and building envelope systems shall be designed and specified to take advantage of rebates offered on specific pieces of equipment and technologies. Project specifications shall be developed by the consultant to require contractor submittal of necessary product information required in order for the City to receive utility rebates. The City will designate the selected Consultant as the Owner's representative so that the Consultant will be responsible for the processing of both prescriptive and performance rebates. 4.4 — Phase II — Design Development 4.4(1) Prepare design development documents, including description of all design work, interior design, grading and planting plans, storm drainage, utilities and other necessary civil engineering work, structural engineering, geotechnical engineering, environmental engineering, etc. 4.4(2) Conduct Value Engineering and risk assessment activities with City Project Team. 4.4(3) Prepare a revised detailed cost estimate of all elements of the work. 4.4(4) Provide report of project's compliance with relevant local, state and federal codes and regulations. Including full compliance with ADA and PROWAG guidelines. 4.4(5) Plan on necessary review stages and design updates. 4.4(6) Develop a building commissioning plan. 4.4(7) Review of the Design Development Documents by the Project Team, local building officials, Planning and Development Services staff, Fire Department Page 9 of 72 staff, and other parties as necessary and approval by the City Council. Submit project to City's site plan review process. 4.6 — Phase III — Construction Documents 4.5(1) Prepare construction bid documents, including plans, specifications, general and supplemental conditions adequate to let a lump sum, low bid contract. 4.5(2) Prepare a revised detailed cost estimate of all elements of the work. 4.5(3) Consultant shall be responsible for obtaining all required approvals and permits. 4.6 — Phase IV — Bid Assistance 4.6(1) Make available a complete set of contract documents marked "Approved for Construction." Provide sets of final bid plans and specifications marked "Approved for Construction." Cost of plans and specifications will be borne by the City. 4.6(2) Attend pre-bid meeting with contractors to discuss the project. 4.6(3) Respond to bidder questions and issue addenda. 4.6(4) Attend bid opening. 4.6(5) Tabulate and evaluate bids and review to determine if bids are complete and responsive. Provide City with recommendation of award. 4.7 — Phase V — Construction Administration 4.7(1) Prepare Notice to Proceed and coordinate the pre-construction conference and progress meetings throughout construction. 4.7(2) Consult with City Project Team regarding construction progress and quality. 4.7(3) Provide construction field services including preparation of periodic construction reports, Furnishings, Fixtures and Equipment purchase coordination by the interior decorator, Answer questions during construction on the interpretation and intent of the plans and specifications, Review and approve material sources and shop drawings Review requests for changes, process and log Requests For Information, issue, log and assist in negotiating Contractor Proposal Requests, issue and log Construction Change Directives and based on all of the previous, submit recommendations to the City, and if accepted, process Construction Change Orders, Issue Certificate of Substantial Completion, Actively monitor and report on punch list progress, Review and coordinate proper contractor submittal of Project Record Drawings , Issue Certificate of Final Completion, Observe the contractor's final testing, start-up of utility systems and equipment, schedule and observe training for operational systems and equipment, Page 10 of 72 Actively monitor compliance with all provisions of the Davis-Bacon and Related Acts (DBRA), which include proper payment of all labor at or above prevailing wages as determined by the Department of Labor. Towards this end all contractors and subcontractor will be required to submit certified payrolls weekly to the Project Manager and will be required to provide access to their employees for interviews to determine Davis-Bacon Act compliance, MEP Engineer shall review & comment on testing and balance report and conduct final commissioning of the building, Secure, review and transmit to the City warranties, maintenance manuals and similar submittals as required in the project specifications, with a minimum of weekly site visits or more frequently, as necessary. 4.7(4) Review and recommend to City Project Team contractor requests for payment. Submit recommended requests to the City Project Team for approval. 4.7(5) Conduct substantial and final completion inspections with City and Contractor. 4.7(6) Submit record drawings and construction reports, both hard copy and electronic, to City upon completion of the construction project. 4.8 — Public Involvement 4.8(1) Multiple meetings with project stakeholders will be required during the Site Analysis and Schematic Design and Design Development process to gather input, communicate project progress, coordinate with outside agencies. See below for an estimate of meetings needed for Schematic Design and Design Development process. • 2 public hearing meetings • 1 meetings with the Transit Advisory board • 2 City Council Presentations meetings • 3 City Staff meetings (included Code officials, HPC, Fire Marshall, Utilities, City Engineers etc.) • 2 Code official meetings • Bi-weekly Project Staff meetings for the duration of the project (conference calls are encouraged). Relevant key members of the consultant project team are expected to be present at all key meetings. Use of teleconference and videoconferencing is encouraged as long as the objectives of the meeting agenda can be met. 5.0 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 proposal. All Consultants should note that contacting other City of Dubuque staff or any of the Selection Committee members shall be considered inappropriate and be grounds for disqualification. 5.2 - Material Available for the RFQ Page 11 of 72 • FTA Categorical Exclusion Documentation • FTA Approved and Updated Feasibility Study 6.3 - 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 2013. • The City's Program Manager will make staff contact/resources persons available in the Building Services, Planning, GIS and Engineering Departments. The Public Works Department has been the City's lead agency for coordination of the Superfund site. Design plans will need to be coordinated with Mid American Energy and EPA Region 7 via the Public Works Department. 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 that 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 as they represent the minimum criteria against which the proposal will be evaluated. A. 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. B. Table of Contents The proposal shall contain a table of contents that delineates each section and the corresponding page number. C. 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. D. Project CapacityM/orkload 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 Page 12 of 72 the project or whether it intends to hire additional staff or partner with sub-consultants. E. 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. 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 included in the project 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. F. 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. G. 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 bus storage facilities 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 work that would be performed by each firm. Summarize the qualifications and experience of all sub-consultant staff working on the project. Page 13 of 72 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. H. Understanding of Final Contract Terms The Proposer should provide a statement that indicates they have read and understand Appendix C — "City of Dubuque Contract Terms and Conditions", and agree to include the clauses that are listed in Appendix C in the final signed contract. Any exceptions to the Contract Terms and Conditions by the Consultant must be clearly stated in the submitted proposal. I. 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. J. 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. K. Additional Required Submittals Provide completed copies of all the certifications and assurances documents attached in Appendix E, F &G (see pages 40-69). Certifications and assurances are not included in calculating the maximum proposal length. L. Fees and Compensation Following the Brooks Act, price will not be a determining factor in selecting a vendor; however, please provide 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 each 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. Page 14 of 72 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. The City of Dubuque will be providing a site visit for interested parties on September 24, 2015 at 3 PM. Any questions concerning this RFQ must be received on or before 10:00 a.m. CDT on October 1 , 2015. Any inquiries received after this date will not be answered. When submitting a question to the City's Project Manager, please include the appropriate Consultant contact information. 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: Candace Eudaley-Loebach Transit Manager City of Dubuque/Jule Transit 950 Elm Street Phone: 563.589.4341 Dubuque, IA 52001 E-mail: ceudaley@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. Page 15 of 72 PROPOSAL SUBMITTAL INFORMATION • Submittal Deadline: October 6, 2015 on or before 2:00 p.m. CST • Submittal Location: City of Dubuque City Clerk's Office 50 West 13th Street Dubuque, Iowa 52001-4864 • Submittal Contact & Candace Eudaley-Loebach Mailing Address: City of Dubuque/Jule Transit 950 Elm Street Dubuque, Iowa 52001-4864 • Submittal Copies: Seven (7) sets of the proposal shall be provided. Submit one (1) original signed proposal, six (6) copies and also an electronic pdf version, all labeled Dubuque Bus Storage Facility Design, Engineering Services and Project Management. Submitted proposals must be delivered in printed format with the exclusion of the one required electronic pdf version. The pdf version shall be submitted on a flash drive along with the proposal hardcopies. No faxed or e-mail proposals will be accepted. 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 submitted certification documents shown in Appendix E. Proposals should not include any pre-printed or promotional materials. Any proposals exceeding 15 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. Page 16 of 72 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" OR "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, Candace Eudaley-Loebach Transit Manager City of Dubuque/Jule Transit Page 17 of 72 THE CITY OF Bus Storage Facility DUB E Design, Engineering Serices & Project Managment Masterpiece on the Mississippi City of Dubuque, Iowa Consultant Professional Services Request for Qualifications Appendix A Consultant Evaluation and Selection Process Page 18 of 72 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 bus storage facilities 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 bus storage facility. 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 bus storage facilities 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 bus storage facilities. Page 19 of 72 g. Overall success of past projects completed for the City of Dubuque. 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 and the results of on-site interview. The proposal and interview should clearly demonstrate understanding of the City's overall objectives for the bus storage facility. 6. Price information will be in a separate, sealed envelope and will not be opened until a vendor has been selected based on performance evaluation only, per the Brooks Act. 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. 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. Following the recommendation, the sealed envelope containing the cots proposal will be opened. 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 $8,000. The Consultant shall indicate in the WBS the work tasks that will be completed by City staff. Page 20 of 72 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 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 the 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 21 of 72 THE CITY OF Bus Storage Facility DUB E Design, Engineering Serices & Project Managment Masterpiece on the Mississippi City of Dubuque, Iowa Consultant Professional Services Request for Qualifications Appendix B RFQ Rules and Protest Procedure Page 22 of 72 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 23 of 72 THE CITY OF Bus Storage Facility DUB E Design, Engineering Serices & Project Managment Masterpiece on the Mississippi City of Dubuque, Iowa Consultant Professional Services Request for Qualifications Appendix C City of Dubuque Contract Terms and Conditions Page 24 of 72 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. 6. 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 subcontractor or anyone for whose acts Consultant or Consultant's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 6. TERMINATION. City may terminate this agreement, with or without cause, upon providing 14 days written notice to the Consultant. 7. ERRORS & OMISSIONS. In the event that the work product prepared by the Consultant is found to be in error and revision or reworking the work product is necessary, the Consultant agrees that it shall do such revisions without expense to the City, even though final payment may have been received. The Consultant must give immediate attention to these changes so there will be a minimum of delay during construction. The above and foregoing is not to be constructed as a limitation of the City's right to seek recovery of damages for negligence on the part of the Consultant herein. Page 25 of 72 8. OWNERSHIP OF 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 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 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. 10.0 EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS A. The Owner, Federal Transit Administration (FTA), or the Comptroller General of the United States, or any of their duly authorized representatives shall, generally until three years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts and transcriptions. Page 26 of 72 B. The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same as paragraph (a) above. "Subcontract', as used in this clause, excludes purchase orders that do not exceed $10,000.00 C. The periods of access and examination in paragraphs (a) and (b) above for records relating to (1) appeals under the disputes clause of the contract, (2) litigation or settlement of claims arising from the performance of this contract, or (3) costs and expenses of this contract to which the Owner, FTA, or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims or exceptions. Page 27 of 72 THE CITY OF Bus Storage Facility DUB E Design, Engineering Serices & Project Managment Masterpiece on the Mississippi City of Dubuque, Iowa Consultant Professional Services Request for Qualifications Appendix D Insurance Requirements Page 28 of 72 City of Dubuque Insurance Requirements for Professional Services Insurance Schedule C 1. shall furnish a signed rectorate of lnsum nce to the 6ty of Dubuque,Iowa for the cow rage required In Exhibit I prior to commencing work and at the end of the project If the term of work 6longerthan W Jays. Pmvltles presenting annual certificates shall present a Certficate at the mJ of each project with Me final billing. Each Certificate shall be prepared on the most current AWRD form approved by the Iowa Department of Insurance or an equivalent Each certificate shall include a statement under Descnp[on of Operations as to why issues Eg: Pmjectn or Protect Emmon at or constructed of 2. All policies of insurance required hereunder shall be with a carrier auMonz l to do business In Iowa and all carriers shall how a rating of A or better In the current A.M.Rests Rating Guide. 3. Each Certificate shall be furnished to the contracting department of the City of Dubuque. 4. Failure to provide minimum cowman shall not be deemed a waiver of these requirements by the Clty of Dubuque. Failure to obtain ormamtam the required insurance shall be considered a material breach of this agreement. S. Subconsukants and sub subconsultants performing work or service shall provide a Certificate of Insurance in accord with Exhibit 1. 6. All required endorsements to venous policies shall be attached to Certificate of Insurance. ]. Whenever a specific 60 form is Inner,an equivalent form may be substituted subject to the Powder identifying and listing In writing all deviations and exclusions that differ from the ISD form. 5. Provider hall be required to vary the minimum coverage/Ilmits,or greater if required by law or other legal agreement m Exhibit i. If providers limits of liability are higher than the required minimum limits then the Powders limits shall be this agreements required limits. 9. Wh...van an ISO formkreferenmtl th,current whimn of Me form must be a,ad. Page 29 of 72 Insurance Schedule C (continued) Exhibit I A) COMMERCIAL GENERAL LIABIUW General Aggregate Limit $2,1300,1300 Products Completed Operations Aggrell Limit $1,WO,WO Personal and Advertising Injury Limit $1,WO,WO Each Occurrence $1,WO,WO Fire Damage Limit(anyone occurrence) $ 50,OW Medial Payments $ 5,OW a) Coverage shall be gotten on an occurrence,net claims made,form. The general liability overage shall be written in award wRM1 SO farm CGOW 1 or business owners form BP0002. All deviations fmm the standard ISO commercial general liability form CG ONl,at Business owners form BP 0002,shall be cleats Identified. Id Include 60 endorsement form W 25 M'Designate!Loati rds)General Aggregate Dmir or CG 25 03'Designated Construction Project(s)General Aggregate more as appropriate. c) Include endorsement indicating that coverage is primary and non<ontobutory. d) Include endorsement to preserve Governmental Immunity.(Simple attached). e) Include an endorsement that deletes any fellow employee endorsed. f) Include accidental insured endorsement for. The Ctry of Dubuque,including all as ekded and appointed officials,all Its employees and volunteers,all as homes,commissions and/or authorities and their boom members, employees and volunteers.Use ISO farm CG 2026. B) AUTOMOBILE LIABIUW $1,000,000 ICombmed Single timet) C) WORKERS'COMPENSATION&EMPLOYERS LIABILITY Statutory benents covering all emplayees injured an Memb by accident ordesease as Forenamed!by Iowa Code Chapter 85 as amended. Coverage StaNMry—State of Iowa Coverage Employers Left Each Accident $loo,aoo Each EmplayerrOesease $too," Palery UmR-Disease $5Uo,000 Policy shall include an endorsement pmvedenga warverof subrogation to the City of Dubuque. Coverage B limits shall be greater of required by Umbrella Carrier. O) UMBRELMUABILIW $1,000,000 mbrellehour ty coverage must be et least following farm with the m d,rlying POGnezmdutletl herein. E) PROFESSIONAL LIABILITY $1,000,000 F) CYBER LIABILM $1,WD,fl00 Coverage for First and Third Parry liability including but not limited to lost data and restoration, lass of income and Cyber breach of information. Yes No Page 30 of 72 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 he 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 Mis insurance policy. 3. Assertion of Government Immunity.The City of Dubuque, larvae shall he 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 Mis policy and the carrierInsurance shall not deny any of the rights and benefits accruing to the City of Dubuque,Io under this pollower Policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the rehearsals)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 31 of 72 ACORD CERTIFICATE OF LIABILITY INSURANCE 12 7 2007 DA'/'M"2007' PRODUCER (563)123-4567 FAX (563)987-6543 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Street Address ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cit ST Zip Code INSURERS AFFORDING COVERAGE NAIL# INSURED INSURER AInfillranCe Company Company INSURER B' sheet INSURER C. INSURER D: ,City .4t Zip Code INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWRHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECYVE POLICY SAN RATION TYPE OF INSURANCE POLICY NUMBER DATE MMJDO DATE MMM LIMITS GENERAL LIABILITY EACH O CURRENCE f 1,000,000 TCOMMERCIAL GENERAL LIABILITY PR MUSESE. EOEf50,000 A XCLAIMS MADE OOCCUR MED EXP son) f 5,000 PERSONAL A ADV INJURY 3 1,000,000 GENERALAGGREGATE f 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPJOP AGO f 1,000,000 POLW'Y X JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT x ANY AUTO lea axeef) f 1,0°0,000 A ALL OMNED AUTOS BODILY INJURY f SCHEDULEDAUIOS IPM pB,a4n) HIRED AUTOS BODILY INJURY f NONAMMEOAUTOS 'P.,.ccm.nll PROPERTYDNMAGE 3 IP.r a«H.nN GARAGELIABILITY AUTO ONLY.FA ACCIDENT 3 PNYAUTO OTHERTHAN EA ACC f AUTO ONLY AGO f A EXCESSNMBRELLA LIABILITY EACH OCCURRENCE f 1,000,000 X 1 OCCUR OCLAIMS MADE AGGREGATE f 1,000,000 3 DEDUCTIBLE e f __ X RETENTION S 0WORKES KC STA U- A EMPLOY R&LIABILITY AND Sio X TORY LI R6 EMPLOYERS LIABILITY ,6� JJ. ANYCERUMEETOREXCLUDED1 WTNE OJ}. El EACH ACCIDENTEASE- AEM f 100,000 OFFIGERJ..M d.EXCLUDEDT El OIEEA6E-EA EMPLOYEES 100,000 N PEC AL PROVISIONS SPECIAL PRONSION6 bMa. EL.DISEASE POLICV LIMIT f 500,000 A OTHER proF.aaional $1,000,000 Liability DESCRIPTION OF OPERATONSJLOCATONSNENICLESIEXCW SIONS ADDED BY ENDORSEMENTJBPECIAL FRONSIONS 7h. City .1 Dubuqu. i additional insurad On ganaral liability poli.!.. including ongoing d completed operations coverage .qu LValent to ISO CG 2010 0704 6 CG 2037 0704. General 3.1abillty policy 1. primary c n -cont.,LP t!nq. Form CG 2504 0397 ^Da.ignetad I Catlen.^ general 11Bb111ty aggrogat. limit is Lncludad. CoV.rnm.ntal immunities. endoraement IS included. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Dubuque EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 50 West 13th Street 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT Dubuque, IA 52001 FAILURE TO DO 60 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVE& AUTHORIZEDREPRESENTATNE ACORD 25(2001108) 0 ACORD CORPORATION 1988 INS025(DICE,oB AMS VMP NYAW. Solves..Im 1300J27-0 5 P.D.I m2 Page 32 of 72 POLICY NUMBER; COMMERCIAL GENERAL LIABILITY CG 25 04 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): ANY AND ALL COVERED LOCATIONS (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally the Declarations nor shall they reduce any obligated to pay as damages caused by"occur- other Designated Location General Aggre- rences"under COVERAGE A(SECTION 1),and gate Limit for any other designated"location" for all medical expenses caused by accidents shown In the Schedule above. under COVERAGE C(SECTION 1),which can be 4. The limits shown in the Declarations for Each attributed only to operations at a single desig- Occurrence, Fire Damage and Medical Ex- nated'locatlon"shown in the Schedule above: pense continue to apply.However, instead of 1. A separate Designated Location General being subject to the General Aggregate Limit Aggregate Limit applies to each designated shown in the Declarations, such limits will be "location", and that limit is equal to the subject to the applicable Designated Location amount of the General Aggregate Limit General Aggregate Limit. shown in the Declarations. B. For all sums which the Insured becomes legally 2. The Designated Location General Aggregate obligated to pay as damages caused by"occur- Limit is the most we will pay for the sum of all renes"under COVERAGE A(SECTION 1),and damages under COVERAGE A,except dam- for all medical expenses caused by accidents ages because of"bodily Injury' or "property under COVERAGE C(SECTION 1),which can- damage"included in the"products-completed not be attributed only to operations at a single operations hazard',and for medical expenses designated "location" shown in the Schedule under COVERAGE C regardless of the num- above: ber of: 1. Any payments made under COVERAGE A for a. Insureds; damages or under COVERAGE C for medical b. Claims made or"suits"brought;or expenses shall reduce the amount available c. Persons s under the General Aggregate Limit or the organizations making claims or Products-Completed Operations Aggregate bringing"suits'. Limit,whichever is applicable;and 3. Any payments made under COVERAGE A for 2. Such payments shall not reduce any Desig- damages or under COVERAGE C for medical natad Locatinn General Aggregate Limit. expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- nated"location'. Such payments shall not re- duce the General Aggregate Limit shown in CG 25 04 03 97 C. When coverage for liability arising out of the 'Location"means premises involving the same or "products-completed operations hazard" is pro- connecting lots,or premises whose connection is vided, any payments for damages because of interrupted only by a street, roadway, waterway "bodily injury" or"property damage" included in or right-of-way of a railroad. the "products-completed operations hazard" will reduce the Products-Completed Operations Ag- E. The provisions of Limits Of Insurance(SECTION gregate Limit, and not reduce the General Ag- III) not otherwise modified by this endorsement gregate Limit nor the Designated Location Gen- shall continue to apply as stipulated. eral Aggregate Limit. O, For the purposes of this endorsement, the Defi- nitions Section is amended by the addition of the following definition: Copyright,Insurance Services Office,Inc., 1996 Page 33 of 72 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers,all its boards, commissions and/or authorities and their board members,employees and volunteers. Locations)Of Covered Operations Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II—Who Is An Insured is amended to in the performance of your ongoing operations for include as an additional insured the person(s)or the additional Insured(s) at the location(s) desig- organization(s) shown in the Schedule, but only nated above. with respect to liability for"bodily injury","property B. With respect to the insurance afforded to these damage" or "personal and advertising injury" additional insureds,the following additional exclu- caused,in whole or in part,by: sions apply 1. Your acts or omissions;or This insurance does not apply to"bodily injury"or 2. l he acts or omissions of those acting on your '.puy<rty da,uaye"occurring after: behalf; 1. All work, Including materials, parts or equip- 2. That portion of "your work" out of which the ment furnished in connection with such work. injury or damage arises has been put to its in- on the project(other than service,maintenance tended use by any person or organization or repairs)to be performed by or on behalf of other than another contractor or subcontractor the additional Insured(s)at the location of the engaged in performing operations for a pdnci- covered operations has been completed;or pal as a part of the same project. All terms and conditions of this policy apply unless modified by this endorsement. Page 34 of 72 THE CITY OF Bus Storage Facility DUB E Design, Engineering Serices & Project Managment Masterpiece on the Mississippi City of Dubuque, Iowa Consultant Professional Services Request for Qualifications Appendix E FTA Regulations & Certifications Page 35 of 72 DEFINITIONS ❑ FTA means Federal Transit Administration ❑ RFQ means Request for Qualifications ❑ Recipient or Purchaser means the City of Dubuque d.b.a. The Jule ❑ Proposer or Contractor means firm responding to the RFQ ❑ FTA Master Agreement refers to the Federal Transit Administration Master Agreement that contains the standard terms and conditions governing the administration of a Project supported with Federal assistance awarded by the Federal Transit Administration (FTA) through a Grant Agreement or Cooperative Agreement with the Recipient, or supported by FTA through at Transportation Infrastructure Loan, Loan Guarantee, or Line of Credit with the Recipient. The full text of the agreement can be found at http://ftateamweb.fta.dot.gov/statix/Agreements/2010- 16-MASTER.pdf 1. OVERALL FEDERAL REGULATION COMPLIANCE FTA Circular 4220.1 F FTA Master Agreement §15.a All contractual provisions requested by USDOT, as set forth in the FTA Circular 4200.1 F, 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 Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any Recipient requests which would cause the Recipient to be in violation of the FTA and Iowa Department of Transportation (IA DOT) grant terms and conditions. 2. FLY AMERICA REQUIREMENTS 49 U.S.C. §40118 41 CFR Part 301 .10 FTA Master Agreement §14.c The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301 .10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification of memorandum adequately explaining why service by a U.S. air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certification of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 3. ENERGY CONSERVATION REQUIREMENTS 42 U.S.C. 6321 et seq. 49 CFR Part 18 FTA Master Agreement §26 Page 36 of 72 The Contractor agrees to comply with applicable mandatory energy efficiency standards and policies of applicable State energy conservation plans issued in accordance with the Energy Policy and Conservation Act, as amended, 42 U.S.C. §§6321 et seq., except to the extent that the Federal Government determines otherwise in writing. To the extent applicable, the Recipient 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. The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued to compliance with the Energy Policy and Conservation Act. 4. CLEAN WATER REQUIREMENTS 33 U.S.C. 1251 FTA Master Agreement §25.c Except to the extent of Federal Government determines otherwise in writing, the Contractor agrees to comply with all applicable Federal laws and regulations, and follow applicable Federal directives implementing the Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377. Specifically: (1) The Contractor agrees to protect underground sources of drinking water in compliance with the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. §§ 300f though 300j-6. (2) The Contractor agrees to comply with the notice of violating facility provisions of section 508 of the Clean Water Act, as amended, 33 U.S.C. §1368, and facilitate compliance with Executive Order No. 11738, "Administration of the Clean Water Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42 U.S.C. § 7606 note. 5. LOBBYING 31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20 FTA Master Agreement §3.d Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, 104-65 [to be codified at 2 U.S.C. §1 1601 , et seq.] — Contractors who apply or bid for an award of$100,000 or more shall file the certification required by 49 CFR Part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who Page 37 of 72 has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. The undersigned [Contractor] certifies, to the best of his or 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 an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connections with the awarding of any Federal contract, the making of any Federal grant, 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 appropriate 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—LL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/16/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L.104-65, to be codified at 2 U.S.C. 1601 , et seq.)]. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients 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 certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352©(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such expenditure or failure.] 6. ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17 Page 38 of 72 FTA Master Agreement §15.t The following access to records requirements apply to this Contract: 1 . Where the Purchaser is not a State but a local government and is the FTA recipient or a subgrantee of the FTA recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, 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 this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 CFR 633.17 to provide the FTA Administrator or his/her authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1 , which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311 . 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his/her authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1 , which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311 . By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where the Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee or any of them for them purposes of conduction an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. Page 39 of 72 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the vent of litigation of settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, 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(i)(11). 7. FTA does not require the inclusion of these requirements in subcontracts. 7. FEDERAL CHANGES 49 CFR Part 18 FTA Master Agreement §2.c(1) Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 8. CLEAN AIR 42 U.S.C. 7401 et seq. 40 CFR 15.61 49 CFR Part 18 FTA Master Agreement §25.b (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 9. NO GOVERNMENT OBLIGATIONS TO THIRD PARTIES FTA Master Agreement §2.f (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding an concurrence by the Federal Government in or approval of the solicitation or award of the underlying contact, 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 the contract) pertaining to any matter resulting from the underlying contract. Page 40 of 72 (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agrees that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 10. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307 FTA Master Agreement §3.f THESE REQUIREMENTS ARE APPLICABLE TO ALL CONTRACTS. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31 , apply to its actions pertaining to this Project. Upon execution of the underlying contract, 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 work is being performed. In additional 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 of 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 whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §5307, the Government reserves the right to impose the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed to that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 11. TERMINATION 49 U.S.C. Part 18 FTA Circular 4220.1 E FTA Master Agreement §11 Page 41 of 72 a. Termination for Convenience: The Recipient may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, 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 Recipient to be paid the Contractor. If the Contractor has any property in its possession belonging to the Recipient, the Contractor will account for the same, and dispose of it in the manner the Recipient directs. b. Termination for Default [Breach or Cause]: If the Contractor fails to perform in the manner called from in the contract, or if the Contractor fails to comply with any other provisions of the contract, the Recipient may terminate this 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 services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the Recipient 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 Recipient, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure: The Recipient in its sole discretion may, in the case of a termination for breach or default, allow the Contractor ten (10) in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to the Recipient's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by Contractor of written notice from Recipient setting forth the nature of said breach or default, Recipient shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach: In the event that the Recipient elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by the Recipient shall not limit the Recipient's remedies for any succeeding breach of that or of any other term, covenant, or condition of this contract. e. Termination for Convenience: The Recipient, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default: If the Contractor fails to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any Page 42 of 72 other provisions of this contract, the Recipient may terminate this contract for default. The Recipient shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering): The Recipient may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The Recipient shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in the performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contract or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. 12. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 49 CFR Part 29 Executive Order 12549 Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the proposer is required to verify that none of the Contractor, its principles, as defined in 49 CFR 29.995, or affiliates, as defined in 49 CFR 29.905, are excluded or disqualified as defined in 49 CFR 29.490 and 29.945. The Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the proposer certifies as follows: Page 43 of 72 The certification in this clause is a material representation of fact relied upon by the Recipient. If it is later determined that the proposer knowingly rendered an erroneous certification, in addition to remedies available to the Recipient, the Federal Government may pursuer available remedies, including but not limited to suspension and/or debarment. The proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 13. CIVIL RIGHTS REQUIRMENTS 29 U.S.C. §§ 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CCR Part 1630, 41 CFR Parts 60 et seq. FTA Master Agreement § 12 Nondiscrimination (1) In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 3030 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 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 — the following equal employment opportunity 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. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, 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., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000w note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but 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 Page 44 of 72 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. §§ 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from 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.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole and in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 14. BREACHES AND DISPUTE RESOLUTION 49 CFR Part 18 FTA Circular 4220.1 E FTA Mast Agreement § 52 Dispute — Disputes arising in the performance of this Contract with are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the Recipient. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Recipient. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Recipient shall be binding upon the Contractor and the Contractor shall abide the decision. Performance During Dispute — Unless otherwise directed by the Recipient, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages— Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his/her employees, agents or others for whose acts he/she is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. Remedies — Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the Recipient and the Contractor arising out of or Page 45 of 72 relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the Recipient is located. Rights and Remedies — The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in additional to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Recipient or Architect/Engineer shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 15. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 26 FTA Master Agreement § 12.d a. This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The goal for participation of Disadvantaged Business Enterprises (DBE) for this procurement is .44% b. The Contractor shall not discriminate on the basis of race, color, creed, 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 this DOT- assisted contract. 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. Each subcontract the Contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. Proposers are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following prior to contract award: 1 . The names and addresses of DBE firms that will participated in this contract; 2. A description of the work each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written documentation of the proposer's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; or 6. If the contract goal is not met, evidence of good faith efforts to do so. 7. Recipient is authorized to make the determination that Contractor has made a good faith effort (GFE) to achieve the required DBE participation. The Contractor can demonstrate that it has made a good faith effort in meeting the assigned .44%. a. Show evidence that it has met the DBE participation by submitting in writing all requirements in Section c (1-5) above. b. Documents that it made good faith efforts to meet the DBE participation goal, even though it did not succeed in achieving it. In this case, the Contractor must submit the Page 46 of 72 Certificate of Good Faith Efforts (GFE) (Exhibit A) and all relevant documentation to the Recipient for a GFE determination with its bid submittal. 8. The efforts employed by the contractor should be those that one could reasonable expect a contractor to take if the contractor were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE concession goal. Mere pro forma efforts are not good faith efforts to meet the DBE contract requirements. (49 CFR § 26.53 and Appendix A to 49 CFR Part 26 provides guidance regarding GFE). 9. In the event that the Recipient determines that the contractor has failed to meet the DBE requirements, contractor is entitled to appeal this determination by submitting a written request (Exhibit B). The provisions of 49 CFR § 26.53(d) apply to such an appeal. A request for administrative reconsideration must be sent within three (3) calendar days of receiving written notice from the Recipient of the failure to meet the GFE requirement. The request should be sent to: Candace Eudaley-Loebach, Transit Manager, DBE Liaison Officer City of Dubuque 950 Elm St Dubuque, IA 52001 The Recipient and the DBE Liaison Officer will work jointly to reconsider the DBE waiver determination. 10. Proposers must present the information required above prior to contract award (see 49 CFR 26.53(3)). d. The successful proposer will be required to report its DBE participation obtained through race-conscious means throughout the period of performance. e. The Contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than ten (10) days after the Contractor's receipt of payment for that work from the Recipient. In addition, the Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor's work related to this contract is satisfactorily completed. f. The Contractor must promptly notify the Recipient whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The Contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the Recipient. 16. AMERICANS WITH DISABILITIES ACT OF 1990 REQUIREMENTS FTA Master Agreement § 12.g The Contractor agrees to comply with 49 U.S.C. § 5301 (d), which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special Page 47 of 72 efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities. The Contractor also agrees to comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of programs of activities receiving Federal financial assistance; with the American with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities; and with other laws and amendments thereto pertaining to access for individuals with disabilities that may be applicable. In addition, the Recipient agrees to comply with applicable implementing Federal regulations and any later amendments thereto, and agrees to follow applicable Federal implementing directives, except to the extent FTA approves otherwise in writing. Among those regulations and directives are: (1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA), 49 CFR Part 37; (2) U.S. DOT regulations, "Nondiscrimination on the Basis of handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 CFR Part 27; (3) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB/U.S. DOT regulations. "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38; (4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 CFR Part 35; (5) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 CFR Part 36; (6) U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the Physically Handicapped," 41 CFR Subpart 101-19; (7) U.S. EEOC, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630; (8) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 CFR Part 64, Subpart F; (9) U.S. ATBCB regulations, "Electronic and Information Technology Accessibility Standards," 26 CFR Part 1194; (10) FTA regulations, 'Transportation for Elderly and Handicapped Persons," 49 CFR Part 609; and Page 48 of 72 (11) Federal civil rights and nondiscrimination directives implementing the foregoing Federal laws and regulations, except to the extent the Federal Government determines otherwise in writing. 17. SEISMIC SAFETY REQUIREMENTS 42 U.S.C. 7701 et seq. 49 CFR Part 41 FTA Master Agreement § 23.e The Contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The Contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 18. ACCESS REQUIREMENTS FOR PERSONS WITH DISABILITES The Contractor agrees to comply with the following requirements: a) 49 U.S.C. 5301(d), which states the federal policy that elderly persons and persons with disabilities have the same right as other persons to use mass transportation service and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement that policy. b) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. 12101 which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. 4151 which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. c) And any subsequent amendments thereto: I. U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37; II. U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance." 49 CFR Part 27; III. Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB)/U.S. DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CCR Part 38; IV. U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 CFR Part 35; Page 49 of 72 V. U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 CFR 36; VI. U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the Physically Handicapped," 41 CFR Subpart 101-19; VII. U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR 1630; VIII. U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 CFR Part 64, Subpart F; and IX. U.S. ATBCB regulations, "Electronic and Information Technology Accessibility Standards," 36 CFR Part 1194; and X. FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 CFR Part 609; Any implementing requirements FTA may issues. XI. Federal civil rights and nondiscrimination directives implementing the foregoing Federal laws and regulations, except to the extent the Federal Government determines otherwise in writing. 19. Notification of Federal Participation To the extent required by law, in the announcement of any third party contract award for goods and services (including construction services) having an aggregate value of $500,000 or more, contractor shall specify the amount of Federal assistance to be used in financing that acquisition of goods and services and to express that amount of Federal assistance as a percentage of the total cost of the third party contract. 20. Interest of Members or Delegates to Congress No members of, or delegates to, the US Congress shall be admitted to any share or part of this contract nor to any benefit arising therefrom. 21. Ineligible Contractors and Subcontractors Any name appearing upon the Comptroller General's list of ineligible contractors for federally-assisted contracts shall be ineligible to act as a subcontractor for contractor pursuant to this contract. If contractor is on the Comptroller General's list of ineligible contractors for federally financed or assisted construction, the recipient shall cancel, terminate or suspend this contract. 22. Other Contract Requirements To the extent not inconsistent with foregoing Federal requirements, this contract shall also include those standard clauses attached hereto, and shall comply with the recipient's Procurement Guidelines, available upon request from the recipient. 23. Real Property Any contract entered into shall contain the following provisions: Contractor shall at all times comply with all applicable statutes and USDOT regulations, policies, procedures and directives governing the acquisition, use and disposal of real property, including, but not limited to, 29 CFR 18.31 , 49 CFR 24 Subpart B, FTA Circular 5010.1 D, and FTA Master Agreement, as they may be amended or promulgated during the term of this Page 50 of 72 contract. Contractor's failure to so comply shall constitute a material breach of this contract. 24. Access to Services for Persons with Limited English Proficiency To the extent applicable and except to the extent that FTA determines otherwise in writing, the Recipient agrees to comply with the policies of Executive Order No. 13166, "Improving Access to Services for Persons with Limited English Proficiency," 42 U.S.C. § 2000d 1 note, and with the provisions of U.S. DOT Notice, "DOT Guidance to Recipients on Special Language Services to Limited English Proficient (LEP) Beneficiaries," 70 Fed. Reg. 74087, December 14, 2005. 25. Environmental Justice The Recipient agrees to comply with the policies of Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations," 42 U.S.C. § 4321 note, except to the extent that the Federal Government determines otherwise in writing. 26. Environmental Protections Compliance is required with any applicable Federal laws imposing environmental and resource conservation requirements for the project. Some, but not all, of the major Federal laws that may affect the project include: the National Environmental Policy Act of 1969; the Clean Air Act; the Resource Conservation and Recovery Act; the comprehensive Environmental response, Compensation and Liability Act; as well as environmental provisions with Title 23 U.S.C., and 49 U.C. chapter 53. The U.S. EPA, FHWA and other federal agencies may issue other federal regulations and directives that may affect the project. Compliance is required with any applicable Federal laws and regulations in effect now or that become effective in the future. 27. Geographic Information and Related Spatial Data Any project activities involving spatial data or geographic information systems activities financed with Federal assistance are required to be consistent with the National Spatial Data Infrastructure promulgated by the Federal Geographic Data Committee, except to the extent that FTA determines otherwise in writing. 28. Federal Single Audit Requirements for State Administered Federally Aid Funded Projects Only Non Federal entities that expend $500,000 or more in a year in Federal awards from all sources are required to comply with the Federal Single Audit Act provisions contained in U.S. Office of Management and Budget (OMB) Circular No. A 133, Audits of States, Local Governments, and Non Profit Organizations. Non Federal entities that expend Federal awards from a single source may provide a program specific audit, as defined in the Circular. Non Federal entities that expend less than $500,000 in a year in Federal awards from all sources are exempt from Federal audit requirements for that year, except as noted in '3052.215(a), but records must be available for review or audit by appropriate officials of the Federal and State agencies. Page 51 of 72 29. Catalog of Federal Domestic Assistance (CFDA) Identification Number The municipal project sponsor is required to identify in its accounts all Federal awards received and expended, and the Federal programs under which they were received. Federal program and award identification shall include, as applicable, the CFDA title and number, award number and year, name of the Federal agency, and name of the pass through entity. 30. CFDA number for the Federal Transportation Administration A Recipient covered by the Single Audit Act Amendments of 1996 and OMB Circular A- 133, "Audits of States, Local Governments, and Non-Profit Organizations," agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF- SAC) required by OMB Circular A-133. The Recipient agrees to accomplish this by identifying expenditures for Federal awards made under Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SFSAC by CFDA number, and inclusion of the prefix "ARRA" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF-SAC. Page 52 of 72 THE CITY OF Bus Storage Facility DUB E Design, Engineering Serices & Project Managment Masterpiece on the Mississippi City of Dubuque, Iowa Consultant Professional Services Request for Qualifications Appendix F Federal Certifications Page 53 of 72 Form 020096wd 05-02 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 54 of 72 Instructions Step # 1 ; Read through each of the Certifications and Assurances required for capital projects. Step # 2: Initial each of the Certifications and Assurances in the table below indicating you have read and understand each one. Step # 3: Submit the initialed Certifications and Assurances included with the RFQ with your completed proposal packet. It is critical that the proposer properly initial each certification and sign the following signature page. Failure to do so will disqualify the proposer. Certification Title Initials 1 Federal Regulation Compliance 2 Fly America Requirements 3 Energy Conservation Requirements 4 Clean Water Requirements 5 Lobbying 6 Access to Records and Reports 7 Federal Changes 8 Clean Air Requirements 9 No Government Obligations to Third Parties 10 Program Fraud and False or Fraudulent Statements and Related Acts 11 Termination 12 Government-wide Debarment and Suspension (nonprocurement) 13 Civil Rights Requirements 14 Breaches and Dispute Resolution 15 Disadvantaged Business Enterprise 16 Americans with Disabilities Act 1990 17 Seismic Safety Requirements 18 Access Requirements for Persons with Disabilities 19 Notification of Federal Participation 20 Interest of Members or Delegates to Congress 21 Ineligible Contractors or Subcontractors 22 Other Contract Requirements 23 Real Property 24 Access to Services for Persons with Limited English Proficient 25 Environmental Justice 26 Environmental Protections 27 Geographic Information and Related Spatial Data 28 Federal Single Audit Requirements for State Administered Federal Aid Funded Projects 29 Catalog of Federal Domestic Assistance (CFDA) Identification Number 30 CFDA Number for Federal Transit Adminstration Page 55 of 72 Chief Executive or Administrative Officer Statement The undersigned chief executive or administrative officer hereby certifies that the proposer has read and understands the Certifications and Assurances initialed in the table above and further assures that, as a condition to submitting this proposal, the proposer will comply with the requirements as specified in the applicable attached Certifications and Assurances in implementing and managing the contract. The person whose signature appears below is authorized to sign this assurance on behalf of the proposer or recipient. Proposer: Signature of Chief or Administrative Officer: Printed Name: Date: Page 56 of 72 DISADVANTANGED BUSINESS ENTERPRISE — EXHIBIT A This form will be filled out in the event that the project's assigned DBE goal of.44% cannot be met by the most qualified firm as selected through the evaluation process. CERTIFICATE OF GOOD-FAITH EFFORTS (GFE) The intent of this certification is to document the good faith efforts implemented by the apparent successful concessionaire in soliciting and utilizing DBE firms to meet DBE participation requirements. This certification will assist the Recipient in determining whether the apparent successful consultant has implemented comprehensive good faith efforts. Failure to implement "good faith" efforts to the satisfaction of the Recipient could result in the rejection of the proposal. I, , do hereby acknowledge that I am the authorized representative of , and am submitting this good faith effort certificate to document efforts undertaken by our firm to meet the assigned DBE goal. RFQ No. RFQ Title Total Contract Amount DBE Percentage-Goal DBE Percentage-Pledged 1. Provide a brief summary on why you believe your firm is unable to meet the DBE participation goals on this project (attach additional pages if necessary): 11. 1 hereby certify that I have utilized comprehensive "good faith" efforts to solicit and utilize DBE firms to meet the DBE participation requirements of this contract proposal, as demonstrated by my responses to the following questions: A. Identify Work Items for DBE Participation: Consultants are encouraged to select portions of work to be performed by DBEs in a manner which will increase the likelihood of meeting the DBE goals. In selecting work to be performed, consultant will consider, where appropriate, direct opportunities for participation by DBEs. Consultant can also meet the goal by purchasing goods and supplies from suppliers of goods and certified as DBE firms. 1 . Which portion(s) or section(s) of the contract proposal, in terms of the nature of the work, were selected for direct participation by DBEs. 2. What efforts were undertaken to purchase goods and services from certified DBE firms? Were any efforts made to break down the purchasing contract into economically feasible units to facilitate DBE participation? B. Notifying DBE Firms of Contracting Opportunities 1 . In the table below, indicate all firms (DBEs and non DBEs) which received written notification of the participation opportunities on the contract. In the appropriate space, also indicate when firms received subsequent telephone solicitations. Please attach Page 57 of 72 additional page(s) so that all companies contacted are listed. (Attach photocopies of all written solicitations to DBE firms to this certificate.) Company Contacted Date of Written Notification DBE Yes or No Date of Follow-Up Call 2. Identify publications in which announcements or notifications were placed and published, if any. (Attach copies of proof of each announcement or notification.) Published Announcement/Name of Publication Date 3. Identify DBE associations or organizations that received written notifications, including dates of all notifications. Provide name of person and date of follow-up call. If no follow-up calls made, explain why not. (Attach copies of letter sent as proof of notification. DBE Associations/Organizations Date of Notification Contact Person Date of Follow-Up Contacted Telephone Call 4. Was the Recipient contracted to assist in the recruitment of DBE firms? Yes No Contact was made by: telephone written correspondence Date contacted: Person contacted: C. Providing Assistance to DBE firms: 1 . Explain any efforts undertaken to provide DBE firms with adequate information about the contracting opportunities and contractual requirements: 2. Describe any efforts undertaken to assist interested DBE firms in obtaining lines of credit or insurance required by the Recipient or Consultant: 3. Describe any other efforts initiated to provide special assistance to DBE firms interested in participating on the contract: Page 58 of 72 D. Soliciting Proposals from Interested DBE Firms Consultants must solicit proposals in good faith with interested DBE firms. Proposals from interested DBE firms must not be rejected by consultant without sound justification. 1 . Indicate in the table below which DBE firms submitted proposals. Also, provide a brief explanation of why any of these DBE proposals were rejected. Please attach additional page(s) if necessa . Name/Address/Contact Person of DBE Opportunity Offered and Reason for Firm Rejection E. Other evidence and documentation you want the Recipient to consider: NOTE: The information requested as set forth above is the minimum information required by the Recipient. Consultant may be asked to submit additional information on certain other actions taken to secure DBE participation in an effort to meet the goals. Page 59 of 72 DISADVANTAGED BUSINESS ENTERPRISE - EXHIBIT B This form will be filled out if the Good Faith Efforts (GFE) Waiver included in Exhibit B is denied and there is an appeal to that denial. GOOD-FAITH EFFORTS WAIVER DENIAL Request for Administrative Hearing Your request for a good-faith efforts' waiver has been denied, and you are entitled to request an administrative hearing to appeal that denial. If you wish to have such a hearing, please sign this form and return it to the office of the City's DBE Liaison by 2:00 PM on October 20, 2015. A faxed request may be sent to 563-589-4340. At the administrative review, a hearing officer(s) will hear your argument why the waiver should be granted. The evidence he or she reviews will be the entire DBE participation file you submitted to the contracting officer. The hearing officer(s), at his or her discretion, may receive additional evidence, but any such evidence not previously submitted with your bid and participation forms, must be submitted to the Recipient at the same time you file your request for hearing. No further evidence will be received or considered if it was not submitted with this hearing request. Documents already submitted in connection with the original good-faith waiver request need not be submitted. A hearing will be held within three (3) working days following the receipt of your hearing request. You will be notified promptly of the time and place of the hearing and the identity of the hearing officer(s), who may be an individual(s) not directly involved in the original good-faith waiver denial. Because of the need to promptly resolve this matter and proceed with the award of the contract, the hearing will be granted only upon a showing of substantial cause. Your failure to appear at the hearing constitutes a withdrawal of your request. THE UNDERSIGNED, AN AUTHORIZED REPRESENTATIVE OF HEREWITH REQUESTS AN ADMINSTRATIVE HEARING TO APPEAL THE DENIAL OF THE COMPANY'S GOOD-FAITH EFFORTS WAIVER REQUEST. SIGNATURE: TITLE: DATE: Page 60 of 72 GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 49 CFR Part 29, Executive Orders 12549, 12689, and 31 U.S.C.6101 (Contracts over$25,000) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government-wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Instructions for Certification: By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below Suspension and Debarment: This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the recipient. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the recipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contractor Signature of Authorized Official Date Name and Title of Contractor's Authorized Official Page 61 of 72 AGREEMENT TO 3RD PARTY CLAUSES I have read the FTA 3rd Party Clauses to the RFQ for Dubuque Bus Storage Facility Design, engineering Services and Project Management , included in Appendix E, and agree to meet the requirements of these clauses. Signature Title Firm Date Page 62 of 72 PRE-AWARD CERTIFICATION REQUIREMENT FOR PROCUREMENT OF ROLLING STOCK (RECIPIENT) BUY AMERICA REQUIREMENTS Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If contractor certifies compliance with Buy America, it shall submit documentation listing: 1 . Component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2. The location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly. 3. Solicitation Specification Requirements: Contractor shall submit evidence that it will be capable of meeting the bid specifications. 4. D. Federal Motor Vehicle Safety Standards (FMVSS): Contractor shall submit (a) manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or (b) manufacturer's certified statement that the buses will not be subject to FMVSS regulations. As required by Title 49 of the CFR, Part 663 — Subpart B, (the recipient) is satisfied that the buses to be purchased, (number and description of buses) from (the manufacturer), meet the requirements of Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended. The recipient or its appointed analyst (the analyst — not the manufacturer or its agent), has reviewed documentation provided by the manufacturer, which lists (1) the proposed component and subcomponent parts of the buses identified by manufacturer, country of origin, and cost; and (2) the proposed location of the final assembly point for the buses, including a description of the activities that will take place at the final assembly point and the cost of final assembly. Page 63 of 72 PRE-AWARD PURCHASER'S REQUIREMENTS CERTIFICATION As required by Title 49 of the CFR, Part 663 — Subpart B, (the recipient) certifies that the buses to be purchased, (number and description of buses) from (the manufacturer), are the same product described in the recipient's solicitation specification and that the proposed manufacturer is a responsible manufacturer with the capability to produce a bus that meets the specifications. PRE-AWARD FMVSS COMPLIANCE CERTIFICATION As required by Title 49 of the CFR, Part 663 — Subpart D, (the recipient) certifies that it received, at the pre-award stage, a copy of 's (the manufacturer) self-certification information stating that the buses, (number and description of buses), will comply with the relevant Federal Motor Vehicle Safety Standards issued by the National Highway Traffic Safety Administration in Title 49 of the Code of Federal Regulations, Part 571 . Date: Signature: Title: Page 64 of 72 PRE-AWARD CERTIFICATION FOR PROCUREMENT OF ROLLING STOCK (VENDOR) 71 FR 14117, Mar. 21, 2006, as amended at 72 FR 53698, Sept. 20, 2007; 74 FR 30239, June 25, 2009 PRE-AWARD AUDIT REQUIREMENTS A recipient purchasing revenue service rolling stock with FTA funds must ensure that a pre-award audit under this part is complete before the recipient enters into a formal contract for the purchase of such rolling stock. DESCRIPTION OF PRE-AWARD AUDIT A pre-award audit under this part includes: 1 . A Buy America certification 2. A purchaser's requirements certification 3. Where appropriate, a manufacturer's Federal Motor Vehicle Safety certification information. PRE-AWARD BUY AMERICA CERTIFICATION For purposes of this part, a pre-award Buy America certification is a certification that the recipient keeps on file that: 1 . There is a letter from FTA which grants a waiver to the rolling stock to be purchased from the Buy America requirements under section 165(b)(1), (b)(2), or (b)(4) of the Surface Transportation Assistance Act of 1982, as amended; or 2. The recipient is satisfied that the rolling stock to be purchased meets the requirements of section 165(a) or (b)(3) of the Surface Transportation Assistance Act of 1982, as amended, after having reviewed itself or through an audit prepared by someone other than the manufacturer or its agent documentation provided by the manufacturer which lists: (a) The Component and subcomponent parts of the rolling stock that are produced in the United States is more than sixty percent (60%) of the cost of all components and subcomponents of the vehicle identified by the manufacturer (b) The location of the final assembly must take place in the United States (49 CFR 661 .11), including a description of the activities that will take place at the final assembly point and the cost of final assembly. PRE-AWARD PURCHASERS REQUIREMENTS CERTIFICATION For purposes of this part, a pre-award purchaser's requirements certification is a certification a recipient keeps on file that: 1 . The rolling stock the recipient is contracting for is the same product described in the purchaser's solicitation specification 2. The proposed manufacturer is a responsible manufacturer with the capability to produce a vehicle that meets the recipient's specification set forth in the recipient's solicitation. If buses or other rolling stock (including train control, communication, and traction power equipment) are being procured, the appropriate certificate as set forth below shall be completed and submitted by each bidder in accordance with the requirements in 49 CFR 661 .13(b). Page 65 of 72 PRE-AWARD FMVSS COMPLIANCE CERTIFICATION As required by Title 49 of the CFR, Part 663 — Subpart D, the recipient certifies that it received, at the pre-award stage, a copy of the manufacturers self-certification information stating that the buses will comply with the relevant Federal Motor Vehicle Safety Standards issued by the National Highway Traffic Safety Administration in Title 49 of the Code of Federal Regulations, Part 571 . PRE-AWARD CERTIFICATION FOR PROCUREMENT OF ROLLING STOCK (VENDOR) Cont. Bidder or offeror Certificate of.• COMPLIANCE with Buy America and FMVSS Rolling Stock Requirements The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C.53230), and the applicable regulations of 49 CFR 661 .11 . Company Name Title Signature Date Bidder or offeror Certificate of.• NON-COMPLIANCE with Buy America and FMVSS Rolling Stock Requirements The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230), but may qualify for an exception to the requirement consistent with 49 U.S.C. 53230)(2)(C), and the applicable regulations in 49 CFR 661 .7. Company Name Title Signature Date Page 66 of 72 ON-SITE MANUFACTURER INSPECTION COMPLIANCE CERTIFICATION (Post-Delivery purchaser's requirement, in compliance with the federal requirements of 49 U.S.C. Section 5323(m)) ON-SITE MANUFACTURER INSPECTION COMPLIANCE CERTIFICATION (Rolling Stock Procurements for more than 10 vehicles for areas >200,000 in population) As required by 49 CFR Part 663-Subpart C, the (Recipient's name) Certifies that a resident inspector, (Name of inspector) Was at (the manufacturer's) manufacturing site during the period of manufacture of the buses, (description of buses). The inspector visually inspecting the buses, the (the recipient) has reviewed the inspection documentation, maintains a copy of this report, and certifies that the buses meet the contract specifications. ON-SITE MANUFACTURER INSPECTION COMPLIANCE CERTIFICATION (Rolling Stock Procurements for more than 20 vehicles for areas <200,000 in population) As required by 49 CFR Part 663-Subpart C, the (Recipient's name) Certifies that a resident inspector, (Name of inspector) Was at (the manufacturer's) manufacturing site during the period of manufacture of the buses, (description of buses). The inspector visually inspecting the buses, the (the recipient) has reviewed the inspection documentation, maintains a copy of this report, and certifies that the buses meet the contract specifications. Signature: Date Title: Page 67 of 72 THE CITY OF Bus Storage Facility DUB E Design, Engineering Serices & Project Managment Masterpiece on the Mississippi City of Dubuque, Iowa Consultant Professional Services Request for Qualifications Appendix G Iowa Department of Transportation Certifications Page 68 of 72 Iowa Department of Transportation Bid Requirements Standard Terms and Conditions for State Funded Projects Jule Transit hereinafter be referred to as "TransitAgencV Contents of Contract: The entire contents of this proposal shall become a part of the contract or purchase order. In case of a discrepancy between the contents of the contract documents, the following items listed by descending order shall prevail: • Addendums • Purchasing Proposal/Schedule of Prices • Specifications, Plans and Drawings • Supplemental Terms and Conditions • Standard Terms and Conditions For example, if there is a statement in the specifications that contradicts a statement in the Standard Terms and Conditions, the statement in the specifications shall apply. Preparation of Proposal: All proposals must be completed in every respect and must clearly answer all questions contained in the proposal. Bids must be typed or completed in ink on the forms supplied by the department. You must sign your bid and seal it in the envelope. Bids must be received prior to the bid opening date and time. The bidder may personally deliver, mail, or select a carrier that ensures timely delivery Proposal Guaranty: If required, a proposal guaranty, in the sum listed on the proposal form, can be supplied in one of the following ways: (1) A certified check or credit union certified share draft, cashier's check, or bank draft, drawn on a solvent bank or credit union, may be certified furnished with your bid. Certified checks and certified share drafts shall be drawn and endorsed in the amount indicated. Checks or drafts shall be made payable either to the Transit Agency or to the bidder. If payable to the bidder, the check or draft shall be endorsed, without qualifications, to the Transit Agency by the bidder or his authorized agent. (2) An insurance or surety company may be retained to provide a bond in fulfillment of the proposal guaranty requirement. A properly completed and signed copy of the Proposal Guaranty (Form 131071) must accompany the bid. The Iowa DOT's Proposal Guaranty form must be used; no other forms or formats will be accepted. Bid Opening: Bid Openings are public and conducted at Transit Agencv office unless otherwise specified. Proposals received after the time of the bid opening will be returned unopened. Debarment and Vendor Suspension: By submitting a proposal, the contractor is certifying that it and its Principals and/or subcontractors are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by the State of Iowa or any Federal department or agency. Page 69 of 72 Communications: Questions concerning this proposal should be directed to the Transit Agencv manager or director. Inquiries can be written, phoned, or faxed. In all cases, written communication will take precedence over verbal communication. Faxed bids will not be accepted. Acceptance/Rejection: The TransitAgency reserves the right to accept or reject any or all bids and to waive irregularities or technicalities, provided such waiver does not substantially change the offer or provide a competitive advantage to any vendor, in the judgment of the Transit Agencv. The Transit Agencv also reserves the right to accept that bid which is deemed to be in the best interests of the agency. Any unauthorized changes, additions, or conditional bids including any ties to another bid or proposal or any reservations about accepting an award or entering into a contract, may result in rejection of the bid. Bids must remain available for award for thirty (30) days from date of bid opening. Method of Award: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified. By virtue of statutory authority preference will be given to products and provisions grown and coal produced within the State of Iowa. Award Protests: Protests of award recommendations are to be addressed to the Transit Agencv manager or director, and shall be made in accordance with paragraph 761--20.4(6)"e", Iowa Administrative Code. Protest form may be found at http://www.iowadot.gov/transit/joint participatio n/020088.Pdf Bid Results & Disclosure: No debriefings or ranking information shall be released before Transit Agencv has recommended a bidding firm. After authorization has been granted to negotiate a contract, all contents of the submitted bids become public information. Trade secrets or proprietary information that are recognized as such and are protected by law may be withheld if clearly identified as such in the proposal. Contracts: Successful contractor(s) may be sent either a formal Contract or a Notification of Award as confirmation of acceptance and award. Contracts shall be for the term stated on the Proposal and may be extended for additional period(s) under the same terms and conditions upon mutual agreement. The contractor may not assign the contract to another party without written authorization from the Transit Agency. Pricing and Discount: Unit prices shown on the bid/proposal shall be quoted as the price per unit (e.g., gal., case, each, etc.) as stated on the request. If there is a discrepancy between the unit bid prices, extension, or total amount of bid, the unit prices shall prevail. Unless otherwise indicated, prices shall be firm for the duration of the contract or purchase. Discounts for early payment are allowed, but not considered in award of the contract. Payment Terms: The agency (Transit company) will normally pay properly submitted vendor invoices within thirty (30) days of receipt, providing goods and/or services have been delivered, installed or inspected (if required), and accepted. Invoices presented for Page 70 of 72 payment must be only for quantities received by the agency, must reference the purchase order number, and be submitted for processing. Quality: All material shall be new and of first quality. Items which are used, demonstrators, refurbished, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the Transit Agencv. Recycled Content: The Iowa Code encourages purchase of products and materials with recycled content, including but not limited to paper products, oils, plastic products, compost materials, aggregate, solvents, and rubber products. When bidding recycled items or alternatives, note on your bid the recycled content, if known. Infringement: Goods shall be delivered free of the rightful claim of any third party by way of infringement. Contractor shall indemnify and save harmless the Transit Agencv, State of Iowa and the Iowa DOT against all claims for infringement of, and/or royalties claimed under, patents or copyrights on materials and equipment furnished under this bid. Default: Failure of the contractor to adhere to specified delivery schedules or to promptly replace rejected materials shall render the contractor liable for all costs in excess of the contract price when alternate procurement is necessary. This shall not be the exclusive remedy and the Transit Agency reserves the right to pursue other remedies available to it by law or under the terms of this contract. Delivery: Deliveries shall be F.O.B. destination unless otherwise specified. All deliveries shall be accompanied by a packing slip indicated the vendor, quantities shipped, and the purchase order number(s). All delivery charges shall be included in the bid price and paid by the contractor. No collect or C.O.D. deliveries will be accepted. When entering into a contract, the contractor shall notify the freight company that all freight and delivery charges are to be prepaid by the contractor. The Transit Agency will not be liable for any freight claims or unpaid freight bills arising from this contract. Billing: The Iowa DOT, Office of Public Transit is required to provide monthly progress reports on all state funded projects. Due to this requirement, all Invoices shall be submitted no less than once per month to Transit Agency. Invoices must include number of hours of work performed. If there is no billing in a specific month, notification must be sent to Transit Agency stating this fact. Taxes: Prices quoted shall not include state or federal taxes from which the Transit Agency is exempt. Exemption certificates will be furnished upon request, or found at http://www.iowa.gov/tax/forms/31014.pdf Applicable Law: The contract shall be governed under the laws of the State of Iowa. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. Page 71 of 72 Equal Opportunity: Firms submitting bids must be an "Equal Opportunity Employer" as defined in the Civil Rights Act of 1964 and in Iowa Executive Order Number Thirty-four. Affirmative Action: The contractor (and also subcontractor, vendor, or supplier) is prohibited from engaging in discriminatory employment practices forbidden by federal and state law, executive orders and rules of the Iowa Department of Management, pertaining to equal employment opportunity and affirmative action. Contractor may be required to have on file a copy of their affirmative action program, containing goal and time specifications. Contractors doing business with Iowa in excess of $5,000 annually and employing 50 or more full time employees may be required to file with the Iowa Department of Management a copy of their affirmative action plan. Failure to fulfill these non-discrimination requirements may cause the contract to be canceled and the contractor declared ineligible for future state contracts or subject to other sanctions as provided by law or rule. Targeted Small Businesses: The Transit Agency and Iowa DOT seeks to provide opportunities for women and/or minority small business enterprises. To apply for certification as an Iowa Targeted Small Business, contact the Iowa Department of Inspection and Appeals (515-281-5796). Contractors shall take documented steps to encourage participation from Targeted Small Businesses for the purpose of subcontracting and supplying of materials. Interest in Contract: No state, county, city, or transit agency official or employee, elective or appointive shall be directly or indirectly interested in any contract issued by the Transit Agency, Records Audit: The contractor agrees that the Auditor of the State of Iowa or any authorized representative of the state, and where federal funds are involved, the Comptroller General of the U.S. Government, shall have access to and the right to examine, audit, excerpt, and transcribe any directly pertinent books, documents, papers, and records of the contractor relating to orders, invoices, or payments of this contract. Terms and Conditions: By submitting a bid proposal, the bidder acknowledges they have read, understood, and will adhere to the terms and conditions of this Bid Requirements and Policies document. Page 72 of 72 THE CITY OF DUB UE Masterpiece on the Mississippi Dubuque Bus Storage Facility Feasibility Study Prepared for the City of Dubuque August 28, 2014 mowr VIEW' The Jule Feasibility Study Table of Contents Report Updates to approved feasibility study ...................................................... 1 1. Need for and Description of Proposed Action........................................................ 3 2. Criteria for a Bus Storage Facility.......................................................................... 4 2.1 Introduction....................................................................................................... 4 2.2 Size................................................................................................................... 4 2.3 Location............................................................................................................ 6 2.4 Environmental................................................................................................... 6 3. Site Analysis............................................................................................................... 6 3.1 Introduction....................................................................................................... 6 3.2 No-Build Alternative........................................................................................ 6 3.3 Build Alternative .............................................................................................. 7 3.3.1 Site ](Former City Operations Center)................................................... 7 3.3.2 Site 2 (16th St. Detention Basin, North of 12th St.)................................ 7 3.3.3 Site 3 (Next to Detention Basin, South of 16th St.).................................. 8 3.3.4 Site 4 (Port of Dubuque,Adjacent to Star Brewery)............................... 8 3.3.5 Site 5 (Port of Dubuque, End of 3rd Street)............................................ 8 3.3.6 Site 6(1100 Jackson St.)......................................................................... 9 3.3.7 Site 7(North of 16th St.).......................................................................... 9 3.3.8 Site 8(Rebuild on existing site, Central Ave).......................................... 9 3.3.9 Site 9(Kennedy Circle Jule Transfer Rt.)............................................... 10 3.3.10Site 10(WestofNWArterial, South ofChavenelle).............................. 10 3.4 Committee Process ........................................................................................... 10 4. Preferred Alternative................................................................................................ 11 4.1 Introduction....................................................................................................... 11 4.2 Advantages ....................................................................................................... 12 4.3 Disadvantages................................................................................................... 12 4.4 Disposition of Existing Facility........................................................................ 12 5. Preferred Site Operation and Layout ..................................................................... 13 5.1 Introduction....................................................................................................... 13 5.2 Interior Space Program..................................................................................... 13 5.3 Exterior Space Program.................................................................................... 14 5.4 Testing the Operational Feasibility of the Preferred Site.................................. 15 5.5 Site Layout........................................................................................................ 15 5.6 Operation and Maintenance Costs.................................................................... 15 5.7 Initial Facility Construction Costs.................................................................... 18 5.8 Proposed Financing........................................................................................... 21 5.9 Project Schedule............................................................................................... 21 Table of Contents—continued Table 1.0 Comparison of Budgets between Approved and Updated Feasibility Studies... ................................................................................................. 2 Table 2.2 Transit Fleet Inventory........................................................................... 5 Table 3.3 Site Evaluation Criteria Matrix............................................................... 11 Table 5.2 Interior Space Programs Needs............................................................... 14 Table 5.3 Exterior Space Program Needs............................................................... 15 Table 5.6 Operation&Maintenance Costs.............................................................. 16 Table 5.7 Initial Facility Construction Costs.......................................................... 19 Table 5.7.1 Soft Costs for Building Construction................................................... 20 Table 5.7.2 Transit Equipment within Facility Costs............................................. 20 Table 5.8 Funding Breakdown of Existing Funds.................................................. 21 Figure 1.1 Location of Project Figure 1.2 Study Corridor Figure 2.1A Alternative Sites—Downtown Figure 2.1B Alternative Sites—West End Figure 2.2.1 Preferred Site& Site Layout Figure 2.2.2 Site Space Program Figure 2.3 Floor Plan Figure 2.4 Rendering Figure 2.5 Schedule Attachment 1. Letter from City of Dubuque Planning Services and attachments Attachment 2. Appraisal of Selected Site Feasibility Study Dubuque Bus Storage Facility Feasibility Study Updates to approved feasibility study The Jule transit had an approved feasibility study for the Bus Storage and Maintenance Facility in June 2013. In fall of 2013, City of Dubuque staff had a work session with city management on how to complete the Bus Storage and Maintenance Facility with the available funds. City management decided to continue to conduct Jule transit bus maintenance at the existing public works building which is 0.6 mile away from the proposed Jule Bus Storage Facility location. The public works building is a shared use facility which includes a maintenance bay area funded with Federal Transit Administration (FTA)funds. The City wants to avoid duplication and reduce the overall cost within the system. This change did help to reduce overall cost of Jule Bus Facility. The Jule staff were able to assess Jule transit needs following the completion of the Intermodal Facility design. The updated feasibility study provided the Jule with an opportunity to accommodate future needs in the bus facility. The following changes are made to feasibility study budget to accommodate future needs in the bus facility. • The finished office area was increased from 3,530 sq. ft. to 6,285 sq. ft. The unfinished office area decreased from 9,750 to 6,230. The finished area increased as we added a large conference training room for drivers, added two restrooms for drivers and increased office space with more storage. • A contingency of 15%was added to site construction cost. • Fiber and IT budget has been increased from $70,000 to $80,000 and a 15% contingency was added to July 2014 budget. • Sanitary Sewer reconstruction was added to July 2014 budget with 15% contingency. • City staff time and project administrative cost of$100,000 was added to the budget and was originally thought to be considered under contingency. • Design costs are increased by $100,000 as recommended by the City engineering staff due to the site's superfund status. • Furniture & equipment within the facility was increased by $77,342 to accommodate large conference room and office space. • $50,000 was added to budget to accommodate testing and construction monitoring. • An overall 15% contingency was added to soft costs. • Epoxy flooring is designed to avoid vapor intrusion from plume into the building. This line item was added to the budget to protect health and safety. • Emergency generator was added to the budget as it was rated as needed in previous triennial review by FTA. • Transit equipment for light duty maintenance has been increased by $38,000. • Security cameras were added to the budget as the existing cameras will not be sufficient to cover the new facility. Currently only four cameras can be moved to new facility. Adding more cameras to the budget will promote better security. Table 1 below provides a comparison between the budget provided to FTA in December 2013 and the budget for the updated feasibility study shown on table 5.7 Dubuque Bus Storage Facility August 28, 2014 Feasibility Study Dubuque Bus Storage Facility Table 1.0: Comparison of budgets between approved and updated feasibility studies. LINE ITEMS DEC 2013 JULY 2014 CHANGE IN BUDGET BUDGET BUDGET BUILDING CONSTRUCTION COST Cost $3,233,884 $3,591,325 $357,441 Contingency(15%) $485,083 $538,699 $53,616 SITE CONSTRUCTION COST Cost $711,519 $668,580 -$42,939 Contingency(15%) $0 $100,287 $100,287 FIBER & IT Cost $66,999 $80,000 $13,001 Contingency(15%) $0 $12,000 $12,000 SANITARY SEWER RECONSTRUCTION Cost $0 $80,000 $80,000 Contingency(15%) $0 $12,000 $12,000 SOFT COSTS Cost $394,050 $721,391 $327,342 Contingency(15%) $0 $108,209 $108,209 ADDDITONAL ITEMS Epoxy flooring over entire floor area $0 $250,000 $250,000 Emergency Generator $0 $100,000 $100,000 Transit Equipment within facility $99,000 $137,000 $38,000 Security cameras $0 $95,000 $95,000 INFLATION 3%for 2 years $194,033 0 -$194,033 TOTAL $5,184,567 $6,494,491 $1,309,924 Dubuque Bus Storage Facility August 28, 2014 Feasibility Study Dubuque Bus Storage Facility 1. Need For and Description of Proposed Action The Jule, (formerly known as Keyline Transit) is the current transit service in Dubuque, Iowa. The Jule has a long and well established history as the oldest continuously operating transit system west of the Mississippi. The Jule provides safe, efficient and effective bus transportation services to the residents and visitors of Dubuque; through the provision of a fixed route and complementary para-transit services (aka"mini-bus"). The Jule's fixed route system employs a combination of traditional route structure with elements of a deviated route/on-demand service. This mix allows for greater flexibility in route schedule and coverage. The para- transit services provide independence for persons with disabilities and area seniors (65 years and older) by providing origin-to-destination transportation and passenger assistance using a demand-response service structure. Hours of operation for the fixed route and para-transit("mini-bus") services are: Mid-August through May 31" - Monday-Thursday 6:00 a.m. -6:40 p.m., Friday 6:00 a.m. - 2:40 a.m., Saturday 8:00 a.m. - 2:40 a.m. June 1 through mid-August in calendar year 2013- Monday-Thursday 6:00 a.m. - 6:40 p.m., Friday 6:00 a.m. — 11:00 p.m., Saturday 8:00 a.m. — 11:00 p.m., Sunday 10:00 a.m. —7:00 p.m. In fiscal year 2013, The Jule provided a total of 444,991 rides (fixed route and mini-bus services combined). Trolley buses operate seasonally on a looped route, providing service between the Port of Dubuque and key downtown locations. In April 2012, the City of Dubuque completed a feasibility study to determine the location for an Intermodal Campus to serve as a central hub for transit and the various modes of transportation. Design is underway for the components of the Intermodal Campus that are currently funded. With the completion of the proposed Intermodal Campus, the current transit transfer point on Iowa Street will be relocated to the new intermodal facility. The City of Dubuque proposes to develop a Bus Storage Facility (BSF). The purpose of the BSF is to provide housing for a brand-new fleet of clean diesel buses that were purchased with federal and state grant funds during 2011-2012, as well as reduce the long term maintenance costs that exist at the present facility. With the development of an Intermodal Campus, which includes a terminal building that will support intra-city (public transit), and intercity bus service along with other alternative modes of transportation and a parking component. The bus storage facility will complement the services provided at the intermodal terminal. Presently the city BSF is located along Central Avenue/Hwy. 52 and does not have adequate space to provide maintenance functions, training to drivers, or room for staging or storing buses outside of the facility. The fueling station at the existing site was inside; this violates existing fire codes; therefore, the fueling station has been closed. Street access is challenging due to a narrow alley, and garage doors open directly onto Central Avenue/Hwy. 52. In addition, the existing facility is more than a century old and is operating beyond its useful life. Given the age of the structure, needed repairs are not cost effective, and the transit service has changed greatly due to technology, energy efficiency and growth of the city's urban population. A key element in maintaining an efficient and cost effective system is the reduction of deadhead miles. With fueling of the fleet Dubuque Bus Storage Facility August 28, 2014 Feasibility Study Dubuque Bus Storage Facility now being performed at the City of Dubuque Public Works facility, which is 22 blocks from the bus storage facility, the Jule has experienced a marked increase in deadhead miles. Additionally, the current facility is not in close proximity to the future intermodal facility. If transit is no longer present at the current site, it would lessen the impact the current facility has on the adjacent neighborhood. The neighborhood at the existing facility is a mixed use neighborhood with some commercial and residential. Currently busses idle in the street and neighbors have complained about this disturbance. The city is looking at alternative uses, such as indoor storage, for the existing site. This would allow the historic nature of the existing site to remain and be more compatible with the neighborhood as well as lessoning the traffic impacts the busses currently have on Central Avenue. 2. Criteria for a Bus Storage Facility 2.1 Introduction Criteria were developed to ensure that the proposed Bus Storage Facility (BSF) will meet the needs of the City. The facility program needs were evaluated by The Jule, East Central Intergovernmental Association (ECIA) as the entity responsible for management of the transit system, and City of Dubuque staff. 2.2 Size The size of the facility needs to be large enough so that bus storage needs can be met and light maintenance and cleaning of the fleet can be performed. A parcel worthy of analysis for the BSF needs to be larger than 55,000 square feet (sf). It is intended that all buses will be stored inside the facility. Some exterior space will be required for staging of buses waiting for cleaning and processing, as well as some employee parking will be required. Adequate space to accommodate driving, safety, de-escalation and general training are required also. Bus storage needs were assumed using the current fleet inventory. As of May 2013, there are a total of 33 vehicles: 30 buses, one mini-van, and two service vehicles forms mini-bus and fixed-route fleets; however it is anticipated the fleet will grow as public transit service increases and expands into new areas. The inventory for the fixed-route fleet(including two trolleys) and the mini-bus fleet are listed in Table 2.2. Reducing deadhead time for maintenance at the City public works was considered to be important. It is intended that most preventative maintenance activities will occur at the City public works facility. The preventative maintenance aspects for the transit fleet includes but is not limited to fluid and/or filter changes, lift maintenance, tire changes, etc., as well as some repair of said fleet (extent will depend on amount, type and/or degree of repair needed). In addition to storing buses and serving as a training facility, the facility also needs to provide office space for operations (e.g. administration and dispatch), bus operators and maintenance personnel, restrooms, and an area to store tires, parts and supplies. Furthermore, any new site will need to be able to serve as an emergency shelter and have a generator that will allow for continued heating and cooling in the event of a power outage. Light maintenance includes tire change, oil change, ITS equipment repairs, signage and fixtures repairs, etc. . Light maintenance also includes replacing filters, belts, light bulbs, and wiper blades. It will be cost effective to do light maintenance at the storage facility as all ranger equipment for ITS will be located at the facility and the Dubuque Bus Storage Facility August 28, 2014 Feasibility Study Dubuque Bus Storage Facility oil change and other minor changes as it can be done faster with less delays and reduce the overall wait time for heavy maintenance at the public works facility for the Jule. Table 2.2 Transit Fleet Inventory The Jule's Fleet a9 of4/30/2012 Fleet Veldcle Veldcl Dole of Plate dinto Length- Sued #ofWC Stundee ADA HWe Veldcle Type/Use e# Year Make Model Purchase Service VIN# Feet Capacity Positions Capacity Access. Type # FX 2579 2003 Chance Opthna Bus/Streetcar 2003 11/202003 17.9S2HSS72A216277 29 28 2 10 Lift Diesel 2579 FX 2580 2003 Chance Opfim Bus/Streetcar 2003 11/202003 17.9S2HSS93A216278 29 28 2 10 Lift Diesel 2580 MB 2602 2010 Freightliner Sptinter bus 1/7/2011 V15/2011 WDPPF4CC1A9440213 14 9 3 0 Lift Diesel 26]2 MB 2603 2011 GMC 190"LD Glaval Titan H 5/7/2011 5/17/2011 1GB6G5BL3B1143052 24 16 4 0 Lift Diesel 26D3 MB 2604 2011 GMC 190"LD Glaval Titan H 5/7/2011 5/17/2011 1GB6G5BL7Bll43605 24 16 4 0 Lift Diesel 26D4 MB 2605 2011 GMC 190"LD Glaval Titan H 5/7/2011 5/17/2011 1GB6G5BL3Bll43634 24 16 3 0 Lift Diesel 26D5 MB 2606 2011 GMC 190"LD Glaval Titan H 5/7/2011 5/17/2011 1GB6G5BL1B1143289 24 16 3 0 Lift Diesel 26D6 MB 2607 2011 GMC 190"LD Glaval Titan H 5/7/2011 5/17/2011 1GB6G5BLOB1143817 24 16 3 0 Lift Diesel 2617 MB 2608 2011 GMC 190"LD Glaval Titan H 7/19/2011 7/22/2011 1GB6G5BL6Bll44650 24 16 4 0 Lift Diesel 26DS MB 2609 2011 GMC 190"LD Glaval Titan H 7/19/2011 7/25/2011 1GB6G5BL6Bll44132 24 16 4 0 Lift Diesel 26D9 MB 2610 2011 GMC 190"LD Glaval Titan H 7/19/2011 8/1/2011 1GB6G5BL3Bll42953 24 16 4 0 Lift Diesel 2610 MB 2611 2011 GMC 190"LD Glaval Titan H 7/19/2011 7/21/2011 1GB6G5BL3Bll43794 24 16 3 0 Lift Diesel 2611 MB 2612 2011 GMC 190"LD Glaval Titan H 7/19/2011 7/21/2011 1GB6G5BL4Bll43366 24 16 3 0 Lift Diesel 2612 MB 2613 2011 GMC 190"LD Glaval Titan H 7/19/2011 7/22/2011 1GB6G5BLSB1150644 24 16 4 0 Lift Diesel 2613 MB 2648 2012 VPG MV-1(nini-van) 1/18/2012 2/6/2012 523WlA63CM100058 10 3 1 0 Ramp Gas 2648 FX 2650 2011 FADOrado Aero Elite Navistar 320 7/12/2011 7/29/2011 5WEASAAL3CJ554061 28 30 1 30 10 Lift Diesel 2650 FX 2651 2011 FADorado Aero Elite Navistar 320 7/12/2011 8/2/2011 5WEASAAL4CJ554067 1 28 30 30 10 Lift Diesel 2651 FX 2652 2011 FADorado Aero Elite Navistar 320 7/13/2011 8/32011 5WEASAAL3CJ554061 28 30 30 10 Lift Diesel 2652 FX 2653 2011 FADorado Aero Elite Navistar 320 7/13/2011 8/12011 5WEASAAL5CJ554062 28 30 30 10 Lift Diesel 2653 FX 2654 2011 FADorado Aero Elite Navistar 320 7/14/2011 8/52011 5WEASAAL5CJ554059 28 30 30 10 Lift Diesel 2654 FX 2655 2011 FADorado Aero Elite Navistar 320 7/14/2011 7/23/2011 5WEASAAIbCJ554068 28 30 30 10 Lift Diesel 2655 FX 2656 2011 FADorado Aero Aute Navistar 320 7/152011 7282011 5V✓EASAAL1CJ554057 28 30 30 10 Lift Diesel 2656 FX 2657 2011 FADorado Aero Aute Navistar 320 7/152011 7282011 SV✓EASSAL7CJ554063 28 30 30 10 Lift Diesel 2657 FX 2658 2011 FADorado Aero Elite Navistar 320 7/15/2011 7/22/2011 5WEASSAL2CJ554066 28 30 30 10 Lift Diesel 2658 FX 2659 2011 FADorado Aero Elite Navistar 320 7/18/2011 8/10/2011 5WEASAALl CJ554060 28 30 30 10 Lift Diesel 2659 FX 2660 2011 FADorado Aero Elite Navistar 320 7/18/2011 8/10/2011 5WEASAAL9CJ554064 28 3030 10 Lift Diesel 2660 FX 2661 2011 FADorado Aero Elite Navistar 320 7/18/2011 8/82V✓EAS 011 5SAHCJ554065 28 30 30 10 Lift Diesel 2661 FX 2680 2011 Glig 35 ft.HD LF 6/8/2011 825/2011 15GGB2714B1179460 35 32 32 19 Ramp Diesel 2680 FX 2681 2011 Glig 35 ft.HD LF 6/8/2011 824/2011 15GGB2716B1179461 35 32 32 19 Ramp Diesel 2681 FX 2682 2011 Glig 35 ft.HD LF 827/2011 10/3/2011 15GGB271BB1179462 35 32 32 19 Ramp Diesel 2682 FX 2683 2011 Glig 35 ft.HD LF 8/30/2011 10/1/2011 15GGB271BB1179463 35 32 32 19 Ramp Diesel 1 2683 SV 2562 1999 Che-olet Shop V22/2008 V22/2008 1GBJK34FXXF015969 7 2 n/a 0 No Diesel 2562 SV 2555 1998 Chep olet Lunina 1998 10@92007 2G1WL52K6W9268569 7 5 da 0 No 2555 FX=Fixed Route Bus MB=Mutt-bus(canplementary paratra-I SV=Service Vetucle Dubuque Bus Storage Facility August 28, 2014 Feasibility Study Dubuque Bus Storage Facility 2.3 Location A key element in maintaining an efficient and cost effective system is the reduction of the deadhead miles. Any proposed Bus Storage Facility (BSF) needs to be located near the Intermodal Campus or other bus transfer points, and have ready access to major roads. Two of the sites evaluated were on the west side of the City. These locations may, or may not, be viable options now, but may be good options for a satellite bus storage facility in the future as the City grows on the west end and the need for transit facilities increases. The BSF location should not impact schedule reliability and must be in near proximity to the core of the fixed route system, and the location should be appropriate for current land use. In order to meet any property acquisition requirements, should property need to be purchased for this use, site availability and ownership was also reviewed to verify that it did meet existing criteria as per City, state and/or federal requirements (e.g. the Uniform Relocation Act). 2.4 Environmental Environmental concerns were also part of the criteria. Any known environmental issues, such as historical importance, floodplain constraints, or hazardous materials would have to be addressed. 3. Site Analysis 3.1 Introduction Build and no-build alternatives were considered to determine the best solution to meet the transportation needs for the City of Dubuque. The no-build alternative was to maintain the existing bus storage facility, which is located at 2401 Central Avenue. Rebuilding on the existing site is considered as Alternative 8. Multiple sites for a build alternative were considered (See Figure 2.1A & 2.113). The build alternative evaluated a total often (10) sites, including rebuilding on the current site. Eight (8) of the sites evaluated are in downtown locations and are close to the core of the fixed route system. Two (2) of the sites evaluated are on the west side of the city. Because they are not near the core of the fixed route system,these locations are not viable options now, but could be considered as an option in the future as potential sites for a satellite bus storage facility as the City continues to grow to the west and the need for transit service on the west end of town increases. In the future, it may be possible to combine a satellite transit facility with another City service (e.g. a fire station) should both be needed to accommodate west-end growth. Figure 1.2 shows the area that was considered due to the current bus users, transfer points, and bus routes. Each of these alternatives is discussed below. 3.2 No-Build Alternative Disadvantage The no-build alternative was to maintain the existing bus storage facility on Central Avenue. The current facility's fueling station, which is no longer in service, is located inside of the building and is in violation of existing fire code. With the construction of a new transit transfer point at the proposed Intermodal Campus, impacts to the transit system would include increases in deadhead time, less efficient responses to emergency situations (e.g. bus breakdowns, incident on buses, etc.), and less efficient routing. In addition, the existing facility has a higher operational and maintenance cost to the transit system because of its extreme age, condition, and energy inefficiencies often found in old buildings. Major bus maintenance activities currently take place at the existing transit facility as well as at the City's Public Works facility. Heavy equipment used in performance of bus maintenance activities (e.g. floor hoist) are in need of major repair work or replacement. Primary access to the maintenance area of the current facility is through either the garage door located on the Dubuque Bus Storage Facility August 28, 2014 Feasibility Study Dubuque Bus Storage Facility south side of the building or an arch/pass-through that separates two sections of the facility. Both points of access are problematic because of the limited turning area(narrow alley-way and narrow doorways). Land uses would be expected to remain the same. No residences or commercial businesses would be taken, and access to adjacent properties and travel patterns would remain unchanged. Currently busses leave the building and idle in the mixed use neighborhood which includes residential use. Advantages The present facility is owned by the City. City residents are familiar with the site location. The site is currently on a bus line. Summary The No-Build Alternative would fail to meet the purpose and need for a modern bus storage facility to house the new transit fleet that serves the City of Dubuque. The No-Build Alternative would not reduce any of the current building and property maintenance costs in transit's operating budget. The economic and operational benefits found by having a BSF located in close proximity to the transportation system's hub at the Intermodal Campus would not be met by choosing the No-Build Alternative. 3.3 Build Alternative 3.3.1 Site ](Former ON Operations Center) —925 Kerper Boulevard, Dubuque IA Advantages: o City has owned and operated the site since 1971. o Two (2) blocks to the Intermodal Campus and primary transfer center for The Jule's fixed route system o Traffic access from both 9a' and 1 la' Streets o Existing building large enough to meet all requirements o Site size and configuration can accommodate bus staging (in and outside of the building) and employee parking and training o Major road access to US 61/151 and Kerper Boulevard o Reuse a brownfield site in the City's urban core o City has environmental clearance to reuse the site Disadvantages: o Direct route to Intermodal Campus has at-grade rail crossings; an indirect route to Intermodal Campus that does not cross rail line at-grade is via Kerper/Fengler/Rhomberg/Elm o Access by Mid-American to existing wells, used to monitor hazardous contamination, has to be maintained o Hazardous materials present prevents any excavation more than 6 ft. deep; however intended use of existing building allows site to be used without deep excavation 3.3.2 Site 2 (16th Street Detention Basin, North of 12`h Street—No street address, located in 1000 Block of E 12a' St., North Side of Street, Dubuque, IA Advantages: o Six (6)blocks to Intermodal Campus and primary transfer center o Site size and configuration can accommodate bus staging(inside of building) and employee parking o Major road access to US 61/151 and Kerper Boulevard Dubuque Bus Storage Facility August 28, 2014 Feasibility Study Dubuque Bus Storage Facility Disadvantages: o Property is not owned by City o Hazardous material prohibits excavation for building foundations o Direct route to Intermodal Campus has at-grade rail crossings; an indirect route to Intermodal Campus that does not cross rail line at-grade is via Kerper/Fengler/Rhomberg/Elm 3.3.3 Site 3 (AText to Detention Basin, South of 16`h Street) —No Street Address, Located 1200 Block of E 16d' St., South Side of Street, Dubuque, IA Advantages: o Property is owned by City o Site size and configuration can accommodate bus staging(inside of building) and employee parking o Major road access to US 61/151 and Kerper Boulevard o No environmental or hazardous material constraints Disadvantages: o Negative impact on existing traffic as current traffic does not flow at an acceptable level of service o Transit schedules could be impacted by traffic congestion that already exists in the area 3.3.4 Site 4 (Port of Dubuque, Adjacent to Star Brewery) — No Street Address, Located 400 Block E 5d' St., North Side of Street, Dubuque, IA Advantages: o Property is owned by City o Site size and configuration can accommodate bus staging(inside of building) and employee parking o No environmental or hazardous material constraints Disadvantages: o Adjacent to historic site; design would need to consider indirect adverse impacts to historic site o Increased deadhead travel as it is not in close proximity to Intermodal Campus as other evaluated sites o Transit schedules could be impacted as only one of the two access points into Port Area (3`d Street bridge) does not cross an active rail line at-grade o Negative impact to existing traffic patterns o Land use more suitable for other developments 3.3.5 Site 5 (Port o(Dubuaue, End of 3rd Street) —No Street Address, Located 500 Block of E 3`d St., End of 3`d St., Dubuque, IA Advantages: o Property is owned by City o Site size and configuration can accommodate bus staging(inside) and employee parking Disadvantages: o Increased deadhead travel as it is not in as close proximity to Intermodal Campus as other evaluated sites o Transit schedules could be impacted as only one of the two access point into Port Area (3`d Street bridge) does not cross an active rail line at-grade Dubuque Bus Storage Facility August 28, 2014 Feasibility Study Dubuque Bus Storage Facility o Land use more suitable for other developments o Environmental and hazardous material unknown 3.3.6 Site 6— 1100 Jackson St., Dubuque, IA Advantages: o Two (2)blocks to Intermodal Campus and primary transfer center o Access for buses from 11t' Street, 12a' Street, Washington Street or Jackson Street o No negative impact to schedule reliability o Appropriate use of land Disadvantages: o Property is not owned by City o Unknown archeological, historical or hazardous material conditions o Site size limits flexibility with no space for bus staging o Negative impact on existing traffic patterns 3.3.7 Site 7(North of 16`h Street) —No Street Address, 800 Block E 16a' St., North Side of Street, Dubuque, IA Advantages: o Site size and configuration can accommodate bus staging (in and outside of building) and employee parking o Major road access to US 61/151 and Kerper Boulevard Disadvantages: o Property is not owned by City o Negative impact on existing traffic pattern as current traffic does not flow at an acceptable level of service o Transit schedules could be negatively impacted by traffic congestion in area o Increased deadhead travel as it is not in close proximity to downtown area, fixed route core and Intermodal Campus than other evaluated sites o Direct route to Intermodal Campus has at-grade rail crossings; an indirect route to Intermodal Campus that does not cross rail line at-grade is via Kerper/Fengler/Rhomberg/Elm o Environmental and hazardous material unknown 3.3.8 Site 8 (Rebuild on existinQ site, Central Ave) —2401 Central Ave., Dubuque, IA Advantages: o Property is owned by City Disadvantages: o Historic structure more than 100 years old, and expensive to rehabilitate in conformance with Secretary of Interior Standards o Site does not have adequate room for maintenance or training functions and does not provide flexibility to allow site layout or traffic access points to be changed o Increased deadhead travel as it is not in close proximity to downtown area, fixed route core and Intermodal Campus than other evaluated sites o Not close to fueling station and no longer able to fuel on site Dubuque Bus Storage Facility August 28, 2014 Feasibility Study Dubuque Bus Storage Facility 3.3.9 Site 9 (Kennedv Circle Jule Transfer Rt.) —3355 JFK Circle, Dubuque, IA Advantages: o Appropriate use of land o Site is a bus transfer point o No impact to Schedule Reliability o No impact to existing traffic o Location may be beneficial as City continues to expands westward Disadvantages: o Property is not owned by City o Increased deadhead travel as it is far from downtown area, fixed route core and Intermodal Campus o Site size limits flexibility o Environmental and hazardous material unknown 3.3.10 Site 10 (West of NW Arterial, South of Chavenelle) — No Street Address, 4400 Block Chavenelle Rd, North Side of Street, Dubuque, IA Advantages: o Appropriate use of land o Site size provides flexibility o Major road access to US 20 o No impact on existing traffic o Location may be beneficial as City continues to expands westward o City may be able to purchase property for a reasonable amount Disadvantages: o Increased deadhead travel as it is far from downtown area, fixed route core and Intermodal Campus o Topography and wetlands limit site configuration o Property is not owned by City 3.4 Committee Process The steering committee members, consisting of Dave Heiar, Laura Carstens, Todd Irwin, Candace Eudaley, Jodi Johnson, Chandra Ravada, and Chairperson Barbara Morck, met on 1/24/13, 2/1/13, and 2/22/13. Not all committee members were able to attend each meeting; however, distribution of meeting minutes kept committee members informed and able to provide feedback. The steering committee rated the sites on a scale using 1 as meets objective, 0 as neutral, and -1 as fails to meet objective. As a result of the ranking Sites 1 and 3 received the highest ranking. The Bus Storage Facility (BSF) Site Evaluation Criteria Matrix is shown in Table 3.3. Dubuque Bus Storage Facility August 28, 2014 Feasibility Study Dubuque Bus Storage Facility Table 3.3 City of Dubuque,Bus Storage and Training Facility SITE EVALUATION CRITERIA Site Location Transportation Environmental Remarks Frx 3 _ 3 3 _ yr _ G fP d 3 < d d n s o SN Selection Criteria Proposed Sites 1 Former City Operations Center 1 1 1 1 1 1 1 0 1 1 1 1 1 1 1 0 1 1 0 1 17 1 2 16th St.Detention Resin,North of 12th St. 1 1 1 -1 1 1 1 0 1 1 1 1 1 1 1 -1 1 1 -1 1 13 3 3 Ned to Detention Resin,South of 16th SI. 1 1 1 1 1 1 0 0 1 1 1 1 0 1 0 1 1 1 1 1 14 2 4 Pod of Dubuque,Adjacent to Star Brewery 1 1 1 1 0 0 0 0 0 1 1 1 0 1 0 1 1 -1 1 1 9 5 5 Pod of Dubuque,End of 3rd St. 1 1 1 1 0 0 0 0 0 1 1 1 0 1 0 0 1 1 0 1 9 5 6 1100 Jackson St. 1 -1 1 -1 1 1 1 1 0 1 0 1 1 1 1 0 1 0 0 1 11 4 7 North of 16th St. 1 1 1 -1 1 0 0 0 1 1 1 1 0 1 0 0 1 1 0 1 9 5 8 Rebuild on Existing Site,Central Ave 0 -1 1 1 -1 1 1 0 -1 1 1 0 -1 0 0 1 1 -1 0 1 0 9 9 Kennedy Circle Jule Transfer Rt 1 0 1 -1 1 0 1 1 -1 -1 1 0 1 1 1 1 1 1 0 1 8 8 10 IVV.3t of NW Arterial,South of Chavendle 0 1 0 1 0 1 1 -0 -1 -1 -1 1 1 -1 1 -0 0 -1 1 Swnng System Meets our Objective 1 eutral 0 Fails to meet our Objective -1 4. Preferred Alternative 4.1 Introduction Based on the information presented, the Build Alternative using Site 1 (Former City Operations Center) was selected by the steering committee as the preferred alternative. This location was presented to the Transit Advisory Board on March 14, 2013, and to the City Council on May 6, 2013, and was approved by both. The location of the Bus Storage Facility (BSF), as proposed, is in an area bounded by Kerper Boulevard, 111' Street, and Pine Street, and is shown on Figure 2.2.1. The property has been owned by the City since 1971 and has a land value of$573, 000 (based on an assessment from 2013). The land value will not be used as a local match for the federal funding. The appraisal has been attached (Attachment 2). Dubuque Bus Storage Facility August 28, 2014 Feasibility Study Dubuque Bus Storage Facility 4.2 Advantages This site was selected as the bus site for the BSF for the following reasons: o The site is owned by the City of Dubuque (since 1971), so no additional acquisition or relocation costs would be incurred. o The site has environmental clearance. o The site is near the Intermodal Campus, allowing for more consistent bus schedules and reduction in deadhead time. o The site has easy access to Kerper Boulevard allowing a feasible alternative route to the Intermodal Campus using Fengler Street, Rhomberg Avenue and Elm Street, if trains are blocking 91' Street, 111' Street or 10" Street. o The conversion to two-way traffic on 9a' Street, 11"' Street, Pine Street, and Kerper Boulevard, which is anticipated to occur in 2014, making the site even more convenient. o The proposed Bus Storage and Training Facility is an appropriate use for this existing, mostly vacant building. o The drive distance between this location and the Public Works facility where fleet maintenance occurs is 1.4 miles less than from the current bus storage facility. o The site has sufficient land space to allow for expansion of the bus storage area, such as a sprung structure. 4.3 Disadvantages The disadvantages for the site can be addressed and mitigated through the design process. Specifically: o The hazardous materials underground prevents any excavating more than 6 ft. deep. Since the current building is large enough to permit all storage and training function to be done inside, excavation to provide for deep building foundations is not required. Additionally, an impervious surface may be applied to the surround surface lot/area, further reducing any possibility of contact with subsurface materials. o Use of this site requires that Mid-American be able to have ready access to existing monitoring wells. Access to the monitoring wells will be addressed in the design process; access can be maintained. o The direct route from the proposed site to the Intermodal Campus crosses at-grade active railroad tracks. There is a less direct route alternative that does not cross any at-grade tracks using Kerper/Fengler/ Rhomberg/ Elm. 4.4 Disposition of Existing Facility If transit is no longer present at the current site it would reduce the impact the current facility has on the adjacent neighborhood. The City is looking at alternative uses such as unconditioned (no heat or air- conditioning) indoor storage for the existing site. This would allow the historic nature of the existing site to remain and be more compatible with the neighborhood as well as lessoning the traffic impacts the busses currently have on Central Avenue. Dubuque Bus Storage Facility August 28, 2014 Feasibility Study Dubuque Bus Storage Facility 5. Preferred Site Operation and Layout 5.1 Introduction This section presents an analysis of the operational feasibility of the proposed site for a Bus Storage Facility (BSF). The BSF would consist of bus storage space, training space, dispatch, offices and restroom space, and a small public space for tickets/bus pass sales. The minimum square footage needed to accommodate the proposed storage facility is estimated to be approximately 35,000 square foot. This proposed facility involves the reuse of the former City Operations Maintenance Facility which has 41,625 square feet. The current City of Dubuque flood maps indicate the subject property is protected from the 100-year flood by a provisionally accredited levee. The City has undergone an extensive analysis of the existing floodwall and its ability to protect the city from the 100 year flood event, and have received new flood map panels that reflect that the levee is certified. These panels are in effect on August 19, 2013. The proposed site is zoned as Heavy Industrial. Allowable uses for areas zoned as heavy industrial are indicated in Attachment 1. The proposed site is adjacent to industrial uses and between two streets which have truck and industrial traffic. The current US 61/151 overpass and railroad track which separates the proposed facility from the proposed Intermodal Transportation Campus also serves to provide separation and buffer from the residential and retail developments west of the proposed site. The facility will reuse the existing footprint and structural framework of the former City Operations Maintenance Facility. 5.2 Interior Space Program The BSF building will include office space for an operations supervisor, operations assistant/driver trainer, transit clerk, three dispatchers, mechanic/service person(s). Additional office area space needed in the BSF will include an employee break area (table, chairs, and small kitchenette), male and female restrooms and locker rooms (toilets, showers, and hand sinks), a training center with room for approximately 60 staff, as well as an IT room for building technology. A driver training room will be provided to allow for monthly and additional new staff training sessions for up to 60 participants. The Jule has 57 part time drivers, 3 full time drivers, 2 service workers and 3 agement staff and a training center for approximately 60 staff will be adequate to accommodate alMFaff for training sessions. The BSF will provide for a small public lobby space where tickets/bus passes can be purchased by the general public. The maintenance area will include spaces for parts storage (filters, belts, light bulbs, wiper blades, ITS equipment, signage and fixtures, etc.), an area to house cleaning, anti-freeze, windshield wiper fluids that are used in daily maintenance of the vehicle fleet. A large parts storage area will be used for lawn maintenance, snow removal floor sweeping, large ladders and other maintenance equipment. There will also be a workroom with a maintenance office space provided within. There will be a secured vault room for working on delicate vehicle electronics. There will also be separate locker rooms with shower rooms off of them. Space will be provided for future growth in either office space or training space. The remainder of the building will consist of bus wash area, indoor bus storage area for storage of the current bus vehicle fleet as well as providing space for future fleet growth. The capacity of the additional bus storage space will be dependent on the size of the future vehicles purchased. The areas within the proposed facility are identified in Table 5.2 with a conceptual floor plan shown in Figure 2.3. The current building is located on one floor and all remodeling will be in compliance with current ADA requirements, which currently are the 2010 ADA Standards for Accessible Design as developed by United States Department of Justice. The Dubuque Bus Storage Facility August 28, 2014 Feasibility Study Dubuque Bus Storage Facility City of Dubuque is committed to assuring all new or remodeled facilities meet the guidelines for ADA accessibility. Table 5.2 - INTERIOR SPACE DESCRIPTION QUANTITY UNIT AREA TOTAL AREA Public Lobby 1 170 170 Operations Supervisor Office 1 195 195 Open Office for dispatchers 1 350 350 Office 2 125 250 Break Room 1 315 315 Conference Room - 60 Staff 1 1,660 1,660 Mens Restroom - 3 Fixtures 1 265 265 Womens Restroom - 3 Fixtures 1 265 265 Shower Room 2 60 120 Maintenance Office 1 185 185 Secured Vault Room 1 110 110 Storage - Office Supplies 1 180 180 IT Room 1 105 105 Parts Storage 1 355 355 Large Equipment Storage 1 555 555 Interior Bus Storage 1 28,345 28,345 Future Office Expansion Space 1 6,230 6,230 Building Area Subtotal - Net 39,655 Circulation/Grossing Factor 1,970 Building Total Area- Gross 41,625 5.3 Exterior Space Program While it is intended that all buses will be stored inside the facility, some exterior space will be required for staging of buses waiting for cleaning and processing. It is estimated that 30 exterior parking spaces will be needed for employees and 3 spaces for visitors. The proposed site has adequate exterior space for outside bus staging and employee/visitor parking. An ADA accessible route will be provided for pedestrians from the accessible parking spaces. As shown in Figure 2.2.1, the layout provides adequate circulation room for busses to the facility entrance. The lot will have landscaping, including some berms, to improve the scenery for motorists passing by. A CDL/Safety Training area is shown on the layout due to the large parcel size. This will allow for all driver Dubuque Bus Storage Facility August 28, 2014 Feasibility Study Dubuque Bus Storage Facility safety training to be held on site. An impervious surface will be applied to the surrounding surface lot/area, further reducing any possibility of contact with subsurface materials. At this time, joint use is not anticipated. Exterior areas are identified in Table 5.3, and shown on Figure 2.2.2. Table 5.3 Exterior Space Program Needs SPACE DESCRIPTION AREA S.F. Landscaping 54,888 Traffic Flow Area 66,542 CDL/Safety Training Area 50,166 Employee Parking 12,400 Visitor Parking 1,000 Bus Staging Area 6,797 Exterior Total Area 191,793 5.4 Testing the Operational Feasibility of the Preferred Site The Jule was involved in the Site Selection Study and has found the access to/from the facility and the surrounding area to be acceptable and that it allows for a regular and consistent adherence to the transit schedule. The most direct route from the preferred site to the Intermodal Campus crosses at-grade active railroad tracks; however this is not expected to affect the transit schedules. The busses will only be crossing the railroad tracks twice daily, when leaving the facility to start the route and returning at the end of the shift. The train schedules are very consistent and the bus drivers will be able to determine the best time to cross the tracks. In the event of something unforeseen, there is an alternative, although less direct route, buses could use without crossing active at-grade railroad tracks. Use of the alternative route would cause some delay in transit schedules unless the drivers were aware of the potential track blockage and left the storage facility five (5) minutes earlier than typical to reach the transfer point. The two-way street conversion of 91' Street, l la' Street, Pine Street, and Kerper Boulevard is anticipated to occur in 2014; this conversion will give varied options to access the Intermodal Campus, the downtown area and the fixed route core. 5.5 Site Lavout The Bus Storage Facility (BSF) will fit in the existing, mostly vacant building on the site. The BSF will also provide offices for The Jule Transit Manager as well as other Jule staff. Figure 2.3 shows a site layout for the buses which accommodates pull-through into the bus storage as well as an area for training. Figure 2.lA shows a layout of the existing site and the relationship to Kerper Boulevard, Pine Street, and l la' Street. Figure 2.2.1 shows that the turning movements of the vehicles can be accommodated on this site. 5.6 Operation and Maintenance Costs An estimated operating and maintenance cost of the proposed BSF is based on discussions with the City of Dubuque Transit Division and their typical operating costs. During design, the grantee agrees to perform an energy assessment for any building constructed, reconstructed, or modified with FTA assistance, as provided in Dubuque Bus Storage Facility August 28, 2014 Feasibility Study Dubuque Bus Storage Facility FTA regulations, "Requirements for Energy Assessments," 49 C.F.R. Part 622, Subpart C, and incorporate all feasible recommendations from the energy assessment. The City of Dubuque has a policy of sustainability whenever practical in building reuse. This is a reuse of an existing site minimizing the environmental impact of a new bus storage facility. The detailed cost analysis is shown in Table 5.6 & 5.8. Table 5.6—Operation and Maintenance Costs Table 5.6.1 Wage and Benefits Costs Based on FY 2013 to-date actual and FY 2014 projected budget(s): FT Employee (1 FTE Service Worker/Building Maintenance) $49,176 (base pay) Employee Benefits $19,441 Employee Physicals $100 Total Estimated Wage & Benefit Expenses $68,717 Table 5.6.2 Operation and Maintenance Costs Based on FY 2013 to-date actual and FY 2014 projected budget(s): Cost of Operations (includes Fixed Route, Mini-Bus, Trolley Service and Bus Maintenance) Uniforms Purchases $6,000 Postage & Shipping $900 DP Equip. Maint. Contracts $5,100 Office Supplies $2,000 O/E Maint. Contracts $0 Printing/Binding $9,000 Total Supplies & Services $23,000 General Liability Insurance $40,000 Property Insurance $3,000 Total Insurance Tax & Damage $43,000 Travel-City Business $1,600 Education/Training $5,600 Total Travel Related Costs $7,200 Utility Exp-Refuse $1,000 Utility Exp-Gas $25,000 Utility Exp-Electric $24,000 Dubuque Bus Storage Facility August 28, 2014 Feasibility Study Dubuque Bus Storage Facility Telephone $5,000 Property Maintenance $5,000 Total Utility & Prop Maintenance $60,000 Motor Vehicle Maint. $150,000 Total Motor Vehicle $150,000 Table 5.6.2 Operation and Maintenance Costs (Continued) Annual Alarm Monitoring and Service $920 Data Processing $1,000 Mach. /Equip. Maint. Outsource $12,000 Equip. Maint. Contracts $4,000 Programming $600 Custodial/Janitorial Supplies $2,500 De-Icing Products $1,500 Mach./Equip. Maint. $1,500 Total Maintenance & Operating $24,020 Audit Services $2,000 Total Contractual Services $2,000 Total Supplies & Services $309,220 Dispatch Equipment $80,000 (desktop 2-way radios system, telephones, etc.) Misc. Office Equipment $3,000 Total Office Equipment $83,000 Desks, Chairs, etc. $5,000 Total Office Furniture $5,000 Snow Blower $2,000 Total Property Maint. Equip. $2,000 Total Equipment $90,000 Total Estimated Operating Expenses $442,220 Dubuque Bus Storage Facility August 28, 2014 Feasibility Study Dubuque Bus Storage Facility Total Estimated Annual Reduction in Operating Expenses* $36,337 5.7 Initial Facilitv Construction Costs The building construction costs, which were developed as part of this document, take the following details into account. The demolition and removal of the existing building envelope, down to the existing building concrete floor slab, which would remain. The concert floor slab will be covered with epoxy coat to avoid vapor intrusion into the building. The new construction would consist of new steel columns for support of the architectural tilt- up precast wall panels as well as a low slope roof structure with a single ply roofing membrane. Interior walls would consist of both concrete masonry walls as well as metal studs with gypsum board. The building would meet all current local and state energy codes as well as provide natural daylight into the interior bus storage and maintenance areas in an attempt to reduce the use of interior lighting and as a result, reduce the electrical demand of the building. Separate roof top mechanical systems will be provided for the interior bus storage area, the maintenance area as well as the office area. As an option, we looked at the possibility for the use of the interior bus storage area, as well as the shower and locker rooms, to function as a public shelter space in the event of an area power outage or natural disaster. In order for this to be feasible, we looked at providing air conditioning to the indoor bus storage area as well as a generator to provide backup power for the interior bus storage area as well as the shower and locker rooms. These additional costs are listed under the Additional Project Items in Table 5.7. The square foot costs associated with the building areas were developed by taking information from the 2012 RSMeans Square Foot Costs. Dubuque Bus Storage Facility August 28, 2014 Feasibility Study Dubuque Bus Storage Facility Table 5.7 Initial Facility Construction Costs QUANTITY UNIT AREA TOTAL AREA Public Lobby 1 170 170 Operations Supervisor Office 1 195 195 Open Office for dispatchers 1 350 350 Office 2 125 250 Break Room 1 315 315 Conference Room-60 Staff 1 1 1,660 1,660 Mens Restroom-3 Fixtures 1 265 265 Womens Restroom-3 Fixtures 1 265 265 Shower Room 2 60 120 Maintenance Office 1 185 185 Secured Vault Room 1 110 110 Storage-Office Supplies 1 180 180 IT Room 1 1 1 105 105 Parts Storage 1 355 355 Large Equipment Storage 1 555 555 Interior Bus Storage 1 28,345 28,345 FINISHED OFFICE AREA-GROSS 6,285 $ 659,925.00 FUTURE OFFICE EXPANSION AREA-GROSS 6,230 $ 311,500.00 INTERIOR BUS STORAGE AREA-GROSS 29,110 $ 2,619,900.00 TOTAL BUILDING AREA 41,625 BUILDING CONSTRUCTION COST SUB-TOTAL $ 3,591,325.00 SITE COSTS-FIBER OPTICS $80,000.00 SITE COSTS-SANITARY SEWER RECONSTRUCTION $80,000.00 SITE COSTS-SITE PAVING-6"CONCRETE WITH 12"BASE STONE (INCLUDES TRAINING AREA) 136,905 $599,980.00 SITE COSTS-LANDSCAPING AND FENCING 62,770 $68,600.00 SITE CONSTRUCTION COST SUB-TOTAL $828,580.00 PROJECT CONSTRUCTION COST SUB-TOTAL $ 4,419,905.00 SOFT COSTS-SEE TABLE 5.7.1 $721,391.45 CONTINGENCY 15% $771,194.47 ESTIMATED TOTAL PROJECT COST $5,912,490.92 EPDXY FLOORING OVER ENTIRE FLOOR AREA $250,000.00 EMERGENCY GENERATOR $100,000.00 BUS WASH AREA EQUIPMENT WITHIN FACILITY-SEE TABLE 5.7.2 $65,000.00 SERVICE WORKER EQUIPMENT WITHIN FACILITY-SEE TABLE 5.7.2 $77,000.00 SECURITY CAMERAS $95,000.00 ESTIMATED TOTAL PROJECT BUDGET $6,499,490.92 Dubuque Bus Storage Facility August 28, 2014 Feasibility Study Dubuque Bus Storage Facility Table 5.7.1 -Soft Costs for Building Construction: Land Acquisition 1 LS $ - Professional Design Fees 1 LS $ 420,291 City Staff Project Administration 1 LS $ 100,000 Testing and Construction monitoring 1 LS $ 50,000 Printing and Reimbursable Costs 1 LS $ 10,000 Builders Risk Insurance 1 LS $ 2,500 Site Survey 1 LS $ 2,500 Hazardous Building Material Assessment 1 LS $ 2,500 Furniture& Equipment 1 LS $ 98,100 Kitchen Equipment/Appliances 1 LS $ 5,000 Telephone/Voice Conductors, Devices& Equipment 1 LS $ 7,500 Data/Technology Conductors, Devices&Equipment 1 LS $ 15,000 Security Systems 1 LS $ 2,500 Uninterruptible Power Supply System 1 LS $ 5,000 Signage 1 LS $ 500 Interior Decor 1 LS $ 500 Moving 1 LS $ 5,000 Open House/Ribbon Cutting 1 LS $ 4,500 AL Soft Cost Subtotal $ 721,391 5.7.2 Transit Equipment within Facility Costs Bus Wash Area Equipment Air compressor with air-dryer and electrical and roughed in plumbing $40,000.00 Cleaning equipment and shelving with cupboards $10,000.00 Air hose and fluid reels with plumbing $10,000.00 Water hose $5,000.00 TOTAL $65,000.00 Service-Worker Facility Used 5000 lb. fork-lift $20,000.00 Work benches $5,000.00 Shelving $5,000.00 Tire racks $3,000.00 Lift jacks for wheel removal $6,000.00 Bus Training Body $38,000.00 TOTAL $77,000.00 Dubuque Bus Storage Facility August 28, 2014 Feasibility Study Dubuque Bus Storage Facility 5.8 Proposed Financing Initial Construction The City of Dubuque has State of Good Repair Grant (SGR) funding in the amount of $961,827, Surface Transportation Program (STP) funds of $2,585,827, Public Transit Infrastructure Grant (PTIG) funds of $600,000 from Iowa Department of Transportation (IADOT) and $ 1,036,914 in local match from the City of Dubuque. The City will be applying for additional federal funding that in combination with the SGR, STP and PTIG funds would provide 80% of the cost to construct the Facility. The 20% local match will be funded by City. Table 5.8 provides the funding breakdown of existing funds. 5.8 Funding breakdown of existing funds Financial Plan FY 14 FY 15 FEDERAL State of Good Repair Grant IA-04-0124-00 961,827 Surface Transportation Program (STP) funds Grant IA-95-X021 1,200,000 Future Surface Transportation Program (STP) funds 1,385,827 Total Fed 2,161,827 1,385,827 Cum Total Fed 2,161,827 3,547,654 LOCAL MEN- A State Grant Public Transit Infrastructure Grant 600,000 Cash 540,457 496,457 Total Local 540,457 1,096,457 Cum Total Local 540,457 1,636,914 Annual Total Federal and Local Funds 2,702,284 2,482,284 Cumulative Total Federal and Local Funds 2,702,284 5,184,568 Ongoing Operation Cost The operational costs are expected to decrease at the proposed facility by $36,377 due to reduced utility costs. Current operations costs are funded through FTA Operating Assistance, State-Aid Operating Assistance, Advertising Revenue and City of Dubuque property tax support. Operations will continue to be funded through these sources. 5.9 Project Schedule See attached Schedule (Figure 2.5.)pending funding requirements. Dubuque Bus Storage Facility August 28, 2014 aoaaao��a s i= HRM =rartl,e. nanls nlSleSv3A a E nae€ �� dllMMErrAGNW3UMssne3noneno '• :� '`r.w:.� - rR f dr s G�' �•�- I G 4 QRS 0. �z PY ppb gw V 4d g dr d` g Po '6 E'. G � e g "59 tl e t m � e� s _ R F 9 MEN «� r 11/ III i',o yyv m96 I II I ♦ Ilil r,!. I x � ft 2 --_-- __ ._�. 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T (50)M 210lo�office 864 Ifs J) (563)589-4210 f.. (563)589-4221 (563)690-667 M8 TDD Masterpiece on the Mississippi pl-ng@'tyadubnqueurg www.dtyafdubuque.o g i May 7, 2013 Julie Neebel, P.E. IIW Engineers & Surveyors 4155 Pennsylvania Ave. Dubuque, IA 52002-2628 Dear Julie: This letter is in response to your request for the flood plain status of the property at 925 Kerper Boulevard in Dubuque. The subject property is protected by the City's Mississippi River Levee. This Levee was built beginning in 1968, andhas protected ! the subject property as well as the entire riverfront of the city of Dubuque since 1971. At no time since the Levee was built, has any property under its protection been flooded by the Mississippi River. The City's current flood maps indicate that 925 Kerper Boulevard is protected from the , 100-year flood by a provisionally accredited levee. The City of Dubuque has completed a two-year process of recertifying the floodwall with Federal Emergency Management Agency (FEMA) representatives. The City of Dubuque has gone through an extensive analysis of the existing floodwall and its ability to protect the city from the 100-year flood event, and has received new flood map panels that reflect that the levee is certified. These panels will go into effect August 19,' 2013. Please review the information in this letter, and then contact me or Associate Planner SII, Kyle Kritz if you need additional information or clarification of this information. Sincerely, Laura Carstens Planning Services Manager/Community Flood Plain Administrator I I Se[vke Purple Wegrity Rcapu.ibillty Inrwverion Teamwork I I Attachment 2 5-19 HI Heavy Industrial The HI District is intended to provide locations for industrial uses which by their nature generate levels of smoke,dust,noise,odors, or other visual impacts that render them incompatible with virtually all other land uses.The district is also intended to provide locations for a limited amount of commercial development that will serve employees of surrounding industrial uses. 5-19.1 Principal Permitted Uses The following uses are permitted in the I-II district: 1. Agricultural supply sales 2. Animal hospital or clinic 3. Auto pazt sales 4. Automated gas station 5. Bakery(wholesale/commercial) 6. Bank,savings and loan, or credit union 7. Bar or tavern 8. Business services 9. Carwash, full-service 10.Carwash,self-service 11.Cold storage or locker plant i 12. Construction supply sales and service 13. Contractors shop or yard 14.Convenience store 15. Crematorium,reduction plant,foundry,forge or smelter 16. Drive-up automated bank teller 17. Farm implement sales, service or repair 18. Freight transfer facility I 19. Fuel or ice dealer 20.Furniture upholstery or repair Attachment 2 i 21. General office 22. Grain or barge terminal j 23. Indoor recreation facility 24. Indoor restaurant 25. Junkyard or salvage yard i 26. Kernel 27. Laboratory for research or engineering 28. Lumberyard or building material sales 29. Mail order house 30. Manufacturing,primary 31.Manufacturing,secondary 32. Dental or medical lab 33. Mini-warehousing 34.Mobile home sales 35.Moving or storage facility 36. Off street parking lot 37.Packaging,processing, or storing meat,dairy or food products 38. Passenger transfer facility 39. Parking structure 40. Resource recovery/recycling center(outdoor/indoor). 41.Pet daycare or grooming 42. Printing or publishing 43.Railroad or public or quasi-public utility,including substation 44.Restaurant,drive in or carryout 45. Sanitary landfill i Attachment 2 �I 46. Service station 47. Sewage treatment plant 48. Slaughterhouse or stockyard 49. Tool, die,or pattern making 50. Upholstery shop 51. Vehicle body shop 52.Vehicle sales or rental 53. Vehicle service and repair 54. Vending or game machine sales or service 55. Warehousing,packaging,distribution or storage facility 56. Welding services 57. Wholesale sales or distributor 5-19.2 Conditional Uses The following conditional uses may be permitted in the HI district,subject to the provisions of Section 8-5: 1. Licensed adult day services 2. Licensed child care center i 3. Residential use 4. Retail sales and service 5. Wind energy conversion system 5-19.3 Accessory Uses j The following uses are permitted as accessory uses as provided in Section 3-7: 1. Any use customarily incidental and subordinate to the principal use it serves. 2. Wind turbine(building-mounted). 3. Drive-up automated bank teller, i i Attachment 2 5-19.4 Temporary Uses The following uses may be permitted as temporary uses in the HI district in conformance with the provisions of Section 3-19: 1. Any use listed as a permitted use within the dishict. 5-19.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-19.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5.19.7 Bulk Regulations Mild Lot in HI Heavy Industrial I'd red. ft ._NQhicle$alas 20 )GO' All Other Uses -- -- --- -- --- 'When abutting a residential or office-residentail district,a 20-foot side setback is required. z When abutting a residential or office-residentail district,a 20-foot side setback is required. - i I I II Attachment2 � x0 e . ......... j ly J Aj 4 Q IJI 74K 35 7 Attachment 2 - � \ � a ° _e_e