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HomeMy WebLinkAboutCity of Iowa City - Request for QualificationsOn-Call Professional Design and Engineering Services (2020-2022) Page 1 Request for Qualifications Request for Qualifications On-Call Professional Design and Engineering Services (2020-2022) May 1, 2020 Summary The City of Iowa City, Iowa (City) is soliciting qualifications submittals from interested consultants to provide professional engineering and design services for City projects. It is anticipated multiple consultants will be selected from this process, and the selected consultants will aid in the planning, design, bid document development, and limited construction period services for projects. Submittals in response to this Request for Qualifications will be used to evaluate and rate consultants for work on a variety of City projects. Successful consultants will be selected for each of five (5) categories based on their specific expertise as demonstrated in their response to this Request for Qualifications. The successful candidates will be utilized for contracts approved through December 31, 2022. To submit qualifications, consultants must include information as described in this Request for Qualifications. Table of Contents Purpose and Background……………………………………………………page 2 Scope of Services………...………………………………………………… page 3 Minimum Qualifications …………………………………………………... page 3 Costs…………………...…………………………………………………… page 4 Schedule……………………………………………………………………. page 4 Consultant Selection Process………………………………………………. page 4 Submittal Contents………………………………………………………….page 5 Contract Documents……….………………………………………..………page 6 Submittal Instructions and Deadline……………………………………….. page 7 Inquiries……..………………………………………...…………………….page 7 Distribution List……………………………………………………………. page 8 Consultant Agreement.…………………………………...………........Appendix A Wage Theft Policy…………………………………...………………...Appendix B Contract Compliance...…………………………………...………........Appendix C Reference Form...………………………………………...………........Appendix D On-Call Professional Design and Engineering Services (2020-2022) Page 2 Request for Qualifications Purpose and Background The City of Iowa City requests qualifications submittals from consultants to provide design and engineering services related to Iowa City public improvement projects. It is the intent of the City of Iowa City that multiple consultants will be selected to assist the City with design services, based on consultants’ individual expertise and past performance. The qualification submittals will be used as the basis for awarding design contracts through December 31, 2022. The City of Iowa City encourages firms and consultant teams with expertise in one or more of the specific disciplines described below to submit a response to this Request for Qualifications. Consultants may elect to submit on one or more of the project categories. The following project categories will be considered as a part of this Request for Qualifications: • Bridges – Includes bridge and culvert inspections, replacements and improvements. • Buildings and Architectural – Includes building repairs, restorations and improvements • Parks – Includes park shelters, playgrounds, trails/sidewalks, landscaping and other related work within City parks, on City properties or within City rights-of-way. • Public Utilities – Includes water main distribution and sanitary and storm collection system repairs and improvements. • Street Improvements – Includes street construction and reconstruction, as well as public utilities, sidewalks, curb ramps, lighting, traffic signals and other related work. Submittals received in response to this Request for Qualifications will be the basis for consultant selection for a variety of projects over an approximate three-year period. The estimated total costs for projects, per category, considered with this Request for Qualifications are listed below: Project Category Estimated Project Costs Bridges $2,750,000 Buildings and Architectural $3,882,569 Parks $4,815,000 Public Utilities $9,123,000 Street Improvements $33,406,776 Information from the City’s Capital Improvement Plan (CIP) can be found on the City’s website at https://www.icgov.org/budget. It is anticipated that public improvement projects with funding available in 2020–2022 and requiring design consultant services that are not currently included in a design contract would be considered under this Request for Qualifications. Projects are expected to occur over a number of years with different construction years, and award of project design contracts may be delayed to better align with project funding. This project list is intended to give respondents an idea of the approximate range and variety of projects to be considered with this Request for Qualifications. The list is not complete, and projects may be added, revised or deleted at the City’s discretion. In addition, the City of Iowa City, at its sole discretion, reserves the right to determine the category, or categories, for which consultants will be considered based on their submittal. On-Call Professional Design and Engineering Services (2020-2022) Page 3 Request for Qualifications Scope of Services The information provided in this section is not intended to comprise a detailed scope of services that will be required in a final consultant contract but is intended to provide general information to firms that choose to submit qualifications. The City will negotiate the detailed scope of services and fee with the selected firm for each project. Each contract for engineering and design services will be a full-service design contract that may include, but is not limited to, the following: • Conduct a kick-off meeting with City Staff. • Review available information provided by the City. • Survey and field verify the project area (using the Iowa State Plane South Coordinate System). • Survey boundary work and preparation of acquisition plats, as needed. • Create a base map for use during design and project document development. • Project team meetings (City and Consultant staff) and field visits as necessary. • Provide project plans, including estimate of construction costs, for review at approximately 30%, 60%, 90% and 100% completion. • Provide project manual, including specifications, for review at approximately 60%, 90% and 100% completion. • Coordinate with private utility companies, as needed, for required relocations. • Meet with City Staff to discuss and review comments. • Individual property owner meetings and public meetings. • Provide final bid documents, including a final estimate of construction costs. • Bid phase services, as necessary, including but not limited to, assisting the City in responding to bidder inquiries on technical matters and preparing the appropriate clarifications and addenda. • Construction period services, including but not limited to, attending construction meetings and issuing meeting notes, shop drawing review, responding to Requests for Information (RFIs), issuing Instructions to Contractors (ITCs), preparing punch lists, assisting with closeout and providing as-built record drawings based on contractor mark-ups. Following selection of a preferred consultant for each project, the City will meet with the selected consultant to negotiate final project design scope and fee. Minimum Qualifications To be considered, consultants must document the knowledge, skills, and abilities of the firm an d team members. If, at the City’s discretion, no consultant submissions meet the minimum qualifications for one or more categories, the City of Iowa City reserves the right to decline all submittals and proceed with another consultant selection process. On-Call Professional Design and Engineering Services (2020-2022) Page 4 Request for Qualifications Costs Firms participating in the consultant selection process will be responsible for all costs incurred to respond to this Request for Qualifications. Schedule Tentative consultant selection timeline is as follows: • Submittals are due no later than 4:00 p.m. Central Standard Time (CST) on June 1, 2020. • Evaluation of submittals complete and scoring of consultants for on-call services approximately June 26, 2020. • Award of contracts is expected to vary between July 2020 and December 2022. Consultant Selection Process The City will evaluate, score and rank submittals using the following evaluation criteria: Criteria Points Qualifications and Key Personnel 50 Points Project Approach 20 Points Fees and Rates 20 Points References 10 Points Submittal Maximum Points 100 Points Submittals will be scored and ranked in order from highest to lowest score for each category. Consultant selection for contract negotiations for specific projects will be based on the scores for the project category, consultant availability and input from the Selection Committee. Consultants may be selected for more than one category. The City reserves the right to make a final selection of a consultant for a specific project based on the combined results and/or the consensus of the Selection Committee. The City makes no guarantee that a consultant submitting qualifications will receive a design contract, and contracts within a category may be limited to one or more consultant(s). The Selection Committee consists of several members of the Engineering Division, and other City departments as needed. Submittals will be reviewed based on the submittal contents described below and evaluated based on the evaluation criteria. The firms deemed best qualified by the Selection Committee for each project category will be selected for negotiations related to final project design scope and fee. Should the City and Consultant not be able to reach an agreement regarding project scope and fee, the City reserves the right to negotiate with the firm determined by the City to be the next most qualified within the category. The intent of the qualifications submittal process is to allow the City to evaluate, rank and select the most qualified firms based on the identified needs of the City. The skills, areas of expertise, and capabilities On-Call Professional Design and Engineering Services (2020-2022) Page 5 Request for Qualifications that the City believes are necessary for successful completion of the projects will be evaluated and factored in the selection process. In all cases, the City reserves the right to select consultant firms and award contracts that are in the best interests of the City. The City does not guarantee the award of any contracts and reserves the right to not award a contract for any project. The City reserves the right to consider experience(s) with consultants on past City projects in the scoring of submittals and the selection of consultants. Should a consultant fail to perform in a satisfactory manner on a current or future project, as determined by the City, the City reserves the right to eliminate the consultant from consideration for future contracts as a part of this selection process. Consultants are responsible for errors and omissions in their submittals. No error or omission will diminish the submitter’s obligations to the City. The City of Iowa City may reject any or all submissions without penalty. The City, at its discretion, may waive immaterial defects and minor irregularities in any submittal. Submittal Contents To standardize submittals and simplify the comparison and evaluation of responses, all submittals must be organized in the manner set forth below, separated into sections, and appropriately labeled. However, specific requirements for each section have been minimized in order to allow for flexibility for each firm to provide information they feel best conveys their qualifications. All information and materials requested shall be provided in the submittal under a single cover. The submittal length shall be limited to a maximum number of pages, based on the sections described below, not including dividers and covers. Minimum font size shall be ten (10) point. Cover Letter – The letter should state the firm’s interest in being considered for selection, pertinent information for the firm’s contact person and the categories for which the firm would like to be considered. (1 page maximum) General Firm Profile – A general description of the firm is required. Describe the general nature of services provided by the firm, the location of main and branch offices, and the number of years the firm has provided services similar to those anticipated in the categories included in the Request for Qualifications. Any sub-consultants who are expected to be a part of the design team should be identified. (2 pages maximum) Key Personnel – Provide information indicating anticipated key personnel, relationship to specific types of projects, and their positions within the firm. It is a requirement of the City that the key personnel identified during the consultant selection process will participate in and execute the project(s). Substitution of key personnel after selection will require approval by the City as project lead professionals are considered essential. Please indicate the persons possessing the licenses and certifications necessary to perform the type of work being requested. (4 pages maximum per category) Reference Projects – A listing of reference projects shall be provided. Reference projects should be of similar size and scope as those for which the consultant would like to be considered. Particular emphasis should be placed on innovative, sustainable and cost-effective solutions. Indicate which key personnel were involved in the reference projects and their role in the reference projects. The provided information should also include the final design contract costs, final construction costs and final change order costs for each project. If the project is not yet completed/accepted, the costs may be estimated as accurately as On-Call Professional Design and Engineering Services (2020-2022) Page 6 Request for Qualifications possible. However, at least 50% of the submitted reference projects shall be completed, accepted, and include final cost information. Provide a reference form (see Appendix D) for a minimum of three (3) projects per category, which includes contact information for the project owner(s), the nature of the firm’s scope of work on the project, and the date the contract started and ended. Reference forms do not count towards the page limit. (4 pages maximum per category) Project Approach – A description of anticipated project approach(es), including technical and management factors that will lead to quality projects. Respondents are encouraged to use this section of the submittal to address unique understanding, knowledge and/or abilities of the firm as they apply to the project categories included in the Request for Qualifications. Competitive advantages or special capabilities of project teams should be highlighted in this section. The project approach(es) should address each category for which the firm would like to be considered and should be structured to include information related to the firm’s general project approach, as well as any specialized or specific project approach information for the project categories. (2 pages maximum for general project approach, 2 additional pages maximum per category) Billing Rates – Provide current billing rates for firm personnel, including rates of staff included in the submittal, at a minimum. Billing rates for consultants will be locked at the rates provided for all contracts awarded through December 31, 2022. (1 page) Conflicts of Interest – Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City. No employee or officer of the City, which includes members of the City Council and City boards and commissions, may have an interest, either direct or indirect, in any consultant agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5 Identify any relationship that has existed, or presently exists with the City of Iowa City, its staff or members of the City Council and city boards and commissions that may interfere with fair competition or may be a possible conflict of interest for either party. If no relationship has existed or does not presently exist, Consultant shall make that statement in their submittal (companies are subject to disqualification on the basis of any potential for conflict of interest as determined by the City of Iowa City). Contract Documents Consultants selected to provide engineering and design services will be required to enter into a written consultant agreement with the City of Iowa City for each individual project. A sample consultant agreement is included in Appendix A of this Request for Qualifications. In addition, selected consultants will be required to submit a completed copy of the City of Iowa City Wage Theft affidavit, included in Appendix B, and meet the City’s contract compliance requirements as included in Appendix C. Any objections to the City’s agreement (Appendix A), wage theft policy (Appendix B) and/or contract compliance (Appendix C) language shall be documented in the submittal and will be considered in evaluating submittals. All locally let projects shall utilize Iowa Statewide Urban Design and Specifications (SUDAS) specifications; projects let through the Iowa Department of Transportation (DOT) shall utilize DOT and other specifications, as needed. All projects shall utilize City of Iowa City standard front ends, contract documents and supplemental specifications for project development. On-Call Professional Design and Engineering Services (2020-2022) Page 7 Request for Qualifications Submittal Instructions and Deadline Submittals may be mailed or submitted electronically. If the submittal is mailed, it should be sent to: City Clerk City of Iowa City City Hall 410 East Washington Street Iowa City, Iowa 52240 Mailed submittals must be received by the City Clerk’s office before 4:00 p.m. (CST) on Monday, June 1, 2020. Mailed submittals should include five (5) hard copies of the submittal and a USB thumb drive, CD or DVD containing one electronic (PDF) copy of the submittal. Mailed submittals must be sealed and clearly marked as: “Request for Qualifications: On-Call Professional Design and Engineering Services (2020-2022).” If the submittal is delivered electronically, it should be delivered to the City’s website at www.icgov.org/engineeringservices. Submittals delivered electronically must be complete and uploaded to the website in their entirety before 4:00 p.m. (CST) on Monday, June 1, 2020. Submittals delivered electronically should include one (1) electronic (PDF) copy of the submittal. No hard copies will be required if submitted electronically. Faxed submittals will not be accepted. Late submittals will not be evaluated. The City may reject any or all submittals in its sole discretion. Inquiries Inquiries to clarify the requirements of the Request for Qualifications must be in writing, and can be directed to Jason Havel, P.E. at jason-havel@iowa-city.org. All inquiries must be made no later than Friday, May 22, 2020. All questions received, including responses, will be posted to the City’s website at www.icgov.org/engineeringservices. Requests for meetings with individual consultants will not be accepted. On-Call Professional Design and Engineering Services (2020-2022) Page 8 Request for Qualifications Distribution List AECOM Jeffrey L. Bruce & Company, LLC AIA Iowa KFI Engineers Ament Design Legat Architects Anderson Bogert Martin & Whitacre Axiom Consultants Martin Gardner Architecture B2 Environmental, Inc. McClure Engineering Company Bolton & Menk, Inc. MMS Consultants, Inc. Calhoun-Burns and Associates, Inc. MSA Professional Services, Inc. City of Iowa City Website Neumann Monson Architects Confluence OPN Architects Emmons & Olivier Resources, Inc. Primera Engineers, Ltd. Fehr Graham & Associates, LLC Quigg Engineering, Inc. Foth Infrastructure & Environment RDG Planning & Design GBA Architects Engineers Rohrbach Associates Hall & Hall Engineers SEH Hawks Design, LLC Shive-Hattery, Inc. HBK Engineering, LLC Shuck-Britson HDR Shoemaker & Haaland Hitchcock Design Group Snyder and Associates Horizon Architecture Stanley Consultants, Inc. HR Green Company Strand Associates, Inc. IIW Veenstra & Kimm, Inc. ISG Watersmith Engineering On-Call Professional Design and Engineering Services (2020-2022) Page 9 Request for Qualifications Appendix A On-Call Professional Design and Engineering Services (2020-2022) Page 10 Request for Qualifications Consultant Agreement This Agreement, made and entered into this ___________ day of ____________________, ______________, by and between the City of Iowa City, a municipal corpora tion, hereinafter referred to as the City and _____________________, of _____________________, hereinafter referred to as the Consultant. Brief Project Description Beginning with “Whereas” Now Therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Describe Scope of Services II. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Present Schedule of Services III. Compensation for Services Describe Compensation IV. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. On-Call Professional Design and Engineering Services (2020-2022) Page 11 Request for Qualifications 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "not-to-exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. On-Call Professional Design and Engineering Services (2020-2022) Page 12 Request for Qualifications L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. Indemnification. 1. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney’s fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant’s obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub-consultants, and others for whom Consultant is legally liable, and the term “City” means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance 1. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant’s liability for the Consultant’s negligent acts, errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. On-Call Professional Design and Engineering Services (2020-2022) Page 13 Request for Qualifications 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant’s insurer. If the Consultant receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non-renewal or cancellation notice. Q. Standard of Care. 1. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the City For the Consultant On-Call Professional Design and Engineering Services (2020-2022) Page 14 Request for Qualifications By: By: Title: Title: Date: Date: Attest: Approved by: City Attorney's Office Date On-Call Professional Design and Engineering Services (2020-2022) Page 15 Request for Qualifications Appendix B On-Call Professional Design and Engineering Services (2020-2022) Page 16 Request for Qualifications Wage Theft Policy It is the policy of the City of Iowa City, as expressed by City Council Resolution No. 15-364 adopted on November 10, 2015, not to enter into certain contracts with, or provide discretionary economic development assistance to, any person or entity (including an owner of more than 25% of the entity) who has admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages, for a period of five (5) years from the date of the last conviction, entry of plea, administrative finding or admission of guilt. (hereinafter “Wage Theft Policy”) 1. Application. The Wage Theft Policy applies to the following: a. Contracts in excess of $25,000 for goods, services or public improvements. b. Contracts for discretionary economic development assistance. “Discretionary” economic development assistance shall mean any economic development assistance provided by the City of Iowa City that is not required by law. 2. Exceptions. The Wage Theft Policy does not apply to emergency purchases of goods and services, emergency construction or public improvement work, sole source contracts excepted by the City’s purchasing manual, cooperative/piggyback purchasing or contracts with other governmental entities. 3. Affidavit. The contracting entity must complete the attached affidavit showing compliance with the Wage Theft Policy and submit it along with the request for bid or request for proposal required documents. Contract provision: Any contract to which this policy is applicable will include the following contract provision: If the City becomes aware that a person or entity (including an owner of more than 25% of the entity) has admitted guilt or liability or been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages, within the five (5) year period prior to the award or at any time after the award, such violation shall constitute a default under the contract. 4. Waivers. If a person or entity is ineligible to contract with the City as a result of the Wage Theft Policy it may submit a request in writing indicating that one or more of the following actions have been taken: a. There has been a bona fide change in ownership or control of the ineligible person or entity; b. Disciplinary action has been taken against the individual(s) responsible for the acts giving rise to the violation(s); c. Remedial action has been taken to prevent a recurrence of the acts giving rise to the disqualification or default; or d. Other factors that the person or entity believes are relevant. The City Manager or Designee shall review the documentation submitted, make any inquiries deemed necessary, request additional documentation if warranted and determine whether a reduction in the ineligibility period or waiver is warranted. Should the City Manager or Designee determine that a reduction or waiver of the ineligibility period is warranted the City Manager or Designee shall make such recommendation to the City Council. The City Council will make a final decision as to whether to grant a reduction or waiver. On-Call Professional Design and Engineering Services (2020-2022) Page 17 Request for Qualifications Wage Theft Affidavit I, , certify under penalty of perjury and pursuant to the laws of the State of Iowa that the following is true and correct: 1. I am the (position) of (“contracting entity”) and have the authority to execute this affidavit on behalf of said contracting entity and any person or entity with an ownership interest in said contracting entity of more than 25%. 2. Neither (contracting entity) nor any person or entity with an ownership interest of more than 25% of said contracting entity has been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the Iowa Wage Payment Collection Law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statue of local ordinance, which governs the payment of wages in the last 5 years. Signature On-Call Professional Design and Engineering Services (2020-2022) Page 18 Request for Qualifications Appendix C On-Call Professional Design and Engineering Services (2020-2022) Page 19 Request for Qualifications CONTRACT COMPLIANCE SECTION I - GENERAL POLICY STATEMENT It is the policy of the City of Iowa City to require equal employment opportunity in all City contract work. This policy prohibits discrimination by the City's contractors, consultants and vendors and requires them to ensure that applicants seeking employment with them and their employees are treated equally without regard to race, color, creed, religion, national origin, sex, gender identity, sexual orientation, disability, marital status, and age. It is the City's intention to assist employers, who are City contractors, vendors or consultants, in designing an d implementing equal employment opportunity so that all citizens will be afforded equal accessibility and opportunity to gain and maintain employment. PROVISIONS: 1. All contractors, vendors, and consultants requesting to do business with the City must submit an Equal Opportunity Policy Statement before the execution of the contract. 2. All City contractors, vendors, and consultants with contracts of $25,000 or more (or less if required by another governmental agency) must abide by the requirements of the City's Contract Compliance Program. Emergency contracts may be exempt from this provision at the discretion of the City. Regardless of the value of the contract, all contractors, vendors, and consultants are subject to the City's Human Rights Ordinance, which is codified at Article 2 of the City Code. 3. Contracting departments are responsible for assuring that City contractors, vendors, and consultants are made aware of the City's Contract Compliance Program reporting responsibilities and receive the appropriate reporting forms. A notification of requirements will be included in any request for proposal and notice of bids. 4. Prior to execution of the contract, the completed and signed Assurance of Compliance (located on pages CC-2 and CC-3) or other required material must be received and approved by the City. 5. Contracting departments are responsible for answering questions about contractor, consultant and vendor compliance during the course of the contract with the City. 6. All contractors, vendors, and consultants must refrain from the use of any signs or designations which are sexist in nature, such as those which state "Men Working" or "Flagman Ahead," and instead use gender neutral signs. 7. All contractors, vendors, and consultants must assure that their subcontractors abide by the City's Human Rights Ordinance. The City's protected classes are listed at Iowa City City Code section 2-3-1. On-Call Professional Design and Engineering Services (2020-2022) Page 20 Request for Qualifications SECTION II - ASSURANCE OF COMPLIANCE The following sets forth the minimum requirements of a satisfactor y Equal Employment Opportunity Program which will be reviewed for acceptability. PLEASE RETURN PAGES 2 THROUGH 3 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE EXECUTION OF THE CONTRACT. With respect to the performance of this contract, the contractor, consultant or vendor agrees as follows: (For the purposes of these minimum requirements, "contractor" shall include consultants and vendors.) 1. The contractor will not discriminate against any employee or applicant for employment and will take affirmative efforts to ensure applicants and employees are treated during employment without regard to their race, color, creed, religion, national origin, sex, sexual orientation, gender identity, disability, marital status, and age. Such efforts shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that it is an equal opportunity employer. Note: Contracts that are federally funded are subject to Executive Order No. 11246, as amended, and the regulations (see generally 29 U.S.C. § 1608 et seq.) and relevant orders of the U.S. Secretary of Labor. The Secretary of Labor, and not the City, enforces said regulations and orders. 3. Provide a copy of your written Equal Employment Opportunity policy statement. Where is this statement posted? 4. What is the name, telephone number and address of your business’ Equal Employment Opportunity Officer? (Please print) Phone Number Street Address City, State, Zip Code On-Call Professional Design and Engineering Services (2020-2022) Page 21 Request for Qualifications 5. The undersigned agrees to display, in conspicuous places at the work site, all posters required by federal and state law for the duration of the contract. NOTE: The City can provide assistance in obtaining the necessary posters. 6. How does your business currently inform applicants, employees, and recruitment sources (including unions) that you are an Equal Employment Opportunity employer? The above responses are true and correctly reflect our Equal Employment Opportunity policies. Business Name Phone Number Signature Title Print Name Date On-Call Professional Design and Engineering Services (2020-2022) Page 22 Request for Qualifications SECTION III - SUGGESTED STEPS TO ASSURE EQUAL EMPLOYMENT OPPORTUNITIES 1. COMPANY POLICY Determine your company's policy regarding equal employment opportunities. Document the policy and post it in a conspicuous place so that it is known to all your employees. Furthermore, disseminate the policy to all potential sources of employees and to your subcontractors asking their cooperation. The policy statement should recognize and accept your responsibility to provide equal employment opportunity in all your employment practices. In regard to dissemination of this policy, this can be done, for example, through the use of letters to all recruitment sources and subcontractors, perso nal contacts, employee meetings, web page postings, employee handbooks, and advertising. 2. EQUAL EMPLOYMENT OPPORTUNITY OFFICER Designate an equal employment opportunity officer or, at minimum, assign someone the responsibility of administering and promoting your company's Equal Employment Opportunity program. This person should have a position in your organization which emphasizes the importance of the program. 3. INSTRUCT STAFF Your staff should be aware of and be required to abide by your Equal Empl oyment Opportunity program. All employees authorized to hire, supervise, promote, or discharge employees or are involved in such actions should be trained and required to comply with your policy and the current equal employment opportunity laws. 4. RECRUITMENT (a) Let potential employees know you are an equal opportunity employer. This can be done by identifying yourself on all recruitment advertising as "an equal opportunity employer". (b) Use recruitment sources that are likely to yield diverse applicant pools. Word-of-mouth recruitment will only perpetuate the current composition of your workforce. Send recruitment sources a letter annually which reaffirms your commitment to equal employment opportunity and requests their assistance in helping you reach diverse applicant pools. (c) Analyze and review your company's recruitment procedures to identify and eliminate discriminatory barriers. (d) Select and train persons involved in the employment process to use objective standards and to support equal employment opportunity goals. (e) Review periodically job descriptions to make sure they accurately reflect major job functions. Review education and experience requirements to make sure they accurately reflect the requirements for successful job performance. (f) Review the job application to insure that only job related questions are asked. Ask yourself "Is this information necessary to judge an applicant's ability to perform the job applied for?" Only use job-related tests which do not adversely affect any particular group of people. (g) Monitor interviews carefully. Prepare interview questions in advance to assure that they are only job related. Train your interviewers on discrimination laws. Biased and subjective judgments in personal interviews can be a major source of discrimination. (h) Improve hiring and selection procedures and use non-biased promotion, transfer and training policies to increase and/or improve the diversity of your workforce representation. Companies must make sure procedures for selecting candidates for promotion, transfer and training are based upon a fair assessment of an employee's ability and work record. Furthermore, all companies should post and otherwise publicize all job promotional opportunities and encourage all qualified employees to bid on them. On-Call Professional Design and Engineering Services (2020-2022) Page 23 Request for Qualifications For your information is a copy of Section 2 – 3 – 1 of the Iowa City Code of Ordinances which prohibits certain discriminatory practices in employment can be found at: http://www.sterlingcodifiers.com/codebook/index.php?book_id=953. Please note that the protected characteristics include some not mandated for protection by Fed eral or State law. As a contractor, consultant or vendor doing business with the City of Iowa City you are required to abide by the provisions of the local ordinance in conjunction with your performance under a contract with the City. On-Call Professional Design and Engineering Services (2020-2022) Page 24 Request for Qualifications SAMPLE: EQUAL EMPLOYMENT OPPORTUNITY POLICY To all employees of This Company and its employees shall not discriminate against any employee or applicant for employment based on his or her age, color, creed, disability, national origin, gender identity, marital status, race, religion, sex, or sexual orientation. The anti-discrimination policy extends to decisions involving hiring, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Further, this Company and its employees will provide a working environment free from such discrimination. All employees are encouraged to refer minority and women applicants and applicants with disabi lities for employment. The Equal Employment Opportunity Officer for the is: Name: Address: Telephone: NOTE: This is a SAMPLE ONLY. You may wish to confer with your EEO officer or legal counsel to formulate a policy which specifically meets the needs of your company. On-Call Professional Design and Engineering Services (2020-2022) Page 25 Request for Qualifications Appendix D On-Call Professional Design and Engineering Services (2020-2022) Page 26 Request for Qualifications City of Iowa City Project Reference Form Project Information Project Name: _________________________________________________________________________ Project Owner: _______________________________ Owner’s Representative: _______________________________ Representative’s E-mail Address: _______________________________ Representatives Phone Number: _______________________________ Project Description: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Consultant (Design and Bidding) Services Contract Contract Start Date: _____________________ Contract End Date: _____________________ Original Contract Amount: _____________________ Number of Amendments: _____________________ Total Amendment(s) Amount: _____________________ Final Contract Amount: _____________________ Key Consultant Personnel Included on the Project: Name: _____________________ Role: _____________________ Name: _____________________ Role: _____________________ Name: _____________________ Role: _____________________ Name: _____________________ Role: _____________________ Name: _____________________ Role: _____________________ On-Call Professional Design and Engineering Services (2020-2022) Page 27 Request for Qualifications Project Construction Construction Start Date: _____________________ Construction End Date: _____________________ Contractor Bid Amount: _____________________ Number of Change Orders: _____________________ Total Change Order Amount: _____________________ Final Contract Amount: _____________________