HomeMy WebLinkAbout2021-2022 LF Dsgn Eng Planning Svcs RFQ FINAL v2
Request for Qualifications
On-Call Professional Design, Engineering, and Planning Services for
the Iowa City Landfill and Recycling Center (2021 – 2022)
March 17, 2021
Revised March 26, 2021
Landfill Services 2021 – 2022 2 City of Iowa City
SUMMARY
The City of Iowa City, Iowa (City) is soliciting qualifications submittals from interested consulting
firms, licensed in the State of Iowa, to provide professional design, engineering, and planning
services for the Iowa City Landfill and Recycling Center (Facility). 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 construction period services for projects. Submittals in
response to this Request for Qualifications will be used to evaluate and rate consult ing firms for
work on a variety of City projects. Successful consultants will be selected for each of three (3)
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
Summary ......................................................................................................................................... 2
Submittal Instructions, Deadline, and Format ................................................................................ 3
Schedule .......................................................................................................................................... 3
Minimum Qualifications ................................................................................................................. 3
Costs for Developing the Request for Qualifications ..................................................................... 4
Purpose ............................................................................................................................................ 4
Background ..................................................................................................................................... 5
Consultant Selection Process .......................................................................................................... 6
Submittal Contents .......................................................................................................................... 7
Scope of Services ............................................................................................................................ 9
Contract Documents...................................................................................................................... 11
Reservations .................................................................................................................................. 11
Inquires ......................................................................................................................................... 11
Appendix A – Consultant Agreement ........................................................................................... 12
Appendix B –Wage Theft Policy .................................................................................................. 17
Appendix C – Contract Compliance ............................................................................................. 21
Appendix D – Project Reference Form ......................................................................................... 28
Landfill Services 2021 – 2022 3 City of Iowa City
SUBMITTAL INSTRUCTIONS, DEADLINE, AND FORMAT
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 52245
Mailed submittals must be received by the City Clerk’s office before 4:00 PM, Central Daylight
Savings Time (CDT), Friday April 9, 2021. Mailed submittals should include three (3) hard
copies of the submittal and a Universal Serial Bus (USB) thumb drive, compact disc (CD), or
Digital Video Disc (DVD) containing one electronic Portable Document Format (PDF) copy of
the submittal response. Mailed submittals must be sealed and clearly marked as: “On-Call
Professional Design, Engineering, and Planning Services for the Iowa City Landfill and Recycling
Center (2021 – 2022)”.
If the submittal is delivered electronically, it should be delivered to the City’s website at
www.icgov.org/LandfillRFQ. Submittals delivered electronically must be complete and uploaded
to the website in their entirety before 4:00 p.m. CDT on Friday, April 9, 2020. Submittals
delivered electronically should include one (1) electronic (PDF) copy of the submittal response.
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.
SCHEDULE
Tentative consultant selection timeline is as follows:
▪ Submittals are due 4:00 PM CDT, Friday April 9, 2021
▪ All inquiries must be made no later than March 31, 2021
▪ Evaluation of submittals and scoring of consultants will occur approximately April 23,
2021
▪ Award of contracts is expected based on projects timelines and needs between April 26,
2021 and December 31, 2022
MINIMUM QUALIFICATIONS
To be considered, consultants must document the knowledge, skills, and abilities of the firm and
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.
Landfill Services 2021 – 2022 4 City of Iowa City
COSTS FOR DEVELOPING THE REQUEST FOR QUALIFICATIONS
Firms participating in the consultant selection process will be responsible for all costs incurred to
respond to this Request for Qualifications.
PURPOSE
The City of Iowa City requests qualifications submittals from consultants to provide design,
engineering, and planning services related to public improvement projects at the Landfill Facility.
It is the intent of the City of Iowa City that multiple consultants will be selected to assist the City
with design, engineering, and planning services, based on consultants’ individual expertise and
past performance. The qualification submittals will be used as the basis for awarding design,
engineering, and planning service contracts through December 31, 2022.
The City of Iowa City encourages firms and consultant teams with expertise in one or more of the
specific categories described below to submit a response to this Request for Qualifications.
Consultants may elect to submit on one or more of the categories.
The following project categories will be considered as a part of this Request for Qualifications:
▪ Capital Improvement Plan (CIP) Design – projects including, but not limited to:
groundwater conveyance systems, landfill cells, landfill gas collection systems, leachate
collection systems, and leachate lagoon systems.
▪ Miscellaneous Engineering – small maintenance and repair projects including, but not
limited to: groundwater conveyance systems, groundwater wells, landfill gas collection
systems, leachate collection systems, and stormwater drainage.
▪ Planning – overall site and strategic planning for approximately thirty (30) years
Submittals received in response to this Request for Qualifications will be the basis for consultant
selection for a variety of projects over an approximate two-year period.
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 for the
Resource Management Division, with funding available in 2021 – 2022 and requiring design
consultant services, which are not currently included in a design contract, would be considered
under this Request for Qualifications. Projects are expected to occur over multiple 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.
Landfill Services 2021 – 2022 5 City of Iowa City
BACKGROUND
The Iowa City Landfill and Recycling Center is located at 3900 Hebl Avenue SW in Iowa City,
Iowa. The Landfill Facility is a municipal solid waste landfill serving Johnson County, Kalona,
and Riverside, Iowa. The Facility operates according to the following permits:
▪ Iowa Department of Natural Resources (DNR) Sanitary Disposal Project (SDP) Permit
Number 52-SDP-01-72P
▪ DNR Title V Operating Permit, Air Quality Operating Permit Number 00-TV-007R3
The current five-year SDP Permit was issued January 8, 2018 with revisions on January 29, 2018,
April 2, 2018, October 31, 2018, August 15, 2019, and August 28, 2019. The SDP Permit expires
on January 8, 2023. The current five-year Title V Operating Permit was issued on July 23, 2018.
The Title V Operating Permit expires on July 22, 2023. The Facility’s permits, reports,
correspondence with the DNR, and other regulatory information is available on the DNR’s
website.
The majority of the Facility’s state compliance requirements are contained in the above-listed
permits. Some regulatory requirements for the Facility not covered directly in these permits are
contained within 567, Environmental Protection Commission, of the Iowa Administrative Code
(IAC). The Facility is also subject to certain federal regulations administrated by the United States
Environmental Protection Agency (EPA). These regulations are under the Title 40, Protection of
Environment, of the Code of Federal Regulations (CFR).
The Facility occupies approximately three hundred acres of land and consists of five buildings
(Scalehouse/Office, two shops, compost shed, storage shed), active landfill cells, and closed
landfill cells. Approximately seventy acres of the Facility are closed cells and approximately sixty
acres are currently active cells in various stages of service. Approximately 132 acres, located north
and west of the Facility are rented. The landfill is utilized by both residential and commercial
haulers. For a list of the landfill services, please see the following website:
https://www.icgov.org/city-government/departments-and-divisions/landfill-and-recycling-center.
Each year, the landfill takes in about 132,000 tons (five-year average, Fiscal Years 2016 – 2020).
The last solid waste characterization study was performed in 2017. The statewide study, including
the Iowa City Landfill and Recycling Center information is available here: http://www.
iowadnr.gov/Portals/idnr/uploads/waste/wastecharacterization2017.pdf. Food wastes are
approximately 25% of the total landfilled wastes (or 34,000 tons) each year.
Collected landfill gas is currently being incinerated in the Facility’s enclosed flare in accordance
with the Facility Title V Operating Permit. The approximate three-year average (2017 – 2019)
daily flow rate through flare is 850 standard cubic feet per minute (scfm). Approximately fifty
percent of the gas collected is methane.
In 2020, a Feasibility Study was conducted to evaluate current and future methane generation,
collection, processing, and reuses at the Landfill Facility and Wastewater Treatment Plant. The
Feasibility Study includes the following documents:
Landfill Services 2021 – 2022 6 City of Iowa City
▪ Biogas Utilization Feasibility Report, December 30, 2020, HDR Engineering, Inc.
▪ Biogas Utilization Analysis Technical Memorandum, July 17, 2020, HDR Engineering,
Inc.
▪ Existing Facility Evaluation TM, March 20, 2020, HDR Engineering, Inc.
▪ Wasteshed Analysis TM, February 27, 2020, HDR Engineering, Inc.
The Feasibility Study must be considered on the planning services, but should be considered on
design services to make sure future infrastructure does not conflict with the potential for future
implementation of the alternatives within the study.
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 30 Points
Fees and Rates 10 Points
Schedule 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 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 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, Resource
Management 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 category or categories will be
selected for negotiations related to final project 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 for the project.
The intent of the qualification 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 that the City believes are necessary for successful completion of the projects will
be evaluated and factored into 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
Landfill Services 2021 – 2022 7 City of Iowa City
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.
Interviews may be conducted as part of the selection process.
SUBMITTAL CONTENTS
To standardize responses and simplify the comparison and evaluation of responses, all statements
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 response 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. The cover letter attached to the response counts towards
the page limit. Minimum font size shall be ten (10) point.
Interested Consultants shall submit responses to make sure a proper evaluation of the firm’s
capabilities. The submittals shall contain the following response items arranged in order in the
manner specified below.
Cover Letter – The letter should state the firm’s interest in being considered for selection as well
as 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. Include in the descriptions past experience
with the City, technical abilities, and identified project responsibilities. 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)
Landfill Services 2021 – 2022 8 City of Iowa City
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 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 possible. However, at least 50% of the submitted
reference projects shall be completed, accepted, and include final cost information.
As a minimum, the submittal should address the following topics.
▪ Experience related to at least five projects relevant to the project categories.
▪ Experience in working with owners’ staff during the construction process.
Provide a reference form (see Appendix D) for each reference project, 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)
The Project Team should demonstrate current experience in working with federal, state, and local
agencies involved in the operations and compliance at the Facility.
Project Approach – A description of the anticipated project approach(es), including technical and
management factors that will lead to a quality project. 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 included in this 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. This section should
describe the firm’s understanding of the Facility including, but not limited to, their structure;
operations and maintenance; environmental compliance and permitting; and future operations and
compliance issues. (2 pages maximum for general project approach, 2 additional pages maximum
per category)
Project Schedule (Each Category) – Provide a preliminary project schedule that includes expected
durations for anticipated project phases, including project milestones and deliverables. (1 page)
Billing Rates – Provide current billing rates for firm personnel, including rates of staff included in
the submittal and list of common services, 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
Landfill Services 2021 – 2022 9 City of Iowa City
exists with the City of Iowa City, its staff or members of th e 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).
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.
Draft deliverables to the City will be electronic only. Final deliverables to the City will consist of
two hard copies and electronic copies. If desired by the City, final deliverables will be submitted
to the appropriate agencies on behalf of the City.
Each contract for design and miscellaneous engineering 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), construction inspection and oversight,
preparing punch lists, assisting with closeout and providing as-built record documents
based on contractor mark-ups.
The contract for planning services includes the development of a Facility Plan. The Facility Plan
needs to be developed to serve as the principal planning document for the future overall site layout
and strategic utilization over the functional lifetime of the Facility (approximately thirty years).
Landfill Services 2021 – 2022 10 City of Iowa City
This document will be a detailed plan for the Facility including landfill cells, operati onal areas,
site infrastructure, and supported programs. The Facility Plan will include, but is not limited to ,
the following:
▪ Biogas Utilization – impacts of the alternatives in the Feasibility Study to future operations
must be considered. Planned infrastructure should not prohibit the implementation of an
alternative in the future.
▪ Buildings – layout of future buildings, including the proposed Equipment Building (2022
design and 2023 construction). Any buildings required for implementation of the
alternatives in the Feasibility Study will need to be accommodated in close proximity to
the flare location.
▪ Compost Pad – layout of future composting operations considering expansion of current
operations.
▪ Landfill Cells – location and sequencing of future cells including Future North (proposed
for design in 2021 – 2022 and construction in 2023); Future Northwest Cell(s); Northeast
Expansion; and reclamation of older cells through mining, if deemed feasible. Closure of
the current and future cells must be considered. Evaluation of volumetric projections must
be evaluated with the sequencing of cells.
▪ Landfill Gas Collection Systems – phased development sequence of these systems
consistent with other site development and expansion.
▪ Leachate Collection Systems – phased development sequence of these systems consistent
with other site development and expansion.
▪ Other Locations – consideration should be given to the programs at the East Side Recycling
Center, Refuse and Curbside Collections Facility, future South Side Recycling Site (design
and construction in 2021), and other community recycling sites. Increases to usage at these
sites could impact landfill programming and traffic.
▪ Scale Location(s) – evaluation of current and future scale operations (i.e. current and future
vehicle loadings and the potential for multiple scales). Evaluation of increase vehicular
traffic should be considered and traffic studies conducted, as needed.
▪ Soil Usage – phasing of the soil usage in the future cell areas must be evaluated and
sequencing outlined.
▪ Supported Programs – evaluation of current programs (e.g. shingle recycling and yard
waste) as well as future programs.
▪ Stormwater Drainage – evaluation of stormwater runoff, detention and retention during
active lifetime as well as planning for post-closure.
▪ Traffic Flow – changes to roadways due to future buildings, sequencing of cells, increases
in number of customers, and other programmatic variations.
Capital cost estimates will be included for all future construction. Increases to the operations and
maintenance budgets or additional staffing needs must be identified. Identification of potential
conflicts for complete development of the Facility must be evaluated and identified. A project
kickoff and regular status meetings will be expected. At least three milestones are expected for
development of the Facility Plan (e.g. 30%, 60%, 100%).
Landfill Services 2021 – 2022 11 City of Iowa City
CONTRACT DOCUMENTS
Consultants selected to provide design, engineering, and planning 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 projects must be done in accordance with the Facility’s permits and regulatory requirements
(described in Background Section below). All projects shall utilize the Statewide Urban Design
and Specifications (SUDAS) Design Manual, Standard Specifications, City of Iowa City Design
Supplement, and City of Iowa City Supplemental Specifications. Other design documents and
specifications, if needed and approved by the Engineering Division, will be considered on a
project-by-project basis. All projects shall utilize City of Iowa City standard front ends and
contract documents.
RESERVATIONS
The City reserves the right to reject any and all submittals; waive formalities, technical
requirements and/or deficiencies; or to solicit for new or additional responses if deemed to be in
the best interests of the City. In addition, the City reserves the right to further negotiate with one
or more firms of its choice, if such negotiations better serve the City’s interest. The City reserves
the right to negotiate a contract that covers all or selected parts of the submittal, key project team
members and sub-consultants.
INQUIRES
Inquiries to clarify the requirements of this Request for Qualifications can be directed to Joe Welter
at (319) 356-5144 or emailed to joe-welter@iowa-city.org. All inquiries must be made no later
than March 31, 2021. Specific project scope and fees will be negotiated at a later time. All
questions received, including responses, will be posted to the City’s website at
www.icgov.org/LandfillRFQ.
Requests for meetings with individual consultants will not be accepted.
Landfill Services 2021 – 2022 12 City of Iowa City
APPENDIX A – CONSULTANT AGREEMENT
Landfill Services 2021 – 2022 13 City of Iowa City
CONSULTANT AGREEMENT
This Agreement, made and entered into this ________ day of _______________, __________,
by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City
and _____________________, of _____________________, hereinafter referred to as the
Consultant.
INSERT 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.
INSERT DESCRIPTION OF SCOPE OF SERVICES
II. Time of Completion
The Consultant shall complete the following phases of the Project in accordance with the schedule
shown.
INSERT SCHEDULE OF SERVICES
III. Compensation for Services
INSERT DESCRIPTION OF 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.
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.
Landfill Services 2021 – 2022 14 City of Iowa City
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 licensed professional 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.
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.
Landfill Services 2021 – 2022 15 City of Iowa City
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.
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.
Landfill Services 2021 – 2022 16 City of Iowa City
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
By: By:
Title: Title:
Date: Date:
Attest:
Approved by:
City Attorney's Office
Date
Landfill Services 2021 – 2022 17 City of Iowa City
APPENDIX B –WAGE THEFT POLICY
Landfill Services 2021 – 2022 18 City of Iowa City
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”)
I. 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.
II. 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.
III. Affidavit. The contracting entity must complete the attached affidavit showing
compliance with the Wage Theft Policy and provide it to the Contracting Department
prior to the execution of the contract.
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.
IV. 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);
Landfill Services 2021 – 2022 19 City of Iowa City
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.
Landfill Services 2021 – 2022 20 City of Iowa City
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 sa id
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 statute or local
ordinance, which governs the payment of wages in the last 5 years.
Signature
Landfill Services 2021 – 2022 21 City of Iowa City
APPENDIX C – CONTRACT COMPLIANCE
Landfill Services 2021 – 2022 22 City of Iowa City
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 age, color, creed, disability, gender identity, marital status,
national origin, race, religion, sex, or sexual orientation.
It is the City's intention to assist employers, who are City contractors, vendors or consultants, in
designing and 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 0520 – Pages 2 and 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.
Landfill Services 2021 – 2022 23 City of Iowa City
SECTION II - ASSURANCE OF COMPLIANCE
The following sets forth the minimum requirements of a satisfactory 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 age, color, creed, disability, gender identity, marital
status, national origin, race, religion, sex, or sexual orientation. 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
Landfill Services 2021 – 2022 24 City of Iowa City
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
Landfill Services 2021 – 2022 25 City of Iowa City
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, personal 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 Employment
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.
Landfill Services 2021 – 2022 26 City of Iowa City
(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.
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 Federal 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.
Landfill Services 2021 – 2022 27 City of Iowa City
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, gender identity, marital status,
national origin, 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
disabilities 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.
Landfill Services 2021 – 2022 28 City of Iowa City
APPENDIX D – PROJECT REFERENCE FORM
Landfill Services 2021 – 2022 29 City of Iowa City
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: _____________________
Landfill Services 2021 – 2022 30 City of Iowa City
Project Construction
Construction Start Date: _____________________ Construction End Date: _____________________
Contractor Bid Amount: _____________________
Number of Change Orders: _____________________
Total Change Order Amount: _____________________
Final Contract Amount: _____________________