Five Flags Civic Center Phase 2A Consultant Services Agreement Copyrighted
May 20, 2019
City of Dubuque Action Items # 1.
ITEM TITLE: Five Flags Civic Center Phase 2A Consultant Services
Agreement
SUMMARY: City Manager recommending approval of an agreementwith
Convention, Sports and Leisure International (CSL)to
complete additional work on potential design options for the
Five Flags Civic Center.
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve
ATTACHMENTS:
Description Type
Five Flags Civic Center Phase 2A Services City Manager Memo
Agreement-MVM Memo
Staff Memo Staff Memo
Five Flags Civic Center Phase 2A Services Proposal Supporting Documentation
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Five Flags Civic Center Phase 2A Services Agreement
DATE: May 15, 2019
I respectfully recommend approval of an agreement with Convention, Sports and
Leisure International (CSL) to complete additional work on potential design options for
the Five Flags Center for an amount of$82,800. Funding for this study is included in
the Fiscal Year 2020 budget.
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Mic ael C. Van Milligen �� �
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Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Marie L. Ware, Leisure Services Manager
THE CTTY OF Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Five Flags Civic Center Phase 2A Services Agreement
DATE: May 14, 2019
INTRODUCTION
The purpose of this memorandum is to share a proposal for a Five Flags Civic Center
Phase 2A Services Agreement.
BACKGROUND
At the July 2, 2018 City Council meeting the Five Flags Civic Center Commission
forwarded their unanimous recommendation to receive and file the Five Flags Civic
Center Assessment and Study completed by Conventions, Sports and Leisure
International (CSL). Additionally, they unanimously recommended based upon the
response of the Dubuque community and all the public input that the Council choose
scenario four for the Five Flags renovations. All documents related to this council
meeting are located at
http://weblink.citvofdubuque.orq/weblink/DocView.aspx?id=1942216&searchid=bfabOc4
e-2a17-4e7e-9b15-7bd2d80a718c&dbid=1 . The document totals 467 pages including
all public input received. The City Council voted to receive and file the documents.
The City Council during their annual goal setting session adopted for their Policy
Agenda with the Five Flags Center: Direction and Funding as a 2018-2020 Top Priority.
Discussion at the goal setting session was around Scenario 4 with other scenarios
discussed as well.
The City Council asked staff during the goal setting meetings to provide general
direction on next steps and timing possibility for moving forward. It was also shared that
certain next steps would require private involvement if a ballot initiative would be
undertaken.
Conventions, Sports and Leisure International was contracted to perform Phase 2
planning for an expanded and improved Five Flags Civic Center based upon diving
deep into scenario 4 by approval of the City Council on November 5, 2018. The
proposal was heavily weighted to work items to be completed by subconsultants Betsch
Associates and FEH Design along with structural, mechanical and environmental
subconsultants. The report was to be presented to the City Council on December 17,
2018. The Phase 2 and all documents from the December 17, 2018 meeting can be
viewed at this link
https://citvofdubuque.novusaqenda.com/Aqenda Public/CoverSheet.aspx?Item I D=9315
&MeetinqlD=508. The City Council voted unanimously that evening to receive and file
the Summary of Phase 2 Planning for an Expanded/Improved Five Flags Civic Center.
DISCUSSION
The FY 20 budget for Five Flags Civic Center approved on March 7, 2019 contains an
improvement package that was approved to study up to two more scenarios. The
improvement package was approved to begin before the FY 20 budget that starts July
1 , 2019 and staff workload has delayed it until this time. This deep dive into 2 more
scenarios would provide the City Council with additional information regarding other
scenarios.
The agreement proposal includes the study of two additional scenarios. Scenario 3
represents a renovated complex with an expanded arena. This scenario would look at
keeping the wall between the promenade and the current arena, removing the roof and
raising the roof as well as expanding the arena across 5�h Street. The arena would
remain in iYs current east/west configuration and be a U-shaped arena. An initial
investigative review would be conducted to determine if any likely or probable fatal flaws
exist concerning concept feasibility and the successful execution and outcome related
to this scenario. Should any critical flaws related to this scenario be uncovered initially,
or during subsequent planning work outlined, the city would have the opportunity to
cease work on this scenario.
A second scenario relates to looking at the current scenario 4 that was presented in
December of 2018 and a hybrid of scenario 4. Scenario 4 created a north south bowl-
shaped arena. It expanded across 5�h Street and moved the entry of the facility to the
north east corner of the building along Main Street. Work would be done with the
consultants to modify scenario 4 to create a hybrid of this scenario involving
programmatic adjustments that could result in a lower cost project opportunity. These
potential modification items would be discussed in a first meeting with the consultants,
SMG representatives, city staff and partners to the project.
The improvement package also contained $20,000 for a soils analysis. This work will
be completed separately from this action item however the report of the soils analysis
would be shared with the consultant team as it would allow the consultants in this
agreement to confirm more accurate pricing for construction related to items such as
footings for the expansion area of an addition Five Flags beyond it current footprint.
2
This work relates to the City Council Policy Agenda 2018-2020 Top Priority Five Flags
Civic Center: Direction and Funding.
BUDGETIMPACT
FY 20 budget contains $102,800 for this deeper dive into two different scenarios and a
soils analysis (10032100-62712). Budget and Finance Director Jenny Larson shared if
a purchase order is completed before 6/30/19, a budget reduction would be done in
Amendment #1 of FY 20 for the purchase order amount. The proposals fee is $82,800.
ACTION REQUESTED
I respectfully share the Phase 2A Services Agreement proposal for the City Council's
consideration.
attachment
cc: Assistant City Manager Teri Goodman and Cori Burbach
City Engineer Gus Psihoyos
Project Manager Steve Brown
Public Information Officer Randy Gehl
Budget and Finance Director Jenny Larson
City Attorney Crenna Brumwell
Five Flags Civic Center General Manager HR Cook
Five Flags Civic Center Commission
3
CONVENTION
SPORTS
May 15, 2019
Ms. Marie L. Ware
Leisure Services Manager
City of Dubuque Leisure Services Department
2200 Bunker Hill Road
Dubuque, Iowa 52001-3010
Dear Ms. Ware:
This letter ("Letter") sets forth our understanding of the terms and objectives of the engagement
of Conventions, Sports & Leisure International ("CSL") and the City of Dubuque ("Client") to provide
additional consulting services related to the Five Flags Civic Center ("FFCC") Assessment and Study
(final report dated June 19, 2018) and the recently completed Additional Services (agreement dated
October 25, 2018). CSL will perform these services with the assistance of BetschAssociates, Inc.
and FEH Design, who will separately subcontract with CSL. This Letter also provides the nature
and limitations of the services to be provided and the related fee arrangement.
Scope of Services
It is understood that the Client desires to advance assessment and planning efforts associated with
a potential major renovation/improvement project for the FFCC under Scenario 3 (as specified in
the original Assessment and Study), building off of assessment and planning work completed for
Scenario 4 for the Additional Services effort completed in December 2018. The work will also
include investigation of a hybrid Scenario 4 concept, involving strategic programmatic adjustments
that could result in a lower cost project opportunity.
Specifically, the services to be provided include various research and investigation into estimated
development costs associated with the proposed FFCC project under Scenarios 3 and 4, as well as
on-call advisory assistance.
In association with FEH Design, BetschAssociates, Inc. will perform the following scope of services:
1. Initial conference calls to complete the following tasks:
a. Review of the scope of Scenario 3 that was created with the Assessment and Study.
This review will include discussions with City staff and the FFCC staff to gain feedback
on the City planning issues, site work, arena design, extent of support facilities, and
scope of theatre upgrades to create a consensus for the scope and overall direction for
each option.
b. Discussion of the viability of Scenario 3 and the potential to develop a hybrid of Scenario
4 as a substitute that could result in a lower cost project (than previously estimated
through the 2018 Additional Services work).
Conventions, Sports & Leisure International
520 Nicollet Mall • Suite 520 • Minneapolis, MN 55402 • Telephone 612.294.2000 • Facsimile 612.294.2045
Ms. Marie L. Ware
May 15, 2019
Page 2 of 8
c. Building walk-through by structural and mechanical engineers to identify renovation
items and potential design issues associated with renovation of the existing arena and
the balance of the Five Flags Center.
2. Initial investigative work designed to determine if any likely or probable fatal flaws exist
concerning concept feasibility and the successful execution and outcome related to Scenario
3. Should any critical flaws related to Scenario 3 be uncovered initially, or during
subsequent planning work outlined herein, the Client (City) would have the opportunity to
cease work relating to Scenario 3.
3. Refinement of Scenario 3 and development of a hybrid Scenario 4 per the input received
from the City and collaboration with CSL and other key FFCC stakeholders. This will include
development of a site plan, floor plans for all levels, and exterior building elevations and
sketches for each option to serve as the basis for the estimates of project cost.
4. Development of a detailed estimate of project cost for each option including property
acquisition, environmental remediation, utility relocation, site work, renovation, new
construction, FF&E, soft costs, escalation to the mid -point of construction, and project
contingency. The estimates will include a summary of key programmatic components, toilet
fixture counts, finishes, and systems which support the project cost.
5. Review of the proposed project cost with the same national and local contractors to confirm
unit cost for the renovation of key components of Scenario 3 and a hybrid Scenario 4.
6. Collaborate with CSL to review key assumed project components and to refine program
assumptions to best balance marketability and operating and construction cost reduction
needs relative to Scenario 3 and a hybrid Scenario 4.
7. Update/inflate Scenario 4 cost estimates generated during the 2018 Additional Services
effort to reflect the current year and projection format conducted under this current effort
(to allow for appropriate scenario comparison).
8. Conference calls with the City staff and CSL to review the building conceptual designs, the
proposed project costs, and potential funding strategies for the project.
9. Conference call with the FFCC Commission to discuss and present findings.
10. Two-day site visit to brief the City staff and present the final floor plans and cost estimates
to the City Council, along with implementation recommendations.
CSL will provide targeted advisory assistance. The services, as requested by the Client, could
include, but will not necessarily be limited to:
1. On -Call Availability
Availability for telephone conference calls and in-person visits to Dubuque for discussions,
strategic planning, presentations, and support of the project team.
2. Refine Concept, Update Key Study Assumptions & Models
Utilizing the results of the previously conducted FFCC Assessment and Study and our past
experience and knowledge of industry best practices, we will work collaboratively with team
Ms. Marie L. Ware
May 15, 2019
Page 3 of 8
members to further refine pertinent detail, assumptions, funding, and implementation and
business planning issues as they relate to reaction to project concepts, including, but not
limited to, physical characteristics and amenities, market positioning, configuration at the
project site, parking needs/opportunities, marketing opportunities and challenges, fit and
connectivity within the downtown and greater destination/marketplace,
ownership/management scenarios, operational issues, retail and other revenue -generating
opportunities, and other such items. We will update research and analysis, as appropriate, to
revise key analysis and findings associated with the previously -conducted study and Additional
Services work. We will update our utilization, attendance, financial operating, and economic
impact models to reflect the most appropriate set of assumptions and estimates regarding the
scenario subjects (Scenario 3 and hybrid Scenario 4). We will also generate additional data
and analysis to demonstrate the market capture, financial operating and economic impact
implications of variations in major facility components (i.e., seating levels and key amenities).
3. Additional Advisory Services and Best Practices Consultation
(as needed and as explicitly requested by the City)
a. Development of additional research and analysis, as needed and specifically requested
by the City throughout the planning process, including those related to updated
financial operating analysis, funding/financing issues, market capture, attendance,
utilization, occupancy, parking requirements/needs, economic/tax impacts, etc.
b. Access to a large proprietary database of industry research, agreement documents
from comparable facility projects (i.e., Development Agreements, P3 (public/private
partnership) Agreements, Private Management Agreements, Marketing Agreements,
Food Service, Naming Rights/Sponsorship Agreements, and other service provider
agreements, etc.).
c. Assistance in identifying and evaluating funding options for the project, with a focus
on both industry best practices as well as specific opportunities present in Dubuque
and Iowa.
d. Evaluation and negotiation assistance with key terms associated with a variety of
potential or identified agreements involving the public sector and private parties.
e. Assistance in reviewing programmatic and design documents related to the FFCC
project, and other project elements upon their development and refinement.
f. As needed, research and discussion of best practices and industry benchmarking
relative to business planning and development implementation aspects for the FFCC
project, and in terms of best positioning coordination and collaboration among parties.
Other industry -related and project -specific areas, as requested by the Client, as
reasonable with consideration of total available engagement budget capacity.
g.
Ms. Marie L. Ware
May 15, 2019
Page 4 of 8
Professional Fees and Expenses
Total professional fees for any engagement will depend on the number of hours required to
complete the project and skill levels of the assigned personnel.
Professional fees and out-of-pocket expenses associated with the scope of work outlined herein
will not exceed $82,800, without express written consent of the Client. Fees and expenses are
distributed as follows:
BetschAssociates/FEH Design/Structural,
Mechanical, Environmental Subconsultants
CSL International
Professional Fees and Expenses
$62,800
$20,000
$82,800
Billable hours by staff member and incurred out-of-pocket expenses will be tracked and itemized
monthly for the Client. If the aggregate total of hourly billings and out-of-pocket expenses exceed
the not -to -exceed fee and expense amount, we will immediately inform the Client and, upon the
Client's express written consent, will bill additional fees on an hourly rate basis.
Hourly rates by Project Team staff position are as follows. These hourly rates have been developed
in consideration of a "premium" associated with the provision of proprietary in-house industry data
and the variable, on-call preferential nature that will be afforded to the Client for requested
services.
CSL Principal (Bill Krueger) $325
CSL Analysts & Support Staff $185
Betsch/FEH Managing Principal $225
Betsch/FEH Principal $165
Betsch/FEH Sr. Project Architect/Designer/Engineer $125
Betsch/FEH Project Architect/Designer/Engineer $ 95
Betsch/FEH Staff Architect/Designer/Engineer $ 85
Betsch/FEH Technical/CADD/Admin Staff $ 65
Fees and expenses will be billed on a monthly basis. In the event that a decision not to proceed
occurs at any point following the initiation of this engagement, we will cease our work immediately
and bill you for time incurred on the project at that point in time.
Ms. Marie L. Ware
May 15, 2019
Page 5 of 8
Timing
We are prepared to commence this engagement upon receipt of notice to proceed. It is estimated
that 10 to 12 weeks would be required to complete these services.
We anticipate completing this engagement in full, performing all work as set forth herein. In the
event that a decision not to proceed occurs at any point following the initiation of this engagement,
we will cease our work and bill you for time incurred on the project at that point in time.
Conditions of Work
1. Information and Data. CSL is entitled to assume, without independent verification, the
accuracy of all information and data that the Client provides to CSL. All information and data to be
supplied will be complete and accurate to the best of the Client's knowledge. CSL will use
information and data furnished by others if CSL in good faith believes such information and data
to be reliable; however, CSL shall not be responsible for, and CSL shall provide no assurance
regarding, the accuracy of any such information or data. CSL shall be providing advice and
recommendations to the Client; however, all decisions in connection with the implementation of
such advice and recommendations shall be the Client's responsibility. CSL shall have no
responsibility for any decisions made by the Client relating to the project or CSL's services
hereunder. CSL shall have no responsibility for any assumptions provided by the Client, which
assumptions shall be the Client's responsibility. The reports may include estimates of annual
operating results based upon courses of action that the Client expects to take prior to and during
the period under analysis. The Client is responsible for representations about its plans and
expectations, and for the disclosure of significant information that might affect the estimated
results.
2. Reports. Any reports prepared by CSL are valid only when presented in their entirety and only
for the purpose stated therein. It is expressly understood that (a) CSL's reports, suggestions,
analyses and conclusions, if any, do not, in whole or in part, constitute a fairness or solvency
opinion or a feasibility report and (b) CSL will not perform any review, audit or other attestation
procedures with respect to financial information as defined by the American Institute of Certified
Public Accountants and will not issue any opinion, report or other form of assurance with respect
to any financial information. There will usually be differences between the estimated and actual
results because events and circumstances frequently do not occur as expected, and those
differences may be material. Should the Client have any reservations with regard to the estimates,
we will discuss them with the Client before the report is issued. Any partially completed work
products and drafts presented to the Client are for internal use only.
3. Confidentiality. CSL will maintain the fact of this engagement along with all aspects of the
engagement in strict confidence, not disclosing to any third party. Client understands and agrees
that CSL shall be the owner of all methods, techniques, processes and skills and adaptations thereof
(including, without limitation, generalized features of the sequence, structure and organization) of
any work product resulting from CSL's services. CSL understands and agrees that Client shall be
Ms. Marie L. Ware
May 15, 2019
Page 6 of 8
the sole owner of all products resulting from or related to CSL's services, including, without
limitation, all survey data, feasibility studies, revenue potential analyses, market demand analyses,
and any other documents or summaries of the findings or results of any analysis related to this
agreement. All confidential information provided by the Client shall remain Client's sole property.
CSL will preserve the confidential nature of information received from the Client in accordance with
CSL's established policies and practices. Neither Client nor CSL shall reference the other's name or
anything related to this engagement without the other's prior written consent, except as may be
required by law in which case, consent of the other party shall not be required. The Client agrees
that any reports, analyses or other documents prepared by CSL will be used only in compliance
with these terms, conditions, applicable laws, and regulations.
4. Property. To the extent that CSL utilizes any of its property (including, without limitation,
proprietary databases, proprietary information, any hardware or software) in connection with its
services, such property shall remain the property of CSL, and the Client shall not acquire any right
or interest in such property. CSL shall have ownership (including, without limitation, copyright
ownership) and all rights to use and disclose its ideas, concepts, know-how, methods, techniques,
processes and skills, and adaptations thereof (including, without limitation, generalized features of
the sequence, structure and organization) in conducting its business, and the Client shall not assert
or cause to be asserted against CSL or its personnel any prohibition or restraint from so doing.
However, all products resulting from or related to CSL's services, including, without limitation, all
survey data, feasibility studies, revenue potential analyses, market demand analyses, and any other
documents or summaries of the findings or results of any analysis related to this agreement shall
be deemed works for hire that Client owns.
5. Limitation on Warranties. This is a consulting services agreement. CSL represents and
warrants that it shall provide the services in good faith using commercially reasonable efforts. CSL
disclaims and Client hereby expressly waives any and all claims based on any other representations
and warranties, whether express, implied or otherwise, including, without limitation, warranties of
merchantability and fitness for a particular purpose.
6. Indemnification. To the extent allowed by law, the Client shall indemnify and hold harmless
CSL, its members, principals, and employees from and against any and all causes of actions, losses,
damages, claims, liabilities, costs, and expenses (including, without limitation, legal fees and
expenses) which may be asserted, brought against, paid or incurred by any of them at any time in
any way arising out of or relating to (a) caused by any breach by Client of any representation,
warranty, covenant or other provision of this Agreement; or (b) caused by the negligent or willful
misconduct of Client or any of their officers, directors, employees, agents, representatives, except
to the extent it is finally judicially determined that such losses have resulted from the willful
misconduct of CSL. CSL and its affiliates shall indemnify and hold harmless the Client, its members,
principals, and employees from and against any and all causes of actions, losses, damages, claims,
liabilities, costs, and expenses (including, without limitation, legal fees and expenses) which may
be asserted, brought against, paid or incurred by any of them at any time in any way arising out
of or relating to CSL's services, except for provision 5 and/or to the extent it is finally judicially
determined that such losses have resulted from the willful misconduct of the Client.
7. Limitation on Damages. Except for any claims subject to indemnification above in Section 6
or as otherwise covered by the limits of any insurance required herein, CSL, its members, principals,
and employees shall not be liable to the Client for any losses, damages, claims, liabilities, costs, or
expenses in any way arising out of or relating to this engagement for an aggregate amount in
excess of the Fees paid by the Client to CSL for its services.
Ms. Marie L. Ware
May 15, 2019
Page 7 of 8
The Client, its members, principals, and employees shall not be liable to CSL for any losses,
damages, claims, liabilities, costs, or expenses in any way arising out of or relating to this
engagement for an aggregate amount in excess of the Fees paid by the Client to CSL for its services.
In no event shall either CSL or Client, of each of their respective members, principals, or employees
be liable for consequential, special, indirect, incidental, punitive, or exemplary loss, damage, cost,
or expense (including, without limitation, lost profits and .opportunity costs); provided however,
that with respect to CSL, this limitation shall not apply with respect to claims proximately caused
by CSL's negligence but rather shall be limited to the limits of any insurance required of CSL herein.
The provisions of Section 6 and this Section 7 shall apply regardless of the form of action, whether
in contract, statute, tort (including, without limitation, negligence), or otherwise, and shall survive
the completion or termination of this engagement.
8. Subsequent Work. CSL, by reason of the performance of its services, is not required to furnish
additional work or services, or to give testimony, or to be in attendance in court with reference to
the assets, properties, or business interests in question. CSL will have no responsibility to update
any report, analysis, or other document relating to its services for any events or circumstances
occurring subsequent to the date of such report, analysis, or other document.
9. Cooperation. The Client shall cooperate with CSL in connection with the performance of its
services, including providing CSL with reasonable and timely access to the Client's information,
data, and personnel.
10. Non -Exclusivity. Nothing in this report, including these Terms and Conditions, shall be
construed as precluding or limiting in any way the right of CSL to provide consulting or other
services of any kind or nature whatsoever to any person or entity as CSL in its sole discretion
deems appropriate.
11. Force Majeure. CSL shall not be liable for any delays or failures to perform its services
resulting from circumstances or causes beyond its reasonable control, including, without limitation,
fire or other casualty, act of God, strike or labor dispute, war, or other violence, or any law, order,
or requirement of any governmental agency or authority.
12. Independent Contractor. CSL is an independent contractor and not an employee, agent or
partner of Client. CSL is not authorized directly or indirectly to represent to any person that
Consultant has the authority to bind the Client to any agreement or course of conduct. However,
CSL shall have the right to use subcontractors, as necessary.
13. Inconsistencies. In the event of any conflict or inconsistency between the provisions set
forth in the Letter and these Terms and Conditions, the provisions of these Terms and Conditions
shall govern.
14. Complete Agreement. The Letter, including these Terms and Conditions, constitutes the
entire agreement between the Client and CSL with respect to the subject matter thereof and hereof,
and supersedes all other oral or written representations, understandings, and agreements between
the Client and CSL relating to the subject matter thereof and hereof. The Letter, including these
Terms and Conditions, cannot be changed, except by written instrument signed by both the Client
and CSL. The Letter, including these Terms and Conditions, shall be binding on the Client and CSL,
and the Client's and CSL's permitted successors and assigns; however, neither the Client nor CSL
may assign the Letter, including these Terms and Conditions, without the prior written consent of
Ms. Marie L. Ware
May 15, 2019
Page 8 of 8
the other, except that the Client and CSL may assign the Letter, including these Terms and
Conditions, to any successor to all or substantially all of the business or assets of such party.
15. Governing Law. The Letter, including these Terms and Conditions, shall be governed by and
construed under the laws of the State of Iowa.
16. Counterparts. This Letter may be executed in counterparts, or by facsimile or
telecommunicated counterparts, each of which shall be deemed an original and both of which,
when taken together, shall constitute the same agreement.
17. Consent and Good Faith Dealings. The parties hereby covenant, each to the other, that
each will deal with the other equitably, and will take into account the reasonable commercial
expectations of the other in the exercise of rights and obligations hereunder. When consent or
approval is requested for any action, the party from whom approval is sought shall give full and
fair consideration to the financial issues raised by the other party and shall act in a fair, timely and
non -capricious manner. Unless other indicated specifically in this Letter, consent and approvals
shall not be unreasonably withheld, delayed or conditioned.
18. Insurance. CSL shall obtain and maintain at all times during the performance of its services
insurance as required by Insurance Schedule C, attached hereto.
If you are in agreement with the aforementioned, please indicate by signing in the space provided
below, and returning this letter to CSL International. If you would like to discuss this letter, please
contact Bill Krueger at 612-294-2003 or bkrueger@cslintl.com.
Very truly yours,
C .z.
Conventions Sports & Leisure International, LLC
Acknowledged and Accepted by:
CITY OF DJ'QU. , IO
6
Signature
Roy D. Buol
Printed Name
Mayor
Title
May 20, 2019
Date
1.
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J
shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for
the coverage required in Exhibit I prior to commencing work and at the end of the project if the
term of work is longer than 60 days. Contractors presenting annual certificates shall present a
certificate at the end of each project with the final billing. Each certificate shall be prepared on
the most current ACORD form approved by the Iowa Department of Insurance or an equivalent
approved by the Finance Director. Each certificate shall include a statement under Description of
Operations as to why the certificate was issued. Eg: Project # or Project Location at
or construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each certificate shall be furnished to the
Department of the City of Dubuque.
4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of
these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance
shall be considered a material breach of this agreement.
5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during
the performance of work insurance for the coverages described in this Insurance Schedule and
shall obtain certificates of insurances from all such subconsultants and sub-subconsultants.
Contractors agree that they shall be liable for the failure of a subconsultant and sub-
subconsultant to obtain and maintain such coverages. The City may request a copy of such
certificates from the Contractor.
6. All required endorsements shall be attached to certificate of insurance.
7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or
an equivalent form may be substituted if approved by the Finance Director and subject to the
contractor identifying and listing in writing all deviations and exclusions from the ISO form.
8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law_
or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the
required minimum limits then the provider's limits shall be this agreement's required limits.
Page 1 of 4 Schedule J Professional Services November 2017
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J (continued)
Exhibit I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG0001 or business
owners form BP0002. All deviations from the standard ISO commercial general
liability form CG 0001, or business owners form BP 0002, shall be clearly
identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General
Aggregate Limit" or CG 25 03 "Designated Construction Project (s) General
Aggregate Limit" as appropriate.
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement. (Sample
attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 2026.
6) Policy shall include Waiver of Right to Recover from Others endorsement.
B) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85 as amended.
Coverage A
Coverage B
Statutory—State of Iowa
Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Nonelection of Workers' Compensation or Employers' Liability Coverage under Iowa
Code sec. 87.22
yes form attached
Page 2 of 4 Schedule J Professional Services November 2017
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J (continued)
D) UMBRELLA/EXCESS LIABILITY $1,000,000
Umbrella/excess liability coverage must be at least following form with the underlying
policies included herein.
E) PROFESSIONAL LIABILITY $1,000,000
Provide evidence of coverage for 5 years after completion of project.
F) CYBER LIABILITY $1,000,000
yes no
Coverage for First and Third Party liability including but not limited to lost data and
restoration, loss of income and cyber breach of information.
Page 3 of 4 Schedule J Professional Services November 2017
City of Dubuque Insurance Requirements for Professional Services
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 4 of 4 Schedule J Professional Services November 2017