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Parking Ramp RFP_Consulting Engineering Design Services 5 4 09THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Downtown Parking Ramp Request for Proposals for Consulting Engineering/Design Servics DATE: May 1, 2009 Parking System Supervisor Tim Horsfield is requesting City Council approval to issue a Request for Proposal for engineering/design services required to design new parking ramps in downtown Dubuque. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Tim Horsfield, Parking System Supervisor Dave Heiar, Economic Development Director Parking Division Dt~k~uque 830 Bluff Street Dubuque, IA 52001 `, , ;,,,, ~ -',;;;~' Phone: 563-589-4267 ~ ~ Fax: 563-589-4308 I ~Ot37 To: Michael C. Van Milligen, City Manager From: Tim Horsfield, Parking System Supervisor Subject: Downtown Parking Ramp Request for Proposals For Consulting Engineering/Design Services Date: May 1, 2009 INTRODUCTION --~- THEC11'YOP ~ :"'.,s,. -~~ ~~ ~- The purpose of the memorandum is to request City Council approval to distribute a Request for Proposal (RFP) for engineering/design services required to design two (2) parking ramps; one located at 5t" and Bluff and the second located at 10tH and Central. BACKGROUND In February of 2009, we contracted with Desman Associates, a nationally recognized parking consultant group, to assist with determining a location for the construction of a new parking ramp to accommodate the increase in parking needs. As a part of that study, several sites were evaluated along with evaluating the locations of parking demand generators. DISCUSSION The construction of the downtown parking ramps is estimated to have a budget of approximately $23 million and will produce a net gain of parking spaces of 746. We are anticipating a design that would architecturally compliment the selected locations and provide a potential venue for additional retail or office space at the sites in the future. The RFP assumes a standard design-bid-build project delivery process. However, the selected firm will need to convince the City that if deemed necessary due to various funding obligations or schedule adjustments, they would be able to react to a significantly accelerated design schedule that would include early start, and multiple contract bid packages. The proposed schedule provides for final design plans to be ready for bidding in August or September of 2009; optimal completion of construction is fall of 2010. Downtown Parking Ramp Request for Proposals For Consulting Engineering/Design Services May 1, 2009 Page II COfdSULTP-NT SELECTI®N C®NiMITTE The Consultant Selection Committee for the Downtown Parking Ramp includes the following: Rick Dickinson, Greater Dubuque Development Corporation Dan LoBianco, Dubuque Main Street Jenny Larson, Budget Director Ken TeKippe, Finance Director David Heiar, Economic Development Director Steve Sampson-Brown, Project Manager-Engineering David Johnson, Planning Services Department Kyle Kritz, Planning Services Department Tim Horsfield, Parking System Supervisor SCFiE®ULE The RFP Consultant Selection schedule is as follows: ® RFP Release to Consultants May 5, 2009 ® Response Proposals Due May 22, 2009 ® Committee Review End of May ® Recommendation to City Council June 15, 2009 ~-CTI®N T® BE TAKEN With your approval and subsequent approval by the City Council, I am requesting permission to distribute the Request for Proposal for engineering/design services required to design the Downtown Parking Ramps. cc: Rick Dickinson, Greater Dubuque Development Corporation Dan LoBianco, Dubuque Main Street Jenny Larson, Budget Director Ken TeKippe, Finance Director David Heiar, Economic Development Director Steve Sampson-Brown, Project Manager-Engineering David Johnson, Planning Services Department Kyle Kritz, Planning Services Department REQUEST FOR PROPOSAL (RFP) ISSUE DATE: May 4, 2009 CONTACT: Tim Horsfield PHONE NO: 563-589-4266 FAX NO: 563-690-6675 EMAIL: thorsfie@cityofdubuque.org SUBMIT PROPOSAL/OFFER PRIOR TO: SUBMIT TO: CLOSING DATE: May 22, 2009 SEE Section 8.0 CLOSING TIME: 10:00 A.M. (local time) FAX/EMAIL NOT ACCEPTED DESCRIPTION: Architectural Design, Engineering and Construction Administration Services for 2 Parking Ramps Located at thth 5 and Bluff and 10 and Central RECEIPT OF PROPOSAL ACKNOWLEDGEMENT If you are considering a response to this RFP, please mark the box to the left, fill in the information below and return this sheet as a confirmation that you received this RFP. NO RESPONSE REPLY If you do not want to respond to this RFP at this time, please mark the box to the left, fill in the information below and return this sheet only. COMPANY NAME: DATE: MAILING ADDRESS: CITY/STATE: ZIP CODE: AUTHORIZED SIGNATURE: PRINTED NAME: TITLE OF AUTHORIZED REPRESENTATIVE: EMAIL: PHONE: CITY OF DUBUQUE PARKING DIVISION ? ? REQUEST FOR PROPOSAL Downtown Parking Facilities thth 5 & Bluff and 10 & Central City of Dubuque, Iowa May 4, 2009 Page 2 of 26 RFP ORGANIZATION Downtown Parking Facilities City of Dubuque, Iowa May 4, 2009 Table of Contents: SECTION PAGE 1.0 Introduction………………………………………………………… 4 2.0 Project Objectives………………………………………………… 4 3.0 Community Background………………………………………….. 5 4.0 Project Scope of Services……………………………………….. 5 5.0 Use of City Resources……………………………………………. 9 6.0 Information to be Included in the Proposal…………………….. 10 7.0 Proposal Question and Answers………………………………... 12 8.0 Submission Requirements…………..…………………………… 13 Appendix A Consultant Evaluation Selection Process……………………… 15 Appendix B RFP Rules and Protest Procedure……………………………. 19 Appendix C City of Dubuque Contract Terms and Conditions…………….. 21 Appendix D Insurance Requirements…………………………………………. 25 Page 3 of 26 Downtown Parking Facilities City of Dubuque, Iowa Consultant Professional Services Request for Proposal May 4, 2009 1.0 INTRODUCTION The City of Dubuque, Iowa is soliciting competitive sealed proposals from qualified th professional firms to complete a multi phased design for two parking ramps, 1 located at 5- th Bluff and the other at 10-Central in downtown Dubuque. The project will be conducted in two phases. Phase I will include schematic and design development services and Phase II will include construction document and bidding services along with construction administration duties. It is anticipated that the timeframe for Phase I will be two to three months following the signing of a professional service agreement. The selected Consultant will be expected to complete the contracted scope of work within the specified timeframe, under the general direction and coordination of the City’s Parking Division and Engineering Department as authorized by the City Council. Construction may also, at the direction of the City, be completed in phases. 2.0 PROJECT OBJECTIVES The City of Dubuque has been planning for the construction of two Downtown Parking Facilities for several months. Components of the project will include: construction of two parking structures with a combined capacity for approximately 750 vehicles, as a location for future office/retail space, an IP addressable video camera system, ticket booths at vehicle access points supporting the operation of a paid parking structure with the potential inclusion an automated traffic counter system, function as a hub for local transit, aspects that are pedestrian friendly and accessible which include access to the center via bike lanes and public restrooms. We have an estimated budget of $23 million for the project. th With this project, we will be constructing two ramps. The first one located at 5 and Bluff th Streets with a capacity of approximately 560 spaces and the second one located at 9 and Central (Fire Headquarters Lot) on the northern most part of the block with a capacity of th approximately 371 spaces. We are estimating a budget of $12,424,000 for the 5 and Bluff th Street project and $11,000,120 for the 9 and Central Avenue site. Being located in the downtown Dubuque the facilities must contain architectural aspects that enhance the overall aesthetics of downtown and further contribute to the overall vitality of the Page 4 of 26 area. A key measurement for the success of the project will be the resulting smooth traffic flow in and out of the facility including convenient driveway connections to roadways that access other areas. The RFP assumes a standard design-bid-build project delivery process. However, the selected firm will need to convince the City that if deemed necessary due to various grant funding obligations, they would be able to react to a significantly accelerated design schedule that would include multiple, early start construction bid packages. 3.0 COMMUNITY BACKGROUND The City of Dubuque is located on the Mississippi River in northeastern Iowa, adjacent to Illinois and Wisconsin. The City is approximately 30 square miles in area, with a population of approximately 60,000 people. The City's annual operating and capital budget is nearly $116 www.cityofdubuque.org million and funds a full range of services. The City’s web site is. The community has a stable and diversified manufacturing base and a growing service sector. Dubuque is the major retail, medical, education and employment center for the tri- state area. Tourism continues to be a major economic force in the community. City government works in collaboration with the private sector to promote economic development. The job creation and unemployment numbers show that Dubuque is growing steadily in the current economic climate. Dubuque’s construction numbers reveal an even more encouraging picture. The City has formed strong relationships with the local business community to promote continued economic growth and success. 4.0 PROJECT SCOPE OF SERVICES The following outline represents the minimum components that must be provided for this project. Work will be authorized for each phase as funding becomes available. If at any point in the project grant funds for construction appear to be no longer available, work will stop at the end of the currently authorized phase. The City wants it to be clear that it desires a robust and competent design for the facilities. Proposed budgets for each of the phases should be based on achieving this goal and not based on the currently available funding amount. Sustainable design practices should be applied to all aspects of the project. In 2006, the Mayor and City Council identified Sustainability and Green City designation as a top priority. Since then, the city has been working to implement this priority as listed on the www.sustainabledubuque.org website on all projects. The City will place special emphasis on energy efficiency to reduce long term operation and maintenance costs and the potential incorporation of renewable energy sources. The US EPA’s Energy Star design and rating criteria shall be applied to this project in applicable areas. In preparing a response to this RFP, the Consultant should describe the means or strategy by which they would satisfy the scope of services. The Consultant may also choose to provide a second alternative or hybrid strategy that details what processes and outcomes would be used to make the project better. Page 5 of 26 4.1 – Project Management & Accounting 4.1.1 The selected firm shall identify one person to serve as the Project Manager for this project. The Project Manager shall be the leader of this effort and is expected to ensure that the project scope, schedule and Total Project Cost (TPC) budget are being monitored and adhered to at all times during the design and construction phases. One of the Project Manager's prime responsibilities is to track and facilitate solutions for any issues that may arise during the design and construction phases. Additionally, the Project Manager shall serve as the primary point of contact for all exchange of information between the City and the selected firm. 4.1.2 The Project Manager shall maintain an updated, Work Breakdown Structure (WBS)/task outline for the duration of the design and construction phases. The WBS shall contain line items for all major deliverable components of the project and any significant subcomponents along with the budgeted amount of fee associated with each task listed. Project Management shall be listed as a separate task on the WBS. The Project Manager shall track on the WBS the percent of work accomplished on each task that is listed. 4.1.3 The Project Manager shall maintain an updated project schedule for the duration of the design phases based on the tasks listed in the WBS. The Project Manager shall be responsible for reviewing and monitoring the Contractors project schedule during construction. 4.1.4 The Project Manager shall maintain an updated TPC budget for the duration of the project. The TPC budget shall be completed using the best available information at the time of each periodic submittal in order to provide an up-to-date estimated total cost for all components of the project. The budget shall include construction costs, equipment/furniture costs plus all other direct costs and reimbursable expenses for the Consultant, sub-consultants and the City. 4.1.5 During the design and construction phases of the project, the Project Manager shall submit to the City a bulleted progress report for the project. The summary shall only contain a list of major events that have occurred since the last report submittal, along with a list of work that will be accomplished in the upcoming weeks, and a list of critical items that need immediate attention. 4.2 - Project Manager Deliverables The following is a list of requirements that shall be provided throughout the design and construction of the project. 4.2.1 The Project Manager shall submit by electronic mail a copy of the WBS to the City on a monthly basis. The WBS shall be submitted during the first week of each month. At the time of submittal, the Project Manager shall be available for approximately 15 minutes by phone to discuss the progress made on individual tasks. Page 6 of 26 4.2.2 The Project Manager shall submit an updated electronic copy of the project schedule along with the WBS. This submittal is required during the design and construction phases. 4.2.3 The TPC budget shall be submitted to the City in an electronic file format along with the WBS. 4.2.4 The Project Manager shall submit a project progress update report during the first and third weeks of each month. The summary shall be submitted by electronic mail and be less than a single page in length. 4.3 – Phase I - Preliminary Programming, and Site Analysis 4.3.1 In support of the City's Vision for Sustainability, the Consultant shall begin to identify opportunities for sustainable design components to be incorporated into the project. Additionally, the City envisions directly hiring an energy efficiency and renewable energy expert that will provide an assessment of potential renewable energy options for the project, create a list of options and present the list to the design team to develop strategies to ensure all feasible options for the project are implemented, coordinate design of passive and active renewable energy systems, look for opportunities to maximize energy efficiency, review energy modeling for the plan set to achieve Energy Star tax credits, and review renewable energy design plans. 4.3.2 Preliminary Programming - Work includes research with stakeholders to determine needs of prospective retail/commercial space and traffic flow schematics. Throughout the design, the consultant should be prepared to provide periodically updated 3D models of the site using Sketch-Up or similar rendering software. 4.3.3 Site Analysis - Traditional site planning activities shall be conducted under this scope element. Work includes site development planning, utility coordination, geotechnical investigation, environmental/historical studies and reports, zoning compliance review and contaminated material studies. The City has available Phase I environmental assessment documents for this area. 4.4 – Phase II - Schematic Design & Design Development 4.4.1 Schematic Design - Typical design activities required to advance the project. Completion of schematic design phase shall include a detailed update to the project budget and meeting to review the progress plans and discuss needed modifications in order stay within the project budget. 4.4.2 Design Development - Typical design activities required to advance the project. This phase shall include authoring a building code report and life safety code report that summarizes code sections applicable to the project and any interpretations by the consultant. The reports shall be submitted to the local authorities along with a complete plan set for review and comment. The completion of design development phase shall include building code report, life safety report detailed update of the project budget, and a meeting to review the progress plans and discuss needed modifications in order to stay within the project budget. Page 7 of 26 4.5 – Phase III - Construction Documents, Bidding and Construction Administration 4.5.1 Construction Documents - Typical design activities required to prepare project documents for bidding including obtaining all required permit approvals, finalization of plans and specifications, detailed update to the project budget and a meeting to review the final plans. 4.5.2 Bidding Services - The Consultant will provide services for the public bidding phase of the project by: Developing a list of potential contractors or suppliers. ? Compile the bid package using a nationally accepted contract document standard ? format, incorporate City of Dubuque standard public bidding contract documents and general terms and conditions. Provide assistance with City Council document preparation. ? Send project team representative to all three City Council meetings required to bid ? and award the project. Direct the coordination of electronic and paper plan set distribution. ? Answer questions from contractors. ? Organize and lead pre-bid informational meeting. ? Prepare addenda as necessary. ? Attend bid opening, prepare evaluation of bids including alternates, and prepare ? recommendation for award of contract. Assist with execution of contract documents. ? 4.5.3 Construction Administration Services - The Consultant shall be responsible for the following services: Attend pre-construction meeting. ? During periods of active work by the contractor, assign one full time construction site ? supervisor to monitor all construction activities and assist City with coordination issues. With two sites, an additional person may be required. Attend periodic construction coordination meetings. ? Furnishings, Fixtures and Equipment purchase coordination. ? Observe and evaluate the Contractor's quality of work per the requirements of the ? construction contract, general conditions, plans and specifications. Answer questions during construction on the interpretation and intent of the plans ? and specifications. Review and approve material sources and shop drawings. ? Review and processing of payment applications by contractors. ? The Architect shall review requests for changes, process and log Requests For ? Information, issue, log and assist in negotiating Contractor Proposal Requests, issue and log Construction Change Directives and based on all of the previous, submit recommendations to the City, and, if accepted process Construction Change Orders. On-site coordination of materials testing and technical inspections services as ? necessary, including RFP Scope of Services preparation for these services. Project schedule monitoring. ? Construction budget monitoring. ? Substantial inspection with City and Contractor and punch list creation. ? Issue Certificate of Substantial Completion. ? Actively monitor and report on punch list progress. ? Review and coordinate proper contractor submittal of Project Record Drawings. ? Page 8 of 26 Issue Certificate of Substantial Completion. ? Observe the contractor’s final testing, start-up of utilities systems and equipment ? schedule, coordinate digital video recording and observe training for operational systems and equipment. Secure, review and transmit to the City warranties, maintenance manuals and similar ? submittals as required in the construction documents. Project closeout. ? 4.6 – Phase IIII - Public Involvement 4.6.1 Multiple meetings with project stakeholders will be required during the design process to gather input, communicate project progress, and coordinate with various agencies. 4.6.2 Two public meetings with the City Council should be included with the project. The City Council will be kept informed of project's progress and findings throughout the project. Critical members of the firm’s project team are expected to be present at all meetings. Use of teleconference and videoconferencing is an acceptable alternative meting format as long as the objectives of the meeting agenda can be met. 4.7 – Schedule It is the intent of the City that the design of the project and initiation of the contract bidding shall be completed within three months after the signing of a professional service agreement. 4.8 – Quality Assurance/Quality Control The Consultant shall have a formal written QA/QC program in place for the full duration of the project. Upon request from the City and at anytime throughout the project, the Consultant shall provide documentation to the City that verifies the QA/QC program is being actively utilized and followed. 5.0 USE OF CITY RESOURCES 5.1 - Use of City Resources for the RFP Preparation ? All information requests shall be directed to the City’s Project Manager as detailed in Section 7.0 of this request for proposal. All Consultants should note that directly contacting other City of Dubuque staff or any of the Selection Committee members shall be considered inappropriate and grounds for disqualification. 5.2 - Material Available for the RFP ? Most current aerial photograph of the project area. A current aerial photograph of the City of Dubuque is available in SID file format. ? Consultant Site Selection Study/Testing Documentation 5.3 - City Resources Available to the Selected Consultant ? The City will make its ArcView GIS mapping and data analysis capabilities available for this project as well as staff contact/resources persons in the Planning Services Page 9 of 26 Department and the Engineering Department. Digital aerial photos of the City of Dubuque were taken in the spring of 2007. ? CADD line work drawings of City Roads, CADD plans of adjacent city streetscape available on DVD. ? Warehouse District Master Plan is available in PDF format. ? Downtown Parking Needs Assessment Study is available in PDF format. 6.0 INFORMATION TO BE INCLUDED IN PROPOSAL The submitted proposal should address all of the points outlined in this RFP excluding any cost information which shall be included in a separate sealed envelope labeled “Project Cost Estimate”. The Proposal should be prepared simply and economically, providing a straightforward, concise description of the Consultant’s capabilities to satisfy the requirements of the RFP. To simplify the review process and to obtain the maximum degree of comparability, the proposal shall include the following information and shall be organized in the order and manner specified below. While additional data may be presented, the following subjects must be included. They represent the primary criteria against which the proposal will be evaluated. Letter of Transmittal Provide a letter of transmittal briefly outlining the Consultant's understanding of the work and list the Project Manager’s the name, address, telephone number, and e-mail address. The name that is provided for the Project Manager will be used as the primary contact person during the RFP evaluation process. Index Each proposal shall contain a table of contents that delineates each section contained in the proposal and the corresponding page number. Profile of Firm Provide general information about the Firm, along with its area of expertise and experience as it relates to this RFP. Describe the experience and success of the Firm in working on similar projects. State the size of the Firm, the size of the Firm’s professional staff, and the location of the office from where the work on this project will be performed. Discuss the Consultant’s ability to integrate this project into their present workload. Include a statement to specify if the Consultant currently has the capacity to undertake the project or whether it intends to hire additional staff or partner with sub-consultants. Scope of Services Describe the means or strategy by which the Consultant would satisfy the scope of services for the currently approved budget as listed in Section 4.0. The Consultant may also choose to submit a second alternative or hybrid strategy with a modified scope of services and revised budget that would improve the results of this project. Page 10 of 26 Include a basic work plan for each strategy that delineates the Consultant’s approach to the completion of the project. The work plan, at a minimum, should include those components outlined in Section 4 of this RFP. The Consultant should indicate in the work plan the aspects of the project they expect to be completed by City staff. Highlight any parts of the work plan that will reflect the Consultant’s unique philosophy or insight regarding its approach to this project and how this approach positively impacts the successful completion of the project. Quality Assurance/Quality Control As a part of the proposal, specifically describe the quality control process that will be used throughout the project. List the amount of hours for each phase that will be dedicated to QA/QC and describe how those hours will be spent. The City expects that the majority of the QA/QC process will be performed by someone who is not an active member of the design team. Project Team Qualifications Provide the names of all members of the project team associated with this project. Specifically identify the supervisory and management staff including principals, the project manager, and technical experts who will be assigned to this project. For each project team member, provide a summary of their qualifications and experience. Include any training and relevant education. Provide a flow chart that shows the communication path between the City and Consultant. Include all project team members on the flow chart and show the supervisory relationship between all members of the team. Be sure to include all sub-consultants staff on the project team flow chart. Provide the name and location of other sub-consulting firms that would be used by the Consultant during the project and the approximate percentage of the work that would be performed by each firm. Summarize the qualifications and experience of all sub-consultant staff working on the project. In submitting the Bid Proposal, the prospective Consultant is representing that each person listed or referenced in the Proposal shall be available to perform the services as described. The project manager, principals, management, and other project team staff may be changed in accordance with the requirements described in Appendix “3 - Substitution of Project Team Members”. Describe the experience and success of the project team members proposed for the Dubuque project who have previously worked on similar projects together. Specifically list any successful experiences designing parking facilities with retail /commercial components for municipalities similar to Dubuque. Include at least 3 client references (including individual contact names and telephone numbers) for similar projects that have been completed by the firm in the last five (5) years. Page 11 of 26 List the names of individuals on the project team proposed for the Dubuque project who have worked on the referenced projects. Understanding of Final Contract Terms The Proposer should provide a statement that indicates they have read and understand Appendix C – “City of Dubuque Contract Terms and Conditions”, and agree to include the clauses that are listed in Appendix C in the final signed contract. Any exceptions to the Contract Terms and Conditions by the Consultant must be clearly stated in their submitted Proposal. Certificate of Insurance The Consultant should provide a statement indicating that they are able to meet the City’s insurance requirements for professional services. (See attached Insurance Schedule C – Appendix D.) Submittal of insurance documents as part of this RFP is not required. Proposed Project Schedule Provide a project schedule for each proposed strategy. Outline the time durations and estimated completion dates for each major component of the proposed scope of work. The schedule should list all deliverables that are required throughout the project. Fees and Compensation Provide a proposed fixed cost, plus reimbursable expenses budget for each strategy proposed to complete the requested scope of services. Breakdown costs by major scope element and include a list of hourly rates for personnel assigned to the project. Provide a sub total for each of the three phases so that work can be authorized as funding becomes available. Quotation of fees and compensation shall remain firm for a period of at least 90 days from the RFP submission deadline. Remember to separate the proposed budget from the other portion of the RFP submittal. Initial screening will be done without knowing the Consultant's proposed fee for services. 7.0 PROPOSAL QUESTIONS AND ANSWERS If you have any questions concerning this request for proposal, please submit your requests to the City’s designated Project Manager. The City has used considerable efforts to ensure an accurate representation of information in this RFP. Each Proposer is urged to conduct its own investigations into the material facts provided. No answers given in response to questions submitted shall be binding upon this RFP unless released in writing (letter or email) as an officially numbered and titled addendum to the RFP by the City of Dubuque. Any questions concerning this proposal must be received on or before 2:00 p.m. CDT on May 15, 2009. Any inquiries received after this date will not be answered. When submitting a question to the Project Manager, please include the appropriate firm contact information. Page 12 of 26 From the date of issuance of the RFP until final City action, the Proposer shall not discuss the RFP with or contact any other City of Dubuque staff or any of the Selection Committee members except as expressly authorized by the City's Project Manager identified in this section (Section 7.0). Violation of this restriction will be considered a violation of the rules and be grounds for disqualification of the Consultant’s proposal. Project Manager contact information is as follows: Tim Horsfield Parking Division Manager City of Dubuque Parking Division Phone: 563.589.4266 830 Bluff Street E-mail: thorsfie@cityofdubuque.org Dubuque, IA 52001 8.0 SUBMISSION REQUIREMENTS Before submitting a proposal, each Consultant shall make all investigations and examinations necessary to ascertain site conditions and requirements affecting the full performance of the contract and to verify any representations made by the City upon which the Proposer will rely. PROPOSAL SUBMITTAL INFORMATION Submittal Deadline: May 22, 2009 on or before 10:00 a.m. local time ? Submittal Location: City of Dubuque ? City Clerk’s Office 50 West 13th Street Dubuque, Iowa 52001-4864 Submittal Contact & Jeanne Schneider, City Clerk ? Mailing Address: City of Dubuque 50 West 13th Street Dubuque, Iowa 52001-4864 Submittal Copies: Eleven (11) sets of the proposal shall be provided. ? Submit one (1) original signed proposal, ten (10) copies and also an electronic .pdf version, all labeled Downtown Parking Facility. Submitted proposals must be in delivered in printed format with the exclusion of the one required .pdf version. The .pdf version shall be submitted on a compact disk along with proposal hardcopies. No faxed or e-mail proposals will be accepted. Page 13 of 26 The proposal must be a document of not more than fifteen (15) numbered 8-1/2 x 11-inch pages, with the exception of the project schedule which may be presented in 11 x 17-inch format, and not including the letter of transmittal, index, dividers and the front and back covers and the separately sealed cost proposal. Proposals should not include any pre- Any proposals exceeding 15 numbered pages will not printed or promotional materials. be considered. Each addendum must be acknowledged in the Letter of Transmittal by providing the addendum number and title. Failure to acknowledge each addendum will be considered grounds for possible disqualification. It is solely the Consultant’s responsibility to ensure that you have received all addendums to this RFP before submitting the proposal. The original proposal document shall be signed in blue ink by an officer of the Firm who is authorized to legally bind the Proposer to its provisions. Proposals are to contain a statement indicating the period during which the proposal will remain valid. A period of not less than ninety (90) calendar days from the proposal closing date is required. Failure to comply with the above requirements shall be considered grounds for possible disqualification. Each Consultant assumes full responsibility for delivery and deposit of the completed proposal package on or before the deadline. Any proposals received after the submittal deadline will not be considered, and shall be returned unopened to the Proposer. The City of Dubuque is not responsible for any loss or delay with respect to delivery of the proposals. The City of Dubuque is not liable for any costs incurred by any Consultant prior to the execution of an agreement or contract. Nor shall the City of Dubuque be liable for any costs incurred by Firms that are not specified in any contract. All results from this project will remain the property of the City of Dubuque. Upon receiving this RFP, we request that you complete the “Receipt of Proposal Acknowledgement – “No Response Reply” information contained on the first page of this document and return it to the City’s Project Manager by mail or email so the City can ensure that each Consultant received this Request For Proposal. The City of Dubuque appreciates your time and consideration of this RFP. Sincerely, Tim Horsfield Parking Division Manager City of Dubuque Page 14 of 26 Downtown Parking Facilities City of Dubuque, Iowa Consultant Professional Services Request for Proposal May 4, 2009 Appendix A Consultant Evaluation and Selection Process Page 15 of 26 EVALUATION CRITERIA INITIAL Proposals will be screened to ensure that they meet the minimum requirements of the proposal format. A selection committee will review qualifying proposals and select Firms for placement on the consultant short-list for the project. The following criteria are among those that will be used to initially evaluate submitted proposals. 1. A high level of professional competence and a proven track record in the design of intermodal transportation centers or similar projects: a. Qualifications and experience of the Consultant and any sub-consultants. b. Demonstration of the project teams and technical abilities. c. If a joint venture with sub-consultants, the track record of the Consultants experience working together. d. Experience of the Consultant working on municipal projects. e. Experience of the Consultant working on municipal projects in Iowa. f. Overall success of past projects completed for the City of Dubuque. 2. Quality and completeness of the written proposal. The proposal should clearly demonstrate understanding of the City’s overall objectives for the Downtown Parking Facility 3. Design approach/methodology in completing scope of services such as: a. Grasp of project requirements and level of interest in the project. b. Creativity and problem solving ability. c. Ability of the Consultant team to demonstrate initiative, motivation, and knowledge as an indication of their desire to work with the City of Dubuque. d. Ability to demonstrate knowledge of the City of Dubuque. 4. Proposed schedule required to complete project. EVALUATION CRITERIA CONSULTANT SHORT-LIST A selection committee may choose to interview one or all of the short-listed Firms. Both the original submitted proposal and the results of any Consultant interviews will be used to select the final Consultant for the project. The following criteria are among those that will be used to evaluate the Consultants on the short-list. 1. A high level of professional competence and a proven track record in the design of intermodal transportation centers: a. Qualifications and experience of the Consultant and any sub-consultants. b. Demonstration of the project teams and technical abilities. c. If a joint venture with sub-consultants, the track records of the Consultants experience working together. d. Experience of the Consultant working on municipal projects. e. Experience of the Consultant working on municipal projects in Iowa. f. Overall success of past projects completed for the City of Dubuque g. Experience of the project team working with the public and other project stakeholders in designing and constructing intermodal transportation center designs. Page 16 of 26 2. Quality and completeness of the written proposal. The proposal should clearly demonstrate understanding of the City’s overall objectives for the Downtown Parking Facility. 3. Design approach/methodology in completing scope of services such as: a. Grasp of project requirements and level of interest in the project. b. Creativity and problem solving ability. c. Ability of the Consultant team to demonstrate initiative, motivation and knowledge as an indication of their desire to work with the City of Dubuque. d. Ability to demonstrate knowledge of the City of Dubuque. 4. Responsiveness and compatibility between the Consultant and City: a. General attitude and ability to communicate. b. Ability of the Consultant to maintain a high level of direct interaction and communication with City staff. c. Ability to listen, be flexible, and follow and/or implement direction and ideas or concepts. d. How the Consultant team interacts with the general public, City staff, and public officials. 5. Proposed schedule required to complete project. 6. Cost of the Downtown Parking Facility in relationship to the services offered. SELECTED CONSULTANT - FEE NEGOTIATION PROCESS Upon the successful completion of the Consultant review process, the RFP Selection Committee will recommend to the City Manager or City Council awarding a contract to the highest ranked Consultant. The Selection Committee will also request authority to negotiate with the recommended Consultant a final scope of work and fee structure for the project. After authority is granted to negotiate an agreement and execute a contract with a Consultant, the Consultant shall prepare an industry standard Work Breakdown Structure (WBS) to reflect the Firm’s approach to the completion of the project. The WBS, at a minimum, should include work tasks for each of the components outlined in the RFP, a separate line item for each deliverable, and list project management as a separate task. No individual task on the WBS shall have a total value exceeding $10,000. The Consultant shall indicate in the WBS the work tasks that will be completed by City staff. The format of the WBS shall summarize the fixed fee for each task listed, plus individually list in separate section any associated reimbursable expenses that would specifically relate to this project. A sample format of a WBS can be obtained from the City if desired. Once the selected Consultant has prepared the WBS, the City and the Consultant will meet and the final scope of work for the project will be negotiated by joint revision to the WBS in order to best meet the goals of the project while considering available funding. During the negotiation process, tasks to be completed by City staff, work reassignment to different project team members, and the addition or elimination of tasks may be modified on the WBS in order to achieve the best overall results for project. Page 17 of 26 The selected Consultant shall be responsible for updating the WBS to reflect any changes that were agreed to during negotiations. After the final scope of services has been determined, a design fee has been negotiated, and the WBS has been finalized, the Consultant shall incorporate the WBS into the contract documents being prepared for signature. If a contract satisfactory and advantageous to the City can be negotiated at a price considered fair and reasonable, the award shall be made to that offerer. Otherwise, negotiations with the offerer ranked first shall be formally terminated and negotiations commenced with the Consultant ranked second, and so on until a contract can be negotiated that is acceptable to the City. Upon the successful completion of contract negotiations, the selection committee shall recommend that the City Manager execute a contract with the successful Consultant. The City Manager will in turn make a decision to execute the contract or request the Dubuque City Council make a final determination to award and execute the contract with a Consultant. Payment for Work: The Consultant awarded the contract shall be paid once monthly. The invoiced amount shall be based on the Earned Value of the percent work completed as reported on the most recently updated and submitted WBS. Page 18 of 26 Downtown Parking Facilities City of Dubuque, Iowa Consultant Professional Services Request for Proposal May 4, 2009 Appendix B RFP Rules and Protest Procedure MINOR IRREGULARITIES The City reserves the right to waive minor irregularities in submitted proposals, providing such action is in the best interest of the City. Minor irregularities are defined as those that have no adverse effect on the City’s best interests, and will not affect the outcome of the selection process by giving the prospective Consultants an advantage or benefit not enjoyed by other prospective Consultants. EXCEPTIONS Proposer exceptions to any part of the requirements stated in this request must be clearly identified as exceptions and noted in the letter of transmittal and in the submitted project cost estimate. RANKING OF THE PROPOSALS No debriefings or scoring information shall be released before the City Manager or City Council has recommended that a contract be negotiated with the recommended Firm. However, after authorization has been granted to negotiate a contract, all contents of the submitted proposals shall become public information. DEFINITIONS The City has established for the purposes of this RFP that the words “shall”, “must”, or “will” are equivalent in this RFP and indicate a mandatory requirement or condition, the material deviation from which shall not be waived by the City. A deviation is material if, in the City’s sole discretion, the deficient response is not in substantial accord with this RFP’s mandatory conditions requirements. The words “should” or “may” are equivalent in this RFP and indicate very desirable conditions, or requirements but are permissive in nature. Deviation from, or omission of, such a desirable condition or requirement will not in and of itself cause automatic rejection of a proposal, but may result in being considered as not in the best interest of the City. DISPUTES/EXCEPTIONS Any prospective Proposer who disputes the reasonableness or appropriateness of any item within this RFP document, any addendum to this RFP document, notice of award or notice of rejection shall set forth the specific reason and facts concerning the dispute, in writing, within five (5) business days of the receipt of the proposal document or notification from the City. The written dispute shall be sent via certified mail or delivered in person to the point of contact set forth in Section 7.0, who shall review the written dispute and work with the City Manager to render a decision which shall be considered final. Page 20 of 26 Downtown Parking Facilities City of Dubuque, Iowa Consultant Professional Services Request for Proposal May 4, 2009 Appendix C City of Dubuque Contract Terms and Conditions Page 21 of 26 TERMS AND CONDITIONS The following clauses shall be included in the final signed contract: 1. CONSULTANT’S ENDORSEMENT ON PLANS. The Consultant shall endorse the completed computations prepared under this Agreement, and shall affix thereto the seal of a licensed professional engineer, or licensed professional architect, licensed to practice in the State of Iowa, in accordance with the current Code of Iowa. 2. CHANGE IN SCOPE OF SERVICES. No change in scope shall be permitted during this project without the prior written agreement of both parties and the WBS being updated. 3. SUBSTITUTION OF PROJECT TEAM MEMBERS. The Project Manager, partners, management, other supervisory staff and technical specialists proposed for the project may be changed if those personnel leave the . Consultant These personnel may also be changed for other reasons however, in either case, the City retains the right to approve or reject the replacements and no replacements shall begin working on the project without the express, prior written permission of the City of Dubuque. 4. INSURANCE. Consultant shall at all times during the performance of this Agreement provide insurance as required by the attached Insurance Schedule. 5. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the City its officers, agents, and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Consultant, Consultant’s subcontractor, or anyone directly or indirectly employed by Consultantor Consultant subcontractor or anyone for whose acts Consultantor Consultant’s subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 6. TERMINATION. City may terminate this agreement, with or without cause, upon providing 14 days written notice to the Consultant. 7. ERRORS & OMISSIONS. In the event that the work product prepared by the Consultant is found to be in error and revision or reworking the work product is necessary, the Consultant agrees that it Page 22 of 26 shall do such revisions without expense to the City, even though final payment may have been received. The Consultant must give immediate attention to these changes so there will be a minimum of delay during construction. The above and foregoing is not to be constructed as a limitation of the City’s right to seek recovery of damages for negligence on the part of the Consultant herein. 8. OWNERSHIP OF ENGINEERING DOCUMENTS. All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the City and shall be delivered to the Project Manager upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitations on their future use by the City, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant for the specific purpose intended will be the City’s sole risk and without liability or legal exposure to the Consultant. The City acknowledges the Consultant’s plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the City upon completion of the services and payment in full of all moneys due to the Consultant. The City and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Attachment __ of the contract. Any change to these specifications by either the City or the Consultant is subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD software specifications shall be compensated for as Additional Services. The City is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. The City may reuse or make modifications to the plans and specifications, or electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the plans and specifications. 9. SUBLETTING, ASSIGNMENT OR TRANSFER. Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is prohibited unless written consent is obtained from the Engineer and approved by the City. Page 23 of 26 Downtown Parking Facilities City of Dubuque, Iowa Consultant Professional Services Request for Proposal May 4, 2009 Appendix D Insurance Requirements Page 24 of 26 Page 25 of 26 Page 26 of 26 INSURANCE SCHEDULE C INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A better in the current A.M. Best Bating Guide. 2. All Certificates of Insurance required hereunder shall provide a thirty {30} day notice of cancellation to the City of Dubuque, except far a ten {10} day notice for non- payment, if cancellation is prior to the expiration date. 3. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa far the coverage required in Paragraph 6 below. Such Certificates shall include copies of the following endorsements: a} Cammercial General Liability policy is primary and non-contributing. b} Cammercial General Liability additional insured endorsement. c} Governmental Immunities Endorsement. shall upon request, provide Certificates of Insurance far all subcontractors and sub-sub contractors who perform work ar services pursuant to the provisions of this contract. Said certificates shall meet the insurance requirements as required of 4. Each certificate shall be submitted to the contracting department of the City of Dubuque. 5. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. Contractor shall be required to carry the following minimum coverage/limits ar greater if required by law or other legal agreement: a} COMMERCIAL GENERAL LIABILITY General Aggregate Limit Products-Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage limit {any one occurrence} Medical Payments $2,000,000 $~,oaa,ooo $1,000,000 $1,000,000 $ 50,000 $ 5,000 1 of 2 January 2008 INSURANCE SCHEDULE C (Continued) INSURANCE REQUIREMENTS FC}R PROFESSIC}NAL SERVICES TO THE CITY 4F DUBUQUE This coverage shall be written on an occurrence form, not claims made form. All deviations or exclusions from the standard ISU commercial general liability form CG 0001 or Business owners BP 0002 shall be clearly identified. Form CG 25 04 03 97 `Designated Location (s} General Aggregate Limit' shall be included. Governmental Immunity endorsement identical or equivalent to form attached. Additional Insured Requirement: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions andlor authorities and their board members, employees and volunteers shall be named as an additional insured on General Liability including "ongoing operations" coverage equivalent to IStJ CG 20 10 07 04. b} Automobile $1,000,0{}0 combined single limit. c) WQRKERS COMPENSATIC}N & EMPLC}YERS LIABILITY Statutory for Coverage A Employers Liability: Each Accident $ 100,000 Each Employee Disease $ 100,000 Policy Limit Disease ~ 500,000 d) PRQFESSIUNAL LIABILITY $1,000,000 e} UMBRELLAlEXCESS LIABILITY *Coverage andlor limit of liability to be determined on a case-by-case basis by Fnance Director. Completion Checklist ^ Certificate of Liability Insurance (2 pages} ^ Designated Locations} General Aggregate Limit CG 25 04 03 97 (2 pages) ^ Additional Insured CG 20 10 07 04 ^ Governmental Immunities Endorsement 2 of 2 January 2008 ACC?RD~, CERTIFICATE {~F LIABILITY INSURANCE DATE(MMtDD1YYYY} 12/7/200'7 PRODUCER {563) 123-4567 FAx 1563} 9$7-6543 Insurance Agency Street Address THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOER NOT AMEND, EXTEND OR ALTER 7HE COVERAGE AFFORDED BY THE POLICIES BELOW. Ci.t ST Zi Code INSURERS AFFORDING COVERAGE NAIG # INSURED INSURER A. Insurance Com an Company INSURER B Street INSURER C INSURER D. C2t St Z1 COde INSURER E: r_nvGrrar~c THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHS7AND3NG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TMIS CERTIFIGATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN tS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ENSR ADD'L E Y N I LTR INSRD TYPEOFINSURANCE POLICY NUMBER MM DD/YY { OATE TE MMlOD/YY } DA LIMITS GENERALLIABIUTY EACH OCCURRENCE $ 1 r ODD r DDD X COMMERCIAL GENERAL LIABILETY PREM SES Ea occu ence $ 5D + DD D A X CLAIMS MADE a OCCUR MED EXP (An one person} 5 ODD $ r PERSONAL & ADV INJURY $ 1 r ~~~ r ~~~ GENERAL AGGREGATE $ ~ r DDD r DDO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 1 r DDD r DDD POLICY X JEQ LOC AUT OMDBILE LIABILITY COMBINED SINGLE OMIT DDO ~ ~~~ X ANY AUTO {Ea accident) $ ' ` r A ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident} $ PROPERTY DAMAGE {Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY' AGG $ A EXGESSIUMBRELLA LIABILITY EACH OCCURRENCE $ ~- r DOD, OOD X OCCUR a CLAIMS MADE AGGREGATE $ 1 r DDD, DDD 5 DEDUCTIBLE ,~ 1 ~~/ $ X RETENTION $ 6 ~+ $ A WORKERS COMPENSATION AND ,~ ~ X 57ATU- OTH- TORY LIMITS ER EMPLOYERS' LIABILITY ~ +]"" lOO DOD RNY PROPRIETORtPARTNERlEXECUTIYE ~'~ E.L. EACH ACCIDENT r $ OFFICER/MEMBER EXCLUDED? ~ E.L. DISEASE-EA EMPLOYEE $ SDD,DDO !f yes, describe under SPECIAL PROVISIONS beiaw E L. DISEASE - POLtCY LIMIT $ 5DD , DDO p, OTHER Professional $1, DDD, DOD Liability DESCRIPTION OF OPERATIONS/LOCATIONStVEHIGLESlEXCLUSIONS ADDED BY ENDORSEMENTISPEGIAL PROVISfONS The City of Dubuque is an additional insured on general liability policies including ongoing & completed operations coverage equivalent to 230 CG 2010 0704 & CG 2037 0704. General Liability policy is primary &non-contributing. Form CG 2504 0397 "Designated Locations" general liability aggregate limit is included. Governmental immunities endorsement is included. City of Dubuque 50 West 13th Street Dubuque, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORIZED REPRESENTATIVE ACORD 25 (24O1J08) b ACORD CORPORATION 1988 INSD25 (010$).06 AMS VMP Mortgage Solutions, Inc. {800)327-0545 Page 1 of 2 fMPORTANT if the certificate holder is an ADDITIONAL INSURED, the policy(ies} must be endorsed. A statement an this certificate does not confer rights to the certificate holder in lieu of such endarsement(s}. If SUBROGATION IS WAIVED„ subject to the terms and condi#ians of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate balder in lieu of such endorsements}. DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurers}, authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ule ~ S ofed ion Pr ACORD 25 (24x1108} tNS025 ~o1oe7 os ANtS Page 2 of 2 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25 04 03 97 THIS ENDORSEMENT CHANGES THE PQLtCY. PLEASE READ tT CAREFU~.EY. DESIGNATED LOCATIC~1~1{} GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): li ANY AND ALL GC)VERED LOGATIUNS {If no entry appears above, information required to complete this endorsement will be spawn in the Declarations as applicable to this endorsement.} A, For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A {SECTION I}, and for all medical expenses caused by accidents under COVERAGE C {SECTION I}, which can be attributed only to operations at a single desig- nated "location" shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated "location", and that #imit is equal to the amount of the General Aggregate Limit shown in the declarations. 2. The Designated Location General Aggregate Limit is the most we will pay far the sum of all damages under COVERAGE A, except dam- ages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and far medical expenses under COVERAGE C regardless of the num- ber af: a. Insureds; b. Claims made ar "suits" brought; or c. Persons ar arganizatians making claims or bringing "suits". 3. Any payments made under COVERAGE A far damages ar under COVERAGE C for medical expenses shall reduce the Designated Loca- tion General Aggregate Limit far that desig- nated "location". Such payments shall not re- duce the General Aggregate Limit Shawn in the Declarations nor shall they reduce any other Designated Location General Aggre- gate Limit for any other designated "location" shown in the Schedule above. 4, The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense continue to apply. Flawever, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. B. Far all sums which the insured becomes legally abliga#ed to pay as damages caused by "occur- rences" under COVERAGE A {SECTION I}, and far all medical expenses caused by accidents under COVERAGE C {SECTION I}, which can- not be attributed only to operations at a single designated "location" shown in the Schedule above: 1. Any payments made under COVERAGE A for damages ar under COVERAGE C far medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nat~cl Lacatinn general Aggregate Limit. CG 25 04 03 97 Page 1 of 2 CG 25 {t4 03 97 C. When coverage for liability arising out of the "products-campleted operations hazard" is pro- vided, any payments for damages because of "bodily injury" ar "property damage" included in the "products-completed operations hazard" will reduce the Products-campleted Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Location Gen- eral Aggregate Limit. D. Far the purposes of this endorsement, the Defi- nitions Section is amended by the addition of the following definition; "Location" means premises involving the same or connecting lots, ar premises whose connection is interrupted only by a street, roadway, waterway ar righ#-of-way of a railroad. E. The provisions of Limits C}f Insurance {SECTION III) na# otherwise modified by this endorsement shad continue to apply as stipulated. Copyright, Insurance Services Office, Inc., '1996 Page 2 of 2 CG 25 04 03 97 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 2Q 10 Q7 04 THIS ENDC?RSEMENT CHANGES THE PC3LICY. PLEASE REAQ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES QR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, ail its beards, Commissions and/ar authorities and their board members, employees and volunteers. Locations} Of Covered Operations Information re uired to com late this Schedule, if not shown above, wi11 be shown in the Declarations. A. Section I} - Wha Is An Insured is amended to include as an additional insured the persons} or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. I'he acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured{s} at the bcatian(s} desig- nated above. B. With respect to the insurance afForded to these additional insureds, the fallowing additional exclu- sions apply: This insurance does not apply to "bodily injury"' or "~i,~i~c~ty da~~~dye" occurri~ig after: CG 20 14 O7 t}4 Page 1 of 2 1. Ail work, including materials, parts or equip- ment furnished in connection with such work, on the project {other than service, maintenance or repairs} to be performed by ar on behalf of the additional insured{s} at the location of the covered operations has been completed; or 2. i'hat portion a# "your wank" out of which the injury ar damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac#or engaged in performing operations fora princi- pal as a part of the same project. All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 O ISt) Properties, inc., 2(}Cl4 CG 20 1Q O7 Q4 GITY OF DUBUCiUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 67{}.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defenses} of governmenta! immunity asserted by the City of Dubuque, Iowa. No Other Change in Palic}~ The above preservation of governmental immunities shall not otherwise change or after the coverage available under the policy. SPECIMEN 1 of 1 January 2008