Request for Proposals - Downtown Commercial Building Exterior Evaluation and Assessment Project Copyrighted
August 20, 2018
City of Dubuque Consent Items # 9.
ITEM TITLE: Request for Proposals - Downtown Commercial Building
Exterior Evaluation and Assessment Project
SUMMARY: City Manager recommending approval of the release of a
Request for Proposals for qualified firms to undertake the
Downtown Commercial Building Evaluation and
Assessment Project.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Downtown Commercial Building E#erior Evaluation and City Manager Memo
Assessment Project-NNM Memo
RFP Approval Memo Staff Memo
FY19 CI P Supporting Documentation
Draft RFP Supporting Documentation
Project Map Supporting Documentation
Insurance Schedule J Supporting Documentation
THE CITY OF Dubuque
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7A13 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Downtown Commercial Building Exterior Evaluation and Assessment
Project
DATE: August 9, 2018
Building Services Manager Dave Johnson recommends City Council approval of the
release of a Request for Proposals for qualified firms to undertake the Downtown
Commercial Building Evaluation and Assessment Project. The project involves mainly
exterior condition evaluations and rehabilitation assessments for approximately 560
commercial/mixed-use buildings located in the City of Dubuque Greater powntown
Urban Renewal Area and a revitalization plan.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�� �� ���
Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
David Johnson, Building Services Manager
THE CITY OF DU�
DuB E � I ��I '
Masterpiece on the Mississippi � � �
200]�20t2•2013
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: David Johnson, Building Seroices Manager �v
SUBJECT: Downtown Commercial Building Exterior Evaluation and Assessment
Project
DATE: August 8, 2018
INTRODUCTION
This memorandum forwards the request for proposals (RFP) from qualified firms to
undertake the Downtown Commercial Building Evaluation and Assessment Project for
City Council's consideration. The project involves mainly exterior condition evaluations
and rehabilitation assessments for approximately 560 commercial/mixed-use buildings
located in the City of Dubuque Greater powntown Urban Renewal Area and a
revitalization plan. The RFP contains a map for reference.
BACKGROUND
The project, formerly referred to as the Dilapidated Building/Structure Identification and
Assessment project, was identified as a High Priority Policy Agenda item during City
Council's FY19 goal setting session. The project supports the following City Council
goals and priorities:
1 . Vibrant Community: Healthy and Safe
2. Livable Neighborhoods and Housing: Great Place to Live
The outcome of the project is to further efforts toward creating more vibrant, livable, and
safe neighborhoods by identifying and assessing substandard commercial buildings.
The project will inform a comprehensive, neighborhood level, enforcement/revitalization
plan which will in turn lead to increased investment, enforcement, and resiliency in
downtown neighborhoods.
The project is currently provided funding in the enclosed CIP number 350-2764. A total
of$123,900 is allocated for the project. $45,000 is allocated in FY19, $30,000 is funded
in FY20, and $48,900 is funded in FY22. The RFP identifies a maximum budget of
$100,000. The remaining $23,900 will be retained as a contingency.
Dilapidated Building/Structure Identification and Assessment Project RFP Memo 2
DISCUSSION
I will serve as local project manager and be involved in all aspects of the project. An
RFP Review Committee will be utilized to review and select a consultant for this project.
In addition to my participation, the RFP review Committee consists of the following
people:
1 . Crenna Brumwell, City Attorney
2. Maurice Jones, Economic Development Director
3. Jeff Zasada, Inspector II (Commercial Building Inspector)
4. Gary Blosch, Inspector II (ADA Inspector)
5. Wally Wernimont, Assistant Planner
6. Ed Raber, Director of Dubuque's True North GDDC
A Technical Team is also assembled to lend local expertise and resources, especially
related to enforcement. The Technical Team will help inform and review project
activities and work products. In addition to my participation, the Technical Team
consists of the following people:
1 . Crenna Brumwell, City Attorney
2. Ed Raber, Director of Dubuque's True North GDDC
3. Jeff Zasada, Inspector II
4. Jill Connors, Assistant Economic Development Director
PROJECT SCHEDULE
The City of Dubuque will execute a contract with the selected consultant by October 22,
2018 and the project will commence immediately after. The project is currently
scheduled to be completed by June 30, 2022; however, the current timeframe and
funding structure does not lend itself well to the project. The current four-year timeframe
for consultant activities is unnecessary. There is also a gap in funding in FY21 . These
factors serve as an impediment to project momentum and needlessly delay project
activities. I would respectfully request FY22 funding be moved into FY21 .
REQUESTED ACTION
I respectfully request City Council's approval of the RFP. The proposed funding is
subject to approval of a budget amendment.
Enclosures
cc: Crenna Brumwell, City Attorney
Jennifer Larson, Budget Director
Maurice Jones, Economic Development Director
Jill Connors, Assistant Economic Development Director
Wally Wernimont, Assistant Planner
Jeff Zasada, Inspector II
Gary Blosch, Inspector II
Ed Raber, Greater Dubuque Development Corporation
2
Dilapidated Building/Structure Identification and Assessment Project RFP Memo 3
F:\Users\BLDG\Shared\Dave\Dilapidated Buildings Project\RFP Approval Memo.doc
3
DEPARTMENT: STATE PROGRAM: PROJECT TITLE: YEAR FIRST FY 2019
57 - Building Service 1 C- Public Safety Dilapidated Building/Structure Identification SUBMITTED: TOTAL
and Assessment PROJECT
ACTNITY NO: 350-2764 COST
$ 123,900
2017 2018
EXPENSE BUDGET PROJECT BUDGET 2019 2020 2021 2022 2023 2024
A. EXPENDITURE ITEMS
Consultant Services $ 45,000 $ 30,000 $ — $ 48,900 $ — $ —
$ — $ — TOTAL $ 45,000 $ 30,000 $ — $ 48,900 $ — $ —
B. PROJECT FINANCING
Sales Tax Fund (20%) $ 45,000 $ 30,000 $ — $ 48,900 $ — $ —
$ — $ — TOTAL $ 45,000 $ 30,000 $ — $ 48,900 $ — $ —
PROJECT DESCRIPTION/JUSTIFICATION
Conduct a survey examining and assessment of dilapidated, vacant and abandoned structures in the Greater powntown TIF District. Assessment will aid in
determining detrimental impact of structures in the community, identify structures suitable for residential, commercial, or mixed-use redevelopment, and rank
structures for feasibility, impact, and suitability of rehabilitation to enhance neighborhood and City goals. Project will identify unsafe or illegal activity occurring on
property, establish who has legal authority to address health, safety, and maintenance issues at the property, and assess the property's condition. Where
observed exterior conditions are such that they pose a danger to the life or safety of its occupants or adjacent property owners, the City of Dubuque reserves the
right to seek administrative remedies to access and assess the interior conditions of buildings. Additionally, the City will also seek input from others who might
have witnessed interior conditions for purposes of seeking administrative search warrants. In FY 2020, consultants will work with neighborhood residents to
identify ideas for the use of the property, coordinate application of City Council and Comprehensive Plan goals, and identify potential resources for rehabilitation.
Work will compliment and contribute to efforts in the Central Avenue Corridor.
RELATIONSHIP TO OTHER PROJECTS
This project is not related to other capital projects.
OUTCOME
Livable Neighborhoods and Housing: Have strong vibrant 24/7 residential/central business core (Dubuque Main Street Service Area Downtown, Central Avenue
Corridor and Dubuque Millwork District, including residential opportunities, retail and entertainment)
FUNDING RESTRICTIONS
This project may only be funded by Sales Tax Fund (20%) or DRA Distribution/Gaming
265
Dubuque City of Dubuque
THE CITY OF � Building Services Department
uhYeriauh 50 West 13`"Street
D�L E �I I I I � Dubuque IA 52001
Offce:(563)589-4150
Fax (563)690-6687
i�.2012 TTY: (563)690-6678
Masterpiece on the Mississippi Zo„•Zo„ Email: buildinq�citvofdubuque.orq
CITY OF DUBUQUE, IOWA
DOWNTOWN COMMERCIAL BUILDING
EXTERIOR EVALUATION & ASSESSMENT
REQUEST FOR PROPOSALS
August 8,2018
INTRODUCTION
The City of Dubuque is soliciting proposals from qualified firms to undertake the Downtown
Commercial Building Ea�terior Evaluation and Assessment Project. The project involves mainly
ea�terior condition evaluations and rehabilitation assessments for approximately 560
commerciaUmixed-use buildings located in the City of Dubuque Greater powntown Urban
Renewal Area and revitalization plan. Enclosed is a map for reference.
COMMUNITY BACKGROUND
The City of Dubuque is located on the Mississippi River in northeastern Iowa, adjacent to Illinois
and Wisconsin. As Iowa's oldest city, Dubuque is a community well known for its historic and
architectural beauty. The City is approximately 30 square miles in area, with a population
approaching 60,000 persons. The City's FY2019 operating and capital budget nears $175 million
and funds a full range of municipal services.
The City of Dubuque is governed by an elected Mayor and City Council and managed by a City
Manager. City government warks in collaboration with private and non-profit sectors to promote
the principles of sustainability and equity. More information on the Dubuque community, city
organization, and City Council Goals and Priorities can be found on the City's web site at
citvofdubuque.ore.
PROJECT OUTCOMES
The outcome of the project is to further efforts toward creating more vibrant, livable, and safe
neighborhoods by identifying and assessing substandard commercial buildings. The project will
inform a comprehensive, neighborhood level, enforcemenUrevitalization plan which will in turn
lead to increased investment, enforcement, and resiliency in downtown neighborhoods. A
Technical Team is assembled to lend local knowledge expertise and resources. The Technical
Committee will also handle enforcement actions and help inform and review project activities
and work products. The Technical Committee will be able to provide GIS data and parcel and
address specific information related to the project.
Service People Integrity Responeibility Innovation Teamwork
PROJECT SUMMARY
The City of Dubuque is requesting a multi-disciplinary consultant team with expertise in
community development services including, but not limited to architecture, design, planning,
construction, estimating, building codes, and neighborhood development and revitalization.
The project is expected to begin October 22, 2018 and be completed by June 1, 2021. The
maximum budget far the project is $100,000. Proposals are due by 5 p.m. on September 14,
2018. Please see the entire RFP for specific requirements.
SCOPE OF SERVICES
The scope of services consists of identification and assessment of primarily ea�terior conditions
for commercial properties in the City of Dubuque Greater powntown Urban Renewal Area. The
project also includes a comprehensive and coordinated enforcement and revitalization plan for
concentrations of substandard conditions/neighborhoods in the project area that are determined
to be substandard and/or where illegal activity or use is evident. The City of Dubuque Code
Ordinances, including the current International Property Maintenance Code and International
Building Code will serve as the standards by which conditions are evaluated.
Identification and Assessment: Initial identification and assessment will be conducted by the
consultant from observations from public property(street, sidewalk, and alleys) as well as
private property for which the consultant and/or city has been granted permission. Where
observed exterior conditions are such that they pose a danger to the life or safety of its
occupants or adjacent property owners, the City of Dubuque will seek administrative
remedies, including administrative search warrants, to gain access for the consultant to
assess the interior conditions of buildings. Additionally, the City may also seek input from
others who might have witnessed interior condition. Buildings and structures will be evaluated
for their feasibility for rehabilitation. The evaluation will consider adaptive uses within the
conteat of current economic and local and regional market conditions.
Site inventory sheets will be developed by the consultant for each property. The Site Inventory
Sheets will at a minimum contain property information, ownership information, use information,
pictures, relevant code and itemized substandard conditions, related code, and estimated costs to
bring deficiencies into compliance. All data will be developed and maintained in Microsoft and
ArcGIS. The consultant will be responsible for developing all data and materials related to this
project. Data will inform enforcement actions undertaken by the city as well as a revitalization
plan. All data will be the property of the City of Dubuque.
Revitalization Plan: The plan will create a coordinated framework for addressing current
common substandard conditions and strategies for revitalization. A significant plan outcome will
be to further affordable housing opportunities, equity, and neighborhood revitalization best
practices specific to the project area, all of which are encompassed by values outlined by City
Council and Imagine Dubuque 2037: More information on Imagine Dubuque 2037:A Call to
Acrion can be found on the City of Dubuque website here: citvofdubuque.ore/Imaeine-Dubuque.
The plan will provide an overview of findings as well as causal conditions on a macro and micro
level which contribute to the findings. The report will identify key stakeholders and collaborative
opporiunities to address sustained property maintenance and investment in neighborhoods
exhibiting a concentration of substandard buildings and sites. The plan must identify clear,
actionable, and attainable strategies to foster personal and Financial investment in
Service People Integrity Responeibility Innovation Teamwork
properties and neighborhoods shown to suffer from neglect and substandard conditions.
The plan must also include collaborative governance models toward achieving strategies. It
is expected the consultant will coordinate with residents, neighborhood organizations and key
stakeholders to identify ideas, resources, and additional capacity to inform the plan.
The above information is not intended to be all-inclusive. It establishes essential expectations.
The expertise of the consultant, staff and stakeholders will be valued and help steer this project.
The consultant is expected to think critically and creatively and apply their expertise to help
further develop this project to achieve the best possible outcomes. The consultants demonstrated
ability to think critically and creatively within the scope of this project are an evaluation criterion
for proposals.
INFORMATION TO BE INCLUDED IN THE PROPOSAL
1. Letter of Transmittal
Provide a letter of transmittal briefly outlining the project team's understanding of the work
and the name, address, telephone number and email address ofthe project's manager and
principal contact.
2. Pro£ile of Consultant
The proposal shall include general information about the consultant(s),the consultant's scope
of expertise related to this RFP, and the consultant(s) official name, address, and principal
officers, including qualifications of the project manager and other key personnel who would
be assigned to the project.
3. Qualifications
a) The proposal shall include the name of the project manager, his or her qualifications and
experience, and the names, qualifications, and experience of other key personnel who
would be assisting with the project. The selection of a project manager by a consultant
will constitute a contractual commitment by that consultant and a substitute manager will
not be allowed without prior written approval by the City of Dubuque.
b) Name and location of all other key personnel involved in the project if applicable;the
type and approximate percentage of the wark that would be performed by each of these
firms; and the names, qualifications and experience of their personnel who would be
assisting with this project.
c) The proposal must clearly describe the relevant experience ofthe project manager and
other key personnel in undertaking and completing project relevant to this RFP.
d) The proposal shall include at least three references of past clients for projects similar to
this RFP. These projects must have been completed within the past ten years with the
same project manager, sub-consultants and other key personnel proposed for this project.
e) The proposal shall discuss the consultanYs ability to integrate this project into the
consultanYs present workload.
Service People Integrity Responeibility Innovation Teamwork
4. Scope of Services/ Methodology
Describe the methodology or strategy by which the consultant would satisfy the Scope of
Services, and/or an alternative or hybrid strategy recommended by the consultant. This is the
consultanYs opportunity to convey critical and/or creative ideas and concepts as well as
interest in this project. This will help the selection committee better evaluate the
consultanYs vision, abilities, and interest with respect to the RFP.
5. Proposed Project Schedule
The anticipated schedule far this project is that the City of Dubuque will execute a contract
with the selected consultant by October 16, 2018 and the project will commence
immediately following execution of the contract. The project must be completed prior to
June 1, 2021.
The City of Dubuque considers this to be atwo (2) phase project: 1) identification and
assessment; and 2)revitalization plan. The schedule must include delivery of final work
products for each phase. In addition,the schedule should provide an outline of the
consultants proposed activities and timeframes for the proposed scope of wark. This should
include a schedule and description of all deliverable products throughout the period.
Products should be delivered in hardcopy and electronic formats compatible with the City's
computer software and hardware.
6. Certificate of Insurance
The selected firm will be required to meet the City's insurance requirements for professional
services (see enclosed Insurance Schedule �. A Certificate of Insurance is oprional for
inclusion with the proposal. A Certificate of Insurance must be provided upon selection.
7. Fees and Compensation
Provide a proposed cost-plus expenses budget for completion of the scope of services with
cost breakdowns by scope element. Quotation of fees and compensation shall remain firm
for a period of at least 90 days from the proposal submission deadline. Provide the
proposed fees and compensation under separate cover. Initial screening will be done by
a selection committee without the benefit of knowing the proposed fee for services.
8. Contract
A proposed contract for services must be included in the submittal.
EVALUATION CRITERIA
Proposals will be screened to ensure that they meet the minimum requirements of the proposal
format. A selection committee will review qualifying proposals and may interview the short-
listed firms. Initial screening will be done without knowing the consultant's proposed fee for
services to develop a short list. The short list of consultants may be invited to an interview with
the selection committee.
Factors to be considered by the committee will include the following:
• Quality of proposals. Proposals shall not exceed 20 pages.
Service People Integrity Responeibility Innovation Teamwork
• Design approach/methodology in completing the scope of services, including proven,
innovative and creative strategies to accomplish the project outcomes within the
designated budget.
• Qualifications and experience of the firm and any sub-consultants.
• Qualifications and experience ofthe projectmanager.
• Results of interview process.
• Information from references.
• Grasp of project requirements and level of interest.
• Proposed schedule and activities required to complete the project.
• Proposed costto complete the project.
SUBMISSION REOUIREMENTS
The City of Dubuque reserves the right to reject any and all proposals and to negotiate changes
with any firms. The City of Dubuque is not liable for any cost incurred by any firms prior to the
execution of an agreement or contract. Nor shall the City of Dubuque be liable for any costs
incurred by the firm that are not specified in the contract. The City of Dubuque is an Equal
Employment Opportunity Employer.
QUESTIONS REGARDING THE RFP
Questions should be addressed via email to David Johnson, Building Services Manager at
diohnson(c�citvofdubuque.or�no later than September 7, 2018. All questions sent via email
must include "Downtown Commercial Building Evaluation and Assessment ProjecY' in the
subject line. It is the consultanYs responsibility to contact the Building Services Department to
verify information was correctly sent and received. Questions will be responded to via email as
soon as time allows.
PROPOSAL SUBMISSION DEADLINE
An original proposal on USB flash drive in PDF format and eight(8)bound paper copies must
be delivered by 5:00 p.m. CDT on September 14, 2018 to the address given below:
David Johnson, Building Services Manager
Building Services Department
City of Dubuque
50 W. 13�' Street
Dubuque, IA 52001
The proposals shall be sealed and be clearly labeled: City of Dubuque Downtown Commercial
Building Ea�terior Evaluation and Assessment Project. Provide the proposed fees and
compensation under separate cover.
Each consultant assumes full responsibility for delivery and deposit of the completed proposal
package on or before the deadline. The City of Dubuque is not responsible for any loss or delay
with respect to delivery of the proposals.
Service People Integrity Responeibility Innovation Teamwork
CONSULTANTSELECTION
The City of Dubuque anticipates award of the contract to the successful consultanUfirm for this
project by October 16, 2018. Consultants/Firms whose proposals are not accepted will be
notified via email shortly after the selected firm has been approved by the City Council.
CITY ENCLOSURES
The following City of Dubuque documents are enclosed for reference:
• Map of Project Area
• Insurance Schedule J
Service People Integrity Responeibility Innovation Teamwork
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City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J
1. shall furnish a signed certificate of insurance to the City of Dubuque, lowa 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 lowa 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
lowa and all insurers shall have a rating of A or better in the current A.M. BesYs 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 agreemenYs 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 LimiY' or CG 25 03 "Designated Construction Project (s) General
Aggregate LimiY' 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 lowa Code Chapter 85 as amended.
Coverage A Statutory�tate of lowa
Coverage B 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 lowa
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 Immunitv. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, lowa under Code of lowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coveraqe. 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 lowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of lowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunitv. The City of Dubuque, lowa 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 Coveraqe. 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, lowa 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, lowa.
No Other Chanqe in Policv. 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