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Bee Branch Creek Pro - Property Acquisition Consultant RFP Iki~~E ~<k~ MEMORANDUM August 3, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: RFP for a Property Acquisition Consultant for the Bee Branch Creek Restoration Project The Housing and Community Development Department has been assisting with the acquisition of residential properties for the West 32nd Street Detention Basin Project, and they will provide the same service for the five residential properties south of 16th Street required for the Bee Branch Creek Restoration Project. Because commercial properties present different challenges, a Request for Proposals has been prepared for a consultant to assist the City with the acquisition of six commercial properties south of 16th Street. City Engineer Gus Psihoyos recommends City Council approval of a Request for Proposals for property acquisition services for the commercial property south of 16th Street required for the Bee Branch Creek Restoration Project. I concur with the recommendation and respectfully request Mayor and City Council approval. ~J 1I:u? . MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer I)i;~~E ~~~ MEMORANDUM August 1, 2005 FROM: MiChael. C. Van ~illigen: City Ma. n (aQ-;.r)e.' . Gus PSlhoyos, City Engineer A.~~./ TO: SUBJECT: RFP for a Property Acquisition Consultant for the Bee Branch Creek Restoration Project INTRODUCTION The purpose of this memo is to present an RFP for property acquisition services for the commercial property south of 16th Street required for the Bee Branch Creek Restoration Project. BACKGROUND In December of 2001, the City Council formally adopted the Drainage Basin Master Plan (OBMP) prepared by HDR Engineering (Omaha, Nebraska). Based on the study, approximately 1,150 homes and businesses in the Bee Branch watershed are at risk of flood damage. The DBMP recommends several capital improvement projects that would reduce the threat of flood damage in the Bee Branch Creek Watershed. They are the Carter Road Detention Basin that was completed in the spring of 2004, the W. 32nd Street Detention Basin that is currently under design, and the Bee Branch Creek Restoration Project from 16th Street to 24th Street. In December of 2004, the City Council established the alignment for the Bee Branch Creek Restoration Project, from 15th and Sycamore Streets to 24th and Washington Streets, and established a building permit moratorium for the properties impacted based on the alignment. On March 8, 2005, the City Council amended the City Code of Ordinances (Ordinance 19-05) to establish the Stormwater Utility Fees to help fund the Drainage Basin Master Plan, including the $31.8 million Bee Branch Creek Restoration Project. DISCUSSION The current five-year Capital Improvement Program budget includes $1,114,983 in FY 2006 for property acquisition and property acquisition consulting services for the Bee Branch Creek Restoration Project (CIP#320A23). While the majority of these funds are for the actual purchase of property, it includes funding for consulting services to assist with the acquisitions. Housing & Community Development has been assisting with the acquisition of the residential properties for the W. 32nd Street Detention Basin Project. They will provide the same service for the five residential properties south of 16th Street required for the Bee Branch Creek Restoration Project. Because commercial properties present different challenges, an RFP has been prepared for a consultant to assist the City with the acquisition of six commercial properties south of 16th Street. The tentative acquisition schedule for the six commercial properties is as follows: RFPs Released to the Public Responses Due Recommendation to City Manager Recommendation to City Council Acquisition Process Initiation August 16, 2005 September 6, 2005 September 26,2005 October 3,2005 October 31 , 2005 The acquisition of the six commercial properties will also serve as a pilot project, reveal keys to success and pitfalls associated with the acquisition process. City staff is exploring possible roles for the Housing & Community Development Department with regard to the remaining residential properties. RECOMMENDATION I recommend that the City release the attached RFP, soliciting proposals from qualified property acquisition consultants for the acquisition of the six commercial properties south of 16th Street required for the Bee Branch Creek Restoration Project. BUDGET IMPACT The estimated cost for property acquisition services is estimated to be $60,000 for the six commercial properties. The project will be funded from the FY2006 Bee Branch Creek Restoration Project (CIP#320A23: 7201654) appropriation in the amount of $1,114,983. ACTION TO BE TAKEN I respectfully request authorization to release the RFP to the public. Prepared by Deron Muehring cc: Cindy Steinhauser, Assistant City Manager Dawn Lang, Budget Director Ken TeKippe, Finance Director David Harris, Housing & Community Development Manager David Heir, Economic Development Manager Gregory Doeden, Civil Engineer II Jerelyn O'Connor, Neighborhood Development Specialist Deron Muehring, Civil Engineer II D~~~E ~</k.~ CITY OF DUBUQUE ENGINEERING DEPARTMENT REQUEST FOR PROPOSALS FOR Right-ot-Way Services tor the Bee Branch Creek Restoration Project RIGHT-OF-WAY SERVICES FOR THE BEE BRANCH CREEK RESTORATION PROJECT RFP OrQanization 1.0 General Information 2.0 Introduction 3.0 Project Objectives 4.0 Project Schedule 5.0 Scope of Services 6.0 Proposal Requirements 6.1 Letter of Transmittal 6.2 Profile of the FIRM 6.3 Project Approach 6.4 Fees and Compensation 7.0 Services by the CITY 8.0 Selection Criteria 9.0 Selection Process 10.0 Submission Requirements Attachment A: Properties to be acquired Attachment B: CITY of Dubuque Insurance Requirements for Professional Services 2 1.0 GENERAL INFORMATION The City of Dubuque, hereinafter referred to as "CITY", through its Engineering Department, requests proposals to provide Right-of-Way services for the construction of the Bee Branch Creek Restoration Project. Proposals must be received no later than 3:00 p.m. CST on September 6, 2005 at: City of Dubuque C/O Jeanne Schneider, City Clerk 50 West 13th Street Dubuque, Iowa 52001-4864 Please direct all questions and correspondence regarding this RFP to City Engineer Gus Psihoyos by phone (563 - 589 - 4275) or fax (563 - 589 - 4205). 2.0 INTRODUCTION The CITY's current five-year Capital Improvement Program budget includes $1,114,983 for property acquisition and property acquisition consulting services for the Bee Branch Creek Restoration Project (CIP#320A23). The City of Dubuque Housing & Community Development Department is assisting with the acquisition of the five residential properties south of 16th Street required for the Bee Branch Creek Restoration Project. Because commercial properties present different challenges, the CITY seeks a firm (FIRM) to assist the CITY with the acquisition of six commercial properties south of 16th Street for the Bee Branch Creek Restoration Project. 3.0 PROJECT OBJECTIVES The project objective is to acquire the property identified in Appendix A for the construction of the Bee Branch Creek Restoration Project. All properties will be acquired in accordance with the policies adopted by the CITY, Federal Statutes, and State Law, including Eminent Domain Law. 4.0 PROJECT SCHEDULE The acquisition process should be initiated by October 31, 2005. All properties must be acquired by July 1, 2006. 5.0 SCOPE OF SERVICES The scope of services outlined below defines some but not all of the anticipated tasks required. Throughout every facet of the project, the FIRM shall represent the CITY in a professional and accommodating manner. 5.1 Proiect Manaaement & Coordination 5.1.1 FIRM responsibilities 5.1.1.1 Ensure that all properties (SEE APPENDIX A) are acquired in accordance with the policies adopted by the CITY, Federal Statutes, and State Law, including Eminent Domain Law. 3 5.1.1.2 Coordinate activities with all affected parties via phone, e- mail, fax, and written correspondence. 5.1.1.3 Provide quarterly progress reports. 5.1.1.4 Provide CITY with copies of critical correspondences and project issue data. 5.1.1.5 Attend meetings as necessary. 5.1.1.6 Provide agendas and meeting minutes for meetings. 5.1.2 CITY responsibilities 5.1.2.1 Provide project oversight. 5.1.2.2 Review and approve documents in a timely manner. 5.1.2.3 Furnish copies of critical correspondences and project issue data. 5.1.2.4 Attend meetings as necessary. 5.2 Title Report Firm will prepare a Report of Record Ownership and Liens to identify all the owners, easements and other interest holders, mortgages and other lien holders and encumbrancers needed to obtain title to interests in the land being acquired. 5.3 Appraisal and Appraisal Review 5.3.1 FIRM responsibilities 5.3.1.1 Obtain the services of an experienced Eminent Domain Appraiser to prepare the appraisal products required, for fees approved by the CITY. 5.3.1.2 Review all appraisals to ensure that all items affecting the value of the property have been considered in the appraisal and the legitimacy of the comparable sales. 5.3.1.3 Make sufficient inspection of the properties and make such studies as are necessary to derive sound conclusions to support the appraisal review. 5.3.1.4 Provide an opinion as to the Just Compensation that should be offered for the acquisition of each parcel. 5.3.2 CITY responsibilities Authority to approve the value to be offered as Just Compensation for each parcel belongs to the City of Dubuque City Council. Once the FIRM has provided an opinion of Just Compensation, City staff . will present the documentation to the City Council seeking said approval. 5.4 Acquisition FIRM responsibilities 5.4.1 Explain the extent of acquisition and the procedure to be followed, as well as, the rights, but not legal advice or counsel, of the affected property owner in the transaction. 5.4.2 Review with each property owner the appraisal methods employed, including the difference between compensable and non-compensable damages. 5.4.3 Upon acceptance by the property owner, secure required signatures on the documents necessary to consummate the transaction and personally notarize necessary documents. 4 5.4.4 Maintain a written log for each property, documenting meetings, conversations, and other relevant occurrences. 5.4.5 Personally contact the property owner and tenants or their representatives a minimum of three (3) times. 5.4.6 Make a written offer in person to acquire the property. 5.4.7 Consider, report, and make a recommendation with regard to landowner counteroffers. 5.4.8 If an agreement cannot be reached with a property owner, FIRM shall review the parcel information and make a recommendation whether a settlement should be attempted at an amount other than that previously offered. No action shall be taken until the CITY endorses such a recommendation. 5.4.9 Negotiations shall be considered complete if both the owner and tenant accept the offer or an administrative settlement, or either the owner or tenant fails or refuses to sign the offer or administrative settlement after a fourth pre-condemnation follow-up contact, or the CITY decides that negotiations have reached an impasse. 5.4.10 Deliver the documentation for each parcel for which negotiations reach an impasse to the CITY's Attorney to begin preparation for the condemnation of the parcel. 5.5 Relocation Assistance FIRM responsibilities 5.5.1 Identify and interview relocatees to determine their relocation assistance needs. 5.5.2 Determine potential replacement properties. 5.5.3 Maintain contact with relocatees, explaining the benefits and payments to which relocatees are entitled. 5.5.4 Determine the value of payments to be provided to a displaced person, including moving expenses. 6.0 PROPOSAL REQUIREMENTS The CITY of Dubuque requests that the FIRM include the following information in the proposal submitted and it must be organized in the manner specified below. Failure to provide this information could result in rejection. Proposal shall present and discuss a project approach to accomplish the objectives of the project outlined herein. If applicable, the proposal shall discuss any deviations from the project approach and scope of services outlined herein. The fees and compensation proposal (see below) must reflect the scope of services outlined in the RFP and any deviations from the scope of services identified by the FIRM. 6.1 Letter of Transmittal Provide a letter of transmittal briefly outlining the FIRM's understanding of the work and the name, address, telephone number and fax number of the FIRM's primary contact person. 6.2 Profile of FIRM Provide project references illustrating the FIRM's experience 6.2.1.1 Provide the FIRM's official name, address, and principal offices. 5 6.2.1.2 Experience in right of way technical assistance, title work, appraisal, relocation services, and acquisition; as are applicable to this project, is absolutely necessary to satisfy the requirements of this project. At least three examples and/or descriptions of similar experiences or projects, which have been successfully completed, must be included. In doing so, the FIRM grants the CITY the right to verify previous experience and projects. Documentation of previous work must include: a. Project name; b. Short description of the project; c. Date of project; d. Name and address of client organization; e. Cost of work (actual cost vs. initial estimated cost) f. Time required to complete the project; and g. Name and telephone number of individual in the client organization who is familiar with the project. 6.3 Project Approach Describe the approach for accomplishing the work. The proposal should include a discussion of any deviations from the scope outlined herein that are considered essential to meet the project objectives. 6.3.1 Project organization chart that identifies the Project Manager and technical and administrative staff members. 6.3.1.1 Abbreviated resumes for the Project Manager and key technical personnel and/or subcontractors showing education and experience relevant to this project. 6.3.1.2 The role of each staff member, the number of executive and professional personnel that will be employed, and their skills and qualifications relevant to the project. References should be made between the role of the proposed project team and the FIRM's similar experiences/projects listed previously. 6.3.1.3 The proposed distribution of appraisal work to each staff and subcontracted appraiser (as a percentage of the contract's total appraisal work); the proposed distribution of negotiation work to each staff and subcontracted negotiator (as a percentage of the contract's total negotiation work); and the proposed distribution of relocation work to each staff and subcontracted relocation specialist (as a percentage of the contract's total relocation work). 6.3.2 The use of subcontractor services must be clearly outlined. 6.3.3 The proposal shall include a list of deliverables. 6.3.4 Include a project schedule outlining the time and estimated completion date of the proposed scope of work. This shall include a schedule for and description of all deliverable products throughout the period. 6.3.5 The proposal shall specify anticipated CITY resources in terms of personnel, facilities or equipment utilized by the FIRM during the project contract period. 6 6.3.6 Specify the FIRM's ability to integrate this project into their work schedule. 6.4 Fees and Compensation Include a Fees and Compensation proposal in a separate enclosure from the other portion of the RFP submittal. The fees and compensation proposal must reflect the FIRM's fees to fully provide the services outlined in the scope of services and any deviations from the scope of services identified by the FIRM. Fees must be broken down by activity with a billing rate and the number of hours anticipated to complete the task. In addition, the fees must include the estimated miscellaneous expenses such as travel, lodging, milage, copies, etc. Do not include Iowa sales tax in the FIRM's proposal price, as the CITY is exempt from Iowa sales tax. 7.0 SERVICES BY THE CITY Services that the FIRM desires the CITY to perform outside those identified in the scope of services outlined herein should be clearly stated in the proposal. 8.0 SELECTION CRITERIA Proposals will be screened to ensure that they meet the minimum requirements of the proposal format. A review of qualifying proposals will identify FIRMs that most closely meet the needs of the CITY. The CITY will evaluate proposals based upon the following criteria (not necessarily listed in order of importance): 8.1 Qualifications and experience of the FIRM-reference checks, achievements and completion of similar projects. 8.2 Project team-qualifications and experience with similar projects of the principal FIRM staff proposed to work on the project, variety and application of various disciplines within the team, and availability and qualifications of any subcontracting staff. 8.3 Grasp of the project requirements-the FIRM's understanding of the scope, preparation and level of interest. 8.4 Design approach/methodology in completing the scope of work and services-technical alternatives, creativity and problem solving ability. 8.5 Responsiveness-general attitude and ability to communicate to audiences with varying technical backgrounds. 8.6 Local economic impact-ability to incorporate local FIRMs. 8.7 Schedule evaluation-time required to complete the project. 8.8 Fees. 9.0 SELECTION PROCESS 9.1 The RFP Committee will review the proposals and rank them based on which FIRMs best meet the criteria listed above. The CITY reserves the right to reject all proposals, to reject individual proposals for failure to meet any requirement. All decisions on compliance, evaluation, terms and conditions shall be made solely at the CITY's discretion and made to favor the CITY. 9.2 After the initial screening, FIRMs may be invited to interview. 7 9.3 City staff will make a recommendation to the City Manager based on the proposals, potential interviews, and overall responsiveness to the RFP. 9.4 The City Manager will recommend a FIRM to the City Council and the City Council will then choose a FIRM. The CITY is an Equal Employment Opportunity Employer. 9.5 Following the award of the project by the City Council, contract negotiations will commence. If negotiations do not result in an agreement acceptable to the CITY, the CITY may reject the proposal and begin negotiations with another FIRM. The CITY will consider the FIRM's qualifications, reputation, all prices submitted, other known prices, the project budget and other relevant factors. 9.6 The tentative selection process schedule is as follows: RFPs released to the public: Responses due: Recommendation to City Manager: Recommendation to City Council: Acquisition process initiated: August 16, 2005 September 6, 2005 September 26, 2005 October 3, 2005 October 31, 2005 10.0 SUBMISSION REQUIREMENTS Proposals are to be signed by an officer of the FIRM authorized to bind the submitter 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) days is required. The proposal shall become an integral part of the contract between the CITY and the FIRM and representations, covenants, and conditions therein contained shall be binding upon the person, FIRM or corporation executing the same. Failure to manually sign proposal will disqualify it. An original plus 9 copies of the proposal must be received in the office of the CITY Clerk by 3:00 p.m. CST on September 6,2005. The address is: City of Dubuque C/O Jeanne Schneider, City Clerk 50 West 13th Street Dubuque, Iowa 52001-4864 Each FIRM assumes full responsibility for delivery and deposit of the completed proposal package on or before the deadline. Proposals received after the specified time will be returned unopened. The CITY is not responsible for any loss or delay with respect to delivery of the proposals. The CITY is not liable for any cost incurred by any FIRM before the execution of an agreement or contract; nor shall the CITY be liable for any costs incurred by the FIRM not specified in contract documents. The CITY shall become owners of the proposals upon submission. 8 ATTACHMENT A PIN OWNER NAME Area OWNER ADDRESS OWNER ADDRESS3 ZIPS CLASS TOTAlVALUE FULLLEGAl DEEDDATE DEEDBOOK DEEDPAGE 1 c1 1024285012 BILLMEYER, CYNTHIA A ETAL 5282.2 1<56 O'HAGEN DUBUQUE IA 52001 C 9600 LOT 1-354 EAST DUBUQUE !'DO 0 a 1024285015 BillMEYER, CYNTHIA A ETAl 2641,92095 KERPER BLVD OUBUQUE IA 520011 8300 W 1/2 LOT 352 EAST DUBUQUE ADD 11172000 00 13609 2 c3 1024286001 BLUM PROPERTIES INC 5234.1 1552 MAPLE STREET DUBUQUE IA 52001 R 7000 E 1/2 LOT 352 EAST DUBUQUE ADD 3022004 04 3261 c4 1024286002 BLUM PROPERTIES INe 5264.1 POBOX 901 DUBUQUE IA 52004 C 23800 LOT 378 EAST DUBUQUE ADD 12151990 91 1384 c5 1024286003 SLUM PROPERTIES INe 5310.2 POBOX 901 DUBUQue lA 52004 C 13700 LOT 379 EAST DUBUQUE !'DO 12151990 91 1384 t6 1'19151001 BLUM PROPERTIES INe 5270.1 POBOX 901 DUBUQUE IA 52004 C 13700 LOT 380 EAST DUBUQUE ADO 12151990 91 13&< c7 1119151002 BLUM PROPERTIES INC 5269.0 POBOX 901 DUBUQUE IA 52004 C 13800-LOT 381 EAST DUBUQUE ADO 12151990 91 1384 c8 '119151003 BLUM PROPERTIES INC 26&54.4 POBOX 901 DUBUQUE IA 52lJOoO C 13800 LOT 382 EAST DUBUQUE ADD 12151990 91 1384 3 ell 1024285010 BLUM. WILLIAM & DOROTHY 3591.5137 MAIN STREET DUBuaUE IA 520011 9900 W 1/2 LOT 355 EAST DUBUQUE ADD 3112005 05 3676 4 c10 1024284011 G & S REAl ESTATE 2628.7 POBOX 901 DUBUQUE IA 52lJOoOC 134500 DUBUQUE ADD 12151990 91 1384 5 c11 1024285006 JUNNIE AND RICH'S COIN 5290.7137 MAIN STREET DUBUQUE IA 520011 9700 N 1/2 LOT 316 EAST DUBUQUE !'DO 3112005 05 3678 c12 1024285013 JUNNIE AND RICH'S COIN 2643.3 137 MAIN STREET DUBUQUE IA 520011 4500 LOT 2 OF 354 EAST DUBUQUE ADD 3112005 05 3676 6 c13 1024284008 SCHWARTZ, MILTON E 5257.31552 MAPLE STREET DUBUQUE IA 52001 R 10100 LOT 353 EAST DUBUQUE AOD 3022lJOoO 04 3261 ALL INFORMATION AS OF MAY, 2005 ATTACHMENT B INSURANCE SCHEDULE C INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE 1. 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 Rating Guide. 2. All policies of insurance shall be endorsed to provide a thirty (30) day advance notice of cancellation to the City of Dubuque, except for 10 day notice for non- payment, if cancellation is prior to the expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. 3. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such Certificates shall include copies of the following endorsements: a) Commercial General Liability policy is primary and non-contributing. b) Commercial General Liability additional insured endorsement. c) Governmental Immunities Endorsement. shall also be required to provide Certificates of Insurance of all subcontractors and all sub-sub contractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the same 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 or 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 (anyone occurrence) Medical Payments $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 10f2 June 2005 INSURANCE SCHEDULE C (Continued) INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE This coverage shall be written on an occurrence form, not claims made form. All deviations or exclusions from the standard ISO 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 and/or authorities and their board members, employees and volunteers shall be named as an additional insured on General Liability including "ongoing operations" coverage equivalent to ISO CG 20 100704. b) Automobile $1.000.000 combined simIle limit. c) WORKERS COMPENSATION & EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability: Each Accident Each Employee Disease Policy Limit Disease $ 100,000 $ 100,000 $ 500,000 $1,000,000 d) PROFESSIONAL LIABILITY e) UMBRELLA/EXCESS LIABILITY * *Coverage and/or limit of liability to be determined on a case-by-case basis by Finance Director. Completion Checklist D Certificate of Liability Insurance (2 pages) D Designated Location(s) General Aggregate Limit CG 25 04 03 97 D Additional Insured CG 20 100704 D Governmental Immunities Endorsement 20f2 June 2005 ~OBQ.. CERTIFICATE OF LIABILITY INSURANCE I OA TE (MMlDDIYYVY' 02/28/2005 PRODUCER (563) 556-0272 FAX (563)556-4425 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR STREET ADDRESS ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CITY, STATE, ZIP CODE INSURERS AFFORDING COVERAGE NAIC# INSURED Co~any Insurance Company -- INSURER A. Street Address INSURER B City, State, Zip Code ..- INSURER C -- e------ INSURER D: INSURER E. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN' ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOAll THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS. lNSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXJ>lRl'.TION UMITS GENERAL UABlUlY X COMMERCIAL GENERAl LIABILITY ClAIMS MADE ill OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED $ MED EXP (Any one penon) $ PERSONAL & ADV INJURY $ GENERAL. AGGREGATE $ PRODUCTS-COMP/OPAGG $ COMBINED SINGLE LIMn $ (Ea accidenl) BODILY INJURY $ (Per person) BODILY INJURY $ (Per acddent) PROPERTY DAMAGE S (Per accident) AUTO ONLY - EA ACCIDENT S A X j,v';vMP'-e sc;jlJ1'V .,S' I LIf' (I( Or. ~.J ~oI'I <... X A X SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE UABlUTY ANY AUTO EA ACC S $ $ $ $ $ OTl1ER THAN AUTO ONLY AGG EXCESSlUMBRElJ.A UASII..lTY X OCCUR 0 CLAIMS MAOE EACH OCCURRENCE DEDUCTIBLE X RETENTION $ WORl<ERS COMPENSATION "NO ElIPlOYERS' UABlUTY A ~JI~~=~~~ECUTtVE If \'85. detcrlbe uncIer SPECIAl PROVISIONS _ fkW'ESSIONAL LIABILITY OTH. EL EACH ACCIDENT $ EL DISEASE - EA EMPlOYE 1\ E L DISEASE. POLICY LIMIT $ $1,000.000 $ DESCRIPTION OF OPERATIONS I LOCAl1ONS I VEHICLES I EXCLUSIONS "ODED BY EN~MENT I SPECIAL PRCMSlONS E CITY OF DUBUQUE IS AN ADDmONAL INSURED ON GENERAL LIABILITY POLICIES INCL ONGOING & COMPLETED ERATIONS COVERAGE EQUIVILANT TO ISO CG 2010 0704 II CG 2037 0704. GENERAL LIABILIlY POLICY IS PRIMARY NON-CONTRIBUTING. FORM CG 2504 0397 "DESIGNATED LOCATIONS" GENERAL LIABILITY AGGREGATE LIMIT SHALL BE ClUDED . GOVERNMENTAL IMMUNmES ENDORSEMENT IS INCLUDED. ALL POLICIES OF INSURANCE SHAll BE ENDORSED PROVIDE THIRTY U~) DAY ADVANCE NOTICE OF CANC-ElLATION TO THE CITY OF DUBUQUE. SHOULD APlY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE exPIRI'. TlOH DATE THt!ReOF. TflElSSUING INSURER W1Ll.~~ MAlL ~ DAYS WRITTEN NOTICE TO THE CERTIFiCATE HOLDER NAMED TO THE LEFT, ~.~~J(ilM~9XIUtdi(XX ~~.nXaoot)(16kHiOO(~XXXXXXX AUTHORIZED REPRESENTATIVE CITY OF DUBUQUE CITY HALL 50 W. 13TH STREET DUBUQUE, IA 52001 ACORD 25 12001J08} te.lACORO CORPORATION 1ClRJl IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of.the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in 1ieu of such endorsement{s). DISCLAIMER The Certificate of Insurance on the reverse side of this fonn does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affinnatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. SPECIMEN '08\ , ROlleY NUM8ER: . . COMMEF\CIAL GENERAL LlA8IU1Y CG 2S 04 03 97 THIS ENDORSEMENT CHANGES THE POLJCY~ PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location{s): LOCATIONS' ~ (If no entry appears above, infonncrtion required to complete thiS endorsement win be shown in the Declarations as applicable to this endorsement.) A. For aU sums which the insured becomes legally obligated to pay as damages caused by .occurrences" under COVERAGE A (SECTION O. and for aU medical expenses caused by acci- dents under COVERAGE C (SECTION I), which can be attributed only to operations at a single designated .Iocation- shown in the Schedule above: 1. A separate Designated Location General Aggregate Umit applies to each designated -location., and that limit Is equal to the amount ot the General Aggregate Umit shown in the Declarations. %. The Designated Location General Aggregate Umit is the most we wlll pay for the sum of all damages under COVERAGE A, except dam- ages because of .bodily Injury- or .property damage' included in the .produds:completed operations hazard., and for mediCal expenses under COVERAGE C regardless of the. num- ber of: a. 'Insureds; b. Claims made or .su~ brought; or c. Persons or organizations making claims or bringing .suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C .for medical expenses shall reduce the Desig- nated Location General Aggregate Limit for that des1gnated -location'. Such payments shaU not reduce the General Aggregate Umit shown in the Declarations nor shall theyre- duce any other Designated Location General Aggregate Umit 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. However. instead of being subject to the General Aggregate Umlt shown in the Declarations, sugP ..lImits will be subject to the applicable Designated Location General Aggregate Limit SPECIMEN CG 25 04 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1012 n r / . ~. .0. \." .. . . POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR OR.GANIZATION This end<:>rsement modifies insurance provided under the following: COMMERCIAL GENERAL LlABILlTY COVERAGE PART SCHEDULE 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. Location s Of Covered 0 rations A. Section II - Who Is An Insured is amended to include as an additionai insured the person(s) 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. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the locatlon{s) desig- nated above. SPECIMEN B. With respect to the insurance afforded to these additional insureds, the following additicmal exdu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All 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 or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in perfonning operations for a principal as a part of the same project. CG 20 10 0704 @ ISO Prooerties. Inc., 2004 Page 1 of 1 o CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. 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 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity The City of Dubuque, Iowa shall be resp,onsible 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 defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN 1 of 1 June 2005