Loading...
Request for Proposals_Indoor Aquatic Center StudyTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Approve Request for Proposal for Indoor Aquatic Center Study DATE: January 14, 2013 Dubuque kital All- America City II 111! 2012 The City Council received a request from the Dubuque Community School District School Board in June of 2012. Their request was to discuss the possible creation of a new, stand -alone aquatic center. The Council at their most recent goal setting session adopted a policy agenda for 2012 - 2014 that included indoor aquatic center evaluation, direction and school partnership as a high priority. Leisure Services Manager Marie Water recommends City Council approval of a Request for proposal for an Indoor Aquatic Center Study. The Request for Proposal has the Dubuque Community School District as the lead organization, but the document is clear that the study is a partnership of the City and School District. The study would be paid for in a 50/50 split between the City and the Dubuque Community School District. While it is uncertain at this time the cost for these services, the Fiscal Year 2014 budget recommendation will include $50,000 for 50% of a $100,000 contract. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Marie L. Ware, Leisure Services Manager THE CITY OF Dui Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager DATE: January 14, 2013 SUBJ ECT: Approve RFP for Indoor Aquatic Center Study Dubuque had All-America City ' 11' 2007 INTRODUCTION The purpose of this memo is to request City Council concurrence with, and approval of a Request for Proposal [RFP] for an Indoor Aquatic Center Study. BACKGROUND The City Council received a request from the Dubuque Community School District School Board in June of 2012. Their request was to discuss the possible creation of a new, stand -alone aquatic center. The Council at their most recent goal setting session adopted a policy agenda for2012 - 2014 that included indoor aquatic center evaluation, direction and school partnership as a high priority. Ajoint city - school committee was set. City representatives included Laura Carstens,- Planning Services Manager, Mary Rose Corrigan - Public Health Specialist,Janna Beau - Recreation Program Supervisor, Nikola Pavelic- Community Engagement Coordinator and Marie Ware- Leisure Services Manager. The school representatives included Karla Weber, Dan Duclos, Bill Burkhart, Brent Cook, Amy Hawkins, Tom Meissner and Kevin Kelleher. The committee began meeting in September of 2012. The Hempstead Pool had an initial review by a consultant, Burbach and Associates. They recommended removing the entire deck, correcting the gutters, installing floor drains, redesigning mechanical pits, redesigning the chemical room. This work was estimated at $1.4 million. Additionally it was recommended that the heat recovery system be replaced and that was an additional $300,000. The pool was built in 1968. The only modifications are that the school installed a pool liner and new drain based on the Virginia Graeme Baker Act. They have a one -inch loss of water each day which amounts to a 2,000 gallon per day leak. The heat recovery unit is 40 years old. The pool is not sufficient to host competitive regional events. The deck is too narrow. It has accessibility issues. The gutter system does not work as it should. The joint committee has worked to gather the appropriate information and background to develop an RFP. This work has been ongoing. The attached RFP for an indoor aquatic center study includes a scope of five requested services: conceptual facility planning, financial impact analysis, community engagement, site analysis and needs analysis. The RFP was developed through numerous meetings of the committee and a working subcommittee. The RFP identifies components of an aquatic center that are required and options. It also requests the study of additional partnerships. The goal will be to complete the study by August 15, 2013. The RFP is being sent out with the School as the lead organization but the document is clear that the study is a partnership of the City and School District. The RFP as it was developed uses the best practices of the city and the district. The study would be paid for in a 5050 split. The School District's School Facilities and Support Committee approved the RFP at their January 8th meeting. The Park and Recreation Commission at their January 8th meeting recommended approval of the RFP to the City Council. The Dubuque Community School District is set to act on the RFP at their meeting on January 14th. DISCUSSION By the evening of the January 22nd Council meeting the last required action is for approval by the Council. The RFP will then be released by the District. The study outlines information to be brought forward as a part of the Study. All this will give the Council and School Board the necessary facts and information to make informed decisions about next steps. The School and City have a great working relationship and this is an opportunity to study another partnership. PROJECT COST - BUDGET IMPACT The cost of the study will be split 50/50. The city's portion of the study will be requested as a part of the Fiscal Year 2014 budget process. ACTION TO BE TAKEN I respectfully request City Council approval of the attached RFP for Indoor Aquatic Study. Prepared by: M LW:et cc: Laura Carstens Mary Rose Corrigan Nikola Pavelic Janna Beau Dubuque Cominuniiy Schools 7b inspire and challenge June 8, 2012 Mayor Roy D. Buol and City Council City of Dubuque 50 West 13th Street Dubuque, IA 52001 Dear Mayor Buol and Council Members: RC:i E{ \'ED 12 JUN 12 P11 2: 10 City Cie k s L Dubuque, IA 1/4/ s.1 2300 Chaney Road Dubuque, IA 52001 -3095 Phone (563) 552 -3000 Fax (563) 552 -3026 www.dbqschools.org As part of the master planning process for the Dubuque Community Schools, the district has started to explore options for the aging pool facility at Hempstead High School. Early estimates show that it would cost approximately $2 million to repair and facelift the pool. Even with these enhancements, significant challenges would continue to exist at the current site. The diving well, while grandfathered in for use, slopes in a way that is not acceptable under guidelines for new facilities because of possible safety concerns and the depth of the lanes also poses a safety threat. From a sustainability perspective, the aging of the pool has caused a slow leak that is near impossible to address in the current facility. We believe that moving forward with work at the current site is akin to putting a Band -Aid on the pool. It would not fully address the shortfalls that exist and would be doing a disservice to the students of the district and the taxpayers who support it. On the flip side, we believe this presents us with a wonderful opportunity to bring the idea of collaboration between the district, the city and other partners to life in a meaningful way. We would like to invite representatives from the city council and city staff, as you see fit, to meet with representatives from the school board and district administration to discuss the possible creation of a new, stand- alone aquatic center. At the meeting, we wish to discuss what the framework might be for beginning broader conversations with potential private partners in the community who may find great interest in this endeavor as well. Acting Superintendent Stan Rheingans will be in touch to follow -up on this request. A new facility, which has been discussed for years throughout the community, could be a flagship venue to serve the students of the district and the greater Dubuque -area community. We believe now is an ideal time to begin these talks. As you know, there has been much talk in the past about how the district and city can collaborate in ways that make Dubuque an even stronger, more vibrant community. We believe this is one way to bring action to our words. Thank you in advance for your willingness to begin discussions — we look forward to many fruitful conversations in the days ahead. Sincerely, tan Rheingan Acting Superintendent Craig S. Beytien President, Board of Education January 4, 2013 Dubuque Community School District 2300 Chaney Road Dubuque, IA 52001 -3095 Phone: 563/552-3000 Fax: 563/552-3026 Superintendent, Stan Rheingans Executive Director of Finance and Business Services, Kevin Kelleher Manager of Buildings and Grounds, Bill Burkhart REQUEST FOR PROPOSAL (RFP) for INDOOR AQUATIC CENTER STUDY The Dubuque Community School District (District) is currently contemplating an indoor aquatic center project to replace the existing indoor aquatic facility at Hempstead High School. The current pool is a District -owned pool that allows rental use by the City of Dubuque (City) for public recreation programs. The District is partnering with the City to evaluate the possible creation of a new, stand -alone indoor aquatic center to better serve the needs of the District and the community. The District is soliciting requests for proposals from qualified consultants to provide a Study to assist the District and the City in determining whether to proceed with plans to construct an indoor aquatic center and, if so, under what circumstances. This Study includes, but is not limited to, conceptual facility planning, financial impact analysis, community engagement, site analysis, and needs analysis. This Study will involve outreach to potential partners and the community. Interested and qualified firms are invited to submit a proposal to provide professional services for the project, as noted below. The selected consultant will be required to meet the insurance requirements of both the District and City. The District's insurance requirements are listed in Schedule 1 and the City's insurance requirements are listed in Schedule 2. Any questions regarding the project or this RFP should be directed to Mr. Bill Burkhart, Manager of Building and Grounds, Dubuque Community School District at 563/552 -3175 and /or email bburkhart(d dbgschools.or_q prior to submission. 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 over 30 square miles in area, with a population of nearly 60,000 persons. 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. Page 1 January 4, 2013 The Dubuque Community School District is governed by an elected Board of Education and managed by a Superintendent. The District has a current enrollment of 10,500 students in grades pre K - 12. The District's mission is to develop world -class learners and citizens of character in a safe and inclusive learning community. The District's website is http: / /www.dubuque.k12.ia.us. The District Strategic Plan is available online at http:// www. dubuque. k12. ia.us /strategicplan /index.html. The City of Dubuque is governed by an elected Mayor and City Council and managed by a City Manager. The City funds a full range of municipal services. City government works in collaboration with the private and non - profit sectors to promote economic development and sustainability. Sustainability and downtown, neighborhood, and riverfront planning and revitalization are long- standing priorities of the City Council. The City's web site is www.cityofdubuque.orq. The City Council's Goals and Priorities are available online at http://www.citvofdubugue.org/councilgoals. SUMMARY OF PROPOSED PROJECT District committees and consultants have recently completed a study of the existing Hempstead High School (Hempstead) indoor aquatic facility. The original facility was constructed in 1971 and no significant modifications have occurred since original construction. The results of the study completed by Burbach Aquatics, Inc. have revealed several deficiencies in the current pool at Hempstead. The study looked at three major elements including pool vessel /decking, pool water recirculation /disinfectant system, and space needs. A cost estimate of $1.4 million would be required to repair these deficiencies. Upon completion of suggested repairs, the pool would not meet current competition standards and would be considered as recreational use only. The District Board of Education and the Dubuque City Council have jointly identified the need to evaluate the possible creation of a new, stand -alone indoor aquatic center to better serve the needs of the District and the community. A joint planning committee of District and City staff was created to address the following: • Undertake a needs assessment/feasibility study — What are the needs of the District, the City and the community? Are there similar needs? How do we work to uniquely meet the needs of others? • What are the needs of the City's Leisure Services Department and Hempstead and Senior High Schools? Are there ways to expand District programming? • Create a list of must have /like to have. Look at needs versus wants. • How does the project fit into what everyone wants to accomplish? Is the facility adequate for all needs? How can we enhance what we offer? • Who are other possible partners? What can they contribute? • What is the range of costs? Can all this be done from a financial side? Gather the sense of scale. • How much land is needed? Might show a range of locations. • How does it work in other communities? What are ways to structure? What are best practices? • Opportunities for the community to give input and get buy in because we will need community support. Page 2 January 4, 2013 A joint committee of the District and the City has identified the desired features of a multi- purpose indoor aquatic center. The joint planning committee has identified the following desired outcomes for an indoor aquatic center: Requirements: • Pool with multi - purpose capabilities o Minimum of 25 yards x 50 meters o 14 -foot diving well with a minimum of two (2) one -meter boards o Capabilities for a 25 -yard, 8 -lane competition pool with depth of 8 to 14' o Zero depth entry • ADA compliant and state /federal /local code compliant • Access to swim lessons for all ages and abilities • Timing system • Sound system • Multi- purpose training /meeting area • Spectator seating area(s) • Locker rooms • Adequate deck space to host multiple teams • Concession area • Lobby /gathering area including ticket window /access entry point • Outdoor signage • Storage space • Chemical storage room • Media area /control room • Sustainable building Options: • School curriculum that allows every elementary student to learn to swim • Aquatic fun area (for lessons and /or fun use) • Whirlpool therapy pool • Underwater sound system • Weight room and conditioning area • Walking /running track • Three -meter diving boards • Two pools with the ability to control water temperatures • Ability to expand and modify the facility • Incorporate visual arts into the design The District and the City have not yet determined if, or to what extent, either entity supports the development of an indoor aquatic center. This Study is intended to assist the District and the City in reaching that decision, and will explore this through the project scope shown later in this document. Page 3 January 4, 2013 RFP RESPONSE PROCESS Consultants desiring to provide professional services to the District must be able to: 1. Successfully team with the District and the City, two elected governing and taxing bodies that jointly are funding this Study, as well as potential community partners. 2. Provide the necessary experience to work with the District, the City, as well as potential community partners to complete a Study for an indoor aquatic center, in conjunction with consideration of current and proposed curricula and educational delivery as well as extra - curricular, competitive, and recreational swim opportunities, as outlined in the scope of services. RFP SUBMISSION PROCESS 1. Interested consultants must submit twelve (12) copies of a written proposal and also an electronic pdf version. Proposals must be delivered in printed format with the exclusion of the one required pdf version. The pdf version must be submitted on a flash drive along with the written copies of the proposal. No faxed or e-mail proposals will be accepted. 2. Proposals must be delivered, in a sealed envelope or box with the words "INDOOR AQUATIC CENTER STUDY" clearly marked on the outside thereof, to: Kevin Kelleher, Executive Director of Finance and Business Services Dubuque Community School District 2300 Chaney Road Dubuque, IA 52001 -3095 3. Proposals are due to the District before 2:00 p.m. CST, March 8, 2013. a. Proposals will be reviewed by the District and the City. After the proposals are evaluated, the District and the City will determine the consultants to be interviewed. b. The District and the City may choose to contact officials from other jurisdictions regarding a consultant, its prior work experience, and its ability to successfully complete the scope of services. c. The District and the City may request clarification or additional information from a specific consultant in order to assist in the District's and the City's evaluation of a proposal. d. Finally, the District and the City may require changes in the scope of services as deemed necessary by the District and the City, before execution of a contract. 4. Each consultant assumes full responsibility for delivery and deposit of the completed proposal package before the deadline. The District and the City are not responsible for any loss or delay with respect to delivery of the proposals. The District and the City reserve the right to reject any and all proposals and to negotiate changes with any consultant. The District and the City are not liable for any cost incurred by any consultant prior to the execution of an agreement or contract. Nor shall the District or the City be liable for any costs incurred by the consultant that are not specified in any contract. Page 4 January 4, 2013 EVALUATION CRITERIA & PROCESS The objective is to select the consultant most qualified to provide the services outlined in this request. Initial screening will be done without knowing the consultant's proposed fee for services. Evaluations will be based on the criteria listed below. Responsiveness, Quality, and Completeness of Proposal • Everything is included that was required by the RFP • The proposal fits with the District Strategic Plan and the City Council's Goals and Priorities • The quality of written material and presentation, relevant experience, answers to questions, and overall organization Experience/Qualifications/Creativity • Experience completing aquatic center studies • Experience working with municipalities and school districts • Experience working with multiple partners • Experience with developing and implementing community engagement processes • Ability to successfully complete the scope of services on time and within budget • Ability to successfully work with District and City staff • References • The selected team has proven capability to deliver strong and innovative solutions that respond to key issues (demonstrate capabilities in proposals) • Aquatic center planning • Aquatic facility capital and operating cost estimating expertise • Site evaluation capabilities and experience including any required transportation and traffic impact expertise • Knowledge of similar aquatic facilities' partnerships, costs, and performance characteristics Qualifications of Key Individuals • Project manager's expertise, experience, and unique qualifications • Other personnel committed to this project and their unique qualifications Scope of Services • Consultant understands what it will take to successfully achieve the goals and objectives of the requested services • Consultant proposed revisions and /or changes to the scope of services that would better serve the community Communication • Consultant's ability to conduct public outreach meetings and solicit input • Consultant's ability to communicate ideas, reports, and vision(s) in a clear and concise format • Success of the project will rely on input from the community and from potential partners and the process used to incorporate feedback Page 5 January 4, 2013 Litigation • List and explain any past claims and /or lawsuits, and the reason for the claim and /or lawsuit • List and explain any pending claims and /or lawsuits, and the reason for the claim and /or lawsuit Proposed Fees and Compensation • Reasonability of scope of services to fees proposed RFP RESPONSE SUBMITTAL DETAILS All proposals submitted must be: • Limited to twenty -five (25) pages o The 25 -page limit does not include front and back covers (optional), transmittal letter, references, and fees and compensation o Fees and compensation must be submitted in a separate envelope • Bulleted items or outline format are required; essay format is not acceptable • Presented in 8 % x 11 inch format • All recyclable materials • Arial font, minimum 11 point font • In the same order as described below • No binders or bindings • The original proposal will include original signatures, in ink, by authorized personnel, on all documents that require an authorized signature • Do not include marketing materials Add any specific additional information about the consultant that will benefit the District and the City in the selection process. Failure to provide the required mandatory information may result in a consultant not being considered. Submitted proposals will not be returned. ORDER OF SUBMITTAL DOCUMENTS To simplify the review process and obtain the maximum comparability, the proposal must include the following information, at a minimum, and be organized in the following manner. Letter of Transmittal: Provide a one page letter of transmittal briefly stating the consultant's interest in this project, outlining the consultant's understanding of the work, and the name, address, telephone, cell and fax numbers, and email address of the project manager and signed by the project manager. Introduction Statement: Provide a one page introduction statement that explains the consultant's expertise, previous experience, and unique qualifications for this project. Profile of Consultant: Provide general information about the consultant and its area of expertise in regards to this RFP, including the qualifications of the project manager and other key personnel to be assigned to the project. Page 6 January 4, 2013 Background and Organization - Identify name, address, history and organization of the consultant, including an overview of the services the consultant provides in -house and the number of years the consultant has provided the requested services. Describe any other relevant professional services offered by the consultant and how these services may be able to benefit the District and the City. Teamwork - Describe the process recommended to create a team relationship among those involved with the project, including the District, the City, the public, and other potential partners. Experience - Describe recent professional experience with detailed but brief descriptions of representative projects, including project budgets, team members, community engagement process, and other applicable information, including work with public sector clients, and a minimum of three (3) most recent aquatic studies. Team Members - Identify key team members that will be assigned to the project, including their office location, specific roles and responsibilities, time commitment to the project, and individual professional expertise /credentials, especially relating to experience with similar studies. • List project manager for the team • A listing of team personnel who will actually be assigned to perform the work on this project, and a breakdown and description of tasks assigned per project team member. Describe the hierarchy of project management • For consultants located outside the region, address how the consultant will remain responsive to short notice requests and meetings • Identify similar projects that team members have worked on together Sub - consultant(s) personnel experience • Names and addresses of any outside consultant(s) or associate(s) proposed to be involved with this project • Include each proposed sub - consultant(s) experience and qualifications as described above for firm's personnel • For sub - consultants located outside the region, address how they will remain responsive to short notice requests and meetings • Identify similar projects that team members have worked on together with the sub - consultants Scope of Services Scope of services should include preparation and presentation of draft and final written reports, including all visual aids for public presentations. Provide a detailed description of how the consultant proposes to approach this project. Include sufficient discussion of proposed methodologies, techniques, and procedures for each work item. Describe the means or strategy by which the consultant would satisfy the following scope of services, and /or an alternative or hybrid strategy recommended by the consultant. Page 7 January 4, 2013 The proposed scope of services will fully address: • Conceptual Facility Planning • Financial Impact Analysis • Community Engagement • Site Analysis • Needs Analysis Proposed Project Schedule Completion of Study is targeted for August 31, 2013. Provide a project schedule outlining the time period and estimated completion date of the proposed scope of work. This should include a schedule for and description of all deliverable products throughout the period. Describe the method to assure that the time schedule will be met. Identify the person responsible for assuring schedule compliance. Products should be delivered in hardcopy and electronic formats compatible with the District's and the City's computer software and hardware. References Provide at least three (3) references of clients for whom the consultant has completed similar projects within the past five years, with full name, title, address, email, phone, and fax numbers. Litigation Provide litigation information, if applicable. Fees and Compensation Provide a proposed cost plus expenses budget for completion of the proposed scope of services with cost breakdowns by scope element. Clearly define reimbursable costs such as travel, printing, etc. Provide hourly and overhead rates for personnel, including for additional services. Include proposed fee payment schedule. Quotation of fees and compensation shall remain firm for a period of at least 90 days from the submission deadline. Please separate the proposed fees and compensation from the other portion of the RFP submittal. Initial screening will be done without knowing the consultant's proposed fee for services. PROJECT SCOPE 1. Conceptual Facility Planning: Any future design planning will be based on conceptual facility planning developed from the programming needs and goals. The conceptual facility planning should demonstrate how the pool will be used and what space and configuration options are recommended. Conceptual facility planning will incorporate (where applicable) feedback received from the community engagement process. Research and document existing aquatics facilities in the community, including facility location, size, components, rate structure, and operational cost recovery. Create sample pool use schedule(s) for school district athletics and programs, City programs, and local and regional aquatic groups. Page 8 January 4, 2013 The Study will test all programmatic features to ensure that they meet the needs of the community. Each conceptual plan will include detailed capital and operational cost estimates to provide a rational business case that meets the needs of District students and Dubuque residents. Conceptual facility planning will incorporate (where applicable) feedback received from the community meeting(s). 2. Financial Impact Analysis: The capital, operating, and maintenance cost impact of key program components will be studied as part of the financial impact analysis to compare the merits of each component to the overall facility. The assessment will develop a priority of the program components, based on how the facility will be utilized, its potential rate structure, and the cost and impact(s) of each component. This step will need to identify the critical components of the aquatic center and be organized to identify: • Potential programming recommendations (site and building) to be included for analysis • How key programmatic elements effect the facility's cost recovery (through an 'element vs. associated cost' matrix) • Funding and potential partnership analysis • Impacts on existing pool and aquatic facilities in the community • Schedule /timeline showing when major milestones for tasks and subtasks will be completed Analyze multiple operational models and program components including best practices. Develop a long -range operational plan to ensure the long -term economic viability of the facility, including annual costs of operation and maintenance and annual revenues. Develop capital cost models for required items and potential outcomes. 3. Community Engagement: A community engagement process is part of the scope of work. The District and the City will assist in the organization; however, the overall coordination and documentation will fall within the contracted scope of work. The consultant will be required to prepare and present the draft and final reports, including visual aids, to the District's Facilities /Support Services Committee and to the District Board of Education, as well as to the City of Dubuque's Parks & Recreation Commission and to the Dubuque City Council. Describe the plan for community engagement. The community engagement plan needs to measure support and commitment, identify community desires for the overall concept of the facility, engage community partners in the process, and identify other funding opportunities. The proposed community engagement plan should: • Assign staff and define role • Provide for communication with all members of the community • Incorporate diverse methods for presenting information and receiving feedback 4. Site Analysis: Provide assessments for up to six (6) potential sites, which may or may not include the following: District -owned school site, District -owned non - school site, City -owned site, and privately -owned site. Page 9 January 4, 2013 Analyze each site to determine its suitability for an indoor aquatic center. Identify key criteria to assess the benefits and drawbacks to each site, and develop methodologies to compare and contrast the individual merits of each. A section will be included in the final report detailing the types of analysis conducted, results, and any limitations or concerns related to each of the sites. The report will identify one or more preferred sites. 5. Needs Analysis: Conduct a needs analysis to determine the need for a multi - purpose indoor aquatic complex for all ages, ranges of health, levels of experience, and recreational and athletic interests. • Determine needs of the District and the City • Research of similar aquatic facilities, including partnerships, costs, and performance characteristics • Contact other possible partners to identify their needs and their operating and capital contributions • Identify the potential users and user groups • Identify how stakeholders and potential user groups are represented and their time /space needs are addressed • Determine broad -based community support for an indoor aquatic center • Analyze the programming needs of the stakeholders and the community • Include appropriate fee schedules for potential users and user groups Page 10 January 4, 2013 Schedule 1 DUBUQUE COMMUNITY SCHOOL DISTRICT MINIMUM INSURANCE REQUIREMENTS 1. All insurance policies required hereunder shall be written with an insurer authorized to do business in the State of Iowa. Insures shall have an A.M. Best rating no less than "A - ", (Excellent). 2. All insurance policies required hereunder shall be endorsed to provide the Dubuque Community School District written notification of at least thirty (30) days prior to cancellation or non - renewal, ten (10) days notification for nonpayment of premium. 3. Contractor shall furnish Certificates of Insurance to the Dubuque Community School District indicating the insurance requirements set forth in this agreement have been met. Such certificates shall include copies of any policy forms and endorsements that are equivalent to those specifically required. Contractor shall be responsible to ensure all its subcontractors and sub - subcontractors performing work or services meet the insurance requirements for their respective trade. 4. Each Certificate of Insurance shall be submitted to the Dubuque Community School District Manager of Buildings & Grounds. 5. At its discretion and on a case by case basis, the Dubuque Community School District reserves the right to increase or decrease limits, and add or waive insurance coverage and requirements. 6. Failure to provide evidence of minimum limits and coverage or procure required insurance shall not be deemed a waiver of these requirements by the Dubuque Community School District. Failure to obtain or maintain the insurance requirements shall be considered a material breach of this agreement. 7. The Dubuque Community School will have in place Builders Risk insurance on new building projects that exceed $10,000 in value, including coverage for materials temporarily stored off site and in transit. Builders Risk insurance will include the interest of the Contractor and its subcontractors, except for any deductible, not to exceed $10,000. Contractor and its subcontractor shall be responsible for insuring its own equipment and property. Page 11 January 4, 2013 Schedule 1 DUBUQUE COMMUNITY SCHOOL DISTRICT INSURANCE REQUIREMENTS: GENERAL CONTRACTORS COMMERCIAL GENERAL LIABILITY: General Aggregate Limit $2,000,000 Products - Completed Operation Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage Limit (any one occurrence) $ 100,000 Medical Payments $ 5,000 Commercial General Liability policy shall be written on an occurrence form using ISO occurrence form CG 00 01 or equivalent form. Policy shall include the following endorsements: 1. ISO endorsement CG 20 10 or equivalent endorsement naming the Dubuque Community School District, its board members, employees and agents as an additional insured. 2. ISO endorsement CG 20 37 or equivalent endorsement naming the Dubuque Community School District, its board members, employees and agents as an additional insured for completed operations. This endorsement shall be maintained for a minimum of two years after completion of the project. 3. Endorsement indicating additional insured status for the Dubuque Community School District, its board members, employees and agents is primary and non - contributory. 4. ISO endorsement CG 25 03 or equivalent endorsement, Designated Construction Project(s) General Aggregate Limit. 5. ISO endorsement CG 24 04 or equivalent endorsement, Waiver of Transfer of Rights of Recovery Against Others to Us, naming the Dubuque Community School District. 6. Governmental Immunities Endorsement (see attached specimen). Page 12 January 4, 2013 Schedule 1 DUBUQUE COMMUNITY SCHOOL DISTRICT BUSINESS AUTOMOBILE LIABILITY: Combined single limit of Or $1,000,000 Bodily Injury (per person) $500,000 Bodily Injury (per accident) $500,000 Property Damage $500,000 Business auto liability shall be written on ISO form CA 00 01 or equivalent form. 1. Policy shall include Symbol 1 (Any Auto). 2. Include ISO endorsement CA 04 44 or equivalent endorsement, Waiver of Transfer of Rights of Recovery Against Others to Us, naming the Dubuque Community School District. 3. Include ISO endorsement CA 99 48, Pollution Liability — Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto Dubuque Community School District property. WORKERS COMPENSATION & EMPLOYERS LIABILITY: 1. Workers Compensation — Statutory — State of Iowa 2. Employers Liability Bodily Injury Limit Each Accident $500,000 Bodily Injury Disease — Policy Limit $500,000 Bodily Injury Disease — Limit Each Employee $500,000 Workers Compensation shall include the following endorsements: WC 0003 13, Waiver of Our Right to Recover from Others, in favor of the Dubuque Community School District. UMBRELLA OR EXCESS LIABILITY: Limit Each Occurrence Aggregate Limit $5,000,000 $5,000,000 Umbrella or Excess liability policy shall provide excess coverage and be at least as broad in coverage as the following required policies and endorsements: Commercial General Liability, Business Auto and Employer's Liability. Page 13 January 4, 2013 Schedule 1 DUBUQUE COMMUNITY SCHOOL DISTRICT 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 Dubuque Community School District as an Additional Insured does not waive any of the defenses of governmental immunity available to the Dubuque Community School District under Code of Iowa Section 670.4 as it 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 Governmental Immunity. The Dubuque Community School District 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 Dubuque Community School District 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 Dubuque Community School District. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Page 14 January 4, 2013 Schedule 2 CITY OF DUBUQUE INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES Insurance Schedule C 1. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Providers presenting annual certificates shall present a Certificate at the end of each project with the final billing. Each Certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent. 2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate shall be furnished to the contracting department of the City of Dubuque. 4. 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. 5. Subcontractors and sub subcontractor performing work or service shall provide a Certificate of Insurance in accord with Exhibit I. 6. All required endorsements to various policies shall be attached to Certificate of insurance. 7. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the provider identifying and listing in writing all deviations and exclusions that differ from the ISO form. 8. Provider shall be required to carry the minimum coverage /limits, or greater if required by law or other legal agreement, in Exhibit I. Page 15 January 4, 2013 Schedule 2 CITY OF DUBUQUE INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES Insurance Schedule C (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 a) Coverage shall be written on an occurrence, not claims made, form. All deviations from the standard ISO commercial general liability form CG 0001, or Business owners form BP 0002, shall be clearly identified. b) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project (s) General Aggregate Limit" as appropriate. c) Include endorsement indicating that coverage is primary and non - contributory. d) Include endorsement to preserve Governmental Immunity. (Sample attached). e) 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. using ISO form CG 2026. B) AUTOMOBILE LIABILITY $1,000,000 (Combined Single Limit) C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Coverage A Coverage B Statutory—State of Iowa Employers Liability Each Accident $100,000 Each Employee- Disease $100,000 Policy Limit - Disease $500,000 a) Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque. b) Coverage B limits shall be greater if required by Umbrella Carrier. D) UMBRELLA LIABILITY $1,000,000 E) PROFESSIONAL LIABILITY $1,000,000 Page 16 January 4, 2013 Schedule 2 CITY OF DUBUQUE INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES PRESERVATION OF 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 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 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 Page 17