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Request for Proposals - Outdoor Pools Facility Assessment Consultant Services Copyright 2014 City of Dubuque Consent Items # 6. ITEM TITLE: Request for Proposals - Outdoor Pools Facility Assessment Consultant Services SUMMARY: City Manager recommending approval of a Request for Proposal for consultant services for an in-depth assessment of both Flora and Sutton Pools, provide a detailed report including a maintenance plan and recommendations, as well as develop a master plan for long-term planning. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type RFP for Consultant Services for Sutton and Flora City Manager Memo Pools-MVM Memo Staff Memo Staff Memo RFP for Pool Assessment Supporting Documentation THE CITY OF Dubuque DUB E i" Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: RFP Consultant Services for the Detailed Assessment, Maintenance Plan/Recommendations and Long-Term Plan for both Sutton and Flora Pools DATE: August 8, 2016 Leisure Services Manager Marie Ware recommends City Council approval of a Request for Proposal for consultant services for an assessment of both Flora and Sutton Pools, provide a detailed report including a maintenance plan and recommendations, as well as develop a master plan for long-term planning. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael 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 Dubuque UBDgkE ;��-Americ111 aC i I. Masterpiece on the Mississippi 2007-2012-2013 TO: Michael C. Van Milligan, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: RFP Consultant Services for the Detailed Assessment, Maintenance Plan/Recommendations and Long-Term Plan for both Sutton and Flora Pools. DATE: August 4, 2016 INTRODUCTION The purpose of this memorandum is to request City Council approval of the attached Request for Proposal (RFP) to provide consultant services for an in-depth assessment of both Flora and Sutton Pools, provide a detailed report including a maintenance plan and recommendations, as well as develop a master plan for long-term planning. BACKGROUND Originally built in 1936 (Sutton Pool) and 1955 (Flora Pool), the City Council approved the new construction of both pools in 1990 and 1991. Since these renovations 25+ years ago, general maintenance has been conducted to the facility/infrastructure. CIP's and general operating budgets have also been spent on equipment replacement or repair based on manufacturer recommendations. There have been some improvements to the facilities in the last 10 years with the installation of UV systems to both pools in 2008 as well as new chemical distribution systems in 2013. A new heater was also installed at Sutton in 2014. Over the next 5 years the known maintenance items include new painting of pool surfaces ($90,000), heater replacement for Flora Pool ($30,000), UV system replacement ($30,000) as well as another $150,000 in additional maintenance. The average life cycle of outdoor pools is 25 to 30 years. Due to their age, the unknown expenses for the future of these pools include infrastructure failure (pumps, piping, surface/wall integrity, water slide foundations, etc.), ADA compliance and upgrades, and potential changes in amenities to fit with today's societal needs (family restrooms, transgender spaces, etc.). Staff has documented that both pools are losing water and many of the systems are showing signs of their 25+ years of use (rust, failing joints, 1 unresponsive valves, etc.) A plan needs to be put in place to extend the life of these City assets and a plan for the future. DISCUSSION As part of the City's Capital Improvement Program, $30,000 in funding has been approved in the FY17 CIP budget (1022648-62715) to hire an aquatic consulting firm to assess the condition of both Flora and Sutton Pools. A committee was approved to develop the attached RFP that would allow for the selection of a consulting firm to assess both pools. The scope of services described in the RFP requires the selected consultant to: Task 1A: Determine existing conditions of City aquatic facilities by conducting on- site inspections and audits, examining records, consulting with City staff, and other tasks as required. Task 1 B: Prepare a report of findings including recommendations for a repair/replacement and maintenance plan to maintain and improve the facilities in their existing layout and configuration Task 2: Develop a comprehensive Master Plan for long-term renovation/re-build. The schedule for the RFP distribution and consultant selection is as follows: RFP Release to Public August 16, 2016 Response Due Date September 2, 2016 Recommendation to City Manager September 17, 2016 Recommendation to City Council October 3, 2016 The review committee for the submitted proposals is as follows: Janna Beau, Aquatic Supervisor Mary Rose Corrigan, Public Health Specialist Steve Fehsal, Parks Division Manager Dan Kroger, Recreation Division Manager Brant Schueller, Water Distribution Supervisor Alexis Steger, Senior Budget Analyst BUDGET IMPACT The estimated cost for the consultation is $30,000. This funding is available in the FY17 CIP budget line item titled F&S Pool Assessments#1022648-62716. ACTION REQUESTED We respectfully request City Council approval of the RFP for Consultant Services for the Detailed Assessment, Maintenance Plan/Recommendations and Long-Term Plan for both Sutton and Flora Pools. 2 Attachment: RFP cc: Janna Beau Mary Rose Corrigan Steve Fehsal Brant Schueller Alexis Steger 3 REQUEST FOR PROPOSAL (RFP) THE CtUB OF ISSUE DATE: August 16, 2016 CONTACT: Dan Kroger DPHONE NO: 563-589-4310 FAX NO: 563-589-4391 Masterpiece on the Mississippi EMAIL: dkroger@cityofdubuque.org SUBMIT PROPOSAL/OFFER PRIOR TO: SUBMIT TO: CLOSING DATE: September 2, 2016 See Pages 9-10 CLOSING TIME: 4:00 P.M. (local time) FAX/EMAIL NOT ACCEPTED DESCRIPTION: Flora & Sutton Outdoor Pool Facility Assessment RECEIPT OF PROPOSAL ACKNOWLEDGEMENT If you are considering a response to this RFP, please mark the box to the left, fill in the information below and return this sheet as a confirmation that you received this RFP. NO RESPONSE REPLY If you do not want to respond to this RFP at this time, please mark the box to the left, fill in the information below and return this sheet only. COMPANY NAME: DATE: MAILING ADDRESS: CITY/STATE: ZIP CODE: AUTHORIZED SIGNATURE: PRINTED NAME: TITLE OF AUTHORIZED REPRESENTATIVE: EMAIL: PHONE: 1 THE CITY OF DUB E Masterpiece on the Mississippi Request for Proposals Flora & Sutton Pool Outdoor Pool Facility Assessment Consultant Services Leisure Services Department 2200 Bunker Hill Rd Dubuque, Iowa 52001 z INTRODUCTION The City of Dubuque (The City) requires aquatic facilities that function and are in good condition to provide quality services to its customers. These facilities represent a considerable public investment. To maintain its aquatic facility assets, the City desires to retain one firm that can conduct an assessment of existing City aquatic facilities. This Request for Proposals ("RFP") defines the criteria for the selection of the most responsive Consulting Teams to provide assessment services to the City. Historically, there has been enough of an operational and capital investment to meet the minimum to keep them functionally of the pools operational. However there are significant unknowns about the current condition of underground infrastructure and the present condition of these facilities. Significant investment may be needed in the immediate future in order to maintain health and safety. This will be used for long term planning, prioritization of maintenance needs, funding and budgeting for the future. BACKGROUND The City of Dubuque owns and operates 2 outdoor municipal pools. Sutton Pool was last renovated in 1990 and is located within an industrial area at 1900 Hawthorne St. Flora Pool was renovated in 1991 and is located within a large community park at 2525 Green St. The current plans for both pools as well as updated equipment lists, water usage, and participation numbers are all located on the City of Dubuque's HTTP site at https://citvofdubuque.sharefile.com/d-sf53b603ecfe4cfe8. SCHEDULE Release Request for Proposals 08/16/2016 Deadline for Questions 08/26/2016 Proposal Due Date 09/02/2016 Short List Interviews (if necessary) 09/14/2016 Contract and Insurance Work with Choses Consultant 09/16/2016 City Council Approval of Recommended Firm 10/03/2016 Earliest Start Date 10/04/2016 Assessment Completion 11/04/2016 Potential Master Planning Spring 2017 BUDGET The project budget is as follows: Pool Assessments, report, and Master Plan Total Project (includes all services and reimbursables) $30,000 3 SCOPE OF SERVICES The City of Dubuque is requesting proposals from professional aquatic facility assessment firms to provide facility condition assessment and evaluation services. The scope of work consists of two separate but related tasks. Each task could be rewarded separately, and therefore should be addressed and estimated individually by each firm. In general, the Consultant shall: Task 1A: Determine existing conditions of City aquatic facilities by conducting on- site inspections and audits, examining records, consulting with City staff, and other tasks as required. Task 1 B: Prepare a report of findings including recommendations for a repair/replace and maintenance plan to maintain and improve the facilities in their existing layout and configuration Task 2: Develop a comprehensive Master Plan for long-term renovation/re-build. Task 1A - Full Facility Assessment: Including all site utilities, paved areas, pedestrian walkways, fencing and gates, exterior lighting and landscaping, plumbing, electrical, ADA compliance, hazardous materials, foundations and substructures, structural systems, exterior wall systems and roofing membrane systems, and a detailed lifecycle analysis indicating remaining useful life of existing infrastructure, buildings and systems for the following aquatic sites: • Flora Pool • Sutton Pool Task 1B - The consultant shall prepare a report based on the needs identified at each aquatics facility. The selected consultant shall have the ability to assess the following systems: 1) Overall condition of swimming pools 2) Swimming pool equipment and decks 3) Filtration systems, including adequacy of existing filtration, recirculation and sanitation systems —hydro calculations 4) Chemical feed systems 5) Underground plumbing 6) Swimming pool vessels and the associated structural systems 7) Determine existing conditions 8) Recommend corrective measures, including short and long term corrections, replacement needs with estimated costs and an estimated budget planned life cycle costs and obsolescence information 9) Compare existing pool vessels and their gutter, filtration, and recirculation systems, especially underground plumbing and overall enclosure with the latest Iowa Administrative Code 641-15 and ADA 4 10)Determine compliance with current codes 11)Prepare volume and hydraulic calculations, including destructive testing when necessary 12)Approximate structural life expectancy 13)Financial efficacy of renovation versus replacement, cost of renovation and/or repair 14)Adequacy of existing systems 15)Costs to upgrade to include enhancements such as slides or play features 16)Costs of Architectural/Engineering services to proceed with chosen alternatives 17)Evaluate structural systems (if as built) drawings exist 18)Analyze hazardous material storage and potential for mold or algae, source water conditions. 19)Soils testing and engineering, including preparation of a geotechnical investigation report. 20)Adequacy of existing public utilities such as sanitary sewer, storm drainage/site drainage, domestic water, natural gas, and electrical distribution. The final reports shall include detailed evaluations of the following: All Site Utilities / Paved Areas / Pedestrian Pathways / Fencing and Gates/ Exterior Lighting and Landscaping at the aquatic sites listed. Review of the infrastructure related to each building will include site utilities, paved areas, pedestrian pathways, fencing, gate, exterior lighting and landscaping. Area parking lots and roadway surfaces leading into or out of the properties will be inspected for general condition of the asphalt-paved areas. The inspections will address the adequacy of storm/water drainage provisions, and identify and comment on the remaining useful life span of the paved areas. Typical items will include cracking, stripping sub-grade failure, alligator cracking, rutting and re- striping requirements. Fencing and gates associated with the property will be specifically reviewed for egress, functionality of the gates and general condition of the fencing and gates. All exterior lighting will be reviewed for adequacy of area lighting both in the surrounding hard scape and parking facilities. Non-functional, deteriorated or broken lighting fixtures will be identified. Plumbing The intent of the plumbing inspection is to review the operational function and condition of the existing plumbing systems. Inspection will include review of the water system, sanitary and storm system, drinking fountains and plumbing fixtures. Inspection will include estimation of remaining usefulness and service life of fixtures and equipment. Electrical / Lighting The intent of this area of inspection is to address, in general, the electrical serviceability and usability of the electrical systems and equipment. This inspection will include a review of applicable raceway, bus ways, under floor raceways, conductors, cable systems, outlets, switchboards/panel boards, grounding, main panel and sub-panel and 5 general wiring conditions. Review of lighting will include general conditions of light fixtures and associated equipment, as well as general layout and illumination output. ADA Compliance The ADA review should address the presence of general access and egress provisions for staff as well as the general public. Physical entry to the aquatic facilities portion of the assessment will include door pressure testing, door width and setback provisions, and proper clearance for wheelchair access to toilets and other public access areas. lighting, signage equipment, etc. will also be reviewed for compliance to current ADA requirements. Foundations / Substructures / Structural Systems All accessible foundation walls, slab floors, concrete and masonry components will be inspected for structural cracks heaving or subsidence or other signs of significant deterioration or distress, including observation specific to adequacy of drainage provisions. Exterior Wall System All exterior building finishes will be inspected for damage or deterioration to stucco, wood siding, concrete, masonry block or brick lay-up and paint protected coated surfaces. Assessment of damage or deterioration to exterior exposed wood framed or timber supported structures such as awnings or other components will also be performed. Inspections will also include review of window and door systems. Roofing Membrane System The roofing membrane system will be visually inspected for damage or otherwise deteriorated roofing systems to include review for adequacy of drainage and flashing as well as evidence of water infiltration into the building envelope. Specific materials and components that exhibit evidence of deferred maintenance and may require replacement before what would be considered standard life expectancy will be identified. Ceiling Systems / Floor Coverings / Interior Wall and Partition Systems All inspections of the building interior will include a review of the ceiling systems, flooring systems and floor coverings and interior walls and partition systems. Ceilings and surfaces around doors, windows and roof penetrations will be inspected for evidence or signs of leakage. Ceiling lines will be inspected for structural evidence of irregular sloping or sagging associated with the structural roof support system. Floor surfaces will be reviewed for damage or above normal wear and tear. TASK 2 - MASTER PLAN Conceptual Plan 1 . Perform a needs assessment for the facility 15 to 20 years in the future based on a thorough understanding of the service area's demographics. 2. Develop a master plan for a renovation/re-build of facility(s) that is designed to satisfy the estimated demand. 6 3. The needs assessment and master plan shall be developed through meetings and coordination with City Staff, user groups, local community, and the Parks and Recreation Commission. The Consultant shall present the results of the master planning process to the Parks and Recreation Commission and the City Council. 4. Provide exhibits of the proposed facility(s) that include pool and building location, size, shape, and support spaces. Include critical dimensions and areas. The purpose of the exhibits is to illustrate the functional arrangement of the spaces. 5. Identify any existing elements that can be incorporated into the new facility(s). If projected demand cannot be met incorporating any existing elements, then assume a complete demolition and reconstruction of the facility(s). 6. Identify any elements of the proposed facility(s) that will trigger the need for an Environmental Impact Report. Identify potential required mitigations including traffic mitigations and parking improvements. Cost Analysis 1 . Prepare an estimate of construction costs for the new master plan facility(s). The City will use the estimate for budgeting purposes if the City moves forward with the eventual replacement of the facility. 2. Cost estimates shall be based on recent project bid figures from similar projects and national estimating guides using local cost adjustment factors. 3. Perform a financial impact study that estimates the master planned facility's operational costs and projected revenues. 4. Provide a comprehensive bound Master Plan Report that includes the findings from the above tasks. Include a written narrative describing the inadequacy of the existing facilities and a description of how the proposed facility(s) remedies those inadequacies. SUBMITTAL CONTENT Submittals shall be limited to 20 pages and should address all aspects of the required work discussed in this RFP, including any cost information which should be included in the submittal and clearly titled "Project Cost Estimate". Proposals are to contain a statement indicating the period during which the proposal will remain valid. A period of not less than sixty (60) calendar days from the proposal closing date is required. The proposal should be prepared simply and economically, providing a straight-forward, concise description of the consultant's capabilities to satisfy the requirements of the RFP. To simplify the review process and to obtain the maximum degree of comparability, the proposal shall include the following information and shall be organized in the manner specified below. While additional data may be presented, the following subjects must be included and represent the criteria against which the proposal will be evaluated. Cover Sheet: The Consultant shall complete and sign Attachment A. 7 Cover Letter: The Consultant shall include a cover letter, signed in blue ink by an official authorized to bind the company. The letter shall contain the name, title, address and phone number of the person(s) authorized to contractually bind the company and negotiate any changes in scope of work or fees. Project Approach: The Consultant shall include a summary of its anticipated approach for the project. The summary should give City staff a general idea of what existing facilities will need to be inspected prior to beginning design and what information the City will need to provide to assist with the design. If additional meetings or site visits, other than those described in this RFP, are anticipated, please include those as well. Project Team's Capabilities: This section should demonstrate the project team's capabilities for the anticipated work as described in the Scope of Services. This relates to the project team's resources, experience, references and expectations of the project's challenges. Consultants must demonstrate recent experience (within the past three years) with outdoor aquatic assessments and master plans that have been constructed and currently exist. Project Team's Organization: This section relates to the key personnel and contact person that will manage the project. The "Principal in Charge" should be listed as the one contact person for the project. The "Principal in Charge" shall remain the point of contact for the project's duration. If the firm has an office in Dubuque, as well as an office outside of the City limits, the staffing of the Dubuque office must be listed separately from the firm's total staffing. Certificate of Insurance: The selected firm will be required to meet the City's insurance requirements for professional services. Insurance Schedule C - Appendix C. Sustainable Dubuque Initiatives: In 2006, the Mayor and City Council identified Sustainability and Green City designation as a top priority. Since then, the city has been working on numerous projects to help implement this priority as listed on the website http://www.sustainabledubuque.org. The selected firm shall follow the Vision Statement and twelve sustainable principles on this City of Dubuque project. Federal Consent Decree: All potential contractors and consultants to the City of Dubuque (City) that perform work that may apply to or impact the cities sanitary sewer collection system shall sign the "Certification by contractor or consultant" Consent Decree http://www.cityofdubuque.org/DocumentView.aspx?DID=3173 or a hardcopy can be provided upon request. You are required to review the Consent Decree and comply fully with its terms and conditions. Ability to Accomplish the Work: This section relates to the company's ability to complete the project in a timely manner. A proposed design schedule should be included for the City's review. Proposals should assume contract agreements would be signed and work on the project could commence on October 4, 2016. 8 Fee Proposal and Rate Sheet: The Fee Proposal should be developed from the Scope of Services and account for each task listed. The Rate Sheet should list the various positions and services offered by the project team and include standard mark-up rates for the use of sub consultants and allowable reimbursable. The Rate Sheet would apply to any services to be provided on a time and materials basis such as support or any additional services requested by the City. The City of Dubuque is not liable for any cost incurred by any Consultant prior to the execution of an agreement or contract. Nor shall the City of Dubuque be liable for any costs incurred by the firms in responding to this Request for Proposal and those not specified in any contract. All results from this project will remain the property of the City of Dubuque. PROPOSAL SUBMITTALS Three (3) copies of the Proposal, one (1) electronic copy, along with one (1) fee proposal submitted in a separate sealed envelope, must be received by 4:00 p.m., September 2, 2016. Emailed, faxed, or late submittals will not be accepted. Any proposals received after the submittal deadline will not be considered, and will be returned unopened to the Proposer. The City of Dubuque will not be responsible for any loss or delay with respect to delivery of the proposals nor any costs incurred by the consultant prior to the execution of an agreement or contract. The City reserves the right to reject any and all proposals and negotiate changes with any consultant. Submit Proposal and Fee Proposal to: City of Dubuque - Leisure Services Department Flora & Sutton Pool Assessment Consultation Attn: Dan Kroger, Recreation Division Manager 2200 Bunker Hill Road Dubuque, Iowa 52001 NOTE: The fee proposal shall be submitted in a separate sealed envelope; the front of the envelope shall be labeled with the Project Name, Consultant's Name, and the words "Sealed Proposal." SELECTION CRITERIA The objective is to select the consultant most qualified to provide the services outlined in this RFP. While the cost is a key consideration the City reserves the right to choose the best proposal, which may not be based on price. Evaluations will be based on the criteria listed below. The proposal review committee consists of representatives of the Leisure Services, Water, Budget, and Health Departments. Responsiveness, Quality, and Completeness of Proposal 9 • Everything is included that was required by the RFP. • Proposal schedule to complete project. • Ability to successfully complete the scope of services on time and within budget. • The quality of written material (and presentation if needed), relevant experience, and overall organization. Experience/Qualifications • Qualifications and experience of principle consulting staff or project team developing, managing, and completing projects of similar size communities and/or similar facilities and number of facilities. • Technical competence of the consultant (team) related to the Scope of Services requested including but not limited to ADAAG, Federal PROWAG, MUTCD, Title 24, ADA Title II and III Federal and State of Iowa current accessibility requirements. • Project manager's expertise, experience, and unique qualifications especially in performing similar services. • Qualifications and experience of sub-consultants (if proposed) on similar projects. • References from other organizations for which the consultant had provided comparable service. • Experience working with municipalities and City staff. • Ability of Consultant to demonstrate the project in clear terms that articulate in non-technical terms the issues at hand. • Description of the methodology used to complete the Scope of Work as detailed in this RFP. • Consultant proposed revisions and/or changes to the scope of services that would better serve the community. The evaluation committee will review and rank the submittals based on the above criteria. If needed, interviews will be held on September 14, 2016. Based on the submittals, possible interviews, and fee proposal, a consultant will be recommended to the City Manager and/or City Council for a contract award. Should the City of Dubuque and the selected Consultant be unable to agree on contract terms, the award of the contract will be offered to the second-ranking project team, and so forth as necessary. For any questions or additional information regarding this proposal please email: Dan Kroger Recreation Division Manager E-mail: dkrogerO-cityofdubugue.org 10 11 Insurance Schedule C 1. shall If 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. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Project# or Lease of premises at or construction of 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. 9. Whenever an ISO form is referenced the current edition of the form must be used. 12 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 an endorsement that deletes any fellow employee exclusion. f) 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. B) AUTOMOBILE LIABILITY $1,000,000 (Combined Single Limit) C) WORKERS'COMPENSATION & EMPLOYERS LIABILITY Statutory benefits covering all employees injured on thejob by accident or disease as prescribed by Iowa Code Chapter 85 as amended. Coverage A Statutory—State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee-Disease $100,000 Policy Limit-Disease $500,000 Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque. Coverage B limits shall be greater if required by Umbrella Carrier. D) UMBRELLA LIABILITY $1,000,000 Umbrella liability coverage must be at least following form with the underlying policies included herein. E) PROFESSIONAL LIABILITY $ 13 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 14