Request for Proposals - Consultant Services for Five Flags Center Assessment Study Copyright 2014
City of Dubuque Action Items # 3.
ITEM TITLE: Request for Proposals - Consultant Services for Five Flags
Civic Center Assessment and Study
SUMMARY: City Manager recommending approval of the release of a
Request for Proposals for consultant services for a Five
Flags Civic Center Assessment and Study.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Five Flags Study RFP-MVM Memo City Manager Memo
Five Flags Assessment& Study - Staff Memo Staff Memo
RFP 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 for Consultant Services for Five Flags Civic Center Assessment and
Study
DATE: November 28, 2016
Leisure Services Manager Marie Ware recommends City Council approval of the
release of a Request for Proposals for a consultant for a Five Flags Civic Center
Assessment and Study.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Marie L. Ware, Leisure Services Manager
THE CITY OF Dubuque
UBgkE 111 111-America Ci i
I.
Masterpiece on the Mississippi 2007-2012-2013
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: RFP Consultant Services for Five Flags Civic Center
Assessment and Study
DATE: November 28, 2016
INTRODUCTION
The purpose of this memo is to request City Council approval of the attached Request
for Proposals (RFP) to provide consultant services for a Five Flags Civic Center
Assessment and Study.
DISCUSSION
The City Council identified a Five Flags Civic Center Study as one of its six (6) high
priorities for 2016-18.
RFP Steering Committee members include:
Marie Ware, Leisure Services Manager
HR Cook, General Manager Five Flags Civic Center, SMG Regional Manager
Tyler Daugherty, Civic Center Advisory Commission
Maurice Jones, Economic Development Director
Dave Johnson, Assistant Planner
Todd Carr, Building Services Manager
Rick Dickinson, Greater Dubuque Development Corporation
The Steering Committee reviewed and approved the attached RFP.
Proposals are due December 29, 2016. The anticipated schedule is that the City will
execute a contract with the selected consultant by February 17, 2017. The assessment
and study is projected to be complete by late July, 2017.
BUDGET IMPACT
The budget approved is as follows:
CIP 350-2584 Consultant Services $ 501000.00
Total Project $ 50,000.00
1
The $50,000 budget is $20,000 of city funds and $30,000 from SMG, the management
company from Five Flags. This donation was given at the time of contract renewal.
RECOMMENDATION
I respectfully request City Council approval of the RFP for Consultant Services for a
Five Flags Civic Center Assessment and Study.
MLW:et
cc HR Cook, General Manager Five Flags Civic Center, SMG Regional Manager
Tyler Daugherty, Civic Center Advisory Commission
Maurice Jones, Economic Development Director
Dave Johnson, Assistant Planner
Todd Carr, Building Services Manager
Rick Dickinson, Greater Dubuque Development Corporation
attachment: RFP
2
bt
CITY OF DUBUQUE, IOWA
Leisure Services Department
B E 2200 Bunker Hill Road
Masterpiece on the Mississippi Dubuque, IA 52001-3010
Phone: 563-589-4264
REQUEST FOR PROPOSAL (RFP)
CONSULTANT SERVICES FOR
FIVE FLAGS CIVIC CENTER
ASSESSMENT AND STUDY
INTRODUCTION
The City of Dubuque, Iowa is soliciting requests for proposals from qualified consulting firms to
provide professional consultant services for Five Flags Civic Center Assessment and Study.
Interested and qualified firms are invited to submit a proposal to provide professional services
for the project, as noted below. Proposals prepared in response to this Request for Proposal
(RFP) are due before 2:00 p.m. on December 29, 2016. The anticipated schedule for this
project is that the City of Dubuque will execute a contract with the selected consultant by
February 17, 2017 and the project will be completed by July 17, 2017. Please review the entire
RFP for specific requirements.
The City Council identified a Five Flags Civic Center Study as one of its six (6) high priorities for
2016 -2018.
Any questions regarding the project or this RFP should be directed to Marie L. Ware,
Leisure Services Manager, at 563-589-4264 and/or email mware(aD_cityofdubugue.org 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 Mississippi River basin area creates a generally flat terrain which is complimented by a line
of bluffs that parallel the River. Dubuque was an early river town chartered in 1833 with the first
settler Julien Dubuque arriving in 1785. The geography and historic development of our river
town at times makes accessibility challenging but achievable. Dubuque is proud of its history
and has preserved and treasured many of its historic buildings, structures and areas.
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.
1
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.
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 along with downtown, neighborhood, and riverfront planning and
revitalization are long-standing priorities of the City Council. The City's web site is
www.citvofdubuque.org. The City Council's Goals and Priorities are available online at
http://www.citvofdubugue.orq/counciIgoaIs.
BACKGROUND
The story of the Five Flags Center begins when the City commenced construction on a hotel, at
the corner of Fourth and Main Street - appropriately named the City Hotel in the 1840's. In
1859, the City Hotel was redecorated and renamed the Peosta House. The name was changed
twice within the next three years - Peosta Hall and Our New Hall - before Mr. William G. Stewart
purchased the building and began converting the Hall into Dubuque's fifth major theater in 1862.
In 1864 -the facility reopened as the Athenaeum Theater. In its heyday, the Athenaeum hosted
some of America's finest legitimate theater talent. World-famous actor, Edwin Forrest,
performed there in 1870. Perhaps the most interesting performer was Kate Claxton, who
appeared on its stage in July of 1877, one of its last shows as the Athenaeum.
C.H. Eighmey and a Mr. Waller purchased, refurbished, and reopened the theater as the
Duncan-Waller Opera House in late 1877. The Opera House was a thriving operation until 1893,
when it again changed names and became the Main Street Opera House. In 1896 - Mr. Bartell
leased the building and renamed it Bartell's Dramatic and Vaudeville Theatre. Bartell's was
taken over and renamed the Coates Opera House by new management in 1903, then changed
hands in rapid succession. In 1904, Jake Rosenthal, a Dubuque theater entrepreneur, assumed
control of the theater and renamed it the Bijou.
In 1908, C.H. Eighmey and an H.B. Spensley purchased and renovated the theater and
reopened it as the New Bijou in late 1908. A few months later, the theater was leased to the
Western Vaudeville Association of Chicago. Afire destroyed the 53-year-old structure in April
1910. The existing theater was designed and built by C.W. and George L. Rapp of Chicago,
who would go on to become America's premier theater architects.
The Majestic, as it was called, is of Renaissance Revival style with French and Italian
influences. In 1920, the facility was converted into a movie house and renamed the Spensley
Theater in 1929. Four years later, it became part of the RKO film theater circuit and was
renamed the RKO Orpheum.
The Orpheum, like much of lower Main Street, lost its glitter. By 1969, the Theater was
earmarked for demolition as part of Dubuque's 12 block downtown urban renewal program.
Those opposed to the demolition believed the Orpheum was an irreplaceable treasure, and
began obtaining private donations to combine a restored theater with a new exhibition-arts
facility for an all-purpose civic center on the block bordered by Fourth, Fifth, Main, and Locust
Streets. A steering committee officially launched a fund drive in December 1971 to renovate the
Orpheum and build an adjoining arts arcade and exhibition hall. Architects were hired in July
1972 to design the facility.
2
In November, 1972, the Orpheum was placed on the National Register of Historic Places. The
theater was restored in 1975, renamed the Five Flags Theater and reopened March 13, 1976.
On August 17, 1976, a bond referendum was held for the construction of the Five Flags Civic
Center, to be attached to the existing theater. An overwhelming 70% majority voted yes.
Besides the arena, the new plan called for badly needed theater support rooms, as well as
locker rooms, storage space, and administrative offices. The complex was connected to and
designed to complement the restored theater. The new Civic Center opened its doors in 1979,
alongside the restored Theater on Fourth and Main taking up a full city block. The bond was a
$3.7 million project. In 2005, renovations were performed which included relocation of the ticket
windows to the Locust Street vestibule, reconstruction of the Locust Street entrance,
replacement of the windows on both the Locust and Main Street entrances, replacement of the
carpet and flooring on both levels of the promenade, relocation of the Gate E concession stand,
second entrance to Majestic Room, improvements to Bijou Room, painting, replace arena north
doors and renovate concession stands and cost $2,013,188.
In August 2003, an analysis of Five Flags took place to determine cost of service. An eight-
person review committee was formed to study the operation of Five Flags Center to see what
could be done to hold the line on expenses or reduce the property tax supporting that operation.
All options were to be considered, including private management. After weighing the
advantages and disadvantages, the review committee recommended private management. The
City contracted the firm, SMG, in April 2004, to privately manage Five Flags Civic Center. The
current management agreement ends June 30, 2019 and has a possible five-year extension
clause with SMG.
The 2004 Management Agreement with SMG contained a clause stating "Notwithstanding
anything to the contrary contained herein, the parties acknowledge that the Facility (Five Flags)
shall not compete for the same type of events that can be held at the Grand River Center in
Dubuque, Iowa, unless the event comes through the Grand River Center. Those events
include, but are not limited to: conferences/conventions, dinners/banquets, meetings,
receptions, and flat floor events." The Grand River Center is a conference and education center
that opened in 2003. In 2009 the Management Agreement with SMG was amended to state
"Notwithstanding anything to the contrary contained herein, the parties acknowledge that the
Facility (Five Flags) shall not compete for national political events." This allowed SMG to then
offer additional events and meetings.
From its opening the arena was an ice arena until in October 2009 the City entered into an
agreement with Dubuque Ice and Recreation Center, Inc., Dubuque Racing Association and
Battlefield Dubuque LLC to develop a stand-alone ice arena. This development agreement
included the provision that "during the Term of the Lease, City shall not operate or enter into any
agreement to operate another in door ice facility on property owned by or under the control of
City. City further agrees that during the Term of the Lease, City shall not allow any ice at Five
Flags Civic Center without DICE's written approval." DICE built a new ice arena and Five Flags
has only installed ice once since then. Much of ice infrastructure still remains.
The name was set in the 1970's. The Five Flags Civic Center incorporated the five national
flags that have flown over the geographical region since 1673: the Fleur de Lis of France (1673-
1763); the Royal Flag of Spain (1763-1803); the Union Jack of England (1780, during a brief
interruption of Spanish rule); the French Republic Flag of Napoleon (1803); and America's Stars
and Stripes (1803-Present).
3
Additional information regarding Five Flags Civic Center technical data, the operating and
capital budgets as well as the SMG Management Agreement is located at
https://citvofd u bug ue.sha refile.co m/d-sfe4fd3776ed45228.
PROJECT LOCATION
Five Flags Civic Center is located at 405 Main Street. The facility is approximately 70,306
square feet. For more information related to Five Flags see www.fiveflagscenter.com.
PROJECT SCOPE
The scope of work for the RFP is to assess the Five Flags Theater and Arena's current status
physically and programmatically and include options for the future. This would include but is not
limited to:
Phase I: Current Status Assessment
A review and assessment including but not limited to the following:
A. Overview of buildings significance to community.
B. Overview of Five Flags Theater historical significance, approaches to address needs of
structure, and recommendation of any preservation approaches necessary.
1. Known research on the history of the building and its surroundings; any historic
and architectural significance of the property.
C. Current program analysis
1. A program analysis that addresses but is not limited to programmed activities
and functions, annotated space list, performance qualities and systems
description, a statement of acoustics quality and costs of improvement needed.
D. Assessment of current patron amenities such as parking and pre-event and post-event
activities.
E. Current economic impact of Five Flags Civic Center.
F. Review of the recently adopted City of Dubuque Arts and Culture Master Plan which can
be found at https://cityofdubugue.sharefile.com/d-sfe4fd3776ed45228 and their
relationship to Five Flags Civic Center and address points relative to this study. Local
economic studies of the arts are also located at www.citvofdubuque.org/artsandculture.
G. Regional market and program analysis of existing conditions
1. Study focusing on but not limited to current trends in local and regional sports
and entertainment markets, current economic and tourism trends, competition/
threats and potential facility demand and financial projections.
Phase 2: Expansion Study and Assessment
A. Determine the appropriate size (seating capacity estimates for premium seating clubs
and suites) and components of the new arena based in part on regional market and
program study above.
B. Describe any potential ancillary development opportunities that could be proposed in
conjunction with the Civic Center.
C. Assess the potential economic impact on the City from study results for the site.
D. Estimate all infrastructure development, design and construction costs in a budget
format.
E. Identify alternative and/or complementary uses for the existing building or site.
4
Phase 3: Naming Rights and/or Sponsorships:
Study the opportunity for naming rights and/or sponsorship value and benefits available for
the buildings and make recommendations for each scenario presented below.
Phase 4: Scenario Development
The Five Flags Civic Center Assessment and Study shall develop at least five (5) scenarios
along with a discussion of the merits/ demerits of each scenario and potential associated
costs using all information obtained above:
1. Demolish Five Flags Civic Center except for the historic theater to allow for
redevelopment of site.
2. Redevelopment / leasing of Five Flags Civic Center except for historic theater for
private tenancy or ownership.
3. Renovation of current footprint of Five Flags Civic Center buildings.
4. Renovation of the existing buildings with expansion of square footage either
current or expanded footprint.
5. Relocation of existing Five Flags Civic Center to another location fitting with
current sustainability and growth plans for the City of Dubuque.
In scenario 1 and 2 determine feasibility of maintaining the Five Flags Theater as it currently
exists. Also, describe necessary upgrades to the existing theater if the Civic Center portion
of the building around it is demolished. This should include the costs of a stand-alone
theater and maintenance of the theater.
In scenario 3 and 4 a review of the existing conditions of the structures and architectural
features should be conducted. This would analyze the present conditions of the buildings
and identify problems and conditions requiring correction and their associated costs to
address. This could include functional capacities and specific deficiencies in the current
buildings. This might include conditions that inhibit the buildings ability to meet its market
potential as identified by the market analysis. A general overview of structural integrity as
well as mechanical, electrical and plumbing systems should be included in the review. A
focus on energy efficient green technologies should be addressed in scenarios 3 and 4.
Phase 5: Final Report
A. The final report should include photographs and conceptual drawings of all potential
scenarios keyed to the text of the report. The final reports shall include but is not limited
to addressing all points in the Scope of Service.
B. The final draft report will be presented by consultant at a community meeting. The
meeting will share findings and take input regarding findings. The meeting and its input
will be fully documented by consultant.
C. The final draft report will be presented by the Leisure Services Manager to the Civic
Center Advisory Commission for their recommendation to the City Council.
D. The report will be presented for final approval by the Dubuque City Council.
TIMELINE
December 29, 2016 RFPs due at 2:00 p.m.
January 9 and 10, 2017 Phone interviews if invited
January 17 —20, 2017 In person interviews
February 6, 2017 City Council approval of recommended firm
5
February 17, 2017 Contract and insurance work with chosen consultant
July 17, 2017 Complete work product due
August 7, 2017 City Council approval of work product
BUDGET
The project budget is as follows:
Total Project (includes all services and all reimbursables) $ 50,000
EVALUATION CRITERIA AND 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. While 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, Economic
Development, Planning, and Building Services Departments as well as Greater Dubuque
Economic Development, SMG —the Five Flags contracted managers and Civic Center Advisory
Commission.
Responsiveness, Quality, and Completeness of Proposal
• Everything is included that was required by the RFP
• Proposal schedule to complete the project
• Ability to successfully complete the scope of services on time and within budget
• The quality of written material and presentation, relevant experience, answers to questions,
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.
• Technical competence of the consultant (team) related to the Scope of Services requested.
• Project manager's expertise, experience, and unique qualifications especially in performing
similar services
• Qualifications and experience of any sub-consultants (if proposed) on similar projects
• References from other organizations for which the consultant has 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.
Approach
• Quality of the proposed approach to the scope of work
6
• Understanding and discussion of challenges/ issues, project management plan, workflow
and reporting.
Proposed Fees and Compensation
• Reasonability of scope of services to fees proposed
INFORMATION TO BE INCLUDED IN PROPOSAL
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, office and cell phone numbers and email address of the primary contact person.
Profile of Consultant - Provide general information about the consultant and its area(s) of
expertise in regards to this RFP, including the qualifications of the project manager and other
key personnel to be assigned to the project, previous experience and unique qualifications for
this project.
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 City.
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 projects similar to this project and contact information.
Team Members - Identify key team members that will be assigned to the project, 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.
• Technical competencies of team member(s) related to scope of work.
• 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
• Identify the teams' diversity and protected class(es)
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
• Identify similar projects that team members have worked on together with the sub-
consultants
Scope of Project Services - The proposed scope of services will describe the firm's detailed
approach to completing the project. The scope of services will 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
7
alternative or hybrid strategy recommended by the consultant. The proposed scope of services
will describe the firm's approach to completing the assessment and study.
Example of Similar Work Product —The firm is to provide an electronic web link to a
completed and approved similar work product. Scope is shared on pages 4 and 5.
Proposed Project Schedule - Completion of project outlined in the scope is July 17, 2017.
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 City's computer software and
hardware.
The proposal shall discuss the firm's ability to integrate this contract into the present workload.
References - The proposal shall include at least three references of past clients with projects
providing comparable services. These projects should have been completed within the past five
years with the same project manager, sub-consultants and/or other key personnel proposed for
this project. Full name, title, address, email and phone should be provided along with time
period of project and brief description of the Scope of Services.
Litigation - Provide litigation information, if applicable. Any past claims and/or lawsuits and
reason for the claim and/or lawsuit.
Fees and Compensation - Provide a proposed cost plus a not to exceed 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. Reimbursables are to be a not exceed
cost and a part of the total fees proposed. Provide hourly and overhead rates for personnel,
including for additional services should additional services be required. 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 and enclose in separate
envelope. Initial screening will be done without knowing the consultant's proposed fee for
services.
If the budget does not cover the scope of services requested, a recommendation on the
prioritization of items in the scope and breakdown of phases is needed.
Certificate of Insurance - The selected firm will be required to meet the insurance
requirements of Insurance Schedule C of the City upon award of contract. See Appendix A.
Insurance schedule is not required to be in force for the RFP submission.
SUBMISSION REQUIREMENTS
A signed original and seven (7) hard copies plus one (1) PDF copy on CD or flash drive of the
proposal clearly labelled FIVE FLAGS CIVIC CENTER ASSESSMENT AND STUDY in a sealed
box or envelope must be received by 2:00 p.m. CST, December 29, 2016 at the following
address:
Marie L. Ware, Leisure Services Manager
City of Dubuque Leisure Services Department
2200 Bunker Hill Road
Dubuque, IA 52001-3010
8
It is the responsibility of the respondent to inquire about any aspect of the RFP that is not
understood. Any inquiries, suggestions or requests concerning interpretation, clarification or
additional information pertaining to the RFP shall be made in writing by e-mail only to Eileen
Trimble at etrimble(cDcityofdubugue.org. All questions shall be submitted by December 23, 2016
at 5:00 p.m. All questions after the deadline will not be answered. Answers will then be posted
as an addendum to the RFP for all respondents. The issuance of written addenda will provide
the official interpretation, clarification, or additional information. If any addenda are issued to
this Request for Proposals, the Leisure Services Department will post them to the City's website
atwww.citvofdubuque.org/bids. Submitting organizations are strongly encouraged to view this
website often to see if addenda are posted. Failure of any proposer to receive such addendum
or interpretation shall not relieve such Proposer from any obligation under his proposal as
submitted.
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. All
proposals submitted must be limited to twenty-five (25) pages not including front and back
covers (optional), transmittal letter, references, and fees and compensation. Fees and
compensation must be submitted in a separate envelope.
• Presented in 8 % x 11-inch format, minimum 11 point Arial font
• All recyclable materials, no binders or binding
• In the same order as described below
• 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
• No faxed or e-mail proposals will be accepted.
Failure to provide the required mandatory information may result in a consultant not being
considered. Submitted proposals will not be returned.
Questions should be directed to Marie Ware by telephone at 563-589-4264 or by email at
mware@cityofdubuque.org.
Proposals will be reviewed by the committee. After the proposals are evaluated, the City will
determine if any of the consultants will be interviewed. 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. The City may request clarification or additional
information from a specific consultant in order to assist in the City's evaluation of a proposal.
Finally, City may require changes in the scope of services, further negotiate the proposed work
and/or method and amount of compensation, as deemed necessary by the City, before
execution of a contract.
Work products will be developed for the City as a part of the scope outlined in the RFP by
contract. Such documents and work products will remain the joint property of the Vendor and
the City. Each consultant assumes full responsibility for delivery and deposit of the completed
proposal package before the deadline. The City is not responsible for any loss or delay with
respect to delivery of the proposals. The City reserves the right to reject any and all proposals
and to negotiate changes with any consultant. The City is not liable for any cost incurred by any
consultant prior to the execution of an agreement or contract, nor shall the City be liable for any
costs incurred by the consultant that are not specified in any contract. The City of Dubuque is
an Equal Employment Opportunity Employer.
9
APPENDIX A
Insurance Schedule C
1. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa forthe
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 ACORDform 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 # Project Location 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. Consultants shall require all subconsultants and sub-subconsultants to obtain and maintain
during the performance of work insurance for the coverages described in this Insurance
Schedule and shall obtain certificates of insurances from all such subconsultants and sub-
subconsultants. Consultants agree that it shall be liable for the failure of a subconsultants and
sub-subconsultants to obtain and maintain such coverages. The City may request a copy of
such certificates from the Consultants.
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. If provider's limits of liability are higher than the
required minimum limits then the provider's limits shall be this agreement's required limits.
9. Whenever an ISO form is referenced the current edition of the form must be used.
10
Insurance Schedule C (continued)
Exhibit I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate $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. The general liability
coverage shall be written in accord with ISO form CG0001 or business owners form
BP0002. All deviations from the standard ISO commercial general liability form CG 0001,
or Business owners form BP 0002, shall be clearly identified.
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 itsemployees
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 the job 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 $1,000,000
a) Provide evidence of coverage for 5 years after completion of project.
F) CYBER LIABILITY $1,000,000
Coverage for First and Third Party liability including but not limited to lost data and restoration, loss of income
and cyber breach of information.
Yes No
11
Preservation of Governmental Immunities Endorsement
1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states
thatthe 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
subjectto 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 Cityof 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
12
Page of
>>
Kevin Firnstahl "Contact Us" inquiry from City of Dubuque website
?
From:
"Citizen Support Center" <dubuqueia@mycusthelp.net>
To:<kfirnsta@cityofdubuque.org>
Date:12/05/2016 4:00 PM
Subject:"Contact Us" inquiry from City of Dubuque website
Contact Us
Name: Gary Reid
Address: 2191 St Celia
Ward:
Phone: 5635829811
>>
Email: gwrklr@msn.com
City Department: City Council
Message: I read this morning that demolation is a possibility for Five Flags. I wrote the same suggestion in the City Council
Budget Section. Why spend the $50,000 to study Five Flags when that could be applied toward tearing it down. We do not
need two centers in Dubuque especially when we are in debt and now have to take 1.5millionfromLeisure Services to pay our
1.5 million fine. The place costs us millions a year it's time for it to go.
>
Click here to report this email as spam.
file:///C:/Users/kfirnsta/AppData/Local/Temp/XPgrpwise/58458F0BDBQ_DODBQ_PO1...12/06/2016
Page of
>>
Kevin Firnstahl "Contact Us" inquiry from City of Dubuque website
?
From:
"Citizen Support Center" <dubuqueia@mycusthelp.net>
To:<kfirnsta@cityofdubuque.org>
Date:12/06/2016 9:48 AM
Subject:"Contact Us" inquiry from City of Dubuque website
Contact Us
Name: Howard Wickler
Address:
Ward:
Phone:
Email: w9966@aol.com
City Department: City Council
Message: As I suggested in a previous email. The way to fix your problem with 5 flags is to sell it to the county for 1 dollar.
>
Then the county can remodel it for office space. This solves two problems at once. It saves you 1 million dollars a year plus
solves there problem they have been trying for years to solve office space. If some of you older Dubuquers remember they
wanted to build a city county building on that spot in the 1960's. Which in hind site they should have done. I know at first this
sounds like a crazy idea at first but the more you think about it the better it gets: I hope you will take a moment to at least
think about what I am proposing! I would be glad to talk to you about this. Thanks Howard Wickler 10191 Dixie drive
Dubuque,Iowa 52001 Phone 5635563558 email w9966@aol.com
>>>
Click here to report this email as spam.
file:///C:/Users/kfirnsta/AppData/Local/Temp/XPgrpwise/5846896FDBQ_DODBQ_PO1...12/06/2016
Page of
>>
Kevin Firnstahl Fwd: five flags
?
From:
Roy Buol <rdbuol@cityofdubuque.org>
To:CtyMgr@cityofdubuque.org, Kfirnsta@cityofdubuque.org
Date:12/09/2016 12:42 PM
Subject:Fwd: five flags
FYI
Sent from my iPad
Begin forwarded message:
From:
"Jeff Flynn" <jefff@flynncoinc.com
>
Date:
December 9, 2016 at 11:24:08 AM CST
To:
"Roy Buol" <Rdbuol@cityofdubuque.org
>
Cc:
"David Resnick" <Dresnick@cityofdubuque.org>, "Joyce Connors"
Jconnors@cityofdubuque.org>, "Jake Rios" <Jrios@cityofdubuque.org>, "Kevin Lynch"
>
Klynch@cityofdubuque.org>, "Luis Del Toro" <Ldeltoro@cityofdubuque.org>, "Ric
>
Jones" <Rjones@cityofdubuque.org
>
Subject:five flags
Mayor Buol and council members,
One thought on Five Flags would be to turn it into an aquatic center that the whole community
could use. The 3 high schools, local colleges,and swim teams that fight for time in the pool at the “
Y , as well as the public could use a venue like that. Hempstead has had issues with their pool that
“
money could be used in Five Flags instead of Hempstead. Many times during the year swim meets
could bring people to town staying at local hotels and spending money in Dubuque. I know there
will be a cost to build out that people wont like, but instead of subsidizing the current facility and
’
not really know what is happening there, this could fill a big void in Dubuque and not spend on
other venues that are ageing and needing major attention. I realize that I am not addressing the
cost and management of such a facility, but maybe a collaboration between the city, Dubuque
Community Schools and others could make something feasible instead of a losing venue that we
cant seem to fiqure the best use for the future.
’
Thank you,
Jeff flynn
Click here to report this email as spam.
file:///C:/Users/kfirnsta/AppData/Local/Temp/XPgrpwise/584AA6C3DBQ_DODBQ_PO...12/09/2016