REQUEST FOR PROPOSAL (RFP) CONSULTANT SERVICES FOR FIVE FLAGS CIVIC CENTER ASSESSMENT AND STUDY

Transcription

1 CITY OF DUBUQUE, IOWA Leisure Services Department 2200 Bunker Hill Road Dubuque, IA Phone: 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, 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, 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 Any questions regarding the project or this RFP should be directed to Marie L. Ware, Leisure Services Manager, at and/or mware@cityofdubuque.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 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

2 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 The City Council s Goals and Priorities are available online at 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 In 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 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 The Opera House was a thriving operation until 1893, when it again changed names and became the Main Street Opera House. In 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 A few months later, the theater was leased to the Western Vaudeville Association of Chicago. A fire destroyed the 53-year-old structure in April 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 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

3 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, 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 eightperson 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 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 ( ); the Royal Flag of Spain ( ); 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

4 Additional information regarding Five Flags Civic Center technical data, the operating and capital budgets as well as the SMG Management Agreement is located at 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 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 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 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

5 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 January 9 and 10, 2017 January 17 20, 2017 February 6, 2017 RFPs due at 2:00 p.m. Phone interviews if invited In person interviews City Council approval of recommended firm 5

6 February 17, 2017 July 17, 2017 August 7, 2017 Contract and insurance work with chosen consultant Complete work product due 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

7 Understanding and discussion of challenges / issues, project management plan, work flow 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 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 subconsultants 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

8 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, 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, 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

9 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 only to Eileen Trimble at 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 at 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 ½ 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 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 or by 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

10 Insurance Schedule C APPENDIX A 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. 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 subsubconsultants. 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

11 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 Designated Location(s) General Aggregate Limit or CG 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 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

12 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 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 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 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 12