Signed Contract(s)_Master Services Agreement with ImOn Communications Copyrig hted
March 1, 2021
City of Dubuque Consent Items # 12.
City Council Meeting
ITEM TITLE: Signed Contract(s)
SUM MARY: Master Services Agreement with I mOn Communications; Multicultural
Family Center Sidewalk Replacement Project.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Master Services Agreement with I mOn
Communications Supporting Documentation
Multicultural Family Center Sidewalk Replacement Supporting Documentation
Project
MASTER SERVICES AGREEMENT
This Master Services Agreement ("Agreement") is made this day of January, 2021,
by and between ImOn Communications, LLC, an Iowa limited liability company with offices at
1013rd Ave. Suite 400,Cedar Rapids,Iawa 52404 ("ImOn") and the City of Dubuque (the "City").
ImOn and the Ciry may be referred to collectively as the "Parties," or individually as a "Party."
SECTION L SCOPE. This Agreement sets forih the terms under which ImOn will establish,
maintain and operate a Wireless Fidelity ("Wi-Fi") system (the "System") providing free Wi-Fi
services to the general public (the "Services") in and around an area of downtown Dubuque, Iowa,
mutually agreed to by the Parties (the "Territory") as described in Exhibit 1 attached to and
� incorporated by reference.
SECTION 2. TERM AND TERIYIINATION.
a. The Initial Term of this Agreement shall be two (2) years. Unless ImOn or the City
provides written notice to terminate the Agreement at least 60 days prior to the end of the Initial
Term or a Successive Term, the Agreement will automatically renew for successive one-year
periods on the same terms and conditions.
b. Either Party may terminate this Agreement for convenience upon siYty (60) days
prior written notice to the other Party.
c. If either Parry breaches any provision of this Agreement, the other Party may give
written notice of such breach. If the breach is not cured within thirty (30) days of receipt of the
notice, the non-breaching party may immediately terminate this Agreement without liability for
such termination.
d. Either Party shall have the right to terminate this Agreement immediately upon written
natice to the other Party in the event of any fraudulent activity by the other Party.
SECTION 3. PRICING. ImOn agrees to provide the Services within the Territory at no charge
to the City.
5ECTI�N 4. INDEPENDENT CONTRACTORS. The relationship created by this
Agreement sha11 be that of independent contractor and not of employer and employee or partners.
As independent contractors,the Parties shall not have, or hold themselves out as having,the power
or authority to bind or create liability for the other by their intentional or negligent acts.
SECTION 5. OWNERSHIP OF THE SYSTEM.This Agreement does not grant the City any
right, title or interest in or to the System or ImOn's underlying netwark, equipment or connecting
facilities. The City shall not have any right under this Agreement to possess, control,hold title to,
change, replace, upgrade, modify, sell or encumber the System or any ather part of ImOn's
network.
112420ba1
SECTION 6. CONFIDENTIALITY.
a. Both Parties acknowledge that each may receive Confidential or Proprietary
Information of the other Party. "Confidential or Proprietary Information" is defined as (i) all trade
secrets, materials, data and documents, in whatever form, relating to either Party which is not
generally available to the public designated as "conffdential" or "proprietary" and which has been
made available to the other and (ii) any information or materials specifically marked as
"confidential" or "proprietary" by either Parry. The obligations concerning Confidential or
Proprietary Information shall apply to verbal information as well as specific portions of the
information that are disclosed in writing or other tangible form and marked to indicate the
confidential nature thereof. Notwithstanding the foregoing, "Confidential or Proprietary
Information" does not include any infarmation which: (iii) was known to the reeeiving party prior
to receipt under this Agreement, as demonstrated by the receiving party's records; or (iv) was
pubiicly known or available prior to receipt under this Agreement, or later becomes publicly
known or available through no fault of the receiving party; or (v) has been or is disclosed,without
restrictions on disclosure, to the receiving party by a third party having the legal right to disclose
the same or to a third party by the disclosing party; or {vi) is independently developed by an
employee, consultant, or agent of the receiving parry without access to the information as received
under this Agreement; or (vii) the receiving party is obligated to produce as a result of a court or
administrative order or the opinion of the receiving party's legal counsel, provided that the
disclosing party has been given not Iess than ten(10) days written notice thereof and an opportunity
to waive its rights or to seek a protective order or other appropriate remedy, and if the disclosing
party does not waive its rights or seek a protective order or other appropriate remedy within ten
(10) days after receipt of such notice,the receiving party may make the required disclosure without
liability of any kind to the disclosing party.
b. Covenants of Confidentiality and Nondisclosure. Confidential or Proprietary
Information shall at all times remain the property of the disclosing party. Upon written request of
a disclosing party, the receiving party shall return all information disclosed in written or tangible
form, and the receiving party shall destroy all of its copies, excerpts or notes made by it which
contain any portions of the information unless otherwise provided for by the Parties. All rights and
responsibilities under this Section 6 shall survive indefinitely after termination of this Agreernent.
The Parties agree to use their commercially reasonable efforts to maintain the confidentiality of
such material, but in no event lesser than is used by the receiving parry with its own Confidential
or Proprietary Information. Except as required by this Agreement or to perform this Agreement,
both Parties will not (i) make any use of such material that is Confidential or Proprietary
Tnformation, or (ii) disclose such information to any third parry without prior written authorization
from the disclosing party.
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Each Party shall (i) Iimit dissemination of Confidential or Proprietary Information received
by it to those employees, agents and consultants whose duties reasonably justify the need for
access to such information and who are subject to obligations of secrecy, and (ii) take appropriate
measures to assure that its employees, agents and consultants who receive or have access to such
infarmation, as contemplated above, observe and comply with all of the terms and provisions of,
and each such party's obligations under, this Agreement. No other right or license to use the
information is granted under this Agreement, except as required by this Agreement or to perform
this Agreement.
c. The City agrees that ImOn's methodology, services and net�vorks are the sole and
exclusive property of ImOn and shall treat such information as Confidential and Proprietary
Information.
SECTION 7. INTELLECTUAL PROPERTY/APPROVAL OF ADVERTISING. The
City agrees that ImOn is the exclusive owner of all trademarks and trade names relating to ImOn.
ImOn agrees that the City is the exclusive owner of all trademarks and trade names relating to the
City. Either Party may use the other Party's trademarks and trade names for the purpose of
advertising and promoting any such Services contemplated by this Agreement without any prior
approval from the other Party while this Agreement remains in effect, but neither Party shall
acquire any proprietary or other rights with respect to such trade names> trademarks or other
intellectual property of the other Party.
SEGTION 8. DISCLAIMER OF WARRANTIES. IMON MAKES NO WARRANTIES
WITH RESPECT TO THE SYSTEM OR THE SERVICES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES CONCERNING THE PERFORMANCE OF THE SYSTEM
OR THE RELIABILITY, AVAILABILITY OR PERFORMANCE OF THE SERVICES. TO
THE EXTENT PERMITTED BY LAW, IMON EXPRESSLY DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR
SATISFACTORY QUALITY, NON-INFRINGEMENT, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. IMON DOES NOT AUTHORIZE ANYONE TO
MAKE A WARRANTY ON ITS BEHALF, AND THE CITY MAY NOT RELY ON ANY
STATEMENT OF WARRANTY AS A WARRANT`i'FROM IMON.
SECTION 9. LIMITATION OF LIABILITY. As to any claim of whatever nature asserted
against ImOn or the City that relates to this Agreement or to any ImOn Services pursuant to this
Agreement, both Parties agree that in no event shall either party be liable to the other Party for any
indirect,special,incidental, consequential or punitive damages (including,without limitation, Ioss of
business, loss of profits, or other commercial or economic loss, or goodwill) arising in connection
with this Agreement for any reason whatsoever, including any damages occasioned by IrnOn's
negligence. In no case sha11 either Party be held liable for any claims or cause of action (whether
based in contract, negligence, strict liabiliry, or other tort) which are the result of negligent acts or
willful misconduct of the other Party. In addition,ImOn shall not be liable for any delay or failure to
install or operate the System at any time or from time to time, or any interruption or degradation of
service quality that is caused by any reason,including without limitation:
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• an act or omission of an underlying carrier, service or content provider, vendor or
other third party;
• equipment, network or facility failure;
• equipment, network ar faciliry upgrade or modification;
• force majeure events such as acts of God, acts of nature,strikes,fire,war,riot, acts of
terrorism and government actions;
• equipment, netvvork or facility shortage;
• equipment or facility relocatian;
• service, equipment, network or facility failure caused by the loss of power;
• any act or omission by the Ciry or any person using the Services or System;
• theft,fraud or abuse of Service; or
• any other cause that is beyond ImOn's control,including without limitation, a failure
of or defect in any hardware,software or equipment.
SECTION 10. SYSTEM PERFORMANCE. All Services provided via the System are
provided on a "commercially reasonable" basis. Actual service or network performance may vary
based on a number of factors including, without limitation, (a) variances in System or network
usage, (b) the capabilities and capacities of user devices and/or local area network (LAN) devices,
(c) latency (i.e.; the time delay in transmitting or receiving packets as impacted in significant part
by the distance between points of transmission), (d) the perfarmance of the content and application
providers users are accessing,such as a search engine or video streaming sites,and (e) performance
characteristics of transmissions over portions of the Internet beyond the ImOn network. ImOn
shall provide the City with the phone nurnber{s) of the person(s) the City should contact in the
event of interruptian of the Services or other problems with the System.
SECTION 11. RESPONSIBILITIES OF IMON. ImOn's responsibilities under this
Agreement include the following:
a. Deploying, operating and maintaining the System;
b. Managing the speed, location and other features of service provided via the System;
and
c. Providing technical support to the City and to users utilizing the System.
SECTION 12. RESPONSIBILITIES OF THE CITY. The City's responsibilities under this
Agreement include the following:
a. Assisting in securing suitable locations on City-owned buildings and street lights for
the attachment and installation of System equipment and facilities at no cost to ImOn;
b. Cooperatin� with ImOn to enforce ImOn's terms and conditions of sercrices and
acceptable use policy;
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c. Promoting the co-branded City/ImOn free public Wi-Fi network in any communication
to City of Dubuque residents including,without limitation, City-distributed collateral,newsletters,
website, etc.;
d. Collaborating with ImOn Communications to support the marketing and
communications activities from ImOn informing local businesses in the Downtown Iowa City area
that ImOn is now providing the WiFi services and helping to communicate key sales features and
benefits of ImOn;
e. Pay for all production and labor installation costs for all public ICDD signage
prornoting the Services.
SECTION 13. NO THIRD PARTY SENEFICIARIES. This Agreement shall be binding
and inure solely to the benefit of the Parties, and nothing herein, e�ress or implied, is intended to
or will confer upon any other person (including any user of the System) any legal or equitable
right, benefit or remedy of any nature whatsoever.
SECTION 14. NON-SOLICITATION/NON-HIRING. While this Agreement remains in
effect and for a period of one (1) year following termination for any reason, both Parties agree not
to (a) induce, solicit or attempt to persuade any employee of the other Party to terminate his or her
employment and/or (b) hire any employee of the other Party. Notwithstanding the foregoing,
either Party may hire an employee of the other Party who applies for employment in response to a
general advertisement for employment.
SECTION 15. ASSIGNMENT. ImOn may assign any of its rights under this Agreement or
delegate any of its duties or obligations under this Agreeinent to a local third party vendor without
the prior written eonsent of the City. ImOn will notify the City of the change prior to it occurring.
SECTION 16. NOTICES. All notices under this Agreement shall be in writing and shall be
given by personal delivery, or by registered or certified mail or overnight courier, return receipt
requested, to the following address and shall be deemed given upon receipt:
ImOn Comrnunications City of Dubuque
Attn: V.P. of Corporate Development Attn: Chris Kohlmann,
101 3rd Ave., Suite 400 Information Services Manager
Cedar Rapids, Iowa 52404 City Hall Annex
1300 Main Street
Dubuque;Iowa 52001
563-589-4280 (W)
563-589-4203 (F�)
with copy to:
Ciry Attorney
City Hall
50 W. 13th St
Dubuque, IA 52001
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SECTION 17. MODIFICATION OF AGREEMENT. This Agreement, and any Schedules,
may only be amended, modified, or supplemented by a separate written document duly executed
by authorized representatives of both parties.
SECTION 18. PARTIAL INVALIDITY. If any provision of this Agreement shall be held to
be invalid or unenforceable, the validiry or enforceabiliry of the remaining provisions shall not in
any way be affected or impaired thereby, but rather this A,greement shall be construed as if not
containing the invalid or unenforceable provision. However, if such provision is an essential
element of this Agreement, the Parties shall promptly attempt to negotiate a substitute therefor.
SECTION 19. GOVERNING LAW. The laws of the State of Iowa shall gavern the
interpretation, enforcement, and validity of this Agreement, without reference to conflict of law
principles.
SECTION 20. SURVIVAL. Any obligations of the Parties relating to monies owed, as well
as any provisions of this Agreement relating to confidentiality, intellectual property, limitation of
liability, and non-solicitation shall survive any termination of this Agreement.
SECTION 21. ENTIRE AGREEMENT. This Agreement, together with any Schedules and
SOWs, represents the entire agreement of the Parties with respect to the subject matter hereof and
supersedes all other agreements, written or oral, between the Parties with respect to its subject
matter.
SECTION 22. COUNTERPARTS. This Agreement may be executed in counterparts, and
any digitized copy, PDF or facsimile, shall be deemed an original, and together shall eonstitute
one and the same instrument.
SECTION 23. INSURANCE; INDEMNIFICATION. Each Party shall indemnify, defend
and hold the other Party harmless from and against any and all property damages suffered by the
other Party including damages to the other Party's or third party equipment or facilities as well as
claims and liabilities asserted against the other Parry by third parties arising out of: (a) the actions
of the Party, its employees and agents at the other Party's sites subject to this Agreement or any
Project Statement or (b) the failure of the other Party to perform in accordance with the terms and
condi#ions of this Agreement or any Project Statement. Each Party shall indemnify, defend and
hald the other Party harmless from and against any and all damages suffered by the other Party
and claims and liabilities asserted against the other Party arising out of the negligence or intentional
miscQnduct of the Party, its employees or agents at the Party's sites subject to this Agreement or
any Project Statement
ImOn shall at all times while praviding the Services maintain insurance as set forth in the attached
Insurance Schedule.
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The assent of the Parties to this Agreement as of ihe date set forth at the beginning is established
by the following signatures of their duly authorized representatives.
CITY OF DUBUQUE IMON COMMUNIC TIONS
By: � �� Sy: ��
Print Name: _Michael Van Milligen Print Name: Bei-nard Dutchik
Title: City Mana�er Title: V. P., Corporate Development
Date: _February 16, 2021 Date: �' ' � �— ��a �
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EXHIBIT 1
COVERAGE TERRITORY
This map represents the general intention of Wi-fi coverage, outlined in red.
The actual coverage area may vary slightly based on conditions and usage
patterns_
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INSURANCE SCHEDULE
s
City of Dubuque Insurance Requirements for Generat,Artisan or€rade Contractors,
Subcantracfors ar Sub-Subcontractors
iNSURANCE SGHEDEILE F
Ciass A
Ast�stas Removal Fi�er Optics Sanitary Setirers
Asphatt Paving Fire Protec#ion Sheet Meta(
Canctete Fireproofing Site Utlities
Gonstruction iv1anagers General Contraetors Shori�g
Granes HUAC &necial construction
Culverts Mechanicel St�ei
Deckirc� Paving&Si�rfuciny Storm s2vrejs
Demoiition Piles&Caissons Structural Stee1
Becc�nstruction PlumpSng Traiis
Earth4vork Retaining VJalis TunneEing
EseCtrical Reiriforcement Water main
Efevators Roo€in�
Ctass B:
Chemical Spraying landscap�ng Rough Carpentry
Daors;Windo��v& Masonry Stum�Grinding
Glazing Vehicu(ar Sno�r Remnv�! Tank Caating
Dnrw�Jali Syst�ms Painting&'�Nal!Covering T�ee Removai
Fertilizer Applicatian Past Cuntra! Tree Trirnr-ning
Geotech Boring Scaffolding TucKpointsng
insEdation Sid2��alks Water�roofing
Finish Carpeiltry Piastering W`Eii Dri€irng
Class C:
Garpet Cieaninr� Generai Cleaning Po�^rer Washing
GarpeT&Resilient Crass CutY�ng Tile&Terrazzo�loorang
Fiooring Janitoriai VVindovr VVashing
Caulking&Sealants Non Vehic�dar Snow&
Acoustical Ceiling fee Re�nt�val
f il#er G(eaning Ofiic�Furnishings
P2ge'i of 6 Scnedu!e F,General,Artisan or Trada Contractors,SuDcontractors or Sub Subcoratrac[ors Septer�ber 2020
10
Gity o#Dubuque tnsurance Requirements for Generai,Ar#is�n or Trade Gontractars,
Subcontraetors or S�b Subcontractors
1NSURANCE�CHEDt?LE F �continu�ti�
1. ImC?n Communications,Li�C shali furnish a signed certificate o(insurance to the departmer•i
res�x�nsible for the contract for ffie coverage required in Exhib�t i�.�rior to coinmencfng work and a#
the end of fhe proyect if#he term of vrnrk is ianger±han 60�ays. Cantractors prese;�ting annua't
cerfificates shail present a certiEicate at#he end of each project v�fith Ehe final bitiing. Eacn
certif cate sha3l be F�re�ared on fhe most currar,t ACORD f�rm approv�d by the lo�.a�a Qepar#mertt
of insuranee or an equivaEenf a�sproved by the Director e�f Finance ana B�sclget ar Gesfgnee.The
cerfiF�cate must cieariy ind�cate the�roject number,project name,or pro;ect descri�tian for which
it is h�eing�rovided Eg: tv9aster Servir,�s Agreemznt dated
2. All�licies of i��surance required hereut'�der shall be vrith an i��surer auth�rizeci to do busi+�ess in
lowa an�al!insur2rs shaL have a ra#ii�g of A at better an the cutrent A M.BesYs Rating Guide
3 Each Certi#{cate req�ired snali be fumishecl to#he Finance�eparfinent of the City ofi�ubuque.
4 Faiture to proviQe the coveraaes describec�ir this Insuranee S�heGt�ie snail naF be deemed a
waiver of these requirements by the GiYy of Dubuque. Fa€iurc to obtain or mafntain the requ�reo
insurar��ce st�ali be considerec!a m�ierial breach of this cnntract.
�- Contractor shal!require ail subcorrtrac4ors anci suti-subcontractors to obtain and mai��taly d�uing
the perf�rmance of�^rork insurance for the coverages clescnt�ed ii�this Insurance Schedule and
shail obtair�certificates of�nsurance from ail such subcontractors snd sub-subccrntractors.
Car�ttac[or agrees thaY it si1a�!be iia�le for the faDure of a subconTractot and sub-subcontractor ta
obtain and mainfain such coverage.?he Cifij may reauest a copy of such�rtificates frc�m tn�
Contractor.
6. Aii requfred endarsements to varinus pokicies shatl be attached to#he certificate of insurance.
f. VVhertever an lSfl form is referei�ced#he current edition must be�rovided-
8. Contractor shail be required io carry ine minimum coverage/limit,er greater if required by law or
other 4egai agreement, in Exhibit i-Insurance Schedule F_1f the�ntractor s!imitc of liability are
higher than the required minimum Iimit,the�r thE contractor's limits shall be this agreement`s
required limi2a.
9. ContraCtor shali k�e responsible for dedt�atibies and setf-�r15t�red retention for payment of aN�lscy
premiums and other cost associate�evith the insu,ance poifciss required below.
4D. AIt certificates ef€^surance must inciude agents name;phoi�e number,antl emaii address.
i1. Tt�e City af Qubuque reserves the right to rec�uire complete,cerkified co�ies of al(required
insurance po{iciss, ir,ofuaing endorsemants,requirad by this Schedule at arry iime.
12. The C�ty of Culauque reserves the right to modify#hese requirEments,inciuding limits;based on
changes in the risk ar o"ther speeia6 circuznstances durir;y the term of th�e contract,subject to
mu#ua!agreement of the parties.
Page 2 af 6 Schedute F,Genneral,Artisan or Trade ConVactors�Suf�contractors or Sub Subwntractors September 20�6
11
City of Dubuque t�suranee Requirements for Generai,Artisan ar Trade ContracioFs,
SubcontracYors or Sub Subcontr�ctars
INSURANGE SCHEDt7LE F (cantinued}
EXHfBkT 1
A} COMMERC{RtL GENERAI LIABItiTY
Gensral Aggregate L+rztit S2,OU�.00�
Products-Gom�istec�Operations Aggregate Lim�t S2.On0,4Q0
Persanal a�d tldvertising Injury Limit S1,tlCld,DJO
Eaeh Occurser.ce S1.006;OOfr
�ire Uamage Limit(any ane occurrence) S�C1 0�0
Medioai Payments Sb,0�0
1} Coverage shaN b�E�ritten on an occurrence:not ciafms made,fUrm The c�er}eral
liabiiity cowerage shall be�rtritten ir accord w+ih 4�0 foran CG�0 09 oe husiness
o�rn2rs form BP UO 02. AI1 d2via?�ar�s frorn the staaclard ISC3�snmercia4 generat
liabiiffy form GG 00 01 or business ob�ners form BP o0 0`'sh�i�be cieariy
identi€ied.
2} Inclucl�ISQ entlorsemer�"t fie�r�n CG 2��J�'�7�4ic�nate<!��cation(s}Gene:al
Aagregate Limit' or GG 25�J3'�es�qnated Gonstruction Froject{si Ge�2rel
��regat2 Limit-as ap�arapriaie_
3} Inciude endorsement indicatirr�that coverage is prima�f and non-contribufory.
=1} {nelude Preservation of Governrrsental Immunities�ndorsemeni. {�ample
attached).
5) inclucle aciditional insured endarsemer�t for
The Gity of Dubuque,induding aIl its eleoted and appoPnted of(iciais:ail iYs
empicyees aricl voiu��teers:aii its bo�rds.commissions andJor authc�rities ar3d
#r,eir board members.employees and volunteers.Use!SO form CG 2a 1 D
(C7ngomg bperaE�ans}.
6} The addi±iorai insured endorsement shaii indude com�!eted aperatians u�ider
tSC7 form C�2£��7 ciur;rg Th2 project t�rm and for a peric�ct af two years aft�r the
com�letion of the project.
ly Poficy shaii incfuQa tnr`a�uer of Right to Rec�v�r from Others endors;.ment.
B) WORK�RS'COMPENS11TtON 8 EfNPLOYERS LIABlLf7Y
Sta[utory Benef�ts coverinea ai(em#�IoyEes injured Qn the�ob by accident or disease as
prescrilaed by in�va Code Chapter 85.
Goverage� 8tatutory—S?a#e af io��a
Coverage B Em�layers Liability
Each Acc+dent w1�0,000
Eaoh Empioyee-C7isease S"IOO,Ot3d
Ra;icy L+mii-disease SSdU,Q00
Folicy shall inc;�ide�faiver of RighT to Recover from Others endorsemerit.
Goverage 8(imi#s sMa1�be greater if requiced by the umt�reii�iexaess insurer.
QR
If,by�Ip��ra Coc�e Section 85.1 A:the Cuntractor is rrot req�kired to piachase Workers
��ni;3ensatiun Insurance.ti�e Contraa:or shall t�ave a ca��y ofi the Sate's Noneiectic�r,of
V�lorkers`Campensation or Employers Lia6ili#y Covera5�form on file�rith the lorva
Rage 3 of 6 Sciiedui2 F,General,Artisan or Trade Contractars.Subcor�trac�ors or Sub Subcontradors September^�20
�2
, City of Qubuque irtsurance Requirements for General,Artisan or 7rade Con#ractors,
Subcanhacfars or Suh Subcontractors
INSURANCE SGHE€}EJLE � (continued}
Workers Compensation Insurance Gomrrissi�ner as required by Iovea Cade Sectior�
87._2_ Campfeted form must be attached.
C) AUTONiOBiGE LIABILITY
ComUine�3 Sinc�Ie limit 51,��O;OC�Q
C�verage shaff include ai!o�vned;r�on-owned,and hi��7 vehicles. If ifie Contract�r s
busine:s does not o+r✓n arxy vehicies,coverage is required on non-o�vned aixd hlred
vehic�es
1) Po�icy shal(include Waiver o€Right to Recov�r firom Gthers endorsement.
D} UMBRELLRlEXGESS UABILITY
The General Liability;A��acnobile LiaE�dity and 1,Norkers Compensatiun InsEkrance
reau�remen!s may L�e satisfied with a eombination of priman/and Umbrelfa or Excess
�Wiabifity Insuranee. (f the Umbreila or Excess Insurance policy does siot follo�r�fhe iorm of
Ehe�arimary�olicies.it shali inciude the same er7dorsements as required of the pnmary
�I�cies inci�ding V���iver of Subrogati�n and Priman/and Non-contrihufory in favor at the
C�tv.
�il Glass A caniracto�s tivith contract vatues in excess of S1�,ODO;QO�mu�t have
��mbrellalexoess)jabiiitv ccveragz ot S10,d00,00fl.
Ali Gfass A and Class B coniractors urith contract values behveen S�r30;0��and
510;OQ�,QDO must have umUrellalexcess liat�iliiy eoverage�i S3.4QO,OOa.
G,ii Class A ano B contracto�s v✓ith contract vaiues less than 5500,�Q0 must have
umDrellafexcess liability coveratie oi�1:040,000.
Atl Class G contractors are not required to have umbrellalexcess tiabsiity coverage.
Aii cantsactors performing earth vrork must have a minimum of S3;d00,00Q umbretia
rec,�arci(ess of the contraet valus.
E) POL�UTIQN llABItiTY
Coveragerequirea: _Yes ;( IVo
R�llutron liability coverage sha11 b2 requireci if prc�}ect=,nvol+�es any�bilutaori ex�osure far
t�22drd0U5 4F'COntdmi�Sd#2d t11di2fi31S inClUdiCic.�,bUt r4t Ilt7tited TO,th8 retl'70va1 of I�uC},
asLestos;or PGB`s.Poilut�oi�product and camplete operatians coverage shail also be
covered.
Each Occurrence S2,0t�4;dJQ
Policy Aggregate S�,O�JO,D�JO
1} Po(scy to mciucle jab site and transportation coverage.
Pd�e 4 of 6 Schedule F,GeaeraE,Ari:san or Tracle Gontractors,Subcontraciors or Sub�ubcontractars September 2020
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CiYy oP Dubuque Insurance 12equirQments for Generai,Artisan ar 7rade Cantractors,
Subcontractors ar Sub Subcc�nYractors
INSURANCE SCHEQtlLE F �Con#inU�d�
2} fr�clude additionai insured for
The City of Duk�u��e;ir�cluC3inc�al!it�elected anci e�r.�intec�oEfici�is,alI rts
em�ifoyees and volunfeers,aii[ts boards.commissians and/or authorities and
iheir board members,employees and�roluntezrs.llse iS0 form CG 2Q 1 Q.
(Ongoing operatlons)or its equivalent anci�U'2d 3i(ccmpleted operations)
or its equivalent.
3) lnelude Presen.�atior of Governmental ImmuniEies Endorsement.
4) Pravide ev�c!ence af c�uerage for 5 years after cam�i�tion of project.
F) RAtLftOAD PROTECTtVE LIA81LtTY
Coverage required: �Yes X No
An°f conhac#for construction or dematitlon wprk on or vlithin�ifty FBet(��J`1 from the edge
of the tracks of a railroad and affecting any eailraad bridge,tresila.,�racks,roadbeds,
,ur�r.�l,uncierpass.or crassir.g.for vahich an easement,licsnse or inciemnification oP the
raiUoad is required,sha�l require e4•idenve af the folto�,virg a�ditionai coverages.
Railroad i�rptecfive Liabilily-
S each occurrenae(per limits required�y Raiiroad)
S policy aggregata{per Nmits required by Raiiroada
OR
An endo;sement to the Commerciai Generai Liabifity policy equai to�SQ C�24 i 7
(C�ntractuai!iability-Railroads}. A cr,�y of this endorserr�ent shall be attached ta the
certificate of insurance-
Page 5 of 6 Scheduie F.General,Artisan or Trade Contractors,Subcontractors or Sub Sul�contractors 5eptember?D2Q
14
Cityaf Dubuque tnsurance Requirements for Generai,Artisan or Trade Cnntractors,
Subcontractars or Sub Subcontractors
PRESERVATfON C}F GaVERNMEfVTAL IMMUNITlES ENDQRSEMENT
i. NonyJaiver of Governmeniai imr;iurritv-The i��surer expressly at�rees and states#hat the F�urchase
af this po(icy and the�acluding of the City of Dub�que;lowa as an Addi#iona(Insured does not waive any
of the c�efeF�ses of governmentai immur�ity available fo th2 City pf C3ubuque,lovaa under Code oP Ia�va
Section 670.4 as ii is noov ax[sts and as i#may De amended;rom time io Fime.
2. Gtaims Coveraqe.The insurer further agrees that this polccy of insurance shatl cover oniy those
ciaims not st�bject ta the defens�of gcvernmental smmunity urder the Co�te af lawa S2ction 6��0-4 as it
rosv exists and as�t may be amended from time to time.Those otaims not subjeot to Code of lo�+ra
5ection 6�t?.A shall be covered by the terms and conciificns of this insur�nce pol€cy.
3. Assertion aF Gai�esnment immunitv The City of Qubuque;It,vra shali be res{�nsibie fG�r assertlnc�
any defense of c�overnmenTai immunitjr,and may do so at any time and shaif do so upon fhe ti�nely written
requesE af the insur�r.
4. Nnn-Deniai of Coveraae.The insurer shali nqt tizny coverage under this policy and the insurer
shaPi nat deny any ofi the rights and i�er�efit�accruing to the Gity of Du�uc�i}2,lotiva under this policy for
reasans of govemmental immuni#y unless and unfi!a ccur�of comoeten�junsdiction has ruled in favor of
the ciefense(s)of govers�me�rtaf immuntty a�se�tetl by the Ciiy of Qu"a�que;Io�.va.
PJo Other Chanae in PoGcv The af�ove preservation of governmentaf immu�iities sha(I r,ot athers°rise
change or alter the caverage ava"siable under tne palicy.
�P��II��I��
(QEPARTi1AENT MANAGER: FlLL[N ALL BLANKS AND CNECK BdXES}
PdgE 6 of 6 Schedule F.Generai,Artisan ar Trade ConVactors,Svbcontractors or Sub Subcontractors Se�tember 2920
15