Signed Contract(s)City of Dubuque
City Council Meeting
Consent Items # 015.
Copyrighted
September 6, 2022
ITEM TITLE: Signed Contract(s)
SUMMARY: Task Order 1 with MSA Professional Services, Inc., for the Briarwood
Subdivision Water Connection; First Amendment to Lease Agreement
with Hendricks Feed & Seed Co., INC.; HD Engineering, INC., for the
City of Dubuque Waste Diversion Project; James Orr Coating
Inspection, LLC for multiple water tank inspections; Origin Design Co.
for the Ice Harbor Flood Gate Fender Replacement; Amendment No. 1
with Strand Associates for the Water Treatment Plan and Water
Distribution System Supervisory Control and Data Acquisition System
Upgrade.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description
Type
Task Order 1 for the Briarwood Subdivision Water Supporting Documentation
Connection
First Amendment to Lease Agreement with Hendricks Supporting Documentation
Feed & Seed Co., INC.
City of Dubuque Waster Diversion Project Supporting Documentation
James Orr Coating Inspection, LLC Supporting Documentation
Origin Design Co. for the Ice Harbor Flood Gate Supporting Documentation
Fender Replacement
Amendment No. 1 to Water Treatment Plan and Water
Distribution System Supervisory Control and Data Supporting Documentation
Acquisition System Upgrade
origindesi,
August 22, 2022
John Klostermann
City of Dubuque Public Works
925 Kerper Court
Dubuque, Iowa 52001-2405
RE: Proposal for Professional Services
Ice Harbor Flood Gate Fender Replacement
Project No.: 2200605
Dear John:
We appreciate the opportunity to assist the City of Dubuque with this project to complete repairs on
the Dubuque Ice Harbor Floor Gates.
Our Proposal for Professional Services for the above -referenced project is outlined in detail below.
Project Description
The project includes replacement of the timber fenders (or bumpers) located on the river facing side of
the gates with a more durable material. The replacement extents are limited to the above -water
portions of the gate, referenced to to 9 ft river stage.
Scope of Services
The following list of services will be provided by or under the direct personal supervision of a
Professional Engineer licensed to practice in the State of Iowa.
Prepare Construction Documents
1. Review previously prepared construction documents for the project, update and modify as
required to issue to contractors for quotation.
2. Update the engineer's opinion of probable construction cost.
3. Submit updated construction documents to Owner for review and comment.
4. Revise construction documents to incorporate Owner review comments.
Quotation Solicitation and Contract Award
Prepare a Project Manual for use in obtaining competitive quotes for the project. The
manual will include the following documents:
i. Notice to bidders
ii. Substitution Request Form
iii. Bid Proposal Submittal Checklist
iv. Lump Sum Bid Proposal Form
v. Bidder Status Form
vi. Contractor Background Information (for Small Contracts)
vii. Performance, Payment and Maintenance Bond
viii. Out of State Contractor Bond
DUBUQUE OFFICE
137 Main Street, Ste. 100
Dubuque, Iowa 52001
origindesign.corn
800 556-4491
City of Dubuque Ice Harbor Flood Gate Fender Replacement
August o22, f 2022 origin."
Page 2 of 7
design
ix. Insurance Provisions and Requirements
x. Sales Tax Exemption Certificate
A. Site Condition Information
xii. Construction Schedule and Agreed Cost of Delay
xiii. Notice to Proceed
xiv. Special Provisions
2. Assist the Owner in obtaining competitive bids by:
i. Notifying interested and qualified contractors and plan rooms of the project.
ii. Providing copies of drawings, specifications and contract and bidding
documents to interested and qualified contractors.
iii. Answering questions from contractors and suppliers and issuing up to 2
addenda.
iv. Evaluating and determining acceptability of materials as may be proposed
by contractors and suppliers.
3. Assist the Owner in evaluating bids by:
i. Reviewing bids for completeness and correctness.
ii. Tabulating bids received.
iii. Investigating qualifications of contractors.
iv. Investigating the acceptability of proposed materials, suppliers, and
subcontractors.
4. Prepare and provide copies, as required, of contract documents including notice of award,
performance, payment and maintenance bond for Owner and Contractor use and
execution.
Construction Administration
1. Participate in a preconstruction meeting with Owner and Contractor(s) prior to
commencement of Work. Prepare and distribute an agenda for the meeting and prepare
and distribute minutes to the attendees.
2. Consult with and advise the Owner and act as its representative as provided for in the
construction contract general, supplemental and special conditions, as applicable. The
extent and limitations of the duties, responsibilities and authority of the Engineer shall not
be modified without the Engineer's written consent; all of the Owner's instructions to the
Contractor(s) shall be issued through the Engineer who shall have authority to act on behalf
of the Owner to the extent provided in the construction contract except as otherwise
provided in writing.
3. Review Contractor submittals, but only for conformance with the design concept of the
Project and compliance with the information given in the Contract Documents.
4. Make up to three visits to the Site at intervals appropriate to the various stages of the
Work, to observe the progress of Contractor's executed Work. Such visits and observations
by Engineer, are not intended to be exhaustive or to extend to every aspect of the Work or
to involve detailed inspections of the Work. Based on information obtained during such
visits and observations, Engineer will determine in general if the Work is proceeding in
accordance with the Construction Contract Documents. Engineer will make a report of
Engineer's visit, summarizing Engineer's general observations and any significant findings.
5. The Engineer shall determine the amount owed to the Contractor and approve, in writing,
payment to the Contractor in such amounts; such approvals of payments shall constitute a
representation to the Owner based on such observations and review, that the work has
progressed to the point indicated and that the quality of work is in accordance with the
DUBUQUE OFFICE
137 Main Street, Ste. 100
Dubuque, Iowa 52001
origindesign )m
800 556-4491
City of Dubuque Ice Harbor Flood Gate Fender Replacement
August o22, f 2022 origin
Page 3 of 7
design'
Contract Documents; subject to an evaluation of the work as a functioning project upon
substantial completion, to the results of any subsequent tests called for in the Contract
Documents, to minor deviations from the contract documents correctable prior to
completion and to any qualifications stated in his approval. By approving an application
for payment, the Engineer shall not be deemed to have represented that he has made any
examination to determine how or for what purposes any contractor has used the moneys
paid on account of the Contract Price.
6. Conduct a final inspection to determine if the project has been completed in accordance
with the Contract Documents and if the Contractor(s) has fulfilled all of his obligations
thereunder so that the Engineer may approve, in writing, final payment to the Contractor(s).
7. Prepare contract closeout documents and distribute to the appropriate parties in the
appropriate order.
Compensation
Origin Design proposes to complete the Scope of Professional Services as follows:
Prepare Construction Documents. For a Lump sum fee of $3,500.00 (Three thousand five
hundred dollars and zero cents).
Quotation Solicitation and Contract Award. For a Lump sum fee of $2,7S0.00 (Two thousand
seven hundred fifty dollars and zero cents).
Construction Administration. Shall be performed at our standard hourly rates with an
estimated fee of $3,200.00 (Three thousand two hundred dollars and zero cents).
General Terms and Conditions
The attached General Terms and Conditions are a part of this Proposal. This proposal is valid for 30
days from the date it was issued. If the services and fees defined in this proposal are acceptable,
please return one signed copy to our office. If you have any questions, or require further assistance,
please feel free to contact me at lauren.ray@origindesign.com or our office at 563 556-2464.
Thank you for the opportunity to submit this Proposal for Professional Services.
Let's work on tomorrow. Together.
Sincerely,
Origin Design Co.
Lauren Ray, PE, SE
VP & Field Services Team Leader
DUBUQUE OFFICE
137 Main Street, Ste. 100
Dubuque, Iowa 52001
Pat Ready, PE
President & CEO
origindesign
800 556-4491
City of Dubuque Ice Harbor Flood Gate Fender Replacement
August 22, 2022 origin
Page 4 of 7
design`
I hereby accept this Proposal and General Terms and Conditions and authorize this work.
FOR: City of Dubuque Public Works
/�IAJW� k�. '14"
Auth rized Signature
Michael Van Milligen
Typed or Printed Name
DUBUQUE OFFICE
137 Main Street, Ste. 100
Dubuque, Iowa 52001
08/23/2022
Date
origindesign.com
800 556-4491
City of Dubuque Ice Harbor Flood Gate Fender Replacement
August o22, f 2022 origin
Page 5 of 7
design'
General Terms and Conditions
The following General Terms and Conditions shall apply to the attached Agreement for Professional
Services between Origin Design Co., herein referred to as the Consultant, and the Client identified in
the attached Agreement.
The Client shall provide all criteria and full information with regard to his or her requirements for the
Project, and shall designate a person to act with authority on his or her behalf with respect to all
aspects of the Project. This shall include, but not be limited to, review and approval of design issues in
the schematic design phase, design development phase, and contract documents phase. These
approvals shall include an authorization to proceed to the next phase.
Services beyond those outlined in the proposal may be required or be required as a result of
unforeseen circumstances. The Consultant under terms mutually agreed upon by the Client and the
Consultant may provide these services.
For the scope of services agreed upon, the Client agrees to pay the Consultant the compensation as
stated. Invoices for the Consultant's services shall be submitted, at the Consultant's option, either
upon completion of any phase of service or on a monthly basis. Invoices shall be payable when
rendered and shall be considered past due if not paid within 30 days after the invoice date. A service
charge will be charged at the rate of 1.5% (18% true annual rate) per month or the maximum allowed by
law on the then outstanding balance of Past Due accounts. In the event any portion of an account
remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable
attorney's fees.
The Consultant shall secure and endeavor to maintain professional liability insurance, commercial
general liability insurance, and automobile liability insurance to protect the Consultant from claims for
negligence, bodily injury, death, or property damage which may arise out of the performance of the
Consultant's services under this Agreement, and from claims under the Worker's Compensation Acts.
The Consultant shall, if requested in writing, issue a certificate confirming such insurance to the Client.
The Client and the Consultant each agree to indemnify and hold the other harmless, and their
respective officers, employees, agents, and representatives, from and against any and all claims,
damages, losses and expenses (including reasonable attorney's fees) to the extent such claims,
losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or
omissions. In the event claims, losses, damages or expenses are caused by the joint or concurrent
negligence of Client and Consultant, they shall be borne by each party in proportion to its negligence.
In recognition of the relative risks, rewards and benefits of the Project to both the Client and the
Consultant, the risks have been allocated such that the Client agrees that, to the fullest extent
permitted by the law, the Consultant's total liability to the Client for any and all injuries, claims, losses,
expenses, damages or claim expenses rising out of this Agreement, from any cause or causes, shall
not exceed the amount of the Consultant's fee or other amount agreed upon. Such causes include,
but are not limited to, the Consultant's negligence, errors, omissions, strict liability, breach of contract
or breach of warranty.
DUBUQUE OFFICE
Origindesign m
137 Main Street, Ste. 100
Dubuque, Iowa 52001 800 556-4491
City of Dubuque Ice Harbor Flood Gate Fender Replacement
August o22, f 2022 origin."
Page 6 of 7
design
Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in
the performance of its obligations results from any cause beyond its reasonable control and without
its negligence.
The Client and Consultant agree that they shall first submit any and all unsettled claims,
counterclaims, disputes, and other matters in question between them arising out of or relating to this
Agreement to mediation in accordance with the Construction Industry Mediation Rules of the
American Arbitration Association effective as of the date of this agreement.
All documents including calculations, computer files, drawings, and specifications prepared by the
Consultant pursuant to this Agreement are instruments of professional service intended for the one
time use in construction of this project. They are and shall remain the property of the Consultant. Any
re -use without written approval or adaptation by the Consultant shall be at the Client's sole risk and
the Client agrees to indemnify and hold the Consultant harmless from all claims, damages, and
expenses, including attorney's fees, arising out of such reuse of documents by the Client and by
others acting through the Client.
Copies of documents that may be relied upon by the Client are limited to the printed copies (also
known as hard copies) that are signed or sealed by the Consultant. Files in electronic media format or
text, data, graphic, or of other types that are furnished by the Consultant to the Client are only for
convenience of the Client. Any conclusion or information obtained or derived from such electronic files
will be at the user's sole risk. When transferring documents in electronic media format, the Consultant
makes no representations as to long-term compatibility, usability, or readability of documents
resulting from the use of software application packages, operating systems, or computer hardware
differing from those used by the Consultant at the beginning of this project.
The delivery of electronic information to Contractors is for the benefit of the Owner for whom the
design services have been performed. Nothing in the transfer should be construed to provide any
right of the Contractor to rely on the information provided or that the use of the electronic information
implies the review and approval by the Design Professional of the information. Electronic information
is drawings, data, modeled data, or computational models. It is our professional opinion that this
electronic information provides design information current as of the date of its release. Any use of this
information is at the sole risk and liability of the user who is also responsible for updating the
information to reflect any changes in the design following the preparation date of this information.
The transfer of electronic information is subject to the approval of the Design Professional. Depending
upon the type of information requested, and the format, a fee may be required for acquisition of the
data, payable to the Design Professional. Contractors are required to submit a request in writing to
the Design Professional indicating the type and format of the information requested. The Design
Professional will make a reasonable effort to determine whether or not the information can be
provided as requested, and the fee for providing the information.
If this Agreement provides for any construction phase services by the Consultant, it is understood that
the Contractor, not the Consultant, its agents, employees, or sub -consultants, is responsible for the
construction of the project, and that the Consultant is not responsible for the acts or omissions of any
contractor, subcontractor, or material supplier; for safety precautions, programs, or enforcement; or
for construction means, methods, techniques, sequences, and procedures employed by the
Contractor.
DUBUQUE OFFICE
origindesign )m
137 Main Street, Ste. 100
Dubuque, Iowa 52001 800 556-4491
City of Dubuque Ice Harbor Flood Gate Fender Replacement
August o22, f 2022 origin,Page 7 of 7design
When included in the Consultant's scope of services, opinions of probable construction cost are
prepared on the basis of the Consultant's experience and qualifications and represent the
Consultant's judgment as a professional generally familiar with the industry. However, since the
Consultant has no control over the cost of labor, materials, equipment, or services furnished by others;
over contractor's methods of determining prices, or over competitive bidding or market conditions, the
Consultant cannot and does not guarantee that proposals, bids, or actual construction cost will not
vary from the Consultant's opinions of probable construction cost.
The Client and the Consultant each binds himself or herself, partners, successors, executors,
administrators, assigns, and legal representative to the other party of this Agreement and to the
partners, successors, executors, administrators, assigns, and legal representative of such other party
in respect to all covenants, agreements, and obligations of this Agreement.
Neither the Client nor the Consultant shall assign, sublet or transfer any rights under or interest in
(including but without limitations, monies that may be due or monies that are due) this Agreement,
without the written consent of the other, except as stated in the paragraph above, and except to the
extent that the effect of this limitation may be restricted by law. Unless specifically stated to the
contrary in any written consent to an assignment, no assignment will release or discharge the assigner
from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall
prevent the Consultant from employing such independent consultants, associates, and sub-
contractors, as he or she may deem appropriate to assist in the performance of services hereunder.
It is acknowledged by both parties that the Consultant's scope of services does not include any
services related to the presence at the site of asbestos, PCBs, petroleum, hazardous waste, or
radioactive materials. The Client acknowledges that the Consultant is performing professional
services for the Client and the Consultant is not and shall not be required to become an "arranger",
"operator", "generator", or "transporter" of hazardous substances, as defined in the Comprehensive
Environmental Response, Compensation, and Liability Act of 1990 (CERCLA).
The Client may terminate this Agreement with seven days (7) prior written notice to the Consultant for
convenience or cause. The Consultant may terminate this Agreement for cause with seven (7) days
prior written notice to the Client. The Client is obligated to pay for all services rendered up to the date
the Consultant receives the written notice of intent to terminate. Failure of the Client to make
payments when due shall be cause for suspension of services or ultimately termination, unless and
until the Consultant has been paid in all full amounts due for services, expenses, and other related
charges.
This Agreement supersedes all terms and conditions contained on a purchase order typically
procuring products. It is understood by both parties upon execution of this agreement that if a
purchase order is issued, it is for accounting purposes only. Purchase order terms and conditions are
void and are not a part of our agreement.
DUBUQUE OFFICE
137 Hain Street, Ste. 100
Dubuque, Iowa 52001
origindesign
800 556-4491
Strand Associates, Inc.°
910 West Wingra Drive
Madison, WI 53715
- (P) 608.251.4843
STRAND www.strand.com
ASSOCIATES®
Excellence in Engineering
Since 1946
Amendment No. 1 to Task Order No. 22-03
City of Dubuque, Iowa (OWNER)
and Strand Associates, Inc.® (ENGINEER)
Pursuant to Agreement for Technical Services dated June 9, 2016
This is Amendment No. 1 to the referenced Task Order.
Project Name: Water Treatment Plant (WTP) and Water Distribution System Supervisory Control and
Data Acquisition (SCADA) System Upgrade
Under Scope of Services,
Design Services, ADD the following:
647. Prepare and submit, upon authorization from OWNER, an Intended Use Plan Application
seeking design and construction funds for the SCADA project.
8. Prepare and submit, upon authorization from OWNER, a Preliminary Engineering Report to the
Iowa Department of Natural Resources (IDNR).
9. Assist OWNER with preparing Iowa Finance Authority (IFA) documents, as needed, for an Iowa
State Revolving Fund (SRF) Loan.
10. Maintain Professional Liability, Cyber Liability/Breach, and Umbrella/Excess coverage as
required by OWNER Insurance Schedule G dated September 2020."
Construction -Related Services, ADD the following:
648. Prepare pay requests for OWNER in accordance with IFA standards.
9. Prepare and submit change orders to the IDNR for Iowa SRF loan modifications, as needed.
10. Prepare and submit project/loan closeout documents to the IDNR, as needed."
Under Compensation, CHANGE $98,700 to "$112,800."
Under Schedule, CHANGE June 30, 2023, to "June 30, 2024."
TASK ORDER AMENDMENT AUTHORIZATION AND ACCEPTANCE:
ENGINEER:
STRAND ASSOCIATES, INC.®
-Z2
Jo,Oh A. Bunker D e
Corporate Secretary
OWNER:
CITY OF DUBUQUE
A� k�4 08/25/2022
ichael C. Van Mil igen Date
City Manager
1SC:ppp\R:\MAD\Dmuments\Agreements\D\Dubuque, City of (IA)\TSA.201 GCr0\2022\Amd\I 154 084.22-03. Ldocx
Arizona I Illinois I Indiana I Iowa I Kentucky I Ohio I Tennessee I Texas I Wisconsin
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
INSURANCE SCHEDULE G
shall furnish a signed certificate of insurance to the City of Dubuque, Iowa
for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall
be prepared on the most current ACORD form approved by the Iowa Insurance Division or an
equivalent. Each certificate shall include a statement under Description of Operations as to why
the certificate was issued. Eg: Project # or purchase agreement
All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers 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 Finance Department of the City of Dubuque.
4. The service provider shall be required to carry the minimum coverage/limits, or greater if required
by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage
shall not be deemed a waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of this
agreement.
6. All required endorsements shall be attached to certificate.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless
an equivalent form is approved by the Director of Finance and Budget. The service provider must
identify or list in writing all deviations and exclusions from the ISO form.
If vendor's limits of liability are higher than the required minimum limits then the vendor's limits
shall be this agreement's required limits.
Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain during the
performance of work insurance for the coverages described in this Insurance Schedule and shall
obtain certificates of insurance from all such subcontractors and sub -subcontractors. Vendor
agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and
maintain such coverage. The City may request a copy of such certificates from the Vendor.
10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy
premiums and other costs associated with the insurance policies required below.
11. All certificates of insurance must include agents name, phone number, and email address.
12. The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by this Schedule at any time.
13. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances during the term of the agreement, subject to
mutual agreement of the parties.
Page 1 of 4 Schedule G Vendors September 2020
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
INSURANCE SCHEDULE G (COntinUed)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG 00 01, or Business owners form BP 00 02, shall be clearly
identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General
Aggregate Limit."
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement (Sample
attached).
5) 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 20 10
(Ongoing operations) or its equivalent.
6) Policy shall include Waiver of Right to Recover from Others endorsement.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
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 Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
M
If, by Iowa Code Section 85.1A, the Vendor is not required to purchase Workers'
Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of
Workers' Compensation or Employers' Liability Coverage form on file with the Iowa
Workers' Compensation Insurance Commissioner, as required by Iowa Code Section
87.22. Completed form must be attached.
Page 2 of 4 Schedule G Vendors September 2020
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
INSURANCE SCHEDULE G (continued)
C) POLLUTION LIABILITY
Coverage required: — Yes ^ No
Pollution liability coverage shall be required if the lessee, contracting party, or permittee
has any pollution exposure for abatement of hazardous or contaminated materials
including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs.
Pollution product and completed operations coverage shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured 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 20 10.
(Ongoing operations) or its equivalent and CG 20 37(competed operations).
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
D) PROFESSIONAL LIABILITY $1,000,000
Coverage required: _ Yes _ No
If the required policy provides claims -made coverage:
1) The Retroactive Date must be shown and must be before the date of the
agreement.
2) Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the work or services.
3) If coverage is canceled or non -renewed and not replaced with another clairns-
made policy form with a Retroactive Date prior to the date of the agreement, the
contractor must provide "extended reporting" coverage for a minimum of five (5)
years after completion of the work or services.
E) CYBER LIABILITY/BREACH $1,000,000
Coverage required: _ Yes i No
Coverage for First and Third Party liability including but not limited to lost data and
restoration, loss of income and cyber breach of information.
F) UMBRELLA/EXCESS $1,000,000
Coverage required: _ Yes ^ No
The General Liability, Automobile Liability and Workers Compensation Insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of
the primary policies, it shall include the same endorsements as required of the primary
policies including Waiver of Subrogation and Primary and Non-contributory in favor of the
City.
Page 3 of 4 Schedule G Vendors September 2020
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer
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.
a-illmlam
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 4 of 4 Schedule G Vendors September 2020