Agreement with Northeast Iowa Community College for proposed Building Entrance Site Improvements at 700 Main Street in Dubuque, IowaCity of Dubuque
City Council
CONSENT ITEMS # 9.
Copyrighted
March 16, 2026
ITEM TITLE: Agreement with Northeast Iowa Community College for
proposed Building Entrance Site Improvements at 700 Main
Street in Dubuque, Iowa
SUMMARY: City Manager recommending City Council approval of an
agreement with Northeast Iowa Community College (NICC) in
order to accommodate the construction of its proposed
building entrance site improvements at 700 Main Street in
Dubuque, Iowa.
RESOLUTION Approving An Agreement between the City of
Dubuque, Iowa and Northeast Iowa Community College
which provides for a future vacation and sale process for a
portion of the W. 7th Street right-of-way lying East of Main
Street and facilitates an improvement project by Northeast
Iowa Community College
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
MVM Memo Agreement with Northeast Iowa Community College for proposed
Building Entrance Site Improvements at 700 Main Street
2. 1 memo approving NICC agreement 03102026
3. Resolution
4. NICC Vacate Agreement
5. Insurance Schedule A
Page 198 of 811
Dubuque
THE CITY OF
uFA�a9a av
DuBE
13
Masterpiece on the Mississippi zoo�•*o
rP PP 2017202019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Agreement with Northeast Iowa Community College for proposed Building
Entrance Site Improvements at 700 Main Street in Dubuque, Iowa
DATE: March 12, 2026
City Engineer Gus Psihoyos is recommending City Council approval of an agreement
with Northeast Iowa Community College (NICC) in order to accommodate the
construction of its proposed building entrance site improvements at 700 Main Street in
Dubuque, Iowa.
The agreement contemplates a future dispositional process which cannot be initiated
until such time as NICC completes the Iowa Department of Education requirements.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, CE III, PE/PLS
Page 199 of 811
THE CITY F
DU�BQTE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
Dubuque
All -America City
2007.2012.2013
2017*2019
SUBJECT: Agreement with Northeast Iowa Community College for proposed Building
Entrance Site Improvements at 700 Main Street in Dubuque, Iowa
DATE: March 12, 2026
INTRODUCTION
The purpose of this memorandum is to request City Council approval of an agreement
with Northeast Iowa Community College (NICC) in order to accommodate the
construction of its proposed building entrance site improvements at 700 Main Street in
Dubuque, Iowa.
BACKGROUND
NICC is planning to remodel its existing Dubuque Center campus building at 700 Main
Street. The newly remodeled building will house classrooms, conference rooms, labs,
and associated facilities. Part of the remodeling plans includes the construction of a
new two-story entrance at the southwest corner of the existing building. The proposed
two-story entrance improvements will be located on what is currently City of Dubuque
street right of way easement.
DISCUSSION
The agreement includes the dedication of fee title (City currently holds an easement) to
the adjoining street and alley rights of way, from NICC to the City, followed by the
subsequent vacation and disposal of portions of those rights of way from the City to
NICC, in order to accommodate the proposed NICC development plans. City staff,
including Planning Services, Engineering, and Parks and Recreation met with NICC
representatives, reviewed the proposal, and have determined that the right of way area
to be vacated is not needed. The proposed vacation of the designated portion of 7th
Street is anticipated to have minimal operational or public -access impact. Following
completion of the associated construction activities, sufficient right-of-way will remain to
accommodate installation of a standard City -compliant sidewalk. All pedestrian facilities
will be rebuilt to conform to applicable City design standards and accessibility
requirements. The City of Dubuque Development Review Team has finished its review
of the construction plans and will issue an approval letter after the agreements are fully
executed.
As NICC is required to contact the Iowa Department of Education and set and hold a
public hearing before they dispose of any interest in real estate, the contemplated right
Page 200 of 811
of way dedication and vacation/disposal steps for this project will likely not take place
until mid -May of this year. To allow for construction to begin on NICC's current
schedule, the agreement includes a provision for early site access via the attached site
access agreement.
The agreement contemplates the property will be sold to NICC as part of a future
dispositional process for $1,674.00 and NICC will also be responsible for all surveying,
platting, and publication, and filing costs. A copy of the agreement executed by NICC is
attached. The dispositional process cannot be initiated until such time as NICC
completes the Iowa Department of Education process and remains subject to City
Council approval following the required public hearing process.
RECOMMENDATION
I recommend that the City approve the agreement with NICC to facilitate the
construction of its proposed building entrance site improvements at 700 Main Street in
Dubuque, Iowa.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution approving said agreement and
authorizing the City Manager to execute said agreement.
Attach.
Prepared by: Nate Kieffer, CE III, PE/PLS
Page 201 of 811
Prepared by: Nate Kieffer City of Dubuque 50 W. 13th Street Dubuque IA 52001 (563) 589-4270
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131� St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 80-26
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND
NORTHEAST IOWA COMMUNITY COLLEGE WHICH PROVIDES FOR A FUTURE
VACATION AND SALE PROCESS FOR A PORTION OF THE W. 7TH STREET RIGHT-
OF-WAY LYING EAST OF MAIN STREET AND FACILITATES AN IMPROVEMENT
PROJECT BY NORTHEAST IOWA COMMUNITY COLLEGE
WHEREAS, Northeast Iowa Community College, a school corporation, (NICC) is
requesting the vacation and sale of a portion of the West 7t" Street right of way lying east of
Main Street, in the City of Dubuque, Iowa, and adjacent to its existing property, in order to
accommodate the construction of its proposed building entrance site improvements at 700
Main Street in Dubuque, Iowa (NICC Improvements); and
WHEREAS, NICC is fee title holders to its respective streets and alleys in the block
adjacent to its property (Streets and Alleys); and
WHEREAS, City currently has a right of way easement for street purposes over the
Streets and Alleys; and
WHEREAS, City desires to own the fee title to said Streets and Alleys; and
WHEREAS, NICC is willing to deed its respective rights to said Streets and Alleys to
City for fee title ownership by City; and
WHEREAS, City has agreed to vacate and sell certain street right of way areas to
NICC to facilitate construction of the NICC Improvements; and
WHEREAS, City and NICC would like to coordinate the deeding of the Streets and
Alleys and the vacation, division and sale of the right of way areas as part of the NICC
Improvement project; and
WHEREAS, City and NICC desire to enter into an agreement with respect to the
deeding of the Streets and Alleys and vacation of the ROW Areas as set forth herein; and
WHEREAS, the City Council finds that it is in the best interest of the City of Dubuque
to approve the agreement with NICC attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The agreement attached hereto is hereby approved.
Section 2. The City Manager is authorized and directed to execute the agreement on
behalf of the City of Dubuque and to take such action as may be necessary to carry out the
terms of the Agreement.
Passed, Approved, and Adopted this 16th day of March, 2026.
David T. Resni k, ayor Pro Tem
Attest:
Adrienne N. Breitfelder, City Clerk
AGREEMENT
BY AND BETWEEN
NORTHEAST IOWA COMMUNITY COLLEGE
AND
THE CITY OF DUBUQUE, IOWA
This Agreement, dated for reference purposes the 16th day of
March , 2026, is made and executed between the City of Dubuque, Iowa,
(City), a municipal corporation, and Northeast Iowa Community College (NICC), a school
corporation organized and existing under the laws of Iowa.
WHEREAS, NICC is the owner Block 11 in Dubuque Downtown Plaza, in the City
of Dubuque, Iowa (the NICC Property); and
WHEREAS, NICC is requesting the vacation and sale of a portion of the West 7th
Street right of way lying east of Main Street, in the City of Dubuque, Iowa, and adjacent
to the NICC Property, as shown on Exhibit A (the Street ROW Area) attached hereto and
herby incorporated by reference, in order to accommodate the construction of its
proposed building entrance site improvements at 700 Main Street in Dubuque, Iowa
(NICC Improvements); and
WHEREAS, NICC is fee title holder to the streets and alleys in the block adjacent to the
NICC Property as shown on Exhibit A (Streets and Alleys); and
WHEREAS, City currently has a right of way easement for street purposes over said
Streets and Alleys; and
WHEREAS, the City desires to own the fee title to said Streets and Alleys; and
WHEREAS, NICC is willing to deed its rights to said Streets and Alleys to City for fee title
ownership by City in accordance with the areas outlined on Exhibit A in exchange for the
City's vacation and conveyance Street ROW to NICC, as set forth below; and
WHEREAS, City has agreed to vacate and sell the Street ROW Area to NICC, for
$1,647.00 and other good and valuable consideration, in accordance with the area
outlined on Exhibit A; and
WHEREAS, City and NICC would like to coordinate the deeding of the Streets and Alleys
to City and the vacation and sale of the Street ROW Area to NICC to accommodate the
NICC Improvements; and
WHEREAS, NICC and City desire to enter into an agreement with respect to the deeding
of the Streets and Alleys and vacation of the Street ROW Area as set forth herein.
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS
FOLLOWS:
SECTION 1. CITY RESPONSIBILITIES. City agrees as follows:
1 After dedication of the Streets and Alleys by NICC, City shall vacate and sell the Street
ROW Area as shown on Exhibit A to NICC for one thousand six hundred seventy-four
00/100's dollars ($1,674.00), to accommodate the NICC Improvements.
1.2 Upon receipt of the Plat of Survey for the Street ROW Area, required under Section
2.3 of this Agreement, City shall timely submit the required documents to the City Council
for the next available public hearing and formal approval of the vacated Street ROW Area.
1.3 Subject to City Council approval and reimbursement to City from NICC for
publication and filing fees, City will execute and deliver a Quit Claim Deed to NICC for the
vacated Street ROW Area.
SECTION 2. NICC RESPONSIBILITIES. NICC agrees as follows:
2.1 NICC will execute a ROW of Way acquisition survey plat, which will formally dedicate
the Streets and Alley areas owned by NICC, shown in Page 1 of Exhibit A, to City for
street right of way and public utilities, at no cost City.
2.2 NICC will submit a request to City to vacate and provide a sketch or plat of the ROW
Areas to be vacated.
2.3 NICC acknowledges that NICC, at NICC's expense, will have prepared a Right of
Way Acquisition Plat of Survey for the proposed Streets and Alley, and a Right of Way
Vacation Plat of Survey for the Street ROW Area, as shown in Exhibit A, both documents
to be prepared by a Licensed Land Surveyor, which will show the boundaries of the areas
and assign a legal descriptions to the properties.
2.4 If applicable, as a requirement of approval of the vacation of the Street ROW Area,
NICC will submit to City signed consent to Right of Way vacation forms from all affected
utility owners in the ROW Areas. Consents shall be in a form mutually agreeable to City
and NICC.
2.5 NICC will reimburse City for the cost of all publication and filing fees of Two Hundred
Dollars ($200.00) associated with the vacating and sale process of the Street ROW Area
promptly upon receipt of a statement from City.
2.6 Within sixty (60) days of closing, at NICC's expense, NICC will consolidate, through
a Plat of Survey, the vacated Street ROW Area with the NICC Property to create one lot
or parcel that conforms to the City of Dubuque Unified Development Code Bulk Standards
for the combined lots.
2
Page 205 of 811
SECTION 3. MUTUAL EXCHANGE.
NICC shall not convey the NICC Streets and Alleys to the City, and NICC shall not
record the plat of survey dedicating Streets and Alleys as right of way to the City, until
after the City Council has approved the vacation of the City Street ROW Area and
approved the conveyance of the same to NICC. The exchange of real estate and
conveyance of property between the parties shall happen simultaneously. For
clarification, NICC's conveyance of the Street ROW Area to the City is conditioned on
the City's conveyance of the Street ROW to NICC, as set forth above.
SECTION 4. NOTICES.
All notices and correspondence related to this Agreement must be sent to the following:
If to NICC:
Northeast Iowa Community College
Attention: Lexi Wagner, VP of Finance & Administration
1625 Highway 150 S
PO Box 400
Calmar, IA 52132
If to City: City of Dubuque, Iowa
Attention: Gus Psihoyos, City Engineer
50 West 131h Street
Dubuque, Iowa 52001
SECTION 5. DEFAULT. In the event of default by NICC, City reserves the right to seek
specific performance in Iowa District Court for Dubuque County. In the event of default
by City, NICC will have all rights and remedies available at law or in equity.
SECTION 6. MISCELLANEOUS.
6.1 This Agreement may not be assigned without the prior written consent of the City.
Such written approval will not be unreasonably withheld.
6.2 This Agreement represents the entire Agreement between the parties. There are no
verbal additions to this Agreement, and all amendments, additions or changes to this
Agreement must be in writing and agreed to by both parties.
6.3 All covenants, conditions, and provisions of this Agreement will inure to the benefit
of and be binding upon the parties hereto and their respective successors, heirs and
assigns.
3
Page 206 of 811
6.4 This Agreement is governed by the laws of the State of Iowa and venue for any action
arising from or related to this Agreement will be in the District Court of Iowa, Dubuque
County, Iowa.
6.5 If any term of this Agreement is found to be void or invalid, such invalidity will not
affect the remaining terms of this Agreement, which will continue in full force and effect.
6.6 The closing on the property with NICC shall be no later than July 31, 2026.
SECTION 7. URBAN RENEWAL. This Agreement is subject to the approval of the City
Council. City represents and warrants it has and shall continue to comply with all
necessary requirements required under this Section and Iowa law.
SECTION 8. SITE ACCESS AGREEMENT. Prior to Closing, NICC and its contractors
shall have access to the Property pursuant to the terms and conditions of the Site Access
Agreement attached hereto and incorporated herein by reference.
SECTION 9. This Agreement is contingent on approval by the NICC Board of
Trustees. Until approved by appropriate Board of Trustee's action, this Agreement is non-
binding on NICC. If NICC Board of Trustees does not approve this Agreement, NICC
shall have no obligations under the Agreement.
CITY OF DUBUQUE, IOWA
v
By:
Michac4 C. Van Milligen
City Manager
NORTHEAST IOWA COMMUNITY
COLLEGE
By:
Dave Dahms, President
11
EXHIBIT A
PROPOSED STREET AND ALLEY DEDICATION AND VACATED STREET RIGHT-OF-WAY
Page 208 of 811
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Page 209 of 811
SITE ACCESS AGREEMENT
BETEWEEN
THE CITY OF DUBUQUE, IOWA
AND
NORTHEAST IOWA COMMUNITY COLLEGE
This Agreement is made and entered into this day of , 2026, by
and between the City of Dubuque, Iowa, an Iowa municipal corporation (City), and
Northeast Iowa Community College (NICC).
WHEREAS, City is the owner of certain the Street ROW Area described in the
Agreement between City and NICC pursuant to which City agrees to convey the Street
ROW Area (the Site) to NICC;
WHEREAS, City has not yet approved the Agreement, but NICC has requested
access to the Site to begin construction of the improvements; and
WHEREAS, City is willing to grant NICC access to the Site on the terms and
conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
SECTION 1. ACCESS TO SITE. City hereby grants to NICC and its contractors
access to the Site for construction and such other work as City and NICC shall agree in
writing.
SECTION 2. RESTORATION OF SITE. NICC acknowledges that any site
preparation or other work performed by NICC is at NICC's sole risk. NICC agrees to
timely pay and discharge all claims of any kind by its contractors, subcontractors and
suppliers with respect to any work performed on the Site, including but not limited to
claims for labor or material furnished in connection therewith, and to defend, indemnify
and hold harmless City from and against any and all such claims. In the event that the
City does not approve the Agreement), NICC shall, at City's option, restore the Site at
NICC's sole expense within 60 days after receipt of notice from City, and this
Agreement shall then terminate after approval of such restoration by City. For the
purposes of this Agreement, the term "restore the Site" means removing any and all
structures that may have been constructed on the Site, replacing any removed roadway
structures, filling any holes on the Site to adjoining grade level and seeding the Site. In
the event NICC fails to restore the Site by such date, City will have the Site restored and
NICC shall reimburse City for all costs of restoration within thirty days of receipt of a
statement from City for such costs. This obligation shall survive the termination of this
Agreement.
SECTION 3. CONDITION OF THE SITE. City makes no warranty or representation
as to the condition of the Site, including environmental conditions. NICC takes the site
Page 210 of 811
as is." NICC acknowledges that any work performed by NICC at the Site is at its sole
risk. NICC shall insure that ali work at the Site is done in accordance with all applicable
laws and permits and in a good worker-like manner. NICC shall daily leave the Site in a
condition no less safe than before the work was conducted. NICC is solely responsible
for obtaining any and all permits required for the work to be conducted at the Site. No
hazardous chemicals and wastes may be stored or disposed of on the Site and all such
materials must be used only as allowed by law. NICC shall be responsible for
identifying any and all utilities serving the Site prior to conducting invasive work on the
Site.
SECTION 4. SHARING OF INFORMATION. NICC shall provide City with copies of
any and all reports and documents resulting from the work conducted at the Site upon
the request of the City. In the event such information is confidential, it shall be
managed by the parties pursuant to a separate Confidentiality Agreement. NICC shall
notify City immediately upon discovery of any hazardous or unsafe condition at the Site.
SECTION 5. INDEMNIFICATION. To the fullest extent permitted by law (including
the lowa Tort Claims Act, lowa Code Chapter 669), NICC shall defend, indemnify and
hold harmless City, its officers, agents and employees from and against any claim and
cost of any kind, including without limitation, attorneys' fees and consulting fees, arising
out any work at the Site by or on behalf of NICC. This obligation shall survive the
termination of this Agreement.
SECTION 6. INSURANCE. NICC shall provide insurance as set forth in the attached
Insurance Schedule at all times that this Agreement is in effect.
CITY OF DUBUQUE, IOWA NORTHEAST IOWA COMMUNTIY
COLLGE
By:By:
Michael Van Milligen David Dahms
City Manager President
2
Page 211 of 811
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees
CITY - INSURANCE SCHEDULE A
Lessee shall furnish a signed certificate of insurance to the City of Dubuque forth e coverage required in
Exhibit I prior to the lease, license, or permit commencement. All lessees of City property and right of way
licensees or permittees shall submit an updated certificate annually. 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. Lease
Agreement dated
2. 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: City of Dubuque, Finance Department, 50 W. 131" Street, Dubuque,
Iowa, 52001.
4. The lessee, licensee, or permittee 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 the lease,
license, or permit.
6. All required endorsements shall be attached to the certificate. The certificate is due before the
contract/agreement can be approved.
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 Chief Financial Officer. The lessee, licensee, or permittee must identify
and list in writing all deviations and exclusions from the ISO form.
8. If lessee's, licensee's, or permittee's limits of liability are higher than the required minimum limits then the
lessee's, licensee's, or permittee's limits shall be this agreement's required limits.
9. Lessee, licensee, or permittee shall require all subcontractors and 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. Lessee, licensee, or
permittee agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain
and maintain such coverage. The City of Dubuque may request a copy of such certificates from the lessee,
licensee, or permittee.
10. Lessee, license, and permittees shall be responsible for deductibles and 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 the agent's 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
risk or other special circumstances during the term of the agreement, subject to written mutual agreement
attached hereto.
Page 212 of 811
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees
INSURANCE SCHEDULE A (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 (anyone occurrence) $ 50,00o
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 from BP 00 02. All deviations
from the standard ISO commercial general liabilityform CG 00 01, or business owners form BP
0002, 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 noncontributory.
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 2010 (ongoing operations) or its equivalent.
6) Policy shall include Waiver of Right to Recover from Others Endorsement.
7) Policy shall include cancellation and material change endorsement providing thirty (30) days
advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits
and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque,
Finance Department, 50th W. 131h Street, Dubuque, Iowa, 52001.
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
PolicyLimit— Disease $500,000
Policy shall include Waiver of right to Recover from Others Endorsement.
Page 213 of 811
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees
INSURANCE SCHEDULE A
(continued)
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by Iowa Code Section 85.1A, the lessee, licensee, or permittee is not required to purchase Workers'
Compensation Insurance, the lessee, licensee, or permittee 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.
C. AUTOMOBILE LIABILITY
Coverage Required: x Yes No
Combined Single Limit
$1,000,000
Coverage shall include all owned, non -owned, and hired vehicles. If permittees do not own any vehicles,
coverage is required on non -owned and hired vehicles.
1) Policy shall include Waiver of Right to Recover from Others Endorsement.
D. POLLUTION LIABILITY
Coverage Required: Yes X 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 from GC 20 10 (ongoing operations) or its equivalent
and CG 20 37 (completed operations) or its equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
5) Include endorsement indicating that coverage is primary and non-contributory.
6) Policy shall include Waiver of Right to Recovery from Others Endorsement.
Page 214 of 811
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees
INSURANCE SCHEDULE A
(continued)
E. PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT
Yes X No
Amount $
Include the City of Dubuque as Lendor Loss Payable.
F. RIGHT-OF-WAY WORK ONLY-
UMBRELLA/EXCESS $1,000,000
X Yes No
The General Liability, Automobile Liability, and Employers Liability 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.
G. FLOOD INSURANCE:
Yes x No
If Required Coverage: $
Page 215 of 811
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees
Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities
which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as
is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to
preserve those immunities, please use this endorsement or an equivalent form. The preservation of
immunities is for your benefit.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
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 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. 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.
5. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
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