Fiber Optic Cable Facilities Agreement with Interstate Power & Light Company/Alliant Copyrighted
April 16, 2018
City of Dubuque Consent Items # 27.
ITEM TITLE: Fiber Optic Cable Facilities Agreementwith Interstate
Power and Light Company
SUMMARY: City Manager recommending approval of a short term (5
year)agreement with Interstate Power and Light Company
to create a fiber-optic broadband link between the Port of
Dubuque Solar Garden at 12th Street and Interstate's lowa
Street Office.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Fiber Optic Cable Agreement with Interstate Power and City Manager Memo
Light-NNM Memo
Proposed Fiber Optic Cable Facilities Agreement
Between the City of Dubuque and Interstate Power and Staff Memo
Light Company memo to the City Manager
Fiber Optic Cable Facilities Agreement Between the
City of Dubuque and Interstate Power and Light Supporting Documentation
Company
THE CITY OF Dubuque
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AIFA�erlwGh
UB E '�� III►
Masterpiece on the Mississippi Z°°'�w'2
7A13 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Fiber Optic Cable Facilities Agreement between the City of
Dubuque and Interstate Power and Light Company
DATE: April 6, 2018
Information Services Manager Chris Kohlmann, Civil Engineer II Dave Ness and
Sustainable Innovation Consultant David Lyons recommend City Council approval of a
short term (5 year) agreement with Interstate Power and Light Company to create a
fiber-optic broadband link between the Port of Dubuque Solar Garden at 12�h Street and
Interstate's lowa Street Office.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�� �� ���
Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Chris Kohlmann, Information Services Manager
Dave Ness, Civil Engineer II
David Lyons, Sustainable Innovation Consultant
Dubuque
THE CITY OF �
DT T� � All-AmericaCitv
U
Masterpiece on the Mississippi 1 I I I Ial
�oo�.,a,z.zo,3.�o,�
TO: Michael C. Van Milligen, City Manager
FROM: Chris Kohlmann, Information Services Manager
Dave Ness, Civil Engineer II
David Lyons, Sustainable Innovation Consultant
SUBJECT: Proposed Fiber Optic Cable Facilities Agreement Between the City of
Dubuque and Interstate Power and Light Company.
DATE: April 4, 2018
INTRODUCTION
The purpose of this memo is to request approval of a short term (5 year) agreement
with Interstate Power and Light (IPL) to create a fiber-optic broadband link between the
Port of Dubuque Solar Garden at 12�h Street and its lowa Street office.
BACKGROUND
In 2017 Interstate Power and Light (IPL) completed the development of its Port of
Dubuque Solar Garden at 12�h Street. In addition to its capacity for electrical
generation, the Solar Garden is a "living lab" for both public education and research into
advancing solar power. To make effective use of the data the solar garden system is
generating, IPL needs to create a fiber-optic broadband link between the site and its
lowa Street office.
DISCUSSION
Expansion of solar energy development in Dubuque is an identified goal of the Mayor
and City Council. Assisting IPL in shortening the time and cost for accessing
information from their 12�h Street solar garden will support that Council goal. Due to
recent investments and public/private collaborations, the City of Dubuque has significant
fiber-optic assets that pass near both the 12�h Street Solar Garden and IPL's lowa Street
office. IPL and City staff would propose allowing IPL to access several of the existing
City fibers at the closest location to their two facilities. We have determined that the
City capacity is well in excess of any City needs for at least the next five years and
assisting IPL with access to a small portion of that fiber would have no detrimental
effects to City operations. We would propose a five-year access agreement with IPL
for a total of six fibers (3 pair.)
BUDGETIMPACT
Providing the proposed agreement would create no costs to the City and result in one-
time revenue payment of approximately $9,396 to the City ($1 .08 per fiber optic cable
strand pair per foot using 3 strand pairs for 2900 linear feet. $1 .08'3'2900 = $9,396).
The agreement can be extended after five years if the City continues to have excess
capacity and Alliant agrees to a new payment.
RECOMMENDATION AND ACTION REQUESTED
Research and development of new solar energy opportunities and new revenue to the
City can be achieved without negative impact to the City. We would respectfully request
your approval and would ask that you forward this information to the Dubuque City
Council and recommend their approval.
c.c. Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
Jane Smith, AE Engineering
Steve Brown, Project Manager Engineering
2
THE CITY OF
Dui
Dubuque
AA, Ameriea Clty
1':,L1f1;4.i
2012
Masterpiece on the Mississippi 201 20073..2017
Rick Zimmerman, Strategic Project Manager II
Alliant Energy
4902 N. Biltmore Ln.
Madison, WI 53718
City Clerk's Office
City Hall
50 W. 13th Street
Dubuque, IA 52001-4805
(563) 589-4100 office
(563) 589-0890 fax
ctyclerk@cityofdubuque.org
www.cityofdubuque.org
April 17, 2018
Re: Fiber Optic Cable Facilities Agreement — City of Dubuque, Iowa
Mr. Zimmerman,
Enclosed a partially executed original of the Fiber Optic Cable Facilities Agreement with
the City of Dubuque approved by City Council on April 16, 2018.
Please have Mr. Kouba sign where noted and return either the original or a copy to me
at the address above.
Please contact me if you have any questions.
Thank you.
Or/ doioripo,"
Ke in S. Firnstahl, CMC
City Clerk
Enclosure
FIBER OPTIC CABLE FACILITIES AGREEMENT
BETWEEN
THE CITY OF DUBUQUE IOWA
AND
INTERSTATE POWER AND LIGHT COMPANY
THIS AGREEMENT dated for reference purposes the
2018, is made by and between the City of Dubuque (City) and
Company.
Ø"t øú/
lnterstate Poffier and Light
ln consideration of the mutual covenants contained in this Agreement, the
sufficiency of which is acknowledged, the Parties agree as follows:
SECTION 1. IDENTITY OF THE PARTIES.
1.1 City is a political subdivision of the State of lowa incorporated in accordance with
relevant provisions of lowa law. City's address for purposes of this Agreement is City
Hall, 50 W. 13th Street, Dubuque, lA 52001 .
1.2 lnterstate Power and Light Company (lPL) is a private utility corporation. IPL's
address for purposes of this Agreement is 200 SE 1"t St. SE, Cedar Rapids, lowa 54201.
SECTION 2. DEFINITIONS. The following words shall have the meanings set forth
below. Words in the singular shall be held to include the plural and vice versa.
"Agreement" means this document including the product, equipment and services
referenced within this document.
"Designated Fiber" shall mean 3 pair (6 strands) of fiber optic cable the location of which
is generally described as running from 1Oth and lowa Street to 11th and Elm Street.
"Fiber" means a glass strand or strands which isiare protected by a color-coded buffer
tube and which is/are used to transmit a communication signal along the glass strand in
the form of pulses of light.
"Communications Equipment" means facilities or equipment provided, owned,
managed or installed by City in, around or on the Designated Fiber.
"City" means the City of Dubuque, lowa.
"Approved Splice" means any connection to the designated fiber which location and
method has been reviewed and pre-approved in writing by City.
SECTION3. PARTIES'OBLIGATIONS.
03071 Sbal
3.1 City shall provide IPL permission to use the designated fiber, as set out in
Attachment A, at a one-time cost of $1 .08 cents per fiber optic cable strand pair per linear
foot. Access shall only be by approved splice as defined in section 2.
3.2 IPL shall bear the costs of any approved splice and costs of reconfiguring any of
City's fiber sheath as needed.
3.3 A City authorized contractor shall perform all maintenance on the Fiber, including
any Fiber repairs, Fiber restoration, and Fiber relocation that becomes necessary during
the term of this Agreement. lf City incurs any costs associated with Fiber repairs, Fiber
restoration, or Fiber relocation, IPL shall reimburse City for its share of the cost. IPL's
share of the cost shall be determined based on the proportionate number of Fibers in the
sheath that is used by lPL. lf a third party is responsible for the Fiber cut and City is unable
to collect the cost of the repair from the third party, IPL shall reimburse City for IPL's share
of the cost of the repair as described above.
3.4 lnstallation of IPL's Equipment. lf IPL or a contractor operating under the direction
of IPL performs any splicing, accesses splice cases, or performs any other procedure that
could accidentally disrupt the passage of light in the Fibers or othenryise directly impact
City's Fibers, the activity must be pre-planned and approved by City in advance. IPL shall
call City's Coordinator:
Chris Kohlmann
lnformation Services Department Manager
1300 Main Street
Dubuque, lA 52001(Office) 563.589.4280(Cell) 563.599.2695
ckoh I man @citvofd u buq ue.orq
to schedule all maintenance
3.5 Each party will notify the other if it detects any problems that may interrupt service.
IPL's contact is Rick Zimmerman (rickzimmerman@alliantenerqv.com), office
608.458.3226, cell 262-567-1068. City's contact is Chris Kohlmann
(ckoh I man @cityofd u buque.org ), office 563.589.4280, cell 563. 5gg.2Ogb.
SECTION 4. TERM. The initial term of this Agreement shall be five (5) years from the
Acceptance Date (the "lnitial Term") unless terminated earlier in accordance with the
Termination section of this Agreement. Upon the expiration of the lnitial Term, the
Agreement may be extended for three additional five (5) year periods upon written request
by IPL not less than 60 days prior to the expiration of the current Term of this Agreement
and approval by City. Any extension shall require an additional one-time payment as set
out in section 3.1 of this Agreement, unless waived by City.
SECTION 5. EXCLUSION OF WARRANTIES. City makes no warranty to IPL or any
other entity, whether express, implied or statutory, as to the installation, description,
2
quality, merchantability, completeness, useful life, future economic viability, or fitness for
any particular purpose of the designated fiber, any fibers, or the system, or as to any other
matter, all of which warranties are hereby expressly excluded and disclaimed.
SECTION6. INDEMN¡FICATION.
6.1 IPL shall indemnify and hold City harmless from and against any and all costs,
expenses, losses, claims, damages, liabilities, settlements and judgments arising directly
out of the negligence or wrongful acts or omissions of any officer, agent, or employee of
IPL in the performance of this Agreement.
6.2 Nothing contained herein shall operate as a limitation on the right of either party
hereto to bring an action for damages against any third party, including indirect, special
or consequential damages, based on any acts or omissions of such third party as such
acts or omissions may affect the construction, operation or use of the Designated Fiber;
provided, however, that each party hereto shall assign such rights or claims, execute such
documents and do whatever else may be reasonably necessary to enable the other party
to pursue any such action against such third party.
SECTION 7. LIMITATION OF LIABILITY. Notwithstanding any provision of this
Agreement to the contrary, in no event shall either party be liable to the other party for
any special, incidental, indirect, punitive or consequential damages, whether foreseeable
or not, arising out of, or in connection with, transmission interruptions or problems, or any
interruption or degradation of service, including, but not limited to, damage or loss of
property or equipment, loss of profits or revenue, cost of capital, cost of replacement
services, or claims of customers, whether occasioned by any construction, reconstruction,
relocation, repair or maintenance performed by, or failed to be performed by, the other
party or any other cause whatsoever, including, without limitation, for breach of contract
or breach of warranty all claims for which damages are hereby specifically waived.
SECTION 8. THE CITY'S PROPERTY. Except as provided for in Section 3, IPL shall
not, and shall not permit others, to rearrange, disconnect, remove, and attempt to repair,
or othenryise tamper with any City's property without the prior written consent of City.
SECTION 9. IPL EQUIPMENT. IPL shall have sole responsibility for installation,
testing and operation of IPL equipment. City shall not be responsible for the operation or
maintenance of any IPL equipment. City shall not be responsible for the transmission or
reception of communications or signals by IPL's equipment or for the quality of, or defects
in, such transmission or reception.
SECTION 10. TERMINATION. Either party may terminate this Agreement for cause if
the other party breaches a material obligation of this Agreement and fails to correct the
breach within 30 days of receiving written notice of the breach from the non-breaching
party.
3
SECTION 11. CONTRACTADMINISTRATION.
11.1 Amendments. This Agreement may be amended in writing from time to time by
mutual consent of the Parties in the same manner in which this Agreement was approved
11.2 Third Partv Beneficiaries. There are no third-party beneficiaries to this Agreement.
This Agreement is intended only to benefit IPL and City.
11.3 Choice of Law and Forunt. The laws of the State of lowa shall govern and
determine all matters arising out of or in connection with this Agreement without regard
to the choice of law provisions of lowa law. ln the event any judicial proceeding is
commenced in connection with this Agreement, the exclusive jurisdiction for the
proceeding shall be brought in the District Court of lowa for Dubuque County.
11.4 lnteqration. This Agreement, including atl the documents incorporated by
reference, represents the entire Agreement between the parties and neither party is
relying on any representation that may have been made which is not included in this
Agreement. The parties agree that if a Schedule, Addendum, Rider or Exhibit or other
document is attached hereto by the parties, and referred to herein, then the same shall
be deemed incorporated herein by reference.
11.5 Not a Joint Venture. Nothing in this Agreement shall be construed as creating or
constituting the relationship of a partnership, joint venture, (or other association of any
kind or agent/principal relationship) between the parties hereto. No party, unless
othenryise specifically provided for herein, has the authority to enter into any agreement
or create an obligation or liability on behalf of, in the name of, or binding upon another
party to this Agreement.
11.6 Waiver. Any breach ordefault by either party shall not be waived or released other
than by writing signed by the other party. Failure by either party at any time to require
performance by the other party or to claim a breach of any provision of the Agreement
shall not be construed as affecting any subsequent breach or the right to require
performance with respect thereto or to claim a breach with respect thereto.
11.7 Notices. Any and all notices, designations, consents, offers, acceptances or any
other communication provided for herein shall be given in writing by registered or certified
mail, return receipt requested, or by receipted hand deliver, by Federal Express, courier,
or other similar and reliable carrier which shall be addressed to each party as set forth as
follows:
City of Dubuque, lowa
City Hall
50 W. 13th Street
Dubuque, lA 52001
4
TO GITY:
ATTN: City Manager
TO INTERSTATE POWER AND LIGHT COMPANY
lnterstate Power and Light Company
200 sE 1st st. sE
Cedar Rapids, lowa 54201
Attn: IPL Substation Construction & Maintenance NE
Each such notice shall be deemed to have been provided at the earliest of the following:
(a) at the time it is actually received; or (b) in the case of overnight hand delivery courier
or services such as Federal Express with guaranteed next day delivery, within one day;
or (c) in the case of registered U.S. Mail, within five (5) days. From time to time, the
Parties may change the name and address of a party designated to receive notice. Such
change of the designated person shall be in writing to the other Party and as provided
herein.
11.8 Cumulative Riqhts. The various rights, powers, options, elections and remedies
of either party, provided in this Agreement, shall be construed as cumulative and no one
of them is exclusive of the others or exclusive of any rights, remedies or priorities allowed
either party by law. Nothing in this Agreement shall be construed as affecting, impairing
or limiting the equitable or legal remedies to which either party may be entitled as a result
of any breach of this Agreement.
11.9 Severabilitv. lf any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, the invalid portion shall be severed
from this Agreement. Such a determination shall not affect the validity or enforceability
of any other part or provision of this Agreement.
11.10 Obliqations bevond Aqreement Term. This Agreement shall remain in full force
and effect to the end of the specified term or until terminated or canceled pursuant to this
Agreement. All obligations of the parties incurred or existing under this Agreement as of
the date of expiration, termination or cancellation will survive the expiration, termination
or cancellation of this Agreement.
11.11 Authorization. Each party to this Agreement represents and warrants to the other
that it has the right, power and authority to enter into and perform its obligations under
this Agreement and that it has taken all requisite action (corporate, statutory, or otherwise)
to approve execution, delivery and performance of this Agreement. This Agreement
constitutes a legal, valid and binding obligation upon the parties in accordance with its
terms.
11.12 Successors in lnterest. All the terms, provisions, and conditions of the Agreement
shall be binding upon and inure to the benefit of the parties hereto and their respective
successors, assigns, and legal representatives.
5
11.13 Counterparts and Facsimile Siqnatures. The parties agree that this Agreement
has been or may be executed in several counterparts, each of which shall be deemed an
original and all such counterparts shall together constitute one and the same instrument.
The parties further agree that the signatures on this Agreement or any amendment or
schedule may be manual or a facsimile signature of the person authorized to sign the
appropriate document. All authorized facsimile signatures shall have the same force and
effect as if manually signed.
11.14 Taxes. City is a tax-exempt entity and no payment will be made for any taxes for
any purpose by City.
11.15 Further Assurances and Corrective lnstruments. IPL agrees that it will, from time
to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and
delivered, such supplements hereto and such further instruments as may reasonably be
required for carrying out the expressed intention of this Agreement.
11.16 Assionment and Deleqation. This Agreement may not be assigned, transferred or
conveyed in whole or in part without the prior written consent of the other party, which
shall not be unduly withheld.
11.17 lnsurance. IPL shall at all times during the performance of this Agreement maintaininsurariEGlforth in the attached lnsurãnce Schedule.
SECTION 12. EXECUTION.
lN WITNESS WHEREOF, in consideration of the mutualcovenants setforth above
and for other good and valuable consideration, the receipt, adequacy and legal sufficiency
of which are ñereby aèknowledged, the parties have entered into the above Agreemeni
and have caused their duly authorized representatives to execute this Agreement.
CITY OF DUBUQUE, IOWA INTERSTATE POWER AND LIGHT
COMPANY
By:By:
C. Van Milligen Terry Kouba
Vice President Operations - lowa
Alliant Energy Corporation
City Manager
F:\Users\tsteckle\Lindahl\Agreements\Alliant Port Fiber Agreement Final 030718.docx
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INSURANCE SCHEDULE
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City of Dubuque Insur*ilce Requirements for Lessees cf Cif Pr*perty aad Right of tYay
Licenseês sr Permitte€s
¡NSURANCE SCHEÐULE A
lnterstale Power and Lþht Company shall furnish a sþned certifcate of insurance to the CÍty of
tubuque, lowa for the coverage required in Exhibit I priar to {he lease, license- or permit
comlr¡encernent. Al[ lessees of Clty prsprty and rþhtof wag licensæs or permÍttees shall subm¡l
an updated certificate annually- Each certificate shall be prepared qn ihe most cunentACûRÐ
form apprcved by the lswa lnsurance Ðivision or an equivalent" Each certificate shall include a
statement under Ðescrþtian of Oprations as tû why the certificale '¡sas issued- fg: Fiber Optic
Cable Facilities Agreemenl
All palicies of insuranc* reqaired hereunder shall be r¡¡ith a¡ insurer authorized lo do business in
lo'¡¡a and all insurers shall have a rating of A or better in the cunent Ã-Ë¡!- Best"s Rating Guide.
Each certifcate shall be fumished to lhe lnlormatisn Ëervie*s Departm*nt oTtEe City of Dubuque-
The l*see, licensæe, or permittee shatl be required to earry the minimum aoverage/límik, or
greater if required by law ar alher Þgal *greement. in Exhibit l- Faílure ta provide the r4uired
minimum crrrentge shall nÕt k deemd a 'rya¡ver sf such requirements by the Cþ of Dubuque.
Fallure to obtain or maíntain the required insurance shall be cpnsidered a mafe¡ial brsaeh sf ihe
Iease, license, or permil-
All r*quired endo¡sæmenls shall bë aüached to certificate-
Whenever a specific lSt lsrm is referenced ihe eunenl edilion af lhe form mu¡t be usæd unlesç
*n equivalent form is approved by the Financ* Directsr. The lesËeë, licensæe, or permittee musl
idenlifu and listin writÌng all deviatians and sxclusions ksm the lSO fcrn-
E-essee, licelses, ar permÌttee shafl requir* all subeontsactors and sub-subcontaclars lo obtain
and maintain during üre perfarmance of u¡ork insurance fcr the coverages des¿dbed in this
ln¡urance $chedule and shall obtain certificates qf ifisurance from all such sul¡csnlractors and
suþsubconkactors- Lessee. licensee, or permittee agrees that it shall be liable fsr th+ faifure of a
subcsntra¿{or and sul¡subc*ntractsr tû obtain and maintain such coverage. The City may
rëquÊåt a capy of ruch cerlifieates from ll¡e lessee, licensee, ar prmittee-
ScheduleA LeË,cëes úf üW*fã,ærþf, $ght ûtlivay Licëslsë€sü Pen:littees l{werH¡ër?Ðf ¡
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City of Drfouqr:e fnsr¡ranee Requirements før Lesse€s of City Property aad RigÞÉ of T'tlay
Liceneêes qr Permifte€s
INÊURANCE SCH=DULE A {tantinued}
EXHIEIT I
Aï CûMiltIRCtAL6Et'aERÁLLtABtLltY
GeneralAggregate Limit 93,tt0,080
Products-CompletedOpraliansAggreg*teLimit 91,Gfrt,tËO
Personaland Advertising lnjury Limit Ë1,ü0t,0tü
E*ch tccunence S1,Cût,tgü
Fire Darnage Limit {anyone occurænee} $50,tÊ0MsdiealPayments 55,0Ê0
17 Ccveøge shaft bë written oil ãn occürrence, nct clai¡ns nrade, for¡n- The general
liability cûvÊrage shall be written in accord with lSû form CGätÐf or bu:iness
trårners fonn 3PûÐt2- All deviations fram the slandard l5O csmmercial gen*ral
líahiliry form CG üÊ0'1, cr Businesç owr:ers for¡n BP ûÐt2, shall be clearly
identified.
2, lrclude tS$ endorserfientfonfi tG 25 t4'Designated Location{s} General
Aggregale UmiL"3, lnclude endsrsement indicating lhat cov*rage is prim*ry and norr+ontributcry-
4! lnclude Preserval¡on çf Govemrnental ïnrmunili+s lndors€menl {Sarrtpl+
attached|-5! lnclude addilional insured endorsement fsr:
The tity of Duhuqu*, incfuding all iÊs slected and appointed af¡ciak, all its
emplayees and voluntærs, all its bsãrds, cammissisns andfsç at.lftsritias *nd
their bsard members, employeæ and yolunleers- Use IEt forw CGãú fú
{t*going operations} cr its equivalent8, lf lessee, Iicensee, or permittee utilizes Trikkee or Segways in the eanduct of
l¡usiness, include an endcrsernent reffeetlng thal thes€ yehicles are nıt excfuded
from tornmercbl G*neral Liability coyerag€-
Bl WûRKER5'COMPE|{SAT|OI'¡&EMPLÛYERSLtÂB¡t-lTY
SÍatutory benefits ccvering all employees injured on üre iob by aecident cr disease as
prescíbed by towa Code Chapter 85 ¿s amended.
Coverage A
Coverage I Staklbry-State sf ltr'a
Employers Liability
Each Accident
Each Emplayee-Sisease
Poliry Urnit-Ðisease
s10û,ûtc
$1tt,tËû
s5tt],0û0
Poliry shall include lYaiver of Right lc Recover from ûlher: endorsernenl-
Nonelection of Work+rs' Car*pensatlon ar Empl+yers' Liability Coverage ur:der lsïrJa
Cde sec. &7-22
yes _ form attached
Sche&¡ls A Les.ãees tt CÉty ProÞerty; Righl Of Way LicÊrEess Ðr Përfiittees t\¡ryember Z{¡*f
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city af Dubusue Insur*ace *.0?1.:#::i_t:: !::åtrtrJ ctu Pr*perty ard Right of làray
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IHËURANCE SÊHEÐULE A {tonÉinaed}
E ]*VIRÛ ]'* Ê¡I E}ITAL I À¡IPAIEA¡I E}¡T L'åB'LITY OR PTLLUT:T}T LIAE I L ITY
Coverage required: _ yes X no
Polluiion liability cÕvêrãgs shall be reqtrired if the lessÊe, contracling parly, or pnnittee
has any pollution exposure for abatement sf hazardaus or conlaminaled materials
including, but not limiled ta, peboleum productr, the removat cf lead, askslas, or FtBs,
Polluti¡rn product aad completed operalions csver¿ge shall alsa be csvered.
Each occurrence $z,tÐt,t8ûPolicyAggregate E4,tË*,tËt]
Folicy to include job sils and ban*portation caverage-
lnclude additianal insured fsr
The City *f Dubuque, inc[uding al! íts sleeled and appainted afÍlcials, all its
employees and voluntærs, all its boards, csmmissisns andlsc authsr;ties and
their board members, employeæ and volunteers. Llse lSû lom tG 2ûf û,
{Ongoing operations} as slaled in A{Ê} abeve sr its equivalent
lnclude Presërvalion of Gcvemrnental lrnmunitiss Indarsemenl.
Provide evidence cl caverage for 5 years after complefon of projeel
Dl PRCIPER:Y |I|SURAECE REQIãRES BY LËASE, LlCEilsE, tR PERltlilT
_yeÈ X no
Er¡idence of proprly coverage provided: _ yes
lncluded the City of Ðubuque a: Lender Loss Payable-
El RIGHT-OF-WAYïYûRKÐt*LY:
UFIBRELLAJEXCE55 ã1,I¡OT,T{:O
X yes _no
Umbrellafexcess liability cûverage must be at least fol¡swing form with the underlying
poticies included hsrein-
Schedule A Le+s¿es ût CËty Property: Right üf Wäy L¡cërsæs o¡ Pêrmitlees I'loverïber ãlt7
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lity of Dltruqte l¡¡sureace Reqairemen3 for l-esssës af Cfu Property and RigÞt of ìålay
Licensees or Permitlees
PRES=RVATI ON TF €OVE RI¡MEFITAL IMM UÍ\'ITIE g El¡ DTR$ EMEIËT
1. Nore*¡*iver çf Gçvernmenial lmmur:ity- The inr¡¡rer expressþ aErees *nd state* that the purch*sæ
cf this peliey and ths including of the City of Ðubuque, lcrlrra as all ådd¡tional lnsured does noi waive any
ol the defens€s of govemmental immunity available to the Cig of Ðubuque, Io{¡a under Crde af lowa
Secti*n 6Tû"4 as it is nau¡ sxisis and as il may be amended from time io time.
2: ebíms Coverage" The insurerfurlheragrees lhat lhis policy oTinsurance shall æv*ronly those
claims nsi subject tc the defense of govemm+ntal inr*ranity under the Cade ol lowa Seet¡on Ê7C"4 as it
*ow exists and as it may be amended from lime Éo time. Thaæ claims not subjeel Èc C¡de of low¿
SecÉiçn 67ü-4 shall be covered by the terms and conditionc cf this insurance pliry-
3. Assertion ûf Gsvemmer:i lmmunitv- The City cf Ðub,uque, lü.{a shall he respcnsible for as.serting
any defense of govemmental irnrnudty. and *ray ds so at any *me and shall dc sa upon the timely written
æque*t of the insurer.
4- Flan-Ðer¡ial of Csverage- ãhe insures shall nçt deny coverage under {his p*liey and tha insurer
shall not deny any of Ére righls and benefits accruing to the City of Dubuque, lor,¡a under lhis palicy for
re€lsons of govemmental ímmunity unless and until g courl of eornpetent jufsdietion has ruld in layor cf
fie defense{s} ol govemm*nlal irnmunity ass€rted by *re City of Dubuque, l<r+,a-
Þ.lo tther thanqe in Folicv- Th* abpr¡e preservation of governmental immunities shall not other,risê
chaage sr aher lhe cçyerase avatlable under lfre pclicy.
SPECIMEI{
{OEPA*TMEI'IT ÃIAHAGER: FILL lH ÂLL BLA¡{KS AlÉû CHECK BÛXES}
Schedule Ã, Lesã€ës tE C*y FIÐWrV; Right OlWay Licer$ees or P€ryHlttees f'¡ov€mher ã0f 7
11
?*g* 4a14