Acceptance Sanitary Sewer Improvements Across Parts of Walen Acres / Beverly Pines No. 2City of Dubuque
ITEM TITLE:
SUMMARY:
SUGGESTED DISPOSITION:
Copyrighted
June 1, 2020
Consent Items # 5.
Acceptance Sanitary Sewer Improvements Across Parts of
Walen Acres and Parts of Beverly Pines No. 2
City Manager recommending acceptance of the public
improvements that the developer, Edwards Family Realty
Company, L.C., has recently completed across parts of Lot
1 and Lot 2 of Walen Acres and parts of Lot 2 and Lot 2-2
of Beverly Pines No. 2, in the City of Dubuque, Iowa.
RESOLUTION Accepting public sanitary sewer
improvements across parts of Lots 1 and Lot 2 of Walen
Acres and parts of Lot 2 and Lot 2-2 of Beverly Pines No.
2 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description
Walen Acres Acceptance of Sanitary Sewer
I mprovements-MVM Memo
Staff Memo
Resolution
Aerial Photo
Agreement - Executed
Type
City Manager Memo
Staff Memo
Resolutions
Supporting Documentation
Supporting Documentation
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
bitil
All-A.aia City
111111
2007.2012.2013
2017*2019
SUBJECT: Acceptance of Sanitary Sewer Improvements across Parts of Lot 1 and
Lot 2 of Walen Acres and Parts of Lot 2 and Lot 2-2 of Beverly Pines No.
2, in the City of Dubuque, Iowa
DATE: May 26, 2020
City Engineer Gus Psihoyos is recommending acceptance of the public improvements
that the developer, Edwards Family Realty Company, L.C., has recently completed
across parts of Lot 1 and Lot 2 of Walen Acres and parts of Lot 2 and Lot 2-2 of Beverly
Pines No. 2, in the City of Dubuque, Iowa. Maintenance guarantees for said public
improvements shall be provided by the City of Dubuque from the date of acceptance by
the City Council.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
7--
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
WIT
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
Dubuque
bettld
AII•Meriea City
,LAISCNAL(NL I }Nlk
' 11 '
2007.2012.2013
2017*2019
SUBJECT: Acceptance of Sanitary Sewer Improvements across parts of Lot 1 and Lot
2 of Walen Acres and parts of Lot 2 and Lot 2-2 of Beverly Pines No. 2, in
the City of Dubuque, Iowa
DATE: May 22, 2020
INTRODUCTION
The enclosed material provides for City Council acceptance of the public improvements
that the developer, Edwards Family Realty Company, L.C., have recently completed
across parts of Lot 1 and Lot 2 of Walen Acres and parts of Lot 2 and Lot 2-2 of Beverly
Pines No. 2, in the City of Dubuque, Iowa.
BACKGROUND
The property owners Melissa N. Walen (Walen) and Edwards Family Realty Company,
L.C. (Edwards) requested the extension of the public sanitary sewer from Lot 2-2 of
Beverly Pines through the Walen and Edwards property to serve existing and future
buildings. The new sanitary sewer construction has been inspected and approved by
Engineering Department staff. The City of Dubuque will own and maintain the public
sanitary sewer utility. The property owners have granted a 20-foot-wide utility easement
over the sanitary sewer.
DISCUSSION
The project extended approximately 560 feet of 8" sanitary sewer, installation of a 4-foot
diameter sanitary sewer manholes, clearing, grubbing, rock excavation and landscape
restoration. The City will be able to levy a connection charge for any future sewer
connections to this new extension.
RECOMMENDATION
would, therefore, recommend that the City Council accept the public improvements.
Maintenance guarantees for said public improvements shall be provided by the City
from the date of acceptance by City Council.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution accepting the public
sanitary sewer improvements across parts of Lot 1 and Lot 2 of Walen Acres and parts
of Lot 2 and Lot 2-2 of Beverly Pines No. 2, in the City of Dubuque, Iowa.
Prepared by Nate Kieffer, PLS
RESOLUTION NO. 162-20
ACCEPTING PUBLIC SANITARY SEWER IMPROVEMENTS ACROSS PARTS OF
LOT 1 AND LOT 2 OF WALEN ACRES AND PARTS OF LOT 2 AND LOT 2-2 OF
BEVERLY PINES NO. 2, IN THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to a Sanitary Sewer Construction Agreement between the
City of Dubuque, Melissa N. Walen, and Edwards Family Realty Company, L.C., certain
public improvements including sanitary sewer and appurtenances, were installed by
Edwards Family Realty Company, L.C. across parts of Lot 1 and Lot 2 of Walen Acres
and parts of Lot 2 and Lot 2-2 of Beverly Pines No. 2, in the City of Dubuque, Iowa; and
Whereas, the improvements have been completed and the City Manager has
examined the work and has filed a certificate stating that the same has been completed
in accordance with the plans approved by the City Council and in conformance with City
specifications, and has recommended that the improvements be accepted by the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that
said public improvements across parts of Lot 1 and Lot 2 of Walen Acres and parts of
Lot 2 and Lot 2-2 of Beverly Pines No. 2, in the City of Dubuque, Iowa, be and the same
are hereby accepted.
Section 2. The City will own, operate, and maintain the pubic sewer
improvements after the date of acceptance by the City Council.
Passed, approved and adopted this 1st day of Junes 2020.
Attest:
Roy D. Buol, Mayor
21 4,, '45P
-a-••
'
1.•
1
' • •
• 1•C. •T.
- • •
f
1435,
SANITARY SEWER CONSTRUCTION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA AND MELISSA WALEN
AND
EDWARDS FAMILY REALTY COMPANY, L.C.
This Sanitary Sewer Construction Agreement (Agreement) is made and entered
into this ii '1 day of February 2020, by and between the City of Dubuque, Iowa, an Iowa
municipal corporation (City), and Melissa N. Walen (Walen), and Edwards Family Realty
Company, L.C. (Edwards)
WHEREAS, Walen is the owner of the real estate legally described as Lot 1 and
Lot 2 of Walen Acres in the City of Dubuque, Iowa, common address 776 Edwards Rd.
(Walen Property); and
WHEREAS, Edwards is the owner of the real estate legally described as Lot 2 of
Beverly Pines No. 2, common address 777 Edwards Rd. in the City of Dubuque, Iowa
(Edwards Property); and
WHEREAS, City owns and maintains a public sanitary sewer, that lies within Lot
2-2 of Beverly Pines, in the City of Dubuque, Iowa; and
WHEREAS, Walen and Edwards have requested the extension of the public
sanitary sewer from Lot 2-2 of Beverly Pines through the Walen Property and Edwards
Property to serve existing and future buildings thereon; and
Whereas, Edwards and the City have prepared plans and specifications for the
sanitary sewer extension project (Project); and
WHEREAS, Edwards desires to construct the Project and will need to construct
and carry out any other activities associated with the Project in accordance with City
plans and specifications; and
WHEREAS, Edwards wishes to dedicate the sanitary sewer utility extension
improvements and any associated easements over Edwards Property, as required by
the City, to the City; and
WHEREAS, Walen wishes to dedicate any associated easements over Walen
Property, as required by the City, to the City; and
WHEREAS, City, Walen, and Edwards wish to share in the cost of the
construction of the project and any additional easements necessary from any adjacent
landowners.
02062020rnk
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
SECTION 1. GENERAL CONDITIONS.
1.1 Edwards will begin work on the Project on or about March 1, 2020. The Project
will be substantially completed by May 1, 2020. An initial plan for the Project is attached
as Exhibit 1.
1.2 Work on the Project may not commence until this Agreement is executed by City,
Walen and Edwards.
1.3 Edwards is responsible and will pay for all initial costs related to the Project,
including but not limited to construction costs.
1.4 Edwards will be responsible for the total actual construction cost of the total
Project on attached Exhibit 1. Cost of the total Project is estimated at $42,519.66.
Which includes $4,500.00 for rock if encountered.
1.5 Walen will pay for all costs associated with the installation of sanitary sewer from
Section B to C as shown on attached Exhibit 1. Before the project commences Walen
will pay Edwards $13,711.43 which includes the following items based on estimated
quantities:
A. 120 lineal feet of 8" PVC pipe at $75.92/LF (Section B to C) $9,111.43
B. Sanitary Sewer Manhole $2,600.00 (Location C) $2,600.00
C. Easement 1/3 of $1,500 (Section A to B) $ 500.00
D. Rock (16.67 Cubic Yard at $90.00 / cu yd. (Section B to C) $1,500.00
Total Estimated Cost $13,711.43
If any of the above items are more or less than the actual final costs, Walen will
either be charged or refunded the difference by Edwards.
1.6 The City will pay Edwards $8,061.59 within 30 days of acceptance of the project
by the City Council. The City agrees to pay 1/3 of the rock cost from Section A to B,
shown on Exhibit 1.
1.7 City, Edwards and Walen agree to each pay for one-third of any required
easement acquisitions from adjacent property owners (Section A to B). Total Easement
costs are estimated at $1,500.00.
1.8 City reserves the right to collect any other connection charges from Section A to
B of the project.
1.9 The City will charge Walen a monthly sanitary sewer fee based on water
consumption once the project is accepted by City Council.
2
SECTION 2. PLANS AND PERMITS.
2.1 City will prepare final design plans, that meet current City standards, for the
Project prior to commencing work.
SECTION 3. INSPECTIONS AND ACCEPTANCE.
3.1 The City will inspect the Project throughout its implementation and at its
completion to ensure compliance with the approved plans and specifications. If the
project establishes that the Project has been completed in accordance with the
approved plans and City requirements and specifications, the Project will be accepted
by City Council. There will be no additional cost for the inspection.
SECTION 4. EASEMENT AND MAINTENANCE.
4.1 Edwards will grant to the City an easement dedicating sanitary sewer utility
easement (20' width) over Edwards Property as shown on attached Exhibit 1. City will
prepare all grant of easement and easement survey exhibits as necessary. Said
easement shall be for access, construction and other activities associated with the
sanitary sewer, including but not limited to the maintenance and repair of the sewers by
the City. City will record Grant of Easement with County Recorder. City is responsible
for all recording fees associated with easement.
4.2 Walen will grant to the City an easement dedicating sanitary sewer utility
easement (20' width) and sanitary sewer access easement over Walen Property as
shown on attached Exhibit 1. City will prepare all grants of easement and easement
survey exhibits as necessary. Said easements shall be for access, construction, and
other activities associated with the sanitary sewer, including but not limited to the
maintenance and repair of the sewers by the City. City will record Grants of Easement
with County Recorder. City is responsible for all recording fees associated with
easements.
4.3 After Edwards and Walen have dedicated the proposed sewer improvements and
easements to the City, and the Project has been completed, inspected and accepted by
the City Council, City will be responsible for the maintenance and repair of the sanitary
sewer from the date of City Council acceptance and onward in accordance with the
Grant of Easement language. The City shall be responsible for limited site restoration
following any future sanitary sewer work (future repairs, inspections, replacement).
Restoration by the City shall only include disturbed turf areas. Restoration of all other
newly installed landscaping, paving and other improvements shall be the responsibility
of the property owner or other.
SECTION 5. INSURANCE AND INDEMNIFICATION.
3
5.1 Edwards agrees to hold harmless and indemnify City, and its officers, agents and
employees, against any and all claims, actions, demands, losses, liabilities or legal
expenses that may arise on account of injury to any person or damage to any property
occurring in connection with the Project. This indemnification includes, but is not limited
to, any liability or obligation of the City arising from any claim by Edwards or any person,
firm, or corporation providing services for Edwards in connection with the Project.
5.2 At all times during the Project, from commencement of work to acceptance by the
City of the Project, any contractors or subcontractors hired by Edwards to perform work
on the Project must comply with the insurance requirements set forth in the Insurance
Schedule F, attached as Exhibit 2.
SECTION 6. MISCELLANEOUS.
6.1 This Agreement may not be assigned without the prior written permission 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.
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 All Riders and Exhibits attached hereto form material parts of this Agreement.
4
7.7 All notices and correspondence related to this Agreement must be sent to the
following:
If to Edwards:
If to Walen:
If to City:
Edwards Family Realty Company, L.C.
10671 Eagle Ridge Court
Peosta, IA 52068
Melissa N. Walen
776 Edwards Drive
Dubuque, IA 52003
City of Dubuque, Iowa
Attention: Gus Psihoyos, City Engineer
50 West 13th Street
Dubuque, Iowa 52001
CITY OF DUBUQUE, IOWA
By:
Gus Psihoyos
City Engineer
MELLISA N. WALEN
r
By: Q < .- ,.,:1
Melissa N. Walen
EDWARDS FAMILY REALTY
COMPANY, L.C.
By:
Robert B. Edwards
5
EXHIBIT 1
INITIAL SEWER CONSTRUCTION PLAN AND EASEMENTS
6
1043
0
EDWARDS
PROPERTY
/ •
• „I.,'
•-,,
• -
/
D
.41
k • :KA
•
4 Is)1
13/
•
t
•
SAN. EASE. FROM
EDWARDS
•
1 •
ADJACENT
PROPERTY
OWNER IF
NECESSARY
ti
A
. -
• •
• '••
SAN. EASE. FROM
;-
1•.•••
•
;444
•'•,/
'
1169 .1:4
A
44.
. ,
-143
EXHIBIT la'
EXISTING PUBLIC ".
1449
EXHIBIT 2
INSURANCE SCHEDULE F
7
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub -Subcontractors
Class A:
Class B:
Class C:
INSURANCE SCHEDULE F
Asbestos Removal Fiber Optics Sanitary Sewers
Asphalt Paving Fire Protection Sheet Metal
Concrete Fireproofing Site Utilities
Construction Managers General Contractors Shoring
Cranes HVAC Special construction
Culverts Mechanical Steel
Decking Paving & Surfacing Storm sewers
Demolition Piles & Caissons Structural Steel
Deconstruction Plumbing Trails
Earthwork Retaining Walls Tunneling
Electrical Reinforcement Water main
Elevators Roofing
Chemical Spraying Landscaping Rough Carpentry
Doors, Window & Masonry Stump Grinding
Glazing Vehicular Snow Removal Tank Coating
Drywall Systems Painting & Wall Covering Tree Removal
Fertilizer Application Pest Control Tree Trimming
Geotech Boring Scaffolding Tuckpointing
Insulation Sidewalks Waterproofing
Finish Carpentry Plastering Well Drilling
Carpet Cleaning General Cleaning Power Washing
Carpet & Resilient Grass Cutting Tile & Terrazzo Flooring
Flooring Janitorial Window Washing
Caulking & Sealants Non Vehicular Snow &
Acoustical Ceiling Ice Removal
Filter Cleaning Office Furnishings
Page 1 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors May 2019
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
1. Contractor shall furnish a signed certificate of insurance to the department responsible for the
contract for the coverage required in Exhibit I prior to commencing work and at the end of the
project if the term of work is longer than 60 days. Contractors presenting annual certificates shall
present a certificate at the end of each project with the final billing. Each certificate shall be
prepared on the most current ACORD form approved by the Iowa Department of Insurance or an
equivalent approved by the Director of Finance and Budget or Designee. The certificate must
clearly indicate the project number, project name, or project description for which it is being
provided Eg: Project #
Project name: Edwards WahlenSanitary Sewer Construction Project or
Project Location at or
construction of
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 required shall be furnished to the Engineering Department of the City of
Dubuque.
4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a
waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required
insurance shall be considered a material breach of this contract.
5. Contractor 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.
Contractor 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
Contractor.
6. All required endorsements to various policies shall be attached to the certificate of insurance.
7. Whenever an ISO form is referenced the current edition must be provided.
8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or
other legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are
higher than the required minimum limit then the contractor's limits shall be this agreement's
required limits.
9. Contractor shall be responsible for deductibles and self -insured retention.
Page 2 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors May 2019
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $2,000,000
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" or CG 25 03 "Designated Construction Project(s) General
Aggregate Limit" as appropriate.
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).
6) The additional insured endorsement shall include completed operations under
ISO form CG 20 37 during the project term and for a period of two years after the
completion of the project.
7) 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
Coverage B
Statutory --State of Iowa
Employers Liability
Each Accident
Each Employee -Disease
Policy Limit -Disease
$100,000
$100,000
$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.
OR
Nonelection of Workers' Compensation or Employers' Liability Coverage under Iowa
Code sec. 87.22. Completed form must be attached.
Page 3 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors May 2019
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
C) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
D) UMBRELLA/EXCESS LIABILITY
Umbrella liability coverage must be at least following form with the underlying policies
included herein (General Liability, Automobile, Workers Compensation).
All Class A contractors with contract values in excess of $10,000,000 must have
umbrella/excess liability coverage of $10,000,000.
All Class A and Class B contractors with contract values between $500,000 and
$10,000,000 must have umbrella/excess liability coverage of $3,000,000.
All Class A and B contractors with contract values Tess than $500,000 must have
umbrella/excess liability coverage of $1,000,000.
All Class C contractors are not required to have umbrella/excess liability coverage.
All contractors performing earth work must have a minimum of $3,000,000 umbrella
regardless of the contract value.
E) POLLUTION LIABILITY
Coverage required: _ yes x no
Pollution liability coverage shall be required if project involves any pollution exposure for
hazardous or contaminated materials including, but not limited to, the removal of lead,
asbestos, or PCB's. Pollution product and complete operations coverage shall also be
covered.
Each Occurrence
Policy Aggregate
$2,000,000
$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 (completed operations)
or its equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
Page 4 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors May 2019
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
F) RAILROAD PROTECTIVE LIABILITY
Coverage required: _ yes X no
Any contract for construction or demolition work on or within fifty feet (50') from the edge
of the tracks of a railroad and affecting any railroad bridge, trestle, tracks, roadbeds,
tunnel, underpass, or crossing, for which an easement, license or indemnification of the
railroad is required, shall require evidence of the following additional coverages.
Railroad Protective Liability:
$
OR
each occurrence (per limits required by Railroad)
policy aggregate (per limits required by Railroad)
An endorsement to the Commercial General Liability policy equal to ISO CG 24 17
(Contractual Liability -Railroads). A copy of this endorsement shall be attached to the
certificate of insurance.
Page 5 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors May 2019
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
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 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.
SPECIMEN
Page 6 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors May 2019