Loading...
Signed Contracts_ Bunker Hill Golf Course Irrigation ConsultantMasterpiece on the Mississippi TO: FROM: SUBJECT: DATE: INTRODUCTION BACKGROUND ACTION REQUESTED MLW:et attachment Michael C. Van Milligen, City Manager Marie L. Ware, Leisure Services Manage Bunker Hill Golf Course Irrigation Consultant June 24, 2010 Dubuque kard 110-Ame Ica City Iliir 2007 The purpose of this memorandum is to request your approval of contracting with .Erik Christiansen Design Group, Ltd. for Bunker Hill Golf Course irrigation consultant services. The FY 2011 approved C.I.P. budget includes $180,000 to replace phase one of the Bunker Hill Golf Course irrigation system. This project is funded with $100,000 from the golf course enterprise fund and the remaining from the general fund. Included in the budget is $20,000 for design and engineering. The Erik Christiansen Design Group of West Des Moines, Iowa is a design company specializing in comprehensive golf and commercial irrigation design and has completed over 50 renovation projects throughout the country. The firm also worked with golf course architect during the Bunker Hill Golf Course 2003 Master Plan report and is familiar with our existing irrigation system. The firm services, indicated in exhibit A, page 5 of the agreement, will provide us the required and necessary elements of bidding the project for construction this fall and also provide options on future phases of irrigation system renovation. Barry Lindahl, City Attorney has reviewed the agreement and suggested a few revisions which Eric Christiansen Design Group, Ltd. has agreed to and modified the attached agreement. The agreement amount is $7,500.00. We request your approval of entering into this agreement with Erik Christiansen Design Group, Ltd. by signing this document. ERIK CHRISTIANSEN DESIGN GROUP, LTD. 1 SERVICES AGREEMENT 11 THIS AGREEMENT between Erik Christiansen Design Group, Ltd., P.O. Box 65036, West Des Moines, Iowa 50265 ( "Irrigation Consultant ") and the City of Dubuque, Iowa ( "Client ") and is entered into on the date signed by Irrigation Consultant. The parties agree as follows: 1. Irrigation Consultant's Services. a. Irrigation Consultant agrees to provide Client professional services for the irrigation improvement for the project described on Exhibit A attached hereto (the "Project "). The services to be provided are itemized on Exhibit A ( "Services "). Client has reviewed the Services and agrees that the Services represent the scope of work Irrigation Consultant is to perform. b. Additional Services beyond the foregoing services may be provided if confirmed in writing by Client. c. Irrigation Consultant agrees to provide its professional services in accordance with generally accepted standards of its profession. Irrigation Consultant agrees to put forth reasonable efforts to comply with codes, laws and regulations in effect as of the date of this Agreement. d. Notwithstanding any other term in this Agreement, Irrigation Consultant shall not control or be responsible for another's means, methods, techniques, schedules, sequences or procedures, or for construction safety or any other related programs, or for another's failure to complete the work in accordance with the plans and specifications. e. Any construction -phase services will only be provided to determine the general progress of the work, but will not include supervision of the contractors, or of their means, methods, techniques, schedules, sequences or procedures, or for construction safety or any other related programs. Irrigation Consultant maintains the duty to recommend that Client reject work that does not appear to conform generally to the plans and specifications. Irrigation Consultant shall not have any liability for recommendations made in good faith. f. The Irrigation Consultant's diagrammatic plans and specifications contain a design build element and are not intended to contain all detailed information requested and necessary for the installation of the work. The plans and specifications may be changed for modification throughout the Project. Any changes after final design shall be Additional Services. g. Irrigation Consultant shall render its services as expeditiously as is consistent with professional skill and care. During the course of the Project, anticipated and unanticipated events may impact any Project schedule. 2. Client's Responsibilities a. Client agrees to provide Irrigation Consultant with all information, plans, drawings, surveys, reports, documentation, and professional recommendations requested by Irrigation Consultant to provide its professional services. Irrigation Consultant shall rely solely on the accuracy and completeness of these items. b. Client agrees to advise Irrigation Consultant of any known or suspected contaminants at the Project site. Client shall be solely responsible for all subsurface soil conditions unless otherwise agreed to in writing. c. Client will obtain and pay for all necessary permits from authorities having jurisdiction over the project. Irrigation Consultant can assist Client with this obligation by assisting in completing and submitting appropriate paperwork and forms to governing authorities. d. Client agrees to provide the items described in this Agreement and to render decisions in a timely manner so as not to delay the orderly and sequential progress of Irrigation Consultant services. 3. Compensation and Payments a. Client agrees to pay Irrigation Consultant for Services and Additional Services as set forth on Exhibit A. b. Client agrees to pay Irrigation Consultant Reimbursable Expenses including but not limited to the following: blue printing, duplicating, plotting of documents for reproduction, mileage, airfare, postage and long distance calls. c. Irrigation Consultant shall bill Client for Services and Reimbursable Expenses once a month. All payments are due upon receipt of invoice. A service charge of 1.5% per month will be charged on all amounts due more than 30 days after the date of invoice. 4. Termination a. Either Client or Irrigation Consultant may terminate this Agreement with or without cause upon thirty days written notice. b. If terminated, Client agrees to pay Irrigation Consultant for all Services rendered and Reimbursable Expenses incurred up to the date of termination. c. Irrigation Consultant may suspend the performance of its services if Client fails to pay Irrigation Consultant in full for services rendered or expenses incurred. Irrigation Consultant shall have no liability because of such suspension of service or termination due to nonpayment. 5. Ownership of Documents a. All instruments of professional services prepared by Irrigation Consultant including but not limited to, drawings and specifications are the property of the Client, and these 2 6. documents shall not be reused on other projects without an Irrigation Consultant's written permission. Irrigation Consultant hereby assigns all rights, including the copyright in its documents to Client. b. Irrigation Consultant reserves the right to include representations of the Project in its promotional and professional materials. Governing Law a. This Agreement is governed by the law of the state of Iowa. 7. Entire Agreement and Severability a. This Agreement is the entire and integrated agreement between Client and Irrigation Consultant and supersedes all prior negotiations, statements or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Client and Irrigation Consultant. b. In the event that any term or provision of this Agreement is found to be void, invalid or unenforceable for any reason, that term or provision shall be deemed to be stricken from this Agreement, and the balance of this Agreement shall survive and remain enforceable. 8. No Assignment a. Neither party can assign this Agreement without the other party's written permission. 9. Indemnification a. Client agrees to indemnify, defend and hold Irrigation Consultant harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and all legal expenses and fees incurred on appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of any damages or losses to property or persons, including injury or death, or economic losses, arising out of the Project and /or the performance or non - performance of obligations under this Agreement, except to the extent such damages or losses are found by a court or forum of competent jurisdiction to be caused by Irrigation Consultant's negligent errors or omissions. b. To the fullest extent permitted by law, Irrigation Consultant shall indemnify and hold harmless Client from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of this Agreement, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting there from, but not only to the extent caused in whole or in part by negligent acts or omissions of the Irrigation Consultant's subcontractor or anyone for whose acts Irrigation Consultant or Irrigation Consultant's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense in part by a party indemnified hereunder. 10. Waivers of Consequential Damages and Subrogation a. Client and Irrigation Consultant waive all claims to consequential damages for any claims or disputes arising out of or relating to this Agreement. 3 11. No Third Party Beneficiaries a. Nothing in this Agreement is intended to create a contractual relationship for the benefit of any third party. There are no intended beneficiaries of this Agreement except Irrigation Consultant and Client. 12. Expiration of Proposal 13. Insurance By Dated: If this Agreement is not accepted within thirty (30) day, the offer to perform the described services is withdrawn and shall be null and void. a. Irrigation Consultant shall provide and maintain at all times during the performance of this Agreement insurance as required by the attached Insurance Schedule. IRRIGATION CONSULTANT CLIENT Name: Name: Erik Christiansen Design Group, Ltd. Address: Erik Christiansen, President 4 By: Dated: l'• 0 ?ft 0 EXHIBIT Al Mr. Patrick Prevenas City of Dubuque - Leisure Service Dept. 2200 Bunker Hill Road Dubuque, IA 52001 ARTICLE 1: PROJECT That the Client does hereby consider employing the Irrigation Consultant to render professional services for the irrigation improvement of "Bunker Hill Golf Course Irrigation Project" to the extent and kind defined in Article 2, below. ARTICLE 2: SERVICES The professional service of the Irrigation Consultant shall be as follows: PHASE 1- DESIGN DEVELOPMENT — CONTRACT DOCUMENTS (1 Site Visit) • Review Existing Documentation • Compile Computer Generated Data Base • Pump Station & Water Source Analysis • Hydraulic Piping Calculations ♦ Irrigation Product Application and Analysis • Outline Specification ♦ Budgetary Costs • Pump Plant With Technical Drawings * - as required ♦ Final Diagrammatic Construction Documents & Specifications • Bidding Support • Bid Tabulation & Contractor Recommendations TOTAL PROFESSIONAL SERVICES & ASSOCIATED FEES $7,500.00 *Consulting fee includes golf irrigation plans and specifications. Owner's Engineer will be responsible for all structural and electrical /mechanical engineering if required. **Plus all related travel and re /mbursab /e expenses. ARTICLE 3: ADDITIONAL SERVICES & PAYMENT The Client agrees to pay the Irrigation Consultant for professional services as follows: 1. All work shall be billed on a monthly basis after completion of the Items described in Article 2. Fees as specified in the above phase. 2. A fee of .55 per mile, or airfare, plus all related expenses, shall be payable for all field trips to the site as requested by the Client, as stated in the Service Agreement. All additional fees and Additional Services above and beyond the stated Phases shall be billed at a rate of $125.00 per hour. 5 INSURANCE SCHEDULE C INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE 1. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A better in the current A.M. Best Rating Guide. 2. All Certificates of Insurance required hereunder shall provide a thirty (30) day notice of cancellation to the City of Dubuque, except for a ten (10) day notice for non- payment, if cancellation is prior to the expiration date. 3. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such Certificates shall include copies of the following endorsements: a) Commercial General Liability policy is primary and non - contributing. b) Commercial General Liability additional insured endorsement. c) Governmental Immunities Endorsement. , shall upon request, provide Certificates of Insurance for all subcontractors and sub -sub contractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the insurance requirements as required of 4. Each certificate shall be submitted to the contracting department of the City of Dubuque. 5. Failure to provide minimum coverage 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 agreement. 6. Contractor shall be required to carry the following minimum coverage /limits or greater if required by law or other legal agreement: 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 Limit $1,000,000 Fire Damage limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 1 of 2 January 2008 INSURANCE SCHEDULE C (Continued) INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE This coverage shall be written on an occurrence form, not claims made form. All deviations or exclusions from the standard ISO commercial general liability form CG 0001 or Business owners BP 0002 shall be clearly identified. Form CG 25 04 03 97 'Designated Location (s) General Aggregate Limit' shall be included. Governmental Immunity endorsement identical or equivalent to form attached. Additional Insured Requirement: 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 shall be named as an additional insured on General Liability including "ongoing operations" coverage equivalent to ISO CG 20 10 07 04. b) Automobile $1,000,000 combined single limit. c) WORKERS COMPENSATION & EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability: Each Accident $ 100,000 Each Employee Disease $ 100,000 Policy Limit Disease $ 500,000 d) PROFESSIONAL LIABILITY $1,000,000 e) UMBRELLA/EXCESS LIABILITY * *Coverage and/or limit of liability to be determined on a case -by -case basis by Finance Director. Completion Checklist ❑ Certificate of Liability Insurance (2 pages) ❑ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages) ❑ Additional Insured CG 20 10 07 04 ❑ Governmental Immunities Endorsement 2 of 2 January 2008 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR LTR ADD'L INSRO TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE DATE(MMJDD/YY) POUCY EXPIRATION DATE(MMIDO/YY) LIMITS A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY ' INSURER 8: EACH OCCURRENCE $ 1,000,000 PREMISES (Ea $ 50,000 INSURER E: I CLAIMS MADE X OCCUR MED EXP (Any one person) S 5,000 PERSONAL 8 ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GUM AGGREGATE LIMIT APPLIES PER — 1 POLICY 1 I PL I LOC PRODUCTS - COMP/OP AGG $ 1,000,000 A AUTOMOBILE X _ UABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) S 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA X LIABILITY 1 OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S D ��/'�( tile +/►� EACH OCCURRENCE _ AGGREGATE $ 1,000,000 $ 1,000,000 S $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE Oyes, describe under EXCLUDED? If yes, describe under SPECIAL PROVISIONS below S I. `J / f V y O .� O � 1 j X TORY IAMfT81 ' ER E.L EACH ACCIDENT S 100,000 E.L DISEASE - EA EMPLOYEE E 100,000 EL DISEASE - POLICY LIMIT $ 500,000 A OTHER professional Liability $1,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Dubuque is an additional insured on general liability policies including ongoing S completed operations coverage equivalent to ISO CG 2010 0704 i CG 2037 0704. General Liability policy is primary & non - contributing. Form CO 2504 0397 "Designated Locations" general liability aggregate limit is included. Governmental immunities endorsement is included. ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 12/7/2007 PRODUCER (563)123 -4567 Insurance Agency Street Address City FAX (563) 987 -6543 ST Zip Code THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Company Street CitV St Zip Code INSURER A Insurance Company INSURER 8: INSURER C INSURER D: INSURER E: COVERAGES CERTIFICATE HOLDER CANCELLATION City of Dubuque 50 West 13th Street Dubuque, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) INS025 (0108)_06 AMS VMP Mortgage Solutions. Inc. (800)327 -0545 $ ACORD CORPORATION 1988 Page 1 of2 ACORD 25 (2001108) 1NS025 t010e06 AMS IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Page 2 012 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25 04 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): ANY AND ALL COVERED LOCATIONS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to operations at a single desig- nated "location" shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated "location ", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except dam- ages because of "bodily injury" or "property damage" included in the "products- completed operations hazard ", and for medical expenses under COVERAGE C regardless of the num- ber of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- nated "location ". Such payments shall not re- duce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggre- gate Limit for any other designated "location" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents • under COVERAGE C (SECTION t), which can- not be attributed only to operations at a single designated "location" shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Location General Aggregate Limit. CG 25 04 03 97 Page 1 of 2 CG 25 04 03 97 C. When coverage for liability arising out of the "products - completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard" will reduce the Products - Completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Location Gen- eral Aggregate Limit. D. For the purposes of this endorsement, the Defi- nitions Section is amended by the addition of the following definition: Copyright, Insurance Services Office, Inc., 1996 "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of -way of a railroad. E. The provisions of Limits Of Insurance (SECTION 111) not otherwise modified by this endorsement shall continue to apply as stipulated. Page2of2 CG25040397 Name Of Additional Insured Person(s) Or Organization(s): 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. Location(s) Of Covered Operations Information required to complete this Schedule, If not shown above, will be shown in the Declarations. POLICY NUMBER: This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. fhe acts or omissions of those acting on your behalf; CG 20 10 07 04 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "IA ovcrty da.uage" occurring after: Page 1 of 2 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 © ISO Properties, Inc., 2004 CG 2010 07 04 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurance carrier 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 insurance carrier 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 insurance carrier. 4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier 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 1 of 1 January 2008