Transient Boat Docks Feas Study
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MEMORANDUM
.-,
January 10, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: RFP for Transient Boat Docks Feasibility Study
The City has a budget of $301 ,784 for transient boat docks at the Port of Dubuque as
part of the Vision Iowa grant for the America's River project. These boat docks are
required by the vision Iowa grant.
To satisfy the Vision Iowa grant, City staff is recommending a phased approach with
construction of transient boat docks at two locations in the Port of Dubuque:
Phase 1 - Ice Harbor and Phase 2 - Main Channel near the railroad bridge and
Brewery.
Construction of transient boat docks in the Ice Harbor would satisfy the Vision Iowa
requirement. Construction of transient boat docks on the main river channel requires
several steps: (1) feasibility study, (2) preliminary master plan, (3) application for a
federal Boating Infrastructure Grant, (4) compliance with required permits, and
(4) construction of the docks.
Planning Services Manager Laura Carstens is recommending City Council approval of a
Request for Proposals for a Transient Boat Docks Feasibility Study at the Port of
Dubuque. This study is necessary for the City to compete in the Federal Boating
Infrastructure Grant Program.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic~ael c. Van Milligen
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
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MEMORANDUM
January 10, 2005
FROM:
Michael C, Van Milligen, City Manager
Laura Carstens, Planning Services Manager" ~
TO:
SUBJECT: RFP for Transient Boat Docks Feasibility Study
INTRODUCTION
This memo transmits for City Council review and approval, the enclosed Request for
Proposals (RFP) for a Transient Boat Docks Feasibility Study at the Port of Dubuque.
The Consultant Selection Committee for this RFP includes: Dawn Lang, Budget
Director; Cindy Steinhauser, Assistant City Manager; Pam Myhre, Acting Economic
Development Director; Bob Schiesl, Civil Engineer; Jean Nachtman, Assistant Finance
Director; and myself.
DISCUSSION
The City has a budget of $301,784 for transient boat docks at the Port of Dubuque as
part of the Vision Iowa grant for the America's River project. These boat docks are
required by the Vision Iowa grant. The Vision Iowa Board has granted the City of
Dubuque an extension for construction of the docks.
To satisfying the Vision Iowa grant, we are recommending a phased approach with
construction of transient boat docks at two locations in the Port of Dubuque: Phase 1 -
Ice Harbor and Phase 2 - Main Channel.
Construction of transient boat docks in the Ice Harbor would satisfy our Vision Iowa
requirement. The timeframe to construct boat docks on the main channel of the
Mississippi River would exceed the extension granted by the Vision Iowa Board.
Construction of transient boat docks on the main river channel requires several steps:
(1) feasibility study, (2) preliminary master plan, (3) application for a federal Boating
Infrastructure Grant, (4) compliance with required permits, and (4) construction of the
docks.
RFP for Transient Boat Docks Feasibility Study
Page 2
Feasibilitv Studv
A Transient Boat Docks Feasibility Study is necessary for the City to compete in the
federal Boating Infrastructure Grant Program. We anticipate the RFP would be issued
in late January 2005 and the study would be completed in July 2005.
The enclosed RFP outlines the following Scope of Services:
1. Transient Boat Docks Feasibility Study
a. Evaluate Existing Site and Conditions
b. Review Stakeholder List, Interview Questions, and Workshop Agenda with
Port of Dubuque Design Review Committee
c. Conduct Stakeholder Interviews (Optional)
d. Conduct Workshop #1 with Stakeholders
e. Identify Market Feasibility
f. Identify Operation and Maintenance Feasibility
2. Preliminary Transient Boat Docks Master Plan
a. Prepare a Preliminary Transient Boat Docks Master Plan with Design
Alternatives
b. Prepare Cost Estimates and Phasing for Each Design Alternative
c, Review Preliminary Transient Boat Docks Master Plan with Port of
Dubuque Design Review Committee
d. Conduct Workshop #2 with Stakeholders
e, Conduct Work Session with City Council to Review Design Alternatives
and Select Preferred Alternative
f. Refine Preferred Alternative for City Council Approval
3. Grant and Permitting Services
a. Prepare and Submit Tier 1/ Tier 2 Boating Infrastructure Grant Application
b. Prepare and Submit Regulatory Permit Applications
c. Prepare Environmental Assessment (if Needed)
d. Ensure City's Compliance with all Applicable Federal and State
Requirements
The estimated cost for this study is $75,000 to $100,000,
Boatina Infrastructure Grant application
An application for a Boating Infrastructure Grant is recommended for the Main Channel
boat docks, dependent on the results of the feasibility study. This program is a U.S. Fish
and Wildlife pass-through grant to the IDNR. The program supports the construction,
renovation or maintenance of tie-up facilities for transient, non-trailerable recreational
RFP for Transient Boat Docks Feasibility Study
Page 3
boats. Non-trailerable boats are 26 feet or more in length, The grant will fund up to 75%
of project costs, and is very competitive.
The Boating Infrastructure Grant Program has two tiers. Tier 1 is for grants up to
$100,000 and typically funds preliminary costs associated with construction of boating
infrastructure. Tier 1 grants can be used to fund preliminary costs associated with
completion of the Federal and State permitting processes, all required regulatory
studies, engineering, legal requirements, and administrative needs as a first phase for
construction of the transient boat docks. This is a statewide competition.
The larger Tier 2 grants can be used for the construction of slips and supporting
facilities for transient boaters. Tier 2 grants do not have a dollar limit, and typically are
used for the actual construction costs. For example, the Cities of Clinton, Iowa and
Fulton, Illinois received Tier 1 and Tier 2 grants of approximately $2 million for a marina
feasibility study and marina improvements for both cities.
Focus groups with key stakeholders would be held to help refine the design and build
partnerships for the Main Channel boat docks. Public and private partnerships as well
as multi-state efforts increase the competitiveness of a Boating Infrastructure Grant
application, The Boating Infrastructure Grant application for the Main Channel docks
would be submitted by September 2005.
RECOMMENDATION
Staff recommends that the City Council approve the enclosed Request for Proposals
(RFP) for a Transient Boat Docks Feasibility Study at the Port of Dubuque, and then
authorize staff to issue the RFP and coordinate selection of a qualified consultant.
The Consultant Selection Committee shall recommend the selection of a qualified
consultant to the City Manager, who in turn will make a recommendation to the City
Council. Final determination of the selected consultant will be made by the Council.
Enclosure
cc Dawn Lang, Budget Director
Cindy Steinhauser, Assistant City Manager
Pam Myhre, Acting Economic Development Director
Gus Psi hoyos, Acting Public Works Director/City Engineer
Bob Schiesl, Civil Engineer
Jean Nachtman, Assistant Finance Director
CITY OF DUBUQUE, IOWA
DATE
REQUEST FOR PROPOSALS
Transient Boat Docks Feasibility Study for the Port of Dubuque
INTRODUCTION
The City of Dubuque, Iowa is soliciting proposals from qualified professional
consulting firms to prepare a Transient Boat Docks Feasibility Study for the Port
of Dubuque.
It is anticipated that the time frame for the project will be approximately six (6)
months following the signing of a professional services agreement, subject to the
application deadlines for the Federal Boating Infrastructure (Tier 1 / Tier 2) Grant
Program. The selected consultant will be expected to complete the contracted
scope of work within the specified time frame, under the general direction and
coordination of the City's Engineering Department as authorized by the City
Council.
PROJECT OBJECTIVES
The Project Objectives are to conduct a Transient Boat Docks Feasibility Study
for constructing transient boat docks on the main channel of the Mississippi River
at the Port of Dubuque. The proposed location is along the shoreline adjacent to
the Brewery, An aerial photograph of the Port of Dubuque is enclosed.
If the Transient Boat Docks Feasibility Study indicates market and operational
feasibility, then a Federal Boating Infrastructure (Tier 1 / Tier 2) Grant Application
would be made. If successful in receiving the grant, the City would proceed with
final design and construction of the docks.
COMMUNITY BACKGROUND
The City of Dubuque is located on the Mississippi River in northeastern Iowa,
adjacent to Illinois and Wisconsin. The City is approximately 30 square miles in
area, with a population of approximately 60,000 persons. The City's annual
operating and capital budget is nearly $100 million and funds a full range of
services. The City's web site is www.citvofdubuQue.oro.
The community has a stable and diversified manufacturing base and a growing
service sector. Dubuque is the major retail, medical, education and employment
center for the tri-state area. Tourism continues to be a major economic force in
the community. City government works in collaboration with the private sector to
promote economic development. The job creation and unemployment numbers
show that Dubuque is holding steady in a very volatile economic climate.
Dubuque's construction numbers reveal an even more encouraging picture.
America's River
Establishing partnerships continues to playa key role in moving forward with
many of the City's long-range plans, The best example of this - the America's
River project at the Port of Dubuque - has been an amazing success. The
pairing of public and private investment dollars has changed the face of
Dubuque's riverfront. Through $188 million in private investment, Vision Iowa
dollars, and local, state and federal dollars, the America's River project has
moved from dream to reality.
The America's River project is perhaps the most significant new recreational
amenity for the City. Municipal venues open to the public include the Mississippi
Riverwalk Recreational Trail, a River's Edge Plaza, and an outdoor amphitheater at
the historic Dubuque Star Brewery,
A major recreation component of the America's River project is the National
Mississippi River Museum and Aquarium, which includes: an interpretive center for
the Upper Mississippi River Fish and Wildlife Refuge, a constructed wetlands, a
"Boat and Breakfast" in an historic steamboat, a river history museum in an historic
railroad freight house, and the City's remaining railroad depot. Other components of
the America's River project include the Grand Harbor Resort and Indoor Waterpark
and the Grand River Center, a conference and education center.
Information on these components of the America's River project at the Port of
Dubuque is available at these web sites: www.dubuQuechamber.com,
www.oreaterdubuQue.oro. and www.americasriver,oro.
Port of Dubuque
The recent planning effort for the Port of Dubuque included: examination of
existing real estate dynamics, evaluation of development opportunities, and
creation of a master plan with design standards. Adopted in March 2002, the Port
of Dubuque Master Plan supports the creation of a mixed-use development with
commercial, recreational, educational and residential uses.
The Port of Dubuque Master Plan established development design standards to
regulate both existing and future development in the Port of Dubuque. The Port
of Dubuque Design Review Committee established by City Council meets
monthly to work citizens, property owners and others to promote the plan and
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review projects for compliance with the Port of Dubuque design standards,
Committee members include representatives from the Convention and Visitors
Bureau, the Dubuque County Historical Society, the Greater Dubuque
Development Corporation, Platinum Hospitality (the hotel/ waterpark developer),
and the City's Planning Services Department, Economic Development
Department, Engineering Department, and City Manager's Office. This
Committee will meet with the consultant during the course of the project to
provide input and recommendations.
An environmental assessment, including a mussel survey, has been completed
for a dredging permit at the proposed site for constructing transient boat docks
on the main channel of the Mississippi River at the Port of Dubuque.
PROJECT SCOPE OF SERVICES
The following information describes specific minimum components which should
be included in the Scope of Services, The consultant should describe the means
or strategy by which the consultant would satisfy the Scope of Services, and/or
an alternative or hybrid strategy recommended by the consultant - what process
and outcomes the consultant would suggest to make the project better.
The City is open to suggestions other than those listed in this proposal, which
consultants believe would be of value to producing a Transient Boat Docks
Feasibility Study for the Port of Dubuque. The final scope of work is expected to
be finalized with the selected consultant.
1. Transient Boat Docks Feasibility Study
a. Evaluate Existing Site and Conditions
b. Review Stakeholder List, Interview Questions, and Workshop
Agenda with Port of Dubuque Design Review Committee
c. Conduct Stakeholder Interviews (Optional)
d. Conduct Workshop #1 with Stakeholders
e. Identify Market Feasibility
f. Identify Operation and Maintenance Feasibility
2. Preliminary Transient Boat Docks Master Plan
a. Prepare a Preliminary Transient Boat Docks Master Plan with
Design Alternatives
b. Prepare Cost Estimates and Phasing for Each Design Alternative
c. Review Preliminary Transient Boat Docks Master Plan with Port of
Dubuque Design Review Committee
d. Conduct Workshop #2 with Stakeholders
e. Conduct Work Session with City Council to Review Design
Alternatives and Select Preferred Alternative
f. Refine Preferred Alternative for City Council Approval
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3. Grant and Permitting Services
a. Prepare and Submit Tier 1 / Tier 2 Boating Infrastructure Grant
Application
b. Prepare and Submit Regulatory Permit Applications
c. Prepare Environmental Assessment (if Needed)
d. Ensure City's Compliance with all Applicable Federal and State
Requirements
CITY RESOURCES
Citv Resources Available to the Consultant:
The City will make its ArcView GIS mapping and data analysis capabilities
available for this project as well as staff contact/resources persons in the
Planning Services Department and in the Engineering Department.
Material included with the RFP:
. Aerial Photography of the Port of Dubuque
. CADD line work drawings of the Port of Dubuque and Riverwalk as-built
plans
. Environmental Assessment for Dredging Permit
. Port of Dubuque Master Plan and Design Standards
INFORMATION TO BE INCLUDED IN PROPOSAL
The Proposal should address all of the points outlined in this Request for
Proposal (RFP) excluding any cost information which should only be included in
a separate sealed envelope labeled "Project Cost Estimate". The proposal
should be prepared simply and economically, providing a straight forward,
concise description of the firm's capabilities to satisfy the requirements of the
RFP.
To simplify the review process and to obtain the maximum degree of
comparability, the proposal shall include the following information and shall be
organized in the manner specified below. While additional data may be
presented, the following subjects must be included. They represent the criteria
against which the proposal will be evaluated,
Letter of Transmittal
Provide a letter of transmittal briefly outlining the consultant's understanding of
the work and the name, address, telephone number, fax number and email
address of the consultant's primary contact person.
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Profile of Firm
Provide general information about the firm and its area of expertise as regards
this RFP. including the qualifications of the Project Manager and other key
personnel who would be assigned to the project. State the size of the firm, the
size of the firm's professional staff, the location of the office from which the work
on this project is to be performed, and the number and nature of professional
staff to be employed on a part-time basis. Indicate other information that will
reflect the philosophy of the firm regarding its approach to this project and how
this approach will result in the successful completion of the project.
Discuss the firm's ability to integrate this project into the firm's present workload.
A statement should also be included with regard to whether the consulting team
currently has the capacity to undertake the project or whether it intends to
engage additional staff or team members.
Proposal Qualifications
List the names of the anticipated Project Manager and other key personnel
associated with the project and their qualifications and experience. Identify the
principal supervisory and management staff, including partners, managers, other
supervisors and subject matter experts who would be assigned to this project.
Provide as much information as possible regarding the number, qualifications,
training, and any relevant continuing and professional education of the specific
staff to be assigned to this project.
Project Manager, partners, management, other supervisory staff and specialists
may be changed if those personnel leave the firm. These personnel may also be
changed for other reasons with express written permission of the City of
Dubuque; however, in either case, the City retains the right to approve or reject
replacements. Other personnel may be changed at the discretion of the
consultant, provided that the replacements have substantially the same or better
qualifications or experience.
Describe the experience and success of the firm, as well as the key personnel
proposed for Dubuque project, in performing similar projects, including
experience and success in working with Transient Boat Docks feasibility studies
in cities similar to Dubuque.
Include at least 3 client references (including individual contacts and telephone
numbers) with similar projects that have been completed in the last five (5) years,
List the names of the key personnel proposed for Dubuque project who worked
on the referenced projects.
Describe the name and location of other sub-consulting firms that would be used
by the firm in the project and the approximate percentage of the work that would
be performed by each of these firms. Include the experience and qualifications of
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the sub-consultant firm and its key personnel in working on similar projects.
Identify any minority or women-owned business enterprises.
Certificate of Insurance
The selected firm will be required to meet the City's insurance requirements for
professional services (see attached Insurance Schedule C),
Scope of Services
Describe the means or strategy by which the consultant would satisfy the Scope
of Services, and/or an alternative or hybrid strategy recommended by the
consultant - what process and outcomes the consultant would suggest to make
the project better.
Include a section which establishes a work plan for the firm's approach to the
completion of the project. The work plan, at a minimum, should include those
components outlined in the RFP, The consultant should indicate in the proposal
those aspects that might be completed by City staff or interns. All results from
this project will remain the property of the City of Dubuque.
Proposed Proiect Schedule
Provide a project schedule outlining the time period and estimated completion
date of the proposed scope of work. This should include a schedule for and
description of all deliverable products throughout the period, Products should be
delivered in hardcopy and electronic formats compatible with the City's computer
software and hardware, It is the intent of the City that the project will be
completed within approximately 6 to 12 months of signing a contract.
Fees and Compensation
Provide a proposed cost plus expenses budget for completion of the proposed
scope of services with cost breakdowns by scope element. Include hourly rates
of personnel to be assigned to the project. The consultant should also include in
the proposal their typical schedule or reimbursable activities and associated
expense.
Quotation of fees and compensation shall remain firm for a period of at least 90
days from the RFP submission deadline.
Please separate the proposed budget from the other portion of the RFP
submittal, Initial screening will be done without knowing the consultant's
proposed fee for services.
SUBMISSION REQUIREMENTS
An original plus seven (7) copies of the proposal labeled Transient Boat Docks
Feasibility Study for the Port of Dubuque must be received in the office of the
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City of Dubuque's Engineering Department, 50 W. 13th Street, Dubuque, Iowa
52001 no later than 5:00 p.m. on or before , 2005.
Proposals should be addressed to Robert Schiesl, P.E., Civil Engineer, at the
above address. Questions can be directed to Mr. Schiesl by telephone at (563)
589-4270, by fax at (563) 589- 4205, or by email at bschiesl@citvofdubuaue.oro.
There should be no dollar units or total cost included in the proposal document.
All cost proposals should be submitted with the proposal in a separate sealed
envelope labeled "Project Cost Estimate".
Each consultant assumes full responsibility for delivery and deposit of the
completed proposal package on or before the deadline. The City of Dubuque is
not responsible for any loss or delay with respect to delivery of the proposals.
The City of Dubuque reserves the right to reject any and all proposals and to
negotiate changes with any consultant. The City of Dubuque is not liable for any
cost incurred by any consultant prior to the execution of an agreement or
contract. Nor shall the City of Dubuque be liable for any costs incurred by the
consultant that are not specified in any contract. The City of Dubuque is an Equal
Employment Opportunity Employer.
EVALUATION CRITERIA
Proposals will be screened to ensure that they meet the minimum requirements
of the proposal format. A selection committee will review qualifying proposals,
and may interview the short-listed firms. The following criteria are among those
that will be used to evaluate submitted proposals.
1, A high level of professional competence and a proven track record in the
preparation of transient boat docks feasibility studies:
a. Qualifications and experience of the firm and any sub-consultants.
b. Demonstration of professional and technical expertise and
experience of the principal consulting staff and sub-consulting staff
that will work on the project.
c. If a joint venture, the track records of team members' experience
working together.
2, Design approach/methodology in completing scope of services:
a, Grasp of project requirements and level of interest.
b. Creativity and problem solving ability.
c. Ability of consultant team to demonstrate initiative, motivation and
knowledge of the City of Dubuque,
3, Responsiveness and compatibility between consultants and City:
a. General attitude and ability to communicate.
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b, Ability to listen, be flexible, and follow and/or implement direction
and/or ideas or concepts.
c, How the consultant team interacts with the general public, City
staff, and public officials.
4, Ability of the consultant to maintain a high level of direct interaction and
communication with City officials.
5. Public facilitation capabilities and experience working with the public in
preparing Transient Boat Docks feasibility studies.
6. Quality of the proposal. The proposal should clearly demonstrate
understanding of the City's overall objectives in the preparation of the
Transient Boat Docks Feasibility Study for the Port of Dubuque.
7. Cost of preparing the Transient Boat Docks Feasibility Study for the Port
of Dubuque in relationship to the services offered.
8. Proposed schedule required to complete project.
9. Review of references and work product.
The committee shall recommend the selection of a successful consultant to the
City Manager, who in turn will make a recommendation to the City Council. Final
determination of the selected consultant will be made by the City Council.
R
SCHEDULE C
INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
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 of
better in the current AM. Best Rating Guide.
2. All policies of insurance shall be endorsed to provide a thirty (30) day
advance notice of cancellation to the City of Dubuque if cancellation is
prior to the expiration date. This endorsement supersedes the standard
cancellation statement on the Certificate of Insurance.
3.
shall fumish a 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) Thirty day notice of cancellation to the City of Dubuque.
b) Commercial General Liability policy is primary and non-contributing.
c) Commercial General Liability additional insured endorsement.
d) Govemmentallmmunities Endorsement.
e) Waiver of Recovery under workers compensation.
shall also be required to provide Certificates of
Insurance of all subcontractors and all sub-sub contractors who perform work or
services pursuant to the provisions of this contract. Said certificates shall meet
the same 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 coveragellimits or
greater if required by law or other legal agreement:
a) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit
Products-Completed Operations Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (anyone occurrence)
Medical Payments
$2,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000
This coverage shall be written on an occurrence, not claims made, form
per project, All deviations or exclusions from the standard ISO
Q
commercial general liability form CG 0001 or Businessowners BP 0002
shall be clearly identified.
Govemmentallmmunity endorsement identical or equivalent to form
attached.
An additional insured endorsement identical or equivalent to ISO Form
CG 2026 and include as additional insureds: "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."
b) WORKERS COMPENSATION & EMPLOYERS LIABILITY
Statutory for Coverage A
Employers liability:
$100,000 each accident
$100,000 each employee-disease
$500,000 policy limit--<lisease
Policy shall include an endorsement waiving right of recovery
against City of Dubuque.
c) PROFESSIONAl LIABILITY:
d) UMBRELlAIEXCESS LIABILITY
$1,000,000
Coverage to be determined on a case-by-case basis by Finance Director.
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POLICY NUMBER
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART,
SCHEDULE
Name of Person Or Organization:
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,
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule as an insured but only with respect to liability arising out of
your operations or premises owned by or rented to you.
Coovrioht. Insuranee Services Office. Ine 1994
CG20261185
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CITY OF DUBUQUE. IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
1.
Nonwaiver of Governmentallmmunitv. 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 Coveraoe. 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 Immunitv. 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 Coveraae. 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 Chanoe in Policv. The above preservation of governmental immunities
shall not otherwise change or alter the coverage available under the policy.
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