Signed Contract_Dubuque County for Federal Buidling Space Copyrighted
August 19, 2019
City of Dubuque Consent Items # 25.
ITEM TITLE: Signed Contracts
SUMMARY: Blackstone Environmental (2)forenvironmental support
services and Chromium VI Data Review at the Water
Treatment Plant; Dubuque County Lease Agreement for
Federal Building space; Eastern IowaAsphalt
Maintenance, I nc. for resurfacing/restriping 6 surface lots;
Kone Elevator Maintenance Renewal Agreement;
563Design Amendment No. 3 for Multicultural Family
Center; IIW Professional Services Inspection Contractfor
Roosevelt Street Water Tower Project; James Orr Coating
I nspection, LLC for Roosevelt St. Water Tower Technical
Coating Inspection Services; Racom 800Mhz Radio
Agreement.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Blackstone Environmental - Vapor Study Consulting Supporting Documentation
Engineering Services
Blackstone Environmental - Chromium 6 Data Review Supporting Documentation
and Consulting Engineering Services
Dubuque County LeaseAgreementfor Federal Supporting Documentation
Building Space
Eastern IowaAsphalt Maintenance, Inc. for Surface Supporting Documentation
Lots.
Kone Elevator Maintenance Renewal Agreement Supporting Documentation
563Design Amendment No. 3 for MFC Supporting Documentation
I I W , P.0 Amendment No. 1 for Roosevelt Street Water Supporting Documentation
Tower Project Engineering Services
James Orr Coating I nspection, LLC for Roosevelt St. Supporting Documentation
Water Tower Coating Inspection Services
Racom 800Mhz Radio Agreement Supporting Documentation
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE COUNTY, IOWA
This Lease Agreement (the Lease), dated for reference purposes the 1 st day of
July, 2019, is entered into by and between the City of Dubuque, lowa (Landlord) whose
address for the purpose of this Lease is 50 West 13th Street, Dubuque IA 52001, and
Dubuque County, lowa (Tenant) whose address for the purpose of this Lease is 3rd Floor,
Dubuque County Courthouse, 720 Central Avenue, Dubuque, IA 52001.
SECTION 1. PREMISES AND TERM. Landlord, in consideration of the rents,
agreements, and conditions herein contained, leases to Tenant and Tenant leases from
Landlord, according to the terms of this Lease, the following described premises (the
Leased Premises) situated in Dubuque County, lowa:
Room(s) 301, 306, 308, and 309 which comprise One Thousand One
Hundred Twenty-Three (1,351) square feet on the third floor Federal
Building, located at 350 West 6t" Street, Dubuque, lowa 52001
Use of conference room which is available to all tenants
with the improvements thereon, and all rights, easements and appurtenances, which,
more particularly, includes the space and premises as may be shown on attached Exhibit
A, for a term of one (1) year (the Term), commencing July 1, 2019, and ending at 11:59
p.m. June 30, 2020, upon the condition that Tenant pays rent therefor, and otherwise
perForms as in this Lease provided.
SECTION 2. RENTAL. Tenant agrees to pay to Landlord as rental for the Term as
follows:
Lessee will pay to Lessor as monthly rent for the Leased Premises the sum of One
Thousand Four Hundred Fifty-Two and 10/100 dollars ($1,576.17) ($14.00/sq. ft.) (the
Base Rent) commencing on July 1, 2019 and on the 1St day of each month thereafter
during the Term of this Lease. All sums must be paid to the Finance Department at the
address of Landlord, as above designated, or at such other place in lowa, or elsewhere,
as Landlord may, from time to time, designate in writing. Delinquent payments will draw
interest at 9% per annum from the due date, until paid.
SECTION 3. POSSESSION. Tenant will be entitled to possession on the first day of
the Term of this Lease, and must yield possession to Landlord at the end of the Term,
except as herein otherwise expressly provided. Should Landlord be unable to give
possession on said date, Tenant's only damages will be a rebating of the pro rata rental.
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SECTION 4. USE OF PREMISES. Tenant covenants and agrees during the Term of
this Lease to use and to occupy the Leased Premises only for the business use of the
Dubuque Drug Task Force.
SECTION 5. QUIET ENJOYMENT. Landlord covenants that its estate in said Leased
Premises is in fee simple and that Tenant, if not in default, will peaceably have, hold and
enjoy the Leased Premises for the Term of this Lease. Landlord has the right to mortgage
all of its right, title, and interest in the Leased Premises at any time without notice, subject
to this Lease.
SECTION 6. EQUIPMENT, DECORATING, REPLACEMENT, REPAIR AND
MAINTENANCE.
6.1 Definitions.
(1) "Maintain" means to clean and keep in good condition.
(2) "Repair" means to fix and restore to good condition after damage,
deterioration or partial destruction.
6.2 Conditions of Premises. Tenant takes the Leased Premises in its present
condition, except for such repairs and alterations as may be expressly otherwise provided
in this Lease.
6.3 Repairs and Maintenance.
(1) Landlord must replace and repair the structural parts of the building. For
purposes of this Lease, the structural parts of the building are the foundation,
exterior walls, load bearing components of interior floors and walls, the roof and all
sewers, pipes, wiring and electrical fixtures outside of the structure.
(2) Landlord is responsible for maintenance of all common area under
Landlord's control. Tenant is responsible for all maintenance within the Leased
Premises.
(3) Each party must perForm its responsibilities of repair and maintenance to
the end that the Leased Premises will be kept in a safe and serviceable condition.
Neither party will permit nor allow the Leased Premises to be damaged or
depreciated in value by any act, omission to act, or negligence of itself, its agents
or employees.
6.4 Equipment, Decoratinq and Alterations.
(1) The following items of equipment, furnishings and fixtures will be supplied
a�����x��t�'o���t��e�9��1C?T1�l�INIWat/ - L�6 �l�N3J�13W� �S�NOHd
ti001-t'OOZ9 dM01 `3(1�f18f14- b001 X08 Od-1�3�I1S dM01 OLL
a31N��1N�W3��iO�N� M`d� �flb(18f14
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�(�ndaQ �aiu� `���INI�1 '1 al�'da dd!aaUS `I�43NN��1 '� Hd�SOf
Blinds: Landlord
Carpet: Landlord
(2) Any equipment, furnishings or fixtures to be supplied by Tenant are subject
to Landlord's priorwritten approval as to quality and method of installation. Tenant
will provide all trade equipment, furnishings and fixtures used in connection with
the operation of its business, such as telephones, computers, desks, chairs,
shelving and similar items.
(3) Tenant is responsible for all interior decorating. Tenant may not make any
structural alterations or improvements without the prior written consent of Landlord.
6.5 Americans With Disabilities Act. Tenant will make no unlawful use of the Leased
Premises and agrees to comply with all valid regulations of the Board of Health, City
Ordinances, the laws of the State of lowa and the federal government, but this provision
is not be construed as creating any duty by Tenant to members of the general public,
provided, however, responsibility for compliance with the Americans with Disabilities Act
will be performed and paid for by the parties as follows:
Common areas Landlord: 100%
Tenants' area �
Initial compliance (specify) Landlord: 100%
Future compliance Landlord: 100%
SECTION 7. UTILITIES, SERVICES, PROPERTY TAXES. Utilities and services will
be furnished and paid for by the parties as follows:
PROVIDED BY: PAID BY:
% Landlord % Tenant
Electricity Landlord 100 0
Gas Landlord 100 0
Water and Sewer Landlord 100 0
Garbage/Trash Landlord 100 0
Property Taxes Tenant 0 100
Janitor/Cleaning Tenant 0 100
Common areas Landlord 100 0
Other: Tenant 0 100
Tenant agrees to reimburse Landlord for the property taxes attributable to the Leased
Premises and paid by Landlord within thirty (30) days after receipt of a statement from
Landlord for such property taxes.
SECTION 8. TERMINATION, SURRENDER OF PREMISES AT END OF TERM --
REMOVAL OF FIXTURES.
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�.1 Termination. This Lease will terminate upon expiration of the original Term.
8.2 Surrender. Tenant agrees that upon termination of this Lease it will surrender and
deliver the Leased Premises in good and clean condition, except the effects of ordinary
wear and tear and depreciation arising from lapse of time, or damage without fault or
liability of Tenant.
8.3 Holdinq Over. Continued possession by Tenant, beyond the expiration of its
tenancy, coupled with the receipt of the specified rental by Landlord (and absent a written
agreement by both parties for an extension of this Lease, or for a new lease)will constitute
a month to month extension of this Lease.
8.4 Removal of Fixtures. Tenant may, at the expiration of its tenancy, if Tenant is not
in default, remove any fixtures or equipment which Tenant has installed in the Leased
Premises, providing Tenant repairs any and all damages caused by removal.
SECTION 9. ASSIGNMENT AND SUBLETTING. Any assignment of this Lease or
subletting of the Leased Premises or any part thereof, without Landlord's written
permission will, at the option of Landlord, make the rental for the balance of the Lease
Term due and payable at once. Such written permission may not be unreasonably
withheld.
SECTION 10. INSURANCE.
10.1 Propertv Insurance. Landlord and Tenant agree to insure their respective real and
personal property for the full insurable value. Such insurance must cover losses included
in the Insurance Services Official Broad Form Causes of Loss (formerly fire and extended
coverage).
10.2 Liabilitv Insurance. Tenant must at all times during the Term of this Lease maintain
its membership in the lowa Communities Assurance Pool or provide insurance as
described in the attached Insurance Schedule as such schedule may from time to time
be revised by Landlord.
10.3 Certificates Of Insurance. Prior to the time this Lease takes effect Tenant will
provide Landlord with a certificate of insurance with these property and liability insurance
requirements. A renewal certificate must be provided prior to expiration of the current
policies.
10.4 Acts Bv Tenant. Tenant will not do or omit doing of any act which would invalidate
any insurance, or increase the insurance rates in force on the Leased Premises.
10.5 Recommendations - lowa Insurance Services Office. Tenant further agrees to
comply with recommendations of lowa Insurance Services Office and to be liable for and
to promptly pay, as if current rental, any increase in insurance rates on said premises and
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on the building of which said Leased Premises are a part, due to increased risks or
hazards resulting from Tenant's use of the Leased Premises otherwise than as herein
contemplated and agreed.
10.6 Copv of Lease to Insurer. Landlord and Tenant must each provide a copy of this
Lease to their respective insurers.
SECTION 11. LIABILITY FOR DAMAGE. Each party agrees it is liable to the other
for all damage to the property of the other negligently, recklessly or intentionally caused
by that party, or their agents, employees or invitees.
SECTION 12. INDEMNITY. Tenant agrees to indemnify and hold harmless Landlord,
its officers and employees, from and against any and all claims of any kind arising out of
or related to Tenant's perFormance of its obligations in this Lease.
SECTION 13. FIRE AND CASUALTY.
13.1 Partial Destruction of Premises. In the event of a partial destruction or damage of
the Leased Premises, which is a busin.ess interference which prevents the conducting of
a normal business operation and which damage is repairable within 60 days after its
occurrences, this Lease will not terminate but the rent for the Leased Premises will be
abated during the time of such business interference. In the event of a partial destruction,
Landlord will repair such damages within 60 days of its occurrence unless prevented from
doing so by acts of God, government regulations, or other causes beyond Landlord's
reasonable control.
13.2 Zoninq. Should the zoning ordinance of the municipality in which this property is
located make it impossible for Landlord to repair or rebuild so that Tenant is not able to
conduct its business on the Leased Premises, then such partial destruction will be treated
as a total destruction as provided in the next paragraph.
13.3 Total Destruction of Business Use. In the event of a destruction or damage of the
Leased Premises including the parking area (if parking area is a part of this Lease) so
that Tenant is not able to conduct its business on the Leased Premises or the then current
legal use for which the Leased Premises are being used and which damages cannot be
repaired within 60 days, this Lease may be terminated at the option of either Landlord or
Tenant. Such termination in such event will be affected by written notice of one party to
the other,within 20 days after such destruction. Tenant must surrender possession within
10 days after such notice issues and each party will be released from all future obligations,
and Tenant must pay rent pro rata only to the date of such destruction. In the event of
such termination of this Lease, Landlord at its option, may rebuild or not, at its discretion.
SECTION 14. CONDEMNATION.
14.1 Disposition of Awards. Should the whole or any part of the Leased Premises be
condemned or taken for any public or quasi-public purpose, each party is entitled to retain,
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as its own property, any award payable to it. Or in the event that a single entire award is
made on account of the condemnation, each party will then be entitled to take such
proportion of said award as may be fair and reasonable.
14.2 Date of Lease Termination. If the whole of the Leased Premises is condemned or
taken, Landlord will not be liable to Tenant except and as its rights are preserved in
paragraph 13,1 above.
SECTION 15. DEFAULT, NOTICE OF DEFAULT AND REMEDIES.
15.1 Events of Default. Each of the following constitutes an event of default by Tenant:
(1) Failure to pay rent when due.
(2) Failure to observe or perform any duties, obligations, agreements or
conditions imposed on Tenant pursuant to terms of the Lease.
(3) Abandonment of the Leased Premi�es. "Abandonment" means Tenant has
failed to engage in its usual and customary business activities on the Leased
Premises for more than fifteen (15) consecutive business days.
(4) Institution of voluntary bankruptcy proceedings in which the Court orders
relief against Tenant as a debtor; assignment for the benefit of creditors of the
interest of Tenant under this Lease; appointment of a receiver for the property or
affairs of Tenant, where the receivership is not vacated within ten (10) days after
the appointment of the receiver.
15.2 Notice of Default. Landlord must give Tenant a written notice specifying the default
and giving Tenant ten (10) days in which to correct the default. If there is a default (other
than for nonpayment of a monetary obligation of Tenant, including rent) that cannot be
remedied in ten (10) days by diligent efforts of Tenant, Tenant must propose an additional
period of time in which to remedy the default. Consent to additional time may not be
unreasonably withheld by Landlord. Landlord is not required to give Tenant any more
than three notices for the same default within any 365-day period.
15.3 Remedies. In the event Tenant has not remedied a default in a timely manner
following a Notice of Default, Landlord may proceed with all available remedies at law or
in equity, including but not limited to the following:
(1) Termination. Landlord may declare this Lease to be terminated and must
give Tenant a written notice of such termination. In the event of termination of this
Lease, Landlord is entitled to prove claim for and obtain judgment against Tenant
for the balance of the rent agreed to be paid for the Term herein provided, plus all
expenses of Landlord in regaining possession of the Leased Premises and the
reletting thereof, including attorney's fees and court costs, crediting against such
claim, however, any amount obtained by reason of such reletting.
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(2) Forfeiture. If a default is not remedied in a timely manner, Landlord may
then declare this Lease to be forFeited and must give Tenant a written notice of
such forFeiture, and may, at the time, give Tenant the notice to quit provided for in
Chapter 648 of the lowa Code.
SECTION 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE
OTHER. If default is made by either party in the performance of, or compliance with, any
of the terms or conditions of this Lease, and such default continues for thirty (30) days
after written notice thereof from one party to the other, the person aggrieved, in addition
to all other remedies now or hereafter provided by law, may, but need not, perForm such
term or condition, or make good such default and any amount advanced will be repaid
forthwith on demand, together with interest at the rate of 9% per annum, from date of
advance.
SECTION 17. SIGNS. Tenant may not attach, paint or exhibit any signs on the Leased
Premises.
SECTION 18. MECHANIC'S LIENS. Neither Tenant nor anyone claiming by, through,
or under Tenant, may file or place any mechanic's liens or other lien of any kind or
character whatsoever, upon said Leased Premises or upon any building or improvement
thereon, or upon the leasehold interest of Tenant, and notice is hereby given that no
contractor, sub-contractor, or anyone else who may furnish any material, service or labor
for any building, improvements, alteration, repairs or any part thereof, may at any time be
or become entitled to any lien on the Leased Premises, and for the further security of
Landlord, Tenant covenants and agrees to give actual notice thereof in advance, to any
and all contractors and sub-contractors who may furnish or agree to furnish any such
material, service or labor.
SECTION 19. LANDLORD'S LIEN AND SECURITY INTEREST. Landlord will have,
in addition to any lien given by law, a security interest as provided by the Uniform
Commercial Code of lowa, upon all personal property and all substitutions thereof, kept
and used on said Leased Premises by Tenant. Landlord may proceed at law or in equity
with any remedy provided by law or by this Lease for the recovery of rent, or for
termination of this Lease because of Tenant's default in its performance.
SECTION 20. ENVIRONMENTAL.
20.1 Landlord. To the best of Landlord's knowledge to date:
(1) Neither Landlord nor Landlord's former or present tenants are subject to any
investigation concerning the Leased Premises by any governmental authority
under any applicable federal, state, or local codes, rules and regulations pertaining
to air and water quality, the handling, transportation, storage, treatment, usage, or
disposal of toxic or hazardous substances, air emissions, other environmental
matters, and all zoning and other land use matters.
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(2) Any handling, transportation, storage, treatment, or use of toxic or
hazardous substances that has occurred on the Leased Premises has been in
compliance with all applicable federal,state and local codes, rules and regulations.
(3) No leak, spill release, discharge, emission or disposal of toxic or hazardous
substances has occurred on the Leased Premises.
(4) The soil, groundwater, and soil vapor on or under the Leased Premises is
free of toxic or hazardous substances.
(5) Landlord assumes liability and will indemnify and hold Tenant harmless
against all liability or expense arising from any condition which existed, whether
known or unknown, at the time of execution of the Lease which condition is not a
result of actions of Tenant or which condition arises after date of execution but
which is not a result of actions of Tenant.
20.2 Tenant. Tenant expressly represents and agrees:
(1) During the Lease Term, Tenant's use of the Leased Premises will not
include the use of any hazardous substance without Tenant first obtaining the
written consent of Landlord. Tenant understands and agrees that Landlord's
consent is at Landlord's sole option and complete discretion and that such consent
may be withheld or may be granted with any conditions or requirements that
Landlord deems appropriate.
(2) During the Lease Term, Tenant will be fully liable for all costs and expenses
related to the use, storage, removal and disposal of hazardous substances used
or kept on the Leased Premises by Tenant, and Tenant must give immediate notice
to Landlord of any violation or any potential violation of any environmental
regulation, rule, statute or ordinance relating to the use, storage or disposal of any
hazardous substance.
(3) Tenant, at its sole cost and expense, agrees to remediate, correct or
remove from the Leased Premises any contamination of the property caused by
any hazardous substances which have been used or permitted by Tenant on the
Leased Premises during any term of this Lease. Remediation, correction or
removal must be in a safe and reasonable manner, and in conformance with all
applicable laws, rules and regulations. Tenant reserves all rights allowed by law
to seek indemnity or contribution from any person, other than Landlord, who is or
may be liable for any such cost and expense.
(4) Tenant agrees to indemnify and hold Landlord harmless from and against
all claims, causes of action, damages, loss, costs, expense, penalties, fines,
lawsuits, liabilities, attorney fees, engineering and consulting fees, arising out of or
in any manner connected with hazardous substances,which are caused or created
s
by Tenant on or after the date of this Lease and during any term of this Lease,
including, but not limited to, injury or death to persons or damage to property, and
including any diminution of the value of any Leased Premises which may result
from the foregoing. This indemnity will survive the cessation, termination,
abandonment or expiration of this Lease.
SECTION 21. SUBSTITUTION OF EQUIPMENT, MERCHANDISE. ETC.
21.1 Tenant's Property. During its tenancy, Tenant has the right to sell or otherwise
dispose of any personal property of Tenant situated on the Leased Premises, when in the
judgment of Tenant it has become obsolete, outworn or unnecessary in connection with
the operation of the business on the Leased Premises; provided, however, that Tenant
must, in such instance (unless no substituted article or item is necessary) at its own
expense, substitute for such items a new or other item in substitution thereof, in like or
greater value.
21.2 Inventorv. Nothing herein contained will be construed as denying to Tenant the
right to dispose of inventoried merchandise in the ordinary course of Tenant's trade or
business.
SECTION 22. RIGHTS CUMULATIVE. The various rights, powers, options, elections
and remedies of either party, provided in this Lease, will be construed as cumulative and
no one of them as exclusive of the others, or exclusive of any rights, remedies or priorities
allowed either party by law, and may in no way affect or impair the right of either party to
pursue any other equitable or legal remedy to which either party may be entitled as long
as any default remains in any way unremedied, unsatisfied or undischarged.
SECTION 23. NOTICES AND DEMANDS. All notices, demands, or other writings in
this Lease provided to be given or made or sent, or that may be given or made or sent,
by either party to the other, will be deemed to have been fully given or made or sent when
made in writing and deemed to have been fully given or made or sent when made in
writing and deposited in the United States mail, registered, and postage prepaid, and
addressed as follows:
TO LANDLORD: City of Dubuque, lowa
c/o City Manager
City Hall
50 West 13t" Street
Dubuque, lowa 52001
TO TENANT: Dubuque County, lowa
c/o Dubuque County Sheriff
720 Central Avenue
Dubuque, lowa 52001
SECTION 24. CONSTRUCTION. Words and phrases herein, including
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acknowledgment hereof, will be construed as in the singular or plural number, and as
masculine, feminine, or neuter gender according to the context.
SECTION 25. COMPLIANCE WITH LAW. During the term of this Lease, Tenant must
comply with all laws applicable to Tenant's use of the Leased Premises.
SECTION 26. MISCELLANEOUS.
26.1 Governinq Law. It is agreed that this Lease will be governed by, construed, and
enforced in accordance with the laws of the State of lowa.
26.2 Paraqraph Headinqs. The titles to the paragraphs of this Lease are solely for the
convenience of the parties and will not be used to explain, modify, simplify, or aid in the
interpretation of the provisions of this Lease.
26.3 Modification of Aqreement. Any modification of this Lease or additional obligation
assumed by either party in connection with this Lease will be binding only if evidenced in
writing signed by each party or an authorized representative of each party.
26.4 Parties Bound. This Lease binds and inures to the benefit of and applies to the
respective successors and assigns of Landlord and Tenant. All references in this Lease
to "Landlord" or"Tenant" will be deemed to refer to and included successors and assigns
of Landlord or Tenant without specific mention of such successors or assigns.
SECTION 27. FORCE MAJEURE. In the event that either party hereto will be delayed
or hindered in or prevented from the performance of any act required hereunder by reason
of strikes, lockouts, labor troubles, unavailability of construction materials, unavailability
or excessive price of fuel, power failure, riots, insurrection, war, terrorist activities,
explosions, hazardous conditions, fire, flood, weather or acts of God, or by reason of any
other cause beyond the exclusive and reasonable control of the party delayed in
performing work or doing acts required under the terms of this Lease (collectively Force
Majeure), then performance of such act will be excused for the period of the delay and
the period for the performance of any such act will be extended for a period equivalent to
the period of such delay.
CITY OF DUBUQUE, IOWA, DUBUQUE COUNTY, IOWA,
LANDLORD TENANT
By: By: - __,
Mich el C. Van Milligen Joseph L. Kenn dy
City Manager Sheriff
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EXHIBIT A
THE LEASED PREMISES
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INSURANCE SCHEDULE A
CITY OF DUBUQUE INSURANCE REQUIREMENTS FOR LESSEES
OF CITY PROEPRTY AND RIGHT OF W�OY
LICENSEES OR PERMITTEES
14
�it�r�af C�wb`�que Ins�Mrance Req[airements for L�sse�s af Ci��Prapecfy and F�ight Qf''111�"ay
Licer�se�s or F"ermi[fiees
IN�URANCE S�H�ECtiI�LE A
1. ❑ul�uyue County, lowa shali furilish a signe�l certi�ic�te af insurance to the City of Dubuyue, lowa
foe tf�coverage re��aired in Exhibit I priar ko the lease,lieense, or�ermit commencem�nt.All
lessees of Gity�rop�rLy�nd right af way ficensees or permittees shall submit an u�d�ted
certificate ani�ually. Each certificate shall be preparecl ai�the mo�t cGirrei-�t AGC�RD farrn approved
k�y the lowa li7surance C�iwision ar an ec�uivalent. Eaah certificate shall inclucle a statement under
Gescripfian of Op�rations�s ta why the ce�tific�te�ni�s issued. Eg: Dubuc�ue Caunty SDubuc�ue
arug Task Force) Le�se Agr�em�nl ci�teci J<�ne 1, 2019,
2. All po[icies c�f i��s��raiice rec�i�ired here�mder shall be w�ith an insurer a�,�thorized tn do l�usi�-�ess ii�
lawa and alf insurers shafl have a rating of A nr better in the current A.M. Best's(�at6ng Guide.
3. Each certificate sh�li be f�rrnishecE ta the Fin�nae D�p�rtment of ths City af d��huque.
4. TE7e less�e, licerEtiee, car pet�mittee sY�alf�requireci ta r,arry trte mir�imum cc�v�rage/limits, �r
greater if r�yuired by law or�rther legal agreemei�t, in Exhifait I. Failure to�ravic[e the rec{uiree!
meniirrua�r c�verage shall nat�e deei-neck a waiver eaf such rec�uirernents I�y the City of Dubuyue.
5. Fa[I�.ire ta ab�in Qr m�intair�the rec�uirec�insurance sh�til he cansi��red�m�t�ri�l breach of the
lea��, li�e��s�,«r�»rrr�it.
�. All r�c��.iirec�endarsements sh�l!f��att�c[��d to certif�c���.
7. �fVh�never a s���:ifiC ISC7 farm is r�fere�'�ceci the curren#�c�itirarr nf tf7�fc�rn�mo_ast Ea�useci�inless
an ec�uivaler�t fQr�n is apprnved lay the Dire�tc�w of Firianr,e anrl Budc�et.The lesse�,I�censee, or
peri�ni�tee m�s#icJei7tify ai7d list in writiiir�all cleviations aiid e�clusions fram th�ISO form.
8. lf Eessee's, lieerrsee's, ae�errrii�t�:�'s limits of li�bility�re hec�her th�r�the req�eired rr�inimum limifis
then th�le��e�°s, liaet�se�'s,ar��rcnittee's 1i�7�iks sh�El be this agre�ment's rec��.aired limits.
9. Lessee,lic�nsee, or per�rittee shall ree{�.�ir�all subc�ntractors an�l sub-sut�cantractors fo oi�t�in
arid i�naintain eiuring the perfori°na»ee of work iiisurance fiar the coverages clescriued in#his
insurance Sche�{uCe�nd shall ohtain certificates af ins�ir�nce fram all such subcontractc+rs and
sub-subcontractars. Less2e,licensee, ar permittee agrees that it shall b�IiaY�le fiar the Faifure of a
�uk�c�ntractar arid suk�-suk�cor�tractr�r tsa ot�tain and m�irrtain suct��;average.1"he City may
requesE a cctpy of such certiPicates�rom the lessee, licer�see,or permittee.
14. Lessee,license&�aent�ittees sh�ll k�e r�sp�rnsible far cleciuctihales anci$elf-insured retentian.
P�ge 1 of 4 Schec�ule�Lessees Of City Property;Right Of Way Licensees or Penrittees May 201�
15
�ity�F t7��bt�qi�e Insr�r�nce Req��irements ficar Lesse+�s of�Gity Prvp�rty ar�d Righ#of Way
l�ice�tsees�r P�r�n3tt���
IN�U'RANCE SCHEDl1LE A {Gcrntinu�d}
�xH�s�s i
�,� cvn����c�r�<��r����.�i�s'�.ir�r
Gener�l Aggregate Limit �'�,�Qt�,[1t��
Prociu�ts-Com�lekecl Gper�tir�ns.4c7greg�t�Limit �'I,Oa�J,OC��
P��sc�rial anci Adve3tisinc� Irijury Liniit �1,OOfi,�t��
Each Ucc��rrence �1,C1L�D,�t?0
Fire Damage Limit(aoi�r one occurrence} �s�1,�t��
Meclical Payi�nents �a,G�0�7
1) Gover�ge shall be written on an occurrence, nat cl�ims m�cie, P�orm.ThE general
liability cav�ra�e shall k��vdrit�en in acctrrc!wfth I�C)fc�rm C(aQC1p� r�r k�usiness
owr�ers form BPC�C�4�. All�E�uiakiaans from fhe stand�rcf I�d�ai�nr��rci�l gei7eral
liability farm C�O��t�,or Busine�s own�rs for�n BP C1Q�2, shall be ciearly
idenfified.
2) Incl��cie ISU endorsem�nt form c�G 25 04"aesignat�d LacatiQn(s}Gener�l
Aggrec�at�Lir77it."
3) Inclucie endo��sem�r�t ir�dicatir��#I�at ooverac�e is E�rimary anri nnn-�;�ntriki�.rtury.
4) I�iclueie�'reseivation c�f Uowernir�ental Immuniti�s Ei�derseira�nt(Sarnple
�tt�ched�,
5) Ir�cluri�adcii#ionaf irisurecl ende�i°sement far:
The Ci�y af DsaE�uc�ue, ir�cluc�inr3�II it�ele��ted ar�d aFjpairat�rf c�fPir,ials, all Its
employees�t��!val unte�rs, �II it��aarcls,�am��iissions ar�dlor authori�ies an�l
their board ir�ei�nbe��, em�loye�s�nd v�luntee�s.Us� IS�7 fo�irs��?�'f a
{�7ngaing oper�tir�ns)or its��quiv�lent.
6) Ifi lesses, lic�nsee,or�7errnittee t,itilizes Trikkes or�sgways in the��nd��ct c�f
r�usin�ss, irac,lude an er7darse��i�it refl�ctinc;tf1�t tYr�s�vet�i�les ar�r��crf�xcl��ciec!
froin Commer�i�l G`ea7eral Lial�iliky caverage.
7) Palicy�hall i37clude W�iver of Ri�fat#o Re�ov��r froin C7th�r��t�dars�r^�en#.
B� W�RKERa'CC?nt'[PE�ISATION 8�EMPL�Y�Ru�.1R�B1Li7Y
St�t�atarr Benefits a�v�rinr�all ernplaye��injur�ci ca��ti��job i�y accicient�r cii���s�as
�r�scrikae�i k�y low��o�le Ch�ptcr 85.
Ccrverar�e A Stat��tory--Stake af I�w�
Coveras�e B Employers Liak�ility
E�oh Accicleiit �'�UO;OOI�
Each Employe�-Dise�se �10q,t7DD
Prlicy Limit-C�isease �500,000
PQlicy SY�all inclucl�Waiv�i�c�f Rlqht ta R�caver fa�om t�tf-d�rs encicirserr��nt.
Covera�e B li�nits shail be greater if reyuired by the ui�brella/excess insurer,
C'3 R
�l��nelecti�rn of Wc�rk�rs'C�amp�rrsatiun ar Empl�y�rs'Liakaility Cr�verage��nder lo��va
Code sea. F37.22. Coir��leted forin must be attached.
P�C�e 2 Uf 4 Schedule A Lessees Of Gity Praperty; Rigf7t�Qf tNay Liceiisees or Penrittaes May 2019
16
City o�DubuqtN�e Instrranae R$q��irernents for Lesse�s af Gity P°rope�ty and F�ight saf'U4�'ay
Lic�r�sees or F^�rmiite�es
k�IS�I�RA�J�E SCHEaULE A �C�a�tinu�c�}
G} RCILLUTIUN GIA�iILVT'Y
Cavara�e required: !yes X na
P�allutiori IEafaility r�verag��hall�e requir�ci if tt��less��,e�ntractirig �ariy, Ur per�7�itt��
E�as�ny pallutic�n ex{�osure far ai�atement of hazaedaus or can#aminated makerials
including, hut not limite�l to, �aetrv[eum procl«cts,the remvv�l of le�d,a�h�stas,or PGBs.
Pollutian�rroci�rct�nd com�let�d o��ei�atioris coverac�e ahalP also Y�e co��reci.
Each occurren�e O2,C�QCl,L70�
F�alicy Aggr�gate �4,OQO,�OD
1 J Palicy to inclucie job site and transportativn cover�ge.
2} Inrlude aeiditiUnaE insur�d for.
TrEe�ity of Dub��qu�,inc;ludir7g all its�les,t�ci anc!appainted official�, ali its
emplayees ancl vo6unteers, ai!its boarc�s,co�n�r�issians andfor authorities ancJ
their baarcl i�nembers, em}�loyees aE�d voEunteers. Use lSU form GG 2C]`I0.
(Ongoing oper�ticans)as stated'in A(6)�k�ove or its ec�uiv�lent�nd
�G2Q37(cam�leted aper�tions)or its ec�ui��lent.
3j Include Preserva.t�c�n of�Uv�rnn�ental lrnrrrt�nitie�E�dcarserr�ent.
4} Provide evicfence of c�v�rage far 5 year�after campletion r�f�rc�ject.
C�) PROPERTY INSl1RE4NCE REQU'kRED BY LE11�5E,LICENS6,C1R PERMIT
__,_Yes X n�
EWidence af�ro�aerty cov�:r�ge�rovicied: _yes
Iricluc�e thke�ity r�f C��_�ka�iyu�as Lencier Loss P�ya�le.
E) Ft1C3HT=�1F-UtfAY VNQRK 4NLY:
4�MBR�L�AfExGE�S �1,OQ�,QOD
X yes _no
Umbrefla/excess fiability coverage musf be at least foflowing form with the underiying
poliei�s ineludecC herein.
F} FL�tJD IH�ElRNAGE
�yes X no
If Required Goverage$
P��e 3 0�4 Schec6ule A Lessees Of City Proper�y;Right�f Way Licensees or Permittees May 2019
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+�i#y c�€D��ts�yqi��e 1ns�Eran�e R�c�ttirements fvr Lessees ofi�ity Pr4p�rtyr arad Right of Way
Licensees+�r R�r�r7ittees
RRESEFZVAT�ON OF ��VERNN1�I�TAL IMMt1�I�TlE� ENDt)fiSE1VIEl�IT
1. Nonwaiver�af GovernineNital Im�nuilitv.The i��surer expressly a�rees�nd states that the purchase
of thi�po9icy arid th�ii7cluding of the Gity of Du�uque, low�as an A�lelitioi��l Insu�ed does not waiv���iy
of th�ciePenses af governenental imm�anity availak+fe to the City of G�.�huque, lo�rra und�r Code of lowa
8ection E�7D.4 as it is now exists�nd as it may he�mended fira��time to time.
�. Claims Coveraqe.The irisure�fur�her agrees that this palicy csf insurance shall cov�r oi-�ly those
cl�ims nat subject to kh�defens�of governm�nt�l immunity uncler#he Cticie o(low�Section�70.4 as it
navW exists�i�ci as it ir��y be a�r�ended frorr�tit�� ta tirl�e.Tf�sQs�cl�irns��ot s�iY�ject t�Cocle vf lo��va
�ectir�n�7C�.4�hall be cc�v�r�d!�y t#�ie terms a��d cunditi�r�s of this in:�ur�r�ce Ex�liry.
3. Ass�rtior�af��averr�merat lininuni�V,�he Gity of Dubue�ue, lowa shal4 I��respon�il�l�for asserting
any def�nse of government�l immunity, �nd may dca so at�ny tim��nd shall do so u�on khe timely written
request af#he ins��rer.
�1. Nnn-C7eni�l t�f Gtav�ra���.Tt7�insurer sl�ail not clerry cr:raera���ar��i�t�thi�palicay at��k��ir�surer
shall r7ot�lei7y�ny af th�rights ai-id�aen�fits a��rui ng t�i the�ifi�of C�uk�uqu�, lav��ur�der this�ofiry fcac
re�sr�ns of�overi�aneiitai it�nir,�anity unles�ai�d�ar�til e�ourt af c�mp�t�itit j�ri�dictlor�h�s rul��l iii Pavor c�#
the defiense{s)of c�avernmen#�I immuniiy as�erked by the C;ity of C�ubtiq�a�, lo�ra,
No t�tf�er�:f�ar��a�ir��r�li�y.Tl���ab�ave pr�serv�ticsr��f c��sv�rr�rr�enta9 irntr���t�itl�s�h�ll ric�t a�h',�rv��a�.e
cha�ir���r alter th��,nver�c�e�v�il�l�l�ui��J�r the�crlicy.
����������
{DEPARTNfE�1T MANAGER: FILL IN ALL BLANKS At��GHECK�#7X�S�
Pa�e 4 of 4 Sci�etlule A Lessees Of City Property;Right�f W€�y Liaensees or Penrittees May 2019
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