Signed Contract_Docking Agreement with Celebration Belle for Port of Dubuque Alliant Plaza Docking FacilityCity of Dubuque
City Council Meeting
Consent Items # 22.
Copyrighted
July 19, 2021
ITEM TITLE: Signed Contract(s)
SUMMARY: American Queen Steamboat Company Inc. for Docking Agreement at
the Port of Dubuque -American Trust River's Edge Plaza; Celebration
Belle for Docking Agreement at Port of Dubuque - Alliant Plaza Docking
Facility; Robin Dodd for management of Miller Riverview Park and
Campground and Dubuque Water Sports Club; Morton Salt, Inc for
Public Works Ice Control Road Salt; WHKS & Co. for the Burlington and
National Water Main Replacement Project 2021.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Docking Agreement for American Trust River's Edge
Plaza
Docking Agreement for Alliant Plaza Docking Facility
Miller Riverview Park and Campground and Dubuque
Water Sports Club
Burlington and National Water Main Replacement
Project 2021
Public Works Ice Control Road Salt
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
CITY OF DUBUQUE
2021 DOCKING AGREEMENT
OWNER
CUSTOMER
NAME City of Dubuque
NAME :Celebration Belle
ADDRESS 50 W 13th Street
ADDRESS :2501 River Drive
CITY, ST, ZIP Dubuque, Iowa 52001
CITY, ST, ZIP :Moline, IL 61265
CONTACT Dan Kroger
CONTACT Scott Schadler
TELEPHONE 563-589-4310
Alice Cameron
FACSIMILE 563-589-4391
TELEPHONE 309-764-1952
E-MAIL dkroger@cityofdubuque.org
FACSIMILE 309-764-1966
24HR BOAT CONTACT NUMBER
SCOTT - CELL — 563-340-3300
ALICE - CELL — 563-650--0087
E-MAIL SCOTT@CELEBRATIONBELLE.COM
ALICE(c)CELEBRATIONBELLE.COM
j
BOAT: Celebration Belle
FACILITY
RATES/CHARGES
3
Port of Dubuque — Alliant Plaza Docking; Facility
No cash charge. The parties hereto agree that
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sole consideration shall be the economic benefit to
the community surrounding the Facility derived
from the passengers' visit to such community.
DESCRIPTION/PURPOSE OF ACCESS/USE
The Facility will be utilized to embark and disembark passengers, to receive supplies and fuel aboard
the boat, to off-load trash for proper shore side disposal, to perform maintenance work of a minor
nature, and other such activities that ;are consistent with the operation of an up -scale overnight
excursion vessel.
1. Basic Agreement: In consideration:,of the Rates/Charges referenced in the relevant box above,
Owner hereby grants to Customer access to and the use of the Facility defined above, for the purposes
described above. The grant of access herein is on a first -come first served basis and does not constitute
a guarantee that the Facility will be available to the Customer at any particular time. Customer is
encouraged to coordinate its use of the Facility with other users.
Owner acknowledges Customer's Notice of Docking Dates, attached hereto as Exhibit A. In the event
that Customer's Docking Dates change from dates provided in Exhibit A, Customer must notify Owner in
writing of such changed dates no later than thirty (30) days from Customer's receipt of notice of changed
Docking Dates. If such thirty (30) day notice cannot be provided, Customer must notify Owner of
changed Docking Dates as soon as possible.
2. Safety and Notifications: Customer shall be responsible for ensuring that its employees, contractors
and invitees comply with applicable laws and obey any written safety rules provided by Owner. Customer
shall not intentionally interfere with other operations or create any danger or safety hazard at the Facility.
Customer shall notify Owner if it believes there are any safety or suitability problems, and in such an
event the parties agree to fully cooperate and resolve the same to their mutual satisfaction. Formal
Notices shall be addressed to the Contact defined above for each of the parties and may be given by e-
mail, facsimile, or by mail. Notices will be deemed to have been received upon the production of a
relevant receipt document.
041012bal
3. Liability and Indemnity: Each party agrees to be responsible for, and indemnify and hold harmless
the other of and from (including legal fees and costs), any loss, damage, expense, claim, liability, suit, fine
and/or penalty applicable to (i) such party's employees, contractors, invitees and guests, and(ii) the
owned, leased or chartered vessels, equipment or other personal property of such party and/or its
employees, contractors, invitees and guests, howsoever caused and regardless of fault, which in any way
arises out of or relates to the Facility or Customer's access thereto and/or use thereof. Each party agrees
to waive any immunity from suit and/or exclusivity of remedy pursuant to any workers compensation act
or similar law in furtherance of the foregoing indemnity for employee injury claims. For purposes hereof,
any passenger of Customer shall be deemed Customer's invitee/guest but only while aboard Customer's
vessel, and/or while embarking or disembarking Customer's vessel on Customer -provided equipment.
With respect to all other matters, each party agrees to be responsible for, and indemnify and hold
harmless the other of and from (including legal fees and costs), all loss, damage, expense, claim, liability
and/or suit to the extent caused by its negligence or other legal fault.
4. Insurance: Customer shall maintain during the Term of this Agreement insurance as provided in the
attached Insurance Schedule. Owner shall maintain during the Term of this Agreement Owner's
membership in the Iowa Communities Assurance Pool or obtain general liability insurance with equivalent
coverage.
The parties shall exchange insurance certificates evidencing all of the foregoing insurances and
conditions upon execution of this,Agreement and from time to time thereafter, as may be requested.
Should a party fail to maintain (or cause to be maintained) an insurance as required, if an insurance fails
for any reason (including without limitation due to breach of condition or warranty:), and/or if an insurer
refuses and/or is unable to pay, the party required to maintain such insurance above shall be deemed a
self -insurer thereof, accept and pay all claims which would have otherwise been submitted, and indemnify
and hold harmless the other of and from (including legal fees and costs) any loss, damage, expense,
claim, liability, suit, fine and/or penalty resulting from such failure.
5. Utilities: If any utilities are available at the Facility and Customer elects to connect to and/or utilize
such utilities during its visit, Customer agrees to be responsible for and to pay any and all connection
and/or usage charges.
6. Refuse and Garbage Removal. Customer shall not store any refuse or garbage at the Facility for any
length of time and shall make arrangements for the prompt removal of refuse and garbage from the
Facility. If Customer fails to promptly remove refuse and garbage from the Facility, Owner reserves the
right to prohibit removal of refuse and garbage upon Customer's docking at the Facility.
7. Term of Agreement: This Agreement shall commence upon its date of execution, shall have a term of
one year, and shall, absent Notice from one party hereto to another party hereto sixty (60) days or more
in advance of the then -current termination date, automatically renew for an additional one year term.
8. Governing Law. This Agreement shall be governed by the general maritime law of the United
States or, if no general maritime rule of law applies, then by the laws of the state of Iowa.
9. Default. If Customer fails to comply with any of the provisions of this Agreement within seven (7)
days after notice of noncompliance from Owner, Owner may terminate this Agreement.
10. Entire Agreement. This Agreement may be executed in counterparts and/or by electronic exchange
of signatures, with all such counterparts deemed the same single agreement and signatures exchanged
by electronic means deemed equivalent to original signatures. This constitutes the entire agreement
between the parties and supersedes all prior and contemporaneous agreements, written and oral. This
Agreement shall not be modified except through a writing signed by both parties.
DATED THIS 12th DAY OF July, 2021
Owner
AuWhrized Signature
Michael C. Van Milligen, City Manager
Printed Name and Title
Customer
L a�--�
Authorized Signature
eA
Printed Name and Tit e
Exhibit A
DUBUQUE DOCK DATES - 2021
DATES
ARRIVAL
DEPARTURE
7/13/21
18:00
7/14/21
11:00
15:00
18:00
21:00
7/15/21
7:00
8/17/21
18:00
8/18/21
11:00
15:00
18:00
20:30
8/19/21
7:00
9/14/21
18:00
9/15/21
11:00
15:00
18:00
21:00
9/16/21
7:00
10/4/21
18:00
10/5/21
10:00
10/7/21
18:00
10/8/21
10:00
City of Dubuque Insurance Requirements for Pollution Haulers
INSURANCE SCHEDULE N
shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for
the coverage required in Exhibit I prior to commencing work and at the end of the project if the
term of work is longer than 60 days. Haulers presenting annual certificates shall present a
certificate at the end of each project with the final billing. Each certificate shall be prepared on
the most current ACORD form approved by the Iowa Department of Insurance or an equivalent
approved by the Director of Finance and Budget. Each certificate shall include a statement under
Description of Operations as to why issued. Eg: Project # or construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each certificate shall be delivered to the Finance Department of the City of Dubuque.
4. 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.
5. Hauler shall require all subcontractors and sub -subcontractors to obtain and maintain during the
performance of work insurance for the coverages described in this Insurance Schedule and shall
obtain certificates of insurances from all such subcontractors and sub -subcontractors. Hauler
agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and
maintain such coverages. The City may request a copy of such certificates from the Hauler.
6. All required endorsements to various policies shall be attached to certificate of insurance.
7. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the
approval of the Director of Finance and Budget and subject to the Hauler identifying and listing in
writing all deviations and exclusions that differ from the ISO form.
8. Hauler shall be required to carry the minimum coverage/limits, or greater if required by law or
other legal agreement, in Exhibit I. If Hauler's limits of liability are higher than the required
minimum limits then the provider's limits shall be this Agreement's required limits.
9. Whenever an ISO form is referenced the current edition of the form must be used.
10. Hauler shall be responsible for deductibles and self -insured retention for payment of all policy
premiums and other cost associated with the insurance policies required below.
11. All certificates of insurance must include agents name, phone number, and email address.
12. The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by this Schedule at any time.
13. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances during the term of the agreement, subject to
mutual agreement of the parties.
Page 1 of 4 Schedule N Pollution Haulers April 2021
City of Dubuque Insurance Requirements for Pollution Haulers
INSURANCE SCHEDULE N (continued)
Exhibit I
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 $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) The general liability coverage shall be written in accord with ISO form CG 00 01
or business owners form BP 00 02. Coverage shall be written on an occurrence,
not claims made, form. All deviations from the standard ISO commercial general
liability form CG 00 01, or Business owners form BP 00 02, shall be clearly
identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General
Aggregate Limit" or CG 25 03 "Designated Construction Project (s) General
Aggregate Limit" as appropriate.
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities endorsement. (Sample
attached).
5) Policy shall include Wavier of Right to Recover from Others endorsement
6) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 26.
B) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's
business does not own any vehicles, coverage is required on non -owned and hired
vehicles.
1) Policy shall include Waiver of Right to Recover from Others endorsement.
C) POLLUTION LIABILITY
(Including transit)
FUEL HAULERS (Diesel, Gas, Oil):
General Aggregate Limit $4,000,000
Each Occurrence limit $2,000,000
WASTE HAULERS (Sewage, High Strength By Products)
General Aggregate Limit $1,000,000
Each Occurrence limit $1,000,000
1) Policy shall include an additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers.
2) Provide evidence of coverage for 5 years after completion of project.
3) Include Preservation of Governmental Immunities Endorsement. (Sample
attached).
Page 2 of 4 Schedule N Pollution Haulers April 2021
City of Dubuque Insurance Requirements for Pollution Haulers
INSURANCE SCHEDULE N (continued)
D) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A Statutory —State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers'
Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of
Workers' Compensation or Employers' Liability Coverage form on file with the Iowa
Workers' Compensation Insurance Commissioner, as required by Iowa Code Section
87.22. Completed form must be attached.
E) UMBRELLA/EXCESS LIABILITY $1,000,000
The General Liability, Automobile Liability and Workers Compensation Insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of
the primary policies, it shall include the same endorsements as required of the primary
policies including Waiver of Subrogation and Primary and Non-contributory in favor of the
City.
Page 3 of 4 Schedule N Pollution Haulers April 2021
City of Dubuque Insurance Requirements for Pollution Haulers
Please be aware that naming the City of Dubuque as an additional insured as is required by this
Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code
sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent
form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 4 of 4 Schedule N Pollution Haulers April 2021
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Docking Agreements for the Celebration Belle
DATE: July 9, 2021
INTRODUCTION
The purpose of this memorandum is to request your approval and signature of the
attached Docking Agreement allowing the Celebration Belle river boat to dock at the
Port of Dubuque — American Trust River's Edge Plaza.
BACKGROUND
Dubuque
All -America City
2007-2012.2013
2017*2019
The City of Dubuque's River Boat Docking Agreement was developed by staff for large
river boats wishing to use the City's large boat docking facility at the Port of Dubuque —
American Trust River's Edge Plaza. Agreement language was approved by City
Attorney Crenna Brumwell, and insurance documents have been submitted and reviewd
which satisfy the City's Insurance Schedule N requirements for the docking of
commercial vessels.
DISCUSSION
The attached agreement will allow the operators of these riverboats to use the Port of
Dubuque — American Trust River's Edge Plaza docking facility under the terms
stipulated therein. Access to the docking facility is on a first -come first served basis;
this agreement is not a guarantee that the facility will be available at any time.
Riverboat companies are encouraged to review the complete docking schedule and
coordinate changes in arrival and departure times to maximize use of the facility.
ACTION REQUESTED
Your approval and signature of the attached City of Dubuque Docking Agreement with
the Celebration Belle.
Prepared by: Dan Kroger, Recreation Division Manager
Cc: Crenna Brumwell, City Attorney
Jenny Larson, Finance Director
John Klostermann, Public Works Director