Signed Contracts_American River Transportation_Artco Fleeting Service_Docking LicenseMasterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Steve Sampson Brown, Project Manager
DATE: November 12, 2013
Dubuque
htiVil
AM-Amain CRY
1I I.,
2007 • 2012 • 2013
RE: Docking License Agreement with American River Transportation Co. dba
Artco Fleeting Service
INTRODUCTION
This memorandum is to seek approval and execution of the Docking License Agreement
between the City of Dubuque and American River Transportation Co. dba Artco Fleeting
Service.
DISCUSSION
The City of Dubuque and American River Transportation Co. dba Artco Fleeting Service
have drafted a Docking License Agreement that grants Artco Fleeting Service the privilege
of docking its vessels in the ADM Barge Operating Area of the South Port (see attached
Exhibit A). This Docking License allows Artco Fleeting Service to use the shoreline along
Parcel A but only when Artco Fleeting Service provides 48 hours advance notification with
subsequent written City approval by the City's Water & Resource Recovery Center and only
for the purpose of docking vessels or barges for the off pumping of industrial waste into the
City's sanitary sewer collection system. Artco Fleeting Service will pay a Docking Fee of
$350.00 per docking and will also be responsible for all fees established by the City related
to the discharging of wastewater to the City's Water & Resource Recovery Center due and
payable after each docking. Artco Fleeting Service will submit, along with the Docking Fee,
a docking report showing the number of dockings for each month.
City Attorney Barry Lindahl has reviewed and approved the Docking License Agreement.
Water & Resource Recovery Center Manager Jonathan Brown has confirmed Artco's
industrial discharge permit is in good standing.
BUDGET IMPACT
Artco Fleeting Service will pay the City rent for use of the South Port shoreline in the amount
of $350.00 per docking. The Docking Fee will be paid monthly by no later than the 10th day
of the following month beginning on the 10th of December, 2013.
ACTION TO BE TAKEN
The approval and execution of the agreement between City and Dubuque (the City) and
American River Transportation Co. dba Artco Fleeting Service is requested.
cc: Gus Psihoyos, City Engineer
Jon Brown, Water & Resource Recovery Center Manager
Attach.
K: \SBrown \Leases\Artco Fleeting Docking License Agreement\ Correspondence \Memos /2013.11.07 MVM Memo
2
DOCKING LICENSE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
AMERICAN RIVER TRANSPORTATION CO. dba ARTCO FLEETING
SERVICE
THIS AGREEMENT (the Agreement), xecuted in duplicate, made and
entered into this ,A714 day of /JCS„ ',,? �" — , 2013 by and between THE
City Of Dubuque, Iowa (City) whose address for the purpose of this License is
City Hall, 50 West 13th Street, Dubuque, Iowa 52001 and American River
Transportation Co. dba ARTCO Fleeting Service (ARTCO) whose address for
the purpose of this License is 12111 CR W Cassville, WI 53806.
SECTION 1. DOCKING PRIVILEGE; TERM. City, in consideration of the
agreements and conditions herein contained, on the part of the ARTCO, to be
kept and performed, grants unto ARTCO the privilege of docking its vessels,
according to the terms and provisions herein, in the Licensed Premises (Barge
Operating Area) shown on Exhibit A attached hereto and by this reference made
a part hereof with the improvements thereon and all rights, easements and
appurtenances thereto belonging (the Licensed Premises), for a term
commencing at midnight of the day previous to the first day of the Term, which
shall be on the 1st day of November, 2013, and ending at midnight on the last
day of the Term, which shall be on the 31st day of October, 2016, upon the
condition that ARTCO pays the Docking Fee described below, and otherwise
performs as this Agreement provides.
SECTION 2. DOCKING FEE.
2.1. Rent — Parcel A. Lessee shall have the right to use the shoreline shown
along Parcel A but only when Lessee provides 48 hours advance notification with
subsequent written City approval by the City's Water & Resource Recovery
Center and only for the purpose of docking vessels or barges for the off pumping
of industrial waste into the City's sanitary sewer collection system. Lessee shall
pay Lessor rent for use of the Parcel A shoreline in the amount of $350.00 per
docking. The Docking Fee shall be paid monthly by not later than the 10th day of
the following month beginning on the 10th of December, 2013, and not later than
the 10th day of each month thereafter at the address of City, as above
designated, or at such other place in Iowa, or elsewhere, as the City may, from
time to time, designate in writing. ARTCO shall submit to City with each monthly
payment of the Docking Fee a report showing the number of dockings for that
month. Failure to provide City with advanced notification prior to docking vessels
or barges shall result in the immediate termination of this lease.
2.2. Industrial Wastewater Discharge. Lessee shall pay all fees established by
City related to the discharging of wastewater to the City's Water & Resource
072913baI
Recovery Center due and payable after each docking. Prior to any discharging
of wastewater, ARTCO shall have obtained and maintain in good standing a City
of Dubuque Industrial Wastewater Discharge Permit from the Dubuque Water &
Resource Recovery Center.
SECTION 3. USE OF PREMISES. The Licensed Premises shall be used by
ARTCO only for the purpose of docking vessels or barges for the off pumping of
industrial waste into the City's sanitary sewer collection system as shown on
Exhibit A. Docking of vessels or barges is strictly prohibited except during
pumping operations.
SECTION 4. QUIET ENJOYMENT.
4.1. City covenants that its estate in said premises is fee simple; and that
ARTCO on paying the docking fee herein reserved and performing all the
agreements by ARTCO to be performed as provided in this License, shall and
may peaceably have, hold and enjoy the Licensed Premises for the term of this
License free from molestation, eviction or disturbance by the City or any other
persons or legal entity whatsoever.
4.2. Notwithstanding the foregoing, ARTCO shall yield operations to any
request by City, the State of Iowa, or any federal agency relating in any way
whatsoever to protection, maintenance, construction or flood fighting occurring at
the floodwall inside the Licensed Premises.
SECTION 5. CARE AND MAINTENANCE OF PREMISES.
5.1. ARTCO takes said premises in their present condition except for any
environmental hazard or condition existing on the Licensed Premises.
5.2. City's Duty Of Care And Maintenance. City shall have no duty of care or
maintenance, including no duty to dredge the Licensed Premises. If City does
dredge, however, ARTCO agrees to cooperate with City to accommodate such
dredging.
5.3. ARTCO's Duty Of Care And Maintenance. ARTCO shall at all times
during the term of this License, at ARTCO's own costs and expense, keep and
maintain the Licensed Premises while it is actively using the property and all
improvements and vessels in a condition consistent with other similarly classed
operations, including any applicable OSHA standards, as determined by the City
Manager in the City Manager's sole discretion, including but not limited to not
permitting deterioration of the exterior of vessels or docking structures. City may,
at its discretion, upon reasonable notice to ARTCO, conduct an inspection of the
Licensed Premises to determine ARTCO's compliance with this Article.
2
5.4. ARTCO will make no unlawful use of said premises and agrees to comply
with all City ordinances and regulations, and the laws and regulations of the
State of Iowa and the United States.
5.5. ARTCO shall erect traffic signs and barricades, as approved in a traffic
control plan by the City's Engineering Department, to project the traveling public
from any road hazard while pumping and other related activities are occurring on
the Terminal Street road pavement.
SECTION 6. IMPROVEMENTS.
6.1. On delivery of possession of the Licensed Premises to ARTCO, ARTCO
shall not construct on the Licensed Premises any structures, buildings or other
improvements except as agreed upon in writing by City. City shall have the right
in its sole discretion to approve the design, appearance and quality of any such
Improvements.
6.2. ARTCO shall not encumber by mortgage, deed of trust, or other
instrument, its interest in the Licensed Premises.
SECTION 7. UTILITIES AND SERVICES. ARTCO, during the term of this
License, shall pay, before delinquency, all charges for all utilities and services.
SECTION 8. SURRENDER OF PREMISES AT END OF TERM; REMOVAL
OF FIXTURES.
8.1. ARTCO shall, on the last day of the term of this License or upon any
termination of this License hereof, surrender and deliver up the Licensed
Premises without fraud or delay and in good order, condition, and repair, free and
clear of all lettings and occupancies, free and clear of all liens and ARTCO shall
remove any or all of the Improvements erected by ARTCO located on the
Licensed Premises and restore the Licensed Premises to the condition it was in
immediately prior to the commencement of the term of this License.
8.2. Holding Over. Continued possession, beyond the expiratory date of the
term of this License, by ARTCO, coupled with the acceptance of the specified
rental by the City and a written agreement by City for an extension of this
License, shall constitute a month to month extension of this License.
SECTION 9. ASSIGNMENT AND SUBLETTING. This License may not be
assigned nor the Licensed Premises sublet by ARTCO without the prior written
consent of the City.
SECTION 10. INSURANCE.
3
10.1. ARTCO agrees that it will at its own expense procure and maintain
insurance as set forth in City's standard Insurance Schedule for Licensees of City
Property as such Schedule may from time to time be amended. City's current
Insurance Schedule is attached hereto.
10.2. Neither City nor ARTCO will do or omit the doing of any act which would
vitiate any insurance, or increase the insurance rates in force upon the real
estate improvements on the premises or upon any personal property of the
ARTCO upon which the City by law or by the terms of this License, has or shall
have a lien.
SECTION 11. INDEMNITY AND LIABILITY INSURANCE.
11.1. ARTCO shall defend, indemnify, and save harmless City from and against
all liabilities, obligations, claims, damages, penalties, causes of action, costs and
expenses (including, without limitation, reasonable attorneys' fees and expenses)
imposed upon or incurred by or asserted against City by reason of (a) any
accident, injury to, or death of persons or Toss of or damage to property occurring
on or about the Licensed Premises during the term of this License and resulting
from any negligent act or omission of ARTCO or anyone claiming by, through, or
under ARTCO during the term of the License; and (b) any failure on the part of
ARTCO to perform or comply with any of the terms of this License. In case any
action, suit, or proceeding is brought against City by reason of such occurrence,
ARTCO will, at ARTCO's ' expense, resist and defend such action, suit, or
proceeding, or cause the same to be resisted and defended by counsel approved
by City.
11.2. City will defend, indemnify, and save harmless ARTCO from and against
all liabilities, obligations, claims, damages, penalties, causes of action, costs and
expenses (including, without limitation, reasonable attorneys' fees and expenses)
imposed upon or incurred by or asserted against ARTCO by reason of (a) any
accident, injury to, or death of persons or loss of or damage to property occurring
on or about the Licensed Premises during the term of this License and resulting
from any negligent act or omission of City or anyone claiming by, through, or
under City during the term of the License; and (b) any failure on the part of City to
perform or comply with any of the terms of this License. In case any action, suit,
or proceeding is brought against ARTCO by reason of such occurrence, City will,
at City's expense, resist and defend such action, suit, or proceeding, or cause
the same to be resisted and defended by counsel approved by ARTCO.
SECTION 12. FIRE AND CASUALTY; PARTIAL DESTRUCTION OF
PREMISES.
12.1. In the event of a partial destruction or damage of the Licensed Premises,
which is a business interference, that is, which prevents the conducting of a
4
normal business operation of ARTCO or the purposes identified above and which
damage is reasonably repairable within sixty (60) days after its occurrence, this
License shall not terminate but the rent for the Licensed Premises shall abate
during the time of such business interference or be refunded if previously paid.
In the event of partial destruction, ARTCO shall repair such damages within
sixty (60) days of its occurrence unless prevented from so doing by acts of God,
the elements, the public enemy, strikes, riots, insurrection, government
regulations, city ordinances, labor, material or transportation shortages, or other
causes beyond ARTCO's ' reasonable control.
12.2. Zoning. Should the zoning ordinance or any other action of the City make
it impossible for ARTCO, using diligent and timely effort to obtain necessary
permits and to repair and /or rebuild so that ARTCO is not able to conduct its
business on these premises, then such partial destruction shall be treated as a
total destruction as in the next paragraph provided.
12.3. Total Destruction Of Business Use. In the event of a destruction or
damage of the Licensed Premises so that ARTCO is not able to conduct normal
business operations, specifically including the purposes identified above on the
Licensed Premises or the then current legal use for which the premises are being
used and which damages cannot be repaired within sixty (60) days this License
may be terminated at the option of ARTCO. Such termination in such event shall
be effected by written notice of ARTCO to City, within twenty (20) days after such
destruction. ARTCO shall surrender possession within ten (10) days after such
notice issues, and each party shall be released from all future obligations
hereunder, City shall promptly refund rental pro rata to the date of such
destruction.
SECTION 13. CONDEMNATION.
13.1. If at any time during the term of this License all or substantially all of the
Licensed Premises or the improvements thereon shall be taken in the exercise of
the power of eminent domain by any sovereign, municipality, or other public or
private authority other than City, then this License shall terminate on the date of
vesting of title in such taking and any prepaid rent shall be apportioned based
upon the value of the property taken and the damages actually sustained taking
into consideration any contractual liability incurred by ARTCO as a result thereof
as of said date. Substantially all of the Licensed Premises and the improvements
thereon shall be deemed to have been taken if the remaining portion of the
Licensed shall not be of sufficient size to permit ARTCO to operate its business
thereon in a manner similar to that prior to such taking.
13.2. Temporary Taking. If the temporary use of the whole or any part of the
Licensed Premises or the Improvements thereon or the appurtenances thereto
shall be taken at any time during the term of this License in the exercise of the
power of eminent domain by any sovereign, municipality, or other authority other
5
than City, the term of this License shall not be reduced or affected in any way,
and ARTCO shall continue to pay in full the rent, additional rent, and other sum
or sums of money and charges herein reserved and provided to be paid by
ARTCO, and the entire award for such temporary taking shall be paid to ARTCO.
ARTCO shall repair and restore any and all damage to the Licensed Premises
and the improvements as soon as reasonably practicable after such temporary
taking.
13.3. Bankruptcy Or Insolvency Of ARTCO. In the event ARTCO is adjudicated
a bankrupt or in the event of a judicial sale or other transfer of ARTCO's License
interest by reason by any bankruptcy or insolvency proceedings or by other
operation of law, but not by death, and such bankruptcy, judicial sale or transfer
has not been vacated or set aside within ten (10) days from the giving of notice
thereof by City to ARTCO, then and in any such events, City may, at its option,
immediately terminate this License, re -enter said premises, upon giving of ten
(10) days' written notice by City to ARTCO, all to the extent permitted by
applicable law.
SECTION 14. DEFAULT. If ARTCO shall fail or neglect to observe, keep, or
perform any of the material covenants, terms, or conditions contained in this
License on its part to be observed, kept, or performed, and the default shall
continue for a period of thirty (30) days after written notice from City setting forth
the nature of ARTCO's default (it being intended that in connection with a default
not susceptible of being cured with diligence within thirty (30) days, the time
within which ARTCO has to cure the same shall be extended for such period as
may be necessary to complete the same with all due diligence), then and in any
such event, City shall have the right at its option, on written notice to ARTCO , to
terminate this License and all rights of ARTCO under this License shall then
cease. City, without further notice to ARTCO, shall have the right immediately to
enter and take possession of the Licensed Premises with or without process of
law and to remove all personal property from the Licensed Premises and all
persons occupying the Licensed Premises and to use all necessary force
therefore and in all respects to take the actual, full, and exclusive possession of
the Licensed Premises and every part of the Licensed Premises as of City's
original estate, without incurring any liability to ARTCO or to any persons
occupying or using the Licensed Premises for any damage caused or sustained
by reason of such entry on the Licensed Premises or the removal of persons or
property from the Licensed Premises.
SECTION 15. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT
OF THE OTHER. If default shall be made by either party in the performance of,
or compliance with, any of the terms, covenants or conditions of this License, and
such default shall have continued 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, covenant or condition, or make good such default and any amount
6
advanced shall be repaid forthwith on demand, together with interest at the rate
of 9% per annum, from date of advance.
SECTION 16. MECHANIC'S LIENS. Neither ARTCO nor anyone claiming by,
through, or under ARTCO, shall have the right to file or place any mechanic's lien
or other lien of any kind or character whatsoever, upon said premises or upon
any building or improvement thereon, or upon the interest of ARTCO therein, and
notice is hereby given that no contractor, sub - contractor, or anyone else who
may fumish any material, service or labor for any building, improvements,
alteration, repairs or any part thereof, shall at any time be or become entitled to
any lien thereon, and for the further security of the City, ARTCO 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 17. RIGHTS CUMULATIVE. The various rights, powers, options,
elections and remedies of either party, provided in this License, shall 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
shall 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 18. PROVISIONS TO BIND AND BENEFIT SUCCESSORS,
ASSIGNS, ETC. Each and every covenant and agreement herein contained
shall extend to and be binding upon the respective successors, heirs,
administrators, executors and assigns of the parties hereto.
SECTION 19. CONSTRUCTION. Words and phrases herein, including
acknowledgment hereof, shall be construed as in the singular or plural number,
and as masculine, feminine or neuter gender according to the context.
SECTION 20. ENVIRONMENTAL.
20.1. City. City shall assume liability and shall indemnify and hold ARTCO
harmless against all liability or expense arising from any condition which existed,
whether known or unknown, at the time of execution of the License which
condition is not a result of actions of ARTCO or which condition arises after date
of execution but which is not a result of actions of ARTCO.
20.2. ARTCO expressly represents and agrees:
(1) During the License term, ARTCO's use of the property will
not include the use of any hazardous substance without ARTCO
first obtaining the written consent of City. ARTCO understands and
agrees that City's consent is at City's sole option and complete
7
discretion and that such consent may be withheld or may be
granted with any conditions or requirements that City deems
appropriate.
(2) During the License term, ARTCO shall be fully liable for all
costs and expenses related to the use, storage, removal and
disposal of hazardous substances used or kept on the property by
ARTCO, and ARTCO shall give immediate notice to City 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) ARTCO, at its sole cost and expense, agrees to remediate,
correct or remove from the premises any contamination of the
property caused by any hazardous substances which have been
used or permitted by ARTCO on the premises during any term of
this License. Remediation, correction or removal shall be in a safe
and reasonable manner, and in conformance with all applicable
laws, rules and regulations. ARTCO reserves all rights allowed by
law to seek indemnity or contribution from any person, other than
City, who is or may be liable for any such cost and expense.
(4) ARTCO agrees to defend, indemnify and hold City harmless
from and against all claims, causes of action, damages, loss, costs,
expense, penalties, fines, lawsuit, liabilities, attorney fees,
engineering and consulting fees, arising out of or in any manner
connected with hazardous substances, which are caused or
created by ARTCO during the term of this License including, but
not limited to, injury or death to persons or damage to property, and
including any diminution of the value of any Licensed Premises
which may result from the foregoing. This indemnity shall survive
the cessation, termination, abandonment or expiration of this
License for a period of five years.
SECTION 21. NOTICES. All notices, demands, or other writings in this
License provided to be given or made or sent, or which may be given or made or
sent, by either party to the other, shall be 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 City: City of Dubuque, Iowa
City Manager
City Hall
50 West 13th Street
Dubuque, Iowa 52001
8
To ARTCO: ARTCO Fleeting Service
Regional Manager
12111 CR W
Cassville, WI 53806
WITH A COPY TO:
Archer Daniles Midland Company
P.O. Box 1470
Attention: General Counsel
Decatur, Illinois 62525
The address to which any notice, demand, or other writing may be given or made
or sent to any party as above provided may be changed by written notice given
by the party as above provided.
SECTION 22. MISCELLANEOUS.
22.1. Time Of The Essence. Time is of the essence of this License and all of its
provisions.
22.2. Governing Law. It is agreed that this License shall be governed by,
construed, and enforced in accordance with the laws of the State of Iowa.
22.3. Paragraph Headings. The titles to the paragraphs of this License are
solely for the convenience of the parties and shall not be used to explain, modify,
simplify, or aid in the interpretation of the provisions of this License.
22.4. Modification Of Agreement. Any modification of this License or additional
obligation assumed by either party in connection with this License shall be
binding only if evidenced in a writing signed by each party or an authorized
representative of each party.
22.5. Parties Bound. This License shall be binding on and shall inure to the
benefit of and shall apply to the respective successors and assigns of City and
ARTCO. All references in this License to "City" or "ARTCO" shall be deemed to
refer to and include successors and assigns of City or ARTCO without specific
mention of such successors or assigns.
22.6. Force Maleure. In the event that either party hereto shall be delayed or
hindered in or prevented from the performance of any act required hereunder by
reason of strikes, lockouts, labor troubles, unavailability or excessive price of
fuel, power failure, riots, insurrection, war, terrorist activities, chemical
explosions, hazardous conditions, fire, 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
License, then performance of such act shall be excused for the period of the
9
delay and the period for the performance of any such act shall be extended for a
period equivalent to the period of such delay.
IN WITNESS WHEREOF, the parties hereto have duly executed this
License in duplicate the day and year first above written.
((Remainder of this Page Left Blank))
10
CITY OF DUBUQUE, IOWA
By:
By:
Michael C. Van Milligen
Kevi S. Fimstahl,igCity Clerk
AMERICAN RIVER
TRANSPORTATION CO. INC dba
ARTCO Fleeting Service
By:
Ronald White, Regional Manager VAt
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
On this / j� '' da y of AkOfr/e,/, 2013, before me, a Notary Public in
and for the State of Iowa, personally appeared Michael C. Van Milligen and Kevin
S. Fimstahl, to me personally known, and, who, being by me duly sworn, did say
that they are the City Manager and City Clerk, respectively, of the City of
Dubuque, Iowa; that the seal affixed to the foregoing instrument is the corporate
seal of the city, and that the instrument was signed and sealed on behalf of the
city, by authority of its City Council, approved by the City Council of the City of
Dubuque, Iowa, on the day of , 2013, and that they acknowledged the execution
of the instrument to be their voluntary act and deed and the voluntary act and
deed of the corporation, by it voluntarily executed.
Commission Number 719986
My Commission Expires
!- JLl1�Jv
Notary Public in and for State of Iowa
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
On this G day of No ve ,n (re,r, 2013, before me, a Notary Public in
and for the State of Iowa, personally appeared Ronald White, to me personally
known, who being by me duly sworn did say that he is the Regional Manager of
ARTCO Fleeting Service, that (the seal affixed hereto is the seal of said)(no seal
has been procured by the said) corporation and that said instrument was signed
(and sealed) on behalf of said corporation by authority of its managers and the
11
said corporation acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation, by it voluntarily executed.
/O 1 •
JUANITA HILKIN
Commission Number 7083
fly Commisslon Expires a is IR_o f c
N ry for State of Iowa
a Public in and
F:\US E RS \tsteckle \Linda hI Wg reementslArcherDan i elsSo uthportSanitaryS ewerpockingAgreement_072913.doc
12
EXHIBIT A
LICENSED PREMISES
UuB Exhibit A - Sanitary Sewer Discharge Point bAGIS,
ADM Barge Operating Area
Mmterpirce al es Mitilarryve
1 inch = 80 feet
*Subject to Survey Verification
ere eled by: TWK 7/11/2013
updated by.
o......b e, c�,- •-n..• v.«.� W.wo.ac...o.,n�, c,.�� n.u. nn.awavn.,o.. i �n
13
City of Dubuque Insurance Requirements for Docking of Vessels
Insurance Schedule N
1. ARTCO shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage
required in Exhibit I prior to contract inception and at the end of the contract if the term of contract is
longer than 60 days. Each certificate shall include a statement under Description of Operations as to why
issued. Eg: Project # or Lease of premises at or construction of
2. All policies of insurance required hereunder shall be with a carrier 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 furnished to the contracting 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.
S. All required endorsements to various policies shall be attached to Certificate of insurance.
6. Provider shall be required to carry the minimum coverage /limits, or greater if required by law or other
legal agreement, in Exhibit I.
7. Whenever an ISO form is referenced the current edition of the form must be used.
14
City of Dubuque Insurance Requirements for Docking of Vessels
Insurance Schedule N (continued)
Exhibit I
A) MARINE GENERAL LIABILITY
General Aggregate Limit $5,000,000
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
B) PROTECTION & INDEMNITY LIABILITY $2,000,000
For A and B coverage:
a) Coverage shall be written on an occurrence, not claims made, form.
b) Include endorsement form "Designated Location(s) General Aggregate Limit."
c) Include endorsement indicating that coverage is primary and non- contributory.
d) Include endorsement to preserve Governmental Immunity. (Sample attached).
e) Include endorsement that deletes fellow employee exclusion.
f) 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.
C) WORKERS' COMPENSATION, LHWCA & EMPLOYERS LIABILITY
Statutory benefits covering all employees injured on the job by accident or disease as prescribed by
Iowa Code Chapter 85 as amended.
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 an endorsement providing a waiver of subrogation to the City of Dubuque
Longshoreman and Harbor Workers Compensation Act Coverage
15
City of Dubuque Insurance Requirements for Docking of Vessels
D) Environmental Impairment Liability or Pollution Liability (including transit)
$2,000,000 each occurrence, $4,000,000 policy aggregate
a) Include additional insured as follows: "The City of Dubuque, including all
It's elected and appointed officials, all its' employees and volunteers, all
Its' boards, commissions and /or authorities and their board members,
employees and volunteers.
b) Include an endorsement to preserve governmental immunity.
16
City of Dubuque Insurance Requirements for Docking of Vessels
Preservation of 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
17