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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