Signed Contract for 514 Angella ProjectCity of Dubuque
City Council Meeting
ITEM TITLE
SUMMARY:
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
MVM Memo
Copyrighted
June 5, 2023
Consent Items # 014.
Signed Contract for 514 Angella Project
City Manager recommending City Council receive and file the signed
contract for 514 Angella, which is currently under construction by the Four
Mound HEART programs. Approval will authorize payments to Four
Mounds on a weekly basis.
Suggested Disposition: Receive and File; Approve
514 Angella Signed Contract - Staff Memo
514 Angella Signed Contract - Contract
Type
City Manager Memo
Staff Memo
Supporting Documentation
THE C
DUj!BQTE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Signed Contract for 514 Angella Project
DATE: June 1, 2023
Dubuque
WAWca 914
ii
2007-2012.2013
2017*2019
Housing & Community Development Director Alexis Steger is recommending City
Council receive and file the signed contract for 514 Angella, which is currently under
construction by the Four Mound HEART programs. Approval will authorize payments to
Four Mounds on a weekly basis.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis Steger, Housing & Community Development Director
Maddy Haverland, Urban Development and Housing Rehabilitation Project
Manager
THE C
Dubuque
DUUB%FE i �"�'cac III �
Masterpiece on the Mississippi .....
To: Michael C. Van Milligen, City Manager
From: Alexis M. Steger, Housing & Community Development Director
Subject: Signed Contract for 514 Angella Project
Date: May 31, 2023
BACKGROUND
The City of Dubuque acquired the property at 514 Angella by petition for title of
abandoned property. It is currently under construction by the Four Mounds HEART
programs for youth and adults for the purpose of rehabilitating and selling it to a low -
mod income first-time homebuyer.
The City and Four Mounds HEART have a contract whereby the City provides homes
for HEART to rehabilitate, and the City sells the homes after. Each property is
contracted for rehabilitation with HEART separately, sometimes in phases. Department
Director, Alexis Steger, is authorized to sign these contracts, however payment
requests from Four Mounds must be authorized through City Council. By authorizing the
contract in full, the payments against them can be made with any check batch, which
provides a better service to our partner.
RECOMMENDED ACTION
I respectfully request the City Council receive and file the signed contract for 514
Angella.
Prepared by: Maddy Haverland, Urban Development and Housing Rehabilitation Project
Manager
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Contractor Insurance on File:
Verification of Permit on File:
REHABILITATION CONTRACT
The Contract is between City of Dubuque, in Dubuque, Iowa, (referred to herein as the
"Owner") and Four Mounds Foundation / HEART Program, Dubuque, IA (referred to herein
as the "Contractor") warranting itself to be licensed, (if applicable), and qualified to perform the
work specified herein. This contract is for the property located at 514 Angella St. in Dubuque,
Iowa (referred to herein as the "Property").
In consideration of their mutual promises, the parties agree as follows:
SPECIFIC TERMS
1. Effective Date. This document shall have no force or effect unless and until executed
by the owner and the contractor, and approved by the City of Dubuque, Iowa (referred to herein
as the "City"), and unless and until a properly executed and approved copy is delivered to the
Contractor on or before sixty days from the date that bid was returned to the owner, the
Contractor may refuse to be bound by the terms of this Contract. If, however, a properly
executed and approved copy of this Contract is delivered after the above date and the
Contractor subsequently performs work or delivers material to the Property, the Contractor
shall be bound by the Contract. For the purposes of this paragraph, a copy of this Contract
shall be deemed to have been delivered to and received by the Contractor upon mailing by the
City to the Contractor's address shown above. The Contractor shall not be compensated
under this Contract for work commenced or materials delivered to the Property before the
Effective Date.
2. The Contract. This Contract consists only of the Specific Terms and the following
which must be on file in the rehab office:
A. Schedule of Work (Project Scope): Completing the interior rehabilitation of the property
according to the schedule of work listed in Appendix B and according to the floor plans
dated 10/21 /2022;
B. Insurance Certificate and endorsements:
C. Due to the presence of minors under the HEART Program umbrella, the Owner must
provide a signed "Certification Regarding Sex Abuse Registry" form to be herein
contained in this contract as Appendix A.
3. Contractor shall provide insurance as required by the attached insurance schedule.
4. Time for Commencement and Completion. The Contractor agrees to commence, or
cause to be commenced, the actual work described in the Schedule of Work within fourteen
days after the Effective Date. The Contractor agrees to complete, free of liens or rights of liens
of contractors, mechanics, material men or laborers, all work listed in the Schedule of Work by
December 31, 2023. The Contractor agrees that time is of the essence in this Contract.
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In the event that the work provided for in this contract is not completed by the completion date,
the amount payable to the contractor shall be reduced by $25 for each day the contract
remains uncompleted beyond the completion date. The completion date may be extended by
all the parties by a written agreement specifying the amended completion date.
5. Contract Price. The Contractor agrees to accomplish work as described in the
Schedule of Work in accordance with each and every term and condition of this Contract, for a
total contract price of $167,400.00
NOTE: PERMITS ARE REQUIRED FOR ALL BUILDING, HEATING, PLUMBING AND
ELECTRICAL JOBS. PAYMENT WILL NOT BE ISSUED UNTIL WE HAVE A COPY OF THE
PERMIT OR PERMIT NUMBER.
6. Progress Payments. 10% OF THE TOTAL CONTRACT AMOUNT WILL BE HELD
UNTIL 100% OF THE JOB IS DONE AND A FINAL INSPECTION HAS BEEN COMPLETED.
The Contractor agrees that the total contract price shall be paid in one or more progress
payments, based on the value of the work completed at the time the progress payment request
is made. Should any work, for which payment is requested, not be completed, be completed
incorrectly, or not be done in a quality workmanlike manner, the amount of such work shall be
deducted from the payment request. Payment for any work so deducted may be requested on
future requests for payment, provided, said work has been satisfactorily completed and the
reason for the initial denial of payment no longer exists. Partial lien waivers from all
subcontractors, major material suppliers, and the general contractor, as applicable, shall be
provided with each progress payment requested. Final lien waivers will be presented, from all
applicable parties, at the time the request for final payment is made. Such progress payments
shall be disbursed at the request of the Owner(s), after inspection and approval of the work by
the owner(s) and the City, less a hold back/retainage of 10% of the amount of work for which
payment is being requested (adjusted as applicable and as stated above). The holdback shall
be retained until final payment to protect the Owner from any default by the Contractor. Final
payment shall be due upon satisfactory completion and acceptance of work as being in
compliance with this Contract by the Owner and the City, permit sign -off (if applicable),
submission of satisfactory waiver(s) of liens, or a bond satisfactory to the Owner and the City
indemnifying the Owner against any lien, and the submission of all warranties and guarantees
to the Owner through the City. The Owner shall not withhold payment to the Contractor except
for non- compliance with the terms of this Contract and SHALL NOT REQUEST THE
CONTRACTOR TO PERFORM WORK OUTSIDE THE SCOPE OF THIS CONTRACT AS A
CONDITION OF RECEIVING PAYMENT. Any work completed that is not in compliance with
the terms set out in the Schedule of Work will not be paid for out of the rehabilitation funds
unless said additions/deletions/changes have been authorized by a written and approved
change order executed by all parties PRIOR to the commencement of such work. Payment for
any work completed without a written and approved change order is the SOLE
RESPONSIBILITY OF THE OWNER AND/OR THE CONTRACTOR. The Contractor shall not
refuse to complete the work set forth in the Schedule of Work because of any dispute between
himself/herself and the Owner relative to work contracted "on the side" or outside the scope of
work as set forth above.
The Contractor acknowledges that it is a material breach of this Contract to request or accept a
progress or final payment which is in excess of the price of the work (less the required
hold back/retainage) completed at the time such payment is requested.
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7. Warranty. The Contractor warrants that all improvements, hardware and fixtures of
whatever kind or nature to be installed or constructed on the Property by the Contractor or the
Contractor's sub -contractors will be of good quality, suitable for their purpose and free from
defects in workmanship or materials or other deficiencies. This is a full warranty extending to
the Owner and subsequent Owners of the Property; provided, however, that warranty set forth
in this paragraph shall apply only to the deficiencies and defects about which the Owner or
subsequent Owner(s) shall have notified the Contractor at the address stated above WITHIN
ONE YEAR, except for any longer warranty periods specified below:
8. Access and Maintenance of Records. The contractor must maintain all required
records for five years after final payments are made and all other pending matters are closed.
At any time during normal business hours and as frequently as is deemed necessary, the
contractor shall make available to the City of Dubuque, the General Accounting Office, and the
Department of Housing and Urban Development, for their examination, all of its records
pertaining to all matters covered by this contract and permit these agencies to audit, examine,
make excerpts or transcripts from such records, contract, invoices, payrolls, personnel records,
conditions of employment, and all other matters covered by this contract.
9. Federal, State and Local Laws. The Contractor must comply with the following laws
and regulations:
• Title VI of the Civil Rights Act of 1964, as amended;
• The Fair Housing Act — Title VIII of the Civil Rights Act of 1968, as amended;
• Section 104(b) and Section 109 of Title I of the Housing and Community
Development Act of 1974, as amended;
• Section 504 of the Rehabilitation Act of 1973, as amended;
• Americans with Disabilities Act of 1973;.
• Section 3 of the Housing and Urban Development Act of 1968;
• The Age Discrimination Act of 1975, as amended;
• Federal Executive Order 11063, as amended by Executive Order 12259
(implemented in 24 CFR Part 107);
• Federal Executive Order 11246 (as amended by Executive Orders 11375 and
12086) Equal Employment Opportunity Under HUD -assisted construction contracts;
• Age Discrimination in Employment Act of 1967, as amended;
• Chapter 216 of the Iowa Civil Rights Act of 1965, as amended;
• The Equal Pay Act of 1963, as amended;
• The Civil Rights Act of 1991, as amended;
• Davis -Bacon Act, as amended, where applicable under Sction110 of the Housing
and Community Development Act of 1974, as amended;
• Contract Work Hours and Safety Standard Act;
• Copeland Anti -Kickback Act;
• CARES Act of 2020;
• Civil Rights Act of 1965, as amended;
• Dubuque Civil Rights Ordinance, City o f Dubuque Code of Ordinances, Title 8, and
• Others as applicable
And shall include compliance with these provisions in very subcontract, specially or by
reference, so that such provisions will be binding upon each of its own subcontractors.
10. Nondiscrimination. No person shall be excluded from or denied the benefits of
Contractor's service or programs or be denied employment on the basis of race, color, religion,
creed, sex, sexual orientation, gender identity, national origin, ancestry, age, mental or physical
disability, marital status or familial status. The Contractor will take affirmative action to ensure
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that all employment practices are free from such discrimination and state that it is an Equal
Opportunity or Affirmative Action employer.
11. W/MBE. The Contractor will use its best efforts to afford minority — and women -owned
business enterprises (at least fifty-one (51) percent owned and controlled by minority group
member or women) the maximum practicable opportunity to participate in the performance of
this Contract.
12. Conflict of Interest. The Contractor agrees to abide by the provisions of 24 CFR
570.611 and 2 CFR Part 200 with respect to conflicts of interest. Requests for exceptions, as
permitted by federal regulations, must be made in the manner prescribed by the City.
13. Hatch Act. The Contractor agrees that no funds provided, nor personnel employed
under this Contract, shall be in any way or to any extent engaged in the conduct of political
activities in violation of Chapter 15 of Title V of the U.S.C.
14. Lobbying. The Contractor hereby certifies that:
a. No federal funds appropriated under this Contract have been paid or will be paid, by
or on behalf of it, to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of
congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative Contract, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant,
loan or cooperative Contract;
b. If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this federal contract, grant,
loan, or cooperative Contract, it will complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions;
c. It will require that the language of paragraph (d) of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative Contracts) and that
all Contractors shall certify and disclose accordingly;
15. Restrictions. The Contractor is prohibited from using CDBG funds or personnel
employed in the administration of the program for political purposes, or to engage in other
partisan political activities, sectarian, or religious activities or nepotism activities
16. Environmental Standards. 24 CFR Part 58; 24 CFR 570.604; and Section 104(g)
HCD. The Contractor agrees to comply with the policies of the National Environmental Policy
Act of 1969. The purpose of this Act is to attain the widest use of the environment without
degradation, risk to health or safety or other undesirable and unintended consequences.
a. Air, Water and Solid Waste. The Contractor agrees to comply with the following
requirements insofar as they apply to the performance of this Contract:
- The Clean Air Act, 42 U.S.C. 7401, et seq., as amended.
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- Federal Water Pollution control Act, as amended, 33 U.S.C. 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and information, as
well other requirements specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder.
- Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as
amended.
- The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et seq., and 21 U.S.C.
349) as amended;
- 42, U.S.C. 6901 et seq., as amended.
b. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster
Protection Act of 1973, the Contractor shall assure that for activities located in an area
identified by the Federal Emergency Management Agency (FEMA) as having special flood
hazards, flood insurance under the National Flood Insurance Program is obtained and
maintained as a condition of financial assistance for acquisition or construction purposes,
including rehabilitation.
c. Lead -Based Paint. The Contractor agrees that any construction or rehabilitation of
residential structures with assistance provided under this Contract shall be subject to HUD
Lead -Based Pain Regulations. Such regulations pertain to all CDBG-assisted housing and
require that all owners, prospective owners, and tenants of properties constructed prior to
1978 be properly notified that such properties may include lead -based paint. Such
notification shall point out the hazards of lead -based paint and explain the symptoms,
treatment and precautions that should be taken when dealing with lead -based paint
poisoning and the advisability and availability of blood lead level screening for children
under seven (7). The notice should also point out that if lead -based paint is found on the
property, abatement measures may be undertaken. The regulations further require that,
depending on the amount of federal funds applied to a property, paint testing, risk
assessment, treatment and/or abatement may be conducted.
d. Historic Preservation. The Contractor agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended and
the procedures set forth by the Advisory Council on Historic Preservation Procedures for
Protection of Historic Properties, insofar as they apply to the performance of this Contract.
In general, this requires concurrence from the State Historic Preservation Office for all
rehabilitation and demolition of historic properties that are fifty (50) years old or older or that
are included on a federal, state, or local historic property list.
17. Remedies for Non -Compliance and Termination.
Remedies for Noncompliance
If the City at any time determines the Contractor materially fails to comply with any term
of this Contract, or with any of the rules, regulations, or provisions referred to herein,
the City may use any or all of the remedies allowed under 2 CFR Part 200.338 and
200.339 to ensure compliance. The City may also impose additional specific award
conditions as needed at any time to ensure compliance in accordance with 2 CFR Part
200.207. Possible remedies include:
1. Warning. Issuance of a written warning citing the violation that has occurred, and a
deadline when the violation must be remedied if it is still occurring.
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2. Withholding Payment. Withholding of funds by the City until the Contractor is
found to be in compliance by the City.
3. Grant Adjustment. Adjustment in the payment method or reduction of the grant to
the Contractor when there is noncompliance and the violation cited has not been
remedied as specified.
4. Reimbursement. Reimbursement by the Contractor with non-CDBG funds for
CDBG funds which have not been spent in accordance with this Contract.
5. Termination. Termination of funds in whole or in part by the City if the Contractor
materially fails to comply with any term or condition of this Contract or with any of
the rules, regulations or provisions referred to herein, or for cause as allowed in 2
CFR Part 200.339. In the event of termination of this award, in accordance with 2
CFR Part 200.340(c), the information required under the Federal Funding
Accountability and Transparency Act (FFATA) must be provided to the Federal Web
site established to fulfill the requirements of FFATA, and update or notification must
be provided to any other relevant governmentwide systems or entities of any
indications of poor performance as required by 41 U.S.C. 417b and 31 U.S.C. 3321
and implementing guidance at 2 CFR Part 77. Additionally, the requirements for
Suspension and Debarment at 2 CFR Part 180 may apply.
6. Nonparticipation. Prohibition of the Contractor from future participation in the
CDBG program if the Contractor has not complied with the action administered by
the City.
7. Termination for Convenience. This Contract may be terminated in whole or in
part by either party upon providing the other party a written, ninety (90) day notice,
in which case the City and Contractor shall agree upon the termination conditions,
including the effective date, the disposition of Contract amounts, and in the case of
partial termination the portion to be terminated. However, if, in the case of partial
termination, the City determines that the remaining portion of the award will not
accomplish the purposes for which the award was made, and the award is
terminated in its entirety, Contractor shall promptly repay to the City the full grant
amount or that portion of the amount which has been disbursed to Contractor prior
to such termination.
8. Termination due to Loss of Funds. This Contract will terminate in full or in part,
at the discretion of the City, in the event the City suffers a loss of funding or
termination of the federal funds which permits it to fund this grant. In the event the
City suffers such a loss of funding, the City will give the Contractor as much written
notice as possible which will set forth the effective date of full or partial termination,
or if a change in funding is required, setting forth the change in funding and the
changes in approved budget.
18. Parties to Contract. The Owner and Contractor agree that they are the sole parties to
this contract and are solely responsible for its performance. The parties agree that neither the
City nor the United States Department of Housing and Urban Development (HUD) assumes
any liability or responsibility for the performance of any terms of this contract.
19. Hold Harmless and indemnification. The Contractor agrees to hold harmless and
indemnify the City and its agents, officials and employees against all suit, claims, damages,
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and losses, including attorney fees that may be based on any injury to person or property due
to negligent acts, errors or omissions of the Contractor.
20. Code of Conduct. The City expects that Contractors and any Subcontractors to
demonstrate courtesy, consideration and promptness in dealing with the public, program
participants, the City, and other governmental agencies.
21. Notice to Proceed. The City will issue a Notice to Proceed to the Contractor to incur
costs relative to this contract.
�TTdd(/�GQ/ dotloop verified
O5/26/23 2:29 PM CDT
D4VR-WSDM-YVO5-OCVK
City of Dubuque, Maddy Haverland
Urban Development & Housing Rehabilitation
Project Manager
05/26/2023
Date
dotloop verified
��Pere� 05/30/23 3:34 PM CDT
XIVO-P7NB-DEQY-BOUK 05/26/2023
Four Mounds Foundation, Nate Peterson Date
HEART Project Manager
Title
05/26/2023
Approved by City on , 2023
dotloop verified
B��� 05/26/232:31 PM CDT
y• HVGM-FD3F-BK6Q-SP4D
Alexis Steger, Director
Housing & Community Development Dept.
Mailed to Contractor and effective on 2023
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APPENDIX A
CERTIFICATION REGARDING SEX ABUSE REGISTRY
The undersigned, on behalf of Four Mounds HEART (hereinafter "Contractor"),
hereby certifies that any and all of its employees or independent contractors having access to
the HEART site locally known as 514 Angella St. (hereinafter the "Site") are not listed on any
government -run sex offender registry. The undersigned further acknowledges that HEART is a
youth program, dedicated first and foremost to the safety and security of all youth participating
therein, and as an express condition of working on the Site, neither Contractor nor any of its
employees, subcontractors, or agents may be convicted of any sex -related crime nor be listed
on any government -run sex offender registry.
Dated this26th day of May 2023.
dodoop verified
Pi�PP�YiJBsri 05/30/23 3:34 PM CDT
440R-EBJB-GQ7X-KK5E
Signature
Nate Peterson
Print Name
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APPENDIX B
SCHEDULE OF WORK
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514 Angella Interior Work 5/22/2023
Item Scope Estimate
#1 General
Inspect waste lines $500.00
Permit $800.00
Subtotal $1,300.00
#2 Foundation
Block in windows $1,600.00
Block in the doorway and frame existing hole in wall $700.00
Subtotal $2,300.00
#3 Framing
Interior Framing $7,500.00
(c.o.) Staircase to basement stairs $1,600.00
#4 Plumbing
Drains and water lines to all fixtures
Gas piping to furnace, water heater, stove and dryer.
Aker-cm-60 white T/S
White cable drain
Delta R10000 universal t/s valve
Delta T13420 CP t/s trim
Delta 520 lav faucet
Gerber Maxwell round toilet bowl and tank
Mainline 4 hole 33x22 ks
Delta 400 Kitchen faucet
Lucky 7 Basket strainer
40 gallon nat gas power vent w/h
Install sump pump
#5 Electrical
New 200 amp service, 40/80 space homeline sq panel, new meter, conduit and wire
Wiring all three levels per plan and per 2020 NEC
Includes lisht fixtures
Subtotal $9,100.00
Subtotal $14,300.00
Subtotal $20,300.00
#6 HVAC $12,650.00
Mainline 60,000 BTU 96% 2-stage furnace, mainline 2-ton 13 seer A/C, thermostat, registars, new duct
work to the main floor and 2"d floor, 2 bath fans and a dryer vent.
Material, labor, tax, and permits.
*depending on availability- A/C unit may change if mainline isn't in stock.
*optional upgrade wi-fi thermostat- $100 - DECLINED
*optional upgrade 2-ton 16 seer A/C unit- $500 - ACCEPTED AND ADDED $500.00
Subtotal $13,150.00
#7 Siding
Seagrass color double 4" S&R brand, includes new soffit over existing soffits with aluminum white
Subtotal $19,800.00
#8 Porches
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Front porch: Replace posts
Rear porch: build with treated decking and railings with staircase off to the side.
Subtotal $3,900.00
#9 Gutters
New throughout with downspouts - white
Subtotal $3,050.00
#10 Insulation
Sprayfoam insulation 3" thick and blow in attic.
Subtotal $16,300.00
#11 Drywall
Drywall up to code compliant and mud taped with a semi -smooth finish.
Subtotal $15,600.00
#12 Painting
Paint according to colors selected by City representative
Subtotal $6,700.00
#13 Cabinets
Plans for cabinets based on drawings
Midgrade cabinets
Includes bathroom vanities
Subtotal $13,500.00
#14 Trim and Doors
5-panel solid core doors finished according to City representative
Trim for windows, doors, baseboards finished according to City representative
Subtotal $13,900.00
#15 Flooring
Mid grade LVT flooring throughout
Subtotal $11,200.00
#16 Stairs
Resotration of staircase from main level to second floor
Subtotal $500.00
#17 Accessories
Includes closet rods, shelving, door knobs, cabinet pulls, handrails, hinges, etc.
Subtotal $2,500.00
TOTAL $167,400.00
Submitted by Nate Peterson, HEART, on 5/19/2023. Transposed to Excel & notes added by MCH, 5/22/2023.
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APPENDIX C
SCHEDULE OF INSURANCE
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City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub -Subcontractors
Class A:
Class B:
Class C:
INSURANCE SCHEDULE F
Asbestos Removal
Fiber Optics
Sanitary Sewers
Asphalt Paving
Fire Protection
Sheet Metal
Concrete
Fireproofing
Site Utilities
Construction Managers
General Contractors
Shoring
Cranes
HVAC
Special construction
Culverts
Mechanical
Steel
Decking
Paving & Surfacing
Storm sewers
Demolition
Piles & Caissons
Structural Steel
Deconstruction
Plumbing
Trails
Earthwork
Retaining Walls
Tunneling
Electrical
Reinforcement
Water main
Elevators
Roofing
Chemical Spraying
Landscaping
Rough Carpentry
Doors, Window &
Masonry
Stump Grinding
Glazing
Vehicular Snow Removal
Tank Coating
Drywall Systems
Painting & Wall Covering
Tree Removal
Fertilizer Application
Pest Control
Tree Trimming
Geotech Boring
Scaffolding
Tuckpointing
Insulation
Sidewalks
Waterproofing
Finish Carpentry
Plastering
Well Drilling
Carpet Cleaning
General Cleaning
Power Washing
Carpet & Resilient
Grass Cutting
Tile & Terrazzo Flooring
Flooring
Janitorial
Window Washing
Caulking & Sealants
Non Vehicular Snow &
Acoustical Ceiling
Ice Removal
Filter Cleaning
Office Furnishings
Page 1 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023
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City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
Contractor shall furnish a signed certificate of insurance to the department responsible for the
contract 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. Contractors 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 or Designee. The certificate must
clearly indicate the project number, project name, or project description for which it is being
provided Eg: Project # Project name: or
Project Location at or construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each Certificate required shall be furnished to the Department of the City of
Dubuque.
4. Failure to provide the coverages described in this Insurance Schedule 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 contract.
5. Contractor 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 insurance from all such subcontractors and sub -subcontractors.
Contractor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to
obtain and maintain such coverage. The City may request a copy of such certificates from the
Contractor.
6. All required endorsements shall be attached to the certificate. The certificate is due before the
contract/agreement can be approved.
7. Whenever an ISO form is referenced the current edition must be provided.
8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or
other legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are
higher than the required minimum limit, then the contractor's limits shall be this agreement's
required limits.
9. Contractor 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.
10. All certificates of insurance must include agents name, phone number, and email address.
11. 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.
12. 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 contract, subject to
mutual agreement of the parties.
Page 2 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023
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City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $2,000,000
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) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 00 02. 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) 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 10
(Ongoing operations).
6) The additional insured endorsement shall include completed operations under
ISO form CG 20 37 during the project term and for a period of two years after the
completion of the project.
7) Policy shall include Waiver of Right to Recover from Others endorsement.
8) Policy shall include cancellation and material change endorsement
providing thirty (30) days advance written notice of cancellation, non -renewal,
reduction in insurance coverage and/or limits and ten (10) days written notice of
non-payment of premium shall be sent to: City of Dubuque Finance Department,
50 West 13th Street Dubuque, Iowa 520019) Contractor and subcontractor
shall not use any drone without the prior written approval of the city of Dubuque.
Any drone usage must comply with above liability limits and the additional
insured endorsement must name the City of Dubuque with respect to aircraft
liability coverage.
B) 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.
Page 3 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023
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City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
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.
C) 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.
D) UMBRELLA/EXCESS LIABILITY
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 but not limited to Waiver of Subrogation and Primary and Non-
contributory in favor of the City.
All Class A contractors with contract values in excess of $10,000,000 must have
umbrella/excess liability coverage of $10,000,000.
All Class A and Class B contractors with contract values between $500,000 and
$10,000,000 must have umbrella/excess liability coverage of $3,000,000.
All Class A and B contractors with contract values less than $500,000 must have
umbrella/excess liability coverage of $1,000,000.
All Class C contractors are not required to have umbrella/excess liability coverage.
All contractors performing earth work must have a minimum of $3,000,000 umbrella
regardless of the contract value.
E) POLLUTION LIABILITY
Coverage required: Yes No
Pollution liability coverage shall be required if project involves any pollution exposure for
hazardous or contaminated materials including, but not limited to, the removal of lead,
asbestos, or PCB's. Pollution product and complete operations coverage shall also be
covered.
Page 4 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023
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City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured 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 10.
(Ongoing operations) or its equivalent and CG 20 37 (completed operations)
or its equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
5) Include endorsement indicating that coverage is primary and non-
contributory.
6) Policy shall include waiver of right to recovery from others endorsement.
7) Pollution liability shall include ISP endorsement CA 99 48. Pollution
Liability -Broadened Coverage for Covered Autos, or equivalent
endorsement if the contractor has vehicles that transport fuel onto the
Owner's property.
F) RAILROAD PROTECTIVE LIABILITY
Coverage required: _ Yes _ No
Any contract for construction or demolition work on or within fifty feet (50') from the edge
of the tracks of a railroad and affecting any railroad bridge, trestle, tracks, roadbeds,
tunnel, underpass, or crossing, for which an easement, license or indemnification of the
railroad is required, shall require evidence of the following additional coverages.
Railroad Protective Liability:
$ each occurrence (per limits required by Railroad)
$ policy aggregate (per limits required by Railroad)
OR
An endorsement to the Commercial General Liability policy equal to ISO CG 24 17
(Contractual Liability -Railroads). A copy of this endorsement shall be attached to the
certificate of insurance.
Page 5 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023
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City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
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 6 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023