Agreement with Kwik Trip, Inc. - Kwik Trip, Inc. Convenience Store/Gas Station at Intersection of Seippel Road and Airborne RoadCity of Dubuque
City Council Meeting
Action Items # 05.
Copyrighted
December 18, 2023
ITEM TITLE: Agreement with Kwik Trip, Inc. - Kwik Trip, Inc. Convenience Store/Gas
Station at Intersection of Seippel Road and Airborne Road
SUMMARY: City Manager recommending City Council approval of an Agreement with
Kwik Trip, I nc. (KTI) for off -site roadway and utility improvements at the
intersection of Seippel Road and Airborne Road related to the proposed
Convenience Store/Gas Station site improvements in the southeast
quadrant of said intersection and authorize the City Manager to execute
said Agreement.
RESOLUTION Approving an agreement between the City of Dubuque,
Iowa and Kwik Trip, Inc. for construction of certain off -site public roadway
and utility improvements at the intersection of Seippel Road and Airborne
Road related to the proposed site improvements at said intersection
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Supporting Documentation
Development Agreement KT Supporting Documentation
THE CITY OF
Dubuque
DUB TEE1.
All -America City
Masterpiece on the Mississippi
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Agreement with Kwik Trip, Inc.
Kwik Trip, Inc. Convenience Store/Gas Station at Intersection of Seippel
Road and Airborne Road
DATE: December 14, 2023
City Engineer Gus Psihoyos is recommending City Council approval of an Agreement
with Kwik Trip, Inc. (KTI) for off -site roadway and utility improvements at the intersection
of Seippel Road and Airborne Road related to the proposed Convenience Store/Gas
Station site improvements in the southeast quadrant of said intersection and authorize
the City Manager to execute said Agreement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
L [yTI L WA
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, PE/PLS
Bob Schiesl, Assistant City Engineer
Wally Wernimont, Planning Services Director
THE CITY F
DUT�BQTE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
Dubuque
AII•America City
�CAKII.
2ao7-2012t2013
2017*2019
SUBJECT: Agreement with Kwik Trip, Inc.
Kwik Trip, Inc. Convenience Store/Gas Station at Intersection of Seippel
Road and Airborne Road
DATE: December 8, 2023
INTRODUCTION
The purpose of this memorandum is to request City Council approval of an Agreement
with Kwik Trip, Inc. (KTI) for off -site roadway and utility improvements at the intersection
of Seippel Road and Airborne Road related to the proposed Convenience Store/Gas
Station site improvements in the southeast quadrant of said intersection.
BACKGROUND
Recently, KTI had submitted a site plan to improve the 8.3-acre site located at the
southeast quadrant of the intersection of Seippel Road and Airborne Road. The
proposed site development includes a KTI convenience store and gas station. The site
improvements will include both car/truck and semi fueling stations.
DISCUSSION
During the site plan review process, the City requested that KTI hire a consultant to
perform a Traffic Impact Study due to the fact that convenience stores and gas stations
are high traffic generator land uses. According to the traffic study prepared for Kwik
Trip by ARC Design Resources Inc. and dated 11-20-2022, intersection improvements,
including a right turn lane at the southeast corner of the Airborne Road and Seippel
Road intersection and striping for a southbound left turn lane on Airborne Road at the
northerly proposed driveway of the convenience store site, would be required at the
opening year to adequately address the traffic impacts from the proposed KTI site
development.
It is the City's policy to require developers to pay for the necessary public traffic safety
and street improvements required based on the development's traffic impacts however,
in site plan approved cases without a planned unit development, rezoning or a plat
approval, the City cannot make this a requirement without an existing ordinance which
does not yet exist. The City of Dubuque has entered into an agreement (see agreement
attached) with KTI setting forth terms and conditions for the off -site street improvements
work. Per the Agreement, KTI is voluntarily accepting responsibility for all costs related
to right turn lane at the southeast corner of the Airborne Road and Seippel Road
intersection and striping for a southbound left turn lane on Airborne Road at the
northerly proposed driveway of the convenience store site. KTI will design and
construct the right and left turn lane improvements.
Based on projected growth and development in the surrounding areas, the traffic study
also recommends that in year 2028 (year 5 after Kwik Trip opening) the existing
intersection of Seippel and Airborne should be upgraded to include traffic signals with
geometric modifications (additional thru and turn lanes). The City is planning to design
and construct a roundabout intersection at this location, which will meet the same
standards of traffic signals sometime in the future when traffic volumes warrant the
improvements. The City prefers roundabouts to over signalized intersections for the
following reasons:
1. When planning for intersection improvements, the City of Dubuque prefers
roundabouts to traffic signals whenever appropriate conditions exist.
2. Roundabouts save the taxpayers money in maintenance and electricity costs over
the life of the project.
3. Roundabouts are easier to maintain than signalized intersections.
4. Roundabouts are safer for pedestrians/bicyclists and prevent head on or T-bone
crashes.
5. Roundabouts offer improved flexibility for business access/Roadway locations.
6. Roundabouts effectively and safely slow traffic and improve traffic flow.
7. Roundabouts are being added by local and state governments across the US.
Today, they are commonplace for large vehicle operators such as semi or dump
truck drivers.
8. Roundabouts reduce fuel consumption and save money, especially for truck
drivers.
A roundabout at the subject intersection would work well in concert with the existing
signalized and roundabout intersections at the north interchange of the Southwest
Arterial.
The City intends to assess for any public improvements if, and when, public
improvements become necessary in the future. The assessment process is never fully
funded by private property owners and always includes a significant portion of
responsibility retained by the City to account for current and ongoing usage by the
public. Assessments for the future public improvements would be predicated upon
there being an essential nexus between the development and the City's interests and
assessment amounts would be roughly proportional to the impacts of each individual
development property.
The City has completed a conceptual design for the future roundabout intersection. Per
the agreement, KTI has agreed to sell to the City any needed right of way for the future
roundabout intersection. In coordination with the Kwik Trip site construction schedule,
the City is also planning to lower an existing watermain and fiber optics utility, along with
associated grading, on the south side of Seippel Road just east of its intersection with
Airborne Road to accommodate construction of future intersection improvements at
Seippel and Airborne as conceptually shown on Exhibit E. In addition, the City is
offering KTI the option to lower the existing watermain and fiber optics utility, along with
associated grading, along the remainder of the KTI site's northern frontage to increase
visibility to their site as part of the City project. KTI would be responsible for
reimbursing the City their share (50%) of the actual costs of the watermain, fiber optics,
and grading project.
The City requires site developers to extend public utilities to their site when not already
present. The City also requires developers to extend public utilities through their site so
that future upstream/adjacent developers can connect and extend. Based on this, KTI
has agreed to extend public water main thru the site and public sewer main to the site.
The agreement also provides for maintenance of and cost sharing for the construction
of a recreational trail along the KTI's Seippel Road frontage.
KTI plans tentatively to begin construction of the proposed public off site and private site
improvements in the Spring of 2025 and to be open for business 2026. The City will
complete the water main, fiber optics, and grading project in coordination with/prior to
the construction of the Convenience Store/Gas Station business.
A copy of the Agreement executed by KTI is attached.
RECOMMENDATION
I recommend that the City approve the Agreement with KTI for off -site roadway and
utility improvements at the intersection of Seippel Road and Airborne Road related to
the proposed Convenience Store/Gas Station site improvements at said intersection per
the terms of the attached Agreement.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution approving said Agreement and
authorizing the City Manager to execute said Agreement.
Attach.
Prepared by: Nate Kieffer, PE/PLS
CC' Bob Schiesl, Assistant City Engineer
Wally Wernimont, Planning Services Manager
Prepared by: Nate Kieffer City of Dubuque, 50 W. 13th Street Dubuclue, IA 52001 563 589-4270
Return to Adrienne N. Breitfelder, City Cleric, 50 W. 1 V St., Dubuque, fA 52001, (563) 589-4100
RESOLUTION NO. 411-23
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND KWIK
TRIP, INC. FOR CONSTRUCTION OF CERTAIN OFF -SITE PUBLIC ROADWAY AND
UTILITY IMPROVEMENTS AT THE INTERSECTION OF SEIPPEL ROAD AND
AIRBORNE ROAD RELATED TO THE PROPOSED SITE IMPROVEMENTS AT SAID
INTERSECT -ION -
WHEREAS, Kwik Trip, Inc. (KTI) has proposed a development project (the Project)
at the intersection of Seippel Road and Airborne Road; and
WHEREAS, the City of Dubuque has determined that the Project will require certain
improvements to the public right of way of Seippel Road and Airborne Road and KTI agrees
that such improvements are reasonable and necessary; and
WHEREAS, the City of Dubuque has negotiated an Agreement, subject to City
Council approval, with Kwik Trip, Inc. (KTI) for the construction of off -site public roadway
and utility improvements at the intersection of Seippel Road and Airborne Road related to
the proposed private site improvements by KTI at the southeast quadrant of said
intersection; and
WHEREAS, the City Council finds that it is in the best interest of the City of Dubuque
to approve the Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Agreement attached hereto is hereby approved.
Section 2. The City Manager is authorized and directed to execute the Agreement
on behalf of the City of Dubuque and to take such action as may be necessary to carry out
the terms of the Agreement.
Passed, Approved, and Adopted this 18tr day of December, 2023.
Attest:
, � �" , " /) " ,- �J" �" ,
Adrienne N. Breitfelder, City Clerk
PUBLIC IMPROVEMENTS AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
KWIK TRIP, INC.
This Agreement (the Agreement), dated for reference purposes the 18th day of
December , 2023, is made and entered into by and between Kwik Trip, Inc., a
Wisconsin corporation (Kwik Trip) and the City of Dubuque, Iowa (City).
Whereas, Kwik Trip is the Contract Buyer of the property legally described as.
Lot 1 of Airborne Place, in the City of Dubuque, Iowa, according to the
recorded plat thereof
and as shown on Exhibit A (the Development Project Site); and
Whereas, Kwik Trip desires to develop the Development Project Site for a
convenience store/fueling station (the Development Project) as conceptually shown on
Exhibit B; and
Whereas, City and Kwik Trip have determined that the Development Project will
require certain traffic safety and public utility improvements, including but not limited to a
right turn lane at the southeast corner of the Airborne Road and Seippel Road
intersection, striping for a southbound left turn lane on Airborne Road at the northerly
proposed driveway of the Development Project Site, extension of water main along the
Airborne Road frontage of the Development Project site from Seippel Rd. to the south
side of the southerly proposed driveway of the Development Project Site, and extension
of sanitary sewer main in the former Cousins Road right of way from the existing sanitary
sewer main to the point of connection at the Development Project Site as set forth herein
and as shown conceptually on Exhibit C1, C2, and C3 (the Required Improvements) and
Kwik Trip agrees that such improvements are reasonable and necessary; and
Whereas, City and Kwik Trip have agreed the Development Project should
proceed on the Development Project Site subject to the conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN KWIK TRIP AND CITY AS
FOLLOWS:
SECTION 1. CITY OBLIGATIONS.
1.1 City shall pay for the actual additional cost of upsized water main pipe (6" to 12"
diameter) for the proposed water main extension along Airborne Road shown in Exhibit
C2.
12132023ball 1292023baI
1.2 City shall pay for one-half of the cost of the construction of a ten foot wide
recreational trail along the Development Project Site's Seippel Rd frontage
(approximately 360 feet of ten foot wide recreational trail) as conceptually shown on
Exhibit B.
1.3 City shall be responsible to construct and pay the cost to lower approximately 200
lineal feet of water main, fiber optics utility and associated grading at the northwest portion
of the Development Project Site to accommodate construction of future intersection
improvements at Seippel and Airborne as conceptually shown on Exhibit E. City shall
schedule and coordinate this work to coincide with the construction activities at the site
and shall be completed no later than September 1, 2024. The estimated design and
construction costs of the northwestern portion of the project is $100,000.
1.4 City will purchase any right of way necessary for future intersection improvements
at Seippel Rd. and Airborne Rd. over the Development Project Site as conceptually
shown in Exhibit D.
1.5 There will be no water and sewer connection fees for the Development Project Site
per the 2001 Agreement between the City of Dubuque and Plastic Center, Inc.
SECTION 2. KWIK TRIP REQUIRED IMPROVEMENTS.
2.1 Kwik Trip shall extend water main along the Airborne Road frontage of the
Development Project Site from Seippel Road to the south side of the southerly proposed
driveway of the Development Project Site as conceptually shown in Exhibit C2 and in
accordance with City of Dubuque Standards and Specifications, all in a manner
acceptable to the City Engineer, and in accordance with the construction improvement
plans approved by the City Engineer, and inspected and approved by the City Engineer.
2.2 Kwik Trip shall extend sanitary sewer main in the former Cousins Road right of
way from the existing sanitary sewer main to the point of connection at the Development
Project Site as conceptually shown in Exhibit C1 and in accordance with City of Dubuque
Standards and Specifications, all in a manner acceptable to the City Engineer, and in
accordance with the construction improvement plans approved by the City Engineer, and
inspected and approved by the City Engineer.
2.4 Kwik Trip shall provide insurance, according to Schedule F attached hereto as
Exhibit F, securities, and inspection fees for the water and sewer main extensions detailed
above. Securities shall be in the amount of 110% of the estimated cost of the
improvements in the form of a Letter of Credit or Bond. Inspection fees shall be in the
amount of 3% of the estimated cost of the improvements.
2.5 Kwik Trip shall construct a right turn lane at the southeast corner of the Airborne
Rd and Seippel Rd intersection and striping for a southbound left turn lane on Airborne
Rd at the northerly proposed driveway of the KT site as conceptually shown in Exhibit C3
and in accordance with City of Dubuque Standards and Specifications, all in a manner
2
acceptable to the City Engineer, and in accordance with the construction improvement
plans approved by the City Engineer, and inspected and approved by the City Engineer.
Kwik Trip shall provide insurance according to Exhibit F, securities, and inspection fees
for the same. Securities shall be in the amount of 110% of the estimated cost of the
improvements in the form of a Letter of Credit or Bond. Inspection fees shal be in the
amount of 3% of the estimated cost of the improvements.
2.6 Kwik Trip shall not receive a final certificate of occupancy until the Required
Improvements as detailed above are completed and operational. .
2.7 Kwik Trip shall be responsible for the cost to lower approximately 200 lineal feet of
water main, fiber optics utility, and associated grading, including material hauling, at the
northeast portion of the Development Project Site to improve site visibility to the
Development project as conceptually shown on Exhibit E. City shall schedule and
coordinate this work to coincide with the construction activities at the site. City shall
design and bid the entire project being approximately 400 lineal feet of lowering water
main, fiber optics utility, and associated grading along the northern portion of the
Development Project Site (Entire Lowering Project). City shall share the bid results with
Kwik Trip and Kwik Trip shall have the option of deleting their 200 lineal feet of the Entire
Lowering Project at their own discretion and Kwik Trip shall then have no responsibility
for any costs related to the Entire Lowering Project. If this option is waived by Kwik Trip,
the City will construct the Entire Lowering Project and invoice Kwik Trip for fifty (50)
percent of the actual cost of construction of the Entire Lowering Project. Kwik Trip shall
reimburse City for the invoiced amount within 30 days of receipt of said invoice. The
estimated design and construction costs for the Entire Lowering Project is $200,000
2.8 Kwik Trip shall maintain the recreational trail along the Development Project site's
Seippel Road frontage until such time as the Southwest Arterial Trail connects to the
Devopment Project Site trail portion. At that time, City will take over maintenance of the
trail along the Development Project Site frontage.
SECTION 3. BINDING ON SUCCESSORS AND ASSIGNS. This Agreement shall be
binding upon the parties hereto and their successors and assigns.
SECTION 4. CITY COUNCIL APPROVAL REQUIRED. This Agreement is subject to
final approval by the City Council in its sole discretion.
SECTION 5. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent
permitted by law, Kwik Trip and the City shall defend, indemnify and hold harmless the
other party, its officers and employees, from and against all claims, damages, losses and
expenses claimed by third parties, but not including any claims, damages, losses or
expenses of the parties to this Agreement, including but not limited to attorneys' fees,
arising during the construction of the Required Improvements as detailed above.
Kwik Trip shall provide insurance as described in the attached insurance schedule related
to claims arising during Kwik Trip's construction of of the Required Improvements as
detailed above.
SECTION 6. DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT
DISTRICT. The City plans to add the Development Project Site to the Dubuque Industrial
Center Economic Development District (District). All of City's obligations under this
Agreement shall be subject to City having completed all hearings and other procedures
required to amend the Urban Renewal Plan to describe the Urban Renewal Project being
undertaken in accordance with this Agreement by no later than December 31, 2024. Once
the District is amended by adding the Development Project Site, City will request all
property owners in the District to consent to an amendment to the Declaration of
Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges for
property in the District making it applicable to the Development Project Site. Kwik Trip
agrees to consent to that amendment.
CITY OF DUBUQUE, IOWA
By:
Micha I C. Van Milligan
City Manager
Date: 12/19/2023
4
KWIK TRIP, INC.
By:.
Name: eFfr 02raL�
Its: -TV--cas
Date: 12 1 I 2 3
EXHIBIT A
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EXHIBIT C3
TRAFFIC SAFETY IMPROVEMENTS CONCEPT
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EXHIBIT D
RIGHT OF WAY ACQUISITION
15
16
EXHIBIT E
WATER MAIN LOWERING CONCEPT
17
18
EXHIBIT F
INSURANCE SCHEDULE F
19
City of Dubuque tnsuranco Requirements for General. Artisan or Trade Contractors.
Subcontractors or Suit -Subcontractors
Class /A
Class a --
Class C:
Page 1 of 6
INSURANCE SCHEDULE F
Asbeslos Removal
Fiber Optics
Sanitary Sewers
Asphalt Paving
Fire Protection
Shoat Metal
Concrete
Fireproofing
Site Utilities
Construction Managers
General Contractors
Sharing
Cranes
KVAC
Special construction
Culverts
Mechanical
Steel
Decking
Paving & Surfacing
Storm Sewers
DamoYtlon
Piles & Caissons
Structural Steel
Deconstruction
Plumbing
Trails
Earthwork
Retaining Walls
Tunneling
Electrical
Relnlioroement
Water main
Elevators
Roofing
Chemical Spraying
Landscaping
Rough Carpentry
Doors, Window &
Masonry
Stump Grinding
Glazing
Vehicular Snow Removal
Tank Coating
Drywall Systems
Pamung & Wall Covenng
Tree Removal
Fertilizer Application
Pest Control
Tree Trimming
Geotech Boring
Scaffolding
Tuckpoirtting
Insulation
Sidewalks
Walarpmoling
Finish Carpentry
Plastering
well Drilling
Carpet Cleaning
General Cleaning
Pmver Washing
Carpet & Resilient
Grass Cutting
Tde & Terrazzo Flooring
Flooring
Janitorial
ViAndrnv Washing
Caulking & Sealants
Non Vehicular Snow &
AcouStical Ceiling
toe Removal
Filter Cleaning
Ofke Furnishings
Schedule F. Gerieral, Artisan or Trade Centraclors. Subc.onraciors or Sub Subcontractors January 2023
20
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
Contractor shall fumish a signed cendicato of insurance to line department responsible for the
contract for the coverage required in Exhibit I prior to commenrang work and at the and 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 falling. Each certificate sihatl be
prepared on the most current ACORD form approved by the towa Department of Insurance or an
equrvaienl approved by the Director of Finance and Budget or 'Designee. The certiLple must
clearly tndica'le the project number, project name. or project description for which it is being
provided Eg. Project # Project name. or
Project Location at roll construction of
2. All policies of insurance required hereunder shall be with an Insurer authori¢ed to do business
Iowa and all insurers shall have a rating of A or better in the current A_A4_ Best's Rating Guide.
3. Each Cenifrcata required shall be fumtshed 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 shaft require all subcontractors and sub -subcontractors to obtain and mainlaIn during
the performance of work insurance for the coverages described in this Insurance Schedule and
shall Wain 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 trial nlain such coverage. The Ciiy may request a copy of such certificates from the
Contractor_
6. All required endofsernents shall be attached to Lha certificate. The certificate bs due before the
contractlagreament can be approved_
7. whenever an ISO form m referenced the current edition muss be provided.
a. Contractor shall be required to carry the minimum coveragellimit. or greatef if required by iav v or
other legal agreement_ in Exhibit I - Insurance Schedule F. li the contractor's limits of IlabiIity 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 conlificates of Insurance must Include agents name, phone nun"i, and email address.
11. T" City of Dubuque reserves the right to require corrplOW, certified copies of aIt required
Insurance policies. Including endorsements, required by this Schedule at any time.
12, The City of Dubuque reserves the right to madtfy these requirements, rncluditrg limits, based an
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 Stl--edule F. General, Artisan or Trade Contra cto s. subcontractors a Sub Subcon[raGms January 2023
21
Page 3 of 6
City of Duhuque Insurance Requirements for General. Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
g4ms
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Ldmlt S2,000k00
Products -Completed Operations Aggregate Limit $2,000.0(X
Personal and Adverfising Injury Limit $1,000.Wo
Each Occurrence $1,000.000
Fire Darnage Limit (any one occurrence) $50,WD
Medical Payments $5,00
1) Coverage sbau be written on an occurrence. not claims made. form_ The general
hability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 0002. All deviations from the standard ISO commercial general
debility form CG 00 01 or business owners farm BP 00 02 shall be clearly
identified.
2) include ISO endarsernenI form CG 25 04 'Designated Locationfs} General
Aggregate Limit' or CG 25 03'Designatad Construct►ort Projeclis) General
Aggregate Lime as appropriate.
3) Include endorsement indwa0ng 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
erployees and volunteers. all its boards, mmm&ssions andlor authorities a.nd
their board members. employees and volunteers. Use ISO form CG 20 10
IOngoing operations).
6) The additional Insured endorsement shalt include completed opera lions undar
ISO form CG 20 37 during the project term and for a period of two years after the
oomplebon of the prvfecl.
7) Policy shall include Waiver of Right to Recover from Otheis endorsemeni-
8) Pot -icy shall include cancellation and material change endorsement
providing thirty (30) days advance written notice of cancellabon, non -renewal,
reduchon in insurance coverage andfar limits and ten (10) gays vritten notice of
non-payment of premium shall be sent to. City of Dubuque Finance Department.
50 West 13th Street Dubuque. Iowa 520019) Contraclor and subcontramor
shall not use any drone without the prior written approval at the city of Dubugtie.
Arty drone usage must comply with above Ilability limits and the add ihonat
insured endorsement must name the City of Dubuque with respect to alroraft
liabibLy coverage.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the lob by accident or dlseas a as
prescribed by Iowa Code Chapter 85.
Coverage A Statutory —State of lovra
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100.000
Policy Limlt-Disease $500,I}00
Policy shall include Waiver of flight to Recover from others endorsement
Sci-drzle # ,General, Arlisan or Trade Contractors, Subeonsractors or Sub Subcontractors January 2023
22
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
Coverage B limits shad be greater N required by the umbreitalexcess insurer_
QS
Ir. by Iowa Code Section 85.1A, the Contfactor is not required to purchase Workers'
Compensation Inswanoe, the Contractor shall have a copy of the State's Nonerection of
Workers' Compensation or Employers' Liability Coverage form on fire wifh the Iowa
Workers' Compensation: Insurance Commissioner, as required by Iowa Cale Secton
87,22. Completed form must be attached.
C) AUTOMOBILE LIABILITY
Combined Slagle Limit S1,000,000
Coverage shall include a?l awned. non -owned, and hired vollicles. If the Contractor s
buslness does not own any vehicles, coverage is required on non -awned and hired
vehicles.
Policy shag rnctude Waiver of Right to Recover from Others endorsement.
D) UMBRELL IEXCESS LIABILITY
The General Liabtify, AufornolNle Lrabdity and Workers Compensation Insurance
requirements may be satisfied with a embinatmm of primary and Umbrella of Excess
LlaWlty Insurance. If the Umbrella or Excess Insurance Policy does not lot low the form of
the Primary polrcles. It shall include the same endorsements as roqulred of the pnmary
policies including but not limited to Waiver of SubrogaWn and Primary and Non-
contributory in favor of the City.
All Class A contractors with conlracl values in excess of $10,000,000 must have
umbrellalexcess llabLlity coverage of $10.000.000.
AN Class A and Class B oontractors with contract values between $500,000 and
$10,t}00.000 must have umbrella)excess Ilabliity coverage of S3,00t1,000.
All Class A and B contractors with contract values less than $500,000 must have
umbreltaiexCess Iiabdity oovvrage of S1,000,000.
Al Class C contractors are not reyuued 10 have umbrellalexcess IIability coverage.
All contractors performing earth work must have a minimum of $3,000,000 unILKCHa
regardless of the contract value_
E) POLLUTION LIABILITY
Coverage required. _ Yes ^ NO
Pollution Ilabdity coverage shall be required if project involves any Pollution exposure for
hazardous or contaminated materials includong, but not limited to, the removal of lead.
asbestos, or PCS's. Pollution product and complete operations coverage shall also be
covered_
Page 4 of 6 Schedule F. General, Artisan or Trade Conlrartors, Subcontractors or Sub Subcontractors January 2023
23
City of ()ubuque Insurance Requirements for General. Artisan or Trade Contractors.
Subcontractors or Sub Subcontractors
Each Occurrence $2,000.000
Policy Aggregate S4,000,WID
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, t7ornmM.SiOnS andlor authorities and
their hoard members. enn;loyeees and votunteers. Use ISO form CG 20 10.
(Ongoing operations) or its equivalent and CG 20 37 (cornpWLed operaboris)
or its equivalent.
3) Include Preservation of Governmental Immunitles Endorsement.
4) Provide evidence of coverage for 5 years after completion of propect.
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 49. Pollution
Liabittty-Broad ened 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 ewir act for construction of demot ition v.mk on at Nvithin fi4 fW (50') from the edge
of the tracks of a railroad and affaetenq any railroad bridge, trestle. tracks. roadbeds.
tunnel. underpass, or crossing, for which an easrsmeni, license or inderrmiflcatlon of the
railroad is required, shall require evidence of the 10HOvrtng additional eaverages.
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-Rakroads). A copy of this endorsement shal be attached to the
certificate of Insurance.
Paue 5 of Schedule F. General. Artisan or Trade Contraclors. 5uboomractors ❑r Sub Subcontractors January 2023
24
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 on the waiver of the City's governmental immunities provided in lmva Code
sec. 670.4. If you would like to preserve those immunities. please use this endorsement or an equivaleril
form_
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv. The insurer expressty agrees and states Vial the purchase
of this policy and the lncluding 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 Coveraoe. The insurer further agrees that this policy of insurance shall 0DW only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 670A as it
now exerts and as it may be amended from time to time. Those ciaims nat subject to Cade of low
Section 670.4 shall be covered by the terms and conditions of this insurance polity.
3. Assertlon of Government Immunity. The City ni Dubuque. [ova shall be responsible for asserting
any defense of governmentat irmunity. and may do so at any time and shall do so upon the D"Iy W ritten
request of the insurer_
4. Non-Denra I of Coverage. The insurer shad not deny coverage under this poYcy and the Insurer
shall not deny any of the mjhts and benefits accruing to the City of Dubuque, lowa under this policy for
reasons of govern menlal immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of govemmental immunty asserted by the City of Dubuque, lows.
No Other Change in Policy. The above preservation of governmental immunities stead not otherwise
change or alter the coverage avaiIable under the policy.
SPECIMEN
{DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 6 of 6 S&--dine F, Generai, Artisan or Trade Contractors, Subcontractors or Sub Ssiticontraclors January 2023
25