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Seippel Road Water Main Lowering Project Initiate Public BiddingCopyrighted June 3, 2024 City of Dubuque Items to be set for Public Hearing # City Council Meeting 03. ITEM TITLE: Seippel Road Water Main Lowering Project Initiate Public Bidding Process and Setting Date for Public Hearing - Project Code: 4281000059 SUMMARY: City Manager recommending City Council approval to initiate the public bidding process and set a public hearing on June 17, 2024, and to approve the plans, specifications, form of contract and estimated cost of $322,500.00 for the Seippel Road Water Main Lowering Project through the adoption of the attached resolution. RESOLUTION Seippel Road Water Main Lowering Project: preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids SUGGESTED Receive and File; Adopt Resolution(s), Set Public Hearing for June 17, DISPOSITION: 2024Suggested Disposition: /_1AF_[S]:ILT, l=1z1�'3 Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Notice of Hearing Supporting Documentation Documentation Supporting Documentation THE CITY OF Dubuque DUB TEE1. All -America City Masterpiece on the Mississippi � pp zoo�•*o 13 zoi720zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Seippel Road Water Main Lowering Project Initiate Public Bidding Process and Setting Date for Public Hearing Project Code: 4281000059 DATE: May 29, 2024 City Engineer Gus Psihoyos is recommending City Council approval to initiate the public bidding process and set a public hearing on June 17, 2024, and to approve the plans, specifications, form of contract and estimated cost of $322,500.00 for the Seippel Road Water Main Lowering Project through the adoption of the attached resolution. I concur with the recommendation and respectfully request Mayor and City Council approval. v Micliael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Nathan Steffen, Civil Engineer Chris Lester, Water Department Director Jenny Larson, Chief Financial Officer Bob Schiesl, Assistant City Engineer Nate Kieffer, Land Surveyor THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: May 29, 2024 Dubuque All•Merin City 2007-2012.2013 2017*2019 RE: Seippel Road Water Main Lowering Project Initiate Public Bidding Process and Setting Date for Public Hearing Project Code: 4281000059 INTRODUCTION This memorandum requests the City Council authorize initiating the public bidding process and set a public hearing on June 171", 2024 for the Seippel Road Water Main Lowering Project. BACKGROUND By Resolution 411-23 on December 18, 2023, City Council approved an agreement between the City of Dubuque and Kwik Trip, Inc. (KTI) 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 by KTI. A copy of the agreement and Council memos are attached. KTI is planning to develop an 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 which will include both car/truck and semi fueling stations. 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. Based on projected growth and development in the surrounding areas, the traffic study recommended that future capacity improvements may be warranted at the existing intersection of Seippel and Airborne roads, which could include adding traffic signals with geometric modifications (additional thru and turn lanes). As an alternate preferred option, the City is planning for the development of a roundabout intersection at this location, which will meet the same standards of traffic signals. 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. 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 1 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. KTI tentatively plans to begin construction of the proposed public off site and private site improvements in the Fall of 2024 and open for business in 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. DISCUSSION In coordination with the Kwik Trip site construction schedule, the City has agreed to lower the existing water main 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 the future roundabout. KTI has agreed to pay 50% of the actual costs of the project to increase visibility to their site from Seippel Road. When the original Kwik Trip Development Agreement was prepared, it was estimated that 400-feet of water main would need to be lowered, however upon completing the final design it was determined that 500-feet of water main would need to be lowered to match the site grading plans and not create a high spot in the water main alignment. The proposed construction improvements will include the following: • Installation of approximately 500-feet of 12-inch ductile iron water main • The new water main will be installed at a lower depth and the existing water main will be removed and salvaged • Installation of 2 fire hydrants • Installation of a 12-inch water main stub for the extension of 12-inch water main along the Airborne Road frontage by KTI. • Installation of a 6-inch water main stub for the extension of a 6-inch water service line by KTI to service their site. • Lowering of approximately 100 feet of City fiber optic conduit • Excavating and hauling approximately 2,300 cubic yards of soil to an off -site location to complete the associated grading. PROJECT SCHEDULE The schedule for the project is as follows: Initiate Public Bidding Process June 3, 2024 Publish Notice to Bidders, Advertise for Bids June 7, 2024 Publish Public Hearing Notice on Plans & Specs June 7, 2024 Public Hearing on Plans & Specs June 17, 2024 Receipt of Bid Proposals (Bid -Letting) June 20, 2024 Award Construction Contract July 1, 2024 Project Substantial Completion Date August 30, 2024 Project Final Completion Date September 30, 2024 RECOMMENDATION I recommend preliminary approval of the proposed plans, specifications, form of contract and construction estimate for the Seippel Road Water Main Lowering Project. I further recommend establishing the date of the public hearing and authorizing the Engineering Department to advertise for bids for the project. BUDGETIMPACT A Development Agreement has been entered into between the City and Kwik Trip, portions of the Development Agreement that pertain to the watermain lowering project include: 1. "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." 2. "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 Lowing 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." The current estimate of probable cost for Seippel Road Watermain Lowering Project is as follows: Description Cost Estimate Construction Contract $ 258,000.00 Contingency (10%) 25,800.00 Construction Engineering & Inspection (15%) 38,700.00 Total Construction Cost Estimate $ 322,500.00 The project funding is summarized as follows: Project No. Fund Description Fund Amount Seippel Rd. Watermain Lowering $ 161,250.00 4281000059 Kwik Trip Contribution 161,250.00 Total Project Funding $ 322,500.00 3 REQUESTED ACTION I respectfully request the City Council authorize initiating the public bidding process and set a public hearing on June 17, 2024, and to approve the plans, specifications, form of contract and estimated cost for the Seippel Road Water Main Lowering Project through the adoption of the attached resolution. Attach. Prepared by: Nathan Steffen, Civil Engineer cc: Chris Lester, Water Department Director Jenny Larson, Chief Financial Officer Bob Schiesl, Assistant City Engineer Nate Kieffer, Land Surveyor Trent Kastenschmidt, Kwik Trip, Inc. Troy Mleziva, Kwik Trip, Inc. 12 Prepared by Nathan Steffen P.E. City of Dubuque Engineering, 50 W. 13th St. Dubuque, IA 52001 563 589-4270 Return to Adrienne N. Breitfelder City Clerk City of Dubuque, 50 W. 13th St. Dubuque, IA 52001 (563)589-4100 RESOLUTION NO. 167-24 SEIPPEL ROAD WATER MAIN LOWERING PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Seippel Road Water Main Lowering Project in the estimated construction amount of $322,500.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 17th day of June, 2024, at 6:30 p.m. in the Historic Federal Building Council Chambers 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Seippel Road Water Main Lowering Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Engineer is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the Notice to Bidders to be published on the City of Dubuque website and a contractor plan room service with statewide circulation, which notice shall be published not less than thirteen but not more than forty- five days before the date for filing bids before 2:00 p.m. on the 20th day of June 2024. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 1 st day of July 2024, in the Historic Federal Building Council Chambers (and/or by virtual means) 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this the 3rd day of June 2024. Attest: Brad M. Cgvarialgh, Mayor Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE SEIPPEL ROAD WATER MAIN LOWERING PROJECT NOTICE IS HEREBY GIVEN: The City Council of the City of Dubuque, Iowa will hold a public hearing on the proposed plans, specifications, form of contract and estimated cost for the Seippel Road Water Main Lowering Project in accordance with the provisions of Chapter 26, Code of Iowa, at 6:30 p.m., on the 17t" day of June 2024, in the Historic Federal Building Council Chambers (and/or by virtual means), 350 West 6tn Street, Dubuque, Iowa. Said proposed plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk. At said hearing any interested person may appear and file objections thereto. The scope of the Project is as follows: • Installation of approximately 500 feet of 12-inch ductile iron water main • The new water main will be installed at a lower depth and the existing water main will be removed and salvaged • Installation of 2 fire hydrants • Installation of a 12-inch water main stub for the extension of 12-inch water main along the Airborne Road frontage by KTI. • Installation of a 6-inch water main stub for the extension of a 6-inch water service line by KTI to service their site. • Lowering of approximately 100 feet of City fiber optic conduit • Excavating and hauling approximately 2,300 cubic yards of soil to an off -site location to complete the associated grading. Copies of supporting documents for the public hearing are on file in the City Clerk's Office, City Hall, 50 W. 13t" St., Dubuque, Iowa. Documents can be viewed at https://www.citVofdubugue.org/Agendas or by contacting the City Clerk's Office at 563- 589-4100. Written comments regarding the above public hearing should be submitted to the City Clerk's Office, 50 W. 13t" St., Dubuque, IA 52001, ctyclerk(o-)_cityofdubugue.org, on or before said time of public hearing. At said time of public hearing all interested citizens and parties will be given an opportunity to submit online written comments for or against said proposal. Individuals with limited English proficiency, vision, hearing or speech impairments or requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD/TTY (563) 690-6678, ctyclerk cityofdubugue.org as soon as feasible. Deaf or hard - of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Published by order of the City Council given on the 3rd day of June 2024. Adrienne N. Breitfelder, City Clerk City 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 EE All -America Ci[y , `1111. Masterpiece on the Mississippi 2002. 013 2017*2019 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 All -America City �u. LIK II �p. 2007-2012.2013 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 Uity of Dubuque, 50 W. 13th Street Dubuclue, IA 52001 563 589-4270 Return to Adrienne N. Breitfelder, City Cleric, 50 W. 13th St., Dubuque, IA 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 INTER -SECTION 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 181" day of December, 2023. Attest: g, i, , " , , , /� " wf 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: e�Fr Gv ra bt Its: Tr eCt Date: 1 ,1 l q! 2 3 EXHIBIT A PLAT Reserved for Recorder INDEX LEGEND. LO.".ATION: LOT 2.2, A ON1*1014 Cr LOT Or SOUTH FDRK IIDUSTRIAL SUBDIVISION NO. 1. SECTION 31. TON, R2E OF THE 5TH P.M.. IN 1HE CU Y W. UUULUUE. IOWA RCQUCGTOR: CIT" Or CUDuOUC PRIPZIETORI PLASTIC ^.ENTER, INC SURVEYOR RUSEELL N KIEFFER SURVEYOR COAFANY: CIT! Cf DUBUQUE RETURN TO RUSSELLN KEFFER CITY OF OUE000E SO NEST 13'H 'sT. OUGUOUF_ IOWA 52001 1110I11141010111911 Om ID: ulwo,1150004 lype: 3EN Kind: SLRVEY PLAT RDoond— WOS/2022 It 02:i3:22 PH Fee Aent' 222 MI pwn" , n. a Dubume C"nTl Iv a JW"n N.rphr Rsoordc F 2022-00001830 Frepared By: Cl y of Dubuqua AddreS5: 4.0'Nest 13Ih SL, Dubuque, iA 52001 PI1 W PLAT OF SURVEY LOT 1 AND LOT 2 OF AIRBORNE PLACE, IN THE CITY OF DUBUQUE, IOWA COMFR15ED OF: -LOT 2 OF 2, A ENVISION Or LOT 2 OF SOUTH FORK INDUSTRIAL CUDDIVIC40M NO. 1, 6ECTION 31, TOON, RSE OF THE 6TH P.M., N THE CITY OF C'Ul3000E, IOW4" LOT : 1 OF t- FORK EXCEPTING 'LOT A CIFLO1 2 OF LOT 2. APART OF T HE DINISIOH OF LO72 IND. SUB NC, 1. PEi OF SOUTH FORK INDUSTRIAL SLIgCIVISION NO 1. SEC710H 3, TOWNSHRP DOC, a IWE-00 W5 NORTH, RANGE 2 EAST OF THE SRI P.N., CJTY OF DUBUQUE, DUBUQUE COUNTY, STATE Or IOWA-, CONTAINING 2.11 ACRES AND EXCEPTING A PART OF LOT 2 OF 2. A DIVISION OF LOT 2OF SOUTH FORK IIIDUSTRI4L SUBDIVISION NO.1,SECTIOH 31, TROY, R2E OF THE STH P.M_ 11l THE Cl, Y OF DUBUQUE, IOWA DESCRBED AS ACQUISITION PARCEL 154. CONTAINING 2_59 ACRES, PER DOCUMENT NUMBER 20la•IOD44 =pLND 65' iEPAR _.vim � -ir: �° wuuse uo-IavAD OT •. �- S11' M 55E 034' FRGA CORNER \ - w f„r�_ .s-• �fP��1 ROAD. 1100• _ 1''3 7- FOUND 5W REW.. r/bw fn ua eu>5 F` oUN7 YF•Rtlw �91.�' ow uiVAYm1lae'n NM�i,�gY �4a•II•eir �°��'�. �QV 0•l'Y01C J ruutU Nl' 7"'1" _ 'WALL,L CAP 1CMA 00 T' LJT 4CIC SUL I F RST/DD PrR COC a 2011-1337 WaNtmus U 100' 20Q 4001 £C/.LE 1" 20C' FEET note TH9 SL1R'FY 13 I CCA'FD N TiF e.0 b W +w ¢rLTgN }p_ l IpiL.+CiD IORU]Vr TOL11iwI gPTLiF ST} P.4 14 IPp city ORR"A. OLSUOUECUtM IO.VA .o cn LOT 2 6.742 AC. M�i:4:��� c t'1r iFRW �Y• CAPYOWADCT• COFW_R LOT 1 D FDUhD SW FEW Al NE CORNER LOT 2-1 '".0 YF IVANI NNL"_OIr CAP �ID1P _ram.." L y 'iNPfF tl6N'eFORCfIFO ^' iOR NO-FQINC �S LOT 0,010121LOT _ R. F.:O+Tr1+FORK WO .Do. No-,, rToccT PARCEL NO `72.1, PER M1 DOC i 201"17 , 6.301 AC. FOUNDWRELWR wIrcLLRw u.r •ll Ie LOT 2-2 Or D, rORR ND, S11B. NO 1 PER DOC. 0 11057-00 rowan .s, OF 'NMUM CAP 'ICN kaoI' 0� Aa s W 9' 08, M-W NBD' 0B 0m, lq,y'ti< fOWD `JD.• RFBAA FCLJM 48 HEW +YTEL L.nP . 0 xrv4L�M'RA,'•♦p1T ..y leo xleY NrMPiFT !Nr 14R1A9,1DJID UB'IYBAR 11• WALL" CAP 10WA DO T.' N'ALULC CA' WWAD OT' LOT AVIC SOUTH 11ROM wu L Ut v4lf� coc n zou-1597 / �Iu4,I,u de flte"M 1 ALL 'A LIFEMENT9 ATE NFEET AND CECIA010 Tll=REOF —WRICTC .: RAYIIC" �F1n E4 MIL a U0tVEYREVJESTFD BY. Ol' O' D'JBWUE ♦ ARrrt C LOT I • D.YJ I A.Rr3, MEAOF _OT2 -11.2 M ES S IHI5 RAT 15SUILECT T;) ALL EASENENTE OF R:CC'RD AFIDNO- OFREOOND 4 DATE Of SURVEr *17-2D2' F ,JD. ur ocR.P1 WNELOW LEGEND O OCT SJ0• RCDAR WITI I "rIlOW PLASTIC CAP gt&123 • FD, IRON ROF"'E AS SHDWN ® FD_ CUT W P.-OWRIGFT OF WAY {100.I)0') RECORDED DMEN£ION c O-B- POINT OF BEGINNING R-C-C POINT OF COIAWNCEL(rUT RIGFT OF WAY LINE (E)CISTING) ADJACENT PPOPERTY LINE i; LINE BREAK I nalsq rs9T DiI Ihf HnysV..ylrpJmn.nlw ieOWN aM • ,rxy"on xeU �wwrw�eTw n��n,ml ma e Dubuque CITY OF DUBUQUE Fo er ]p dOw.F.. EINEummcC DuPARTAA6Nlr nTV HAIL, 50 WrST,tD, STREET �jLKd '�'1 '� Cd'O3"ZGZ� PLAT OF SLRVEY LOT I AND LOT 2 CFw..r...,e,a ...,:tom r +..+ AIRBORNE PLACE, CITY OF DLIBLOLE. IDYIA r�, u'.. ,.....mr.. 21rd —I, Are �rlT+r GIs r.1.Irre »� 2 EXHIBIT B FUELING STATION AND CONVENIENCE STORE CONCEPT VMd anDnena d N 4 ��r, �eEll _ 3?E' Paz LBid O1S3aN31N3AN00 jig NxWr1O.P �' r+: ¢�� [ NV-1d NOISN31NI4 311S 3_j,I l•l^ t aNil 1 g a fr g ga MPA 11; ffj 8 EXHIBIT Cl SANITARY MAIN IMPROVEMENTS CONCEPT VM01'3f10flBf10� a, -- xe= VOZ�M,01S33MMANO? rc rc IN! -.6 a,Uoa,ad aNv nvs nvs as sNISnm OI a M w J LL C� C) 0Y N a L 0 ca t r o CO p C) a 0 0 ti ao 1` co In v t` r• r` r` ti O O r7 0 0 t N O t r 0 0 + 0 EXHIBIT C2 WATER MAIN IMPROVEMENTS CONCEPT 11 s Ali vmoranumna a kc a F0 1 II � VOU BIAO1S 3ON31NBANOO Y e ig x $ 3'IL-1O Nd ONtl WV-1d NRINR131tlM rc ° [� aaaNaoeaia ci •I I I a- O O O O O O O O 61 OD ti (D LO o vo OD 0 r- 1� ti r r 0 0 0 u1 J U- O 0 c �. + (L Cl) G G ip 9 E gD o W + � (V U_ O 7 a o+ 0 0 Ln u� 0 0 O O t M O O + (V O O 0 CO 8 00 0 0 0 00 OQ '� o m aD ti 0 LO OD of ti ti ti r ti Elevatio n WAIM J4 F 12 EXHIBIT C3 TRAFFIC SAFETY IMPROVEMENTS CONCEPT 13 � r tlmol'anonena � � a i� s EE� g 3 m jf I "Z� 380-LS 33N31N3ANO3 i m��$= � Nbr'Id'JNIdIM15 ONtl 3NIN301M AtlMOtlOa '•�� a Y 6.J 6LL Qtl�2i 3NiHU9Nltl i�. l•• ,.I' I F o A 14 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 Insurance Requirements for General. Artisan or Trade Contractors. Subcontractors or Sub -Subcontractors, Class a Class B: Class C: Page 1 of B INSURANCE SCHEDULE F Asbestos Removal Fiber Oplics Sanitary Sewers Asphalt Paving Fire Protection Sheet Metal Concrete Fireproofing Site utilittes ConstructKxti Managers General Ccolractors Shoring Cranes H :rAC Special construction Culverts Mechanical Steal Decking Paving & Surfacing Storm sewers Demolition Piles & Caissons Structural Steel DeconstructHon 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 Pawling & Vilall Covering Tree Removal Fortflszer Appl,caton Pest Control Tree Trimming Geotech Boring Scaffolding Tuckpointing Insulation Sidewalks 'Naterprooling Finish Carpentry f'taSteru7g Well Drilling Carpet Cfeaning General Cleaning Prnver Washing Carpot & Resilient Grass Cutting Tito & Terrazzo Flooring Flooring Janitorial ViAndow Washing Caulking & Sealants Non Vehicular Snow & Acoust,eal Ceiling hoe Removal Fitter Cleaning Office Furnishings Schedule F. General. Artisan ar or Trade CtramDrs. Subcon:raclors or Sub Subcontrac,ors January 2023 20 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors INSURANCE SCHEDULE F (continued) Contractor shall fummh a signed certdcato of insurance to lire department responsible for the contract for the coverage required In Exhibit I prior to commencang wvk 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 voth 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 descriptlen for which it is, being provided Fig. 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 Iowa and all insurers shall have a rating of A or better in the current A_A4_ Sest's Rahng Guide. 3. Each Certificate required shall be furnished to the Department of the Ctty of Dubuque_ 4. Failure to provide the coverages described rn tfus insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or ma rt4n "required Insurance shall be considered a materlal breach of this oonuract_ 5. Contractor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of vrtxk insurance for the coverages described in this Insurance Schedule and shall ob4am ceTbficates 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 t obtain and maintain such coverage. The City may request a copy of such certificates from the Contractor_ 6. All required endorserrnenis shall be attached to the certiftate. The certificate ts due before the contract/agreament can be approved_ 7. Whenever an ISO form is referenced the current edition must be provided. a. Contractor shall be required to wiry the minimum coverageAimit. of greater if required by la•n, or other regal agreement_ in Exhibit I • Insurance Schedule F. if the contractor's limits of liability a f a higher than the requlred minimum limit, than the contractor's limits stall be this agreement's required omits_ g. Contractor shall be responsible for deductiMes arid, self -insured retention for ,payment of all policy premiums and other cost associated with the insurance policies required below. 10. All ceri ficates of Insurance must Include agents name, phone number, and email address. 11. The City of Dubuque reserves the right to require corMleta, 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 those requirements, includeng 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 Scheduie F. General, artisan or Trade Contractors. Subcontractom or Sub Subcontractors January 2023 21 Page 3 of 6 Clty of Dubuque Insurance Requirements for General. Artisan or Trade Contractors, Subcontractors or Sub Subcontractors INSURANCE SCHEDULE F (continued) EZHIB A) COMMERCIAL GENERAL LIABILITY General Aggregate Ldmlt S2,000.W Products -Completed Operations Aggregate Limit $2,000,000 Personal and Adverlising Injury Limit $1,000.000 Each Occurrence $1,000.000 (Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,&00 1) Coverage shall be written on an occurrence, not claims made. f-Dim. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All devlati m from the standard ISO commerceal general habikly form CG 00 01 or business owners farm BP 00 02 shall be clearly identified. 2) Include ISO endarsenIent form CG 25 04 *Designated Location(s) General Aggregate UmX or CG 25 03'Designated Construction Projects) General Aggregale Lime 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 CrLy of Dubuque, including all its elected and appointed offiWls. all its employees and volunteers. all its boards, comnusstons and,ror authorlties and their board members, employees and volunteers_ Use ISO form CG 20 10 (C]ngoing operations). 6) The additional Insured endorsement shalt include completed operations under ISO form CG 20 37 during the project term and for a period of two years after the compiebon of the project. 7) Policy shall include Waiver of fight to Recover from Others endorsement- 8) Policy shall include cancellation and material change ondomernent providing thirty (30) days advance written notice of cancellabon. non -renewal, reduction. In insurance coverage andfor 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 compty with above liability limits and the addrhortal ensured endorsement must name the City of Dubuque vrith respect to aircraft liability coverage. B) WORKERS' COMPENSATION 6 EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the lob by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident 5100,000 Each Employee -Disease $100.000 Policy L imlt-Disease $500,0W Policy shall include Waiver of Right to Recover from Others endorsement S:i-dule F, General, Artisan or Trade Contractors, Subconmractors or Sub Subcontractors January 2023 22 City of Dubuque Insurance Requirements for General. Artisan or Trade Contractors. Subcontractors or Sub Subcontractors Coverage B limits shall be greater N required by the umbrellafexcess insurer_ 9@ 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' Comp ensatiw or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Cale Secbon 87.22. Completed form must be attached. C) AUTOMOBILE LIABILITY Combined Slagle Limit 51,000,000 Coverage shall include a?l owned. no"wned, and hired valticles. If the Cont1aC10(8 busltess does not own any vehicles, coverage is required on non -owned and hired vehicles. Policy shall rnctude Waiver of Right to Re Cover from Others endorsement. D) UMaRELLAfEXCESS LIABILITY The General Liability, AulornoNle Liability and Workers Compensation Insurance requirements may be satisfied with a combinalaon 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 pnmary policies including but not limited to Waiver of Subrogation and Primary and Non- contributory in favor of the City. All Class A oontractors with contract values in excess of $10.000.000 must have umbrellalexcess llability coverage of $10.000.000. AN Class A and Class B contractors with contract values between $500,000 and $10,000.000 must have umbrellaiexcess habitity coverage of S3.000.000. All Cass A and B contractors ►with contract valves less than 5500.000 must have umbrella<excess liability coverage of $1,0W,000. Ail Class C contractors are not required to have umt�relialexeess liability coverage. All contractors performing earth work must have a minimum of S3,000,000 umtxelta 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 load. asbestos, or PCBs. Pollution product and complete operations coverage shall also be covered_ Page 4 of 6 Sslredule F. General. Artisan or Trade Contractors. Subcontractors or Sub Subcontraclors January 2023 23 City of Dubuque Insurance Requirements for General. Artisan or Trade Contractors. Subcontractors or Sub Subcontractors Fact) Occurrence $2,000.ODD Policy Aggregate S4,400,004 1) Policy to include job site and transportation coverage_ 2) Include additional insured for - The City of Dubuque. including all its elected and appointed offlrrats. all its employees and volunteers, all its boards, commissions and.or authorities and their board members, emptayeas and volunteers. Use ISO form CG 20 10. (Ongoing operations) or its equivatenI and CG 20 37 (completed operations) or its equivalent. 3) Include Preservation of Governmental Immimitles 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 shalt include ISP endorsement CA 9948. 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 vkxk on or within fifty fW (50') (torn the edge of the tracks of a railroad and affecting any railroad brWge, trestle. tracks. roadbads. tunnel. underpass, or crossing, for which an easement. license or indernnrflcailon of the railroad is required, shall require evidence of the fotlovrtng additional coverages. Railroad Protective Liability: $ each occurrence Iper limits required by Railroad) $ policy aggregate (per limits required by Raitroad) OR An endorsement to the Commercial General Uab4 ity policy equal to ISO CG 24 17 (Contractual Liability-Rakroads). A copy of this endorsement shall be attached to the cei,tlllcate of Insurance. Pace 5 of 6 &heduk- F. General. Artisan or Trade Conlraclors, Subconractors or 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 rn the waiver of the City's governmental immunities provided in lmva Cade sec. 670.4. If you mould like to preserve those Immunities. please use taus endorsement or an equtyalent form_ PRESERVATION OF GOVERNMENTAL, IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Imrnunity. Trte u7suror expressly agrees and slates 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. Clalms Coverage, The insurer further agrees that this pollcy of insurance shall cower only those datms tlol subject to ttte defense of governmental smmunity under the Cole of lows Section 670.4 as it now eausts 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 Cly of Dubuque. Iov a shall be responsible for assorting any defense of governmental imrntinrty. and may do so at any time and shall do so upon the tamely Antten request of the insurer_ 4. Nan-DerraI 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 Ctly of Dubuque. Iowa uryJer this policy fcr reasons of governmental immunity unless and until a court of competent jurisdiction has ruled to favor of the defense(s) of govemmental immunty asserted by the City of Dubuque, loves. No Other Cnangle in Poky. 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 6 016 Sct'--dufe F. General, Artisan or Trade Cnrlractors. Subovn-ractors or Sub Subconvaclors January 2023 25