Seippel Road Water Main Lowering Project AwardCity of Dubuque
City Council Meeting
Consent Items # 06.
Copyrighted
July 1, 2024
ITEM TITLE: Seippel Road Water Main Lowering Project Award
SUMMARY: City Manager recommending to award the construction contract for the
Seippel Road Water Main Lowering Project to Top Grade Excavating of
Farley, Iowa in the amount of $186,275.20 which is 27.64% under the
estimate of probable cost, through adoption of the attached resolution.
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
MVM Memo
Staff Memo
Resolution
Agreement
RESOLUTION Awarding Public Improvement Contract for the Seippel
Road Water Main Lowering Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Type
City Manager Memo
Staff Memo
Resolutions
Supporting Documentation
THE CITY
DUOF
B TEE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Seippel Road Water Main Lowering Project Award
Project Code: 4281000059
DATE: June 25, 2024
Dubuque
All -America City
IN
2007.2012.2013
2017*2019
Gus Psihoyos is recommending City Council award the construction contract for the
Seippel Road Water Main Lowering Project to Top Grade Excavating of Farley, Iowa in
the amount of $186,275.20 which is 27.64% under the estimate of probable cost,
through adoption of the attached resolution.
Fifty percent of the costs will be paid by Kwik Trip.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael 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
Charlie Gau, Water Engineering Assistant
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: July 1, 2024
RE: Seippel Road Water Main Lowering Project
Award
Project Code: 4281000059
INTRODUCTION
Dubuque
All•Merin City
2007-2012.2013
2017*2019
The attached resolution authorizes the award of the construction contract 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
northern frontage to increase visibility to their site as part of the City project. KTI would
1
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
Publish Notice to Bidders, Advertise for Bids
Publish Public Hearing Notice on Plans & Specs
Public Hearing on Plans & Specs
Receipt of Bid Proposals (Bid -Letting)
Award Construction Contract
Project Substantial Completion Date
Project Final Completion Date
BID RESULTS
June 3, 2024
June 7, 2024
June 7, 2024
June 17, 2024
June 20, 2024
July 1, 2024
August 30, 2024
September 30, 2024
Sealed bids were received on June 20, 2024 for the Seippel Road Water Main Lowering
Project. Top Grade Excavating of Farley, Iowa submitted the low bid in the amount of
$186,275.20 which is 27.64% under the estimate of probable cost. A summary of the
bid proposals received is as follows:
Contractor Name
Total
Bid Amount
Top Grade Excavating
$186,275.20
Pirc-Tobin Construction, Inc.
$189,765.00
Midwest Concrete, Inc.
$198,271.50
Eastern Iowa Excavating & Concrete, LLC
$219,162.75
McDermott Excavating
$219,816.00
Offset Construction LLC
$229,911.50
Dave Schmitt Construction
$231,505.10
Connolly Construction Inc.
$245,417.50
Tschiggfrie Excavating Co.
$246,866.00
Portzen Construction
$251,033.00
RECOMMENDATION
I recommend awarding the construction contract for the Seippel Road Water Main
Lowering Project to Top Grade Excavating of Farley, Iowa in the amount of
$186,275.20.
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
3
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 estimate of probable cost for Seippel Road Watermain Lowering Project is as
follows:
Description
Estimate
Award
Construction Contract
$ 258,000.00
$186,275.20
Contingency
25,800.00
25,800.00
Construction Engineering & Inspection
38,700.00
38,700.00
Total Construction Cost Estimate
$ 322,500.00
$ 250,775.20
The project funding is summarized as follows:
Project No.
Fund Description
Fund Amount
Seippel Rd. Watermain Lowering
$ 125,387.60
4281000059
Kwik Trip Contribution
125,387.60
Total Project Funding
$ 250,775.20
ACTION TO BE TAKEN
The City Council is requested to award the construction contract for the Seippel Road
Water Main Lowering Project to Top Grade Excavating of Farley, Iowa in the amount of
$186,275.20, through 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
Charlie Gau, Water Engineering Assistant
Trent Kastenschmidt, Kwik Trip, Inc.
Troy Mleziva, Kwik Trip, Inc.
12
Prepared by Robert. Schiesl, City of Dubuque Engineering, 50 W. 13th St. Dubuque, 1A 52001 (5631689-4270
Return to Adrienne N. Breitfelder City Clerk City of Dubuque, 50 W. 13th St. Dubuque, IA 52001 (563)589-4100
RESOLUTION NO. 209-24
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SEIPPEL ROAD WATER
MAIN LOWERING PROJECT
Whereas, sealed proposals have been submitted by contractors for the Seippel
Road Water Main Lowering Project, (the Project) pursuant to Resolution No. 167-24 and
Notice to Bidders published on the City of Dubuque, Iowa website and plan room service
with statewide circulation on the 71h day of June 2024; and
Whereas, said sealed proposals were opened and read on the 20th day of June
2024 and it has been determined that Top Grade Excavating of Farley, Iowa, in the bid
amount of $186,275.20, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Top
Grade Excavating and the City Manager is hereby directed to execute a Public
Improvement Contract on behalf of the City of Dubuque for the Project.
Passed, approved, and adopted this 1 st
Attest:
Adrienne Breitfelder, dMC City Clerk
day of July 2024.
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