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Agreement with Dubuque Housing, LLC — for Public Sanitary Sewer Main Construction Serving Lots 1, 1-2, and 2-2 of Pizza Ranch on Radford Road associated with the EMRI Apartment DevelopmentCity of Dubuque City Council Meeting Consent Items # 010. Copyrighted July 15, 2024 ITEM TITLE: Agreement with Dubuque Housing, LLC —for Public Sanitary Sewer Main Construction Serving Lots 1, 1-2, and 2-2 of Pizza Ranch Place on Radford Road associated with the EMRI Apartment Development SUMMARY: City Manager recommending City Council approval of an Agreement with property owner Dubuque Housing, LLC, for the construction of a new public sanitary sewer main serving three properties along Radford Road in the vicinity of the Pizza Ranch restaurant property at 2020 Radford Road. RESOLUTION Approving an Agreement between the City of Dubuque, Iowa and Dubuque Housing, LLC SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Agreement 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: Agreement with Dubuque Housing, LLC — for Public Sanitary Sewer Main Construction Serving Lots 1, 1-2, and 2-2 of Pizza Ranch Place on Radford Road associated with the EMRI Apartment Development DATE: July 9, 2024 City Engineer Gus Psihoyos is recommending City Council approval of an Agreement with property owner Dubuque Housing, LLC, for the construction of a new public sanitary sewer main serving three properties along Radford Road in the vicinity of the Pizza Ranch restaurant property at 2020 Radford Road. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Nate Kieffer, PE/PLS Maxwell O'Brien, Water Resources Engineer Arielle Swift, Public Works Director Dubuque THE C DUUB-.'*-FE AI•AmeMea City WrA Masterpiece on the Mississippi -2013 20017*2019 p pp zoi�*Z0�9 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Agreement with Dubuque Housing, LLC — for Public Sanitary Sewer Main Construction Serving Lots 1, 1-2, and 2-2 of Pizza Ranch Place on Radford Road associated with the EMRI Apartment Development DATE: July 5, 2024 INTRODUCTION This memo provides information regarding the approval of an Agreement with property owner Dubuque Housing, LLC, for the construction of a new public sanitary sewer main serving three properties along Radford Road in the vicinity of the Pizza Ranch restaurant property at 2020 Radford Road. BACKGROUND Radford Road Real Estate LLC is the current owner of the property south of the existing Pizza Ranch restaurant property at 2020 Radford Road. Recently, Radford Road Real Estate LLC divided the property into two lots for the sale of the easterly lot to Dubuque Housing, LLC. Dubuque Housing, LLC is planning to construct the EMRI Apartment Development on said easterly lot as shown on Exhibit 1 of the attached Sanitary Sewer Construction Agreement document. DISCUSSION In order to make the two new lots south of the Pizza Ranch restaurant property more developable, Dubuque Housing, LLC is proposing to relocate the existing sanitary sewer main to the common lot line between the two lots. The existing sanitary sewer to be relocated is currently privately owned. The developer is proposing to design, to City Standards, and construct a new sanitary sewer on the common lot line as described above. Once the new sewer has been constructed and inspected by City Staff, Dubuque Housing, LLC will dedicate the utility to the City for ownership and maintenance. The City has required that plat of survey creating the two subject lots included a dedication of an appropriate public sanitary sewer easement to accommodate the relocated sewer main and provide rights for the City to own and maintain the utility into the future. Dubuque Housing, LLC has executed the attached agreement. RECOMMENDATION I recommend that the City Council approve the Sanitary Sewer Construction Agreement with Dubuque Housing, LLC for the construction of a new public sanitary sewer main serving three properties along Radford Road in the vicinity of the Pizza Ranch restaurant property at 2020 Radford Road ACTION TO BE TAKEN I respectfully request approval of the Sanitary Sewer Construction Agreement with Dubuque Housing, LLC for the construction of the proposed public sanitary sewer through the adoption of the enclosed resolution. Prepared by: Nate Kieffer, PE/PLS cc: Maxwell O'Brien, Water Resources Engineer Arielle Swift, Public Works Director Prepared W Nate Koffor CW dDubuque Enghnoorna 50 W W St 0 ReWm to M ienne N. BreiOelder OW of Dubuque OW Cie* 50 W Ir St Dubuque. Ion 52001 (563MB-41 00 RESOLUTION NO. 226.24 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE HOUSING, LLC WHEREAS, Dubuque Housing, LLC (DHLLC) is the owner of the property legally described as Lot 2-2 of Pizza Ranch Place in the City of Dubuque, Iowa, according to the recorded plat thereof; and WHEREAS, there is currently a private sanitary sewer main located within Lot 1-2 of Pizza Ranch Place in the City of Dubuque, Iowa (the Private Sewer); and WHEREAS, to make Lots 1-2 and 2-2 of Pizza Ranch Place more developable, DHLLC is planning to, at its sole cost, disconnect and cap at each end the Private Sewer and construct a new public sanitary sewer main on the common lot line of Lot 1-2 and 2-2 of Pizza Ranch Place in the City of Dubuque, Iowa (the Project); and WHEREAS, DHLLC plans to Connect to the Pizza Ranch restaurant located on Lot 1 of Pizza Ranch Place, common address of 2020 Radford Road, Dubuque, Iowa, to the Project; and WHEREAS, DHLLC desires to construct the Project and will need to Construct and carry out any other activities associated with the Project in accordance with City plans and specifications; and WHEREAS, upon Completion of the project, DHLLC wishes to dedicate the sanitary sewer utility and any associated easements, as required by the City, to the City; and WHEREAS, via the attached agreement, the parties have come to terms as set forth herein for how to best effectuate the Components of the Project to maximize the benefits to each party and the residents and visitors to Dubuque; and WHEREAS, DHLLC has executed the Agreement. 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. Passed, approved, and adopted this 150 day of July 2024. ATTEST: Trish L. Gleason, Assistant City Clerk SANITARY SEWER CONSTRUCTION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE HOUSING, LLC This Sanitary Sewer Construction Agreement (Agreement) is made and entered into this 1-5 day of July, 2024, by and between the City of Dubuque, Iowa, an Iowa municipal corporation (City), and Dubuque Housing, LLC (Developer). WHEREAS, Developer is the owner of the real estate legally described as Lot 2-2 of Pizza Ranch Place in the City of Dubuque, Iowa, (Site); and WHEREAS, there is currently a private sanitary sewer main located within Lot 1-2 of Pizza Ranch Place in the City of Dubuque, Iowa (the Private Sewer); and WHEREAS, to make Lots 1-2 and 2-2 of Pizza Ranch Place more developable, Developer is planning to, at its sole cost, disconnect and cap at each end the Private Sewer and construct a new public sanitary sewer main on the common lot line of Lot 1-2 and 2-2 of Pizza Ranch Place in the City of Dubuque, Iowa (the Project); and WHEREAS, Developer plans to connect to the Pizza Ranch restaurant located on Lot 1 of Pizza Ranch Place, common address of 2020 Radford Road, Dubuque, Iowa, to the Project; ; and WHEREAS, Developer desires to construct the Project and will need to construct and carry out any other activities associated with the Project in accordance with City plans and specifications; and WHEREAS, upon completion of the project, Developer wishes to dedicate the sanitary sewer utility and any associated easements, as required by the City, to the City. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. GENERAL CONDITIONS. 1.1 Developer plans to begin work on the will be substantially completed by October attached as Exhibit 1. Project in September of 2024. The Project 1, 2025. An initial plan for the Project is 1.2 Work on the Project may not commence until this Agreement is executed by Developer and City, Developer has obtained and submitted copies to City of all applicable licenses and permits, Developer has obtained all required bonds or other acceptable form of security, and Developer had paid all applicable inspection fees. 06182024rnk 1.3 Developer is responsible and will pay for all costs related to the Project, including but not limited to, construction costs, connection fees and inspection fees. 1.4 Developer is responsible and will pay for all costs to abandon the Private Sewer in accordance with current City standards. SECTION 2. PLANS AND PERMITS. 2.1 Developer must obtain and submit to the City copies of all applicable permits necessary for the Project prior to commencing work. 2.2 Developer must obtain all applicable permits and licenses required for working in the City right-of-way, if applicable. 2.3 Developer must submit to the City final design plans, that meet current City standards, for the Project prior to commencing work. The City will review and approve such plans before work on the Project commences. If such plans are not approved, City will provide feedback regarding the modifications necessary for approval. SECTION 3. BONDS. 3.1 Developer must obtain a construction bond or other suitable security for one hundred ten percent (110%) of the estimated total construction cost of the Project. 3.2 Developer must obtain a maintenance bond or other acceptable security for twenty-five percent (25%) of the estimated total construction cost of the Project. Developer must maintain this maintenance bond for two (2) years after date that the City Council accepts the completed Project. SECTION 4. INSPECTIONS AND ACCEPTANCE. 4.1 The City will inspect the Project throughout its implementation and at its completion to ensure compliance with the approved plans and specifications. Developer must pay to the City an inspection fee in the amount of three percent (3%) of the estimated total construction cost for the Project, which will be $1,827.15. 4.2 The City will conduct a final inspection upon the completion of the Project. If the inspection establishes that the Project has been completed in accordance with the approved plans and City requirements and specifications, the Project will be accepted by City Council starting the two (2) year warranty period. SECTION 5. EASEMENT AND MAINTENANCE. 5.1 After City has accepted by resolution the dedication of the public sanitary sewer easement as included in the Plat of Survey of Lots 1-2 and 2-2 of Pizza Ranch Place, in the City of Dubuque, Iowa, recorded as Instrument Number 2024-4704 in the Dubuque 2 County Recorder's Office, and the Project has been completed, inspected and accepted by the City Council, City will be responsible for the maintenance and repair of the sanitary sewer from the date of City Council acceptance and onward in accordance with the Grant of Easement language. The City shall be responsible for limited site restoration following any future sanitary sewer work (future repairs, inspections, replacement). Restoration by the City shall only include disturbed turf areas. Restoration of all other landscaping, paving and other improvements shall be the responsibility of the property owner or other. SECTION 6. INSURANCE AND INDEMNIFICATION. 6.1 Developer agrees to hold harmless and indemnify City, and its officers, agents and employees, against any and all claims, actions, demands, losses, liabilities or legal expenses that may arise on account of injury to any person or damage to any property occurring in connection with the Project. This indemnification includes, but is not limited to, any liability or obligation of the City arising from any claim by Developer or any person, firm, or corporation providing services for Developer in connection with the Project. 6.2 At all times during the Project, from commencement of work to acceptance by the City of the Project, any contractors or subcontractors hired by Developer to perform work on the Project must comply with the insurance requirements set forth in the Insurance Schedule F, attached as Exhibit 2. SECTION 7. MISCELLANEOUS. 7.1 This Agreement may not be assigned without the prior written permission of the City. Such written approval will not be unreasonably withheld. 7.2 This Agreement represents the entire Agreement between the parties. There are no verbal additions to this Agreement, and all amendments, additions or changes to this Agreement must be in writing and agreed to by both parties. 7.3 All covenants, conditions, and provisions of this Agreement will inure to the benefit of and be binding upon the parties hereto and their respective successors, heirs and assigns. 7.4 This Agreement is governed by the laws of the state of Iowa and venue for any action arising from or related to this Agreement will be in the District Court of Iowa, Dubuque County, Iowa. 7.5 If any term of this Agreement is found to be void or invalid, such invalidity will not affect the remaining terms of this Agreement, which will continue in full force and effect. 7.6 All Riders and Exhibits attached hereto form material parts of this Agreement. 7.7 All notices and correspondence related to this Agreement must be sent to the following: If to Developer: Nicole Sand Dubuque Housing, LLC 366 10th Ave. S. Waite Park, MN 56387 If to City: City of Dubuque, Iowa Attention: Gus Psihoyos, City Engineer 50 West 13th Street Dubuque, Iowa 52001 7.8 This agreement is contingent upon approval of the City Council of the City of Dubuque. CITY OF DUBUQUE, IOWA By: 4k�k Micha C. Van Milligen City Manager DUBUQUE HOUSING, LLC By: Dubuque Housing Group, LLC Its: Manager By: Ar?3�,!r�YllL Nicole Sand Vice President 4 EXHIBIT 1 INITIAL SANITARY SEWER CONSTRUCTION PLAN \ \\8 RI 882..10 INTAKE 21001 6' CPE SW, FL 878.40 \ \ \ \ \ PE E, L 877,80 J _ \ CEX .D C877Q9 INTAKE 3X43�21000 RIM 2" CPE $ W. FL 7� 2 Zdf49-- / \�89S \\\\\� \\\� �\ 880-- EX CL CIRC INTAKE 43408 \ RIM 901.24 \\�- \ 6" CPE NE, FL 896.04 S �\ -PROPOSED STORM WATERyE \\\� \ RI SAN MH 43403 RIM 96.07 �\ 1" \ DETENTION EASEMENT 4 NW, DIP FL 03 \\ \\9 \ 8" PVC S. FL 897.62 0 \ \ \ \ \�\\ \ VAw, \ \ X\ \ \ \ 1 A � eIMJ9ia.a7�1)N3\2\\\\\�� \ � �� - �� �� \ 1PLAYGROUND AREAVA I PTO BE DESIGNED CP / _>. - BY OTHERS 10 4 \ \ 2A -0 III 3 3 A l l *3" - - .303 3 O O 3 VA I 3 b 03 o/.. �' - 26 13 2c VRVA \ VA VA. EX SAN MIN 43237 / III I ' I 20' PROPOSED PUBLIC / 1 _ a ,gyp S R\ 38; I RIM 9V I I I I I I I UTILITY EASEMENT FL 8" UNKOWN N, 90312 03.67 I / 8" UNKOWN S, FL 903.67 I I I \ I '{/ � 1. I I III I I / I. � 11• I - i� -_ 1 / Il III J 0' PROPOSED SANITARY AND 1 / STORM WATER DRAINAGE EASEMENT �• __ PROPOSED PROPERTY LINE - 0III l I I NI �� IEXSITING EASEMENT VA ATEJ CONTACT BLACK HILLS 0* ENERGY TO HAVE REPRESENTATIVE ON STANDBY WHEN WORKING 3 NEAR 8" GAS LINE 5 1 PROPOSED PUBLIC SEWER II LANE CLOSURE PER i I IOWA DOT TC 228 ATN563 T845STI81103HULL ONE WEEK PRIOR TO LANE / 10' PROPOSED II CLOSURES / / I PUBLIC UTILITY EASEMENT I EX SAN MH 43186 / I/ SHARED 1 I I RIM 909.45 / 7--h-/ FIRE LANE y / ACCESS- 3 6' UNKOWN N, FL 898,75 I I NO -PARKING ROAD 8" UNKOWN S, FL 898.70 14 SIGN - . -/ . 3� +yj -- - M -- --- / -13 I / L l' 3 c _C22AA � 18 1e 13 a -- - -- 62.75' - PARKING SUMMARY REMOVE & REPLACE \ o- 1.5 PER UNIT REQUIRED PAVEMENT AT JOINTS 7 48 UNITS = 72 SPACES I 18 13 FIRE LANE 25% REDUCTION FOR OC ZONING 3 4 26 NO -PARKING 54 SPACES REQUIRED SIGN N `. 69 PROVIDED PLUS 3 ADA I ''' '• • • ' ' '' ' BIKE PARKING - 5 SPACES REQUIRED I \ 7 / TYPE A DRIVEWAY-. / PROPOSED ACCESS BMP'S WITH FLARES* / / 25' PROPOSED -NATIVE PLANTING 1 _EASEMENT _ STORM SEWER -DRIVE SLOPED TOWARD OPEN SPACE II I\ \ 05 I I / # _ _ _ _ EASEMENT - I I n W) T "NO PARKING - I FIRING LANE ¢ / �65.08' Irk II \/ III\lll\i \ 11910� \ \N 0 I /i J ' \90 S� c HORIZONTAL SCALE IN FEET 0 30 60 DRAWING MAY HAVE BEEN REDUCED 1. 3 STORY APARTMENT BUILDING 2A. PCC PAVEMENT - LIGHT DUTY 2B.PCC PAVEMENT - HEAVY DUTY 2C.PCC PAVEMENT - TRASH AREA 3. PCC CURB 4. PCC WALK 5. SANITARY SEWER 6. STORM SEWER 7. WATER SERVICE 8. ELECTRIC SERVICE 9. POURED CONCRETE RETAINING WALL - SEE STRUCTURAL DRAWINGS 10. EROSION STONE 11. TRASH ENCLOSURE 12. HEATED PCC SLAB 13. LIGHT POLE 14. MONUMENT SIGN - SEE ARCHITECTURAL DETAIL 05/A-1.3 15. BOLLARD 16. BIKE RACK, 5 SPACES MIN. SEE ARCH PLANS 17. WHEEL STOP 18. THICKENED EDGE SIDEWALK 19. ROCK MULCH ♦*♦Swd Architects, Lw 366 South Tenth Avenue PO Box 727 Waite Park, MN S6387-0727 Off-: (320) 202-3100 Fa (320) 202-3139 Website: w :Sa dCompanies.com E-Mai[: Archhects@BandCompanies.cam THESE DNA— AND SPECIEICARONS ARE ME SORE PROPERTY OF SAND ARCHITECT; LLC ANY REPRODUCTION OR REUSE OF THESE DOCUMENTS IS FORBIDDEN MENEM WITTEN PERMISSON FROM SAND ARCHITECT$ LEE. PRINT LOG REVISiON/DATE/COMMENTS 02-28-24 PERMIT SET origienN. WORKING ON TOMORROW. 800 556-4491 origindesI EMRI APARTMENTS XXXX RADFORD RD DUBUQUE, IOWA PROPOSED CONDITIONS C1.20 PRD,ECT xD.� 3112-1 -23 ORANN BY: op/ZLO/>AIW/SMS CHECKED BY: PI DALE 159JED FOR caxsmucnoN: zz-xx-zz EXHIBIT 2 INSURANCE SCHEDULE F City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub -Subcontractors Class A: Class B: Class C: INSURANCE SCHEDULE F Asbestos Removal Fiber Optics Sanitary Sewers Asphalt Paving Fire Protection Sheet Metal Concrete Fireproofing Site Utilities Construction Managers General Contractors Shoring Cranes HVAC Special construction Culverts Mechanical Steel Decking Paving & Surfacing Storm sewers Demolition Piles & Caissons Structural Steel Deconstruction Plumbing Trails Earthwork Retaining Walls Tunneling Electrical Reinforcement Water main Elevators Roofing Chemical Spraying Landscaping Rough Carpentry Doors, Window & Masonry Stump Grinding Glazing Vehicular Snow Removal Tank Coating Drywall Systems Painting & Wall Covering Tree Removal Fertilizer Application Pest Control Tree Trimming Geotech Boring Scaffolding Tuckpointing Insulation Sidewalks Waterproofing Finish Carpentry Plastering Well Drilling Carpet Cleaning General Cleaning Power Washing Carpet & Resilient Grass Cutting Tile & Terrazzo Flooring Flooring Janitorial Window Washing Caulking & Sealants Non Vehicular Snow & Acoustical Ceiling Ice Removal Filter Cleaning Office Furnishings Page 1 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors INSURANCE SCHEDULE F (continued) Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee. The certificate must clearly indicate the project number, project name, or project description for which it is being provided Eg: Project # Project name: or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate required shall be furnished to the Department of the City of Dubuque. 4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this contract. 5. Contractor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Contractor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever an ISO form is referenced the current edition must be provided. 8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or other legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are higher than the required minimum limit, then the contractor's limits shall be this agreement's required limits. 9. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of insurance must include agents name, phone number, and email address. 11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the contract, subject to mutual agreement of the parties. Page 2 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors INSURANCE SCHEDULE F (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01 or business owners form BP 00 02 shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project(s) General Aggregate Limit" as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations). 6) The additional insured endorsement shall include completed operations under ISO form CG 20 37 during the project term and for a period of two years after the completion of the project. 7) Policy shall include Waiver of Right to Recover from Others endorsement. 8) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 520019) Contractor and subcontractor shall not use any drone without the prior written approval of the city of Dubuque. Any drone usage must comply with above liability limits and the additional insured endorsement must name the City of Dubuque with respect to aircraft liability coverage. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Page 3 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. C) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. D) UMBRELLA/EXCESS LIABILITY The General Liability, Automobile Liability and Workers Compensation Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non- contributory in favor of the City. All Class A contractors with contract values in excess of $10,000,000 must have umbrella/excess liability coverage of $10,000,000. All Class A and Class B contractors with contract values between $500,000 and $10,000,000 must have umbrella/excess liability coverage of $3,000,000. All Class A and B contractors with contract values less than $500,000 must have umbrella/excess liability coverage of $1,000,000. All Class C contractors are not required to have umbrella/excess liability coverage. All contractors performing earth work must have a minimum of $3,000,000 umbrella regardless of the contract value. E) POLLUTION LIABILITY Coverage required: Yes No Pollution liability coverage shall be required if project involves any pollution exposure for hazardous or contaminated materials including, but not limited to, the removal of lead, asbestos, or PCB's. Pollution product and complete operations coverage shall also be covered. Page 4 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations) or its equivalent and CG 20 37 (completed operations) or its equivalent. 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. 5) Include endorsement indicating that coverage is primary and non- contributory. 6) Policy shall include waiver of right to recovery from others endorsement. 7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability -Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto the Owner's property. F) RAILROAD PROTECTIVE LIABILITY Coverage required: _ Yes _ No Any contract for construction or demolition work on or within fifty feet (50') from the edge of the tracks of a railroad and affecting any railroad bridge, trestle, tracks, roadbeds, tunnel, underpass, or crossing, for which an easement, license or indemnification of the railroad is required, shall require evidence of the following additional coverages. Railroad Protective Liability: $ each occurrence (per limits required by Railroad) $ policy aggregate (per limits required by Railroad) OR An endorsement to the Commercial General Liability policy equal to ISO CG 24 17 (Contractual Liability -Railroads). A copy of this endorsement shall be attached to the certificate of insurance. Page 5 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 6 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023