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Setting a Public Hearing for the Granting of a Storm Sewer Utility Easement to Switch Development at JFK, LLC Copyrighted June 2, 2025 City of Dubuque ITEMS SET FOR PUBLIC HEARING # 1. City Council ITEM TITLE: Setting a Public Hearing for the Granting of a Storm Sewer Utility Easement to Switch Development at JFK, LLC SUMMARY: City Manager recommending City Council set a public hearing on June 16, 2025, for the granting of an embankment easement to Switch Development at JFK, LLC for private storm sewer and rip rap over City owned Northwest Arterial Right of Way. RESOLUTION Intent To Dispose Of City Interest By Grant Of Storm Sewer Utility Easement To Switch Development At JFK, LLC Across Part Of The Northwest Arterial Right Of Way Adjacent To Lot 1 Of Switch Development @ JFK No. 4, In The City Of Dubuque, lowa SUGGUESTED Receive and File; Adopt Resolution(s), Set Public Hearing for DISPOSITION: June 16, 2025 ATTAC H M ENTS: 1. MVM Memo 2. 1 Staff Memo resolution switch jfk grant storm ease 3. 2 switch jfk grant storm ease res 05142025 4. 3 switch jfk grant of storm sewer util ease signed by dev 5. 4 switch jfk grant storm sewer ease cc area map 6. 5 Notice_of Public_Hearing_switch jfk grant storm ease Page 572 of 2490 Dubuque THE CITY QF � All•li�eriea Ciry DLT B E ��, . � �� MaSt� Z�C� alZ t�Q Mt55ZSSZ Z zoa�•zoiz•zai3 �' pp zai�*zaig TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Setting a Public Hearing for the Granting of a Storm Sewer Utility Easement to Switch Development at JFK, LLC across a Part of the Northwest Arterial Right of Way adjacent to Lot 1 of Switch Development @ JFK No. 4, in the City of Dubuque, lowa DATE: May 28, 2025 City Engineer Gus Psihoyos is recommending City Council set a public hearing on June 16, 2025, for the granting of an embankment easement to Switch Development at JFK, LLC for private storm sewer and rip rap over City owned Northwest Arterial Right of Way. 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 Nate Kieffer, PE/PLS Page 573 of 2490 Dubuque THE CITY OF � All•pneriea Ci$ Du B E �,��a��, 1IIII°r Maste 12CE 011 t�1e M1SB1SS1 1 zoo��zoiz*zois �P pp zoi�*zoig TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: May 14, 2025 SUBJECT: Setting a Public Hearing for the Granting of a Storm Sewer Utility Easement to Switch Development at JFK, LLC across a Part of the Northwest Arterial Right of Way adjacent to Lot 1 of Switch Development @ JFK No. 4, in the City of Dubuque, lowa INTRODUCTION This is in response to a request from Switch Development at JFK, LLC for the granting of private storm sewer utility easement across city owned Northwest Arterial Right of Way as part of a recent shopping mall site development project on at the intersection of JFK Road and the Northwest Arterial for a storm water detention basin outfall pipe and rip rap. BACKGROUND Per the Development Agreement between the City of Dubuque and Switch Development, LLC, approved by the City Council via Resolution 36-23, the developer was to construct a private storm sewer outfall pipe across a portion of the Northwest Arterial Right of Way that serves a shopping mall development at the intersection of the Northwest Arterial and JFK Road in Dubuque. Per the agreement, the City was to grant a private storm sewer utility easement to the developer for the construction and maintenance of the private utility in the City owned right of way. DISCUSSION The attached exhibit shows the City owned right of way and the proposed private utility improvements and easement. The developer submitted construction plans for the improvements and associated work on the City owned property. City Engineering has reviewed and approved the drawings and the improvements were recently constructed by the developer. City Engineering has determined that the proposed storm sewer easement area is not needed for any current or future plans for the Northwest Arterial and is recommending approval of the easement request. BUDGET IMPACTS This request includes no budget impacts. Page 574 of 2490 RECOMMENDATION I would recommend that the "Grant of Storm Sewer Utility Easement" for the private storm sewer and rip rap improvements on the Northwest Arterial Right of Way be forwarded to City Council to be set for public hearing. ACTION TO BE TAKEN The attached resolution should be submitted to the City Council for consideration and to set a public hearing on June 16, 2025 for the granting of an embankment easement to Switch Development at JFK, LLC for private storm sewer and rip rap over City owned Northwest Arterial Right of Way. Prepared by Nate Kieffer, PE/PLS 2 Page 575 of 2490 Prepared by Nate Kieffer City of Dubuque Engineering 50 W. 1311 Street, Dubuque IA 52001 (563) 589-4270 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13'h Street, Dubuque, IA 52001 (563) 589-4100 RESOLUTION NO. 187-25 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF STORM SEWER UTILITY EASEMENT TO SWITCH DEVELOPMENT AT JFK, LLC ACROSS PART OF THE NORTHWEST ARTERIAL RIGHT OF WAY ADJACENT TO LOT 1 OF SWITCH DEVELOPMENT @ JFK NO. 4, IN THE CITY OF DUBUQUE, IOWA Whereas, Switch Development at JFK, LLC has requested a "Grant of Storm Sewer Utility Easement" across Part of the Northwest Arterial Right of Way adjacent to Lot 1 of Switch Development @ JFK No. 4, in the City of Dubuque, Iowa, for a private storm sewer utility and rip rap; and Whereas, the City of Dubuque Engineering Department has prepared and submitted to the City Council an exhibit showing the easement area for the proposed Grant of Storm Sewer Utility Easement across Part of the Northwest Arterial Right of Way adjacent to Lot 1 of Switch Development @ JFK No. 4, in the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to grant a Storm Sewer Utility Easement across Part of the Northwest Arterial Right of Way adjacent to Lot 1 of Switch Development @ JFK No. 4, in the City of Dubuque, Iowa, as shown on the attached Exhibit A. Section 2. That a public hearing on the intent to dispose of City interest by Grant of Storm Sewer Utility Easement to Switch Development at JFK, LLC across Part of the Northwest Arterial Right of Way adjacent to Lot 1 of Switch Development @ JFK No. 4, in the City of Dubuque, Iowa, is hereby set for the 16th day of June 2025, at the Historic Federal Building, 350 W. 6` Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby authorized and directed to cause a notice of public hearing on the intent to dispose of said interest to be published in the manner as prescribed by law. Passed, approved and adopted this 2nd day of June 2025. - MA�A :�i ` �iMayor Attest: Adrienne N. Breitfelder,`City Clerk i i � � i i i � i 1 Prepared by: Nate Kief�er 50 W. 'i 3th Street Dubuque Iowa 520a1 (563-�89-427a) � Return to: Nate Kieffer 50 W. 13t�Sfreet Dubuque {owa 52001 {563�589�4270} ` � GRANT OF STORM SEWER UTILITY EASEMENT ; I E �or and in considerafiion of fihe sum of One Dollar ($1.00) and other good and � �aluable cons9deration, the recei�t wher�of is hereby acknowledg�d, the City of � Dubuque {"Grantar"), of Dubuque County, State of lowa, does hereby grant, sell and convey to Switch Development at JF'K, LLC ("Granfiee"), its lessees, licensees, � successors and assigns, from fihe date hereof, an easemen� through, under and ' across the following described real astate situa�ed ir� Du�uque, lowa, to wjt: PART OF' THE NORTHWEST ARTERIAL RIGHT OF WAY ADJACENT � TO LOT 1 OF SWITCH DEVELOPMENT @ JFK NO. 4, IN THE CITY OF DUBUQUE, IOWA, AS SHOWN �N THE ATTACHED EASEMENT � EXHIBIT A. '� Said--easement--shall--be--as--sl�own--on--the--a�tac-hed-�asement-�xhibit--A;-for--the _ � purpose of constructit�g and maintaining a "storm sewer utility and rip rap as s�own � in the approved Site Plan on file with the Cifiy Engineer (t�e Impro�ements}, along � w�th the right, privilege and authority to survey, Enspect, construct, reconstruct, alter, i maintain, r�pair, replace, patral and remove said 4mprovements. Said easement shali i also include the right to cut, trim or remove trees, bushes and roofis as may be i required inadent to rights given here�n. ; � Grantee is solely responsible for the maintenance of the Improvements ir� the easemen� area and s�ali keep the area in an arderfy fashion, including turF maintenance and mowing: Grantee, its successors and assigns, agrees to pay fo� � any damage caused to �he land, #ences, or other personal propErty of Grantar from � the construcfiion or maintenance af said Improvements. � Tl�e C�ty reserves un�o itself t�e perpetua! right for the purpose of erecfiing, installing, � 05132025rnk Page 578 of 2490 � i j constructing, reconsfiructing, maintaining, owning, operating and repair of storm and ; sanitary sewers, wafermain, gas, telephone, tele�ision, fiber optics cable, and � electric�l lines above or below said private Improvements as such u�iliti�s would not , in�erfere with fhe existence and maintenance of the private Improvements. ' Indemnification. Grantee shaH defend, indemnify and hold harmless Grantor, its officers, agents and employees from and against any claim and cost of any kind, � including without limitation, attorneys' fees and consu[ting fees, arising ou� any � surveying, inspection, cor�struc#ion, reconstruction, alteration, replacement, j maintenance, repair, patrol or removal of said lmprovements, This obligation st�all ; survive tl�e termination of this Grant of Storm Sewe� U�ility Easement. � � � Insurance. Grantee shaH provide insurance as set forkh in the attached Insurance Schedule during surveying, inspectior�, constr�ction, recanstruction, alteration replacement, maEnfenance, re�air, patrol or removal of said Impro�ements. ; To ha�e and to hold unto the sa�d Grantee forever, and the undersigne� does hereby �I� expressly covenant that Grantor is the owner in fee of said real estate and has good right to execute thi.s Grant of Storm Sewer Utility Easement. 'i Dated at Dubuque, fowa this day of , 2025. � � [S[GNATURE PAGES TO FOLLOW� � � i 3 . f � II{ _.._ ....- -- ... ... _..._. _.. .. ....___ _...... _... _.. ...... ...... .... .. _ _..... . _... _..__ _...... .----- I I I i i � I i I � } � 2 Page 579 of 2490 � 3 {' CITY OF DUBUQUE II sy: ; Brad M. Cavanagh, Mayor � � NOTARY PUBLIC ; I STATE OF IOWA, � 1 COUNTY O�' DUBUQUE, SS: � � Or� this day of , 202� before me, the undersigned, a Notary ' Publ�c in and for said County, in said State, personally appeared Brad M. Cavanagh, ; Mayor af the City of Dubuque, w�o executed the within and foregoing instrument and ; acknowfedged tha# he executed the same as his �oluntary ac� and deed on behalf of ; the Gran�or. � , 3 1f 1 Notary Public In and For Said State j E � � � i i � I � i i i _.. . ------ -. __. __ _______ ____--- -----. ------ -----.- - .---- __. ----- ----- -....._.. -- ---. ...-- -----_._.. . . 3 Page 580 of 2490 i i ACCEPTANCE �F EASEMENT ; � Switch Development at JFK, L.LC accepts the terms and conditions of the Grant o�F �asement. SWITCH DEVELOPM�NT AT JFK, LLC ; B 1�� ""w ; Y� � �1� _ +4*E`A G�f�- Name Posifiion � NOTARY PUBLIC I STATE OF IOWA ) � � ) S5. � COUNTY OF DUBUQUE ) ! � �n this � day of C�.� , 2p25, before me, the undersigned, a Notary i Public in and far said County, in said State, personally appeared i �� 1.�� ca r� ,, who executed the within and foregoing I insfrument and ackno� dged that helshe exec�ted the same as hislher voluntary ; act and deed on behalf of Switch De�elopment at JFK, L.I.C. ' ��1� � ota �lic In and For Said State �..........�.�M p'��RI `8 ��lEHRY L.SCHF�bEI]E�I �. : ' �ar�miss#on Number 7x6549 ��r �fy Cnmm.�xp.NOV.17,�p27 � 4 Page 581 of 2490 EXHIBIT A i � i ; 5 Page 582 of 2490 Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270 CITY OF DUBUQUE EXHIBIT A - PERMANENT STORM SEWER UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. N/A JOB NO. PROJECT SECTION 16 TWP 89N RANGE 2E ROW-FEE N�A EXIST. ROAD N�A PERM. EASEM'T SEE BELOW LEGAL DESCRIPTION HIGHWAY R.O.W.ADJACENT TO LOT 1 OF SWITCH DEVELOPMENT @ JFK NO.4 OWNER CITY OF DUBUQUE � � ��p�,C�'� � �� SOUTHERLY� yL O R.O.W.LINE OF \ �iQ p R JFK ROAD ��` �F S`N��@�F Zc,.A'126 \ SJ �,��1�,oeM�EN��2� \ o��Eoo��M Q�F� � ' �9 c,1 i i i EASTERNMOST 20 CORNER OF LOT 1 SWITCH o$ 1,�g3921 / DEVELOPMK NO.4 A FND.5/8"REBAR ��E19 WITH ALUM. IDOT NORTHERLY N6�3�3 / / N29°49'13"W CAP R.O.W. LINE OF 1 �51 NW ARTERIAL/ � 42.36' ,�p HWY#32 .�0 i / � � PERMANENT STORM CENTERLINE PROPOSED , 20'WIDE � SEWER UTILITY EASEMENT EASEMENT 1,267 SQ. FT., 0.029 AC `' 1�`�j` N60°10'47"E `nt'l 21.01' �.�- OF LOT 1 SWI�TCHCORNER `P�I�PP��SI F�NDE5/8PREBART/VITH NO.4 A��1�-n1�O�C � YELLOW 4016 CAP -n� �-� O V`� Nv" l�� LEGEN D � PROPOSED PERMANENT STORM SEWER UTILITY EASEMENT AREA • FOUND MONUMENT AS NOTED R.O.W. RIGHT OF WAY (100.00�� RECORD DIMENSION — — PROPERTY NORmH LINE/R.O.W. LINE CENTERLINE PROPOSED EASEMENT LINE 0� 15� 30� 60� SCALE 1" = 30' FEET CITY OF DUBUQUE ENGINEERING DEPARTMENT NOTES: CITY HALL, 50 WEST'13th STREET DUBUQUE,IA 5200'I-4864 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF 2. PROPRIETOR OF ABOVE DESCRIBED RIGHT OF WAY:CITY OF DUBUQUE PHONE (563)589-4270 Ft�x (563)589-4205 3. SURVEY REQUESTED BY:CITY OF DUBUQUE Drawn By: JJB Approved By: RNK Date: 5-14-25 4. TOTAL AREA OF PERIMETER SURVEYED IS 1,267 SQUARE FEET(0.029 ACRES) 5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD NW ARTERIAL/HIGHWAY#32 RIGHT OF WAY 6. DATE OF SURVEY:10-4-2024 ADJACENT TO LOT 1 OF SWITCH DEVELOPMENT @ JFK NO.4, IN THE CITY OF DUBUQUE,IOWA F:\PROJECTSVFK and 32nd Street Intersection Signalization\Traffic Signal Improvements\SAN AND STORM EASEMENTS\Drawings\Switch Dev storm and san esmts.dwg Page 583 of 2490 ! f INSURANCE SCHEDULE ` i � I j ! ; ' i � 6 Page 584 of 2490 i City of Dubuque Insurance RequiremenEs#or General,Artisan ar Twade Cantractors, � SubcontracFors or 5ub-�Subcontractors 1NSURANCE SCHEDULE F � Cfass A: � Asbestos Remaval Fiber Optics Sanitary Sewers ' Asphalt Paving Fire Protection Sheet Metal Cancrete Fireproofing S9te lltilities Construckion Managers General Contractors Sharing Cranes HVAC Special constructian Culverts Mechanical Steel DecEcing Paving &SurFac�ng Storm sewers � Demalition Piles &Caissons Structura�Steel � Deconskruction Plum�ing Trails Earthwork Retaining Walls 7unneling Electrical Reinforcement Wafer main Elevators Roofing Class 6: Chemical Spraying Landscaping Rough Carpentry � DOpI"5,Window& Masonry Stump Grinding Glazing Vehicular Snow Remo�al Tank Coating ' DrywalE Systems Painting &Walf Covering Tree Remo�al Fertiliz�r A�plication Pest Control Tree Trimming Geotech Boring ScafFalding Tuckpainting Insulation Sidewalks Waterproofing Finish Carpentry Plastering Well Drilling C��SS C; Carpefi Cleaning General Cleaning Power Washing Carpet&Resilienk Grass Cutting Tife &Terrazzo Flooring Flooring Janitorial Window Washing Caulking &5ealants Non Vehicular Snow& Acoustical Ceiling Ice Removal F'iEter Clear�ing Office Furnishings Page 1 af 6 Schedule F,General, Artisan or Trade Conkractors, Subcontractors ar Sub Subconkractors Jar�uary 2023 Page 585 of 2490 I, City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors, Subcantractors or Suh Subcantractors INSURANCE SCHEDULE F (continued) 1, Cantractor shall furnish a signed certificake of insurance to the depar#ment responsible for the contract for the coverag�required in Exhibit I prior to commencing wark and at the end of the project if the term nf work is fonger than 6p days. Contractors presenting annual certificates shal[ present a certificate af the end of each project with the final billing. Each cer�ificate sha11 be prepared an the most currenk ACORD form approved by the lowa Department of Insurance or an equivalent appro�ed by ti�e qirector of Finance and 8udget or Designee. Ti�e cer�ificate must clearly indicate the project number, project name, or project descripfiion for which it is being provided Eg: Projec## Project nam�: or . Project Location at or construction afi 2. Af[policies of insurance required hereunder shall be wifih an insurer authorized to do business in ' lowa and all insurers shall have a rafing of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate required shaff be furnished fo the Department of the City of bubuque. �4. Failure to pro�ide fihe co�erages described in this Insurance Schetiule shall not be deemed a wai�er of these requirements by tne City of Qubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this confrack. 5. Contractor shall require all subeontractors and sub-subcontractors to obtain and maintain during the perFormance of work insurance for the coverages described in this lnsurance Schedule and shal[obtain certificates of insurance from all such subcantrackors and sub-subcontractors. Contractor agrees that it shalE be liabl�for t�e fiailure of a subcontractor and sub-subconkractor fo obtain and mainfain such coverage.The Cify may request a copy of such certificates from the Confractor. 6. All required endorsements shafl be attached to the certificate.The cerkif[cate is dus before the contractlagreement can be approved. 7. Whene�er an ISO form [s referenced the currenk edit�on must be provided, 8. Cantracfior shall be required to carry the minimum coverag�llimit, �r greater if required by law or other legal agreernent, in Exhibik I - Insurance Schedule F. If the contractor's limits of liability are --._ _. . _. _. __. __. ..__._.._.higherthan_the requ9red_minimum..limi#,_thern_the_contractar's..limits-shall be-this-agreement's ................. - - required fimits. 9. Contractar shall be responsible for deductib[es and seEf-insured retention far payment of all policy premiums and other cost associafed with the insurance po�icies r�quir�d below. 10. Af�cerkificates of insurance must include agents name, phone number, and email address. 11. 7he City of Dubuque reserves the right to require complete, certified capies of all required insurance policies, including endorsements, required by this Schedule at any time. 12. `fhe City of Dubuque reserves the right to modify these requirements, including limffs, based on changes in the risk or other special circurns#ances during the term of the confiract, subject to mutual agreement of the parties. Page 2 of 6 Schedule F, General,Artisan or Trade Con�ractors, Subcontractors or Sui�Subcontractors Jan�ary 2023 Page 586 of 2490 City of Dubuque Insurance Requirements for G�neral,Artisan or Trade Contractors, Subcontractors or Suh Subcantractors INSURANCE SCHEDULE F (continued� EXHIBIT I A) CDMMERCIAI.G�NERAL LIABILITY General Aggregate Limit $2,000,040 Products-Completed Operations Aggregate l,irnit $2,000,000 Personaf and Ad�er�ising Injury Limit $1,00O,OOQ Each Occurrence $1,000,000 F'ire Damage Limit(any one accurrence) $50,000 Medical Paym�nts $5,000 1) Coverage sha�l be written an an accurrence, not claims made,form. Tha genera! liability eoverage shall be written in accord with ISO form CG 00 01 or business owners farm BP 00 02. AI[deviakions from#he standar'd ISO commercial generaf liability form CG 00 01 or business owners form BP 00 02 shall be clearly identi�'ied. 2) Include ISO endarsement form CG 2� �4"Designated Location{s}General Aggregate Limit° or CG 25 03"Designat�d Construction Project(s) General Aggregate Limit° as appropriate. 3} Inclucle endorsement indicating that co�erage is primary and non-cflntributory. A} Include Preser�atian of Gavernmenta[]mmunities �ndarsement. (Sample attached). 5} Include additional insured endorsement for: 'Fhe City of Dubuque, including all its elected and appointed officials, all its employees and vafunteers, all its boarcis, commissions andlor authorities and their bQard members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operafions). �) The additional insured endorsement shall include campleted operatians under iS0 form CG 20 37 during the project term and for a perioci of two years after the camplefinn of the project. 7) Policy shall include Wai�er of Right to Recover from 4thers endorsement. 8) P�licy shall include cancellation and material change endorsement providing thirty (30)days advance wrif#en notice of cancellation, non-renewal, reduction in insurance co�erage andlor limits and ten {1 a}days written n�tice of non-payment of premium shall be sent to: City of Dubuque Finar�ce Department, _ .. ... __ .. .._......_................._ .. --.-.---.--.--5.�West 1_3.t�_S.tr_e.�t..Qub.u.que,._Iowa...520.01.9}----..._C.ontractor..and._subcontractor-._.._. _.._ . _ sha11 not use any drone without the prior writfer� approval of the city of Dubuque. Any drone usage musf comply with above liability limits and the additional insured endorsement must name the City of Dubuque with respect fo aircraft liability coverage. B) WORK�RS°COMPENSATlON & �MPl.OY�RS LIABILITY Statutary Benefiks covering aEl empfoyees injured on the job by accident or disease as prescribed by lowa Code Chapter 8�. Covarage A Statutory—State afi lawa Coverage B �mployers Liability Each Accident $100,000 Each Employee-Disease $1q0,000 Po�icy Limit-bisease $500,000 Palicy sha11 include Waiver of Right to Recover from Others end�rsement. Page 3 of 6 Schedule F, General,Artisan or 7rade Contractors, Subcontractars or Sub Subcontractors January 2023 Page 587 of 2490 City of Dubuque Insurance Requirements for General,Ar�isan ar 7rade Contractors, Subcontractors or Sub Subcontractors Coverage B limits shall he greater if required by the um�rellalexcess insurer. OR If, by lowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensatfon Insurance,the Contractor shail have a copy of the 5tate's Nonelection of Warkers'Compensaki�n or Employers' �iability Coverage form on file with the lowa Workers'Compensation Insurance Cammissioner, as required by lowa Code Section 87.22. Compfeted form rr�ust be attached. C) AUTOMOB[LE LIABILITY Combined Single Limit $'[,000,000 Coverage shal! include all owned, non-owned, and hired vehicles. If the Contracfnr's business does not own any vehicles, coverage is required on non-owned and hired vehicles. 1} Policy shall include Wai�er of Righk to Reco�er from Others endorsemer�k. D) UMBRELLAIEXCESS LIABILiTY The General Liability,Automobile Liability and Workers Compensation Insurance requirements may be satisfied with a combinatiQn af primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not fof[ow the form of the�rimary policies, if shall include fhe same endorsements as required of tha primary policies including but not limited to Waiver of 5ubragation and Primary and Non- contributory in favar of the City. All Class A contractors wi#h contract values in excess of$10,ODD,b00 must have umbrellalexcess liability coverage of$'f0,000,OQ0. All Cfass A and Class B contractors with contract�alues between $5DO,OOa and $10,00O,OOD must ha�e umbrellalexcess liability eo�erage of$3,000,000. _. All C[ass A and B contractars with con#ract values less than $500,000 must ha�e umbrellalexcess liability co�erage of$1,040,000. All Class C contractors are not required to have umbrellalexcess liability coverage, A�I contractors perForming earth woric m�st ha�e a minimum of$3,00O,O�Q umbre[fa regardless of the contract Walue. �y POLLUTION LfABILITY Co�erage required: �Yes ,�No PoElutfon liability coverage shall foe require� if project involves any pollutian exposure for hazardous or contaminated materials including, but nof limited to,the removal of lead, asbestos, or PCB's. Pollution prociuct and complete operations coverage s�all also be covered. Page 4 of 6 Schedule F,General,Artisan or Trade Contractors, Subcontractors or 5ub Subcontraotors January 2Q23 Page 588 of 2490 I � City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors, i Subcontractors ar Sub Subcontractars � i �ach Occurrence $2,000,40p Policy Aggregate $4,OD0,400 ; 1) Policy to includejob site and#ransportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed ofFicials, ali its employees and volunteers, all its boards, commissions andlor authorities and their board members, employees and volunteers. Use IS4 form CG 20 1 d. {Ongoing operakions)or its equiva[ent and CG 20 37 (completed operatio�s) ar its equi�alent. �) Include Preservation of Governmentaf immunities Endorsement. 4) F'rovide evidence of coverage for 5 years affer completion of�roject. 5) Include endorsemenk indicating that coverage is primary and non- contributory. fi) Policy shall include wai�er of right to recor►ery from others endorsement. 7) Pollution liability shall include ISP endorsement CA 99 48.Pollution Liabifity-Broadened Co�erage for Covered Autas, or equivalent endorsement if the contractor has�ehicles that transport fuel onto the �wner's property. Fy RAILROAD PROT�CTIVE LIABILITY Coverage required: �Yes ,_,No ; Any cankract for construction or demolition work on or within fifty feet{50')from the edge of the tracks o�a railroad and affecting any railroad bridge, trestle, tracks, roadbeds, tunnel, underpass, or crossing, for which an easement, iicense or indemnification of the railroad is required, shall require evidence of the following additional coverages. Railraad Protecti�e Liability; , $ each occurrence{per limits required by Railroad) ' $ policy aggregafe (per limits required by Railroad) OR -An..endorsement-to-the-Commercial-General-�iability-policy equal-to-ISO CG-24 97- - - (Contractuaf Liability-Railroads). A copy aF khis endarsement shall be attachecE fo the certificate of insurance. Page 5 af 6 Schedule F, General,Artisan or Trade Contractors, Subcontractors or 5ub 5ubcantractors January 2023 Page 589 of 2490 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors, SuE�contractors or 5ub Subcontractars Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the wai�er of the City's go�ernmental immunities pro�ided in lowa Cade sec. 670.4. If you would like to preserve those immunities, pEease us�this endorsement ar an equivalent form. PRESERVATIDN OF GOVERNMENTAL IMMUNITIES ENDOR�EMENT 1. Nonwaiver of Go�ernmental Immunit . T�e insurer expressly agrees and statas khat khe purchase of this po[icy and the including of the City of Dubuque, lowa as an Additiona[Insured does not waive any of the defenses of governmental immunity awailahle to the City of Dubuque, lowa under Code of lowa ' 5ection 670.4 as it is now exists and as it may be amended fram kime to time. 2. Claims Coveraqe.The insurer further agrees that this palicy of insurance shall c�ver only those claims nofi subject to khe defense of governmental imm�nity under the Code of lawa Section 670.4 as it now exFsks and as it may be amended from tim�to time. Those claims nof subject ko Code of lowa Section 670.4 shall be coverec�by the terrns and conditEons of this insurance policy. 3. Assertivn of Go�ernmenk Immunitv. The Cify of Dubuque, lowa shall be responsible for asserting any defense of gavernmental immunity, and may do so at any time ancf shall do so upon the kimely written request of the insurer. 4. Non-Denial of Co�eraqe. The insurer shall not deny coverage under this policy and the insurer shall not deny ar�y of the rights and benefits accruing to the City of Dubuque, lowa under this policy far reasons of governmental immunify unless and until a court of competent jurisdiction has ruled in favor of the defense{s}af governmental immunity asserted by the City of Dubuque, lowa. No Other Chan_ge in Polic��"he above preservakion of go�ernmental immunities shall nof otherwise change or alter the co�erage avaifable under the policy. (DEPARTM�NT MANAG�R: FILL IN ALL BLANKS AIVD CHECK BOXES) Page 6 of 6 Schedule F, General,Artisan or Trade Cantractors, Subconfractors or Sub Subconkractors January 2023 Page 590 of 2490 Dubuque THE CITY OF � AIIRm�er�ipEiJry DuB E Title '�II�' Masterpiece on the Mi��i�sippi SU�Jtltle zov.zoi9 3340 �;. � n�: • ;�\ �;., • ,t ; \� �• �,�, �. � \� �`�i � � , , . . _ 1 ,..� � _ � /; � � � � � � �� ' � ,�� , �� ' � � � ;� ,, , � . �c-:a=: Il.1�Jk^ . .. .. . � .! � - %. � . •'� ,g/y � - '. � .. ._. - i�!�ry � / ,• DISCLAIMER:This inPormation was mmpiled using various data sources from third parties or maintained by the City of Dubuque i l°X 8.5°Sheet Map Prepared by: (the City).By use of this information,the user acknowledges that, City of Dubuque while the City utilizes the most current and accurate information 1 inch equals 100 feet available,the City does not warrant the accuracy or currency of the \/I�,/ Engineering Division information or data contained therein.By use of this information, � I � Y r E 50 West 13th Street the user agrees the City is not responsib�e for the misuse or Dubuque,lowa 52001 misinterpretation of any information displayed in this map and that Q 50 �QQ the user will not hold the ciry liable for any loss,damage,or PhOn@:(563)589-4270 inconvenience caused as a result of reliance on the information. FGGt S FeX:(563�589-4205 Page 591 of 2490 CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, lowa will hold a public hearing on the 16th day of June 2025 at 6:30 p.m. in the Historic Federal Building, 350 W. 6t" Street, 2nd floor, Dubuque, lowa, at which meeting the City Council proposes to dispose of City interest by Grant of Storm Sewer Utility Easement to Switch Development at JFK, LLC across a portion of the Northwest Arterial Right of Way, more particularly described as follows: Part of the Northwest Arterial Right of Way adjacent to Lot 1 of Switch Development @ JFK No. 4, in the City of Dubuque, lowa At the meeting, the City Council will receive in-person and virtual comments from any resident or property owner of said City to the above action. The official agenda will be posted the Friday before the meeting and will contain public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said proposal. Written comments regarding the above public hearings may be submitted to the City Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA 52001, before said time of public hearing. At said time and place of public hearings the City Council will receive any written comments received by the City Clerk's Office before said time of public hearing. Copies of supporting documents for the public hearings are on file in the City Clerk's Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals with limited English proficiency, vision, hearing, or speech impairments requiring special assistance should contact the City Clerk's Office at(563) 589-4100, TDD (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard-of-hearing individuals can use Relay lowa by dialing 711 or (800) 735-2942. Published by order of the City Council given on the 2nd day of June 2025. Adrienne N. Breitfelder, CMC City Clerk Page 592 of 2490