Acceptance of Grants of Easement for Sanitary Sewer Utility_Silvia Property_Timber-Hyrst Copyrighted
December 16, 2019
City of Dubuque Consent Items # 17.
ITEM TITLE: Acceptance of Grants of EasementforSanitarySewer
Utility across Silvia Property
SUMMARY: City Manager recommending acceptance of a Grant of
Easement for Sanitary Sewer Utility from Lori and Brian
Silvia for a relocated public sanitary sewer across Part of
Lot 64 in Timber-Hyrst Estates #5 in the City of Dubuque.
RESOLUTION Accepting a Grantof Easementfor
Sanitary Sewer Utility through, under and across part of Lot
64 in Timber-Hyrst Estates #5 in the City of Dubuque, lowa
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Acceptance of Grant of Easement for Sanitary Sewer City Manager Memo
from Silvia-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Silvia Easement Supporting Documentation
SilviaAgreement Supporting Documentation
Dubuque
THE CITY OF �
uI�AaMca cih
DuB E � �
I � � I
Maste iece on the Mississi i Zoo�•zoiz•zois
YP pp zoi�*zoi9
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Grant of Easement for Sanitary Sewer Utility Across Lori E.
Silvia and Brian A. Silvia Property off of South Bend Circle in Dubuque
DATE: December 9, 2019
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of
Easement for Sanitary Sewer Utility from Lori and Brian Silvia for a relocated public
sanitary sewer across Part of Lot 64 in Timber-Hyrst Estates #5 in the City of Dubuque.
The property owners are planning to construct a single-family dwelling crossing the
property line between the two lots they own on South Bend Circle. An existing public
sanitary sewer was relocated by the owners in order to accommodate the proposed
home location.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Dubuqu�
THF.CITY OF �
All-A�erica Cih
DUB E � . .� . �
I � � I
20Q7•?.012.�20 t.3
Mc�stet��ic�ce or� tlz� Mississi�pi zo i�*2o i 9
TO: Michael C. Van Milligen, City Manager
� _ - -�,�
FROM: Gus Psihoyos, City Engineer ����_--��
SUBJECT: Acceptance of Grant of Easement for Sanitary Sewer Utility across Lori E.
Silvia and Brian A. Silvia Property off of South Bend Circle in Dubuque
DATE: December 10, 2019
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a grant of easement for
sanitary sewer utility from Lori and Brian Silvia for a relocated public sanitary sewer
across Part of Lot 64 in Timber-Hyrst Estates # 5, in the City of Dubuque, lowa.
DISCUSSION
The property owners are planning to construct a single-family dwelling crossing the
property line between the two lots they own on South Bend Circle. An existing public
sanitary sewer was originally located on the common lot line of the two lots and was
recently relocated by the owners in order to accommodate the proposed home location.
The sanitary sewer construction has been inspected and approved by Engineering
Department staff. The owners, Lori and Brian Silvia, and the City of Dubuque wish to
set forth terms for the construction, maintenance, and replacement of the proposed
public utility relocation. The terms in the Grant of Easement would prevent property
owners from building structures over or changing grades next to the easement without
the City's consent. The City of Dubuque will own and maintain the relocated public
sanitary sewer utility.
The attachPd Grant of E�sement shows the new s�nitary sewer �e�sement across Part
of Lot 64 in Timber-Hyrst Estates # 5, in the City of Dubuque, lowa. A public hearing to
vacate the old sanitary sewer easement will be set in the near future.
RECOMMENDATION
I recommend accepting the Grant of Easement for Sanitary Sewer Utility through, under
and across Part of Lot 64 in Timber-Hyrst Estates # 5, in the City of Dubuque, lowa, as
shown on Exhibit A on the attached Grant of Easement.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Easement for Sanitary Sewer Utility
from Lori E. and Brian A. Silvia through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
1
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 432-19
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY
THROUGH, UNDER AND ACROSS PART OF LOT 64 IN TIMBER-HYRST ESTATES
# 5, IN THE CITY OF DUBUQUE, IOWA
Whereas, Lori E. Silvia and Brian A. Silvia and the City of Dubuque wish to set forth
terms for the construction, maintenance, and replacement of proposed public sanitary
sewer utility located in Part of Lot 64 in Timber-Hyrst Estates # 5, in the City of
Dubuque, Iowa; and
Whereas, Lori E. Silvia and Brian A. Silvia have executed a Grant Easement for
Sanitary Sewer Utility through, over and across Part of Lot 64 in Timber-Hyrst Estates #
5, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of,
accepts and consents to the Grant of Easement for Sanitary Sewer Utility through, over
and across Part of Lot 64 in Timber-Hyrst Estates # 5, in the City of Dubuque, Iowa from
Lori E. Silvia and Brian A. Silvia, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 16th day of December 2019,0'
Attest~
Kevin 431. Firnstahl, CM , City Clerk
7Roy D. Buol, Mayor
1111111111111111141111111111111111111
Doc ID. 010410650005 Type: GEN
Kind: EASEMENT
Recorded: 12/20/2019 at 02:51:06 PM
Fee Amt: $27.00 Pape 1 of 5
Dubuque County Iowa
John Murphy Recorder
Fi1e20 19-000 16 156
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF EASEMENT FOR SANITARY SEWER UTILITY
For and in consideration of the sum of Ten and 00/100's Dollars ($10.00) and
other good and valuable consideration, the receipt whereof is hereby
acknowledged, LORI E. SILVIA AND BRIAN A. SILVIA, ("Grantor"), of Dubuque
County, State of Iowa, for themselves, their heirs and assigns, do hereby grant,
sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal
corporation, its agents and contractors, from the date hereof, rights of ways and
easements through, under and across the following described real estate
situated in Dubuque, Iowa, to wit:
Part of Lot 64 of Timber-Hyrst Estates #5 in the City of Dubuque, Iowa, as
shown on Exhibit A attached hereto and by reference made a part hereof.
Said easement shall be as shown on the attached Exhibit A for the purpose of
constructing and maintaining a sanitary sewer utility and other appurtenances,
along with the right, privilege and authority to construct, reconstruct, maintain,
operate, repair, patrol and remove said improvements. Said easement shall also
include the right to cut, trim or remove trees, bushes and roots as may be
required incident to rights given herein.
Together with the right to enter upon said property during the period of
construction until the project is accepted by City Council.
It is understood and agreed that the Grantee herein shall restore the disturbed
area due to the construction, maintenance or repair of said sanitary sewer and
appurtenances.
Grantor shall not erect any structure over or within the easement area without
obtaining the prior written approval of the City Engineer. Grantor shall not
change the grade, elevation, and contour or perform any construction or
excavation that will diminish the lateral support or integrity of said improvements
without obtaining the prior written consent of the City Engineer.
Grantor agrees that any future improvements placed within said easement by
Grantor, and their heirs and assigns, excluding turf grass, may be removed and
not replaced by the City of Dubuque in the process of maintaining, repairing or
reconstructing the sanitary sewer main utility. City of Dubuque will not be
responsible for the replacement, repair, or relocation of any future improvements,
besides turf grass, that encroach in the proposed easement.
To have and to hold unto the said City of Dubuque, Iowa, forever, and the
undersigned do hereby expressly covenant that they are the owners in fee of
said real estate and have good right to execute this agreement, and that the
Grantee, its agents or contractors, shall at all times have free access to and
egress from and over said real estate to maintain or repair said sanitary sewer
utility thereon or therein.
Dated at Dubuque, Iowa this )5(v1\- day of ov-ctowur , 2019.
By:
By:
'Lori E. Silvia
fLee,r/1:4
Bri n A. Sil4c
NOTARY PUBLIC
PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this a6A day of Nowa , A.D., 2019 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Lori E.
Silvia and Brian A. Silvia to me known to be the identical person(s) named in and
who executed the within and foregoing instrument, to which this is attached, and
acknowledged that they executed the same as their volunta act and deed.
LINDSAY M. MORR/S
Edon Number 790682
My CrnslrExpes
U 3
tomigr 411'
Orr
ub ic n and For Said State
LOT 73
N 88'54' 40"E
200.00'
LOT 74
N 88'54' 40"E
EXHIBIT A
PUBLIC SANITARY SEWER EASEMENT
ACROSS LOT 64 OF TIMBER-HYRST ESTATES #5
IN THE CITY OF DUBUQUE, IOWA.
N8120'14"W 22.03' : _ / LOT 61
1
I
1
v -I 10'
o N812p'14" i/�00 z I PUE
O 192.13' i TYP) LOT 62
o w / O
o
I
I 0 --6:3
!0.1, 0 C , (/ 1 58.50
0121 �
0 F 1 � C30CA/ /i '
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/ // / 7 / LOT 63h / /
1 / / / , �F`� ///// /
LOT 641 I 1 /� / ��P //
i-8 a •1 ; / F
0 13. ►� / / �-i� ss
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//j /
i.-/ // C., // 23..
// /q, //
/ / o° // q,- N4
o--
// 4<c/ // ci\ , C.
// 13
21
200.00
LOT 75
N88'54'40"E
ESTATES #4 -->
200.00'
<--
o�
N �
LOT 76 m o 5 -_I 13 5 / / /
0 1 IL -1
-„12f'1 ///
1 S EI 1 / 1
z 1 I / / o
200.00' - 1 II 1 / /// cr
cn
ci
• 1 "� 1 h� / M
I /O Nn.
LOT 77 0 1 �°I 1 /NN/�j�/ h �g i / . '5ro
• rn 1 // / v / /� / 5
N88'54'40"E c° 9 I y/ // / v /// / // / ///, i/1�16
200.00' 1 1 />n/ / , 2// / // ,
-. 1 1/0./ / S 0, / / /O. /
/
/ / o
o / / SF // // k .
LOT 78 0 1 A / // // //�y5j/ / 10.46'
o9 /�/// / /// /ij5%
1 /'� / / / ////
N88'54'40"E 1 / Tj / / /d // //
200.00'1 / P /1 i/ ,\• h co,"
1/ 1,1/, -:/ co,
o 9/
LOT 79 0 /
_ ( o /" Xco \/ ,/ N
m o ,/0.26'
N88 -54.40"E
1 t N88'51. -'46"E ^61
200.00' 21.79'---\`'.5'61,^d•
2S / A� // "5.
j.
�o/�� / 2\ o
// s. J
0
LOT 80
0
O3 1b1
/ /
///
/
131.50" /5744/
88'54'40"E , 188.90' _/
-4 N
N68'27'14"E
82.83'
• LOT 85
u
Q �O
sem,.
15.29' LOT 82
CURVE DATA
ND
9
LOT 83 a LOT 84
Z CD u.>
s
CURVE
CHORD
BEARING
CHORD
LENGTH
RADIUS
ARC
LENGTH
DELTA
C30A
N21'20'14"W
60.00'
60.00'
62.83'
60'00'00"
C3OB
N5630'43"E
88.97'
60.00'
100.22'
95'41'55"
C30C
N24'25'31"W
93.54'
60.00'
107.26'
102'25'36"
C3OCA
N71'08'42"W
9.40'
60.00'
9.41'
8'59'15"
C3OCB
N4523'52"W
43.50'
60.00'
44.51'
42'30'26"
C3OCC
N 1'19'19"E
51.60'
60.00'
53.34'
50'55'56"
0300
N47'43'31"E
42.88'
60.00'
43.85'
41'52'29"
/
/1
LOT 86
SCALE 1" = 100'
0' 50' 100'
LINE DATA
LINE
BEARING
DIST.
0
N53'36'37"W
25.00'
P
N53'36'37"W
25.00'
LEGEND
PROPERTY LINE
CENTERLINE
EXISTING EASEMENT LINE
EASEMENT LINE
( ) RECORD DIMENSION
(TYP) TYPICAL
PUE PUBLIC UTILITY EASEMENT
STE STORM SEWER EASEMENT
SSE SANITARY SEWER EASEMENT
STDE STORM DRAINAGE EASEMENT
XTG EXISTING
NOTES
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF.
2. OWNER & PROPRIETOR OF:
LOT 64 OF TIMBER-HYRST ESTATES #5:
Silvia, Lori E. / 1272 Deer Creek Ridge / Dubuque, IA 52003
3. LOT 64 OF TIMBER-HYRST ESTATES #5 15 LOCATED IN THE NE1/4 OF SECTION 3,
T88N, R2E, OF THE 5TH P.M., DUBUQUE COUNTY, IOWA.
4. THIS PLAT IS SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD.
5. SANITARY SEWER EASEMENTS (SSE) SHOWN ARE FOR THE CONSTRUCTION, MAINTENANCE,
AND REPAIR OF THE CITY OF DUBUQUE OWNED SANITARY SEWER RELATED FACILITIES,
INCLUDING ACCESS TO AND EGRESS FROM SAID FACILITIES.
6. SEE FILE #2017-00004751 FOR FINAL PLAT OF TIMBER-HYRST ESTATES #5.
SHEET TITLE
PLAT OF
PUBLIC SANITARY SEWER EASEMENT
LOT 64 11MBER-HYRST ESTATES #5
PROJECT I NO. 18125
PREPARED FOR:
BRIAN & LORI SILVIA
1272 DEER CREEK RIDGE
DUBUQUE, IA 52003
AEI ASSOCIATES INC.
ENGINEERS AND SURVEYORS
1212 LOCUST ST, DUBUQUE. IA
(563) 556-4389
UESING
DATE
REVISIONS
5/21/19
SCALE:
SEE BAR SCALE
DRAWN BY:
TPL
CHECKED BY:
TLK
Prepared by: Nate Kieffer, City of Dubuque 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 432-19
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY
THROUGH, UNDER AND ACROSS PART OF LOT 64 IN TIMBER-HYRST ESTATES
# 5, IN THE CITY OF DUBUQUE, IOWA
Whereas, Lori E. Silvia and Brian A. Silvia and the City of Dubuque wish to set forth
terms for the construction, maintenance, and replacement of proposed public sanitary
sewer utility located in Part of Lot 64 in Timber-Hyrst Estates # 5, in the City of
Dubuque, Iowa; and
Whereas, Lori E. Silvia and Brian A. Silvia have executed a Grant Easement for
Sanitary Sewer Utility through, over and across Part of Lot 64 in Timber-Hyrst Estates #
5, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of,
accepts and consents to the Grant of Easement for Sanitary Sewer Utility through, over
and across Part of Lot 64 in Timber-Hyrst Estates # 5, in the City of Dubuque, Iowa from
Lori E. Silvia and Brian A. Silvia, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 16th day of December 2019.,
Attest:
Kevin Firnstahl, CM ', City Clerk
Roy D. Buol, Mayor
CERTIFICATE of tfie CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 432-19 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 17th day of December, 2019.
Kevin S. Firnstahl, CMt, City Clerk
SANITARY SEWER CONSTRUCTION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
LORI E. SILVIA AND BRIAN A. SILVlA
This Sanitary Sewer Construc#ion Agreement (Agreement) is made and entered
into this ,� ���day of May, 2019, by and between the City of Dubuque, lowa, an lowa
municipal corporation {City), and Lori E. Siivia and Brian A. Silvia (Developer).
WHEREAS, Developer is the owner of the rea! estate legally described as Lot 63
and Lot 64 of Timber-Hyrst Estates #5 in the City of Dubuque, lowa, (Site); and
WHEREAS, City owns and maintains a public sanitary sewer, that lies on th�
common lot line of Lot 63 and Lot 64 of Timber-Hyrst Estates #5 in the City of Dubuque,
fowa, (Site); and
WHEREAS, said public sanitary sewer lies within a utility easement as dedicated
and shown on the Final Plat of Timber-Hyrst Estates #5 in the City of Dubuque, lowa,
(Site); and
WHEREAS, Developer is proposing to construct a home, driveway, and
landscaping improvements (the improvements) on the Site; and
WHEREAS, the Improvements are proposed to be located over said public
sanitary sewer and said utility easement; and
WHEREAS, said public sanitary sewer will need to be relocated to accommodate
the construction of the improvements and ailow for the future maintenance of the said
public sanitary sewer (the Project); and
WHEREAS, Developer desires to construct the new sanitary sewer alignment
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 easernents, as required by the City, to the City.
NOW, THEREFORE, IT IS AGREED �Y AND BETWEEN THE PARTIES AS
FOLLOWS:
SECTION 1. GENERAL CO�1DiTIUAiS.
1.1 Developer will begin work on the Project in June of 2019. The Project will be
substantially completed by August 1, 2019. An initial plan for the Project is attached as
Exhibit 1.
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 ail
applicable licenses and permits, Developer has obtained a!I required bonds or other
acceptable form of security, and Deve►oper had paid all applicable inspection fees.
1.3 Developer is responsibie and will pay for all costs related to the Project, includir�g
but not iimited to, construction costs, connection fees and inspection f�es.
1.4 Developer is responsible and wi11 pay for all costs to abandon the existing public
sanitary sewer main in accordance with current City standards.
SECTION 2. PLANS AND PERMlTS.
2.1 Developer must obtain and submit to the City copies �f al! applicabie permits
necessary for the Project prior to commencing work.
2.2 Developer must obtain all applicable permits and licenses required for working ira
the City right-of-way.
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 wiil 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 Deveioper must obtain a constrUction bond or other suitable security for one
hundred ten percent (110%j of the estimated total construc#ion cost of the Project.
3.2 Developer must obtain a maintenance bond or other acceptabie 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 comple#ed Project.
SECTION 4. INSPECTIONS AND ACCEPTANCE.
4.1 The City will inspect the Project throughout its implementation and at �ts
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.
4.2 The City will conduct a finai inspection upon the completion of the Project. If the
inspection estabfishes that tl�e Proje�t 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 Developer must provide the City with an easement dedicating the proposed
sanitary sewer utility easement (20' width) over Lots 63 and 64 of Timber-Hyrst Estates
#5, as shown on attached Exhibit 1, for access and activities associated with the
sanitary sewer, including but not limited to the maintenance and repair of the sewers by
the City. Developer must provide #he City with a plat or exhibit of said easernent. Grant
of Easement document to be in Ci#y Standard format. City will record Grant of
Easement with County Recorder. Developer is responsible for all recording fees
associated with easement.
5.2 After Developer has dedicated the proposed easements to the City, and the
Project has been compieted, inspected and accepted by the City Council, Ci#y will be
responsible for the maintenance and repair of the sanitary sewer from ths 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.
5.3 City agrees to vacate existing sanitary sewer easement at the cornpletion of the
Project and upon Developer's granting a new easement. Developer shail provide any
needed surveying documents required #o vacate existing easement. Ci#y will facelitat�
the vacation of the existing easement and record the vacate documents with he County
Recorder. Developer is responsible for ail recording fees associated with the easement
vacation.
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, liabilitiss or legal
expenses that may arise on acco�ant of injury to any person or damage t� 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 praviding services for Deveioper 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 3.
SECTION 7. MISCELLANEOUS.
7.1 This Agreemen# may not be assigned without the prior written permission of the
City. Such written approval will not be unreasonably withhefd.
7.2 This Agreement represents the entire Agreement between the parties. There are
no verbal additions to this A�reemen#, and all amendments, additions or changes #o 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 lowa and venue for any
action arising from or related to this Agreement will be in the District Court of lowa,
Dubuque County, lowa.
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 t� the
following:
If to Developer: Lori E. Siivia and Brian A. Silvia
1272 Deer Creek Ridge
Dubuque, IA 52003
If to City: City of Dubuque, lowa
Attenti�n: Gus Psihoyos, City Engineer
50 Wes# 13t�' Street
�ubuque, lowa 52(301
CITY OF DUBUQUE, IOWA DEVELOPER
�.�'
By: .`` By: .; ��
Michael C. Van Milligen Lori . Silvia
City Manager
By: ` '� ` `
Brian . Silvia
EXHIBIT 1
LOT 63 & 64 TIMBER HYRST ESATES #5
INITIAL SEWER CONSTRUCTION PLAN AND EASEMENTS
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5
EXHIBIT 2
INSURANCE SCHEDULE F
EXHIBIT 2
City of Dubuque insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub-Subcontractors
INSURANCE SCHEDULE F
Class A:
Asbestos Removal Fiber Optics Sanitary Sewers
Asphalt Paving Fire Protection Sheet Metal
Concrete Fireproofing Site Utilities
Construction Managers General Contractors Shoring
Cranes HVAC Special construc#ion
Culverts Mechanical Steel
Decking Paving &Surfacing Storm sewers
Demolition Piles &Caissons Structurai Steei
Deconstruction Piumbing Traiis
Earthwork Retaining Walls �"unneling
Electrical Reinforcement Water main
Eievators Roofing
Class B:
Chemical Spraying Landscaping Rough Carpentry
Doors,Window& Masonry Stump Grinding
Glazing Vehicular Snow Removal Tank Coating
Drywall Systems Painting&Wall Covering Tre2 Removal
Fertilizer Application Pest Control Tree Trimming
Geotech Boring Scaffolding Tuckpointing
Insulation Sidewaiks Waterproofir�g
Finish Carpentry Plastering Wefi Drilling
Class C:
Carpet Cleaning General Cleaning Power Washing
Carpet&Resilient Grass Cutting Tile &Terrazzo Fiooring
Flooring Janitorial Window Washing
Caulking & Sealants Non Vehicular Snow&
Acousticai Ceiling Ice Removal
Filter Cleaning Office Furnishings
Page 1 of 6 Schedule F,General,Artisan or Trade Contractors,Subcontractors or Sub Subcontractors fVovember 2017
City of Qubuque Insur S bcont actors orSSub Subcont actors Qr Trade Contractors,
fNSURANCE SCHEDULE F (continued�
1. Contractor shail furnish a signed certificate of insurance to the department responsibie 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 fonger 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 lowa Qepartment of lnsurance or an
equivaient approved by the Finance Director.The certificate must clearly indicate the project
number, project name, or project description for which it is being prov�dePro ec PLocatior+at
# Project name:
or construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
lowa 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 shail 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 iiable for the fiailure of a subcont of s�chn ertifb at s from the�to
obtafn and maintain such coverage.The City may request a copy
Contractor.
6, All required endorsements to various policies shall be attached to the certificate of insurance.
7. Whenever an 1S0 form is referenced the current edition must be provided.
g. 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 shali be fhis agreement's
required limits.
_ . .. ,__.__.. o„ti,.,,,,+r�,-+„T�nr Sub Subcontractors November 2017
City of Qubuque insurance Requirements for Generaf, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
EXHlBIT 1
A) COMMERCIAL GENERAL LIABILITY
General Aggregate �imit $2,000,000
Products-Compieted Operations Aggregate Limit 52,000,000
Personal and Advertising Injury Limit �1,000,000
Each Occurrence 50,000
Fire i�amage Limit(any one occurrence) $��Op�
Medical Payments
1 j Coverage shail be written on an occurrence, not claims made,form.The general
liability coverage shali be written in accord with ISO form �Gfl001 or business
owners form BP0002. All deviations from the standard 1S0 commercial general
liability form CG 0001 or business flwners form BP 0002 shall be clearly
identified.
2) inciude ISO endorsement form CG 25 04"Designated Location(s)General
Aggregate�imit" or CG 25 03"Designated Construction Project(s)General
Aggregat2 Limit" as appropriate.
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement. (Sample
aktached}.
5) Include additional insured endorsement for:
The City of Dubuque, including ali its elected and appointed officials, all its
employees and volunteers, all its boards, commissions andlor authorities and
their board members, employees and volunteers, llse ISO form CG 20 10
{Ongoing operations).
6) The additional insured endorsement shall include completed operations under
ISO form GG 2037 during khe project#erm 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.
g) WOF�KERS' CONiPENSATION &EMPLOYERS LIABIL{TY
Statutory 8enefits covering ail employees injured on the job by accident or disease as
prescribed by lowa Code Chapter 85.
Coverage A Statutory—State of lowa
Coverage B Employers Liability 100,000
Each Accident $
Each Employee-Disease $100,OQ0
Policy Limit-Disease $500,000
Policy shaN inciude Waiver ofi Right to Recover from Others endorsement.
Coverage 8 lirnits shall be greater if required by the umbrella/excess insurer.
Nonelection of Workers'Compensation or Employers' Liability Coverage under lowa
Code sec. 87.22
_yes _____form attached
_ _ , . . ___ __,-...,,,.�...,+.��+,,,� ���n��ntrar.tors or Sub Subcontractors November 2017
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub SubcontractArs
INSURANCE SCHEDULE F (continued)
C) AUTOMOBiLE LIABlL1TY
Combined Single Limit $1,000,000
D) UMBRELLA(EXCESS LiABlLITY
Umbrella liability coverage must be at least following form with the underlying poiicies
included herein.
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
$1Q,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) ENViR�NMENTAL IMPAIRMENT LIABILITY OR POLLUTION LIABILlTY
Coverage required: _yes _no
Pollution liability coverage shall be required if project involves any poliution 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 shail also be
covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to inciude job site and transportation coverage.
2) Include additional insured for:
• The City of Dubuque, including all its elected and appointed officials,aN its
employees and volunteers, a�l its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 201Q.
(Ongoing operations) as stated in A(6)above or its equivalent.
3) Include Preseryation of Governmental immunities Endorsemen#.
4) Provide evidence of coverage for 5 years after completion of project.
Page 4 of 6 Schedule F, General,Artisan or Trade Confractors,Subcontractors or Sub Subcontractors November 2017
City of Dubuque lnsurance Requirements for General, Artisan or'frade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
F) RAILROAD PROTECTIVE LIABILITY
Coverage required: _yes �no
Any contract for construction or demolition work on or w+thin fifty feet{50')from the edge
of the tracks of a raiiroad or effecting any railroad bridge or trestie, tracks, roadbeds,
tunnel, underpass, or crossing for which an easement or license or indemnification of the
railroad is required, shall require evidence o#the foNowing 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 equai to !SO CG 2417
(Contractual Liability-f2ailroads). A copy of this endorsement shall be attached to the
certificate of insurance.
_ . � �.___._....�,..�,,,���h c�ihrnntractors Novembe�2017 �
City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
PRESERVATiON OF GO!/ERNMENTAL (MMUNITIES END�RSEMENT
1. Nonwaiver of Governmental Immunitv.The insurer expressly agrees and states that the purchase
of this policy and th�including of the City of Dubuque, lowa as an Additional Insured does not waive any
of the defenses of governmentai immunity avaiiabie to the City of Dubuque, lowa under Code of lowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coveraqe.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 lowa Section 570.4 as it
now exists and as it may be amended from time to time.Those claims not subject to Code of lowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immuniiv.The City of Dubuque, lowa 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 Coveraqe.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, lowa under this policy for
reasons of governmentai immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of govemmentai immunity asserted by the City of Dubuque, lowa.
No �ther Chanqe in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES}
_ � , .. _.___ __T.,.a„�-,,.,+���,..�� ���hcnntrar.tors or Sub Subcontracto�s November 2017