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Acceptance of Sanitary Sewer Improvements across Part of Lot 64 in Timber-Hyrst Subdivision No. 5Copyrighted March 2, 2020 City of Dubuque Consent Items # 13. ITEM TITLE: Acceptance of Sanitary Sewer Improvements across Part of Lot 64 in Timber-Hyrst #5 Subdivision SUMMARY: City Manager recommending acceptance of the public improvements that the developers, Lori E. Silvia and Brian A. Silvia, have recently completed across Part of Lot 64 in Timber-Hyrst Estates #5 Subdivision. SUGGESTED DISPOSITION: RESOLUTION Accepting Public Sanitary Sewer Improvements across Lot 64 in Timber-Hyrst Estates #5, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Acceptance of Sanitary Sewer Improvements Across Part of Lot 64 in Timber-Hyrst Estates-MVM Memo Staff Memo Resolution Construction Agreement Type City Manager Memo Staff Memo Resolutions Supporting Documentation Masterpiece on the Mississippi Dubuque bitil All-A.aia City 111111 2007.2012.2013 2017*2019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Sanitary Sewer Improvements across Part of Lot 64 in Timber-Hyrst Estates #5, in the City of Dubuque, Iowa DATE: February 25, 2020 City Engineer Gus Psihoyos is recommending acceptance of the public improvements that the developers, Lori E. Silvia and Brian A. Silvia, have recently completed across Part of Lot 64 in Timber-Hyrst Estates #5, in the City of Dubuque, Iowa. Maintenance guarantees for said public improvements shall be provided by the owners, Lori E. Silvia and Brian A. Silvia, for a period of two years from the date of acceptance. I concur with the recommendation and respectfully request Mayor and City Council approval. /-. 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 WIC Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager, FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of Sanitary Sewer Improvements across Part of Lot 64 in Timber-Hyrst Estates # 5, in the City of Dubuque, Iowa Dubuque ktretri AII•Amerin City 11 /I 2007.2012.2013 2017*2019 DATE: February 24, 2020 INTRODUCTION The enclosed material provides for City Council acceptance of the public improvements that the developer, Lori E. Silvia and Brian A. Silvia, have recently completed across Part of Lot 64 in Timber-Hyrst Estates # 5, in the City of Dubuque, Iowa. BACKGROUND 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. A public sanitary sewer was originally installed by the subdivision developer 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 new sanitary sewer construction has been inspected and approved by Engineering Department staff. The City of Dubuque will own and maintain the relocated public sanitary sewer utility. The property owners have granted a new utility easement over the revised sanitary sewer alignment area. DISCUSSION The Subdivision Ordinance requires that upon completion of all the required public improvements, the subdivider shall notify the City in writing of the completion of the improvements, requesting that the City either approve or reject the acceptance of the improvements, together with a statement of reasons for any rejection. On February 19, 2020, the owners requested City's acceptance of the improvements across Part of Lot 64 in Timber-Hyrst Estates # 5, in the City of Dubuque, Iowa. Upon inspection by the City, it has been determined that the public improvements required by said agreement have been completed in accordance with plans approved by the City Staff and in conformance with City specifications. RECOMMENDATION I would, therefore, recommend that the City Council accept the public improvements as described above. Maintenance guarantees for said public improvements shall be provided by the owners, Lori E. Silvia and Brian A. Silvia, for a period of two (2) years from the date of acceptance by City Council. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution accepting the public sanitary sewer improvements across Part of Lot 64 in Timber-Hyrst Estates # 5, in the City of Dubuque, Iowa. Prepared by Nate Kieffer, PLS RESOLUTION NO. 68-20 ACCEPTING PUBLIC SANITARY SEWER IMPROVEMENTS ACROSS LOT 64 IN TIMBER-HYRST ESTATES # 5, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Sanitary Sewer Construction Agreement dated May 23, 2019, a copy of which is attached hereto, certain public improvements including sanitary sewer and appurtenances, were installed by Lori E. Silvia and Brian A. Silvia; and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The recommendation of the City Manager be approved and that said public improvements across Part of Lot 64 in Timber-Hyrst Estates # 5, in the City of Dubuque, Iowa, be and the same is hereby accepted. Section 2. That a maintenance guarantee covering said public improvements shall be provided by the owners, Lori E. Silvia and Brian A. Silvia, for a period of two (2) years from the date of this resolution. Passed, approved and adopted this 2nd day of March 2020. ,0 Roy D. Buol, Mayor Attest: Kevin ` Firnstahl, City Clerk Masterpiece on the Mississippi TO: FROM: SUBJECT: DATE: Michael C. Van Milligen, City Manager , n Gus Psihoyos, City Engineer"I 2 Sanitary Sewer Construction Agreement June 5, 2019 Dubuque AII•America City 111111 2007.2012 2013.2017 Attached is an agreement between the City of Dubuque and Lori E & Brian A Silvia for the relocation and construction of new sanitary sewer main. The Silvia's are planning to construct a home, driveway and landscaping on Lot 63 and Lot 64 of Timber-Hyrst Estates #5. The City owns and maintains a public sanitary sewer that lies on the common lot line of Lot 63 and Lot 64 of Timber-Hyrst #5. The public sanitary sewer will need to relocated to accommodate the construction of the improvements and allow for the future maintenance of the public sanitary sewer. The developer will construct a new sanitary sewer alignment in accordance with City plans and specifications. Upon completion of the project, the developer will dedicate the sanitary sewer utility and any associated easements to the City. It would be appreciated if you would execute the noted document\ and return to the Engineering office for further processing. Attachs. SANITARY SEWER CONSTRUCTION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND LORI E. SILVIA AND BRIAN A. SILVIA This Sanitary Sewer Construction Agreement (Agreement) is made and entered into this ;3rLA. day of May, 2019, by and between the City of Dubuque, Iowa, an Iowa municipal corporation (City), and Lori E. Silvia and Brian A. Silvia (Developer). WHEREAS, Developer is the owner of the real estate legally described as Lot 63 and Lot 64 of Timber-Hyrst Estates #5 in the City of Dubuque, Iowa, (Site); and WHEREAS, City owns and maintains a public sanitary sewer, that lies on the common lot line of Lot 63 and Lot 64 of Timber-Hyrst Estates #5 in the City of Dubuque, Iowa, (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, Iowa, (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 allow 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 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 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 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. 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 existing public sanitary sewer main 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. 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 (11 Q%) 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. 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 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 the City with a plat or exhibit of said easement. Grant of Easement document to be in City 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 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. 5.3 City agrees to vacate existing sanitary sewer easement at the completion of the Project and upon Developer's granting a new easement. Developer shall provide any needed surveying documents required to vacate existing easement. City will facilitate the vacation of the existing easement and record the vacate documents with he County Recorder. Developer is responsible for all 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, 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 3. 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: If to City: Lori E. Silvia and Brian A. Silvia 1272 Deer Creek Ridge Dubuque, IA 52003 City of Dubuque, Iowa Attention: Gus Psihoyos, City Engineer 50 West 13th Street Dubuque, Iowa 52001 CITY OF DUBUQUE, IOWA DEVELOPER By: Michael C. Van Milligen City Manager By: // ,j Lori'E Silvia By: Brian EXHIBIT 1 LOT 63 & 64 TIMBER HYRST ESATES #5 INITIAL SEWER CONSTRUCTION PLAN AND EASEMENTS Orarkq uux, GLVVLECrS‘l0,1S001 - Y6nql.pmvt A 1] z LOT 73 LOT 74 PROPOSED SANITARY SEWER RE- ALIGNMENT AND 20' WIDE EASEMENT LOT 76 LOT 77 LOT 78 LOT 79 AAx u. u uata� abp Lost 4O ft?S For b. 20:9 - 4O3pn Plotted um Ape a€. 200 - 113Fnn ev :'auv0Sen /LoT,85 EXISTING SANITARY SEWER AND EASEMENT TO BE ABANDONED/ VACATED LOT 85 0 LOT EXHIBIT 2 INSURANCE SCHEDULE F EXHIBIT 2 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 November 2017 City of Dubuque Insurance Requirems ors for Seem tArtisan or Trade Contractors, Subt rs 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 Finance Director. The certificate must clearly indicate the project number, project name, or project description for which it is being provided r drEg: Prtoject 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 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 e le for lure of a d ob tain and maintain such coverage bThe Citythe mayasubcontractor request acopy of suncertificatessuch from then to Contractor. 6. All required endorsements to various policies shall be attached to the certificate of insurance. 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. o„ti +.�rrnrc nr Sub Subcontractors November 2017 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors INSURANCE SCHEDULE F (continued) EXHIBIT 1 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 Fire Damage Limit (any one occurrence) $$0,000 000 Medical Payments 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG0001 or business owners form BP0002. All deviations from the standard ISO commercial general liability form CG 0001 or business owners form BP 0002 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 2037 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 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. Coverage B limits shall be greater if required by the umbrella/excess insurer. Nonelection of Workers' Compensation or Employers' Liability Coverage under Iowa Code sec. 87.22 yes ` form attached _ _ hrnntractors or Sub Subcontractors November 2017 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors INSURANCE SCHEDULE F (continued) C) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 D) UMBRELLA/EXCESS LIABILITY Umbrella liability coverage must be at least following form with the underlying policies 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 $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) ENVIRONMENTAL IMPAIRMENT LIABILITY OR 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. Each Occurrence Policy Aggregate $2,000,000 $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 2010. (Ongoing operations) as stated in A(6) above or its equivalent. 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. Page 4 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors November 2017 City of Dubuque Insurance Requirements for General, Artisan or Trade 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 within fifty feet (50') from the edge of the tracks of a railroad or effecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass, or crossing for which an easement or 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 2417 (Contractual Liability -Railroads). A copy of this endorsement shall be attached to the certificate of insurance. , c„h cl ihmr1tractors November 2017 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors 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. Y ECLL EN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) T. a r,,.,+rn,,i„rC SI ihrnntrar.tors or Sub Subcontractors November 2017