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Acceptance Sanitary Sewer Improvements Across Parts of Walen Acres / Beverly Pines No. 2City of Dubuque ITEM TITLE: SUMMARY: SUGGESTED DISPOSITION: Copyrighted June 1, 2020 Consent Items # 5. Acceptance Sanitary Sewer Improvements Across Parts of Walen Acres and Parts of Beverly Pines No. 2 City Manager recommending acceptance of the public improvements that the developer, Edwards Family Realty Company, L.C., has recently completed across parts of Lot 1 and Lot 2 of Walen Acres and parts of Lot 2 and Lot 2-2 of Beverly Pines No. 2, in the City of Dubuque, Iowa. RESOLUTION Accepting public sanitary sewer improvements across parts of Lots 1 and Lot 2 of Walen Acres and parts of Lot 2 and Lot 2-2 of Beverly Pines No. 2 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Walen Acres Acceptance of Sanitary Sewer I mprovements-MVM Memo Staff Memo Resolution Aerial Photo Agreement - Executed Type City Manager Memo Staff Memo Resolutions Supporting Documentation Supporting Documentation Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque bitil All-A.aia City 111111 2007.2012.2013 2017*2019 SUBJECT: Acceptance of Sanitary Sewer Improvements across Parts of Lot 1 and Lot 2 of Walen Acres and Parts of Lot 2 and Lot 2-2 of Beverly Pines No. 2, in the City of Dubuque, Iowa DATE: May 26, 2020 City Engineer Gus Psihoyos is recommending acceptance of the public improvements that the developer, Edwards Family Realty Company, L.C., has recently completed across parts of Lot 1 and Lot 2 of Walen Acres and parts of Lot 2 and Lot 2-2 of Beverly Pines No. 2, in the City of Dubuque, Iowa. Maintenance guarantees for said public improvements shall be provided by the City of Dubuque from the date of acceptance by the City Council. I concur with the recommendation and respectfully request Mayor and City Council approval. 7-- 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 WIT Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer Dubuque bettld AII•Meriea City ,LAISCNAL(NL I }Nlk ' 11 ' 2007.2012.2013 2017*2019 SUBJECT: Acceptance of Sanitary Sewer Improvements across parts of Lot 1 and Lot 2 of Walen Acres and parts of Lot 2 and Lot 2-2 of Beverly Pines No. 2, in the City of Dubuque, Iowa DATE: May 22, 2020 INTRODUCTION The enclosed material provides for City Council acceptance of the public improvements that the developer, Edwards Family Realty Company, L.C., have recently completed across parts of Lot 1 and Lot 2 of Walen Acres and parts of Lot 2 and Lot 2-2 of Beverly Pines No. 2, in the City of Dubuque, Iowa. BACKGROUND The property owners Melissa N. Walen (Walen) and Edwards Family Realty Company, L.C. (Edwards) requested the extension of the public sanitary sewer from Lot 2-2 of Beverly Pines through the Walen and Edwards property to serve existing and future buildings. The new sanitary sewer construction has been inspected and approved by Engineering Department staff. The City of Dubuque will own and maintain the public sanitary sewer utility. The property owners have granted a 20-foot-wide utility easement over the sanitary sewer. DISCUSSION The project extended approximately 560 feet of 8" sanitary sewer, installation of a 4-foot diameter sanitary sewer manholes, clearing, grubbing, rock excavation and landscape restoration. The City will be able to levy a connection charge for any future sewer connections to this new extension. RECOMMENDATION would, therefore, recommend that the City Council accept the public improvements. Maintenance guarantees for said public improvements shall be provided by the City 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 parts of Lot 1 and Lot 2 of Walen Acres and parts of Lot 2 and Lot 2-2 of Beverly Pines No. 2, in the City of Dubuque, Iowa. Prepared by Nate Kieffer, PLS RESOLUTION NO. 162-20 ACCEPTING PUBLIC SANITARY SEWER IMPROVEMENTS ACROSS PARTS OF LOT 1 AND LOT 2 OF WALEN ACRES AND PARTS OF LOT 2 AND LOT 2-2 OF BEVERLY PINES NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to a Sanitary Sewer Construction Agreement between the City of Dubuque, Melissa N. Walen, and Edwards Family Realty Company, L.C., certain public improvements including sanitary sewer and appurtenances, were installed by Edwards Family Realty Company, L.C. across parts of Lot 1 and Lot 2 of Walen Acres and parts of Lot 2 and Lot 2-2 of Beverly Pines No. 2, in the City of Dubuque, Iowa; 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: Section 1. That the recommendation of the City Manager be approved and that said public improvements across parts of Lot 1 and Lot 2 of Walen Acres and parts of Lot 2 and Lot 2-2 of Beverly Pines No. 2, in the City of Dubuque, Iowa, be and the same are hereby accepted. Section 2. The City will own, operate, and maintain the pubic sewer improvements after the date of acceptance by the City Council. Passed, approved and adopted this 1st day of Junes 2020. Attest: Roy D. Buol, Mayor 21 4,, '45P -a-•• ' 1.• 1 ' • • • 1•C. •T. - • • f 1435, SANITARY SEWER CONSTRUCTION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MELISSA WALEN AND EDWARDS FAMILY REALTY COMPANY, L.C. This Sanitary Sewer Construction Agreement (Agreement) is made and entered into this ii '1 day of February 2020, by and between the City of Dubuque, Iowa, an Iowa municipal corporation (City), and Melissa N. Walen (Walen), and Edwards Family Realty Company, L.C. (Edwards) WHEREAS, Walen is the owner of the real estate legally described as Lot 1 and Lot 2 of Walen Acres in the City of Dubuque, Iowa, common address 776 Edwards Rd. (Walen Property); and WHEREAS, Edwards is the owner of the real estate legally described as Lot 2 of Beverly Pines No. 2, common address 777 Edwards Rd. in the City of Dubuque, Iowa (Edwards Property); and WHEREAS, City owns and maintains a public sanitary sewer, that lies within Lot 2-2 of Beverly Pines, in the City of Dubuque, Iowa; and WHEREAS, Walen and Edwards have requested the extension of the public sanitary sewer from Lot 2-2 of Beverly Pines through the Walen Property and Edwards Property to serve existing and future buildings thereon; and Whereas, Edwards and the City have prepared plans and specifications for the sanitary sewer extension project (Project); and WHEREAS, Edwards desires to construct the Project and will need to construct and carry out any other activities associated with the Project in accordance with City plans and specifications; and WHEREAS, Edwards wishes to dedicate the sanitary sewer utility extension improvements and any associated easements over Edwards Property, as required by the City, to the City; and WHEREAS, Walen wishes to dedicate any associated easements over Walen Property, as required by the City, to the City; and WHEREAS, City, Walen, and Edwards wish to share in the cost of the construction of the project and any additional easements necessary from any adjacent landowners. 02062020rnk NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. GENERAL CONDITIONS. 1.1 Edwards will begin work on the Project on or about March 1, 2020. The Project will be substantially completed by May 1, 2020. 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 City, Walen and Edwards. 1.3 Edwards is responsible and will pay for all initial costs related to the Project, including but not limited to construction costs. 1.4 Edwards will be responsible for the total actual construction cost of the total Project on attached Exhibit 1. Cost of the total Project is estimated at $42,519.66. Which includes $4,500.00 for rock if encountered. 1.5 Walen will pay for all costs associated with the installation of sanitary sewer from Section B to C as shown on attached Exhibit 1. Before the project commences Walen will pay Edwards $13,711.43 which includes the following items based on estimated quantities: A. 120 lineal feet of 8" PVC pipe at $75.92/LF (Section B to C) $9,111.43 B. Sanitary Sewer Manhole $2,600.00 (Location C) $2,600.00 C. Easement 1/3 of $1,500 (Section A to B) $ 500.00 D. Rock (16.67 Cubic Yard at $90.00 / cu yd. (Section B to C) $1,500.00 Total Estimated Cost $13,711.43 If any of the above items are more or less than the actual final costs, Walen will either be charged or refunded the difference by Edwards. 1.6 The City will pay Edwards $8,061.59 within 30 days of acceptance of the project by the City Council. The City agrees to pay 1/3 of the rock cost from Section A to B, shown on Exhibit 1. 1.7 City, Edwards and Walen agree to each pay for one-third of any required easement acquisitions from adjacent property owners (Section A to B). Total Easement costs are estimated at $1,500.00. 1.8 City reserves the right to collect any other connection charges from Section A to B of the project. 1.9 The City will charge Walen a monthly sanitary sewer fee based on water consumption once the project is accepted by City Council. 2 SECTION 2. PLANS AND PERMITS. 2.1 City will prepare final design plans, that meet current City standards, for the Project prior to commencing work. SECTION 3. INSPECTIONS AND ACCEPTANCE. 3.1 The City will inspect the Project throughout its implementation and at its completion to ensure compliance with the approved plans and specifications. If the project 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. There will be no additional cost for the inspection. SECTION 4. EASEMENT AND MAINTENANCE. 4.1 Edwards will grant to the City an easement dedicating sanitary sewer utility easement (20' width) over Edwards Property as shown on attached Exhibit 1. City will prepare all grant of easement and easement survey exhibits as necessary. Said easement shall be for access, construction and other activities associated with the sanitary sewer, including but not limited to the maintenance and repair of the sewers by the City. City will record Grant of Easement with County Recorder. City is responsible for all recording fees associated with easement. 4.2 Walen will grant to the City an easement dedicating sanitary sewer utility easement (20' width) and sanitary sewer access easement over Walen Property as shown on attached Exhibit 1. City will prepare all grants of easement and easement survey exhibits as necessary. Said easements shall be for access, construction, and other activities associated with the sanitary sewer, including but not limited to the maintenance and repair of the sewers by the City. City will record Grants of Easement with County Recorder. City is responsible for all recording fees associated with easements. 4.3 After Edwards and Walen have dedicated the proposed sewer improvements and 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 newly installed landscaping, paving and other improvements shall be the responsibility of the property owner or other. SECTION 5. INSURANCE AND INDEMNIFICATION. 3 5.1 Edwards 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 Edwards or any person, firm, or corporation providing services for Edwards in connection with the Project. 5.2 At all times during the Project, from commencement of work to acceptance by the City of the Project, any contractors or subcontractors hired by Edwards to perform work on the Project must comply with the insurance requirements set forth in the Insurance Schedule F, attached as Exhibit 2. SECTION 6. MISCELLANEOUS. 6.1 This Agreement may not be assigned without the prior written permission of the City. Such written approval will not be unreasonably withheld. 6.2 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. 6.3 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. 6.4 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. 6.5 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. 6.6 All Riders and Exhibits attached hereto form material parts of this Agreement. 4 7.7 All notices and correspondence related to this Agreement must be sent to the following: If to Edwards: If to Walen: If to City: Edwards Family Realty Company, L.C. 10671 Eagle Ridge Court Peosta, IA 52068 Melissa N. Walen 776 Edwards Drive Dubuque, IA 52003 City of Dubuque, Iowa Attention: Gus Psihoyos, City Engineer 50 West 13th Street Dubuque, Iowa 52001 CITY OF DUBUQUE, IOWA By: Gus Psihoyos City Engineer MELLISA N. WALEN r By: Q < .- ,.,:1 Melissa N. Walen EDWARDS FAMILY REALTY COMPANY, L.C. By: Robert B. Edwards 5 EXHIBIT 1 INITIAL SEWER CONSTRUCTION PLAN AND EASEMENTS 6 1043 0 EDWARDS PROPERTY / • • „I.,' •-,, • - / D .41 k • :KA • 4 Is)1 13/ • t • SAN. EASE. FROM EDWARDS • 1 • ADJACENT PROPERTY OWNER IF NECESSARY ti A . - • • • '•• SAN. EASE. FROM ;- 1•.••• • ;444 •'•,/ ' 1169 .1:4 A 44. . , -143 EXHIBIT la' EXISTING PUBLIC ". 1449 EXHIBIT 2 INSURANCE SCHEDULE F 7 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 May 2019 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors INSURANCE SCHEDULE F (continued) 1. Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee. The certificate must clearly indicate the project number, project name, or project description for which it is being provided Eg: Project # Project name: Edwards WahlenSanitary Sewer Construction Project or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate required shall be furnished to the Engineering Department of the City of Dubuque. 4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this contract. 5. Contractor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Contractor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Contractor. 6. All required endorsements 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. 9. Contractor shall be responsible for deductibles and self -insured retention. Page 2 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors May 2019 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors INSURANCE SCHEDULE F (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01 or business owners form BP 00 02 shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project(s) General Aggregate Limit" as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations). 6) The additional insured endorsement shall include completed operations under ISO form CG 20 37 during the project term and for a period of two years after the completion of the project. 7) Policy shall include Waiver of Right to Recover from Others endorsement. 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 Coverage B Statutory --State of Iowa Employers Liability Each Accident Each Employee -Disease Policy Limit -Disease $100,000 $100,000 $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. OR Nonelection of Workers' Compensation or Employers' Liability Coverage under Iowa Code sec. 87.22. Completed form must be attached. Page 3 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors May 2019 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 (General Liability, Automobile, Workers Compensation). 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 Tess than $500,000 must have umbrella/excess liability coverage of $1,000,000. All Class C contractors are not required to have umbrella/excess liability coverage. All contractors performing earth work must have a minimum of $3,000,000 umbrella regardless of the contract value. E) POLLUTION LIABILITY Coverage required: _ yes x 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 20 10. (Ongoing operations) or its equivalent and CG 20 37 (completed operations) or its equivalent. 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. Page 4 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors May 2019 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 X no Any contract for construction or demolition work on or within fifty feet (50') from the edge of the tracks of a railroad and affecting any railroad bridge, trestle, tracks, roadbeds, tunnel, underpass, or crossing, for which an easement, license or indemnification of the railroad is required, shall require evidence of the following additional coverages. Railroad Protective Liability: $ OR each occurrence (per limits required by Railroad) policy aggregate (per limits required by Railroad) An endorsement to the Commercial General Liability policy equal to ISO CG 24 17 (Contractual Liability -Railroads). A copy of this endorsement shall be attached to the certificate of insurance. Page 5 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors May 2019 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. SPECIMEN Page 6 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors May 2019