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Sanitary Sewer Improvements - Lot 1 of Sara S. and Edward R. Bartels Addition Copyrighted January 19, 2021 City of Dubuque Consent Items # 7. City Council Meeting ITEM TITLE: Acceptance of Sanitary Sewer Improvements across Part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, lowa SUM MARY: City Manager recommending acceptance of the public sanitary sewer improvements thatthe developer, Ichiban Realty, LLC, has recently completed across Part of Lot 1 of Sara S. and Edward R. Bartels Addition in the City of Dubuque, lowa. RESOLUTION Accepting Public Sanitary Sewer I mprovements across Part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, lowa SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Acceptance of Sanitary Sewer Improvements across City Manager Memo Bartels Property-MVM Memo Staff inemo Staff Memo Resolution Resolutions Signed Agreement Supporting Documentation Area Map Supporting Documentation Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e 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 Sanitary Sewer Improvements across Part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, lowa DATE: January 10, 2021 City Engineer Gus Psihoyos is recommending acceptance of the public sanitary sewer improvements that the developer, Ichiban Realty, LLC, has recently completed across Part of Lot 1 of Sara S. and Edward R. Bartels Addition in the City of Dubuque, lowa. Maintenance guarantees for said public improvements shall be provided by the owner, Ichiban Realty, LLC, for a period of two years from the date of acceptance by City Council. 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 Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Dubuque THE CITY OF � All�pmeeiea Ciq� DuB E v�T_ _ , �,� �,��, I I Maste iece on the Mississi i z°°'•Z°iZ�Z°13 � pp zoi�*zot9 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of Sanitary Sewer Improvements across Part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, lowa DATE: January 8, 2021 INTRODUCTION The enclosed material provides for City Council acceptance of the public improvements that the developer, Ichiban Realty, LLC, have recently completed across Part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, lowa. BACKGROUND The property owners are planning to make improvements to their restaurant property at 3187 University Avenue. The proposed improvements include a restaurant building (Ichiban Restaurant) expansion and parking lot expansion. A public sanitary sewer was recently relocated by the owners in order to accommodate the proposed parking lot expansion. 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 sewer construction agreement between the City and the property owner requires that owner grants a new utility easement over the revised sanitary sewer alignment area. The agreement also requires the City to vacate the old easement accordingly. 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 January 8, 2021, the owners requested City's acceptance of the improvements across Part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, lowa, in the City of Dubuque, lowa. 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, Ichiban Realty, LLC, 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 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, lowa. Prepared by Nate Kieffer, PLS, PE Prepared by: R. Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 9-21 ACCEPTING PUBLIC SANITARY SEWER IMPROVEMENTS ACROSS PART OF LOT 1 OF SARA S. AND EDWARD R. BARTELS ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Sanitary Sewer Construction Agreement dated October 22, 2020, a copy of which is attached hereto, certain public improvements including sanitary sewer and appurtenances, were installed by Ichiban Realty, LLC; 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 Part of Lot 1 of Sara S. and Edward R. Bartels Addition, 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, Ichiban Realty, LLC, for a period of two (2) years from the date of this resolution. Passed, approved and adopted this 19th Attest: Adrienne N. Breitfelder, City Clerk day of January 2021. - ' W, 6 �. /"j Roy D. Buol, Mayor SANITARY SEWER CONSTRUCTION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND ICHIBAN REALTY, LLC This Sanitary Sewer Construction Agreement (Agreement) is made and entered into this '�`3�day of October, 2020, by and between the City of Dubuque, lowa, an lowa municipal corporation (City), and Ichiban Realty LLC (Developer). WHEREAS, Developer is the owner of the real estate legally described as Lot 1 of Sara S. and Edward R. Bartels Addition, and Lot 1-1-2-1 of Sara S. and Edward R. Bartels Place at Center Grove in Mineral Lot 243, all in the City of Dubuque, lowa, (Property); and WHEREAS, City owns and maintains a public sanitary sewer thru the Property; and WHEREAS, said public sanitary sewer lies within a utility easement as dedicated and shown on the Plat of Survey of Sara S. and Edward R. Bartels Addition in the City of Dubuque, lowa; and WHEREAS, Developer is proposing to construct a parking lot expansion as part -, of the site plan improvements (Improvement) on the Property; and _ _Tl WHEREAS, the Improvement is 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 Improvement and allow for the future maintenance of the said public sanitary sewer (Project); and WHEREAS, City is requiring Developer to construct the new public sanitary sewer alignment and Developer 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. 10152020rnk 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 October of 2020. The Project will be substantially completed by December 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 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. 1.3 Except as detailed in Section 1.5 below, Developer is responsible and will pay for all costs related to the construction of the Project. There are no connection fees related to the Project. 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. "'�� 1.5 City will contribute—$6,000.00 to tfie cost of the construction of the- Project to `�` cover the cost of replacing an existing manhole on the abandoned portion of the sewer main. _ _ _ SECTION 2. PLANS AND PERMITS. 2.1 Developer must obtain and submit to the City copies of all applicable permits necessary for the Project prior to commencing work. 2.2 Developer must obtain all applicable permits and licenses required for working in the City right-of-way, if applicable. 2.3 Developer must submit to the City final design plans, that meet current City � standards, for the Project prior to commencing work. The City will review and approve such plans before work on the Project commences. If such plans are not approved, City will provide feedback regarding the modifications necessary for approval. I SECTION 3. BONDS. 3.1 Developer must obtain a construction bond or other suitable security for one �I hundred ten percent (110%) of the estimated total construction cost of the Project. �I 3.2 Developer must obtain a maintenance bond, letter of credit or other acceptable security for twenty-five percent (25%) of the estimated total construction cost of the 2 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. City will be responsible for all costs associated with inspection and testing. 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 over the Property 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 Easerreent document shall be in City — Stand�rd format. City will record Grant of Easement witfi County Recorder. Developer — is responsible for all recording fees associated with easement. 5.2 After Developer has dedicated the proposed easement 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 wiil facilitate the vacation of the existing easement and record the vacate documents with the 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 3 to, any liability or obligation of the City arising from any claim by Developer or any person, firm, or corporation providing services for Developer in connection with the Project. 6.2 At all times during the Project, from commencement of work to acceptance by the City of the Project, any contractors or subcontractors hired by Developer to perform work on the Project must comply with the insurance requirements set forth in the Insurance Schedule F, attached as Exhibit 2. SECTION 7. MISCELLANEOUS. 7.1 This Agreement may not be assigned without the prior written permission of the City. Such written approval will not be unreasonably withheld. 7.2 This Agreement represents the entire Agreement between the parties. There are no verbal additions to this Agreement, and all amendments, additions or changes to this Agreement must be in writing and agreed to by both parties. 7.3 All covenants, conditions, and provisions of this Agreement will inure to the benefit of and be binding upon the parties hereto and their respective successors, heirs and assigns. 7.4 This Agreement is governed by the laws of the state of lowa and venue for any a�tion 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 Property Owner and City acknowledge and agree that, in the event that Developer does not construct the Improvements, the sanitary sewer relocation Project is will not be required and this Agreement shall automatically become null and void. 4 7.8 All notices and correspondence related to this Agreement must be sent to the following: If to Developer: Yimei Chen Ichiban Realty LLC 5322 Irina Ct. Asbury, lA 52002 If to City: City of Dubuque, lowa Attention: Gus Psihoyos, City Engineer 50 West 13t" Street Dubuque, lowa 52001 CITY OF DUBUQUE, IOWA ICHIBAN REALTY, LLC �,�� ,�� \ -.^ , By. By: �-�'t�G Michael C. Van Milligen , resident City Manager T l ,,,n �� d-fJ� 5 EXHIBIT 1 INITIAL SEWER CONSTRUCTION PLAN AND EASEMENTS 6 _ w'+ \�\//1�1�I I�l��I �L-�SODA�S1NR301Z \�� CO �<!-f\ � I I� I��j�.-aua�s1.z�� m � -� � � I`—�ICrtsw�7e3.3o � � d. 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W G� q `, BOLLARDS � I � � / / �� W� ��o I �. --G�G )ccn S M TER' ° o ��S I Z �� / \� \� �N� O`-'C7 �0�,\ , � o o Q ��S�MH 01960 ��\ ��\ Q W / � l � � IM- 88.34 �xj N � i� 1 rW �27.19' / ',' �b \ � � I I 2 �H�LY/IN=778.97 �� \ � N w aY � o �19.85 I INV OUT=778.69 _` �y � m � � o Z FROM TAP TO MANHOLE � \�� W 3 I ,� � (. p�/� N� _ ^36rD00R 1�=805.48' � � � I / Z 3 �\ �� O O xo �n N � � ii W Z ¢mamzF a a�n Z�p � K�jIQ-�» z �' O a�y�2 Z � O �� w p �O � W —� \ O Q �N a �� PROPOSED � � Q � H \ GROUND z a (n— p � Z m Nx � x^ �n �in m�ull- Z Qz� � �'nm W ��O NN mQ \ Z3._NS�(n xrnp��00 (n �-'�O' \ mymm`�~ �+�nli�mFy w � � \ aaMizp aM°�°Z�w�w� 7g0 � JO� 00 ' � � a�nu�¢zz a�»ZxZ> m Qr7� EXISTING PROPOSED w N�Z Z o g O Z ' �_� GROUND _ GROUND 12"STORM INV=783.05 � 78.0 lF 8"SDR 26 PVC @ i,gp� 780 � � 8°x4°wrE � 3 INV=780.88 '�'I 226.3'TO DSMH 8"X4"WYE � Q Q INV=778.37 � � � 94.4'TO DSMH f� W �yJ c=i� � Q � m � 30+00 31 00 32 00 33 00 34+00 35 00� � U Q DWG.#20086-01 C3.15 EXHIBIT 2 INSURANCE SCHEDULE F I 7 � 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 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 Class B: 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 Class C: 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 September 2020 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 lowa Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee. The certificate must clearly indicate the project number, project name, or project description for which it is being provided Eg: Project# Project name: or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in 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 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 for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of insurance must include agents name, phone number, and email address. 11. The City of Dubuque reserves the right to require complete, certified copies of all required II insurance policies, including endorsements, required by this Schedule at any time. ' 12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the contract, subject to mutual agreement of the parties. Page 2 of 6 Schedule F, General,Artisan or Trade Contractors,Subcontractors or Sub Subcontractors September 2020 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 LimiY'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 S� EMPLOYERS LIABILITY Statutory Benefits covering all 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 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. i Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by lowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the lowa Page 3 of 6 Schedule F, General,Artisan or Trade Contractors,Subcontractors or Sub Subcontractors September 2020 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors, Subcontractors or Sub Subcontractors INSURANCE SCHEDULE F (continued) Workers' Compensation Insurance Commissioner, as required by lowa Code Section 87.22. Completed form must be attached. C) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non-owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non-owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. D) UMBRELLA/EXCESS LIABILITY The General Liability, Automobile Liability and Workers Compensation Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including Waiver of Subrogation and Primary and Non-contributory in favor of the City. All Class A contractors with contract values in excess of$10,000,000 must have umbrella/excess liability coverage of$10,000,000. All Class A and Class B contractors with contract values between $500,000 and $10,000,000 must have umbrella/excess liability coverage of$3,000,000. All Class A and B contractors with contract values less than $500,000 must have umbrella/excess liability coverage of$1,000,000. All Class C contractors are not required to have umbrella/excess liability coverage. All contractors performing earth work must have a minimum of$3,000,000 umbrella regardless of the contract value. E) POLLUTION LIABILITY Coverage required: _Yes _No Pollution liability coverage shall be required if project involves any pollution exposure for hazardous or contaminated materials including, but not limited to, the removal of lead, asbestos, or PCB's. Pollution product and complete operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. Page 4 of 6 Schedule F, General,Artisan or Trade Contractors, Subcontractors or Sub Subcontractors September 2020 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors INSURANCE SCHEDULE F (continued) 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. F) RAILROAD PROTECTIVE LIABILITY Coverage required: _Yes _No Any contract for construction or demolition work on or within fifty feet(50')from the edge of the tracks of a railroad and affecting any railroad bridge, trestle, tracks, roadbeds, tunnel, underpass, or crossing, for which an easement, license or indemnification of the railroad is required, shall require evidence of the following additional coverages. Railroad Protective Liability: $ each occurrence(per limits required by Railroad) $ policy aggregate(per limits required by Railroad) OR An endorsement to the Commercial General Liability policy equal to ISO CG 24 17 (Contractual Liability-Railroads). A copy of this endorsement shall be attached to the certificate of insurance. Page 5 of 6 Schedule F, General,Artisan or Trade Contractors, Subcontractors or Sub Subcontractors September 2020 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunitv. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any of the defenses of governmental immunity available 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 670.4 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 Immunitv. 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 Coverape. 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 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, lowa. No Other Chanqe in Policv. 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) Page 6 of 6 Schedule F, General,Artisan or Trade Contractors, Subcontractors or Sub Subcontractors September 2020 PERFORMANCE, PAYMENT AND MAINTENANCE SECURITY AGREEMENT BETWEEN ICHIBAN REALTY LLC AND THE CITY OF DUBUQUE, IOWA Ichiban Realty LLC (the "Owner") entered into the Sanitary Sewer Construction Agreement with the City of Dubuque (the "City"), dated the Znry day of OC"Tc�3� , 2020, (the "Agreement")wherein said Owner undertakes and agrees to construct the following project in accordance with the Contract Documents, and to faithfully perform all the terms and requirements of said Agreement within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. The Contract Documents for the Sanitary Sewer Construction Project detail the following described improvements: Work on this Contract includes sanitary sewer replacement and relocation. The Owner has delivered to the City a certified check as security (the "Security"), a copy of which is attached hereto, subject to the conditions set forth herein (the "Security Agreement"). It is expressly understood and agreed by the Owner that the following provisions are a part _ of the-�greement and are bindir�g upon said Owner, to-witr - �� _ 1. PERFORMANCE: The Owner shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Agreement and Contract Documents, by reference made a part hereof, for the project, and shall indemnify and save harmless the City from all outlay and expense incurred by the � City by reason of the Owner's default of failure to perForm as required. The Owner shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Owner hereby agreed to pay all just claims submitted by persons, � firms, subcontractors, and corporations furnishing materials for or perForming labor in the performance of the Agreement on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Owner or any subcontractor, wherein the same are not satisfied out of the portion of , the contract price the City is required to retain until completion of the improvement, but the Owner shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Owner hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the lowa Code, which by this reference is made a part hereof as though fully set out herein. io2i2o2oval Upon written notice by the City delivered to the Owner of a failure to perform or properly perForm a condition of the Agreement or this Security Agreement, unless the Owner corrects such defect with thirty days after receipt of such notice, the City shall have the right to cash the certified check and retain the entire amount thereof. In the event that any actions or proceedings are initiated regarding the Security, the parties agree that the venue thereof shall be Dubuque County, State of lowa. If legal action is required by the City to enforce the provisions of the Security or to collect the monetary obligation incurring to the benefit of the City, the Owner agrees to pay the City all outlay and expense incurred therefor by the City. All rights, powers, and remedies of the City hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the City, by law. NOW THEREFORE, the condition of the Security is such that if the Owner shall faithfully perform all the promises as set forth and provided in the Agreement, in the Contract Documents, and in this Security Agreement, the Security shall be returned to the Owner. CITY OF DUBUQUE, IOWA ICHIBAN REALTY LLC ,�� ,/�� -� C,��{;'�if��i ��' �-��, gv: Bv� ,�� ,! _�_ Michael C. Van Milligen �� City Nfanager - - -_� �L�C'`N'tG� ,�/r I I�l�� _� 7 E� d�� _ .. Printed N� me and T7 le _.o. - _.a. �)�,��,r 1 3 — �� I �I I �� _;��IERA� NOTES: � �� m m �� I I � � � I L�—�� 1. ALL CONSTRUCTION IS TO BE PER 2020 EDITION OF SUDAS ALONG WITH THE CITY OF DUBUQUE 2020 �;A � �� I � �I�——�� LCAS SUPPLEMENTAL SPECIFICATIONS. � � � Z \ _ � � � W � � �r? I � �C �� srs ce �� '� � �n `� � \ __ \ \ I / � 1\�\�� 'I � .. AVY UTILITY EXCAVATION, SIDEWALK OR DRIVEWAY WORK IN RIGHT OF WAY REQUIRES PERMIT FROM Q U � 20.00' PROP SAN, � � � ��`�� -2��.7g' ,�Z��P� ��8� �� ::I IY LNGINEERING, CALL 563.589.4270. � W SEWER EASEMENT �� i��D��ti=�� 0�� AP�� UBLIC PORTION OF DRIVEWAY SIDEWALK & APPROACH SHALL BE 8" PCC OVER 6" CRUSHED STONE � V � I �� A �� g'CS 12 � _. � ) C� � � � � � � �� Qv�� / � ��anh �� , � � � � �� S�S � / Q.�' ��j'� � � � � � �\� �,�4i� � / � � � �� 70MESTIC WATER SERVICE/FIRE PROTECTION SYSTEM ARE REQUIRED TO HAVE AN APPROVED CROSS (� O �� \ � � � � �� _— � � � � � ..'�VECTION CONTROL DEVICE INSTALLED PER UPC SECTION 603.2J. T1PE OF DEVICE WILL BE � N � � � ��.� � �'� `� �� , � ��Nh —_ . ; ,�,� � � �� ,, I -I 4MWED BY DEGREE OF HAZARD. UPON INSTALLATION A TEST REPORT BY A CERTIFIED BACKFLOW � O X SAN MH 0727 �� ` � -+-�_� �_ �� 3� i � � �� —�, __,'� P '�E`rIE��.T � � � -�BLY TESTER SHALLB E SUBMITTED TO THE CITY OF DUBUQUE WATER DEPARTMENT LOCATED AT 925 (� � RIM 80�.4� , � � � p -7- �-- _ I� �� -�__ _��—� � FRI'ER COURT, DUBUQUE, IOWA 52001 PRIOR TO OCCUPANCY OF THIS BUILDING. THE PRIMARY CONTACT � _ iNv our-�a3,�� ` � V � �, � � _ - � � � �A /1 � � � / / > �� ; �i � �� -j--- �_ � I—� ��\� / � / C�•�ON FOR THE CITY OF DUBUQUE IS CARL PLUMLEY, 563.589.4304. w N 1 � - - ��-1 A�� 20.00' PROP. SAN �c�P � O� �, � � �� ! � �� SEWER EASEMENT �I( I �I�I ` � � � ALL EXTERIOR LIGHTING SHALL HAVE 7Y CUTOFF LUMINARIES- LIGHTING SHALL HAVE 1 FOOT CANDLE � �� '� � .�V � � I �9•�� V �� - �� / � 'ROPERTY LINE AND RIGHT OF WAY I _y�' V AA _� , � � w V _z E- E �E'.I NT�� y`�� OPSOIL SHALL BE STOCKPILED FOR USE W FINAL GRADING- TOPSOIL SHALL BE PRESERVED AND - �� / L�FREAD IN ALL AREAS NOT COVERED BY BUILDMG, CONCRETE, ASPHALT, GRAVEL OR OTHER SUCH � O O a � ' �� _ � � ��v�� - R2.00' � -�--r�- �� /� -E�in�. c� N c� .�i � � ��.N i � � � � , � _�� a��bF�24.o0' I � � � �� / �e- � / w O O O � � � I \ � � / . aLL DISTURBED AREAS NOT BEING RE-DISTURBED FOR 21 DAYS MUST BE STABILIZED WITH � " ' ' � � - � � , , � --- �� ;� �� I �� FVI'ORARY OR PERMANENT MEASURES WITHIN 14 DAYS. Q � � � ENCLOSURE SEE �I � \ � � � � � �� / � � � � �'� � � / � / Q� / � r'� N TRASH �� i �` � SE�R = b'CGETATION IS TO BE PRESERVED IN ALL AREAS OUTSIDE OF THE GRADMG LIMITS. ' � � � � � � �� PROP SAN �� / � �' / � O 10' 20' 40• � � o� �_ _ �� / 20 00 ARCHITECT�U�R�� g�Q _ � SI EASEMENT �� s� ��H 01961 _ � O O $` \ �LET PROTECTION TO BE USED ON ALL INLETS DURING CONSTRUCTION_ � ��cJ ------_ � „ . � � � , � = 10. TOPSOIL SHALL BE STRIPPED AND STOCKPILED AND RESPREAD NEAR PROJECT COMPLETION_ �ti:� , _ _ \�� _r / �� 8�. 3 1" 20' (22"x34") � s �'� _ � �� i i � ��58 0 � � ��,� � � �� 00 � _ _ 11. SITE SHALL BE FINAL SEEDED AND MULCHED AT COMPLETION OF CONSTRUCTION. � � �� ` � e o - c ts 1» _ 40' (11"x17") � � F� - � _-��'y �� i xi�i SnN / 5 � � �, � �O- L ,� �� y,�� I � '� I `�.NI A- � � �� I- ANY NEW CONNECTIONS TO THE PUBLIC SANITARY SEWER SYSTEM SHALL BE MSPECTED BY THE CITY � � - � � �,�p � � �� '� ��ll�"� �� '�� C= DUBUQUE BUILDING SERVICE DEPARTMENT AND/OR ENGWEERING DEPARTMENT, PLEASE CALL � w w � \ C�. F y � �y� �� \ �/ -P � � �� l I 71NG SERVICE DEPARTMENT'S JASON MOURING ON 563-589-4150 OR CITY ENGINEERING ON _ 5 � � � � � �?F �� ," � 1 ��A � / �� F�,,-589-4270 WITHIN 48 HOURS OF CONNECTION TO ARRANGE FOR INSPECTION. �� m�� \ � �� ? � I � CTL I C�\ 24.00�� ' ��4/y�� c� / / �� 1�. MARK OR SET PROPERTY MONUMENTS CONTROLLING CONSTRUCTION AND MAINTAIN THROUGHOUT �H � ��° � �'� r� �� \ � 67 �� - _ � / � / / � •vslRucrioN PERio�. Q � �,�_' G— � ° ' � Ro�rioe RncK �,�,� / / � W __�-- 9 ` e r. �� \�� U � G� q � / CGAL DESCRIPTION: PIN�. 1027326001 WO �r�� i /p� G- �_ ��XF A� b' I I�'. o o � � I FOR�MIN.BICYCLES �g � � �� \ �- GU ��` � � � ��\�X SAN MH 01960 LOT 1-1-2-1 SARA S AND EDWARD R BARTELS PLACE AT CENTER GROVE AND �� o u�� . � . C� IM=7I88-34 PIN_ 1027177006 Q w cj I � �INy/IN=778-97 w z R20.00�� I I Z LOT 1 OF SARA S AND EDWARD R BARTELS ADDITION N I � �� '� I INV OUT=77S.69 BOTH IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA � N � � w w J � �� .84' � � � m Q��k,� - � �' �r<or-�r<T� owv-�: � � I� I� Q�J � / � I � IC�P.AN REALTY, LLC w � wl � �� i -, I ,' I � S1S/ UNIVERSITY AVE �� ' � �� UIL I�N ` ��ns� c c ouE, ia szoo� / 1 i � .�6:�.8a5-0698 �� s.zs�� DD T�O TEPs CO � ,19.16� ��.86,��' / � I SEEARCH.PLANS � .T �RC�: I� ' 20.78� � � FOR DETAILS � w0�,/� � _ / � � FFE 80�50 � N hX:I�G � �1 � � / (MATC E IS �� "CS.S63 S� = 242 AC TOTAL � ��, � 3 Z i� �� I � � � 5,693 SF BUILDINGS(3.59 COVERAGE) �� J � 79,902 SF DRIVE WALKS � �' � � _. / (28-4%DRNES) TOTAL IMPERVIOUS- 31_9% �W � � � �j� 4A0 � /',773 SF GREEN (68.19 PERVIOUS) � O � f��F� �d� �� . / / ��.,.r� \ � � , �i�� 16.42': !-n � �s,s��s s = 2.a2 aC rora� � o r%� �� RAILING � SW % �� _�-�Fj�� 6,203 SF BUILDINGS(5.99 COVERAGE) U W � � � S�ARCH.PLANS¢' _� � �- _ -� SW � 76,896 SF DRNE�WALKS (25.59 DRNES) TOTAL IMPERVIOUS- 31_4% W 0 �� FOR DETAILS / � �� I W \ , �� — — 2,269 SF GREEN ( .69 PERVIO ) � � J �Z ' � _ � "_ � C� � / 68 US � Q �N °2�7e' �sic�� 61.13' — � 45'01"W 103.30 � � ,r, 20.44'- �— 585� e—E_ /A ��j �� _/� � � 1�gZ' � - i r,isi�hr_�-r, aRea- 36,om sF = o.a2 nc � � �Q � � � PP W�� GREEN� I ' 'GREEN i � S � ,0[� � F' /� II �jP�J�45 �� 12.1 � � O� y_ � �E� ELOCATE R_f'.,=-� �UASTRUCTION SCHEDULE Z - :, �_�� 6.95' EXISTWG E�-G V CONSTRUCTION�. AUGUST, 2020 � m Q� �0 PED [ II � � E _. UTILITIES .JM�_ETE CONSTRUCTION:NOVEMBER 2Q 2020 �j I � GRASS ,� / � � �� ' � sw w � � N77°14' '�/ 6.6� --- ,�,��'�F$�+1 - � �,<krn n�> >ROPoseo zoNiNc- o m r - � '-'�o scn� � � �o� gyy —=�r- SW �Fyw �� ___ __ -- C3 - GENERAL COMMERCIAL m Q i„�� H WSB �� — � ' ` GAS 6"BH= � � .A�DSCAoT�G RFC�U�REMENTS W W—W W W W W—W—W G�� iOVIC- 4 TREES AND 6 SHRUBS PER CITY OF DUBUQUE UNIFIED DEVELOPMENT CODE �G G—G—G—G—G--G--G--v—�—� 7EQUIRED PERMEABLE AREA: 20%OF 2Q940 SF = 5,988 SF UNIVERSITY AVE PATCHSTREETASNECESSARYFOR �,988 SF / 1,600 = 4 DECIDUOUS TREES SHALL BE MINIMUM OF 1 � WCH CALIPER ATER SERVICE REMOVAL _ � MATCH EXISTING PAVEMENT/STONE TVPE � � AT 6"ABOVE BASE ANDTHICKNESS _ � *CONIFEROUS TREES SHALL BE A MINIMUM HEIGHT OF 6 FEET � � "T<CC 3�QUIREMENT IS OFFSET BY EXISTMG TREES ON NORTH SLOPE TO REMAIN W Q J 5,988 �1,000 = 6 SHRUBS � � � Q SHRUBS SHALL BE AT LEAST 18 INCHES HIGH OR IN A MINIMUM OF 3 GALLON POT � 3 LANDSCAPING PLAN TO BE PROVIDED BY OTHERS � � � � O � � PARKING REQUIREMENTS �I REQUIRED'. W � RESTAURANT SEATS: 155 I � @ 1 STALL PER 4 SEATS= 39 STALLS REQUIRED � � Q � STORMWATER BMPs EMPLOYEES ON MAXIMUM SHIFLIO m � 1) PRESERVE EXISTING TREES �1 STALL PER EMPLOYEE = 10 STALLS REQUIRED � � 2) INSTALL A SNOUT BMP IN NORTH WLET TOTAL REQUIRED STALLS- 49 � � � PROVIDED�. — 3 ADA STALLS 55 sro srn��s �WG.#20086-01 58 TOTAL C�.00