Grant of Easement to T.S.D. Building Partnership, L.L.P._Initiate Copyrig hted
March 15, 2021
City of Dubuque Items to be set for Public Hearing # 1.
City Council Meeting
ITEM TITLE: Grantof Easementto T.S.D. Building Partnership, L.L.P.
SUM MARY: City Manager recommending the City Council set a public hearing for
April 5, 2021 for the granting of a private embankment easement across
City-owned property along the Northwest Arterial as part of the Grand
River Medical Group site development project on Westmark Drive.
RESOLUT ION I ntent to dispose of City interest by Grant of
Embankment Easement to T.S.D. Building Partnership, L.L.P. across
Part of Lot 1 of Westmark, City of Dubuque, lowa
SUGGESTED Receive and File; Adopt Resolution(s), Set Public Hearing forApril 5,
DISPOSITION: 2021Suggested Disposition:
ATTACHMENTS:
Description Type
T.S.D. Building Partnership Grant of Easement-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Resolution Resolutions
Notice of Hearing Supporting Documentation
Easement Supporting Documentation
Area Map Supporting Documentation
Dubuque
THE CITY OF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Grant of Easement to T.S.D. Building Partnership, L.L.P.
DATE: March 8, 2021
T.S.D. Building Partnership, L.L.P. (Grand River Medical Group) is proposing to develop
the vacant property in Westmark Subdivision at the southwest corner of the intersection
of the Northwest Arterial and Pennsylvania Avenue. The site will be accessed off of
Westmark Drive. The development plans include a new three-story clinic building and
parking lot for the Grand River Medical Group's Family Medicine Clinic.
City Engineer Gus Psihoyos recommends the City Council set a public hearing for
April 5 for the granting of a private embankment easement across City-owned property
along the Northwest Arterial as part of the Grand River Medical Group site development
project on Westmark Drive.
City Engineering has determined that the proposed embankment easement area is not
needed for any current or future plans for the Northwest Arterial and is recommending
approval of the easement request.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Dubuque
THE CITY OF �
All•pmeriea Cit�
D V a../ L w��wni,n �.
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Ml�ste iece on the MisSiSsi i zoo�•zoiz=zois
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Grant of Easement to T.S.D. Building Partnership, L.L.P.
DATE: March 4, 2021
INTRODUCTION
This is in response to a request from T.S.D. Building Partnership, L.L.P. for the granting
of private embankment easement across City owned property along the Northwest
Arterial as part of the Grand River Medical Group site development project on
Westmark Drive.
DISCUSSION
T.S.D. Building Partnership, L.L.P. (Grand River Medical Group) is proposing to develop
the vacant property in Westmark Subdivision at the southwest corner of the intersection
of the Northwest Arterial and Pennsylvania Avenue. The site will be accessed off of
Westmark Drive. The development plans include a new three-story clinic building and
parking lot for the Grand River Medical Group's Family Medicine Clinic. The easement
area is proposed to be utilized by the property owner for an earthen embankment which
provides lateral support to the proposed parking lot. The property owner will be
responsible for all maintenance associated with parking lot embankment and turf in the
easement area. The City is reserving the right to install underground utilities in the
easement area.
The attached exhibits show the City owned property and the proposed private
easement. The developer has submitted construction plans for the improvements and
associated work on the City owned property. City Engineering has reviewed and
approved the drawings.
City Engineering has determined that the proposed embankment easement area is not
needed for any current or future plans for the Northwest Arterial and is recommending
approval of the easement request.
RECOMMENDATION
I would recommend that the "Grant of Embankment Easement" for the private parking
lot embankment over the City owned property along the Northwest Arterial be forwarded
to City Council to be set for public hearing.
ACTION REQUESTED
The attached resolution should be submitted to the City Council for consideration and to
set a public hearing on April 5, 2021 for the granting of an embankment easement to
T.S.D. Building Partnership, L.L.P. for a private parking lot embankment over City
owned property along the Northwest Arterial.
Prepared by Nate Kieffer, PLS, PE
cc: Bob Schiesl, Assistant City Engineer
2
Prepared by Nate Kieffer, City of Dubuque Engineering, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4100
RESOLUTION NO. 74-21
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF
EMBANKMENT EASEMENT TO T.S.D. BUILDING PARTNERSHIP, L.L.P. ACROSS
PART OF LOT 1 OF WESTMARK, CITY OF DUBUQUE, IOWA
Whereas, T.S.D. Building Partnership, L.L.P. has requested a "Grant of
Embankment Easement" across Part of Lot 1 of Westmark, City of Dubuque, Iowa, for a
private parking lot embankment; and
Whereas, Buesing and Associates Inc. has prepared and submitted to the City
Council an exhibit showing the easement area for the proposed private parking lot
embankment across Part of Lot 1 of Westmark, City of Dubuque, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to grant an embankment easement
to T.S.D. Building Partnership L.L.P. across Part of Lot 1 of Westmark, City of Dubuque,
Iowa, as shown on the attached Exhibit A.
Section 2. That a public hearing on the intent to dispose of City interest by Grant
of Embankment Easement to T.S.D. Building Partnership L.L.P. across Part of Lot 1 of
Westmark, City of Dubuque, Iowa, is hereby set for the 5th day of April 2021, at the Historic
Federal Building (and/or by virtual means), 350 W. 6th Street, Dubuque, Iowa, beginning
at 6:30 p.m., and the City Clerk be and is hereby authorized and directed to cause a
notice of public hearing on the intent to dispose of said interest to be published in the
manner as prescribed by law.
Passed, approved and adopted this 15th day of March 2021.
Roy D. B , Mayor
Attest:
l" §M*4 -
Adrienne N. Breitfelder, City Clerk
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, lowa will
hold a public hearing on the 5t" day of April 2021 at 6:30 p.m. virtually at which meeting
the City Council proposes to grant a private embankment easement over the following
described real property to T.S.D. Building Partnership, L.L.P:
Lot 1 of Westmark, in the City of Dubuque
Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through
GoToMeeting. The official agenda will be posted on April 2, 2021 and will contain
listening, viewing, and public input options. The City Council agenda can be accessed at
https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's
Office at 563-589-4100, ctyclerk cityofdubuque.orq.
Copies of supporting documents for the public hearing are on file in the City Clerk's Office,
City Hall, 50 W. 13t" St., Dubuque, lowa. To comply with social distancing mandates,
documents can be viewed at https://www.cityofdubuque.orq/Aqendas or by contacting the
City Clerk's Office at 563-589-4100.
Written comments regarding the above public hearing should be submitted to the City
Clerk's Office, 50 W. 13t" St., Dubuque, IA 52001, ctyclerk _cityofdubuque.org, on or
before said time of public hearing. At said time of public hearing all interested citizens and
parties will be given an opportunity to submit online written comments for or against said
proposal.
Individuals with limited English proficiency, vision, hearing or speech impairments or
requiring special assistance should contact the City Clerk's Office at (563) 589-4100,
TDD/TTY (563) 690-6678, ctyclerk _cityofdubuque.orq as soon as feasible. Deaf or hard-
of-hearing individuals can use Relay lowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the 15t" day of March 2021.
Adrienne N. Breitfelder, City Clerk
Prepared by: Nate Kieffer 50 W. 13'h Street Dubuque lowa 52001 (563-589-4270)
Return to: Nate Kieffer 50 W. 13'" Street Dubuque lowa 52001 (563-589-4270)
GRANT OF EMBANKMENT EASEMENT
For and in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged, the City of
Dubuque (°Grantor"), of Dubuque County, State of lowa, does hereby grant, sell and
convey to T.S.D. Building Partnership, L.L.P. ("Grantee"), its lessees, licensees,
successors and assigns, from the date hereof, an easement through, under and
across the following described real estate situated in Dubuque, lowa, to wit:
PART OF LOT 1 OF WESTMARK, IN THE CITY OF DUBUQUE,
IOWA, AS SHOWN ON THE ATTACHED EASEMENT EXHIBIT A.
Said easement shall be as shown on the attached Easement Exhibit A, for the
purpose of constructing and maintaining an earthen parking lot embankment for
lateral support as shown in the approved Site Plan on file with the City Engineer (the
Improvements), along with the right, privilege and authority to survey, inspect,
construct, reconstruct, alter, maintain, repair, replace, patrol and remove said
Improvements. Said easement shall also include the right to cut, trim or remove trees,
bushes and roots as may be required incident to rights given herein. Along with the
right to occupy the temporary grading easement area(s) as shown on the attached
Easement Exhibit A until the completion of the project Improvements.
Grantee is solely responsible for the maintenance of the Improvements in the
easement area and shall keep the area in an orderly fashion, including turf
maintenance and mowing. Grantee, its successors and assigns, agrees to pay for
any damage caused to the land, fences, or other personal property of Grantor from
the construction or maintenance of said Improvements.
The City reserves unto itself the perpetual right for the purpose of erecting, installing,
03032021rnk
constructing, reconstructing, maintaining, owning, operating and repair of storm and
sanitary sewers, watermain, gas, telephone, television, fiber optics cable, and
electrical lines above or below said private Improvements as such utilities would not
interfere with the existence and maintenance of the private Improvements.
Indemnification. Grantee shall defend, indemnify and hold harmless Grantor, its
officers, agents and employees from and against any claim and cost of any kind,
including without limitation, attorneys' fees and consulting fees, arising out any
surveying, inspection, construction, reconstruction, alteration, replacement,
maintenance, repair, patrol or removal of said Improvements. This obligation shall
survive the termination of this Grant of Embankment Easement.
Insurance. Grantee shall provide insurance as set forth in the attached Insurance
Schedule during surveying, inspection, construction, reconstruction, alteration
replacement, maintenance, repair, patrol or removal of said Improvements.
To have and to hold unto the said Grantee forever, and the undersigned does hereby
expressly covenant that Grantor is the owner in fee of said real estate and has good
right to execute this Grant of Embankment Easement.
Dated at Dubuque, lowa this day of , 2021.
[SIGNATURE PAGES TO FOLLOW]
2
CITY OF DUBUQUE
By:
Roy Buol, Mayor
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this day of , 2021 before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared Roy Buol, Mayor of
the City of Dubuque, who executed the within and foregoing instrument and
acknowledged that he executed the same as his voluntary act and deed on behalf of
the Grantor.
Notary Public In and For Said State
3
ACCEPTANCE OFEASEMENT
T.S.D. Building Partnership, L.L.P. accepts the terms and conditions of the Grant of
Easement.
T.S.D. Building Partnership, L.L.P.
- -- -
�— ��_ --- ----
By: ( ��v»e' ,�:��
Ro d A. Iverson,Aut uzed Partner
NOTARY PUBLIC
STATE OF IOWA )
) SS.
COUNTY OF DUBUQUE )
On this �� day of mOJ(Ch , 2021, before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared Ronald A. Iverson,
Partner, who executed the within and foregoing instrument and acknowledged that
he/she executed the same as his/her voluntary act and deed on behalf of T.S.D.
Building Partnership, L.L.P.
_ (��x� goGhRxu3t.ea�
N ary Public In and For Said State
„� � JEMNiFER BOCKENSTEDT
x k" Commission Number 777934
'� • �Y 'Commiss'Z Expke�
4
EXHIBIT A
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5
INDEX LEGEND
EXHIBIT "A" `°�°°° `°"�""`�'�"
NE V6 of Secfion 29,T89N,R2E o(I�e SN P.M.,Oubuque County,lowa
Requestoc CM1nSWOhe�D.KrOtl-CM1nslopher KiJtl anG Assoclales,lLC
Plat of Embankment Easement P��a�e�o= CiryatDubpue
50 wes113N SL,ou�uque.IA 5400t
(�C�'�SS. Surveyor TertyL.Kcelker
a Company: Buesing BAssaciates,Inc.
L�l � of Westmark� 1T12LawstSL.DuOuque,lA52001
In yhe C�t �f �ubu(�Ve� ��WQ ReNmTo' tlkcetket�buesing.cam (563)5564389
� Y `1 P4EPnBEO 3`� 211E51NC k BSSCC:AIES nCORESS�. t312 LOCUSi 5�"RE[1,
oaeuoue, iown anorve: (sa3) sse—<�ee
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m 25.0' �
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IN BT3V'S9' E ��'
30.00' i I�
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1
� GRA�ING EASEMENT
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�or � or wes:n+nR;c no_ 3 � rl YJESTMARK }
DOC. NO_ ?�21-3559 � �� � 3�
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�0.00� x 205_OC' Embonl<men: Easement:
1
Commencing o; the SE comer of Lot i o( ri'estmark No. 3;
io=_nre N v?'25�C1" W olong the East 'inz cl �ot i oY Westmark No. 3, a tlistance of SO.CO
feet co thr Point 0( Oeginning (aiso beinq a polnt an the Wesi linz of Lot t o: Westmork)�,
ihence N C2'25'ut" 'N (This is an ossumed Ceonnq for the purposes of tnis' survey onlyj
alonq the West line of Lot 1 oi YJas[mark, o dlstonce of 205.00 `eet;
Th:oce N 873a'S9" E a distonce of 3(� feet: ___,LEG_No
� (u«iess asMix�g o=cow cu�aa,a
..ence S C2'25'Cl" E a dstonce of 205.W feep � ro�»o s/a-aw win[o cw yizsa�
------- c�sE.�a.u,.c
'.�_n,.e 5 8�'�h'S9" W o dislar.ce of 30.00 feet [o fna Aainl Of Bxginning. ROW — oaoN[anuxe
a�cx*or w.r in..
NOTES —*c.—"cc— i:Ma�uivcx�ncEnscac��-�mE
t ) eamr�wue,uvox
�as�a�..i.r..s�.ec.ry r�c�<.vo a�awxs n.ca,cr vco „iur cr ecc�+�H;.
_TMis���.r�s meacr io>c=.sevevs or ecccvo,wo xo.w aecrna
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�b.(l•� ¢` lC i �C 8] 5 vE �4IE. / /3`./ �'0 J J L.�3/�]/�4��
�„� • •��•�� sace�s co�own�oarE s ocr�x a�.mn orm. o zom o or c . =+o'—
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%� a.TM�s sE._ s�-E,, SHEET 1 OF 1
INSURANCE SCHEDULE
6
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 Watermain
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 May 2019
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontrectors
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. BesYs 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.
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 Trede 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 LimiY' 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 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.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
Nonelection of Workers' Compensation or Employers' Liability Coverage under lowa
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 Generel, 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 umbrellalexcess 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.
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 Subcontrectors
INSURANCE SCHEDULE F (continued)
F) RAILROAD PROTECTIVE LIABILITY
Coveragerequired: _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 May 2019
City of Dubuque Insurance Requirements for General, Artisan or Trede 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 Coveraae. 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 competentjurisdiction 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.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 6 of 6 Schedule F, General,Artisan or Trade Contractors, Subcontractors or Sub Subcontractors May 2019
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� w GRMG—WESTMARK DR CHRISTOPHER D. KIDD - CKA ENGINEERS AND SURVEYORS 0�.27.202� CHECKED BY:
N48W 16550 LISBON RD �z�z �ocusr sr, oueuQUE, ia
� MEDICAL OFFICE BUILD MENOMONEE FA��s, wi 5305� �563> 556-4389 0�.29.2021 P�N
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