Applewood IV, LLC - Storm Sewer Construction Agreement Copyright 2014
City of Dubuque Consent Items # 17.
ITEM TITLE: Applewood IV, LLC -Storm Sewer Construction
Agreement
SUMMARY: City Manager recommending approval of an agreement
whereby Applewood IV, LLC would construct a public
storm sewer extension from the intersection of JFK Road
and Pennsylvania Avenue to the property at 3275
Pennsylvania.
RESOLUTION Approving a Storm Sewer Construction
Agreement between the City of Dubuque, Iowa and
Applewood IV, LLC
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Applewood IV Storm Sewer E#ension-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Staff Memo
Construction Agreement Supporting Documentation
Area Map Supporting Documentation
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Pennsylvania Avenue Public Storm Sewer Extension & Storm Sewer
Construction Agreement —Applewood IV, LLC Development at 3275
Pennsylvania
DATE: December 27, 2016
City Engineer Gus Psihoyos recommends City Council approval of an agreement
whereby Applewood IV, LLC would construct a public storm sewer extension from the
intersection of JFK Road and Pennsylvania Avenue to the property at 3275
Pennsylvania. The City of Dubuque would own and maintain said storm sewer
extension after the project has been completed, inspected and accepted by the City
Council.
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
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF ,� � Dubuque
A�-AmertcaCiry
ti 1
Masterpiece on the Mississippi 2007•2012•20.13
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Pennsylvania Avenue Public Storm Sewer Extension &
Storm Sewer Construction Agreement — Applewood IV LLC Development
at 3275 Pennsylvania
DATE: December 21, 2016
INTRODUCTION
The purpose of this memorandum is to request City Council approval of an agreement
whereby Applewood IV, LLC would construct a public storm sewer extension from the
intersection of JFK Road and Pennsylvania Avenue to the property at 3275
Pennsylvania. The City of Dubuque would own and maintain said storm sewer
extension after the project has been completed, inspected and accepted by the City
Council
BACKGROUND
As part of their site storm water management design, Applewood IV, LLC is proposing
to construct a public storm sewer extension in the Pennsylvania Avenue right of way to
serve the new Applewood senior living site at 3275 Pennsylvania Avenue in Dubuque
(Lot 2 of Lange Estate) and provide improved surface drainage for the existing
Pennsylvania Avenue roadway. The proposed storm sewer extension conceptual plan
is attached.
DISCUSSION
In working with Applewood, City staff has prepared a development agreement for the
construction of the storm sewer extension by the property owner and that, once
constructed and inspected, the City will own and maintain the utility as a public storm
sewer. The agreement with the property owner requires the owner to design, construct,
and conduct any testing required for the utility and submit all appropriate securities and
insurance. The design and construction of the utility would be to the most current City
Standards. The agreement will require the City to inspect the utility construction and to
own and maintain the utility after it is accepted by City Council. The public storm sewer
utility will then be available to service the Applewood site. A copy of the agreement
executed by Applewood is attached.
RECOMMENDATION
I recommend that the City approve the Storm Sewer Construction Agreement allowing
Applewood IV, LLC to construct a public storm sewer extension from the intersection of
JFK Road and Pennsylvania Avenue to the property at 3275 Pennsylvania per the
terms of the attached Agreement.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution approving the Storm Sewer
Construction Agreement and authorizing the City Manager to execute said agreement.
Attach.
cc: Denise Ihrig, Environmental Engineer
Nate Kieffer, PLS
RESOLUTION NO. 9-17
APPROVING A STORM SEWER CONSTRUCTION AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA AND APPLEWOOD IV, LLC
WHEREAS, the City of Dubuque is party to a Storm Sewer Construction
Agreement with Applewood IV, LLC, whereby Applewood IV, LLC would construct a public
storm sewer extension from the intersection of John F. Kennedy Road and Pennsylvania
Avenue to the property at 3275 Pennsylvania; and
WHEREAS, the City of Dubuque would own and maintain said storm sewer
extension after the project has been completed, inspected and accepted by the City
Council; and
WHEREAS, Applewood IV, LLC, has executed the Storm Sewer Construction
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Storm Sewer Construction Agreement attached hereto is hereby
approved.
Section 2. The City Manager is authorized and directed to execute the Storm
Sewer Construction Agreement on behalf of the City of Dubuque
Passed, approved, and adopted this 3rd day of Janug4y, 2017.
Attest:
Trish L. Gleason, Assistant City Clerk
x,/
Roy D. 'ol, Mayor
STORM SEWER CONSTRUCTION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
APPLEWOOD IV, LLC
This Storm Sewer Construction Agreement (the Agreement), dated for reference
purposes the 22 day of December, 2016, is made and entered into by and between the
City of Dubuque, Iowa, an Iowa municipal corporation (City), and Applewood IV LLC, a
Wisconsin limited liability company (Developer).
WHEREAS, Developer is the owner of the real estate legally described as Lot 2
of Lange Estate in the City of Dubuque, Iowa, located at common address 3275
Pennsylvania Avenue (the Site), as shown on the attached Location Map, Exhibit 1; and
WHEREAS, Developer desires to construct and provide storm sewer (the Storm
Sewer) to the Site (the Project), as shown on the attached Location Map, Exhibit 1, and
will need to construct and carry out all 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
Storm Sewer and an easement, the approximate location of said easement as shown
on the attached Location Map, Exhibit 1 (the Easement), across part of the Site to City.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
SECTION 1. GENERAL CONDITIONS.
1.1 Developer will begin work on the Project in December, 2016. The Project will be
substantially completed by June 1, 2017. A preliminary plan for the Project is attached
as Exhibit 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, and Developer has submitted insurance as required by Insurance
Schedule A, attached as Exhibit 3.
1.2 Developer is responsible and will pay for all costs related to the Project, including
but not limited to, construction costs, construction staking, and connection fees.
Developer is responsible for testing of the proposed backfill materials including running
proctor tests on all backfill materials and performing nuclear density tests on backfill
over storm sewer pipe at regular intervals.
1.3 Developer agrees to dedicate to City the Storm Sewer and Easement shown on
the attached Location Exhibit, Exhibit 1. Developer is responsible and will pay for all
4827-4340-9981.3
costs related to the preparation of the Grant of Easement for the Easement and in a
form acceptable to City. The approved form of Easement is attached hereto as Exhibit
4.
SECTION 2. PLANS AND PERMITS.
2.1 Developer must obtain and submit to 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.
SECTION 3. INTENTIONALLY OMITTED.
SECTION 4. INSPECTIONS AND ACCEPTANCE.
4.1 City will inspect the Project throughout construction and at its completion to
ensure compliance with the approved plans and specifications.
4.2 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 submitted
to the City Council for approval.
SECTION 5. MAINTENANCE.
5.1 After Developer has dedicated the Easement to City, and the Storm Sewer has
been completed, inspected and accepted by the City Council, City will be responsible
for the maintenance and repair of the Storm Sewer from the date of City Council
acceptance in accordance with the terms of the Grant of Easement. City shall be
responsible for site restoration following any future work on the Storm Sewer, but only
for disturbed driveway/access pavements, curb and gutter, and turf and grass areas.
Restoration of all other landscaping and improvements shall be the responsibility of the
property owner or other.
SECTION 6. INSURANCE AND INDEMNIFICATION.
6.1 During the term of this Agreement, Developer agrees to hold harmless and
indemnify City, its officers, agents and employees, from and against any and all claims,
actions, demands, losses, liabilities or legal expenses for injury to any person or
damage to any property arising out of or related to the Project. Indemnification
includes, but is not limited to, any liability or obligation of City arising out of or related to
any claim by Developer or any person, firm, or corporation in connection with the
Project. Developer's indemnity shall not extend to claims, actions, demands, losses,
liabilities or legal expenses for injury to persons or damage to property caused by City's
gross negligence or willful misconduct.
2
4827-4340-9981.3
6.2 At all times during the Project, from commencement of the work to acceptance by
the City Council 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 A, attached as Exhibit 3.
SECTION 7. MISCELLANEOUS.
7.1 This Agreement may not be assigned without the prior written consent of City,
which consent will not be unreasonably withheld.
7.2 This Agreement represents the entire Agreement between the parties. There are
no verbal additions to this Agreement, and all amendments, additions or changes to this
Agreement must be in writing and agreed to by both parties.
7.3 All covenants, conditions, and provisions of this Agreement will inure to the
benefit of and be binding upon the parties hereto and their respective successors, heirs
and assigns.
7.4 This Agreement is governed by the laws of the state of Iowa and venue for any
action arising from or related to this Agreement will be in the District Court of Iowa,
Dubuque County, Iowa.
7.5 This Agreement shall terminate upon City's acceptance of the Storm Sewer.
7.6 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.
7.7 All exhibits attached hereto form material parts of this Agreement.
7.8 All notices and correspondence related to this Agreement must be sent to the
following:
If to Developer:
If to City:
4827-4340-9981.3
Applewood IV, LLC
Attention: Scott J. Kwiecinski
5201 East Terrace Drive, Suite 300
Madison, WI 53718
City of Dubuque, Iowa
Attention: Gus Psihoyos, City Engineer
50 West 13th Street
Dubuque, Iowa 52001
3
In Witness Whereof, this Agreement has been duly executed and delivered by the
parties as of the date first above written.
CITY OF DUBUQUE, IOWA
By:
Michael C. Van Milligen
City Manager
4
4827-4340-9981.3
APPLEWOOD IV, LLC
By: Horizon Senior Housing XXX, LLC
Its Managing Member
By:
Daniel D. Fitzgerald,
ber
EXHIBIT 1
LOCATION MAP
See Attached.
5
4827-4340-9981.3
NAE LOCATION MAP DAGIS
Ii
ELL000EAREA G aGKAPIIC INFER-1—SY-H
Masterpiece on the Mississippi
1735 �; 1828 1832 1836 '` 1838 ,, 1840 1842 '= 1844 1846 1850 1852
z
PUBLIC STORM u
.r, -.,r.�4*r
SEWER
EXTENSION 720
17,25- o APPLEWOOD IV
BUILDING SITE
Z1 �a
3275 3225
m
0 3301 —
I .
1701.
_ NEW PUBLIC
X
3410 n X116 EXISTING PUBLICSTORM1693 1694' ' � SEWER 3276 3270 "3260
T
STORM SEWER EASEMENT AREA
- � ,, _ Dubuque County Assessor, City.•o�Dubuque Asses�or4
DISCLAIMER:This Information was compiled
(sing the Dubuque Area Geographic Inform atl-System
DAGIS),which—1,des data ,e,ed by bnth the city of N Map Prepared by:
D,,bCgUe and Dubuque county. It Is understood mat,while
th city ofDabagaeand pai-tidpating agenciesatilAed I e City of Dubuque
most current and__bte InPormatlon available,DAGIS and 1 inch = 100 feet Engineering Division
its sr,ppuers do not warrant the accracy nr currency of he
mformaenn nr data contained herein.The city and paitieipating 50 West 13th Street
agencies shall not be held cable for any direct,indirect,incidental, Dubuque,Iowa 52001
mnsrequen idl,pnnitroe,or special damages,whether fo�Asmeabie or
unforeseeable,wising out of me s th,o,ed or onaothorised use of 100 50 0 100 Feet Phone:(563)589-4270
this data or the Inability to usre this data or out of any breach of
warranty whatsoever Fax:(563)589-4205
EXHIBIT 2
LOT 2 LANGE ESTATE
INITIAL STORM SEWER CONSTRUCTION PLAN
See Attached.
7
4827-4340-9981.3
OITh
8'
U) 1 SHEET TITLE
STORM SEWER PROFILES
SITE PLAN
APPLEWOOD IV
4827-4340-9981.3
1
PROJECT NO, 18051
PREPARED FOR:
HORIZON DEVELOPMENT
5701 EAST lERRACE011. SUI1E SOO
611015511, 81 507115
1
8
JOHN F, KENNEDY RD.
BY...W. 13
AWRINFRAS
ss MUMS
11151511515155,
DATE
8/5/16
SCALE:
ISEE BAR SCALE
REVISIONS I DRAWN BY;
cig9g% TRL
/16/164,11,1 CHECKED BY;
0/19/16 I",ra
EXHIBIT 3
INSURANCE SCHEDULE A
See Attached.
9
4827-4340-9981.3
City of ;Dubuque Insurance Requirements for Tenants and Lessees of City Property or
Vendors (Suppliers,. Service Providers)), or Right of Way Permit Holders
Insurance Schedule, A
1.. shall furnish a signed Certificate ra Insura.nce PD11 to the City of Dubuque, Iowa for
the coverage required in Exhibit [ prior to :contract or lease commencement. All lessees of City property
a ncl Right of Way Permit 'Holders shali submit an updated COI annually. Each Certificate shall be prepare.d
on the most current ACRD form approved by the Departm ent Insurance or an equivalent Each
certificate shall include a statement under Descripfion of Operations as to why issue.d. Ea.: Project
DT Lease of premises. at ,or construction of or right of way
permitted l'ocation and de.stription
2. All policies of insurance required hereunder shall be witha carrier authorisedto do :business. in lova and
ail carriers shall] have a rating of A or better in the current A.M. Bests Patina Guide.
3. Each Certificate shall be furnished to the. contva.cting department of the:City of Dubuque.
4. Failure to provide minimum cove.rage shall not be deemed' a waiver of the require.rnersts by the City of
Dubuque. Failure to obtain or maintain the required insurance, shall be considered a material breach of
this agreement.
5. AJ required endorsements to various policies shall be attached to Certillimte of' insurance.
6. Whenever specific MO formis listed, .an equivalent fomi tna.y be substituted subject to the provider
identifying and listing:in writing ail deviations a.nd exclusions that: diffe.r from the, PSO form,
7. Provider shall be required to carry the minimum coverage/limits, or greater if required by law or other
le -gal agreement, in :Exhibit. F.
W'henever an ISO form is referenced the .current edition: of the form must be used. If provider's. limits of
liability are higher than the required minimum Irnz then the provider's limits shall he this agreement's
required
Page 1 of 3 Schedule A Property Cr Vendors May 2016
10
4827-4340-9981.3
City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or
Vendors (Suppliers, Service Providers)„ or Right of Way Permit Holders
Insurance Schedule A (continued
Exhibit 1
Ai COMMERCIAL GENERAL LIABILITe
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Eacrh Occurrence 51,000,000
Fire Damage Limit {any one occurre 5 50)000
Medical Payments
a) Coverage shall be written orran occurrence, it claims made, form. The general liability
coverage, shall be written in accord with ISD form CO00111 or business owners form BP0002.
All deviations from the standard ISO, cornmerdat general liabirity form Cu 0001, or Business
owners form BP 0002„. Shall be. clearly identified.
IS) Include ISO endorsement form CO .25 04 'Designated Locationli) General Aggregate Litait'
c) Include endorsement indiiizating that co,ferage. is primary and non-contributory.
d) Include endomerolentt reseme Governmental Immunity. tf.:',ample attached).
a) Include an endorsement that deletes any fellow employee exclusion.
fInclude additional iflaured endorsement for:
The C.:ity a Dubuque, including all its elected and appointed officials:, all its employees
and volunteers, all its- boards, commissions aindifor authorities and their board members,
e-mployees. and volunteers. Use ISO form Ce 20 i Ongoing operations) or its.
equivalent.
e If vendor utili2es Takes or SegWayS in the conduct of business,. include an endorsement
reflecting that these vehicles are not exclUded from Cornrnercl General Liability coverage.
B WORKERS" COMPENSATION & EMPLOYERS LIABILITY
Statutory benefits covering all employees, injured on the job by accident or disease as 'prescribed by
Iowa Code Chapter' S5 as am_encled.
Coverage A
Coverage B
Statutory—State of lova
Ern pinyersUablity
Each Accident $100,000
Each Employee•Disease $100,000
Poky Lirnit-Diseare 55001,000
Policy' shall include an endorsement providing a waiver ofsubrogation to the City of Dubuque..
C) Poll.ution.IiablHttv
Coverage required.: IprtS no
Pollution Liability coverage shall be required If lessee has any pollution exposures including
abatement of hazardous or cOntarninated materials including„ but not 'limited to,. petroleum products,
the removal of lead, asbestos,, PCB's... Pollution product and complete operations coverage shall
also be covered.
52,000,900 each occurrence
$4,000,000 policy aggregate
a) Policy to include premises and transportation coverage.
b} Include additional insured au stated in Af above..
c)i Include preservation of governmental immunity as stated in Ad above.
d} Provide evidence of coverage for 5 year; after :completion of project
Page 2 of 3 Schedule A Property- Or Vendors May 2016
11
4827-4340-9981.3
City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or
Vendors (Sup -pliers, Service Providers), or Right of Way Permit Holders
Preservation of Governmental immunities Endorsement
i.Cit of Gork,errrnental km:unit& The insurance c,-0-rrier 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 lova Section6,7a4a..s it is now exists and as it May be amended from time to time.
2. Claims Coverage_ The. insurance carrier further agrees that til" policy of insurance shall cover only
those claims not sal the, defense of government -al immunity under the Code of 'Iowa Section
670.4 as, it. now ext s and as it may be amended from time to time. Those claims not subject tc
Code alma Section 670.4 shall be covered- by the terms- and conditions of tilt VISLIcance
3. Assertion of Government lirrimunity_ The City of Dubuque,. Iowa shall be responsible for asserting any
defense a governmental immunity,. and may do so at any time andl shall do so upon the timely
written request of the insuranoe carrier.
4.. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the
insurance can ier shall not deny any of the rip 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 defensets): of governmental immunity asserted by the City of
Dubuque. Iowa.
No Other Chane in Policy, The above preservation of governmental immunities shall root otherwise
change or alter the coverage available tinder the policy.
SPECIMEN
Page 3 of 3 Sch,e.dule A Property Or Vendor.; May 201.6
12
4827-4340-9981.3
EXHIBIT 4
FORM OF EASEMENT
See Attached.
13
4827-4340-9981.3