Signed Contract_Dittmer Recycling for the Processing and Marketing of RecyclablesAGREEMENT
FOR THE PROCESSING AND MARKETING OF RECYCLABLES
BY AND BETWEEN
DITTMER RECYCLING, INC.
AND
THE CITY OF DUBUQUE, IOWA
This AGREEMENT, dated for reference purposes the 27th day of
May , 2023, is made and entered into, by and between, Dittmer
Recycling, Inc. (Contractor) and the City of Dubuque, Iowa (City).
WHEREAS, Contractor is the only Materials Recovery Facility (MRF) in the
county capable of providing comprehensive services with whom City desires to
negotiate a contract; and
WHEREAS, it is imperative that City complete contract negotiations in a timely
manner; and
WHEREAS, City desires to significantly increase the diversion of Recyclables
from the solid waste stream it delivers to the Dubuque Metropolitan Area Solid
Agency's Landfill (Agency) to extend the life of the Agency's Landfill; and
WHEREAS, City desires to maximize per ton revenues derived from the sale of
the recyclables and to minimize transportation and overall costs; and
WHEREAS, City desires to enable sustainable recycling infrastructure in order
to provide competitive MRF processing services, and support green jobs and local
economic development; and
WHEREAS, City and Contractor desire to reduce pollution impacting Global
Climate Change and to conserve energy and natural resources for use by future
generations; and
WHEREAS, City has agreed to contract with Contractor for receiving,
transferring, processing and marketing Acceptable Recyclables collected by City subject
to the terms and conditions set out below.
IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED,
THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1. TERM OF AGREEMENT. The term of this Agreement shall be from July
1, 2023 until midnight June 30, 2026 (the Term), unless earlier terminated pursuant to
this Agreement. City may at its option renew this Agreement for two one-year terms by
giving Contractor written notice of renewal not less than ninety (90) days prior to the
expiration of the Term or an extension of the Term.
05102023bal
SECTION 2. DEFINITIONS. For the purpose of this Agreement, the following terms
shall have the following meanings:
2.1 Holidays. City Holidays are New Year's Day, Martin Luther King's Day, Memorial
Day, Juneteenth, Independence Day, Labor Day, Veteran's' Day, Thanksgiving Day,
Day after Thanksgiving, Christmas Eve, Christmas Day and New Year's Eve. City crew
will provide curbside collection services on Martin Luther King's Day, Juneteenth,
Veteran's Day, the Day after Thanksgiving, Christmas Eve, and New Year's Eve. For
the remaining holidays, City crews will provide curbside collection services on the
preceding or following Saturdays. The City will hold the recyclables collected on the
holiday collection schedule. Contractor agrees to adjust MRF facility hours on the day
after the noted holidays and on all other holidays to meet the needs of the City.
2.2 Materials Recovery Facility (MRF). Materials Recovery Facility shall mean the
Contractor's facility located at 1755 Radford Road, Dubuque, IA 52002.
2.3 Acceptable Recyclable Materials. Acceptable Recyclable Materials means post -
consumer recyclables collected "curbside" from residential, institutional, and
commercial recycling customers that are uncontaminated and include: newspaper;
glossy paper; corrugated cardboard; chipboard; pop and beer carriers; office paper;
residential mixed paper; shredded paper; hard cover and soft cover books, aluminum,
steel and tin food and beverage containers; steel aerosol containers; dry, clean, empty
metal paint cans; plastic containers labeled plastic resin #145 (excluding plastic bags /
film); and other materials as mutually agreed upon in writing by City and Contractor.
Acceptance of previously agreed upon Acceptable Recyclable Materials listed on
Attachment B may be terminated as mutually agreed upon in writing by City and
Contractor.
2.4 Single -Stream. Single -Stream shall mean the delivery of the Acceptable
Recyclable Materials to the MRF in one compartmentalized or containerized stream:
commingled paper; metals; and plastic rigid containers.
2.5 Clean Cardboard. Clean Cardboard shall mean the delivery of acceptable
containerboard materials with a liner to the MRF that are not significantly mixed with
other Acceptable Recyclable Materials or Unacceptable Materials.
2.6 Unacceptable Materials. Unacceptable Materials means either materials that are
not Acceptable Recyclable Materials or materials that would have been classified as
Acceptable Recyclable Materials but were not properly prepared. Entire truckloads of
Single -Stream materials shall be considered as Unacceptable Materials when they
contain prohibited materials or out -throws of more than 5% by weight by visual
estimation. Clean Cardboard shall be considered as Unacceptable Materials when
containing prohibited materials or out -throws of more than 10% by weight by visual
estimation.
2.7 Residual Materials. Residual Materials means materials that are not recovered
2
in Contractor's or subcontractor's sorting process and therefore not marketed to
secondary material end users. The most current overall Residual Materials rate from
Contractor or other facilities performing Primary Processing of Acceptable Materials
delivered by City shall be reported to City in an acceptable form agreed to by City.
Residual Materials contain some non -recyclable materials, including incidental glass,
which is an Unacceptable Material in these collection streams. These Residual
Materials shall contain no more than 3% Acceptable Recyclable Materials by the weight
of Residual Materials that is landfilled.
SECTION 3. CONDITIONS PRECEDENT. City shall not be obligated to perform
under and may terminate this Agreement unless:
(1) Proper certificates of insurance are provided by Contractor; and
(2) The performance bond required by Section 12.1 is provided by Contractor.
SECTION 4. GENERAL DESCRIPTION OF SERVICE. Contractor and any approved
subcontractor (s) shall receive, transfer, process and market Single -Stream Acceptable
Recyclable Materials delivered to the MRF by City. All services rendered by Contractor
shall be in accordance with this Agreement.
SECTION 5. RECEIVING ACCEPTABLE RECYCLABLE MATERIALS.
5.1 Receiving Schedule. The MRF shall be open for business and capable of
receiving Acceptable Recyclable Materials Monday through Friday as designated in
Section 2.1. Hours for receiving materials on Monday through Friday shall be from 7:00
a.m. to 3:30 p.m. City reserves the right to re -designate the recycling collection day to
replace collections which occur on Holidays and to designate additional Holidays.
5.2 Planned and Unanticipated Shutdowns. Contractor shall make provisions for
receiving Acceptable Recyclable Materials from City during any planned or
unanticipated delay in opening, shutdowns, maintenance, or renovations at the MRF.
Contractor shall provide written notice to City at least sixty (60) days in advance of any
substantial change in these or subsequent plans for receiving, transferring and
processing materials collected by City.
5.3 Rejection Procedures. If any materials are not acceptable because they initially
were alleged to include too great a quantity of materials which are not Acceptable
Recyclable Materials, a second opinion shall be provided by a Contractor supervisor
before rejecting the materials. Contractor shall then immediately notify City. Rejected
whole or partial truckloads shall be reloaded, with City concurrence or set aside inside
Contractor's facility for not more than two (2) working days. City shall either dispose of
sufficient quantity contamination in order to upgrade the materials to become
Acceptable Recyclable Materials for processing by Contractor. If City is unable or
unwilling to remove the rejected materials in accordance with this Agreement,
Contractor will charge the disposal of the materials to City at the plus invoice City for
3
one hundred dollars ($100.00) for transport.
5.4 Weighing of Acceptable Recyclable Materials. City shall weigh loads at the
Contractor's MRF or any other certified scale that is accepted by City to establish the
net weight delivered to the MRF. Weight tickets shall be generated automatically
without requiring manual weight data entry. Procedures for establishing empty truck
weights shall be mutually agreed upon in writing by City and Contractor. Contractor
shall maintain records of each load from City by date, net weight, time of day and truck
identification. Contractor shall provide City with monthly reports of the total weight
delivered to the MRF in the form an acceptable form agreed to by City.
5.5 Unloading of Acceptable Recyclable Materials. City shall be responsible for
unloading Acceptable Recyclable Materials at the MRF. Contractor shall cooperate with
and assist City by providing the personnel, equipment and/or space necessary to
unload Acceptable Recyclable Materials which will enable City drivers to operate in a
safe and timely manner. City shall be required to follow all mutually agreed upon tipping
floor procedures while on Contractor's premises.
5.6 Title to the Acceptable Recyclable Materials. City shall retain title to all
Acceptable Recyclable Materials until Contractor accepts such materials.
SECTION 6. STORAGE AND PROCESSING OF ACCEPTABLE RECYCLABLE
MATERIALS. Contractor shall be responsible for any and all storage, transfer and
processing of Acceptable Recyclable Materials necessary to meet market specifications
and all costs associated with storage, transport and processing of Acceptable
Recyclable Materials received from City.
SECTION 7. OWNERSHIP OF MRF. Contractor shall at all times during the Term of
this Agreement be either the owner or the lessee of the MRF and shall be responsible
for any and all expenses incurred to operate and maintain the MRF; transporting
Acceptable Recyclable Materials to any approved subcontracted MRF and all
processing costs associated with any approved subcontracted MRF; and, all
transportation costs to ship materials to end markets.
SECTION 8. SORTING AND MARKETING ACCEPTABLE RECYCLABLE
MATERIALS.
8.1 Contractor shall be responsible for marketing Acceptable Recyclable Materials
accepted from City. Contractor agrees to use its best efforts to effectively process, or
subcontract to primary process, and market all Acceptable Recyclable Materials
delivered by City at an optimal value.
8.2 City shall have the right, during the term of this Agreement, to have a
representative enter Contractor's premises to monitor adherence to the Agreement. Use
of recording devices by City on Contractor's premises shall be approved by Contractor.
Such representative shall provide reasonable notice to Contractor, shall only be allowed
12
on Contractor's premises during normal business hours, and shall follow all Contractor
safety procedures.
8.3 City shall have the right during the term of this Agreement to monitor the
performance of Contractor against goals and performance standards required in this
Agreement. Substandard performance as determined by City shall constitute non-
compliance and subject Contractor to penalties as Liquidated Damages. If action to
correct such substandard performance is not taken by Contractor within sixty (60) days
after being notified by City. City may initiate Agreement termination procedures.
SECTION 9. UNACCEPTABLE AND RESIDUAL MATERIALS.
9.1 Rejecting Unacceptable Loads or Commodities. Contractor shall have the right
to reject at the MRF any Unacceptable Materials in accordance with the Section 5.3.
Contractor shall be responsible for disposing of Unacceptable Materials at Contractor's
expense if such Unacceptable Materials are accepted at time of delivery by Contractor.
9.2 Limitation of Unacceptable Materials. Unacceptable Materials in any delivery by
City shall not exceed 5% by weight. In the event that Unacceptable Materials' content
in any delivery exceeds 5% by weight, Contractor may charge City for special handling.
Clean Cardboard materials may contain Unacceptable Materials not exceeding 10% by
weight.
9.3 Measuring Process Residuals. Contractor shall provide City a written description
of the means used to measure/estimate residuals derived from processing Acceptable
Recyclable Materials. Such written description shall be reviewed and approved by City
and shall be updated by Contractor immediately after any significant changes in
Subcontractors, or in the processing facilities and equipment. Contractor shall report the
quantity and rationale for any significant change in each month's residuals on the
monthly report.
SECTION 10. LANDFILLING ACCEPTABLE RECYCLABLE MATERIALS.
Contractor or any subcontractors shall not dispose any non -contaminated Acceptable
Recyclable Materials accepted from City in a landfill without the written authorization of
City. Any such proven action shall be grounds for penalty to Contractor.
SECTION 11. APPORTIONING MATERIALS, REVENUE, FEES AND TERMS OF
PAYMENT.
11.1 Contractor shall accept Acceptable Recyclable Materials from City according to
the separate apportionment and financial terms adapted on quality and quantity as
follows:
1. For the purposes of this Agreement, the following terms have the following
meanings:
5
(a) Contractor Processing Fee. The Contractor Processing Fee is the
mutually agreed upon fee per ton for handling, sorting, processing, and
marketing the City's Acceptable Recyclable Materials.
(b) Net Revenue Share. The Net Revenue Share is calculated from the
average per ton value of the City's apportioned Acceptable Recyclable
Materials sold each month after the Contractor Processing Fee per ton is
deducted.
(c) City Revenue Share. The City Revenue Share is 50% of the Net Revenue
Share.
2. Contactor and City agree to the following apportionment of the City's Acceptable
Recyclable Materials by a percentage of marketed commodities and a
percentage of reasonable accommodated Unacceptable Materials expected to
be landfilled:
(a) Paper (71.71 %)
Special News, De -ink Quality (PS-8), 50.29% chipboard and junk mail
included
Corrugated Containers (PS-11), 21.42%
(b) Rigid Containers and Materials (Metal Cans and Plastic Bottles) (22.88%)
Used Beverage Containers 2.56%Tin Cans 4.80% (includes
miscellaneous metal: copper, aluminum, steel, empty paint and aerosol
cans, pots, and pans)
PET #1- 9.02%
HDPE #2- Natural 3.064%
HDPE #2 - Colored 1.90%
#345 Plastic Containers 1.84%
(c) Residual Materials 5.15% (includes cartons, glass, films, hazardous
wastes, and fines)
3. Contractor will provide processing and marketing services to City for $80.00 per
ton for the agreed upon apportionment of Acceptable Recyclable Materials and
Unacceptable Materials.
4. Fee Adjustments during the term of this Agreement shall begin on the first
anniversary date of the term and continuing on each subsequent anniversary
n
date thereof and shall be determined by multiplying the fee in effect immediately
prior to the applicable anniversary by the CPI Adjustment (as hereinafter defined)
and then adding the resulting product, if positive ("CPI Increase"), to the fees in
effect immediately prior to the applicable anniversary date; provided, however, in
no event shall the CPI Increase exceed three percent (3%) of the then -current
fees and provided, further, that in no event shall the fees for any year be less
than the fees for the immediately preceding year.
The "CPI Adjustment" shall be a fraction expressed as a decimal, the numerator
of which shall be the Current CPI minus the Prior CPI and the denominator of
which is the Prior CPI, or three percent (3%) whichever amount is less. The
"Current CPI" is the latest CPI published prior to the anniversary date of the lease
term. The "Prior CPI" is the CPI published in the immediately preceding calendar
year for the same month as the Current CPI.
The term "CPI" shall mean the "Consumer Price Index for All Urban Consumers
(CPI-U)" published by the Bureau of Labor Statistics of the U.S. Department of
Labor, All Items (1982-84=100), U.S. City Average, or any successor index
thereto, appropriately adjusted. If the CPI ceases to be published and there is no
successor thereto, such other government or nonpartisan index or computation
shall be used which would obtain a substantially similar result as if the CPI had
not been discontinued.
5. Net Revenue Shares will be distributed to City and Contractor according to the
following percentages:
(a) 50% to City, and
(b) 50% to Contractor
6. When Acceptable Recyclable Materials are marketed during a month by
Contractor, the apportioned tonnage of that Acceptable Recyclable Materials
delivered during that month will be credited as revenue based on actual sale
receipts received by the Contractor. Upon request, the Contractor will provide the
City actual sale receipts for the products marketed. The value of the City's
Acceptable Recyclable Materials will be included in the Net Revenue Share.
11.2 Settlement. Contractor shall be responsible for maintaining adequate records to
submit revenue sharing or processing fees information to City by no later than the 5th
day of each month. Contractor shall submit a digital monthly statement on the
Contractor's Financial Transactions Statement. Contractor shall pay City any amount
due to City by the 30th day of the month following the previous month's deliveries of
Acceptable Recyclable Materials in months when City receives a Revenue Share. City
shall pay any amount due to the Contractor by the 30t" day of the month following the
previous month's deliveries of Acceptable Recyclable Materials in months when City
owes Contractor.
7
SECTION 12. PERFORMANCE GUARANTEE.
12.1 Performance Bond. Contractor shall deliver a bond or other security to City in a
form acceptable to City in the amount of One Hundred Thousand Dollars ($100,000), to
secure the performance of its obligations under this Agreement. The exercise of any
rights under such security shall in no way operate as a waiver of any other rights or
claims that City may have against Contractor.
12.2. Liquidated Damages. Contractor agrees that, in addition to any other remedies
available to City, City may withhold any and all payments due to Contractor as
liquidated damages for failure of Contractor to fulfill its obligations under this
Agreement.
SECTION 13. INSURANCE. Contractor shall provide insurance as set forth in the
attached Insurance Schedule.
SECTION 14. EDUCATION. Contractor shall cooperate with City to increase
awareness about recycling in an effort to increase the amount and quality of materials
collected and delivered to Contractor's facility. Contractor shall support City's recycling
education and promotion programs as well as initiate its own programs. Strategies to
promote recycling shall include presentations to school and adult groups, participation in
local business and other organizations such as Sustainable Dubuque and the Chamber
of Commerce, and local media campaigns. Contractor will make a payment to City in
support of City's public education program in the amount of one dollar per ton (paid
quarterly) for Acceptable Recyclable Materials delivered to the MRF by the City.
Contractor understands that the funds may be used, but is not limited to, Re -Collect
software, flyers, brochures, giveaways advertisements and/or environmental events.
SECTION 15. PERFORMANCE OF THE AGREEMENT.
15.1 Necessary Labor, Material, and Equipment. Contractor shall supply all labor,
material and equipment necessary for performance of Contractor's duties under this
Agreement.
15.2 No Claims. Contractor agrees to pay in a timely manner all persons doing work
or furnishing skill, tools, machinery, or just claims for such work, material, equipment
insurance, and supplies in and about the performance of this Agreement.
15.3 Indemnification. Contractor agrees to take all precautions to protect the public
against injury and to defend, indemnify and hold harmless the City, its officers and
employees, from and against any and all claims that may arise by reason of the
negligence, recklessness or intentional misconduct of Contractor or its agents or
employees in the performance of this Agreement.
SECTION 16. RECORDS, REPORTS, AND PERIODIC MEETINGS.
n.
16.1 Generally. Contractor shall establish and maintain digital and paper records,
which shall be open to inspection by City, of all financial and operating information
related to the Acceptable Recyclable Materials delivered to it by City. The records shall
include insurance and any regulatory inspection records, quantity by weight of
Acceptable Recyclable Materials delivered by City to the MRF, and the records of all off -
site shipments, tonnage, transfer and disposals for primary, processing made from or
including Acceptable Recyclable Materials collected and delivered by the City.
16.2 Report to City. Contractor shall submit a complete monthly report to City within
five (5) days after the end of each month, which shall include; the tonnage delivered by
City during the month; the quantity of each Recyclable Commodity marketed; revenue
owed to or by City; and the quantity and type of residue landfilled during the month. The
Contractor shall also submit a brief narrative analysis of the market conditions for each
materials; and suggested methods to improve the quality or quantity of recyclable
materials generated or processed or other ideas to enhance the revenue potential of
materials collected.
16.3 Inspection of Facility and Records. City or an authorized representative of City
shall have the right to inspect the facility and appropriate records of Contractor relating
to its performance under this Agreement upon seven (7) days notice to Contractor. Non-
proprietary photos may be taken to document problems as needed. City shall conduct
such inspection in a manner which will be least disruptive to the operations of
Contractor. Contractor agrees to cooperate fully with City during the inspection.
16.4 Periodic Meetings. Contractor and the City shall meet as needed, to address
and perceived problems, commodity prices and revenue shares, monitor Contractor
operating costs, modify seasonal percentages of incoming materials by mutual consent
of City and Contractor, evaluate the status of the delivery and processing of Acceptable
Recyclable Materials, confer on potential efforts to improve quantities and quality, and
evaluate the status of current and possible future recycling activities.
SECTION 17. SAFETY. Contractor shall provide and maintain all sanitary and safety
accommodations and protocols for the use and protection of its employees, as well as
for employees of City, as may be necessary to provide for their health and welfare and
shall comply with all federal, state and local codes and regulations.
SECTION 18. NONDISCRIMINATION. Contractor agrees that during the life of this
Agreement, Contractor shall not discriminate against any employee or applicant for
employment because of race, color, creed, gender identity, sexual orientation, national
origin, age, physical or mental disability, or political affiliation, and shall include a similar
provision in all subcontracts entered into in the performance of this Agreement.
SECTION 19. COMPLIANCE WITH LAW. Contractor shall comply with all
applicable state and local law, regulations and ordinances.
9
SECTION 20. GOVERNING LAW. This Agreement shall be governed in all respects
by the law of the State of Iowa.
SECTION 21. NOTICE. All notices required by this Agreement to be served on or
delivered to a party shall be in writing and delivered by hand as follows:
If to Contractor: Mr. Scott Dittmer
President
Dittmer Recycling, Inc.
1755 Radford Road
Dubuque, IA 52002
If to City: Mr. Michael C. Van Milligen
City Manager
City Hall
50 West 15t" Street
Dubuque, IA 52001
SECTION 22. SUCCESSORS AND ASSIGNS. This Agreement shall be binding
upon Contractor, its successors and assigns.
SECTION 23. NON -ASSIGNABILITY.
23.1 Contractor. Contractor shall not assign or transfer this Agreement or any part of
its interest in this Agreement nor shall Contractor assign any monies due or to become
due under this Agreement without City's prior written consent. Contractor
acknowledges that City has no obligation to give such consent and may withhold such
consent for any reason it deems proper.
23.2 Subcontractors. Contractor shall not enter into subcontracts for any of the
services provided for in this Agreement without the prior written consent of City.
SECTION 24. CONFLICT OF INTEREST. Contractor agrees that no member,
officer, or employee of City shall have any interest, direct or indirect, in this Contract or
the proceeds thereof. A violation of this provision shall cause this Agreement to be null
and void and Contractor shall forfeit any payments to be made under this Agreement.
SECTION 25. SEVERABILITY. All parts and provisions of this Agreement are
severable. If any part or provision shall be held invalid, the remainder shall remain in
effect.
SECTION 26. TERMINATION
26.1 This Agreement may be terminated by City under the following conditions:
10
(1) In the event of fraud, misrepresentation, or breach of any of the material
terms of the Agreement by Contractor or in the event that Contractor becomes
insolvent, is dissolved or is named as a party in a proceeding under any
bankruptcy or insolvency laws. Prior to such termination, City shall deliver written
notice of its intent to terminate and the grounds therefore, and Contractor shall
have fourteen (14) days to cure said deficiencies to the satisfaction of City; or
(2) If Contractor fails to obtain or maintain any of the insurance or security
required by this Agreement.
26.2 This Agreement may also be terminated upon mutual written agreement of the
parties at any time provided the termination shall not take effect less than sixty (60)
days after the date of such agreement.
SECTION 27. ENTIRE AGREEMENT. This Agreement constitutes the entire
agreement between the parties. No modifications of this Agreement shall be valid or
effective unless made in writing and signed by the parties hereto.
CITY OF DUBUQUE, IOWA
By: k�w
Mi hael C. Van Milligen
City Manager
By: '/�,
Adrienne N. Breitfelder
City Clerk
11
DITTMER RECYCLING, INC.
Scott Dittmer, President
By
Joe Rettenmeier, Vice President
INSURANCE SCHEDULE
12
INSURANCE SCHEDULE G
1. Contractor shall furnish a signed certificate of insurance to the Dubuque Metropolitan Area Solid
Waste Agency, Iowa for the coverage required in Exhibit I prior to the contract commencement.
Each certificate shall be prepared on the most current ACORD form approved by the Iowa
Insurance Division or an equivalent. Each certificate shall include a statement under Description
of Operations as to why the certificate was issued. Agreement dated
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 shall be furnished to the Finance Department of the Dubuque Metropolitan Area
Solid Waste Agency.
4. The service provider shall be required to carry the minimum coverage/limits, or greater if
required by law or other legal agreement, in Exhibit I. Failure to provide the required minimum
coverage shall not be deemed a waiver of such requirements by the Dubuque Metropolitan Area
Solid Waste Agency.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of this
agreement.
6. All required endorsements shall be attached to certificate.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless
an equivalent form is approved by the Director of Finance and Budget. The service provider
must identify or list in writing all deviations and exclusions from the ISO form.
8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits
shall be this agreement's required limits.
9. Vendor 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. Vendor
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 Vendor.
10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy
premiums and other costs associated with the insurance policies required below.
11. All certificates of insurance must include agents name, phone number, and email address.
12. The Dubuque Metropolitan Area Solid Waste Agency reserves the right to require complete,
certified copies of all required insurance policies, including endorsements, required by this
Schedule at any time.
13. The Dubuque Metropolitan Area Solid Waste Agency reserves the right to modify these
requirements, including limits, based on changes in the risk or other special circumstances
during the term of the agreement, subject to mutual agreement of the parties.
13
INSURANCE SCHEDULE G (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $1,000,000
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."
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 Dubuque Metropolitan Area Solid Waste Agency, 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.
6) Policy shall include Waiver of Right to Recover from Others endorsement.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A Statutory —State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by Iowa Code Section 85.1A, the Vendor is not required to purchase Workers'
Compensation Insurance, the Vendor shall have a copy of the State's Nonelection of
Workers' Compensation or Employers' Liability Coverage form on file with the Iowa
14
Workers' Compensation Insurance Commissioner, as required by Iowa Code Section
87.22. Completed form must be attached.
15
INSURANCE SCHEDULE G (continued)
C) POLLUTION LIABILITY
Coverage required: _ Yes _*_ No
Pollution liability coverage shall be required if the lessee, contracting party, or permittee
has any pollution exposure for abatement of hazardous or contaminated materials
including, but not limited to, petroleum products, the removal of lead, asbestos, or
PCBs. Pollution product and completed 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 Dubuque Metropolitan Area Solid Waste Agency, 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(competed operations).
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
D) PROFESSIONAL LIABILITY $1,000,000
Coverage required: _*_ Yes _ No
If the required policy provides claims -made coverage:
1) The Retroactive Date must be shown and must be before the date of the
agreement.
2) Insurance must be maintained and evidence of insurance must be provided for
at least five (5) years after completion of the work or services.
3) If coverage is canceled or non -renewed and not replaced with another claims -
made policy form with a Retroactive Date prior to the date of the agreement, the
contractor must provide "extended reporting" coverage for a minimum of five (5)
years after completion of the work or services.
E) CYBER LIABILITY/BREACH $1,000,000
Coverage required: _ Yes _*_ No
Coverage for First and Third Party liability including but not limited to lost data and
restoration, loss of income and cyber breach of information.
16
F) UMBRELLA/EXCESS $1,000,000
Coverage required: _*_ Yes _ No
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.
Please be aware that naming the City of Dubuque as an additional insured as is required by this
Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa
Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an
equivalent form.
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 Dubuque Metropolitan Area Solid Waste Agency, Iowa as
an Additional Insured does not waive any of the defenses of governmental immunity available to the
Dubuque Metropolitan Area Solid Waste Agency, 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 Dubuque Metropolitan Area Solid Waste Agency, 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 Dubuque Metropolitan Area Solid Waste
Agency, 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
Dubuque Metropolitan Area Solid Waste Agency, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
17
SPECIMEN
im
THE CITY OF
DCityT_� E Dubuque
U Leisure Services
2200 Bunker Hill Road
Masterpiece on the Mississippi Dubuque, IA 52001
(563) 589-4264
CITY OF DUBUQUE, IOWA
SHORT FORM
PUBLIC IMPROVEMENT CONTRACT
THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), made in triplicate, between the
City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City
Manager by its City Council and RDG Planning & Design, Inc. (Contractor) of the City of Des
Moines located at 301 Grand Avenue, Des Moines, IA 50309
PROJECT TITLE:
Grand River Center parking lot lighting design and consulting services
For and in consideration of the mutual covenants herein contained, the parties hereto agree as
follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for (the Project):
Lighting design and consulting services as outlines on lighting design proposal dated
02-26-23 from RDG.
The work described above shall be completed at the following location(s):
Grand River Center
The Project shall be constructed to the meet the requirements as described in this Project
Contract and the attached special conditions; in strict accordance with the requirements of the
laws of the State of Iowa and ordinances of the City of Dubuque relating to public works, and in
accordance with the Contract Documents which provisions and documents are each and all
hereby referred to and made a part of this Contract just as much as if the detailed statements
thereof were repeated herein.
Page 1 of 4
2. Contract Documents shall mean and include the following: This Improvement Contract; all
ordinances and resolutions heretofore adopted by the City Council having to do with the Project;
the Contractor's Proposal; and the conditions described in the Contract, including any Special
Conditions, Plans and Specifications and General Requirements as adopted by the City Council
for the Project.
3. All materials used by the Contractor in the Project shall be the best of their several kinds and
shall be put in place to the satisfaction of the City Manager.
4. The Contractor shall remove any materials rejected by the City Manager as defective or improper,
or any of said work condemned as unsuitable or defective, and the same shall be replaced or
done anew to the satisfaction of the City Manager at the cost and expense of the Contractor.
5. Five percent (5%) of the Contract price may be retained by the City for a period of thirty (30) days
after final completion and acceptance of the Project by the City Manager to pay any claim that
may be filed within said time for labor and materials done and furnished in connection with the
performance of this Contract and for a longer period if such claims are not adjusted within that
time, as provided in Iowa Code Chapter 573. The City shall also retain additional sums to protect
itself against any claim that has been filed against it for damages to persons or property arising
through the prosecution of the work and such sums shall be held by the City until such claims
have been settled, adjudicated or otherwise disposed of.
6. The Contractor has read and understands the SUDAS Standard Specifications (Current Edition)
including but not limited to Division 1: General Provisions and Covenants and the City of Dubuque
Supplemental Specifications — Division 1 (Current Edition), and has examined and understands
the project description described in Section 1 and any attached Special Conditions herein referred
to and agrees not to plead misunderstanding or deception because of estimates of quantity,
character, location or other conditions surrounding the same.
7. The Contractor shall guarantee for a period two years and make good any other defect in any
part of the Project due to improper construction or material performance notwithstanding the fact
that said Project may have been accepted and fully paid for by the City. The guarantee shall
commence on the date that the City pays full compensation for the complete performance of this
contract.
8. The Contractor shall fully complete the Project under this Contract on or before August 30, 2023.
9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold harmless City, its officers and employees, from and
against all claims, damages, losses and expenses claimed by third parties, but not including any
claims, damages, losses or expenses of the parties to this Contract, including but not limited to
attorneys' fees, arising out of or resulting from performance of this Contract, provided that such
claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or
injury to or destruction of property, including loss of use resulting therefrom, but only to the extent
caused in whole or in part by negligent acts or omissions of Contractor, or anyone directly or
indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless
of whether or not such claim, damage, loss or expense is caused in part by a party indemnified
hereunder.
Page 2 of 4
10. Unless otherwise specified in the Contract Documents, prior to the commencement of any work
on the Project and at all times during the performance of this Contract, the Contractor shall
provide evidence of insurance which meets the requirements of the City's Insurance Schedule
for Professional Services.
11. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42
U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the
Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will
affirmatively insure that in any contract entered into pursuant to this advertisement, minority business
enterprises will be afforded full opportunity to submit bids in response to this invitation and will not
be discriminated against on the grounds of race, color, national origin, sex, age, or disability in
consideration for an award.
12. The City of Dubuque, State of Iowa and Department of Justice have entered into a Consent
Decree requiring the City to complete certain capital improvements pursuant to an established
schedule and to comply with certain capital improvements pursuant to an established schedule
and to comply with certain reporting and recordkeeping requirements. One of the terms of the
Consent Order is for the City to advise contractors whose duties might reasonably include
compliance with any provision of the Consent Decree with a copy of the Consent Decree. The
City expects its contractors to comply with the Consent Decree and to assist the City in complying
with the Consent Decree. As a requirement of this Contract, the Contractor shall execute and
return to the City Exhibit A that is attached to this Contract.
THE CITY AGREES:
Upon the completion of the Contract, and the acceptance of the Project by the City Manager,
the City agrees to pay the Contractor as full compensation for the complete performance of this
Contract, the amount determined for the total number of units completed at the unit prices stated in
the Contractor's Proposal and less any liquidated damages provided for in the Contract Documents.
The number of units stated in the contract, special conditions and contractors proposal is
approximate only and the final payment shall be made by the work covered by the Contract.
CONTRACT ESTIMATED AMOUNT $ 8,500
THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 5% OF THE
ABOVE LISTED ESTIMATED AMOUNT.
Page 3 of 4
CITY OF DUBUQUE, IOWA
By:
/�t-dimx kL A - &&n.
Michael C. Van Mi ligen
City Manager
04/30/2023
Date
CONTRACTOR:
RDG Planning & Design, Inc.
Company Name
By: •
Signature
Scott Crawford, PLA, ASLA, LEED AP
Printed Name
Principal
Title
05/03/2023
Date
CONTRACTOR ACKNOWLEDGEMENT OF
ATTACHED SPECIAL CONDITIONS:
05/03/2023
Signature Date
Scott Crawford, PLA, ASLA, LEED AP
Printed Name
Principal
Title
Page 4 of 4